Board of Supervisors Minutes: August 2, 2011

be determined, to the Citizen’s Advisory Committee for the Central Market Street and Tenderloin Area. (Clerk of the Board) Nella Manuel, seat 4, new appointment, must be a senior or disabled resident of the Central Market Street and Tenderloin Area or in District 6 bounded on the southern side by 13th Street and Townsend Street, for a term to be determined. Robert Marquez, seat 6, new appointment, must represent a community-based organization or provide direct services to the Central Market Street and Tenderloin Area or in District 6, bounded on the southern side by 13th Street and Townsend Street, for a term to be determined. Dina Hilliard, seat 7, new appointment, must have small business expertise and familiarity with the Central Market Street and Tenderloin Area, for a term to be determined. LJ Cirillo, seat 8, new appointment, must have expertise on homelessness, transitional age youth, or supportive housing and familiarity with the Central Market Street and Tenderloin Area or in District 6, bounded on the southern side by 13th Street and Townsend Street bounded, for a term to be determined. Motion No. M11-126 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

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 Mirkarimi, moved that this Ordinance be CONTINUED ON FIRST READING to September 6, 2011. The motion carried 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) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Farrell, 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. 348-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None

060.38.1; 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 Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED on Page 36, beginning on Line 7, by adding '(b) No extension may be granted pursuant to subjection (a), above, for Limited Live Performance Permits granted in the following areas: the North Beach Neighborhood Commercial District as defined in Planning Code Section 722.1; and the Polk Street Neighborhood Commercial District as defined in Planning Code Section 723.1.' The motion carried by the following vote:

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

Noes: None

Supervisor Farrell, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 36, beginning on Line 7, following the previous amendment, by adding '; the Union Street Neighborhood Commercial District as defined in Planning Code Section 725.1; the north and south sides of Chestnut Street between the east side of Fillmore Street and the west side of Divisadero Street, and the north side of Lombard Street, between Fillmore Street and Divisadero Street.' 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 697 Printed at 8:30 am on 9/14/11 Board of Supervisors Meeting Minutes 8/2/2011 Supervisor Farrell, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 31, beginning on Line 25, by adding '(2) The Director shall provide a copy of all Limited Live Performance Permit applications and the corresponding public hearing notices within a specified geographic area to any Person who, in writing or by email, requests such and identifies the area. Such applications and notices shall be given at least 30 days prior to the date of the public hearings, or within 5 days after receipt of the request if the request is less than 30 days prior to the hearing.' The motion carried by the following vote:

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

Noes: None

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. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

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. Ordinance No. 170-11 FINALLY PASSED by the following vote:

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

Noes: Chu, Elsbernd, Wiener

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. FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Mar

Supervisor Mirkarimi, 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

Ordinance No. 171-11 FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Mar, Mirkarimi

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 Mirkarimi, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

Noes: Chiu, Cohen

12R.7, 12R.16, 12R.17, 12R.18, and 12R.25 to: 1) enhance the Office of Labor Standards Enforcement's enforcement of the City's Minimum Wage Ordinance by clarifying agency access to places of employment; 2) require a policy to resolve complaints or initiate enforcement actions within one year; 3), raise the penalty for employer retaliation; 4) impose a penalty for failure to post minimum wage rates; 5) provide for posting notice to employees upon commencement of an investigation and public posting of employer non-compliance, and impose penalties for violation of these posting requirements; 6) impose a penalty for failure to provide employer's name, address, and telephone number to employees; 7) allow for back wages held in escrow for an employee for three years or more to be used to enforce the Minimum Wage Ordinance or other laws enforced by the Office of Labor Standards Enforcement if the Office of Labor Standards Enforcement cannot locate the employee; 8) provide authority to immediately issue an administrative citation upon sufficient evidence of certain violations; and 9) require industry-focused outreach materials for employees. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110583 [Administrative Code - Cash Difference and Overage Funds] Ordinance amending the San Francisco Administrative Code Section 10.82 to: 1) authorize the Controller to establish cash difference and overage funds for the use of any county officer or department head or judicial district handling judicial funds; 2) to increase, reduce, or discontinue the funds; 3) require any county officer or department head using such funds to report to the Controller; and 4) require the Controller to annually report to the Board of Supervisors regarding the cash difference and overage funds. (Treasurer-Tax Collector) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110217 [Purchase Agreement - Permanent Access Road Easement and Temporary Construction Easement - San Joaquin County - $10,000] Resolution approving and authorizing an agreement for the purchase of a permanent access road easement and a temporary construction easement over, on, and in portions of Assessor's Parcel Nos. 253-170-05 located in San Joaquin County, required for the San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $10,000; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Real Estate Department) Resolution No. 330-11 ADOPTED by the following vote:

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

Noes: None

110428 [Purchase Agreement - Permanent Tie-Back Easement and Temporary Construction Easement - San Mateo County - $87,570] Resolution approving and authorizing an agreement for the purchase of a permanent tie-back easement and a temporary construction easement over, on, and in portions of Assessor's Parcel No. 038-200-020 located in the Town of Hillsborough, San Mateo County, and required for the Crystal Springs Pipeline No. 2 Replacement Project, known as Project No. CUW37801, for a purchase price of $87,570; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 329-11 ADOPTED by the following vote:

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

Noes: None

110429 [Purchase Agreement - Two Permanent Access Road Easements and Two Temporary Construction Easements - San Joaquin County - $83,900] Resolution approving and authorizing an agreement for the purchase of a two permanent access road easements and two temporary construction easements over, on, and in portions of Assessor's Parcel Nos. 253-270-17, 19, 21, 24, and 25 located in San Joaquin County, required for the San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $83,900; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 328-11 ADOPTED by the following vote:

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

Noes: None

application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $26,000,000 for 121 Golden Gate Avenue (121 Golden Gate Avenue Senior Community); 3) authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; 4) authorizing the Director to certify to CDLAC that the City has on deposit the required amount; 5) authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; 6) approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $26,000,000; 7) authorizing and directing the execution of any documents necessary to implement this Resolution; and 8) ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 327-11 ADOPTED by the following vote:

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

Noes: None

110723 [Contract Amendment - Transbay Joint Powers Authority - Transbay Transit Center Program Services - Not to Exceed $3,280,677] Sponsor: Kim Resolution approving the First Amendment to Contract No. CS -159 between the San Francisco Municipal Transportation Agency and the Transbay Joint Powers Authority for Transbay Transit Center Program Services pursuant to Charter Section 9.118 in an amount not to exceed $3,280,677, retroactive to August 9, 2010. (Fiscal Impact) Resolution No. 326-11 ADOPTED by the following vote:

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

Noes: None

110724 [Exchange and Conveyance of Real Property - Folsom and Essex Streets Intersection] Sponsor: Kim Resolution 1) approving the exchange of a portion of City property located near the intersection of Folsom Street and Essex Street with a portion of abutting real property owned by 515 Folsom Street LLC; 2) 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. 331-11 ADOPTED by the following vote:

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

Noes: None

110726 [Agreement - Serco, Inc. - SFpark Pilot Project - Not to Exceed $44,080,000] Sponsor: Wiener Resolution approving the Fourth Amendment to the Agreement with Serco, Inc., to: 1) replace, upgrade, and add parking meters; 2) conduct an education campaign and expand the pilot testing of new residential parking management strategies in support of the SFpark Pilot Project; and 3) to increase the contract not-to-exceed amount by $22,000,000 utilizing a loan from the Metropolitan Transportation Commission for a total not-to-exceed amount of $44,080,000. (Fiscal Impact) Resolution No. 332-11 ADOPTED by the following vote:

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

Noes: None

110736 [Real Property - Office of the Chief Medical Examiner Relocation - 1 Newhall Street - $5,304,500] Sponsor: Mayor Resolution authorizing the execution and performance of an option to purchase the approximately 33,000 square foot industrial building and land at 1 Newhall Street for $5,304,500 contained in a lease dated for reference December 20, 2006, by and between 1 Newhall, LLC, as Landlord, and the City and County of San Francisco, as tenant; adopting findings under the California Environmental Quality Act and adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1. Resolution No. 351-11 ADOPTED by the following vote:

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

Noes: None

110812 [Contract Amendment - Cypress Security, LLC - Security Services - an Additional $17,100,000] Sponsor: Wiener Resolution authorizing the San Francisco Municipal Transportation Agency to amend an expenditure contract with Cypress Security, LLC, to add an additional $17,100,000 to continue security services for an additional three years. (Fiscal Impact.) Resolution No. 333-11 ADOPTED by the following vote:

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

Noes: None

110862 [TIDA Contract Amendment - AMEC Geomatrix, Inc. - Retroactively Extending Term through June 30, 2012] Sponsor: Mayor Resolution approving an amendment to the contract between the Treasure Island Development Authority and AMEC Geomatrix, Inc., to retroactively extend the term through June 30, 2012. Resolution No. 334-11 ADOPTED by the following vote:

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

Noes: None

110863 [Extending Time to Consider Continuing Redevelopment Activities] Sponsors: Mayor; Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Mirkarimi and Wiener Resolution expressing the non-binding intent of the City and County of San Francisco to comply with Part 1.9 of the California Health and Safety Code, recently added by Assembly Bill 27, for the purpose of providing the Board of Supervisors with up to an additional month, until November 1, 2011, to consider adopting an ordinance allowing the City and County of San Francisco to continue to undertake state-authorized redevelopment activities by agreeing to make ongoing annual payments for the benefit of other taxing entities, including the San Francisco Unified School District and City College of San Francisco; and adopting findings that the Resolution is not a project under the California Environmental Quality Act. Supervisor Kim, seconded by Supervisor Elsbernd, 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. 350-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None

110731 [Electricity Resource Plan Update] Sponsors: Mayor; Cohen Resolution endorsing an updated Electricity Resource Plan to provide a long-term vision of San Francisco’s electricity future, to serve as a policy guide to be used in proposing and implementing specific actions related to electric energy programs and usage in San Francisco, and to identify potential steps toward achievement of San Francisco’s goal of having zero greenhouse gas emissions from its electric usage by 2030. Resolution No. 349-11 ADOPTED by the following vote:

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

Noes: None

110855 [Street Vacation - Resolution of Intention - Portion of Cayuga Avenue] Sponsors: Mayor; Avalos Resolution declaring the intention of the Board of Supervisors to vacate an approximately 8,490 square foot portion of public right-of-way located on Cayuga Avenue, west of Naglee Avenue; and setting a hearing date of September 6, 2011, at 3:00 p.m., for all persons interested in the proposed vacation of said public right-of-way. Resolution No. 335-11 ADOPTED by the following vote:

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

Noes: None

110732 [Executive Committee of the Corrections Partnership for Criminal Justice Realignment Appointment] Sponsors: Mayor; Mirkarimi Resolution appointing the San Francisco Department of Public Health to the Executive Committee of the San Francisco Community Corrections Partnership for the purpose of developing an implementation plan for criminal justice realignment. Resolution No. 336-11 ADOPTED by the following vote:

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

Noes: None

110735 [County Agency Responsible for Implementation of Post-Release Community Supervision Interim Designation] Sponsors: Mayor; Mirkarimi Resolution designating, on an interim basis, the San Francisco Adult Probation Department as the county agency responsible for implementing post-release community supervision until an ordinance designating the San Francisco Adult Probation Department as the post-release community supervision authority is considered and adopted by the Board of Supervisors. Resolution No. 337-11 ADOPTED by the following vote:

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

Noes: None

110622 [Administrative Code - Allowing Paid Administrative Leave in Certain Circumstances] Ordinance amending the San Francisco Administrative Code by adding Section 16.10 to allow the City and County of San Francisco to use time-limited paid administrative leave for its employees under certain circumstances. (Human Resources Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

ceipt of payment: 4801 3rd Street; 1855 10th Avenue; 3850 17th Street; 3864-3868 24th Street; 689 26th Avenue; 519 47th Avenue; 80 Alviso Street; 65 Badger Street; 601 Bosworth Street; 460 Bryant Street; 1522 Bush Street; 1012 Chenery Street; 619 Diamond Street; 85 Farallones Street; 314 Flood Avenue; 2332-36 Fulton Street; 1117 Geary Blvd.; 1122 Gilman Avenue; 1884 Green Street; 2175 Greenwich Street; 587 Haight Street; 1314 Hawes Street; 1429V Hyde Street; 2909 Jennings Street; 1084 Le Conte Avenue; 2640 Leavenworth Street; 246 Liberty Street; 58 Lobos Street; 631 Madrid Street; 3156 Mission Street; 5530 Mission Street; 55 Natoma Street; 215 Noe Street; 165 O'Farrell Street; 466 Paris Street; 32 Peralta Avenue; 130 Pope Street; 7 Seymour Street; 75 Staples Avenue; 1335 Stevenson Street; 290 Townsend Street; 548 Valencia Street; 552 Valencia Street; 65 Valley Street; 3800 Washington Street; 3810 Washington Street. The amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 110691, were received without objection. Resolution No. 338-11 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

110760 [Affirming the Exemption Determination - 1945 Hyde Street] Motion affirming the determination by the Planning Department that a project located at 1945 Hyde Street is exempt from environmental review. (Clerk of the Board) Motion No. M11-129 Supervisor Chiu, 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

110761 [Reversing the Exemption Determination - 1945 Hyde Street] Motion reversing the determination by the Planning Department that a project located at 1945 Hyde Street is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110762 [Preparation of Findings to Reverse the Exemption Determination - 1945 Hyde Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that a project located at 1945 Hyde Street is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110831 [Public Hearing - Appeal of Tentative Parcel Map - 1621 Montgomery Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated July 6, 2011, approving a Tentative Parcel Map for a 4-unit commercial condominium subdivision located at 1621 Montgomery Street, Assessor’s Block No. 0060, Lot No. 0310. (District 3) (Appellant: Sandra M. Bonato on behalf of the Lombard Plaza Owners Association). (Clerk of the Board) (Filed July 15, 2011; Companion Measure to File Nos. 110832, 110833, and 110834.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance. Steven Weil (Appellant) and Ralph Kertstetter (Project Sponsor) both spoke in favor of the continuance. There were no other speakers. Supervisor Mirkarimi, seconded by Supervisor Chu, moved that this Hearing be CONTINUED open to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110832 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 1621 Montgomery Street] Motion finding the Tentative Parcel Map for a 4-unit commercial condominium subdivision located at 1621 Montgomery Street, Assessor's Block No. 0060, Lot No. 0310, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; approving the decision of the Department of Public Works; and approving the Tentative Parcel Map. Supervisor Mirkarimi, seconded by Supervisor Chu, moved that this Motion be CONTINUED to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110833 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 1621 Montgomery Street] Motion finding the Tentative Parcel Map for a 4-unit commercial condominium subdivision located at 1621 Montgomery Street, Assessor's Block No. 0060, Lot No. 0310, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; disapproving the decision of the Department of Public Works; and disapproving the Tentative Parcel Map. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Chu, moved that this Motion be CONTINUED to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110834 [Preparation of Findings Related to the Tentative Parcel Map Disapproval - 1621 Montgomery Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 4-unit commercial condominium subdivision at 1621 Montgomery Street, Assessor's Block No. 0060, Lot No. 0310. Supervisor Mirkarimi, seconded by Supervisor Chu, moved that this Motion be CONTINUED to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110835 [Public Hearing - Appeal of Tentative Parcel Map - 1171 Sansome Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated June 30, 2011, approving a Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor’s Block No. 0113, Lot No. 040. (District 3) (Appellants: John M. Sanger, Catherine Sanger, David Davies, and Jack Weeden). (Clerk of the Board) (Filed July 11, 2011; Companion Measure to File Nos. 110836, 110837, and 110838.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. Supervisor Chu, seconded by Supervisor Cohen, moved that this Hearing be CONTINUED open to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110836 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 1171 Sansome Street] Motion finding the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor's Block No. 0113, Lot No. 040, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; approving the decision of the Department of Public Works; and approving the Tentative Parcel Map. (Clerk of the Board) Supervisor Chu, seconded by Supervisor Cohen, moved that this Motion be CONTINUED to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110837 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 1171 Sansome Street] Motion finding the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor's Block No. 0113, Lot No. 040, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; disapproving the decision of the Department of Public Works; and disapproving the Tentative Parcel Map. (Clerk of the Board) Supervisor Chu, seconded by Supervisor Cohen, moved that this Motion be CONTINUED to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110838 [Preparation of Findings Related to the Tentative Parcel Map Disapproval - 1171 Sansome Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor's Block No. 0113, Lot No. 040. (Clerk of the Board) Supervisor Chu, seconded by Supervisor Cohen, moved that this Motion be CONTINUED to September 6, 2011, at 2:30 p.m. The motion carried by the following vote:

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

Noes: None

110688 [Board Response to the 2010-2011 Civil Grand Jury Report Entitled “The Parkmerced: Government by Developer”] Sponsor: Campos Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2010-2011 Civil Grand Jury Report entitled “The Parkmerced Vision: Government by Developer” and urging the Mayor to cause the implementation of accepted findings and recommendations through his department heads and through the development of the annual budget. (Clerk of the Board) ADOPTED by the following vote:

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

Noes: Campos, Kim

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

Ayes: Chiu, Cohen, Elsbernd, Farrell, Mirkarimi, Wiener

Noes: Avalos, Campos, Kim, Mar

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

Ayes: Avalos, Campos, Chiu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener, Resolution No. 339

Noes: None

ADOPTED by the following vote:

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

Noes: Avalos, Campos, Kim, Mar, Mirkarimi

110772 [Resolution of Intention - West Portal Community Benefit District] Sponsor: Elsbernd Resolution 1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the “West Portal Community Benefit District” and to levy a multi-year assessment on identified parcels in the district; 2) approving the management district plan and engineer's report and proposed boundaries map for the district; 3) ordering and setting a time and place for a public hearing thereon; 4) approving the form of the Notice of Public Hearing and Assessment Ballots; and 5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 340-11 ADOPTED by the following vote:

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

Noes: None

110844 [Appointments, Citizen's Advisory Committee for the Central Market Street and Tenderloin Area - Eva Pirring, Felica Denia, Steven Suzuki, Brad Paul, Mara Blitzer, Jesus Perez, and Linda Pierce] Motion appointing seven members, terms to be determined, to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area. (Clerk of the Board) Motion No. M11-128 APPROVED by the following vote:

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

Noes: None

110343 [Liquor License Expansion - 1168 Folsom Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Craig and Elizabeth Wathen, for the expansion of the City Beer Store into the adjacent office space located at 1168 Folsom Street (District 6), 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. 341-11 ADOPTED by the following vote:

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

Noes: None

110544 [Liquor License Transfer - 1423 Polk Street] Resolution determining that the premise to premise transfer of a Type 48 on-sale general public premises liquor license from 1060 Geary Street to 1423 Polk Street (District 3), to Lori Martens for KoKo Cocktails (dba the HI-LO Club), 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. 342-11 ADOPTED by the following vote:

