Board of Supervisors Minutes: April 29, 2014

140362 [Appointment, Shelter Monitoring Committee - Michael Kirkland] Motion appointing Michael Kirkland, term ending November 23, 2014, to the Shelter Monitoring Committee. (Rules Committee) Motion No. M14-069 APPROVED The foregoing items were acted upon by the following vote:

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

140232 [Appropriation - Airport Commission - Capital Improvement Projects - $1,969,830,773 - FY2013-2014] Sponsor: Mayor Ordinance appropriating $1,969,830,773 of proceeds from the sale of bonds for capital improvement projects to the Airport Commission for FY2013-2014, placing $30,204,929 of the appropriation for the Plot 700 Development Project on Budget and Finance Committee reserve pending approval by the Board of Supervisors of the CEQA findings for this project, and placing the total appropriation of $1,969,830,773 on Controller’s Reserve pending sale of the bonds. (Fiscal Impact) Ordinance No. 064-14 FINALLY PASSED by the following vote:

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

140318 [Public Works Code - Waiver of Temporary Street Space Occupancy Permit Fee for Small Business Week Sidewalk Sales] Sponsors: Tang; Mar Ordinance waiving the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy permits on certain designated City streets on Saturday, May 10, 2014, Saturday, May 17, 2014, and Saturday, June 21, 2014, as part of Small Business Week Sidewalk Sales. Ordinance No. 062-14 FINALLY PASSED by the following vote:

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

131146 [Subdivision Code - Condominium Conversion Fee Appeals and Fee Deferral] Sponsor: Breed Ordinance amending the Subdivision Code to authorize the Clerk of the Board of Supervisors to reject appeals of the condominium conversion fee when the appeal does not challenge the relationship or nexus between the impact of development and the amount of the fee charged, to modify the fee deferral process administered by the Department of Public Works, to allow conversions to proceed with a gap in ownership occupancy due to foreclosure, and affirming the Planning Department’s California Environmental Quality Act determination. Ordinance No. 065-14 FINALLY PASSED by the following vote:

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

140377 [Appropriation and De-Appropriation - Surplus Expenditures of $1,712,732 Supporting Increased Overtime Expenditures - FY2013-2014] Sponsor: Mayor Ordinance appropriating $1,712,732 to overtime and de-appropriating $1,712,732 consisting of $1,322,877 in salaries and $389,855 in fringe benefits in the Fire Department’s Operating Budget in order to support the Department’s projected increases in overtime as required per Ordinance No. 194-11 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

140378 [Appropriation and De-Appropriation - Surplus Expenditures of $115,883 Supporting Increased Overtime Expenditures - FY2013-2014] Sponsor: Mayor Ordinance appropriating $115,883 to overtime and de-appropriating $115,883 in food expenses in the Sheriff Department’s Operating Budget in order to support the Department’s projected increases in overtime as required per Ordinance No. 194-11 in FY2013-2014. PASSED, ON FIRST READING by the following vote:

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

140234 [Appropriation - Human Services Agency - Increased Revenues and Expenditures - $31,391,392 - FY2013-2014] Sponsors: Mayor; Farrell Ordinance appropriating $31,391,392 of In-Home Supportive Services, CalWORKs, and other State and Federal revenue to the Human Services Agency in order to support In-Home Supportive Services, CalWORKs, and other program expenditures 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

140288 [Lease of Real Property - North Beach Retail Associates, LLC - 2449 and 2450 Taylor Street - Initial Annual Rate $7,920] Sponsor: Chiu Resolution retroactively approving a lease between North Beach Retail Associates, LLC, as landlord, and the City and County of San Francisco, acting by and through the San Francisco Municipal Transportation Agency (SFMTA), as tenant, for certain premises at 2449 and 2450 Taylor Street, for a ten-year term to commence retroactively on January 1, 2014, through December 31, 2023, with a ten-year option at an initial annual lease rate of $7,920 with annual increases, for use as a SFMTA ticket sales room, restroom, and break room for Muni operators and other authorized Muni and City personnel. Resolution No. 132-14 ADOPTED by the following vote:

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

140310 [Finding of Fiscal Feasibility - Hall of Justice Jail Replacement] Resolution finding the proposed Hall of Justice Jail Replacement Project is fiscally feasible pursuant to Administrative Code, Chapter 29. (Public Works Department) (Fiscal Impact) Resolution No. 133-14 ADOPTED by the following vote:

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

Noes: Breed, Campos, Kim

140342 [Revenue Bonds - Port Commission - Capital Improvements - Up to $30,000,000] Sponsor: Chiu Resolution authorizing the issuance of up to $30,000,000 aggregate principal amount of Port Revenue Bonds for the purpose of financing or refinancing certain capital improvements related to the Port; approving the forms of documents relating thereto; approving maximum interest thereon; approving the issuance of Tax-Exempt Bonds (as defined herein) in accordance with Internal Revenue Code, Section 147(f), following a public hearing with the Director of Public Finance; and related matters. Resolution No. 134-14 ADOPTED by the following vote:

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

140097 [Planning Code - Medical Cannabis Dispensaries - Ocean Avenue Neighborhood Commercial Transit District] Sponsor: Yee Ordinance amending the Planning Code to require that, in the Ocean Avenue Neighborhood Commercial Transit District, a Medical Cannabis Dispensary (MCD) may be allowed within 500 feet of another MCD as a conditional use, provided that no other Citywide regulation governing the proximity of MCDs to each other becomes law; affirming the Planning Department’s California Environmental Quality Act determination; and making 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, Kim, Mar, Tang, Wiener, Yee

140411 [Accept and Expend Grant - Nob Hill Foundation - $350,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept and expend a grant, of up to $350,000 from the Nob Hill Foundation, for the design and construction of a renovated playground in Huntington Park, for a three-year term, to commence upon Board approval. Resolution No. 135-14 ADOPTED by the following vote:

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

130390 [Liquor License - 300 Kearny Street] Resolution determining that the issuance of a Type 21 off-sale general license to Mouhannad Mannaa and Jim Saxton for Financial District Fine Wine, Inc., located at 300 Kearny 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. (Neighborhood Services and Safety Committee) Resolution No. 136-14 ADOPTED by the following vote:

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

140336 [Reappointment, Police Commission - Joseph Marshall] Sponsor: Mayor Motion confirming the Mayor's nomination of, and reappointing, Joseph Marshall, for a term ending April 30, 2018, to the Police Commission. Motion No. M14-070 APPROVED by the following vote:

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

140337 [Reappointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman] Sponsor: Mayor Motion confirming the Mayor's reappointment of Cheryl Brinkman, for a term ending March 1, 2018, to the Municipal Transportation Agency Board of Directors. Motion No. M14-071 APPROVED by the following vote:

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

140359 [Appointment, Police Commission - Victor Hwang] Motion appointing Angela Chan, term ending April 30, 2018, to the Police Commission. (Rules Committee) Supervisor Tang, seconded by Supervisor Kim, moved to strike 'Angela Chan' and AMEND by adding 'Victor Hwang'. The motion carried by the following vote:

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

Noes: Avalos, Campos, Mar, Yee

Motion appointing Victor Hwang, term ending April 30, 2018, to the Police Commission. (Rules Committee) Motion No. M14-072 APPROVED AS AMENDED by the following vote:

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

140390 [Hearing - Homeless Outreach Services - FY2013-2014 - $1,387,500] Hearing to consider the release of funds placed on reserve by Ordinance No. 42-14 (File No. 140121) in the amount of $1,387,500 for Homeless Outreach Services in FY2013-2014. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to the proposed continuance. Ray Hartz (San Francisco Open Government); spoke in support of the proposed continuance and in opposition to the appropriation. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. Supervisor Farrell, seconded by Supervisor Cohen, moved that this Hearing 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

140392 [Hearing - Nonprofit Rent Stabilization Program - FY2013-2014 - $4,515,000] Hearing to consider the release of funds placed on reserve by Ordinance No. 33-14 (File No. 140008) in the amount of $4,515,000 for Nonprofit Rent Stabilization services in FY2013-2014. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to the proposed continuance. Ray Hartz (San Francisco Open Government); spoke in support of the proposed continuance and in opposition to the appropriation. Anthony Williams (Meredian Gallery); Male Speaker; Danny Benitiz; Dr. Howard Whitehouse; spoke in support of the appropriation. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. Supervisor Kim, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to May 13, 2014. The motion carried by the following vote:

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

140424 [Committee of the Whole - Consent to Provisions in Mission Bay South Agreements Related to Affordable Housing] Sponsor: Kim Motion scheduling the Board of Supervisors, acting in its capacity as the legislative body of the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, on May 6, 2014, at 3:00 p.m., to hold a public hearing to consent to provisions in Mission Bay South agreements as they relate to affordable housing obligations that would effectuate the transfer of Block Nos. 33 and 34 in the Mission Bay South Plan Area to the Regents of the University of California for the future development of up to 500,000 gross square feet in the Mission Bay South Redevelopment Project Area; and making environmental findings under the California Environmental Quality Act. Motion No. M14-075 APPROVED The foregoing items were acted upon by the following vote:

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

140430 [Urging the Creation of a Late Night Transportation Working Group] Sponsors: Wiener; Mar and Chiu Resolution urging the Entertainment Commission and the Office of Economic and Workforce Development to convene and co-chair a Late Night Transportation Working Group, with the express purpose of creating a Late Night Integrated Transportation Plan to improve late night transportation options for San Francisco residents, workers, and visitors. Supervisors Mar and Chiu requested to be added as co-sponsors. Resolution No. 140-14 ADOPTED by the following vote:

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

140391 [Committee of the Whole - Release of Reserve - Nonprofit Rent Stabilization Program - FY2013-2014 - $4,515,000] Sponsors: Chiu; Kim, Avalos, Mar and Campos Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on Tuesday, April 29, 2014, at 3:00 p.m., to consider the release of funds placed on reserve by Ordinance No. 33-14 (File No. 140008) in the amount of $4,515,000 for Nonprofit Rent Stabilization services in FY2013-2014. Supervisor Campos, seconded by Supervisor Farrell, moved that this Motion be AMENDED to change 'April 29, 2014' to 'May 13, 2014' . The motion carried by the following vote:

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

Motion No. M14-076 APPROVED AS AMENDED by the following vote:

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

140431 [Records Retention and Destruction Schedule] Motion approving the Board of Supervisors revised Records Retention Schedule and Records Retention and Destruction Policy and authorizing the Clerk of the Board to adjust the schedule to increase retention periods and requiring Board approval for additions and/or reduction in retention periods. (Clerk of the Board) Motion No. M14-077 APPROVED by the following vote:

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