Board of Supervisors Minutes: March 8, 2011

110107 [Settlement of Lawsuit - Paul Graham - $34,271.51] Ordinance authorizing settlement of the lawsuit filed by Paul Graham against the City and County of San Francisco for $34,271.51; the lawsuit was filed on March 12, 2009, in San Francisco Superior Court, Case No. CGC-09-486068; entitled Paul Graham, et al. v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 42-11 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

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. Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to March 15, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110019 [Street Vacation Order - Transbay Transit Center] Ordinance ordering the vacation of portions of the public right-of-way below and/or above Natoma Street, Minna Street, First Street, Fremont Street, Beale Street, Harrison Street, Folsom Street, Clementina Street, Tehama Street, Howard Street, Second Street, and Oscar Alley within the Transit Center Project area; quitclaiming the City's interest in the vacation areas to the Transbay Joint Powers Authority; accepting Department of Public Works Order No. 179,054; making environmental findings and findings of consistency with the City's General Plan and Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. Ordinance No. 43-11 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

de, Police Code - Motor Vehicles for Hire and Enforcing Parking Laws] Sponsor: Chiu Ordinance amending the San Francisco Transportation Code Article 3, Division I, to allow certain Municipal Transportation Agency employees to enforce specified parking laws and order removal of vehicles, and amending the Transportation Code Article 7, Division I, to make it a misdemeanor to operate a taxi, a dispatch service, or a color scheme, or to drive a motor vehicle for hire, without a permit, to solicit or accept payment for referral of passengers to a motor vehicle for hire, to solicit or accept payment for motor vehicle for hire shifts, assignments or dispatch calls, to knowingly make false or misleading representations in connection with application for, renewal of, possible revocation of, or operation of a vehicle pursuant to a permit issued under Transportation Code Article 1100, to refuse to pay the legal fare to a driver of a motor vehicle for hire, and to charge excessive rates for transport in a motor vehicle for hire; and amending the San Francisco Police Code by deleting Sections 1078, 1089, 1105, 1110, 1132, 1135, and 1145. Ordinance No. 45-11 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110150 [Administrative Code - Process for Mayoral Appearance at the Board of Supervisors] Sponsors: Chiu; Mar Ordinance amending the San Francisco Administrative Code by adding Section 2.11 to establish a process for the Mayor to appear at the Board of Supervisors for a question and answer session. PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

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. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

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. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

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.) Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED on Page 4, Line 15, by replacing 'rescind' with 'negotiate in good faith'. The motion carried by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

Resolution No. 121-11 ADOPTED AS AMENDED by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

110009 [Planning Code - Amending Area Plan Fee Waiver Criteria for Affordable Housing] Sponsor: Cohen Ordinance amending the San Francisco Planning Code by amending Section 406 to revise the criteria for waiver of Area Plan fees, including the Rincon Hill Community Infrastructure Impact Fee, the Market and Octavia Community Improvements Impact Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact Fee, and the Visitacion Valley Community Facilities and Infrastructure Impact Fee, for affordable housing projects; and making findings, including environmental findings. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

Avenue and Phelan Avenue] Sponsors: Elsbernd; Avalos Ordinance: 1) ordering the summary vacation of an approximately 17,050 square foot portion of City property located near Ocean Avenue and Phelan Avenue pursuant to the California Streets and Highways Code Sections 8330 et seq.; 2) authorizing the jurisdictional transfer of such portion of City property from the Department of Public Works to the Municipal Transportation Agency; 3) authorizing the sale of an approximately 25,772 square foot portion of City property located near Ocean Avenue and Phelan Avenue to the San Francisco Redevelopment Agency for $4,056,580 and the grant of a pedestrian access easement and an emergency fire apparatus access easement over a portion of adjacent City property; 4) adopting environmental findings and other findings that the actions set forth in this Ordinance are consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; 5) adopting findings that Administrative Code Chapter 23A does not apply to the sale of such portion of City property; and 6) authorizing other actions in furtherance of this Ordinance. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

