# Board of Supervisors Minutes: September 17, 2013 - Meeting date: 2013-09-17 - Document type: minutes - Pages in official PDF: 19 - [Canonical HTML transcript](https://sfbos.info/documents/134/2013-09-17-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=263282&GUID=EF6064E8-A062-40DD-80B7-F3FB9B103335) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 130276: Business and Tax Regulations Code - Former Transfer Tax Review Board - Pages: 3 - Vote 1: first-reading - Action: 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 ### File 130780: Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2013-2014 - Pages: 3 - Vote 1: first-reading - Action: 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 ### File 130671: Airport Concession Lease - Skyline Concessions, Inc. - $192,000 Minimum Annual Guarantee - Pages: 3-4 - Vote 1: adoption, likely final - Action: 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 ### File 130701: Real Property Lease Renewal - 3801-3rd Street, Suite 400 - Bayview Plaza, LLC, - $38,545 Monthly - Pages: 4 - Vote 1: adoption, likely final - Action: 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 ### File 130708: Accept and Expend Grant - County Enrollment Assistance 2013 - $225,000 - Pages: 4 - Vote 1: adoption, likely final - Action: 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 ### File 130714: Accept and Expend Grant - National Institutes of Health - $140,827 - Pages: 4 - Vote 1: adoption, likely final - Action: 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 ### File 130729: Agreement - County CalWIN Consortium - $53,019,909 - Pages: 4-5 - Vote 1: adoption, likely final - Action: 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 ### File 130730: Agreement - In-Home Supportive Services Consortium - Not to Exceed $87,321,540 - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 130732: Real Property Lease - Port Commission - 295 Terry Francois - Seven Percent of Gross or $10,011.81 Monthly - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 130776: Lease - Golden Gate Park Golf Foundation - $225,000 Annual Base Rent - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 130825: Apply for, Accept, and Expend Fund - Transportation Security Administration Other Transaction Agreement - Not to Exceed $59,429,406 - Pages: 5-6 - Vote 1: adoption, likely final - Action: 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 ### File 130646: Planning Code - Mixed Use Office District - Pages: 6 - Vote 1: first-reading - Action: 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 ### File 130672: Transportation Code - Disabled Parking Placard or License Plate Restrictions - Pages: 6 - Vote 1: first-reading - Action: 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 ### File 130706: Administrative Code - Residential Rent Ordinance, Tenant Financial Hardship Applications for Relief from Landlord Passthrough of Capital Improvement Costs - Pages: 6-7 - Vote 1: amendment - Action: 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 - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 130782: Building, Housing Codes - Mandatory Seismic Retrofit Program - Wood-Frame Buildings - Pages: 7 - Vote 1: first-reading - Action: 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 ### File 130786: Fire Code - Repealing, Replacing, and Amending - Pages: 7 - Vote 1: first-reading - Action: 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 ### File 130764: Administrative Code - Due Process for All Ordinance on Civil Immigration Detainers - Pages: 7-8 - Vote 1: first-reading - Action: 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 ### File 130775: Liquor License Transfer - 6333 Geary Boulevard - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 130793: Hearing - Disposition and Development Agreement - Golub Real Estate and Mercy Housing - 280 Beale Street (Transbay Block 6) - Pages: 9 ### File 130794: Disposition and Development Agreement - Golub Real Estate and Mercy Housing - 280 Beale Street (Transbay Block 6) - $30,000,000 - Pages: 9-10 - Vote 1: adoption, likely final - Action: 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 ### File 130818: Public Hearing - Conditional Use - 3771 and 3781 Cesar Chavez Street - Pages: 10 ### File 130819: Approving Planning Commission’s Decision Related to the Conditional Use Authorization - 3771 and 3781 Cesar Chavez Street - Pages: 10 - Vote 1: tabling - Action: 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 ### File 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 - Pages: 10-11 - Vote 1: amendment - Action: 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 - Vote 2: approval, likely final - Action: 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 ### File 130821: Preparation of Findings Related to the Conditional Use Authorization - 3771 and 3781 Cesar Chavez Street - Pages: 11 - Vote 1: approval, likely final - Action: 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 ### File 130762: Memorandum of Understanding, Amendment No. 5 - San Francisco Police Officers’ Association (Units P-1 & P-2A) - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 130763: Memorandum of Understanding, Amendment No. 5 - San Francisco Police Officers’ Association (Unit P-2B) - Pages: 11-12 - Vote 1: first-reading - Action: 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 ### File 130871: Frank Rossi, Sr., Day - October 19, 2013 - Pages: 12 ### File 130848: Final Map 7341 - 1 Capitol Avenue - Pages: 12-13 - Vote 1: approval, likely final - Action: 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 ### File 130829: Urging the Public Utilities Commission to Set Not-to-Exceed Rates for CleanPowerSF Without Any Further Delay - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 130870: Supporting Assembly Bill 1263 - Medi-Cal: CommuniCal - Reliable Access to Language Interpretation for Medi-Cal Beneficiaries - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 130790: Business and Tax Regulations, Police Codes - Renting Parking Spaces at Residential Properties to Non-Residents - Pages: 14 ### File 130883: Appropriation - Certificates of Participation - Utility Infrastructure System - Treasure Island - $13,500,000 - FY2013-2014 - Pages: 14 ### File 130884: Cooperative Agreement Modification - United States Navy - Treasure Island Development Authority - Pages: 14-15 ### File 130885: qCertificates of Participation - Treasure Island Improvement Project - Not to Exceed $13,500,000 - Pages: 15 ### File 130886: Memorandum of Understanding - Treasure Island Development Authority and the Public Utilities Commission - Provision of Utilities Services - Treasure Island and Yerba Buena Island - Pages: 15 ### File 130887: Multifamily Housing Revenue Bonds - 1825 Mission Street (Vincentian Villa) - Not to Exceed $15,500,000 - Pages: 15-16 ### File 130888: Authorizing the Office of Economic and Workforce Development to Identify and Recommend Small Businesses - Kiva Zip’s Microlending Platform - Pages: 16 ### File 130889: Application Approval - Comprehensive HIV Prevention Programs - $8,001,007 - Pages: 16 ### File 130890: Accept and Expend Grant - Safe Routes to School Program - $1,439,000 - Pages: 16 ### File 130891: Constitution and Citizenship Day in San Francisco - September 17, 2013 - Pages: 16 ### File 130892: Urging Support for the Supplemental Nutrition Assistance Program - Pages: 16-17 ### File 130900: Concurring in the Revised Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area) - Pages: 17 ### File 130893: Hearing - Budget and Legislative Analyst Report - Park, Recreation, and Open Space Advisory Committee - Property Acquisition Process for the Open Space Fund - Pages: 17 ### File 130894: Hearing - Co-Locating Supportive Housing in Conjunction with the Seismic Replacement of the City's Animal Care and Control Facility - Pages: 17 ### File 130895: Hearing - Bike Share Launch and Plans for Expansion - Pages: 17-18 ### File 130854: Settlement of Lawsuit - Erik Russell - $30,000 - Pages: 18 ### File 130855: Settlement of Lawsuit - E. Lynn Schoenmann - $160,000 - Pages: 18 ### File 130856: Interconnection Agreement - Pacific Gas and Electric Company - Solar Power Project - 700 Pennsylvania Avenue - Pages: 18-19 ## Extracted text ### [Page 1](https://sfbos.info/documents/134/2013-09-17-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 17, 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 10:30 AM City and School District Select Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners Mendoza-McDonnell, 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 28 ### [Page 2](https://sfbos.info/documents/134/2013-09-17-minutes#page-2) Board of Supervisors Meeting Minutes 9/17/2013 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 2:09 p.m. On the call of the roll, Supervisor Kim was noted absent. There was a quorum. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES There were none. COMMUNICATIONS There were none. CONSENT AGENDA There were no items. REGULAR AGENDA UNFINISHED BUSINESS There were no items. City and County of San Francisco Page 579 Printed at 1:55 pm on 10/24/13 ### [Page 3](https://sfbos.info/documents/134/2013-09-17-minutes#page-3) Board of Supervisors Meeting Minutes 9/17/2013 NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - Kim City and County of San Francisco Page 580 Printed at 1:55 pm on 10/24/13 ### [Page 4](https://sfbos.info/documents/134/2013-09-17-minutes#page-4) Board of Supervisors Meeting Minutes 9/17/2013 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - Kim City and County of San Francisco Page 581 Printed at 1:55 pm on 10/24/13 ### [Page 5](https://sfbos.info/documents/134/2013-09-17-minutes#page-5) Board of Supervisors Meeting Minutes 9/17/2013 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener, Yee Absent: 1 - Kim Supervisor Kim was noted present at 2:14 p.m. 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 582 Printed at 1:55 pm on 10/24/13 ### [Page 6](https://sfbos.info/documents/134/2013-09-17-minutes#page-6) Board of Supervisors Meeting Minutes 9/17/2013 Recommendations of the Land Use and Economic Development Committee 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 583 Printed at 1:55 pm on 10/24/13 ### [Page 7](https://sfbos.info/documents/134/2013-09-17-minutes#page-7) Board of Supervisors Meeting Minutes 9/17/2013 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Neighborhood Services and Safety Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 584 Printed at 1:55 pm on 10/24/13 ### [Page 8](https://sfbos.info/documents/134/2013-09-17-minutes#page-8) Board of Supervisors Meeting Minutes 9/17/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Wiener, seconded by Supervisor Cohen, 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 Wiener introduced, welcomed, and presented a Certificate of Honor to Richard Kravitz of the San Francisco PRIDE in recognition of his 10 years of service, accomplishments, and continued community support. Supervisor Cohen introduced, welcomed, and presented a Certificate of Honor to Emmanuel S. Stewart, Teacher of the San Francisco Unified School District, in recognition of his accomplishments and continued community support. Supervisor Cohen introduced, welcomed, and presented a Certificate of Honor to Pamela Stevenson, Chapter President, Angelique Thompkins and Dr. Allison Metz, Health and Human Services Co-Chairs, of the San Francisco Chapter of the Links, in recognition of their accomplishments and continued community support. Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to various individuals of the SF Pathways to Citizenship Community Collaborative in recognition of National Citizenship Day, their accomplishments, and continued community support. Supervisor Yee shared in this commendation. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to various individuals of the Senior and Disability Action Network in recognition of their accomplishments and continued community support. City and County of San Francisco Page 585 Printed at 1:55 pm on 10/24/13 ### [Page 9](https://sfbos.info/documents/134/2013-09-17-minutes#page-9) Board of Supervisors Meeting Minutes 9/17/2013 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 130793 [Hearing - Disposition and Development Agreement - Golub Real Estate and Mercy Housing - 280 Beale Street (Transbay Block 6)] Sponsor: Kim Hearing to consider the proposal of the Successor Agency to the San Francisco Redevelopment Agency, to retroactively 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. The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to File No. 130794. Supervisor Kim provided an overview of the project. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 586 Printed at 1:55 pm on 10/24/13 ### [Page 10](https://sfbos.info/documents/134/2013-09-17-minutes#page-10) Board of Supervisors Meeting Minutes 9/17/2013 SPECIAL ORDER 3:00 P.M. 130818 [Public Hearing - Conditional Use - 3771 and 3781 Cesar Chavez Street] Hearing of persons interested in or objecting to the Planning Commission's approval on July 18, 2013, of a Conditional Use Authorization identified as Planning Case No. 2013.0259CV, by its Motion No. 18930, pursuant to Planning Code Sections 209.3(f), 209.3(j), 317, and 303, to increase enrollment at an existing preschool (d.b.a. Gan Noe Preschool) and allow for an accessory religious facility within the preschool, located within a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District, on property located at 3771 and 3781 Cesar Chavez Street, Assessor’s Block No. 6577, Lot Nos. 030 and 045. (District 8) (Appellant: Richard Rochman) (Filed August 19, 2013). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board. Supervisor Wiener provided an overivew a proposed settlement. Richard Rochman (Appellant) provided an overview of the appeal, agreed to the proposed settlement, and formally withdrew his appeal. There were no speakers in support of the appeal. AnMarie Rodgers (Planning Department) expressed gratitude for Supervisor Wiener's effort on the proposed settlement. Leah Potash (Project Sponsor) provided an overview of the settlement and agreed to additional conditions. There were no speakers in support of the project and in opposition to the appeal. Mr. Rochman did not provide a rebuttal. There were no other speakers. The President declared the public hearing closed. HEARD AND FILED 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: 11 - 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: 11 - 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 ### [Page 11](https://sfbos.info/documents/134/2013-09-17-minutes#page-11) 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee COMMITTEE REPORTS Recommendations of the Government Audit and Oversight Committee 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 588 Printed at 1:55 pm on 10/24/13 ### [Page 12](https://sfbos.info/documents/134/2013-09-17-minutes#page-12) Board of Supervisors Meeting Minutes 9/17/2013 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. Walter Paulson; shared in song certain concerns with the Board. Emil Lawrence; expressed various concerns. Douglas Yep; expressed various concerns. Spencer Gosh; expressed concerns relating to the Department of Building Inspection. Dale Seymour; expressed support for Sunday Streets in the Tenderloin. Edmond Juicye; expressed various concerns. John; expressed various religious concerns. Male Speaker; expressed various religious concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 130871 [Frank Rossi, Sr., Day - October 19, 2013] Sponsor: Chiu Resolution declaring October 19, 2013, as Frank Rossi, Sr., Day in the City and County of San Francisco. Resolution No. 333-13 ADOPTED 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 589 Printed at 1:55 pm on 10/24/13 ### [Page 13](https://sfbos.info/documents/134/2013-09-17-minutes#page-13) Board of Supervisors Meeting Minutes 9/17/2013 Severed from the For Adoption Without Committee Reference Agenda Supervisor Breed requested that File No. 130829 be severed so that it may be considered separately. 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: 9 - Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Wiener, Yee Noes: 2 - Farrell, Tang Supervisor Campos requested that File No. 130870 be severed so that it may be considered separately. 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee IMPERATIVE AGENDA There were no items. City and County of San Francisco Page 590 Printed at 1:55 pm on 10/24/13 ### [Page 14](https://sfbos.info/documents/134/2013-09-17-minutes#page-14) Board of Supervisors Meeting Minutes 9/17/2013 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 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 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. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee. 08/23/13; REFERRED TO DEPARTMENT. 08/28/13; RESPONSE RECEIVED. 09/17/13; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. 130883 [Appropriation - Certificates of Participation - Utility Infrastructure System - Treasure Island - $13,500,000 - FY2013-2014] Sponsor: Mayor Ordinance appropriating $13,500,000 of Certificate of Participation proceeds to finance improvements to the Utility Infrastructure System at Treasure Island beginning in FY2013-2014. (Fiscal Impact) 09/17/13; ASSIGNED to Budget and Finance Committee. Resolutions 130884 [Cooperative Agreement Modification - United States Navy - Treasure Island Development Authority] Sponsor: Mayor Resolution approving and authorizing the Treasure Island Development Authority to enter into a Modification of the Cooperative Agreement with the United States Navy to extend the Cooperative Agreement from October 1, 2013, to September 30, 2014. 09/17/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 591 Printed at 1:55 pm on 10/24/13 ### [Page 15](https://sfbos.info/documents/134/2013-09-17-minutes#page-15) Board of Supervisors Meeting Minutes 9/17/2013 130885 [qCertificates of Participation - Treasure Island Improvement Project - Not to Exceed $13,500,000] Sponsor: Mayor Resolution authorizing the execution and delivery of not to exceed $13,500,000 of Certificates of Participation (Certificates) or other forms of indebtedness to finance the cost of additions and improvements to the utility infrastructure at Treasure Island; authorizing the Director of Public Finance to cause the preparation of documents necessary for the execution and delivery of the certificates or other forms of indebtedness, including a Trust Agreement, a Property Lease, a Project Lease, Notice of Sale, Official Notice of Sale, an Official Statement and, if required, a Purchase Contract and such other necessary documents; authorizing the Director of Public Finance to cause the issuance of commercial paper certificates in an amount not to exceed $13,500,000 in anticipation of the issuance of the certificates or other forms of indebtedness; granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of the certificates or other form of indebtedness and the Commercial Paper Certificates; approving modifications to documents and agreements; making California Environmental Quality Act findings, and a General Plan consistency determination; and ratifying previous actions taken in connection therewith. (Fiscal Impact) 09/17/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130886 [Memorandum of Understanding - Treasure Island Development Authority and the Public Utilities Commission - Provision of Utilities Services - Treasure Island and Yerba Buena Island] Sponsor: Mayor Resolution approving a Memorandum of Understanding between the Treasure Island Development Authority and the Public Utilities Commission for the provision of utilities services including the maintenance and operation of utility infrastructure on Treasure Island and Yerba Buena Island to commence follow Board approval and expire September 30, 2014. 09/17/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130887 [Multifamily Housing Revenue Bonds - 1825 Mission Street (Vincentian Villa) - Not to Exceed $15,500,000] Sponsor: Campos 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 (Director) to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $15,500,000 for 1825 Mission Street (Vincentian Villa); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $77,500 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 qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $15,500,000; 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). 09/17/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 592 Printed at 1:55 pm on 10/24/13 ### [Page 16](https://sfbos.info/documents/134/2013-09-17-minutes#page-16) Board of Supervisors Meeting Minutes 9/17/2013 130888 [Authorizing the Office of Economic and Workforce Development to Identify and Recommend Small Businesses - Kiva Zip’s Microlending Platform] Sponsors: Farrell; Campos, Yee, Cohen, Chiu, Breed and Mar Resolution authorizing the Office of Economic and Workforce Development to identify and recommend small businesses on behalf of the City and County of San Francisco for participation in a Microlending Program operated by Kiva Microfunds, a California non-profit public benefit corporation. 09/17/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 130889 [Application Approval - Comprehensive HIV Prevention Programs - $8,001,007] Sponsors: Wiener; Campos Resolution authorizing the Department of Public Health to submit a one-year application for calendar year 2014 to continue receiving funding for the Comprehensive HIV Prevention Programs grant from the Centers for Disease Control and Prevention; and requesting $8,001,007 in HIV prevention funding for San Francisco from January 1, 2014, through December 31, 2014. 09/17/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130890 [Accept and Expend Grant - Safe Routes to School Program - $1,439,000] Sponsors: Yee; Mar Resolution authorizing the Department of Public Health to accept and expend a grant in the amount of $1,439,000 in Federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvements Funds through the Metropolitan Transportation Commission’s Safe Routes to School Grant Program for the period of September 1, 2014, through August 31, 2017; and waiving indirect costs; committing the necessary matching funds; stating assurance to complete the project, and delegating authorization to execute these agreements, and any amendments thereto, to the Director of Public Health. 09/17/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130891 [Constitution and Citizenship Day in San Francisco - September 17, 2013] Sponsors: Chiu; Mar and Campos Resolution commending the San Francisco Pathways to Citizenship Community Collaborative and declaring September 17, 2013, as Constitution Day and Citizenship Day in the City and County of San Francisco. 09/17/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130892 [Urging Support for the Supplemental Nutrition Assistance Program] Sponsors: Mar; Campos Resolution urging local and State officials to support the Supplemental Nutrition Assistance Program and its critical impact on the low-income residents of the City and County of San Francisco. 09/17/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 593 Printed at 1:55 pm on 10/24/13 ### [Page 17](https://sfbos.info/documents/134/2013-09-17-minutes#page-17) Board of Supervisors Meeting Minutes 9/17/2013 Motion 130900 [Concurring in the Revised Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area)] Motion concurring in the September 19, 2013, Revised Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board) Requests for Hearing 130893 [Hearing - Budget and Legislative Analyst Report - Park, Recreation, and Open Space Advisory Committee - Property Acquisition Process for the Open Space Fund] Sponsor: Avalos Hearing to review the Budget and Legislative Analyst Report on the Park, Recreation, and Open Space Advisory Committee; the Open Space Fund property acquisition budget and the Recreation and Park Department's property acquisition process; and the Recreation and Park Department's five-year strategic, capital, and operational plans. 09/17/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 130894 [Hearing - Co-Locating Supportive Housing in Conjunction with the Seismic Replacement of the City's Animal Care and Control Facility] Sponsor: Campos Hearing on the possibility of co-locating supportive housing in conjunction with the seismic replacement of the Animal Care and Control facility for individuals with pets or companion animals who are reluctant to enter shelter when their service animals are not allowed or are kept on separate floors; and discussion on whether supportive housing/shelter or a hybrid could be developed that enables individuals with companion animals and pets to exit homelessness. 09/17/13; RECEIVED AND ASSIGNED to Neighborhood Services and Safety Committee. 130895 [Hearing - Bike Share Launch and Plans for Expansion] Sponsors: Wiener; Mar Hearing, directed to the Municipal Transportation Agency, County Transportation Authority, and Mayor’s Office, on the recent launch and early performance of the Bay Area Bike Share Program in San Francisco and the region; and discussion on near-term plans for expansion, as well as plans and related funding needs for a citywide roll-out. 09/17/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 594 Printed at 1:55 pm on 10/24/13 ### [Page 18](https://sfbos.info/documents/134/2013-09-17-minutes#page-18) Board of Supervisors Meeting Minutes 9/17/2013 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 130854 [Settlement of Lawsuit - Erik Russell - $30,000] Ordinance authorizing settlement of the lawsuit filed by Erik Russell against the City and County of San Francisco for $30,000; the lawsuit was filed on February 24, 2012, in United States District Court, Northern District of California, Case No. 12-CV-00929 JCS; entitled Erik Russell, et al., v. City and County of San Francisco, et al. (City Attorney's Office) 09/05/13; RECEIVED FROM DEPARTMENT. 09/17/13; RECEIVED AND ASSIGNED to Rules Committee. 130855 [Settlement of Lawsuit - E. Lynn Schoenmann - $160,000] Ordinance authorizing settlement of the lawsuit filed by E. Lynn Schoenmann against the City and County of San Francisco for $160,000; the lawsuit was filed on December 10, 2012, in Bankruptcy Court, Case No. 12-32146-HLB; Adv. Proc. No. 12-03170; entitled E. Lynn Schoenmann, Trustee, et al., v. City and County of San Francisco. (City Attorney's Office) 09/05/13; RECEIVED FROM DEPARTMENT. 09/17/13; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTION 130856 [Interconnection Agreement - Pacific Gas and Electric Company - Solar Power Project - 700 Pennsylvania Avenue] Resolution authorizing the Public Utilities Commission's General Manager to enter into a long term interconnection agreement with Pacific Gas and Electric Company, to commence following Board approval, for a Solar Power Project at the Municipal Transportation Agency building located 700 Pennsylvania Avenue, pursuant to Charter, Section 9.118(b). (Public Utilities Commission) 09/09/13; RECEIVED FROM DEPARTMENT. 09/17/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 595 Printed at 1:55 pm on 10/24/13 ### [Page 19](https://sfbos.info/documents/134/2013-09-17-minutes#page-19) Board of Supervisors Meeting Minutes 9/17/2013 In Memoriam Bill Threadgill – Supervisor Malia Cohen ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:55 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 October 22, 2013. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 596 Printed at 1:55 pm on 10/24/13