Board of Supervisors Minutes: December 10, 2013

131110 [Appointment, Citizen’s Committee on Community Development - Miquel Penn] Motion appointing Miquel Penn, term ending February 23, 2014, to the Citizen’s Committee on Community Development. (Clerk of the Board) Motion No. M13-163 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

r 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 Bree Mawhorter (Sheriff's Department), Jon Givner (City Attorney's Office), and Sheriff Ross Mirk arimi (Sheriff's Department), who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Campos, moved that this Resolution be AMENDED on Page 1, Line 6, by adding 'subject to future Board of Supervisors approval'; and Page 2, Lines 16-17, by deleting 'with an additional one year option exercisable by the Sheriff's Department', and Lines 18-23, by adding 'FURTHER RESOLVED, That the amended agreement provides that the City may extend the agreement for one additional year, to May 31, 2015, at the City’s option. The Board of Supervisors may approve the exercise of that option in the future, but this Resolution does not approve it. If the Sheriff’s Department seeks to exercise that one-year option, the department shall seek advance approval from the Board by a future resolution; and, be it'. The motion carried by the following vote:

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

Noes: None

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 subject to future Board of Supervisors approval, 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) Resolution No. 438-13 ADOPTED AS AMENDED by the following vote:

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

Noes: Cohen, Kim

130879 [Agreement Amendment - Airport Professional Services - Operation and Maintenance Services - AirTrain System - Not to Exceed $98,700,000] Resolution approving Amendment No. 1 to Professional Services Agreement, Airport Contract No. 8838, to provide Operation and Maintenance Services for the AirTrain System, between Bombardier Transportation (Holdings) USA, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $98,700,000 pursuant to Charter, Section 9.118(b) for the period of March 1, 2014, through February 28, 2017. (Airport Commission) (Fiscal Impact) Resolution No. 429-13 ADOPTED by the following vote:

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

Noes: None

130902 [Master Lease Amendment - United States Navy - Treasure Island South Waterfront] Resolution retroactively approving the Twenty-Ninth Amendment to the Treasure Island South Waterfront Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2013, through November 30, 2014. (Treasure Island Development Authority) Resolution No. 430-13 ADOPTED by the following vote:

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

Noes: None

130903 [Master Lease Amendment - United States Navy - Treasure Island Land and Structures] Resolution retroactively approving the Thirty Eighth Amendment to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2013, through November 30, 2014; and amend the leased premises. (Treasure Island Development Authority) Resolution No. 431-13 ADOPTED by the following vote:

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

Noes: None

130904 [Master Lease Amendment - United States Navy - Treasure Island Marina] Resolution retroactively approving the Seventeenth Amendment to the Treasure Island Marina Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2013, through November 30, 2014. (Treasure Island Development Authority) Resolution No. 432-13 ADOPTED by the following vote:

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

Noes: None

130905 [Master Lease Amendment - United States Navy - Treasure Island Childcare ] Resolution retroactively approving the Ninth Amendment to the Treasure Island Childcare Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2013, through November 30, 2014. (Treasure Island Development Authority) Resolution No. 433-13 ADOPTED by the following vote:

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

Noes: None

130906 [Master Lease Amendment - United States Navy - Treasure Island Event Venues] Resolution retroactively approving the Twenty Fifth Amendment to the Treasure Island Event Venues Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2013, through November 30, 2014. (Treasure Island Development Authority) Resolution No. 434-13 ADOPTED by the following vote:

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

Noes: None

130907 [Master Lease Amendment - United States Navy - Fire Fighting Training Center] Resolution retroactively approving the Fifth Amendment to the Treasure Island Fire Fighting Training Center Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2013, through November 30, 2014. (Treasure Island Development Authority) Resolution No. 435-13 ADOPTED by the following vote:

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

Noes: None

131022 [Contract Modification - Guardsmark, LLC - Security Services - $21,226,260] Resolution retroactively approving the contract modification between the City and County of San Francisco and Guardsmark, LLC, to provide security services for the Human Services Agency, to extend the term by two months, for a revised period of December 1, 2008, through January 31, 2014, in the modified amount of $21,226,260. (Fiscal Impact) Resolution No. 436-13 ADOPTED by the following vote:

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

Noes: None

131066 [Accept and Expend Grant - Kaiser Permanente Foundation - $200,000] Sponsors: Mayor; Cohen Resolution retroactively authorizing the Arts Commission to accept and expend a grant in the amount of $200,000 from the Kaiser Permanente Foundation for the Bayview Opera House Plaza Renovation and Restoration for the period of July 31, 2013, through August 1, 2014. Supervisor Cohen requested to be added as a co-sponsor. Resolution No. 437-13 ADOPTED by the following vote:

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

Noes: None

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) PASSED, ON FIRST READING by the following vote:

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

Noes: None

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. Resolution No. 440-13 ADOPTED by the following vote:

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

Noes: None

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 California Streets and Highways Code, Section 36636, to require monthly, instead of quarterly, assessment, collection and distribution of assessment funds by the Office of the Treasurer and Tax Collector. Resolution No. 441-13 ADOPTED by the following vote:

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

Noes: None

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, instead of quarterly, assessment, collection, and transfer of assessments 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. Resolution No. 427-13 ADOPTED by the following vote:

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

Noes: None

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. Resolution No. 442-13 ADOPTED by the following vote:

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

Noes: None

131142 [Urging the Restart of GreenFinanceSF] Sponsors: Mayor; Farrell, Chiu, Wiener, Kim, Tang, Mar, Yee and Cohen Resolution urging the restart of GreenFinanceSF and supporting the Mayor, Department of the Environment, and Office of Public Finance to enable City residents to finance the costs of energy efficiency and renewable energy capital improvements; and to take such other actions necessary therefor. Resolution No. 444-13 ADOPTED by the following vote:

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

Noes: None

131144 [Office of Community Investment and Infrastructure Budget - Not To Exceed $70,000,000] Sponsor: Mayor Resolution authorizing the Office of Community Investment and Infrastructure, operating as the Successor Agency to the Redevelopment Agency, to issue and expend bonds in an aggregate principal amount not to exceed $70,000,000 for the purpose of financing a portion of enforceable obligations in the Mission Bay South redevelopment project area in the current or future budget years. Resolution No. 445-13 ADOPTED by the following vote:

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

Noes: None

al of a Sidewalk Easement for Brighton Avenue (North of Ocean)] Sponsor: Yee Ordinance accepting an irrevocable offer for a public sidewalk easement on the Brighton Avenue Extension north of Ocean Avenue and accepting an easement for these purposes; accepting an irrevocable offer for improvements and real property related to Lee Avenue north of Ocean Avenue and accepting a grant deed for these purposes; authorizing the conditional acceptance of an irrevocable offer for sidewalk improvements for Ocean Avenue east of Lee Avenue; declaring such areas to be open public right-of-way and dedicating them for right-of-way and roadway purposes; accepting maintenance and liability for these areas subject to certain limitations; establishing public right-of-way width and sidewalk width for the Lee Avenue and the Ocean Avenue sidewalks; approving an interdepartmental transfer of property for a portion of Lee Avenue and for a sidewalk area fronting a portion of Ocean Avenue; approving and making findings, including environmental findings and general plan and priority policy findings; and authorizing official acts in connection with this Ordinance. PASSED, ON FIRST READING by the following vote:

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

Noes: None

131068 [Interim Zoning - Building Permits for Commercial Uses in an Area Bounded by Market, Second, Brannan, Division, and South Van Ness Streets] Sponsors: Kim; Chiu and Campos 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 any buildings with some commercial use 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 a determination of consistency with the eight priority policies of Planning Code, Section 101.1. ADOPTED by the following vote:

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

Noes: None

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

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

Noes: None

Privilege of the floor was granted to Jon Givner (City Attorney's Office), who responded to questions raised throughout the discussion. Supervisor Campos requested to be added as a co-sponsor. Supervisor Kim, seconded by Supervisor Breed, moved that this Resolution be AMENDED on Page 4, Lines 4-8, by changing the clause to read 'FURTHER RESOLVED, That during the pendency of these interim controls, the re-establishment of any commercial use that has been converted to residential use shall require Planning Commission approval through a conditional use and, if triggered by Planning Code Section 322, a Proposition M authorization'. The motion carried by the following vote:

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

Noes: None

City and County of San Francisco Page 787 Printed at 3:45 pm on 1/17/14 Board of Supervisors Meeting Minutes 12/10/2013 Resolution No. 428-13 ADOPTED AS AMENDED by the following vote:

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

Noes: None

131032 [Police Code - Litter Enforcement] Sponsor: Cohen Ordinance amending the Police Code to update the list of City job classifications responsible for enforcement of litter laws and having the power to issue citations for that purpose. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130787 [Administrative Code - Timelines and Procedures for Releasing Open Data] Sponsors: Farrell; Chiu, Campos and Cohen Ordinance amending the Administrative Code to modify open data standards and set deadlines for releasing open data. Supervisors Chiu, Campos, 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

Noes: None

131018 [Confirming Appointment, Treasure Island Development Authority Board of Directors - Vivian Fei Tsen] Motion confirming the Mayor's appointment of Vivian Fei Tsen, term ending February 26, 2014, to the Treasure Island Development Authority Board of Directors. (Mayor) Motion No. M13-164 APPROVED by the following vote:

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

Noes: None

131108 [Appointment, Treasury Oversight Committee - Charles Perl] Motion appointing Charles Perl, term ending June 5, 2017, to the Treasury Oversight Committee. (Clerk of the Board) Motion No. M13-165 APPROVED by the following vote:

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

Noes: None

130041 [Planning Code - Conversion, Demolition, Merger, and Conformity of Residential Uses] Sponsor: Avalos Ordinance amending the Planning Code to revise the criteria for residential demolition, merger and conversion, and to standardize those definitions across use districts and prohibit residential mergers where certain evictions of tenants have occurred; establish a strong presumption in favor of preserving dwelling units in enforcement of code requirements; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted to Jon Givner (City Attorney's Office) and Sophie Hayward (Planning Department), who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Supervisor Farrell, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 16, Line 20, by changing 'October 24, 2013' to 'December 10, 2013'. The motion carried by the following vote:

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

Noes: None

Supervisor Tang, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to change the moratorium from 'ten (10) years' to 'five (5) years' for certain evictions. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

130783 [Planning Code - Nonconforming Uses: Enlargement, Alteration or Reconstruction] Sponsor: Avalos Ordinance amending the Planning Code to permit the enlargement, alteration or reconstruction of a dwelling or other housing structure that exceeds the permitted density of the district if dwelling units are principally permitted in the district and the enlargement, alteration or reconstruction does not extend beyond the building envelope as it existed on January 1, 2013, and if no tenants were evicted under certain provisions of the Rent Ordinance; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted to Jon Givner (City Attorney's Office) and Sophie Hayward (Planning Department), who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Supervisor Farrell, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 4, Line 11, by changing 'October 24, 2013' to 'December 10, 2013'. The motion carried by the following vote:

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

Noes: None

City and County of San Francisco Page 790 Printed at 3:45 pm on 1/17/14 Board of Supervisors Meeting Minutes 12/10/2013 Supervisor Tang, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to change the moratorium from 'ten (10) years' to 'five (5) years' for certain evictions. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

130998 [Planning Code - Cottage Food Operation Controls] Sponsor: Chiu Ordinance amending the Planning Code, by adding Section 102.37 and amending Section 204.1, to allow Cottage Food Operation as an accessory use for dwelling units and increase the allowable area for accessory uses in dwelling units; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

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

Noes: None

131175 [Final Map 6508 - 1645 Pacific Avenue] Motion approving Final Map 6508, a 39 residential unit and three commercial unit, mixed-use condominium project, located at 1645 Pacific Avenue being a subdivision of Assessor’s Block No. 0595, Lot No. 013; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works Department) Motion No. M13-168 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None