# Board of Supervisors Minutes: March 20, 2012 - Meeting date: 2012-03-20 - Document type: minutes - Pages in official PDF: 15 - [Canonical HTML transcript](https://sfbos.info/documents/18/2012-03-20-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=191659&GUID=2B1A88D8-552D-4781-B1D3-6F87F1F9FEB6) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 120190: Accept and Expend Grant - 2011 Homeland Security Grant Program and Amendment to Annual Salary Ordinance - $1,434,644 - Pages: 3 ### File 120165: Liquor License - 1749 Union Street - Pages: 3 ### File 120166: Liquor License Transfer - 351 California Street - Pages: 3-4 ### File 120044: Administrative Code - Reporting Responsibilities Relating to the Centralized and Publicly Accessible Online Database of Appointments to Advisory Bodies - Pages: 4 - Vote 1: final-passage, likely final - Action: 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. Ordinance No. 050-12 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120046: Administrative Code - Establish Policy Regarding Participation in Federal Counterterrorism Activities - Pages: 4-5 - Vote 1: continuance - Action: 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; 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. Supervisor Kim, seconded by Supervisor Olague, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to March 27, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120049: Appropriating $1,000,000 for the Small Business Revolving Loan Fund Program - Office of Economic and Workforce Development - Pages: 5 - Vote 1: first-reading - Action: 120049 [Appropriating $1,000,000 for the Small Business Revolving Loan Fund Program - Office of Economic and Workforce Development] Sponsors: Mayor; Chiu, Wiener, Olague, Farrell, Kim and Cohen Ordinance appropriating $1,000,000 of General Fund prior year fund balance for the Small Business Revolving Loan Fund Program in the Office of Economic and Workforce Development for FY2011-2012 and placing $500,000 on Budget and Finance Committee Reserve pending an update on the program. (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120197: Accept and Expend Grant - Nurse Family Partnership - $650,123 - Pages: 5 - Vote 1: adoption, likely final - Action: 120197 [Accept and Expend Grant - Nurse Family Partnership - $650,123] Sponsor: Cohen Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a Federal pass-through State grant in the amount of $650,123 from the California Department of Public Health to participate in a program entitled “Nurse Family Partnership” for the period of February 1, 2012, through June 30, 2012. Resolution No. 099-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120198: Accept and Expend Grant - State Vocational Rehabilitation Services Program - $135,600 - Pages: 5-6 - Vote 1: adoption, likely final - Action: 120198 [Accept and Expend Grant - State Vocational Rehabilitation Services Program - $135,600] Sponsor: Cohen Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a State grant in the amount of $135,600 from the Department of Rehabilitation to participate in a program entitled “State Vocational Rehabilitation Services Program” for the period of July 1, 2010, through June 30, 2013, waiving indirect costs. Resolution No. 100-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120199: Contract Amendment - Stratus Technologies, Inc. - $3,486,580 and Extended Term - Pages: 6 - Vote 1: adoption, likely final - Action: 120199 [Contract Amendment - Stratus Technologies, Inc. - $3,486,580 and Extended Term] Sponsor: Mayor Resolution retroactively authorizing the Department of Emergency Management to enter into the Ninth Amendment of an Agreement between the City and County of San Francisco and Stratus Technologies, Inc., to increase the contract amount to $3,486,580 and extend the term of the Agreement through June 30, 2014. (Fiscal Impact) Resolution No. 101-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120196: Accept and Expend Grant - Cayuga Playground and Clubhouse - $710,779 - Pages: 6 - Vote 1: adoption, likely final - Action: 120196 [Accept and Expend Grant - Cayuga Playground and Clubhouse - $710,779] Sponsor: Avalos Resolution authorizing the Recreation and Parks Department to retroactively accept and expend an Urban Greening grant in the amount of $710,779 for Cayuga Playground and Clubhouse funded by the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). Resolution No. 095-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120075: Street Encroachment - Bus Stop Signs - Golden Gate Transit Bus Routes - Pages: 6 - Vote 1: adoption, likely final - Action: 120075 [Street Encroachment - Bus Stop Signs - Golden Gate Transit Bus Routes] Sponsor: Elsbernd Resolution: 1) granting revocable permission to Golden Gate Bridge Highway and Transportation District (Golden Gate Transit) to occupy portions of the public right-of-way to replace existing bus stop signs and install and maintain new bus stop signs at various locations along existing Golden Gate Transit bus routes; and 2) making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. Supervisor Elsbernd requested to be added as sponsor. Resolution No. 096-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120183: Public Hearing - Conditional Use Appeal - 1111 California Street - Pages: 7 - Vote 1: continuance - Action: Hearing of persons interested in or objecting to the decision of the Planning Commission's January 19, 2012, approval of a Conditional Use Authorization identified as Planning Case No. 2011.0471C, by its Motion No. 18520, pursuant to Planning Code Sections 185(e) and 303, to continue the existing non-conforming assembly and entertainment uses of the “Nob Hill Masonic Center”, and to continue the existing food and beverage service uses within the center, on a property within the RM-4 (Residential Mixed, Medium Density) District, the 65-A Height and Bulk District, and the Nob Hill Special Use District, located at 1111 California Street, Assessor’s Block No. 0253, Lot No. 020. (District 3) (Appellants: Stephen Gomez on behalf of the Nob Hill Coalition, James Wall on behalf of the Nob Hill Association, William Terrell, Elizabeth Pomada, Donna Muse, and Aldo Caccamo) (Filed February 21, 2012). The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance. There were no speakers. Supervisor Farrell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to March 27, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague - Absent: Mar - Excused: Chu, Cohen, Wiener ### File 120184: Approving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street - Pages: 7-8 - Vote 1: continuance - Action: 120184 [Approving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street] Motion approving decision of the Planning Commission by its Motion No. 18520, approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street, and adopting findings pursuant to Planning Code Section 101.1. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 27, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague - Absent: Mar - Excused: Chu, Cohen, Wiener ### File 120185: Disapproving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street; Approving Conditional Use as Modified by the Board of Supervisors - Pages: 8 - Vote 1: continuance - Action: 120185 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street; Approving Conditional Use as Modified by the Board of Supervisors] Motion disapproving decision of the Planning Commission by its Motion No. 18520, approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 27, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague - Absent: Mar - Excused: Chu, Cohen, Wiener ### File 120186: Preparation of Findings Related to the Conditional Use Authorization - 1111 California Street - Pages: 8 - Vote 1: continuance - Action: 120186 [Preparation of Findings Related to the Conditional Use Authorization - 1111 California Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 27, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague - Absent: Mar - Excused: Chu, Cohen, Wiener ### File 120247: Accept and Expend Grant - Evaluating the Impact on Student Nutrition and National Food Programs of Eliminating Competitive Meals in Schools - $49,090 - Pages: 9 ### File 120248: Accept and Expend Grant - Juvenile Detention Reform - $34,603 - Pages: 9 - Vote 1: adoption, likely final - Action: 120248 [Accept and Expend Grant - Juvenile Detention Reform - $34,603] Sponsor: Olague Resolution authorizing the Department of Juvenile Probation to retroactively accept and expend a grant in the amount of $34,603 from the Annie E. Casey Foundation for continuing support of the juvenile justice reform activities at the Juvenile Probation Department. Resolution No. 103-12 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120261: Professional Social Work Month - March 2012 - Pages: 10 - Vote 1: adoption, likely final - Action: 120261 [Professional Social Work Month - March 2012] Sponsor: Avalos Resolution declaring March 2012 as Professional Social Work Month in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to File No. 120261. There were no speakers. The President declared public comment closed. Resolution No. 104-12 Supervisor Avalos, seconded by Supervisor Farrell, moved that this Resolution be ADOPTED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague - Excused: Chu, Cohen, Wiener ### File 120282: Contract Approval - Certain Improvements to Port Property for 34th America's Cup Event; Authorizing Waiver of Certain Bidding and Contracting Requirements - Pages: 10 ### File 120283: De-Appropriating $6,672,963 in Salaries and Fringe Benefits and Re-Appropriating to Overtime in the Fire Department for FY2011-2012 - Pages: 10-11 ### File 120284: De-Appropriating $2,525,468 in Fringe Benefits and Re-Appropriating to Overtime in the Police Department for FY2011-2012 - Pages: 11 ### File 120285: De-Appropriating $320,000 in Salaries and Re-Appropriating to Overtime in the Public Utilities Commission for FY2011-2012 - Pages: 11 ### File 111077: Police Code - Security Plans for Commercial Parking Garages and Lots - Pages: 11 ### File 120188: Planning, Building Codes - Fee Waiver Program - Small Business Month - May 2012 - Pages: 11-12 ### File 120286: Support for State and Federal Measures to Protect Homeowners and Suspension of Foreclosure Activities in San Francisco - Pages: 12 ### File 120287: Master Tournament Agreement Amendment - Harding Park Golf Course - PGA TOUR, Inc. - Pages: 12 ### File 120288: Acceptance of Gift of Nursery for Golden Gate Park Botanical Garden - Pages: 12 ### File 120289: Apply for, Accept and Expend Grant - California Catalyst Community Grant Program - $1,350,000 - Pages: 12 ### File 120290: Apply For Caltrans Transportation Planning Grants - Pages: 12 ### File 120291: Recognizing International Day Against Homophobia and Transphobia - Pages: 12-13 ### File 120292: Supporting Assembly Bill 1831 - Regarding Expansion of California’s “Ban the Box” Policy - Pages: 13 ### File 120293: Urging the Mayor and City Departments to Prioritize Youth Employment During Business Negotiations - Pages: 13 ### File 120294: Hearing - Prevention of Trash and Recycle Bin Scavenging - Pages: 13 ### File 120238: Settlement of Lawsuit - Fonseca v. Fong, et al. - $73,000 - Pages: 13 ### File 120239: Settlement of Lawsuit - Preston, et al. v. CCSF, et al. - $100,000 - Pages: 13-14 ### File 120217: Street Artist Spaces - Market Street, North Side, Spear to Steuart Streets - Pages: 14 ### File 120237: Airport Professional Services Agreement - New South Parking - California - Not to Exceed $95,969,983 - Pages: 14 ### File 120253: Airline/Airport 2011 Lease and Use Agreement - Various Airlines - Pages: 14-15 ## Extracted text ### [Page 1](https://sfbos.info/documents/18/2012-03-20-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES - FINAL Tuesday, March 20, 2012 - 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, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, CHRISTINA OLAGUE, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Chu, Avalos, Kim, Cohen, Wiener 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Chu, Avalos, Kim 10:00 AM City and School District Select Committee 4th Thursday Supervisors Campos, Olague, Chiu, Commissioners Fewer, Maufas, Mendoza 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Elsbernd, Chu, Olague 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Farrell, Elsbernd, Chiu 1:00 PM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Avalos, Olague, Mar 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Farrell, Campos 1:30 PM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 107 Number 9 ### [Page 2](https://sfbos.info/documents/18/2012-03-20-minutes#page-2) Board of Supervisors Meeting Minutes - Final 3/20/2012 Members Present: John Avalos, David Campos, David Chiu, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, and Christina Olague ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:05 p.m. On the call of the roll, Supervisors Chu, Cohen, and Wiener were noted absent. There was a quorum. Supervisors Chu, Cohen, and Wiener Excused from Voting Supervisor Elsbernd, seconded by Supervisor Campos, moved that Supervisors Chu, Cohen, and Wiener be excused from voting. The motion carried by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Campos, moved to approve the Board Meeting Minutes of February 14, 2012. The motion carried by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener COMMUNICATIONS There were none. City and County of San Francisco Page 167 Printed at 2:27 pm on 4/24/12 ### [Page 3](https://sfbos.info/documents/18/2012-03-20-minutes#page-3) Board of Supervisors Meeting Minutes - Final 3/20/2012 CONSENT AGENDA Recommendation of the Budget and Finance Committee 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. Ordinance No. 051-12 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 120165 [Liquor License - 1749 Union Street] Resolution determining that the issuance of a Type 20 off-sale beer and wine license to 1749 Union Street (District 2), to Lorrie Hoel for Wine's About You, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 097-12 ADOPTED 120166 [Liquor License Transfer - 351 California Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 2339-3rd Street to 351 California Street (District 3), to LandMark Retail Group for CVS Pharmacy, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 098-12 ADOPTED City and County of San Francisco Page 168 Printed at 2:27 pm on 4/24/12 ### [Page 4](https://sfbos.info/documents/18/2012-03-20-minutes#page-4) Board of Supervisors Meeting Minutes - Final 3/20/2012 Recommendation of the Rules Committee 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. Ordinance No. 050-12 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Public Safety Committee 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; 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. Supervisor Kim, seconded by Supervisor Olague, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to March 27, 2012. The motion carried by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener City and County of San Francisco Page 169 Printed at 2:27 pm on 4/24/12 ### [Page 5](https://sfbos.info/documents/18/2012-03-20-minutes#page-5) Board of Supervisors Meeting Minutes - Final 3/20/2012 NEW BUSINESS Recommendations of the Budget and Finance Committee 120049 [Appropriating $1,000,000 for the Small Business Revolving Loan Fund Program - Office of Economic and Workforce Development] Sponsors: Mayor; Chiu, Wiener, Olague, Farrell, Kim and Cohen Ordinance appropriating $1,000,000 of General Fund prior year fund balance for the Small Business Revolving Loan Fund Program in the Office of Economic and Workforce Development for FY2011-2012 and placing $500,000 on Budget and Finance Committee Reserve pending an update on the program. (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener 120197 [Accept and Expend Grant - Nurse Family Partnership - $650,123] Sponsor: Cohen Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a Federal pass-through State grant in the amount of $650,123 from the California Department of Public Health to participate in a program entitled “Nurse Family Partnership” for the period of February 1, 2012, through June 30, 2012. Resolution No. 099-12 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener 120198 [Accept and Expend Grant - State Vocational Rehabilitation Services Program - $135,600] Sponsor: Cohen Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a State grant in the amount of $135,600 from the Department of Rehabilitation to participate in a program entitled “State Vocational Rehabilitation Services Program” for the period of July 1, 2010, through June 30, 2013, waiving indirect costs. Resolution No. 100-12 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener City and County of San Francisco Page 170 Printed at 2:27 pm on 4/24/12 ### [Page 6](https://sfbos.info/documents/18/2012-03-20-minutes#page-6) Board of Supervisors Meeting Minutes - Final 3/20/2012 120199 [Contract Amendment - Stratus Technologies, Inc. - $3,486,580 and Extended Term] Sponsor: Mayor Resolution retroactively authorizing the Department of Emergency Management to enter into the Ninth Amendment of an Agreement between the City and County of San Francisco and Stratus Technologies, Inc., to increase the contract amount to $3,486,580 and extend the term of the Agreement through June 30, 2014. (Fiscal Impact) Resolution No. 101-12 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener Recommendation of the City Operations and Neighborhood Services Committee 120196 [Accept and Expend Grant - Cayuga Playground and Clubhouse - $710,779] Sponsor: Avalos Resolution authorizing the Recreation and Parks Department to retroactively accept and expend an Urban Greening grant in the amount of $710,779 for Cayuga Playground and Clubhouse funded by the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). Resolution No. 095-12 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener Recommendation of the Land Use and Economic Development Committee 120075 [Street Encroachment - Bus Stop