Board of Supervisors Minutes: April 28, 2015

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. Ordinance No. 059-15 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Avalos

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. Supervisor Campos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 10, Line 18, by adding 'service of' after 'date of'. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Excused: Avalos

150222 [Administrative Code - Membership and Functions of the Our Children, Our Families Council] Sponsors: Yee; Christensen, Tang, Kim, Campos, Avalos, Mar and Farrell 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. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 058-15 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

150240 [Contract Amendment - Children's Council of San Francisco - Preschool for All Program - Not to Exceed $47,326,791] Resolution approving the fifth contract amendment with the Children's Council of San Francisco, to manage the Preschool for All Program subsidies to eligible children of the City, increasing the not to exceed amount from $40,730,000 to $47,326,791 for the period of July 1, 2012, to June 30, 2015. (First 5 SF Children and Families Commission) (Fiscal Impact) Resolution No. 159-15 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

Not to Exceed $61,427,368] Sponsor: Kim Resolution authorizing the issuance and delivery of a multifamily housing revenue note in an aggregate principal amount not to exceed $61,427,368 for the purpose of providing financing for the acquisition and construction of a 200-unit multifamily rental housing project located in the City at 588 Mission Bay Boulevard North (aka Mission Bay South Block 7 West); approving the form of and authorizing the execution of a funding 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; approving the forms of and authorizing the execution of certain loan documents; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the note and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, and subject to the terms of this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 161-15 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

150353 [Accept In-Kind Gift - Vertiba, Inc. - Technical Assistance for District Attorney’s Crime Strategies Unit - $20,000] Sponsor: Farrell Resolution retroactively authorizing the San Francisco Office of the District Attorney to accept an in-kind gift of technical assistance for its Crime Strategies Unit valued at $20,000 from Vertiba, Inc. Resolution No. 164-15 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

150289 [Settlement of Lawsuit - Kimberley Tuyay - $125,000] Ordinance authorizing settlement of the lawsuit filed by Kimberley Tuyay against the City and County of San Francisco for $125,000; the lawsuit was filed on March 24, 2014, in California Superior Court, San Francisco Branch, Case No. CGC-14-538197; entitled Kimberley Tuyay v. City and County of San Francisco, Department of Emergency Management, et al., later removed to the United States District Court for the Northern District of California, Case No. C 14-01981 NC. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

150335 [North of Market/Tenderloin Community Benefit District - Annual Reports for FYs 2010-2013] Sponsor: Kim Resolution receiving and approving annual reports for the North of Market/Tenderloin Community Benefit District for FYs 2010-2013, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s Management Agreement with the City, Section 3.4. Resolution No. 160-15 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

150351 [Civic Center Community Benefit District - Annual Reports for FYs 2011-2014] Sponsors: Breed; Kim Resolution receiving and approving annual reports for the Civic Center Community Benefit District for FYs 2011-2014, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s Management Agreement with the City, Section 3.4. Resolution No. 162-15 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

150352 [Top of Broadway Community Benefit District - Annual Report for FY2013-2014] Sponsor: Christensen Resolution receiving and approving an annual report for the Top of Broadway Community Benefit District for FY2013-2014, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s Management Agreement with the City, Section 3.4. Resolution No. 163-15 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

artment and Department of Building Inspection; to require lessors and sellers of residential property to disclose to lessees and purchasers potential noise and other inconveniences associated with nearby POEs; to require that such disclosure requirements be recorded against all newly approved residential projects in a Notice of Special Restrictions; to require the Planning Department and Commission to consider noise issues when reviewing proposed residential projects; and to specify factors concerning noise for the Entertainment Commission to review when considering granting a POE permit; making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of local conditions under California Health and Safety Code, Section 17958.7; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the State Building Standards Commission upon final passage. Supervisor Farrell requested to be added as a co-sponsor. Supervisor Campos, seconded by Supervisor Christensen, moved that this Ordinance be CONTINUED ON FIRST READING to May 5, 2015. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

150002 [Planning Code - Landmark Designation - 182-198 Gough Street (aka the R. L. Goldberg Building)] Sponsor: Breed Ordinance designating 182-198 Gough Street (aka the R. L. Goldberg Building), Assessor's Block No. 0837, Lot No. 014, 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: Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Excused: Avalos

141018 [Public Hearing - Appeal of Tentative Map - 639 Peralta Avenue] Hearing of persons interested in or objecting to the decision 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) The President acknowledged receipt of a letter received from Alexander Weyand (Appellant), dated April 27, 2015, for property located at 639 Peralta Avenue requesting a continuance of the appeal. The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance. Supervisor Campos provided some opening remarks. Rebecca Hoberg (Appellant); spoke in favor of the proposed continuance. There were no other speakers. The President declared public comment closed. Supervisor Campos, seconded by Supervisor Mar, moved that this Hearing be CONTINUED OPEN to July 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

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 Mar, moved that this Motion be CONTINUED to July 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

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 Mar, moved that this Motion be CONTINUED to July 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

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 Mar, moved that this Motion be CONTINUED to July 28, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

150388 [Approving Appointment, Commission on the Status of Women - Debbie Mesloh] Motion approving the Mayor’s appointment of Debbie Mesloh, term ending November 18, 2018, to the Commission on the Status of Women. (Clerk of the Board) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the appointment by a two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by a two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 3, 2015.) Motion No. M15-073 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

150389 [Appointment, Energy Efficiency Coordinating Committee - Antonio Diaz] Motion appointing Antonio Diaz (residency requirement waived), for a one-year term yet to be determined, to the Energy Efficiency Coordinating Committee. (Rules Committee) Motion No. M15-074 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

150392 [Appointments, Children and Families First Commission - Linda Asato, Suzanne Giraudo, and Lynn Merz] Motion appointing Linda Asato, Suzanne Giraudo, and Lynn Merz (residency requirement waived), terms ending April 29, 2019, to the Children and Families First Commission. (Rules Committee) Motion No. M15-075 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

150393 [Appointments, Office of Early Care and Education Citizens' Advisory Committee - Kim Garcia-Meza, Candace Wong, Kathie Herrera-Autumn, and Sandee Blechman] Motion appointing Kim Garcia-Meza and Candace Wong, terms ending May 1, 2017, and Kathie Herrera-Autumn and Sandee Blechman, terms ending May 1, 2018, to the Office of Early Care and Education Citizens' Advisory Committee. (Rules Committee) Motion No. M15-076 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

150394 [Approving Appointments, Office of Early Care and Education Citizens’ Advisory Committee - Carla Bryant, September Jarrett, Meredith Osborn, Yohana Quiroz, and Lygia Stebbing] Motion approving the Mayor’s appointments of Carla Bryant and September Jarrett, terms ending May 1, 2017, and Meredith Osborn, Yohana Quiroz, and Lygia Stebbing, terms ending May 1, 2018, to the Office of Early Care and Education Citizens’ Advisory Committee. (Clerk of the Board) (Administrative Code, Section 5.122(a), provides that the Board of Supervisors has the authority to reject the appointment by a two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by a two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 8, 2015.) Motion No. M15-077 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

150414 [Women’s Lung Health Week - May 11-17, 2015] Sponsors: Farrell; Christensen and Tang Resolution declaring May 11-17, 2015, as Women’s Lung Health Week in the City and County of San Francisco. Supervisors Christensen and Tang requested to be added as co-sponsors. Resolution No. 166-15 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Avalos