Board of Supervisors Minutes: July 22, 2014

140753 [Appointment, Park, Recreation and Open Space Advisory Committee - Maya Rodgers] Motion appointing Maya Rodgers, term ending February 1, 2015, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M14-123 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Avalos

140619 [Annual Budget and Appropriation Ordinance for Selected Departments - FYs 2014-2015 and 2015-2016] Sponsor: Mayor Annual Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for selected departments of the City and County of San Francisco as of June 2, 2014, for the FYs ending June 30, 2015, and June 30, 2016. (Fiscal Impact) Ordinance No. 146-14 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

140621 [Annual Salary Ordinance - FYs 2014-2015 and 2015-2016] Sponsor: Mayor Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2015, and June 30, 2016, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. (Fiscal Impact) Ordinance No. 147-14 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

140444 [Development Agreement - Schlage Lock Project - Visitacion Development, LLC] Sponsors: Mayor; Cohen Ordinance approving a Development Agreement between the City and County of San Francisco and Visitacion Development, LLC, for certain real property located in Visitacion Valley, bounded approximately to the north and west by McLaren Park and the Excelsior and Crocker Amazon Districts, to the east by the Caltrain tracks, and to the south by the San Francisco/San Mateo County line and the City of Brisbane; making findings under the California Environmental Quality Act, findings of conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b); and waiving certain provisions of Administrative Code, Chapter 56. (Fiscal Impact) (Economic Impact) Ordinance No. 149-14 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

140445 [Planning Code, Zoning Map - Visitation Valley/Schlage Lock Special Use District] Sponsors: Mayor; Cohen Ordinance amending the Planning Code, Section 249.45, to provide for use controls, including controls for formula retail uses, building standards, and procedural requirements, including noticing and community participation procedures, for applications for development, including design review and modifications, among other controls, in Zone 1 of the Schlage Lock/Visitation Valley Special Use District (also referred to as the Schlage Lock site); amending the Zoning Map by amending Sectional Maps ZN10 and HT10 to reflect the Visitacion Valley/Schlage Lock Special Use District; and making environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 150-14 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

140675 [General Plan Amendment - Visitation Valley/Schlage Lock Special Use District] Ordinance amending the General Plan to amend Maps 1, 2, 4, and 5 of the Commerce and Industry Element, Map 6 of the Transportation Element, Maps 4 and 5 of the Urban Design Element, and the Land Use Index to implement the Visitation Valley/Schlage Lock Special Use District, which generally includes the properties bounded by Bayshore, Blanken and Tunnel Avenue to the San Francisco/San Mateo County line to the south, including the properties fronting Bayshore Boulevard from Arleta Avenue to the San Francisco/San Mateo County line to the south, and including the properties fronting Leland Avenue from Cora Street to Bayshore Boulevard; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) Ordinance No. 151-14 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

140507 [Charter Amendment - Retiree Health Benefits for Former Redevelopment Agency and Successor Agency Employees] Sponsors: Cohen; Yee Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco, Sections A8.428 and A8.432, to provide retiree health care benefits to employees of the former Redevelopment Agency of the City and County of San Francisco or the Successor Agency to the Redevelopment Agency of the City and County of San Francisco who started working for the City and County of San Francisco before March 1, 2015, and after January 31, 2012, without a break in employment, and to persons who are registered as domestic partners to retired employees under the law of the state, city, or county in which they reside or who live in a jurisdiction that does not recognize domestic partnership but who have submitted the Health Service System Declaration of Domestic Partnership Form, at an election to be held on November 4, 2014. ORDERED SUBMITTED by the following vote:

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

Noes: None

Excused: Avalos

140556 [Charter Amendment - Population-Based Adjustment to General Fund Appropriation to the Transportation Fund] Sponsors: Wiener; Chiu Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to adjust the required annual appropriation from the General Fund to the Transportation Fund annually to reflect increases in the population of San Francisco, subject to discontinuation by the Mayor if the voters enact a new general tax on vehicles registered to a San Francisco address, at an election to be held on November 4, 2014; and making environmental findings. Supervisor Chiu requested to be added as a co-sponsor. ORDERED SUBMITTED by the following vote:

Ayes: Breed, Campos, Chiu, Cohen, Kim, Wiener

Noes: Farrell, Mar, Tang, Yee

Excused: Avalos

140596 [Administrative Code - Leasing of Equipment] Ordinance amending the Administrative Code to authorize the Department of Public Health to enter into operating leases for equipment. (Public Health Department) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140726 [De-Appropriation and Re-Appropriation Proceeds from Wastewater Revenue Bonds - North Shore to Channel Force Main Project and Amending Ordinance Nos. 201-09, 95-10, and 108-12 - $23,000,000 - FY2014-2015] Sponsor: Mayor Ordinance de-appropriating and re-appropriating $23,000,000 in Wastewater Revenue Bonds for the Wastewater Enterprises North Shore to Channel Force Main Project, placing $8,470,000 on Controller’s reserve, subject to Public Utilities Commission and Board of Supervisors’ approval, following completion of project-related analysis pursuant to the California Environmental Quality Act, where required, receipt of proceeds of indebtedness, and amending adopted capital appropriation Ordinance Nos. 201-09, 95-10, and 108-12 in FY2014-2015. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140772 [Appropriation and De-Appropriation - Surplus Expenditures Supporting Increased Overtime Expenditures - FY2013-2014 - $653,283] Sponsor: Mayor Ordinance retroactively appropriating $653,283 to overtime and de-appropriating $653,283 in salaries 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: Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Excused: Avalos

140773 [Appropriation and De-Appropriation - Surplus Expenditures Supporting Increased Overtime Expenditures - FY2013-2014 - $76,242] Sponsor: Mayor Ordinance retroactively appropriating $76,242 to overtime and de-appropriating $76,242 consisting of $43,609 in salaries and $32,663 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 by the following vote:

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

Noes: None

Excused: Avalos

140408 [Emergency Contract - Amending Resolution No. 265-13 - Repair Public Utilities Commission Southeast Water Pollution Control Plant Digesters - Not to Exceed $14,545,427] Resolution amending Resolution No. 265-13 to revise the scope of work for an emergency contract from six to five digesters at the Southeast Water Pollution Control Plant, and increase the contract not-to-exceed amount to $14,535,427. (Public Utilities Commission) (Fiscal Impact) Resolution No. 279-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140608 [Contract Amendment - URS Corporation - Engineering Support Services - $28,500,000] Resolution authorizing the General Manager of the Public Utilities Commission to execute amendment No. 4 to an agreement with URS Corporation, increasing the length of the agreement by up to two years, nine months, until May 24, 2019, for a total duration of fifteen years and nine months, and increasing the estimated cumulative contract amount from $24,000,000 to $28,500,000 for engineering support services for the Water Enterprise Water System Improvement Program-funded Agreement No. CS-716, Calaveras Dam Replacement, pursuant to Charter, Section 9.118(b). (Public Utilities Commission) (Fiscal Impact) Resolution No. 280-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140732 [Accept In-Kind Gift - James R. Herman Cruise Terminal - Art Installation - $250,000] Sponsors: Mayor; Chiu and Avalos Resolution authorizing the Port of San Francisco to accept a gift of art referred to as the James R. Herman Tribute valued at $250,000 from the James R. Herman Memorial Committee for display at the new James R. Herman Cruise Terminal at Pier 27. Resolution No. 285-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140779 [Apply for, Accept, and Expend Grant - Active Transportation Program - $1,298,000] Sponsor: Mayor Resolution authorizing the filing of an application for funding assigned to the California Transportation Commission (CTC); filing of an application for funding assigned to the Metropolitan Transportation Commission (MTC); committing any necessary matching funds; stating assurance to complete the projects; and authorizing the Department of Public Works to accept and expend $1,298,000 in Active Transportation Program grant funds awarded through CTC and/or MTC. Resolution No. 243-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140780 [Real Property Acquisition - 900 Innes Avenue - Not to Exceed $2,975,000] Sponsor: Cohen Resolution authorizing: 1) the acquisition of real property at 900 Innes Avenue (Lot Nos. 1-5 and 24, Assessor's Block No. 4605, Lot No. 10, Assessor's Block No. 4629A, Lot No. 2, Assessor's Block No. 4630, and Lot Nos. 1-3, 3A, 19 and 20, Assessor's Block No. 4646) from the Tenderloin Housing Clinic, Inc.; 2) the issuance of Commercial Paper (CP) Notes in an aggregate principal amount not to exceed $2,975,000; 3) the subsequent jurisdictional transfer of the Property to the Recreation and Park Department upon repayment of the CP Notes; and 4) finding the proposed transaction in conformance with the City’s General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 244-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140782 [Conditional Jurisdictional Transfer of City Property - Francisco Reservoir - $9,900,000] Sponsors: Farrell; Chiu, Breed, Campos, Tang, Wiener and Yee Resolution approving the jurisdictional transfer of Assessor's Block No. 0046, Lot No. 001, consisting of 3.29 acres and 143,344 square feet, and a portion of Assessor's Block No. 0047, Lot No. 001, commonly known as Francisco Reservoir, and surrounding area currently under the jurisdiction of the San Francisco Public Utilities Commission (SFPUC), to the Recreation and Park Department (RPD) as to subject to the terms and conditions of a Memorandum of Understanding between SFPUC and RPD; approving the transfer price of $9,900,000; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 286-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140098 [Initiative Ordinance - Business and Tax Regulations Code - Tax on Sugar-Sweetened Beverages to Fund Food and Health Programs] Sponsors: Mar, Wiener; Avalos, Cohen, Chiu and Campos Motion ordering submitted to the voters at an election to be held on November 4, 2014, an Ordinance amending the Business and Tax Regulations Code by adding a new Article 8, imposing a tax of two cents per ounce on the distribution of sugar-sweetened beverages, to fund City-operated programs and City grants for active recreation and improving food access, health, and nutrition, and to fund San Francisco Unified School District physical education, after-school physical activity, health, or nutrition programs, and school lunch and other school nutrition programs. (Economic Impact) Motion No. M14-124 APPROVED by the following vote:

Ayes: Campos, Chiu, Cohen, Farrell, Mar, Wiener

Noes: Breed, Kim, Tang, Yee

Excused: Avalos

140728 [Appropriation - Proceeds from San Francisco Taxable General Obligation Bonds - Seismic Safety Loan Program - $24,000,000 - FY2014-2015] Sponsors: Mayor; Chiu Ordinance appropriating $24,000,000 of City and County of San Francisco Taxable General Obligation Bonds, Series 2014, for the Seismic Safety Loan Program in the Mayor’s Office of Housing in FY2014-2015. (Fiscal Impact) Supervisor Chiu requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

d bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale or negotiated sale; approving the forms of official notice of sale, a notice of intention to sell bonds, and a bond purchase contract; directing the publication of the notice of intention to sell bonds in the event of a competitive sale; authorizing the selection of underwriters in the event of a negotiated sale; approving the form of the preliminary official statement and authorizing the execution of the official statement relating to the sale of said bonds; approving the form of the continuing disclosure certificate; authorizing and approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds. (Fiscal Impact) Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 284-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140729 [Lease Agreement - Historic Buildings at 400-600 20th Street - Orton Development, Inc. - Historic Pier 70, LLC] Sponsors: Mayor; Cohen Resolution approving and authorizing a lease for the historic buildings having an address at 400-600 20th Street east of Illinois Streets at Pier 70 between the Port Commission and Orton Development, Inc., or its affiliate, Historic Pier 70, LLC, a California limited liability company, for a term of 66 years to commence following Board approval. (Fiscal Impact) Resolution No. 273-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140749 [License Agreement - Pacific Gas and Electric Company - Embarcadero-Potrero 230kV Transmission Project - Initial Term License Fee of $15,275,205.35] Resolution approving License No. 15762 between the Port Commission and Pacific Gas and Electric Company for the ZA-1 Embarcadero-Potrero 230kV Transmission Project for approximately 435,600 square feet of submerged land between Pier 28½ and the 23rd Street, 52,272 square feet of underground access for horizontal directional drilling, and 21,120 square feet of land along 23rd Street with an Initial Term License Fee of $15,275,205.35 for a 40 year term, to commence following Board approval, with a 26 year option. (Port) (Fiscal Impact) Resolution No. 274-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140750 [Option Agreement - Pacific Gas and Electric Company - Purchase the Hoedown Yard - Illinois and 22nd Streets - $8,283,726] Resolution approving an option agreement to purchase the Hoedown Yard at the northeast corner of Illinois and 22nd Streets from Pacific Gas and Electric Company for $63.37 per square foot or approximately $8,283,726. (Port) (Fiscal Impact) Resolution No. 275-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140455 [Administrative Code - Cancer Presumption for Fire and Police Retirement Benefits] Sponsors: Chiu; Wiener, Breed, Farrell, Cohen and Campos Ordinance amending the Administrative Code to create a cancer presumption for firefighter and police officer industrial disability and death as a result of duty retirement benefits. (Fiscal Impact) Supervisors Farrell, Cohen, and Campos requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140734 [Assessment Ballots for City Parcels - Lower Polk Community Benefit District] Sponsor: Chiu Resolution authorizing the Mayor, or his designees, to cast assessment ballots in the affirmative on behalf of the City and County of San Francisco, as the owner of three parcels of real property over which the Board of Supervisors has jurisdiction, that would be subject to assessment in the proposed property and business improvement district to be the Lower Polk Community Benefit District for an election to be held on July 29, 2014. Resolution No. 245-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140284 [Building Code - Vacant or Abandoned Commercial Storefronts and Registration Fee] Sponsors: Tang; Chiu, Yee and Mar Ordinance amending the Building Code to establish a procedure for maintaining and registering vacant or abandoned commercial storefronts, including imposition of a registration fee. Supevisors Chiu, Yee, and Mar requested to be added as co-sponsors. Supervisor Tang, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED on Page 3, Line 16, by adding 'unless the Department, in its sole discretion, determines that the owner needs additional time to complete the repair, rehabilitation, or construction of the Commercial Storefront.' The motion carried by the following vote:

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

Noes: None

Excused: Avalos

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Excused: Avalos

140700 [Modification of Design-Build Requirements - Airport’s Terminal 1 Center Renovation and the Boarding Area B Reconstruction Projects] Ordinance modifying or waiving certain required contracting procedures in the Administrative Code, as applied to the design-build of two Airport projects in the Terminal 1 Program (the Terminal 1 Center Renovation and the Boarding Area B Reconstruction Projects). (Airport Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140692 [Appointment, Entertainment Commission - Liam Frost] Motion approving the Mayor’s nomination of Liam Frost to the Entertainment Commission, for a term ending July 1, 2018. (Charter, Section 4.117, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 10, 2014.) Motion No. M14-125 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

140693 [Reappointment, Board of Appeals - Ann Blumlein Lazarus] Motion approving the Mayor’s reappointment of Ann Blumlein Lazarus to the Board of Appeals, for a term ending July 1, 2018. (Charter, Section 4.106, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 10, 2014.) Motion No. M14-126 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

140751 [Appointment, Entertainment Commission - Steven Lee] Motion appointing Steven Lee, term ending July 1, 2018, to the Entertainment Commission. (Rules Committee) Motion No. M14-127 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

140809 [Zoning - Interim Moratorium on Change of Institutional Use in a Portion of the University Mound Neighborhood] Sponsors: Campos; Mar and Avalos Urgency Ordinance approving an interim zoning moratorium on changes of institutional use in a portion of the University Mound neighborhood bounded by Highway 280 on the north, Wayland Street on the south, University Street on the east, and Cambridge Street on the west, for 45 days, affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings of consistency with the eight priority policies of Planning Code, Section 101.1. Supervisors Mar and Avalos requested to be added as co-sponsors. Ordinance No. 175-14 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

130650 [Administrative Code - Home Detention and Electronic Monitoring Program] Ordinance amending the Administrative Code to expand the category of jail inmates eligible for the Home Detention Program; and authorizing the Sheriff to implement an Electronic Monitoring Program to pretrial detainees being held in lieu of bail. (Sheriff) Privilege of the floor was granted unanimously to Mark Nicco (Sheriff's Department) and Jason Elliott (Mayor's Office) and Ross Mirkarimi, Sheriff, who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Kim, moved that this Ordinance be CONTINUED ON FIRST READING to September 9, 2014. The motion FAILED by the following vote:

Ayes: Campos, Kim, Mar, Tang, Yee

Noes: Breed, Chiu, Cohen, Farrell, Wiener

Excused: Avalos

Supervisor Breed made a motion to Terminate Debate/Call the Question, seconded by Supervisor Cohen. The motion failed due to lack of a second required mover pursuant to Board Rule 5.33. Privilege of the floor was granted unanimously to Greg Suhr, Police Chief, who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Cohen, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