Signs - Golden Gate Transit Bus Routes] Sponsor: Elsbernd Resolution: 1) granting revocable permission to Golden Gate Bridge Highway and Transportation District (Golden Gate Transit) to occupy portions of the public right-of-way to replace existing bus stop signs and install and maintain new bus stop signs at various locations along existing Golden Gate Transit bus routes; and 2) making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. Supervisor Elsbernd requested to be added as sponsor. Resolution No. 096-12 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener SPECIAL ORDER 3:30 P.M. - Recognition of Commendations There were none. City and County of San Francisco Page 171 Printed at 2:27 pm on 4/24/12 ### [Page 7](https://sfbos.info/documents/18/2012-03-20-minutes#page-7) Board of Supervisors Meeting Minutes - Final 3/20/2012 The Board recessed at the hour of 2:57 p.m. The Board reconvened at the hour of 4:00 p.m. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Elsbernd, Farrell, Olague. Supervisor Kim was noted present at 4:01 p.m. SPECIAL ORDER 4:00 P.M. 120183 [Public Hearing - Conditional Use Appeal - 1111 California Street] Hearing of persons interested in or objecting to the decision of the Planning Commission's January 19, 2012, approval of a Conditional Use Authorization identified as Planning Case No. 2011.0471C, by its Motion No. 18520, pursuant to Planning Code Sections 185(e) and 303, to continue the existing non-conforming assembly and entertainment uses of the “Nob Hill Masonic Center”, and to continue the existing food and beverage service uses within the center, on a property within the RM-4 (Residential Mixed, Medium Density) District, the 65-A Height and Bulk District, and the Nob Hill Special Use District, located at 1111 California Street, Assessor’s Block No. 0253, Lot No. 020. (District 3) (Appellants: Stephen Gomez on behalf of the Nob Hill Coalition, James Wall on behalf of the Nob Hill Association, William Terrell, Elizabeth Pomada, Donna Muse, and Aldo Caccamo) (Filed February 21, 2012). The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance. There were no speakers. Supervisor Farrell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to March 27, 2012. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague Excused: 3 - Chu, Cohen, Wiener Absent: 1 - Mar The President CONTINUED the Hearing open to March 27, 2012. 120184 [Approving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street] Motion approving decision of the Planning Commission by its Motion No. 18520, approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street, and adopting findings pursuant to Planning Code Section 101.1. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 27, 2012. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague Excused: 3 - Chu, Cohen, Wiener Absent: 1 - Mar City and County of San Francisco Page 172 Printed at 2:27 pm on 4/24/12 ### [Page 8](https://sfbos.info/documents/18/2012-03-20-minutes#page-8) Board of Supervisors Meeting Minutes - Final 3/20/2012 120185 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street; Approving Conditional Use as Modified by the Board of Supervisors] Motion disapproving decision of the Planning Commission by its Motion No. 18520, approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 27, 2012. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague Excused: 3 - Chu, Cohen, Wiener Absent: 1 - Mar 120186 [Preparation of Findings Related to the Conditional Use Authorization - 1111 California Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 27, 2012. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Olague Excused: 3 - Chu, Cohen, Wiener Absent: 1 - Mar ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library and open government. Ray Hartz; expressed concerns relating to the SF Public Library and open government. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed various concerns relating to family values. Patty Sinn; expressed concerns relating to the transfer tree project. Douglas Yep; expressed various concerns. Tony Bowles; spoke in support for medical cannabis. Male Speaker; spoke in support for medical cannabis. David Welsh; spoke expressing concerns relating to foreclosures. Morningstar Vancil; expressed various concerns relating to noise. City and County of San Francisco Page 173 Printed at 2:27 pm on 4/24/12 ### [Page 9](https://sfbos.info/documents/18/2012-03-20-minutes#page-9) Board of Supervisors Meeting Minutes - Final 3/20/2012 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 