Board of Supervisors Minutes: February 26, 2013

130081 [Appointments, Golden Gate Bridge, Highway and Transportation District - Richard Grosboll, Michael Theriault, Dave Snyder, and Janet Reilly] Motion appointing Richard Grosboll, Michael Theriault, Dave Snyder, and Janet Reilly, terms ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M13-027 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

121124 [Administrative Code - Compensation For City Employees With Same-Sex Spouses Or Same-Sex Domestic Partners to Offset Federal Income Tax on Health Insurance Premiums] Sponsors: Farrell; Campos, Chu, Wiener, Avalos and Mar Ordinance amending the Administrative Code, by adding Sections 16.704 and 16.29-7.6, to mandate payments to City employees to offset federal income taxation on health insurance premiums for their same-sex spouses or same-sex domestic partners and to exclude such payments from the computation of compensation under the San Francisco Employees' Retirement System. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Chu, moved that this Ordinance be AMENDED on Page 3, by deleting Lines 13 through 17; Line 18, by changing '3' to '4'; by deleting text on Lines 20 through 23, following 'severable'; Line 24, by changing '4' to '5'; and on Page 4, Line 1, by changing '5' to '6'. The motion carried by the following vote:

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

Noes: None

Supervisors Breed and Chiu requested to be added as co-sponsors. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

130017 [Appropriating $6,589,395 for the Department of Juvenile Probation, the Department of Public Health, the Human Services Agency, and the Art Commission - FY2012-2013] Sponsor: Mayor Ordinance appropriating $6,589,395 of State Revenue Loss Reserve to fund the de-appropriation of State revenue of $534,406 at the Department of Public Health and appropriating uses of $50,000 to the Department of Juvenile Probation, $2,424,528 to the Department of Public Health, $3,180,461 to the Human Services Agency, and $400,000 to the Art Commission in FY2012-2013. PASSED, ON FIRST READING by the following vote: play video

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

Noes: None

121184 [Lease Agreement - Japan Center Garage Corporation - Japan Center Public Parking Garage - $1] Resolution approving a lease agreement between the Municipal Transportation Agency and the City of San Francisco Japan Center Garage Corporation for the Japan Center Public Parking Garage with an initial term of 10 years for a base rent of $1 and two 5-year options for a base rent of $1 for each option. (Municipal Transportation Agency) Privilege of the floor was granted to Ed Reiskin, Municipal Transportation Agency Director, who responded to questions raised throughout the discussion. Resolution No. 046-13 ADOPTED by the following vote: play video

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

Noes: Avalos, Chu

121185 [Lease Agreement - Uptown Parking Corporation - Sutter Stockton Public Parking Garage - $1] Resolution approving a lease agreement between the Municipal Transportation Agency and the City of San Francisco Uptown Parking Corporation for the Sutter Stockton Public Parking Garage with an initial term of 10 years for a base rent of $1 and two 5-year options for a base rent of $1 for each option. (Municipal Transportation Agency) Privilege of the floor was granted to Ed Reiskin, Municipal Transportation Agency Director, who responded to questions raised throughout the discussion. Resolution No. 047-13 ADOPTED by the following vote: play video

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

Noes: Avalos, Chu

121191 [Airport Concession Lease - Avila Retail Development and Management, LLC - $162,000 Minimum Annual Guarantee] Resolution retroactively approving the Boarding Area “F” Specialty Store Lease between Avila Retail Development and Management, LLC, and the City and County of San Francisco, acting by and through its Airport Commission with a minimum annual guarantee of $162,000 for a term from January 1, 2013, through December 31, 2019. (Airport Commission) Resolution No. 048-13 ADOPTED by the following vote: play video

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

Noes: None

121225 [Contract Amendment - Xtech - $90,580,000] Resolution authorizing the Office of Contract Administration to enter into the Seventh Amendment between the City and Xtech (part of the Technology Store procurement vehicle) in which the amendment shall increase the contract amount from $60,490,000 to $90,580,000 for the period of January 1, 2009, through December 31, 2013. (Office of Contract Administration) (Fiscal Impact) Privilege of the floor was granted to Bill Jones (Office of Contract Administration) who responded to questions raised throughout the discussion. Resolution No. 049-13 ADOPTED by the following vote: play video

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

Noes: None

130056 [California Environmental Quality Act Findings - Calaveras Dam Replacement Project] Resolution adopting findings under the California Environmental Quality Act related to modifications to the San Francisco Public Utilities Commission Water System Improvement Program Calaveras Dam Replacement Project, located in Alameda and Santa Clara Counties, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 051-13 ADOPTED by the following vote: play video

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

Noes: None

130091 [Accept and Expend Grant - Anti-Human Trafficking Task Force Program - $200,000] Sponsor: Chu Resolution authorizing the Police Department to retroactively accept and expend a grant in the amount of $200,000 from the California Emergency Management Agency for the Anti-Human Trafficking Task Force Program for the period of October 1, 2012, through September 30, 2013. Resolution No. 054-13 ADOPTED by the following vote: play video

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

Noes: None

130121 [Lease - Los Altos Hotel Associates, LLC - Hotel Parking and Recreation Purposes - $52,324 Annually Plus Adjustments] Sponsor: Mayor Resolution authorizing the General Manager of the Public Utilities Commission to execute a 20 year lease, for $52,324 annually with an annual increase of four percent, with Los Altos Hotel Associates, LLC, for approximately 47,916 square feet of land known as Bay Division Pipelines 3 and 4, Parcel No. 232A, located in the City of Los Altos, Santa Clara County, California, for hotel parking and recreation purposes. Resolution No. 044-13 ADOPTED by the following vote: play video

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

Noes: None

120747 [Liquor License - 313 Ivy Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Angel Davis and Nguey Lay for 7682, LLC, dba Fig and Thistle, located at 313 Ivy Street (District 5), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with Business and Professions Code, Section 23958.4, with conditions. Resolution No. 045-13 ADOPTED by the following vote: play video

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

Noes: None

120998 [Liquor License - 310-320 Geary Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Lynne Carmichael for Eno St. Francis, LLC, dba Eno, located at 310-320 Geary Street (District 3), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with Business and Professions Code, Section 23958.4, with conditions. Resolution No. 043-13 ADOPTED by the following vote: play video

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

Noes: None

121168 [Street Encroachment - 54 Peralta Avenue] Sponsor: Chiu Resolution granting revocable permission to Aquilina Family 2001 Revocable Trust to occupy a portion of the public right-of-way to remove and reconstruct a portion of a City owned and maintained retaining wall to construct a concrete driveway ramp, with accessible transition slopes to conform to the existing sidewalk grade, that will provide vehicular access to a proposed new residence with a garage at 54 Peralta Avenue (Assessor's Block No. 5512, Lot No. 029), conditioned upon the payment of an annual assessment fee of $215; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. Supervisor Campos, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to March 12, 2013. The motion carried by the following vote:

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

Noes: None

Recommendations of the Rules Committee Supervisor Campos Excused from Voting Supervisor Avalos, seconded by Supervisor Mar, moved that Supervisor Campos be excused from voting on File No. 130075. The motion carried by the following vote:

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

Noes: None

Excused: Campos

130075 [Reappointment, Golden Gate Bridge, Highway and Transportation District - Supervisor David Campos] Motion reappointing Supervisor David Campos, term ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M13-028 APPROVED by the following vote: play video

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

Noes: None

Excused: Campos

City and County of San Francisco Page 99 Printed at 12:40 pm on 4/10/13 Board of Supervisors Meeting Minutes 2/26/2013 Supervisor Wiener Excused from Voting Supervisor Campos, seconded by Supervisor Chu, moved that Supervisor Wiener be excused from voting on File No. 130076. The motion carried by the following vote:

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

Noes: None

Excused: Wiener

130076 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Scott Wiener] Motion appointing Supervisor Scott Wiener, term ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M13-029 APPROVED by the following vote: play video

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

Noes: None

Excused: Wiener

Supervisor Yee Excused from Voting Supervisor Farrell, seconded by Supervisor Cohen, moved that Supervisor Yee be excused from voting on File No. 130077. The motion carried by the following vote:

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

Noes: None

Excused: Yee

130077 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Norman Yee] Motion appointing Supervisor Norman Yee, term ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M13-030 APPROVED by the following vote: play video

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

Noes: None

Excused: Yee

City and County of San Francisco Page 100 Printed at 12:40 pm on 4/10/13 Board of Supervisors Meeting Minutes 2/26/2013 Supervisor Cohen Excused from Voting Supervisor Campos, seconded by Supervisor Mar, moved that Supervisor Cohen be excused from voting on File No. 130078. The motion carried by the following vote:

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

Noes: None

Excused: Cohen

130078 [Reappointment, Association of Bay Area Governments Executive Board - Supervisor Malia Cohen] Motion reappointing Supervisor Malia Cohen, term ending June 30, 2014, to the Association of Bay Area Governments Executive Board. (Clerk of the Board) Motion No. M13-031 APPROVED by the following vote: play video

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

Noes: None

Excused: Cohen

Supervisor Mar Excused from Voting Supervisor Campos, seconded by Supervisor Yee, moved that Supervisor Mar be excused from voting on File No. 130079. The motion carried by the following vote:

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

Noes: None

Excused: Mar

130079 [Reappointment, Bay Area Air Quality Management District - Supervisor Eric Mar] Motion reappointing Supervisor Eric Mar, term ending February 1, 2017, to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) Motion No. M13-032 APPROVED by the following vote: play video

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

Noes: None

Excused: Mar

City and County of San Francisco Page 101 Printed at 12:40 pm on 4/10/13 Board of Supervisors Meeting Minutes 2/26/2013 Supervisor Avalos Excused from Voting Supervisor Chu, seconded by Supervisor Campos, moved that Supervisor Avalos be excused from voting on File No. 130080. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

130080 [Reappointment, Bay Area Air Quality Management District - Supervisor John Avalos] Motion reappointing Supervisor John Avalos, term ending February 1, 2017, to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) Motion No. M13-033 APPROVED by the following vote: play video

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

Noes: None

Excused: Avalos

130107 [Appointment, Historic Preservation Commission - Aaron Hyland] Motion approving the Mayor's nomination for appointment of Aaron Hyland to the Historic Preservation Commission, for a term ending December 31, 2016. (Clerk of the Board) (Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - January 29, 2013.) Motion No. M13-034 APPROVED by the following vote: play video

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

Noes: None

130108 [Reappointment, Historic Preservation Commission - Diane Matsuda] Motion approving the Mayor's nomination for reappointment of Diane Matsuda to the Historic Preservation Commission, for a term ending December 31, 2016. (Clerk of the Board) Motion No. M13-035 APPROVED by the following vote: play video

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

Noes: None

130019 [Planning Code, Zoning Map - Central Subway Tunnel Boring Machine Extraction Site Special Use District] Sponsor: Chiu Ordinance amending the Planning Code, by adding Section 249.70, to create the Central Subway Tunnel Boring Machine Extraction Site Special Use District for the property located at Assessor’s Block No. 0101, Lot No. 004, known as 1731-1741 Powell Street, to facilitate the removal of the tunnel boring machines used in the construction of the Central Subway Project and allow the construction of a previously approved mixed-use residential/retail building; amending Sectional Zoning Maps HT 01 and SU 01 to reflect the Central Subway Tunnel Boring Machine Extraction Site Special Use District; adopting findings, including environmental findings, and findings of consistency with the General Plan. PASSED, ON FIRST READING by the following vote:

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

Noes: None

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. Resolution No. 056-13 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mar

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. Resolution No. 055-13 ADOPTED by the following vote: play video

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

Noes: None

130170 [Fred Ross Sr. Presidential Medal of Freedom] Sponsors: Mar; Campos and Avalos Resolution urging President Barack Obama to award posthumously the Presidential Medal of Freedom to legendary organizer, Fred Ross, Sr. The President inquired as to whether any member of the public wished to address the Board relating to File No. 130170. There were no speakers. The President declared public comment closed. Resolution No. 057-13 ADOPTED by the following vote:

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

Noes: None

City and County of San Francisco Page 106 Printed at 12:40 pm on 4/10/13 Board of Supervisors Meeting Minutes 2/26/2013 [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Chiu, 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 Chiu, 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

130169 [Commending Supervisor Carmen Chu] Resolution commending and honoring Supervisor Carmen Chu for her distinguished service as a Supervisor of 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. 130169. There were no speakers. The President declared public comment closed. Resolution No. 042-13 ADOPTED by the following vote:

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

Noes: None