Board of Supervisors Minutes: January 13, 2015

141037 [Administrative Code - Financial Policy Regarding General Reserve Fund] Sponsors: Mayor; Farrell, Cohen, Avalos and Breed Ordinance amending the Administrative Code to revise the binding financial policy under Charter, Section 9.120, regarding a general reserve and required funding levels, and to update provisions regarding the Rainy Day Reserve Fund. (Fiscal Impact) Ordinance No. 003-15 FINALLY PASSED by the following vote:

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

141146 [Business and Tax Regulations Code - Hotel Tax Exemption Increase] Sponsor: Mayor Ordinance amending the Business and Tax Regulations Code, Article 7 (Tax on Transient Occupancy of Hotel Rooms), to increase the exemption rate from less than $30 a day to less than $40 a day; and to require future review by the Controller of the daily and weekly exemption amounts. Ordinance No. 004-15 FINALLY PASSED by the following vote:

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

141181 [Public Employment - Amendment to the Annual Salary Ordinance for the Office of the Assessor-Recorder - FYs 2014-2015 and 2015-2016] Sponsor: Farrell Ordinance amending Ordinance No. 147-14 (Annual Salary Ordinance, FYs 2014-2015 and 2015-2016) to reflect the addition of five (5) grant-funded positions including two (2) Class 4214 Assessor-Recorder Office Specialist positions (1.16 FTE), one (1) Class 4215 Assessor-Recorder Senior Office Specialist position (0.65 FTE), and two (2) Class 4261 Real Property Appraiser positions (1.16 FTE) in the Office of Assessor-Recorder for the implementation of the State-County Assessors’ Partnership Agreement grant. (Fiscal Impact) Ordinance No. 005-15 FINALLY PASSED by the following vote:

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

141211 [De-Appropriation and Re-Appropriation - $1,400,000 of Water System Improvement Program for Public Utilities Commission - FY2014-2015] Sponsor: Mayor Ordinance de-appropriating $1,400,000 in existing Water System Improvement Program (WSIP) Regional Groundwater & Recovery Project budgets approved by Ordinance No. 311-08 and re-appropriating the funds to Water System Improvement Program (WSIP) Bond/Commercial Paper expense. (Fiscal Impact) Ordinance No. 006-15 FINALLY PASSED by the following vote:

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

141214 [Appropriation - General Obligation Refunding Bonds of $430,000,000 - FY2014-2015] Sponsors: Mayor; Breed Ordinance appropriating $430,000,000 of one or more series of General Obligation Refunding Bond proceeds and placing all of these funds on Controller’s Reserve pending the sale of the General Obligation Refunding Bond Proceeds in one or more series. Ordinance No. 007-15 FINALLY PASSED by the following vote:

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

140919 [Health Code - Gas Station Bathrooms] Sponsors: Farrell; Kim and Campos Ordinance amending the Health Code to eliminate the requirement that gasoline stations provide separate toilet facilities for men and women. Ordinance No. 002-15 FINALLY PASSED by the following vote:

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

141147 [Appropriation and De-Appropriation - Hosting the PGA World Golf Championship Tournament - Recreation and Park - $1,300,000 - FY2014-2015] Sponsors: Mayor; Mar Ordinance appropriating $1,300,000 to the Recreation and Park Department for the costs associated with hosting the PGA World Golf Championship Tournament at TPC Harding Park Golf Course; and appropriating and de-appropriating $500,000 to reimburse the Recreation and Park Department for revenue lost during the closure of the golf course. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

141217 [Accept and Expend Grant - Alcohol and Drug Impaired Driver Vertical Prosecution Program - Amendment to the Annual Salary Ordinance - $287,624] Sponsor: Cohen Ordinance retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $287,624 from the California Office of Traffic Safety for the Alcohol and Drug Impaired Driver Vertical Prosecution Program, and amending Ordinance No. 147-14 (Annual Salary Ordinance, FYs 2014-2015 and 2015-2016) to reflect the addition of one grant-funded Class 8177 Attorney position (FTE 0.75) for the period of October 1, 2014, through September 30, 2015. PASSED, ON FIRST READING by the following vote:

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

141267 [Accept and Expend Grant - Bureau of Justice Assistance, Smart Prosecution Initiative: Predictive Analytics for Strategic Prosecution - Amendment to the Annual Salary Ordinance - $435,253] Sponsor: Wiener Ordinance retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $435,253 from the U.S. Department of Justice, Bureau of Justice Assistance for the Smart Prosecution Initiative, in support of Predictive Analytics for Strategic Prosecution, to enhance data driven prosecution and strategies that effectively address and prevent crime and victimization in San Francisco, and amending Ordinance No. 147-14 (Annual Salary Ordinance, FYs 2014-2015 and 2015-2016) to reflect the addition of one grant-funded Class 1822 Administrative Analyst position (0.5 FTE) for the period of October 1, 2014, through September 30, 2016. PASSED, ON FIRST READING by the following vote:

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

140946 [Lease Amendments - Bay Area Restaurant Group, JV - Bayport Concessions, LLC - SSP America, Inc. - Gotham Enterprises, LLC - Sankaku, Inc. - Airport Concessions] Resolution approving Amendment No. 1 to Domestic Terminal Food and Beverage Lease No. 03-0184 with Bay Area Restaurant Group, JV (Max’s Eatz and Max’s the Greek) for a term of ten years and a Minimum Annual Guarantee of $36,103; No. 03-0183 with Bayport Concessions, LLC (Willow Creek Grill) for a term of ten years and a Minimum Annual Guarantee of $34,237; No. 03-0200 with SSP America, Inc. (Anchor Steam) for a term of ten years and a Minimum Annual Guarantee of $150,329; Amendment No. 2 to No. 03-0193 with Gotham Enterprises, LLC (Peet’s Coffee & Tea) for a term of ten years and a Minimum Annual Guarantee of $36,487; No. 03-0180 with Sankaku, Inc. (Sankaku) for a term of ten years and a Minimum Annual Guarantee of $37,125; and the City and County of San Francisco, acting by and through its Airport Commission, retroactive to February 2014. (Airport Commission) Resolution No. 003-15 ADOPTED by the following vote:

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

141150 [Master Tournament Agreement Amendment - PGA TOUR, Inc. - Not to Exceed $6,875,000] Sponsors: Mayor; Mar Resolution approving and authorizing the execution of a Fourth Amendment to the Master Tournament Agreement with PGA TOUR, Inc., for the use of Harding Park Golf Course for certain professional golf tournaments for a period beginning in 2015 and ending in 2025, which will result in a value not to exceed $6,875,000. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 004-15 ADOPTED by the following vote:

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

141221 [Accept and Expend Grant - Large Landscape Water Conservation Program - $234,300] Sponsors: Mayor; Breed and Mar Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $234,300 from State grant funds for its Large Landscape Water Conservation Program. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 006-15 ADOPTED by the following vote:

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

141239 [Lease of Real Property - C and E Haas Development Company, LLC - 1 Bayview Park Road - Initial Annual Lease Rate of $78,000] Resolution approving a lease between C and E Haas Development Company, LLC, as landlord, and the City and County of San Francisco, acting by and through the Municipal Transportation Agency (MTA), as tenant, for certain premises at 1 Bayview Park Road (Assessor Block No. 4991, Lot No. 1C), for an approximate ten-year term to commence upon lease execution (expected to be about January 1, 2015) through December 31, 2024, with three five-year options at an initial annual lease rate of $78,000 with annual increases, for use as an MTA radio transmission site; adopting environmental findings; and authorizing other actions in furtherance of this Resolution as defined. (Municipal Transportation Agency) Resolution No. 008-15 ADOPTED by the following vote:

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

141270 [Accept and Expend Grant - 900 Innes Park Planning Grant - $500,000] Sponsor: Cohen Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of $500,000 from the California Coastal Conservancy Priority Conservation Area Grant Fund to support the 900 Innes Park Planning Project for the period of October 1, 2014, through August 1, 2016. Resolution No. 009-15 ADOPTED by the following vote:

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

141122 [Administrative Code - Annual Reports on Evictions from Subsidized Housing] Sponsors: Farrell; Breed and Mar Ordinance amending the Administrative Code to require recipients of City-funded contracts for the administration or development of housing to submit annual reports to departments awarding the contracts on the number of tenants who receive notices of eviction or are evicted; and to require the awarding departments to submit annual reports on the same to the Mayor and Board of Supervisors. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

140792 [Follow-Up Board Response - Civil Grand Jury Report - Rising Sea Levels... At Our Doorstep] Motion responding to the Civil Grand Jury request to provide a status update on the Board of Supervisors’ responses to Recommendation Nos. 1a, 1b, 2a, 3, 11d, and 12b contained in the 2013-2014 Civil Grand Jury Report, entitled “Rising Sea Levels..At Our Doorstep;” and urging the Mayor to cause implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Motion No. M15-002 APPROVED by the following vote:

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

140793 [Follow-Up Board Response - Civil Grand Jury Report - Ethics in the City: Promise, Practice or Pretense] Motion responding to the Civil Grand Jury request to provide a status update on the Board of Supervisors’ responses to Recommendation Nos. 2, 11, 16, 18, and 21 contained in the 2013-2014 Civil Grand Jury Report, entitled “Ethics in the City: Promise, Practice or Pretense;” and urging the Mayor to cause implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Supervisor Avalos, seconded by Supervisor Yee, moved that this Motion be CONTINUED to January 27, 2015. The motion carried by the following vote:

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

141245 [Affirming the Exemption Determination - 312 Green Street] Motion affirming the determination by the Planning Department that a proposed project at 312 Green Street is exempt from environmental review. (Clerk of the Board) Motion No. M15-003 Supervisor Christensen, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:

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

141246 [Reversing the Exemption Determination - 312 Green Street] Motion reversing the determination by the Planning Department that a proposed project at 312 Green Street is exempt from environmental review. (Clerk of the Board) Supervisor Christensen, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

141247 [Preparation of Findings to Reverse the Exemption Determination - 312 Green Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 312 Green Street is exempt from environmental review. (Clerk of the Board) Supervisor Christensen, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

141292 [Approving Conditional Use Authorization - 1963 Ocean Avenue] Motion approving the decision of the Planning Commission by its Motion No. 19271, approving a Conditional Use Authorization identified as Planning Case No. 2014.0206C on property located at 1963 Ocean Avenue, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Farrell, Kim, Tang, Wiener, Yee

Noes: Cohen, Mar

141293 [Disapproving the Conditional Use Authorization Decision and Approving with Additional Conditions - 1963 Ocean Avenue] Motion disapproving the decision of the Planning Commission by its Motion No. 19271, approving a Conditional Use Authorization identified as Planning Case No. 2014.0206C on property located at 1963 Ocean Avenue. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

City and County of San Francisco Page 21 Printed at 11:17 am on 2/25/15 Board of Supervisors Meeting Minutes 1/13/2015 Motion disapproving the decision of the Planning Commission by its Motion No. 19271, approving a Conditional Use Authorization identified as Planning Case No. 2014.0206C on property located at 1963 Ocean Avenue; approving a Conditional Use Authorization for the same Planning Case and property with additional conditions; and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M15-004 Supervisor Yee, seconded by Supervisor Kim, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Farrell, Kim, Tang, Wiener, Yee

Noes: Cohen, Mar

141294 [Preparation of Findings Related to Conditional Use Authorization Appeal - 1963 Ocean Avenue] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2014.0206C on property located at 1963 Ocean Avenue. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Farrell, Kim, Tang, Wiener, Yee

Noes: Cohen, Mar

141306 [Declaring Election Results - Approved by Electors of City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center)] Sponsor: Kim Resolution declaring results of Special Election that was approved by the qualified electors, and directing recording of notice of special tax lien for the City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) and determining other matters in connection therewith. Resolution No. 001-15 ADOPTED by the following vote:

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

141145 [Levy and Collection of Special Taxes - Community Facilities District No. 2014-1 (Transbay Transit Center)] Sponsors: Mayor; Kim Ordinance authorizing the levy and collection of special taxes within City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center). Ordinance No. 001-15 FINALLY PASSED by the following vote:

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

150018 [Repealing Resolution No. 468-14 - Authorizing Issuance of Special Tax Bonds - Community Facilities District No. 2014-1 (Transbay Transit Center) - Not to Exceed $1,400,000,000] Sponsors: Mayor; Kim Resolution repealing Resolution No. 468-14, and authorizing the issuance and sale of not to exceed $1,400,000,000 Special Tax Bonds for City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) and determining other matters in connection therewith. Resolution No. 002-15 ADOPTED by the following vote:

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

141192 [Interim Zoning Controls Six-Month Extension - Upper Market Street Neighborhood Commercial Transit District] Sponsor: Wiener Resolution extending, for an additional six-month period, interim zoning controls requiring conditional use authorization for limited financial service and business or professional service uses in the Upper Market Neighborhood Commercial Transit District; and affirming the Planning Department’s California Environmental Quality Act determination. Resolution No. 005-15 ADOPTED by the following vote:

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

141231 [Interim Zoning Controls - New Massage Establishments] Sponsors: Tang; Yee Resolution imposing interim zoning controls requiring conditional use authorization for any new massage establishments, for eighteen months; and making findings, including environmental findings, and findings of consistency with the eight priority policies of Planning Code, Section 101.1. Supervisor Yee requested to be added as a co-sponsor. Resolution No. 007-15 ADOPTED by the following vote:

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

141271 [Real Property Acquisition - 66 Raymond Avenue - Bridgeway Vista II, LP - $1] Sponsor: Cohen Resolution authorizing the acquisition of real property at 66 Raymond Avenue (Assessor’s Block No. 6237, Lot Nos. 014, 015, 016, and 017) from Bridgeway Vista II, LP, for the nominal cost of $1. Resolution No. 010-15 ADOPTED by the following vote:

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

150022 [Concurring in the Continuation of the Second Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area)] Motion concurring in the continuation of the “Rim Fire” Second Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board) Motion No. M15-011 APPROVED The foregoing items were acted upon by the following vote:

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

8-14-Issuance of Special Tax Bonds - Community Facilities District No. 2014-1 (Transbay Transit Center) - Not to Exceed $1,400,000,000] Sponsor: Kim Motion scheduling the Board of Supervisors to sit as a Committee of the Whole, on January 13, 2015, at 3:00 p.m., to hold a public hearing to consider a Resolution declaring results of a Special Election that was approved by the qualified electors, and directing recording of notice of special tax lien (File No. 141306); an Ordinance authorizing the levy and collection of special taxes within City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) (File No. 141145); and a Resolution repealing Resolution No. 468-14, and authorizing the issuance and sale of not to exceed $1,400,000,000 Special Tax Bonds (File No. 150018). The President inquired as to whether any member of the public wished to address the Board relating to File No. 150020. Female Speaker; Edmond Larry Juizye; expressed various concerns and spoke in support of the Board sitting as a Committee of the Whole. There were no other speakers. The President declared public comment closed. Motion No. M15-005 APPROVED by the following vote:

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

150019 [Follow-Up Board Response - 2013-2014 Civil Grand Jury Report - “Ethics in the City: Promise, Practice or Pretense”] Sponsor: Breed Motion responding to the Civil Grand Jury request to provide a status update on the Board of Supervisors’ response to Recommendation No. 24 contained in the 2013-2014 Civil Grand Jury Report, entitled “Ethics in the City: Promise, Practice or Pretense;” and urging the Mayor to cause implementation of accepted recommendation through his/her department heads and through the development of the annual budget. Supervisor Avalos, seconded by Supervisor Campos, moved that this Motion be CONTINUED to January 27, 2015. The motion carried by the following vote:

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