# Board of Supervisors Minutes: September 16, 2014 - Meeting date: 2014-09-16 - Document type: minutes - Pages in official PDF: 15 - [Canonical HTML transcript](https://sfbos.info/documents/212/2014-09-16-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=339099&GUID=DFC193F6-17FD-457B-8DA1-262871480F8C) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 140964: Formal Policy Discussions - September 16, 2014 - Pages: 2-3 ### File 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 - Pages: 3 ### File 140873: Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2014-2015 - Pages: 3 - Vote 1: final-passage, likely final - Action: 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) Ordinance No. 200-14 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140918: Appropriation - Legal Services for Unaccompanied Children and Families - Mayor’s Office of Housing - $2,127,600 - FYs 2014-2015 and 2015-2016 - Pages: 4 - Vote 1: first-reading - Action: 140918 [Appropriation - Legal Services for Unaccompanied Children and Families - Mayor’s Office of Housing - $2,127,600 - FYs 2014-2015 and 2015-2016] Sponsors: Campos; Avalos, Yee and Mar Ordinance appropriating $2,127,600 from the General Fund Reserve to the Mayor’s Office of Housing, $1,063,800 in FY2014-2015 and $1,063,800 in FY2015-2016, for legal services for unaccompanied children and families on the San Francisco Immigration Court's expedited removal docket. (Fiscal Impact) Supervisor Mar 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 ### File 140754: Sublease and Property Management Agreement - John Stewart Company - Treasure and Yerba Buena Islands Market Rate Rental Housing - $632,806 Yearly Base Rent - Pages: 4 - Vote 1: adoption, likely final - Action: 140754 [Sublease and Property Management Agreement - John Stewart Company - Treasure and Yerba Buena Islands Market Rate Rental Housing - $632,806 Yearly Base Rent] Resolution approving a Sublease and Property Management Agreement for Treasure and Yerba Buena Islands market rate rental housing between the Treasure Island Development Authority and the John Stewart Company, with a yearly base rent of $632,806 for a seven-year term, to commence following Board approval, with a three-year option to extend. (Treasure Island Development Authority) Resolution No. 340-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140921: Revolving Fund Agreement - California Victim Compensation and Government Claims Board - Burial or Emergency Relocation of Homicide Victims - $75,000 - Pages: 4-5 - Vote 1: adoption, likely final - Action: 140921 [Revolving Fund Agreement - California Victim Compensation and Government Claims Board - Burial or Emergency Relocation of Homicide Victims - $75,000] Sponsor: Breed Resolution retroactively authorizing the Office of the District Attorney to renew its current agreement with the California Victim Compensation and Government Claims Board, an agent of the State of California, for a revolving fund in the amount of $75,000 to be used to pay for verified funeral/burial, relocation, crime scene clean-up, and other emergency loss expenses for eligible homicide victims for the period of July 1, 2014, through June 30, 2017. Resolution No. 341-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140922: Accept In-Kind Gift - Vera Institute of Justice - Prosecution and Racial Justice Program Technical Assistance - $408,654 - Pages: 5 - Vote 1: adoption, likely final - Action: 140922 [Accept In-Kind Gift - Vera Institute of Justice - Prosecution and Racial Justice Program Technical Assistance - $408,654] Sponsor: Breed Resolution retroactively authorizing the Office of the District Attorney to accept an in-kind gift of Prosecution and Racial Justice Program technical assistance valued at $408,654 from the Vera Institute of Justice for the grant period of January 1, 2014, through June 30, 2015. Resolution No. 342-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140931: Accept and Expend Grant - Vera Institute of Justice - Preventing Crime and Victimization - $228,283 - Pages: 5 - Vote 1: adoption, likely final - Action: 140931 [Accept and Expend Grant - Vera Institute of Justice - Preventing Crime and Victimization - $228,283] Sponsor: Chiu Resolution retroactively authorizing the Office of the District Attorney to accept and expend a technical assistance grant valued at $228,283 from the Vera Institute of Justice, funded by the Foundation to Promote Open Society, for the grant period of June 1, 2014, through May 31, 2016, to enhance the Office’s Community Safety and Performance Strategy, to prevent crime and victimization by improving operational performance through research and data-driven approaches to prosecution. Resolution No. 343-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140120: Building Code - Earthquake Performance Evaluation of Private School Structures - Pages: 5-6 - Vote 1: first-reading - Action: 140120 [Building Code - Earthquake Performance Evaluation of Private School Structures] Sponsors: Mayor; Breed, Campos, Chiu, Farrell, Mar, Tang, Wiener and Yee Ordinance amending the Building Code to 1) require that existing private elementary and secondary schools obtain an evaluation by a licensed structural engineer for performance during a future earthquake, 2) assess a fee for Building Department review and related evaluation processing, 3) exempt certain buildings from the evaluation requirements, 4) provide that buildings where voluntary seismic retrofit work is done to specified standards shall not be identified as a seismic hazard under later-enacted local building standards, and 5) require that a building changing to a school occupancy classification comply with the evaluation requirements; making environmental findings and findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140939: Board Response - Civil Grand Jury - The Port of San Francisco, Caught Between Public Trust and Private Dollars - Pages: 6 - Vote 1: adoption, likely final - Action: 140939 [Board Response - Civil Grand Jury - The Port of San Francisco, Caught Between Public Trust and Private Dollars] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “The Port of San Francisco, Caught Between Public Trust and Private Dollars;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 344-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140940: Board Response - Civil Grand Jury - Rising Sea Levels...At Our Doorstep - Pages: 6-7 - Vote 1: adoption, likely final - Action: 140940 [Board Response - Civil Grand Jury - Rising Sea Levels...At Our Doorstep] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “Rising Sea Levels…At Our Doorstep;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 345-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140941: Board Response - Civil Grand Jury - Ethics in the City: Promise, Practice or Pretense - Pages: 7 - Vote 1: adoption, likely final - Action: 140941 [Board Response - Civil Grand Jury - Ethics in the City: Promise, Practice or Pretense] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “Ethics in the City: Promise, Practice or Pretense;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 346-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140958: Supporting California Proposition 47 - The Safe Neighborhoods and Schools Initiative - Pages: 8 ### File 140960: Cost of Living Adjustment to the Contract for Budget and Legislative Analyst Services - FYs 2014-2015 and 2015-2016 - Pages: 8 - Vote 1: approval, likely final - Action: 140960 [Cost of Living Adjustment to the Contract for Budget and Legislative Analyst Services - FYs 2014-2015 and 2015-2016] Motion to enact a 3.00 percent Cost of Living Adjustment (COLA) to the current $2,000,000 contract for Budget and Legislative Analyst Services, to be effectuated no earlier than October 1, 2014, resulting in a 2.25 percent, or $45,000, increase to the contract in FY2014-2015 and directing the Clerk of the Board to take all necessary administrative action to amend the contract accordingly and further directing the Clerk of the Board to include the annualized cost of the 3.00 percent COLA in the Department of the Board of Supervisors’ FY2015-2016 proposed budget. (Clerk of the Board) Motion No. M14-154 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140956: Recognizing San Francisco’s Camp Mather and Commending Those Who Helped Save it from the Rim Fire of 2013 - Pages: 8-9 - Vote 1: amendment - Action: 140956 [Recognizing San Francisco’s Camp Mather and Commending Those Who Helped Save it from the Rim Fire of 2013] Sponsors: Avalos; Tang, Kim and Farrell Resolution recognizing the 90th Anniversary of San Francisco’s Camp Mather, and commending those who helped save Camp Mather, located in the Stanislaus National Forest, from the devastating Rim Fire of August 17, 2013, through October 25, 2013. Supervisors Tang, Kim, and Farrell requested to be added as co-sponsors. Supervisor Avalos, seconded by Supervisor Campos, 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 - Vote 2: adoption, likely final - Action: Resolution No. 347-14 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140959: Opposing Sex-Selective Abortion Bans - Pages: 9 - Vote 1: adoption, likely final - Action: 140959 [Opposing Sex-Selective Abortion Bans] Sponsors: Chiu; Kim, Tang, Breed, Cohen and Mar Resolution affirming San Francisco’s opposition to “Sex-Selective Abortion Bans” that perpetuate racial stereotypes. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 349-14 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140724: Planning Code - Nighttime Entertainment and Uses Greater than 25,000 Square Feet in Western SoMa - Pages: 9-10 ### File 140874: Administrative, Subdivision Codes - Tenant Buyout Agreements - Pages: 10 ### File 140979: Park Code - Flexible Pricing at Gleneagles Golf Course; Lease Amendment - Gleneagles Golf Partners, LP - Operation of Gleneagles Golf Course - Percentage of Gross Revenues - Pages: 10 ### File 140980: Summary Street Vacation - Portion of Raccoon Drive - Pages: 10 ### File 140981: Administrative Code - Street Light Policy - Pages: 10-11 ### File 140982: Planning Code - Arcades in the Upper Market Street Neighborhood Commercial Transit District - Pages: 11 ### File 140942: Board Response - Civil Grand Jury Report - Inquiry into the Operation and Programs of the San Francisco Jails - Pages: 11 ### File 140943: Board Response - Civil Grand Jury Report - The Mayor's Office of Housing, Under Pressure and Challenged to Preserve Diversity - Pages: 11-12 ### File 140983: Master Lease - 250 Kearny Street, LLC - 136 Residential Units - $161,840 Monthly Initial Rent - Pages: 12 ### File 140984: Agreement Amendment - Armed and Unarmed Security Services - Cypress Security, LLC - Not to Exceed $35,900,000 - Pages: 12 ### File 140985: Urging Support of the Expanded Use of Pre-Exposure Prophylaxis - Pages: 12 ### File 140986: Hearing - Don't Block the Box Traffic Congestion Program - Pages: 12 ### File 140987: Hearing - Educational and Support Services for Unaccompanied Immigrant Children - Pages: 12-13 ### File 140988: Hearing - Bicycle Access on Muni - Pages: 13 ### File 140798: Business and Tax Regulations Code - Amendments to Common Administrative Provisions, Business Registration, Payroll Expense Tax, and Gross Receipts Tax - Pages: 13 ### File 140947: Settlement of Lawsuit - Carpenter’s Union Local 22 - $60,000 - Pages: 13-14 ### File 140945: California Environmental Quality Act Findings and Mitigation Agreements - Various Cemeteries and the California Golf Club - Regional Groundwater Storage and Recovery Project - Pages: 14 ### File 140946: Lease Amendments - Bay Area Restaurant Group, JV - Bayport Concessions, LLC - SSP America, Inc. - Gotham Enterprises, LLC - Sankaku, Inc. - Airport Concessions - Pages: 14-15 ## Extracted text ### [Page 1](https://sfbos.info/documents/212/2014-09-16-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 16, 2014 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, LONDON BREED, DAVID CAMPOS, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, KATY TANG, SCOTT WIENER, NORMAN YEE Angela Calvillo, Clerk of the Board BOARD COMMITTEES Budget and Finance Committee Wednesday Supervisors Farrell, Mar, Avalos 10:00 AM City and School District Select Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners Mendoza-McDonnell, Fewer, Wynns 3:30 PM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Breed, Tang, Chiu 11:00 AM Land Use and Economic Development Committee Monday Supervisors Wiener, Kim, Cohen 1:30 PM Neighborhood Services and Safety Committee 1st and 3rd Thursday Supervisors Campos, Mar, Yee 10:00 AM Rules Committee 1st and 3rd Thursday Supervisors Yee, Tang, Campos 2:00 PM Volume 109 Number 30 ### [Page 2](https://sfbos.info/documents/212/2014-09-16-minutes#page-2) Board of Supervisors Meeting Minutes 9/16/2014 Members Present: John Avalos, London Breed, David Campos, David Chiu, Malia Cohen, Mark Farrell, Jane Kim, Eric Mar, Katy Tang, Scott Wiener, and Norman Yee ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:08 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. COMMUNICATIONS There were none. SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board 140964 [Formal Policy Discussions - September 16, 2014] Pursuant to Charter Sections 2.103 and 3.100(7), and Administrative Code Section 2.11, the Mayor shall answer the following eligible question submitted from the Supervisor representing District 10. The Mayor may address the Board initially for up to five minutes. Discussion shall not exceed five minutes per Supervisor. 1. I have been working on acquiring a property at 66 Raymond Avenue to use as an intergenerational space for community programming and services in the Visitacion Valley community. This acquisition has been complicated due to the nature of the ownership and history of the property. Throughout this process, you have expressed support for this acquisition. What is your vision for this space and how can you help move this acquisition forward? (Supervisor Cohen, District 10) Mayor Edwin Lee addressed the Board of Supervisors and discussed the above referenced questions. Following public comment this matter was filed. No further action was taken. HEARD AND FILED City and County of San Francisco Page 667 Printed at 1:17 pm on 10/27/14 ### [Page 3](https://sfbos.info/documents/212/2014-09-16-minutes#page-3) Board of Supervisors Meeting Minutes 9/16/2014 CONSENT AGENDA Recommendations of the Budget and Finance Committee 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) Ordinance No. 199-14 FINALLY PASSED 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) Ordinance No. 200-14 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee REGULAR AGENDA UNFINISHED BUSINESS There were no items. City and County of San Francisco Page 668 Printed at 1:17 pm on 10/27/14 ### [Page 4](https://sfbos.info/documents/212/2014-09-16-minutes#page-4) Board of Supervisors Meeting Minutes 9/16/2014 NEW BUSINESS Recommendations of the Budget and Finance Committee 140918 [Appropriation - Legal Services for Unaccompanied Children and Families - Mayor’s Office of Housing - $2,127,600 - FYs 2014-2015 and 2015-2016] Sponsors: Campos; Avalos, Yee and Mar Ordinance appropriating $2,127,600 from the General Fund Reserve to the Mayor’s Office of Housing, $1,063,800 in FY2014-2015 and $1,063,800 in FY2015-2016, for legal services for unaccompanied children and families on the San Francisco Immigration Court's expedited removal docket. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 140754 [Sublease and Property Management Agreement - John Stewart Company - Treasure and Yerba Buena Islands Market Rate Rental Housing - $632,806 Yearly Base Rent] Resolution approving a Sublease and Property Management Agreement for Treasure and Yerba Buena Islands market rate rental housing between the Treasure Island Development Authority and the John Stewart Company, with a yearly base rent of $632,806 for a seven-year term, to commence following Board approval, with a three-year option to extend. (Treasure Island Development Authority) Resolution No. 340-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 140921 [Revolving Fund Agreement - California Victim Compensation and Government Claims Board - Burial or Emergency Relocation of Homicide Victims - $75,000] Sponsor: Breed Resolution retroactively authorizing the Office of the District Attorney to renew its current agreement with the California Victim Compensation and Government Claims Board, an agent of the State of California, for a revolving fund in the amount of $75,000 to be used to pay for verified funeral/burial, relocation, crime scene clean-up, and other emergency loss expenses for eligible homicide victims for the period of July 1, 2014, through June 30, 2017. Resolution No. 341-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 669 Printed at 1:17 pm on 10/27/14 ### [Page 5](https://sfbos.info/documents/212/2014-09-16-minutes#page-5) Board of Supervisors Meeting Minutes 9/16/2014 140922 [Accept In-Kind Gift - Vera Institute of Justice - Prosecution and Racial Justice Program Technical Assistance - $408,654] Sponsor: Breed Resolution retroactively authorizing the Office of the District Attorney to accept an in-kind gift of Prosecution and Racial Justice Program technical assistance valued at $408,654 from the Vera Institute of Justice for the grant period of January 1, 2014, through June 30, 2015. Resolution No. 342-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 140931 [Accept and Expend Grant - Vera Institute of Justice - Preventing Crime and Victimization - $228,283] Sponsor: Chiu Resolution retroactively authorizing the Office of the District Attorney to accept and expend a technical assistance grant valued at $228,283 from the Vera Institute of Justice, funded by the Foundation to Promote Open Society, for the grant period of June 1, 2014, through May 31, 2016, to enhance the Office’s Community Safety and Performance Strategy, to prevent crime and victimization by improving operational performance through research and data-driven approaches to prosecution. Resolution No. 343-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendation of the Land Use and Economic Development Committee 140120 [Building Code - Earthquake Performance Evaluation of Private School Structures] Sponsors: Mayor; Breed, Campos, Chiu, Farrell, Mar, Tang, Wiener and Yee Ordinance amending the Building Code to 1) require that existing private elementary and secondary schools obtain an evaluation by a licensed structural engineer for performance during a future earthquake, 2) assess a fee for Building Department review and related evaluation processing, 3) exempt certain buildings from the evaluation requirements, 4) provide that buildings where voluntary seismic retrofit work is done to specified standards shall not be identified as a seismic hazard under later-enacted local building standards, and 5) require that a building changing to a school occupancy classification comply with the evaluation requirements; making environmental findings and findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 670 Printed at 1:17 pm on 10/27/14 ### [Page 6](https://sfbos.info/documents/212/2014-09-16-minutes#page-6) Board of Supervisors Meeting Minutes 9/16/2014 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Campos, seconded