120247 [Accept and Expend Grant - Evaluating the Impact on Student Nutrition and National Food Programs of Eliminating Competitive Meals in Schools - $49,090] Sponsor: Olague Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $49,090 from the Robert Wood Johnson Foundation to participate in a program entitled “Evaluating the Impact on Student Nutrition and National Food Programs of Eliminating Competitive Meals in Schools” for the period of November 1, 2011, through October 31, 2012. Resolution No. 102-12 ADOPTED 120248 [Accept and Expend Grant - Juvenile Detention Reform - $34,603] Sponsor: Olague Resolution authorizing the Department of Juvenile Probation to retroactively accept and expend a grant in the amount of $34,603 from the Annie E. Casey Foundation for continuing support of the juvenile justice reform activities at the Juvenile Probation Department. Resolution No. 103-12 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Avalos, seconded by Supervisor Campos, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener [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 Avalos, seconded by Supervisor Campos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener City and County of San Francisco Page 174 Printed at 2:27 pm on 4/24/12 ### [Page 10](https://sfbos.info/documents/18/2012-03-20-minutes#page-10) Board of Supervisors Meeting Minutes - Final 3/20/2012 120261 [Professional Social Work Month - March 2012] Sponsor: Avalos Resolution declaring March 2012 as Professional Social Work Month in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to File No. 120261. There were no speakers. The President declared public comment closed. Resolution No. 104-12 Supervisor Avalos, seconded by Supervisor Farrell, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Elsbernd, Farrell, Kim, Mar, Olague Excused: 3 - Chu, Cohen, Wiener LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 120282 [Contract Approval - Certain Improvements to Port Property for 34th America's Cup Event; Authorizing Waiver of Certain Bidding and Contracting Requirements] Sponsor: Mayor Ordinance waiving competitive bidding and solicitation requirements of the Administrative Code and authorizing the Director of the Port to execute an amendment to the Port's contract with Turner Construction Company to perform certain improvements to Piers 27-29, Piers 19 and 23, and to Piers 30-32; or alternatively, to enter into an agreement with second highest-ranked proposer for the Pier 27 Cruise Ship Terminal and Northeast Wharf Plaza Project for the improvements or enter into an agreement with the America's Cup Event Authority for assignment of its contract with Power Engineering Construction Company to the Port for improvements to Piers 30-32 related to the 34th America's Cup Event and exempting the assigned agreement from contracting requirements of the Administrative Code and Environment Code; and further, authorizing the Director of the Port to enter into a contract with AECOM for engineering services for improvements to Piers 30-32 related to the 34th America's Cup Event. (Fiscal Impact) 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 120283 [De-Appropriating $6,672,963 in Salaries and Fringe Benefits and Re-Appropriating to Overtime in the Fire Department for FY2011-2012] Sponsor: Mayor Ordinance de-appropriating $8,500,000 consisting of $5,000,000 in salaries and $3,500,000 in fringe benefits in the Fire Department’s operating budget and re-appropriating $8,500,000 to overtime in order to support the department’s projected increases in overtime as required per Ordinance No. 194-11, and requires a two-thirds vote of all members of the Board of Supervisors for approval. 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. City and County of San Francisco Page 175 Printed at 2:27 pm on 4/24/12 ### [Page 11](https://sfbos.info/documents/18/2012-03-20-minutes#page-11) Board of Supervisors Meeting Minutes - Final 3/20/2012 120284 [De-Appropriating $2,525,468 in Fringe Benefits and Re-Appropriating to Overtime in the Police Department for FY2011-2012] Sponsor: Mayor Ordinance de-appropriating $3,000,000 in fringe benefits in the Police Department’s operating budget and re-appropriating $3,000,000 to overtime in order to support the department’s projected increases in overtime as required per Ordinance No. 194-11. (Fiscal Impact) 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 120285 [De-Appropriating $320,000 in Salaries and Re-Appropriating to Overtime in the Public Utilities Commission for FY2011-2012] Sponsor: Mayor Ordinance de-appropriating $320,000 consisting of $250,000 in salaries in the Public Utilities Commission Clean Water Department operating budget and re-appropriating $250,000 to overtime, and de-appropriating $70,000 in salaries in the Public Utilities Commission Hetch Hetchy Power Department and re-appropriating $70,000 to overtime, in order to support the department’s projected increases in overtime as required per Ordinance No. 194-11, and requires a two-thirds vote of all members of the Board of Supervisors for approval. 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 111077 [Police Code - Security Plans for Commercial Parking Garages and Lots] Sponsors: Chiu; Wiener Ordinance amending the San Francisco Police Code Sections 1215 through 1215.4 and adding Section 1215.7 to: 1) require a security plan as part of an application for a commercial parking permit; 2) set requirements for security plans; 3) authorize the Chief of Police to suspend or revoke a commercial parking permit for violation of an approved security plan; 4) authorize the Chief of Police to promulgate rules that set requirements for security plans; and 5) authorize enforcement by the City Attorney in a civil action; and making environmental findings. 10/04/11; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 11/3/2011. 10/14/11; REFERRED TO DEPARTMENT. 03/20/12; SUBSTITUTED AND ASSIGNED to Public Safety Committee. 120188 [Planning, Building Codes - Fee Waiver Program - Small Business Month - May 2012] Sponsors: Chu; Mar and Kim Ordinance: 1) recognizing Small Business Month in May 2012; 2) amending the San Francisco Planning and Building Codes to waive fees for the month of May for certain façade improvements; 3) making findings including environmental findings, findings of consistency with the General Plan, and priority policies of Planning Code Section 101.1. 02/28/12; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/29/2012. 03/06/12; REFERRED TO DEPARTMENT. 03/12/12; RESPONSE RECEIVED. 03/20/12; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 176 Printed at 2:27 pm on 4/24/12 ### [Page 12](https://sfbos.info/documents/18/2012-03-20-minutes#page-12) Board of Supervisors Meeting Minutes - Final 3/20/2012 Resolutions 120286 [Support for State and Federal Measures to Protect Homeowners and Suspension of Foreclosure Activities in San Francisco] Sponsors: Avalos; Campos, Chiu, Kim, Mar, Olague and Cohen Resolution supporting the California Homeowner Bill of Rights; urging City and County officials and departments to protect homeowners from unlawful foreclosures; and urging City contractors and all mortgage and banking institutions, especially San Francisco-based Wells Fargo, to suspend foreclosure activities and related auctions and evictions until State and Federal measures to protect homeowners from unfair and unlawful practices and provisions for principal reductions are in place. 03/20/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120287 [Master Tournament Agreement Amendment - Harding Park Golf Course - PGA TOUR, Inc.] Sponsor: Elsbernd Resolution approving and authorizing the execution of a Third Amendment to the Master Tournament Agreement with PGA TOUR, Inc., for the use of Harding Park Golf Course for certain professional golf tournaments. (Fiscal Impact) 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 120288 [Acceptance of Gift of Nursery for Golden Gate Park Botanical Garden] Sponsors: Mar; Olague and Chu Resolution accepting a gift-in-place to the City and County of San Francisco of the San Francisco Botanical Garden Nursery: Center for Sustainable Gardening valued at approximately $14,000,000; and making findings, including environmental findings. 03/20/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120289 [Apply for, Accept and Expend Grant - California Catalyst Community Grant Program - $1,350,000] Sponsor: Mayor Resolution authorizing the Director of the Office of Economic and Workforce Development to apply for, accept and expend grant funds in the amount of $1,350,000 from the California Department of Housing and Community Development's Catalyst Community Grant Program. 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 120290 [Apply For Caltrans Transportation Planning Grants] Sponsor: Mayor Resolution authorizing the Planning Department to apply for planning grants from the California Department of Transportation (Caltrans). 120291 [Recognizing International Day Against Homophobia and Transphobia] Sponsors: Campos; Olague, Kim, Chiu and Avalos Resolution recognizing International Day Against Homophobia and Transphobia and calling upon City officials to lower the American and United Nations Flags in United Nations Plaza for a 24-hour period on May 17, 2012. City and County of San Francisco Page 177 Printed at 2:27 pm on 4/24/12 ### [Page 13](https://sfbos.info/documents/18/2012-03-20-minutes#page-13) Board of Supervisors Meeting Minutes - Final 3/20/2012 120292 [Supporting Assembly Bill 1831 - Regarding Expansion of California’s “Ban the Box” Policy] Sponsors: Olague; Campos and Avalos Resolution supporting Assembly Bill 1831, which expands California’s “Ban the Box” policy for state and public employees to city and county workers statewide. 120293 [Urging the Mayor and City Departments to Prioritize Youth Employment During Business Negotiations] Sponsor: Olague Resolution urging the Mayor and City Departments to include Youth Involvement Plans when negotiating with new businesses coming to San Francisco, in order to increase the number of employment opportunities for San Francisco’s young people. Request for Hearing 120294 [Hearing - Prevention of Trash and Recycle Bin Scavenging] Sponsors: Olague; Farrell Hearing to request presentation from Recology and Department of Public Works regarding impacts of trash and recycle bin scavenging and the solutions to prevent the situation in both residential and commercial neighborhoods. 03/20/12; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Introduced by the President at the Request of a Department PROPOSED ORDINANCES 120238 [Settlement of Lawsuit - Fonseca v. Fong, et al. - $73,000] Ordinance authorizing settlement of the lawsuit filed by Charles Fonseca against the City and County of San Francisco for $73,000 in attorney's fees and costs; the lawsuit was filed on May 4, 2007, in San Francisco Superior Court, Case No. CPF-07-507227; entitled Fonseca v. Heather Fong, et al. (City Attorney) 03/09/12; RECEIVED FROM DEPARTMENT. 03/20/12; RECEIVED AND ASSIGNED to Rules Committee. 120239 [Settlement of Lawsuit - Preston, et al. v. CCSF, et al. - $100,000] Ordinance authorizing settlement of the lawsuit filed by Bonnie Preston against the City and County of San Francisco for $100,000; the lawsuit was filed on June 16, 2010, in San Francisco Superior Court, Case No. CGC-10-499015; entitled Bonnie Preston, et al. v. City and County of San Francisco, et al. (City Attorney) 03/09/12; RECEIVED FROM DEPARTMENT. 03/20/12; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 178 Printed at 2:27 pm on 4/24/12 ### [Page 14](https://sfbos.info/documents/18/2012-03-20-minutes#page-14) Board of Supervisors Meeting Minutes - Final 3/20/2012 PROPOSED RESOLUTIONS 120217 [Street Artist Spaces - Market Street, North Side, Spear to Steuart Streets] Resolution approving for six months designation of two temporary selling spaces on Market Street, North Side, Spear to Steuart Streets, for street artists certified by Arts Commission, City and County of San Francisco; and exempting said spaces from the regulations of Police Code Section 2405 relating to street artist display size. (Arts Commission) 03/07/12; RECEIVED FROM DEPARTMENT. 03/20/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120237 [Airport Professional Services Agreement - New South Parking - California - Not to Exceed $95,969,983] Resolution approving the Professional Services Agreement for the management and operation of the Airport’s Public and Employee Parking between New South Parking - California and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) 03/08/12; RECEIVED FROM DEPARTMENT. 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 120253 [Airline/Airport 2011 Lease and Use Agreement - Various Airlines] Resolution approving four new 2011 Airline/Airport Lease and Use Agreements between the City and County of San Francisco and various airlines, effective upon full City approval, to conduct flight operations at the San Francisco International Airport. (Airport Commission) 02/29/12; RECEIVED FROM DEPARTMENT. 03/20/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. In Memoriam Takayuki Clarence Seki – Supervisor Mar City and County of San Francisco Page 179 Printed at 2:27 pm on 4/24/12 ### [Page 15](https://sfbos.info/documents/18/2012-03-20-minutes#page-15) Board of Supervisors Meeting Minutes - Final 3/20/2012 ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:02 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 24, 2012. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 180 Printed at 2:27 pm on 4/24/12