Board of Supervisors Minutes: June 3, 2014

140499 [Appointments, Commission of Animal Control and Welfare - Annemarie Fortier, Nanci Haines, Davi Lang, and Shari O'Neill] Motion appointing Davi Lang member, term ending April 30, 2015, and Annemarie Fortier, Nanci Haines, and Shari O'Neill, terms ending April 30, 2016, to the Commission of Animal Control and Welfare. (Rules Committee) Motion No. M14-089 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

140371 [Settlement of Lawsuit - Contest Promotions, LLC - City to Receive $375,000] Ordinance authorizing settlement of the lawsuit filed by Contest Promotions, LLC, against the City and County of San Francisco for $375,000; the lawsuit was filed on September 22, 2009, in the United States District Court for the Northern District of California, Case No. CV-09-4434 SI (MEJ); entitled Contest Promotions, LLC, v. City of San Francisco, et al.; other material terms of said settlement include resolution of Notices of Violation for unpermitted general advertising signs. (City Attorney) Supervisor Wiener, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to June 17, 2014, and setting a closed session on the same matter under existing ligitation for June 10, 2014. The motion carried by the following vote:

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

Noes: Tang

140375 [Tolling and Standstill Agreement - Yosemite Slough Environmental Claims] Resolution approving a Tolling and Standstill Agreement to toll the statute of limitations and forbear the City and other parties that are potentially responsible for environmental contamination at Yosemite Slough from taking action with respect to claims related to costs or expenses arising from the Yosemite Slough Superfund Site. (City Attorney) Supervisor Wiener, seconded by Supervisor Campos, moved that this Resolution be RE-REFERRED to the Rules Committee. The motion carried by the following vote:

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

Noes: None

140061 [Administrative Code - Plaza Program] Sponsors: Mayor; Cohen Ordinance amending the Administrative Code, by adding Chapter 94, Sections 94.1 through 94.7, to establish a Plaza Program that coordinates City activities in some City-owned plazas on public property and public right-of-way; create a process to identify stewards to activate plazas under the jurisdiction of the City’s Real Estate Division and regulate such plazas; establishing administrative fees for the Plaza Program; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 079-14 FINALLY PASSED by the following vote:

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

Noes: None

140151 [Administrative Code - Local Hire and Prevailing Wages for Construction Projects on City-Owned Property Pursuant to California Law] Sponsors: Avalos; Breed, Campos, Chiu, Kim, Mar, Wiener, Yee, Farrell, Cohen and Tang Ordinance amending the Administrative Code to provide that the City’s Local Hiring Policy apply to construction projects on property owned by the City and payment of Prevailing Wages pursuant to California law. Supervisors Farrell 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

Noes: None

140383 [Administrative Code - Prevailing Wage for Special Event or Trade Show Work on City Property] Sponsors: Wiener; Chiu and Cohen Ordinance amending the Administrative Code to require that prevailing wages be paid for work involving the on-site installation, set-up, assembly, and dismantling of temporary exhibits, displays, booths, modular systems, signage, drapery, specialty furniture, floor coverings, and decorative materials in connection with trade shows, conventions, expositions, and other special events on City property. Supervisor Cohen 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

140487 [Proposition J Contract Certification - Specified Contracted-Out Services Previously Approved] Sponsor: Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees for the following services: information booths, security, parking operations, and shuttle bus (Airport); citations processing, towing, paratransit, parking meter, security, and transit shelter (Municipal Transportation Agency); security and janitorial (Port); security (Public Utilities Commission). (Fiscal Impact) Resolution No. 182-14 ADOPTED by the following vote:

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

Noes: None

140512 [Resolution of Intention - Lower Polk Community Benefit District] Sponsor: Chiu Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) known as the “Lower Polk Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the Management District Plan and Engineer’s Report, and proposed boundaries map for the district; ordering and setting a time and place for a public hearing thereon; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; making environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 177-14 ADOPTED 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) Motion No. M14-090 Supervisor Breed, seconded by Supervisor Kim, 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

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 TABLED. 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 TABLED. The motion carried by the following vote:

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

Noes: None

140453 [Street Vacation - Quint Street Railroad Crossing Improvement Project - Quint Street, McKinnon Ave, and Newcomb Ave] Sponsor: Cohen Ordinance ordering the vacation of portions of Quint Street, McKinnon Avenue, and Newcomb Avenue as part of the Quint Street Railroad Crossing Improvement Project; quitclaiming the City’s interest in the vacation areas to the Peninsula Corridor Joint Powers Board; reserving easement rights for the benefit of the City for its utilities; accepting a Department of Public Works Order concerning the street vacation; and authorizing official acts in connection with this Ordinance, 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

Noes: None

Supervisor Cohen, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried without objection. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Ordinance 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

Noes: None

City and County of San Francisco Page 380 Printed at 9:55 am on 7/10/14 Board of Supervisors Meeting Minutes 6/3/2014 Ordinance ordering the vacation of portions of Quint Street, McKinnon Avenue and Newcomb Avenue as part of the Quint Street Railroad Crossing Improvement Project; approving a quitclaim of the City’s interest in the vacation areas to the Peninsula Corridor Joint Powers Board (JPB), subject to specified conditions; reserving easement rights for the benefit of the City for its utilities and the JPB; accepting a Department of Public Works Order concerning the street vacation; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

140572 [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. M14-091 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

140565 [Designation - League of California Cities Voting Delegate and Alternate - Supervisor Norman Yee and Treasurer-Tax Collector José Cisneros] Sponsor: Mayor Resolution designating Supervisor Norman Yee as the League of California Cities voting delegate, and Treasurer-Tax Collector José Cisneros as the League of California Cities alternate voting delegate. Resolution No. 183-14 ADOPTED by the following vote:

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

Noes: None

Excused: Yee

140573 [Urging the California State Legislature to Close the Commercial Property Tax Loophole Implemented through Proposition 13] Sponsors: Cohen; Yee, Mar, Chiu, Kim and Campos Resolution urging the State legislature of California to close the commercial property tax loophole implemented through Proposition 13. Supervisors Mar, Chiu, Kim, and Campos requested to be added as co-sponsors. Resolution No. 187-14 ADOPTED by the following vote:

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

Noes: None

140615 [Urging End to Muni Sick-Out and a Return to the Arbitration Process] Sponsors: Wiener; Breed, Tang, Cohen and Farrell Resolution urging San Francisco Municipal Railway drivers to immediately end their sick-out and return to work and urging both the drivers and Muni management to participate in the arbitration process to arrive at a contract. Supervisors Breed, Tang, Cohen, and Farrell requested to be added as co-sponsors. The President inquired as to whether any member of the public wished to address the Board relating to urging an end to Muni sick-out and a return to the arbitration process as referenced in File No. 140615. Tom Gilberty; spoke in support of the matter. There were no other speakers. The President declared public comment closed. Supervisor Avalos, seconded by Supervisor Wiener, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, after accepting several friendly amendments from his colleagues. The motion carried by the following vote:

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

Noes: None

Resolution No. 188-14 ADOPTED AS AMENDED by the following vote:

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

Noes: None