Board of Supervisors Minutes: October 27, 2009

091131 [Appointment, Children and Family First Commission - Maria Su] Motion appointing Maria Su, for an indefinite term, to the Children and Families First Commission. Maria Su, succeeding September Jarrett, resigned, seat 4, must be the Director of the Office of Children, Youth and Their Families or his or her designee, for an indefinite term. Motion No. M09-173 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091138 [Public Employment - Department of Human Resources] Sponsor: Chiu Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance FY 2009-2010) to reflect the addition of four (2.32 FTE) Class 1064L IS Programmer Analyst - Principal and four (2.32 FTE) Class 1054L IS Business Analyst - Principal and two (1.16 FTE) Class 1043L IS Engineer - Senior in the Department of Human Resources (DHR). (Fiscal Impact.) Ordinance No. 227-09 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091168 [Appropriating $150,000 of General Fund Reserve to General City Responsibility for Emergency Aid Relief in the Philippines, Samoa and Indonesia] Sponsors: Daly; Campos Ordinance appropriating $150,000 from the General Fund Reserve to General City Responsibility for emergency aid relief for the people of the Philippines, Samoa and Indonesia related to recent natural disasters for Fiscal Year 2009-2010, and placing the total appropriation of $150,000 on Budget and Finance Committee reserve pending submittal of a detailed expenditure plan. (Supervisor Chu dissented in Committee.) Ordinance No. 221-09 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Elsbernd

090477 [Amending Planning Code - South of Market (SOMA) Community Stabilization Fund] Sponsor: Daly Ordinance amending Section 318.2 and 318.7 of the San Francisco Planning Code to clarify certain provisions relating to the South of Market (SOMA) Stabilization Fund to clarify that the Mayor's Office of Community Investment, the successor to the Mayor's Office of Community Development, will manage and expend the Fund; and amending Section 318.3 to clarify that the SOMA Stabilization fee is due before issuance of the final certificate of occupancy or within a time certain after the issuance of a first certificate of occupancy, whichever is sooner; and making certain findings including findings under the California Environmental Quality Act. Ordinance No. 222-09 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091032 [Confidentiality of Juveniles' Immigration Status] Sponsors: Campos; Avalos, Chiu, Dufty, Mar, Maxwell, Mirkarimi and Daly Ordinance amending the San Francisco Administrative Code by amending Sections 12H.2, 12H.2-1, and 12H.3 to allow City law enforcement officers and employees to report information regarding the immigration status of a juvenile to any state or federal agency when the juvenile has been adjudicated to be a ward of the court on the ground of felony conduct, the court makes a finding of probable cause after the District Attorney directly files felony criminal charges against the minor, or the juvenile court determines that the minor is unfit to be tried in juvenile court and the superior court makes a finding of probable cause; and to update references to the federal agency responsible for enforcing federal immigration laws. (Supervisor Alioto-Pier dissented in committee.) Ordinance No. 228-09 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Elsbernd

090999 [Waiving contracting provisions to allow the City to meet State requirements to participate in Proposition 1A bond sale] Sponsors: Mayor; Avalos Emergency ordinance (1) finding that an emergency exists for purposes of Charter Section 2.107; and (2) waiving certain City contracting provisions that are not allowed by the State under the State's standard form of purchase and sale agreement with the California Statewide Communities Development Authority and thus allowing the City to meet the deadline to participate in the State program to issue bonds to offset the adverse effects of the State's Proposition 1A borrowing of local property taxes. (Fiscal Impact.) Ordinance No. 213-09 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

091094 [Approving agreements for procurement, installation and implementation of San Francisco Public Utilities Commission Advanced Meter Infrastructure System] Ordinance approving agreements necessary for the procurement, installation and implementation of the San Francisco Public Utilities Commission's Advanced Meter Infrastructure System, including Water Enterprise Agreement No. CS-936 with VSI Meter Services, Inc., related software license and maintenance agreements with Aclara RF Systems Inc., and a related source code escrow agreement with Aclara RF Systems and U.S. Bank National Association, under Charter Section 9.118; making findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1; and ratifying the procurement and contracting processes used by the San Francisco Public Utilities Commission. (Public Utilities Commission) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

091169 [Accept and Expend Federal Grant - Police Department - $16,562,750] Sponsor: Mayor Ordinance authorizing the City and County of San Francisco’s Police Department to retroactively accept and expend ARRA grant funds in the amount of $16,562,750 from the U.S. Department of Justice COPS Program for implementation of the COPS Hiring Recovery Program to hire 50 new Q-2 San Francisco Police Officers and placing $14,112,750 of the accepted funds on Budget and Finance Committee reserve and amending the Annual Salary Ordinance to provide for the creation of certain grant-funded positions. (Fiscal Impact.) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

091000 [Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Certain Other Actions in Connection with Proposition 1A Bond Sale] Sponsors: Mayor; Avalos Resolution approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the sale of the City's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith. (Fiscal Impact.) Resolution No. 396-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

091095 [Lease purchase financing for the acquisition of Advanced Meter Infrastructure Equipment] Resolution approving the lease purchase financing for the acquisition of Advanced Meter Infrastructure Equipment for the San Francisco Public Utilities Commission; approving the form of a lease purchase financing agreement between the Public Utilities Commission and a lender to be named therein, authorizing the selection of such lender, and ratifying previous actions taken in connection therewith. (Public Utilities Commission) Resolution No. 427-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

091167 [Broadway Family Apartments Revenue Bonds] Sponsor: Chiu Resolution approving the reissuance of not to exceed $19,200,000 aggregate principal amount of City and County of San Francisco Multi-family Housing Revenue Bonds Series 2004a (Broadway Family Apartments) pursuant to Section 147(f) of the Internal Revenue Code of 1986; approving the Fifth Amendment to Loan Agreement and Fifth Supplemental Indenture; ratifying previous actions; and authorizing the execution and delivery of documents and instruments. Resolution No. 419-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

City and County of San Francisco Page 840 Printed at 1:36 pm on 1/6/10 Board of Supervisors Meeting Minutes Tuesday, October 27, 2009 Supervisor Alioto-Pier Excused from Voting Supervisor Dufty, seconded by Supervisor Mar, moved to excuse Supervisor Alioto-Pier from voting on File No. 091111. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

Excused: Alioto-Pier

091111 [Support Assembly Bill 1019 - Alcohol-Related Services Act] Sponsors: Dufty; Daly, Avalos, Mirkarimi and Campos Resolution urging support of Assembly Bill 1019, the Alcohol-Related Services Act to deliver services to, and ensure the public health and safety of, the people of California supported by a reasonable and rational mitigation fee. Resolution No. 428-09 Supervisors Mirkarimi and Campos requested to be added as co-sponsors. ADOPTED by the following vote:

Ayes: Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

Excused: Alioto-Pier

mporary parking restriction signs; amend the requirements for street barricades for street fairs; provide that yellow or white zones may be indicated by either yellow or white paint on the curb or signage; provide a three minute time limit for noncommercial vehicles parked in yellow zones; provide a three consecutive day on-street parking restriction instead of seven consecutive days; provide that any violation of Division II, Section 903 is a violation of Section 7.2.71; prohibit taxicab operators from leaving a vehicle unattended in certain use districts; provide that persons are prohibited from boarding a Municipal Railway vehicle in revenue service through the rear exit while the vehicle is operating on a transit line unless on a line, route or location designated by the SFMTA; provide that four or more violations of Section 7.2.71 within one year constitute a misdemeanor; repeal noticing requirements for towing vehicles on public streets; and clarify applicable restrictions and references to Division II; and repealing Section 7.2.44 prohibiting parking on designated streets near Candlestick Park. (Municipal Transportation Agency) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

090931 [Rental Subsidy Program for Low-Income Families] Sponsors: Avalos; Campos, Mar and Mirkarimi Ordinance adding Sections 48.1 through 48.7 to the San Francisco Administrative Code creating the Rental Subsidy Program for Low-Income Families that establishes a need-based local housing subsidy for homeless families subject to the fiscal and budgetary provisions of the Charter. Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, on Page 3, Line 14, by replacing "eligible" with "who meet program eligibility requirements"; AMENDED, on Page 4, Line 21, by adding "Further resolved, the Controller shall report to the Board, within twelve months of the adoption of this ordinance, on the efficacy of the program."; AMENDED, on Page 4, Line 22, by replacing "Families may remain in the Rental Subsidy Program for up to five years" with "The length of the subsidy shall be based on a social economic service plan agreed upon mutually by the provider and the client, and may be extended for 12 months at a time up to 5 years, provided that the client continues to meet program requirements." The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED, on Page 4, Line 21, by adding "Further resolved, the Controller shall report to the Board, within twelve months of the adoption of this ordinance, on the efficacy of the program, by surveying families and analyzing outcomes." The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Campos

Supervisor Mirkarimi requested to be added as a co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

090937 [Accept and Expend Federal Grant - Airport Commission - $700,500] Sponsor: Elsbernd Resolution authorizing the Airport Commission to retroactively accept and expend funding in a total amount of $700,500 from the Transportation Security Administration for the Airport K-9 Explosives Detection Team Program. Resolution No. 421-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

090523 [Eastern Neighborhoods Citizens Advisory Committee] Sponsors: Daly; Campos Ordinance amending the Administrative Code Section 10E.2 concerning the qualifications for and number of members on the Eastern Neighborhoods Citizens Advisory Committee. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

090833 [Lobbyist Ordinance Amendments] Sponsor: Chiu Ordinance amending Chapter I of Article II of the Campaign and Governmental Conduct Code by amending Sections 2.100, 2.105, 2.110, 2.115, 2.117, 2.130, 2.135, 2.140, 2.145 and 2.150, adding Section 2.116, and deleting Sections 2.125 and 2.160, to simplify registration requirements, adopt a more equitable fee structure, ease electronic filing of lobbyist disclosures, and establish an effective date for these amendments. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

nduct Code by amending sections 1.100, 1.104, 1.107, 1.108, 1.112, 1.113, 1.114, 1.118, 1.122, 1.128, 1.130, 1.134, 1.135, 1.136, 1.140, 1.142, 1.144, 1.146, 1.148, 1.150, 1.152, 1.156, 1.161, 1.161.5, 1.168, 1.170, deleting sections 1.134.5, 1.158, and 1.160, and adding sections 1.109, 1.143, 1.171, and 1.175 to refine and conform definitions; to eliminate and streamline reporting requirements; to authorize greater electronic filing; to adjust expenditure ceilings for inflation; to clarify the permissible uses of campaign funds; to provide that certain candidates are eligible to accept Voluntary Expenditure Ceilings; to set forth the instances in which the Ethics Commission will lift Voluntary Expenditure Ceilings; to modify how public funds are disbursed to eligible candidates; to clarify the requirements for third-party reporting; to amend the statute of limitations for administrative actions; and to impose record retention requirements on local committees. (Supervisor Alioto-Pier dissented in Committee.) Supervisor Mirkarimi, seconded by Supervisor Daly, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091060 [Confirming the appointment of Claudine Cheng to the Treasure Island Development Authority Board of Directors] Sponsor: Mayor Motion confirming the appointment of Claudine Cheng to the Treasure Island Development Authority Board of Directors for a four-year term ending February 26, 2010. (Appointments of Directors who are officers of SF or officers of SF Redevelopment Agency are effective immediately unless rejected by two-thirds vote of Board (8 votes) within 30 days written notice (3.100 (17)). Appointments of Directors who are not City officers or officers of SF Redevelopment Agency are effective only upon approval by a majority of the BOS. Transmittal date - August 24, 2009.) (Supervisor Daly dissented in Committee.) Motion No. M09-174 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091034 [Extending the term of the Joint City and School District Committe for one year] Sponsor: Elsbernd Motion amending Rule 5.7 of the Board of Supervisors' Rules of Order to extend the term of the Joint City and School Committe for one year. Motion No. M09-175 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

090795 [Prohibiting City employees and officers from raising funds for City departments] Sponsor: Daly Ordinance adding a new Chapter 5 to Article III of the Campaign and Governmental Conduct Code, by adding sections 3.500, 3.505, 3.510 and 3.515, to prohibit City employees and officers from soliciting donations to nonprofit organizations to fund City departments from persons doing business with those departments. Supervisor Daly, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to November 3, 2009. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell

City and County of San Francisco Page 844 Printed at 1:36 pm on 1/6/10 Board of Supervisors Meeting Minutes Tuesday, October 27, 2009 Supervisor Chiu, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to (1) apply the prohibition on solicitations to all City employees and officers required to file Statements of Economic Interest, regardless of their departments or job duties, and (2) limit the definition of "has business with" to include only filing an application under the Planning or Building Code. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Dufty, Elsbernd, Maxwell

Noes: Alioto-Pier, Avalos, Chu, Daly, Mar, Mirkarimi

Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Ordinance be TABLED. The motion carried by the following vote:

Ayes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell

Noes: Avalos, Campos, Daly, Mar, Mirkarimi

091161 [Approving Issuance of a Request for Proposals for CleanPowerSF] Sponsors: Mirkarimi; Mar, Campos and Dufty Ordinance approving issuance of a Request for Proposals for Community Choice Aggregation (CCA) Services for the San Francisco CCA program, commonly known as CleanPowerSF. Supervisors Mar and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Absent: Daly

091193 [Final Map - 1169 Market Street] Motion approving Final Map 4820, a Merger and 2 Lot Resubdivision, Parcel “A” being an 80 Residential Unit and 1 Commercial Unit Mixed-Use Condominium Project, located at 1169 Market Street being a subdivision of Lots 039, 051, and 052 in Assessors Block No. 3702 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (DPW Order 178,361; District 6.) Motion No. M09-176 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091173 [Urging the United States federal government to end the U.S. military occupation of Afghanistan] Sponsors: Avalos; Campos, Daly, Mar and Mirkarimi Resolution urging the United States federal government to end the U.S. military occupation of Afghanistan while providing humanitarian aid to support the recovery of the country from the effects of war. Resolution No. 429-09 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Elsbernd

091220 [Authorizing the Clerk of the Board of Supervisors to Commence Negotiation for the Budget and Legislative Analyst Services] Sponsor: Avalos Motion directing the Clerk of the Board of Supervisors to begin negotiations with Harvey M. Rose Associates, LLC, Debra A. Newman, Louie and Wong, LLP, A Joint Venture, for Budget and Legislative Analyst Services per Request for Proposal (RFP) #BOS-01-424. Motion No. M09-177 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None