Board of Supervisors Minutes: April 21, 2015

150339 [Appointment, Bicycle Advisory Committee - Ilyse Magy] Motion appointing Ilyse Magy to the Bicycle Advisory Committee, term ending November 19, 2016, or for the tenure of the nominating Supervisor, whichever is shorter in duration. (Rules Committee) Motion No. M15-072 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

150186 [Settlement of Unlitigated Claims - ASI Fox Plaza LLC, and ASN Fox Plaza LLC - $3,375,000] Resolution approving the settlement of two unlitigated claims filed by ASI Fox Plaza LLC, and APN Fox Plaza LLC, against the City and County of San Francisco for $3,375,000; claims were filed on May 13, 2013. (City Attorney) Privilege of the floor was granted to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Campos, moved that this Resolution 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

Noes: None

Resolution approving the settlement of two unlitigated claims filed by ASI Fox Plaza LLC, and ASN Fox Plaza LLC, against the City and County of San Francisco for $3,375,000; claims were filed on May 13, 2013. (City Attorney) Resolution No. 140-15 ADOPTED AS AMENDED by the following vote:

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

Noes: None

150248 [Contract - Cypress Security - Armed and Unarmed Security Services - $38,314,208.17] Resolution approving the contract with Cypress Security to provide Armed and Unarmed Security Services in the amount of $38,314,208.17 for an initial term of three years to commence following Board approval, with an additional three-year option to extend. (Municipal Transportation Agency) (Fiscal Impact) Privilege of the floor was granted to Ed Reiskin, General Manager, Municipal Transportation Agency (MTA), and Chris Grabarkiewctz (MTA), responded to questions raised throughout the discussion. Resolution No. 141-15 ADOPTED by the following vote:

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

Noes: Avalos, Campos, Cohen, Kim

141268 [Five-Year Financial Plan - FYs 2015-2016 through 2019-2020] Sponsors: Mayor; Farrell Resolution adopting the City’s Five-Year Financial Plan for FYs 2015-2016 through 2019-2020, pursuant to Charter, Section 9.119. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 142-15 ADOPTED by the following vote:

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

Noes: None

150223 [Five-Year Information and Communication Technology Plan - FYs 2016-2020] Sponsors: Mayor; Breed and Farrell Resolution adopting the City’s Five-Year Information and Communication Technology Plan for FYs 2016-2020, pursuant to Administrative Code, Section 22A.6. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 143-15 ADOPTED by the following vote:

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

Noes: None

150224 [Ten-Year Capital Expenditure Plan - FYs 2016-2025] Sponsors: Mayor; Breed and Farrell Resolution adopting the City's Ten-Year Capital Expenditure Plan for FYs 2016-2025, pursuant to Administrative Code, Section 3.20. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 144-15 ADOPTED by the following vote:

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

Noes: None

150244 [Appropriation - Developer Contributions and Reimbursement - Public Works - $6,354,478 - FY2014-2015] Sponsor: Tang Ordinance appropriating $6,354,478 of Developer Contributions and Reimbursements to Public Works in FY2014-2015 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster, and placing $2,338,024 of Series Earthquake Safety and Emergency Response (ESER 2010) General Obligation Bond Proceeds on Budget and Finance Committee Reserve pending future re-appropriation. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

150189 [Agreement Amendment - Motorola, Inc. - 800 MHz Radio System Project - $30,378,734] Resolution authorizing the Department of Technology to enter into the Eighth Amendment of the Citywide 800 MHz Radio System Project Agreement between the City and County of San Francisco and Motorola, Inc., to increase the contract amount to $30,378,734 for the remaining term through September 21, 2017. (Department of Technology) (Fiscal Impact) Resolution No. 145-15 ADOPTED by the following vote:

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

Noes: None

150211 [Lease and Use Agreement Modifications - Air France, and Cathay Pacific Airways, Limited - Estimated Minimum Combined Rent of $29,666,807.61] Resolution approving Modification No. 1 to 2011 Lease and Use Agreement No. L10-0076 with Air France, and Modification No. 2 to L10-0081 with Cathay Pacific Airways Limited, and the City and County of San Francisco, acting by and through its Airport Commission, for changes in demised premises, with an estimated minimum combined rent of $29,666,807.61 for the remainder of the lease terms, expiring on June 30, 2021. (Airport Commission) Resolution No. 136-15 ADOPTED by the following vote:

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

Noes: None

150237 [Lease and Use Agreement Modification - Delta Air Lines, Inc. - Estimated Rent of $74,192,941.78] Resolution approving Modification No. 1 to 2011 Lease and Use Agreement No. L10-0083 between Delta Air Lines, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for changes in the demised premises, with an estimated minimum rent of $74,192,941.78 for the remainder of the lease term expiring on June 30, 2021. (Airport Commission) Resolution No. 146-15 ADOPTED by the following vote:

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

Noes: None

150292 [Agreement Amendment - URS Corporation - Engineering Services - New Irvington Tunnel Project - Not to Exceed $15,873,561] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 5 to Agreement No. CS-820, New Irvington Tunnel Project, Engineering Services, with URS Corporation, in order to allow URS Corporation to continue as design engineer of record for the construction of the tunnel, increasing the agreement amount by $1,000,000 for a total amount not to exceed $15,873,561 with no change to the contract duration, pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 147-15 ADOPTED by the following vote:

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

Noes: None

150311 [Accept and Expend Grant - Mansell Corridor Project - $848,059] Sponsors: Avalos; Campos Resolution retroactively authorizing the Recreation and Park Department to accept and expend an Urban Greening for Sustainable Communities Grant in the amount of $848,059 from the California Natural Resources Agency for the Mansell Corridor Project in McLaren Park for the period of February 1, 2015, through May 1, 2017. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 148-15 ADOPTED by the following vote:

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

Noes: None

150334 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance Grant Program - $1,045,625] Sponsor: Breed Resolution retroactively authorizing the Department of Children, Youth, and Their Families to accept and expend a grant from the U.S. Department of Justice, Bureau of Justice Assistance, passed through the State of California, Board of State and Community Corrections, through the Edward Byrne Memorial Justice Assistance Grant Program, for a multidisciplinary partnership to reduce recidivism for disconnected transitional-age youth and providing a framework for preventing the school-to-prison pipeline in the amount of $1,045,625 for the period of March 1, 2015, through December 31, 2015. Resolution No. 115-15 ADOPTED by the following vote:

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

Noes: None

120967 [Transportation, Police, Administrative, and Business and Tax Regulations Codes - Motor Vehicles for Hire] Sponsor: Wiener Ordinance amending the Transportation Code to clarify the Director of Transportation’s authority to designate staff to enforce parking laws; grant the Municipal Transportation Agency authority to subpoena evidence and testimony relevant to enforcement of motor vehicle for hire regulations; increase the penalty for driving or operating a taxi without a permit; making it a misdemeanor to operate a taxi without a functioning taximeter; and making it a misdemeanor for an operator of a charter party carrier to refuse to produce a waybill; amending the Police Code to repeal all sections governing motor vehicles for hire; and amending the Business and Tax Regulations and Administrative Codes to repeal sections governing fees related to motor vehicle for hire permits. PASSED, ON FIRST READING by the following vote:

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

Noes: None

150117 [Administrative Code - Relocation Payments to Evicted Tenants] Sponsors: Campos; Kim, Avalos and Mar Ordinance amending the Administrative Code to modify the calculation of the difference between the rent paid by an evicted tenant and market rent (rental payment differential) by having the Controller use data from RealFacts based on number of bedrooms, or another data source providing reliable market data; to cap relocation payments based on the rental payment differential at $50,000; to require the tenant to submit to the landlord a sworn statement of intent to use the relocation payment solely for housing or other relocation costs; to require the tenant to keep proof of expenditures on relocation costs for at least three years after vacating the unit, and to make copies available to the landlord within ten business days of a request; and to require the tenant to reimburse the landlord any portion of the relocation payment not expended on relocation costs within three years after vacating the unit. PASSED, ON FIRST READING by the following vote:

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

Noes: None

150316 [Approving the Nominations of Five Priority Conservation Areas] Sponsors: Mar; Cohen Resolution authorizing the nomination of five new Priority Conservation Areas: Palou Phelps Natural Area, Bayview Hill Natural Area, Green Connections-McLaren Park Pivot, Crosstown Trail-Connecting Twin Peaks Bio-Region/Glen Canyon, and the San Francisco Bay Area Water Trail. Resolution No. 149-15 ADOPTED by the following vote:

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

Noes: None

150222 [Administrative Code - Membership and Functions of the Our Children, Our Families Council] Sponsors: Yee; Christensen, Tang, Kim and Campos Ordinance amending the Administrative Code to establish the membership of the Our Children, Our Families Council; and to address its structure and functions as provided in Charter, Section 16.127-7. Supervisors Christensen, Tang, Kim, and Campos requested to be added as co-sponsors. Supervisor Yee, seconded by Supervisor Campos, 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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

