Board of Supervisors Minutes: August 10, 2010

101010 [Accept and Expend Grant - American Recovery and Re-Investment Act and Amendment to the Annual Salary Ordinance, FY2010-2011 - $1,670,000] Sponsor: Mayor Ordinance to retroactively accept and expect a grant in the amount of $1,670,000 from the U.S. Department of Energy through the County of Los Angeles and the Association of Bay Area Governments, and amending the Annual Salary Ordinance FY2010-2011 to reflect the addition of three positions in the Department of the Environment. Ordinance No. 226-10 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Avalos

100641 [Expend Grant - California Department of Toxic Substances Control and Amendment to the Annual Salary Ordinance, FY2010-2011 - $74,500] Sponsor: Chu Ordinance authorizing the Department of the Environment to expend a grant in the amount of $74,500 from the California Department of Toxic Substances Control to coordinate the Green Business tracking and measurement tool and amending Ordinance No. 183-09 to reflect the addition of one (1) grant funded position at the Department of the Environment. Ordinance No. 225-10 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos

100879 [Increasing Penalties for Certain Crimes Committed on Municipal Transportation Agency Vehicles, Platforms or in Bus Zones] Sponsors: Chu; Chiu, Mar, Maxwell, Dufty and Mirkarimi Ordinance amending the San Francisco Police Code by consolidating Sections 122 and 123 and amending former Section 123 and Section 1291, to increase from $500 to $1,000 the maximum allowable fine for the crimes of aggressive pursuit and of loitering while carrying a concealed weapon, where the violation occurs on vehicles, platforms or bus zones of the Municipal Transportation Agency, and urging "non-custodial" dispositions for juvenile violators. Ordinance No. 227-10 FINALLY PASSED by the following vote:

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

Noes: Daly

Excused: Avalos

100919 [Authorizing the Sheriff’s Department to Amend its Contract with ARAMARK Correctional Services, LLC for Jail Food Services - Not to Exceed $30,500,000] Resolution authorizing the Sheriff’s Department to retroactively enter into a Third Amendment to the Agreement between the City and County of San Francisco and ARAMARK Correctional Services, LLC, to increase the contract amount from $22,885,229 to an amount not to exceed $30,500,000 and to extend the contract term to June 30, 2012. (Sheriff) (Fiscal Impact.) Resolution No. 407-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100924 [Loan from the Metropolitan Transportation Commission to Expand the Scope of the SFpark Pilot Projects - $22,000,000] Sponsor: Mirkarimi Resolution approving a loan agreement between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and the Metropolitan Transportation Commission for $22,000,000 of Congestion Mitigation and Air Quality Improvement funding to be repaid by the San Francisco Municipal Transportation Agency over a five year period with parking-related revenues. Resolution No. 392-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100930 [Expend Grant - Adopting California Environmental Quality Act Findings and Authorizing Grant Expenditure for Cesar Chavez Sewer System Improvement Project - $477,900] Sponsor: Mayor 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. CENMSCIC11, Cesar Chavez Sewer System Improvement, directing the Clerk of the Board of Supervisors to notify the Controller of this action, and authorizing the San Francisco Public Utilities Commission to expend a grant in the amount of $477,900 from the U.S. Environmental Protection Agency through the Department of the Interior, Environment, and Related Agencies Appropriation Act of 2006. Resolution No. 411-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100964 [Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to the Presidio Trust] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Fire Department to enter into a ten year agreement with the Presidio Trust to provide fire and emergency medical services to portions of the Presidio under the Trust’s jurisdiction, with the Trust reimbursing the Fire Department for those services and to accept and expend funds provided to the Fire Department by the Trust as reimbursement for services provided under that agreement. Resolution No. 396-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100965 [Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to National Park Service Managed Areas] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Fire Department to enter into a ten year agreement with the National Park Service to provide fire and emergency medical services to National Park Service managed areas within San Francisco, with National Park Service reimbursing the Fire Department for those services, and to accept and expend funds provided to the Fire Department by the National Park Service as reimbursement for services provided under that agreement. (Fiscal Impact.) Resolution No. 395-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100966 [Approving the Hiring of Displaced Federal Firefighters] Sponsor: Alioto-Pier Resolution approving the hiring of permanent career civilian federal firefighters displaced by the closure of the National Park Service Fire Station in the Presidio, pursuant to the authority granted by California Government Code Section 53270. Resolution No. 391-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100434 [Castro Street Neighborhood Commercial District - Conditional Use Requirements for Restaurants and Self-Service Specialty Food Establishments] Sponsor: Dufty Ordinance amending the San Francisco Planning Code by amending Section 715.1 and Sections 715.42, 715.43, 715.44, and 715.69A of the Zoning Control Table to allow new full-service and small self-service restaurants with a conditional use authorization, to permit self-service specialty food establishments as of right, and to prohibit all large fast food establishments; adopting findings, including environmental findings; amending Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

101015 [Sewer Line Relocation Agreement with San Francisco State University] Sponsor: Elsbernd Resolution approving and authorizing the Sewer Line Relocation Agreement between the San Francisco Public Utilities Commission, on behalf of the City and County of San Francisco, and San Francisco State University to relocate an existing sanitary sewer and storm drain easement on Assessor’s Block No. 7304-001 (part of the University campus) and portions of Font Boulevard and Lake Merced Boulevard in San Francisco; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Relocation Agreement 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. Resolution No. 394-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100954 [Settlement of Lawsuit - Ricardo Rodriguez - $30,000] Ordinance authorizing settlement of the lawsuit filed by Ricardo Rodriguez against the City and County of San Francisco for $30,000; the lawsuit was filed on February 19, 2009, in San Francisco Superior Court, Case No. CGC09-485133; entitled Ricardo Rodriguez v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

100955 [Settlement of Lawsuit - Stanislaus Imports - $245,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Stanislaus Imports against the City and County of San Francisco for $245,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

100956 [Settlement of Lawsuit - Monte and Joanne Stott and Stott and Associates, Inc. - $32,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Monte and Joanne Stott and Stott and Associates, Inc. against the City and County of San Francisco for $32,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

100957 [Settlement of Lawsuit - Yanick Constant - $32,500] Ordinance authorizing settlement of the lawsuit filed by Yanick Constant against the City and County of San Francisco for $32,500; the lawsuit was filed on April 21, 2008, in San Francisco Superior Court, Case No. 474485; entitled Yanick Constant v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

100958 [Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000] Ordinance authorizing settlement of the lawsuit filed by Icenogle IMR Joint Venture against the City and County of San Francisco for $1,330,000; the lawsuit was filed on September 24, 2007, in San Francisco County Superior Court, and subsequently transferred to Alameda County Superior Court, Case No. RG08391219; entitled Icenogle IMR Joint Venture v. City and County of San Francisco, et al.; other material terms of said settlement are: (1) mutual releases except for latent defects, (2) dismissal of all complaints and cross-complaints with prejudice, (3) each side to bear its own attorneys fees and costs, and (4) plaintiff to be responsible for resolving outstanding stop notices. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

100960 [Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against Underground Construction Co., et al. by accepting the payment of $29,000 to the City and County of San Francisco; $23,200 from Underground Construction Co. and $5,800 from State Farm; the lawsuit was filed on February 24, 2009, in San Francisco Superior Court, Case No. CGC-09-485059; entitled City and County of San Francisco, et al., v. Underground Construction Co., et al. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Avalos

100994 [Appointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman] Resolution confirming the appointment of Cheryl Brinkman to the Municipal Transportation Agency Board of Directors, for the term ending March 1, 2014. (Mayor) Resolution No. 405-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100996 [Reappointment, Board of Appeals - Michael Garcia] Motion approving the Mayor’s reappointment of Michael Garcia to the Board of Appeals, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - 7/13/10.) Motion No. M10-127 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

100998 [Reappointment, Entertainment Commission - John Newlin] Motion approving the Mayor’s nomination for reappointment of John Newlin to the Entertainment Commission, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - 7/20/10.) Motion No. M10-128 APPROVED by the following vote:

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

Noes: None

Excused: Avalos

100155 [Liquor License Transfer - 612 Kearny Street] Resolution determining that the transfer of a Type 21 Off-Sale General Liquor License from 605 Kearny Street to 612 Kearny Street (District 3) to David C. Huang for David’s Food Store 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. 412-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100914 [Liquor License Transfer - 690 Stanyan Street] Resolution determining that the transfer of a Type 20 Off-Sale Beer and Wine Liquor License from 880 Harrison Street to 690 Stanyan Street (District 5) to Joseph N. Rogoff for Whole Foods Market California Inc., dba Whole Foods Market 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. 413-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

101064 [Accept and Expend Gift - Recreation and Park Department Buena Vista Park - $164,760] Sponsor: Dufty Resolution authorizing the Recreation and Park Department to retroactively accept and expend a gift-in-place valued at $164,760 from the San Francisco Conservation Corps to rehabilitate trails and retaining walls at Buena Vista Park. Resolution No. 397-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

101074 [Accept and Expend Grant - Palace of Fine Arts Historical Landscape and Park Improvements - $500,000] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a grant administered by the California State Library California Cultural and Historical Endowment in the amount of $500,000 for the Palace of Fine Arts historical landscape and park improvement. Resolution No. 414-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100971 [Accept and Expend Grant - Lowe’s Local Hiring Agreement - $750,000] Sponsor: Mayor Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $750,000 from Lowe’s HIW, Inc., to plan and manage an employment program. Resolution No. 390-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100972 [Accept and Expend Grant - Office of Economic and Workforce Development - Green Jobs - $400,000] Sponsor: Mayor Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $400,000 from Wal-Mart Foundation to plan and manage an employment program. Resolution No. 401-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100973 [Accept and Expend Grant - Office of Economic and Workforce Development - California’s Low Income Energy Efficiency Program - $100,000] Sponsors: Mayor; Maxwell Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $100,000 from the California Public Utilities Commission to support CityBuild’s implementation of California’s Low Income Energy Efficiency Program in San Francisco. Resolution No. 400-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

100974 [Accept and Expend Grant - Office of Economic and Workforce Development - CityBuild Program - $200,000] Sponsors: Mayor; Maxwell Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $200,000 from the Evelyn and Walter Haas, Jr., Fund to support the CityBuild Program. Resolution No. 399-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

101011 [Accept and Expend Grant - Diesel Emissions Reduction Act - Pier 27 Shoreside Power - $1,000,000] Sponsors: Alioto-Pier; Chiu Resolution authorizing the San Francisco Port Commission to accept and expend a grant from the U.S. Environmental Protection Agency in the amount of $1,000,000 under the Diesel Emissions Reduction Act, to assist in the installation of a shoreside power facility for cruise ships at Pier 27. Resolution No. 406-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

101080 [Final Map 5785 - 5800 Third Street] Motion approving Final Map 5785, a Three Lot Subdivision, Lot 1 being a 142 Unit Mixed-Use Condominium Project and Lot 2 being a 102 Unit Residential Condominium Project, located at 5800 Third Street being a subdivision of Lot No. 001 in Assessors Block No. 5431A and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-131 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Avalos

101081 [Candlestick Point - Hunters Point Shipyard Phase II Development Project - Involvement of Ohlone and other Native American Peoples] Sponsors: Maxwell; Mar and Campos Resolution urging the City Planning Department and Redevelopment Agency to establish specific protocols for ongoing collaboration with representatives of the Ohlone Peoples and other Native American groups for the redevelopment of Candlestick Point and the Hunters Point Shipyard. Supervisors Mar and Campos requested to be added as co-sponsors. Resolution No. 402-10 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos