# Board of Supervisors Minutes: March 15, 2011 - Meeting date: 2011-03-15 - Document type: minutes - Source format: PDF - Extracted pages: 22 - [Canonical HTML transcript](https://sfbos.info/documents/2066/2011-03-15-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m031511.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110146: Settlement of Lawsuit - Liberato Primer, Jr. - $125,000 - Pages: 4-5 ### File 110173: Settlement of Lawsuit - Esther Downes, et al. - $350,000 - Pages: 5 ### File 110174: Settlement of Claim - Homeless Prenatal Program, Inc. - $135,246.65 - Pages: 5 ### File 101471: Appointment, Sweatfree Procurement Advisory Group - Eleanor Morton - Pages: 5 ### File 110218: Appointments, Urban Forestry Council - Maria D'Agostino, Dan Flanagan, Sandy Sherwin, Rose Hillson, and Andrew Sullivan - Pages: 5-6 - Vote 1: approval, likely final - Action: expired, must be certified by a professional tree management organization (International Society of Arboriculture, American Society of Consulting Arborists, or American Society of Landscape Architects,) for the unexpired portion of a two-year term ending November 18, 2012. Dan Flanagan, seat 4, succeeding Naomi LeBeau, resigned, must be a member of a non-profit organization involved in urban forestry or other environmentally-related issues, for the unexpired portion of a two-year term ending November 18, 2012. Sandy Sherwin, seat 5, succeeding Bonnie Ora Sherk, term expired, must be a member of a non-profit organization involved in urban forestry or other environmentally-related issues, for the unexpired portion of a two-year term ending November 18, 2012. Rose Hillson, seat 6, succeeding herself, term expired, must be a representative of the community, for the unexpired portion of a two-year term ending November 18, 2012. Andrew Sullivan, seat 7, succeeding Terry Milne, term expired, must be a representative of the community, for the unexpired portion of a two-year term ending November 18, 2012. Motion No. M11-37 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener - Excused: Campos, Cohen, Mirkarimi ### File 110115: Summary Vacation, Jurisdictional Transfer, and Sale of City Property - Ocean Avenue and Phelan Avenue - Pages: 6 - Sponsors: Elsbernd; Avalos - Vote 1: final-passage, likely final - Action: nue 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. Supervisor Elsbernd indicated amendments to the Purchase and Sale Agreement between the City and the Redevelopment Agency to include a Use Restriction that requires that the mixed use project have 70 residential rental units available for tenants with initial household incomes at or below 60% of area median income and that the property revert to the City if the Agency ceases to exist as provided by the Mayor's Office of Economic and Workforce Development, included in File No. 110115. Ordinance No. 49-11 FINALLY PASSED, after accepting the amendments to the accompanying documents, by the following vote: - Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener - Excused: Campos, Cohen, Mirkarimi ## Extracted text ### [Page 5](https://sfbos.info/documents/2066/2011-03-15-minutes#page-5) Board of Supervisors Meeting Minutes 3/15/2011 110173 [Settlement of Lawsuit - Esther Downes, et al. - $350,000] Ordinance authorizing entry of judgment, pursuant to Federal Rule of Civil Procedure 68, in favor of Plaintiffs Esther Downes and the Estate of Issiah Downes, and against the City and County of San Francisco, in the amount of $350,000 in settlement of the lawsuit filed on October 1, 2010, in United States District Court, Case No. C10-4451 CW entitled “Esther Downes, et al. v. City and County of San Francisco, et al.” (City Attorney) PASSED, ON FIRST READING 110174 [Settlement of Claim - Homeless Prenatal Program, Inc. - $135,246.65] Resolution approving the settlement of the unlitigated claim filed by Homeless Prenatal Program, Inc., against the City and County of San Francisco for $135,246.65; claim was filed on September 23, 2010. (City Attorney) Resolution No. 129-11 ADOPTED 101471 [Appointment, Sweatfree Procurement Advisory Group - Eleanor Morton] Motion appointing Eleanor Morton, to the Sweatfree Procurement Advisory Group, term ending December 17, 2011. (Clerk of the Board) Eleanor Morton, seat 3, succeeding Sarah Leiber Church, resigned, must have significant experience as an advocate for human rights or the poor, for the unexpired portion of a four-year term ending December 17, 2011. Motion No. M11-36 APPROVED 110218 [Appointments, Urban Forestry Council - Maria D'Agostino, Dan Flanagan, Sandy Sherwin, Rose Hillson, and Andrew Sullivan] Motion appointing Maria D'Agostino, Dan Flanagan, Sandy Sherwin, Rose Hillson, and Andrew Sullivan to the Urban Forestry Council, terms ending November 18, 2012. (Clerk of the Board) Maria D'Agostino, seat 2, succeeding Maria D’Agostino, term expired, must be certified by a professional tree management organization (International Society of Arboriculture, American Society of Consulting Arborists, or American Society of Landscape Architects,) for the unexpired portion of a two-year term ending November 18, 2012. Dan Flanagan, seat 4, succeeding Naomi LeBeau, resigned, must be a member of a non-profit organization involved in urban forestry or other environmentally-related issues, for the unexpired portion of a two-year term ending November 18, 2012. Sandy Sherwin, seat 5, succeeding Bonnie Ora Sherk, term expired, must be a member of a non-profit organization involved in urban forestry or other environmentally-related issues, for the unexpired portion of a two-year term ending November 18, 2012. Rose Hillson, seat 6, succeeding herself, term expired, must be a representative of the community, for the unexpired portion of a two-year term ending November 18, 2012. Andrew Sullivan, seat 7, succeeding Terry Milne, term expired, must be a representative of the community, for the unexpired portion of a two-year term ending November 18, 2012. Motion No. M11-37 APPROVED The foregoing items were acted upon by the following vote: Ayes: 8 - Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener Excused: 3 - Campos, Cohen, Mirkarimi City and County of San Francisco Page 218 Printed at 4:08 pm on 4/20/11 ### [Page 6](https://sfbos.info/documents/2066/2011-03-15-minutes#page-6) Board of Supervisors Meeting Minutes 3/15/2011 Severed from the Consent Agenda Supervisor Elsbernd requested that File No. 110115 be severed so that it may be considered separately. 110115 [Summary Vacation, Jurisdictional Transfer, and Sale of City Property - Ocean 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. Supervisor Elsbernd indicated amendments to the Purchase and Sale Agreement between the City and the Redevelopment Agency to include a Use Restriction that requires that the mixed use project have 70 residential rental units available for tenants with initial household incomes at or below 60% of area median income and that the property revert to the City if the Agency ceases to exist as provided by the Mayor's Office of Economic and Workforce Development, included in File No. 110115. Ordinance No. 49-11 FINALLY PASSED, after accepting the amendments to the accompanying documents, by the following vote: Ayes: 8 - Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener Excused: 3 - Campos, Cohen, Mirkarimi REGULAR AGENDA UNFINISHED BUSINESS There were no items. City and County of San Francisco Page 219 Printed at 4:08 pm on 4/20/11