Board of Supervisors Minutes: January 15, 2013

121157 [Appointments, SoMa Community Stablization Fund Community Advisory Committee - Kristian Joy Ongoco, Allan Manalo, Joel Merchan, Conny Ford, Bernadette Borja Sy, and Thomas Temprano] Motion appointing Kristian Joy Ongoco and Allan Manalo, terms ending April 27, 2013, and Joel Merchan, Conny Ford, Bernadette Borja Sy, and Thomas Temprano, terms ending April 27, 2014, to the SoMa Community Stablization Fund Community Advisory Committee. (Clerk of the Board) Motion No. M13-002 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

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

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121042 [Urging the Development of a Workplace Employee Policy on Domestic Violence] Sponsors: Mar; Cohen, Chiu and Avalos Resolution urging the Department on the Status of Women to develop and share materials on domestic violence to be shared with City employees and City contractors and grantees. ADOPTED The foregoing item was acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

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

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

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

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Resolution No. 003-13 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

120997 [Appropriating $1,412,000 for San Francisco Unified School District - FY2012-2013] Sponsors: Kim; Campos, Mar and Avalos 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 Wiener moved to divide the question relating to separating out appropriation of State revenue funds of $843,000. The question PASSED as divided by the following vote:

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

Noes: Breed, Chu, Farrell, Wiener

Ordinance No. 001-13 FINALLY PASSED AS DIVIDED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

120704 [Disapproving Street Encroachment - 10 Niantic Avenue] Resolution upholding Department of Public Works’ recommendation for disapproval and disapproving the application for a revocable encroachment permit to Lee Yun Ling & Cindy Zhou, for the occupancy of a portion of the public right-of-way for a new single family dwelling encroaching 3-feet into the public right-of-way at 10 Niantic Avenue (Assessor's Block No. 7178, Lot No. 001), under Article 15, Section 786.7 of the Public Works Code. (Public Works Department) Resolution No. 001-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121163 [Accept and Expend Grant - TechSF-Workforce Innovation Partnership and Amendment to the Annual Salary Ordinance - $3,000,000] Sponsor: Mayor Ordinance authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $3,000,000 from the Department of Labor for the TechSF-Workforce Innovation Partnership, and amending Ordinance No. 165-12 (Annual Salary Ordinance, FYs 2012-2013 and 2013-2014) to reflect addition of one (1) Class 9775 Senior Community Development Specialist II grant-funded position (0.77 FTE) in the Office of Economic and Workforce Development and one (1) Class 1053 IS Business Analyst - Senior grant-funded position (0.77 FTE) in the Department of Technology. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121164 [Accept and Expend Grant - Office of Financial Empowerment Kindergarten to College Outreach Position and Amendment to the Annual Salary Ordinance - Up to $80,000] Sponsor: Mayor Ordinance authorizing the Office of the Treasurer-Tax Collector to accept and expend a grant in the amount of up to $80,000 from the Earned Assets Resource Network for implementing the Office of Financial Empowerment Kindergarten to College program, and amending Ordinance No. 165-12 (Annual Salary Ordinance, FYs 2012-2013 and 2013-2014) to provide for the creation of one (1) grant-funded position in the Office of Financial Empowerment. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121196 [Accept and Expend Grant - Energy Efficiency Program and Amendment to the Annual Salary Ordinance - $13,100,000] Sponsor: Mayor Ordinance authorizing the Department of the Environment to accept and expend a grant in the amount of $13,100,000 from the California Public Utilities Commission, through Pacific Gas and Electric Company, to implement an Energy Use and Demand Reduction through Energy Efficiency Program and amending Ordinance No. 165-12 (Annual Salary Ordinance, FYs 2012-2013 and 2013-2014) to reflect the addition of five grant funded positions (5 FTE) at the Department of the Environment, for a term from January 1, 2013, through December 31, 2014. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121169 [Contract Amendment - Aon Insurance Services West, Inc. - Central Subway Project - Not to Exceed $8,280,000] Sponsor: Chiu Resolution approving Amendment No. 2 to Contract No. CS-163-1, Insurance Brokerage Services for an Owner Controlled Insurance Program, to provide Excess Liability Insurance for the Central Subway Project with Aon Risk Insurance Services West, Inc., to obtain and bind a second tier of liability insurance for the amount not to exceed $8,280,000. (Fiscal Impact) Resolution No. 006-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121170 [Real Property Lease Amendment - Autodesk, Inc. - Pier 9] Sponsors: Chiu; Kim Resolution approving Port Commission’s Second Amendment to Lease No. L-15169 with Autodesk, Inc., a Delaware corporation for the lease of office space and unimproved shed space at Pier 9 in the Northern Waterfront with a 120 month term. Resolution No. 007-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

120772 [Health, Transportation Codes - Prohibiting Smoking at Certain Outdoor Events] Sponsors: Mar; Cohen Ordinance amending the Health Code, by adding Article 19L, to prohibit smoking at outdoor events on property owned by the City and County of San Francisco where approval is required under Transportation Code, Article 6; the Transportation Code, by amending Sections 6.2 and 6.7, establishing obligations for producers of outdoor events that require approval for temporary use or occupancy of a public street to notify the public that the event is smoke-free; and making environmental findings. Supervisor Mar, seconded by Supervisor Farrell, 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, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Supervisor Farrell requested to be added as a co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

120789 [Planning Code - Landmark Designation of 4004-4006 Third Street - Sam Jordan's Bar] Sponsor: Cohen Ordinance designating 4004-4006 Third Street (Sam Jordan's Bar), Assessor's Block No. 5253, Lot No. 030, as a landmark under Planning Code, Article 10; and adopting General Plan, Planning Code, Section 101.1, and environmental findings. (Planning Department) PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121061 [Planning Code - Landmark Designation of 401 Castro Street (Twin Peaks Tavern)] Sponsors: Wiener; Campos Ordinance designating 401 Castro Street (Twin Peaks Tavern), Assessor's Block No. 3582, Lot No. 71, as a landmark under Planning Code, Article 10; and adopting General Plan, Planning Code, Section 101.1, and environmental findings. (Planning Department) Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

ing Landlord's Prohibition of Smoking in Residential Rental Units; Designating Units as Smoke Free or Smoking Optional] Sponsors: Mar; Cohen Ordinance amending the 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 that are 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 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). PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

120817 [Campaign and Governmental Conduct Code - Requiring Electronic Filing of Campaign Statements] Sponsor: Chiu Ordinance amending the Campaign and Governmental Conduct Code, Section 1.112, to require the electronic filing of campaign statements submitted to the Ethics Commission. PASSED ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

120964 [Campaign and Governmental Conduct Code - Updating Conflict of Interest Code] Sponsor: Chiu Ordinance amending the Campaign and Governmental Conduct Code to update the City's Conflict of Interest Code. PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121030 [Police Code - Enforcement Provisions for Clipper Cove Special-Use Area Adjacent to Treasure Island] Sponsor: Kim Ordinance amending the Police Code, Section 1.1, Mooring in Clipper Cove, to further delineate enforcement provisions including infractions, provide for administrative citations and penalties, specify procedures for changing rules and regulations, and clarify existing provisions. PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121117 [Appointment, Market and Octavia Community Advisory Committee - Nicholas Wolff] Motion appointing Matthew Steen, term ending December 16, 2014, to the Market and Octavia Community Advisory Committee. (Clerk of the Board) (Supervisor Farrell dissented in Committee.) Supervisor Wiener, seconded by Supervisor Cohen, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Motion appointing Nicholas Wolff, term ending December 16, 2014, to the Market and Octavia Community Advisory Committee. (Clerk of the Board) Motion No. M13-004 APPROVED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121220 [Approving Decision of the Department of Public Works and Approving the Tentative Map - 1 Capitol Avenue] Motion approving decision of the Department of Public Works and approving the Tentative Map for a 29-lot subdivision located at 1 Capitol Avenue, Assessor's Block No. 7148, Lot No. 040; making environmental findings and findings of consistency with the City's General Plan and eight priority policies of San Francisco Planning Code, Section 101.1. (Clerk of the Board) Motion No. M13-003 Supervisor Avalos, seconded by Supervisor Chu, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121221 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Map - 1 Capitol Avenue] Motion disapproving decision of the Department of Public Works and disapproving the Tentative Map for a 29-lot subdivision located at 1 Capitol Avenue, Assessor's Block No. 7148, Lot No. 040; making environmental findings and findings of consistency with the City's General Plan and eight priority policies of San Francisco Planning Code, Section 101.1. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121222 [Preparation of Findings Related to the Tentative Map Disapproval - 1 Capitol Avenue] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a 29-lot subdivision located at 1 Capitol Avenue, Assessor's Block No. 7148, Lot No. 040. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

121224 [Final Map 7090 - 1800 Van Ness Avenue] Motion approving Final Map 7090, a 2 Lot Merger and Resubdivision into Parcel A and Parcel B, being also a 98 Residential Unit Condominium Project (Parcel A) and a 3 Commercial Unit Condominium Project (Parcel B), located at 1800 Van Ness Avenue being a subdivision of Assessor’s Block No. 0619, Lot Nos. 009 and 010, and adopting findings pursuant to the General Plan and Planning Code, Section 101.1. (Public Works Department) Motion No. M13-008 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

130035 [Patricia Kaussen Day - January 17, 2013] Sponsor: Mar Resolution commending Patricia Kaussen on the occasion of her retirement as Executive Director of the Richmond District Neighborhood Center and declaring January 17, 2013, as Patricia Kaussen Day in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to File No. 130035. There were no speakers. The President declared public comment closed. Resolution No. 012-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

[Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Cohen, seconded by Supervisor Farrell, moved ADOPTION of the commendatory finding. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

[Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Cohen, seconded by Supervisor Farrell, moved ADOPTION of the Brown Act finding. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

130036 [Commemorating the 150th Anniversary of the Emancipation Proclamation] Sponsor: Cohen Resolution commemorating the 150th anniversary of the issuance of the Emancipation Proclamation. The President inquired as to whether any member of the public wished to address the Board relating to File No. 130036. There were no speakers. The President declared public comment closed. Resolution No. 013-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None