Board of Supervisors Minutes: July 20, 2010

100859 [Settlement of Unlitigated Claim - Lance Gentile - $105,000] Resolution approving the settlement of the unlitigated claim filed by Lance Gentile against the City and County of San Francisco for $105,000; claim was filed on September 28, 2009. (City Attorney) Resolution No. 326-10 ADOPTED 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

100701 [Proposed Consolidated Budget and Annual Appropriation Ordinance, FYs Ending June 30, 2011, and June 30, 2012] Sponsor: Mayor Proposed Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for the FYs ending June 30, 2011, and June 30, 2012. (Supervisor Elsbernd dissented in Committee.) The Mayor's Office submitted Technical Adjustment No. 5 to add revenue and selected program increases and Technical Adjustment No. 6 to merge a supplemental appropriation from File No. 100909 in the amount of $6,816,953 to the Annual Appropriation Ordinance (File No. 100701). Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED by adding Section 8.3 of the administrative provisions regarding 'Process for Addressing General Fund Revenue Shortfalls.' The motion carried by the following vote:

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

Noes: None

Supervisor Daly, seconded by Supervisor Mirkarimi, moved to delete $677,440 from Item Nos. 3, 6, and 8, from the technical adjustments to Item No. 5. The motion FAILED by the following vote:

Ayes: Daly, Mirkarimi

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

See File No. 100747. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED by placing $44,000,000 on reserve of salaries of selected departments, and placing $6,800,000 on reserve of Department of Technology expenses of selected departments. 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, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100747 [Proposed Annual Salary Ordinance, FY Ending June 30, 2011, for all Departments, and for FY Ending June 30, 2012, for the San Francisco International Airport, Municipal Transportation Agency, Port Commission, and Public Utilities Commission] Sponsor: Mayor Proposed Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FY ending June 30, 2011, for all departments and for FY ending June 30, 2012, for the San Francisco International Airport, Municipal Transportation Agency, Port Commission, and Public Utilities Commission continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor. See File No. 100701. PASSED ON FIRST READING by the following vote:

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

Noes: Daly

100810 [Memorandum of Understanding, Amendment No. 3 - San Francisco Firefighters, Local 798, (Unit 2)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 3 to the 2007-2012 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 2, by extending the term of the parties’ Agreement through June 30, 2013, and by implementing specified terms and conditions of employment for FYs 2010-2011, 2011-2012, and 2012-2013. (Supervisor Daly dissented in committee.) Privilege of the floor was granted to Martin Gran (Department of Human Resources) who responded to questions raised throughout the discussion. Ordinance No. 197-10 FINALLY PASSED by the following vote:

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

Noes: Campos, Daly

100811 [Memorandum of Understanding, Amendment No. 2 - San Francisco Police Officers’ Association (Units P-1 & P-2A)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 2 to the 2007-2012 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers’ Association (Units P-1 & P-2A), by extending the term of the parties’ Agreement through June 30, 2013, and by implementing specified terms and conditions of employment for FYs 2010-2011, 2011-2012, and 2012-2013. Ordinance No. 200-10 FINALLY PASSED by the following vote:

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

Noes: Campos, Daly

100812 [Memorandum of Understanding, Amendment No. 2 - San Francisco Police Officers’ Association (Unit P-2B)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 2 to the 2007-2012 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers’ Association (Unit P-2B), by extending the term of the parties’ Agreement through June 30, 2013, and by implementing specified terms and conditions of employment for FYs 2010-2011, 2011-2012, and 2012-2013. Ordinance No. 201-10 FINALLY PASSED by the following vote:

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

Noes: Campos, Daly

100867 [Memorandum of Understanding, Amendment No. 2 - Municipal Executives’ Association Fire] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 2 to the 2007-2012 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association Fire by extending the term of the parties’ Agreement through June 30, 2013, and by implementing specified terms and conditions of employment for FYs 2010-2011, 2011-2012, and 2012-2013. Ordinance No. 199-10 FINALLY PASSED by the following vote:

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

Noes: Campos, Daly, Mirkarimi

Supervisor Chu Excused from Voting Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that Supervisor Chu be excused from voting on File No. 100809. The motion carried by the following vote:

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

Noes: None

Excused: Chu

100809 [Memorandum of Understanding, Amendment No. 3 - San Francisco Firefighters, Local 798, (Unit 1)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 3 to the 2007-2012 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 1, by extending the term of the parties’ Agreement through June 30, 2013, and by implementing specified terms and conditions of employment for FYs 2010-2011, 2011-2012, and 2012-2013. Privilege of the floor was granted to Martin Gran (Department of Human Resources) who responded to questions raised throughout the discussion. Ordinance No. 198-10 FINALLY PASSED by the following vote:

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

Noes: Campos, Daly

Excused: Chu

100629 [San Francisco Affordable Housing Fund] Sponsor: Daly Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by adding Section 16.127 to: (1) establish baseline appropriation and make an annual appropriation of the equivalent of 33% of any available general fund budget surplus for the next fifteen (15) years to support affordable housing programs; (2) require the Mayor's Office of Housing, in cooperation with the Department of Public Health and Department of Human Services, to prepare an affordable housing plan every three (3) years and an annual affordable housing budget; (3) affirm City policy urging the Redevelopment Agency to use at least 50% of its tax increment funds for low and moderate income housing; and (4) set an expiration date of July 1, 2026. (Supervisor Alioto-Pier dissented in committee.) Privilege of the floor was granted to Monique Zmuda (Controller's Office) who responded to questions raised throughout the discussion. ORDERED SUBMITTED. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Daly, Mar

Noes: Alioto-Pier, Avalos, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi

100630 [Requiring the Mayor to Appear Personally at One Regularly-Scheduled Meeting of the Board of Supervisors Each Month to Engage in Formal Policy Discussions with Members of the Board] Sponsor: Daly Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Sections 2.103 and 3.100, to require the Mayor to appear personally at one regularly-scheduled meeting of the Board of Supervisors each month to engage in formal policy discussions with members of the Board and to authorize the Board to adopt rules and guidelines. ORDERED SUBMITTED by the following vote:

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

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

. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved to continue File No. 100633 to later in the meeting. The motion carried by the following vote:

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

Noes: None

100633 [Split Appointments to the Recreation and Park Commission] Sponsors: Mirkarimi; Campos, Mar, Daly and Avalos Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by amending Section 4.113 to split the power to make appointments to the Recreation and Park Commission between the Mayor and the Board of Supervisors, and amending Section 15.105 to provide that the appropriate appointing authority may initiate removal of Recreation and Park Commissioners. ORDERED SUBMITTED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

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

100634 [Health Service Board Terms and Elections] Sponsor: Elsbernd Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Section 12.00, to shorten, on a one-time basis, the term of one Health Service Board member from five years to three years, and the term of another Health Service Board member from five years to two years, so that Board terms will expire in pairs in the future and can be filled during the same Board election. ORDERED SUBMITTED by the following vote:

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

Noes: Daly, Mar

100635 [Non-Citizen Voting in School Board Elections] Sponsors: Chiu; Campos, Mar, Avalos, Mirkarimi, Maxwell, Daly and Dufty Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Section 8.100 and adding Section 13.111 to authorize San Francisco residents 18 years of age or older who are the parents, legal guardians or caregivers of children in the San Francisco Unified School District to vote in elections for the Board of Education, regardless of whether the residents are United States citizens. ORDERED SUBMITTED by the following vote:

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

Noes: Chu, Elsbernd

100882 [Waiver of Street Encroachment Permit Fee for Golden Gate, Highway, and Transportation District] Sponsor: Elsbernd Ordinance waiving the street encroachment permit processing fee in Public Works Code Section 2.1.1(j) for signs related to bus service for the Golden Gate Bridge, Highway, and Transportation District. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100607 [Adopting California Environmental Quality Act Findings for Sunnydale Sewer System Improvement Project] Resolution adopting findings under the California Environmental Quality Act, CEQA Guidelines, and San Francisco Administrative Code Chapter 31, including the adoption of a mitigation monitoring and reporting program, related to the funding of Project No. CENMSCIC23, Sunnydale Sewer System Improvement Project, in the Visitacion Valley and Sunnydale neighborhood areas, and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 337-10 ADOPTED by the following vote:

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

Noes: None

following real property rights required for the Sunnydale Sewer Improvement Project No. CENMSCIC2362 (Project) totaling $2,459,664: (1) permanent subsurface sewer easements over portions of San Francisco APN 4991/24 and 4991/65 comprising 11,677.7 square feet, (2) permanent subsurface sewer easements over portions of San Francisco APN 5100/3, 5101/7, and 5102/9 comprising 24,468 square feet, (3) a temporary 18-month License with a 6-month option term over San Francisco APN 4991/24, 4991/61, 4991/65 comprising 47,568 square feet, and 22,215 square feet over the contiguous Brisbane APN 005-153-030, and (4) a temporary 18-month License with a 6-month option term over portions of San Francisco APN 5100/3 and 5107/1 comprising 24,613.7 square feet; adopting findings under the California Environmental Quality Act (CEQA); adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 330-10 ADOPTED by the following vote:

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

Noes: None

100688 [Agreement to Purchase Permanent Subsurface Easements for the Sunnydale Sewer Improvement Project totaling $174,001] Resolution approving and authorizing agreements for the acquisition of permanent subsurface sewer easements required for the Sunnydale Sewer Improvement Project No. CENMSCIC2362 (the “Project”) over portions of San Francisco APN 5104/4, 4991/7/8, 4991/9 and 4991/68 from Recology Properties, Inc. (fka Macor, Inc.) and Recology San Francisco (fka SF Recycling & disposal, Inc./fka Sanitary Fill Co.) totaling $174,001, comprising 31,826.19 square feet; adopting findings under the California Environmental Quality Act (CEQA); adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 329-10 ADOPTED by the following vote:

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

Noes: None

100780 [Amendment to Treasure Island South Waterfront Master Lease] Resolution approving the Twenty-Sixth Amendment to the Treasure Island South Waterfront Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 342-10 ADOPTED by the following vote:

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

Noes: None

100781 [Amendment to Treasure Island Land and Structures Master Lease] Resolution approving the Thirty-Fourth Amendment to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 341-10 ADOPTED by the following vote:

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

Noes: None

100782 [Amendment to Treasure Island Marina Master Lease] Resolution approving the Fourteenth Amendment to the Treasure Island Marina Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 340-10 ADOPTED by the following vote:

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

Noes: None

100783 [Amendment to Treasure Island Childcare Master Lease] Resolution approving the Sixth Amendment to the Treasure Island Childcare Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 339-10 ADOPTED by the following vote:

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

Noes: None

100784 [Amendment to Treasure Island Event Venues Master Lease] Resolution approving the Twenty-Second Amendment to the Treasure Island Event Venues Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 338-10 ADOPTED by the following vote:

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

Noes: None

100785 [Approving Modification to the Cooperative Agreement between the Treasure Island Development Authority and the U.S. Navy] Resolution approving and authorizing the Treasure Island Development Authority to enter into a Modification to the Cooperative Agreement with the U.S. Navy to extend the Cooperative Agreement from October 1, 2010, to September 30, 2011. (Treasure Island Development Authority) Resolution No. 328-10 ADOPTED by the following vote:

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

Noes: None

100796 [Agreement for Vehicle Towing, Storage and Disposal Services with TEGSCO, LLC, dba San Francisco Auto Return] Sponsor: Elsbernd Resolution approving the amended and restated service agreement and property use license for towing, storage and disposal of abandoned and illegally parked vehicles by and between the San Francisco Municipal Transportation Agency and TEGSCO, LLC, d.b.a. San Francisco Auto Return. Resolution No. 323-10 ADOPTED by the following vote:

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

Noes: None

100805 [Memorandum of Understanding - Clipper Program Operations and Maintenance] Sponsor: Dufty Resolution approving the Memorandum of Understanding with the Metropolitan Transportation Commission, and other Bay Area transit agencies, for the future operation and maintenance of the Clipper Program. (Fiscal Impact.) Resolution No. 332-10 ADOPTED by the following vote:

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

Noes: None

100855 [Approve San Francisco Public Utilities Commission Calaveras Dam Replacement Construction Management Contract - Not to Exceed $38,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Water System Improvement Program-funded Professional Service Agreement No. CS-911R, Calaveras Dam Replacement Construction Management Services, with Black and Veatch, for an amount not to exceed $38,000,000 with a term of up to five years and six months, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission) Resolution No. 327-10 ADOPTED by the following vote:

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

Noes: None

100729 [Treasure Island Development Authority Budget FY2010-2011] Sponsor: Mayor Resolution approving the Budget of the Treasure Island Development Authority for FY2010-2011. Resolution No. 346-10 ADOPTED by the following vote:

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

Noes: None

100703 [Planning Code Amendments to Update Fees for Cost Recovery] Sponsor: Mayor Ordinance amending the San Francisco Planning Code, Article 3.5, by amending Sections 350, 351, 352, 353, 354, 355, and 358, to increase fees 2.61%, and an additional 2.04% for all fees except those associated with small projects for cost recovery; add a new fee for Conditional Use Applications for Wireless Telecommunication Services Facilities; increase the Discretionary Review filing fee; and make other adjustments for cost recovery. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100724 [Update to Environmental Review Fees to Increase Fees for Cost Recovery, Establish a New Fee for Mitigation and Conditions of Approval Monitoring, and Make Other Clarifying Changes] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code, Chapter 31, Articles IV and V, by amending Sections 31.22, 31.23, and 31.24, to increase all fees 2.61% which is the cost of living adjustment, and an additional 2.04% for cost recovery, further increase Categorical Exemption Class 32, Negative Declaration and Environmental Impact Report addendum fees for cost recovery, change the timing of Environmental Impact Report payments, add a new fee for mitigation and condition of approval monitoring, and for the Municipal Transportation Agency and Public Utilities Commission for Categorical Exemption Certificates, clarify phase collection payments and refund policy, and establish a processing fee for phased payments. PASSED, ON FIRST READING by the following vote:

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

Noes: None

City and County of San Francisco Page 658 Printed at 4:53 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/20/2010 Supervisor Avalos, seconded by Supervisor Maxwell, moved to continue File No. 100909 to later in the meeting. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi, Privilege of the floor was granted to Budget Director

Noes: None

100909 [Appropriating $6,816,953 of General Fund Balance and Additional Revenues for Various Programs in Children, Youth, and Their Families and Human Services Agency for FY2010-2011] Sponsor: Avalos Ordinance appropriating $6,816,953, including $6,353,453 of General Fund balance, $320,000 of property tax revenues, $40,000 of administrative processing fees, and $103,500 of Federal Medi-Cal Title XIX revenues, and appropriating $5,470,339 for various programs in the Department of Children, Youth, and Their Families and $1,346,614 for various programs in Human Services Agency - Department of Aging and Adult Services for FY2010-2011, and urging the First Five Commission to program at least $693,000 of existing appropriation authority for Early Childcare and Education programs, requiring a two-thirds affirmative vote of all members of the Board of Supervisors per San Francisco Charter Section 9.113. (Fiscal Impact.) Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

Noes: None

100886 [Approving the Issuance of Bonds for National Center for International Schools by the California Enterprise Development Authority - Not to Exceed $26,500,000] Sponsor: Daly Resolution approving the issuance, by the California Enterprise Development Authority, of its revenue obligations bonds for the benefit of National Center for International Schools, a nonprofit public benefit corporation, and/or a related entity in an aggregate principal amount not to exceed $26,500,000 for the purpose of financing and refinancing the cost of the acquisition, construction, rehabilitation, equipping and furnishing of certain property, providing the terms and conditions for such obligations and other matters relating thereto. Resolution No. 312-10 ADOPTED by the following vote:

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

Noes: None

100750 [Increase the Real Property Transfer Tax] Sponsor: Avalos Motion ordering submitted to the voters an ordinance authorizing an amendment to the Real Property Transfer Tax at an election to be held on November 2, 2010. (Economic Impact.) Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 27, 2010. The motion carried by the following vote:

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

Noes: None

100756 [Establishing a Progressive Payroll Expense Tax Rate Structure and Reducing Selected Payroll Expense Tax Rates; Imposing a Gross Receipts Tax on the Rental of Commercial Real Property] Sponsor: Chiu Motion ordering submitted to the voters an ordinance revising the payroll expense tax to establish a progressive tax rate structure and reducing selected payroll expense tax rates and imposing a gross receipts tax on the rental of commercial real property, at an election to be held on November 2, 2010. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 27, 2010. The motion carried by the following vote:

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

Noes: None

100759 [Parking Tax Increase and Tax on Valet Services] Sponsor: Mirkarimi Motion ordering submitted to the voters an ordinance authorizing the "Ordinance amending San Francisco Business and Tax Regulations Code, Article 9, Sections 602 and 602.5 (Tax on Occupancy of Parking Space in Parking Station) to increase the tax rate from 15% to 25%, making the total tax rate, including the existing surcharge, 35%; amending Section 601 to clarify the definition of "Operator" and "Occupant" and to add a new definition of "Valet Parking Service Provider;" and adding Section 602B to impose an additional tax of 35% on gross receipts from valet parking services" at an election to be held on November 2, 2010. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 27, 2010. The motion carried by the following vote:

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

Noes: None

100751 [Implementation of Assembly Bill 1421 - Assisted Outpatient Treatment, “Laura’s Law”] Sponsor: Alioto-Pier Resolution authorizing the implementation of assisted outpatient treatment in the City and County of San Francisco, requesting the Controller conduct an analysis of mental health funding levels. (Supervisor Avalos dissented in committee.) Privilege of the floor was granted to Dr. James Dilley (UCSF) who responded to questions raised throughout the discussion. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be AMENDED on Page 1, Lines 17-18, by adding 'WHEREAS, The San Francisco Board of Supervisors intends to implement these provisions on a pilot basis, ending no later than 2013; and'; on Page 3, Line 18, by adding 'July 12, 2010,' after 'on'; and on Page 4, Lines 3-6, by adding 'and the Board requests the Department of Public Health to prepare reports measuring the efficacy of this program and to send copies of these reports to the Board of Supervisors when they are filed with the California Department of Mental Health.' The motion carried by the following vote:

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

Noes: None

Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Resolution be CONTINUED AS AMENDED to August 3, 2010. The motion carried by the following vote:

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

Noes: None

100267 [Election Day Voter Registration] Sponsors: Mirkarimi; Mar and Chiu Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by adding Section 13.112 and amending Article XVII to establish Election Day Voter Registration for exclusively municipal elections. Supervisors Mar and Chiu requested to be added as co-sponsors. ORDERED SUBMITTED by the following vote:

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

Noes: Alioto-Pier, Elsbernd

nds] Hearing of persons interested in or objecting to the amendments to the proposed Resolution and Ordinance relating to the Earthquake Safety Retrofit Deferred Loan and Grant Program General Obligation Bonds. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to the amendments to the Earthquake Safety Retrofit Deferred Loan and Grant Program General Obligation Bonds referenced in File Nos. 100581 and 100580. Mary Lou Zoback; Heidi Sieck; Walter Paulson; Ami Anderson-Alden; Bob Pekelnicky; Gabriel Metcalf; Patrick O'Tellini; Kay Vasilyeva; Barbara Schultheis; Joe Berron; David Bonowitz; Male Speaker; expressed various concerns relating to seismic safety. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AT PUBLIC HEARING Committee of the Whole Adjourn and Report Supervisor Maxwell was noted absent at 3:46 p.m., and noted present at 4:16 p.m. Supervisor Avalos, seconded by Supervisor Mar, moved to continue File Nos. 100581 and 100580 to later in the meeting. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Mar, Mirkarimi

Noes: Alioto-Pier, Daly, Dufty, Elsbernd

Absent: Maxwell

c interest and necessity demand the construction, improvement and seismic retrofitting of multi-story wood framed affordable housing soft-story buildings for earthquake safety funded by the City or other qualified governmental housing finance agency, or owned by private third-parties and the payment of related costs necessary or convenient for the foregoing purposes; finding that the estimated cost of $46,150,000 for such improvements is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require incurring bonded indebtedness; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA) and adopting findings under CEQA, CEQA Guidelines, and San Francisco Administrative Code Chapter 31 for the remaining portion of the proposed bond; finding the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; and waiving the time limits set forth in Administrative Code Section 2.34. Resolution No. 311-10 ADOPTED by the following vote:

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

Noes: None

of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; finding that the proposed bond is not a project under the California Environmental Quality Act; finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53; consolidating the special election with the general election on the same date; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with Section 53410 of the California Government Code; incorporating the provisions of Article V of Chapter V of the San Francisco Administrative Code; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code. Ordinance No. 167-10 FINALLY PASSED by the following vote:

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

Noes: None

Charter Section 15.105, which enumerates commissions whose members are subject to removal only for official misconduct, would be amended to include Rent Board members and alternate members. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to the amendments to the proposed Establishment of Rent Board Charter Amendment referenced in File No. 100636. Ray Hartz; Terrie Frye; Cynthia Cozizen; Kendra Froshman; Josh Vining; Carolyn Blair; Walter Paulson; Jose De La Cruz; Male Speaker; Edmond Juicy; Kim Rohrbach; Brook Charles; Janan New; Nick; Male Speaker; Herbert Weiner; expressed various concerns relating to the Rent Board. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AT PUBLIC HEARING Committee of the Whole Adjourn and Report City and County of San Francisco Page 664 Printed at 4:53 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/20/2010 Supervisor Campos, seconded by Supervisor Mar, moved to continue File No. 100636 to later in the meeting. The motion carried by the following vote:

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

Noes: Daly, Elsbernd

harter; Appointment and Removal of Members and Alternate Members] Sponsors: Campos; Avalos, Daly, Mar, Maxwell, Mirkarimi and Chiu Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by adding Section 4.136, and amending Section 15.105. Section 4.136 would be added to: establish the Residential Rent Stabilization and Arbitration Board (Rent Board) in the Charter; authorize the Board of Supervisors to appoint three members and three alternate members, authorize the Mayor to appoint three members and three alternate members, and authorize the Board of Supervisors President and the Mayor to jointly appoint one member and one alternate member; and provide that the Rent Board will consist of two tenants, two landlords, and three neutral members, with an alternate for each member. Charter Section 15.105, which enumerates commissions whose members are subject to removal only for official misconduct, would be amended to include Rent Board members and alternate members. (Supervisor Alioto-Pier dissented in committee.) Supervisor Campos, seconded by Supervisor Chiu, moved that this Charter Amendment be TABLED. The motion carried by the following vote:

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

Noes: Daly

100884 [Accept and Expend Grant - Local Juvenile Justice Accountability Measures - $119,034] Sponsor: Campos Resolution authorizing the San Francisco Public Defender’s Office to accept and expend a grant in the amount of $119,034 from the State Corrections Standards Authority for the purposes of implementing local juvenile justice accountability measures through the Juvenile Accountability Block Grant. Resolution No. 336-10 ADOPTED by the following vote:

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

Noes: None

100953 [Community Policing and Foot Beat Patrols] Sponsors: Mirkarimi; Chiu and Mar Motion ordering submitted to the voters an ordinance establishing the Community Policing Policy and Foot Beat Patrol Program at an election to be held on November 2, 2010. This item was not sent as a Committee Report. City and County of San Francisco Page 666 Printed at 4:53 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/20/2010 Supervisor Campos, seconded by Supervisor Mar, moved to continue File No. 100636 to later in the meeting. The motion carried by the following vote:

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

Noes: Daly, Elsbernd

100637 [San Francisco Municipal Transportation Agency - Appointments Policy and Other Procedures] Sponsors: Campos; Mirkarimi, Chiu and Mar Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections 8A.100, 8A.101, 8A.102, 8A.104, 8A.105, 8A.106, 8A.107, 8A.108, 8A.113, A8.409-1, A8.409-4, and A8.428, and repealing Section A8.404, to: provide for split appointments to the San Francisco Municipal Transportation Agency (MTA) Board of Directors; allocate a share of property tax revenues to the Transportation Fund; require the MTA to resubmit an Agency budget if its budget is rejected by the Board of Supervisors; establish an Office of the MTA Inspector General; and, eliminate formulas governing operator wages and benefit payments and subject these matters instead to collective bargaining. Supervisor Campos, seconded by Supervisor Chiu, moved that this Charter Amendment 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 Chiu, seconded by Supervisor Campos, moved to duplicate File No. 100637. The motion carried by the following vote:

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

Noes: Daly

See File No. 100982. Supervisor Avalos, seconded by Supervisor Chiu, moved that this Charter Amendment be CONTINUED AS AMENDED to July 27, 2010, as a Committee of the Whole. The motion carried by the following vote:

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

Noes: None

he MTA Inspector General; and, eliminate formulas governing operator wages and benefit payments and subject these matters instead to collective bargaining. See File No. 100637. Supervisor Chiu, seconded by Supervisor Campos, moved that this Charter Amendment be AMENDED on Page 20, by deleting '4. Beginning with fiscal year 2011-2012, an amount set aside from the annual tax levy equivalent to an annual tax of one cent ($0.01) for each one hundred dollars ($100) assessed valuation. Revenues obtained thereby shall be in addition to, and not in place of, any sums otherwise required to be deposited in the Transportation Fund; provided however that this subsection shall become effective only if the qualified voters of the City and County, at the election held on November 2, 2010, approve a measure or measures that the Controller's Statement(s) in the ballot handbook estimate(s) will, upon full implementation, result in an annual revenue increase to the City of more than $40 million. In the event that no such measures are approved, the City Attorney is authorized to take all steps necessary to remove this subsection 8A.105(b)(4) from the Charter.' The motion carried by the following vote:

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

Noes: Daly

Supervisor Avalos, seconded by Supervisor Chiu, moved that this Charter Amendment be CONTINUED AS AMENDED to July 27, 2010, as a Committee of the Whole. The motion carried by the following vote:

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

Noes: None

100948 [Final Map 5168 – 5600 3rd Street] Motion approving Final Map 5168, a Five Lot Airspace Project, located at 5600 3rd Street being a subdivision of Lot No. 013 in Assessors Block No. 5421 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-117 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

100935 [Supporting Eddy Zheng’s Application to Remain Lawfully in the United States] Sponsors: Chiu; Mar, Avalos, Mirkarimi, Campos, Chu and Maxwell Resolution urging the Honorable Arnold Schwarzenegger, Governor of California, to grant Xiao Fei “Eddy” Zheng a full pardon and allow him to remain in the United States and to continue to serving youth in the San Francisco Bay Area community. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED to July 27, 2010. The motion carried by the following vote:

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

Noes: None