Board of Supervisors Minutes: July 19, 2011

110741 [Appointment, SRO Task Force - Victor Nelson] Motion appointing Victor Nelson, term ending December 31, 2012, to the SRO Task Force. (Clerk of the Board) Victor Nelson, seat 9, succeeding Patrick Flanagan, resigned, must be a SRO tenant, for the unexpired portion of a three-year term ending December 31, 2012. Motion No. M11-116 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

110345 [Affirming the Exemption Determination - AT&T Network "Lightspeed" Upgrade] Motion affirming the determination by the Planning Department that the AT&T Network "Lightspeed" Upgrade project is exempt from environmental review. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 6, 2011. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Mar, Mirkarimi, Wiener

Noes: Avalos, Chu, Cohen, Elsbernd, Farrell, Kim

Motion No. M11-120 Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Campos, Chu, Cohen, Elsbernd, Farrell, Wiener

Noes: Avalos, Chiu, Kim, Mar, Mirkarimi

110346 [Reversing the Exemption Determination - AT&T Network "Lightspeed" Upgrade] Motion reversing the determination by the Planning Department that the AT&T Network "Lightspeed" Upgrade project is exempt from environmental review. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 6, 2011. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Mar, Mirkarimi, Wiener

Noes: Avalos, Chu, Cohen, Elsbernd, Farrell, Kim

Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Campos, Chu, Cohen, Elsbernd, Farrell, Wiener

Noes: Avalos, Chiu, Kim, Mar, Mirkarimi

110347 [Preparation of Findings to Reverse the Exemption Determination - AT&T Network "Lightspeed" Upgrade] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the AT&T Network "Lightspeed" Upgrade project is exempt from environmental review. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 6, 2011. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Mar, Mirkarimi, Wiener

Noes: Avalos, Chu, Cohen, Elsbernd, Farrell, Kim

Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Campos, Chu, Cohen, Elsbernd, Farrell, Wiener

Noes: Avalos, Chiu, Kim, Mar, Mirkarimi

110387 [Consolidated Budget and Annual Appropriation Ordinance - FYs 2011-2012 and 2012-2013] Sponsor: Mayor Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures of the City and County of San Francisco for the FY ending June 30, 2012; and for FYs ending June 30, 2012, and June 30, 2013, for the Airport, Port Commission and Public Utilities Commission. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

110386 [Annual Salary Ordinance - FYs 2011-2012 and 2012-2013] Sponsor: Mayor Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FY ending June 30, 2012; FY ending June 30, 2013, for the Airport, Port Commission, and the Public Utilities Commission; and continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. PASSED ON FIRST READING by the following vote:

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

Noes: None

110534 [Administrative Code - Public Works Greening Fund] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code by adding Section 10.100-371 to establish the Department of Public Works Greening Fund as a Category Six Fund. PASSED ON FIRST READING by the following vote:

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

Noes: None

110549 [Park Code - Harding Park and Fleming Golf Courses Fees] Sponsor: Elsbernd Ordinance amending the San Francisco Park Code, Article 12, Section 12.12 to: 1) authorize the Recreation and Park Commission to approve special promotions of up to 25% of the applicable rate, and increases of up to 50% for non-resident and tournament fees at Harding Park and Fleming Golf Courses; 2) designate weekday and weekend hours; and 3) making environmental findings. PASSED ON FIRST READING by the following vote:

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

Noes: None

110550 [Park Code - Lincoln Park Golf Fees] Sponsor: Elsbernd Ordinance amending the San Francisco Park Code, Article 12, Section 12.13 to: 1) designate weekday and weekend hours; 2) add a junior non-resident rate to the golf fees at Lincoln Park; and 3) making environmental findings. PASSED ON FIRST READING by the following vote:

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

Noes: None

110551 [Park Code - Sharp Park Golf Fees] Sponsor: Elsbernd Ordinance amending the San Francisco Park Code, Article 12, Section 12.14 to: 1) designate weekday and weekend hours; 2) add junior resident and non-resident rates to the golf fees at Sharp Park; and 3) making environmental findings. PASSED ON FIRST READING by the following vote:

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

Noes: None

110552 [Park Code - Golden Gate Park Golf Fees] Sponsor: Elsbernd Ordinance amending the San Francisco Park Code, Article 12, Section 12.16 to: 1) designate weekday and weekend hours; 2) add a junior non-resident rate to the golf fees at Golden Gate Park; and 3) making environmental findings. PASSED ON FIRST READING by the following vote:

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

Noes: None

110706 [Administrative Code - Fee Update] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code, Chapter 31, Sections 31.22, 31.23, and 31.23.1 to: 1) increase all fees based on the Controller’s annual two-year average consumer price index; and 2) adopting 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

110707 [Planning Code - Fee Update] Sponsor: Mayor Ordinance amending the San Francisco Planning Code, Article 3.5 to: 1) increase fees based on the Controller’s annual two-year average consumer price index and place a cap on the intake fee amount for applications for Planning Commission and Zoning Administrator hearing applications, certificates of appropriateness, and building permit applications: and 2) adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan, and the priority policies of Planning Code Section 101.1. PASSED ON FIRST READING by the following vote:

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

Noes: None

110708 [Health Code - Patient Rates - FY2011-2012] Sponsor: Mayor Ordinance amending the San Francisco Health Code, Article 3, Section 128 to set patient rates and other services provided by the Department of Public Health, effective July 1, 2011. PASSED ON FIRST READING by the following vote:

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

Noes: None

110709 [Public Works - Temporary Street Occupancy Fees] Sponsor: Mayor Ordinance amending the San Francisco Public Works Code, Section 724.1 to: 1) modify monthly fees for temporary street occupancy for construction and daily fees for temporary street occupancy unrelated to construction; and 2) making environmental findings. PASSED ON FIRST READING by the following vote:

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

Noes: None

110710 [Administrative Code - Public Administrator/Public Guardian Representative Payee Services Fee] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code, Section 2A.211-A to add a fee of $37 for services provided by the Public Administrator/Public Guardian Representative Payee Program. PASSED ON FIRST READING by the following vote:

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

Noes: None

110270 [Redevelopment Agency Budget and Bonds in an Amount Not to Exceed $84,000,000 - FY2011-2012] Sponsor: Mayor Resolution approving the budget of the Redevelopment Agency of the City and County of San Francisco for FY2011-2012 and approving the Issuance by the Redevelopment Agency of bonds in an aggregate principal amount of not to exceed $84,000,000 to finance a portion of redevelopment activities described in such approved budget for FY2011-2012. (Fiscal Impact) Resolution No. 289-11 ADOPTED by the following vote:

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

Noes: None

110273 [Treasure Island Development Authority Budget - FY2011-2012] Sponsor: Mayor Resolution approving the budget of the Treasure Island Development Authority for FY2011-2012. Resolution No. 290-11 ADOPTED by the following vote:

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

Noes: None

110274 [Adjusting the Access Line Tax with the Consumer Price Index of 2011] Sponsor: Mayor Resolution concurring with the Controller’s establishment of the Consumer Price Index for 2011, and adjusting the Access Line Tax by the same rate. Resolution No. 291-11 ADOPTED by the following vote:

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

Noes: None

110275 [Proposition J Contract/Certification of Specified Contracted-Out Services Previously Approved for Various Departments] Sponsor: Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees for the following services: budget analyst (Board of Supervisors); absentee voter ballot distribution (Department of Elections); LGBT Anti-violence Education and Outreach Program (District Attorney); central shops security, convention facilities management, janitorial services, and security services (General Services Agency-City Administrator); security services-1680 Mission Street (General Services Agency-Public Works); mainframe system support (General Services Agency-Technology); security services (Human Services Agency); Project S.A.F.E. (Police); and food services (Sheriff). (Fiscal Impact) Resolution No. 292-11 ADOPTED by the following vote:

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

Noes: None

110285 [Declaring the City's Intention to Appropriate Available Rainy Day Reserve Funds to the San Francisco Unified School District - 2011-2012 School Year] Sponsors: Mayor; Chiu, Kim, Cohen, Mar, Avalos, Wiener, Campos and Mirkarimi Resolution declaring the City's intention to appropriate available Rainy Day Reserve Funds to the San Francisco Unified School District to help the District cope with the loss of State funding for the 2011-2012 school year. Resolution No. 293-11 ADOPTED by the following vote:

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

Noes: None

110379 [Expenditure Plan for the Human Services Care Fund - FY2011-2012] Sponsor: Mayor Resolution approving the expenditure plan for the Human Services Care Fund for FY2011-2012. Resolution No. 295-11 ADOPTED by the following vote:

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

Noes: None

110381 [Public Education Enrichment Fund - Children and Families Commission - FY2011-2012] Sponsor: Mayor Resolution approving the San Francisco Children and Families Commission expenditure plan for the Public Education Enrichment Fund for FY2011-2012. Resolution No. 296-11 ADOPTED by the following vote:

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

Noes: None

lection and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest; prescribing notice to be given of such election; finding that the proposed bond is not a project under the California Environmental Quality Act (CEQA); finding that the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code Section 53410; incorporating the provisions of San Francisco Administrative Code Sections 5.30 - 5.36; and waiving the time requirements specified in San Francisco Administrative Code Section 2.34. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: Elsbernd, Farrell

ice of intention to sell for the certificates of participation, if sold by competitive sale; 5) authorizing the selection of underwriters by the Director of Public Finance and approving the form of a purchase contract between the City and the underwriters relating to the certificates of participation, if sold by negotiated sale; 6) approving the forms of a preliminary and final official statement with respect to the certificates of participation; 7) approving the form of a continuing disclosure certificate; 8) finding that the proposed project is categorically exempt from the California Environmental Quality Act; 9) finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirements of Charter Section 4.105 and Administrative Code Section 2A.53; 10) granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of the certificates of participation; 11) approving modifications to documents and agreements; and 12) ratifying previous actions taken in connection therewith. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110528 [Feeder Agreement - BART] Resolution approving the Feeder Agreement between the City and County of San Francisco and the Bay Area Rapid Transit District for payment for transfer trips, with a term from July 1, 2009, to June 30, 2010. (Municipal Transportation Agency) Privilege of the floor was granted to Sonali Bose (Municipal Transportation Agency) and Cheryl Adams (City Attorney's Office) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Resolution be CONTINUED to August 2, 2011. The motion carried by the following vote:

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

Noes: None

110536 [Airport Lease Agreement - XpresSpa SF International, LLC, and ILJ San Francisco, LLC] Resolution approving Amendment No. 1, retroactive to April 14, 2011, to Airport Spa Lease No. 06-0242 with XpresSpa SF International, LLC; and Amendment No. 2 to Technology Stores and Accessories Lease No. 07-0108 with ILJ San Francisco, LLC, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Resolution No. 299-11 ADOPTED by the following vote:

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

Noes: None

110540 [Airport Concession Leases - Subway, Jalapeno Grill, Guava & Java, and Mission Bar & Grill] Resolution approving Amendment No. 1, retroactive to April 14, 2011, to Domestic Terminal Food and Beverage Lease No. 03-0185 with Baysubway Airport (Subway); No. 03-0187 with Luna Azul Corporation (Jalapeno Grill); No. 03-0191 with Guava & Java (SFO), Inc. (Guava & Java); and No. 03-0199 with Burger Joint, Inc. (Mission Bar & Grill), and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Resolution No. 300-11 ADOPTED by the following vote:

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

Noes: None

110773 [SOMA Community Stabilization Fund Expenditures - $325,000] Sponsors: Kim; Mar Resolution authorizing the Mayor’s Office of Housing to expend SOMA Community Stabilization Fund in the amount of $325,000 to provide housing and job readiness services to low-income residents and workers in the South of Market neighborhood. (Fiscal Impact.) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 305-11 ADOPTED by the following vote:

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

Noes: None

110494 [Amendment to the Budget and Legislative Analyst Contract to Exercise Two-Year Option] Motion approving and exercising the final option set forth in the Agreement for Professional Budget and Legislative Analyst Services between the City and County of San Francisco and Harvey M. Rose Associates, LLC, Debra A. Newman, and Louie & Wong, LLP, (A Joint Venture), thereby extending the term of the Agreement from January 1, 2012, through December 31, 2013. (Clerk of the Board) (Fiscal Impact) Motion No. M11-117 APPROVED by the following vote:

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

Noes: None

110656 [Environment Code - Cell Phone Disclosure Requirements] Sponsors: Avalos; Mar Ordinance amending the San Francisco Environment Code Sections 1101 through 1105 to require cell phone retailers to provide their customers with information regarding how to limit exposure to the radiofrequency energy emitted by cell phones in place of the mandatory disclosure of Specific Absorption Rate Values for cell phone models. Supervisor Mar 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

110458 [Accept and Expend Grant - Civic Center Sustainable Resources District Project - $970,000] Sponsor: Kim Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a U.S. Environmental Protection Agency administered grant in the amount of $970,000 for a Civic Center Sustainable Resources District Project. Resolution No. 298-11 ADOPTED by the following vote:

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

Noes: None

110332 [Liquor License Transfer - 2801 Jones Street] Resolution determining that the transfer of a Type 21 off-sale general license from 511 Crescent Street to 2801 Jones Street (District 3) to Daniel J. Kramer of Haas Najarian, LLP, for Walgreen Co., dba Walgreens, 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. 294-11 ADOPTED by the following vote:

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

Noes: Avalos

110180 [Changing the Official Sidewalk Width - Clarence Place] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” by adding thereto Section 1590 to change the official sidewalk width on the easterly side of Clarence Place northwesterly of Townsend Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both, of facilities affected by the sidewalk width change. (Public Works Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110277 [Planning Code - Vintage Signs] Sponsor: Campos Ordinance amending the San Francisco Planning Code Section 608.14 to 1) authorize vintage signs; and 2) making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and Planning Code Section 101.1. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110623 [Changing the Official Sidewalk Width - Brotherhood Way] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” by adding thereto Section 1588 to change the official sidewalk width on north side of Brotherhood Way west of Chumasero Drive; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110627 [General Plan Amendment - Community Safety Element] Ordinance amending the San Francisco General Plan by amending the Community Safety Element to reference the most recent Hazard Mitigation Plan; and making findings, including findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and environmental findings. (Planning Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110771 [Jurisdictional Transfer and Exchange of Real Property - Ocean Avenue and Phelan Avenue] Sponsor: Elsbernd Resolution 1) approving the jurisdictional transfer of an approximately 5,835 square foot portion of City property located near Ocean Avenue and Phelan Avenue under the jurisdiction of the San Francisco Public Utilities Commission with an approximately 6,264 square foot portion of adjacent City property under the jurisdiction of the San Francisco Municipal Transportation Agency; 2) approving the subsequent exchange of the 6,264 square foot portion of such City property and an approximately 6.21 acre portion of adjacent City property under the jurisdiction of the San Francisco Public Utilities Commission for adjacent real property owned by the San Francisco Community College District and comprised of approximately 6.60 acres; adopting environmental findings and other findings that the actions set forth in this Resolution are consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and 3) authorizing other actions in furtherance of this Resolution. Resolution No. 304-11 ADOPTED by the following vote:

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

Noes: None

110400 [Campaign and Governmental Conduct Code - Modifying Registration and Disclosure Requirements for Campaign Consultants] Sponsor: Wiener Motion ordering submitted to the voters an ordinance amending Article I, Chapter 5, of the Campaign and Governmental Conduct Code, to modify registration and disclosure requirements for campaign consultants at an election to be held on November 8, 2011. Motion No. M11-118 APPROVED by the following vote:

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

Noes: None

110798 [Appointment, Entertainment Commission - Glendon Carl Hyde] Motion appointing D. Gill Sperlein, term ending July 1, 2015, to the Entertainment Commission. (Clerk of the Board) D. Gill Sperlein, seat 1, succeeding James Meko, term expired, shall represent the interests of City neighborhood associations or groups, for a four-year term ending July 1, 2015. (Supervisor Kim dissented in Committee.) Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 1, Line 3, by replacing 'D. Gill Sperlein' with 'Glendon Carl Hyde'; on Line 9, by replacing 'D. Gill Sperlein' with 'Glendon Carl Hyde'; on Line 11, by replacing 'D. Gill Sperlein' with 'Glendon Carl Hyde'. The motion carried by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

Motion appointing Glendon Carl Hyde, term ending July 1, 2015, to the Entertainment Commission. (Clerk of the Board) Glendon Carl Hyde, seat 1, succeeding James Meko, term expired, shall represent the interests of City neighborhood associations or groups, for a four-year term ending July 1, 2015. Motion No. M11-119 APPROVED AS AMENDED by the following vote:

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

Noes: None

retirees; 3) create new retirement plans for employees commencing employment on and after January 7, 2012; 4) require elected officials to pay their contributions to SFERS and the Retiree Health Care Trust Fund (RHCTF); 5) allow certain individuals who are members of the California Public Employees' Retirement System (CalPERS) to become members of SFERS; 6) change the composition of the Health Service Board (HSB); 7) change the vote requirement for the HSB to approve member health care plans; 8) require current employees to contribute to the RHCTF beginning in FY2016-2017; 9) restrict certain retiree health care benefits for employees who left City employment, but have not yet retired, to those benefits in place at the time they left employment; 10) reduce employers' contributions into the Health Service System Trust Fund under certain circumstances; and 11) make certain other changes to retirement and health care benefits, and provisions governing the RHCTF and the Health Service System. Privilege of the floor was granted to Micki Callahan, Director, Department of Human Resources, who responded to questions raised throughout the discussion. ORDERED SUBMITTED by the following vote:

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

Noes: None

110745 [Public Hearing - Charter Amendment - Allowing Amendments to or Repeals of Initiative Ordinances and Declarations of Policy Approved by the Voters on or after November 1, 2011] Hearing of persons interested in or objecting to the amendments to the proposed Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Section 14.101 to allow amendments to or repeals of initiative ordinances and declarations of policy approved by the voters on or after November 1, 2011. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to the motion to table File Nos. 110745 and 110693. Walter Paulson; expressed various concerns relating to the motion to table. There were no other speakers. The President declared the public hearing closed, adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. Supervisor Wiener, seconded by Supervisor Farrell, moved that this Hearing be TABLED. The motion carried by the following vote:

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

Noes: Chu, Cohen, Elsbernd

110693 [Charter Amendment - Allowing Amendments to or Repeals of Initiative Ordinances and Declarations of Policy Approved by the Voters on or after November 1, 2011] Sponsor: Wiener Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Section 14.101 to allow amendments to or repeals of initiative ordinances and declarations of policy approved by the voters on or after November 1, 2011. Supervisor Wiener, seconded by Supervisor Farrell, moved that this Charter Amendment be TABLED. The motion carried by the following vote:

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

Noes: Chu, Cohen, Elsbernd

110401 [Charter Amendment - Allowing Amendments to or Repeals of Initiative Ordinances and Declarations of Policy] Sponsor: Wiener Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by amending Section 14.101 to allow amendments to or repeals of initiative ordinances and declarations of policy. ORDERED SUBMITTED by the following vote:

Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener

Noes: Avalos, Campos, Mar, Mirkarimi

110774 [Assessment Ballots for City-Owned Parcels for the Proposed Renewal and Expansion of Fillmore Jazz Community Benefit District to be Renamed Fillmore Community Benefit District] Sponsor: Mirkarimi Resolution authorizing the Mayor to cast assessment ballots in the affirmative, on behalf of the City and County of San Francisco, as the owner of five parcels over which the Board of Supervisors has jurisdiction, where those five parcels would be subject to assessment in the proposed renewed and expanded property and business improvement district currently known as the Fillmore Jazz Community Benefit District, to be renamed the Fillmore Community Benefit District. Resolution No. 306-11 ADOPTED by the following vote:

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

Noes: None

110737 [Committee of the Whole - Public Hearing to Consider Resolution to Establish (Renew and Expand) and Rename Fillmore Jazz Community Benefit District as the Fillmore Community Benefit District] Sponsor: Mirkarimi Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on July 26, 2011, at 3:00 p.m., to hold a public hearing to consider adopting a Resolution to establish (renew and expand) the Fillmore Jazz Community Benefit District and rename the district as the Fillmore Community Benefit District. Motion No. M11-121 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

110740 [Urging the United States Food and Drug Administration to Ban Menthol in Tobacco Products] Sponsors: Cohen; Mar and Avalos Resolution urging the U.S. Food and Drug Administration to ban menthol in cigarettes and other tobacco products. Supervisors Mar and Avalos requested to be added as co-sponsors. Supervisor Cohen, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to July 26, 2011. The motion carried by the following vote:

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

Noes: None

110743 [Urging the Municipal Transportation Agency to Halt Action on the Transfer of Credit Card Charges to Taxi Cab Drivers] Sponsor: Campos Resolution urging the San Francisco Municipal Transportation Agency to reconsider and abandon the decision to shift the burden of credit card merchant charges from taxi cab companies to the City cab drivers. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Resolution 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

Noes: None

Resolution urging the San Francisco Municipal Transportation Agency to reconsider and abandon the decision to shift the burden of credit card merchant charges to the City cab drivers. Supervisors Mar and Avalos requested to be added as co-sponsors. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Resolution be CONTINUED AS AMENDED to July 26, 2011. The motion carried by the following vote:

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

Noes: None

110744 [Concern Over the Deshon Marman Incident on US Airways] Sponsors: Cohen; Campos, Kim, Mar, Mirkarimi, Wiener and Avalos Resolution expressing concern over the treatment of Deshon Marman by US Airways, and urging the Federal Aviation Administration to investigate US Airways’ actions and develop and implement consistent dress requirements for passengers. Supevisor Avalos requested to be added as a co-sponsor. Resolution No. 303-11 ADOPTED by the following vote:

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

Noes: None