# Board of Supervisors Minutes: November 6, 2012 - Meeting date: 2012-11-06 - Document type: minutes - Pages in official PDF: 15 - [Canonical HTML transcript](https://sfbos.info/documents/72/2012-11-06-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=215801&GUID=9110AE8D-FE68-4A74-A6FD-AC4BB08343F2) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 120220: Planning Code - Signage Requirements for Privately-Owned Public Open Spaces - Pages: 3 - Vote 1: final-passage, likely final - Action: 120220 [Planning Code - Signage Requirements for Privately-Owned Public Open Spaces] Sponsor: Chiu Ordinance amending the San Francisco Planning Code to: 1) consolidate into Section 138 the requirements for privately-owned public open space; 2) create a new Zoning Administrator Bulletin that will contain detailed design and graphics requirements for the required informational plaques; and 3) make environmental findings, Planning Code Section 302 findings, and findings of consistency with General Plan and Planning Code Section 101.1. Ordinance No. 228-12 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120882: Administrative Code - Board of Supervisors Review of Affordable Housing Trust Fund - Pages: 3 - Vote 1: final-passage, likely final - Action: 120882 [Administrative Code - Board of Supervisors Review of Affordable Housing Trust Fund] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code by adding Section 1.60 to require the Mayor's Office of Housing and the Planning Department to report to the Board of Supervisors every five years on the implementation of Charter Section 16.110, the Affordable Housing Trust Fund Charter Amendment. Ordinance No. 230-12 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121033: Planning Code - Limited Commercial Uses in Residential Transit Oriented Mission District - Pages: 3-4 - Vote 1: final-passage, likely final - Action: 121033 [Planning Code - Limited Commercial Uses in Residential Transit Oriented Mission District] Sponsors: Campos; Chiu Ordinance amending the San Francisco Planning Code Section 231 to allow for greater size and depth from the corner for limited commercial uses in the Residential Transit Oriented Mission (RTO-M) District; and making environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. Ordinance No. 231-12 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120815: Health Code - Bed Bug Infestation Prevention, Treatment, Disclosure and Reporting - Pages: 4 - Vote 1: final-passage, likely final - Action: 120815 [Health Code - Bed Bug Infestation Prevention, Treatment, Disclosure and Reporting] Sponsors: Kim; Campos Ordinance amending the San Francisco Health Code by adding Article 11A requiring: 1) the Department of Public Health ("DPH") to provide written information outlining the rights and responsibilities of tenants, property owners and Pest Control Operators ("PCO") regarding the prevention and treatment of bed bug infestations; 2) DPH to develop a training curriculum on bed bug abatement; 3) owners to respond to bed bug infestation complaints; 4) property owners to disclose bed bug infestation history for the previous two years; 5) DPH to collect and publish bed bug data on a quarterly basis; 6) the Health Department to conduct a biannual public hearing to review DPH's written materials, and adopt amendments as appropriate; establishing enforcement procedures; and making environmental findings. Ordinance No. 229-12 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120840: Board Response - Civil Grand Jury Report - Deja Vu All Over Again: San Francisco's City Technology Needs a Culture Shock - Pages: 4-5 - Vote 1: adoption, likely final - Action: 120840 [Board Response - Civil Grand Jury Report - Deja Vu All Over Again: San Francisco's City Technology Needs a Culture Shock] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2011-2012 Civil Grand Jury report entitled "Deja Vu All Over Again: San Francisco's City Technology Needs a Culture Shock" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 412-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120842: Board Response - Civil Grand Jury Report - Better MUNI Service Needed, Without Switchbacks: An Investigation into the San Francisco Municipal Transportation Agency - Pages: 5 - Vote 1: adoption, likely final - Action: 120842 [Board Response - Civil Grand Jury Report - Better MUNI Service Needed, Without Switchbacks: An Investigation into the San Francisco Municipal Transportation Agency] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2011-2012 Civil Grand Jury report entitled "Better MUNI Service Needed, Without Switchbacks: An Investigation into the San Francisco Municipal Transportation Agency" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 413-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120816: Administrative Code - Port Pre-Payment of Jobs-Housing Linkage Program Obligations - Pages: 5-6 - Vote 1: first-reading - Action: 120816 [Administrative Code - Port Pre-Payment of Jobs-Housing Linkage Program Obligations] Sponsor: Kim Ordinance amending the San Francisco Administrative Code, by adding Section 61.12, to authorize pre-payment of Jobs-Housing Linkage Program obligations for developments on certain Port lands; and adopting environmental findings. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121081: Public Hearing - Real Property Leases - 110-12th Street, 875 Stevenson Street, and 1155 Market Street - Pages: 6 ### File 121046: Real Property Lease - 110-12th Street - St. James Family Partnership, L.P. - ReproMail - Pages: 6 - Vote 1: adoption, likely final - Action: 121046 [Real Property Lease - 110-12th Street - St. James Family Partnership, L.P. - ReproMail] Sponsor: Mayor Resolution authorizing the lease of 10,469 sq. ft. of space at 110-12th Street with the St. James Family Partnership, L.P., for use by the Office of Contract Administration’s ReproMail for the term of approximately ten years commencing on February 1, 2013 and terminating January 31, 2023 for the renovation of the property. Resolution No. 407-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121047: Real Property Lease Amendment - SRI Nine Market Square, LLC - 875 Stevenson Street - Renovation of the Property - Pages: 6-7 - Vote 1: adoption, likely final - Action: 121047 [Real Property Lease Amendment - SRI Nine Market Square, LLC - 875 Stevenson Street - Renovation of the Property] Sponsor: Mayor Resolution authorizing the Fourth Amendment to Lease of 875 Stevenson Street floors 1, 3 and 4, terminating said lease with SRI Nine Market Square, LLC for the renovation of the property. Resolution No. 408-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121048: Real Property Lease - 1155 Market Street - 1155 SF Partners, LLC - Various City Departments - Pages: 7 - Vote 1: adoption, likely final - Action: 121048 [Real Property Lease - 1155 Market Street - 1155 SF Partners, LLC - Various City Departments] Sponsor: Mayor Resolution authorizing the lease of approximately 103,501 sq. ft. of space at 1155 Market Street with 1155 SF Partners, LLC, for use by various City Departments for the term of approximately ten years commencing January 15, 2013, and terminating on January 14, 2023 for renovation of the property. Resolution No. 409-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120965: Business and Tax Regulations Code - Prevent Termination of Payroll Expense Tax Exclusion for Small Business Net New Payroll if Voters Adopt Gross Receipts Tax - Pages: 7 - Vote 1: first-reading - Action: 120965 [Business and Tax Regulations Code - Prevent Termination of Payroll Expense Tax Exclusion for Small Business Net New Payroll if Voters Adopt Gross Receipts Tax] Sponsors: Farrell; Campos, Elsbernd, Chu, Wiener and Cohen Ordinance amending the San Francisco Business and Tax Regulations Code Article 12-A by amending Section 906.5 to prevent the Payroll Expense Tax Exclusion for Small Business Net New Payroll for years 2012 through 2015 from terminating in the event the voters of the City and County of San Francisco pass a gross receipts tax. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121020: Real Property Purchase Agreement - 1550 Evans Avenue and 330 Newhall Street - San Francisco Public Utilities Commission - $15,000,000 - Pages: 7-8 - Vote 1: adoption, likely final - Action: 121020 [Real Property Purchase Agreement - 1550 Evans Avenue and 330 Newhall Street - San Francisco Public Utilities Commission - $15,000,000] Sponsor: Cohen Resolution approving and authorizing an agreement for the purchase of a parcel of real estate located at 1550 Evans Avenue and 330 Newhall Street (Assessor Block No. 5203, Lot No. 035), consisting of approximately 4.68 acres improved with 50,593 square feet of office/industrial buildings for the San Francisco Public Utilities Commission, for a purchase price of $15,000,000; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. Resolution No. 406-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121023: Grant Agreement - Kelly Cullen Community - 220 Golden Gate Avenue - Not to Exceed $18,475,118 - Pages: 8 - Vote 1: adoption, likely final - Action: 121023 [Grant Agreement - Kelly Cullen Community - 220 Golden Gate Avenue - Not to Exceed $18,475,118] Sponsor: Mayor Resolution authorizing the Director of the Mayor’s Office of Housing to execute a Local Operating Subsidy Program Grant Agreement with 220 Golden Gate Master Tenant, LP, to provide operating subsidies for formerly homeless single adults at Kelly Cullen Community, 220 Golden Gate Avenue, for the period of December 1, 2012, to November 30, 2027, in an amount not to exceed $18,475,118. Resolution No. 410-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121041: Accept and Expend Grant - Energy Efficiency Program - $2,977,000 - Pages: 8 - Vote 1: adoption, likely final - Action: 121041 [Accept and Expend Grant - Energy Efficiency Program - $2,977,000] Sponsor: Mar Resolution retroactively authorizing the Department of the Environment to accept