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

Noes: None

110864 [Application Approval - Comprehensive HIV Prevention Programs - $8,085,800] Sponsors: Mayor; Wiener Resolution authorizing the Department of Public Health to submit a one-year application for calendar year 2012 to continue to receive funding for the “Comprehensive HIV Prevention Programs” grant from the Centers for Disease Control and Prevention, requesting $8,085,000 in HIV prevention funding for San Francisco; from January 1, 2012, through December 31, 2012. Resolution No. 343-11 ADOPTED by the following vote:

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

Noes: None

110881 [Final Map 5209: 1301 Indiana Street and 1280 Minnesota Street] Motion approving Final Map 5209, a Mixed-Use 32 Unit Residential and 3 Unit Commercial Condominium Project, located at 1301 Indiana Street and 1280 Minnesota Street being a subdivision of Lot No. 159 in Assessor's Block No. 4228; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M11-135 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

110689 [Committee of the Whole - Public Hearing on Special Assessment of Liens for Assessment of Cost] Motion directing the Board of Supervisors to hold a public hearing on August 2, 2011, at 3:00 p.m. with the Board sitting as a Committee of the Whole, to consider adopting a resolution confirming Report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, and Fees pursuant to the provisions of Sections 102A.3, 102A.4, 102A.6 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, Section 108A, Section 110A - Tables 1A-K and 1A-G, of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for Services rendered by said Department of costs thereof having accrued pursuant to code violations referenced above. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to File No. 110689. There were no speakers. The President declared public comment closed. Motion No. M11-127 APPROVED by the following vote:

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

Noes: None

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 Campos, 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

Motion No. M11-130 APPROVED AS AMENDED by the following vote:

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

Noes: None

110892 [Commending VetSTRONG, the San Francisco Chapter of Returning Veterans of America, City College of San Francisco Veterans Alliance, and Our Veterans Club at San Francisco State University] Sponsors: Farrell; Cohen, Chu, Elsbernd, Mar, Mirkarimi, Kim, Chiu, Campos and Avalos Resolution commending VetSTRONG, the San Francisco Chapter of Returning Veterans of America, City College of San Francisco Veterans Alliance, and Our Veterans Club at San Francisco State University in their work to strengthen a community amongst Post 9-11 veterans, veteran resource providers, and residents of the City and County of San Francisco. Supervisors Chiu, Campos, and Avalos requested to be added as co-sponsors. Resolution No. 352-11 ADOPTED by the following vote:

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

Noes: None

110894 [Urging the Suspension of or Termination of Agreements with Immigration and Customs Enforcement on the Police/ICE Collaboration Program Known as “Secure Communities” and Supporting AB 1081] Sponsors: Mirkarimi; Campos, Mar, Chiu, Avalos and Kim Resolution urging Governor Jerry Brown and Attorney General Kamala Harris to join the Governors of Illinois, Massachusetts, and New York in suspending or terminating agreements with Immigration and Customs Enforcement (ICE) on the Police/ICE collaboration program known as “Secure Communities” and to support Assembly Bill 1081, the TRUST Act - state legislation that would permit localities to opt out of the program. Supervisor Avalos requested to be added as a co-sponsor. Supervisor Chu, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to September 6, 2011. The motion carried by the following vote:

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

Noes: None

110878 [Final Map 5580: 49-55 Columbus Avenue] Sponsor: Chiu Motion approving Final Map 5580, a Three Airspace Subdivision and 21 Unit Limited Equity Housing Cooperative, located at 49-55 Columbus Avenue being a subdivision of Lot No. 12 in Assessor's Block No. 195; adopting findings pursuant to the General Plan and City Planning Code Section 101.1; and approving a Notice of Conditions of Approval related to the Final Map. (Public Works Department) Supervisor Chiu requested to be added as sponsor. Motion No. M11-131 APPROVED by the following vote:

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

Noes: None