by Supervisor Avalos, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Campos introduced, welcomed, and presented Certificates of Honor to William Garcia, Walter Garcia, Bryan Suchi, Edwin Suchi, Natali Ulloa, Fatima Ulloa, Axa Gutierrez Ramos, Luis Antonio Cornejo Giron, Marilin Corina De Leon Salazar, Sthefany Paola Villalobos Moreno, and Melquin Ivan Cabrera Reyes in recognition of their bravery in telling their stories at the September 10, 2014, Budget and Finance Committee Meeting. COMMITTEE REPORTS Recommendations of the Government Audit and Oversight Committee 140939 [Board Response - Civil Grand Jury - The Port of San Francisco, Caught Between Public Trust and Private Dollars] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “The Port of San Francisco, Caught Between Public Trust and Private Dollars;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 344-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 140940 [Board Response - Civil Grand Jury - Rising Sea Levels...At Our Doorstep] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “Rising Sea Levels…At Our Doorstep;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 345-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 671 Printed at 1:17 pm on 10/27/14 ### [Page 7](https://sfbos.info/documents/212/2014-09-16-minutes#page-7) Board of Supervisors Meeting Minutes 9/16/2014 140941 [Board Response - Civil Grand Jury - Ethics in the City: Promise, Practice or Pretense] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “Ethics in the City: Promise, Practice or Pretense;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 346-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. Supervisor Breed was noted absent at 3:02 p.m., and noted present at 3:17 p.m. Supervisor Campos was noted absent at 3:40 p.m., and noted present at 3:49 p.m. PUBLIC COMMENT Reuben Goodman; expressed various concerns relating to evictions for the mental health community. Christopher Dahl; expressed various concerns relating to personal transit. Male Speaker; expressed various concerns relating to domestic violence. Male Speaker; expressed various concerns. Antonio Gonzales; expressed various concerns relating to mascots, institutional racism, and human rights in sports. Bonnie Kwon; spoke in support of proposed legislation relating to ban against sex-selection abortions. Avani Mody; spoke in support of proposed legislation relating to ban against sex-selection abortions. Maria Nakae; spoke in support of proposed legislation relating to ban against sex-selection abortions. Chelsea Gelbart; spoke in support of proposed legislation relating to ban against sex-selection abortions. Male Speaker; expressed various religious concerns. Tom Gilberty; expressed various concerns. City and County of San Francisco Page 672 Printed at 1:17 pm on 10/27/14 ### [Page 8](https://sfbos.info/documents/212/2014-09-16-minutes#page-8) Board of Supervisors Meeting Minutes 9/16/2014 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 140958 [Supporting California Proposition 47 - The Safe Neighborhoods and Schools Initiative] Sponsor: Chiu Resolution supporting California Proposition 47 to reduce the penalties for certain non-serious and non-violent property and drug crimes, save the State money, and invest in crime prevention programs. Resolution No. 348-14 ADOPTED 140960 [Cost of Living Adjustment to the Contract for Budget and Legislative Analyst Services - FYs 2014-2015 and 2015-2016] Motion to enact a 3.00 percent Cost of Living Adjustment (COLA) to the current $2,000,000 contract for Budget and Legislative Analyst Services, to be effectuated no earlier than October 1, 2014, resulting in a 2.25 percent, or $45,000, increase to the contract in FY2014-2015 and directing the Clerk of the Board to take all necessary administrative action to amend the contract accordingly and further directing the Clerk of the Board to include the annualized cost of the 3.00 percent COLA in the Department of the Board of Supervisors’ FY2015-2016 proposed budget. (Clerk of the Board) Motion No. M14-154 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Severed from the For Adoption Without Committee Reference Agenda Supervisor Avalos requested that File No. 140956 be severed so that it may be considered separately. 140956 [Recognizing San Francisco’s Camp Mather and Commending Those Who Helped Save it from the Rim Fire of 2013] Sponsors: Avalos; Tang, Kim and Farrell Resolution recognizing the 90th Anniversary of San Francisco’s Camp Mather, and commending those who helped save Camp Mather, located in the Stanislaus National Forest, from the devastating Rim Fire of August 17, 2013, through October 25, 2013. Supervisors Tang, Kim, and Farrell requested to be added as co-sponsors. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Resolution No. 347-14 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 673 Printed at 1:17 pm on 10/27/14 ### [Page 9](https://sfbos.info/documents/212/2014-09-16-minutes#page-9) Board of Supervisors Meeting Minutes 9/16/2014 Supervisor Chiu requested that File No. 140959 be severed so that it may be considered separately. 140959 [Opposing Sex-Selective Abortion Bans] Sponsors: Chiu; Kim, Tang, Breed, Cohen and Mar Resolution affirming San Francisco’s opposition to “Sex-Selective Abortion Bans” that perpetuate racial stereotypes. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 349-14 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee IMPERATIVE AGENDA There were no items. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 140724 [Planning Code - Nighttime Entertainment and Uses Greater than 25,000 Square Feet in Western SoMa] Sponsors: Kim; Campos and Wiener Ordinance amending the Planning Code to authorize Elementary and Secondary Schools and Child Care uses to exceed 25,000 square feet in the Regional Commercial District, authorize a Nighttime Entertainment use in the Western SoMa Mixed Use-Office Zoning District within 200 feet of any property within a Residential Enclave or Residential Enclave-Mixed District where a Nighttime Entertainment use legally operated within five years prior to an application to re-establish the use, allow Nighttime Entertainment as a permitted use within the Western SoMa Mixed Use-Office Zoning District; and affirming the Planning Department’s California Environmental Quality Act determination and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 06/24/14; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 7/24/2014. 07/15/14; REFERRED TO DEPARTMENT. 07/25/14; RESPONSE RECEIVED. 09/16/14; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 674 Printed at 1:17 pm on 10/27/14 ### [Page 10](https://sfbos.info/documents/212/2014-09-16-minutes#page-10) Board of Supervisors Meeting Minutes 9/16/2014 140874 [Administrative, Subdivision Codes - Tenant Buyout Agreements] Sponsors: Campos; Avalos, Kim and Mar Ordinance amending the Administrative Code to require landlords to provide tenants with a disclosure of the tenants’ rights before the landlord commences buyout negotiations; to require landlords to file a form with the Rent Board indicating the address of the unit that may become the subject of buyout negotiations; to require all buyout agreements to be in writing and to include certain statements about the tenant’s rights; to allow tenants to rescind buyout agreements for up to 45 days after the agreements are fully executed; to require landlords to file a copy of buyout agreements with the Rent Board and to pay a fee to the Rent Board; to require the Rent Board to create a publicly available, searchable database of buyout agreements; to require the Rent Board to provide an annual report to the Board of Supervisors regarding tenant buyouts; to authorize tenants to bring civil actions for actual damages and civil penalties against landlords who fail to provide the required disclosures about the tenants’ rights; and to authorize certain non-profits to bring civil actions for a landlord’s failure to file a buyout agreement with the Rent Board; and amending the Subdivision Code to prohibit buildings from entering the condominium conversion lottery if the owners of the building have entered certain tenant buyout agreements. 07/29/14; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 8/28/2014. 08/15/14; REFERRED TO DEPARTMENT. 09/15/14; TRANSFERRED to Budget and Finance Committee. 09/16/14; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. 140979 [Park Code - Flexible Pricing at Gleneagles Golf Course; Lease Amendment - Gleneagles Golf Partners, LP - Operation of Gleneagles Golf Course - Percentage of Gross Revenues] Sponsor: Cohen Ordinance amending the Park Code to authorize Flexible Pricing at the McLaren Park Gleneagles Golf Course; and making environmental findings. (Fiscal Impact; No Budget and Legislative Analyst Report.) 09/16/14; ASSIGNED to Budget and Finance Committee. 140980 [Summary Street Vacation - Portion of Raccoon Drive] Sponsor: Wiener Ordinance ordering the summary street vacation of a portion of Raccoon Drive, between Twin Peaks Boulevard and Saint Germain Avenue; approving a quitclaim of the City’s interest in the vacation area; approving a public access easement over a portion of the vacation area; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the actions contemplated in this legislation are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in connection with this Ordinance. 09/16/14; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/16/2014. 140981 [Administrative Code - Street Light Policy] Sponsors: Wiener; Cohen and Breed Ordinance amending the Administrative Code to provide a Street Light Policy; and to make relevant findings. 