Board of Supervisors Minutes: September 13, 2011

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) Ordinance No. 177-11 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

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. Privilege of the floor was granted to Micki Callahan, Human Resources Director, who responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Elsbernd, 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

Noes: None

Ordinance amending the San Francisco Administrative Code Section 18.13.1 to limit the overtime worked in any fiscal year by any employee to 25% of regularly scheduled hours and to specify and modify written reports to be submitted regarding overtime information. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos

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. Ordinance No. 176-11 FINALLY PASSED by the following vote:

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

Noes: None

110496 [License Agreement - Non-Stop Music Library, L.C.] Ordinance retroactively approving an agreement with Non-Stop Music Library, L.C., to license the use of a music library and waiving certain requirements of the Administrative Code with respect to the license agreement. (Department of Technology) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110781 [Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2011-2012] Sponsor: Mayor Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate of residential tenants pursuant to Chapter 37 of the Administrative Code for FY ending June 30, 2012. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110782 [Setting San Francisco Community College District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2011-2012] Sponsor: Mayor Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for FY ending June 30, 2012. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110783 [Setting San Francisco Unified School District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2011-2012] Sponsor: Mayor Ordinance providing revenue and levying property taxes for San Francisco Unified School District purposes for FY ending June 30, 2012. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110784 [Setting San Francisco Bay Area Rapid Transit District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2011-2012] Sponsor: Mayor Ordinance providing revenue and levying property taxes for San Francisco Bay Area Rapid Transit District purposes for FY ending June 30, 2012. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110902 [Public Employment - Amendment to the Annual Salary Ordinance for Adult Probation, District Attorney, and Public Defender - FY2011-2012] Sponsors: Mayor; Mirkarimi Ordinance amending Ordinance No. 146-11 (Annual Salary Ordinance FY2011-2012) to reflect the addition of 31 positions (20.59 FTE) in various job classes for Assembly Bill 109 Public Safety Realignment consisting of adding 27 positions (17.76 FTE) in Adult Probation, 2 positions (1.50 FTE) in Public Defender, and 2 positions (1.33 FTE) in District Attorney. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110907 [Appropriating State Assembly Bill 109 Realignment Fund to Support Expenditures at the Adult Probation and Other Departments for FY2011-2012 - $5,787,176] Sponsors: Mayor; Mirkarimi Ordinance appropriating $5,787,176 of Assembly Bill 109 Public Safety Realignment revenue to support related expenditures at Adult Probation, District Attorney, Public Defender, and Sheriff for FY2011-2012. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110581 [Contract Amendment - In-Home Supportive Services Provider Benefits and Administration - $419,187,910] Resolution amending Resolution No. 291-06 File No. 060333 that approved the contract between the City and County of San Francisco and San Francisco In-Home Supportive Services (IHSS) Public Authority for the provision of administration, health and dental benefits to IHSS independent providers for the period of July 1, 2006, to June 30, 2016, in the amended amount of $419,187,910. (Human Services Department) (Fiscal Impact.) Resolution No. 376-11 ADOPTED by the following vote:

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

Noes: None

110680 [Master Lease Amendment - U.S. Navy - Treasure Island South Waterfront] Resolution approving the Twenty-Seventh Amendment to the Treasure Island South Waterfront Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 370-11 ADOPTED by the following vote:

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

Noes: None

110681 [Master Lease Amendment - U.S. Navy -Treasure Island Childcare] Resolution approving the Seventh Amendment to the Treasure Island Childcare Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 371-11 ADOPTED by the following vote:

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

Noes: None

110682 [Cooperative Agreement Modification - U.S. Navy - Treasure Island] Resolution approving and authorizing the Treasure Island Development Authority to enter into a modification of the Cooperative Agreement with the U.S. Navy to extend the Cooperative Agreement from October 1, 2011, to September 30, 2012. (Treasure Island Development Authority) Resolution No. 372-11 ADOPTED by the following vote:

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

Noes: None

110683 [Master Lease Amendment - U.S. Navy - Treasure Island Event Venues] Resolution approving the Twenty Third Amendment to the Treasure Island Event Venues Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 373-11 ADOPTED by the following vote:

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

Noes: None

110684 [Master Lease Amendment - U.S. Navy - Treasure Island Land and Structures] Resolution approving the Thirty-Fifth Amendment to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 374-11 ADOPTED by the following vote:

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

Noes: None

110685 [Master Lease Amendment - U.S. Navy - Treasure Island Marina] Resolution approving the Fifteenth Amendment to the Treasure Island Marina Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority) Resolution No. 375-11 ADOPTED by the following vote:

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

Noes: None

110920 [2011 Public Safety Realignment Plan] Sponsor: Mayor Resolution approving the City and County of San Francisco 2011 Public Safety Realignment Plan. Resolution No. 369-11 ADOPTED by the following vote:

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

Noes: None

to exceed $110,000,000 aggregate principal amount of Refunding Certificates of Participation for the purpose of refinancing certain lease revenue refunding bonds issued by the Redevelopment Agency; approving a property lease, project lease, escrow agreements, and a trust agreement; providing for the manner of sale of Refunding Certificates of Participation, whether by competitive or negotiated sale; approving the form of the official notice of sale and the notice of intention to sell for the Refunding Certificates of Participation; directing the publication of the notice of intention to sell for the Refunding Certificates of Participation; approving the form of the Certificate Purchase Contract; approving the form of the official statement in preliminary and final form; approving the form of the continuing disclosure certificate; authorizing the acceptance by the City of certain property in connection with the execution and delivery of the Refunding Certificates of Participation; authorizing the payment of cost of issuance; authorizing the taking of appropriate actions in connection therewith; and related matters. (Fiscal Impact) Resolution No. 368-11 ADOPTED by the following vote:

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

Noes: None

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. Resolution No. 365-11 ADOPTED by the following vote:

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

Noes: None

110847 [Memorandum of Understanding, Amendment No. 5 - San Francisco Firefighters, Local 798 (Unit 2)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 5 to the 2007-2013 Memorandum of Understanding (MOU) between the City and County of San Francisco and the San Francisco Firefighters, Local 798 (Unit 2), by extending the term of the MOU to June 30, 2015, and by implementing specified terms and conditions of employment for FYs 2011-2012, 2012-2013, 2013-2014, and 2014-2015. PASSED ON FIRST READING by the following vote:

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

Noes: None

110849 [Memorandum of Understanding, Amendment No. 4 - San Francisco Police Officers’ Association (Units P-1 & P-2A)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 4 to the 2007-2013 Memorandum of Understanding (MOU) between the City and County of San Francisco and the San Francisco Police Officers’ Association (Units P-1 & P-2A), by extending the term of the MOU to June 30, 2015, and by implementing specified terms and conditions of employment for FYs 2011-2012, 2012-2013, 2013-2014, and 2014-2015. PASSED ON FIRST READING by the following vote:

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

Noes: None

110850 [Memorandum of Understanding, Amendment No. 4 - Municipal Executives’ Association, Fire] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 4 to the 2007-2013 Memorandum of Understanding (MOU) between the City and County of San Francisco and the Municipal Executives' Association, Fire, by extending the term of the MOU to June 30, 2015, and by implementing specified terms and conditions of employment for FYs 2011-2012, 2012-2013, 2013-2014, and 2014-2015. PASSED ON FIRST READING by the following vote:

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

Noes: None

110851 [Memorandum of Understanding, Amendment No. 4 - San Francisco Police Officers’ Association (Unit P-2B)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 4 to the 2007-2013 Memorandum of Understanding (MOU) between the City and County of San Francisco and the San Francisco Police Officers’ Association (Unit P-2B), by extending the term of the MOU to June 30, 2015, and by implementing specified terms and conditions of employment for FYs 2011-2012, 2012-2013, 2013-2014, and 2014-2015. PASSED ON FIRST READING by the following vote:

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

Noes: None

110852 [Memorandum of Understanding, Amendment No. 4 - Municipal Executives’ Association, Police] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 4 to the 2007-2013 Memorandum of Understanding (MOU) between the City and County of San Francisco and the Municipal Executives' Association, Police, by extending the term of the MOU to June 30, 2015, and by implementing specified terms and conditions of employment for FYs 2011-2012, 2012-2013, 2013-2014 and 2014-2015. PASSED ON FIRST READING by the following vote:

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

Noes: None

Supervisor Chu Excused from Voting Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that Supervisor Chu be excused from voting on File No. 110848. The motion carried by the following vote:

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

Noes: None

Excused: Chu

110848 [Memorandum of Understanding, Amendment No. 5 - San Francisco Firefighters, Local 798 (Unit 1)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 5 to the 2007-2013 Memorandum of Understanding (MOU) between the City and County of San Francisco and the San Francisco Firefighters, Local 798 (Unit 1), by extending the term of the MOU to June 30, 2015, and by implementing specified terms and conditions of employment for FYs 2011-2012, 2012-2013, 2013-2014, and 2014-2015. (Supervisor Chu excused from voting.) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Chu

y Benefit District] Sponsor: Mirkarimi Hearing of persons interested in or objecting to proposed Resolution establishing a property-based Community Benefit District to be known as the “Fillmore Community Benefit District (CBD),” by renewing and expanding the previously established Fillmore Jazz CBD; ordering the levy and collection of assessments against property located in the Fillmore Community Benefit District for seven years, commencing with FY2011-2012, subject to conditions as specified; and making environmental findings. The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the sponsor. Susan King; Todd Clear; spoke in support of the district. Ace Washington; Francisco Da Costa; Reverend Townsend; expressed various concerns relating to the district. Madison Scott; Daniel Landry; Male Speaker; spoke in support of the proposed continuance. Walter Paulson; shared in song certain concerns relating to the district. There were no other speakers. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to October 18, 2011, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

110739 [Resolution to Establish (Renew and Expand) and Rename Fillmore Jazz Community Benefit District as the Fillmore Community Benefit District] Sponsor: Mirkarimi Resolution establishing a property-based Community Benefit District to be known as the “Fillmore Community Benefit District (CBD),” by renewing and expanding the previously established Fillmore Jazz CBD; ordering the levy and collection of assessments against property located in the Fillmore Community Benefit District for seven years, commencing with FY2011-2012, subject to conditions as specified; and making environmental findings. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to October 18, 2011, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

, by its Motion No. 18405, under Planning Code Sections 303 and 249.55 to convert a vacant tourist hotel (dba Edward II Inn) to a group housing use containing up to 25 units (24 units for transitional age youth between 18 and 24, and one manager’s unit) within the NC-3 (Moderate Scale, Neighborhood Commercial) District, the Lombard and Scott Street Affordable Group Housing Special Use District (SUD) and a 40-X Height and Bulk District, on property located at 3151-3155 Scott Street, Assessor’s Block No. 0937, Lot No. 001. (District 2) (Appellant: Adam Polakoff on behalf of Cow Hollow Association, joined by Various Associations.) (Filed August 15, 2011; Companion Measure to File Nos. 110936, 110937, and 110938.) 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. Male Speaker; Peter Alexander; Doug Malar; Francisco Da Costa; expressed various concerns relating to the project. There were no other speakers. Supervisor Chiu, seconded by Supervisor Elsbernd, 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

Noes: None

110936 [Approving the Planning Commission's Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion approving the Planning Commission's decision, by its Motion No. 18405, approving the Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Elsbernd, 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

Noes: None

110937 [Disapproving Planning Commission’s Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion disapproving the Planning Commission’s decision, by its Motion No. 18405, approving Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Elsbernd, 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

Noes: None

110938 [Preparation of Findings Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Elsbernd, 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

Noes: None

it 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). Resolution No. 367-11 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None