# Board of Supervisors Minutes: February 26, 2013 - Meeting date: 2013-02-26 - Document type: minutes - Pages in official PDF: 29 - [Canonical HTML transcript](https://sfbos.info/documents/90/2013-02-26-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=229388&GUID=994879D7-CAE5-4C97-822A-106D1C9464E0) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 121105: Administrative Code - Expanding Public Utilities Commission Local Business Enterprise Contracting Opportunities - Pages: 3 ### 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: 3 ### File 121166: Appropriating $631,893 for the San Francisco Department on the Status of Women and the District Attorney’s Office - Pages: 3 ### File 120900: Planning Code - Car Share Parking Spaces - Pages: 3-4 ### File 121018: Housing Code - Telephone Jacks and Grab Bars - Pages: 4 ### File 130005: Street Artist Spaces - Market Street, Spear to Steuart Streets - Pages: 4 ### File 130063: Street Artist Spaces - Post Street at Stockton Street - Pages: 4 ### File 130064: Street Artist Space - Leavenworth Street at Jefferson Street - Pages: 4 ### File 130034: Settlement of Lawsuit - Mary Bull - $465,000 - Pages: 4-5 ### File 130050: Amending the Board's Rules - Establish Neighborhood Services and Safety Committee - Combining the City Operations and Neighborhood Services and the Public Safety Committees - Pages: 5 ### File 130073: Appointments, Veterans' Affairs Commission - Mary Tramil and Dottie Guy - Pages: 5 ### File 130081: Appointments, Golden Gate Bridge, Highway and Transportation District - Richard Grosboll, Michael Theriault, Dave Snyder, and Janet Reilly - Pages: 5 - Vote 1: approval, likely final - Action: 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 ### File 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 - Pages: 6 - Vote 1: amendment - Action: 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 - Vote 2: first-reading - Action: 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 ### File 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 - Pages: 6 - Vote 1: first-reading - Action: 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 ### File 121184: Lease Agreement - Japan Center Garage Corporation - Japan Center Public Parking Garage - $1 - Pages: 6-7 - Vote 1: adoption, likely final - Action: 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 ### File 121185: Lease Agreement - Uptown Parking Corporation - Sutter Stockton Public Parking Garage - $1 - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 121191: Airport Concession Lease - Avila Retail Development and Management, LLC - $162,000 Minimum Annual Guarantee - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 121225: Contract Amendment - Xtech - $90,580,000 - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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 ### File 130056: California Environmental Quality Act Findings - Calaveras Dam Replacement Project - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 130091: Accept and Expend Grant - Anti-Human Trafficking Task Force Program - $200,000 - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 130121: Lease - Los Altos Hotel Associates, LLC - Hotel Parking and Recreation Purposes - $52,324 Annually Plus Adjustments - Pages: 8-9 - Vote 1: adoption, likely final - Action: 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 ### File 120747: Liquor License - 313 Ivy Street - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 120998: Liquor License - 310-320 Geary Street - Pages: 9-10 - Vote 1: adoption, likely final - Action: 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 ### File 121168: Street Encroachment - 54 Peralta Avenue - Pages: 10 - Vote 1: continuance - Action: 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 - Vote 2: other - Action: 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 - Excused: Campos ### File 130075: Reappointment, Golden Gate Bridge, Highway and Transportation District - Supervisor David Campos - Pages: 10-11 - Vote 1: approval, likely final - Action: 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 - Excused: Campos - Vote 2: other - Action: 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 - Excused: Wiener ### File 130076: Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Scott Wiener - Pages: 11 - Vote 1: approval, likely final - Action: 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 - Excused: Wiener - Vote 2: other - Action: 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 - Excused: Yee ### File 130077: Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Norman Yee - Pages: 11-12 - Vote 1: approval, likely final - Action: 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 - Excused: Yee - Vote 2: other - Action: 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 - Excused: Cohen ### File 130078: Reappointment, Association of Bay Area Governments Executive Board - Supervisor Malia Cohen - Pages: 12 - Vote 1: approval, likely final - Action: 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 - Excused: Cohen - Vote 2: other - Action: 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 - Excused: Mar ### File 130079: Reappointment, Bay Area Air Quality Management District - Supervisor Eric Mar - Pages: 12-13 - Vote 1: approval, likely final - Action: 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 - Excused: Mar - Vote 2: other - Action: 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 - Excused: Avalos ### File 130080: Reappointment, Bay Area Air Quality Management District - Supervisor John Avalos - Pages: 13 - Vote 1: approval, likely final - Action: 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 - Excused: Avalos ### File 130107: Appointment, Historic Preservation Commission - Aaron Hyland - Pages: 13 - Vote 1: approval, likely final - Action: 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 ### File 130108: Reappointment, Historic Preservation Commission - Diane Matsuda - Pages: 13-14 - Vote 1: approval, likely final - Action: 