150242 [Health Code - Ban on Smokeless Tobacco Use - Defining Tobacco Product to Include Devices for Using Tobacco] Sponsors: Farrell; Mar, Avalos, Tang, Christensen, Wiener, Cohen, Yee and Campos Ordinance amending the Health Code to ban the use of smokeless tobacco products in stadiums, sports arenas, and playing fields; amending the definition of tobacco product to include a device or any portion of a device used to consume tobacco products; and making environmental findings. Supervisors Yee and Campos 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

Noes: None

141173 [Liquor License Transfer - 201 Folsom Street] Resolution determining that the transfer of a Type 21 off-sale general license from 225-11th Street to 201 Folsom Street, Suite 101 (District 6), to Christopher Foley for SMARKET LLC, dba Market on Main, 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, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 150-15 ADOPTED by the following vote:

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

Noes: None

150112 [Liquor License Transfer - 4448 Mission Street] Resolution determining that the transfer of a Type 21 off-sale general license from 298 Munich Street to 4448 Mission Street (District 11), to Esperanza Gudino for the Golden State Market and Deli, 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, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 151-15 ADOPTED by the following vote:

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

Noes: None

150246 [Planning Code - Landmark Designation - 2178-2174 Market Street (aka Swedish American Hall Building)] Sponsors: Wiener; Cohen Ordinance designating 2178-2174 Market Street (aka Swedish American Hall Building), Assessor’s Block No. 3542, Lot No. 017, as a Landmark under Planning Code, Article 10; and making environmental findings, and 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

Noes: None

150380 [Armenian Genocide Commemoration Day - April 24, 2015] Sponsors: Wiener; Yee and Farrell Resolution declaring April 24, 2015, as Armenian Genocide Centennial Commemoration Day in the City and County of San Francisco. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 157-15 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

150374 [Margie Stokes Day - May 2, 2015] Sponsor: Avalos Resolution commending Margie Stokes on the occasion of her 81st birthday for her leadership, commitment, and uncompromising dedication to San Francisco’s children, families, and child care providers; and declaring May 2, 2015, Margie Stokes Day in the City and County of San Francisco. Resolution No. 154-15 ADOPTED by the following vote:

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

Noes: None

fic Partnership (TPP), Expressing Concerns about Elements of the TPP, and Supporting Fair Trade Practices that Protect Jobs, Workers, the Environment, Public Health, and the Free and Open Internet] Sponsors: Avalos; Campos and Mar Resolution urging San Francisco’s representatives in Congress to oppose Trade Promotion Authority (“Fast Track Authority”) for the proposed Trans-Pacific Partnership Agreement (TPP); expressing concerns about draft elements of the TPP; and supporting fair trade practices and agreements that protect jobs, workers, the environment, and the free and open Internet to improve the quality of life in all signatory countries, maintain the integrity and sovereignty of our judicial system, promote free speech, privacy rights, and protection of whistleblowers, and to prevent multinational corporations from being granted excessive power to undermine national and local governmental authority to create reasonable rules and regulations. Supervisors Campos and Mar requested to be added as co-sponsors. Supervisor Avalos, seconded by Supervisor Mar, moved that this Resolution 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

Noes: None

Resolution urging San Francisco’s representatives in Congress to oppose Trade Promotion Authority (“Fast Track Authority”) for the proposed Trans-Pacific Partnership Agreement (TPP); expressing concerns about draft elements of the TPP; and supporting fair trade practices and agreements that protect jobs, workers, the environment, public health, and the free and open Internet to improve the quality of life in all signatory countries, maintain the integrity and sovereignty of our judicial system, promote free speech, privacy rights, and protection of whistleblowers, and to prevent multinational corporations from being granted excessive power to undermine national and local governmental authority to create reasonable rules and regulations. Resolution No. 155-15 ADOPTED AS AMENDED by the following vote:

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

Noes: None

150376 [The Junior League of San Francisco, Inc., Women at the Center Honors Day - May 4, 2015] Sponsor: Farrell Resolution declaring May 4, 2015, as The Junior League of San Francisco, Inc., Women at the Center Honors Day in the City and County of San Francisco. Resolution No. 156-15 ADOPTED by the following vote:

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

Noes: None

150377 [Supporting Assembly Bills 404 (Chiu), 1385 and 1397 (Ting) - Community Colleges and Accreditation] Sponsors: Mar; Yee, Campos, Farrell and Cohen Resolution supporting Assembly Bill 404, authored by Assembly Member David Chiu, and Assembly Bills 1385 and 1397, authored by Assembly Member Phil Ting, to reform rules and procedures in California’s community college accreditation process. Supervisors Campos, Farrell, and Cohen requested to be added as co-sponsors. ADOPTED by the following vote:

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

Noes: None

Supervisor Mar, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Mar, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Resolution No. 153-15 ADOPTED AS AMENDED by the following vote:

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

Noes: None