Board of Supervisors Minutes: May 5, 2015

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) Ordinance No. 069-15 FINALLY PASSED by the following vote:

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

Noes: None

recommendations regarding noise to the Planning Department 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 Breed, seconded by Supervisor Wiener, 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

City and County of San Francisco Page 300 Printed at 11:50 am on 6/18/15 Board of Supervisors Meeting Minutes 5/5/2015 PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

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. Supervisor Cohen, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to May 12, 2015. The motion carried 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. Ordinance No. 068-15 FINALLY PASSED by the following vote:

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

Noes: None

150291 [New Lease Extension - Robert J. Cort Marital Trust - 760 Harrison Street - $304,200 in Initial Year] Resolution authorizing a new Lease between the City and County of San Francisco, as Tenant, and the Robert J. Cort Marital Trust, as Landlord, for clinic space located at 760 Harrison Street, consisting of approximately 13,000 square feet for use by the Department of Public Health; continuing the original lease at $25,350 monthly through June 30, 2017, for $304,200 rent in the initial year, plus an additional five-year period at $42,488 monthly through June 30, 2022, with two 2% annual increases, and three five-year options to extend. (Real Estate Department) (Fiscal Impact.) Resolution No. 169-15 ADOPTED by the following vote:

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

Noes: None

150366 [Apply for, Accept, and Expend Grant - Community Development Block Grant Program - $19,605,891 - FY2015-2016] Sponsor: Mayor Resolution approving the FY2015-2016 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2015-2016 CDBG Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $16,489,944 and to expend program income and reprogrammed funds in the amount of $3,115,947 for a combined total amount of $19,605,891 over the period beginning July 1, 2015, through the date when all funds are expended. Resolution No. 172-15 ADOPTED by the following vote:

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

Noes: None

150367 [Apply for, Accept, and Expend Grant - Housing Opportunities for Persons with AIDS Program - $7,562,162 - FY2015-2016] Sponsor: Mayor Resolution approving the FY2015-2016 Housing Opportunities for Persons with AIDS (HOPWA) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2015-2016 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $7,461,390 and to expend program income and reprogrammed funds in the amount of $100,772 for a combined total of $7,562,162 for the period of July 1, 2015, through June 30, 2020. Resolution No. 173-15 ADOPTED by the following vote:

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

Noes: None

150368 [Apply for, Accept, and Expend Grant - HOME Program - $5,806,358 - FY2015-2016] Sponsor: Mayor Resolution approving the FY2015-2016 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2015-2016 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $3,931,015 and to expend program income in the amount of $1,875,343 for a combined total of $5,806,358 for the term of July 1, 2015, through June 30, 2020. Resolution No. 174-15 ADOPTED by the following vote:

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

Noes: None

150369 [Apply for, Accept, and Expend Grant - Emergency Solutions Grants Program - $1,482,125 - FY2015-2016] Sponsor: Mayor Resolution approving the FY2015-2016 Emergency Solutions Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2015-2016 ESG Program entitlement from the U.S. Department of Housing and Urban Development, in the amount of $1,482,125 for an unspecified period starting July 1, 2015. Resolution No. 175-15 ADOPTED by the following vote:

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

Noes: None

150370 [Accept and Expend Grant - California HCD Local Housing Trust Fund Grant - $2,000,000] Sponsor: Breed Resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend a grant in the amount of $2,000,000 from the California Department of Housing and Community Development Local Housing Trust Fund Program. (Fiscal Impact.) Resolution No. 176-15 ADOPTED by the following vote:

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

Noes: None

150371 [California Enterprise Development Authority Revenue Obligations Issuance - The Urban School of San Francisco - Not to Exceed $25,000,000] Sponsor: Breed Resolution approving, for purposes of Internal Revenue Code, Section 147(f), the Issuance and Sale of Revenue Obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $25,000,000 to finance or refinance the acquisition, construction, installation, rehabilitation, equipping, and/or furnishing of K-12 educational facilities to be owned and operated by, or leased and operated by, The Urban School of San Francisco, a California non-profit public benefit corporation. Resolution No. 177-15 ADOPTED by the following vote:

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

Noes: None

150373 [Lease Agreement - Glenridge Nursery School - Silver Tree Building - Initial Annual Base Rent of $26,380.91 and Rent Credits of Up to $25,000] Sponsor: Wiener Resolution authorizing the General Manager of the Recreation and Park Department to execute a fifteen-year lease with Glenridge Nursery School for the Silver Tree Building in Glen Canyon Park for an initial annual base rent of $26,380.91 and rent credits of up to $25,000 following completion of roof replacement for the term of June 6, 2015, through June 5, 2030. Resolution No. 178-15 ADOPTED by the following vote:

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

Noes: None

strative Code, Section 2.6-1, the potential real estate transaction involving Port property at Seawall Lots 324 and 323 on the west side of The Embarcadero at Vallejo Street with Teatro ZinZanni, and financial partner Kenwood Investments No. 6, LLC, operating together as TZK Broadway, LLC (TZK), for development of a dinner theater and maximum 200-room, 40-foot boutique hotel and an approximately 7,500 square foot privately financed public park and ancillary uses; urging the Port, Teatro ZinZanni, and TZK to engage in outreach to affected and interested neighbors, community members and other stakeholders to ensure that the proposed project is designed with public input; and urging the Port Director, with the assistance of Port staff, the City Attorney’s Office, and other City officials to take all actions needed to negotiate an exclusive negotiating agreement and a term sheet with Teatro ZinZanni and TZK on a sole source basis, consistent with this Resolution. (Port) (Supervisor Kim dissented in committee.) Supervisor Kim, seconded by Supervisor Christensen, 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. 170-15 ADOPTED AS AMENDED by the following vote:

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

Noes: None

150341 [Street Encroachment - Newcomb Avenue Frontage of 4705-3rd Street - San Francisco Arts Commission] Resolution granting revocable permission to the San Francisco Arts Commission to occupy a portion of the public right-of-way to construct and maintain a new concrete entry stairway with illuminated handrails, an accessible ramp at the main point of egress and ingress and other related improvements, at the Newcomb Avenue frontage of 4705-3rd Street (Assessor’s Block No. 5311, Lot No. 036); 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. (Public Works) Resolution No. 171-15 ADOPTED by the following vote:

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

Noes: None

150180 [Appointment, Citizen's Committee on Community Development - Patrina Hall] Motion appointing Patrina Hall, term ending February 23, 2017, to the Citizen's Committee on Community Development. (Rules Committee) Motion No. M15-078 APPROVED by the following vote:

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

Noes: None

150391 [Appointment, Veterans Affairs Commission - Sam Pandey] Motion appointing Sam Pandey, term ending January 31, 2016, to the Veterans Affairs Commission. (Rules Committee) Motion No. M15-079 APPROVED by the following vote:

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

Noes: None

150412 [Interim Zoning Controls - Conditional Use Authorization for Medical Cannabis Dispensaries in Irving, Judah, Noriega, and Taraval Neighborhood Commercial Districts] Sponsor: Tang Resolution imposing interim zoning controls to reinstate the conditional use authorization requirement for Medical Cannabis Dispensaries in the Irving, Judah, Noriega, and Taraval Street Neighborhood Commercial Districts, and impose additional conditional use authorization criteria; and making environmental findings, including findings of consistency with the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact); (Economic Impact pending further Office of Economic Analysis Review) Resolution No. 179-15 ADOPTED by the following vote:

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

Noes: Avalos, Mar

150433 [Committee of the Whole - Redevelopment Plan Amendment - Transbay Redevelopment Project Area - June 9, 2015] Sponsor: Kim Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 9, 2015, at 3:00 p.m., to hold a public hearing to consider the proposed Minor Amendment to the Redevelopment Plan for the Transbay Redevelopment Project Area to provide bulk limits for general office buildings in Zone One. Motion No. M15-081 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

150437 [Supporting Implementation of the 22 Fillmore Transit Priority Project and Urging Approval of the 2015 TIGER VII Grant Application] Sponsors: Mayor; Kim Resolution supporting the implementation of the 22 Fillmore Transit Priority Project; and urging the United States Department of Transportation to approve the 2015 TIGER VII Grant Application submitted by the San Francisco Municipal Transportation Agency. Privilege of the floor was granted unanimously to Jon Givner, Deputy City Attorney, Nicole Elliott, Mayor's Legislative Director, and Cathal Hennessy (MTA) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Campos, moved that this Resolution be AMENDED on Page 1, Line 8, by changing the amount to $20,000,000, and on Page 3, Line 18, by changing the amount to $20,000,000. The motion carried by the following vote:

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

Noes: None

Supervisor Cohen, seconded by Supervisor Kim, moved that this Resolution be CONTINUED AS AMENDED to May 12, 2015. The motion carried by the following vote:

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

Noes: None