# Board of Supervisors Minutes: September 23, 2014 - Meeting date: 2014-09-23 - Document type: minutes - Pages in official PDF: 19 - [Canonical HTML transcript](https://sfbos.info/documents/214/2014-09-23-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=339739&GUID=CADC800F-4E9C-4723-A5A1-83AC91728E4B) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 140120: Building Code - Earthquake Performance Evaluation of Private School Structures - Pages: 2-3 - Vote 1: final-passage, likely final - 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. Ordinance No. 202-14 FINALLY PASSED 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: 3 - Vote 1: final-passage, likely final - 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) Ordinance No. 203-14 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140846: Contracting Process for the Police Department Traffic Company and Forensic Services Division Project - Pages: 3-4 - Vote 1: first-reading - Action: 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 ### File 140851: Appropriation and De-Appropriation - Surplus Expenditure of $12,292 Supporting Increased Overtime Expenditures - FY2013-2014 - Pages: 4 - Vote 1: first-reading - Action: 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 ### File 140852: Appropriation and De-Appropriation - Surplus Expenditure of $79,437 Supporting Increased Overtime Expenditures - FY2013-2014 - Pages: 4 - Vote 1: first-reading - Action: 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 ### File 140853: Appropriation and De-Appropriation - Surplus Expenditure of $193,935 Supporting Increased Overtime Expenditures - FY2013-2014 - Pages: 4 - Vote 1: first-reading - Action: 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 ### File 140917: Remarketing of Finance Corporation Lease Revenue Bonds Series 2008-1 and 2008-2 (Moscone Center Expansion Project) - Pages: 4-5 - Vote 1: first-reading - Action: 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 ### File 140501: Lease Amendment - T. Mobile West, LLC - Cellular Service Equipment Sites - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 140502: Lease and Use Agreement Modification - Hawaiian Airlines, Inc. - $870,350 - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 140503: Lease and Use Agreement Modification - United Airlines, Inc. - $92,628,977 - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 140861: Master Lease Amendment - United States Navy - Treasure Island Childcare - Pages: 5-6 - Vote 1: adoption, likely final - Action: 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 ### File 140862: Master Lease Amendment - United States Navy - Treasure Island Event Venues - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 140863: Master Lease Amendment - United States Navy - Treasure Island Fire Fighting Training Center - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 140864: Master Lease Amendment - United States Navy - Treasure Island Land and Structures - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 140865: Master Lease Amendment - United States Navy - Treasure Island Marina - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 140866: Master Lease Amendment - United States Navy - Treasure Island South Waterfront - Pages: 6-7 - Vote 1: adoption, likely final - Action: 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 ### File 140903: Contracts - Various Vendors - Technology Marketplace - Not to Exceed $12,000,000 Each - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 140924: Multifamily Housing Revenue Note (Bill Sorro Community) - Not to Exceed $25,000,000 - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 140925: Property Conveyance and Ground Lease - 67 Units Affordable Housing - Mercy Housing California 51 - 1009 Howard Street - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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 ### File 140777: Landmark Tree Designation - Giant Sequoia Located at 3066 Market Street - Pages: 8 - Vote 1: amendment - Action: 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 - Vote 2: first-reading - Action: 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 ### File 140836: Public Hearing - Establishing the Community Facilities District (CFD) 2014-1 (Transbay Transit Center) - Pages: 8-9 ### File 140814: Resolution of Formation - City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) - Pages: 9 - Vote 1: continuance - Action: 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 - Vote 2: adoption, likely final - Action: 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 ### File 140815: Determining Necessity to Incur Bonded Indebtedness - City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 140816: Special Election for the Community Facilities District No. 2014-1 (Transbay Transit Center) - Pages: 9-10 - Vote 1: amendment - Action: 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 - Vote 2: adoption, likely final - Action: Resolution No. 352-14 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140961: Reappointment, Peninsula Corridor Joint Powers Board - Supervisor Malia Cohen - Pages: 10 - Vote 1: approval, likely final - Action: 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 - Excused: Cohen ### File 140967: Appointment, In-Home Supportive Services Public Authority - Rita Semel - Pages: 10 - Vote 1: approval, likely final - Action: 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 ### File 140968: Appointment, Urban Forestry Council - Michael Sullivan - Pages: 10 - Vote 1: approval, likely final - Action: 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 ### File 140974: Confirming Appointment, Successor Agency Commission (Commission on Community Investment and Infrastructure) - Miguel Bustos - Pages: 10-11 - Vote 1: approval, likely final - Action: 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 ### File 140724: Planning Code - Nighttime Entertainment and Uses Greater than 25,000 Square Feet in Western SoMa - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 140985: Urging Support of the Expanded Use of Pre-Exposure Prophylaxis - Pages: 11-12 ### File 140972: Final Map 7885 - 2401-2405 and 2421-2425 16th Street - Pages: 12 ### File 140973: Final Map 7721 - 25 Camp Street - Pages: 12 - Vote 1: approval, likely final - Action: 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 ### File 120796: Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial District and Deleting the Divisadero Street Restricted Use District - Pages: 13-14 ### File 120814: Planning Code, Zoning Map - Establishing the Fillmore Street Neighborhood Commercial District - Pages: 14 ### 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: 14-15 ### File 140999: Administrative Code - 14B Local Business Enterprise Program - Pages: 15 ### File 141000: Appropriation - Support for HIV Prevention - Department of Public Health - $301,600 - FY2014-2015 - Pages: 15 ### File 141001: Administrative Code - Requiring City Contractors to Submit an Equal Pay Report and Establishing an Equal Pay Advisory Board - Pages: 15 ### File 141002: Police Code - Access to Reproductive Health Care Facilities - Pages: 15-16 ### File 141003: Campaign and Governmental Conduct Code - Conflict of Interest Code Amendments - Pages: 16 ### File 141004: Accept and Expend Grant - Juvenile Justice Accountability Block Grant - $75,889 - Pages: 16 ### File 141005: Street Encroachment - Automated Waste Collection System within Candlestick Point-Hunters Point Shipyard - Pages: 16 ### File 141006: Interim Zoning Controls - New Ground Floor Office Uses Facing 2nd Street, from King and Folsom Streets - Pages: 16-17 ### File 141007: Multifamily Housing Revenue Bonds - 588 Mission Bay Boulevard North (aka, Mission Bay South Block 7 West) - Not to Exceed $60,000,000 - Pages: 17 ### File 141008: Urging the Successful Resolution of Negotiations between the San Francisco Unified School District and the United Educators of San Francisco - Pages: 17 ### File 141009: Concurring in the Second Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area) - Pages: 17-18 ### File 140792: Hearing - Civil Grand Jury Report - Rising Sea Levels... At Our Doorstep - Pages: 18 ### File 140793: Hearing - Civil Grand Jury Report - Ethics in the City: Promise, Practice or Pretense - Pages: 18 ### File 141010: Hearing - Night Noise Permits in Residential Areas - Pages: 18 ### File 141011: Hearing - State of Existing Light Rail Vehicle Fleet - Pages: 18-19 ### File 140970: Administrative Code - Calculating Interest on Residential Rental Security Deposits - Pages: 19 ## Extracted text ### [Page 1](https://sfbos.info/documents/214/2014-09-23-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 23, 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 31 ### [Page 2](https://sfbos.info/documents/214/2014-09-23-minutes#page-2) Board of Supervisors Meeting Minutes 9/23/2014 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 2:07 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA 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. Ordinance No. 202-14 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 681 Printed at 4:16 pm on 11/5/14 ### [Page 3](https://sfbos.info/documents/214/2014-09-23-minutes#page-3) Board of Supervisors Meeting Minutes 9/23/2014 REGULAR AGENDA UNFINISHED BUSINESS Recommendation 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) Ordinance No. 203-14 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 682 Printed at 4:16 pm on 11/5/14 ### [Page 4](https://sfbos.info/documents/214/2014-09-23-minutes#page-4) Board of Supervisors Meeting Minutes 9/23/2014 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 140917 [Remarketing of Finance Corporation Lease Revenue Bonds Series 2008-1 and 2008-2 (Moscone Center Expansion Project)] Sponsor: 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 683 Printed at 4:16 pm on 11/5/14 ### [Page 5](https://sfbos.info/documents/214/2014-09-23-minutes#page-5) Board of Supervisors Meeting Minutes 9/23/2014 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 684 Printed at 4:16 pm on 11/5/14 ### [Page 6](https://sfbos.info/documents/214/2014-09-23-minutes#page-6) Board of Supervisors Meeting Minutes 9/23/2014 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 685 Printed at 4:16 pm on 11/5/14 ### [Page 7](https://sfbos.info/documents/214/2014-09-23-minutes#page-7) Board of Supervisors Meeting Minutes 9/23/2014 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 686 Printed at 4:16 pm on 11/5/14 ### [Page 8](https://sfbos.info/documents/214/2014-09-23-minutes#page-8) Board of Supervisors Meeting Minutes 9/23/2014 Recommendation of the Land Use and Economic Development Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations There were none. SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 140836 [Public Hearing - Establishing the Community Facilities District (CFD) 2014-1 (Transbay Transit Center)] Public hearing of persons interested in or objecting to the proposed Resolution of Formation for Special Tax District No. 2014-1, establishing the Transbay Transit CFD and determining other matters in connection therewith; Resolution determining necessity to incur bonded indebtedness for the CFD; and Resolution calling for a special election in the City and County of San Francisco to submit the issues of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit to the qualified electors of the CFD. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to File Nos. 140814, 140815, and 140816. Ken Rich (Mayor's Office of Economic and Workforce Development) and Nadia Sesay, Director, Office of Public Finance, provided an overview of the proposed Community Facilities District (CFD) and responded to questions raised throughout the discussion. Walter Paulson; Tom Gilberty; expressed various concerns and spoke in support of the CFD. 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. HEARD AND FILED City and County of San Francisco Page 687 Printed at 4:16 pm on 11/5/14 ### [Page 9](https://sfbos.info/documents/214/2014-09-23-minutes#page-9) Board of Supervisors Meeting Minutes 9/23/2014 Committee of the Whole Adjourn and Report 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. 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Resolution No. 350-14 ADOPTED AS AMENDED, after accepting the amendments to the accompanying report, by the following vote: Ayes: 11 - 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. Resolution No. 351-14 ADOPTED by the following vote: Ayes: 11 - 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 Campos, AMENDED on Page 2, Lines 21 and 22, by adding 'December 29, 2014'. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Resolution No. 352-14 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 688 Printed at 4:16 pm on 11/5/14 ### [Page 10](https://sfbos.info/documents/214/2014-09-23-minutes#page-10) Board of Supervisors Meeting Minutes 9/23/2014 COMMITTEE REPORTS Recommendations of the Rules Committee Supervisor Cohen Excused from Voting Supervisor Farrell, seconded by Supervisor Tang, moved that Supervisor Cohen be excused from voting on File No. 140961. The motion carried by the following vote: Ayes: 10 - Avalos, Breed, Campos, Chiu, Farrell, Kim, Mar, Tang, Wiener, Yee Excused: 1 - Cohen 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: 10 - Avalos, Breed, Campos, Chiu, Farrell, Kim, Mar, Tang, Wiener, Yee Excused: 1 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 689 Printed at 4:16 pm on 11/5/14 ### [Page 11](https://sfbos.info/documents/214/2014-09-23-minutes#page-11) Board of Supervisors Meeting Minutes 9/23/2014 Recommendation of the Land Use and Economic Development Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Francisco Da Costa, expressed various concerns relating to traffic congestion and development. Yolanda Lewis; expressed various concerns relating to development and water resources. Jane Morrison; spoke in support of proposed legislation relating to equal pay for women. Walter Paulson; shared in song certain concerns with the Board. Eugene Gordon, Jr.; expressed various concerns relating to donations and corporate fraud. Male Speaker; expressed various concerns relating to domestic violence. Hene Kelly; spoke in support of proposed legislation relating to equal pay for women and, in particular, pay for teachers. Christopher Dahl; expressed various concerns relating to government. Richard McRee; expressed various concerns relating to destruction of Candlestick Park and green jobs. Bradley William-Krauss; expressed various concerns relating to destruction of Candlestick Park. Male Speaker; expressed various religious concerns. Tom Gilberty; expressed various concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Resolution No. 365-14 ADOPTED City and County of San Francisco Page 690 Printed at 4:16 pm on 11/5/14 ### [Page 12](https://sfbos.info/documents/214/2014-09-23-minutes#page-12) Board of Supervisors Meeting Minutes 9/23/2014 140972 [Final Map 7885 - 2401-2405 and 2421-2425 16th Street] Motion approving Final Map 7885, a two lot subdivision: Lot “A” being a 12 residential unit condominium project, located at 2401-2405 and 2421-2425 16th Street, being a subdivision of Assessor’s Block No. 3965, Lot No. 001, 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. M14-159 APPROVED 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee IMPERATIVE AGENDA There were no items. City and County of San Francisco Page 691 Printed at 4:16 pm on 11/5/14 ### [Page 13](https://sfbos.info/documents/214/2014-09-23-minutes#page-13) Board of Supervisors Meeting Minutes 9/23/2014 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 120796 [Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial District and Deleting the Divisadero Street Restricted Use District] Sponsor: Breed Ordinance amending the Planning Code to establish the Divisadero Street Neighborhood Commercial District (NCD) along Divisadero Street between Haight and O'Farrell Streets, deleting the Divisadero Street Alcohol Restricted Use District (RUD), amending various other Code sections to make conforming and other technical changes, amending the Zoning Map to add the Divisadero Street NCD and deleting the Divisadero Street RUD, 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. 07/24/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. 07/27/12; REFERRED TO DEPARTMENT. 07/31/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 08/09/12; REFERRED TO DEPARTMENT. 10/30/12; REMAIN ACTIVE. 11/26/12; RESPONSE RECEIVED. 12/04/12; RESPONSE RECEIVED. 02/26/13; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 03/13/13; REFERRED TO DEPARTMENT. 06/17/13; RESPONSE RECEIVED. 07/26/13; RESPONSE RECEIVED. 06/04/14; REMAIN ACTIVE. 09/23/14; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 692 Printed at 4:16 pm on 11/5/14 ### [Page 14](https://sfbos.info/documents/214/2014-09-23-minutes#page-14) Board of Supervisors Meeting Minutes 9/23/2014 120814 [Planning Code, Zoning Map - Establishing the Fillmore Street Neighborhood Commercial District] Sponsor: Breed Ordinance amending the Planning Code to establish the Fillmore Street Neighborhood Commercial District (NCD) along Fillmore Street between Bush and McAllister Streets; amending various other Code sections to make conforming and other technical changes; amending the Zoning Map to add the Fillmore Street NCD; 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. 07/31/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 8/30/2012. 08/10/12; REFERRED TO DEPARTMENT. 10/23/12; RESPONSE RECEIVED. 10/30/12; REMAIN ACTIVE. 01/15/13; REMAIN ACTIVE. 03/05/13; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 03/19/13; REFERRED TO DEPARTMENT. 06/17/13; RESPONSE RECEIVED. 07/26/13; RESPONSE RECEIVED. 06/04/14; REMAIN ACTIVE. 09/23/14; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development 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 Gleneagles Golf Course in McLaren Park; approving the amendment and extension of a nine year lease with Gleneagles Golf Partners, LP, for operation of the Gleneagles Golf Course commencing on the effective date of this Ordinance and ending November 30, 2022, for 7% of gross revenues, subject to conditions, incentives, participation rent, and rent credits; and affirming the Planning Department’s determination under the California Environmental Quality Act. 09/16/14; ASSIGNED to Budget and Finance Committee. 09/23/14; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 693 Printed at 4:16 pm on 11/5/14 ### [Page 15](https://sfbos.info/documents/214/2014-09-23-minutes#page-15) Board of Supervisors Meeting Minutes 9/23/2014 140999 [Administrative Code - 14B Local Business Enterprise Program] Sponsors: Mayor; Chiu Ordinance amending the Administrative Code to comprehensively revise the Local Business Enterprise (LBE) and Non-Discrimination in Contracting Ordinance (“Chapter 14B”) to: 1) codify the transfer of implementation and enforcement of Chapter 14B from the Human Rights Commission to the City Administrator and Contract Monitoring Division; 2) require the Mayor to annually set an overall City-wide LBE participation goal of not less than 40% of the value of upcoming contracts; 3) increase the LBE certification size thresholds for small and micro LBEs; 4) increase the bid discount allowed to SBA-LBEs on contracts between $10,000 and $10,000,000; 5) require Administrative Code, Chapter 56, development agreements to include a LBE utilization plan and be subject to certain Chapter 14B provisions; 6) authorize preparation of an implementation plan for an LBE contractor advance program to fund loans to subcontractors; 7) increase the Surety Bond Program limit from $750,000 to $1,000,000; 8) require the City to make good faith efforts to obtain at least three bids from LBEs for contracts under the threshold or minimum competitive amounts; 9) establish a Mentor-Protégé Program between established successful contractors and LBEs; 10) require separate LBE participation on design and construction portions of design-build construction contracts; 11) repeal Ordinance No. 97-10 relating to completion of the Bayview Branch Library Construction Project; and 12) make various other changes in Chapter 14B. (Fiscal Impact; No Budget and Legislative Analyst Report) 09/23/14; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 10/23/2014. 141000 [Appropriation - Support for HIV Prevention - Department of Public Health - $301,600 - FY2014-2015] Sponsors: Campos; Mar, Kim and Avalos Ordinance appropriating $801,600 from the General Fund Reserve to the Department of Public Health in FY2014-2015, for HIV prevention support for access to PreExposure Prophylaxis medication to assist in the prevention of HIV infection transmission. (Fiscal Impact) 09/23/14; ASSIGNED to Budget and Finance Committee. 141001 [Administrative Code - Requiring City Contractors to Submit an Equal Pay Report and Establishing an Equal Pay Advisory Board] Sponsors: Campos; Kim, Avalos, Mar and Farrell Ordinance amending the Administrative Code to require certain City contractors and subcontractors with 20 or more employees to submit an Equal Pay Report regarding compensation paid to employees; and establishing the Equal Pay Advisory Board to analyze and recommend the best methods of data collection that will identify wage gaps, and setting forth the membership and duties of the Advisory Board. 09/23/14; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/23/2014. 141002 [Police Code - Access to Reproductive Health Care Facilities] Sponsors: Campos; Wiener, Mar, Yee, Kim and Avalos Ordinance amending the Police Code to repeal the prohibition on entering or remaining within a 25-foot buffer zone of a reproductive health care facility; to prohibit individuals from following or harassing others within 25 feet of the entrance to such a facility; to prohibit impeding access to the door of such a facility; and to prohibit excessive noise through yelling or amplification of sound within 50 feet of such a facility. 09/23/14; ASSIGNED UNDER 30 DAY RULE to Neighborhood Services and Safety Committee, expires on 10/23/2014. City and County of San Francisco Page 694 Printed at 4:16 pm on 11/5/14 ### [Page 16](https://sfbos.info/documents/214/2014-09-23-minutes#page-16) Board of Supervisors Meeting Minutes 9/23/2014 141003 [Campaign and Governmental Conduct Code - Conflict of Interest Code Amendments] Sponsor: Chiu Ordinance amending the Campaign and Governmental Conduct Code to update the City’s Conflict of Interest Code. 09/23/14; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/23/2014. Resolutions 141004 [Accept and Expend Grant - Juvenile Justice Accountability Block Grant - $75,889] Sponsor: Campos Resolution retroactively authorizing the Public Defender’s Office to accept and expend a grant in the amount of $75,889 from the Board of State and Community Corrections for the purposes of implementing local juvenile justice accountability measures through the Juvenile Accountability Block Grant, for the term of July 1, 2014, through June 30, 2015. 09/23/14; RECEIVED AND ASSIGNED to Budget and Finance Committee. 141005 [Street Encroachment - Automated Waste Collection System within Candlestick Point-Hunters Point Shipyard] Sponsor: Cohen Resolution granting revocable permission to Recology, Inc., to occupy a portion of the public right-of-way to construct and maintain various improvements for the below-grade Automated Waste Collection System (AWCS), which will be located within the Candlestick Point-Hunters Point Phase 2 Redevelopment Project Areas, to transport streams of solid waste in the AWCS pipe network from multiple private indoor and public outdoor waste inlets to separate enclosed centralized waste collection facilities for transport to off-site landfill, recycling, or compost facilities; conditioning the permit; making environmental findings 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. 09/23/14; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 141006 [Interim Zoning Controls - New Ground Floor Office Uses Facing 2nd Street, from King and Folsom Streets] Sponsor: Kim Resolution imposing interim zoning controls requiring conditional use authorization for new office uses facing 2nd Street, from King to Folsom Streets, for eighteen months; and making environmental findings, including findings of consistency with the eight priority policies of Planning Code, Section 101.1. 09/23/14; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 695 Printed at 4:16 pm on 11/5/14 ### [Page 17](https://sfbos.info/documents/214/2014-09-23-minutes#page-17) Board of Supervisors Meeting Minutes 9/23/2014 141007 [Multifamily Housing Revenue Bonds - 588 Mission Bay Boulevard North (aka, Mission Bay South Block 7 West) - Not to Exceed $60,000,000] Sponsor: Kim Resolution declaring the intent of the City and County of San Francisco (City) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (Director) to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $60,000,000 for 588 Mission Bay Boulevard North (also known as, Mission Bay South Block 7 West); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $60,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein and the Application, as defined herein. 09/23/14; RECEIVED AND ASSIGNED to Budget and Finance Committee. 141008 [Urging the Successful Resolution of Negotiations between the San Francisco Unified School District and the United Educators of San Francisco] Sponsors: Mar; Campos, Cohen and Avalos Resolution urging the successful resolution of negotiations between the San Francisco Unified School District and the United Educators of San Francisco to avoid a strike and an interruption to the education of San Francisco’s students. 09/23/14; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion 141009 [Concurring in the Second Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area)] Motion concurring in the “Rim Fire” Second Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board) 09/23/14; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing City and County of San Francisco Page 696 Printed at 4:16 pm on 11/5/14 ### [Page 18](https://sfbos.info/documents/214/2014-09-23-minutes#page-18) Board of Supervisors Meeting Minutes 9/23/2014 140792 [Hearing - Civil Grand Jury Report - Rising Sea Levels... At Our Doorstep] Hearing on the recently published 2013-2014 Civil Grand Jury report, entitled "Rising Sea Levels... At Our Doorstep." (Clerk of the Board) 06/25/14; REFERRED TO DEPARTMENT. 07/08/14; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 09/23/14; REACTIVATED PURSUANT TO RULE 3.42 to Government Audit and Oversight Committee. 140793 [Hearing - Civil Grand Jury Report - Ethics in the City: Promise, Practice or Pretense] Hearing on the recently published 2013-2014 Civil Grand Jury report, entitled "Ethics in the City: Promise, Practice or Pretense." (Clerk of the Board) 06/26/14; REFERRED TO DEPARTMENT. 07/08/14; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 09/23/14; REACTIVATED PURSUANT TO RULE 3.42 to Government Audit and Oversight Committee. 141010 [Hearing - Night Noise Permits in Residential Areas] Sponsor: Kim Hearing on noticing requirements and issuance of night noise permits in residential areas; and request for presentations from the Department of Building Inspection, the Municipal Transportation Agency, the Department of Public Health, and the Department of Public Works on their consideration of neighborhood concerns in issuing night noise permits and road closures. 09/23/14; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 141011 [Hearing - State of Existing Light Rail Vehicle Fleet] Sponsor: Wiener Hearing directed to the Municipal Transportation Agency to report on the state of Muni's light rail vehicles, including the existing vehicle shortage and lack of reliability, as well as Muni's plans to keep the light rail fleet viable and improve reliability over the next number of years through the arrival of the new Siemens light rail vehicles. 09/23/14; 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 ORDINANCE City and County of San Francisco Page 697 Printed at 4:16 pm on 11/5/14 ### [Page 19](https://sfbos.info/documents/214/2014-09-23-minutes#page-19) Board of Supervisors Meeting Minutes 9/23/2014 140970 [Administrative Code - Calculating Interest on Residential Rental Security Deposits] Ordinance amending the Administrative Code to provide a new method for calculating the interest on residential rental security deposits beginning March 1, 2015. (Rent Stabilization and Arbitration Board) 09/09/14; RECEIVED FROM DEPARTMENT. 09/23/14; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/23/2014. In Memoriams Pui Fong Yim Lee - Supervisor Chiu Robert Joyce Williams - Supervisor Kim Former State Senator John Francis Foran - Supervisor Yee Rosetta Sangiacomo - Supervisor Yee 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 28, 2014. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 698 Printed at 4:16 pm on 11/5/14