and expend a grant in the amount of $2,977,000 from the California Public Utilities Commission, through Pacific Gas and Electric Company, to continue an energy use and demand reduction through Energy Efficiency Program in the City and County of San Francisco for the period of October 15, 2012, through December 31, 2012. Resolution No. 411-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 121080: Committee of the Whole - Real Property Leases - 110-12th Street, 875 Stevenson Street, and 1155 Market Street - Pages: 8-9 ### File 121075: Clean Water Act 40th Anniversary - Pages: 9 ### File 121076: Urging the Commissioners of Men’s Sports to Publicly Support Lesbian, Gay, Bisexual, and Transgender Athletes - Pages: 9 ### File 121079: 2013 Board of Supervisors Regular Meeting Schedule - Pages: 9 - Vote 1: approval, likely final - Action: 121079 [2013 Board of Supervisors Regular Meeting Schedule] Motion establishing the 2013 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 1, January 8, January 22, February 19, May 28, July 2, October 15, November 12, and December 3; and by further canceling all Board and Committee meetings during the summer and winter breaks from July 31 through August 30, and December 18 through December 31. (Clerk of the Board) Motion No. M12-132 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120193: Public Works Code - Mobile Food Truck Locations - Pages: 10 ### File 120996: Planning Code - Efficiency Dwelling Units - Numerical Cap and Open/Common Space Requirements - Pages: 10-11 ### File 121064: Business and Tax Regulations, Police Codes - Parking Stations - Revenue Control Equipment; License Regulations; Parking Tax Bonds; Administrative Citation Process - Pages: 11 ### File 121105: Administrative Code - Expanding Public Utilities Commission Local Business Enterprise Contracting Opportunities - Pages: 11 ### File 121106: Settlement of Lawsuit - Pacific Rod and Gun Club - Pages: 11-12 ### File 121107: Health Code - Disclosing Landlord's Prohibition of Smoking in Residential Rental Units; Designating Units as Smoke Free or Smoking Optional - Pages: 12 ### File 121108: Transportation Code - Selling or Distributing from a Vehicle Restrictions - Pages: 12 ### File 121044: Piers 30-32/Seawall Lot 330 - Warriors Development Project - Pages: 12-13 ### File 121109: Expenditures from South of Market Community Stabilization Fund - $760,000 - Pages: 13 ### File 121110: Issuance of Tax Exempt Obligation - San Francisco Friends School - Not to Exceed $32,000,000 - Pages: 13 ### File 121111: Accept and Expend Grant - San Francisco Parks Alliance - Not to Exceed $280,000 - Pages: 13 ### File 121088: Committee of the Whole - December 11, 2012 - Public Hearing to Acquire Temporary Construction Licenses for Various Real Properties by Eminent Domain for Central Subway/Third Street Light Rail Extension Project - Pages: 13-14 ### File 121112: Hearing - San Francisco Unified School District and City College of San Francisco - Potential Drastic Cuts - Pages: 14 ### File 121113: Performance Audit - Department of Public Health and Human Services Agency - Management Professional Services Contracts - Pages: 14 ### File 121061: Planning Code - Landmark Designation of 401 Castro Street (Twin Peaks Tavern) - Pages: 14-15 ### File 121062: Agreement Amendment - MedImpact Healthcare Systems, Inc. - Third Party Pharmacy Administration Services at Community Pharmacies - $17,575,376 - Pages: 15 ## Extracted text ### [Page 1](https://sfbos.info/documents/72/2012-11-06-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, November 6, 2012 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, CHRISTINA OLAGUE, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Budget and Finance Committee Wednesday Supervisors Chu, Avalos, Kim 11:00 AM City and School District Select Committee 4th Thursday Supervisors Campos, Olague, Chiu, Commissioners Fewer, Maufas, Mendoza 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Elsbernd, Chu, Olague 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Elsbernd, Wiener, Chiu 1:00 PM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Avalos, Olague, Mar 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Farrell, Avalos 1:30 PM Volume 107 Number 36 ### [Page 2](https://sfbos.info/documents/72/2012-11-06-minutes#page-2) Board of Supervisors Meeting Minutes 11/6/2012 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Christina Olague, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:05 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Avalos, moved to approve the Board Meeting Minutes of October 2, 2012. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener COMMUNICATIONS There were none. CONSENT AGENDA There were no items. City and County of San Francisco Page 773 Printed at 4:28 pm on 12/21/12 ### [Page 3](https://sfbos.info/documents/72/2012-11-06-minutes#page-3) Board of Supervisors Meeting Minutes 11/6/2012 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Land Use and Economic Development Committee 120220 [Planning Code - Signage Requirements for Privately-Owned Public Open Spaces] Sponsor: Chiu Ordinance amending the San Francisco Planning Code to: 1) consolidate into Section 138 the requirements for privately-owned public open space; 2) create a new Zoning Administrator Bulletin that will contain detailed design and graphics requirements for the required informational plaques; and 3) make environmental findings, Planning Code Section 302 findings, and findings of consistency with General Plan and Planning Code Section 101.1. Ordinance No. 228-12 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 120882 [Administrative Code - Board of Supervisors Review of Affordable Housing Trust Fund] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code by adding Section 1.60 to require the Mayor's Office of Housing and the Planning Department to report to the Board of Supervisors every five years on the implementation of Charter Section 16.110, the Affordable Housing Trust Fund Charter Amendment. Ordinance No. 230-12 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 121033 [Planning Code - Limited Commercial Uses in Residential Transit Oriented Mission District] Sponsors: Campos; Chiu Ordinance amending the San Francisco Planning Code Section 231 to allow for greater size and depth from the corner for limited commercial uses in the Residential Transit Oriented Mission (RTO-M) District; and making environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. Ordinance No. 231-12 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 774 Printed at 4:28 pm on 12/21/12 ### [Page 4](https://sfbos.info/documents/72/2012-11-06-minutes#page-4) Board of Supervisors Meeting Minutes 11/6/2012 Recommendation of the Rules Committee 120815 [Health Code - Bed Bug Infestation Prevention, Treatment, Disclosure and Reporting] Sponsors: Kim; Campos Ordinance amending the San Francisco Health Code by adding Article 11A requiring: 1) the Department of Public Health ("DPH") to provide written information outlining the rights and responsibilities of tenants, property owners and Pest Control Operators ("PCO") regarding the prevention and treatment of bed bug infestations; 2) DPH to develop a training curriculum on bed bug abatement; 3) owners to respond to bed bug infestation complaints; 4) property owners to disclose bed bug infestation history for the previous two years; 5) DPH to collect and publish bed bug data on a quarterly basis; 6) the Health Department to conduct a biannual public hearing to review DPH's written materials, and adopt amendments as appropriate; establishing enforcement procedures; and making environmental findings. Ordinance No. 229-12 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener NEW BUSINESS Recommendations of the Government Audit and Oversight Committee 120840 [Board Response - Civil Grand Jury Report - Deja Vu All Over Again: San Francisco's City Technology Needs a Culture Shock] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2011-2012 Civil Grand Jury report entitled "Deja Vu All Over Again: San Francisco's City Technology Needs a Culture Shock" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 412-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 775 Printed at 4:28 pm on 12/21/12 ### [Page 5](https://sfbos.info/documents/72/2012-11-06-minutes#page-5) Board of Supervisors Meeting Minutes 11/6/2012 120842 [Board Response - Civil Grand Jury Report - Better MUNI Service Needed, Without Switchbacks: An Investigation into the San Francisco Municipal Transportation Agency] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2011-2012 Civil Grand Jury report entitled "Better MUNI Service Needed, Without Switchbacks: An Investigation into the San Francisco Municipal Transportation Agency" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 413-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Recommendation of the Land Use and Economic Development Committee 120816 [Administrative Code - Port Pre-Payment of Jobs-Housing Linkage Program Obligations] Sponsor: Kim Ordinance amending the San Francisco Administrative Code, by adding Section 61.12, to authorize pre-payment of Jobs-Housing Linkage Program obligations for developments on certain Port lands; and adopting environmental findings. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener The Board recessed at the hour of 2:31 p.m. and reconvened at 3:00 p.m. City and County of San Francisco Page 776 Printed at 4:28 pm on 12/21/12 ### [Page 6](https://sfbos.info/documents/72/2012-11-06-minutes#page-6) Board of Supervisors Meeting Minutes 11/6/2012 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole (Pursuant to File No. 121080, approved November 6, 2012.) 