Board of Supervisors Minutes: May 6, 2014

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. Ordinance No. 066-14 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mar

140379 [Appropriation and De-Appropriation - Surplus Expenditures of $420,993 Supporting Increased Overtime Expenditures - FY2013-2014] Sponsor: Mayor Ordinance appropriating $420,993 to overtime and de-appropriating $420,993 consisting of $219,359 in salaries and $201,634 in contingency savings plan in the Department of Emergency Management’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

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

Noes: None

Absent: Mar

140233 [Public Employment - Amendment to the Annual Salary Ordinance for the Human Services Agency - FYs 2013-2014 and 2014-2015] Sponsors: Mayor; Farrell Ordinance amending Ordinance No. 160-13 (Annual Salary Ordinance FYs 2013-2014 and 2014-2015) to reflect the addition of 53 new positions (8.85 FTEs in FY2013-14) at the Human Services Agency for implementation of additional work associated with increased State and Federal funding. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

140339 [Accept and Expend Grant - Encouraging Innovation: Field-Initiated Programs, Bureau of Justice Assistance - Amendment to the Annual Salary Ordinance - $395,231] Sponsor: Kim Ordinance retroactively authorizing the San Francisco Public Defender’s Office (PDR) to accept and expend a grant in the amount of $395,231 from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance to create the first local and nationally applicable checklist system to better guide attorneys through key moments in cases, ensuring competent representation and avoiding costly errors; and amending Ordinance No. 160-13 (Annual Salary Ordinance, FY2013-2014) to reflect the addition of one Class 8173 Legal Assistant grant-funded position (0.50 FTE) at the PDR for the period of October 1, 2013, through September 30, 2016. PASSED, ON FIRST READING by the following vote:

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

Noes: None

140417 [Apply for, Accept, and Expend Grant - HOME Investment Partnership Program - FY2014-2015 - $4,274,293] Sponsor: Mayor Resolution approving the FY2014-2015 HOME Investment Partnership (HOME) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2014-2015 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $4,244,293 and to expend Program Income in the amount of $30,000 for a combined total of $4,274,293 for the term of July 1, 2014, through June 30, 2019. (Fiscal Impact) Resolution No. 141-14 ADOPTED by the following vote:

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

Noes: None

140418 [Apply for, Accept, and Expend Grant - Housing Opportunities for Persons with AIDS Program - FY2014-2015 - $8,889,789] Sponsors: Mayor; Wiener and Campos Resolution approving the FY2014-2015 Housing Opportunities for Persons with AIDS (HOPWA) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2014-2015 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $8,241,932 and to expend program income and reprogrammed funds in the amount of $647,857 for a combined total of $8,889,789 for the period of July 1, 2014, through June 30, 2019. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 142-14 ADOPTED by the following vote:

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

Noes: None

140419 [Apply for, Accept, and Expend Grant - Emergency Solutions Grants Program - FY2014-2015 - $1,393,730] Sponsor: Mayor Resolution approving the FY2014-2015 Emergency Solutions Grants Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2014-2015 Emergency Solutions Grants Program entitlement in the amount of $1,393,730 from the U.S. Department of Housing and Urban Development, for an unspecified period starting July 1, 2014. Resolution No. 143-14 ADOPTED by the following vote:

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

Noes: None

140420 [Apply for, Accept, and Expend Grant - Community Development Block Grant - FY2014-2015 - $20,090,918] Sponsor: Mayor Resolution approving the FY2014-2015 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2014-2015 CDBG Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $16,627,564 and to expend program income and reprogrammed funds in the amount of $3,463,354 for a combined total of $20,090,918 for a period beginning July 1, 2014, without an expiration date. Resolution No. 144-14 ADOPTED by the following vote:

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

Noes: None

140261 [Park, Police, Public Works Codes - Graffiti Prevention and Abatement] Sponsors: Breed; Farrell, Wiener, Tang and Chiu Ordinance amending the Police Code to ban convicted graffiti offenders from bringing graffiti and etching tools, etching cream, and slap tags into parks or on Municipal Transportation Agency vehicles; amending the Park Code to ban possession of graffiti and etching tools, etching cream, and slap tags in parks; amending the Public Works Code to extend the administrative process and potential administrative remedies to graffiti offenses committed on public property; amending the Public Works Code to permit the City to pursue civil remedies, including injunctive relief, civil penalties, attorney's fees, and repayment of abatement costs, against graffiti offenders; and making uncodified findings. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED on Page 1, Lines 20 and 21, by adding 'vandalism' after 'Graffiti.' The motion carried by the following vote:

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

Noes: None

Supervisor Kim, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 2, Line 1, by deleting 'create this disorder'. 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 299 Printed at 1:48 pm on 7/16/14 Board of Supervisors Meeting Minutes 5/6/2014 Supervisor Kim, seconded by Supervisor Breed, following a friendly amendment by Supervisor Breed, moved that this Ordinance be AMENDED on Page 6, Line 16, by adding 'including but not limited to restorage justice outcomes such as community service and/or repair of affected properties.' The motion carried by the following vote:

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

Noes: None

Supervisor Kim, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 7, Line 2, by replacing 'ten' with 'seven.' The motion carried by the following vote:

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

Noes: None

Supervisor Campos requested to be added as a co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

131205 [Planning Code - Production, Distribution, and Repair Zoning] Sponsors: Mayor; Cohen, Campos, Chiu, Wiener and Mar Ordinance amending the Planning Code to address various revisions to Production, Distribution, and Repair Zoning (PDR), integrated PDR, and small enterprise workplace zoning controls to facilitate the establishment of such uses; amending the Administrative Code to delete requirements concerning reporting on integrated PDR; 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

Noes: None

140287 [Adding the Name “Rescue Row” to Alabama Street Between 15th and 16th Streets] Sponsors: Campos; Wiener, Kim and Cohen Resolution adding the name “Rescue Row” on Alabama Street between 15th and 16th Streets in recognition of the animal services organizations. Resolution No. 150-14 ADOPTED by the following vote:

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

Noes: None

inance 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 release of reserve relating to homeless outreach services as referenced in Ordinance No. 42-14 (File No. 140121). Supervisor Farrell made some opening remarks. Maria Martinez (Department of Public Health) provided an overview of the request for release of reserves and responded to questions raised throughout the discussion. Ray Hartz (San Francisco Open Government); Peter Warfield (Library User's Association); Espinola Jackson; spoke in opposition of the release of reserves. 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. HEARD AND RELEASED Committee of the Whole Adjourn and Report RELEASE OF RESERVE Supervisor Farrell, seconded by Supervisor Mar, moved to release $1,387,500 placed on Board of Supervisors' reserve for the Department of Public Health for homeless outreach services. The motion carried by the following vote:

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

Noes: Tang

140292 [Multifamily Housing Revenue Bonds - Transbay/Block 6 Project - Not to Exceed $15,000,000] Sponsor: Kim Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $15,000,000 for the purpose of providing financing for the acquisition and construction of a 70-unit multifamily rental housing project known as Transbay/Block 6 Project; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. Resolution No. 130-14 ADOPTED by the following vote:

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

Noes: None

140293 [Air Rights Lease - Mercy Housing California 62, LP - 280 Beale Street - Transbay Block 6 Affordable Housing] Sponsor: Kim Resolution approving and authorizing the Successor Agency to the Redevelopment Agency of the City and County of San Francisco to execute an Air Rights Lease of a parcel at 280 Beale Street, with Mercy Housing California 62, LP, a California limited partnership, for a term of 75 years commencing on Board approval, for the purpose of developing housing for very low-income households. Resolution No. 131-14 ADOPTED by the following vote:

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

Noes: None

acting in its capacity as the legislative body to the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco approving provisions in 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. The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to a proposed continuance for File Nos. 140425 and 140426. Dr. Espinola Jackson; expressed various concerns and spoke neither in support nor opposition to the proposed continuance. 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 Wiener, moved that this Hearing be CONTINUED to May 13, 2014, as a Special Order at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

140426 [Consent to Provisions - Regents of the University of California - Mission Bay South Agreements Related to Affordable Housing] Sponsor: Kim Resolution of the Board of Supervisors acting in its capacity as the legislative body to the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco approving provisions in 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. Supervisor Kim, seconded by Supervisor Wiener, moved that this Resolution be CONTINUED to May 13, 2014, as a Special Order at 3:00 p.m. The motion carried 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. There were no speakers. Supervisor Kim, seconded by Supervisor Cohen, moved that this Hearing be CONTINUED to May 20, 2014. The motion carried by the following vote:

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

Noes: None

Supervisor Cohen, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Kim, seconded by Supervisor Cohen, moved that this Hearing be CONTINUED open to May 20, 2014, as a Special Order at 3:00 p.m. 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 Cohen, moved that this Motion be CONTINUED to May 20, 2014, as a Special Order at 3:00 p.m. 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 Cohen, moved that this Motion be CONTINUED to May 20, 2014, as a Special Order at 3:00 p.m. 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 Cohen, moved that this Motion be CONTINUED to May 20, 2014, as a Special Order at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

remy D. Herzog) (Filed April 9, 2014). The President inquired as to whether any member of the public wished to address the Board. Jeremy Herzog (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. There were no speakers in support of the appeal. Bruce Storrs, City and County Surveyor, and Aaron Starr (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Guillermo Loyola (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. There were no speakers in support of the project and in opposition to the appeal. Jeremy Herzog (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. Supervisor Breed, seconded by Supervisor Kim, moved to recind the closing of the public hearing and re-open the public hearing. The motion carried by the following vote:

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

Noes: None

Jeremy Herzog (Appellant) and Guillermo Loyola (Project Sponsors) responded to questions raised through the discussion. There were no other speakers. Supervisor Breed, seconded by Supervisor Kim, moved that this Hearing be CONTINUED open to June 3, 2014, as a Special Order at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

140356 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 653-655 Fell Street] Motion approving the decision of the Department of Public Works and approving the Tentative Parcel Map for a 2-lot subdivision located at 653-655 Fell Street, Assessor’s Block No. 0829, Lot No. 024; making environmental findings and findings of consistency with the City's General Plan and eight priority policies of San Francisco Planning Code, Section 101.1. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Kim, moved that this Motion be CONTINUED to June 3, 2014, as a Special Order at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

140357 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 653-655 Fell Street] Motion disapproving the decision of the Department of Public Works and disapproving the Tentative Parcel Map for a 2-lot subdivision located at 653-655 Fell Street, Assessor’s Block No. 0829, Lot No. 024; making environmental findings and findings of consistency with the City's General Plan, and eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Kim, moved that this Motion be CONTINUED to June 3, 2014, as a Special Order at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

140358 [Preparation of Findings Related to the Tentative Parcel Map - 653-655 Fell 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 2-lot subdivision located at 653-655 Fell Street, Assessor’s Block No. 0829, Lot No. 024. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Kim, moved that this Motion be CONTINUED to June 3, 2014, as a Special Order at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

140452 [Resolution of Intent - Street Vacation - Quint Street Railroad Crossing Improvement Project - Quint Street, McKinnon Ave and Newcomb Ave] Sponsor: Cohen Resolution declaring the intention of the Board of Supervisors to vacate a portion of Quint Street, McKinnon Avenue, Newcomb Avenue as a part of the Quint Street Railroad Crossing Improvement Project; and setting a hearing date of June 3, 2014, for all persons interested in the proposed vacation of said street areas. Resolution No. 145-14 ADOPTED by the following vote:

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

Noes: None

140440 [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. Motion No. M14-079 APPROVED City and County of San Francisco Page 309 Printed at 1:48 pm on 7/16/14 Board of Supervisors Meeting Minutes 5/6/2014 The foregoing items were acted upon by the following vote:

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

Noes: None

140475 [Wah Mei School Day - May 9, 2014] Sponsors: Mar; Chiu, Yee and Tang Resolution declaring May 9, 2014, as Wah Mei School Day and recognizing the 40th anniversary of the school in the City and County of San Francisco. Resolution No. 149-14 ADOPTED by the following vote:

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

Noes: None