Board of Supervisors Minutes: January 28, 2014

140007 [Appointment, Citizen's Advisory Committee for the Central Market Street and Tenderloin Area - Robert Marquez] Motion appointing Robert Marquez, term ending August 2, 2017, to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area. (Clerk of the Board) Motion No. M14-011 APPROVED The foregoing items were acted upon by the following vote:

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

130713 [Agreement - New Flyer of America Inc. - Purchase of Trolley Buses - Not to Exceed $94,950,444] Sponsors: Wiener; Breed Resolution approving a contract with New Flyer of America Inc ., for the purchase of 60 articulated trolley buses, associated equipment and spare parts, for an amount not to exceed $94,950,444. Supervisor Breed requested to be added as a co-sponsor. Resolution No. 020-14 ADOPTED by the following vote:

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

notice to be given of such election; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA), and adopting findings under CEQA for the remaining portion of the proposed bond; finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and is consistent with the General Plan; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; and incorporating the provisions of Administrative Code , Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code , Section 2.34. Supervisor Wiener requested File No. 131190 be DUPLICATED (see File No. 140059). Supervisor Wiener, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED to February 4, 2014, with the Board sitting as a Committee of the Whole. The motion carried by the following vote:

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

terest; prescribing notice to be given of such election; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA), and adopting findings under CEQA for the remaining portion of the proposed bond; finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and is consistent with the General Plan; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; and incorporating the provisions of Administrative Code , Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code , Section 2.34. Supervisor Wiener requested File No. 131190 be DUPLICATED. DUPLICATED from File No. 131190 Supervisor Wiener, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

nd collection of taxes to pay both principal and interest; prescribing notice to be given of such election; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA), and adopting findings under CEQA for the remaining portion of the proposed bond; finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and is consistent with the General Plan; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; and incorporating the provisions of Administrative Code , Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code , Section 2.34. Supervisor Wiener, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED AS AMENDED to February 4, 2014, with the Board sitting as a Committee of the Whole. The motion carried by the following vote:

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

e given of such election; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA), and adopting findings under CEQA for the remaining portion of the proposed bond ; finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and is consistent with the General Plan; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; incorporating the provisions of Administrative Code , Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code, Section 2.34. (Fiscal Impact) Supervisor Wiener requested File No. 131189 be DUPLICATED (see File No. 140060). Supervisor Wiener, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED to February 4, 2014, with the Board sitting as a Committee of the Whole. The motion carried by the following vote:

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

interest; prescribing notice to be given of such election; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA), and adopting findings under CEQA for the remaining portion of the proposed bond ; finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and is consistent with the General Plan; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; incorporating the provisions of Administrative Code , Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code, Section 2.34. Supervisor Wiener requested File No. 131189 be DUPLICATED. DUPLICATED from File No. 131189 Supervisor Wiener, seconded by Supervisor Avalos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

y and collection of taxes to pay both principal and interest; prescribing notice to be given of such election; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA), and adopting findings under CEQA for the remaining portion of the proposed bond ; finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and is consistent with the General Plan; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; incorporating the provisions of Administrative Code , Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code, Section 2.34. Supervisor Wiener, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED AS AMENDED to February 4, 2014, with the Board sitting as a Committee of the Whole. The motion carried by the following vote:

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

131193 [Sale of Transferable Development Rights - War Memorial Complex - 301 and 401 Van Ness Avenue] Sponsors: Mayor; Chiu and Wiener Resolution authorizing the Director of Property to sell up to 1,100,000 gross square feet of transferable development rights (TDR) from the War Memorial Complex, 301 and 401 Van Ness Avenue, at fair market value; and to execute and record Certificates of Transfer and to take such additional actions as may be necessary to effectuate one or more TDR transfers in accordance with Planning Code, Section 128. ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 016-14 ADOPTED by the following vote:

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

131211 [Accept and Expend Grant - Kezar Triangle - Golden Gate Park - $670,000] Sponsors: Breed; Mar Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of up to $670,000 from the San Francisco Parks Alliance, for the design and construction of landscape improvements to Kezar Triangle in Golden Gate Park for the period of August 15, 2013, through August 15, 2014. ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 022-14 ADOPTED by the following vote:

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

131212 [Accept and Expend Grant - San Francisco Youth Back on Treatment to Recovery Through Accountability, Collaboration, and Knowledge - $250,000] Sponsor: Breed Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $250,000 from U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, to participate in a program, entitled "San Francisco Youth Back on Treatment to Recovery through Accountability, Collaboration, and Knowledge," for the period of October 1, 2013, through September 30, 2015; and waiving indirect costs. ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 023-14 ADOPTED by the following vote:

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

131213 [Accept and Expend Grant - Safe Havens: Supervised Visitation and Safe Exchange Grant Program - $133,333] Sponsor: Breed Resolution retroactively authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $133,333 from Department of Justice, Office of Violence Against Women, to participate in a program, entitled “Safe Havens: Supervised Visitation and Safe Exchange Grant Program,” for the period of October 1, 2013, through September 30, 2014; and waiving indirect costs. ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 024-14 ADOPTED by the following vote:

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

131215 [Accept and Expend Grant - San Francisco Parks Alliance - $1,150,000] Sponsors: Farrell; Mar Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of up to $1,150,000 from the San Francisco Parks Alliance for the design and construction of a renovated playground in Mountain Lake Park, for the period of June 20, 2013, through September 30, 2014. ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 025-14 ADOPTED by the following vote:

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

131230 [Real Property Lease - Port - Affordable Self Storage, Inc. - $24,664.86 Monthly] Resolution approving Port Commission Lease No. L-15690 with Affordable Self Storage, Inc. for paved vacant land located within Seawall Lot No. 349 in the Southern Waterfront with an initial monthly rent of $24,664.86 for a 58-month term and possible extension terms of up to 60 months, to commence following Board approval. (Port) (Fiscal Impact) ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 017-14 ADOPTED by the following vote:

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

131231 [Real Property Lease - Port - Affordable Self Storage, Inc. - $47,789.14 Monthly] Resolution approving Port Commission Lease No. L-15691 with Affordable Self Storage, Inc. for paved vacant land located within Seawall Lot No. 349 in the Southern Waterfront with an initial monthly rent of $47,789.14 for a 31-month term, to commence following Board approval. (Port) ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 018-14 ADOPTED by the following vote:

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

131235 [Apply for Grant - Continuum of Care Program - Not to Exceed $24,000,000] Resolution approving the 2013 Grant Application for the United States Department of Housing and Urban Development Continuum of Care Program with an amount not to exceed $24,000,000; and fulfilling the Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. (Human Services Agency) ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 026-14 ADOPTED by the following vote:

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

131238 [Approval of Donations - Airport Capital Improvement Promotion and Event Fund - $400,000] Resolution approving donations of $100,000 or greater, totaling $400,000, to the Airport Capital Improvement Promotion and Event Fund from The Boeing Company, Hensel Phelps Construction Co., and United Airlines, Inc., pursuant to Administrative Code, Section 10.100-18. (Airport Commission) ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 027-14 ADOPTED by the following vote:

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

140013 [Accept and Expend Grant - Byrne Criminal Justice Innovation Program - Up to $997,217] Sponsor: Cohen Resolution retroactively authorizing the Office of the District Attorney to accept and expend up to $997,217 awarded by the Office of Justice Programs for a project entitled the “Safer Together Consortium,” for the period of October 1, 2013, through September 30, 2016. ADOPTED by the following vote:

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

Absent: Kim

Supervisor Kim, 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 Resolution No. 028-14 ADOPTED by the following vote:

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

131118 [Planning Code - Landmark Designation - 1712-1716 Fillmore Street (aka Marcus Books and Jimbo’s Bop City)] Sponsors: Breed; Mar, Campos and Chiu 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. Supervisor Campos requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Absent: Kim

Supervisor Kim, 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 PASSED, ON FIRST READING by the following vote:

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

131145 [Competitive Selection Process - Landfill Disposal Provider] Sponsors: Avalos; Farrell, Chiu, Tang, Breed, Kim, Yee, Wiener, Campos, Cohen and Mar Ordinance making findings that the City’s competitive process for selecting a preferred contractor for landfill disposal was adequate, fair, and consistent with the request for proposals; ratifying the selection of Recology San Francisco (Recology) as the preferred contractor; ratifying the termination of the landfill disposal and facilitation agreements with Recology; endorsing environmental review under the California Environmental Quality Act (CEQA) of the Recology proposal as the City’s preferred project alternative; clarifying that, consistent with prior practice and existing law, the definition of “services” contained in Administrative Code , Chapter 21, excludes the agreements resulting from the competitive selection process; and making environmental findings under CEQA. PASSED ON FIRST READING by the following vote:

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

Absent: Kim

Supervisor Kim, 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 PASSED, ON FIRST READING by the following vote:

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

131162 [General Plan - Adjacent Parcels to the Western South of Market, East South of Market, and Market and Octavia Area Plans] Sponsor: Kim Ordinance amending the General Plan by amending the boundaries of the East South of Market Area Plan to incorporate 40 nearby parcels on Mission Street, generally bounded by 7th Street to the east, 9th Street to the west, and Minna Street to the south; amending the Market and Octavia Planning Area to incorporate nine adjacent parcels along Mission Street and 10th Street, generally bound by Washburn Street to the east, and Minna Street to the south; amending the Western South of Market Area Plan to remove one parcel on 10th Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) PASSED ON FIRST READING by the following vote:

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

Absent: Kim

Supervisor Kim, 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 PASSED, ON FIRST READING by the following vote:

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

131161 [Planning Code, Zoning Map - Adjacent Parcels and Western South of Market Cleanup] Sponsor: Kim Ordinance amending Zoning Map, Sheets ZN01, ZN07, ZN08, HT07, HT08, and SU07, to revise use districts and height and bulk districts for parcels adjacent to and within the Western South of Market Plan Area; to extend the Van Ness and Market Downtown Residential Special Use District ; and making environmental findings, Planning Code, Section 302, 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, Mar, Tang, Wiener, Yee

Absent: Kim

Supervisor Kim, 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 PASSED, ON FIRST READING by the following vote:

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

140051 [Final Map 7096 - 1489-1495 Valencia Street] Motion approving Final Map 7096, an eight residential unit and one commercial unit, Mixed-Use Condominium Project, located at 1489-1495 Valencia Street, being a subdivision of Assessor’s Block No. 6530, Lot Nos. 041 and 042, and adopting findings pursuant to the General Plan, and City Planning Code, Section 101.1. (Public Works Department) Motion No. M14-014 APPROVED The foregoing items were acted upon by the following vote:

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

140040 [Opposing Anti-Abortion Banners on Market Street] Sponsors: Campos; Yee, Farrell, Wiener, Chiu, Kim, Mar and Cohen Resolution opposing the anti-abortion banners on Market Street, urging the dedication of banner proceeds to the Department of Public Health for a campaign advancing accurate and scientifically verifiable education about women’s reproductive health , and requesting the review of banner regulations to assess whether the banners were issued in violation of City law. Resolution No. 029-14 ADOPTED by the following vote:

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

140042 [Urging Federal Action on Comprehensive Immigration Reform] Sponsors: Chiu; Campos, Wiener, Cohen, Yee, Mar, Kim and Avalos Resolution urging suspension of further deportations of undocumented immigrants, extension of the "Deferred Action for Childhood Arrivals Program," and an end to the firings of undocumented workers. Resolution No. 031-14 ADOPTED by the following vote:

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