Board of Supervisors Minutes: June 10, 2014

140406 [Settlement of Lawsuit - LaVaughan Butler-Moore - $43,000] Ordinance authorizing settlement of the lawsuit filed by LaVaughan Butler-Moore against the City and County of San Francisco for $43,000; the lawsuit was filed on April 2, 2009, in San Francisco Superior Court, Case No. CGC-09-486869; entitled LaVaughan Butler-Moore v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 095-14 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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; 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. Ordinance No. 096-14 FINALLY PASSED by the following vote:

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

140311 [Avigation Easements - San Mateo County - San Francisco International Airport’s Noise Insulation Program] Resolution approving the acquisition of 28 Avigation Easements from various property owners in San Mateo County required for the San Francisco International Airport’s Noise Insulation Program (Project); adopting findings that the Project is categorically exempt from environmental review under the California Environmental Quality Act Class 1: Existing Facilities; adopting findings that the acquisition is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property and Mayor to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Real Estate Department) (Fiscal Impact) Resolution No. 190-14 ADOPTED by the following vote:

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

140333 [Airport Lease Modification - Continental Airlines, Inc. - Early Termination of Lease] Resolution approving and authorizing the execution of Modification No. 2 to Lease L10-0275 with Continental Airlines, Inc., at San Francisco International Airport to grant early termination of the Lease. Resolution No. 191-14 ADOPTED by the following vote:

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

140334 [Contract Amendment - Bridgestone Americas Tire Operations, LLC - $11,750,000] Resolution authorizing the Office of Contract Administration to enter into the Sixth Amendment between the City and County of San Francisco and Bridgestone Americas Tire Operations, LLC, for the rental of bus tires, in which the amendment shall increase the contract limit from $9,950,000 to $11,750,000. (Office of Contract Administration) (Fiscal Impact) Resolution No. 192-14 ADOPTED by the following vote:

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

140376 [Professional Services Agreement - FSP PPM Management, LLC - Curbside Management Program - Not to Exceed $16,938,693] Resolution approving Amendment No. 2 to Professional Services Agreement, Airport Contract No. 8994, to manage and staff the Curbside Management Program between FSP PPM Management, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $16,938,693 pursuant to San Francisco Charter, Section 9.118(b), for a term commencing July 1, 2014, through June 30, 2015. Resolution No. 193-14 ADOPTED by the following vote:

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

140450 [Real Property Lease Amendment - Spectrum Realty, L.P. - 833 Mission Street] Sponsor: Kim Resolution retroactively authorizing the Municipal Transportation Agency to execute the lease amendment (Third Amendment) to the retail lease dated February 18, 2004, with Sprint Spectrum Realty, L.P., (Tenant) for 2,152 sq. ft. retail space at the Fifth and Mission/Yerba Buena Garage, located at 833 Mission Street; said amendment to extend the retail lease for an additional five years beginning June 1, 2014, and provide additional rent of $689,049 plus provide a one five-year option that will, if exercised, provide additional rent of $798,813. (Fiscal Impact) Resolution No. 194-14 ADOPTED by the following vote:

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

140456 [Boarding Area C Coffee Shop Lease - Green Beans Coffee Osteria - SFO Group - Annual Rent of $52,176 - FY2014-2015] Resolution approving the Boarding Area C Coffee Shop Lease between Green Beans Coffee Osteria - SFO Group and the City and County of San Francisco, acting by and through its Airport Commission, for a ten year term with annual rent of $52,176 for FY2014-2015. (Airport Commission) Resolution No. 195-14 ADOPTED by the following vote:

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

140474 [Contract Approval - Thales Transport & Security, Inc. - Advanced Train Control System for San Francisco Municipal Transportation Agency Central Subway Project - $21,363,292] Resolution authorizing the San Francisco Municipal Transportation Agency to execute Advanced Train Control System Contract with Thales Transport & Security, Inc., for design and construction of Advanced Train Control System for the Central Subway Project for amount not to exceed $21,363,292 for a 1,700 day term, to commence upon Board approval. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 196-14 ADOPTED by the following vote:

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

140511 [Accept and Expend Grant - Mental Health Triage Personnel Grant - $1,751,827] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,751,827 from Mental Health Services Oversight and Accountability Commission to participate in a program entitled Mental Health Triage Personnel Grant for the period of April 1, 2014, through June 30, 2014, waiving indirect costs. Resolution No. 197-14 ADOPTED by the following vote:

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

140514 [Accept and Expend Grant - HIV CARE Program/Single Allocation Model - $2,663,405] Sponsor: Wiener Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $2,663,405 from the State of California to participate in a program entitled “HIV CARE Program/Single Allocation Model” for the period of April 1, 2014, through March 31, 2015; and waiving indirect costs. Resolution No. 198-14 ADOPTED by the following vote:

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

140515 [Accept and Expend Grant - Capacity Building for High-Impact HIV Prevention, Category A - $1,000,000] Sponsor: Wiener Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,000,000 from Centers for Disease Control and Prevention to participate in a program entitled "Capacity Building for High-Impact HIV Prevention, Category A" for the period of April 1, 2014, through March 31, 2015. Resolution No. 199-14 ADOPTED by the following vote:

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

140560 [Sublease of Real Property - San Francisco Child Abuse Prevention Center - 3450 Third Street - Initial Monthly Rent $22,113.10] Sponsors: Mayor; Cohen Resolution retroactively authorizing the sublease of real property of approximately nine years, with an effective date of April 1, 2014, for approximately 6,024 square feet of space at 3450 Third Street, with the San Francisco Child Abuse Prevention Center, a California nonprofit corporation, as sublessor, for use by the Children’s Advocacy Center of San Francisco through the Human Services Agency, at the initial monthly rent of $22,113.10 for the period from April 1, 2014, through March 31, 2015. (Fiscal Impact) Supervisor Breed stated for the record that in the future the Department of Real Estate needs to ensure they are working collaboratively with the Board of Supervisors in a timely manner and not retroactively on leases. Resolution No. 200-14 ADOPTED by the following vote:

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

130374 [Campaign and Governmental Conduct Code - Lobbying and Ethics Regulations] Sponsor: Chiu Ordinance amending the Campaign and Governmental Conduct Code to expand the definition of a lobbyist; expand the definition of an Officer of the City and County; expand the list of reportable lobbying contacts; hold employers and clients of lobbyists jointly and severally liable for violations of this Ordinance committed by the lobbyist on behalf of that employer or client; enhance lobbyist training, auditing, and record-keeping requirements; require public reports about City officials who fail to file Statements of Economic Interest; require a public guide to local campaign finance laws; require permit consultants to register with the Ethics Commission and file quarterly disclosure reports; and require major developers to disclose donations to nonprofits active in the City. Supervisor Chiu, seconded by Supervisor Breed, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

140382 [Planning Code - Designation of 1007 Market Street (aka James G. Walker Building)] Sponsor: Kim Ordinance amending the Planning Code to change the designation of 1007 Market Street (aka James G. Walker Building), Assessor’s Block No. 3703, Lot No. 078, from Category V (Unrated) to Category III (Contributory) under Planning Code. Article 11; and 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

140416 [Police Code - Hospitality Industry Worker Retention] Sponsors: Kim; Cohen, Campos, Mar and Avalos Ordinance amending the Police Code to require large hospitality industry employers to retain employees for up to 90 days upon a change in control of the hospitality establishment; and to provide judicial remedies for violation of the Ordinance. PASSED, ON FIRST READING by the following vote:

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

140317 [Administrative Code - Irrevocable Employer Health Care Expenditure Requirement] Sponsors: Campos; Avalos, Kim, Mar, Yee and Cohen Ordinance revising the Health Care Security Ordinance to require all health care expenditures to be made irrevocably; to clarify that the existing City public benefit program known as the Health Access Program (HAP) has two component programs, Healthy San Francisco and Medical Reimbursement Accounts; to charge the Department of Public Health with creating a plan to maximize HAP participants' enrollment in the State health insurance exchange, Covered California, by plan year 2016; and to set an operative date of October 1, 2014. Supervisor Cohen requested to be added as a co-sponsor. Supervisor Campos, seconded by Supervisor Breed, 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

Ordinance revising the Health Care Security Ordinance to phase in over a three-year period requirement that all health care expenditures to be made irrevocably; to permit waiver of unused portions of certain revocable expenditures; to clarify that the existing City public benefit program known as the Health Access Program (HAP) has two component programs, Healthy San Francisco and Medical Reimbursement Accounts; to charge the Department of Public Health with creating a plan to maximize HAP participants' enrollment in the State health insurance exchange, Covered California, by plan year 2016. PASSED ON FIRST READING AS AMENDED by the following vote:

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

140521 [Appointments, Sunshine Ordinance Task Force - Mark Rumold, Ali Winston, Josh Wolf, Allyson Washburn, Lee Hepner, and Chris Hyland] Motion appointing Mark Rumold, Ali Winston (residency requirement waived), Josh Wolf, Allyson Washburn, Lee Hepner, and Chris Hyland, terms ending April 27, 2016, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M14-092 APPROVED by the following vote:

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

opposition to the proposed legislation relating to existing litigation relating to Contest Promotions, LLC. Jim Ruben; spoke in support to the proposed legislation relating to existing litigation relating to Contest Promotions, LLC. There were no other speakers. The President declared public comment closed. CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:25 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener, Yee Persons in attendance: Jim Emery, Deputy City Attorney Scott Sanchez, Zoning Administrator Dan Sider, Planning Department Tom Lakritz, Deputy City Attorney Jon Givner, Deputy City Attorney Rick Caldeira, Legislative Deputy Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED AS THE BOARD The Board reconvened at the hour of 4:43 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener, Yee Motion No. M14-093 Supervisor Mar, seconded by Supervisor Kim, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Absent: Farrell

City and County of San Francisco Page 410 Printed at 3:40 pm on 7/18/14 Board of Supervisors Meeting Minutes 6/10/2014 Supervisor Farrell Excused for the Remainder of the Meeting Supervisor Mar, seconded by Supervisor Cohen, moved to excuse Supervisor Farrell for the remainder of the meeting. The motion carried by the following vote:

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

Excused: Farrell

[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 Mar, seconded by Supervisor Avalos, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Excused: Farrell

140662 [Retroactive Waiver Permitting City Employees to Assist the Department of Elections with the June 3, 2014, Consolidated Statewide Primary Election] Sponsor: Chiu Motion granting a retroactive waiver from the prohibition imposed by City Charter, Section 13.104.5, to permit City employees to assist the Department of Elections with the June 3, 2014, consolidated statewide primary election. Motion No. M14-095 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Farrell