Board of Supervisors Minutes: April 8, 2014

140147 [Approving the 2014 Budget and Legislative Analyst Services Work Plan] Sponsor: Breed Motion approving the Budget and Legislative Analyst services work plan for 2014; allocating hours for calendar year 2014; authorizing the Budget and Legislative Analyst to reallocate up to 20 percent of the hours between service categories based on Board of Supervisors service needs, and requiring Board of Supervisors approval of hours re-allocation greater than 20 percent; establishing performance goals; and setting a date for the 2014 annual performance evaluation of the Budget and Legislative Analyst Joint Venture Partnership. Motion No. M14-048 APPROVED by the following vote:

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

Noes: None

140150 [Administrative Code - Expansion of First Source Hiring Program] Sponsors: Avalos; Breed, Campos, Chiu, Kim, Mar, Wiener, Yee and Cohen Ordinance amending the Administrative Code to add First Source Hiring requirements for developers applying for permits for commercial or residential projects to disclose to the City anticipated entry and apprentice level positions for development projects, anticipated local hires, and anticipated wages; and agree to hiring and retention goals for apprentice level positions. Ordinance No. 047-14 FINALLY PASSED by the following vote:

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

Noes: None

140188 [Appropriation - 2008 Clean and Safe Neighborhood Park Projects - $1,089,249.67 - FY2013-2014] Sponsor: Mayor Ordinance appropriating $1,089,249.67 of surplus proceeds from the sale of General Obligation Bonds for completion of capital improvement projects included in the 2008 Clean and Safe Neighborhood Park Projects to the Port Commission for FY2013-2014. (Fiscal Impact) Ordinance No. 048-14 FINALLY PASSED by the following vote:

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

Noes: None

140035 [Administrative Code - Consumer Price Index Increase - Temporary Tenant Household Dislocation Compensation] Sponsor: Chiu Ordinance amending Administrative Code, Chapter 37, “Residential Rent Stabilization and Arbitration Ordinance,” to implement California Civil Code, Section 1947.9(a)(1)(A), by requiring the Rent Board to annually adjust the daily compensation rate for tenant household temporary dislocation of less than 20 days, according to the Consumer Price Index (CPI). Ordinance No. 044-14 FINALLY PASSED by the following vote:

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

Noes: None

140122 [Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2014] Sponsors: Tang; Mar Ordinance recognizing Small Business Month in May 2014; amending the Planning and Building Codes to retroactively waive fees for the month of May for certain façade improvements; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings, including environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 046-14 FINALLY PASSED by the following vote:

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

Noes: None

eater of the existing rent relocation payment, or the difference between the tenant’s current rent and the prevailing rent for a comparable apartment in San Francisco over a two year period; and allowing a landlord, through a hearing process, to obtain a revised relocation payment obligation based on an undue financial hardship adjustment or recalculated rent differential amount. Angela Calvillo, Clerk of the Board, reiterated the following three motions which were continued with this Ordinance from the prior meeting: Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Yee, seconded by Supervisor Campos, moved to AMEND on Page 4, Lines 14 through 18, as articulated in Supervisor Breed's amendment, relating to hardship adjustment hearings. Supervisor Wiener, seconded by Supervisor Breed, moved to AMEND on Page 4, starting on Line 1, relating to Landlord hardship provisions. Supervisor Yee withdrew his above referenced motion. Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote:

Ayes: Breed, Farrell, Tang, Wiener

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

Supervisor Breed, seconded by Supervisor Yee, moved that this Ordinance be AMENDED on Page 4, Lines 14 through 18, by adding 'At such a hearing, the Board, or its designated Administrative Law Judges, shall consider all relevant factors, including the number of units in the building and any evidence submitted regarding the landlord's age, length of ownership of the building, ownership of any other buildings, income, expenses, other assets, debt, health, and health care costs.' 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 211 Printed at 4:54 pm on 5/16/14 Board of Supervisors Meeting Minutes 4/8/2014 Privilege of the floor was granted to Delene Wolf, Executive Director of the Rent Board, and Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Wiener withdrew his above referenced motion and substituted the following motion. Supervisor Wiener, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 4, Lines 8 through 21, relating to Landlord hardship provisions. The motion FAILED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

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

Supervisor Wiener, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 4, beginning on Line 4, by adding '(ii) At a hearing for hardship adjustment under Subsection (i), the Board, or its designated Administrative Law Judges, shall consider all relevant factors, including the number of units in the building and any evidence submitted regarding the landlord's age, length of ownership of the building, ownership of any other buildings, income, expenses, other assets, debt, health, and health care costs, except as provided in Subsection (iii), (iii) At a hearing for hardship adjustment under Subsection (i), the Board or its designated Administrative Law Judges, shall not consider any of the following types of assets owned by the landlord: a. Assets held in retirement accounts; and b. Non-liquid personal property.' The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Chiu, Kim, Mar

