Board of Supervisors Minutes: September 9, 2014

140657 [Street Vacation Order - McCoppin Hub City Plaza Project - McCoppin Street] Sponsors: Kim; Wiener Ordinance vacating a portion of McCoppin Street west of Valencia Street that is generally bounded by Highway 101 to the west, Valencia Street to the east, Assessor’s Block No. 3503, Lot No. 003 to the north, and Assessor’s Block No. 3502, Lot No. 113 to the south, for the purposes of the McCoppin Hub City Plaza Project; reducing the official sidewalk width on the southerly side of McCoppin Street, establishing a new sidewalk on the easterly side of Valencia Street adjacent to the street vacation area, and reducing the official right-of-way width of this portion of McCoppin Street; approving an interdepartmental transfer of the vacated area from the Department of Public Works to the Division of Real Estate; making findings under the California Environmental Quality Act and adopting findings that the vacation and public right-of-way changes are consistent with the General Plan, and the eight priority policies of City Planning Code, Section 101.1; and authorizing actions in furtherance of this Ordinance. Ordinance No. 197-14 FINALLY PASSED by the following vote:

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

140283 [Planning Code - Rezoning McCoppin Plaza to Public Use/Open Space Zoning] Sponsors: Kim; Wiener Ordinance amending the Planning Code to rezone McCoppin Street from Valencia Street to its terminus on Market Street from NCT-3/85-X and 40- X (Moderate-Scale Neighborhood Commercial Transit District) to P (Public Use)/OS (Open Space) as part of the establishment of McCoppin Hub Plaza; and making findings under the California Environmental Quality Act, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Ordinance No. 198-14 FINALLY PASSED by the following vote:

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

140725 [Underground District - Ringold Alley] Sponsor: Kim Ordinance creating Underground District No. 360 on Ringold Alley from 8th Street to 9th Street; and making environmental findings. Ordinance No. 196-14 FINALLY PASSED by the following vote:

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

140776 [Police, Business and Tax Regulations Codes - Regulating Mechanical Amusement Devices and Arcades] Sponsors: Breed; Wiener and Kim Ordinance amending the Police Code to reduce restrictions on the location of, and lessen permitting requirements for, mechanical amusement devices and arcades, and remove obsolete Code provisions; amending the Business and Tax Regulations Code to clarify the appeal period for appealing mechanical amusement device permits and other Entertainment Commission permits to the Board of Appeals; and making environmental findings. Ordinance No. 195-14 FINALLY PASSED by the following vote:

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

140595 [Professional Services Agreement - Waiving Competitive Solicitation Requirement to Procure Specialized Environmental Services - East Harbor Marina Sediment Remediation and Facility Renovation Project - Leidos, Inc. - Not to Exceed $1,970,000] Ordinance waiving the competitive solicitation requirement under Administrative Code, Section 6.40, and authorizing the General Manager of the Recreation and Parks Department to enter into a professional services agreement with Leidos, Inc., in an amount not to exceed $1,970,000 for the purpose of performing specialized environmental services for the San Francisco East Harbor Marina Sediment Remediation and Facility Renovation Project, to commence following Board approval. (Recreation and Park Department) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

140873 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2014-2015] Sponsor: Mayor Ordinance levying property taxes at a combined rate of $1.1743 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District and establishing a pass-through rate of $0.0880 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2015. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

140320 [Accept Gift - Automated External Defibrillators - Approximately $15,000] Sponsors: Kim; Breed and Chiu Resolution authorizing the Police Department to accept a gift of 10 Automated External Defibrillators from Mr. John Konstin, valued at approximately $15,000 for the use of the Tenderloin District Station. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 326-14 ADOPTED by the following vote:

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

140559 [Accept and Expend Grant - Summer Jobs Connect Program - $478,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Children, Youth, and Their Families to accept and expend grant funding in the amount of $478,000 from the Cities for Financial Empowerment Fund to support 200 youth employment opportunities and research financial products, services, and education for youth participating in summer employment opportunities for the period of March 1, 2014, through February 28, 2015. Resolution No. 327-14 ADOPTED by the following vote:

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

140742 [Airport Professional Services Agreement Modification - Bombardier Transportation (Holdings) USA, Inc.- Operation and Maintenance Services - AirTrain System - Not to Exceed $100,543,834] Resolution approving Modification No. 2 to Professional Services Agreement, Airport Contract No. 8838, to provide operation and maintenance services for the AirTrain System, between Bombardier Transportation (Holdings) USA, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, to cover the replacement of obsolete AirTrain equipment and to provide a contingency fund for the replacement of any additional equipment over the three-year contract term of March 1, 2014, through February 28, 2017, in an amount not to exceed $100,543,834 pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 328-14 ADOPTED by the following vote:

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

140747 [Contract Amendment - Toyon Associates, Inc. - Not to Exceed $4,996,617] Resolution approving an amendment to the contract between the Department of Public Health and the Toyon Associates, Inc., to provide regulatory reporting/reimbursement and revenue optimization services, for an amount not to exceed $4,996,617 for an additional three and one-half years, for the term April 1, 2014, through March 31, 2018. (Public Health Department) (Fiscal Impact) Resolution No. 329-14 ADOPTED by the following vote:

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

140778 [Accept and Expend Grant - Friends of San Francisco Public Library - Annual Grant Award, FY2014-2015 - Up to $720,000] Sponsor: Mayor Resolution retroactively authorizing the San Francisco Public Library to accept and expend a grant in the amount of up to $720,000 of in-kind gifts, services, and cash monies from the Friends of the San Francisco Public Library for direct support for a variety of public programs and services in FY2014-2015. Resolution No. 330-14 ADOPTED by the following vote:

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

140810 [Exchange Agreement - San Francisco Unified School District and Mayor’s Office of Housing and Community Development - 1950 Mission Street, 555 Franklin, and 380 Fulton Streets] Sponsors: Mayor; Kim, Campos and Mar Resolution authorizing the exchange of City property located near the intersection of McAllister Street and Ash Alley (555 Franklin and 380 Fulton Streets) under the jurisdiction of the Mayor’s Office of Housing and Community Development and an additional fee of $2,675,000 for real property owned by the San Francisco Unified School District located at 1950 Mission Street, San Francisco; adopting findings under the California Environmental Quality Act; and adopting findings that the conveyance is consistent with the City's General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 331-14 ADOPTED by the following vote:

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

140882 [Contract - Siemens Industry, Inc. - Procurement of New Light Rail Vehicles - Not to Exceed $1,192,651,577] Sponsors: Breed; Wiener, Chiu, Mar, Tang, Cohen and Avalos Resolution approving a contract with Siemens Industry, Inc., to procure up to 260 light rail vehicles, associated services, spare parts, special tools, training, and documentation in an amount not to exceed $1,192,651,577 for a term not to exceed 15 years, to commence following Board approval; and making environmental findings. (Fiscal Impact) Resolution No. 332-14 ADOPTED by the following vote:

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

140885 [Accept and Expend Grant - Castro/Upper Market Community Benefit District - Castro Streetscape Improvement Project - $121,860] Sponsor: Wiener Resolution retroactively authorizing the Department of Public Works to accept and expend a grant of up to $121,860 from the Castro/Upper Market Community Benefit District for the Castro Streetscape Improvement Project for the period of March 10, 2014, through November 10, 2014. Resolution No. 333-14 ADOPTED by the following vote:

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

lating to File Nos. 140814, 140815, and 140816. Adam Varat (Planning Department), Nadia Sesay, Director, Mayor's Office of Public Finance, Scott Boule (Transbay Joint Powers Authority), and Ken Rich (Office of Economic and Workforce Development) provided an overview of the proposed district and responded to questions raised throughout the discussion. Jane Morrison; Bruce Agid; Dana Levine; Male Speaker; Bob Feinbaum; Tom Radulavich; Steve Hargrove; Peter Strauss; Hannah Frisbee; Madeleine Savit; Thea Selby; Michael Theriault; Joel Kappal; Anna LaForte; Alice Rogers; expressed various concerns and spoke in support of the district. Francisco Da Costa; expressed various concerns and spoke in opposition to the district. Male Speaker: Ken Cleveland; Jim Lazarus; Chris Crowdahl; expressed various concerns and spoke neither in support nor opposition to the district. 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 Farrell, moved that this Hearing be CONTINUED open to September 23, 2014, at 3:00 p.m. The motion carried by the following vote:

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

140814 [Resolution of Formation - City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center)] Sponsor: Mayor Resolution of formation of the City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) and determining other matters in connection therewith. Supervisor Kim, seconded by Supervisor Wiener, moved that this Resolution 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

Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED AS AMENDED to September 23, 2014, at 3:00 p.m. The motion carried by the following vote:

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

140815 [Determining Necessity to Incur Bonded Indebtedness - City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center)] Sponsor: Mayor Resolution determining necessity to incur bonded indebtedness for City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) and determining other matters therewith. Supervisor Kim, seconded by Supervisor Wiener, moved that this Resolution 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

Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED AS AMENDED to September 23, 2014, at 3:00 p.m. The motion carried by the following vote:

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

140816 [Special Election for the Community Facilities District No. 2014-1 (Transbay Transit Center)] Sponsor: Mayor Resolution calling for a special election in the City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center). Supervisor Kim, seconded by Supervisor Wiener, moved that this Resolution 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

Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED AS AMENDED to September 23, 2014, at 3:00 p.m. The motion carried by the following vote:

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

140888 [Closed Session - Anticipated Litigation - Buffer Zone at Reproductive Health Care Facilities] Sponsor: Campos Motion that the Board of Supervisors convene in closed session on September 9, 2014, for the purpose of conferring with, or receiving advice from the City Attorney regarding anticipated litigation as defendant relating to Police Code, Article 43, prohibiting entering or remaining in buffer zones at reproductive healthcare facilities, in light of McCullen v. Coakley (2014) 573 U.S. ___; pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(2), which permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the anticipated litigation. The President inquired as to whether any member of the public wished to address the Board regarding the proposed motion to table the closed session. There were no speakers. The President declared public comment closed. Supervisor Campos, seconded by Supervisor Cohen, moved the Closed Session be TABLED by the following vote:

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

140938 [Closed Session - Anticipated Litigation - Establishing Community Facilities District 2014-1 (Transbay Transit Center)] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on September 9, 2014, for the purpose of conferring with or receiving advice from the City Attorney regarding anticipated litigation relating to the potential formation of Special Tax District 2014-1, also known as the Transbay Transit Community Facilities District; in which the City is a potential defendant; pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(2), which permits this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in anticipated litigation. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. Tom Gilberty; expressed concerns on open information and government. There were no other speakers. The President declared public comment closed. Motion No. M14-153 APPROVED by the following vote:

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

suant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Persons in attendance: Jon Givner, James Emery, Jesse Smith, and Mark Blake (Office of the City Attorney); Adam Varat (Planning Department); Nadia Sesay, Director (Mayor’s Office of Public Finance); Ken Rich and Lisa Pagan (Office of Economic and Workforce Development); Courtney Cash (Mayor’s Office); Chris Lynch (Jones Hall); and Rick Caldeira, Legislative Deputy Director, and Alisa Somera (Office of the Clerk of the Board). Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENING OF THE BOARD The Board reconvened at the hour of 6:05 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee [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 Kim, seconded by Supervisor Breed, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

140913 [Final Map 7820 - 124-5th Avenue] Motion approving Final Map 7820, a six residential unit condominium project, located at 124-5th Avenue, being a subdivision of Assessor’s Block No. 1364, Lot No. 034, 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. M14-152 APPROVED The foregoing items were acted upon by the following vote:

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

Absent: Kim

Supervisor Kim, 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

The foregoing items were acted upon by the following vote:

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

140933 [Infant Mortality Awareness Month - September] Sponsor: Cohen Resolution declaring September “Infant Mortality Awareness Month” in the City and County of San Francisco. Supervisor Cohen, seconded by Supervisor Tang, moved to AMEND the Resolution on Page 1, Line 11, by changing 'week' to 'year'. The motion carried by the following vote:

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

Absent: Kim

ADOPTED AS AMENDED by the following vote:

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

Absent: Kim

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

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

Supervisor Cohen, seconded by Supervisor Tang, moved that this Resolution be AMENDED on Page 1, Line 11, by changing 'week' to 'year'. The motion carried by the following vote:

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

Resolution No. 337-14 ADOPTED AS AMENDED by the following vote:

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

140934 [Apply for Grant - State-County Assessors' Partnership Agreement Program - Not to Exceed $530,000 Annually Plus Required Matching Funds] Sponsor: Farrell Resolution authorizing the Office of the Assessor-Recorder to apply for the State-County Assessors' Partnership Agreement Program to improve the administration of the county property tax rolls and related essential duties for an amount not to exceed $530,000 annually plus required dollar-for-dollar matching funds for FYs 2014-2015 through 2016-2017 to commence no later than September 15, 2014, if approved. ADOPTED by the following vote:

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

Supervisor Kim, 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

Resolution No. 325-14 ADOPTED by the following vote:

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

140948 [Support for San Francisco to Host AIDS 2018] Sponsors: Wiener; Campos, Chiu and Cohen Resolution supporting San Francisco’s bid to host the 22nd International AIDS Conference in 2018. Resolution No. 338-14 Supervisor Wiener, seconded by Supervisor Campos, moved that this Resolution be ADOPTED. The motion carried by the following vote:

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

[Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time " the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Breed, seconded by Supervisor Avalos, moved ADOPTION of the serious injury finding. The motion carried by the following vote:

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

[Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Breed, seconded by Supervisor Avalos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote:

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

140949 [Denouncing the 49ers for Allowing Ray McDonald to Continue Playing While Facing Felony Domestic Violence Charges] Sponsor: Breed Resolution denouncing the 49ers franchise for allowing Ray McDonald to continue playing during an active investigation for felony domestic violence charges and urging both the 49ers and the NFL to strengthen their policies against domestic violence. Resolution No. 339-14 Supervisor Breed, seconded by Supervisor Avalos, moved that this Resolution be ADOPTED. The motion carried by the following vote:

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