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 ### File 130019: Planning Code, Zoning Map - Central Subway Tunnel Boring Machine Extraction Site Special Use District - Pages: 15 - Vote 1: first-reading - Action: 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 ### File 130152: UCSF Philip R. Lee Institute for Health Policy Studies Day - February 27, 2013 - Pages: 16-17 - Vote 1: adoption, likely final - Action: 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 - Absent: Mar ### File 130151: Opposing the Indefinite Detention Provisions of the National Defense Authorization Act - Pages: 17 - Vote 1: adoption, likely final - Action: 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 ### File 130170: Fred Ross Sr. Presidential Medal of Freedom - Pages: 17-18 - Vote 1: adoption, likely final - Action: 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 - Vote 2: other - Action: 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 - Vote 3: other - Action: [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 ### File 130169: Commending Supervisor Carmen Chu - Pages: 18-19 - Vote 1: adoption, likely final - Action: 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 ### File 120796: Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial District - Pages: 19 ### File 130179: Agreement - Tom Eliot Fisch/Knapp Architects, JV - Authorizing Waiver of Certain As-Needed Contract Requirements In Order to Complete Design and Engineering of Bayview Opera House - $1,275,000 - Pages: 19-20 ### File 130180: Planning Code - Pre-Application Meetings in Production/Distribution/Repair-1-B (Light Industrial Buffer) District - Pages: 20 ### File 130181: Administrative Code - Exceptions to Seismic Safety Loan Program Requirements for a $2,379,464 Loan to Hotel Isabel, 1091 Mission Street - Pages: 20 ### File 130182: Police, Administrative Codes - Entertainment-Related Permits - Pages: 20 ### File 130183: Accept and Expend Grant - FY2012 Second Chance Act Juvenile Offender Reentry Program and Amendment to the Annual Salary Ordinance, FY2012-2013 - $461,166 - Pages: 20 ### File 130185: Appropriating $656,958 of General Fund Reserve to the Public Defender for Salary Expenditures - FY2012-2013 - Pages: 20-21 ### File 130186: Environment Code - Repealing Yellow Pages Distribution Pilot Program - Pages: 21 ### File 130172: Multifamily Housing Revenue Bonds - 1100 Ocean Avenue - Not to Exceed $25,000,000 - Pages: 21 ### File 130173: Adjusting the Access Line Tax with the Consumer Price Index of 2013 - Pages: 21 ### File 130174: Approval of a 60 Day Extension for Planning Commission Review of Conversion, Demolition, Merger, and Conformity of Residential Uses (File No. 130041) - Pages: 21-22 ### File 130175: Accept and Expend Grant - Keys to Freedom Program - $599,894 - Pages: 22 ### File 130176: Accept and Expend Grant - FY2007 Supplemental Port Security - $376,700 - Pages: 22 ### File 130177: Multifamily Housing Revenue Bonds - Broadway Sansome Apartments - Not to Exceed $23,900,000 - Pages: 22 ### File 130178: Accept and Expend Grant - CalRecycle Tire Derived Product Program - $150,000 - Pages: 22-23 ### File 130184: Approval of a 60 Day Extension for Planning Commission Review of Rezoning of 1111 Eighth Street (File No. 111278) - Pages: 23 ### File 130188: Accept and Expend Grant - Trust for Public Land - $3,350,000 - Pages: 23 ### File 130189: Urging the California State Legislature to Pass Senate Bill 219 - Pages: 23 ### File 130190: Multifamily Housing Revenue Obligations - 2175 Market Street Apartments - $30,000,000 - Pages: 23-24 ### File 130191: Apply For - CalHome Program - Pages: 24 ### File 130159: Hearing - Shared Schoolyards Project - Pages: 24 ### File 130192: Hearing - Sheriff Department Budget Update - FY2013-2014 and FY2014-2015 - Pages: 24 ### File 130193: Hearing - Recreation and Park Department Budget Update - FY2013-2014 and FY2014-2015 - Pages: 24 ### File 130194: Hearing - Department of Public Health Budget Update - FY2013-2014 and FY2014-2015 - Pages: 24 ### File 130195: Hearing - Department on Children, Youth, and Their Families and First Five Commission Budget Update - FY2013-2014 and FY2014-2015 - Pages: 24-25 ### File 130196: Hearing - Department of Public Works Budget Update - FY2013-2014 and FY2014-2015 - Pages: 25 ### File 130197: Hearing - Fire Department Budget Update - FY2013-2014 and FY2014-2015 - Pages: 25 ### File 130198: Hearing - Police Department Budget Update - FY2013-2014 and FY2014-2015 - Pages: 25 ### File 130199: Hearing - Human Services Agency Budget Update - FY2013-2014 and FY2014-2015 - Pages: 25 ### File 130200: Hearing - City's Reserve and Set-Aside Policy - FY2013-2014 and FY2014-2015 - Pages: 25 ### File 130201: Hearing - Ten-Year Capital Plan - Pages: 25 ### File 130202: Hearing - Five-Year Financial Plan - Pages: 25 ### File 130203: Hearing - Information and Communication Technology Plan - Pages: 25-26 ### File 130204: Hearing - Information Technology Upgrades for Emergency Personnel - Pages: 26 ### File 130205: Hearing - Public Health Projected Deficit - $45,900,000 - FY2012-2013 - Pages: 26 ### File 130206: Hearing - Municipal Transportation Agency's Traffic Calming Program - Pages: 26 ### File 130207: Hearing - Proposition H Expenditure Plan and Reauthorization - Pages: 26 ### File 130208: Hearing - Displacement of Residential Fire Victims - Pages: 26-27 ### File 130131: Administrative Code - Agricultural Inspection Fees - Pages: 27 ### File 130132: Administrative Code - Weights and Measures Fees - Pages: 27 ### File 130133: Administrative Code - Public Health Solid Waste Penalties Fund - Pages: 27 ### File 130135: Settlement of Lawsuit - Shawn and Sarah Myers - $200,000 - Pages: 27-28 ### File 130136: Settlement of Lawsuit - Veronica Hinkley Reck - $70,000 - Pages: 28 ### File 130110: Street Artist Spaces - Market Street at Spear Street - Pages: 28 ### File 130137: Settlement of Unlitigated Claim - SF Works - $110,000 - Pages: 28-29 ## Extracted text ### [Page 1](https://sfbos.info/documents/90/2013-02-26-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, February 