Board of Supervisors Minutes: July 26, 2011

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) Ordinance No. 163-11 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

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) Ordinance No. 147-11 FINALLY PASSED 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. Ordinance No. 146-11 FINALLY PASSED 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. Ordinance No. 150-11 FINALLY PASSED 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. Ordinance No. 151-11 FINALLY PASSED 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. Ordinance No. 152-11 FINALLY PASSED 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. Ordinance No. 153-11 FINALLY PASSED 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. Ordinance No. 154-11 FINALLY PASSED 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. Ordinance No. 155-11 FINALLY PASSED 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. Ordinance No. 156-11 FINALLY PASSED 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. Ordinance No. 157-11 FINALLY PASSED 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. Ordinance No. 158-11 FINALLY PASSED 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. Ordinance No. 159-11 FINALLY PASSED by the following vote:

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

Noes: None

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) Ordinance No. 148-11 FINALLY PASSED by the following vote:

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

Noes: Elsbernd, Farrell

110503 [Administrative Code - Regulating Overtime Available for City Employees] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code, Section 18.13.1 to limit the overtime worked in any fiscal year by any employee to 20% of regularly scheduled hours and to specify and modify written reports to be submitted regarding overtime information. Supervisor Chiu, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FIRST READING 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

101225 [Landfill Disposal and Facilitation Agreements - Recology San Francisco] Resolution approving a ten-year Landfill Disposal Agreement and Facilitation Agreement with Recology San Francisco under Charter Section 9.118. (Environment) Resolution No. 322-11 ADOPTED by the following vote:

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

Noes: Avalos, Campos

110380 [Public Education Enrichment Fund - San Francisco Unified School District - FY2011-2012] Sponsor: Mayor Resolution approving the San Francisco Unified School District expenditure plan for the Public Education Enrichment Fund for FY2011-2012. (Fiscal Impact) Resolution No. 309-11 ADOPTED by the following vote:

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

Noes: None

110559 [Lease and Use Agreement - Continental Airlines, Inc.] Sponsor: Mayor Resolution approving and authorizing the execution of Modification No. 6 of the 1981 Airline-Airport Lease and Use Agreement L82-0316 with Continental Airlines, Inc., to provide a retroactive rent credit for terminal rent of exclusive use space vacated in Terminal No. 1 due to the merger of United Air Lines, Inc., and Continental Airlines, Inc., at the San Francisco International Airport. Resolution No. 310-11 ADOPTED by the following vote:

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

Noes: None

110560 [Lease and Use Agreement - Continental Airlines, Inc.] Sponsor: Mayor Resolution approving and authorizing the execution of Modification No. 1 of the 2011 Lease and Use Agreement L10-0275 with Continental Airlines, Inc., to modify the demised premises by elimination of all exclusive use space in Terminal No. 1 due to the merger of United Air Lines, Inc., and Continental Airlines, Inc., at the San Francisco International Airport. Resolution No. 311-11 ADOPTED by the following vote:

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

Noes: None

110586 [Management Services Agreement - Sewer System Improvement Program - Not to Exceed $150,000,000] Resolution approving and authorizing the General Manager of the San Francisco Public Utilities Commission to execute Sewer System Improvement Program-Funded Agreement No. CS-165, Program Management Services, with AECOM-Parsons Joint Venture, for an amount not to exceed $150,000,000 with a term of up to 15 years, under Charter Section 9.118. (Public Utilities Commission) Resolution No. 307-11 ADOPTED by the following vote:

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

Noes: None

110725 [Issuance and Sale of Tax-Exempt Bonds - Children's Day School, Inc. - Not to Exceed $11,000,000] Sponsor: Wiener Resolution approving, in accordance with Section 147(f) of the Internal Revenue Code, the issuance and sale of tax-exempt bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $11,000,000 to finance various capital facilities owned or leased by Children's Day School. Resolution No. 312-11 ADOPTED by the following vote:

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

Noes: None

100672 [Agreement Amendment - Titan Outdoor for Advertising on San Francisco Municipal Transportation Agency Property] Sponsor: Elsbernd Resolution approving Amendment One to the Agreement for Advertising on San Francisco Municipal Transportation Agency Property between the City and Titan Outdoor, LLC, to allow advertising window wraps on up to 5% of the San Francisco Municipal Transportation Agency’s buses and up to 10% of the San Francisco Municipal Transportation Agency’s light rail vehicles and to change the approval requirements for advertising in parking garages. Privilege of the floor was granted to Sonali Bose (Municipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Noes: Avalos, Campos, Elsbernd

Resolution approving Amendment One to the Agreement for Advertising on San Francisco Municipal Transportation Agency Property between the City and Titan Outdoor, LLC, to allow advertising window wraps on up to 15 transit vehicles and to change the approval requirements for advertising in parking garages. Resolution No. 313-11 ADOPTED AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Mar, Mirkarimi, Wiener

110729 [Issuance and Sale of Special Tax Bonds - GreenFinanceSF Program - Not to Exceed $100,000,000] Sponsors: Mayor; Mar Resolution authorizing the issuance and sale of special tax bonds (federally taxable) in an aggregate principal amount not to exceed $100,000,000 and authorizing related documents and actions in connection therewith. Resolution No. 308-11 ADOPTED by the following vote:

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

Noes: None

110730 [Loan Loss Reserve Agreement and Approving Administrative Terms and Conditions - GreenFinanceSF Program] Sponsors: Mayor; Mar Resolution 1) approving the administrative terms and conditions for the GreenFinanceSF owner-arranged financing program; 2) identifying the San Francisco Department of the Environment, or its City agency designee, as the Program Administrator for the City; 3) setting reporting requirements; and 4) authorizing the execution of a loan loss reserve agreement and related matters. Supervisor Mar, seconded by Supervisor Avalos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Resolution No. 323-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None

ing to proposed Resolution establishing a property-based Community Benefit District to be known as the “Fillmore Community Benefit District (CBD),” by renewing and expanding the previously established Fillmore Jazz CBD; ordering the levy and collection of assessments against property located in the Fillmore Community Benefit District for 7 years, commencing with FY2011-2012, subject to conditions as specified; and making environmental findings. The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to File No. 110739. Male Speaker; Walter Paulson; Floyd Tremmel; Karen Hanklin; Megan Mitchell; Greg Johnson; Minetta White; Kass Kajura; Female Speaker; Male Speaker; Ace Washington; Ray Hartz; spoke in support of the assessment district. Male Speaker; Charles; Phil Perkins; spoke in opposition to the assessment district. There were no other speakers. The President continued the public hearing open to September 13, 2011, at 3:00 p.m., and reconvened as the Board of Supervisors. Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to September 13, 2011. The motion carried by the following vote:

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

Noes: None

110739 [Resolution to Establish (Renew and Expand) and Rename Fillmore Jazz Community Benefit District as the Fillmore Community Benefit District] Sponsor: Mirkarimi Resolution establishing a property-based Community Benefit District to be known as the “Fillmore Community Benefit District (CBD),” by renewing and expanding the previously established Fillmore Jazz CBD; ordering the levy and collection of assessments against property located in the Fillmore Community Benefit District for 7 years, commencing with FY2011-2012, subject to conditions as specified; and making environmental findings. Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to September 13, 2011, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

110591 [Settlement of Lawsuit - T-Mobile West Corporation] Sponsor: Elsbernd Ordinance authorizing settlement of the lawsuit filed by T-Mobile West Corporation against the City and County of San Francisco on July 8, 2010, in the United States District Court for the Northern District of California, Case No. C-10-03011-CW; entitled T-Mobile West Corporation v. City and County of San Francisco, according to the terms set forth in the Settlement Agreement and subject to court approval of the parties’ Stipulated Judgment; approving as part of the settlement a conditional use authorization enabling T-Mobile West Corporation to construct a wireless facility at 725 Taraval Street containing substantially fewer antennas than originally proposed and subject to all City required conditions; and 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

Supervisor Avalos, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING by the following vote:

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

Noes: Avalos, Campos, Mar, Mirkarimi

110596 [Settlement of Claim - Shatese Stewart - $250,000] Ordinance authorizing settlement of all claims in the lawsuit filed by Shatese Stewart against the City and County of San Francisco for $250,000; the lawsuit was filed on March 25, 2010, in San Francisco Superior Court, Case No. CGC-09-494967; entitled Shatese Stewart v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110694 [Settlement of Lawsuit - Jorei Enterprises, LLC - $125,000] Ordinance authorizing settlement of the lawsuit filed by Jorei Enterprises, LLC, against the City and County of San Francisco for $125,000; the lawsuit was filed on December 21, 2010, in San Francisco Superior Court, Case No. CGC-10-506527; entitled Jorei Enterprises, LLC v. City and County of San Francisco; other material terms of said settlement are mutual releases of liability in connection with the conveyance of 351 California Street, San Francisco. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110714 [Settlement of Lawsuit - Arash Ghanadan - $50,000] Ordinance authorizing settlement of the lawsuit filed by Arash Ghanadan against the City and County of San Francisco for $50,000; the lawsuit was filed on December 18, 2009, in San Francisco Superior Court, Case No. CGC-09-495308; entitled Arash Ghanadan, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110582 [Settlement of Claim - Weintraub Capital Management, LP - $117,470.45] Resolution approving the settlement of the unlitigated claim filed by Weintraub Capital Management, LP against the City and County of San Francisco for refund of payroll taxes for the 2009 tax year in the amount of $117,470.45; claim was filed on January 25, 2011. (City Attorney) Resolution No. 315-11 ADOPTED by the following vote:

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

Noes: None

110713 [Settlement of Unlitigated Claim - Ned Bresnahan - $265,000] Resolution approving the settlement of the unlitigated claim filed by Ned Bresnahan against San Francisco for $265,000; claim was filed on March 28, 2011. Resolution No. 314-11 ADOPTED by the following vote:

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

Noes: None

110715 [Settlement of Unlitigated Claims - Pearl Howell - $80,000] Resolution approving the settlement of unlitigated claims (DFEH No. E201011M0352 and EEOC Charge No. 550-2010-01808) filed by Pearl Howell against the City and County of San Francisco for $80,000; claims were filed on September 15 and 16, 2010. (City Attorney) Resolution No. 316-11 ADOPTED by the following vote:

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

Noes: None

Performance Permits] Sponsors: Mirkarimi; Wiener, Mar and Campos Ordinance amending the San Francisco Police Code Sections 2.26, 2.27, 1060, 1060.1, 1060.1-1, 1060.7.1, 1060.9, 1060.19, 1060.20.4, 1060.24, 1060.35, 2901, 2909, and 2916; adding to the San Francisco Police Code Sections 1060.2.1, 1060.3.1, 1060.5.1, 1060.38, and 1060.38.1; amending the San Francisco Planning Code Sections 102.17, 703.2, 790.38, 803.2, 803.3, and 890.37; and amending the San Francisco Business and Tax Regulations Code Section 8 to 1) create a Limited Live Performance Permit for indoor locales whose primary function is not presentation of live performances, said permit to include noise and hours restrictions but not necessarily security plan requirements; 2) to specify application and license fees and hearing requirements for said permit; and 3) making 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. Supervisor Mirkarimi, seconded by Supervisor Cohen, moved that this Ordinance be CONTINUED ON FIRST READING to August 2, 2011. The motion carried by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Wiener

110592 [Planning Code - Inner Clement, Outer Clement, and Geary Neighborhood Commercial Controls] Sponsors: Mar; Avalos Ordinance amending the San Francisco Planning Code Sections 263.20, 712.1, 716.1, and 781.4 to: 1) allow one additional eating and drinking use as principally permitted in the Inner Clement Neighborhood Commercial Districts and allow any additional eating and drinking use in that district as conditionally permitted; 2) allow eating and drinking uses in the Outer Clement Neighborhood Commercial District with a conditional use permit; 3) remove the prohibition on large fast-food restaurants and prohibit formula retail pet supply stores and formula retail eating and drinking uses in the Geary Boulevard Fast-Food Subdistrict; 4) make video stores a principally permitted use on the ground floor in the NC-3 and the Inner Clement and Outer Clement Neighborhood Commercial Districts; and 5) making 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. Supervisor Avalos requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: Chu, Elsbernd, Wiener

110769 [Transportation Code - Car Share Vehicle Parking Restrictions] Sponsors: Mayor; Chiu Ordinance amending the San Francisco Transportation Code, Division I, Articles 7 and 8, by: 1) adding Section 7.2.52 to establish a violation for unauthorized vehicles to park in a designated car share parking space; and 2) amending Section 8.1 to permit the removal of vehicles parked in violation of Section 7.2.52. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110813 [CEQA Findings for Firehouse Improvements] Sponsors: Mayor; Chiu Resolution of the Board of Supervisors of the City and County of San Francisco determining and making certain findings under the California Environmental Quality Act relating to the construction and improvement of certain firehouses and determining other matters related thereto. Resolution No. 317-11 ADOPTED by the following vote:

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

Noes: None

110749 [Administrative, Business and Tax Regulations Codes - 0.50% Sales Tax Increase to Fund Public Safety Programs and Services to Children and Seniors] Sponsors: Mayor; Chiu, Cohen, Mirkarimi and Wiener Ordinance amending the San Francisco Business and Tax Regulations Code by adding Article 16-A to provide funds for public safety programs and services to children and senior citizens in the City and County of San Francisco by imposing a transactions (sales) and use tax at the rate of one-half of one percent (0.50%) for a period of ten years, to be administered by the State Board of Equalization in accordance with Parts 1.6 and 1.7 of Division 2 of the California Revenue and Taxation Code; adopting an expenditure plan; amending the Administrative Code by adding Section 10.100.321 establishing a special revenue fund; and directing submission of the tax for voter approval at the November 8, 2011, municipal election. (Fiscal Impact; Economic Impact.) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110868 [Closed Session - Potential Litigation - Health Care Security Ordinance] Sponsor: Campos Motion that the Board of Supervisors convene in closed session on July 26, 2011, to consult with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding potential litigation against the City involving amendments to the Health Care Security Ordinance. Government Code Section 54956.9(b) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the potential litigation. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M11-123 Supervisor Campos, 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, Kim, Mar, Mirkarimi, Wiener

Noes: None

City and County of San Francisco Page 681 Printed at 8:32 am on 9/14/11 Board of Supervisors Meeting Minutes 7/26/2011 CONVENED IN CLOSED SESSION The Board recessed at the hour of 5:59 p.m. to convene in closed session pursuant to the above motion with the following attendance: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Cheryl Adams, Deputy City Attorney Vince Chhabria, Deputy City Attorney Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and Filed. RECONVENING OF THE BOARD The Board reconvened at the hour of 7:00 p.m. with the following attendance: 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 interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mirkarimi, seconded by Supervisor Chu, moved 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

110546 [Administrative Code - Health Care Security Ordinance] Sponsors: Campos; Mar, Avalos, Mirkarimi, Cohen, Chiu and Kim Ordinance amending the San Francisco Administrative Code by amending Sections 14.1, 14.3, and 14.4 of the Health Care Security Ordinance to provide that only amounts actually paid or irrevocably committed to pay for providing employee health care services shall satisfy the employer expenditure requirements of the Ordinance, add an employee notification requirement, and to modify penalty provisions. (Economic Impact) Supervisor Campos, seconded by Supervisor Cohen, moved that this Ordinance be CONTINUED ON FIRST READING 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

110839 [Final Map 4456: 833 - 835 Jamestown Avenue] Motion approving Final Map 4456, a 198 Residential Unit Condominium Project, located at 833-835 Jamestown Avenue being a subdivision of Lot 277 in Assessors Block No. 4991; adopting findings pursuant to the General Plan and City Planning Code Section 101.1; conditionally accepting offers of easements; and approving a Public Improvement Agreement related to the Final Map. (Public Works Department) Motion No. M11-122 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. Resolution No. 325-11 ADOPTED by the following vote:

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

Noes: Chu

110743 [Urging the Municipal Transportation Agency to Halt Action on the Transfer of Credit Card Charges to Taxi Cab Drivers] Sponsors: Campos; Mar, Avalos and Mirkarimi 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. Supervisor Mirkarimi requested to be added as a co-sponsor. ADOPTED. The motion FAILED by the following vote:

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

Noes: Chu, Elsbernd, Farrell, Wiener

110869 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 8, 2011, Consolidated General Municipal Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 8, 2011, Consolidated General Municipal Election. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Motion be CONTINUED AS AMENDED 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