Board of Supervisors Minutes: March 4, 2014

140136 [Appointments, Market and Octavia Community Advisory Committee - Krute Singa, Kenneth Wingard, Dennis Richards, and Jason Henderson] Motion appointing Krute Singa, Kenneth Wingard, Dennis Richards, and Jason Henderson, terms expiring on December 16, 2014, to the Market and Octavia Community Advisory Committee. (Rules Committee) Motion No. M14-026 APPROVED The foregoing items were acted upon by the following vote:

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

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. Ordinance No. 020-14 FINALLY PASSED by the following vote:

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

131218 [Real Property Lease - Employees’ Retirement System - 1145 Market Street - $15,645,100.01] Sponsor: Cohen Resolution authorizing a 10-year Lease of 35,579 sq. ft. at 1145 Market Street for space for the San Francisco Employees’ Retirement System from 1145 Market Street, LP, a California Limited Partnership for $113,727.50 monthly for an approximate total of $15,645,100.01 for the period of August 1, 2014, through July 31, 2024. (Fiscal Impact) Privilege of the floor was granted to John Updike, Director of Real Estate, and Jay Huish, Executive Director of San Francisco Employees' Retirement System, who responded to questions raised throughout the discussion. Resolution No. 061-14 ADOPTED by the following vote:

Ayes: Avalos, Cohen, Farrell, Mar, Tang, Wiener, Yee

Noes: Breed, Campos, Chiu, Kim

zing the Sheriff’s Department to enter into a contract with the California Department of Corrections and Rehabilitation (CDCR) to contract for, accept and expend up to $4,195,576 to establish the San Francisco County Secure Reentry Program Facility (SPRF) to house for up to 60 days state inmates that are scheduled to be released from state prison within 60 days or less to Post Release Community Supervision in San Francisco County. The Sheriff’s Department will provide housing appropriate for program delivery. The Adult Probation Department will provide intensive, in-custody evidence-based reentry programming, which will address offenders’ underlying criminogenic needs. The Sheriff’s Department and Adult Probation Department shall jointly report to the State Legislature and CDCR on the implementation of this SPRF after a period of one, two and three years as part of this pilot program, to commence upon Board approval for a three-year term. The Sheriff’s Department and Adult Probation will report annually to the Board of Supervisors and the Capital Planning Committee on the increase in the average daily inmate population. (Sheriff) Resolution No. 058-14 ADOPTED by the following vote:

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

131236 [Agreement - HDR Engineering, Inc. - Construction Management Services - $27,500,000] Resolution extending an agreement for an additional six months between the Public Utilities Commission and HDR Engineering, Inc., through December 29, 2014, and increasing the estimated cumulative contract amount to $27,500,000 for additional construction management services, pursuant to Charter, Section 9.118(b). (Public Utilities Commission) Resolution No. 063-14 ADOPTED by the following vote:

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

140049 [California Environmental Quality Act Findings - Peninsula Pipelines Seismic Upgrade Project - San Mateo County] Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program, and a statement of overriding considerations related to the Peninsula Pipelines Seismic Upgrade Project in San Mateo County. (Public Utilities Commission) Resolution No. 066-14 ADOPTED by the following vote:

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

131222 [Apply for Grant - BioDiversity Action Plan - $250,000] Sponsor: Yee Resolution authorizing the Department of the Environment to apply for a $250,000 grant from the California Strategic Growth Council to create the Biodiversity Action Plan, for the period of July 1, 2014, through June 30, 2015. Resolution No. 062-14 ADOPTED by the following vote:

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

130999 [Zoning Map - Transferable Development Right Sale Eligibility - 133-135 Golden Gate Avenue (St. Boniface Church and Rectory)] Sponsor: Kim Ordinance amending the Planning Code, Zoning Use District Map ZN01, to provide for eligibility to sell transferable development rights for property at 133-135 Golden Gate Avenue (St. Boniface Church and Rectory); 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

131059 [Planning Code - Allowing Certain Non-Conforming Structures to be Rebuilt Under Certain Conditions] Sponsors: Mayor; Chiu and Cohen Ordinance amending the Planning Code to allow non-conforming secondary structures in a C-3-R (Downtown Retail) Zoning District to be demolished and rebuilt to the prior non-conforming size under certain conditions; 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

130987 [Liquor License - 1040 Hyde Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Timothy Lee for Liquid Gold, LLC, located at 1040 Hyde 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, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 060-14 ADOPTED by the following vote:

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

130401 [Health Code - Hazardous Materials] Ordinance amending the Health Code to require electronic applications for registration of hazardous materials and for underground storage tanks be filed through the California Environmental Reporting System, to eliminate the requirement that registration of hazardous materials plans include a program for reduction of hazardous materials, and to provide for fee adjustment; 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

130710 [Terms of and Expansion of Scope - Existing Local Agency Formation Commission Positions] Sponsors: Avalos; Campos and Mar Resolution amending the terms of the existing Local Agency Formation Commission (LAFCo) positions by expanding the scope of services for the Senior Program Officer; extending the term of employment additional three years through June 30, 2016; and utilizing the existing LAFCo budget to continue funding this position. Resolution No. 059-14 ADOPTED by the following vote:

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

140103 [Ground Lease - Successor Agency Land - 1751 Carroll Avenue - Bayview Senior Housing] Sponsor: Cohen Resolution approving and authorizing the Successor Agency to the Redevelopment Agency of the City and County of San Francisco to execute a lease of land at 1751 Carroll Avenue (Assessor’s Block No. 5431A, Lot No. 042), with Carroll Avenue Senior Homes, LP, a California limited partnership, for a term of 55 years for the purpose of developing housing for very low-income senior households; adopting findings under the California Environmental Quality Act; and adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 068-14 ADOPTED by the following vote:

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

140128 [Setting the 2014 Budget and Legislative Analyst Services Audit Plan] Sponsors: Breed; Cohen Motion directing the Budget and Legislative Analyst to conduct two performance audits in 2014 and setting the priority as follows: 1) the Fire Department’s allocation of resources to emergency medical services; and 2) the Fire Department’s administrative staffing and strategic planning; and removing from the Budget and Legislative Analyst’s audit plan the Department of Public Health’s compliance with privacy and security regulations as defined by the Health Information Technology for Economic and Clinical Health Act and Health Insurance Portability and Accountability Act, previously approved by the Board of Supervisors. Motion No. M14-027 APPROVED by the following vote:

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

131207 [Environment Code - Bottled Water] Sponsors: Chiu; Mar, Kim and Cohen Ordinance amending the Environment Code to restrict the sale or distribution on City property of drinking water in plastic bottles of 21 ounces or less, set City policy to increase the availability of drinking water in public areas, and bar the use of City funds to purchase bottled water; and making environmental findings. Supervisors Kim 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

ion 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 convening in closed session. There were no speakers. The President declared public comment closed. The Board recessed at the hour of 5:40 p.m. to convene in closed session. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee. Persons in attendance: Ben Rosenfield, Controller; Micki Callahan, Director of Department of Human Resources; Martin Gran, Director of Employee Relations; Kate Howard, Mayor's Budget Director; Jon Givner, Deputy City Attorney; Angela Calvillo, Clerk of the Board; Rick Caldeira, Legislative Deputy Director. Matter was heard in closed session, no action was taken, and the hearing was filed. The Board reconvened at the hour of 6:15 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee. Motion No. M14-028 Supervisor Breed, seconded by Supervisor Mar, moved that this Motion be APPROVED. 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 131 Printed at 9:59 am on 4/15/14 Board of Supervisors Meeting Minutes 3/4/2014 [Elect Not to Disclose] Motion that the Board finds that it is in the best interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Campos, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

140159 [Supporting Senate Bill 1000 (Monning) - Sugar-Sweetened Beverage Safety Warning Act] Sponsors: Mar; Wiener, Cohen, Chiu and Avalos Resolution supporting the Sugar-Sweetened Beverage Safety Warning Act, also known as Senate Bill 1000, authored by Senator Bill Monning, to make California the first state to require health warning labels to be placed on sugary drinks, including sodas, sports drinks, and energy drinks. Resolution No. 072-14 ADOPTED The foregoing items were acted upon by the following vote:

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

Absent: Breed

140170 [Authorizing Preparation of Proponent Ballot Argument and Rebuttal Ballot Argument for Submittal to the Voters at the June 3, 2014, Consolidated Statewide Direct Primary Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 3, 2014, Consolidated Statewide Direct Primary Election. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion 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

Motion authorizing preparation of written Proponent ballot argument and rebuttal ballot argument for submittal to the voters at the June 3, 2014, Consolidated Statewide Direct Primary Election. (Clerk of the Board) Motion No. M14-029 APPROVED AS AMENDED by the following vote:

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