Board of Supervisors Minutes: May 10, 2011

110281 [Public Works Code, Administrative Code, and Health Code - Consolidate Existing Department of Public Works' Nuisance Enforcement, Abatement, and Cost Collection Processes] Sponsors: Mirkarimi; Wiener and Cohen Ordinance amending portions of the San Francisco Public Works Code, Administrative Code, and Health Code to: 1) consolidate and streamline Department of Public Works' enforcement, abatement, and cost collection processes for public nuisances, including amendments to Administrative Code Chapter 80, Sections 80.3 and 80.8, Public Works Code Sections 170, 174.1, 707.1, 727, 735, and Health Code Article 6, Section 291.2; 2) repealing Public Works Code Sections 174.2 through 174.13, 728 through 734, and 735.1 through 735.4; 3) renumbering Public Works Code Section 707.1 as 706.9; and 4) to make environmental and other required findings. Supervisor Cohen requested to be added as a co-sponsor. Ordinance No. 77-11 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

110114 [Environment Code - Yellow Pages Distribution Pilot Program] Sponsors: Chiu; Mar, Mirkarimi, Wiener and Cohen Ordinance adding Chapter 20 to the Environment Code to establish a three-year pilot program to reduce waste in the distribution of Yellow Pages phone directories to private residences and businesses in San Francisco, and to reduce neighborhood blight, by restricting distribution to circumstances where: 1) there is personal delivery of the directory to a human being, 2) there has been a request for delivery of the directory to the residence or business, or 3) directories are maintained for pick-up at a distribution center or business open to the public; mandating a public outreach program to educate the public about the environmental harms associated with excessive distribution of Yellow Pages phone directories, develop and publicize alternatives to private possession of such directories, and inform the public of the option and means of obtaining such directories; and making environmental findings. (Economic Impact.) PASSED ON FIRST READING by the following vote:

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

Noes: Elsbernd

110330 [Administrative Code - Public Work Construction Contractor/Subcontractor Appeal Hearing Procedures for Non-Compliance with Prevailing Wage Requirements] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code, Section 6.22, Public Work Construction Contract Terms and Working Conditions, by amending Subsection 6.22(E)(8) to further delineate due process procedures for administrative hearings on appeals by public work contractors and/or subcontractors from a Certification of Forfeiture made by the City's Labor Standards Enforcement Officer or responsible department head for non-compliance with prevailing wage requirements; and to additionally conform distribution of forfeiture provisions to State law. Supervisor Chiu, seconded by Supervisor Chu, moved that this Ordinance be AMENDED on Page 10, Lines 5-8, specifying that Administrative Law Judges will require at least 10 year's employment with the City as an Administrative Law Judge, including two year's experience in labor law, prevailing wage, and or wage and hour matters.

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

110436 [Public Employment - Office of the Public Defender] Sponsor: Mirkarimi Ordinance amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of 0.25 Social Worker in the Office of the Public Defender. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110520 [Accept and Expend Grant - Electric Vehicle Infrastructure - $100,000] Sponsors: Mayor; Mar Resolution authorizing the San Francisco Department of the Environment to accept and expend a grant of $100,000 from the Bay Area Air Quality Management District to contribute to the cost of installing 60 publicly available electric vehicle chargers. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 198-11 ADOPTED by the following vote:

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

Noes: None

100920 [Finding of Fiscal Feasibility - Cruise Terminal Project at Pier 27] Resolution finding the proposed cruise terminal project at Pier 27 is fiscally feasible pursuant to Administrative Code Chapter 29. (Port) (Supervisor Kim dissented in Committee.) Resolution No. 197-11 ADOPTED by the following vote:

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

Noes: None

110437 [Appropriating $6,209,064 of General Fund Reserve and Re-Appropriating $2,821,843 for Salaries, Disability, and Workers’ Compensation - Sheriff’s Department for FY2010-2011] Sponsor: Mayor Ordinance appropriating $6,209,064 of General Fund Reserve and re-appropriating $2,821,843 of expenditure contingency and debt service savings to fund salary expenditures due to fewer retirements than anticipated, disability pay, and workers’ compensation claims in the Sheriff’s Department for Fiscal Year 2010-2011. (Fiscal Impact.) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110424 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Chapter 80 of the Administrative Code, the costs thereof having been paid for out of a blight abatement fund. Kenny Bruce (Department of Public Works) indicated that the following addresses be removed from the accompanying report due to recent receipt of payment: 1098 Hollister Avenue 1452 Bush Street 1461 Pine Street 1600 Irving Street 2250 Irving Street 2374 Mission Street 688 Commercial Street 745 Sutter Street 873 Sutter Street 907 Larkin Street 1482 Jackson Street 875 Bush Street 667 Monterey Boulevard The amendments to the accompanying report, as provided by the Department of Public Works, included in File No. 110424, were received without objection. Resolution No. 194-11 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: None

110453 [Affirming Certification of Final Environmental Impact Report - 2004 and 2009 Housing Elements] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 2004 and 2009 Housing Elements. (Clerk of the Board) Motion No. M11-72 Supervisor Kim, seconded by Supervisor Wiener, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Chu, Elsbernd, Farrell

110454 [Reversing Certification of Final Environmental Impact Report - 2004 and 2009 Housing Elements] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 2004 and 2009 Housing Elements. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Wiener, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Chu, Elsbernd, Farrell

110455 [Preparation of Findings to Reverse Certification of Final Environmental Impact Report - 2004 and 2009 Housing Elements] Motion directing the Clerk of the Board to prepare findings reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 2004 and 2009 Housing Elements. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Wiener, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Chu, Elsbernd, Farrell

110514 [Committee of the Whole - Ground Lease Agreement - 1075 LeConte Avenue, Commonly Known at 6600 Third Street - May 17, 2011] Sponsor: Cohen Motion scheduling the Board to sit as a Committee of the Whole on May 17, 2011, at 3 p.m., to hold a public hearing of the proposal of the Redevelopment Agency of the City and County of San Francisco on a Resolution to consider the proposal of the San Francisco Redevelopment Agency to enter into a Ground Lease Agreement and lease the land located at 1075 Le Conte Avenue, Assessor’s Parcel No. 009-5476, commonly known as 6600 Third Street (Property), to Third & LeConte Associates, LP, pursuant to the provisions of the California Community Redevelopment Law Section 33433. Motion No. M11-74 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None