Board of Supervisors Minutes: September 24, 2013

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. Ordinance No. 200-13 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Yee

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) Supervisor Campos requested to be added as sponsor. Ordinance No. 201-13 FINALLY PASSED by the following vote:

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

Noes: None

Absent: Yee

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. Ordinance No. 202-13 FINALLY PASSED by the following vote:

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

Noes: None

Absent: 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. Ordinance No. 203-13 FINALLY PASSED by the following vote:

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

Noes: None

Absent: 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. Privilege of the floor was granted to Sheriff Ross Mirkarimi who provided some opening remarks relating to the proposed legislation. Supervisor Kim, seconded by Supervisor Cohen, moved that this Ordinance 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

Noes: None

City and County of San Francisco Page 600 Printed at 3:46 pm on 10/30/13 Board of Supervisors Meeting Minutes 9/24/2013 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, except for individuals who have prior conviction for a violent felony within a certain period of time, are currently being charged with a violent felony, and may pose a public safety risk. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

est on tax determinations; adding an underreporting penalty for failure to file a return when tax liability exceeds $5,000; changing the penalty for failure to register or update a registration, making misstatements in a registration, failure to allow inspection or production of records, and failure to file a return; 2) (Tax on Occupancy of Parking Space in Parking Stations) eliminating the prepayment Revenue Control Equipment certification; 3) (Business Registration provisions) requiring a copy of the business registration certificate rather than a business tax registration tag be displayed on company vehicles; eliminating the Tax Collector’s authority to suspend a business registration certificate; 4) (Payroll Expense Tax Ordinance) providing that interest applies to unpaid penalties but not unpaid fees and interest; changing the date that businesses must file an affidavit with the Office of Economic and Workforce Development claiming the Central Market Street and Tenderloin Area Payroll Expense Tax Exclusion; and 5) (Parking Stations, Revenue Control Equipment) specifying the date the Revenue Control Equipment Compliance Fee is due. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Yee

130651 [Memorandum of Unrecorded Grant Agreement - Buena Vista Park Project] Resolution authorizing the Director of Real Estate to record a Memorandum of Unrecorded Grant Agreement against Assessor’s Block No. 2601, Lot No. 001, for the Buena Vista Park Project, pursuant to a Land and Water Conservation Fund Grant Agreement. (Recreation and Park Department) Resolution No. 335-13 ADOPTED by the following vote:

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

Noes: None

Absent: Yee

130826 [Accept and Expend Grant - McLaren Park Connector Trail Project - $186,746] Sponsor: Avalos Resolution retroactively authorizing the Recreation and Park Department to accept and expend a Land and Water Conservation Fund Grant from the California Department of Parks and Recreation in the amount of $186,746 for the McLaren Park Connector Trail Project for the period of September 16, 2011, through June 30, 2014. Resolution No. 336-13 ADOPTED by the following vote:

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

Noes: None

Absent: Yee

130866 [Revenue Bonds - Municipal Transportation Agency - Transportation Related Projects - Not to Exceed $165,000,000] Sponsors: Mayor; Farrell Resolution authorizing the sale, issuance, and execution of not to exceed $165,000,000 aggregate principal amount of revenue bonds by the Municipal Transportation Agency to finance certain transportation related projects, approving the form of certain financing documents including the official statement, the bond purchase contract, the second supplement to indenture of trust, and continuing disclosure certificate; authorizing the taking of appropriate actions in connection therewith; and related matters approving the forms of documents relating thereto; approving the maximum interest thereon; finding that the authorization and issuance of revenue bonds by the agency is not a project under California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code, Chapter 31; and related matters. (Fiscal Impact) Resolution No. 337-13 ADOPTED by the following vote:

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

Noes: None

Absent: Yee

130861 [Appropriation - Municipal Transportation Agency 2013 Series Revenue Bond Proceeds - Transportation Capital Projects and Equipment - $165,000,000 - FY2013-2014] Sponsor: Mayor Ordinance appropriating $165,000,000 of 2013 Series Revenue Bond proceeds to the Municipal Transportation Agency for Transit, Bicycle, Pedestrian, and Parking Garage Projects and Equipment in FY2013-2014. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Yee

130602 [Board Response - Civil Grand Jury Report - "Are the Wheels Moving Forward? A Follow-Up to the 2009-2010 Civil Grand Jury Report Sharing the Roadway: From Confrontation to Conversation"] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2012-2013 Civil Grand Jury Report entitled “Are the Wheels Moving Forward? A Follow-Up to the 2009-2010 Civil Grand Jury Report Sharing the Roadway: From Confrontation to Conversation” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 338-13 ADOPTED by the following vote:

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

Noes: None

Absent: Yee

130604 [Board Response - Civil Grand Jury Report - "Optimizing the Use of Publicly-Owned Real Estate: Achieving Transparency, Momentum, and Accountability"] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2012-2013 Civil Grand Jury Report entitled “Optimizing the Use of Publicly-Owned Real Estate: Achieving Transparency, Momentum, and Accountability” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 339-13 ADOPTED by the following vote:

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

Noes: None

Absent: Yee

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. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Yee

130805 [Public Hearing - Appeal of Determination of Exemption from Environmental Review - 435-437 Potrero Avenue] Hearing of persons interested in or objecting to the Planning Commission’s determination dated July 11, 2013, that the project located at 435-437 Potrero Avenue, Assessor’s Block No. 3974, Lot No. 022 is exempt from environmental review under Class 1 of the California Environmental Quality Act (CEQA) Guidelines as a minor alteration to an existing facility; the proposed work involves establishment of an internet services exchange to occupy the entirety of an existing 10,000 square foot building. (District 10) (Appellant: Mica I. Ringel) (Filed August 12, 2013). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to October 1, 2013. The motion carried by the following vote:

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

Noes: None

130806 [Affirming the Exemption Determination - 435-437 Potrero Avenue] Motion affirming the determination by the Planning Commission that a project located at 435-437 Potrero Avenue is exempt from environmental review. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 1, 2013. The motion carried by the following vote:

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

Noes: None

130807 [Reversing the Exemption Determination - 435-437 Potrero Avenue] Motion reversing the determination by the Planning Commission that a project located at 435-437 Potrero Avenue is exempt from environmental review. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 1, 2013. The motion carried by the following vote:

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

Noes: None

130808 [Preparation of Findings to Reverse the Exemption Determination - 435-437 Potrero Avenue] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Commission that a project located at 435-437 Potrero Avenue is exempt from environmental review. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 1, 2013. The motion carried by the following vote:

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

Noes: None

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) Motion No. M13-116 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

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. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 341-13 ADOPTED by the following vote:

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

Noes: None