121081 [Public Hearing - Real Property Leases - 110-12th Street, 875 Stevenson Street, and 1155 Market Street] Sponsor: Kim Hearing of persons interested in or objecting to consider adopting Resolutions associated with various real property leases located at 110-12th Street, 875 Stevenson Street, and 1155 Market Street (File Nos. 121046, 121047, 121048). The President inquired as to whether any member of the public wished to address the Board relating to real property leases of various properties as referenced in File Nos. 121046, 121047, and 121048. John Updike, Real Estate Department Director, provided an overview of the proposed real property leases and responded to questions raised throughout the discussion. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report 121046 [Real Property Lease - 110-12th Street - St. James Family Partnership, L.P. - ReproMail] Sponsor: Mayor Resolution authorizing the lease of 10,469 sq. ft. of space at 110-12th Street with the St. James Family Partnership, L.P., for use by the Office of Contract Administration’s ReproMail for the term of approximately ten years commencing on February 1, 2013 and terminating January 31, 2023 for the renovation of the property. Resolution No. 407-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 121047 [Real Property Lease Amendment - SRI Nine Market Square, LLC - 875 Stevenson Street - Renovation of the Property] Sponsor: Mayor Resolution authorizing the Fourth Amendment to Lease of 875 Stevenson Street floors 1, 3 and 4, terminating said lease with SRI Nine Market Square, LLC for the renovation of the property. Resolution No. 408-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 777 Printed at 4:28 pm on 12/21/12 ### [Page 7](https://sfbos.info/documents/72/2012-11-06-minutes#page-7) Board of Supervisors Meeting Minutes 11/6/2012 121048 [Real Property Lease - 1155 Market Street - 1155 SF Partners, LLC - Various City Departments] Sponsor: Mayor Resolution authorizing the lease of approximately 103,501 sq. ft. of space at 1155 Market Street with 1155 SF Partners, LLC, for use by various City Departments for the term of approximately ten years commencing January 15, 2013, and terminating on January 14, 2023 for renovation of the property. Resolution No. 409-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener SPECIAL ORDER 3:30 P.M. - Recognition of Commendations There were none. COMMITTEE REPORTS Recommendations of the Budget and Finance Committee 120965 [Business and Tax Regulations Code - Prevent Termination of Payroll Expense Tax Exclusion for Small Business Net New Payroll if Voters Adopt Gross Receipts Tax] Sponsors: Farrell; Campos, Elsbernd, Chu, Wiener and Cohen Ordinance amending the San Francisco Business and Tax Regulations Code Article 12-A by amending Section 906.5 to prevent the Payroll Expense Tax Exclusion for Small Business Net New Payroll for years 2012 through 2015 from terminating in the event the voters of the City and County of San Francisco pass a gross receipts tax. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 121020 [Real Property Purchase Agreement - 1550 Evans Avenue and 330 Newhall Street - San Francisco Public Utilities Commission - $15,000,000] Sponsor: Cohen Resolution approving and authorizing an agreement for the purchase of a parcel of real estate located at 1550 Evans Avenue and 330 Newhall Street (Assessor Block No. 5203, Lot No. 035), consisting of approximately 4.68 acres improved with 50,593 square feet of office/industrial buildings for the San Francisco Public Utilities Commission, for a purchase price of $15,000,000; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. Resolution No. 406-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 778 Printed at 4:28 pm on 12/21/12 ### [Page 8](https://sfbos.info/documents/72/2012-11-06-minutes#page-8) Board of Supervisors Meeting Minutes 11/6/2012 121023 [Grant Agreement - Kelly Cullen Community - 220 Golden Gate Avenue - Not to Exceed $18,475,118] Sponsor: Mayor Resolution authorizing the Director of the Mayor’s Office of Housing to execute a Local Operating Subsidy Program Grant Agreement with 220 Golden Gate Master Tenant, LP, to provide operating subsidies for formerly homeless single adults at Kelly Cullen Community, 220 Golden Gate Avenue, for the period of December 1, 2012, to November 30, 2027, in an amount not to exceed $18,475,118. Resolution No. 410-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 121041 [Accept and Expend Grant - Energy Efficiency Program - $2,977,000] Sponsor: Mar Resolution retroactively authorizing the Department of the Environment to accept and expend a grant in the amount of $2,977,000 from the California Public Utilities Commission, through Pacific Gas and Electric Company, to continue an energy use and demand reduction through Energy Efficiency Program in the City and County of San Francisco for the period of October 15, 2012, through December 31, 2012. Resolution No. 411-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ROLL CALL FOR INTRODUCTIONS Legislation Introduced will appear on the Final Minutes for this meeting. Once the Legislation Introduced is approved, it will be available on http://www.sfbos.org/legislation_introduced. PUBLIC COMMENT James Chaffee; expressed concerns relating to the SF Public Library. Douglas Yep; expressed various concerns relating to Committee hearings. Walter Paulson; shared in song certain concerns with the Board. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 121080 [Committee of the Whole - Real Property Leases - 110-12th Street, 875 Stevenson Street, and 1155 Market Street] Sponsor: Kim Motion directing the Board of Supervisors to hold a public hearing on November 6, 2012, at 3:00 p.m., with the Board sitting as a Committee of the Whole, to consider adopting Resolutions associated with various real property leases located at 110-12th Street, 875 Stevenson Street, and 1155 Market Street (File Nos. 121046, 121047, 121048). Motion No. M12-131 APPROVED City and County of San Francisco Page 779 Printed at 4:28 pm on 12/21/12 ### [Page 9](https://sfbos.info/documents/72/2012-11-06-minutes#page-9) Board of Supervisors Meeting Minutes 11/6/2012 121075 [Clean Water Act 40th Anniversary] Sponsor: Cohen Resolution recognizing the 40th Anniversary of the Federal Clean Water Act and commending the San Francisco Public Utilities Commission for Clean Water Act implementation. Resolution No. 414-12 ADOPTED 121076 [Urging the Commissioners of Men’s Sports to Publicly Support Lesbian, Gay, Bisexual, and Transgender Athletes] Sponsors: Olague; Campos and Mar Resolution requesting the Commissioners of professional men’s sports to take part in the Last Closet Campaign, by going on record in a public interview in support of Lesbian, Gay, Bisexual, and Transgender athletes and to commit to setting up support systems and safeguards that allow athletes to be openly out and participate in sports without worry of discrimination or retaliation. Resolution No. 415-12 ADOPTED 121079 [2013 Board of Supervisors Regular Meeting Schedule] Motion establishing the 2013 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 1, January 8, January 22, February 19, May 28, July 2, October 15, November 12, and December 3; and by further canceling all Board and Committee meetings during the summer and winter breaks from July 31 through August 30, and December 18 through December 31. (Clerk of the Board) Motion No. M12-132 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener IMPERATIVE AGENDA There were no items. City and County of San Francisco Page 780 Printed at 4:28 pm on 12/21/12 ### [Page 10](https://sfbos.info/documents/72/2012-11-06-minutes#page-10) Board of Supervisors Meeting Minutes 11/6/2012 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 120193 [Public Works Code - Mobile Food Truck Locations] Sponsors: Wiener; Olague Ordinance amending the San Francisco Public Works Code Article 5.8 to address various locational and noticing requirements concerning mobile food facilities; and making environmental findings. (Economic Impact) 02/28/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/29/2012. 03/06/12; REFERRED TO DEPARTMENT. 03/09/12; RESPONSE RECEIVED. 09/05/12; REMAIN ACTIVE. 11/06/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 120996 [Planning Code - Efficiency Dwelling Units - Numerical Cap and Open/Common Space Requirements] Sponsor: Wiener Ordinance amending the San Francisco Planning Code by adding Section 318 to put a cap on the number of Efficiency Dwelling Units, as defined in the Building Code, that can be constructed with reduced square footage unless the units are group housing, affordable housing, or student housing; amending Section 135(d) and adding Section 135.4 to impose open space and common space requirements on Efficiency Dwelling Units with reduced square footage; and making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 10/09/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. 10/17/12; REFERRED TO DEPARTMENT. 11/06/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 781 Printed at 4:28 pm on 12/21/12 ### [Page 11](https://sfbos.info/documents/72/2012-11-06-minutes#page-11) Board of Supervisors Meeting Minutes 11/6/2012 121064 [Business and Tax Regulations, Police Codes - Parking Stations - Revenue Control Equipment; License Regulations; Parking Tax Bonds; Administrative Citation Process] Sponsor: Campos Ordinance amending the San Francisco Business and Tax Regulations Code by amending Article 6 (Common Administrative Provisions) to revise the bonding requirements for parking operators; revise the time to bring an action to collect tax; clarify the extent of a surety's liability; revise the administrative citation appeal process; and make other minor technical changes; amending Article 22 (Parking Stations; Revenue Control Equipment) to clarify that non-City governmental entities operating parking stations are exempt from the revenue control equipment requirements; and amending the San Francisco Police Code Article 17 (Miscellaneous License Regulations) to clarify that governmental entities operating parking garages or parking lots are exempt from the permitting requirements applicable to other commercial parking garage and valet operations. 10/30/12; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/30/2012. 11/06/12; REFERRED TO DEPARTMENT. 11/06/12; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. 121105 [Administrative Code - Expanding Public Utilities Commission Local Business Enterprise Contracting Opportunities] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code Section 14B.2 and related provisions to increase contracting opportunities for certified Public Utilities Commission Local Business Enterprise and to make corresponding technical changes; and making environmental findings and findings of consistency with the General Plan. 11/06/12; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 12/6/2012. 121106 [Settlement of Lawsuit - Pacific Rod and Gun Club] Sponsor: Elsbernd Ordinance authorizing settlement of the unlawful detainer lawsuit entitled City and County of San Francisco, et al., v. Pacific Rod and Gun Club, et al., filed on September 24, 2012, in San Francisco Superior Court, Case No. CUD-12-642832, regarding City-owned property located at 520 John Muir Drive in San Francisco; material terms of the settlement agreement include City and Club executing an amended and restated month-to-month lease with improved insurance, indemnity and other provisions in favor of the City, a new 90-day termination notice requirement, and a stipulation for entry of judgment without trial to facilitate City obtaining a writ of possession following such notice period. 11/06/12; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 782 Printed at 4:28 pm on 12/21/12 ### [Page 12](https://sfbos.info/documents/72/2012-11-06-minutes#page-12) Board of Supervisors Meeting Minutes 11/6/2012 121107 [Health Code - Disclosing Landlord's Prohibition of Smoking in Residential Rental Units; Designating Units as Smoke Free or Smoking Optional] Sponsors: Mar; Cohen Ordinance amending the San Francisco Health Code by adding Article 19M relating to multi-unit residential rental properties where less than 100 percent of the units are designated as smoke free, to require that owners designate each unit as either smoke free or smoking optional, and include that designation in residential vacancy listings; provide a list to a rental applicant showing the designation of units in the building as smoke free or smoking optional, before offering a unit to that applicant; disclose in writing to any rental applicant whether the landlord has designated the unit for rent as smoke free or smoking optional, prior to entering into a new lease or rental agreement; develop and maintain a master list available to all tenants that identifies the location of each smoke free unit and each smoking optional unit; and comply with a timeline and process to designate the units as smoke free or smoking optional (one year for owners of 50 units or less in the City, two years for owners of more than 50 units in the City). 11/06/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/6/2012. 121108 [Transportation Code - Selling or Distributing from a Vehicle Restrictions] Sponsor: Wiener Ordinance amending the San Francisco Transportation Code, Division I, Article 7 (Violations), Section 7.2.82 to prohibit any person to park a Mobile Food Facility vehicle in either a business district or a residential area and, from that vehicle, offer food or beverages for sale unless displaying a valid permit issued by the Department of Public Works, in a format and manner approved by the Municipal Transportation Agency. 11/06/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/6/2012. Resolutions 121044 [Piers 30-32/Seawall Lot 330 - Warriors Development Project] Sponsors: Mayor; Chu, Chiu, Farrell, Wiener and Mar Resolution finding that a project proposed by GSW Arena LLC, an affiliate of the Golden State Warriors, to rehabilitate Port property at Piers 30-32, develop on the piers a multi-purpose venue useable for public assembly uses and other events, such as conventions, Warriors home games, cultural events, family shows and performing arts, and for other purposes, including public open space, maritime use, visitor serving retail, and related parking facilities, and develop on Seawall Lot 330 residential, hotel, and/or retail uses and accessory parking, is fiscally feasible and responsible under Administrative Code Chapter 29; urging City and Port officials to make evaluating the proposed project among its highest priorities; and to take all appropriate steps to further environmental review of the proposed project. (Economic Impact) 10/23/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. 10/31/12; REFERRED TO DEPARTMENT. 11/06/12; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 783 Printed at 4:28 pm on 12/21/12 ### [Page 13](https://sfbos.info/documents/72/2012-11-06-minutes#page-13) Board of Supervisors Meeting Minutes 11/6/2012 121109 [Expenditures from South of Market Community Stabilization Fund - $760,000] Sponsor: Kim Resolution authorizing the 2012 South of Market (SoMa) Community Stabilization Fund Program and authorizing the Mayor’s Office of Housing to expend SoMa Community Stabilization Fund dollars in the amount of $760,000. 