Board of Supervisors Minutes: December 4, 2012

121103 [Appointments, Shelter Monitoring Committee - Julia D'Antonia, Jennie Parrilla, Nicholas Kimura, Andrew Mendes, and Isaac Langford] Motion appointing Julia D'Antonia, Jennie Parrilla, Nicholas Kimura, Andrew Mendes, and Isaac Langford, terms ending November 23, 2014, to the Shelter Monitoring Committee. (Clerk of the Board) Motion No. M12-138 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Olague, Wiener

Absent: Kim

120997 [Appropriating $2,705,000 for San Francisco Unified School District - FY2012-2013] Sponsors: Kim; Campos, Mar, Avalos and Olague Ordinance appropriating $2,705,000 of State Reserves for the San Francisco Unified School District for FY2012-2013. (Fiscal Impact) (Supervisor Chu dissented in Committee.) Privilege of the floor was granted to Ben Rosenfield, Controller, Kate Howard, Mayor's Budget and Policy Office Director, and Jason Elliott, Legislative Affairs Director, who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Mar, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

City and County of San Francisco Page 4 Printed at 3:48 pm on 12/5/12 Board of Supervisors Meeting Minutes - Draft 12/4/2012 Ordinance appropriating $843,000 of State Reserves and $1,412,000 from School District Set-Aside funds for the San Francisco Unified School District for FY2012-2013. (Fiscal Impact) Supervisor Chu moved to divide the question relating to appropriating funds totaling $2,255,000 rather than $2,705,000 for the district. The question PASSED as divided by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Supervisor Chu moved to divide the question relating to appropriating State revenue funds of $843,000 rather than $1,293,000 for the district. The question PASSED as divided by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Supervisor Wiener moved to duplicate the file to separate the State revenue from the School District set-aside funds. Supervisor Wiener withdrew this motion. Supervisor Wiener moved to divide the question relating to separating our appropriation of State revenue funds of $843,000. The question PASSED as divided by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague

Noes: Chu, Elsbernd, Farrell, Wiener

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

120984 [Police Code - Prohibiting Public Nudity] Sponsor: Wiener Ordinance amending the San Francisco Police Code by adding Section 154 to prohibit nudity on public streets, sidewalks, street medians, parklets, plazas, and public rights-of-way, and on public transit vehicles, stations, platforms, and stops, except as part of permitted parades, fairs, and festivals. FINALLY PASSED by the following vote:

Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener

Noes: Avalos, Campos, Mar, Olague

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

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

FINALLY PASSED by the following vote:

Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener

Noes: Avalos, Campos, Kim, Mar, Olague

120191 [Building Code - Definition of Efficiency Unit] Sponsor: Wiener Ordinance amending the San Francisco Building Code Section 1208.4 to reduce the square footage requirement for Efficiency Dwelling Units in new structures or buildings pursuant to Section 17958.1 of the California Health and Safety Code; and making environmental findings. FINALLY PASSED by the following vote:

Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: Avalos, Olague

120352 [Administrative Code - Housing Preservation and Production] Sponsors: Olague; Kim, Campos and Mar Ordinance amending the San Francisco Administrative Code by amending the title of Chapter 10E and adding Section 10E.4 to monitor San Francisco's housing preservation and production policies and goals, and making environmental finding. (Supervisor Wiener dissented in Committee.) FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

120523 [Planning Code - Transit Impact Development Fee Increase and Updates] Sponsors: Mayor; Wiener and Olague Ordinance amending the San Francisco Planning Code, Article 4, by revising and making technical corrections to specified definitions in Section 401 relating to the Transit Impact Development Fee (TIDF), amending Sections 402, 408, 411 through 411.5, 411.7, 411.8, and adding a new Section 411.9 to increase TIDF rates, revise exemptions and credits, and clarify TIDF implementation and collection, and making environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code, Section 101.1. Prilege of the floor was granted to Joel Ramos (MTA) who responded to questions raised throughout the discussion. Supervisor Wiener, seconded by Supervisor Chu, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

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

Ayes: Avalos, Campos, Chiu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague

Noes: Chu, Wiener

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

120996 [Planning Code - Efficiency Dwelling Units - Numerical Cap and Open/Common Space Requirements] Sponsor: Wiener Ordinance amending the San Francisco Planning Code by adding new 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 Subsection 135(d) and adding new Section 140.1 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. FINALLY PASSED by the following vote:

Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: Avalos, Olague

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

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

120221 [Administrative Code - Extension of Public Utilities Revenue Bond Oversight Committee] Sponsor: Farrell Ordinance amending the San Francisco Administrative Code, Section 5A.36 to extend the sunset date of the Public Utilities Revenue Bond Oversight Committee to January 1, 2016. FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

121034 [Real Property Lease - 1380 Howard Street - Community Behavioral Health Services - Department of Public Health - $118,259.38-$131,584.38 Monthly] Resolution authorizing the extension of a lease of 79,950 sq. ft. of office space at 1380 Howard Street for use by the Department of Public Health's Community Behavioral Health Services Division for a term of an additional five years from January 1, 2013, through December 31, 2017, at a monthly rate of $118,259.38 for the first six months of the extended term and then $131,584.38 per month for the remainder of the extended term. (Real Estate Department) (Fiscal Impact) ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121035 [Real Property Lease - 760 Harrison Street - Cort Family Living Trust - Department of Public Health - $25,350 Monthly] Resolution retroactively authorizing the extension of a lease of real property at 760 Harrison Street for the Department of Public Health with the Cort Family Living Trust for a term of an additional five years from July 1, 2012, to June 30, 2017, at a monthly rate of $25,350. (Real Estate Department) ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121037 [Airport Lease Agreements - Cellular Service Equipment Sites - $350,000 Plus Annual Increases] Resolution approving the Cellular Service Equipment Sites Leases between New Cingular Wireless PCS, LLC., Nextel of California, Inc., and Sprint Spectrum Realty Company, L.P., GTE Mobilnet of California Limited Partnership, dba Verizon Wireless, and T-Mobile West Corporation and the City and County of San Francisco, acting by and through its Airport Commission retroactive to July 1, 2009, with a term of five years, and approving Amendment No. 1 to the Cellular Service Equipment Leases with New Cingular Wireless PCS, LLC., Nextel of California, Inc., and Sprint Spectrum Realty Company, L.P., and GTE Mobilnet of California Limited Partnership, dba Verizon Wireless, with a base annual rent of $350,000 to be increased annually by $25,000. (Airport Commission) ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121045 [Term Sheet - Orton Development, Inc. - Rehabilitation of the 20th Street Historic Buildings and Finding of Fiscal Feasibility] Sponsors: Mayor; Cohen Resolution finding the proposed rehabilitation of the 20th Street Historic Buildings on or near 20th Street, east of Illinois Street, fiscally feasible pursuant to Administrative Code, Chapter 29, and endorsing the Term Sheet between Orton Development, Inc., and the San Francisco Port Commission. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

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 $7,675,376 for a total contract amount of $17,575,376 for six years. (Public Health Department) ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121070 [Contract Amendment - New Flyer of America, Inc. - Purchase Low Floor Diesel-Hybrid Buses - Not to Exceed $48,669,369] Sponsor: Wiener Resolution approving Amendment No. 1 to Contract No. SFMTA-2013-08 with New Flyer of America, Inc., to purchase 17 additional 40-foot low floor diesel-hybrid buses through the Cooperative Purchasing Venture established by the State of Minnesota's Materials Management Division, for an additional amount of $11,780,005 and a total contract amount of $48,669,369. (Fiscal Impact) ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

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. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

120962 [Liquor License - 748 Innes Avenue] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Mikhail Brodsky for Pectopah, LLC, located at 748 Innes Avenue (District 10), will serve the public convenience and 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. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121002 [Liquor License Transfer - 550 Montgomery Street] Resolution determining that the transfer of a Type 57 special on-sale general license from 2100 Market Street to 550 Montgomery Street (District 3), to Amiel Arad for Wingtip, 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. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121010 [Liquor License Transfer - 450 Post Street] Resolution determining that the transfer of a Type 64 special on-sale general theater license from 533 Sutter Street to 450 Post Street (District 3), to Susi Damilano for the SF Playhouse, 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. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

120844 [Board Response - Civil Grand Jury Report - Investment Policies and Practices of the San Francisco Employees' Retirement System] 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 "Investment Policies and Practices of the San Francisco Employees' Retirement System" 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) ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

120987 [Lease - Woodhouse Marina Green, LLC - Marina Degaussing Station Restaurant] Sponsor: Farrell Resolution authorizing the Recreation and Park Department General Manager to enter into a lease with Woodhouse Marina Green, LLC, for the operation of a restaurant at the Marina Degaussing Station at the Marina Green with a term of ten years. (Fiscal Impact) RE-REFERRED to the Government Audit and Oversight Committee

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

120982 [Jack Early Commemorative Plaque - Stockton Street Adjacent to Washington Square] Sponsor: Chiu Ordinance commemorating the Stockton Street sidewalk adjacent to Washington Square Park under Public Works Code Sections 789 et seq., the Commemorative Street Plaque Ordinance, accepting a plaque in honor of Jack Early as a gift to the City, waiving permit and inspection fees for plaque installation, and directing official acts in furtherance of this Ordinance. PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121031 [Metropolitan Transportation Commission - Strengthen Provisions of Personal Information of the Clipper Card Program] Sponsors: Avalos; Chiu, Olague and Mar Resolution urging the Metropolitan Transportation Commission to strengthen the privacy provisions of personal information of the Clipper Card Program. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121057 [Board of Supervisors’ Rules of Order Amendment] Sponsor: Elsbernd Motion amending the Board of Supervisors' Rules of Order, in their entirety, to correct clerical corrections, proper placement of sections, and additional updates. Motion No. M12-139 APPROVED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121087 [Appointment, Board of Appeals - Darryl Honda] Sponsor: Mayor Motion approving the Mayor's appointment of Darryl Honda to the Board of Appeals for the term ending July 1, 2016. Motion No. M12-140 APPROVED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Absent: Cohen

121153 [Declaration of Election Results of the November 6, 2012, Consolidated General Election] Sponsor: Chiu Resolution declaring the results of the November 6, 2012, Consolidated General Election. ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener