# Board of Supervisors Minutes: February 12, 2013 - Meeting date: 2013-02-12 - Document type: minutes - Pages in official PDF: 18 - [Canonical HTML transcript](https://sfbos.info/documents/88/2013-02-12-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=228253&GUID=A1FD605B-FAC1-4551-8B1D-0D0F25590A14) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 130129: Formal Policy Discussions - February 12, 2013 - Pages: 3-4 ### File 130015: Appropriating $507,880,000 of Certificate of Participation Proceeds - Moscone Center Expansion Project - FY2012-2013 - Pages: 4 ### File 121200: Administrative Code - Contractor Prompt Payment for Public Works Construction and Professional Services Contracts - Pages: 4 ### File 121204: Deed Restriction - 17th and Folsom Streets Park Project - Pages: 4-6 - Vote 1: adoption, likely final - Action: 121204 [Deed Restriction - 17th and Folsom Streets Park Project] Sponsors: Campos; Kim Resolution authorizing the Director of Real Estate to record a deed restriction against Assessor’s Block No. 3571, Lot No. 032, for the 17th and Folsom Streets Park Project. Resolution No. 036-13 ADOPTED play video City and County of San Francisco Page 79 Printed at 3:40 pm on 3/21/13 Board of Supervisors Meeting Minutes 2/12/2013 The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 130016: Authorizing Certificates of Participation and Assessment Notes - Moscone Expansion Project - Not to Exceed $507,880,000 - Pages: 6 - Vote 1: final-passage, likely final - Action: of not to exceed $507,880,000 to finance the costs of additions and improvements to the George R. Moscone Convention Center; approving the form of Trust Agreement between the City and County of San Francisco and the Trustee (including certain indemnities contained therein); authorizing the selection of the Trustee by the Director of Public Finance; approving respective forms of a Property Lease and a Project Lease, each between the City and the Trustee for the lease and lease back of all or a portion of the Moscone Center, including the Moscone Expansion Project, to be constructed thereon; authorizing the execution and delivery of Assessment Notes payable from Moscone Expansion District assessments to further secure principal, premium, if any, and interest evidenced and represented by the Certificates; granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of the Certificates and the Assessment Notes; approving modifications to documents and agreements; and ratifying previous actions taken in connection therewith. (Economic Impact) Ordinance No. 026-13 FINALLY PASSED by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 121105: Administrative Code - Expanding Public Utilities Commission Local Business Enterprise Contracting Opportunities - Pages: 6-7 - Vote 1: first-reading - Action: 121105 [Administrative Code - Expanding Public Utilities Commission Local Business Enterprise Contracting Opportunities] Sponsors: Chiu; Mar Ordinance amending the Administrative Code, Sections 14B.2 and 14B.5, to increase contracting opportunities for certified Public Utilities Commission Local Business Enterprises and to make corresponding technical changes. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 121165: Public Employment - Amendment to the Annual Salary Ordinance for Department on the Status of Women and the District Attorney’s Office - FY2012-2013 - Pages: 7 - Vote 1: first-reading - Action: 121165 [Public Employment - Amendment to the Annual Salary Ordinance for Department on the Status of Women and the District Attorney’s Office - FY2012-2013] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance amending Ordinance No. 165-12 (Annual Salary Ordinance FY2012-2013) to reflect the addition of 1 position (0.33 FTE) in the Department on the Status of Women and 9 positions (2.97 FTEs) in the District Attorney’s Office. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 121166: Appropriating $631,893 for the San Francisco Department on the Status of Women and the District Attorney’s Office - Pages: 7 - Vote 1: first-reading - Action: 121166 [Appropriating $631,893 for the San Francisco Department on the Status of Women and the District Attorney’s Office] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance appropriating $278,973 to the San Francisco Department on the Status of Women and $352,920 to the District Attorney’s Office for FY2012-2013. Supervisor Cohen duplicated the file. See File No. 130142 PASSED, ON FIRST READING by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 130142: Appropriating $118,107 for the San Francisco Department on the Status of Women - Pages: 7-8 - Vote 1: amendment - Action: 130142 [Appropriating $118,107 for the San Francisco Department on the Status of Women] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance appropriating $278,973 to the San Francisco Department on the Status of Women and $352,920 to the District Attorney’s Office for FY2012-2013. Duplicated by Supervisor Cohen. See File No. 121166. Supervisor Cohen, seconded by Supervisor Chiu, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee - Vote 2: amendment - Action: Ordinance appropriating $118,107 to the San Francisco Department on the Status of Women for FY2012-2013. Supervisor Cohen, seconded by Supervisor Chiu, moved that this Resolution be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 121212: Agreement Amendment - Tides Center to Provide Supportive Housing Property Management Services - $40,508,317 - Pages: 8 - Vote 1: adoption, likely final - Action: 121212 [Agreement Amendment - Tides Center to Provide Supportive Housing Property Management Services - $40,508,317] Resolution approving a Second Amendment to the agreement between the Department of Public Health and the Tides Center to provide supportive housing property management services at Direct Access to Housing sites under the Delivering Innovation in Supportive Housing Program, to extend the term by five years and increase the contract by $23,136,504 for a total of $40,508,317 for the period of July 1, 2008, through June 30, 2018. (Public Health Department) (Fiscal Impact) Resolution No. 037-13 ADOPTED by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 130044: Accept and Expend Gift - GearUp Fund and Urban Trails Initiative Fund - $189,494.24 - Pages: 8 - Vote 1: adoption, likely final - Action: 130044 [Accept and Expend Gift - GearUp Fund and Urban Trails Initiative Fund - $189,494.24] Sponsor: Farrell Resolution authorizing the Recreation and Park Department to accept and expend a gift from San Francisco Parks Trust for $189,494.24 for urban trails construction, signage, and mobile recreation, for a period to remain in effect until completion. Resolution No. 038-13 ADOPTED by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 130057: Lease Termination Agreement - Ellis-O’Farrell Parking Corporation - 123 O'Farrell Street - January 31, 2013 - Pages: 8-9 - Vote 1: adoption, likely final - Action: 130057 [Lease Termination Agreement - Ellis-O’Farrell Parking Corporation - 123 O'Farrell Street - January 31, 2013] Resolution authorizing the retroactive termination of the lease agreement with the Ellis-O’Farrell Parking Corporation and authorizing the Director of Transportation to execute a Lease Termination Agreement for property located at 123 O'Farrell Street, terminating on January 31, 2013. (Municipal Transportation Agency) Resolution No. 039-13 ADOPTED by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 120900: Planning Code - Car Share Parking Spaces - Pages: 9 - Vote 1: first-reading - Action: 120900 [Planning Code - Car Share Parking Spaces] Sponsors: Wiener; Chiu, Cohen, Chu and Campos Ordinance amending the Planning Code, Section 166, to authorize owners of projects with residential units to elect to provide additional parking spaces for car-share use which will not count against any parking maximums; allow the car-share spaces to be used for other permitted uses other than parking a motorized vehicle if a car-share organization chooses not to use the space; 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. Supervisors Chu and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 121018: Housing Code - Telephone Jacks and Grab Bars - Pages: 9-10 - Vote 1: first-reading - Action: 121018 [Housing Code - Telephone Jacks and Grab Bars] Sponsors: Mar, Chiu, Campos, Kim, Avalos and Yee Ordinance amending the Housing Code, Section 206, to add Section 1002 to the list of retroactive provisions; Section 505, to require grab bars in hotel common-use water closets and bathing facilities; Section 1002, to include as a substandard housing condition the failure to provide a usable telephone jack and telephone wiring as required by the California Civil Code; establishing an operative date; and making environmental findings, legislative findings, and findings pursuant to California Health & Safety Code, Section 17958.5. Supervisor Yee 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 ### File 130082: Appointment, San Francisco LAFCo - Supervisor London Breed - Pages: 10-11 - Vote 1: approval, likely final - Action: 130082 [Appointment, San Francisco LAFCo - Supervisor London Breed] Motion appointing Supervisor London Breed, term ending February 4, 2015, to the San Francisco Local Agency Formation Commission. (Clerk of the Board) Motion No. M13-024 APPROVED by the following vote: play video - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee - Excused: Breed ### File 130125: Urging the Retirement Board to Divest from Firearm and Ammunition Manufacturers - Pages: 12-13 - Vote 1: adoption, likely final - Action: 130125 [Urging the Retirement Board to Divest from Firearm and Ammunition Manufacturers] Sponsors: Avalos; Mar, Campos, Yee, Breed and Chiu Resolution urging the Retirement Board of the Employees' Retirement System to divest from publicly traded firearm and ammunition manufacturers. Supervisor Chiu requested to be added as co-sponsor. Resolution No. 040-13 ADOPTED play video The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 130138: Russian Festival 25th Anniversary - Russian Festival Day - February 22, 2013 - Pages: 13 - Vote 1: adoption, likely final - Action: 130138 [Russian Festival 25th Anniversary - Russian Festival Day - February 22, 2013] Sponsor: Mar Resolution commending the 25th anniversary of the Russian Festival, sponsored by the Russian Center of San Francisco, and declaring February 22, 2013, Russian Festival 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. 130138. There were no speakers. The President declared public comment closed. Resolution No. 041-13 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee ### File 130146: Health Code - Commercial Dog Walking Regulations - Pages: 13-14 ### File 130147: Accept and Expend Grant - FY2009 Buffer Zone Protection Program - $282,506 - Pages: 14 ### File 130148: War Memorial Veterans Building - Transferable Development Rights - Pages: 14 ### File 130150: Accept and Expend Grant - Used Motor Oil Recycling - $229,123 - Pages: 14 ### File 130151: Opposing the Indefinite Detention Provisions of the National Defense Authorization Act - Pages: 14 ### File 130152: UCSF Philip R. Lee Institute for Health Policy Studies Day - February 27, 2013 - Pages: 14-15 ### File 130153: Hearing - America's Cup Organizing Committee's Fundraising and Finances - Pages: 15 ### File 130154: Hearing - Administrative Code Chapter 12N - Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Youth: Youth Services Sensitivity Training - Pages: 15 ### File 130155: Hearing - Municipal Transportation Agency's Parking Meter Expansion Program into Neighborhoods - Pages: 15 ### File 130156: Hearing - Mayor's Pedestrian Safety Strategy and Action Plan - Pages: 15-16 ### File 130157: Hearing - Status of the Better Market Street Project and the Recent Proposal to Include a Study of a Separated Bicycle Lane on Mission Street Instead of on Market Street - Pages: 16 ### File 130158: Hearing - Use of Revenues Generated by Octavia Boulevard Parcel Sales for Uses Other than Transportation Improvements - Pages: 16 ### File 130111: Settlement of Lawsuit - Derek Kerr, M.D. - $750,000 - Pages: 16 ### File 130112: Settlement of Lawsuit - Rissa Kossen, et al. - $27,500 - Pages: 16-17 ### File 130113: Settlement of Lawsuit - Ana Guevara - $75,000 - Pages: 17 ### File 130072: Airport Concession Lease - Clear Channel Outdoor, Inc., dba Clear Channel Airports - $10,000,000 Minimum Annual Guarantee - Pages: 17-18 ## Extracted text ### [Page 1](https://sfbos.info/documents/88/2013-02-12-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, February 12, 2013 - 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, LONDON BREED, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, SCOTT WIENER, NORMAN YEE Angela Calvillo, Clerk of the Board BOARD COMMITTEES Budget and Finance Committee Wednesday Supervisors Farrell, Mar, Avalos 1:00 PM City and School District Select Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners Mendoza, Norton, Wynns 3:30 PM City Operations and Neighborhood Services Committee 1st and 3rd Thursday Supervisors Campos, Mar, Yee 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Chu, Cohen, Campos 10:00 AM Land Use and Economic Development Committee Monday Supervisors Wiener, Kim, Chiu 1:30 PM Public Safety Committee 1st and 3rd Thursday Supervisors Campos, Mar, Yee 10:00 AM Rules Committee 1st and 3rd Thursday Supervisors Yee, Breed, Cohen 1:30 PM Volume 108 Number 5 ### [Page 2](https://sfbos.info/documents/88/2013-02-12-minutes#page-2) Board of Supervisors Meeting Minutes 2/12/2013 Members Present: John Avalos, London Breed, David Campos, David Chiu, Carmen Chu, Malia Cohen, Mark Farrell, Jane Kim, Eric Mar, Scott Wiener, and Norman Yee ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:10 p.m. On the call of the roll, all Supervisors were noted present. play video AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Kim, seconded by Supervisor Campos, moved to approve the Board Meeting Minutes of January 8, 2013. The motion carried by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee COMMUNICATIONS There were none. play video City and County of San Francisco Page 77 Printed at 3:40 pm on 3/21/13 ### [Page 3](https://sfbos.info/documents/88/2013-02-12-minutes#page-3) Board of Supervisors Meeting Minutes 2/12/2013 SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board play video 130129 [Formal Policy Discussions - February 12, 2013] Pursuant to Charter Sections 2.103 and 3.100(7), and Administrative Code Section 2.11, the Mayor shall answer the following eligible questions submitted from Supervisors representing Districts 1, 3, and 11. The Mayor may address the Board initially for up to five minutes. Discussion shall not exceed five minutes per Supervisor. 1. The Municipal Transportation Agency recently released its Draft Bicycle Strategy, which lays out an aggressive plan to upgrade San Francisco’s bicycle facilities. It supports biking for everyone, including seniors, families, and persons with disabilities. However, I am hearing growing concerns both in my district and city-wide about the mismatch between verbal commitments to better bicycling and budget realities. Currently, bicycle projects account for just 0.46% of all MTA capital. This is not enough to get us to the goals laid out in the Bicycle Strategy. How will you fund the Bicycle Strategy to make San Francisco a national leader in bicycling safety and use? (Supervisor Mar, District 1) 2. Mr. Mayor, the Board of Supervisors is considering legislation to allow existing owners of Tenancies in Common (TICs) to bypass the condominium conversion lottery and be converted after the payment of a fee. I recently asked supporters of the legislation and tenant advocates to engage in negotiations, which