Board of Supervisors Minutes: November 26, 2013

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. Ordinance No. 276-13 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

r (Office of the City Attorney), who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Mar, moved that this Resolution be AMENDED on Page 1, Lines 1 and 5, by changing '$54,000,000' to '$51,200,000'; Page 2, Line 2, by changing '10,000' to '5,000', and Lines 4-7, by adding 'WHEREAS, The Board of Supervisors understands that it is the intention of the SFMTA that the additional 5,000 single-space meters be allocated as follows: 1,200 for Port meter replacement; 2,800 to replace damaged meters; and 1,000 to be used as a maintenance float; and'; and Page 3, Lines 7-11, by adding 'WHEREAS, On November 19, 2013, the SFMTA Board of Directors adopted Resolution No. 13-253, approving the Notification Requirements for New Meter Installation Proposals, which establishes additional notification standards for Operations, Local Neighborhood, and Area-Wide parking management projects proposing the installation of new parking meters; and', Line 12, by changing 'A copy' to 'Copies', Lines 12-13, by changing 'is' to 'and SFMTA Resolution No. 13-253 are', and Line 18, by changing '$54 million' to '$51,200,000'. The motion carried by the following vote:

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

City and County of San Francisco Page 763 Printed at 4:41 pm on 1/9/14 Board of Supervisors Meeting Minutes 11/26/2013 Resolution authorizing the Municipal Transportation Agency to enter into an agreement with IPS Group, Inc., for the procurement of single-space parking meters and support services, for an amount not to exceed $51,200,000 and for a term of five years, to commence following Board approval, with the option to extend the contract for up to two additional years. Resolution No. 415-13 ADOPTED AS AMENDED by the following vote:

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

Noes: Kim

131083 [Accept and Expend Private Grant - Mission Bay South Plan First Source Hiring Program, and Amendment to the Annual Salary Ordinance - FYs 2013-2014 and 2014-2015 - $500,000] Sponsor: Mayor Ordinance retroactively authorizing the Office of Economic and Workforce Development (OEWD) to accept and expend a grant in the amount of $500,000 from FOCIL-MB for the Mission Bay South Plan First Source Hiring Program, and amending Ordinance No. 160-13 (Annual Salary Ordinance, FYs 2013-2014 and 2014-2015) to reflect addition of two Class 9704 Employment and Training Specialists III positions (1.00 FTE) and one Class 2992 Contract Compliance Officer I position (0.50 FTE) in OEWD for the period of October 1, 2013, to June 30, 2016. PASSED, ON FIRST READING by the following vote:

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

131084 [Appropriation - General Hospital Improvement General Obligation Bonds - FY2013-2014 - $209,955,000] Sponsor: Mayor Ordinance appropriating $209,955,000 of General Obligation Bond Proceeds approved by voters under Proposition A in the November 2008 election, authorizing the issuance of General Obligation Bonds for the building or rebuilding and earthquake safety improvement of the General Hospital and Trauma Center in the Department of Public Health for FY2013-2014. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

131089 [Waiver of Payment in Lieu of Taxes - Housing Authority - FYs 1991-1992 to 2012-2013] Sponsor: Mayor Resolution approving a waiver of the payment in lieu of taxes (PILOT) for FYs 1991-1992 to 2012-2013 from the Housing Authority of the City and County of San Francisco. Resolution No. 416-13 ADOPTED by the following vote:

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

of not to exceed $209,955,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds, Series 2013D; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form of the preliminary official statement and the form and execution of the official statement relating to the sale of said bonds; approving the form of the continuing disclosure certificate; authorizing and approving modifications to documents; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds. Resolution No. 417-13 ADOPTED by the following vote:

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

131091 [Issuance of Tax-Exempt Obligations - Pacific Primary - Not to Exceed $4,500,000] Sponsor: Breed Resolution approving the issuance of tax-exempt obligations by the Association of Bay Area Governments Finance Authority for nonprofit corporations in an aggregate principal amount not to exceed $4,500,000 to finance and refinance various capital facilities owned by Pacific Primary, a California nonprofit corporation, or an affiliate thereof; and determining other matters in connection therewith. Resolution No. 418-13 ADOPTED by the following vote:

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

Community Development (the Director) to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $17,000,000 for 280 Beale Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $17,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the project, as defined herein, and the application, as defined herein. Resolution No. 419-13 ADOPTED by the following vote:

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

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) Motion No. M13-155 Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

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 Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

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 Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

130991 [Denying Appeal for Waiver, Adjustment, or Reduction of Condominium Conversion Fee - 124-5th Avenue, Apartment 2] Motion denying the appeal seeking a waiver, adjustment, or reduction of the condominium conversion fee in Subdivision Code, Section 1396.4(j), for 124-5th Avenue, Apartment 2. (Clerk of the Board) Motion No. M13-156 Supervisor Breed, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

130992 [Approving Waiver, Adjustment, or Reduction of Condominium Conversion Fee - 124-5th Avenue, Apartment 2] Motion approving a waiver, adjustment, or reduction of the condominium conversion fee in Subdivision Code, Section 1396.4(j), for 124-5th Avenue, Apartment 2. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

130993 [Preparation of Findings Related to the Appeal for Waiver, Adjustment, or Reduction of Condominium Conversion Fee - 124-5th Avenue, Apartment 2] 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 124-5th Avenue, Apartment 2. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

130995 [Denying Appeal for Waiver, Adjustment, or Reduction of Condominium Conversion Fee - 124-5th Avenue, Apartment 5] Motion denying the appeal seeking a waiver, adjustment, or reduction of the condominium conversion fee in Subdivision Code, Section 1396.4(j), for 124-5th Avenue, Apartment 5. (Clerk of the Board) Motion No. M13-157 Supervisor Breed, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

130996 [Approving Waiver, Adjustment, or Reduction of Condominium Conversion Fee - 124-5th Avenue, Apartment 5] Motion approving a waiver, adjustment, or reduction of the condominium conversion fee in Subdivision Code, Section 1396.4(j), for 124-5th Avenue, Apartment 5. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

130997 [Preparation of Findings Related to the Appeal for Waiver, Adjustment, or Reduction of Condominium Conversion Fee - 124-5th Avenue, Apartment 5] 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 124-5th Avenue, Apartment 5. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Farrell, Wiener

131088 [Appointment, Director of the San Francisco Bay Area Regional Water System Financing Authority - Harlan L. Kelly, Jr.] Sponsor: Mayor Resolution appointing Harlan L. Kelly, Jr., for a four-year term, to commence upon Board of Supervisors’ approval, as a Director of the San Francisco Bay Area Regional Water System Financing Authority. Resolution No. 420-13 ADOPTED by the following vote:

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

130968 [Administrative, Planning Codes - Ellis Act Displaced Emergency Assistance Ordinance] Sponsors: Chiu; Campos, Kim, Mar, Breed, Farrell and Cohen Ordinance amending the Administrative and Planning Codes to provide a preference in occupying units or receiving assistance under all affordable housing programs administered or funded by the City, including all former San Francisco Redevelopment Agency affordable housing programs administered or funded by the City, to certain tenants being evicted under the Ellis Act, California Government Code, Section 7060 et seq.; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisors Farrell and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

131069 [Construction Approval - West Garden Cafe Project - Academy of Sciences in Golden Gate Park] Sponsors: Mar; Tang Resolution approving the construction of a cafe in the West Garden of the Academy of Sciences in Golden Gate Park pursuant to Charter, Section 4.113; adopting findings pursuant to the California Environmental Quality Act; and adopting findings of consistency with the Golden Gate Park Master Plan, the General Plan, and the eight priority policies of Planning Code, Section 101.1. Resolution No. 421-13 ADOPTED by the following vote:

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

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. PASSED, ON FIRST READING by the following vote:

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

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. Supervisors Mar and Chiu requested to be added as co-sponsors. Resolution No. 426-13 ADOPTED The foregoing items were acted upon by the following vote:

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