Board of Supervisors Minutes: March 13, 2012

120174 [Appointments, SRO Task Force - Joshua Vining and Pratibha Tekkey] Motion appointing Joshua Vining and Pratibha Tekkey, terms ending December 31, 2012, to the SRO Task Force, residency requirement waived. (Clerk of the Board) Joshua Vining, seat 5 (residency requirement waived), succeeding Jorge Portillo, resigned, must be a representative of the Mission SRO Collaborative, for the unexpired portion of a three-year term ending December 31, 2012. Pratibha Tekkey, seat 6 (residency requirement waived), succeeding Jeffrey Buckley, resigned, must be a representative of the Central City SRO Collaborative, for the unexpired portion of a three-year term ending December 31, 2012. Motion No. M12-036 APPROVED The foregoing items were acted upon by the following vote:

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

120120 [Appropriating $706,500 of Fund Balance to the Department of Public Works - Jefferson Street Streetscape Improvement - FY2011-2012] Sponsors: Mayor; Chiu Ordinance appropriating $706,500 consisting of $706,500 in fund balance to the Department of Public Works in FY2011-2012 for the design of Jefferson Street Streetscape Improvements. (Fiscal Impact) Ordinance No. 048-12 FINALLY PASSED by the following vote:

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

111029 [Environment Code - Tenant Bicycle Parking in Existing Commercial Buildings] Sponsors: Avalos; Kim, Mar, Campos, Olague and Chiu Ordinance amending the San Francisco Environment Code, Section 400, and adding Section 402, to: 1) require the owners of existing commercial buildings to either provide secure bicycle parking in their buildings or allow their tenants to bring their bicycles into the building; 2) provide that the Ordinance's operative date is January 1, 2012, or 30 days from the effective date of the Ordinance, whichever is later; and 3) make environmental findings. Ordinance No. 046-12 FINALLY PASSED by the following vote:

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

Noes: Chu, Elsbernd

120190 [Accept and Expend Grant - 2011 Homeland Security Grant Program and Amendment to Annual Salary Ordinance - $1,434,644] Sponsor: Mayor Ordinance authorizing the Department of Emergency Management to retroactively accept and expend a FY2011 Homeland Security Grant Program grant in the amount of $1,434,644 from the United States Department of Homeland Security, through the California Emergency Management Agency, for building and sustaining preparedness capabilities; and amending Ordinance No. 146-11 (Annual Salary Ordinance, FY2011-2012 and FY2012-2013) to provide for the creation of one (1) grant-funded 0931 Manager III position (1 FTE) in the Department of Emergency Management. PASSED, ON FIRST READING by the following vote:

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

120139 [Airport Concession Lease - Hudson Group (HG) Retail, LLC] Resolution approving the Terminal 3 News and Specialty Store Lease between Hudson Group (HG) Retail, LLC, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 086-12 ADOPTED by the following vote:

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

120140 [Real Property Lease - 2712 Mission Street - Annual Rent of $768,000] Resolution authorizing a ten-year lease of 2712 Mission Street from Redwood Mortgage Investors VIII, A California Limited Partnership, for the Department of Public Health at an initial annual rent of $768,000. (Real Estate Department) Resolution No. 087-12 ADOPTED by the following vote:

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

120144 [Accept and Expend Grant - Wolfe Lane Community Garden Plot Terraces Rebuild - $116,000] Sponsor: Campos Resolution authorizing the Department of Recreation and Park to retroactively accept and expend a grant valued at $116,000 from the San Francisco Conservation Corps to rebuild community garden plot terraces at Wolfe Lane Community Garden. Resolution No. 089-12 ADOPTED by the following vote:

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

120145 [Accept and Expend Grant - Teen Center Learning Lab at Main Library and Citywide Framework - $99,680] Sponsor: Kim Resolution authorizing the Department of Public Library to retroactively accept and expend a grant in the amount of $99,680 from the Institute of Museum and Library Services for a planning process, in partnership with the Bay Area Video Coalition, the California Academy of Sciences, and KQED to achieve two primary goals to: 1) develop a vision, program design, and test a Teen Center Learning Lab at the Main Library; and 2) develop a citywide framework for incorporating content-based curriculum in a shared online platform, with the help of a broad consortium of youth service providers and a team of youth leaders across the City. Resolution No. 090-12 ADOPTED by the following vote:

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

120160 [Airport Concession Lease Amendment - Boarding Area B and C Books and News Store - Gateway Concessions, LLC] Resolution retroactively approving Amendment No. 1 to Boarding Area B and C Books and News Store Lease No. 04-0231 between Pacific Gateway Concessions, LLC, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 091-12 ADOPTED by the following vote:

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

120194 [Issuance of Tax-Exempt Revenue Obligation Bonds - The California School of Mechanical Arts (Lick-Wilmerding High School) - Not to Exceed $17,000,000] Sponsor: Avalos Resolution approving in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of tax-exempt obligations by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $17,000,000 for the refinancing of various capital facilities owned by The California School of Mechanical Arts (Lick-Wilmerding High School). Resolution No. 092-12 ADOPTED by the following vote:

