Board of Supervisors Minutes: November 9, 2010

101366 [Accept and Expend Grant - FY2010 Technology Program Gunshot Location System - $750,000] Sponsor: Mayor Resolution authorizing the San Francisco Police Department to retroactively accept and expend a $750,000 grant from the U.S. Department of Justice/Office of Community Oriented Policing FY2010 Technology Program for a Gunshot Location System. Resolution No. 536-10 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

101009 [Environment Code - Healthy Air and Clean Transportation Program] Sponsors: Mayor; Dufty, Mar, Campos and Chiu Ordinance (1) amending the San Francisco Environment Code by repealing current Sections 400 through 409, and adopting new Sections 400 through 424; (2) amending the San Francisco Environment Code by amending current Sections 410, 411, and 421 and re-numbering them as Sections 425, 426, and 427 respectively; and (3) amending the San Francisco Administrative Code by amending Section 4.10-1, all to establish and implement a new Healthy Air and Clean Transportation Program, providing for the gradual conversion of the City's vehicle fleet to clean air vehicles and the gradual reduction of the overall number of passenger vehicles and light duty trucks in the City's vehicle fleet by 20 percent; and making environmental findings. Ordinance No. 278-10 FINALLY PASSED by the following vote:

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

Noes: None

101157 [Administrative Code - Updating Provisions Consistent with State and Local Law and Related Clean-Up Provisions on Employee Relations] Sponsor: Mayor Ordinance amending Section 16.200 through Section 16.222 of the San Francisco Administrative Code regarding Employee Relations to update provisions consistent with state and local law and related clean-up provisions. Martin Gran (Department of Human Resources) responded to questions raised throughout the discussion. Supervisor Mar, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED ON FIRST READING to November 16, 2010. The motion carried by the following vote:

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

Noes: None

101096 [Health Code - Setting Nutritional Standards for Restaurant Food Sold Accompanied by Toys or Other Youth Focused Incentive Items] Sponsors: Mar; Campos, Chiu and Avalos Ordinance amending Article 8 of the San Francisco Health Code by adding Sections 471.1 through 471.9, to set nutritional standards for restaurant food sold accompanied by toys or other youth focused incentive items. Ordinance No. 290-10 FINALLY PASSED by the following vote:

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

Noes: Alioto-Pier, Chu, Elsbernd

101246 [Administrative Code - Medical Cannabis Task Force Membership, Powers, and Duties] Sponsor: Campos Ordinance amending San Francisco Administrative Code by amending Sections 5.2-3 and 5.2-5 to: (1) increase the number of members of the San Francisco Medical Cannabis Task Force (Task Force) from 13 to 15; (2) establish qualifications for the two members added to the Task Force; and (3) expand powers and duties of the Task Force to include developing and making recommendations to the Board of Supervisors about local regulation of medical cannabis in the event that State Proposition 19 is approved by the voters in the election held on November 2, 2010. Ordinance No. 287-10 FINALLY PASSED by the following vote:

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

Noes: Chu, Elsbernd

ss and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration] Sponsors: Mirkarimi; Dufty Ordinance amending the San Francisco Business and Tax Regulations Code by: (1) amending Article 6 (Common Administrative Provisions) to revise provisions relating to: certificates of authority to collect third-party taxes; prepayment and remittance requirements for hotel and parking operators; enforcement procedures and penalties; and to otherwise clarify and update the provisions of Article 6; (2) amending Article 9 (Tax on Occupancy of Parking Space in Parking Stations), Article 10 (Utility Users Tax), and Article 12 (Business Registration), to lengthen the time period that service suppliers must preserve records from 4 years to 5 years and to extend the payment date of the registration certificate; (3) repealing Sections 608 through 608.8 of Article 9 (Tax on Occupancy of Parking Space in Parking Stations); and (4) amending the San Francisco Administrative Code by amending Article XIII (Funds), Chapter 10 (Finance, Taxation, and Other Fiscal Matters), to correct references to the California Government Code. PASSED, ON FIRST READING by the following vote:

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

Noes: None

101100 [Business and Tax Regulations Code - Adding to the Definition of "Control," Revising the Enforcement Authority, and Making Other Nonsubstantive Changes] Sponsors: Mirkarimi; Dufty Ordinance amending Article 22 of the Business and Tax Regulations Code by amending Sections 2201 through 2210, 2215, 2216, 2218, 2220, 2225, 2226, 2229, 2230, 2232, and 2233 and repealing Sections 2217, 2223, 2224, and 2237, to establish a presumption that certain operators, signatories and owners control the business affairs of the parking station, revise the Enforcing Agency's authority to permit the use of all authority granted by law and by Article 6 of this Code, and make other nonsubstantive changes. PASSED, ON FIRST READING by the following vote:

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

Noes: None

101356 [Assessment Ballots for City-Owned Parcels for Proposed Ocean Avenue Community Benefits District] Sponsor: Avalos Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf of the City and County of San Francisco as the owner of two parcels and part of a third parcel of real property over which the Board of Supervisors has jurisdiction, where those two parcels and the partial parcel would be subject to assessment in the proposed property and business improvement district to be named the Ocean Avenue Community Benefits District. Resolution No. 528-10 ADOPTED by the following vote:

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

Noes: Daly

101302 [Harry Tracy Water Treatment Plant Improvements Project Findings] Resolution adopting findings under the California Environmental Quality Act (CEQA), including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Harry Tracy Water Treatment Plant Long-Term Improvements Project No. CUW36701, part of the Water System Improvement Program, for the improvements to the regional water supply system and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 531-10 ADOPTED by the following vote:

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

Noes: None

101357 [Settlement of Unlitigated Claims - Skyline Stables Corporation - $650,000] Sponsor: Avalos Resolution approving the settlement of the unlitigated claims by and between Skyline Stables Corporation (Skyline) and City and County of San Francisco, related to the lease between Skyline and the San Francisco Public Utilities Commission (SFPUC) of a portion of the SFPUC Harry Tracy Water Treatment Plant (HTWTP) site in San Mateo County, the SFPUC approval of the HTWTP Long Term Improvement Project to improve water service reliability and seismic stability of the HTWTP, the SFPUC termination of Skyline's lease and Skyline's vacation of the lease premises, and SFPUC's offer to acquire the leasehold interest, calling for SFPUC to pay $650,000 to Skyline, and including other material terms and conditions in a settlement and release agreement. Resolution No. 530-10 ADOPTED by the following vote:

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

Noes: None

101155 [Administrative Code - Open Data Policy] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code to add Section 22D to establish the City's Open Data Policy and require City departments to make appropriate data available to the public. Privilege of the floor was granted to Jason Elliott (Mayor's Office) who responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote:

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

Noes: None

101025 [Directing the Budget and Legislative Analyst’s to Conduct Three Audits in FY2010-2011 and Setting Priorities] Sponsor: Mar Motion directing the Budget and Legislative Analyst to conduct three audits to evaluate (a) the City’s policies and revenues for advertising on private property; (b) the financial impact to the City of the fiscal provisions of the City’s Memoranda of Understanding with labor unions; and (c) the impact of hiring five new positions in the Assessor’s Office on the property assessment backlog and property tax revenue. Severin Campbell (Budget and Legislative Analyst's Office) and Ben Rosenfield (Controller) responded to questions raised throughout the discussion. Motion No. M10-161 APPROVED by the following vote:

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

Noes: Alioto-Pier, Daly, Elsbernd

100992 [General Plan - Portion of 222-2nd Street] Ordinance amending the General Plan of the City and County of San Francisco by amending Map 5 (Proposed Height and Bulk Districts) of the Downtown Area Plan to change the height and bulk classification of the west corner (within a rectangular area measuring 45 feet in length along the westernmost portion of the Howard Street frontage, to a depth of 82.5 feet) of the property located at 222-2nd Street (Assessor's Block No. 3735, Lot No. 063) from 150-S to 350-S and adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

100993 [Zoning Map - Portion of 222-2nd Street] Ordinance amending the Zoning Map of the City and County of San Francisco by amending Zoning Map 1HT to change the height and bulk district classification of the west corner (within a rectangular area measuring 45 feet in length along the westernmost portion of the Howard Street frontage, to a depth of 82.5 feet) of the property located at 222-2nd Street (Assessor's Block No. 3735, Lot No. 063) from 150-S to 350-S and adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

101229 [Planning Code - Landmark Designation of 1890 Chestnut Street (Marina Branch Library)] Sponsor: Alioto-Pier Ordinance designating 1890 Chestnut Street (Marina Branch Library), Lot No. 001 in Assessor's Block No. 0469, as a Landmark under Article 10 of the San Francisco Planning Code; and adopting General Plan, Planning Code Section 101.1 and environmental findings. (Planning Department) Supervisor Alioto-Pier 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

101230 [Planning Code - Landmark Designation of 2000 Mason Street (North Beach Branch Library)] Ordinance designating 2000 Mason Street (North Beach Branch Library), Lot No. 001 in Assessor's Block No. 0074, as a Landmark under Article 10 of the San Francisco Planning Code; and adopting General Plan, Planning Code Section 101.1 and environmental findings. (Planning Department) PASSED ON FIRST READING. The motion FAILED by the following vote:

Ayes: Daly

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

101332 [Reappointment, Treasure Island Development Authority Board of Directors - Claudine Cheng] Motion approving the Mayor’s reappointment of Claudine Cheng to the Treasure Island Development Authority Board of Directors, for the term ending February 26, 2014. (Clerk of the Board) (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 - October 12, 2010.) Andrew Shen (Deputy City Attorney) and Starr Terrell (Mayor's Office) responded to questions raised throughout the discussion. Motion No. M10-162 APPROVED by the following vote:

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

Noes: Avalos, Campos, Daly, Mirkarimi

101334 [Reappointment, Treasure Island Development Authority Board of Directors - John Elberling] Motion approving the Mayor’s reappointment of John Elberling to the Treasure Island Development Authority Board of Directors, for the term ending April 28, 2014. (Clerk of the Board) (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 - October 12, 2010.) Andrew Shen (Deputy City Attorney) and Starr Terrell (Mayor's Office) responded to questions raised throughout the discussion. Motion No. M10-163 APPROVED by the following vote:

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

Noes: Avalos, Campos, Daly, Mirkarimi

101336 [Appointment, Treasure Island Development Authority Board of Directors - Linda Richardson] Motion approving the Mayor’s appointment of Linda Richardson to the Treasure Island Development Authority Board of Directors, for the term ending April 28, 2014. (Clerk of the Board) (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 - October 12, 2010.) Andrew Shen (Deputy City Attorney) and Starr Terrell (Mayor's Office) responded to questions raised throughout the discussion. Motion No. M10-164 APPROVED by the following vote:

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

Noes: Avalos, Campos, Daly, Mirkarimi

101338 [Reappointment, Treasure Island Development Authority Board of Directors - Jean-Paul Samaha] Motion approving the Mayor’s reappointment of Jean-Paul Samaha to the Treasure Island Development Authority Board of Directors, for the term ending February 26, 2014. (Clerk of the Board) (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 - October 12, 2010.) Motion No. M10-165 APPROVED by the following vote:

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

Noes: Avalos, Campos, Daly, Mirkarimi

101388 [Denouncing the Deportation of Shing Ma “Steve” Li and Urging Congress to Pass the DREAM Act] Sponsors: Mar; Chiu, Avalos, Campos, Mirkarimi and Dufty Resolution denouncing the deportation of Shing Ma “Steve” Li, a DREAM Act student at City College of San Francisco, calling for Immigration and Customs Enforcement to grant him deferred action status, and urging Congress to pass the DREAM Act. Supervisor Dufty requested to be added as a co-sponsor. Resolution No. 537-10 ADOPTED by the following vote:

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

Noes: None

101376 [2011 Board of Supervisors Regular Meeting Schedule] Motion establishing the 2011 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 18, February 22, May 31, July 5, October 11, and November 29; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 10 through September 2, 2011, and December 14 through December 30, 2011. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 6 and 24, by changing 'August 3' to 'August 10'; after Page 1, Line 18, by adding a Whereas clause stating 'The Board is constrained by certain administrative deadlines in relation to the passing of the 2011-2012 budget and may decide to meet on August 9 solely to consider an override vote should the Mayor veto the annual budget'; and after Page 1, Line 25, by adding a Moved clause stating 'That in the event of a Mayoral veto of the 2011-2012 budget, the Board will conduct a meeting on August 9.'. The motion carried by the following vote:

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

Noes: None

Motion establishing the 2011 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 18, February 22, May 31, July 5, October 11, and November 29; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 3 through September 2, 2011, and December 14 through December 30, 2011. (Clerk of the Board) Motion No. M10-166 APPROVED AS AMENDED by the following vote:

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

Noes: None

100896 [Declaring November 9, 2010, as Clinic by the Bay Day] Sponsors: Avalos; Dufty, Alioto-Pier, Campos and Mirkarimi Resolution declaring November 9, 2010, as Clinic by the Bay Day in the City and County of San Francisco. Supervisor Mirkarimi requested to be added as a co-sponsor. Resolution No. 529-10 ADOPTED by the following vote:

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

Noes: None