# Board of Supervisors Minutes: February 15, 2011 - Meeting date: 2011-02-15 - Document type: minutes - Source format: PDF - Extracted pages: 27 - [Canonical HTML transcript](https://sfbos.info/documents/2059/2011-02-15-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m021511.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110012: Accept and Expend Grant - Clean Energy Workforce Training Program and Amendment to the Annual Salary Ordinance for FY2010-2011 - $603,888 - Pages: 2-3 - Sponsors: Mayor; Mar ### File 110071: Waiver of the Competitive Bidding and Solicitation Requirements for a Contract with Environmental Science Associates for the California Environmental Quality Act Review of the 34th America's Cup Event - Pages: 3 - Sponsors: Mayor; Mirkarimi, Chiu, Elsbernd, Farrell, Cohen, Avalos, Wiener and Mar ### File 110072: Accept and Expend Grant - Federal Green Jobs Workforce Development Training Project and Amendment to the Annual Salary Ordinance for FY2010-2011 - $238,000 - Pages: 3 - Sponsors: Mayor; Mar ### File 101557: Creating an Infrastructure Financing District and Adopting an Infrastructure Financing Plan - Rincon Hill Area - Pages: 3 - Sponsors: Mayor; Kim ### File 101576: Settlement of Lawsuit - CCSF v. Alexander A. Deanda, et al. - City to Receive $75,000 - Pages: 3-4 ### File 101577: Settlement of Lawsuit - Gang Hao O'Neil/James O'Neil - $270,000 - Pages: 4 ### File 101592: Settlement of Lawsuit - Mackin, et al. - $63,020 - Pages: 4 ### File 110021: Settlement of Lawsuit - Jason Davis - $4,000,000 - Pages: 4 ### File 110050: Settlement of Lawsuit - Toni Battle - $105,000 - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 110050 [Settlement of Lawsuit - Toni Battle - $105,000] Ordinance authorizing settlement of the lawsuit filed by Toni Battle against the City and County of San Francisco for $105,000; the lawsuit was filed on October 16, 2009, in San Francisco Superior Court, Case No. CGC 09-493489, entitled Battle v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 26-11 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101464: Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area - Pages: 5 - Sponsors: Mirkarimi - Vote 1: final-passage, likely final - Action: 101464 [Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area] Sponsor: Mirkarimi Ordinance amending the San Francisco Planning Code by amending Sections 134, 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5, 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District and to extend the Market and Octavia impact fees area to include the portion of the Upper Market Street Neighborhood Commercial District lying outside the Market and Octavia Plan area; grandfathering certain pipeline projects from the new controls and payment of the infrastructure fee; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Ordinance No. 25-11 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi - Excused: Wiener ### File 101522: Public Works Code - Handbill Distribution - Pages: 5-6 - Sponsors: Chiu - Vote 1: amendment - Action: 101522 [Public Works Code - Handbill Distribution] Sponsor: Chiu Ordinance amending the San Francisco Public Works Code by amending Sections 184.69, 184.70, and 184.72 to ban distribution of handbills on private premises unless the handbills are securely placed upon or attached to and do not damage the premises, specifying a minimum of 30-point font size for "No Handbills" signs, and replacing criminal penalties for unlawful distribution of handbills with administrative penalties, and making environmental findings. Supervisor Chiu, seconded by Supervisor Avalos, moved that this Ordinance be RE-REFERRED to the City Operations and Neighborhood Services Committee. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101124: Appropriating $528,774 of Certificate of Participation Proceeds for Disability Access Improvement Projects and Relocation Costs in the Mayor’s Office on Disability for FY2010-2011 - Pages: 6 - Sponsors: Mayor - Vote 1: first-reading - Action: 101124 [Appropriating $528,774 of Certificate of Participation Proceeds for Disability Access Improvement Projects and Relocation Costs in the Mayor’s Office on Disability for FY2010-2011] Sponsor: Mayor Ordinance appropriating $528,774 of Certificate of Participation Series 2011A proceeds, including $477,732 to fund disability access improvements and $51,042 for temporary relocation costs in the Board of Supervisors chambers for the Mayor’s Office on Disability in the General Services Agency, Administrative Services, for FY2010-2011 and placing $528,774 on Controller’s reserve pending issuance of Certificate of Participation and $51,042 on Budget and Finance Committee Reserve pending submission of the cost details for the temporary relocation of the Board of Supervisors meetings by the Department of Technology and General Services Agency. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Noes: Avalos ### File 110069: Administrative Code - Health Service System Plans and Contribution Rates for FY2011-2012 - Pages: 6 - Sponsors: Chu - Vote 1: first-reading - Action: 110069 [Administrative Code - Health Service System Plans and Contribution Rates for FY2011-2012] Sponsor: Chu Ordinance amending the San Francisco Administrative Code, Chapter 16, Article XV, of Part 1 by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101431: Lease - Portsmouth Plaza Parking Corporation - Portsmouth Square Garage Operations - Pages: 6-7 - Sponsors: Chiu - Vote 1: adoption, likely final - Action: 101431 [Lease - Portsmouth Plaza Parking Corporation - Portsmouth Square Garage Operations] Sponsor: Chiu Resolution authorizing the Recreation and Park Department General Manager to enter into a lease with Portsmouth Plaza Parking Corporation for the operation of the Portsmouth Square Garage. Resolution No. 85-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101479: Sale of Surplus Property - 909 Tennessee Street - $1,310,000 - Pages: 7 - Vote 1: adoption, likely final - Action: 101479 [Sale of Surplus Property - 909 Tennessee Street - $1,310,000] Resolution approving the sale of an improved surplus property located at 909 Tennessee Street, within Lot No. 001, Block No. 4108, City and County of San Francisco, to the highest responsible cash bidder for a purchase price of not less than $1,310,000; adopting findings pursuant to the California Environmental Quality Act; 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. 84-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101481: Contract Amendment - Ambulance Billing - $20,000,000 - Pages: 7 - Vote 1: adoption, likely final - Action: 101481 [Contract Amendment - Ambulance Billing - $20,000,000] Resolution authorizing the San Francisco Fire Department to amend the Department’s ambulance billing contract with ADPI West, Inc., that anticipates approximately $20,000,000 per year in revenues, authorize the first two-year contract extension; retroactively approve the first contract extension to July 1, 2010, and at the Department’s discretion authorize the Department to exercise the second two-year extension for the contract. (Fire Department) Resolution No. 91-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101502: Professional Services Agreement - Terminal 2/Boarding Area D Renovations - Not to Exceed $16,850,000 - Pages: 7 - Vote 1: adoption, likely final - Action: 101502 [Professional Services Agreement - Terminal 2/Boarding Area D Renovations - Not to Exceed $16,850,000] Resolution approving Modification No. 5 to the Professional Services Agreement for Construction Management Services for Terminal 2/Boarding Area D Renovations and Related Facilities in the amount of $1,710,000 for a new total contract amount not to exceed $16,850,000. (Airport Commission) Privilege of the floor was granted to Harvey Rose, Budget and Legislative Analyst, and Cathy Widener (SFO) who responded to questions raised throughout the discussion regarding File No. 101502. Resolution No. 90-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110020: Airport Lease and Operating Agreement - Smarte Carte, Inc. - Pages: 7-8 - Vote 1: adoption, likely final - Action: 110020 [Airport Lease and Operating Agreement - Smarte Carte, Inc.] Resolution approving the exercise of the last of five one-year options to extend the term of Luggage Cart Lease and Operating Agreement No. 01-0343 between Smarte Carte, Inc. and the City and County of San Francisco, by and through its Airport Commission. (Airport Commission) (Fiscal Impact.) Resolution No. 88-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110052: Construction Management Contract - Harry Tracy Water Treatment Plant Long Term Improvements Project - Not to Exceed $16,000,000 - Pages: 8 - Vote 1: adoption, likely final - Action: 110052 [Construction Management Contract - Harry Tracy Water Treatment Plant Long Term Improvements Project - Not to Exceed $16,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Water System Improvement Program-funded Professional Service Agreement No. CS-919R, Harry Tracy Water Treatment Plant Long Term Improvements Project, Construction Management Services Staff Augmentation, with HDR Engineering, Inc, for an amount not to exceed $16,000,000 with a term of up to 60 months, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact.) Resolution No. 87-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110076: Establishing Monthly Contribution Amount to the Health Service Trust Fund - Pages: 8 - Sponsors: Chu - Vote 1: adoption, likely final - Action: 110076 [Establishing Monthly Contribution Amount to the Health Service Trust Fund] Sponsor: Chu Resolution establishing monthly contribution amount to the Health Service Trust Fund. (Fiscal Impact.) Resolution No. 86-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101120: Police Code - Discharge of Firearms; Fireworks - Pages: 8 - Sponsors: Mayor - Vote 1: first-reading - Action: 101120 [Police Code - Discharge of Firearms; Fireworks] Sponsor: Mayor Ordinance amending the San Francisco Police Code by amending Sections 1290, 4502, and 4506 to consolidate the prohibitions on the discharge of firearms within the City and to re-state the exceptions to those prohibitions. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110037: Confirming Appointment, San Francisco Relocation Appeals Board - Paul Kelly - Pages: 8-9 - Sponsors: Mayor - Vote 1: tabling - Action: 110037 [Confirming Appointment, San Francisco Relocation Appeals Board - Paul Kelly] Sponsor: Mayor Motion confirming the appointment of Paul Kelly to the San Francisco Relocation Appeals Board, for the unexpired portion of a three-year term ending January 2, 2012. (Supervisor Kim dissented in Committee.) President Chiu acknowledged receipt of a letter dated February 15, 2011, from Mayor Lee indicating the withdrawal of the appointment of Paul Kelly to the Relocation Appeals Board. Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110041: Appeal of Determination of Exemption from Environmental Review - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive - Pages: 10-11 - Vote 1: continuance - Action: 110041 [Appeal of Determination of Exemption from Environmental Review - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Hearing of persons interested in or objecting to the decision of the Planning Department and Commission dated June 8, 2009, Case No. 2008.0558E, that a project located at 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive is exempt from environmental review under Categorical Exemption, Classes 1 and 3 (State Guidelines Sections 15301(l)(4) and 15303(a)). The proposed project involves the subdivision of two existing lots into four and the construction of three new single-family homes fronting on Los Palmos Drive, Lot Nos. 116 and 117 in Assessor's Block No. 3027A. (District 7) (Appellant: Stephen M. Williams, on behalf of the Miraloma Park Improvement Club). (Filed January 7, 2011; Companion Measure to File Nos. 110042, 110043. 110044.) Supervisor Wiener, seconded by Supervisor Chu, moved that this Hearing be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 2: rescission - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 3: continuance - Action: The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Hearing be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd ### File 110042: Affirming the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive - Pages: 11 - Vote 1: continuance - Action: 110042 [Affirming the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Motion affirming the determination by the Planning Department and Commission that the project located at 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive is exempt from environmental review. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 2: rescission - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 3: continuance - Action: The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd ### File 110043: Reversing the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive - Pages: 11-12 - Vote 1: continuance - Action: 110043 [Reversing the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Motion reversing the determination by the Planning Department and Commission that the 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive project is exempt from environmental review. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 2: rescission - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 3: continuance - Action: The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd ### File 110044: Preparation of Findings to Reverse the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive - Pages: 12 - Vote 1: continuance - Action: 110044 [Preparation of Findings to Reverse the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department and Commission that the project located at 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive is exempt from environmental review. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 2: rescission - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd - Vote 3: continuance - Action: The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Elsbernd ### File 110073: Agreement - Owners' Association for Administration/Management of Mission Miracle Mile Business Improvement District - Pages: 12-13 - Sponsors: Campos - Vote 1: adoption, likely final - Action: 110073 [Agreement - Owners' Association for Administration/Management of Mission Miracle Mile Business Improvement District] Sponsor: Campos Resolution approving an agreement with the nonprofit Owners' Association for administration/management of the property-based business improvement district known as the “Mission Miracle Mile Business Improvement District,” pursuant to Section 36651 of the California Streets and Highways Code. Resolution No. 92-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: other - Action: City and County of San Francisco Page 141 Printed at 8:34 am on 3/23/11 Board of Supervisors Meeting Minutes 2/15/2011 Recommendations from the Rules Committee Supervisor Avalos Excused from Voting Supervisor Chu, seconded by Supervisor Mirkarimi, moved that Supervisor Avalos be excused from voting on File No. 110133. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110133: Appointment, Bay Area Air Quality Management District - Supervisor John Avalos - Pages: 13 - Vote 1: continuance - Action: 110133 [Appointment, Bay Area Air Quality Management District - Supervisor John Avalos] Motion appointing Supervisor John Avalos, term ending February 1, 2013, to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos - Vote 2: other - Action: Supervisor Kim Excused from Voting Supervisor Campos, seconded by Supervisor Farrell, moved that Supervisor Kim be excused from voting on File No. 110136. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener - Excused: Kim ### File 110136: Appointment, Transbay Joint Powers Authority - Supervisor Jane Kim - Pages: 13-14 - Vote 1: approval, likely final - Action: 110136 [Appointment, Transbay Joint Powers Authority - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim to the Transbay Joint Powers Authority. (Clerk of the Board) Motion No. M11-21 APPROVED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener - Excused: Kim - Vote 2: other - Action: City and County of San Francisco Page 142 Printed at 8:34 am on 3/23/11 Board of Supervisors Meeting Minutes 2/15/2011 Supervisor Mar Excused from Voting Supervisor Chu, seconded by Supervisor Campos, moved that Supervisor Mar be excused from voting on File No. 110135. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener - Excused: Mar ### File 110135: Appointment, Urban Counties Caucus - Supervisor Eric Mar - Pages: 14 - Vote 1: approval, likely final - Action: 110135 [Appointment, Urban Counties Caucus - Supervisor Eric Mar] Motion appointing Supervisor Eric Mar, term ending December 31, 2012, to the Urban Counties Caucus. (Clerk of the Board) Motion No. M11-22 APPROVED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener - Excused: Mar - Vote 2: other - Action: Supervisors Campos, Chu, Elsbernd, and Mar Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that Supervisors Campos, Chu, Elsbernd, and Mar be excused from voting on File No. 110137. The motion carried by the following vote: - Ayes: Avalos, Chiu, Cohen, Farrell, Kim, Mirkarimi, Wiener - Excused: Campos, Chu, Elsbernd, Mar ### File 110137: Appointments, Golden Gate Bridge, Highway and Transportation District - Supervisors Sean Elsbernd, Carmen Chu, David Campos and Eric Mar - Pages: 14 - Sponsors: Sean Elsbernd, Carmen Chu, David Campos and Eric Mar] - Vote 1: approval, likely final - Action: 110137 [Appointments, Golden Gate Bridge, Highway and Transportation District - Supervisors Sean Elsbernd, Carmen Chu, David Campos and Eric Mar] Motion appointing Supervisors Sean Elsbernd, Carmen Chu, David Campos, and Eric Mar, terms ending January 31, 2013, to the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M11-23 APPROVED by the following vote: - Ayes: Avalos, Chiu, Cohen, Farrell, Kim, Mirkarimi, Wiener - Excused: Campos, Chu, Elsbernd, Mar ### File 101493: Charter Amendment - Compensation of Board of Education Members - Pages: 14-15 - Sponsors: Kim; Campos, Mar, Avalos and Chiu - Vote 1: amendment - Action: 101493 [Charter Amendment - Compensation of Board of Education Members] Sponsors: Kim; Campos, Mar, Avalos and Chiu Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Section 8.100, to increase the compensation for members of the Board of Education from a monthly stipend of $500 to one-half the annual salary of a first-year teacher in the San Francisco Unified School District, establish training and professional development requirements for Board members, and require the City annually to appropriate to the Unified School District an amount sufficient to pay the members' salaries until the State has repaid the District for any outstanding reductions in Proposition 98 funding. See duplicated File No. 110181. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be DUPLICATED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: continuance - Action: City and County of San Francisco Page 143 Printed at 8:34 am on 3/23/11 Board of Supervisors Meeting Minutes 2/15/2011 Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be CONTINUED to a Committee of the Whole on March 1, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110181: Charter Amendment - Compensation of Board of Education Members - Pages: 15 - Sponsors: Kim; Campos, Mar, Avalos and Chiu - Vote 1: amendment - Action: 110181 [Charter Amendment - Compensation of Board of Education Members] Sponsors: Kim; Campos, Mar, Avalos and Chiu Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Section 8.100, to increase the compensation for members of the Board of Education from a monthly stipend of $500 to one-half the annual salary of a first-year teacher in the San Francisco Unified School District, establish training and professional development requirements for Board members, and require the City annually to appropriate to the Unified School District an amount sufficient to pay the members' salaries until the State has repaid the District for any outstanding reductions in Proposition 98 funding. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: continuance - Action: Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Section 8.100, to authorize the Board of Education to set the compensation for its members, not to exceed one-half the annual salary of a first-year teacher in the San Francisco Unified School District, and to establish training and professional development requirements for Board of Education members. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be CONTINUED AS AMENDED to a Committee of the Whole on March 1, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101287: Liquor License - 1005 Minnesota Street - Pages: 15-16 - Vote 1: adoption, likely final - Action: 101287 [Liquor License - 1005 Minnesota Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license and the transfer of a Type 20 off-sale beer and wine license from Ferry Building, Market Place, Unit 33, the Embarcadero, to Wayne Garcia, for DIGWines, LLC, located at 1005 Minnesota Street (District 10), 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. 59-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110074: MUNI Youth Lifeline Discount Fast Pass Program Changes - Pages: 16 - Sponsors: Campos; Mirkarimi, Avalos, Cohen, Kim, Mar and Chiu - Vote 1: adoption, likely final - Action: 110074 [MUNI Youth Lifeline Discount Fast Pass Program Changes] Sponsors: Campos; Mirkarimi, Avalos, Cohen, Kim, Mar and Chiu Resolution urging the San Francisco Municipal Transportation Agency to adopt changes to the Youth Lifeline Discount Fast Pass Program for qualified low-income youth. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 83-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110161: Accept and Expend Grant - Installation of Rubber Sidewalks - Not to Exceed $12,600 - Pages: 16-17 - Sponsors: Cohen ### File 110162: Oliver W. Sipple Day - September 22, 2011 - Pages: 17 - Sponsors: Campos; Wiener ### File 110171: Park Branch Library Reopening - Pages: 17 - Sponsors: Mirkarimi ### File 110167: Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.1 Concerning the Budget and Finance Committee Structure - Pages: 17 - Sponsors: Chu ### File 110172: Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.7 Extending the Joint City and School District Committee for One Year Ending March 1, 2012 - Pages: 17-18 - Sponsors: Cohen - Vote 1: approval, likely final - Action: 110172 [Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.7 Extending the Joint City and School District Committee for One Year Ending March 1, 2012] Sponsor: Cohen Motion suspending Rule 4.38 of the Board of Supervisors’ Rules of Order to consider, without reference, an amendment to Rule 5.7 to extend the term of the Joint City and School District Select Committee for one year ending March 1, 2012. Motion No. M11-25 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110170: Urging the Governor of California to Protect Proposition 10 Funding for Local Children’s Programs - Pages: 18 - Sponsors: Mar; Campos - Vote 1: continuance - Action: 110170 [Urging the Governor of California to Protect Proposition 10 Funding for Local Children’s Programs] Sponsors: Mar; Campos Resolution urging the Governor of California to protect Proposition 10 County funding by not sweeping $1,000,000,000 in Proposition 10 funds from local First 5 Commissions reserves, and urging a permanent diversion of 50% of all future Proposition 10 revenues. Supervisor Campos requested to be added as a co-sponsor. Supervisor Elsbernd, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to March 1, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110182: Police Code, Administrative Code - Displaced Worker Protections - Certain Employees; Prevailing Wage Protections - Janitorial Employees - Pages: 18-19 - Sponsors: Chiu ### File 110183: Accept and Expend Grant - Broadband Technology Opportunities Program and Amendment to the Annual Salary Ordinance, FY2010-2011 - $7,931,632 - Pages: 19 - Sponsors: Mayor; Chiu and Campos ### File 110184: De-Appropriating $15,479,251 of Market Rate Bond Proceeds and Re-Appropriating to Below Market Rate - Seismic Safety Loan Program - FY2010-2011 - Pages: 19 - Sponsors: Mayor ### File 110113: Appropriating $195,176 of General Fund Property Transfer Tax and Reducing Botanical Garden Fee Revenue for FY2010-2011 - Pages: 19 - Sponsors: Avalos ### File 110068: Administrative Code - Rewards to Informants for Information Related to the Detection of Underpayment of Property Tax - Pages: 19-20 - Sponsors: Chiu ### File 110185: Reciprocal Easement Agreement - Property Located at 150 Otis Street and 170 Otis Street - Pages: 20 - Sponsors: Chiu ### File 110186: Establishing a Comprehensive Recycling Program - Pages: 20 - Sponsors: Mirkarimi; Avalos, Mar and Campos ### File 110187: CEQA Findings - Public Utilities Commission Calaveras Dam Replacement Project - Pages: 20 - Sponsors: Elsbernd ### File 110189: Urging the California State Legislature and the Governor to Enact SB 223 - Pages: 20-21 - Sponsors: Chiu; Wiener, Avalos, Elsbernd, Mirkarimi and Campos ### File 110190: Apply for Grant - Urban Forest for Every City - Pages: 21 - Sponsors: Mayor ### File 110188: Hearing - Reserved Funds, Public Utilities Commission - $330,510,906 - Pages: 21 - Sponsors: Elsbernd ### File 110191: Hearing - Local Hiring for Construction Ordinance Implementation Status - Pages: 21 - Sponsors: Avalos ### File 110192: Hearing - City’s Five-Year Financial Plan - Pages: 21 - Sponsors: Chu ### File 110193: Hearing - San Francisco Unified School District - Summer School Program - Pages: 21 - Sponsors: Cohen ### File 110194: Hearing - City's Debt Structure - Pages: 21-22 - Sponsors: Farrell ### File 110195: Hearing - Emergency Personnel Staffing Levels for Athletic Events at Golden Gate Park - Pages: 22 - Sponsors: Mar ### File 110196: Hearing - Golden Gate National Recreation Area's Draft Off-Leash Dog Policy - Pages: 22 - Sponsors: Wiener ### File 110197: Hearing - Charter Amendment - Compensation of Board of Education Members - Pages: 22 - Sponsors: Kim; Campos, Mar, Avalos and Chiu ### File 110146: Settlement of Lawsuit - Liberato Primer, Jr. - $125,000 - Pages: 22 ### File 110147: General Plan Amendment - Mission District Streetscape Plan - Pages: 22-23 ### File 110148: Lease - ParkWide Activities, LLC - Master Bike Rental Concession Operation - Pages: 23-27 ## Extracted text ### [Page 1](https://sfbos.info/documents/2059/2011-02-15-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, February 15, 2011 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, ROSS MIRKARIMI, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Chu, Mirkarimi, Kim 1:00 PM City and School District Select Committee 2nd and 4th Thursday Supervisors Cohen, Avalos, Chu, Commissioners Fewer, Maufas, Norton 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Avalos, Mar, Elsbernd 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Campos, Farrell, Chiu 10:00 AM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Mirkarimi, Cohen, Campos 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Elsbernd, Farrell 1:30 PM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 106 Number 8 ### [Page 2](https://sfbos.info/documents/2059/2011-02-15-minutes#page-2) Board of Supervisors Meeting Minutes 2/15/2011 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Ross Mirkarimi, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:13 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Farrell, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes of January 11, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener COMMUNICATIONS There were none. CONSENT AGENDA Recommendations the Budget and Finance Committee 110012 [Accept and Expend Grant - Clean Energy Workforce Training Program and Amendment to the Annual Salary Ordinance for FY2010-2011 - $603,888] Sponsors: Mayor; Mar Ordinance authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $603,888 from the California Employment Development Department to support the Clean Energy Workforce Training Program, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one (1) grant funded 9772 Community Development Specialist position at 0.6 FTE in FY2010-2011 in the Mayor's Office of Economic and Workforce Development. Ordinance No. 20-11 FINALLY PASSED City and County of San Francisco Page 131 Printed at 8:34 am on 3/23/11 ### [Page 3](https://sfbos.info/documents/2059/2011-02-15-minutes#page-3) Board of Supervisors Meeting Minutes 2/15/2011 110071 [Waiver of the Competitive Bidding and Solicitation Requirements for a Contract with Environmental Science Associates for the California Environmental Quality Act Review of the 34th America's Cup Event] Sponsors: Mayor; Mirkarimi, Chiu, Elsbernd, Farrell, Cohen, Avalos, Wiener and Mar Ordinance approving a waiver of the competitive bidding and solicitation requirements of Chapter 6 and Chapter 21 of the San Francisco Administrative Code for a contract with Environmental Science Associates for California Environmental Quality Act review of the 34th America’s Cup Event, and coordinating and developing submittals for associated federal and state permits. Ordinance No. 27-11 FINALLY PASSED 110072 [Accept and Expend Grant - Federal Green Jobs Workforce Development Training Project and Amendment to the Annual Salary Ordinance for FY2010-2011 - $238,000] Sponsors: Mayor; Mar Ordinance authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $238,000 from the United States Department of Labor Employment and Training Administration to fund the Green Jobs Workforce Development Training Project, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one (1) grant funded 1824 Principal Administrative Analyst at 0.5 FTE in FY2010-2011 in the Mayor's Office of Economic and Workforce Development. Ordinance No. 21-11 FINALLY PASSED 101557 [Creating an Infrastructure Financing District and Adopting an Infrastructure Financing Plan - Rincon Hill Area] Sponsors: Mayor; Kim Ordinance creating an Infrastructure Financing District and adopting an Infrastructure Financing Plan for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Ordinance No. 19-11 FINALLY PASSED Recommendations of the Rules Committee 101576 [Settlement of Lawsuit - CCSF v. Alexander A. Deanda, et al. - City to Receive $75,000] Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against Alexander A. Deanda, Gerald T. Lyons, and Sheldon Morris for $45,000 from defendant Alexander A. Deanda and $30,000 from Gerald T. Lyons; the lawsuit was filed on November 24, 2008, in San Mateo Superior Court, Case No. Civ 482-183; entitled City and County of San Francisco, et al. v. Alexander A. Deanda, et al.; the City has not yet settled with defendant Sheldon Morris. (City Attorney) Ordinance No. 23-11 FINALLY PASSED City and County of San Francisco Page 132 Printed at 8:34 am on 3/23/11 ### [Page 4](https://sfbos.info/documents/2059/2011-02-15-minutes#page-4) Board of Supervisors Meeting Minutes 2/15/2011 101577 [Settlement of Lawsuit - Gang Hao O'Neil/James O'Neil - $270,000] Ordinance authorizing settlement of the lawsuit filed by Gang Hao O'Neil and James O'Neil against the City and County of San Francisco for $270,000; the lawsuit was filed on October 5, 2009, in the San Francisco Superior Court, Case No. CGC 09-491579, entitled Gang Hao O'Neil and James O'Neil v. City and County of San Francisco. (City Attorney) Ordinance No. 22-11 FINALLY PASSED 101592 [Settlement of Lawsuit - Mackin, et al. - $63,020] Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric Company; Fremont Bank; and Does 1 through 100, to condemn and take by right of eminent domain a temporary construction easement over portions of real property located in Sunol, California, APN 096-0001-020-03; filed May 24, 2010, in Alameda County Superior Court, Case No. RG-10516566; entitled City of San Francisco v. Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric Company; Fremont Bank; and Does 1 through 100. (City Attorney) Ordinance No. 24-11 FINALLY PASSED 110021 [Settlement of Lawsuit - Jason Davis - $4,000,000] Ordinance authorizing settlement of the lawsuit filed by Jason Davis against the City and County of San Francisco for $4,000,000; the lawsuit was filed on August 28, 2009, in Contra Costa Superior Court, Case No. MSC 09-02405; entitled Jason L. Davis, et al. v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 16-11 FINALLY PASSED 110050 [Settlement of Lawsuit - Toni Battle - $105,000] Ordinance authorizing settlement of the lawsuit filed by Toni Battle against the City and County of San Francisco for $105,000; the lawsuit was filed on October 16, 2009, in San Francisco Superior Court, Case No. CGC 09-493489, entitled Battle v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 26-11 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 133 Printed at 8:34 am on 3/23/11 ### [Page 5](https://sfbos.info/documents/2059/2011-02-15-minutes#page-5) Board of Supervisors Meeting Minutes 2/15/2011 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Land Use and Economic Development Committee Supervisor Wiener Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that Supervisor Wiener be excused from voting on File No. 101464. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi Excused: 1 - Wiener 101464 [Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area] Sponsor: Mirkarimi Ordinance amending the San Francisco Planning Code by amending Sections 134, 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5, 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District and to extend the Market and Octavia impact fees area to include the portion of the Upper Market Street Neighborhood Commercial District lying outside the Market and Octavia Plan area; grandfathering certain pipeline projects from the new controls and payment of the infrastructure fee; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Ordinance No. 25-11 FINALLY PASSED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi Excused: 1 - Wiener 101522 [Public Works Code - Handbill Distribution] Sponsor: Chiu Ordinance amending the San Francisco Public Works Code by amending Sections 184.69, 184.70, and 184.72 to ban distribution of handbills on private premises unless the handbills are securely placed upon or attached to and do not damage the premises, specifying a minimum of 30-point font size for "No Handbills" signs, and replacing criminal penalties for unlawful distribution of handbills with administrative penalties, and making environmental findings. Supervisor Chiu, seconded by Supervisor Avalos, moved that this Ordinance be RE-REFERRED to the City Operations and Neighborhood Services Committee. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 134 Printed at 8:34 am on 3/23/11 ### [Page 6](https://sfbos.info/documents/2059/2011-02-15-minutes#page-6) Board of Supervisors Meeting Minutes 2/15/2011 NEW BUSINESS Recommendations of the Budget and Finance Committee 101124 [Appropriating $528,774 of Certificate of Participation Proceeds for Disability Access Improvement Projects and Relocation Costs in the Mayor’s Office on Disability for FY2010-2011] Sponsor: Mayor Ordinance appropriating $528,774 of Certificate of Participation Series 2011A proceeds, including $477,732 to fund disability access improvements and $51,042 for temporary relocation costs in the Board of Supervisors chambers for the Mayor’s Office on Disability in the General Services Agency, Administrative Services, for FY2010-2011 and placing $528,774 on Controller’s reserve pending issuance of Certificate of Participation and $51,042 on Budget and Finance Committee Reserve pending submission of the cost details for the temporary relocation of the Board of Supervisors meetings by the Department of Technology and General Services Agency. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Noes: 1 - Avalos 110069 [Administrative Code - Health Service System Plans and Contribution Rates for FY2011-2012] Sponsor: Chu Ordinance amending the San Francisco Administrative Code, Chapter 16, Article XV, of Part 1 by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101431 [Lease - Portsmouth Plaza Parking Corporation - Portsmouth Square Garage Operations] Sponsor: Chiu Resolution authorizing the Recreation and Park Department General Manager to enter into a lease with Portsmouth Plaza Parking Corporation for the operation of the Portsmouth Square Garage. Resolution No. 85-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 135 Printed at 8:34 am on 3/23/11 ### [Page 7](https://sfbos.info/documents/2059/2011-02-15-minutes#page-7) Board of Supervisors Meeting Minutes 2/15/2011 101479 [Sale of Surplus Property - 909 Tennessee Street - $1,310,000] Resolution approving the sale of an improved surplus property located at 909 Tennessee Street, within Lot No. 001, Block No. 4108, City and County of San Francisco, to the highest responsible cash bidder for a purchase price of not less than $1,310,000; adopting findings pursuant to the California Environmental Quality Act; 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. 84-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101481 [Contract Amendment - Ambulance Billing - $20,000,000] Resolution authorizing the San Francisco Fire Department to amend the Department’s ambulance billing contract with ADPI West, Inc., that anticipates approximately $20,000,000 per year in revenues, authorize the first two-year contract extension; retroactively approve the first contract extension to July 1, 2010, and at the Department’s discretion authorize the Department to exercise the second two-year extension for the contract. (Fire Department) Resolution No. 91-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101502 [Professional Services Agreement - Terminal 2/Boarding Area D Renovations - Not to Exceed $16,850,000] Resolution approving Modification No. 5 to the Professional Services Agreement for Construction Management Services for Terminal 2/Boarding Area D Renovations and Related Facilities in the amount of $1,710,000 for a new total contract amount not to exceed $16,850,000. (Airport Commission) Privilege of the floor was granted to Harvey Rose, Budget and Legislative Analyst, and Cathy Widener (SFO) who responded to questions raised throughout the discussion regarding File No. 101502. Resolution No. 90-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110020 [Airport Lease and Operating Agreement - Smarte Carte, Inc.] Resolution approving the exercise of the last of five one-year options to extend the term of Luggage Cart Lease and Operating Agreement No. 01-0343 between Smarte Carte, Inc. and the City and County of San Francisco, by and through its Airport Commission. (Airport Commission) (Fiscal Impact.) Resolution No. 88-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 136 Printed at 8:34 am on 3/23/11 ### [Page 8](https://sfbos.info/documents/2059/2011-02-15-minutes#page-8) Board of Supervisors Meeting Minutes 2/15/2011 110052 [Construction Management Contract - Harry Tracy Water Treatment Plant Long Term Improvements Project - Not to Exceed $16,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Water System Improvement Program-funded Professional Service Agreement No. CS-919R, Harry Tracy Water Treatment Plant Long Term Improvements Project, Construction Management Services Staff Augmentation, with HDR Engineering, Inc, for an amount not to exceed $16,000,000 with a term of up to 60 months, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact.) Resolution No. 87-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110076 [Establishing Monthly Contribution Amount to the Health Service Trust Fund] Sponsor: Chu Resolution establishing monthly contribution amount to the Health Service Trust Fund. (Fiscal Impact.) Resolution No. 86-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Recommendation of the Public Safety Committee 101120 [Police Code - Discharge of Firearms; Fireworks] Sponsor: Mayor Ordinance amending the San Francisco Police Code by amending Sections 1290, 4502, and 4506 to consolidate the prohibitions on the discharge of firearms within the City and to re-state the exceptions to those prohibitions. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Recommendation of the Rules Committee 110037 [Confirming Appointment, San Francisco Relocation Appeals Board - Paul Kelly] Sponsor: Mayor Motion confirming the appointment of Paul Kelly to the San Francisco Relocation Appeals Board, for the unexpired portion of a three-year term ending January 2, 2012. (Supervisor Kim dissented in Committee.) President Chiu acknowledged receipt of a letter dated February 15, 2011, from Mayor Lee indicating the withdrawal of the appointment of Paul Kelly to the Relocation Appeals Board. Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 137 Printed at 8:34 am on 3/23/11 ### [Page 9](https://sfbos.info/documents/2059/2011-02-15-minutes#page-9) Board of Supervisors Meeting Minutes 2/15/2011 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Cohen, seconded by Supervisor Avalos, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisors introduced, welcomed, and presented Certificates of Honor to individuals in recognition of Black History Month, their accomplishments, and their continued community support as referenced below: Supervisor Avalos recognized Deloris McGee; Supervisor Cohen recognized Desmond Bishop; Supervisor Campos recognized Alicia Garza (POWER); Supervisor Wiener recognized Annie Shynebaugh; Supervisor Elsbernd recognized Alice Guidry; Supervisor Kim recognized Victor Nelson and Jazzie Collins; Supervisor Mirkarimi recognized Linda Yoakum, Carmen Johnson, Marva Brooks, and Abraham Landry (Dr. Martin Luther King/ Marcus Garvey Cooperative Housing Development Board Members); Supervisor Chu recognized Lainie McDuffie; Supervisor Chiu recognized Allen Smith; Supervisor Farrel recognized Leona M. Bridges; and Supervisor Mar recognized Nino Parker. City and County of San Francisco Page 138 Printed at 8:34 am on 3/23/11 ### [Page 10](https://sfbos.info/documents/2059/2011-02-15-minutes#page-10) Board of Supervisors Meeting Minutes 2/15/2011 SPECIAL ORDER 4:00 P.M. Supervisor Elsbernd Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Farrell, moved that Supervisor Elsbernd be excused from voting on File Nos. 110041, 110042, 110043, and 110044. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd 110041 [Appeal of Determination of Exemption from Environmental Review - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Hearing of persons interested in or objecting to the decision of the Planning Department and Commission dated June 8, 2009, Case No. 2008.0558E, that a project located at 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive is exempt from environmental review under Categorical Exemption, Classes 1 and 3 (State Guidelines Sections 15301(l)(4) and 15303(a)). The proposed project involves the subdivision of two existing lots into four and the construction of three new single-family homes fronting on Los Palmos Drive, Lot Nos. 116 and 117 in Assessor's Block No. 3027A. (District 7) (Appellant: Stephen M. Williams, on behalf of the Miraloma Park Improvement Club). (Filed January 7, 2011; Companion Measure to File Nos. 110042, 110043. 110044.) Supervisor Wiener, seconded by Supervisor Chu, moved that this Hearing be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Hearing be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd The President CONTINUED the Hearing open to March 22, 2011. City and County of San Francisco Page 139 Printed at 8:34 am on 3/23/11 ### [Page 11](https://sfbos.info/documents/2059/2011-02-15-minutes#page-11) Board of Supervisors Meeting Minutes 2/15/2011 110042 [Affirming the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Motion affirming the determination by the Planning Department and Commission that the project located at 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive is exempt from environmental review. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd 110043 [Reversing the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Motion reversing the determination by the Planning Department and Commission that the 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive project is exempt from environmental review. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd City and County of San Francisco Page 140 Printed at 8:34 am on 3/23/11 ### [Page 12](https://sfbos.info/documents/2059/2011-02-15-minutes#page-12) Board of Supervisors Meeting Minutes 2/15/2011 110044 [Preparation of Findings to Reverse the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department and Commission that the project located at 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive is exempt from environmental review. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; expressed various comments. There were no other speakers. Supervisor Wiener, seconded by Supervisor Chu, moved that this Motion be CONTINUED to March 22, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Elsbernd COMMITTEE REPORTS Recommendation from the Government Audit and Oversight Committee 110073 [Agreement - Owners' Association for Administration/Management of Mission Miracle Mile Business Improvement District] Sponsor: Campos Resolution approving an agreement with the nonprofit Owners' Association for administration/management of the property-based business improvement district known as the “Mission Miracle Mile Business Improvement District,” pursuant to Section 36651 of the California Streets and Highways Code. Resolution No. 92-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 141 Printed at 8:34 am on 3/23/11 ### [Page 13](https://sfbos.info/documents/2059/2011-02-15-minutes#page-13) Board of Supervisors Meeting Minutes 2/15/2011 Recommendations from the Rules Committee Supervisor Avalos Excused from Voting Supervisor Chu, seconded by Supervisor Mirkarimi, moved that Supervisor Avalos be excused from voting on File No. 110133. The motion carried by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos 110133 [Appointment, Bay Area Air Quality Management District - Supervisor John Avalos] Motion appointing Supervisor John Avalos, term ending February 1, 2013, to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos Supervisor Kim Excused from Voting Supervisor Campos, seconded by Supervisor Farrell, moved that Supervisor Kim be excused from voting on File No. 110136. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener Excused: 1 - Kim 110136 [Appointment, Transbay Joint Powers Authority - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim to the Transbay Joint Powers Authority. (Clerk of the Board) Motion No. M11-21 APPROVED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener Excused: 1 - Kim City and County of San Francisco Page 142 Printed at 8:34 am on 3/23/11 ### [Page 14](https://sfbos.info/documents/2059/2011-02-15-minutes#page-14) Board of Supervisors Meeting Minutes 2/15/2011 Supervisor Mar Excused from Voting Supervisor Chu, seconded by Supervisor Campos, moved that Supervisor Mar be excused from voting on File No. 110135. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Excused: 1 - Mar 110135 [Appointment, Urban Counties Caucus - Supervisor Eric Mar] Motion appointing Supervisor Eric Mar, term ending December 31, 2012, to the Urban Counties Caucus. (Clerk of the Board) Motion No. M11-22 APPROVED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Excused: 1 - Mar Supervisors Campos, Chu, Elsbernd, and Mar Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that Supervisors Campos, Chu, Elsbernd, and Mar be excused from voting on File No. 110137. The motion carried by the following vote: Ayes: 7 - Avalos, Chiu, Cohen, Farrell, Kim, Mirkarimi, Wiener Excused: 4 - Campos, Chu, Elsbernd, Mar 110137 [Appointments, Golden Gate Bridge, Highway and Transportation District - Supervisors Sean Elsbernd, Carmen Chu, David Campos and Eric Mar] Motion appointing Supervisors Sean Elsbernd, Carmen Chu, David Campos, and Eric Mar, terms ending January 31, 2013, to the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M11-23 APPROVED by the following vote: Ayes: 7 - Avalos, Chiu, Cohen, Farrell, Kim, Mirkarimi, Wiener Excused: 4 - Campos, Chu, Elsbernd, Mar 101493 [Charter Amendment - Compensation of Board of Education Members] Sponsors: Kim; Campos, Mar, Avalos and Chiu Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Section 8.100, to increase the compensation for members of the Board of Education from a monthly stipend of $500 to one-half the annual salary of a first-year teacher in the San Francisco Unified School District, establish training and professional development requirements for Board members, and require the City annually to appropriate to the Unified School District an amount sufficient to pay the members' salaries until the State has repaid the District for any outstanding reductions in Proposition 98 funding. See duplicated File No. 110181. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be DUPLICATED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 143 Printed at 8:34 am on 3/23/11 ### [Page 15](https://sfbos.info/documents/2059/2011-02-15-minutes#page-15) Board of Supervisors Meeting Minutes 2/15/2011 Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be CONTINUED to a Committee of the Whole on March 1, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110181 [Charter Amendment - Compensation of Board of Education Members] Sponsors: Kim; Campos, Mar, Avalos and Chiu Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Section 8.100, to increase the compensation for members of the Board of Education from a monthly stipend of $500 to one-half the annual salary of a first-year teacher in the San Francisco Unified School District, establish training and professional development requirements for Board members, and require the City annually to appropriate to the Unified School District an amount sufficient to pay the members' salaries until the State has repaid the District for any outstanding reductions in Proposition 98 funding. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Section 8.100, to authorize the Board of Education to set the compensation for its members, not to exceed one-half the annual salary of a first-year teacher in the San Francisco Unified School District, and to establish training and professional development requirements for Board of Education members. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be CONTINUED AS AMENDED to a Committee of the Whole on March 1, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Recommendations from the City Operations and Neighborhood Services Committee 101287 [Liquor License - 1005 Minnesota Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license and the transfer of a Type 20 off-sale beer and wine license from Ferry Building, Market Place, Unit 33, the Embarcadero, to Wayne Garcia, for DIGWines, LLC, located at 1005 Minnesota Street (District 10), 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. 59-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 144 Printed at 8:34 am on 3/23/11 ### [Page 16](https://sfbos.info/documents/2059/2011-02-15-minutes#page-16) Board of Supervisors Meeting Minutes 2/15/2011 110074 [MUNI Youth Lifeline Discount Fast Pass Program Changes] Sponsors: Campos; Mirkarimi, Avalos, Cohen, Kim, Mar and Chiu Resolution urging the San Francisco Municipal Transportation Agency to adopt changes to the Youth Lifeline Discount Fast Pass Program for qualified low-income youth. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 83-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. Supervisor Cohen was noted absent at 2:51 p.m., and noted present at 2:57 p.m. Supervisor Cohen was noted absent at 3:05 p.m., and noted present at 3:17 p.m. PUBLIC COMMENT Abdallah Megahed; expressed various concerns. Male Speaker; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Mrs. Booey; expressed various concerns relating to the senior homeless community. Male Speaker; expressed various religious concerns. Ray Hartz; expressed concerns relating to government. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed various concerns. Male Speaker; expressed various concerns. Herbert Weiner; expressed concerns relating to pension reform. Male Speaker; expressed concerns relating to payroll taxes. Peter Warfield; expressed concerns relating to the SF Public Library. Edmond Juicye; expressed various concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 110161 [Accept and Expend Grant - Installation of Rubber Sidewalks - Not to Exceed $12,600] Sponsor: Cohen Resolution authorizing the Department of Public Works to apply for grant funds in the amount up to, but not to exceed, $12,600 from the California Department of Resources Recycling and Recovery, Tire-Derived Product Grant Program for the purpose of installing rubber sidewalks and preserving mature trees. Resolution No. 89-11 ADOPTED City and County of San Francisco Page 145 Printed at 8:34 am on 3/23/11 ### [Page 17](https://sfbos.info/documents/2059/2011-02-15-minutes#page-17) Board of Supervisors Meeting Minutes 2/15/2011 110162 [Oliver W. Sipple Day - September 22, 2011] Sponsors: Campos; Wiener Resolution declaring September 22, 2011, as Oliver W. Sipple Day in San Francisco to honor a gay American hero, who on September 22, 1975, saved the life of President Gerald Ford outside of St. Francis Hotel in Union Square in San Francisco. Resolution No. 94-11 ADOPTED 110171 [Park Branch Library Reopening] Sponsor: Mirkarimi Resolution recognizing the grand reopening of the Park Branch Library and commending the San Francisco Public Library, and its team, for their hard work and commitment to San Francisco and its residents. Resolution No. 93-11 ADOPTED 110167 [Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.1 Concerning the Budget and Finance Committee Structure] Sponsor: Chu Motion suspending Rule 4.38 of the Board of Supervisors’ Rules of Order to consider, without reference, an amendment to Rule 5.1 to amend the date the Budget and Finance Committee expands to five members and the date the three member subcommittee is established from April 1 to March 1. Motion No. M11-24 APPROVED 110172 [Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.7 Extending the Joint City and School District Committee for One Year Ending March 1, 2012] Sponsor: Cohen Motion suspending Rule 4.38 of the Board of Supervisors’ Rules of Order to consider, without reference, an amendment to Rule 5.7 to extend the term of the Joint City and School District Select Committee for one year ending March 1, 2012. Motion No. M11-25 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 146 Printed at 8:34 am on 3/23/11 ### [Page 18](https://sfbos.info/documents/2059/2011-02-15-minutes#page-18) Board of Supervisors Meeting Minutes 2/15/2011 Severed from the For Adoption Without Committee Reference Agenda Supervisor Elsbernd requested that File No. 110170 be severed so that it may be considered separately. 110170 [Urging the Governor of California to Protect Proposition 10 Funding for Local Children’s Programs] Sponsors: Mar; Campos Resolution urging the Governor of California to protect Proposition 10 County funding by not sweeping $1,000,000,000 in Proposition 10 funds from local First 5 Commissions reserves, and urging a permanent diversion of 50% of all future Proposition 10 revenues. Supervisor Campos requested to be added as a co-sponsor. Supervisor Elsbernd, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to March 1, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener IMPERATIVE AGENDA There were no items. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or Mayor Ordinances 110182 [Police Code, Administrative Code - Displaced Worker Protections - Certain Employees; Prevailing Wage Protections - Janitorial Employees] Sponsor: Chiu Ordinance amending Police Code Sections 3300C.1, 3300C.3, 3300C.5, and 3300C.6 to impose a lower (ten-employee) threshold for City contractors, subject to the Displaced Worker Ordinance, and to provide enforcement and rulemaking powers to the Office of Labor Standards Enforcement as to City contractors subject to the Act; and amending Administrative Code Section 21.25-1 to expand coverage of the prevailing wage ordinance regarding janitors to City contractors regardless of size. 02/15/11; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/17/2011. City and County of San Francisco Page 147 Printed at 8:34 am on 3/23/11 ### [Page 19](https://sfbos.info/documents/2059/2011-02-15-minutes#page-19) Board of Supervisors Meeting Minutes 2/15/2011 110183 [Accept and Expend Grant - Broadband Technology Opportunities Program and Amendment to the Annual Salary Ordinance, FY2010-2011 - $7,931,632] Sponsors: Mayor; Chiu and Campos Ordinance authorizing the Department of Technology to accept and expend a grant in the amount of $7,931,632 from the U.S. Department of Commerce through the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) Broadband Technology Opportunities Program for Sustainable Broadband Adoption Training and Services, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY 2010-2011) to reflect the addition of two (2) grant-funded positions for the Department of Aging and Adult Services in Class 1823 Senior Administrative Analyst, and four (4) grant-funded positions for the Department of Technology as follows: one (1) position in Class 1823 Senior Administrative Analyst; one (1) position in Class 1844 Senior Management Assistant; one (1) position in Class 1766 Media Production Technician; and one (1) position in Class 1769 Media Production Supervisor. 02/15/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110184 [De-Appropriating $15,479,251 of Market Rate Bond Proceeds and Re-Appropriating to Below Market Rate - Seismic Safety Loan Program - FY2010-2011] Sponsor: Mayor Ordinance de-appropriating $15,479,251 of Market Rate General Obligation Bond Proceeds, Series 2007A, and re-appropriating $15,479,251 to the Below Market Rate Seismic Safety Loan Program in the Mayor’s Office of Housing for FY2010-2011 and maintaining on Controller’s reserve the appropriation equal to the unsold portion of the bonds. (Fiscal Impact.) 02/15/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110113 [Appropriating $195,176 of General Fund Property Transfer Tax and Reducing Botanical Garden Fee Revenue for FY2010-2011] Sponsor: Avalos Ordinance appropriating $195,176 of General Fund from new property transfer tax and reducing botanical garden fee revenues, which will be rescinded as of March 17, 2011, in the Department of Recreation and Park for FY2010-2011. 02/01/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 02/08/11; REFERRED TO DEPARTMENT. 02/15/11; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. 110068 [Administrative Code - Rewards to Informants for Information Related to the Detection of Underpayment of Property Tax] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code by amending Chapter 10, Sections 10.177-2 and 10.177-3, authorizing the Assessor to recommend rewards for information related to the detection of underpayment of tax owed to the City and County of San Francisco. 01/25/11; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 2/24/2011. 02/01/11; REFERRED TO DEPARTMENT. 02/15/11; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 148 Printed at 8:34 am on 3/23/11 ### [Page 20](https://sfbos.info/documents/2059/2011-02-15-minutes#page-20) Board of Supervisors Meeting Minutes 2/15/2011 Resolutions 110185 [Reciprocal Easement Agreement - Property Located at 150 Otis Street and 170 Otis Street] Sponsor: Chiu Resolution approving and authorizing a reciprocal easement agreement for the conveyance of easements over portions of City-owned property located at 150 Otis Street and 170 Otis Street, required as part of the long term ground lease to 150 Otis Associates, L.P., under San Francisco Charter Section 9.118, for the development and operation of affordable housing; adopting findings that the conveyance is in conformance with CEQA, the City's General Plan, and the priority policies of Planning Code Section 101.1; and authorizing City’s Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this resolution. 02/15/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110186 [Establishing a Comprehensive Recycling Program] Sponsors: Mirkarimi; Avalos, Mar and Campos Resolution requesting the Recreation and Parks Department and the Department of the Environment collaborate to establish a comprehensive Parks recycling program utilizing the expertise, volunteer base, and facilities of the HANC Recycling Center in Golden Gate Park, for the Department of the Environment, to establish an Independent Recycling Center Master Plan, and requesting the Recreation and Parks Department to rescind the eviction of the HANC Recycling Center from Golden Gate Park. (Supervisor Elsbernd dissented in Committee.) 02/15/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 110187 [CEQA Findings - Public Utilities Commission Calaveras Dam Replacement Project] Sponsor: Elsbernd Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Water System Improvement Program Calaveras Dam Replacement Project, in Alameda and Santa Clara Counties, including the mitigation habitat actions at various sites; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. 02/15/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110189 [Urging the California State Legislature and the Governor to Enact SB 223] Sponsors: Chiu; Wiener, Avalos, Elsbernd, Mirkarimi and Campos Resolution urging the California State Legislature and the Governor to enact SB 223 to allow the Board of Supervisors of any county to ask voters to consider restoring its vehicle license fee to the 1948-1998 level, giving voters the opportunity to preserve local services, public transportation, and critical programs. 02/15/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 149 Printed at 8:34 am on 3/23/11 ### [Page 21](https://sfbos.info/documents/2059/2011-02-15-minutes#page-21) Board of Supervisors Meeting Minutes 2/15/2011 110190 [Apply for Grant - Urban Forest for Every City] Sponsor: Mayor Resolution authorizing the Planning Department to apply for funding from the Urban Forestry Grant Program entitled “An Urban Forest for Every City” as provided through propositions 40 and 84, to conduct a citywide tree inventory. 02/15/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 110188 [Hearing - Reserved Funds, Public Utilities Commission - $330,510,906] Sponsor: Elsbernd Hearing to consider release of reserved funds, Public Utilities Commission (File No. 100337, Ordinance No. 92-10) in the amount of $330,510,906 to fund the construction for the Water System Improvement Program CUW374-01 - Calaveras Dam Replacement Project. 02/15/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110191 [Hearing - Local Hiring for Construction Ordinance Implementation Status] Sponsor: Avalos Hearing on the status of implementation of the Local Hiring for Construction Ordinance. 02/15/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 110192 [Hearing - City’s Five-Year Financial Plan] Sponsor: Chu Hearing regarding the City’s Five-Year Financial Plan, a requirement of Proposition A (2009). 02/15/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110193 [Hearing - San Francisco Unified School District - Summer School Program] Sponsor: Cohen Hearing on potential summer school programming for the 2011-2012 school year. 02/15/11; RECEIVED AND ASSIGNED to City and School District Select Committee. 110194 [Hearing - City's Debt Structure] Sponsor: Farrell Hearing on the City's debt structure and in particular the $1,360,000,000 in non-voter approved debt on the City's books. 02/15/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 150 Printed at 8:34 am on 3/23/11 ### [Page 22](https://sfbos.info/documents/2059/2011-02-15-minutes#page-22) Board of Supervisors Meeting Minutes 2/15/2011 110195 [Hearing - Emergency Personnel Staffing Levels for Athletic Events at Golden Gate Park] Sponsor: Mar Hearing on minimum levels of staffing of emergency personnel required for athletic events at Golden Gate Park, including noticing requirements for street closures within the park, responsibility for route map submissions to City's emergency response staff, and noticing requirements for participants and the public. 02/15/11; RECEIVED AND ASSIGNED to Public Safety Committee. 110196 [Hearing - Golden Gate National Recreation Area's Draft Off-Leash Dog Policy] Sponsor: Wiener Hearing on the effects of Golden Gate National Recreation Area's draft off-leash dog policy. 02/15/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110197 [Hearing - Charter Amendment - Compensation of Board of Education Members] Sponsors: Kim; Campos, Mar, Avalos and Chiu Hearing of persons interested in or objecting to the proposed Charter Amendments to amend the Charter of the City and County of San Francisco by amending Section 8.100, regarding compensation for members of the Board of Education. 02/15/11; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. Introduced by the President at the Request of a Department PROPOSED ORDINANCES 110146 [Settlement of Lawsuit - Liberato Primer, Jr. - $125,000] Ordinance authorizing settlement of the lawsuit filed by Liberato Primer, Jr., against the City and County of San Francisco for $125,000; the lawsuit was filed on October 5, 2009, in the San Francisco Superior Court, Case No. CGC 09-493199, entitled Liberato Primer, Jr. v. City and County of San Francisco. (City Attorney) 02/01/11; RECEIVED AND ASSIGNED to Rules Committee. 110147 [General Plan Amendment - Mission District Streetscape Plan] Ordinance amending the San Francisco General Plan by amending Policy 5.3.7 of the Mission Area Plan to reflect the adoption of the Mission District Streetscape Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Planning Commission) 02/03/11; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/17/2011. City and County of San Francisco Page 151 Printed at 8:34 am on 3/23/11 ### [Page 23](https://sfbos.info/documents/2059/2011-02-15-minutes#page-23) Board of Supervisors Meeting Minutes 2/15/2011 PROPOSED RESOLUTIONS 110148 [Lease - ParkWide Activities, LLC - Master Bike Rental Concession Operation] Resolution authorizing the Recreation and Park Department General Manager to enter into a lease with ParkWide Activities, LLC, for the operation of a Master Bike Rental Concession in City Parks. (Recreation and Park Department) 02/07/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 152 Printed at 8:34 am on 3/23/11 ### [Page 24](https://sfbos.info/documents/2059/2011-02-15-minutes#page-24) Board of Supervisors Meeting Minutes 2/15/2011 Requests Granted From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following public property locations: Utility Boxes Southeast corner Fillmore McAllister Northeast corner Linden & Buchanan In front of 601 Baker Southwest corner Arguello & Hugo Bus Shelters Southwest corner Buchanan & Haight Southeast corner Buchanan & Hayes Northeast corner Divisadero & McAllister Northeast corner Hayes & Fillmore Southwest corner Haight & Pierce Northwest corner McAllister & Fillmore Northeast corner Shrader & Parnassus Fillmore & Haight (all 4 bus stops, graffiti and grime and canopies also have graffiti) Fire Hydrant Northeast corner Broderick & Fulton Southeast corner Scott & Oak Emergency Boxes Southeast corner Medical Enter Way & Parnassus Northwest corner Fillmore & McAllister From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: Potholes, Lights and Sidewalk Issues Western crosswalk at Grattan & Shrader Intersection of Willard & Parnassus Intersection of Fulton & Broderick From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations: Garbage Cans Northwest corner Willard & Parnassus Southeast corner Scott & Grove Southwest corner McAllister & Baker Northwest corner McAllister & Fillmore Southeast corner McAllister & Buchanan City and County of San Francisco Page 153 Printed at 8:34 am on 3/23/11 ### [Page 25](https://sfbos.info/documents/2059/2011-02-15-minutes#page-25) Board of Supervisors Meeting Minutes 2/15/2011 Mailboxes Northeast corner Carl & Cole Near 459 Fulton Street Wall Medians and Overpasses and Sidewalks City sidewalk repair on Page & Rose Sidewalk repair at 1936 McAllister From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Southeast corner Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irving and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight and Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 600 Divisadero 616 Divisadero 1355 Fulton 1326 Fulton 246 Carl 902 Divisadero 507 Divisadero 750 Central 2000 McAllister City and County of San Francisco Page 154 Printed at 8:34 am on 3/23/11 ### [Page 26](https://sfbos.info/documents/2059/2011-02-15-minutes#page-26) Board of Supervisors Meeting Minutes 2/15/2011 924 Fulton Ida B. Wells High School Wall, on Pierce & Fell 333 Haight 295 Buchanan 546 Haight 542 Haight 587 Haight 399 Haight, on the Webster side 799 Haight 798 Haight 860 McAllister 746 Divisadero 1884 McAllister 1751 McAllister 1553 McAllister From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Poles Northwest corner Hugo & 2nd Avenue Northwest corner McAllister & Fillmore Northeast corner Fulton & Buchanan Northwest corner Stanyan & Parnansus Southeast corner Haight & Buchanan Northeast corner Carl & Stanyan In front of 100 Hugo In front of 1000 Shrader In front of 1057 Cole Opposite 144 Carl In front of 1239 3rd Avenue In front of 1256 6th Avenue In front of 746 Central In front of 53 Carmel Wood Poles Southwest corner Webster & Page In front of 442 Carl In front of 322 Parnassus In front of 228 Parnassus In front of 306 Parnassus Carolene Marks – Entire Board Jack Baker – Board President Chiu Daniel Edward Kryston – Board President Chiu Livio Conte – Supervisor Avalos John Ross – Supervisor Avalos In Memoriams Carolene Marks – Entire Board Jack Baker – Board President Chiu Daniel Edward Kryston – Board President Chiu Livio Conte – Supervisor Avalos John Ross – Supervisor Avalos City and County of San Francisco Page 155 Printed at 8:34 am on 3/23/11 ### [Page 27](https://sfbos.info/documents/2059/2011-02-15-minutes#page-27) Board of Supervisors Meeting Minutes 2/15/2011 ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:30 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on March 22, 2011. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 156 Printed at 8:34 am on 3/23/11