09/16/14; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/16/2014. City and County of San Francisco Page 675 Printed at 1:17 pm on 10/27/14 ### [Page 11](https://sfbos.info/documents/212/2014-09-16-minutes#page-11) Board of Supervisors Meeting Minutes 9/16/2014 140982 [Planning Code - Arcades in the Upper Market Street Neighborhood Commercial Transit District] Sponsor: Wiener Ordinance amending the Planning Code to permit arcades in the Upper Market Street Neighborhood Commercial Transit District; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 09/16/14; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/16/2014. Resolutions 140942 [Board Response - Civil Grand Jury Report - Inquiry into the Operation and Programs of the San Francisco Jails] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “Inquiry into the Operation and Programs of the San Francisco Jails;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) 07/03/14; REFERRED TO DEPARTMENT. 08/19/14; RESPONSE RECEIVED. 08/26/14; RESPONSE RECEIVED. 08/29/14; RESPONSE RECEIVED. 09/02/14; RESPONSE RECEIVED. 09/16/14; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 140943 [Board Response - Civil Grand Jury Report - The Mayor's Office of Housing, Under Pressure and Challenged to Preserve Diversity] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2013-2014 Civil Grand Jury Report, entitled “The Mayor’s Office of Housing, Under Pressure and Challenged to Preserve Diversity;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) 07/07/14; REFERRED TO DEPARTMENT. 09/05/14; RESPONSE RECEIVED. 09/05/14; RESPONSE RECEIVED. 09/05/14; RESPONSE RECEIVED. 09/16/14; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 676 Printed at 1:17 pm on 10/27/14 ### [Page 12](https://sfbos.info/documents/212/2014-09-16-minutes#page-12) Board of Supervisors Meeting Minutes 9/16/2014 140983 [Master Lease - 250 Kearny Street, LLC - 136 Residential Units - $161,840 Monthly Initial Rent] Sponsors: Mayor; Chiu and Farrell Resolution authorizing the execution and acceptance of a Residential Master Lease by and between the City and County of San Francisco and 250 Kearny Street, LLC, a California Limited Liability Company, for the real property located at 250 Kearny Street, providing 136 units of affordable housing primarily for chronically homeless veterans, with a monthly initial rent amount of $161,840 for a ten-year term to commence October 1, 2014, with one five-year option to extend. (Fiscal Impact) 09/16/14; RECEIVED AND ASSIGNED to Budget and Finance Committee. 140984 [Agreement Amendment - Armed and Unarmed Security Services - Cypress Security, LLC - Not to Exceed $35,900,000] Sponsor: Avalos Resolution approving the Seventh Amendment to the Armed and Unarmed Security Services Agreement between the City, through the Municipal Transportation Agency, and Cypress Security, LLC, to increase the amount of the contract by $3,000,000 for a total contract amount not to exceed $35,900,000 and extending the term for six months until March 31, 2015. (Fiscal Impact) 09/16/14; RECEIVED AND ASSIGNED to Budget and Finance Committee. 140985 [Urging Support of the Expanded Use of Pre-Exposure Prophylaxis] Sponsors: Campos; Wiener and Mar Resolution urging support of the expanded use of Pre-Exposure Prophylaxis as a tool to end the HIV/AIDS epidemic. 09/16/14; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 140986 [Hearing - Don't Block the Box Traffic Congestion Program] Sponsors: Kim; Yee, Avalos and Mar Hearing requesting presentations from the Municipal Transportation Agency, the Department of Parking and Traffic, the Police Department, and the Transportation Authority on data gathered and outcomes of the July-September "Don't Block the Box" pilot and next steps for long-term implementation and enforcement of this traffic congestion program. 09/16/14; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 140987 [Hearing - Educational and Support Services for Unaccompanied Immigrant Children] Sponsors: Kim; Campos, Yee and Avalos Hearing requesting presentations from the San Francisco Unified School District, the Department of Public Health, and the Human Services Agency, Family and Children Services Division, regarding educational services and other support services being provided to increased numbers of unaccompanied immigrant children arriving in San Francisco. 09/16/14; RECEIVED AND ASSIGNED to City and School District Select Committee. City and County of San Francisco Page 677 Printed at 1:17 pm on 10/27/14 ### [Page 13](https://sfbos.info/documents/212/2014-09-16-minutes#page-13) Board of Supervisors Meeting Minutes 9/16/2014 140988 [Hearing - Bicycle Access on Muni] Sponsors: Mar; Avalos Hearing on bicycle access on Muni buses and Light Rail Vehicles. 09/16/14; RECEIVED AND ASSIGNED to Neighborhood Services and Safety Committee. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCES 140798 [Business and Tax Regulations Code - Amendments to Common Administrative Provisions, Business Registration, Payroll Expense Tax, and Gross Receipts Tax] Sponsor: Chiu Ordinance amending the Business and Tax Regulations Code by revising the minimum filing amounts for the payroll expense tax and gross receipts tax and making the amounts consistent with administrative requirements for the small business exemptions; clarifying penalty and interest provisions; clarifying that each member of a combined group engaged in business in San Francisco must register with the Tax Collector; clarifying when annual adjustments must be made to the business registration fee; clarifying the basis of the business registration fee; and deleting obsolete registration provisions. 07/11/14; RECEIVED FROM DEPARTMENT. 07/22/14; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 8/21/2014. 08/15/14; REFERRED TO DEPARTMENT. 09/02/14; RECEIVED FROM DEPARTMENT. 09/16/14; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. 140947 [Settlement of Lawsuit - Carpenter’s Union Local 22 - $60,000] Ordinance authorizing settlement of the lawsuit filed by Carpenter’s Local 22 against the City and County of San Francisco for $60,000; the lawsuit was filed on April 8, 2014, in United States District Court, Northern District of California, Case No. CV-14-01615 RS; entitled Carpenters Union, Local 22, v. City and County of San Francisco, et al. (City Attorney) 09/08/14; RECEIVED FROM DEPARTMENT. 09/16/14; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 678 Printed at 1:17 pm on 10/27/14 ### [Page 14](https://sfbos.info/documents/212/2014-09-16-minutes#page-14) Board of Supervisors Meeting Minutes 9/16/2014 PROPOSED RESOLUTIONS 140945 [California Environmental Quality Act Findings and Mitigation Agreements - Various Cemeteries and the California Golf Club - Regional Groundwater Storage and Recovery Project] Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to funding for the Regional Groundwater Storage and Recovery Project; and authorizing the General Manager of the Public Utilities Commission to enter into mitigation agreements with Cypress Lawn Memorial Park Cemetery, Eternal Home Cemetery, Hills of Eternity/Home of Peace/Salem Cemeteries, Holy Cross Catholic Cemetery, Italian Cemetery, Olivet Cemetery, Woodlawn Cemetery, and the California Golf Club for an indefinite term beginning upon execution of the agreements. (Public Utilities Commission) 09/08/14; RECEIVED FROM DEPARTMENT. 09/16/14; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 140946 [Lease Amendments - Bay Area Restaurant Group, JV - Bayport Concessions, LLC - SSP America, Inc. - Gotham Enterprises, LLC - Sankaku, Inc. - Airport Concessions] Resolution approving Amendment No. 1 to Domestic Terminal Food and Beverage Lease No. 03-0184 with Bay Area Restaurant Group, JV (“Max’s Eatz” and “Max’s the Greek”) for a Term of ten years, plus one two-year option and a Minimum Annual Guarantee of $36,103.00; No. 03-0183 with Bayport Concessions, LLC (“Willow Creek Grill”) for a Term of ten years, plus one two-year option and a Minimum Annual Guarantee of $34,237.00; No. 03-0200 with SSP America, Inc. (“Anchor Steam”) for a Term of ten years, plus one two-year option and a Minimum Annual Guarantee of $150,329.00; and Amendment No. 2 to No. 03-0193 with Gotham Enterprises, LLC (“Peet’s Coffee & Tea”) for a Term of ten years, plus one two-year option and a Minimum Annual Guarantee of $36,487.00; and No. 03-0180 with Sankaku, Inc. (“Sankaku”) for a Term of ten years, plus one two-year option and a Minimum Annual Guarantee of $37,125.00; and the City and County of San Francisco, acting by and through its Airport Commission, to commence following Board approval. (Airport Commission) 09/05/14; RECEIVED FROM DEPARTMENT. 09/16/14; RECEIVED AND ASSIGNED to Budget and Finance Committee. Request Granted From: Supervisor Breed To: City Attorney Requesting/Inquiring: Requesting the City Attorney to begin drafting a Charter amendment for the November 2015 ballot that will require the City and the Fire Department to always meet a minimum level of Emergency Medical Services for the people of San Francisco, in similar manner to the minimum fire suppression resources required under the 2005 voter-approved Proposition F. In Memoriams Alden Gilchrist - Board President Chiu Lawrence Shelton, Sr. - Supervisor Breed City and County of San Francisco Page 679 Printed at 1:17 pm on 10/27/14 ### [Page 15](https://sfbos.info/documents/212/2014-09-16-minutes#page-15) Board of Supervisors Meeting Minutes 9/16/2014 ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:06 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on October 21, 2014. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 680 Printed at 1:17 pm on 10/27/14