140054 [Liquor License - 365-11th Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Vladimir Cood for BuzzWorks, Inc., dba SF:BuzzWorks:SOMA, located at 365-11th Street (District 6), 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, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 276-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140183 [Liquor License - 854 Geary Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Miriam Lipton for 854 Geary, LLC, dba Tender, located at 854 Geary Street (District 6), 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, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 277-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140338 [Liquor License Transfer - 1 Jefferson Street] Resolution determining that the transfer of a Type 21 off-sale general license from 1541 Polk Street to 1 Jefferson Street (District 3), to John Kevlin for Garfield Beach CVS, LCC, and Longs Drug Stores California, LLC, dba CVS, 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, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the license. (Neighborhood Services and Safety Committee) Resolution No. 278-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140599 [Settlement of Lawsuit - Jay Korber - $4,072,519] Ordinance authorizing settlement of the lawsuit filed by Jay Korber against the City and County of San Francisco for $4,072,519; the lawsuit was filed on April 12, 2013, in San Francisco Superior Court, Case No. CGC-13-530600; entitled Jay Korber v. City and County of San Francisco, et al. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140664 [Settlement of Lawsuit - Yerba Buena Consortium, LLP - City to Provide Pedestrian Improvements] Ordinance authorizing settlement of the lawsuit filed by Yerba Buena Consortium, LLP, and Tenants and Owners Development Corporation against the City and County of San Francisco; the lawsuit was filed on August 19, 2013, in Sacramento Superior Court, Case No. 34-2013-80001611; entitled Yerba Buena Consortium, LLP, et al. v. City and County of San Francisco, et al.; material terms of said settlement are installing “no bicycle riding on sidewalk” signs in Yerba Buena area, widening the sidewalk at corner of 4th and Mission Streets, applying for funding to install a pedestrian crosswalk at Folsom and Mabini Streets, convening a Sidewalk Management Workgroup, drafting a Sidewalk Management Plan, and providing special notice for sidewalk table permits. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140665 [Settlement of Lawsuit - Lee Ann Crocker - $45,000] Ordinance authorizing settlement of the lawsuit filed by Lee Ann Crocker against the City and County of San Francisco for $45,000; the lawsuit was filed on May 21, 2013, in San Francisco Superior Court, Case No. CGC-13-531600; entitled Lee Ann Crocker v. City and County of San Francisco, Does 1 to 10. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140666 [Settlement of Lawsuit - Siobhan McAuliffe - $250,000] Ordinance authorizing settlement of the lawsuit filed by Siobhan McAuliffe against the City and County of San Francisco for $250,000; the lawsuit was filed on January 5, 2012, in United States District Court for the Northern District of California, Case No. CV-12-00071 CRB, and then re-filed on September 20, 2012, in San Francisco Superior Court, Case No. 12-524514; entitled Siobhan McAuliffe v. City & County of San Francisco. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140760 [Settlement of Lawsuit - Rowena Seto - $225,000] Ordinance authorizing settlement of the lawsuit filed by Rowena Seto against the City and County of San Francisco for $225,000; the lawsuit was filed on July 18, 2012, in San Francisco Superior Court, Case No. CPF-12-512350; entitled Rowena Seto v. City and County of San Francisco, et al. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

City and County of San Francisco Page 578 Printed at 2:14 pm on 9/3/14 Board of Supervisors Meeting Minutes 7/22/2014 Supervisor Breed Excused from Voting Supervisor Yee, seconded by Supervisor Mar, moved that Supervisor Breed be excused from voting on File No. 140761. The motion carried by the following vote:

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

Noes: None

Excused: Avalos, Breed

140761 [Settlement of Lawsuit - Caramad Conley - $3,500,000] Ordinance authorizing settlement of the lawsuit filed by Caramad Conley against the City and County of San Francisco for $3,500,000; the lawsuit was filed on January 27, 2012, in United States District Court, Case No. C12-00454; entitled Caramad Conley v. City and County of San Francisco and Prentice Earl Sanders. (City Attorney) PASSED ON FIRST READING by the following vote:

Ayes: Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Yee

Noes: Wiener

Excused: Avalos, Breed

140762 [Settlement of Lawsuit - Friends of Appleton-Wolford Libraries and Coalition for a Better North Beach Library - City to Waive Litigation Costs] Ordinance authorizing settlement of the lawsuit filed by Friends of Appleton-Wolford Libraries and Coalition for a Better North Beach Library and Playground against the City and County of San Francisco; the lawsuit was filed on July 27, 2011, in San Francisco Superior Court, Case No. CPF-11-511469 (Court of Appeal Case No. A136409), entitled Friends of Appleton-Wolford Libraries, et al. v. City and County of San Francisco, et al.; material terms of said settlement are Petitioners’ waiver of further appeal rights in exchange for the City’s waiver of litigation costs. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140672 [Settlement of Claims - The Regents of the University of California - $580,631.86] Resolution approving the settlement of the unlitigated claims filed by The Regents of the University of California against the City and County of San Francisco for $580,631.86; claims were filed on December 15, 2010, and June 24, 2013. (City Attorney) (Supervisor Campos dissented in committee.) Resolution No. 281-14 ADOPTED by the following vote:

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

Noes: Campos

Excused: Avalos

140673 [Settlement of Claim - The Wharton School of the University of Pennsylvania - $66,217.67] Resolution approving the settlement of the unlitigated claim filed by The Wharton School of the University of Pennsylvania against the City and County of San Francisco for $66,217.67; claim was filed on March 13, 2013. (City Attorney) Resolution No. 282-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140702 [Administrative Code - Urban Agriculture Incentive Zones Act Program and Procedures] Sponsors: Chiu; Cohen Ordinance amending the Administrative Code, by adding Chapter 53A, creating local procedures to implement the Urban Agriculture Incentive Zones Act, including establishing the City’s Urban Agriculture Incentive Zone; and making environmental findings. Supervisor Mar requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

140796 [Final Map 7760 - 1501 Filbert Street] Motion approving Final Map 7760, a 27 residential unit and 3 commercial unit, mixed-use condominium project, located at 1501 Filbert Street, being a subdivision of Assessor’s Block No. 0527, Lot No. 051, and adopting findings pursuant to the General Plan, and the eight priority policies of City Planning Code, Section 101.1. (Public Works Department) Motion No. M14-130 APPROVED City and County of San Francisco Page 581 Printed at 2:14 pm on 9/3/14 Board of Supervisors Meeting Minutes 7/22/2014 The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Avalos

140807 [Committee of the Whole - Zoning - Interim Moratorium on Institutional Change of Use in a Portion of the University Mound Neighborhood - July 22, 2014] Sponsor: Campos Motion scheduling the Board to sit as a Committee of the Whole on July 22, 2014, at 3 p.m., to hold a public hearing on the Urgency Ordinance approving an interim zoning moratorium on institutional changes of use in a portion of the University Mound neighborhood generally bounded by Highway 280 on the north, Wayland Street on the south, University Street on the east, and Cambridge Street on the west, for 45 days and making required findings, including environmental findings, and findings of consistency with the eight priority policies of Planning Code, Section 101.1. The President inquired as to whether any member of the public wished to address the Board relating to File No. 140807. Male Speaker; spoke neither in support nor opposition to the matter. There were no other speakers. The President declared public comment closed. Motion No. M14-128 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

140822 [Intent to Prioritize Funding a Cost of Doing Business Supplemental Appropriation] Sponsors: Campos; Mar, Yee, Avalos and Cohen Resolution to prioritize approval of a supplemental appropriation up to the amount of $3,400,000 during FY2014-2015 to fund a cost of doing business allocation for non-profit agencies that contract with the City and County of San Francisco. Supervisor Campos, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to July 29, 2014. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

140823 [Urging Protection of the San Francisco Bay-Delta Estuary] Sponsors: Chiu; Mar Resolution urging the on-going Bay-Delta planning processes of the Delta Stewardship Council, the Bay Delta Conservation Plan, and the State Water Resources Control Board, and protection of the health of the San Francisco Bay-Delta Estuary. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 288-14 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

140826 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 4, 2014, Consolidated General Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 4, 2014, Consolidated General Election. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

Supervisor Mar, seconded by Supervisor Farrell, moved that this Motion be CONTINUED AS AMENDED to July 29, 2014. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

140849 [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) The President inquired as to whether any member of the public wished to address the Board relating to File No. 140849. Edmund Juizye; spoke neither in support nor opposition to the matter. There were no other speakers. The President declared public comment closed. Motion No. M14-131 APPROVED by the following vote:

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

Noes: None

Excused: Avalos