26, 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 6 ### [Page 2](https://sfbos.info/documents/90/2013-02-26-minutes#page-2) Board of Supervisors Meeting Minutes 2/26/2013 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 2:11 p.m. On the call of the roll, Supervisors Kim and Mar were noted absent. There was a quorum. play video AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Campos, seconded by Supervisor Farrell, moved to approve the Board Meeting Minutes of January 15, 2013. The motion carried by the following vote: play video Ayes: 9 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Wiener, Yee Absent: 2 - Kim, Mar COMMUNICATIONS There were none. play video Supervisor Mar was noted present at 2:13 p.m. Supervisor Kim was noted present at 2:14 p.m. CONSENT AGENDA play video Recommendations of the Budget and Finance Committee City and County of San Francisco Page 91 Printed at 12:40 pm on 4/10/13 ### [Page 3](https://sfbos.info/documents/90/2013-02-26-minutes#page-3) Board of Supervisors Meeting Minutes 2/26/2013 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. Ordinance No. 030-13 FINALLY PASSED 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) Ordinance No. 031-13 FINALLY PASSED 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. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she received notification from the Controller that this matter required a two-thirds vote pursuant to Charter, Section 9.113(c) and Administrative Code, Section 3.15. Ordinance No. 032-13 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 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. Ordinance No. 028-13 FINALLY PASSED City and County of San Francisco Page 92 Printed at 12:40 pm on 4/10/13 ### [Page 4](https://sfbos.info/documents/90/2013-02-26-minutes#page-4) Board of Supervisors Meeting Minutes 2/26/2013 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. Ordinance No. 029-13 FINALLY PASSED 130005 [Street Artist Spaces - Market Street, Spear to Steuart Streets] Resolution approving designation of six selling spaces on Market Street, north side, Spear to Steuart Streets, for street artists certified by the Arts Commission; and exempting said spaces from the regulations of Police Code, Section 2405, relating to street artist display size. (Arts Commission) Resolution No. 050-13 ADOPTED 130063 [Street Artist Spaces - Post Street at Stockton Street] Resolution approving re-designation, for six months, two temporary selling spaces on Post Street, northwest corner, at Stockton Street, for street artists certified by the Arts Commission. (Arts Commission) Resolution No. 052-13 ADOPTED 130064 [Street Artist Space - Leavenworth Street at Jefferson Street] Resolution approving re-designation of one selling space on Leavenworth Street, west side, at Jefferson Street, for six months, for street artists certified by the Arts Commission; exempting said space from the regulations of Police Code, Section 2405(c)(6) and (11), prohibiting selling within ten feet from the outer edge of any entrance to any building and prohibiting selling within five feet from the display of any other street artist. (Arts Commission) Resolution No. 053-13 ADOPTED Recommendations of the Rules Committee 130034 [Settlement of Lawsuit - Mary Bull - $465,000] Ordinance authorizing settlement of a lawsuit filed by Mary Bull, Lisa Giampaoli, Alexis Bronson, Micky Mangosing, Leigh Fleming, Laura Timbrook, J. Quechan Allen, Diana Smith, Michele De Ranleau, Michael Marron, Steve Noh, Sister Bernie Galvin, and Brian Vowell against the City and County of San Francisco for an amount not to exceed $465,000; the lawsuit was filed on April 23, 2003, in United States District Court, Northern District of California, Case No. C03-1840 (CRB); entitled Mary Bull et al. v. City and County of San Francisco. (City Attorney) PASSED, ON FIRST READING City and County of San Francisco Page 93 Printed at 12:40 pm on 4/10/13 ### [Page 5](https://sfbos.info/documents/90/2013-02-26-minutes#page-5) Board of Supervisors Meeting Minutes 2/26/2013 130050 [Amending the Board's Rules - Establish Neighborhood Services and Safety Committee - Combining the City Operations and Neighborhood Services and the Public Safety Committees] Sponsor: Chiu Motion amending the Board of Supervisors Rules of Order, Rule 3.27, and deleting Rule 3.29, to establish the Neighborhood Services and Safety Committee by combining the City Operations and Neighborhood Services Committee and the Public Safety Committee. Motion No. M13-025 APPROVED 130073 [Appointments, Veterans' Affairs Commission - Mary Tramil and Dottie Guy] Motion appointing Mary Tramil and Dottie Guy, terms ending January 31, 2017, to the Veterans' Affairs Commission. (Clerk of the Board) Motion No. M13-026 APPROVED 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee REGULAR AGENDA UNFINISHED BUSINESS There were no items. NEW BUSINESS Recommendations of the Budget and Finance Committee City and County of San Francisco Page 94 Printed at 12:40 pm on 4/10/13 ### [Page 6](https://sfbos.info/documents/90/2013-02-26-minutes#page-6) Board of Supervisors Meeting Minutes 2/26/2013 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Supervisors Breed and Chiu requested to be added as co-sponsors. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 9 - Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Wiener, Yee Noes: 2 - Avalos, Chu City and County of San Francisco Page 95 Printed at 12:40 pm on 4/10/13 ### [Page 7](https://sfbos.info/documents/90/2013-02-26-minutes#page-7) Board of Supervisors Meeting Minutes 2/26/2013 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: 9 - Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Wiener, Yee Noes: 2 - 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 96 Printed at 12:40 pm on 4/10/13 ### [Page 8](https://sfbos.info/documents/90/2013-02-26-minutes#page-8) Board of Supervisors Meeting Minutes 2/26/2013 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Recommendations of the City Operations and Neighborhood Services Committee City and County of San Francisco Page 97 Printed at 12:40 pm on 4/10/13 ### [Page 9](https://sfbos.info/documents/90/2013-02-26-minutes#page-9) Board of Supervisors Meeting Minutes 2/26/2013 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 98 Printed at 12:40 pm on 4/10/13 ### [Page 10](https://sfbos.info/documents/90/2013-02-26-minutes#page-10) Board of Supervisors Meeting Minutes 2/26/2013 Referred from the Land Use and Economic Development Committee Without Recommendation 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 10 - Avalos, Breed, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - 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: 10 - Avalos, Breed, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - Campos City and County of San Francisco Page 99 Printed at 12:40 pm on 4/10/13 ### [Page 11](https://sfbos.info/documents/90/2013-02-26-minutes#page-11) 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Yee Excused: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Yee Excused: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener Excused: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener Excused: 1 - Yee City and County of San Francisco Page 100 Printed at 12:40 pm on 4/10/13 ### [Page 12](https://sfbos.info/documents/90/2013-02-26-minutes#page-12) 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Wiener, Yee Excused: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Wiener, Yee Excused: 1 - Mar City and County of San Francisco Page 101 Printed at 12:40 pm on 4/10/13 ### [Page 13](https://sfbos.info/documents/90/2013-02-26-minutes#page-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: 10 - Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - 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: 10 - Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee Excused: 1 - 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 102 Printed at 12:40 pm on 4/10/13 ### [Page 14](https://sfbos.info/documents/90/2013-02-26-minutes#page-14) Board of Supervisors Meeting Minutes 2/26/2013 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Kim, 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 Kim introduced, welcomed, and presented Certificates of Honor to Jeffrey Chambers and the firefighters who risked their lives in the recent Treasure Island fire. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to the family and friends of the late community organizer, Fred Ross, Sr., in recognition of his accomplishments. Supervisors Avalos and Campos shared in this commendation. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to the staff and faculty of UCSF Philip R. Lee Institute for Health Policy Studies in recognition of their accomplishments and continued community support on the occasion of their 40th anniversary. BLACK HISTORY MONTH Supervisors introduced, welcomed, and presented Certificates of Honor to individuals in recognition of Black History Month, their accomplishments, and their continued community support as referenced below: Supervisor Mar recognized Dr. Dorothy Randall Tsuruta, presented to Bobby Randall, and JJ Parsons (KPOO 89.5 Radio); and Supervisor Farrell recognized Michael Carr; and Supervisor Chiu recognized Jamie Allison-Hope; and Supervisor Chu recognized Al Williams; and Supervisor Breed recognized Karim Mayfield and Pat Scott; and Supervisor Kim recognized LaTonya Jones; and Supervisor Yee recognized Dr. Allison Metz; and Supervisor Wiener recognized Brett Andrews; and Supervisor Campos recognized Marco Senghor; and Supervisor Cohen recognized Ann deJesus; and Supervisor Avalos recognized Mary Lavalais. City and County of San Francisco Page 103 Printed at 12:40 pm on 4/10/13 ### [Page 15](https://sfbos.info/documents/90/2013-02-26-minutes#page-15) Board of Supervisors Meeting Minutes 2/26/2013 COMMITTEE REPORT play video Recommendation of the Land Use and Economic Development Committee 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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 City and County of San Francisco Page 104 Printed at 12:40 pm on 4/10/13 ### [Page 16](https://sfbos.info/documents/90/2013-02-26-minutes#page-16) Board of Supervisors Meeting Minutes 2/26/2013 PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Ray Hartz; expressed concerns relating to SF Public Library and government. Walter Paulson; shared in song certain concerns with the Board. Peter Warfield; expressed concerns relating to the SF Public Library. Male Speaker; expressed various religious concerns. Trevor Johnson; expressed concerns relating to ride sharing applications. Female Speaker; shared in poem certain concerns with the Board. Star Child; spoke in support of the proposed legislation opposing the National Defense Authorization Act. Douglas Yep; expressed various concerns. Aubrey Freedom; spoke in support of the proposed legislation opposing the National Defense Authorization Act. Phillip Berg; spoke in support of the proposed legislation opposing the National Defense Authorization Act. John; expressed various concerns. Female Speaker; spoke in support of the proposed legislation opposing the National Defense Authorization Act. Winston Chin; spoke in support of the proposed legislation opposing the National Defense Authorization Act. Michael Lange; spoke in support of the proposed legislation opposing the National Defense Authorization Act. Nadia; spoke in support of the proposed legislation opposing the National Defense Authorization Act. Alishedo Meadow; spoke in support of the proposed legislation opposing the National Defense Authorization Act. Robyn Corwin; spoke in support of the proposed legislation opposing the National Defense Authorization Act. play video Supervisor Mar was noted absent at 6:20 p.m., and noted present at 6:25 p.m. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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: 10 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Wiener, Yee Absent: 1 - Mar City and County of San Francisco Page 105 Printed at 12:40 pm on 4/10/13 ### [Page 17](https://sfbos.info/documents/90/2013-02-26-minutes#page-17) Board of Supervisors Meeting Minutes 2/26/2013 Severed from the For Adoption Without Committee Reference Agenda Supervisor Chiu requested that File No. 130151 be severed so that it may be considered separately. 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee 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 Wiener, 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 Wiener, 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 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 106 Printed at 12:40 pm on 4/10/13 ### [Page 18](https://sfbos.info/documents/90/2013-02-26-minutes#page-18) 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: 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 Chiu, seconded by Supervisor Farrell, 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 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: 11 - Avalos, Breed, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Wiener, Yee City and County of San Francisco Page 107 Printed at 12:40 pm on 4/10/13 ### [Page 19](https://sfbos.info/documents/90/2013-02-26-minutes#page-19) Board of Supervisors Meeting Minutes 2/26/2013 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 120796 [Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial District] Sponsor: Breed Ordinance amending the Planning Code to establish the Divisadero Street Neighborhood Commercial District (NCD) along Divisadero Street between Haight and O'Farrell Streets; repeal the Divisadero Street Alcohol Restricted Use District (RUD); amend various other sections to make conforming and other technical changes; amending the Zoning Map to add the Divisadero Street NCD and delete the Divisadero Street RUD; and adopting 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. 07/24/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. 07/27/12; REFERRED TO DEPARTMENT. 07/31/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 08/09/12; REFERRED TO DEPARTMENT. 10/30/12; REMAIN ACTIVE. 11/26/12; RESPONSE RECEIVED. 12/04/12; RESPONSE RECEIVED. 02/26/13; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 130179 [Agreement - Tom Eliot Fisch/Knapp Architects, JV - Authorizing Waiver of Certain As-Needed Contract Requirements In Order to Complete Design and Engineering of Bayview Opera House - $1,275,000] Sponsor: Cohen Ordinance waiving the as-needed contract modification not to exceed amount requirement under Administrative Code, Section 6.64, and authorizing the Director of Public Works to amend its as-needed Architectural Services Agreement with Tom Eliot Fisch/Knapp Architects, JV by increasing the not to exceed amount by $150,000 from $1,125,000 to $1,275,000 for the limited purpose of completing the design and engineering for the Bayview Opera House project for the period of September 2, 2010, through September 1, 2015. 02/26/13; ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 3/28/2013. City and County of San Francisco Page 108 Printed at 12:40 pm on 4/10/13 ### [Page 20](https://sfbos.info/documents/90/2013-02-26-minutes#page-20) Board of Supervisors Meeting Minutes 2/26/2013 130180 [Planning Code - Pre-Application Meetings in Production/Distribution/Repair-1-B (Light Industrial Buffer) District] Sponsor: Cohen Ordinance amending the Planning Code, by adding Section 313, to require pre-application meetings for certain projects in the Product/Distribution/Repair -1-B Districts; and making environmental, General Plan, and Planning Code Section 101(b) findings. 02/26/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/28/2013. 130181 [Administrative Code - Exceptions to Seismic Safety Loan Program Requirements for a $2,379,464 Loan to Hotel Isabel, 1091 Mission Street] Sponsor: Kim Ordinance approving exceptions to requirements of the Seismic Safety Loan Program (SSLP) under the Administrative Code and the SSLP Program Regulations, regarding a $2,379,464 loan for an existing affordable housing project at the Hotel Isabel located at 1091 Mission Street. 02/26/13; ASSIGNED to Land Use and Economic Development Committee. 130182 [Police, Administrative Codes - Entertainment-Related Permits] Sponsor: Wiener Ordinance amending the Police Code to clarify permit requirements and procedures, as well as to expand suspension, citation, and enforcement provisions regarding Entertainment Commission permits, including Place of Entertainment Permits, Limited Live Performance Permits, Temporary Place of Entertainment Permits, Temporary Limited Live Performance Permits, Extended-Hours Premises Permits, and Temporary Extended-Hours Premises Permits, and noise limits and standards; amending the Administrative Code to clarify fee setting and reporting procedures; and making environmental findings. 02/26/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/28/2013. 130183 [Accept and Expend Grant - FY2012 Second Chance Act Juvenile Offender Reentry Program and Amendment to the Annual Salary Ordinance, FY2012-2013 - $461,166] Sponsor: Breed Ordinance authorizing the Juvenile Probation Department (JPD) to retroactively accept and expend a grant in the amount of $461,166 from the Office of Justice Programs for the United States Department of Justice for funding under the FY2012 Second Chance Act Juvenile Offender Reentry Program (Second Chance grant award); and amending Ordinance No. 165-12 (Annual Salary Ordinance, FY2012-2013 and FY2013-2014) to reflect the addition of one Class 2910 Social Worker grant-funded position (0.4 FTE) at JPD. (Fiscal Impact) 02/26/13; ASSIGNED to Government Audit and Oversight Committee. 