Board of Supervisors Minutes: September 23, 2014

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. Ordinance No. 202-14 FINALLY PASSED by the following vote:

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

Noes: None

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) Ordinance No. 203-14 FINALLY PASSED by the following vote:

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

Noes: None

140846 [Contracting Process for the Police Department Traffic Company and Forensic Services Division Project] Ordinance modifying the requirements of Administrative Code, Section 6.68(H), to authorize the Director of Public Works to issue Requests for Proposals to pre-qualified Construction Managers/General Contractors (CM/GC) and their teams of pre-qualified core trade subcontractors to design-build the mechanical, electrical, plumbing, and exterior building envelope scopes of work for the Traffic Company and Forensic Services Division Project; use cost and non-cost criteria to evaluate the design-build proposals for the core trade work; and award a prime contract to the CM/GC based in part on an evaluation of cost and non-cost criteria for the core trade work; and making environmental findings. (Public Works Department) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

140851 [Appropriation and De-Appropriation - Surplus Expenditure of $12,292 Supporting Increased Overtime Expenditures - FY2013-2014] Sponsor: Mayor Ordinance appropriating $12,292 to overtime and de-appropriating $12,292 in fringe benefits in the Public Utilities Commission Bureau Operating Budget to support the department’s projected increases in overtime as required per Ordinance No. 194-11 retroactive to June 30, 2014. PASSED, ON FIRST READING by the following vote:

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

Noes: None

140852 [Appropriation and De-Appropriation - Surplus Expenditure of $79,437 Supporting Increased Overtime Expenditures - FY2013-2014] Sponsor: Mayor Ordinance appropriating $79,437 to overtime and de-appropriating $79,437 in salaries in the Public Utilities Commission Water Enterprise Department Operating Budget to support the department’s projected increases in overtime as required per Ordinance No. 194-11 retroactive to June 30, 2014. PASSED, ON FIRST READING by the following vote:

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

Noes: None

140853 [Appropriation and De-Appropriation - Surplus Expenditure of $193,935 Supporting Increased Overtime Expenditures - FY2013-2014] Sponsor: Mayor Ordinance appropriating $193,935 to overtime and de-appropriating $193,935 in salaries in the Public Utilities Commission Wastewater Enterprise Department Operating Budget to support the department’s projected increases in overtime as required per Ordinance No. 194-11 retroactive to June 30, 2014. PASSED, ON FIRST READING by the following vote:

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

Noes: None

Mayor Ordinance approving the remarketing of the City and County of San Francisco Finance Corporation Lease Revenue Refunding Bonds, Series 2008-1 (Moscone Center Expansion Project) and City and County of San Francisco Finance Corporation Lease Revenue Refunding Bonds, Series 2008-2 (Moscone Center Expansion Project); approving the form of a reimbursement agreement among the City and County of San Francisco, the City and County of San Francisco Finance Corporation, and the State Street Bank and Trust Company; approving the form of an amended and restated reimbursement agreement; approving the form of a fee agreement; approving the form of an amended and restated fee agreement; approving the form of a remarketing supplement; approving the form of custodian agreement; approving the form of amended and restated custodian agreement; granting general authority to City officials to take necessary actions in connection with the remarketing of the Bonds; approving modifications to documents; approving the execution and delivery of certain documents described herein and ratifying previous actions taken in connection therewith. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

140501 [Lease Amendment - T. Mobile West, LLC - Cellular Service Equipment Sites] Resolution retroactively approving Amendment No. 1 to the Cellular Service Equipment Sites Lease No. 09-0051C between T-Mobile West, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, extending the term for five years from July 1, 2014, through June 30, 2019. (Airport Commission) (Fiscal Impact) Resolution No. 353-14 ADOPTED by the following vote:

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

Noes: None

140502 [Lease and Use Agreement Modification - Hawaiian Airlines, Inc. - $870,350] Resolution approving Modification No. 1 to 2011 Lease and Use Agreement No. L11-0011 between Hawaiian Airlines, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, to add the administrative office (538 square feet) to the lease, for a minimum guarantee of $870,350 over the remainder of the lease expiring on June 30, 2021. (Airport Commission) (Fiscal Impact) Resolution No. 354-14 ADOPTED by the following vote:

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

Noes: None

140503 [Lease and Use Agreement Modification - United Airlines, Inc. - $92,628,977] Resolution approving and authorizing the execution of Modification No. 1 to the Lease and Use Agreement L10-0097 with United Airlines, Inc., at the San Francisco International Airport to increase the premises by approximately 92,331 square feet of exclusive use space in a total amount of $92,628,977 over the remaining seven years of the term, expiring on June 30, 2021. (Airport Commission) (Fiscal Impact) Resolution No. 355-14 ADOPTED by the following vote:

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

Noes: None

140861 [Master Lease Amendment - United States Navy - Treasure Island Childcare] Resolution approving Amendment No. 10 to the Treasure Island Childcare Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year for the period of December 1, 2014, through November 30, 2015. (Treasure Island Development Authority) Resolution No. 356-14 ADOPTED by the following vote:

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

Noes: None

140862 [Master Lease Amendment - United States Navy - Treasure Island Event Venues] Resolution approving Amendment No. 26 to the Treasure Island Event Venues Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year for the period of December 1, 2014, through November 30, 2015. (Treasure Island Development Authority) Resolution No. 357-14 ADOPTED by the following vote:

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

Noes: None

140863 [Master Lease Amendment - United States Navy - Treasure Island Fire Fighting Training Center] Resolution approving the Sixth Amendment to the Treasure Island Fire Fighting Training Center Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year for the period of December 1, 2014, through November 30, 2015. (Treasure Island Development Authority) Resolution No. 358-14 ADOPTED by the following vote:

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

Noes: None

140864 [Master Lease Amendment - United States Navy - Treasure Island Land and Structures] Resolution approving Amendment No. 39 to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year for the period of December 1, 2014, through November 30, 2015. (Treasure Island Development Authority) Resolution No. 359-14 ADOPTED by the following vote:

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

Noes: None

140865 [Master Lease Amendment - United States Navy - Treasure Island Marina] Resolution approving Amendment No. 18 to the Treasure Island Marina Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year for the period of December 1, 2014, through November 30, 2015. (Treasure Island Development Authority) Resolution No. 360-14 ADOPTED by the following vote:

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

Noes: None

140866 [Master Lease Amendment - United States Navy - Treasure Island South Waterfront] Resolution approving Amendment No. 30 to the Treasure Island South Waterfront Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year for the period of December 1, 2014, through November 30, 2015. (Treasure Island Development Authority) Resolution No. 361-14 ADOPTED by the following vote:

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

Noes: None

140903 [Contracts - Various Vendors - Technology Marketplace - Not to Exceed $12,000,000 Each] Resolution authorizing the Office of Contract Administration to enter into nine contracts for the Technology Marketplace (Successor to the Technology Store) purchases between the City and County and En Pointe Technologies, Inc., World Wide Technology, Inc., ComputerLand of Silicon Valley, Xtech JV, Technology Integration Group, Central Computers, Stellar Services, Robert Half Technology, and InterVision Systems Technologies, Inc., with initial not to exceed amounts of $12,000,000 each, for the term ending September 30, 2017, to commence following Board approval, with two options to extend the contracts for up to one year each at the sole and absolute discretion of the City. (Office of Contract Administration) (Fiscal Impact) Resolution No. 362-14 ADOPTED by the following vote:

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

Noes: None

140924 [Multifamily Housing Revenue Note (Bill Sorro Community) - Not to Exceed $25,000,000] Sponsors: Kim; Mar Resolution authorizing the execution, sale, and delivery of a multifamily housing revenue note in an aggregate principal amount not to exceed $25,000,000 for the purpose of providing financing for the construction of a 67-unit affordable rental housing development known as Bill Sorro Community; approving the form of and authorizing the execution of a funding loan agreement and a borrower loan agreement; providing the terms and conditions of the note and authorizing the execution and delivery thereof; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes, and additions to the documents; granting general authority to City officials to take actions necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the note and the project, as defined herein. Resolution No. 363-14 ADOPTED by the following vote:

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

Noes: None

140925 [Property Conveyance and Ground Lease - 67 Units Affordable Housing - Mercy Housing California 51 - 1009 Howard Street] Sponsors: Kim; Mar Resolution approving and authorizing the conveyance of real property located at 1009 Howard Street from the Office of Community Investment and Infrastructure to the Mayor’s Office of Housing and Community Development (as Successor Housing Agency to the San Francisco Redevelopment Agency); approving and authorizing the Mayor’s Office of Housing and Community Development to enter into a 99 year ground lease totaling $99 with Mercy Housing California 51, a California limited partnership, for the development and operation of 66 units of affordable housing (plus one manager’s unit) on such property; and making findings that the conveyance and ground lease are in conformance with the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1. Resolution No. 364-14 ADOPTED by the following vote:

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

Noes: None

140777 [Landmark Tree Designation - Giant Sequoia Located at 3066 Market Street] Sponsors: Wiener; Campos Ordinance designating the Giant Sequoia (Sequoiadendron giganteum) tree at 3066 Market Street (Assessor’s Block No. 2656, Lot. No. 020) as a landmark tree pursuant to Public Works Code, Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Supervisor Campos requested to be added as a co-sponsor. Supervisor Wiener, seconded by Supervisor Campos, AMENDED on Page 1, Lines 6 and 7, by adding 'as detailed in the Ordinance.' The motion carried by the following vote:

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

Noes: None

Ordinance designating the Giant Sequoia (Sequoiadendron giganteum) tree at 3066 Market Street (Assessor’s Block No. 2656, Lot. No. 020) as a landmark tree pursuant to Public Works Code, Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation as detailed in the Ordinance. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Facilities District No. 2014-1 (Transbay Transit Center) and determining other matters in connection therewith. The amendments to the accompanying report, as provided by the Office of Public Finance, included in File No. 140814, were received without objection. Supervisor Kim, seconded by Supervisor Campos, AMENDED on Page 3, Lines 7 through 9, by adding 'September 9, 2014; and WHEREAS, The Board of Supervisors continued the public hearing on September 2014, and further continued the public hearing to September 23, 2014' and on Page 6, Lines 12 through 18, by adding "FURTHER RESOLVED, This Board of Supervisors hereby acknowledges receipt and accepts the terms of a statement from each of the three public agencies in accordance with Government Code 53111 in which each states that all or a portion of its land is intended to be transferred to private ownership, that its land will be subject to the special tax on the same basis as private property within the CFD and that it affirmatively waives any defense based on the fact of public ownership, to any action to foreclose on the property in the event of nonpayment of the special tax; and, be it'. The motion carried by the following vote:

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

Noes: None

Resolution No. 350-14 ADOPTED AS AMENDED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: None

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. Resolution No. 351-14 ADOPTED by the following vote:

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

Noes: None

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 Campos, AMENDED on Page 2, Lines 21 and 22, by adding 'December 29, 2014'. The motion carried by the following vote:

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

Noes: None

Resolution No. 352-14 ADOPTED AS AMENDED by the following vote:

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

Noes: None

140961 [Reappointment, Peninsula Corridor Joint Powers Board - Supervisor Malia Cohen] Motion reappointing Supervisor Malia Cohen to the Peninsula Corridor Joint Powers Board, for the unexpired portion of a two-year term ending June 30, 2016. (Clerk of the Board) Motion No. M14-155 APPROVED by the following vote:

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

Noes: None

Excused: Cohen

140967 [Appointment, In-Home Supportive Services Public Authority - Rita Semel] Motion appointing Rita Semel, term ending March 1, 2016, to the In-Home Supportive Services Public Authority. (Rules Committee) Motion No. M14-156 APPROVED by the following vote:

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

Noes: None

140968 [Appointment, Urban Forestry Council - Michael Sullivan] Motion appointing Michael Sullivan, term ending November 18, 2016, to the Urban Forestry Council. (Rules Committee) Motion No. M14-157 APPROVED by the following vote:

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

Noes: None

140974 [Confirming Appointment, Successor Agency Commission (Commission on Community Investment and Infrastructure) - Miguel Bustos] Sponsor: Mayor Motion confirming the Mayor’s appointment of Miguel Bustos to the Commission on Community Investment and Infrastructure for a term ending November 3, 2016. Motion No. M14-158 APPROVED by the following vote:

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

Noes: None

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. PASSED, ON FIRST READING by the following vote:

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

Noes: None

140973 [Final Map 7721 - 25 Camp Street] Motion approving Final Map 7721, a six residential unit condominium project, located at 25 Camp Street, being a subdivision of Assessor’s Block No. 3568, Lot No. 050, 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. M14-160 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None