11/06/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. 121110 [Issuance of Tax Exempt Obligation - San Francisco Friends School - Not to Exceed $32,000,000] Sponsor: Wiener Resolution approving the issuance of a tax exempt obligation by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $32,000,000 to finance and refinance various capital facilities owned by San Francisco Friends School. 11/06/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. 121111 [Accept and Expend Grant - San Francisco Parks Alliance - Not to Exceed $280,000] Sponsor: Wiener Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant not to exceed $280,000 from the San Francisco Parks Alliance towards seven community projects funded with Community Opportunity Fund dollars for the period of May 1, 2012, through January 1, 2013. 11/06/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. Motions 121088 [Committee of the Whole - December 11, 2012 - Public Hearing to Acquire Temporary Construction Licenses for Various Real Properties by Eminent Domain for Central Subway/Third Street Light Rail Extension Project] Motion that the Board of Supervisors hold a public hearing on December 11, 2012, at 3:00 p.m., with the Board of Supervisors sitting as a Committee of the Whole, to consider acquisition of temporary construction licenses for various real properties by eminent domain for the public purpose of constructing the Central Subway/Third Street Light Rail Extension Project. (Clerk of the Board) 11/06/12; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 784 Printed at 4:28 pm on 12/21/12 ### [Page 14](https://sfbos.info/documents/72/2012-11-06-minutes#page-14) Board of Supervisors Meeting Minutes 11/6/2012 Requests for Hearing 121112 [Hearing - San Francisco Unified School District and City College of San Francisco - Potential Drastic Cuts] Sponsor: Farrell Hearing to address immediate cuts of nearly $6,000,000,000 from the state budget if Propositions 30 and/or 38 fail and whether measures are in place to address these cuts and if not, what can be done to ensure our children are getting the education they deserve in the City and County of San Francisco. The San Francisco Unified School District stands to lose nearly $24,000,000 if the propositions fail and the City College of San Francisco could lose $10,000,000 or more. 11/06/12; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 121113 [Performance Audit - Department of Public Health and Human Services Agency - Management Professional Services Contracts] Sponsor: Farrell Hearing on the Budget and Legislative Analyst Office's audit of Department of Public Health and Human Services Agency's management of professional contract services, including how each Department determines the need for professional services, and measures and reports service levels and changes; policies and procedures for contract performance and performance measurement; and department-wide contracting policies and compliance. 11/06/12; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Introduced by the President at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors Section 2.8, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board and introduced by the President. PROPOSED ORDINANCE 121061 [Planning Code - Landmark Designation of 401 Castro Street (Twin Peaks Tavern)] Sponsor: Wiener Ordinance designating 401 Castro Street (Twin Peaks Tavern), Assessor's Block No. 3582, Lot No. 71, as a landmark under Article 10 of the San Francisco Planning Code; and adopting General Plan, Planning Code Section 101.1, and environmental findings. (Planning Department) 10/23/12; RECEIVED FROM DEPARTMENT. 11/06/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/6/2012. City and County of San Francisco Page 785 Printed at 4:28 pm on 12/21/12 ### [Page 15](https://sfbos.info/documents/72/2012-11-06-minutes#page-15) Board of Supervisors Meeting Minutes 11/6/2012 PROPOSED RESOLUTION 121062 [Agreement Amendment - MedImpact Healthcare Systems, Inc. - Third Party Pharmacy Administration Services at Community Pharmacies - $17,575,376] Resolution approving the third amendment to the agreement between the Department of Public Health and MedImpact Healthcare Systems, Inc., for third party pharmacy administration services at community pharmacies to increase the total contract amount from $9,900,000 for the term of July 1, 2008, through June 30, 2014, by $8,804,318 for a total contract amount of $18,704,318 for six years. (Public Health Department) 10/29/12; RECEIVED FROM DEPARTMENT. 11/06/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. In Memoriam Esther Jachimowicz - Supervisor Carmen Chu ADJOURNMENT There being no further business, the Board adjourned at the hour of 3:18 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on December 11, 2012. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 786 Printed at 4:28 pm on 12/21/12