Supervisor Farrell and I are hosting. What is your position on this pending legislation? What protections would you support to prevent the loss of rent-controlled housing in our increasingly unaffordable city? How would you address the concern that if we allow the current generation of TIC owners to convert, we will replace them with a new generation of TIC owners and additional real estate investments that will lead us right back to an identical debate within a short time? (Supervisor Chiu, District 3) 3. Last Sunday, at his Inaugural Address, San Francisco’s Poet Laureate Alejandro Murguía encouraged the residents of San Francisco, including elected officials, to include more poetry in their lives. In that spirit, I shall submit my question in the form of a haiku. Your response does not necessarily need to follow the same format: Murguía’s address Citing arts deprivation Springing forth new funding? In simple prose - will we see a renewed financial commitment to the arts in your City budget? (Supervisor Avalos, District 11) Mayor Edwin Lee addressed the Board of Supervisors and discussed the above referenced questions. Following public comment this matter was filed. No further action was taken. HEARD AND FILED play video City and County of San Francisco Page 78 Printed at 3:40 pm on 3/21/13 ### [Page 4](https://sfbos.info/documents/88/2013-02-12-minutes#page-4) Board of Supervisors Meeting Minutes 2/12/2013 CONSENT AGENDA play video Recommendation of the Budget and Finance Committee 130015 [Appropriating $507,880,000 of Certificate of Participation Proceeds - Moscone Center Expansion Project - FY2012-2013] Sponsors: Mayor; Kim and Chu Ordinance appropriating $507,880,000 of Certificate of Participation (COPs) proceeds to fund the Moscone Center Expansion Project in the General Services Agency, Office of the City Administrator, for FY2012-2013 and placing these funds on Controller’s reserve pending issuance of the COPs or associated commercial paper used for cash flow purposes in FY2012-2013. (Economic Impact) Ordinance No. 025-13 FINALLY PASSED play video Recommendation of the Government Audit and Oversight Committee 121200 [Administrative Code - Contractor Prompt Payment for Public Works Construction and Professional Services Contracts] Sponsors: Chu; Chiu, Campos and Cohen Ordinance amending the Administrative Code, by adding Sections 6.22(Q) and 6.42(F), to require all public works contractors to pay subcontractors within seven days of receipt of payment from the City. Ordinance No. 027-13 FINALLY PASSED play video Recommendation of the Land Use and Economic Development Committee 121204 [Deed Restriction - 17th and Folsom Streets Park Project] Sponsors: Campos; Kim Resolution authorizing the Director of Real Estate to record a deed restriction against Assessor’s Block No. 3571, Lot No. 032, for the 17th and Folsom Streets Park Project. Resolution No. 036-13 ADOPTED play video City and County of San Francisco Page 79 Printed at 3:40 pm on 3/21/13 ### [Page 5](https://sfbos.info/documents/88/2013-02-12-minutes#page-5) Board of Supervisors Meeting Minutes 2/12/2013 The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 80 Printed at 3:40 pm on 3/21/13 ### [Page 6](https://sfbos.info/documents/88/2013-02-12-minutes#page-6) Board of Supervisors Meeting Minutes 2/12/2013 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee 130016 [Authorizing Certificates of Participation and Assessment Notes - Moscone Expansion Project - Not to Exceed $507,880,000] Sponsors: Mayor; Kim and Chu Ordinance authorizing the execution and delivery of Certificates of Participation evidencing and representing an aggregate principal amount of not to exceed $507,880,000 to finance the costs of additions and improvements to the George R. Moscone Convention Center; approving the form of Trust Agreement between the City and County of San Francisco and the Trustee (including certain indemnities contained therein); authorizing the selection of the Trustee by the Director of Public Finance; approving respective forms of a Property Lease and a Project Lease, each between the City and the Trustee for the lease and lease back of all or a portion of the Moscone Center, including the Moscone Expansion Project, to be constructed thereon; authorizing the execution and delivery of Assessment Notes payable from Moscone Expansion District assessments to further secure principal, premium, if any, and interest evidenced and represented by the Certificates; granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of the Certificates and the Assessment Notes; approving modifications to documents and agreements; and ratifying previous actions taken in connection therewith. (Economic Impact) Ordinance No. 026-13 FINALLY PASSED by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee NEW BUSINESS Recommendations of the Budget and Finance Committee 121105 [Administrative Code - Expanding Public Utilities Commission Local Business Enterprise Contracting Opportunities] Sponsors: Chiu; Mar Ordinance amending the Administrative Code, Sections 14B.2 and 14B.5, to increase contracting opportunities for certified Public Utilities Commission Local Business Enterprises and to make corresponding technical changes. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 81 Printed at 3:40 pm on 3/21/13 ### [Page 7](https://sfbos.info/documents/88/2013-02-12-minutes#page-7) Board of Supervisors Meeting Minutes 2/12/2013 121165 [Public Employment - Amendment to the Annual Salary Ordinance for Department on the Status of Women and the District Attorney’s Office - FY2012-2013] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance amending Ordinance No. 165-12 (Annual Salary Ordinance FY2012-2013) to reflect the addition of 1 position (0.33 FTE) in the Department on the Status of Women and 9 positions (2.97 FTEs) in the District Attorney’s Office. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 121166 [Appropriating $631,893 for the San Francisco Department on the Status of Women and the District Attorney’s Office] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance appropriating $278,973 to the San Francisco Department on the Status of Women and $352,920 to the District Attorney’s Office for FY2012-2013. Supervisor Cohen duplicated the file. See File No. 130142 PASSED, ON FIRST READING by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 130142 [Appropriating $118,107 for the San Francisco Department on the Status of Women] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance appropriating $278,973 to the San Francisco Department on the Status of Women and $352,920 to the District Attorney’s Office for FY2012-2013. Duplicated by Supervisor Cohen. See File No. 121166. Supervisor Cohen, seconded by Supervisor Chiu, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Ordinance appropriating $118,107 to the San Francisco Department on the Status of Women for FY2012-2013. Supervisor Cohen, seconded by Supervisor Chiu, moved that this Resolution be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 82 Printed at 3:40 pm on 3/21/13 ### [Page 8](https://sfbos.info/documents/88/2013-02-12-minutes#page-8) Board of Supervisors Meeting Minutes 2/12/2013 121212 [Agreement Amendment - Tides Center to Provide Supportive Housing Property Management Services - $40,508,317] Resolution approving a Second Amendment to the agreement between the Department of Public Health and the Tides Center to provide supportive housing property management services at Direct Access to Housing sites under the Delivering Innovation in Supportive Housing Program, to extend the term by five years and increase the contract by $23,136,504 for a total of $40,508,317 for the period of July 1, 2008, through June 30, 2018. (Public Health Department) (Fiscal Impact) Resolution No. 037-13 ADOPTED by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 130044 [Accept and Expend Gift - GearUp Fund and Urban Trails Initiative Fund - $189,494.24] Sponsor: Farrell Resolution authorizing the Recreation and Park Department to accept and expend a gift from San Francisco Parks Trust for $189,494.24 for urban trails construction, signage, and mobile recreation, for a period to remain in effect until completion. Resolution No. 038-13 ADOPTED by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 130057 [Lease Termination Agreement - Ellis-O’Farrell Parking Corporation - 123 O'Farrell Street - January 31, 2013] Resolution authorizing the retroactive termination of the lease agreement with the Ellis-O’Farrell Parking Corporation and authorizing the Director of Transportation to execute a Lease Termination Agreement for property located at 123 O'Farrell Street, terminating on January 31, 2013. (Municipal Transportation Agency) Resolution No. 039-13 ADOPTED by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Recommendations of the Land Use and Economic Development Committee City and County of San Francisco Page 83 Printed at 3:40 pm on 3/21/13 ### [Page 9](https://sfbos.info/documents/88/2013-02-12-minutes#page-9) Board of Supervisors Meeting Minutes 2/12/2013 120900 [Planning Code - Car Share Parking Spaces] Sponsors: Wiener; Chiu, Cohen, Chu and Campos Ordinance amending the Planning Code, Section 166, to authorize owners of projects with residential units to elect to provide additional parking spaces for car-share use which will not count against any parking maximums; allow the car-share spaces to be used for other permitted uses other than parking a motorized vehicle if a car-share organization chooses not to use the space; 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. Supervisors Chu and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 121018 [Housing Code - Telephone Jacks and Grab Bars] Sponsors: Mar, Chiu, Campos, Kim, Avalos and Yee Ordinance amending the Housing Code, Section 206, to add Section 1002 to the list of retroactive provisions; Section 505, to require grab bars in hotel common-use water closets and bathing facilities; Section 1002, to include as a substandard housing condition the failure to provide a usable telephone jack and telephone wiring as required by the California Civil Code; establishing an operative date; and making environmental findings, legislative findings, and findings pursuant to California Health & Safety Code, Section 17958.5. Supervisor Yee requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 84 Printed at 3:40 pm on 3/21/13 ### [Page 10](https://sfbos.info/documents/88/2013-02-12-minutes#page-10) Board of Supervisors Meeting Minutes 2/12/2013 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations play video Privilege of the Floor Supervisor Wiener, seconded by Supervisor Mar, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Supervisor Wiener introduced, welcomed, and presented a Certificate of Honor to Kim Boyd, Brian Jung, Michael Sese, Gary Sponholtz, Michael Ellard, Daniel Priven, Daniel Weinstein, Neila Waters, Ginnie Padgett, Darwin Choy, Terry Hill, John Franklin, Jason Lebrun, Greg Doolittle, Loren Mcglade, and Carl Smith, of the San Francisco Lesbian/Gay Freedom Band and Color Guard, in recognition of their accomplishments and continued community support. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Alex Sinkevitch and Wilma Geevargis, of the Russian Festival, in recognition of their accomplishments and continued community support on the occasion of their 25th anniversary. COMMITTEE REPORT Recommendation of the Rules Committee Supervisor Breed Excused from Voting Supervisor Campos, seconded by Supervisor Yee, moved that Supervisor Breed be excused from voting on File No. 130082. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - Breed 130082 [Appointment, San Francisco LAFCo - Supervisor London Breed] Motion appointing Supervisor London Breed, term ending February 4, 2015, to the San Francisco Local Agency Formation Commission. (Clerk of the Board) Motion No. M13-024 APPROVED by the following vote: play video Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - Breed City and County of San Francisco Page 85 Printed at 3:40 pm on 3/21/13 ### [Page 11](https://sfbos.info/documents/88/2013-02-12-minutes#page-11) Board of Supervisors Meeting Minutes 2/12/2013 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. play video PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Male Speaker; expressed concerns relating to renaming of airport. Peter Warfield; expressed concerns relating to the SF Public Library. Eugene Gordon, Jr.; expressed concerns relating to First Amendment Rights and open government. Tom Gilberty; expressed various concerns relating to noise pollution. Male Speaker; expressed concerns relating to rent control and housing. Douglas Yepp; expressed various concerns. Kati; spoke in support of Black History Month. Karen Morasiou; spoke in support of the proposed legislation opposing the national defense authorization act. Female Speaker; spoke in support of the proposed legislation opposing the national defense authorization act. Bill Saito; spoke in support of the proposed legislation opposing the national defense authorization act. Barbara Raymond; spoke in support of the proposed legislation opposing the national defense authorization act. Male Speaker; spoke in support of the proposed legislation opposing the national defense authorization act. Kevin Carr; spoke in support of the proposed legislation opposing the national defense authorization act. Katie Seraff; spoke in support of the proposed legislation opposing the national defense authorization act. Art Brisgood; spoke in support of the proposed legislation opposing the national defense authorization act. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed various concerns relating to western culture. Male Speaker; expressed various concerns. Beverly Anthen; spoke in support for federal funding of domestic violence. Paulette Brown; expressed concerns relating to human services and solving child homicides and violence in the community. play video FOR ADOPTION WITHOUT COMMITTEE REFERENCE play video City and County of San Francisco Page 86 Printed at 3:40 pm on 3/21/13 ### [Page 12](https://sfbos.info/documents/88/2013-02-12-minutes#page-12) Board of Supervisors Meeting Minutes 2/12/2013 130125 [Urging the Retirement Board to Divest from Firearm and Ammunition Manufacturers] Sponsors: Avalos; Mar, Campos, Yee, Breed and Chiu Resolution urging the Retirement Board of the Employees' Retirement System to divest from publicly traded firearm and ammunition manufacturers. Supervisor Chiu requested to be added as co-sponsor. Resolution No. 040-13 ADOPTED play video The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 87 Printed at 3:40 pm on 3/21/13 ### [Page 13](https://sfbos.info/documents/88/2013-02-12-minutes#page-13) Board of Supervisors Meeting Minutes 2/12/2013 IMPERATIVE AGENDA play video [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Mar, seconded by Supervisor Campos, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee [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 Mar, seconded by Supervisor Campos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 130138 [Russian Festival 25th Anniversary - Russian Festival Day - February 22, 2013] Sponsor: Mar Resolution commending the 25th anniversary of the Russian Festival, sponsored by the Russian Center of San Francisco, and declaring February 22, 2013, Russian Festival 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. 130138. There were no speakers. The President declared public comment closed. Resolution No. 041-13 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinance 130146 [Health Code - Commercial Dog Walking Regulations] Sponsor: Wiener Ordinance amending the Health Code to correct numbering and clarify provisions of the Commercial Dog Walking Ordinance. 02/12/13; ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 88 Printed at 3:40 pm on 3/21/13 ### [Page 14](https://sfbos.info/documents/88/2013-02-12-minutes#page-14) Board of Supervisors Meeting Minutes 2/12/2013 Resolutions 130147 [Accept and Expend Grant - FY2009 Buffer Zone Protection Program - $282,506] Sponsor: Mayor Resolution amending Resolution No. 529-11 to retroactively increase FY2009 Buffer Zone Protection Program grant funds from $199,820 to $282,506 for the period of April 1, 2009, through March 31, 2013. 02/12/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130148 [War Memorial Veterans Building - Transferable Development Rights] Sponsors: Mayor; Kim and Chiu Resolution authorizing the Director of Property to execute and cause to be recorded a Certificate of Transfer and Transfer of Development Rights (TDR) Agreement, and to take such other actions as may be necessary to effectuate a TDR transfer from the War Memorial Veterans Building pursuant to Planning Code, Section 128. (Fiscal Impact) 02/12/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 130150 [Accept and Expend Grant - Used Motor Oil Recycling - $229,123] Sponsor: Mar Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $229,123 from the California Department of Resources Recycling and Recovery for the purpose of increasing used motor oil recycling and household hazardous waste management for the period of April 30, 2013, through June 30, 2014. 02/12/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130151 [Opposing the Indefinite Detention Provisions of the National Defense Authorization Act] Sponsors: Chiu; Avalos, Breed, Campos, Kim and Mar Resolution opposing the indefinite detention provisions of the National Defense Authorization Act, instructing public agencies to decline requests by Federal agencies acting under detention powers, urging law enforcement officials to allow detainees to due process, and requesting members of Congress to repeal the detention provisions of the Act. 02/12/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130152 [UCSF Philip R. Lee Institute for Health Policy Studies Day - February 27, 2013] Sponsor: Mar Resolution commending the Philip R. Lee Institute for Health Policy Studies at the University of California, San Francisco (UCSF), and declaring February 27, 2013, as UCSF Philip R. Lee Institute for Health Policy Studies Day in the City and County of San Francisco. 02/12/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 89 Printed at 3:40 pm on 3/21/13 ### [Page 15](https://sfbos.info/documents/88/2013-02-12-minutes#page-15) Board of Supervisors Meeting Minutes 2/12/2013 Requests for Hearing 130153 [Hearing - America's Cup Organizing Committee's Fundraising and Finances] Sponsor: Avalos Hearing to review the status of the America's Cup Organizing Committee's (ACOC) efforts to raise $32 million from private sources to reimburse the City for a portion of the City’s costs related to the America’s Cup, including an update from the Controller on the ACOC's financial position, what the City’s potential liabilities are if the ACOC fails to raise this sum, and what the City’s options are for recovering any outstanding fundraising obligations, and will also consider the original determination of financial feasibility for the America's Cup, and whether the City is still responsible for staging the event when the event organizers have not fulfilled their financial obligations. 02/12/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130154 [Hearing - Administrative Code Chapter 12N - Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Youth: Youth Services Sensitivity Training] Sponsors: Avalos; Campos and Wiener Hearing regarding various City departments, including but not limited to, the Department of Children, Youth and Their Families, Department of Public Health, Human Services Agency, Recreation and Parks Department, Office of Economic and Workforce Development, Juvenile Probation Department, Department on the Status of Women, Library, and Human Rights Commission efforts to implement the Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQQ) youth sensitivity training requirements laid out in Administrative Code, Chapter 12N; and addressing learning objectives for City employees and contractors who are required to undergo the training, it will also provide an opportunity to work with City departments to address administrative barriers to the inclusion and tracking of LGBTQQ youth in City services, including the content of intake forms, appropriate bathroom facilities, and the ability to make appropriate further referrals based on the myriad issues faced by LGBTQQ youth. 02/12/13; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 130155 [Hearing - Municipal Transportation Agency's Parking Meter Expansion Program into Neighborhoods] Sponsor: Farrell Hearing on the Municipal Transportation Agency's Parking Meter Expansion Program into the City's neighborhoods and residential areas; and requesting information on the statistics driving this expansion, revenues anticipated, policy rationale, and an update on future plans and projects that include parking meter expansions into our neighborhoods. 02/12/13; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 130156 [Hearing - Mayor's Pedestrian Safety Strategy and Action Plan] Sponsors: Kim; Yee and Wiener Hearing to review the goals, funding, and implementation of the Mayor's Pedestrian Safety Strategy and Action Plan, with presentations from the Mayor's Pedestrian Safety Task Force (co-chaired by the Municipal Transportation Agency and the Department of Public Health), and additional input requested from the County Transportation Authority and the Police Department. 02/12/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 90 Printed at 3:40 pm on 3/21/13 ### [Page 16](https://sfbos.info/documents/88/2013-02-12-minutes#page-16) Board of Supervisors Meeting Minutes 2/12/2013 130157 [Hearing - Status of the Better Market Street Project and the Recent Proposal to Include a Study of a Separated Bicycle Lane on Mission Street Instead of on Market Street] Sponsors: Wiener; Chiu Hearing requesting the Municipal Transportation Agency, Department of Public Works, Planning Department, and the County Transportation Authority to provide an update on the Better Market Street Project, including schedule and progress on improving interagency coordination, and the proposal to construct a separated bicycle lane on Mission Street; given that bicycling is an important element of the City’s commitment to a revitalized Market Street and a critical component of the City’s transportation network, the Departments are requested to discuss how diverting bicycles to Mission Street is in the best interest of the City and the Better Market Street Project. 02/12/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 130158 [Hearing - Use of Revenues Generated by Octavia Boulevard Parcel Sales for Uses Other than Transportation Improvements] Sponsors: Wiener; Breed Hearing requesting the Office of Economic and Workforce Development, Mayor’s Office of Housing, Municipal Transportation Agency, Planning Department, and the County Transportation Authority to report on the status of the Octavia Boulevard land parcel sales and unused revenue associated with those sales; specifically, Departments are asked to report on the rationale for using this revenue for uses other than satisfying the transportation-related needs on and around Octavia, as well as possible resolutions for meeting both the area’s significant transit needs as well as affordable housing needs. 02/12/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Introduced by the President at the Request of a Department PROPOSED ORDINANCES 130111 [Settlement of Lawsuit - Derek Kerr, M.D. - $750,000] Ordinance authorizing settlement of the lawsuit filed by Derek Kerr, M.D., against the City and County of San Francisco for $750,000; the lawsuit was filed on November 16, 2010, in United States District Court of California, Case No. C-10-5733 CW; entitled Derek Kerr, M.D. v. City and County of San Francisco, et al. (City Attorney) 02/01/13; RECEIVED FROM DEPARTMENT. 02/12/13; RECEIVED AND ASSIGNED to Rules Committee. 130112 [Settlement of Lawsuit - Rissa Kossen, et al. - $27,500] Ordinance authorizing settlement of the lawsuit filed by Rissa Kossen and Cameron Kossen against the City and County of San Francisco for $27,500; the lawsuit was filed on December 1, 2011, in San Francisco County Superior Court, Case No. CGC-11-517538; entitled Rissa Kossen and Cameron Kossen, et al. v. City and County of San Francisco, et al.; other material terms of said settlement is full payment of San Francisco General Hospital's lien. (City Attorney) 02/01/13; RECEIVED FROM DEPARTMENT. 02/12/13; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 91 Printed at 3:40 pm on 3/21/13 ### [Page 17](https://sfbos.info/documents/88/2013-02-12-minutes#page-17) Board of Supervisors Meeting Minutes 2/12/2013 130113 [Settlement of Lawsuit - Ana Guevara - $75,000] Ordinance authorizing settlement of the lawsuit filed by Ana Guevara against the City and County of San Francisco for $75,000; the lawsuit was filed on October 13, 2011, in San Francisco Superior Court, Case No. CGC-11-515089; entitled Ana Guevara v. City and County of San Francisco, et al. (City Attorney) 02/01/13; RECEIVED FROM DEPARTMENT. 02/12/13; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTION 130072 [Airport Concession Lease - Clear Channel Outdoor, Inc., dba Clear Channel Airports - $10,000,000 Minimum Annual Guarantee] Resolution approving the Airport Advertising Lease between Clear Channel Outdoor, Inc., dba Clear Channel Airports, acting by and through its Airport Commission, for an eight year term with a minimum annual guarantee of $10,000,000. (Airport Commission) (Fiscal Impact) 02/01/13; RECEIVED FROM DEPARTMENT. 02/12/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. In Memoriams Antonio “Sonny” Palabrica - Supervisor Chu Diana Sullivan - Supervisor Kim Charlie Morgan - Supervisor Wiener Keiko Fukuda - Supervisor Wiener City and County of San Francisco Page 92 Printed at 3:40 pm on 3/21/13 ### [Page 18](https://sfbos.info/documents/88/2013-02-12-minutes#page-18) Board of Supervisors Meeting Minutes 2/12/2013 ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:47 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 March 19, 2013. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 93 Printed at 3:40 pm on 3/21/13