Board of Supervisors Minutes: January 27, 2015

141319 [Appointments, Balboa Park Station Community Advisory Committee - Mark Kress, Rita Evans, Alexander Mullaney, Gwynn Kaliher-Mackellen, Daniel Weaver, Chuck Burwell, Aaron Goodman, and Robert Muehlbauer] Motion appointing Mark Kress, Rita Evans, Alexander Mullaney, Gwynn Kaliher-Mackellen, Daniel Weaver, Chuck Burwell, Aaron Goodman, and Robert Muehlbauer, for two-year terms yet to be determined, to the Balboa Park Station Community Advisory Committee. (Rules Committee) Motion No. M15-012 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Kim

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 Campos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Mar, Yee

Noes: Breed, Christensen, Cohen, Farrell, Tang, Wiener

Excused: Kim

City and County of San Francisco Page 38 Printed at 1:43 pm on 3/13/15 Board of Supervisors Meeting Minutes 1/27/2015 Motion No. M15-013 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Christensen, Mar

Excused: Kim

141297 [Public Works Code - Personal Wireless Service Facility Site Permits, and Amending Fees] Sponsor: Avalos Ordinance amending the Public Works Code to modify certain requirements for Personal Wireless Service Facility Site Permits, amending the fees for obtaining such permits; and making environmental findings. Privilege of the floor was granted unanimously to Omar Masry (Planning Department) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Excused: Kim

141299 [Appropriation - Revenue and Expenditure Supporting Portable Restroom Facilities - $203,200 - FY2014-2015] Sponsor: Kim Ordinance appropriating $203,200 to the Public Works Operating Budget in order to support and maintain portable restroom facilities and waste stations in FY2014-2015. (Fiscal Impact; No Budget and Legislative Analyst Report.) Supervisor Avalos, seconded by Supervisor Farrell, moved to continue consideration of this matter to later in the meeting. The motion carried without objection. PASSED, ON FIRST READING by the following vote:

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

141078 [Lease Amendment - Early Termination and Buyout - Baysubway Airport (Subway) - Not to Exceed $1,200,000] Resolution approving an early termination and buyout of Baysubway Airport’s (Subway) Domestic Terminal Food and Beverage Program Lease No. 03-0185 in an amount not-to-exceed $1,200,000 between Subway and the City and County of San Francisco, acting by and through its Airport Commission, to commence following Board approval. (Airport Commission) (Fiscal Impact) Resolution No. 015-15 ADOPTED by the following vote:

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

Excused: Kim

141257 [California Constitution Appropriations Limit - FY2014-2015] Resolution establishing the appropriations limit for FY2014-2015 pursuant to California Constitution, Article XIII B. (Controller) (Fiscal Impact) Resolution No. 018-15 ADOPTED by the following vote:

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

Excused: Kim

141311 [Real Property Lease - Third and Mission Associates, LLC - 167 Jessie Street - $1 Per Year Base Rent] Sponsor: Kim Resolution authorizing the Lease between the City and County of San Francisco, as Tenant, and Third and Mission Associates, LLC, as Landlord, of approximately 4,124 square feet in the building located at 167 Jessie Street for a term of 87 years at a base rent of $1 per year, to commence upon approval by the Board of Supervisors and Mayor, in their respective sole and absolute discretion. Resolution No. 020-15 ADOPTED by the following vote:

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

Excused: Kim

141305 [Accept and Expend Grant - Housing Related Parks Program - $6,352,275] Sponsor: Mayor Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant in the amount of $6,352,275 from the State of California Department of Housing and Community Development to fund Housing Related Parks Projects identified in Exhibit A of the Grant Standard Agreement for the period of November 17, 2014, through June 30, 2016, and delegating authority to the General Manager of the Recreation and Park Department to reallocate funds among approved projects where necessary to maximize City recovery from the Grant during the eligible expenditure period. Resolution No. 019-15 ADOPTED by the following vote:

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

Excused: Kim

141269 [Real Property Acquisition - 1995 Evans Street - Claire A. Spencer, Trustee of the William D. Spencer and Claire A. Spencer 1995 Living Trust - $15,475,000] Sponsor: Mayor Resolution authorizing the acquisition of real property at 1995 Evans Street (Assessor’s Block No. 5231, Lot Nos. 004, 005, and 006) from Claire A. Spencer, Surviving Trustee of the William D. Spencer and Claire A. Spencer 1995 Living Trust, dated February 9, 1995 (Spencer Trust) for the purchase price of $15,475,000; and adopting findings, including environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted unanimously to Harvey Rose, Budget and Legislative Analyst, and John Updike, Director of Real Estate Division, who responded to questions raised throughout the discussion. Resolution No. 013-15 ADOPTED by the following vote:

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

Noes: Campos, Kim

140982 [Planning Code - Arcades in the Upper Market Street Neighborhood Commercial Transit District] Sponsor: Wiener Ordinance amending the Planning Code to permit arcades in the Upper Market Street Neighborhood Commercial Transit District; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

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

141265 [Police Code - Property Services Contractors at Formula Retail Establishments] Sponsor: Breed Ordinance amending the Police Code to require Formula Retail Establishments that have entered into contracts with Property Services Contractors that are in effect between January 4, 2015, and July 3, 2015, to provide such contractors with copies of Police Code, Articles 33F and 33G, which establish certain rights of employees of such contractors. PASSED, ON FIRST READING by the following vote:

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

140275 [Liquor License Transfer - 101-6th Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license for the expansion of premises located at 101-6th Street (District 6) to Tadd Cortell for Electric Resistance Society, LLC, dba Monarch, will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4. (Neighborhood Services and Safety Committee) Resolution No. 014-15 ADOPTED by the following vote:

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

140884 [Administrative Code - Establishing the Gun Violence Prevention Task Force] Sponsors: Cohen; Avalos, Breed, Mar, Farrell, Kim, Yee, Campos and Christensen Ordinance amending the Administrative Code to establish the Gun Violence Prevention Task Force to advise City departments and policymakers on methods to reduce gun violence in the City; and setting forth the membership and duties of the Task Force. Supervisors Mar, Farrell, Kim, Yee, Campos, and Christensen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

141215 [Administrative Code - Establishing the Children, Youth and Their Families Oversight and Advisory Committee and a Service Provider Working Group] Sponsors: Avalos; Mar Ordinance amending the Administrative Code to establish a Children, Youth and Their Families Oversight and Advisory Committee, and a Service Provider Working Group, as provided in Charter, Section 16.108-1. Supervisor Mar requested to be added as a co-sponsor. Supervisor Avalos, seconded by Supervisor Cohen, moved to continue consideration of this matter to later in the meeting. The motion carried without objection. Supervisor Avalos, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be PASSED ON FIRST READING AS AMENDED. The motion carried by the following vote:

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

141018 [Public Hearing - Appeal of Tentative Map - 639 Peralta Avenue] Hearing of persons interested in or objecting to the decision of the Department of Public Works, dated September 18, 2014, approving a Tentative Map for a 2-Unit New Construction Condominium Project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014. (District 9) (Appellant: Alexander M. Weyand, on behalf of William H. Bradley) (Filed September 29, 2014). (Clerk of the Board) Privilege of the floor was granted unanimously to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance. Alexander Weyand; Dave Myers; spoke in favor of the continuance. There were no other speakers. The President declared public comment closed. Supervisor Campos, seconded by Supervisor Yee, moved that this Hearing be CONTINUED OPEN to April 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

141019 [Approving Decision of Public Works and Approving the Tentative Parcel Map - 639 Peralta Avenue] Motion approving decision of Public Works and approving the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Yee, moved that this Motion be CONTINUED to April 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

141020 [Disapproving Decision of Public Works and Disapproving the Tentative Parcel Map - 639 Peralta Avenue] Motion disapproving decision of Public Works and disapproving the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Yee, moved that this Motion be CONTINUED to April 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

141021 [Preparation of Findings Related to the Tentative Parcel Map - 639 Peralta Avenue] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Yee, moved that this Motion be CONTINUED to April 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

141321 [Affirming the Approval of a Final Mitigated Negative Declaration - 110 The Embarcadero/115 Steuart Street] Motion affirming the approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act by the Planning Commission for a project located at 110 The Embarcadero/115 Steuart Street. (Clerk of the Board) Motion No. M15-014 Supervisor Kim, seconded by Supervisor Avalos, 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

141322 [Reversing the Approval of a Final Mitigated Negative Declaration - 110 The Embarcadero/115 Steuart Street] Motion reversing the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a project located at 110 The Embarcadero/115 Steuart Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Avalos, 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

141323 [Preparation of Findings to Reverse the Approval of a Final Mitigated Negative Declaration - 110 The Embarcadero/115 Steuart Street] Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission’s approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a project located at 110 The Embarcadero/115 Steuart Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Avalos, 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

141210 [Planning and Administrative Codes - Definition and Controls for Homeless Shelters to Comply with State Law] Sponsor: Mayor Ordinance amending the Planning Code to define Homeless Shelter and to establish zoning, open space, and parking policies for this use in compliance with California Government Code requirements; amending the Administrative Code to require contracts between the City and shelter operators to contain operational standards; 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. Privilege of the floor was granted unanimously to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

150025 [Final Map 7865 - 1607-1617 Noe Street] Motion approving Final Map 7865, a six residential unit Condominium Project, located at 1607-1617 Noe Street, being a subdivision of Assessor’s Block No. 6631, Lot No. 048; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M15-016 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Mar

150038 [Urging the California State Legislature to Amend State Law for Youth Fare Evasion] Sponsors: Mar; Campos Resolution urging the California State Legislature to amend State law to remove the exclusion of minors from the authority of local jurisdictions; to create an administrative penalty for fare evasion and other minor transit violations; and remove the processing of these violations from the Court system. Supervisor Wiener, seconded by Supervisor Tang, moved that this Resolution be CONTINUED to February 3, 2015. The motion carried by the following vote:

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

Excused: Mar

150076 [San Francisco Restaurant Week - January 21-30, 2015] Resolution declaring January 21-30, 2015, San Francisco Restaurant Week and commending the Golden Gate Restaurant Association for creating San Francisco Restaurant Week to celebrate San Francisco restaurants and encouraging all San Franciscans to support their local restaurants. The President inquired as to whether any member of the public wished to address the Board relating to San Francisco Restaurant Week as referenced in File No. 150076. There were no speakers. The President declared public comment closed. Resolution No. 022-15 ADOPTED by the following vote:

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

Excused: Mar