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

120200 [Lease for Real Property - China Basin Ballpark Company, LLC. - Seawall Lot 337] Sponsors: Mayor; Chiu, Kim and Elsbernd Resolution approving Port Commission Lease No. L-14980 with China Basin Ballpark Company, LLC. (CBBC), for certain real property located at Seawall Lot 337 (“SWL 337”), including a license for certain areas of Pier 48 Shed A, Shed C, the Pier 48 Valley, and access to SWL 337 from surrounding public rights of way in the City and County of San Francisco for a term of five years. (Fiscal Impact) Resolution No. 085-12 ADOPTED by the following vote:

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

120046 [Administrative Code - Establish Policy Regarding Participation in Federal Counterterrorism Activities] Sponsors: Kim; Avalos, Campos, Chiu, Olague and Mar Ordinance amending the San Francisco Administrative Code by adding Section 2A.84 to: 1) set City policy regarding participation in federal counterterrorism activities; 2) set parameters for Police Department participation in the activities of the Federal Bureau of Investigation's Joint Terrorism Task Force and other counterterrorism activities; 3) urge the Chief of Police to amend or terminate the current agreement between the Police Department and the Federal Bureau of Investigation regarding the Joint Terrorism Task Force; and 4) urge the Police Commission to direct the Chief to amend or terminate that agreement. Supervisor Kim, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Ordinance amending the San Francisco Administrative Code by adding Section 2A.84 to: 1) set City policy regarding participation in Federal counterterrorism activities; and 2) set parameters for Police Department participation in the activities of the Federal Bureau of Investigation's Joint Terrorism Task Force and other counterterrorism activities. NOTE: This action requires a two-thirds vote pursuant to Charter Section 2.106. The Board may not amend the ordinance and may only veto in favor or in opposition to veto override. The Mayor's veto was received on April 10, 2012. Therefore, the Board of Supervisors will lose the ability to override unless it votes on the veto override on or before May 10, 2012. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

110983 [Employment Policies and Procedures Regarding Criminal History] Resolution authorizing the City and County of San Francisco to access state and federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. (Human Resources Department) Resolution No. 084-12 ADOPTED by the following vote:

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

120044 [Administrative Code - Reporting Responsibilities Relating to the Centralized and Publicly Accessible Online Database of Appointments to Advisory Bodies] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code Sections 1.57-2 through 1.57-5, to clarify the reporting responsibilities relating to the centralized and publicly accessible online database of information concerning appointments to City and County of San Francisco advisory bodies. PASSED, ON FIRST READING by the following vote:

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

Supervisor Kim was noted absent at 3:10 p.m. and present at 3:20 p.m. Supervisor Olague Excused from Voting Supervisor Campos, seconded by Supervisor Farrell, moved that Supervisor Olague be excused from voting on File No. 120175. The motion carried by the following vote:

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

Absent: Kim

Excused: Olague

120175 [Appointment, San Francisco LAFCo - Supervisor Christina Olague] Motion appointing Supervisor Christina Olague, term ending February 4, 2014, to the San Francisco Local Agency Formation Commission. (Clerk of the Board) Motion No. M12-037 APPROVED by the following vote:

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

Absent: Kim

Excused: Olague

OSED SESSION The Board recessed at the hour of 3:50 p.m. to convene in closed session pursuant to File No. 120231 (Motion No. M12-038). The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Persons in attendance: Cheryl Adams, Deputy City Attorney Monique Zmuda, Deputy Controller Martin Gran, Director of Employee Relations Micki Callahan, Director of Department of Human Resources Kate Howard, Director, Mayor's Office of Public Policy and Finance Angela Calvillo, Clerk of the Board Alisa Miller, Office of the Clerk of the Board Matter was HEARD in Closed Session and FILED. RECONVENING OF THE BOARD The Board at the hour of 4:36 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener [Elect Not to Disclose] Motion that the Board finds that it is in the best interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Avalos, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

120232 [Accept and Expend Grant - Accessibility Training and Improving Polling Place Accessibility - $20,000] Sponsor: Farrell Resolution authorizing the Department of Elections to accept and expend Help America Vote Act (HAVA) Section 261 funds in an amount not to exceed $20,000 for improving polling place accessibility in accordance with the California Secretary of State’s Accessibility Training Program. Resolution No. 094-12 ADOPTED The foregoing items were acted upon by the following vote:

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

120205 [Opposing Assembly Bill 1678 - Regarding Restrictions on Food Trucks’ Proximity to Schools] Sponsors: Wiener; Chiu, Olague and Campos Resolution opposing Assembly Bill 1678, regarding restrictions on food trucks’ proximity to schools. Supervisor Wiener, seconded by Supervisor Campos, moved that this Resolution be TABLED. The motion carried by the following vote:

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

120214 [Authorizing Preparation of Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the June 5, 2012, Consolidated Presidential Primary Municipal Election] Motion authorizing preparation of written proponent and opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 5, 2012, Consolidated General Municipal Election. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Farrell, moved that this Motion be AMENDED by authorizing Supervisors Wiener and Elsbernd to prepare opponent ballot arguments and rebuttal ballot arguments for Garbage Collection and Disposal and Coit Tower, respectively. The motion carried by the following vote:

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

Motion authorizing preparation of written opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 5, 2012, Consolidated Presidential Primary Municipal Election. (Clerk of the Board) Motion No. M12-039 APPROVED AS AMENDED by the following vote:

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