# Board of Supervisors Minutes: September 6, 2011 - Meeting date: 2011-09-06 - Document type: minutes - Source format: PDF - Extracted pages: 24 - [Canonical HTML transcript](https://sfbos.info/documents/2107/2011-09-06-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m090611.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110583: Administrative Code - Cash Difference and Overage Funds - Pages: 2-3 ### File 110594: Administrative Code - Enforcement of Minimum Wage Law by the Office of Labor Standards Enforcement - Pages: 3 - Sponsors: Campos; Mar, Avalos, Chiu, Mirkarimi and Kim ### File 110829: Appointment, Mental Health Board - Lena Miller - Pages: 3 - Vote 1: approval, likely final - Action: 110829 [Appointment, Mental Health Board - Lena Miller] Motion appointing Lena Miller, term ending January 31, 2013, to the Mental Health Board. (Clerk of the Board) Lena Miller, seat 15, succeeding Mary Ann Jones, must be a mental health professional, for the unexpired portion of a three-year term ending January 31, 2013. Motion No. M11-136 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110622: Administrative Code - Allowing Paid Administrative Leave in Certain Circumstances - Pages: 3-4 - Vote 1: amendment - Action: 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) Supervisor Campos, seconded by Supervisor Farrell, moved that this Ordinance 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 - Vote 2: final-passage, likely final - Action: City and County of San Francisco Page 732 Printed at 4:19 pm on 10/26/11 Board of Supervisors Meeting Minutes 9/6/2011 Ordinance amending the San Francisco Administrative Code by adding Section 16.17 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) FINALLY PASSED AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110503: Administrative Code - Regulating Overtime Available for City Employees - Pages: 4 - Sponsors: Chiu - Vote 1: first-reading - Action: 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 Elsbernd, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED ON FIRST READING to September 13, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110506: Police, Planning, and Business and Tax Regulations Codes - Limited Live Performance Permits - Pages: 4-5 - Sponsors: Mirkarimi; Wiener, Mar and Campos - Vote 1: final-passage, likely final - Action: 110506 [Police, Planning, and Business and Tax Regulations Codes - Limited Live 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. Ordinance No. 172-11 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101574: Elections Code - E-mailing the Voter Information Pamphlet - Pages: 5 - Sponsors: Mirkarimi - Vote 1: first-reading - Action: 101574 [Elections Code - E-mailing the Voter Information Pamphlet] Sponsor: Mirkarimi Ordinance amending the San Francisco Municipal Elections Code Section 500, and adding Section 502, to require the Director of Elections to establish a process that permits voters to choose to receive the San Francisco Voter Information Pamphlet and associated materials by electronic means instead of by paper mail. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110806: Administrative Code - Deleting Outdated References to Telecommunications Commission - Pages: 5 - Vote 1: first-reading - Action: 110806 [Administrative Code - Deleting Outdated References to Telecommunications Commission] Ordinance repealing the San Francisco Administrative Code Section 11.84, thereby dissolving the Telecommunications Commission. (Clerk of the Board) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110809: Administrative Code - Dissolving Drug Abuse and City-Wide Alcoholism Advisory Boards - Pages: 5 - Vote 1: first-reading - Action: 110809 [Administrative Code - Dissolving Drug Abuse and City-Wide Alcoholism Advisory Boards] Ordinance repealing the San Francisco Administrative Code Sections 15.17 and 15.19, thereby dissolving the Drug Abuse Advisory Board and the City-Wide Alcoholism Advisory Boards, respectively. (Clerk of the Board) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110807: Dissolving Presidio Neighborhood Representative Work Group - Pages: 5 - Vote 1: adoption, likely final - Action: 110807 [Dissolving Presidio Neighborhood Representative Work Group] Resolution repealing Resolution No. 668-01 to dissolve the “Presidio Neighborhood Representative Work Group.” (Clerk of the Board) Resolution No. 355-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110808: Dissolving Mayor's Criminal Justice Council - Pages: 5-6 - Vote 1: adoption, likely final - Action: 110808 [Dissolving Mayor's Criminal Justice Council] Resolution repealing Resolution Nos. 89-71, 286-71, 359-71, 360-71, 608-71, 14-72, 578-72, 510-73, 934-74, 126-77, 26-78, 704-78, 412-82, 349-89, and 414-89, to dissolve the “Mayor's Criminal Justice Council.” (Clerk of the Board) Resolution No. 356-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110810: Dissolving Children's Collaborative Task Force - Pages: 6 - Vote 1: adoption, likely final - Action: 110810 [Dissolving Children's Collaborative Task Force] Resolution repealing Resolution No. 358-07 to dissolve the “Children's Collaborative Task Force." (Clerk of the Board) Resolution No. 357-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110811: Dissolving Arts Task Force - Pages: 6 - Vote 1: adoption, likely final - Action: 110811 [Dissolving Arts Task Force] Resolution repealing Resolution Nos. 781-04, 316-05, 402-05, 802-05, and 77-06, to dissolve the “Arts Task Force.” (Clerk of the Board) Resolution No. 358-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110825: Public Hearing - Appeal of Determination of Exemption from Environmental Review - 70 Gold Mine Drive - Pages: 6 ### File 110826: Affirming the Exemption Determination - 70 Gold Mine Drive - Pages: 6 ### File 110827: Reversing the Exemption Determination - 70 Gold Mine Drive - Pages: 6-7 ### File 110828: Preparation of Findings to Reverse the Exemption Determination - 70 Gold Mine Drive - Pages: 7 ### File 110835: Public Hearing - Appeal of Tentative Parcel Map - 1171 Sansome Street - Pages: 7 - Vote 1: continuance - Action: 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: 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 due to the related categorical exemption appeal scheduled for October 4, 2011. There were no speakers. Supervisor Kim, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110836: Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 1171 Sansome Street - Pages: 7 - Vote 1: continuance - Action: 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 Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110837: Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 1171 Sansome Street - Pages: 7-8 - Vote 1: continuance - Action: 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 Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110838: Preparation of Findings Related to the Tentative Parcel Map Disapproval - 1171 Sansome Street - Pages: 8 - Vote 1: continuance - Action: 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 Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110831: Public Hearing - Appeal of Tentative Parcel Map - 1621 Montgomery Street - Pages: 8 ### File 110832: Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 1621 Montgomery Street - Pages: 8 - Vote 1: tabling - Action: 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 Kim, 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 ### File 110833: Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 1621 Montgomery Street - Pages: 8-9 - Vote 1: tabling - Action: 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 Kim, 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 ### File 110834: Preparation of Findings Related to the Tentative Parcel Map Disapproval - 1621 Montgomery Street - Pages: 9 - Vote 1: tabling - Action: 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 Kim, 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 ### File 110840: Public Hearing - Appeal of Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street - Pages: 9 ### File 110841: Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street - Pages: 9 - Vote 1: tabling - Action: 110841 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street] Motion finding the Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007, 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 Mirkarimi, seconded by Supervisor Elsbernd, 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 ### File 110842: Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street - Pages: 9-10 - Vote 1: tabling - Action: 110842 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street] Motion finding the Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007, 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 Elsbernd, 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 ### File 110843: Preparation of Findings Related to the Tentative Parcel Map Disapproval - 8 Napier Lane/222-222A Filbert Street - Pages: 10 - Vote 1: tabling - Action: 110843 [Preparation of Findings Related to the Tentative Parcel Map Disapproval - 8 Napier Lane/222-222A Filbert 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 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Elsbernd, 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 ### File 110941: Public Hearing - Appeal of Determination of Exemption from Environmental Review - 660-670 4th Street - Pages: 10 ### File 110942: Affirming the Exemption Determination - 660-670 4th Street - Pages: 10-11 - Vote 1: approval, likely final - Action: 110942 [Affirming the Exemption Determination - 660-670 4th Street] Motion affirming the determination by the Planning Department that the project located at 660-670 4th Street is exempt from environmental review. Motion No. M11-137 Supervisor Kim, seconded by Supervisor Elsbernd, 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 ### File 110943: Reversing the Exemption Determination - 660-670 4th Street - Pages: 11 - Vote 1: tabling - Action: 110943 [Reversing the Exemption Determination - 660-670 4th Street] Motion reversing the determination by the Planning Department that the 660-670 4th Street project is exempt from environmental review. Supervisor Kim, seconded by Supervisor Elsbernd, 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 ### File 110944: Preparation of Findings to Reverse the Exemption Determination - 660-670 4th Street - Pages: 11 - Vote 1: tabling - Action: 110944 [Preparation of Findings to Reverse the Exemption Determination - 660-670 4th Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 660-670 4th Street is exempt from environmental review. Supervisor Kim, seconded by Supervisor Elsbernd, 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 ### File 110856: Hearing - Street Vacation Order and Jurisdictional Transfer - Mandan Avenue and a Portion of Cayuga Avenue - Pages: 11-12 ### File 110857: Street Vacation Order and Jurisdictional Transfer - Mandan Avenue and a Portion of Cayuga Avenue - Pages: 12 - Sponsors: Mayor; Avalos - Vote 1: first-reading - Action: 110857 [Street Vacation Order and Jurisdictional Transfer - Mandan Avenue and a Portion of Cayuga Avenue] Sponsors: Mayor; Avalos Ordinance: 1) ordering the vacation of an approximately 8,490 square foot portion of public right-of-way located on Cayuga Avenue, west of Naglee Avenue; 2) approving the jurisdictional transfer of such portion of public right-of-way from the Department of Public Works to the Recreation and Park Department; 3) approving the jurisdictional transfer of Mandan Avenue and portion of Cayuga Avenue, previously vacated by Board of Supervisors Resolution No. 5468, from the Department of Public Works to the Recreation and Park Department; 4) adopting environmental findings and findings that the actions contemplated herein are consistent with the City's General Plan and Planning Code Section 101.1; and 5) authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110893: KALW Day - September 8, 2011 - Pages: 13 - Sponsors: Mar ### File 110922: Lost Landmark Plaques for Uptown Tenderloin Historic District - Pages: 13-14 - Sponsors: Kim ### File 110923: Accept and Expend Grant - National Night Out - $3,000 - Pages: 14 - Sponsors: Mayor ### File 110925: Approval of a 30 Day Extension for Planning Commission Review - Pages: 14 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: ctions 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 of the Planning Code to: 1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; 2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; 3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; 4) conditionally permit Large Self- Service Restaurants in the Inner Sunset Neighborhood Commercial District; 5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; 6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; and 7) making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Resolution No. 362-11 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 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 - Pages: 14-15 - Sponsors: Mirkarimi; Campos, Mar, Chiu, Avalos and Kim - Vote 1: referral - Action: 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 Kim requested to be added as a co-sponsor. Supervisor Mirkarimi, seconded by Supervisor Kim, moved that this Resolution be REFERRED to the Public Safety Committee. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110964: Ortega Branch Library Grand Opening - September 10, 2011 - Pages: 15-16 - Sponsors: Chu - Vote 1: adoption, likely final - Action: 110964 [Ortega Branch Library Grand Opening - September 10, 2011] Sponsor: Chu Resolution recognizing the grand opening of the new Ortega Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110964. There were no speakers. The President declared public comment closed. Resolution No. 363-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: other - Action: [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Chu, seconded by Supervisor Elsbernd, moved ADOPTION of the commendatory finding. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 3: other - Action: [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Chu, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110965: Commending the Friends of West Sunset Playground, Neighborhood Parks Council, Rec Connect, and the Recreation and Park and Public Works Departments on the Completion of the West Sunset Playground Rebuild Project - Pages: 16 - Sponsors: Chu - Vote 1: adoption, likely final - Action: 110965 [Commending the Friends of West Sunset Playground, Neighborhood Parks Council, Rec Connect, and the Recreation and Park and Public Works Departments on the Completion of the West Sunset Playground Rebuild Project] Sponsor: Chu Resolution commending the Friends of West Sunset Playground, Neighborhood Parks Council, Rec Connect, and the Recreation and Park and Public Works Departments on the completion of the West Sunset Playground rebuild project. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110965. There were no speakers. The President declared public comment closed. Resolution No. 364-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110966: Park Code - Long Term Management Agreement with the National Park Service for Sharp Park - Pages: 16 - Sponsors: Avalos ### File 110967: Police Code - Regulating Public Nudity in Restaurants and Public Seating Areas - Pages: 16-17 - Sponsors: Wiener ### File 110957: Accept and Expend Grant - Airport Canine Explosives Detection Team Program - $600,500 - Pages: 17 - Sponsors: Chu ### File 110968: Changing the Street Name of a Portion of La Playa to Great Highway - Pages: 17 - Sponsors: Chu ### File 110969: Agreement - Owners' Association - Administration/Management of Civic Center Community Benefit District - Pages: 17 - Sponsors: Kim ### File 110970: Annual Reports - Central Market Community Benefit District - Pages: 17 - Sponsors: Kim ### File 110971: Assessment Ballots for City Parcels to Form the Proposed West Portal Community Benefit District - Pages: 17-18 - Sponsors: Elsbernd ### File 110972: Contract - San Francisco Community Health Authority - Provider Payment Services for the Healthy San Francisco Program - Pages: 18 - Sponsors: Mayor ### File 110973: Commendation of the Stern Grove Festival Association - Pages: 18 - Sponsors: Elsbernd; Chiu and Chu ### File 110974: Multifamily Housing Revenue Bonds - 1180 Fourth Street Family Housing - Not to Exceed $50,000,000 - Pages: 18-19 - Sponsors: Kim ### File 110975: Multifamily Housing Revenue Bonds - Natoma Family Apartments - Not to Exceed $20,000,000 - Pages: 19 - Sponsors: Kim ### File 110976: Hearing - Youth Violence Prevention Initiative: Local Action Plan Report - Pages: 19 - Sponsors: Mirkarimi ### File 110139: Settlement of Lawsuit - Loren Miller Homes - $317,500 - Pages: 19 ### File 110903: Administrative Code - Nonprofit Annual Economic Statement - Pages: 19-20 ### File 110904: Administrative Code - References to the Bureaus of Architecture, Engineering, and Construction Management - Pages: 20 ### File 110954: Settlement of Lawsuit - Julio Calero - $75,000 - Pages: 20 ### File 110955: Settlement of Lawsuits - Mitchell Engineering; Authorization of Bonds and Appropriation of Funds - Not to Exceed $15,750,000 - Pages: 20 ### File 110933: Contract Amendment - Western States Oil - Not to Exceed $78,300,000 - Pages: 20 ### File 110956: Settlement of Claim - Ernst & Young, LLP - $158,646.36 - Pages: 20-24 ## Extracted text ### [Page 1](https://sfbos.info/documents/2107/2011-09-06-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 6, 2011 - 2:00 PM City Hall, Room 416 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, ROSS MIRKARIMI, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Chu, Mirkarimi, Kim 10:00 AM City and School District Select Committee 2nd and 4th Thursday Supervisors Cohen, Avalos, Chu, Commissioners Fewer, Maufas, Norton 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Avalos, Mar, Elsbernd 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Campos, Farrell, Chiu 10:00 AM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Mirkarimi, Cohen, Campos 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Elsbernd, Farrell 1:30 PM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 106 Number 32 ### [Page 2](https://sfbos.info/documents/2107/2011-09-06-minutes#page-2) Board of Supervisors Meeting Minutes 9/6/2011 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Ross Mirkarimi, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:13 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes of July 12, 2011, July 19, 2011, July 26, 2011, and August 2, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Committee 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) Ordinance No. 173-11 FINALLY PASSED City and County of San Francisco Page 731 Printed at 4:19 pm on 10/26/11 ### [Page 3](https://sfbos.info/documents/2107/2011-09-06-minutes#page-3) Board of Supervisors Meeting Minutes 9/6/2011 110594 [Administrative Code - Enforcement of Minimum Wage Law by the Office of Labor Standards Enforcement] Sponsors: Campos; Mar, Avalos, Chiu, Mirkarimi and Kim Ordinance amending the San Francisco Administrative Code Sections 12R.5, 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. Ordinance No. 175-11 FINALLY PASSED Recommendations of the Rules Committee 110829 [Appointment, Mental Health Board - Lena Miller] Motion appointing Lena Miller, term ending January 31, 2013, to the Mental Health Board. (Clerk of the Board) Lena Miller, seat 15, succeeding Mary Ann Jones, must be a mental health professional, for the unexpired portion of a three-year term ending January 31, 2013. Motion No. M11-136 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Severed from the Consent Agenda Supervisor Chiu requested that File No. 110622 be severed so that it may be considered separately. 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) Supervisor Campos, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 732 Printed at 4:19 pm on 10/26/11 ### [Page 4](https://sfbos.info/documents/2107/2011-09-06-minutes#page-4) Board of Supervisors Meeting Minutes 9/6/2011 Ordinance amending the San Francisco Administrative Code by adding Section 16.17 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) FINALLY PASSED AS AMENDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Sub-Committee 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 Elsbernd, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED ON FIRST READING to September 13, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Recommendation of the Land Use and Economic Development Committee 110506 [Police, Planning, and Business and Tax Regulations Codes - Limited Live 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. Ordinance No. 172-11 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 733 Printed at 4:19 pm on 10/26/11 ### [Page 5](https://sfbos.info/documents/2107/2011-09-06-minutes#page-5) Board of Supervisors Meeting Minutes 9/6/2011 NEW BUSINESS Recommendations of the Rules Committee 101574 [Elections Code - E-mailing the Voter Information Pamphlet] Sponsor: Mirkarimi Ordinance amending the San Francisco Municipal Elections Code Section 500, and adding Section 502, to require the Director of Elections to establish a process that permits voters to choose to receive the San Francisco Voter Information Pamphlet and associated materials by electronic means instead of by paper mail. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110806 [Administrative Code - Deleting Outdated References to Telecommunications Commission] Ordinance repealing the San Francisco Administrative Code Section 11.84, thereby dissolving the Telecommunications Commission. (Clerk of the Board) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110809 [Administrative Code - Dissolving Drug Abuse and City-Wide Alcoholism Advisory Boards] Ordinance repealing the San Francisco Administrative Code Sections 15.17 and 15.19, thereby dissolving the Drug Abuse Advisory Board and the City-Wide Alcoholism Advisory Boards, respectively. (Clerk of the Board) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110807 [Dissolving Presidio Neighborhood Representative Work Group] Resolution repealing Resolution No. 668-01 to dissolve the “Presidio Neighborhood Representative Work Group.” (Clerk of the Board) Resolution No. 355-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110808 [Dissolving Mayor's Criminal Justice Council] Resolution repealing Resolution Nos. 89-71, 286-71, 359-71, 360-71, 608-71, 14-72, 578-72, 510-73, 934-74, 126-77, 26-78, 704-78, 412-82, 349-89, and 414-89, to dissolve the “Mayor's Criminal Justice Council.” (Clerk of the Board) Resolution No. 356-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 734 Printed at 4:19 pm on 10/26/11 ### [Page 6](https://sfbos.info/documents/2107/2011-09-06-minutes#page-6) Board of Supervisors Meeting Minutes 9/6/2011 110810 [Dissolving Children's Collaborative Task Force] Resolution repealing Resolution No. 358-07 to dissolve the “Children's Collaborative Task Force." (Clerk of the Board) Resolution No. 357-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110811 [Dissolving Arts Task Force] Resolution repealing Resolution Nos. 781-04, 316-05, 402-05, 802-05, and 77-06, to dissolve the “Arts Task Force.” (Clerk of the Board) Resolution No. 358-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 2:30 P.M. 110825 [Public Hearing - Appeal of Determination of Exemption from Environmental Review - 70 Gold Mine Drive] Hearing of persons interested in or objecting to the decision of the Planning Department dated March 12, 2009, Case No. 2008.1218E, that a project located at 70 Gold Mine Drive is exempt from environmental review under Categorical Exemption, Class 1 (State CEQA Guidelines Section 15301). The proposed project involves demolition of an existing single-family residential building and construction of three residential units, Lot No. 033, in Assessor’s Block No. 7520. (District 8) (Appellant: George Tsang) (Filed July 21, 2011; Companion Measure to File Nos. 110826, 110827 and 110828.) The President indicated receipt of a letter from the project sponsor, dated August 30, 2011, withdrawing their environmental application and categorical exemption. TABLED BY OPERATION OF LAW 110826 [Affirming the Exemption Determination - 70 Gold Mine Drive] Motion affirming the determination by the Planning Department that a project located at 70 Gold Mine Drive is exempt from environmental review. TABLED BY OPERATION OF LAW 110827 [Reversing the Exemption Determination - 70 Gold Mine Drive] Motion reversing the determination by the Planning Department that the 70 Gold Mine Drive project is exempt from environmental review. TABLED BY OPERATION OF LAW City and County of San Francisco Page 735 Printed at 4:19 pm on 10/26/11 ### [Page 7](https://sfbos.info/documents/2107/2011-09-06-minutes#page-7) Board of Supervisors Meeting Minutes 9/6/2011 110828 [Preparation of Findings to Reverse the Exemption Determination - 70 Gold Mine Drive] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that a project located at 70 Gold Mine Drive is exempt from environmental review. TABLED BY OPERATION OF LAW SPECIAL ORDER 2:30 P.M. 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: 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 due to the related categorical exemption appeal scheduled for October 4, 2011. There were no speakers. Supervisor Kim, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener The President CONTINUED the Hearing open to October 4, 2011, at 4:00 p.m. 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 Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 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 Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 736 Printed at 4:19 pm on 10/26/11 ### [Page 8](https://sfbos.info/documents/2107/2011-09-06-minutes#page-8) Board of Supervisors Meeting Minutes 9/6/2011 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 Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 2:30 P.M. 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 indicated receipt of a letter from the appellant, dated September 1, 2011, withdrawing their appeal and inquired as to whether any member of the public wished to address the Board. There were no speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 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 Kim, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 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 Kim, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 737 Printed at 4:19 pm on 10/26/11 ### [Page 9](https://sfbos.info/documents/2107/2011-09-06-minutes#page-9) Board of Supervisors Meeting Minutes 9/6/2011 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 Kim, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 2:30 P.M. 110840 [Public Hearing - Appeal of Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated July 14, 2011, approving a Tentative Parcel Map for a 3-unit condominium conversion located at 8 Napier Lane/222-222A Filbert Street, Assessor’s Block No. 0085, Lot No. 007. (District 3) (Appellant: Terence Keene) (Clerk of the Board) (Filed July 25, 2011; Companion Measure to File Nos. 110841, 110842, and 110843.) The President indicated receipt of a settlement agreement from the appellant, dated September 6, 2011, thereby withdrawing their appeal and inquired as to whether any member of the public wished to address the Board. There were no speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 110841 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street] Motion finding the Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007, 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 Mirkarimi, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110842 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street] Motion finding the Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007, 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 Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 738 Printed at 4:19 pm on 10/26/11 ### [Page 10](https://sfbos.info/documents/2107/2011-09-06-minutes#page-10) Board of Supervisors Meeting Minutes 9/6/2011 110843 [Preparation of Findings Related to the Tentative Parcel Map Disapproval - 8 Napier Lane/222-222A Filbert 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 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 2:30 P.M. 110941 [Public Hearing - Appeal of Determination of Exemption from Environmental Review - 660-670 4th Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated July 7, 2011, Case No. 2010.1042C, that a project located at 660-670 4th Street is exempt from environmental review under Categorical Exemption, Class 3 (State CEQA Guidelines Section 15301). The proposed project involves installation of a wireless telecommunications facility consisting of ten new panel antennas and six new equipment cabinets on the rooftop of an existing mixed use building, Lot Nos. 104-160, in Assessor’s Block No. 3786. (District 6) (Appellant: Jason Sanders) (Filed July 25, 2011; Companion Measure to File Nos. 110942, 110943 and 110944.) The President inquired as to whether any member of the public wished to address the Board. Jason Sanders (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Walter Paulson; spoke in support of the appeal. AnMarie Rodgers (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Amanda Monchamp and Bill Hammett (Project Sponsors) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. Catherine Webster; Male Speaker; spoke in support of the project and in opposition to the appeal. Jason Sanders (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 110942 [Affirming the Exemption Determination - 660-670 4th Street] Motion affirming the determination by the Planning Department that the project located at 660-670 4th Street is exempt from environmental review. Motion No. M11-137 Supervisor Kim, seconded by Supervisor Elsbernd, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 739 Printed at 4:19 pm on 10/26/11 ### [Page 11](https://sfbos.info/documents/2107/2011-09-06-minutes#page-11) Board of Supervisors Meeting Minutes 9/6/2011 110943 [Reversing the Exemption Determination - 660-670 4th Street] Motion reversing the determination by the Planning Department that the 660-670 4th Street project is exempt from environmental review. Supervisor Kim, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110944 [Preparation of Findings to Reverse the Exemption Determination - 660-670 4th Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 660-670 4th Street is exempt from environmental review. Supervisor Kim, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 110856 [Hearing - Street Vacation Order and Jurisdictional Transfer - Mandan Avenue and a Portion of Cayuga Avenue] Hearing of persons interested in or objecting to the proposed Ordinance: 1) ordering the vacation of an approximately 8,490 square foot portion of public right-of-way located on Cayuga Avenue, west of Naglee Avenue; 2) approving the jurisdictional transfer of such portion of public right-of-way from the Department of Public Works to the Recreation and Park Department; 3) approving the jurisdictional transfer of Mandan Avenue and portion of Cayuga Avenue, previously vacated by Board of Supervisors Resolution No. 5468, from the Department of Public Works to the Recreation and Park Department; 4) adopting environmental findings and findings that the actions contemplated herein are consistent with the City's General Plan and Planning Code Section 101.1; and 5) authorizing official acts in connection with this Ordinance. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole. John Updike, Acting Director of Real Estate, provided an overview of the street vacation. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AT PUBLIC HEARING Committee of the Whole Adjourn and Report City and County of San Francisco Page 740 Printed at 4:19 pm on 10/26/11 ### [Page 12](https://sfbos.info/documents/2107/2011-09-06-minutes#page-12) Board of Supervisors Meeting Minutes 9/6/2011 From the Land Use and Economic Development Committee Without Recommendation 110857 [Street Vacation Order and Jurisdictional Transfer - Mandan Avenue and a Portion of Cayuga Avenue] Sponsors: Mayor; Avalos Ordinance: 1) ordering the vacation of an approximately 8,490 square foot portion of public right-of-way located on Cayuga Avenue, west of Naglee Avenue; 2) approving the jurisdictional transfer of such portion of public right-of-way from the Department of Public Works to the Recreation and Park Department; 3) approving the jurisdictional transfer of Mandan Avenue and portion of Cayuga Avenue, previously vacated by Board of Supervisors Resolution No. 5468, from the Department of Public Works to the Recreation and Park Department; 4) adopting environmental findings and findings that the actions contemplated herein are consistent with the City's General Plan and Planning Code Section 101.1; and 5) authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Chiu, seconded by Supervisor Campos, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to Carole Moore and Richard Bolingbroke of the Artists Guild of San Francisco in recognition of their 50th anniversary and continued community support. ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 741 Printed at 4:19 pm on 10/26/11 ### [Page 13](https://sfbos.info/documents/2107/2011-09-06-minutes#page-13) Board of Supervisors Meeting Minutes 9/6/2011 PUBLIC COMMENT Abdallah Megahed; expressed various concerns. Colin Gallagher; expressed support for secure communities program. Peter Alexander; expressed various concerns. Doug Malar; expressed concerns relating treason. Colleen Fernall; expressed concerns relating to emergency funding. Walter Paulson; shared in song certain concerns with the Board. Charlie Walker; expressed concerns relating to civil rights. Ace Washington; expressed concerns relating to racism. Female Speaker; expressed concerns relating to recent shootings and racial justice. Rodger Scott; expressed concerns relating to recent shootings and racial justice. Danny Garcia; expressed concerns relating to recent shootings and racial justice. Lerry Felson; expressed concerns relating to recent shootings and racial justice. DeBray Carpenter; expressed concerns relating to racial harassment. Male Speaker; expressed concerns relating to racism. Angelina Nickoletto; expressed concerns relating to recent shootings and racial justice. Rita Okoyama; expressed concerns relating to civil rights. Male Speaker; expressed various concerns. Jake Harris; expressed concerns relating to recent shootings and racial justice. Male Speaker; expressed various concerns relating to poverty. Male Speaker; expressed concerns relating to terrorism. Bruce Newberger; expressed concerns relating to recent shootings and racial justice. Tom Gilberty; expressed concerns relating to garages and ventilation. James Chaffee; expressed concerns relating to the SF Public Library and democracy. George Tsang; expressed various concerns relating to the Planning Department. Male Speaker; expressed various religious concerns. Joylene Richards; expressed concerns relating to recent shootings and racial justice. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 110893 [KALW Day - September 8, 2011] Sponsor: Mar Resolution honoring KALW and proclaiming September 8, 2011, as "KALW Day" in the City and County of San Francisco. Resolution No. 359-11 ADOPTED 110922 [Lost Landmark Plaques for Uptown Tenderloin Historic District] Sponsor: Kim Resolution authorizing the placement of sidewalk plaques in front of nine locations in the Tenderloin neighborhood in accordance with Public Works Code Sections 789 et seq., the Commemorative Street Plaque Ordinance. Resolution No. 360-11 ADOPTED City and County of San Francisco Page 742 Printed at 4:19 pm on 10/26/11 ### [Page 14](https://sfbos.info/documents/2107/2011-09-06-minutes#page-14) Board of Supervisors Meeting Minutes 9/6/2011 110923 [Accept and Expend Grant - National Night Out - $3,000] Sponsor: Mayor Resolution authorizing the San Francisco Police Department to retroactively accept and expend a grant from the Target Corporation in the amount of $3,000 to purchase supplies and handouts for National Night Out community events on August 2, 2011. Resolution No. 361-11 ADOPTED 110925 [Approval of a 30 Day Extension for Planning Commission Review] Sponsor: Mirkarimi Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would amend Sections 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 of the Planning Code to: 1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; 2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; 3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; 4) conditionally permit Large Self- Service Restaurants in the Inner Sunset Neighborhood Commercial District; 5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; 6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; and 7) making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Resolution No. 362-11 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Severed from the For Adoption Without Committee Reference Agenda Supervisor Mirkarimi requested that File No. 110894 be severed so that it may be considered separately. 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 Kim requested to be added as a co-sponsor. Supervisor Mirkarimi, seconded by Supervisor Kim, moved that this Resolution be REFERRED to the Public Safety Committee. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 743 Printed at 4:19 pm on 10/26/11 ### [Page 15](https://sfbos.info/documents/2107/2011-09-06-minutes#page-15) Board of Supervisors Meeting Minutes 9/6/2011 IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Chu, seconded by Supervisor Mirkarimi, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Chu, seconded by Supervisor Mirkarimi, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110964 [Ortega Branch Library Grand Opening - September 10, 2011] Sponsor: Chu Resolution recognizing the grand opening of the new Ortega Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110964. There were no speakers. The President declared public comment closed. Resolution No. 363-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Chu, seconded by Supervisor Elsbernd, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Chu, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 744 Printed at 4:19 pm on 10/26/11 ### [Page 16](https://sfbos.info/documents/2107/2011-09-06-minutes#page-16) Board of Supervisors Meeting Minutes 9/6/2011 110965 [Commending the Friends of West Sunset Playground, Neighborhood Parks Council, Rec Connect, and the Recreation and Park and Public Works Departments on the Completion of the West Sunset Playground Rebuild Project] Sponsor: Chu Resolution commending the Friends of West Sunset Playground, Neighborhood Parks Council, Rec Connect, and the Recreation and Park and Public Works Departments on the completion of the West Sunset Playground rebuild project. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110965. There were no speakers. The President declared public comment closed. Resolution No. 364-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 110966 [Park Code - Long Term Management Agreement with the National Park Service for Sharp Park] Sponsor: Avalos Ordinance amending the San Francisco Park Code Section 3.20 to: 1) require the Recreation and Park Department to develop a plan; 2) schedule and budget for developing a long term management agreement with the National Park Service for certain property under the jurisdiction of the Recreation and Park Commission located in San Mateo County that is within the Golden Gate National Recreation Area’s legislative boundary (Sharp Park); and 3) make environmental and other findings. (Fiscal Impact) 09/06/11; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 10/6/2011. 110967 [Police Code - Regulating Public Nudity in Restaurants and Public Seating Areas] Sponsor: Wiener Ordinance amending the San Francisco Police Code Section 1071.1 to: 1) prohibit public nudity in restaurants; and 2) prohibit sitting on public benches or public seating areas without clothing or some other separate material between the person's genitals, buttocks, or anal region and the seating surface. 09/06/11; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 10/6/2011. City and County of San Francisco Page 745 Printed at 4:19 pm on 10/26/11 ### [Page 17](https://sfbos.info/documents/2107/2011-09-06-minutes#page-17) Board of Supervisors Meeting Minutes 9/6/2011 Resolutions 110957 [Accept and Expend Grant - Airport Canine Explosives Detection Team Program - $600,500] Sponsor: Chu Resolution authorizing the Airport Commission to accept and expend funding in the amount of $600,500 from the Transportation Security Administration for the Airport Canine (K-9) Explosives Detection Team Program. 09/06/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110968 [Changing the Street Name of a Portion of La Playa to Great Highway] Sponsor: Chu Resolution authorizing a street name change on a portion of La Playa Street between Lawton Street and Kirkham Street to “Great Highway” to correct a discrepancy in dual street names and eliminate confusion in delivering public services. 09/06/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110969 [Agreement - Owners' Association - Administration/Management of Civic Center Community Benefit District] Sponsor: Kim Resolution approving an agreement with the nonprofit Owners' Association for administration/management of the property-based Community Benefit District known as the “Civic Center Community Benefit District,” pursuant to Section 36651 of the California Streets and Highways Code. 09/06/11; RECEIVED AND ASSIGNED to Rules Committee. 110970 [Annual Reports - Central Market Community Benefit District] Sponsor: Kim Resolution regarding Central Market Community Benefit District annual reports to the City by receiving and approving the District's Annual Reports for calendar years 2007, 2008, 2009, and 2010, as submitted, pursuant to Section 36650 of the Business Property and Community Benefit Act of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's management contract with the City. 09/06/11; RECEIVED AND ASSIGNED to Rules Committee. 110971 [Assessment Ballots for City Parcels to Form the Proposed West Portal Community Benefit District] Sponsor: Elsbernd Resolution authorizing the Mayor to cast ballots in the affirmative on behalf of the City and County of San Francisco as owner of two parcels of real property, over which the Board of Supervisors has jurisdiction, where those parcels would be subject to assessment in the proposed property and business improvement district to be named the West Portal Community Benefit District. 09/06/11; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 746 Printed at 4:19 pm on 10/26/11 ### [Page 18](https://sfbos.info/documents/2107/2011-09-06-minutes#page-18) Board of Supervisors Meeting Minutes 9/6/2011 110972 [Contract - San Francisco Community Health Authority - Provider Payment Services for the Healthy San Francisco Program] Sponsor: Mayor Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to retroactively contract with the San Francisco Community Health Authority for provider payment services for the Healthy San Francisco Program for the term of July 1, 2011, through June 30, 2012. (Fiscal Impact) 09/06/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110973 [Commendation of the Stern Grove Festival Association] Sponsors: Elsbernd; Chiu and Chu Resolution commending the Stern Grove Festival Association for a successful season of high quality performances. 09/06/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110974 [Multifamily Housing Revenue Bonds - 1180 Fourth Street Family Housing - Not to Exceed $50,000,000] Sponsor: Kim Resolution declaring the intent of the City and County of San Francisco (City) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Housing Development Director of the Mayor’s Office of Housing (Director) to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $50,000,000 for 1180 Fourth Street Family Housing; 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; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $50,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). 09/06/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 747 Printed at 4:19 pm on 10/26/11 ### [Page 19](https://sfbos.info/documents/2107/2011-09-06-minutes#page-19) Board of Supervisors Meeting Minutes 9/6/2011 110975 [Multifamily Housing Revenue Bonds - Natoma Family Apartments - Not to Exceed $20,000,000] Sponsor: Kim Resolution declaring the intent of the City and County of San Francisco (City) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Housing Development Director of the Mayor’s Office of Housing (Director) to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $20,000,000 for Natoma Family Apartments; 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; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $20,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). 09/06/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 110976 [Hearing - Youth Violence Prevention Initiative: Local Action Plan Report] Sponsor: Mirkarimi Hearing on the "Youth Violence Prevention Initiative: Local Action Plan" Report by the Department of Children, Youth, and Their Families. Introduced by the President at the Request of a Department PROPOSED ORDINANCES 110139 [Settlement of Lawsuit - Loren Miller Homes - $317,500] Ordinance authorizing settlement of the lawsuit filed by Loren Miller Homes, a California corporation, against the City and County of San Francisco for $317,500; the lawsuit was filed on July 22, 2010, in San Francisco Superior Court, Case No. CGC-10-501831; entitled Loren Miller Homes v. City and County of San Francisco, et al. (City Attorney) 07/25/11; RECEIVED AND ASSIGNED to Rules Committee. 110903 [Administrative Code - Nonprofit Annual Economic Statement] Ordinance amending the San Francisco Administrative Code Section 10.1 to allow Nonprofits receiving City funding to provide and update information directly to City Departments as an alternative to filing annual income statements with the City Administrator. (City Administrator) 08/11/11; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 10/6/2011. City and County of San Francisco Page 748 Printed at 4:19 pm on 10/26/11 ### [Page 20](https://sfbos.info/documents/2107/2011-09-06-minutes#page-20) Board of Supervisors Meeting Minutes 9/6/2011 110904 [Administrative Code - References to the Bureaus of Architecture, Engineering, and Construction Management] Ordinance amending the San Francisco Administrative Code Section 2A.190 to deem each reference to the "Bureau of Architecture," "Bureau of Engineering," and "Bureau of Construction Management" in the San Francisco Municipal Code to be a reference to the "Department of Public Works." (Public Works Department) 08/12/11; ASSIGNED to Rules Committee. 110954 [Settlement of Lawsuit - Julio Calero - $75,000] Ordinance authorizing settlement of the lawsuits filed by Julio Calero against the City and County of San Francisco for $75,000; the lawsuits were filed on September 18, 2009, and March 19, 2010, in San Francisco Superior Court, Case Nos. CGC-08-479969 and CGC-10-497921; entitled Julio Calero, et al. v. City and County of San Francisco, et al. and Julio Calero, et al. v. Colin Construction Company, et al. (City Attorney) 08/19/11; RECEIVED AND ASSIGNED to Rules Committee. 110955 [Settlement of Lawsuits - Mitchell Engineering; Authorization of Bonds and Appropriation of Funds - Not to Exceed $15,750,000] Ordinance: 1) authorizing settlement of all claims arising out of nine lawsuits involving Mitchell Engineering and the City and County of San Francisco; 2) declaring the intent of the San Francisco Public Utilities Commission to reimburse certain expenditures for settlement costs from proceeds of future bonded indebtedness for purposes of complying with Section 147(f) of the Internal Revenue Code of 1986, as amended; 3) authorizing the issuance of Settlement Bonds in connection therewith, as well as the associated financing cost to issue; 4) appropriating $15,750,000, including insurance proceeds in the total amount of $750,000, project construction funds in the total amount of $920,207, and proceeds of Settlement Bonds in the amount of $14,079,793; and 5) authorizing the use of substitute fund balance as a source in lieu of Settlement Bonds if available. (City Attorney) 08/26/11; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 110933 [Contract Amendment - Western States Oil - Not to Exceed $78,300,000] Resolution approving the Fifth Amendment to the Agreement between the City and Western States Oil increasing the total not-to-exceed amount of the contract from $50,500,000 to $75,580,000 pursuant to Charter Section 9.118(b). (Office of Contract Administration) (Fiscal Impact) 08/22/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110956 [Settlement of Claim - Ernst & Young, LLP - $158,646.36] Resolution approving the settlement of the unlitigated claim filed by Ernst & Young, LLP, against the City and County of San Francisco for refund of payroll taxes for the 2009 tax year in the amount of $158,646.36; claim was filed on February 25, 2011. (City Attorney) 08/19/11; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 749 Printed at 4:19 pm on 10/26/11 ### [Page 21](https://sfbos.info/documents/2107/2011-09-06-minutes#page-21) Board of Supervisors Meeting Minutes 9/6/2011 Requests Granted From: Supervisor Chiu To: City Attorney Requesting/Inquiring the City Attorney to draft legislation to require the creation of a searchable, user-friendly online database of all uses of public funds by the City and County of San Francisco. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Poles Northeast corner Market and Octavia Southwest corner Haight and Buchanan In front of 136 Haight In front of 1647 Haight Southwest corner Haight and Scott Southwest corner Buchanan and Haight In front of 1230 Hayes Northwest corner Buchanan and Hayes In front of 770 Grove In front of 552 Octavia Northwest corner Octavia and Grove Near 310 Ivy In front of 550 Fell In front of 488 Fell Northwest corner Fell and Gough Southeast corner Octavia and Lily In front of 200 Page In front of 120 Page In front of 332 Haight Wood Poles Southwest corner Webster and Page In front of 709 Fillmore Near 730 Fillmore In front of 315 Buchanan Southwest corner Scott and Page Southwest corner Octavia and Page From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring Requesting the Department of Public Works to report on the status of removing graffiti from the following private property locations: 616 Divisadero 780 Oak 299 Steiner 1335 Hayes Near 1211 Hayes 600 Octavia 428 Grove, on the East side 451 Hayes, on the West side City and County of San Francisco Page 750 Printed at 4:19 pm on 10/26/11 ### [Page 22](https://sfbos.info/documents/2107/2011-09-06-minutes#page-22) Board of Supervisors Meeting Minutes 9/6/2011 406 Hayes 350 Laguna 285 Divisadero 1067 Oak, on the West side 540 Haight 587 Haight 478 Haight 799 Haight, on the Scott street side 500 Duboce, also on the Fillmore side 712 Haight 902 Divisadero 1300 Haight 295 Buchanan 1368 Haight 160 Pierce 1368 Haight 1558 Haight 600 Page, on Page and Fillmore Street 590 Baker 602 Broderick 1355 Fulton 55 Laguna, on Haight and Buchanan side From Supervisor Mirkarimi To Director, Department of Public Works Requesting/Inquiring Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irvine and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly City and County of San Francisco Page 751 Printed at 4:19 pm on 10/26/11 ### [Page 23](https://sfbos.info/documents/2107/2011-09-06-minutes#page-23) Board of Supervisors Meeting Minutes 9/6/2011 Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore From Supervisor Mirkarimi To Director, Department of Public Works Requesting/Inquiring Requesting the Department of Public Works to report on the status of removing graffiti from the following locations Garbage Cans Southeast corner Waller and Fillmore Southeast corner Page and Fillmore Northwest corner Gough and Fell Near 10 Haight Southwest corner McAllister and Baker Northeast corner Hayes and Fillmore Southeast corner Page and Fillmore Southeast corner Octavia and Hayes Northeast corner Page and Fillmore Southwest corner Geary and Steiner Mailboxes Northeast corner Buchanan and Fell Northeast corner Haight and Buchanan Northeast corner Scott and Haight Near 1 Haight Southwest corner Laguna and Hayes Northeast corner Fell and Haight From Supervisor Mirkarimi To Director, Department of Public Works Requesting/Inquiring Requesting the Department of Public Works to report on the status of removing graffiti from the public property located at the following locations Utility Boxes Southeast corner Buchanan and Fell Near 1130 Oak Near 399 Ivy Southwest corner Gough and Page Northwest corner Divisadero and Oak Northwest corner Webster and Grove Southwest corner Steiner and Haight Southeast corner Oak and Fillmore Northwest corner Fillmore and Hermann Bus Shelters Southwest corner Pierce and Hayes Southwest corner Buchanan and Haight Southeast corner Divisadero and Haight Northeast corner Divisadero and McAllister Northeast and Southwest corner Hayes and Fillmore Southwest corner Haight and Pierce Northwest corner McAllister and Fillmore In front of 500 Fillmore Southwest corner Oak and Fillmore Fillmore and Haight (all 4 bus stops have graffiti and grime on the canopies) Fire Hydrants City and County of San Francisco Page 752 Printed at 4:19 pm on 10/26/11 ### [Page 24](https://sfbos.info/documents/2107/2011-09-06-minutes#page-24) Board of Supervisors Meeting Minutes 9/6/2011 Northwest corner Oak and Divisadero Northwest corner Octavia and Fell Southeast corner Scott and Oak Emergency Boxes Southeast corner Medical enter Way and Parnassus Northwest corner Pierce and Hayes From Supervisor Mirkarimi To Director, Department of Public Works Requesting/Inquiring Requesting the Department of Public Works to report on the status of repairing potholes at the following locations. Potholes, Lights and Sidewalk Issues Western crosswalk at Grattan and Shrader In Memoriams John McEllistrim – Supervisor Carmen Chu Nelda Jarvis – Supervisor Malia Cohen Debra Manoguerra – Supervisor Mark E. Farrell William Schoepp – Supervisor Eric Mar Mary Tissier – Supervisor Sean R. Elsbernd Donald Casper – Full Board Eric Quezada – Full Board ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:55 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on October 18, 2011. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 753 Printed at 4:19 pm on 10/26/11