ion appointing Utuma Belfrey, Peter Cohen, terms ending February 23, 2013, and Nicole Rivera, term ending February 23, 2012, to the Citizen's Committee on Community Development. (Clerk of the Board) Utuma Belfrey, seat 1, succeeding Charlie Sciammas, term expired, should reflect and advance the concerns and needs of low-income neighborhoods and/or communities in the City, for the unexpired portion of a two-year term ending date February 23, 2013. Peter Cohen, seat 2, succeeding Rene Cazenave, term expired, should reflect and advance the concerns and needs of low-income neighborhoods and/or communities in the City, for the unexpired portion of a two-year term ending date February 23, 2013. Nicole Rivera, seat 4, succeeding Gaylen Mohre, resigned, should reflect and advance the concerns and needs of low-income neighborhoods and/or communities in the City, for the expired portion of a two-year term ending February 23, 2012. Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be AMENDED on Page 1, Line 4, by replacing 'Nicole Rivera' with 'Charlie Sciammas'; and on Line 17, by replacing 'Nicole Rivera' with 'Charlie Sciammas'. The motion carried by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

Motion appointing Utuma Belfrey, Peter Cohen, terms ending February 23, 2013, and Charlie Sciammas, term ending February 23, 2012, to the Citizen's Committee on Community Development. (Clerk of the Board) Utuma Belfrey, seat 1, succeeding Charlie Sciammas, term expired, should reflect and advance the concerns and needs of low-income neighborhoods and/or communities in the City, for the unexpired portion of a two-year term ending date February 23, 2013. Peter Cohen, seat 2, succeeding Rene Cazenave, term expired, should reflect and advance the concerns and needs of low-income neighborhoods and/or communities in the City, for the unexpired portion of a two-year term ending date February 23, 2013. Charlie Sciammas, seat 4, succeeding Gaylen Mohre, resigned, should reflect and advance the concerns and needs of low-income neighborhoods and/or communities in the City, for the expired portion of a two-year term ending February 23, 2012. Motion No. M11-33 APPROVED AS AMENDED by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

ministrative Code Section 67.10(e). (Employee Organizations: Automotive Machinists, Local 1414; Committee on Interns and Residents; Crafts Coalition; District Attorney Investigators Association; Deputy Probation Officers' Assoc.; District Attorneys' Investigators Assoc.; Deputy Sheriffs Association; Electricians, Local 6; Fire Fighters, Local 798; International Federation of Professional and Technical Engineers, Local 21; Institutional Probation Officers' Assoc.; Laborers, Local 261; Local 1414; Local 21; Municipal Attorneys' Association; Municipal Executives' Association; Operating Engineers Local 3; Plumbers, Local 38; Police Officers' Association; Service Employees International Union, Local 1021; Stationary Engineers, Local 39; Supervising Probation Officers' Assoc.; Supervising Registered Nurses; Teamsters Local 350; Teamsters Local 856; Union of American Physician and Dentists.) These organizations represent police officers, firefighters, airport police, transit workers, nurses, miscellaneous employees, and other City employees. Motion No. M11-32 Supervisor Mirkarimi, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener

Noes: None

Absent: Kim

as noted present at 2:13 p.m. Persons in attendance: Mayor Edwin M. Lee Steve Kawa, Mayor's Chief of Staff Greg Wagner, Mayor's Budget Director Greg Wilson, Mayor's Budget Office Cheryl Adams, Deputy City Attorney Micki Callahan, Director of Department of Human Resources Martin Gran, Director of Employee Relations Ben Rosenfield, Controller Monique Zmuda, Deputy Controller Leo Levinson, Budget and Analysis Director, Controller's Office Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Mayor Edwin M. Lee and Steve Kawa, Mayor's Chief of Staff, left the Board Chamber at 3:07 p.m. Matter was heard in Closed Session and Filed. RECONVENING OF THE BOARD The Board at the hour of 3:34 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mirkarimi, seconded by Supervisor Mar, moved to NOT DISCLOSE its Closed Session deliberations. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110258 [Gift Acceptance - ArtCare Program - $10,000] Sponsor: Chiu Resolution authorizing the Arts Commission to accept and expend a donation from the Arnhold Foundation in the amount of $10,000 for general operating support of the ArtCare Program. Resolution No. 116-11 ADOPTED City and County of San Francisco Page 202 Printed at 4:54 pm on 4/12/11 Board of Supervisors Meeting Minutes 3/8/2011 The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110266 [Arbor Day - March 12, 2011] Sponsor: Mar Resolution declaring March 12, 2011, as Arbor Day. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110266. There were no speakers. The President declared public comment closed. Resolution No. 115-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None