Board of Supervisors Minutes: November 19, 2013

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) Ordinance No. 267-13 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

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. Privilege of the floor was granted to Sarah Ballard (Recreation and Park Department), who responded to questions raised throughout the discussion. Ordinance No. 265-13 FINALLY PASSED by the following vote:

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

Noes: Avalos, Breed, Campos, Kim, Mar

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. Ordinance No. 264-13 FINALLY PASSED 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 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. Ordinance No. 266-13 FINALLY PASSED 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 Chiu requested to be added as a co-sponsor. Ordinance No. 268-13 FINALLY PASSED by the following vote:

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

Noes: None

ornia 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 Jason Elliott (Mayor's Office), Trent Rhorer, Executive Director (Human Services Agency), and Jon Givner (City Attorney's Office), who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Breed, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, and Supervisor Kim requested the amendments be tak en through seriatim consideration pursuant to Rule 5.32 of the Rules of Order of the Board of Supervisors. AMENDED on Page 2, Lines 5-7, by adding 'WHEREAS, The Board of Supervisors recognizes that 2115 Jennings Street is not currently zoned to permit a homeless shelter and will need to approve a rezoning of the property prior to the proposed shelter being constructed; and'. The motion carried by the following vote:

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

Noes: Cohen

Supervisor Cohen, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

AMENDED on Page 1, Lines 5-7, by adding 'WHEREAS, The Board of Supervisors recognizes that 2115 Jennings Street is not currently zoned to permit a homeless shelter and will need to approve a rezoning of the property prior to the proposed shelter being constructed; and', by the following vote:

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

Noes: None

AMENDED on Page 2 Lines 8-12, by adding 'WHEREAS, The Board of Supervisors recognizes that 2115 Jennings Street is within one half mile of a public park and pool where children congregate and requests that the Adult Probation Department enforce the State law and regulations that would prohibit registered sex offenders from residing at the shelter. Nothing in this clause imposes any additional obligations on the Human Services Agency; now, therefore, be it', by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener

Noes: Avalos, Campos, Kim, Yee

AMENDED on Page 2, Lines 15-23, by adding 'FURTHER RESOLVED, That the Board of Supervisors urges the Human Services Agency to establish a community advisory committee to provide feedback and guidance on the operation of the shelter; and, be it FURTHER RESOLVED, That the Board of Supervisors urges the Human Services Agency to evaluate strategies for providing security services and other public safety improvements at the shelter site; and, be it FURTHER RESOLVED, That if the facility ultimately is built, the Human Services Agency will provide the Board of Supervisors with an update on the operations of the shelter within one year of the shelter opening; and, be it', by the following vote:

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

Noes: None

Resolution No. 408-13 ADOPTED AS AMENDED by the following vote:

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

Noes: Cohen, Tang

130629 [Supporting the Health Service System to Establish Full Quality and Cost Transparency in the Public Interest] Sponsors: Farrell; Chiu, Campos, Mar and Tang Resolution supporting the Health Service System for participating in the establishment of multi-payer databases that can be used to evaluate and improve the quality and cost of care and resolving to pass legislation to establish full quality and cost transparency in the public interest. Resolution No. 400-13 ADOPTED by the following vote:

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

Noes: None

130797 [Contract Amendment - Dominion Voting Systems, Inc. - Not to Exceed $19,690,933.25] Ordinance authorizing the Department of Elections to enter into the third amendment of an agreement with Dominion Voting Systems, Inc., to commence following Board approval, to extend the term of the agreement through December 10, 2016, increasing the total not-to-exceed amount of the agreement by $3,645,900 from $16,045,033.25 to $19,690,933.25. (Elections Department) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

130860 [Appropriation - Parking Garage Revenue and Expenditure - $13,786,681 - FY2013-2014] Sponsor: Mayor Ordinance appropriating $13,786,681 of parking garage revenue and expenditures to the Municipal Transportation Agency, consisting of $8,513,825 for the 5th and Mission Parking Garage and $5,272,856 for the Ellis-O’Farrell Parking Garage, in order to support the Department’s projected revenue and expenditure increases. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130962 [Contract Modification - S & S Trucking Corporation - Estimated Cumulative Value of $13,500,000] Resolution extending an agreement between the City and County of San Francisco and S & S Trucking Corporation from December 20, 2013, through December 19, 2015, and increasing the estimated cumulative contract amount from $9,000,000 to $13,500,000 for hauling biosolids (sludge) and grit, pursuant to Charter, Section 9.118(b). (Public Utilities Commission) Resolution No. 406-13 ADOPTED by the following vote:

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

Noes: None

131031 [Business and Tax Regulations Code - Business Tax Installment Payments; Combined Reporting; Special Assessments] Sponsor: Chiu Ordinance amending the Business and Tax Regulations Code to provide additional penalty relief for payroll expense tax and gross receipts tax payments; to require combined reporting of the payroll expense tax by related taxpayers; and to clarify that fees and special assessments are administered according to the common administrative provisions applicable to other business taxes. PASSED, ON FIRST READING by the following vote:

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

Noes: None

131035 [Real Property Purchase and Sale Agreement - 201-229 Eddy Street - $4,200,000] Sponsors: Avalos; Kim and Campos Resolution authorizing the execution and performance of an Agreement of Purchase and Sale for Real Estate between the City and County of San Francisco and Tenderloin Neighborhood Development Corporation, a California nonprofit public benefit corporation, for the purchase of real property located at 201-229 Eddy Street, San Francisco, in the amount of $4,200,000 for the rehabilitation of 105 units of affordable housing for low and very low income persons; authorizing the execution and performance of a Ground Lease between the City and County of San Francisco and Franciscan Towers Associates L.P., a California limited partnership, for a term of 75 years, to commence following Board approval, at an annual rate of $420,000; adopting findings under the California Environmental Quality Act; and adopting findings that the conveyance is consistent with the City's General Plan, and eight priority policies of City Planning Code, Section 101.1. (Fiscal Impact) Supervisor Campos requested to be added as a co-sponsor. Resolution No. 409-13 ADOPTED by the following vote:

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

Noes: None

ily Housing - 201 Turk Street - Not to Exceed $22,000,000] Sponsors: Chiu; Kim and Campos Resolution authorizing the execution, sale, and delivery of a multifamily housing revenue note in an aggregate principal amount not to exceed $22,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 175-unit affordable multifamily residential rental housing project known as Tenderloin Family Housing; approving the form of and authorizing the execution of a funding loan agreement and a borrower loan agreement; providing the terms and conditions of the note and authorizing the execution and delivery thereof; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; granting general authority to City officials to take actions necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the note and the Project (as defined herein). Supervisor Campos requested to be added as a co-sponsor. Resolution No. 399-13 ADOPTED by the following vote:

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

Noes: None

130801 [Contract Amendment - Global Tel*Link - Inmate Telephone Services - $3,000,000] Resolution retroactively authorizing the Sheriff’s Department to amend the existing contract with Global*TelLink for inmate telephone services from June 1, 2010, to May 31, 2013, to June 1, 2010, to May 31, 2014, with an additional one-year option to extend the term remaining, which will result in an anticipated commission to the Inmate Welfare Fund of more than $3,000,000 over the four-year contract term. (Sheriff) Privilege of the floor was granted to Harvey Rose (Budget and Legislative Analyst), and Ben Rosenfield (City Controller), who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to December 10, 2013. The motion carried by the following vote:

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

Noes: None

131036 [Real Property Lease Renewal - AIM TWO - 755 and 759 South Van Ness Avenue - $2,130,628] Sponsor: Campos Resolution authorizing the lease renewal of approximately 13,545 square feet of space at 755 and 759 South Van Ness Ave., San Francisco, with AIM TWO, as Landlord, for use by the Department of Public Health at the monthly cost of $38,738.70 for an initial term of four years and seven months for an approximate total of $2,130,628 to commence following Board approval, including an additional 3,675 square feet parking area at no further cost. (Fiscal Impact) Resolution No. 410-13 ADOPTED by the following vote:

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

Noes: None

131070 [Accept and Expend Grant - Hepatitis B Early Identification and Linkage to Care for Foreign-Born Persons with Hepatitis B - $300,000] Sponsors: Wiener; Mar, Chiu, Cohen and Campos Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $300,000 from Centers for Disease Control and Prevention to participate in a program entitled Hepatitis B Early Identification and Linkage to Care for Foreign-Born Persons with Hepatitis B in San Francisco for the period of September 30, 2013, through September 29, 2014. Supervisors Chiu, Cohen, and Campos requested to be added as co-sponsors. Resolution No. 411-13 ADOPTED by the following vote:

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

Noes: None

131071 [Accept and Expend Grant - Library Programs - Friends of Public Library - Up to $720,000 - FY2013-2014] Sponsor: Yee Resolution retroactively authorizing the Department of Public Library to accept and expend a grant in the amount of up to $720,000 of in-kind gifts, services, and cash monies from the Friends of Public Library for direct support for a variety of public programs and services for the period of July 1, 2013, through June 30, 2014. Resolution No. 412-13 ADOPTED by the following vote:

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

Noes: None

130849 [Liquor License - 550 Montgomery Street] Resolution determining that the issuance of a Type-21 off-sale general license to Daniel Kramer for On the Fly, Inc., dba Wingtip, located at 550 Montgomery Street (District 3), 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. 401-13 ADOPTED by the following vote:

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

Noes: None

131017 [Approving Reappointment, Entertainment Commission - Al Perez ] Motion approving the Mayor’s nomination for reappointment of Al Perez, term ending July 1, 2017, to the Entertainment Commission. (Clerk of the Board) (Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - 9/24/13.) APPROVED by the following vote: Ayes: 11 – Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Farrell, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 – Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Motion No. M13-148 APPROVED 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 744 Printed at 4:40 pm on 1/9/14 Board of Supervisors Meeting Minutes 11/19/2013 Supervisor Mar Excused from Voting Supervisor Farrell, seconded by Supervisor Campos, moved that Supervisor Mar be excused from voting on File No. 131019. The motion carried by the following vote:

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

Noes: None

Excused: Mar

131019 [Reappointment, California State Association of Counties - Supervisor Eric Mar] Motion reappointing Supervisor Eric Mar, term ending November 28, 2014, to the California State Association of Counties Board of Directors. (Clerk of the Board) Motion No. M13-149 APPROVED by the following vote:

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

Noes: None

Excused: Mar

131051 [Confirming Appointment, City Hall Preservation Advisory Commission - Patrick Carney] Motion confirming the Mayor's appointment of Patrick Carney, term ending January 13, 2016, to the City Hall Preservation Advisory Commission. (Mayor) Motion No. M13-150 APPROVED by the following vote:

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

Noes: None

130951 [Denying Appeal for Waiver, Adjustment or Reduction of Condominium Conversion Fee - 273A-29th Street] Motion denying the appeal seeking a waiver, adjustment or reduction of the condominium conversion fee in Subdivision Code, Section 1396.4(j), for 273A-29th Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to a Special Order at 3:00 p.m. on November 26, 2013. The motion carried by the following vote:

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

Noes: None

130952 [Approving Waiver, Adjustment or Reduction of Condominium Conversion Fee - 273A-29th Street] Motion approving a waiver, adjustment or reduction of the condominium conversion fee in Subdivision Code, Section 1396.4(j), for 273A-29th Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to a Special Order at 3:00 p.m. on November 26, 2013. The motion carried by the following vote:

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

Noes: None

130953 [Preparation of Findings Related to the Appeal for Waiver, Adjustment or Reduction of Condominium Conversion Fee - 273A-29th Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to approve a waiver, adjustment or reduction of the condominium conversion fee in Subdivision Code, Section 1396.4(j), for 273A-29th Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to a Special Order at 3:00 p.m. on November 26, 2013. The motion carried by the following vote:

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

Noes: None

131097 [Final Map 7437 - 246 Ritch Street] Motion approving Final Map 7437, a 19 Residential Unit and one Commercial Unit, Mixed-Use Condominium Project, located at 246 Ritch Street being a subdivision of Assessor’s Block No. 3776, Lot No. 092, and adopting findings pursuant to the General Plan and City Planning Code, Section 101.1. (Public Works Department) Motion No. M13-154 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Cohen, Farrell