Board of Supervisors Minutes: February 25, 2014

140086 [Appointments, Workforce Investment Community Advisory Committee - Lai Yu Lily Wong, Winnie Yu, and Dion-Jay Brookter] Motion appointing Lai Yu Lily Wong, Winnie Yu, and Dion-Jay Brookter (residency requirement waived), terms ending February 19, 2016, to the Workforce Investment Community Advisory Committee. (Clerk of the Board) Motion No. M14-019 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

131147 [Accept and Expend Grant - Juvenile Accountability Block Grant and Amendment to the Annual Salary Ordinance - FY2013-2014 - $94,132] Sponsor: Campos Ordinance retroactively authorizing the Public Defender’s Office to accept and expend a grant in the amount of $94,132 from the Board of State and Community Corrections for the purpose of implementing local juvenile justice accountability measures through the Juvenile Accountability Block Grant; and amending Ordinance No. 160-13 (Annual Salary Ordinance, FY2013-2014) to reflect the addition of one Class 8177 Trial Attorney grant-funded position (0.45 FTE) at the Public Defender’s Office, for the period of July 1, 2013, through June 30, 2014. PASSED, ON FIRST READING by the following vote:

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

Noes: None

140014 [Apply for, Accept, and Expend Grant - Green Connections: Oakdale Avenue - Not to Exceed $975,659] Sponsor: Cohen Resolution approving application for grant funds for the Urban Greening Grant Program entitled "Green Connections: Oakdale Avenue,” under the Safe Drinking Water, Water Quality and Supply, Flood Control, River, and Coastal Protection Bond Act of 2006, in an amount not to exceed $975,659 for the period of July 1, 2014, through June 30, 2016. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be AMENDED on Page 1, Line 1, by adding 'Accept and Expend'; Line 6, by adding 'for the period of July 1, 2014, through June 4, 2016'; Page 2, Line 21, by adding 'FURTHER RESOLVED, That the Board authorizes the Planning Department to accept and expend the grant funds, if awarded, in a manner consistent with the application and this Resolution.' The motion carried by the following vote:

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

Noes: None

Resolution No. 055-14 ADOPTED AS AMENDED by the following vote:

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

Noes: None

140050 [Public Auction - Tax-Defaulted Real Property] Resolution authorizing the Tax Collector to sell certain parcels of tax -defaulted real property at public auction. (Treasurer-Tax Collector) Resolution No. 056-14 ADOPTED by the following vote:

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

Noes: None

131163 [Term Sheet Endorsement - Pacific Gas and Electric Company ZA-1 Embarcadero-Potrero 230kV Transmission Project] Resolution endorsing the Pacific Gas and Electric Company (PG&E) ZA-1 Embarcadero-Potrero 230kV Transmission Project Revised Term Sheet among the Port Commission , the City and County of San Francisco, and PG&E. (Port) (Fiscal Impact) Privilege of the floor was granted to Brad Benson (Port) who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Mar, moved that this Resolution 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

Resolution No. 054-14 ADOPTED AS AMENDED by the following vote:

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

Noes: None

131206 [Police Code - Expanding Use of Unclaimed Personal Property and Bicycles] Sponsors: Avalos; Campos, Chiu, Mar and Yee Ordinance amending the Police Code to make unclaimed personal property, including unclaimed bicycles, worth $500 or less available to the Human Services Agency for use in programs designed to prevent juvenile delinquency and programs to benefit low-income and transit-challenged residents. Supervisors Mar and Yee 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

140100 [Agreement - Owners' Association for Administration/Management of Top of Broadway Community Benefit District] Sponsor: Chiu Resolution approving an agreement with the nonprofit Owners' Association for Administration/Management of the established property-based Community Benefit District known as the “Top of Broadway Community Benefit District,” pursuant to California Streets and Highways Code, Section 36651, for a period commencing upon Board approval, to June 30, 2021. Resolution No. 052-14 ADOPTED by the following vote:

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

Noes: None

131178 [Planning Code - Article 11 Designation of 660 California Street] Sponsor: Chiu Ordinance amending the Planning Code to change the designation of 660 California Street, Assessor’s Block No. 0241, Lot No. 011 (a.k.a. the Old St. Mary’s Rectory), from Category V (Unrated) to Category III (Contributory) under Planning Code, Article 11; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) PASSED, ON FIRST READING by the following vote:

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

Noes: None

140033 [Authorizing Levy and Collection of Special Taxes Within City and County of San Francisco Special Tax District No. 2009-1 - Seismic Safety Retrofits] Sponsors: Mayor; Chiu, Tang and Wiener Ordinance amending Ordinance No. 16-10 to authorize the levy and collection of Special Taxes within City and County of San Francisco Special Tax District No. 2009-1 (San Francisco Sustainable Financing) for seismic safety retrofits to certain privately owned buildings or real property; and directing the Clerk of the Board to publish a notice of public hearing and other matters related thereto. PASSED, ON FIRST READING by the following vote:

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

Noes: None

131062 [Police Code - Reporting Information About Employees of Privately Owned Parking Garages and Parking Lots] Sponsors: Wiener; Cohen, Campos and Mar Ordinance amending the Police Code to require applicants for commercial parking permits to provide the residential zip code, gender, and duration of employment for employees and other individuals working in privately owned parking lots or parking garages. Supervisor Kim, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 2, Line 6, by adding 'provided that the applicant shall not inquire about or acquire information in violation of Police Code, Article 49'; Page 3, Line 22, by adding 'provided that the applicant shall not inquire about or acquire information in violation of Police Code, Article 49'; Line 23, by adding 'the applicant knows'. 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

130402 [Health, Business and Tax Regulations Codes - Safe Body Art] Ordinance amending the Health Code by repealing miscellaneous sections relating to tattooing and adding Article 40 to require body art practitioners to register with the Department of Public Health (DPH) and to annually renew registration, and to require permanent and temporary body art facilities to obtain and annually renew permits with DPH; amending the Business and Tax Regulations Code by adding fees relating to body art permits and licenses; and making environmental findings. (Public Health Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Supervisors Avalos and Mar Excused from Voting Supervisor Kim, seconded by Supervisor Campos, moved that Supervisors Avalos and Mar be excused from voting on File No. 140087. The motion carried by the following vote:

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

Noes: None

Excused: Avalos, Mar

140087 [Appointments, San Francisco Local Agency Formation Commission - Supervisors John Avalos and Eric Mar] Motion appointing Supervisor John Avalos, as a member, and Supervisor Eric Mar, as an alternate member, terms ending February 4, 2018, to the San Francisco Local Agency Formation Commission. (Clerk of the Board) Motion No. M14-020 APPROVED by the following vote:

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

Noes: None

Excused: Avalos, Mar

140129 [Closed Session - Update on Labor Negotiations] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on February 25, 2014, with the Mayor's Office and the Department of Human Resources pursuant to San Francisco Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding negotiations with labor unions representing City employees. The President inquired as to whether any member of the public wished to address the Board regarding the proposed continuance to convene in closed session on March 4, 2014. There were no speakers. The President declared public comment closed. Supervisor Farrell, seconded by Supervisor Campos, AMENDED on Page 1, Line 3, by changing 'February 25, 2014' to 'March 4, 2014'; Line 10, by changing 'February 25, 2014' to 'March 4, 2014.' The motion carried by the following vote:

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

Noes: None

Motion that the Board of Supervisors convene in closed session on March 4, 2014, with the Mayor's Office and the Department of Human Resources pursuant to San Francisco Administrative Code , Section 67.10(e), and California Government Code, Section 54957.6, regarding negotiations with labor unions representing City employees. Supervisor Mar, seconded by Supervisor Farrell, moved that this Motion be CONTINUED AS AMENDED to March 4, 2014. The motion carried by the following vote:

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

Noes: None

140138 [Final Map 7620 - 2558 Mission Street] Motion approving Final Map 7620, a two-lot Airspace Subdivision, being also 114 residential units within Parcel A, and three commercial units within Parcel B, a Mixed-Use Condominium Project, located at 2558 Mission Street, being a subdivision of Assessor’s Block No. 3616, Lot No. 084, and adopting findings pursuant to the General Plan, and City Planning Code, Section 101.1. (Public Works Department) Motion No. M14-022 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

140126 [Departmental Study of Waterfront Ballot Initiative] Sponsor: Wiener Resolution referring the initiative measure known as the “Waterfront Height Limit Right to Vote Initiative,” to the Port of San Francisco, Planning Department, City Administrator, Controller, Office of Economic and Workforce Development, Municipal Transportation Agency, and Mayor’s Office of Housing and Community Development, to report on the measure’s potential impacts, if passed, on the City’s future housing (including affordable housing), infrastructure, transportation, and open space needs, as well as the City's tax base. Privilege of the floor was granted to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Wiener, moved that this Resolution be REFERRED to the Land Use and Economic Development Committee. Supervisor Cohen withdrew the motion. Supervisor Wiener, seconded by Supervisor Breed, moved that this Resolution be REFERRED to the Land Use and Economic Development Committee. The motion FAILED by the following vote:

Ayes: Breed, Farrell, Tang, Wiener

Noes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee

Supervisor Campos, seconded by Supervisor Farrell, moved that this Resolution be REFERRED to the Rules Committee. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Yee

Noes: Breed, Tang, Wiener

140149 [Urging Arizona Governor Jan Brewer to Veto Arizona Senate Bill 1062] Sponsors: Campos; Wiener, Mar, Kim, Cohen, Avalos, Breed, Chiu, Tang, Farrell and Yee Resolution denouncing Arizona Senate Bill (SB) 1062, a law that permits discrimination against the Lesbian, Gay, Bisexual, and Transgender community under the guise of religion , urging Governor Jan Brewer to veto SB1062, expanding the boycott of the State of Arizona and Arizona -based businesses if SB1062 is passed, and endorsing the City Attorney's offer to cooperate in a lawsuit challenging SB1062. The President inquired as to whether any member of the public wished to address the Board relating to File No. 140149. There were no speakers. The President declared public comment closed. Resolution No. 053-14 Supervisor Campos, seconded by Supervisor Breed, moved that this Resolution be ADOPTED. The motion carried by the following vote:

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

Noes: None