130185 [Appropriating $656,958 of General Fund Reserve to the Public Defender for Salary Expenditures - FY2012-2013] Sponsors: Campos; Avalos and Mar Ordinance appropriating $751,312 from the General Fund Reserve to the Public Defender for salary expenditures in FY2012-2013, pursuant to Charter Section 9.113, this appropriation is subject to a two-thirds affirmative vote of all members of the Board of Supervisors. City and County of San Francisco Page 109 Printed at 12:40 pm on 4/10/13 ### [Page 21](https://sfbos.info/documents/90/2013-02-26-minutes#page-21) Board of Supervisors Meeting Minutes 2/26/2013 130186 [Environment Code - Repealing Yellow Pages Distribution Pilot Program] Sponsor: Chiu Ordinance amending the Environment Code by repealing Yellow Pages Distribution Pilot Program. Resolutions 130172 [Multifamily Housing Revenue Bonds - 1100 Ocean Avenue - Not to Exceed $25,000,000] Sponsor: Yee Resolution declaring the intent of the City and County of San Francisco (City) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing (Director) to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $25,000,000 for 1100 Ocean Avenue (Assessor’s Parcel No. 3180, portion of Lot No. 1); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $25,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130173 [Adjusting the Access Line Tax with the Consumer Price Index of 2013] Sponsor: Mayor Resolution concurring with the Controller’s establishment of the Consumer Price Index for 2013, and adjusting the Access Line Tax by the same rate. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130174 [Approval of a 60 Day Extension for Planning Commission Review of Conversion, Demolition, Merger, and Conformity of Residential Uses (File No. 130041)] Sponsor: Avalos Resolution extending by 60 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 130041) amending the Planning Code by repealing Sections 790.84, 790.86, 890.84, and 890.86 and amending Section 317 and various other sections to: 1) revise the criteria for the residential demolition, conversion and merger; 2) standardize definitions of residential demolition, conversion and merger across various use districts; 3) permit the enlargement or alteration of dwelling units which are nonconforming as to density in districts where dwelling units are principally permitted if there is no increase in nonconformity of height, bulk, or required rear yards or setbacks; 4) permit alterations to nonconforming uses or noncomplying structures to comply with disabled access requirements or to provide secure bicycle parking; 5) establish a strong presumption in favor of preserving dwelling units in enforcement of requirements for nonconforming uses, structures and lots; and 6) 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. 02/26/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 110 Printed at 12:40 pm on 4/10/13 ### [Page 22](https://sfbos.info/documents/90/2013-02-26-minutes#page-22) Board of Supervisors Meeting Minutes 2/26/2013 130175 [Accept and Expend Grant - Keys to Freedom Program - $599,894] Sponsor: Breed Resolution authorizing the Sheriff’s Department to retroactively accept and expend $599,894 in funds from the U.S. Department of Justice, Office of Justice Programs, through the Second Chance Act Reentry Program for adult offenders with co-occurring substance abuse and mental health disorders, for The Keys to Freedom Program to increase public safety, and reduce recidivism among incarcerated and recently released women and transgendered adults in the City and County of San Francisco; and waiving any indirect costs for the period of October 1, 2012, through September 30, 2014. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130176 [Accept and Expend Grant - FY2007 Supplemental Port Security - $376,700] Sponsor: Chiu Resolution authorizing the San Francisco Fire Department to retroactively accept and expend a grant in the amount of $376,700 from the Federal Emergency Management Agency for the FY2007 Supplemental Port Security Grant Program for assets to enhance the Fire Department’s water-based response capabilities and increase its protection of the Port of San Francisco and the San Francisco Bay for the period of October 1, 2007, through September 30, 2012. 02/26/13; RECEIVED AND ASSIGNED to Neighborhood Services and Safety Committee. 130177 [Multifamily Housing Revenue Bonds - Broadway Sansome Apartments - Not to Exceed $23,900,000] Sponsor: Chiu Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $23,900,000 for the purpose of providing financing for the acquisition and construction of a 75-unit multifamily rental housing project known as Broadway Sansome Apartments; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the forms of and authorizing the execution of certain loan documents; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130178 [Accept and Expend Grant - CalRecycle Tire Derived Product Program - $150,000] Sponsor: Farrell Resolution authorizing the Recreation and Park Department to retroactively accept and expend a CalRecycle Tire-Derived Product (TDP) Grant in the amount of $150,000 from the California Department of Resources Recycling and Recovery for the purchase of TDP materials for use at various City park sites for the period of June 1, 2011, through March 31, 2013. (Recreation and Park Department) 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 111 Printed at 12:40 pm on 4/10/13 ### [Page 23](https://sfbos.info/documents/90/2013-02-26-minutes#page-23) Board of Supervisors Meeting Minutes 2/26/2013 130184 [Approval of a 60 Day Extension for Planning Commission Review of Rezoning of 1111 Eighth Street (File No. 111278)] Sponsor: Cohen Resolution extending by 60 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance (File No. 111278) that would amend the Planning Code, by adding Section 249.67, and amending Section Map SU08 of the Zoning Map, to establish the Art and Design Educational Special Use District at 1111 Eighth Street to facilitate the continued operation of the California College of the Arts and provide a regulatory scheme for a potential future phased expansion of the campus; 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. 02/26/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130188 [Accept and Expend Grant - Trust for Public Land - $3,350,000] Sponsor: Kim Resolution authorizing the Recreation and Park Department to retroactively accept and expend a grant of up to $3,350,000 from the Trust for Public Land for the design and construction of improvements to Father Alfred E. Boeddeker Park for the period of August 2012, through June 20, 2014. 130189 [Urging the California State Legislature to Pass Senate Bill 219] Sponsors: Mar; Yee Resolution urging the California State Legislature to Pass Senate Bill 219 to permanently extend double fine zones along State Highway Route 1 between Junipero Serra Boulevard and Lake Street and State Highway Route 101 between Golden Gate Avenue and Lyon Street. 02/26/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130190 [Multifamily Housing Revenue Obligations - 2175 Market Street Apartments - $30,000,000] Sponsor: Wiener Resolution authorizing the execution/issuance, sale and delivery of a multifamily mortgage revenue note and subordinate multifamily housing revenue bonds in an aggregate principal amount not to exceed $30,000,000 (together, the “Obligations”) for the purpose of providing financing for the acquisition and construction of a 88-unit multifamily residential rental housing development known as the 2175 Market Street Apartments; approving the form of and authorizing the execution of a funding loan agreement and borrower loan agreement providing the terms and conditions of the note and authorizing the execution and delivery thereof; approving the form of and authorizing the execution of a subordinate trust indenture providing the terms and conditions of the subordinate bonds; approving the form of and authorizing the execution of a subordinate loan agreement relating to the subordinate bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the Obligations and the project; approving modifications, changes and additions to the documents; granting general authority to City officials to take actions necessary to implement this resolution; and ratifying and approving any action heretofore taken in connection with the Obligations and the project. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 112 Printed at 12:40 pm on 4/10/13 ### [Page 24](https://sfbos.info/documents/90/2013-02-26-minutes#page-24) Board of Supervisors Meeting Minutes 2/26/2013 130191 [Apply For - CalHome Program] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing to submit an application to the California Department of Housing and Community Development for funding under the CalHome Program; the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the CalHome Program. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests for Hearing 130159 [Hearing - Shared Schoolyards Project] Sponsor: Farrell Hearing to provide an update on the Shared Schoolyards Project and an opportunity for discussion about what is working well with the program, as well as what can be done better. 02/26/13; RECEIVED AND ASSIGNED to City and School District Select Committee. 130192 [Hearing - Sheriff Department Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive an update on the Sheriff Department's budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130193 [Hearing - Recreation and Park Department Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive an update on the Recreation and Park Department's budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130194 [Hearing - Department of Public Health Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive an update on the Department of Public Health's budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130195 [Hearing - Department on Children, Youth, and Their Families and First Five Commission Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive update on the Department on Children, Youth, and their Families and First Five Commission's budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Board of Supervisors. City and County of San Francisco Page 113 Printed at 12:40 pm on 4/10/13 ### [Page 25](https://sfbos.info/documents/90/2013-02-26-minutes#page-25) Board of Supervisors Meeting Minutes 2/26/2013 130196 [Hearing - Department of Public Works Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive an update on the Department of Public Works budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130197 [Hearing - Fire Department Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive an update on the Fire Department's budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130198 [Hearing - Police Department Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive an update on the Police Department's budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130199 [Hearing - Human Services Agency Budget Update - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to receive an update on the Human Services Agency's budget for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130200 [Hearing - City's Reserve and Set-Aside Policy - FY2013-2014 and FY2014-2015] Sponsor: Farrell Hearing to consider City's reserve and set-aside policies for FY2013-2014 and FY2014-2015. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130201 [Hearing - Ten-Year Capital Plan] Sponsor: Farrell Hearing to receive an update from the Capital Planning Program on the City's Ten-Year Capital Plan. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130202 [Hearing - Five-Year Financial Plan] Sponsor: Farrell Hearing to receive an update from the Controller's Office and the Mayor's Budget Office on the City's Five-Year Financial Plan. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130203 [Hearing - Information and Communication Technology Plan] Sponsors: Farrell; Chiu Hearing to receive an update from the Mayor's Budget Office on the City's Information and Communication Technology Plan. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 114 Printed at 12:40 pm on 4/10/13 ### [Page 26](https://sfbos.info/documents/90/2013-02-26-minutes#page-26) Board of Supervisors Meeting Minutes 2/26/2013 130204 [Hearing - Information Technology Upgrades for Emergency Personnel] Sponsor: Farrell Hearing to receive an update from the Mayor's Budget Office on the draft plan outlining immediate information technology upgrades for San Francisco's emergency personnel. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130205 [Hearing - Public Health Projected Deficit - $45,900,000 - FY2012-2013] Sponsor: Farrell Hearing to receive an update from the Department of Public Health on the $45,900,000 deficit projected by the Controller's six-month report and plans to address the deficit. 02/26/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130206 [Hearing - Municipal Transportation Agency's Traffic Calming Program] Sponsor: Kim Hearing to receive an update on the Municipal Transportation Agency's Traffic Calming Program, particularly the school criteria for funding, including an updated list of schools currently receiving funding through the Program, and potential criteria and physical solutions for schools that operate near heavy traffic arterials where lowering the speed limit by creating a "School Zone" is not an option. 02/26/13; RECEIVED AND ASSIGNED to City and School District Select Committee. 130207 [Hearing - Proposition H Expenditure Plan and Reauthorization] Sponsor: Kim Hearing to receive updates from the Mayor's Budget Office, Controller's Office, and San Francisco Unified School District (SFUSD) on the Proposition H expenditure plan, the establishment of standardized processes for allocation of funds to SFUSD by the City and County of San Francisco, and the status of possible reauthorization of Proposition H. 02/26/13; RECEIVED AND ASSIGNED to City and School District Select Committee. 130208 [Hearing - Displacement of Residential Fire Victims] Sponsor: Mar Hearing on the City and County of San Francisco's response to the needs of fire victims after displacement from residential fires. 02/26/13; RECEIVED AND ASSIGNED to Neighborhood Services and Safety Committee. City and County of San Francisco Page 115 Printed at 12:40 pm on 4/10/13 ### [Page 27](https://sfbos.info/documents/90/2013-02-26-minutes#page-27) Board of Supervisors Meeting Minutes 2/26/2013 Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCES 130131 [Administrative Code - Agricultural Inspection Fees] Ordinance amending the Administrative Code, Section 1.10, to revise registration fees for inspecting agricultural products; and making environmental findings. (Public Health Department) 02/08/13; RECEIVED FROM DEPARTMENT. 02/20/13; REFERRED TO DEPARTMENT. 02/26/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/28/2013. 130132 [Administrative Code - Weights and Measures Fees] Ordinance amending the Administrative Code, Section 1.13-5, to revise registration fees for inspecting and testing weighing and measuring devices as provided by State law; and making environmental findings. (Public Health Department) 02/08/13; RECEIVED FROM DEPARTMENT. 02/20/13; REFERRED TO DEPARTMENT. 02/26/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/28/2013. 130133 [Administrative Code - Public Health Solid Waste Penalties Fund] Ordinance amending the Administrative Code, by adding Section 10.100-217, to establish a fund for the deposit of civil penalties assessed by the Department of Public Health and paid by operators of solid waste facilities for violation of solid waste disposal laws; and making environmental findings. (Public Health Department) 02/08/13; RECEIVED FROM DEPARTMENT. 02/20/13; REFERRED TO DEPARTMENT. 02/26/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/28/2013. 130135 [Settlement of Lawsuit - Shawn and Sarah Myers - $200,000] Ordinance authorizing settlement of the lawsuit filed by Shawn and Sarah Myers against the City and County of San Francisco for $200,000; the lawsuit was filed on February 27, 2008, in United States District Court, Case No. 08-cv-1163; entitled Shawn Myers, et al., v. City and County of San Francisco, et al. (City Attorney) 02/11/13; RECEIVED FROM DEPARTMENT. 02/26/13; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 116 Printed at 12:40 pm on 4/10/13 ### [Page 28](https://sfbos.info/documents/90/2013-02-26-minutes#page-28) Board of Supervisors Meeting Minutes 2/26/2013 130136 [Settlement of Lawsuit - Veronica Hinkley Reck - $70,000] Ordinance authorizing settlement of the lawsuit filed by Veronica Hinkley Reck against the City and County of San Francisco for $70,000; the lawsuit was filed on July 27, 2011, in Alameda Superior Court, Case No. RG-11-587571; entitled Veronica Hinkley Reck, et al. v. City and County of San Francisco, et al. (City Attorney) 02/11/13; RECEIVED FROM DEPARTMENT. 02/26/13; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 130110 [Street Artist Spaces - Market Street at Spear Street] Resolution approving designation of five selling spaces on Market Street, north side, at Spear Street, for Saturday use by street artists certified by the Arts Commission; exempting said spaces from the regulations of Police Code, Section 2405(c), relating to street artist display size, distance from entrances, and distance between artists’ displays. (Arts Commission) 02/11/13; RECEIVED FROM DEPARTMENT. 02/26/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 130137 [Settlement of Unlitigated Claim - SF Works - $110,000] Resolution approving the settlement of the unlitigated claim filed by the City and County of San Francisco against SF Works for $110,000. (City Attorney) 02/11/13; RECEIVED FROM DEPARTMENT. 02/26/13; RECEIVED AND ASSIGNED to Rules Committee. In Memoriams Yvonne Harris - Supervisor Cohen Cornelia Earlina Godfrey - Supervisor Kim Wenzell Phillip Jackson - Supervisor Cohen Lawrence Collins - Supervisor Avalos City and County of San Francisco Page 117 Printed at 12:40 pm on 4/10/13 ### [Page 29](https://sfbos.info/documents/90/2013-02-26-minutes#page-29) Board of Supervisors Meeting Minutes 2/26/2013 ADJOURNMENT There being no further business, the Board adjourned at the hour of 7:16 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 April 2, 2013. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 118 Printed at 12:40 pm on 4/10/13