# Board of Supervisors Minutes: November 19, 2013 - Meeting date: 2013-11-19 - Document type: minutes - Pages in official PDF: 26 - [Canonical HTML transcript](https://sfbos.info/documents/148/2013-11-19-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=274908&GUID=B27886E7-20E4-4AFA-9113-445FA5D8DC0D) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 130549: Planning Code - Controller’s Reports - Pages: 2-3 ### File 130878: Street Encroachment - Sanjay Dani - Reed Street to Access a New Garage - 45 Priest Street - Pages: 3 ### File 130084: Planning Code, Zoning Map - Establishing the Excelsior Outer Mission Street Neighborhood Commercial District - Pages: 3 ### File 120575: Appointment, Commission on the Aging Advisory Council - Ken Prag - Pages: 3 ### File 130948: Appointment, Lesbian, Gay, Bisexual, and Transgender (LGBT) Seniors Task Force - G. Joyce Pierson - Pages: 3-4 ### File 130955: Settlement of Administrative Enforcement Action - San Francisco Bay Regional Water Quality Control Board - $608,310 - Pages: 4 ### File 130956: Settlement of Lawsuit - Carlos Hutcherson, et al. - $125,000 - Pages: 4 ### File 130957: Settlement of Administrative Enforcement Acton - San Francisco Bay Regional Water Quality Control Board - $69,000 - Pages: 4 ### File 130958: Settlement of Administrative Enforcement Action - Central Valley Regional Water Quality Control Board - $1,000,000 - Pages: 4 ### File 130959: Settlement of Claim - Adam Holm - $50,000 - Pages: 4 ### File 131013: Settlement of Lawsuits - Zeno Zimmerman - $145,000 - Pages: 4-5 ### File 131014: Settlement of Lawsuit - Calkin, et al. - $862,500 - Pages: 5 ### File 131033: California Code of Civil Procedure, Section 998 - Offer to Compromise to Defendants - Anshen and Allen, Architects Inc. - Pages: 5 ### File 131030: Appointments, Airport Facilities Naming Advisory Committee - Jon Ballesteros and Maggie Weiland - Pages: 5 ### File 131047: Appointments, Assessment Appeals Board No. 1 - Jeffrey Morris and Eugene Valla - Pages: 5 ### File 131048: Appointments, Assessment Appeals Board No. 2 - John Lee, Mervin Conlan, and Alfredo Perez - Pages: 5-6 ### File 131049: Appointments, Assessment Appeals Board No. 3 - Yosef Tahbazof, Kristine Nelson, Shawn Ridgell, and Angela Cheung, - Pages: 6 ### File 130400: Health Code - Massage Practitioners - Pages: 6 ### File 130799: Administrative Code - Airport Capital Improvement Promotion and Event Fund - Pages: 6-7 - Vote 1: final-passage, likely final - Action: 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 ### File 130766: Park Code - Hours of Operation for City Parks - Pages: 7 - Vote 1: final-passage, likely final - Action: 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 ### File 130734: Administrative Code - Planning Commission Review of Medical Cannabis Dispensary Location Regulations - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 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 ### File 130789: Health Code - Licensing and Regulations of Massage Establishments and Practitioners - Pages: 8 - Vote 1: final-passage, likely final - Action: 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 ### File 130937: Administrative Code - Film Production Daily Use Fees; Film Rebate Program - Pages: 8-9 - Vote 1: final-passage, likely final - Action: 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 ### File 131034: Forgivable Loan Agreement - California Department of Housing and Community Development - 2115 Jennings Street - $978,000 - Pages: 9-10 - Vote 1: amendment - Action: 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 - Vote 2: rescission - Action: 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 - Vote 3: amendment - Action: 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 - Vote 4: amendment - Action: 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 - Vote 5: amendment - Action: 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 - Vote 6: adoption, likely final - Action: Resolution No. 408-13 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Farrell, Kim, Mar, Wiener, Yee - Noes: Cohen, Tang ### File 130629: Supporting the Health Service System to Establish Full Quality and Cost Transparency in the Public Interest - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 130797: Contract Amendment - Dominion Voting Systems, Inc. - Not to Exceed $19,690,933.25 - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 130860: Appropriation - Parking Garage Revenue and Expenditure - $13,786,681 - FY2013-2014 - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 130962: Contract Modification - S & S Trucking Corporation - Estimated Cumulative Value of $13,500,000 - Pages: 10-11 - Vote 1: adoption, likely final - Action: 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 ### File 131031: Business and Tax Regulations Code - Business Tax Installment Payments; Combined Reporting; Special Assessments - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 131035: Real Property Purchase and Sale Agreement - 201-229 Eddy Street - $4,200,000 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 131037: Multifamily Housing Revenue Note - Tenderloin Family Housing - 201 Turk Street - Not to Exceed $22,000,000 - Pages: 11-12 - Vote 1: adoption, likely final - Action: 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 ### File 130801: Contract Amendment - Global Tel*Link - Inmate Telephone Services - $3,000,000 - Pages: 12 - Vote 1: continuance - Action: 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 ### File 131036: Real Property Lease Renewal - AIM TWO - 755 and 759 South Van Ness Avenue - $2,130,628 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 131070: Accept and Expend Grant - Hepatitis B Early Identification and Linkage to Care for Foreign-Born Persons with Hepatitis B - $300,000 - Pages: 12-13 - Vote 1: adoption, likely final - Action: 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 ### File 131071: Accept and Expend Grant - Library Programs - Friends of Public Library - Up to $720,000 - FY2013-2014 - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 130849: Liquor License - 550 Montgomery Street - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 131017: Approving Reappointment, Entertainment Commission - Al Perez - Pages: 13-14 - Vote 1: approval, likely final - Action: 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 - Vote 2: other - Action: 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 - Excused: Mar ### File 131019: Reappointment, California State Association of Counties - Supervisor Eric Mar - Pages: 14 - Vote 1: approval, likely final - Action: 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 - Excused: Mar ### File 131051: Confirming Appointment, City Hall Preservation Advisory Commission - Patrick Carney - Pages: 14-15 - Vote 1: approval, likely final - Action: 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 ### File 130950: Public Hearing - Appeal of Application of Condominium Conversion Fee - 273A-29th Street - Pages: 15-16 ### File 130951: Denying Appeal for Waiver, Adjustment or Reduction of Condominium Conversion Fee - 273A-29th Street - Pages: 16 - Vote 1: continuance - Action: 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 ### File 130952: Approving Waiver, Adjustment or Reduction of Condominium Conversion Fee - 273A-29th Street - Pages: 16 - Vote 1: continuance - Action: 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 ### File 130953: Preparation of Findings Related to the Appeal for Waiver, Adjustment or Reduction of Condominium Conversion Fee - 273A-29th Street - Pages: 16 - Vote 1: continuance - Action: 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 ### File 131016: Buck Delventhal Day - November 20, 2013 - Pages: 17 ### File 131104: Concurring in the Continuation of the Revised Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area) - Pages: 17 ### File 131081: Final Map 4556 - 277 Golden Gate Avenue - Pages: 17 ### File 131082: Final Map 7543 - 3418-26th Street - Pages: 17-18 ### File 131097: Final Map 7437 - 246 Ritch Street - Pages: 18 - Vote 1: approval, likely final - Action: 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 - Absent: Cohen, Farrell ### File 131117: Municipal Transportation Agency (MTA): Equity Analysis, Supplemental Appropriation to the Transportation Fund, MTA Inspector General, Limits on Fare Increases, Free Muni for Youth, Transit Impact Fee - Pages: 18-19 ### File 131118: Planning Code - Landmark Designation - 1712-1716 Fillmore Street (aka Marcus Books and Jimbo’s Bop City) - Pages: 19 ### File 131119: Transportation Code - Inoperable/Broken Parking Meter Time Limits - Pages: 19 ### File 131120: Planning Code, Zoning Map - Broadway Alcohol Restricted Use District - Pages: 19 ### File 131121: Planning Code - Amending the Third Street Alcohol Restricted Use District - Pages: 19 ### File 131122: Administrative Code - Retiree Health Care Trust Fund - Pages: 19-20 ### File 131123: Appropriation - Transit Center District Funds and Transportation Development Impact Fees - FY2013-2014 - $4,388,000 - Pages: 20 ### File 131068: Interim Zoning - Building Permits for Commercial Uses in an Area Bounded by Market, Second, Brannan, Division, and South Van Ness Streets - Pages: 20 ### File 131125: Accept and Expend Grant - Dislocated Worker Additional Assistance - $902,465 - Pages: 20-21 ### File 131126: Transfer of Real Property - McAllister Street and Ash Alley - $4,584,000 - Pages: 21 ### File 131127: Amendment - San Francisco Tourism Improvement District Management District Plan - Pages: 21 ### File 131128: Amendment - Moscone Expansion District Management District Plan - Pages: 21 ### File 131129: Accept and Expend Grant - Infill Infrastructure - $5,661,107 - Pages: 21 ### File 131130: California Constitution Appropriations Limit - FY2013-2014 - Pages: 21-22 ### File 131131: Street Encroachment - Operator Convenience Facilities - Terminus of Muni Transit Lines - Pages: 22 ### File 131132: Supporting Assembly Bill 1266 - The School Success and Opportunity Act - Pages: 22 ### File 131133: Declaration of Election Results of the November 5, 2013, Municipal Election - Pages: 22 ### File 131134: Supporting Senate Bill 316 and House Bill 630 - Postal Service Protection Act of 2013 - Pages: 22 ### File 131135: City Typhoon Relief Fund - Pages: 22 ### File 131136: Supporting the Secure Our Smartphone Initiative - Pages: 22-23 ### File 131124: Initiative Ordinance - Business and Tax Regulations Code - Tax on Sugar-Sweetened Beverages to Fund Food and Health Programs - Pages: 23 ### File 131137: Hearing - Compliance with Senate Bill 7 - Charter Cities to Comply with Certain Prevailing Wage Laws - Pages: 23 ### File 131138: Hearing - Roadwork and Infrastructure Oversight - Pages: 23-24 ### File 131078: Settlement of Lawsuit - Yekaterina Gayza - $50,000 - Pages: 24 ### File 131079: Settlement of Claim - Pacific Gas and Electric Company - $35,000 - Pages: 24 ### File 131080: Prevailing Wage Rates - Various Workers Performing Work Under City Contracts - Pages: 24-25 ### File 131098: Lease - Airport Amenities and Business Services - $1,260,000 - Pages: 25-26 ## Extracted text ### [Page 1](https://sfbos.info/documents/148/2013-11-19-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, November 19, 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, M ar, Avalos 10:30 AM City and S chool District S elect Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners M endoza-M cDonnell, 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 M onday Supervisors Wiener, Kim, Chiu 1:30 PM Neighborhood S ervices and S afety Committee 1st and 3rd Thursday Supervisors Campos, M ar, Yee 10:00 AM Rules Committee 1st and 3rd Thursday Supervisors Yee, Breed, Cohen 1:30 PM Volume 108 Number 35 ### [Page 2](https://sfbos.info/documents/148/2013-11-19-minutes#page-2) Board of Supervisors Meeting Minutes 11/19/2013 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, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Cohen, seconded by Supervisor Mar, moved to approve the Board Meeting Minutes of October 8, 2013. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Land Use and Economic Development Committee 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. Ordinance No. 263-13 FINALLY PASSED City and County of San Francisco Page 733 Printed at 4:40 pm on 1/9/14 ### [Page 3](https://sfbos.info/documents/148/2013-11-19-minutes#page-3) Board of Supervisors Meeting Minutes 11/19/2013 130878 [Street Encroachment - Sanjay Dani - Reed Street to Access a New Garage - 45 Priest Street] Resolution granting revocable permission to Sanjay Dani to occupy a portion of the public right-of-way on Reed Street, an existing unaccepted public right-of-way, to extend the existing roadway by approximately 20 feet, and construct a concrete driveway ramp from the edge of an existing garage at 44 Reed Street to provide access to a proposed new garage at the Reed Street frontage of 45 Priest Street, conditioned upon the payment of an annual assessment fee; and making environmental findings, and findings of consistency with the General Plan, and the priority policies of Planning Code, Section 101.1. (Public Works Department) Resolution No. 402-13 ADOPTED 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. Ordinance No. 261-13 FINALLY PASSED Recommendations of the Rules Committee 120575 [Appointment, Commission on the Aging Advisory Council - Ken Prag] Motion appointing Ken Prag, term ending March 31, 2014, to the Commission on the Aging and Advisory Council. (Clerk of the Board) Motion No. M13-142 APPROVED 130948 [Appointment, Lesbian, Gay, Bisexual, and Transgender (LGBT) Seniors Task Force - G. Joyce Pierson] Motion appointing G. Joyce Pierson, for an indefinite term, to the Lesbian, Gay, Bisexual, and Transgender (LGBT) Seniors Task Force. (Clerk of the Board) Motion No. M13-143 APPROVED City and County of San Francisco Page 734 Printed at 4:40 pm on 1/9/14 ### [Page 4](https://sfbos.info/documents/148/2013-11-19-minutes#page-4) Board of Supervisors Meeting Minutes 11/19/2013 130955 [Settlement of Administrative Enforcement Action - San Francisco Bay Regional Water Quality Control Board - $608,310] Ordinance authorizing settlement of the unlitigated administrative enforcement action filed by the San Francisco Bay Regional Water Quality Control Board against the City and County of San Francisco for $608,310; and appropriating $608,310 for this purpose from the Public Utilities Commission Water Enterprise fund balance. (City Attorney's Office) PASSED, ON FIRST READING 130956 [Settlement of Lawsuit - Carlos Hutcherson, et al. - $125,000] Ordinance authorizing settlement of the lawsuit filed by Carlos Hutcherson, Tarasa Gates, and Donald Walton against the City and County of San Francisco for $125,000; the lawsuit was filed on December 21, 2012, in United States District Court, Case No. 12-cv-6481; entitled Carlos Hutcherson, et al., v. City and County of San Francisco, et al. (City Attorney's Office) PASSED, ON FIRST READING 130957 [Settlement of Administrative Enforcement Acton - San Francisco Bay Regional Water Quality Control Board - $69,000] Resolution approving the settlement of the unlitigated administrative enforcement action filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $69,000. (City Attorney's Office) Resolution No. 403-13 ADOPTED 130958 [Settlement of Administrative Enforcement Action - Central Valley Regional Water Quality Control Board - $1,000,000] Resolution approving the settlement of the unlitigated administrative enforcement action filed by the Central Valley Regional Water Quality Control Board against San Francisco imposing a penalty of $1,000,000. (Public Utilities Commission) Resolution No. 404-13 ADOPTED 130959 [Settlement of Claim - Adam Holm - $50,000] Resolution approving the settlement of the unlitigated claim filed by Adam Holm against the City and County of San Francisco for $50,000; claim was filed on March 28, 2013. (City Attorney's Office) Resolution No. 405-13 ADOPTED 131013 [Settlement of Lawsuits - Zeno Zimmerman - $145,000] Ordinance authorizing settlement of the lawsuits filed by Zeno Zimmerman against the City and County of San Francisco for $145,000; the lawsuits were filed on December 6, 2011, in San Francisco Superior Court, Case Nos. CGC-11-516360 and CGC-11-516361 (consolidated); entitled Zeno Zimmerman v. City and County of San Francisco, et al. (City Attorney's Office) PASSED, ON FIRST READING City and County of San Francisco Page 735 Printed at 4:40 pm on 1/9/14 ### [Page 5](https://sfbos.info/documents/148/2013-11-19-minutes#page-5) Board of Supervisors Meeting Minutes 11/19/2013 131014 [Settlement of Lawsuit - Calkin, et al. - $862,500] Ordinance authorizing partial settlement of the lawsuit filed by Donald Calkin, Gordon Clark, Silvia David, Sally Foster, John Higgins, Janet Lacampagne, Kenneth Sanchez, Colleen Sullivan, and Lee Sullivan against the City and County of San Francisco for $862,500; the lawsuit was filed on May 18, 2012, in United States District Court, Northern District of California, Case No. C12-02584 JCS; entitled Donald Calkin, Gordon Clark, Silvia David, Sally Foster, John Higgins, Janet Lacampagne, Kenneth Sanchez, Colleen Sullivan, and Lee Sullivan v. City and County of San Francisco. (City Attorney's Office) PASSED, ON FIRST READING 131033 [California Code of Civil Procedure, Section 998 - Offer to Compromise to Defendants - Anshen and Allen, Architects Inc.] Sponsor: Yee Ordinance authorizing the City Attorney to make a California Code of Civil Procedure, Section 998, Offer to Compromise to Defendants to the City in the lawsuit entitled City and County of San Francisco v. Anshen and Allen, Architects, Inc., et al., Alameda County Superior Court Case No. RG13679711. PASSED, ON FIRST READING 131030 [Appointments, Airport Facilities Naming Advisory Committee - Jon Ballesteros and Maggie Weiland] Motion appointing Jon Ballesteros and Maggie Weiland, for indefinite terms, to the Airport Facilities Naming Advisory Committee. (Clerk of the Board) Motion No. M13-144 APPROVED 131047 [Appointments, Assessment Appeals Board No. 1 - Jeffrey Morris and Eugene Valla] Motion appointing Jeffrey Morris and Eugene Valla, terms ending September 5, 2016, to the Assessment Appeals Board No. 1. (Clerk of the Board) Motion No. M13-145 APPROVED 131048 [Appointments, Assessment Appeals Board No. 2 - John Lee, Mervin Conlan, and Alfredo Perez] Motion appointing John Lee, Mervin Conlan, and Alfredo Perez, terms ending September 5, 2016, to the Assessment Appeals Board No. 2. (Clerk of the Board) Motion No. M13-146 APPROVED City and County of San Francisco Page 736 Printed at 4:40 pm on 1/9/14 ### [Page 6](https://sfbos.info/documents/148/2013-11-19-minutes#page-6) Board of Supervisors Meeting Minutes 11/19/2013 131049 [Appointments, Assessment Appeals Board No. 3 - Yosef Tahbazof, Kristine Nelson, Shawn Ridgell, and Angela Cheung,] Motion appointing Yosef Tahbazof, term ending September 1, 2014, Kristine Nelson, term ending September 7, 2015, Shawn Ridgell and Angela Cheung, terms ending September 5, 2016, to the Assessment Appeals Board No. 3. (Clerk of the Board) Motion No. M13-147 APPROVED Recommendation of the Government Audit and Oversight Committee 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) Ordinance No. 262-13 FINALLY PASSED Recommendation of the Budget and Finance Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 737 Printed at 4:40 pm on 1/9/14 ### [Page 7](https://sfbos.info/documents/148/2013-11-19-minutes#page-7) Board of Supervisors Meeting Minutes 11/19/2013 REGULAR AGENDA UNFINISHED BUSINESS Referred Without Recommendation from the Land Use and Economic Development Committee 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: 6 - Chiu, Cohen, Farrell, Tang, Wiener, Yee Noes: 5 - Avalos, Breed, Campos, Kim, Mar Recommendation of the Land Use and Economic Development Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 738 Printed at 4:40 pm on 1/9/14 ### [Page 8](https://sfbos.info/documents/148/2013-11-19-minutes#page-8) Board of Supervisors Meeting Minutes 11/19/2013 Recommendation of the Government Audit and Oversight Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Budget and Finance Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 739 Printed at 4:40 pm on 1/9/14 ### [Page 9](https://sfbos.info/documents/148/2013-11-19-minutes#page-9) Board of Supervisors Meeting Minutes 11/19/2013 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 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: 10 - Avalos, Breed, Campos, Chiu, Farrell, Kim, Mar, Tang, Wiener, Yee Noes: 1 - Cohen Supervisor Cohen, seconded by Supervisor Farrell, 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 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 7 - Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener Noes: 4 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Resolution No. 408-13 ADOPTED AS AMENDED by the following vote: Ayes: 9 - Avalos, Breed, Campos, Chiu, Farrell, Kim, Mar, Wiener, Yee Noes: 2 - Cohen, Tang City and County of San Francisco Page 740 Printed at 4:40 pm on 1/9/14 ### [Page 10](https://sfbos.info/documents/148/2013-11-19-minutes#page-10) Board of Supervisors Meeting Minutes 11/19/2013 NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 741 Printed at 4:40 pm on 1/9/14 ### [Page 11](https://sfbos.info/documents/148/2013-11-19-minutes#page-11) Board of Supervisors Meeting Minutes 11/19/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 131037 [Multifamily Housing Revenue Note - Tenderloin Family 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 742 Printed at 4:40 pm on 1/9/14 ### [Page 12](https://sfbos.info/documents/148/2013-11-19-minutes#page-12) Board of Supervisors Meeting Minutes 11/19/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 743 Printed at 4:40 pm on 1/9/14 ### [Page 13](https://sfbos.info/documents/148/2013-11-19-minutes#page-13) Board of Supervisors Meeting Minutes 11/19/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendation of the Neighborhood Services and Safety Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Rules Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 744 Printed at 4:40 pm on 1/9/14 ### [Page 14](https://sfbos.info/documents/148/2013-11-19-minutes#page-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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Excused: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Excused: 1 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 745 Printed at 4:40 pm on 1/9/14 ### [Page 15](https://sfbos.info/documents/148/2013-11-19-minutes#page-15) Board of Supervisors Meeting Minutes 11/19/2013 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Wiener, seconded by Supervisor Yee, 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 Buck Delventhal, Deputy City Attorney, in recognition of his receipt of two prestigious awards honoring his contributions in the field of municipal law and his service and leadership with the City and County of San Francisco. Dennis Herrera, City Attorney, shared in the recognition of Mr. Delventhal. Supervisor Yee introduced, welcomed, and presented a Certificate of Honor to Wu Yee Children's Services in recognition for 35 years of quality childcare services provided to families citywide and the opening of their first center in the Bayview District. Supervisor Mar introduced, welcomed, and presented Certificates of Honor to Kenneth Hill, Jazz Vassar, and Antonia Williams of the Food Guardian Angels in recognition of their accomplishments and continued community support regarding healthy food initiatives. Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to the Association for Justice and Reconciliation in recognition of their accomplishments and continued community support. SPECIAL ORDER 3:00 P.M. 130950 [Public Hearing - Appeal of Application of Condominium Conversion Fee - 273A-29th Street] Hearing of persons interested in or objecting to the application of the condominium conversion fee per Subdivision Code, Section 1396.4(j), for property located at 273A-29th Street, Assessor's Block No. 6633, Lot No. 025. (District 8) (Appellants: Jasmine Oberste and Anne Michele Smart) (Filed September 26, 2013). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board. Bruce Storrs (Department of Public Work s), John Malamut (City Attorney's Office), and Jon Givner (City Attorney's Office) responded to questions raised throughout the discussion. Jasmine Oberste (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal and waive the application fee. Male Speak er and Douglas Yep; spok e in support of the appeal and waiver of the application fee. Gigi Whitley (Mayor's Office of Housing and Community Development) provided an overview of the decision of the Mayor’s Office of Housing and Community Development and responded to questions raised throughout the discussion. There were no other speak ers. The President declared the public hearing closed. HEARD AND FILED City and County of San Francisco Page 746 Printed at 4:40 pm on 1/9/14 ### [Page 16](https://sfbos.info/documents/148/2013-11-19-minutes#page-16) Board of Supervisors Meeting Minutes 11/19/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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 James Chaffee; expressed concerns relating to the SF Public Library. Peter Warfield; expressed concerns relating to the SF Public Library. John Bowman; expressed concerns regarding postal services. Male Speak er; expressed concerns regarding artificial turf. Tim Colen; expressed concerns regarding housing stock . Male Speak er; expressed concerns regarding the Central Subway project. Sue Englander; spok e on George Moscone as a great humanitarian. Douglas Yep; expressed various concerns. Christopher Gall; expressed various concerns. John; expressed various concerns. Male Speak er; expressed various religious concerns. City and County of San Francisco Page 747 Printed at 4:40 pm on 1/9/14 ### [Page 17](https://sfbos.info/documents/148/2013-11-19-minutes#page-17) Board of Supervisors Meeting Minutes 11/19/2013 Supervisor Farrell was noted absent at 5:43 p.m. and for the remainder of the meeting. Supervisor Cohen was noted absent at 5:46 p.m. and for the remainder of the meeting. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 131016 [Buck Delventhal Day - November 20, 2013] Sponsors: Wiener; Campos and Chiu Resolution declaring November 20, 2013, as Buck Delventhal Day in the City and County of San Francisco in recognition of his receipt of two prestigious awards honoring his contributions in the field of municipal law and his longstanding service and ongoing leadership in the San Francisco City Attorney’s Office. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 407-13 ADOPTED 131104 [Concurring in the Continuation of the Revised Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area)] Motion concurring in the continuation of the "Rim Fire" Revised Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board) Motion No. M13-151 APPROVED 131081 [Final Map 4556 - 277 Golden Gate Avenue] Motion approving Final Map 4556, an 88 Residential Unit and One Commercial Unit, Mixed-Use Condominium Project, located at 277 Golden Gate Avenue being a subdivision of Assessor’s Block No. 0348, Lot No. 015, and adopting findings pursuant to the General Plan and City Planning Code, Section 101.1. (Public Works Department) Motion No. M13-152 APPROVED 131082 [Final Map 7543 - 3418-26th Street] Motion approving Final Map 7543, an 11 Residential Unit Condominium Project, located at 3418-26th Street being a subdivision of Assessor’s Block No. 6529, Lot No. 034, and adopting findings pursuant to the General Plan and City Planning Code, Section 101.1. (Public Works Department) Motion No. M13-153 APPROVED City and County of San Francisco Page 748 Printed at 4:40 pm on 1/9/14 ### [Page 18](https://sfbos.info/documents/148/2013-11-19-minutes#page-18) Board of Supervisors Meeting Minutes 11/19/2013 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: 9 - Avalos, Breed, Campos, Chiu, Kim, Mar, Tang, Wiener, Yee Absent: 2 - Cohen, Farrell IMPERATIVE AGENDA There were no items. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Charter Amendment 131117 [Municipal Transportation Agency (MTA): Equity Analysis, Supplemental Appropriation to the Transportation Fund, MTA Inspector General, Limits on Fare Increases, Free Muni for Youth, Transit Impact Fee] Sponsors: Avalos; Mar, Campos, Kim and Yee Draft Charter Amendment (First Draft) to amend the Charter, Sections 8A.100, 8A.101, 8A.103, 8A.105, 8A.107, 8A.108, and 8A.109, to: make improving equity a core goal of the Municipal Transportation Agency; require public hearings and written contracts for any contracts between the MTA and other City departments; require an annual Equity Analysis evaluating MTA services; allocate a Supplemental Appropriation to the Transportation Fund prioritized to mitigating deficiencies identified in the Equity Analysis; establish an office of the MTA Inspector General; limit increases in fares to the increase in the Consumer Price Index; not charge youth age 18 and under to ride the Municipal Railway; and adopt a Transit Impact Fee. 11/19/13; ASSIGNED UNDER 30 DAY RULE PENDING APPROVAL AS TO FORM to Rules Committee. City and County of San Francisco Page 749 Printed at 4:40 pm on 1/9/14 ### [Page 19](https://sfbos.info/documents/148/2013-11-19-minutes#page-19) Board of Supervisors Meeting Minutes 11/19/2013 Ordinances 131118 [Planning Code - Landmark Designation - 1712-1716 Fillmore Street (aka Marcus Books and Jimbo’s Bop City)] Sponsor: Breed Ordinance designating 1712-1716 Fillmore Street (aka Marcus Books and Jimbo’s Bop City), Assessor’s Block No. 0684, Lot No. 020, as a landmark under Planning Code, Article 10; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 11/19/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/19/2013. 131119 [Transportation Code - Inoperable/Broken Parking Meter Time Limits] Sponsor: Chiu Ordinance amending the Transportation Code, Division I, to clarify the definition for “Parking Meter” to include electronic pay stations, and change the time limit for parking at inoperable or broken parking meters from two hours to the maximum time permitted for the parking meter; and making environmental findings. 11/19/13; ASSIGNED to Land Use and Economic Development Committee. 131120 [Planning Code, Zoning Map - Broadway Alcohol Restricted Use District] Sponsor: Chiu Ordinance amending the Planning Code, by adding a new Section 789, to establish the Broadway Alcohol Restricted Use District on parcels with street frontage on Broadway, between Columbus Avenue and Montgomery Street; amending the Zoning Map, Sheet SU-02, to designate the Broadway Alcohol Restricted Use District; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 11/19/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/19/2013. 131121 [Planning Code - Amending the Third Street Alcohol Restricted Use District] Sponsor: Cohen Ordinance amending the Planning Code, to amend the Third Street Alcohol Restricted Use District, to allow Alcoholic Beverage Control (ABC) Type 2, “Winegrower” licenses; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 11/19/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/19/2013. 131122 [Administrative Code - Retiree Health Care Trust Fund] Sponsor: Farrell Ordinance amending the Administrative Code to identify members of the Retiree Health Care Trust Fund Board as City officers; provide the members with health insurance coverage through the San Francisco Health Service System; and exclude Retiree Health Care Trust Fund contracts from the Administrative Code, Section 21.02, definition of services. 11/19/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 12/19/2013. City and County of San Francisco Page 750 Printed at 4:40 pm on 1/9/14 ### [Page 20](https://sfbos.info/documents/148/2013-11-19-minutes#page-20) Board of Supervisors Meeting Minutes 11/19/2013 131123 [Appropriation - Transit Center District Funds and Transportation Development Impact Fees - FY2013-2014 - $4,388,000] Sponsor: Mayor Ordinance appropriating $4,388,000 of Transit Center District Funds and Transportation Development Impact fees revenue and capital project fund expenditures to the Municipal Transportation Agency in order to support capital projects in FY2013-2014. (Fiscal Impact) 11/19/13; ASSIGNED to Budget and Finance Committee. Resolutions 131068 [Interim Zoning - Building Permits for Commercial Uses in an Area Bounded by Market, Second, Brannan, Division, and South Van Ness Streets] Sponsor: Kim Resolution imposing interim zoning controls to require that for a 12-month period, in the area bounded by Market Street from Van Ness Street east to 5th Street on the north side and east to 2nd Street on the south side, 2nd Street south to Brannan Street, Brannan Street west to Division Street, and South Van Ness Street north to Market Street: certain building permits for commercial buildings shall require the posting of a notice and a 15-day delay in starting the work; and the re-establishment of a commercial use that has been converted to residential use shall require Planning Commission approval through either an authorization under Planning Code, Section 320 et seq., or a conditional use authorization; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 10/31/13; REFERRED TO DEPARTMENT. 11/01/13; REFERRED TO DEPARTMENT. 11/05/13; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 11/07/13; REFERRED TO DEPARTMENT. 11/15/13; NOTICED. 11/19/13; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 131125 [Accept and Expend Grant - Dislocated Worker Additional Assistance - $902,465] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $902,465 for the period of October 1, 2013, through March 31, 2015, from the U.S. Department of Labor passed through California Employment Development Department for the Dislocated Worker Additional Assistance Grant. 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 751 Printed at 4:40 pm on 1/9/14 ### [Page 21](https://sfbos.info/documents/148/2013-11-19-minutes#page-21) Board of Supervisors Meeting Minutes 11/19/2013 131126 [Transfer of Real Property - McAllister Street and Ash Alley - $4,584,000] Sponsors: Mayor; Breed Resolution approving the jurisdictional transfer of real property comprised of portions of Block No. 0785, Lot Nos. 030 and 033, in the City and County of San Francisco, from the Real Estate Division to the Mayor’s Office of Housing and Community Development for $4,584,000 to commence following Board approval. (Fiscal Impact) 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 131127 [Amendment - San Francisco Tourism Improvement District Management District Plan] Sponsors: Mayor; Chiu and Kim Resolution approving an amendment to the San Francisco Tourism Improvement District Management District Plan in accordance with the California Streets and Highways Code, Section 36636, to require monthly assessment, collection, and distribution of fees by the Office of the Treasurer and Tax Collector. 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 131128 [Amendment - Moscone Expansion District Management District Plan] Sponsors: Mayor; Chiu and Kim Resolution approving amendments to the Moscone Expansion District Management District Plan for the business-based business improvement district, known as the “Moscone Expansion District,” in accordance with the California Streets and Highways Code, Section 36636, to require the monthly assessment, collection, and transfer of fees by the Office of the Treasurer and Tax Collector; and an agreement with the nonprofit Owners' Association for administration/management of the District in accordance with the California Streets and Highways Code, Section 36651. 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 131129 [Accept and Expend Grant - Infill Infrastructure - $5,661,107] Sponsor: Cohen Resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend an Infill Infrastructure Grant from the California State Department of Housing and Community Development in the amount of $5,661,107 to commence following Board approval, for the housing development at 5800 Third Street. 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 131130 [California Constitution Appropriations Limit - FY2013-2014] Sponsor: Farrell Resolution establishing the appropriations limit for FY2013-2014 pursuant to California Constitution, Article XIII B. (Fiscal Impact) 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 752 Printed at 4:40 pm on 1/9/14 ### [Page 22](https://sfbos.info/documents/148/2013-11-19-minutes#page-22) Board of Supervisors Meeting Minutes 11/19/2013 131131 [Street Encroachment - Operator Convenience Facilities - Terminus of Muni Transit Lines] Sponsors: Wiener; Tang Resolution correcting Resolution No. 362-13, which granted revocable permission to the Municipal Transportation Agency to occupy portions of the public right-of-way to install and maintain two new operator convenience facilities at the terminus of various Muni bus routes; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 11/19/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 131132 [Supporting Assembly Bill 1266 - The School Success and Opportunity Act] Sponsors: Campos; Mar, Avalos, Yee, Wiener and Chiu Resolution supporting Assembly Bill 1266, authored by Assemblymember Tom Ammiano, set to take effect on January 1, 2014, which restates existing State law prohibiting discrimination against transgender students in public education and permitting students to participate in sex-segregated facilities and activities based on their gender identity. 11/19/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 131133 [Declaration of Election Results of the November 5, 2013, Municipal Election] Sponsor: Chiu Resolution declaring the results of the November 5, 2013, Municipal Election. 11/19/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 131134 [Supporting Senate Bill 316 and House Bill 630 - Postal Service Protection Act of 2013] Sponsors: Chiu; Mar Resolution supporting Senate Bill 316 and House Bill 630, the Postal Service Protection Act of 2013, and federal efforts to maintain levels of postal service provided by the United States Postal Service. 11/19/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 131135 [City Typhoon Relief Fund] Sponsors: Chiu; Mar Resolution urging the Mayor and Department of Human Resources to explore establishing a method by which City employees can donate to a Typhoon Relief Fund for the Philippines. 11/19/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 131136 [Supporting the Secure Our Smartphone Initiative] Sponsors: Kim; Mar and Chiu Resolution supporting the Secure Our Smartphones Initiative, the objective of which is to demand that smartphone manufacturers implement technological solutions to remove the economic incentives that support and drive the theft and re-sale of smartphone devices. 11/19/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 753 Printed at 4:40 pm on 1/9/14 ### [Page 23](https://sfbos.info/documents/148/2013-11-19-minutes#page-23) Board of Supervisors Meeting Minutes 11/19/2013 Motions 131124 [Initiative Ordinance - Business and Tax Regulations Code - Tax on Sugar-Sweetened Beverages to Fund Food and Health Programs] Sponsors: Mar; Avalos, Cohen and Wiener Motion ordering submitted to the voters at an election to be held on November 4, 2014, an Ordinance amending the Business and Tax Regulations Code by adding a new Article 8, imposing a tax of two cents per ounce on the distribution of bottled sugar-sweetened beverages to fund access to healthy nutrition and physical activity programs. (Economic Impact) 11/19/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 12/19/2013. Requests for Hearing 131137 [Hearing - Compliance with Senate Bill 7 - Charter Cities to Comply with Certain Prevailing Wage Laws] Sponsor: Cohen Hearing to discuss San Francisco's compliance with regard to Senate Bill 7, a new State law requiring Charter Cities to comply with certain prevailing wage laws. 11/19/13; RECEIVED AND ASSIGNED to Neighborhood Services and Safety Committee. 131138 [Hearing - Roadwork and Infrastructure Oversight] Sponsor: Wiener Hearing directed to the Department of Public Works, Municipal Transportation Agency (MTA), Public Utilities Commission, and Pacific Gas and Electric Company to explore a number of issues, including where projects are occurring, including sewer, water, natural gas, and road resurfacing, and what the benefits of these infrastructure improvements are; how the projects are coordinated to comply with the City's mandate that once a road is resurfaced no work will be done for five years -- absent an emergency -- to minimize repetitive street disruption; why some blocks remain under construction for very extended periods of time, with on-again-off-again work and repetitive digging; how blocks are chosen in terms of scheduling work; how many blocks are worked on annually and what the future schedule looks like; how departments are minimizing disruptions to the public caused by road work (parking, traffic detours, noise, dust, etc.); how contractors are held accountable for completing work in a timely manner, complying with contractual requirements, delivering high quality work, and minimizing impacts on surrounding neighbors; why some blocks, after undergoing utility work, only get paved on one side of the street and what we can do to prevent this; why it takes so long for MTA to re-stripe repaved roads, often months after the repaving is complete; how the various projects are funded and what the cost is per block; and what our goals are for improving pavement conditions. 11/19/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 754 Printed at 4:40 pm on 1/9/14 ### [Page 24](https://sfbos.info/documents/148/2013-11-19-minutes#page-24) Board of Supervisors Meeting Minutes 11/19/2013 Introduced by the President 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 ORDINANCE 131078 [Settlement of Lawsuit - Yekaterina Gayza - $50,000] Ordinance authorizing settlement of the lawsuit filed by Yekaterina Gayza against the City and County of San Francisco for $50,000; the lawsuit was filed on July 27, 2012, in San Francisco Superior Court, Case No. CGC 12-522744; entitled Yekaterina Gayza v. City and County of San Francisco, et al.; other material terms of said settlement are that the City and County of San Francisco will satisfy any lien asserted by Healthy San Francisco for treatment related to Yekaterina Gayza’s injury from her fall that provided the basis for San Francisco Superior Court, Case No. CGC 12-522744; entitled Yekaterina Gayza v. City and County of San Francisco, et al. (City Attorney's Office) 10/31/13; RECEIVED FROM DEPARTMENT. 11/19/13; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 131079 [Settlement of Claim - Pacific Gas and Electric Company - $35,000] Resolution approving the settlement of the unlitigated claim filed by Pacific Gas and Electric Company against the City and County of San Francisco for $35,000; claim was filed on June 17, 2013. (City Attorney's Office) 10/31/13; RECEIVED FROM DEPARTMENT. 11/19/13; RECEIVED AND ASSIGNED to Rules Committee. 131080 [Prevailing Wage Rates - Various Workers Performing Work Under City Contracts] Resolution fixing prevailing wage rates for workers performing work under City contracts for public work and improvement; workers performing work under City contracts for janitorial services; workers performing work in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; workers engaged in theatrical or technical services for shows on property owned by the City; workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City; and workers performing moving services under City contracts at facilities owned or leased by the City. (Civil Service Commission) (Fiscal Impact) 10/29/13; RECEIVED FROM DEPARTMENT. 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 755 Printed at 4:40 pm on 1/9/14 ### [Page 25](https://sfbos.info/documents/148/2013-11-19-minutes#page-25) Board of Supervisors Meeting Minutes 11/19/2013 131098 [Lease - Airport Amenities and Business Services - $1,260,000] Resolution approving the Airport Amenities and Business Services Lease, between Airport Travel Agency, 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 $180,000 and a total minimum amount of $1,260,000 to commence following Board approval, over the entire term. (Airport Commission) 11/08/13; RECEIVED FROM DEPARTMENT. 11/19/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Chiu To: Director, Controller’s Office Requesting/Inquiring: Requesting that the Controller, Assessor, and City Attorney prepare a General Fund supplemental funded by the increase in property tax increases that the City will receive in the Mid-Mark et Tax Exclusion Zone during the next eighteen months. From: Supervisor Chiu To: Director, Assessor-Recorder Requesting/Inquiring: Requesting that the Controller, Assessor, and City Attorney prepare a General Fund supplemental funded by the increase in property tax increases that the City will receive in the Mid-Mark et Tax Exclusion Zone during the next eighteen months. From: Supervisor Chiu To: City Attorney Requesting/Inquiring: Requesting that the Controller, Assessor, and City Attorney prepare a General Fund supplemental funded by the increase in property tax increases that the City will receive in the Mid-Mark et Tax Exclusion Zone during the next eighteen months. In Memoriams Cheb I. Sabbah - Supervisor Avalos Leamond Charles McGriff Jr. - Supervisors Cohen and Breed William J. Morlock - Supervisor Farrell Anita Sanchez - Entire Board Melquiesha Warren - Entire Board John Kearney - Supervisor Tang City and County of San Francisco Page 756 Printed at 4:40 pm on 1/9/14 ### [Page 26](https://sfbos.info/documents/148/2013-11-19-minutes#page-26) Board of Supervisors Meeting Minutes 11/19/2013 ADJOURNMENT There being no further business, the Board adjourned at the hour of 6:11 p.m. N.B. The Minutes of this meeting set forth all actions tak en by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were tak en up. Approved by the Board of Supervisors on January 7, 2014. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 757 Printed at 4:40 pm on 1/9/14