Board of Supervisors Minutes: May 13, 2014

140437 [Appointment, SRO Task Force - Bruce Burge] Motion appointing Bruce Burge (residency requirement waived), term ending December 31, 2015, to the SRO Task Force. (Rules Committee) Motion No. M14-082 APPROVED The foregoing items were acted upon by the following vote:

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

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) Ordinance No. 074-14 FINALLY PASSED by the following vote:

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

140261 [Park, Police, Public Works Codes - Graffiti Prevention and Abatement] Sponsors: Breed; Farrell, Wiener, Tang, Chiu and Campos 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. Ordinance No. 072-14 FINALLY PASSED by the following vote:

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

140380 [Accept and Expend Grant - Small Business Development Center Program - Amendment to the Annual Salary Ordinance - $150,000] Sponsor: Mayor Ordinance retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $150,000 from the Humboldt State University Sponsored Programs Foundation to host the San Francisco Small Business Development Center for the period of February 1, 2014, through December 31, 2014; and amending Ordinance No. 160-13 (Annual Salary Ordinance, FY2013-14 and FY2014-2015) to reflect addition of one (1) Class 9775 Senior Community Development Specialist II grant-funded position (0.17 FTE) in the Office of Economic and Workforce Development. PASSED, ON FIRST READING by the following vote:

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

131156 [Accept and Expend Grant - Creeks to Peaks Connector Trails Project - $130,679] Sponsor: Wiener Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of $130,679, for the period of July 1, 2013, through June 30, 2033, from the California Department of Parks and Recreation’s Habitat Conservation Fund to support the development of the Creeks to Peaks Connector Trails Project in Twin Peaks and Glen Canyon Park. Resolution No. 152-14 ADOPTED by the following vote:

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

140093 [Contract Amendment and Property Use License - TEGSCO, LLC - San Francisco AutoReturn Towing] Resolution approving the first amendment to the amended and restated Towing Agreement and Property Use License for towing, storage and disposal of abandoned and illegally parked vehicles, between the San Francisco Municipal Transportation Agency and TEGSCO, LLC, dba San Francisco AutoReturn, which shall be effective retroactive to May 1, 2013, and through July 31, 2015. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 153-14 ADOPTED by the following vote:

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

140249 [Real Property Lease Renewal - Ruth Mellinger - 70 Oak Grove Street - $37,208.33 Monthly] Resolution authorizing the exercise of an option to extend the lease of 10,000 sq. ft. at 70 Oak Grove with Ruth Mellinger, for five years for use by the Sheriff’s Department at $37,208.33 monthly for the period of May 31, 2014 through May 30, 2019. (Real Estate Department) Resolution No. 156-14 ADOPTED by the following vote:

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

140286 [Accept and Expend Grant - Department of Adult Probation - Probation Specialized Supervision Program - $100,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Adult Probation to accept and expend a grant in the amount of $100,000 from the California Emergency Management Agency for Probation Specialized Supervision Program federally funded through the Violence Against Women Act for the period of October 1, 2013, through September 30, 2014. Resolution No. 157-14 ADOPTED by the following vote:

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

140309 [Real Property Lease Amendment - Autodesk, Inc. - Pier 9] Resolution approving the Port Commission’s Third Amendment to Lease No. L-15169 with Autodesk, Inc., a Delaware corporation, for the lease of unimproved shed space at Pier 9 in the Northern Waterfront with a 111 month term, to commence upon Board approval through January 15, 2023. (Port) (Fiscal Impact) Resolution No. 158-14 ADOPTED by the following vote:

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

140374 [Lease Agreement - Federal Express Corporation - Airport Building 900 - Minimum Rent of $6,817,955] Resolution approving and authorizing the execution of a Lease Agreement for Cargo Building 900 and related areas on Plot 50 No. L14-0054 between Federal Express Corporation and the City and County of San Francisco, acting by and through its Airport Commission, for a minimum rent of $6,817,955 for a term of five years commencing upon the first day of the month following full City approval but no earlier than July 1, 2014, with one option to extend the term for an additional five years. (Airport Commission) Resolution No. 160-14 ADOPTED by the following vote:

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

140410 [Agreement - Use of Fast Pass on BART] Resolution approving the Special Transit Fare (Fast Pass®) Agreement between the City and County of San Francisco and the Bay Area Rapid Transit District, with a term of July 1, 2014, through June 30, 2020, and a not to exceed amount of $74,821,040. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 161-14 ADOPTED by the following vote:

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

fornia 57 - 1500 Page Street] Sponsor: Breed Resolution authorizing the execution and performance of a Transfer Agreement in the amount of $4,558,269 which expires on June 30, 2014 between the City and County of San Francisco and 1500 Page Street, LLC, a California limited liability company, for the transfer of real property and improvements located at 1500 Page Street, San Francisco, for the development of 16 units of affordable housing for persons with developmental disabilities and one manager’s unit; authorizing the execution and performance of an Option to Ground Lease in the amount of $0 which expires on June 30, 2015 and a Ground Lease in the amount of $1 annual base rent for so long as HUD is senior lender and 10% of fair market value at all times thereafter bearing a 75 year term and one 24 year extension between the City and County of San Francisco and Mercy Housing California 57, a California limited partnership; 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. Resolution No. 162-14 ADOPTED by the following vote:

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

130217 [Liquor License Transfer - 1097 Howard Street] Resolution determining that the transfer of a Type 42 off-sale beer and wine, person-to-person and premise-to-premise, license from 1097 Howard Street, Unit 209, to 1097 Howard Street, Unit 101 (District 6), to William Marci for the San Francisco Champagne Society, LLC, will serve the public convenience and 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. 151-14 ADOPTED by the following vote:

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

140221 [Liquor License Transfer - 256 Columbus Avenue] Resolution determining that the transfer of a Type 48 on-sale general public premises license from 43-6th Street to 256 Columbus Avenue (District 3), to Brian Sheehy for Future Bars, Inc., 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. Resolution No. 154-14 ADOPTED by the following vote:

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

140223 [Liquor License Transfer - 90 Natoma Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license from 10-16 California Street to 90 Natoma Street (District 6) to Dennis Leary for Alcyone, LLC, dba Natoma Cabana, 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. 155-14 ADOPTED by the following vote:

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

140226 [Various Codes - Nonsubstantive Clean-Up Ordinance] Ordinance amending the Administrative, Business and Tax Regulations, Campaign and Governmental Conduct, Environment, Health, Municipal Elections, Park, Police, and Subdivision Codes, to make nonsubstantive changes. (City Attorney's Office) PASSED, ON FIRST READING by the following vote:

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

, and Tom DeCaigny, Executive Director, Arts Commission, provided an overview of the request for release of reserves and responded to questions raised throughout the discussion. Ed Luman (995 Market Street); Nancy Neilsen (Lutheran Social Services); Ray (Market Street Services); Mark Burns (IHSS Consortium); Brent Andrews (Positive Resource Center); Lucy Kieffer (Dance Mission); Ana DeLeon (La Raza); Ann Brudsk (Meredian Gallery); Hayden Patel; Joseph Sobrante; Matthew Shefski; Walter Paulson; Richard Kingsley (Hunter's House); Debbi Lerman (Human Services Network); Larry Juizye Edmund; spoke in support of the release of reserves. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND RELEASED Committee of the Whole Adjourn and Report RELEASE OF RESERVE Supervisor Kim, seconded by Supervisor Mar, moved to release $2,515,000 placed on Board of Supervisors' reserve for the Mayor’s Office of Housing and $2,000,000 placed on Board of Supervisors' reserve for the Arts Commission for funding the Nonprofit Rent Stabilization Program. The motion carried by the following vote:

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

140425 [Hearing - Consent to Provisions in Mission Bay South Agreements Related to Affordable Housing] Sponsor: Kim Hearing of persons interested in or objecting to the proposed 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 Breed, moved that this Hearing be CONTINUED open to May 20, 2014. The motion carried by the following vote:

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

Supervisor Campos, seconded by Supervisor Breed, 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

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. Larry Edmund; spoke in support of affordable housing. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Kim, seconded by Supervisor Breed, moved that this Hearing 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

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 Breed, moved that this Resolution 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

140332 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Chapter 80 of the Administrative Code, the costs thereof having been paid for out of a blight abatement fund. (Public Works Department) Gretchen Rude (Department of Public Works) indicated that the following addresses be removed from the accompanying report due to recent receipt of payment: 801 Kansas Street; 442 Taraval Street; 866 Valencia Street; 921 Grant Avenue; and 1167 Harrison Street. Supervisor Mar, seconded by Supervisor Yee, moved to accept the amendments to the accompanying report, as provided by the Department of Public Works, included in File No. 140332. The motion carried by the following vote:

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

Resolution No. 159-14 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

140415 [Feasibility Study of Implementing Community Choice Aggregation by Joining Marin Clean Energy] Sponsors: Avalos; Breed, Campos, Mar, Wiener and Yee Ordinance electing to study the feasibility of implementing a community choice aggregation program for the benefit of electric customers in San Francisco through an agreement with Marin Clean Energy. PASSED, ON FIRST READING by the following vote:

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

140319 [Public Works Code - Surface-Mounted Facility Site Permits] Sponsors: Wiener, Breed, Chiu, Cohen, Kim and Campos Ordinance amending the Public Works Code to establish the requirements for Surface-Mounted Facility Site Permits; to set fees for obtaining such permits; to make the provisions of the Ordinance retroactive; and making environmental findings. Supervisor Campos 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

140491 [Approval of a 60 Day Extension for Planning Commission Review of an Ordinance (File No. 130788) - Planning Code - Expanding Formula Retail Controls] Sponsor: Mar Resolution extending by 60 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 130788) amending the Planning Code to expand the definition of formula retail to include businesses that have eleven or more outlets worldwide, and to include businesses 50% or more owned by formula retail businesses; to expand the applicability of formula retail controls to other types of retail uses; to expand the notification procedures for formula retail applications; to require an economic impact report as part of the formula retail conditional use application; and making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Resolution No. 164-14 ADOPTED The foregoing items were acted upon by the following vote:

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

140506 [Shan-Yee Poon School of Performing Arts Day - May 17, 2014] Sponsors: Mar; Tang Resolution commending Shan-Yee Poon School of Performing Arts on the occasion of its 25th Anniversary and declaring May 17, 2014, as Shan-Yee Poon School of Performing Arts Day in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to File No. 140506. There were no speakers. The President declared public comment closed. Resolution No. 165-14 ADOPTED by the following vote:

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