Board of Supervisors Minutes: November 16, 2010

101340 [Settlement of Lawsuit - Regal Stone, Ltd. - City to Receive $3,717,096.52] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against Regal Stone, Ltd, et al. for the sum of $3,717,096.52, including previous initial payment of $2,000,000; the lawsuit was filed on December 10, 2007, in San Francisco Superior Court, Case No. CGC-07-469876 (transferred to Monterey County Superior Court, Case No. M98173); entitled City and County of San Francisco, et al., v. Regal Stone, Ltd., et al. (City Attorney) PASSED, ON FIRST READING The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Elsbernd

100889 [Adopting Findings Related to the Conditional Use Appeal on Property Located at 1268 Grant Street] Motion adopting findings related to the appeal of a decision of the Planning Commission, Motion No. 18160, approving Conditional Use Application 2010.0438C on property located at 1268 Grant Street. (Clerk of the Board) Motion No. M10-167 APPROVED by the following vote:

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

Noes: None

Absent: Elsbernd

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. PASSED, ON FIRST READING by the following vote:

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

Noes: None

Absent: Elsbernd

101062 [Health Code - Updating Enforcement and Compliance Procedures for Nuisance] Sponsors: Avalos; Campos Ordinance amending the San Francisco Health Code Articles 6 and 11 by amending Sections 580, 581, 596, 599, and 600, and adding Sections 292.5, 596.5, 602.3, and 610 to: 1) add requirements for refuse collection and storage in multi-story residential facilities; 2) update nuisance definitions; 3) add potential attorneys' fees recovery for the prevailing party in those cases which the City elects to recover attorneys' fees; 4) require owners of rental property to provide contact information to the Department; 5) add civil penalties; and 6) expand administrative penalties and procedures. (Supervisor Elsbernd dissented in Committee.) Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

Ordinance amending San Francisco Health Code Article 11 by amending Sections 580, 581, 596, 599, and 600, and adding Sections 596.5, and 610 to: 1) update nuisance definitions; 2) add potential attorneys' fees recovery for the prevailing party in those cases which the City elects to recover attorneys' fees; 3) add civil penalties; and 4) expand administrative penalties and procedures. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Absent: Elsbernd

101271 [Appropriating $9,035,065 of Certificate of Participation Expenses for Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability for FY2010-2011] Sponsor: Mayor Ordinance appropriating $9,035,065 of Certificate of Participation Series 2011A Delivery Date Expenses to fund multiple Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability in the General Services Agency - Office of the City Administrator for FY2010-2011, and placing these funds on Controller’s reserve pending issuance of the Certificates of Participation. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Elsbernd

091106 [Approval of a Historical Property Contract for 1818 California Street (Lilienthal-Orville Pratt House)] Sponsor: Alioto-Pier Resolution under Chapter 71 of the San Francisco Administrative Code, approving a historical property contract between Nakamura FLP, the owner of 1818 California Street (Lilienthal-Orville Pratt House), and the City and County of San Francisco; authorizing the Director of Planning and the Assessor to execute the historical property contract. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED to November 23, 2010. The motion carried by the following vote:

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

Noes: None

Absent: Daly

101294 [Professional Services Agreement - FSP PPM Management, LLC - Curbside Management Program - Not to Exceed $10,450,000] Resolution approving the Professional Services Agreement, Airport Contract 8994 - to manage and staff the Curbside Management Program between FSP PPM Management, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $10,450,000, pursuant to San Francisco Charter Section 9.118(b). (Airport Commission) Supervisor Avalos, seconded by Supervisor Mar, moved that this Resolution be AMENDED on Page 2, Lines 16-17, by deleting ', with an anticipated total contract value not-to-exceed $26,000,000,'. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

Resolution No. 548-10 ADOPTED AS AMENDED by the following vote:

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

Noes: None

Absent: Elsbernd

101301 [Approval of Contract - AnsaldoBreda, Inc. - Repair of Damaged LRVs - Not to Exceed $32,854,622] Resolution approving Contract No. CPT 626.02, repair of damaged light rail vehicles, between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and AnsaldoBreda, Inc., to rebuild up to seven damaged light rail vehicles, in an amount not to exceed $32,854,622, and for a term not to exceed six years, with expenditures limited to $13,000,000 pending certification of additional funding. (Municipal Transportation Agency) (Fiscal Impact.) Resolution No. 549-10 ADOPTED by the following vote:

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

Noes: None

Absent: Elsbernd

101359 [Annual Report - Greater Union Square Business Improvement District and Modifying Management District Plan] Sponsor: Chiu Resolution regarding Greater Union Square Business Improvement District, receiving and approving the District's Annual Report for FY2009-2010 as submitted pursuant to Section 36650 of the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's Management Agreement with the City, which includes the District's proposed budget for FY2010-2011; modifying the Management District Plan in accordance with the Annual Report; and conforming the Management Agreement to changes in the Management District Plan. Resolution No. 550-10 ADOPTED by the following vote:

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

Noes: None

Absent: Elsbernd

101351 [Planning Code - Zoning - Temporary Uses and Mobile Food Facilities] Sponsor: Dufty Ordinance amending the San Francisco Planning Code by adding Section 102.31 to define a Mobile Food Facility, amending Section 205 and adding Section 205.4 to establish a new category of temporary uses, and amending Sections 212, 790.91, 790.93 and 890.90 to clarify that Mobile Food Facilities need not be conducted within enclosed buildings; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. PASSED ON FIRST READING by the following vote:

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

Noes: None

ties - Department of Public Works Permitting Authority] Sponsor: Dufty Ordinance amending the San Francisco Police Code and San Francisco Public Works Code by repealing Articles 17.2 (Regulations for Mobile Caterers; Permit and License Provisions) and 17.3 (Permit Regulations for Pushcart Peddlers), transferring the regulations to a new Article 5.8 of the Public Works Code commencing with Section 184.80, redefining Mobile Caterers and Pushcart Peddlers as Mobile Food Facilities; making other amendments to implement the transfer, including new fee and penalty provisions and new notice and hearing procedures; amending Sections 440 and 451 of the San Francisco Health Code and repealing Section 249, amending Section 249.1, and adding Section 249.23 to the San Francisco Business and Tax Regulations Code to update definitions and add annual fees and plan check fees for Mobile Food Facilities; and adopting environmental findings. Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 10, Lines 2-3, by deleting 'License' and adding 'Registration Certficiate from the Office of the Treasurer and Tax Collector,'. The motion carried 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 1011 Printed at 4:30 pm on 12/14/10 Board of Supervisors Meeting Minutes 11/16/2010 Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED on Page 2, Lines 19-20, by adding 'or trailer that is transported by a motorized vehicle' after 'vehicle'; on Page 3, Lines 6-7, by adding 'that is transported by human power' after 'device'; on Page 11, Lines 12-13, by inserting the new line '4) The Department shall maintain a Mobile Food Facility page on its website detailing all issued and pending permits.'; and on Page 11, Lines 23-24, by adding 'and on the Mobile Food Facility page on the Department’s website.' after 'San Francisco'. 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

101079 [Administrative Code - Water Efficient Irrigation] Sponsors: Mayor; Maxwell and Mar Ordinance amending the San Francisco Administrative Code by repealing Chapter 63 in its entirety and adding a new Chapter 63, requiring the development and maintenance of landscape irrigation controls for specified new construction landscapes and landscape rehabilitation projects. PASSED ON FIRST READING by the following vote:

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

Noes: Elsbernd

100765 [Support for the Preservation and Restoration of Sacred Heart Church] Sponsor: Mirkarimi Resolution pronouncing the support of the City of San Francisco for the preservation and restoration all historic features recently removed and sold from Sacred Heart Church, urging the Department of Building Inspection to investigate and publically report on violations of the Building and Planning Codes due to the removal of these historic features, and requesting the City Attorney to investigate, publically report on, and take legal action to remedy such violations of the Building and Planning Codes and all violations of other laws, including historic preservation laws. (Supervisor Maxwell dissented in committee.) Privilege of the floor was granted to Tara Sullivan (Planning Department) and Ed Sweeney (Department of Building Inspection) who responded to questions raised throughout the discussion regarding File No. 100765. Resolution No. 538-10 ADOPTED by the following vote:

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

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

101220 [Appointment, San Francisco Public Utilities Commission - Art Torres] Motion confirming the Mayor’s appointment of Art Torres to the San Francisco Public Utilities Commission, Seat 2, for the term ending August 1, 2014. (Clerk of the Board) Motion No. M10-168 APPROVED by the following vote:

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

Noes: None

101347 [Confirming Appointments, Treasure Island Development Authority Board of Directors - Larry Del Carlo and Larry Mazzola, Jr.] Sponsor: Mayor Motion confirming the appointments of Larry Del Carlo to succeed John Rahaim; term ending February 26, 2013; and Larry Mazzola, Jr. to succeed Owen Stephens, term ending April 28, 2014, to the Treasure Island Development Authority Board of Directors. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to December 7, 2010. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mirkarimi

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

Motion No. M10-169 APPROVED by the following vote:

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

Noes: Avalos, Daly

101354 [Public Hearing - Resolution to Establish the Ocean Avenue Community Benefits District] Sponsor: Avalos Hearing of persons interested in or objecting to proposed Resolution establishing a property-based business improvement district to be known as the “Ocean Avenue Community Benefits District,” ordering the levy and collection of assessments against property located in that district for fifteen years commencing with FY2010-2011, subject to conditions as specified, and making environmental findings. The President inquired as to whether any member of the public wished to address the Board relating to the proposed Resolution. Dahlisa Winburn; Female Speaker; Joanne Trackwatson; Dan Weaver; Al Harris; Howard Chung; Henry Cavain; spoke in support of the proposed Resolution. Diane Goodman; Nilka Rose; spoke in opposition to the proposed Resolution. There were no other speakers. The President continued the public hearing open to December 14, 2010. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED to December 14, 2010. The motion carried by the following vote:

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

Noes: None

101355 [Resolution to Establish the Ocean Avenue Community Benefits District] Sponsor: Avalos Resolution establishing a property-based business improvement district to be known as the “Ocean Avenue Community Benefits District,” ordering the levy and collection of assessments against property located in that district for fifteen years commencing with FY2010-2011, subject to conditions as specified, and making environmental findings. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED to December 14, 2010. The motion carried by the following vote:

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

Noes: None

101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Motion No. M10-170 Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Daly, Mar, Mirkarimi

101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Daly, Mar, Mirkarimi

101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Daly, Mar, Mirkarimi

101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Absent: Mar

101047 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion disapproving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M10-171 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Absent: Mar

101048 [Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard. (Clerk of the Board) Motion No. M10-172 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Absent: Mar

10,000 gross square feet of floor area, or an expansion of any existing Medical Use by at least 5,000 gross square feet of floor area obtain a Consistency Determination from the Planning Commission or the Planning Department determining that the proposed use or expansion promotes the goals recommended in the Master Plan; providing fees for time and material costs incurred to prepare the Consistency Determination, and making findings, including findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1 and environmental findings. Supervisor Campos, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED on Page 12, Line 9, by inserting the following paragraph: 'Section 342.6(d) The Board of Supervisors or Board of Appeal, as applicable, shall act on the appeal of the Consistency Determination at the same time it acts on other entitlements for the proposed use. The Board of Supervisors or Board of Appeal, as applicable, may find that countervailing public policy considerations justify approval of the entitlement despite any inconsistency with the Health Care Services Master Plan.' . 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: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Elsbernd

101403 [Declaring December 9, 2010, as CHEER SF Day in San Francisco] Sponsors: Dufty; Campos Resolution declaring December 9, 2010, as CHEER SF Day in San Francisco to commemorate the 30th Anniversary of the world’s first LGBT-identified cheerleading team that raises funds for local, national, and international service agencies. Resolution No. 556-10 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Campos, Mar

directing the Clerk of the Board of Supervisors to propose a process for nominating and selecting a successor to the Mayor. The President inquired as to whether any member of the public wished to address the Board on File Nos. 101139 and 101404. Male Speaker; Ace Washington; Male Speaker; John Rizzo; David Tornheim; Julian Davis; Angelica Cabande; Rachel Ebora; Joseph Smooke; Male Speaker; Brian Basinger; Male Speaker; Tommy Avoccoli-Mecca; Tab Buckner; Brenda Barrell; Christopher Cooke; Rebecca Tumara; Female Speaker; Emma Gerald; Crystal Jabba; Alysabeth Alexander; Jorge Garcia; Kay Walker; Gabriel Haaland; Steve Varjofske; Michael Tom; Frank Martine-Del Campo; Mario Ortegas; Female Speaker; Peter Warfield; Darryl Jones; spoke on concerns relating to the process of selecting a successor Mayor. There were no other speakers. The President declared public comment closed. Privilege of the floor was granted to Nancy J. Clark; James Williams; Orry P. Korb (Office of Mr. Miguel Marquez, Office of the County Counsel, County of Santa Clara) who responded to questions raised throughout the discussion regarding File Nos. 101139 and 101404. Motion No. M10-173 APPROVED by the following vote:

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

Noes: None

Absent: Mar

my Avoccoli-Mecca; Tab Buckner; Brenda Barrell; Christopher Cooke; Rebecca Tumara; Female Speaker; Emma Gerald; Crystal Jabba; Alysabeth Alexander; Jorge Garcia; Kay Walker; Gabriel Haaland; Steve Varjofske; Michael Tom; Frank Martine-Del Campo; Mario Ortegas; Female Speaker; Peter Warfield; Darryl Jones; spoke on concerns relating to the process of selecting a successor Mayor. There were no other speakers. The President declared public comment closed. Privilege of the floor was granted to Nancy J. Clark; James Williams; Orry P. Korb (Office of Mr. Miguel Marquez, Office of the County Counsel, County of Santa Clara) who responded to questions raised throughout the discussion regarding File Nos. 101139 and 101404. Supervisor Avalos, seconded by Supervisor Chiu, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, to 'Motion that the Board of Supervisors convene as a Committee of the Whole on November 16, 2010, to take public input and discuss the process by which the Board of Supervisors may exercise its exclusive jurisdiction under the Charter to appoint a successor Mayor for the City and County of San Francisco.' The motion carried by the following vote:

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

Noes: None

Absent: Mar

Motion No. M10-174 APPROVED AS AMENDED by the following vote:

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

Noes: None

Absent: Mar