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Farrell, Tang

ision Codes - Legalization of Dwelling Units Installed Without a Permit] Sponsors: Chiu; Wiener, Avalos, Mar, Breed and Cohen Ordinance amending the Planning and Building Codes to provide a process for granting legal status to existing dwelling units constructed without the required permits, temporarily suspending the code enforcement process for units in the process of receiving legal status, and prohibiting units from being legalized under the provisions of this Ordinance if there have been no-fault evictions; amending the Administrative Code to prohibit the costs of legalization from being passed through to the tenant; amending the Subdivision Code to prohibit legalized units from being subdivided and separately sold; affirming the Planning Department’s California Environmental Quality Act determination; making findings of consistency with the General Plan, and the priority policies of Planning Code, Section 101.1; and directing the Clerk of the Board of Supervisors to submit this Ordinance to the California Department of Housing and Community Development in accordance with California Government Code, Section 65852.2(h). Ordinance No. 043-14 FINALLY PASSED by the following vote:

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

Noes: Tang, Yee

140084 [Administrative Code - Jail Inmate Health Insurance Enrollment] Ordinance amending the Administrative Code, to designate the Sheriff as the entity to assist county jail inmates with submitting an application for a health insurance affordability program consistent with federal requirements. (Sheriff) Ordinance No. 045-14 FINALLY PASSED by the following vote:

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

Noes: None

140034 [Waiving Competitive Solicitation Requirement to Procure Partial Design Documents - Professional Services Agreement - Geneva Car Barn and Powerhouse Project - Aidlin Darling Design - $837,863] Sponsor: Avalos Ordinance waiving the competitive solicitation requirement under Administrative Code, Section 6.40, and authorizing the General Manager of the Recreation and Park Department to enter into a professional services agreement with Aidlin Darling Design in the amount of $837,863, for the purpose of completing design development documents and partial completion of construction documents for the Geneva Car Barn and Powerhouse project, and to amend the agreement as necessary to complete final (100 percent) construction documents, to commence following Board approval. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

140032 [Collective Bargaining Agreement, Arbitration Award - International Brotherhood of Electrical Workers, Local 6 - FY2013-2014] Sponsor: Mayor Ordinance adopting and implementing the Arbitration Award amending Amendment No. 2 to the 2012-2014 Collective Bargaining Agreement between the City and County of San Francisco and the International Brotherhood of Electrical Workers, Local 6, by implementing special terms and conditions of employment for FY2013-2014. PASSED, ON FIRST READING by the following vote:

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

Noes: None

arcel in the Castro Street Neighborhood Commercial District and within 1,750 feet of the District boundaries, excluding any lot within an RH-1(D) zoning district or any lot within 500 feet of Block No. 2623, Lot Nos. 116 through 154; authorizing the Zoning Administrator to waive density and other Planning Code requirements in order to create the In-Law Units, and requiring the Department to monitor rents and publish a report evaluating the effectiveness of the ordinance; amending the Administrative Code to provide that an In-Law Unit constructed with a waiver of Code requirements shall be subject to the provisions of the San Francisco Residential Rent Stabilization and Arbitration Ordinance if the existing building or any existing dwelling unit is already subject to the Rent Ordinance; making environmental findings and findings, of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and directing the Clerk to send a copy of this Ordinance to the California Department of Housing and Community Development, in accordance with State law. Supervisor Chiu requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

Noes: None

140148 [Street Encroachment - 1410 Stanyan Street] Resolution granting revocable permission to Kieran J. Woods to occupy a portion of the public right-of-way to construct and maintain various improvements, including a driveway, associated retaining wall, a vehicular carousel to provide access to a proposed new single family dwelling at 1410 Stanyan Street (Assessor’s Block No. 2706, Lot No. 035), landscaping, stairs leading to a public sitting area, and other related improvements within an existing unimproved portion of Stanyan Street between Clarendon and Mountain Spring Avenues; conditioning the permit; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works Department) Supervisor Yee, seconded by Supervisor Breed, moved that this Resolution be CONTINUED to April 15, 2014. The motion carried by the following vote:

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

Noes: None

ft Avenue to the south, and Griffith Street to the west, including submerged areas; ordering the vacation of portions of streets along with public service easements that may exist within the Candlestick Point Redevelopment Plan area, generally bounded by Underwood Avenue, Arelious Walker Drive, Gilman Avenue, Donahue Street, Carroll Avenue, Alvord Street, Fitzgerald Avenue, the City and County of San Francisco County Line, Harney Way, Ingerson Avenue, and Hawes Street, including submerged areas; ordering the conditional vacation of portions of Griffith Street, Nichols Way, Cameron Way, Doublerock Street, Giants Drive, Hunters Point Expressway, Jamestown Avenue, Gilman Avenue, and Crisp Road for various purposes; reserving various easement rights in favor of the City and third party utilities, subject to conditions specified in this Ordinance; adopting findings under the California Environmental Quality Act; adopting findings that the vacations are consistent with the Redevelopment Plans and the City's General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing actions in furtherance of this Ordinance. PASSED ON FIRST READING by the following vote:

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

Noes: None

140194 [Successor Agency to the Former Redevelopment Agency - Fifth Amendment to Mission Bay North Owner Participation Agreement] Sponsor: Kim Resolution of the Board of Supervisors, acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, to conditionally approve a Fifth Amendment to the Mission Bay North Owner Participation Agreement and to permit a feasible rental project with market rate and affordable moderate-income units available to households earning no more than 90% of the area median income on Block No. N4P3, bound by Berry Street to the south and the I-280 off-ramp to the north, in the Mission Bay North Redevelopment Project Area; and making environmental findings under the California Environmental Quality Act. Resolution No. 112-14 ADOPTED by the following vote:

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

Noes: None

140255 [Public Hearing - Appeal of Tentative Parcel Map - 738 Mission Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated March 4, 2014, approving a Tentative Parcel Map for a 4-lot subdivision located at 738 Mission Street, Assessor’s Block No. 3706, Lot No. 277. (District No. 6) (Appellants: Thomas N. Lippe, on behalf of 765 Market Street Residential Owners Association, the Friends of Yerba Buena, Paul Sedway, Ron Wornick, Matthew Schoenberg, Joe Fang, and Margaret Collins) (Filed March 14, 2014). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Walter Paulson; spoke in support of the proposed continuance. There were no other speakers. Supervisor Kim, seconded by Supervisor Yee, moved that this Hearing be CONTINUED open to May 6, 2014. The motion carried by the following vote:

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

Noes: None

140256 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 738 Mission Street] Motion approving the decision of the Department of Public Works and approving the Tentative Parcel Map for a 4-lot subdivision located at 738 Mission Street, Assessor’s Block No. 3706, Lot No. 277; making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be CONTINUED to May 6, 2014. The motion carried by the following vote:

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

Noes: None

140257 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 738 Mission Street] Motion disapproving the decision of the Department of Public Works and disapproving the Tentative Parcel Map for a 4-lot subdivision located at 738 Mission Street, Assessor’s Block No. 3706, Lot No. 277; making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be CONTINUED to May 6, 2014. The motion carried by the following vote:

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

Noes: None

140258 [Preparation of Findings Related to the Tentative Parcel Map - 738 Mission Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 4-lot subdivision located at 738 Mission Street, Assessor’s Block No. 3706, Lot No. 277. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be CONTINUED to May 6, 2014. The motion carried by the following vote:

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

Noes: None

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 convening in closed session. There were no speakers. The President declared public comment closed. The Board recessed at the hour of 4:55 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; Kate Howard, Mayor's Budget Director; Jon Givner, Deputy City Attorney; Angela Calvillo, Clerk of the Board; and 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 5:23 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee. Motion No. M14-049 Supervisor Mar, seconded by Supervisor Campos, 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

Noes: None

[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 Mar, 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

Noes: None

140325 [Concurring in the Continuation of the Revised Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area)] Motion concurring in the continuation of the “Rim Fire” Revised Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board) Motion No. M14-052 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

140321 [Urging the California State Legislature to Pass Senate Constitutional Amendment 5 and Send It to the Voters] Sponsors: Breed; Campos, Kim and Wiener Resolution urging the California State Legislature to pass Senate Constitutional Amendment 5 that would, with voter approval, amend the State Constitution and overturn the ban on using affirmative action criteria for recruitment and admissions to state institutions of higher education. Supervisor Breed, seconded by Supervisor Wiener, AMENDED on Page 1, beginning on Line 20, by adding 'WHEREAS, While the absolute enrollment numbers for underrepresented students has risen, the proportion of underrepresented students, particularly African-Americans and Latinos, is now far below their percentages in the California population, according to U.S. Census data; and'; and on Page 2, Lines 14-15, by deleting 'under a standard of "strict scrutiny,". The motion carried by the following vote:

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

Noes: None

Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 113-14 ADOPTED AS AMENDED by the following vote:

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

Noes: None