Board of Supervisors Minutes: November 5, 2013

130814 [Public Works Code - Control of Construction Site Runoff] Ordinance amending the Public Works Code to protect water quality by controlling the discharge of sediment or other construction pollutants from construction sites and preventing erosion and sedimentation due to construction activities; and making environmental findings. (Public Utilities Commission) Ordinance No. 260-13 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

130940 [Contract Agreement - IPS Group, Inc. - Award of Single -Space Parking Meter Procurement and Support Services - Not to Exceed $51,200,000] Sponsor: Avalos Resolution authorizing the Municipal Transportation Agency to enter into an agreement with IPS Group, Inc., for the procurement of single-space parking meters and support services, for an amount not to exceed $54,000,000 and for a term of five years, to commence following Board approval, with the option to extend the contract for up to two additional years. (Fiscal Impact) (Supervisor Farrell dissented in Committee.) Supervisor Avalos, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to November 26, 2013. The motion carried by the following vote:

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

Noes: None

130766 [Park Code - Hours of Operation for City Parks] Sponsors: Wiener; Farrell and Cohen Ordinance amending the Park Code to establish hours of operation for City parks from 5:00 a.m. to midnight, with certain exceptions; and making environmental findings. (Supervisor Kim dissented in Committee) Supervisor Yee, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Supervisor Cohen requested to be added as a co-sponsor. Privilege of the floor was granted to Phil Ginsberg, Director (Recreation and Park Department), who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Privilege of the floor was granted to Chief Greg Suhr (Police Department), who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Privilege of the floor was granted to Phil Ginsberg, Director (Recreation and Park Department), and Chief Greg Suhr (Police Department), who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Breed, Campos, Kim, Mar

130799 [Administrative Code - Airport Capital Improvement Promotion and Event Fund] Ordinance amending the Administrative Code, Section 10.100-18, to establish a special fund to receive donations and authorize expenditures for the purpose of holding events to promote the opening of major capital improvement projects at the San Francisco International Airport; and deleting obsolete provisions. (Airport Commission) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

130937 [Administrative Code - Film Production Daily Use Fees; Film Rebate Program] Sponsors: Farrell; Campos and Chiu Ordinance amending the Administrative Code to reduce the daily use fee for film productions with budgets less than $100,000 from $100 per day to $50 per day; expand the definition of film productions and low-budget film productions eligible for the Film Rebate Program to include episodes of a web series; and extend the Film Rebate Program expiration date from June 30, 2014, to June 30, 2015, and correspondingly increase the current funding cap from $2,000,000 to $3,000,000 subject to annual appropriation; and making environmental findings. (Fiscal Impact) Supervisor Campos requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Yee

130960 [Support Goals for Federal Funding - Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Programs - FY2014-2015] Sponsor: Chiu Resolution supporting the FY2014-2015 Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Consolidated Plan Goals. (Mayor's Office of Housing) Supervisor Chiu requested to be added as sponsor. Resolution No. 393-13 ADOPTED by the following vote:

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

Noes: None

131034 [Forgivable Loan Agreement - California Department of Housing and Community Development - 2115 Jennings Street - $978,000] Sponsor: Mayor Resolution authorizing the Human Services Agency to enter into a $978,000 forgivable loan agreement from the California Department of Housing and Community Development to renovate the leased premises at 2115 Jennings Street for use as a 100 bed homeless shelter. Privilege of the floor was granted to Dave Curto (Human Services Agency), who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to November 19, 2013. The motion carried by the following vote:

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

Noes: None

131038 [Lease - 1995 Evans Street - $1,190,000] Sponsor: Cohen Resolution retroactively authorizing the lease of 1995 Evans Street from Claire A. Spencer, surviving trustee of Spencer Living Trust, for various Departments to use as a storage for the period of August 1, 2013, through December 31, 2014, for the initial base rental rate of $70,000 a month for an approximate total of $1,190,000 with one two-year option to extend the lease and option to purchase the property. (Fiscal Impact) Resolution No. 390-13 ADOPTED by the following vote:

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

Noes: None

130400 [Health Code - Massage Practitioners] Ordinance amending the Health Code to exempt massage practitioners who are certified by the California Massage Therapy Council (CAMTC) and massage establishments that employ only CAMTC-certified massage practitioners from requirements for obtaining a permit from the San Francisco Health Department; require massage establishments that employ only CAMTC-certified massage practitioners to pay an annual license fee; increasing the licensing fees for all establishments and practitioners; and making environmental findings. (Public Health Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

130789 [Health Code - Licensing and Regulations of Massage Establishments and Practitioners] Sponsors: Tang; Chiu, Kim, Yee and Farrell Ordinance amending the Health Code to require massage practitioners, licensed by San Francisco, to wear photo identification cards when working; deny Massage Establishment permits to applicants convicted of specified crimes; to provide an appeal process for persons denied a Massage Establishment permit; to establish health and safety requirements for all Massage Establishments; to establish penalties for violations of Article 29 governing Massage Practitioners and Massage Establishments; to require notice of violations be sent to the owner(s) of property where Massage Establishments are located; and making environmental findings. Supervisor Tang, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Supervisor Tang, seconded by Supervisor Yee, 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

Ordinance amending the Health Code to require massage establishments to post the photo identification cards of all practitioners licensed by San Francisco working at the establishment; deny Massage Establishment permits to applicants convicted of specified crimes; provide an appeal process for persons denied a Massage Establishment permit; establish health and safety requirements for all Massage Establishments; establish penalties for violations of Article 29 governing Massage Practitioners and Massage Establishments; require notice of violations be sent to the owner(s) of property where Massage Establishments are located; and making environmental findings. Supervisor Farrell requested to be added as a co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

130610 [Board Response - Civil Grand Jury Report - "Use of Nonprofit Community-Based Organizations: Measuring Outcomes"] 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 “Use of Nonprofit Community-Based Organizations: Measuring Outcomes” and urging the Mayor to cause the implementation of accepted findings and recommendations through his department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 394-13 ADOPTED by the following vote:

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

Noes: None

130549 [Planning Code - Controller’s Reports] Sponsor: Mayor Ordinance amending the Planning Code to modify when the Controller is required to issue various reports; and making environmental findings, and findings of consistency with the General Plan. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130084 [Planning Code, Zoning Map - Establishing the Excelsior Outer Mission Street Neighborhood Commercial District] Sponsor: Avalos Ordinance amending the Planning Code to establish the Excelsior Outer Mission Street Neighborhood Commercial District (NCD) along Mission Street between Alemany Boulevard and the San Francisco-San Mateo County line; repealing the Excelsior Alcohol Restricted Use District and adding controls on liquor establishments to the new NCD; amending various sections to make conforming and other technical changes; amending the Zoning Map to rezone specified properties to the new NCD; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130734 [Administrative Code - Planning Commission Review of Medical Cannabis Dispensary Location Regulations] Sponsors: Avalos; Cohen Ordinance amending the Administrative Code, by adding Section 2A.54, to direct the Planning Commission to prepare and submit a report to the Board of Supervisors evaluating the provisions of the Planning Code related to the location of medical cannabis dispensaries. Supervisor Campos, seconded by Supervisor Kim, moved that this Ordinance be AMENDED on Page 2, Line 11, by changing 'January 1, 2014', to 'May 1, 2014'. The motion carried by the following vote:

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

Noes: None

Supervisor Cohen requested to be added as a co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

130897 [Affirming the Approval of a Final Mitigated Negative Declaration - 1050 Valencia Street] Motion affirming the approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act by the Planning Commission for a project located at 1050 Valencia Street. (Clerk of the Board) Motion No. M13-138 Supervisor Wiener, seconded by Supervisor Breed, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Breed, Chiu, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Cohen, Kim, Mar

130898 [Reversing the Approval of a Final Mitigated Negative Declaration - 1050 Valencia Street] Motion reversing the approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act by the Planning Commission for a project located at 1050 Valencia Street. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Breed, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Chiu, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Cohen, Kim, Mar

130899 [Preparation of Findings to Reverse the Approval of a Final Mitigated Negative Declaration - 1050 Valencia Street] Motion directing the Clerk of the Board to prepare findings reversing the approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act by the Planning Commission for a project located at 1050 Valencia Street. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Breed, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Chiu, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Cohen, Kim, Mar

Supervisor Tang was noted absent at 7:55 p.m. for the remainder of the meeting. Supervisor Tang Excused from Voting Supervisor Farrell, seconded by Supervisor Breed, moved that Supervisor Tang be excused from voting for the remainder of the meeting. The motion carried by the following vote:

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

Noes: None

Excused: Tang

131025 [Approving Planning Commission’s Decision Related to the Conditional Use Authorization - 725 Taraval Street] Motion approving decision of the Planning Commission by its Motion No. 18972, approving Conditional Use Authorization identified as Planning Case No. 2012.0648C on property located at 725 Taraval Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M13-139 Supervisor Yee, seconded by Supervisor Breed, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Excused: Tang

131026 [Disapproving Planning Commission’s Decision Related to the Conditional Use Authorization - 725 Taraval Street] Motion disapproving decision of the Planning Commission in Motion No. 18972 to approve Conditional Use Authorization identified as Planning Case No. 2012.0648C on property located at 725 Taraval Street. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Breed, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Tang

131027 [Preparation of Findings Related to the Conditional Use Authorization - 725 Taraval Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2012.0648C on property located at 725 Taraval Street. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Breed, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Tang

131042 [Park, Recreation, and Open Space Advisory Committee - Membership List] Sponsors: Yee; Mar Resolution approving and modifying the Recreation and Park Commission’s list of recommended organizations for membership in the Park, Recreation, and Open Space Advisory Committee. Supervisor Mar requested to be added as a co-sponsor. Supervisor Yee, seconded by Supervisor Mar, moved that this Resolution be AMENDED, by adding 'Friends of Larsen Park, Friends of West Sunset Playground.' The motion carried by the following vote:

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

Noes: None

Excused: Tang

Supervisor Cohen, seconded by Supervisor Yee, moved that this Resolution be AMENDED, by adding 'Parks 94124.' The motion carried by the following vote:

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

Noes: None

Excused: Tang

Supervisor Kim, seconded by Supervisor Mar, moved that this Resolution be AMENDED, by adding 'Friends of Boeddeker Park, Friends of Victoria Manalo Draves Park & Gene Friend Rec Center, South Park Improvement Association, District 6 Open Space Task Force, and Yerba Buena Neighborhood Alliance.' The motion carried by the following vote:

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

Noes: None

Excused: Tang

Resolution No. 391-13 ADOPTED AS AMENDED by the following vote:

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

Noes: None

Excused: Tang

131076 [Board of Supervisors Regular Meeting Schedule - 2014] Motion establishing the 2014 Board of Supervisors Regular Meeting Schedule by canceling the Board meetings of January 21, February 18, May 27, July 1, October 14, and November 11, December 2; and by further canceling all Board and Committee meetings during the summer and winter breaks from July 30 through August 29, and December 17 through December 31. (Clerk of the Board) Motion No. M13-141 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Tang