# Board of Supervisors Minutes: September 27, 2011 - Meeting date: 2011-09-27 - Document type: minutes - Source format: PDF - Extracted pages: 30 - [Canonical HTML transcript](https://sfbos.info/documents/2113/2011-09-27-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m092711.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110766: Administrative Code - Overtime Appropriations - Pages: 2-3 - Sponsors: Campos; Farrell ### File 110785: Planning Code - Zoning - Establishing Standards for Bird-Safe Buildings - Pages: 3 - Sponsors: Mar; Chiu ### File 110786: Planning Code - Eastern Neighborhoods Code Cleanup - Pages: 3 ### File 110787: Administrative Code - Eastern Neighborhoods Code Cleanup - Pages: 3 ### File 110788: Zoning Map Amendments - Eastern Neighborhoods Code Cleanup - Pages: 3-4 ### File 110568: Street Artist Spaces - Post Street, Northwest Corner, at Stockton Street - Pages: 4 ### File 110909: Accept and Expend Grant - FY2007 Supplemental Port Security Grant Program - Marine-Based Equipment Enhancements - $230,000 - Pages: 4 - Sponsors: Chiu ### File 110910: Accept and Expend Grant - FY2008 Port Security Grant Program - Type 2 Fire Boat - $7,870,484 - Pages: 4 - Sponsors: Chiu ### File 110911: Accept and Expend Grant - FY2010 Port Security Grant Program - Rapid Response Vessel and Regional Marine Training - $645,125 - Pages: 4-5 - Sponsors: Chiu ### File 110912: Accept and Expend Grant - FEMA Assistance to Fire Fighters - Heavy-Duty Washer Extractors - $107,296 - Pages: 5 - Sponsors: Chiu ### File 110918: Revolving Fund Agreement - Burial or Emergency Relocation of Crime Victims - $75,000 - Pages: 5 - Sponsors: Mirkarimi ### File 110919: Accept and Expend Grant - Compensation for Crime Victims - Up to $714,138 - Pages: 5 - Sponsors: Mirkarimi ### File 110139: Settlement of Lawsuit - Loren Miller Homes - $317,500 - Pages: 5 ### File 110692: Settlement of Lawsuit - West Bay Builders, Inc. - City to Retain $900,000 - Pages: 5-6 ### File 110954: Settlement of Lawsuit - Julio Calero - $75,000 - Pages: 6 ### File 110956: Settlement of Claim - Ernst & Young, LLP - $158,646.36 - Pages: 6 ### File 110970: Annual Reports - Central Market Community Benefit District - Pages: 6 - Sponsors: Kim ### File 110877: Appointments, Bicycle Advisory Committee - Richard Tilles, Bert Hill, Rachel Ebora, and Casey Allen - Pages: 6-7 ### File 110963: Appointments, Reentry Council - Gerald Miller, Kimberli Courtney, Viet Mike Ngo, and Ronnie Muniz - Pages: 7 ### File 110992: Appointment, Veteran Affairs Commission - Deborah Dacumos - Pages: 7-8 - Vote 1: approval, likely final - Action: 110992 [Appointment, Veteran Affairs Commission - Deborah Dacumos] Motion appointing Deborah Dacumos, term ending January 31, 2014, to the Veteran Affairs Commission. (Clerk of the Board) Deborah Dacumos, seat 5, succeeding Jill Buck, term expired, must be a woman veteran, for the unexpired portion of a four-year term ending January 31, 2014. Motion No. M11-142 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110720: Administrative Code - Gift Funds - Pages: 8 - Sponsors: Mayor; Chiu and Chu - Vote 1: amendment - Action: 110720 [Administrative Code - Gift Funds] Sponsors: Mayor; Chiu and Chu Ordinance amending the San Francisco Administrative Code to: 1) create a Recreation and Parks Gift Fund; 2) update the Mayor’s Earthquake Emergency Relief Fund to broaden its purpose as a general disaster recovery fund; and 3) amend the Mayor’s Fund for the homeless to change the administering agency. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED on Page 1, Line 12, replacing 'XXX' with '257'; and Line 14, by replacing 'XXX' with '257'. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: first-reading - Action: Ordinance amending the San Francisco Administrative Code Sections 10.100-100 and 10.100-106, and adding Section 10.100-257 to: 1) create a Recreation and Parks Gift Fund; 2) update the Mayor’s Earthquake Emergency Relief Fund to broaden its purpose as a general disaster recovery fund; and 3) amend the Mayor’s Fund for the homeless to change the administering agency. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111004: Jurisdictional Transfer of City Property - 17th Street and Folsom Street - Pages: 8-9 - Sponsors: Kim; Avalos, Mirkarimi, Campos and Wiener - Vote 1: adoption, likely final - Action: 111004 [Jurisdictional Transfer of City Property - 17th Street and Folsom Street] Sponsors: Kim; Avalos, Mirkarimi, Campos and Wiener Resolution 1) approving the jurisdictional transfer of portions of Assessor's Block No. 3571, Lot No. 018, of the City and County of San Francisco, all currently under the jurisdiction of the San Francisco Public Utilities Commission, partially to the Mayor’s Office of Housing as to 29,075 square feet, and partially to the Recreation and Park Department as to 31,578 square feet; 2) approving the transfer price of $4,000,000 from the Mayor’s Office of Housing to San Francisco Public Utilities Commission and of $2,271,850 from the Recreation and Park Department to San Francisco Public Utilities Commission; 3) adopting findings, including environmental findings, General Plan findings, and Planning Code Section 101.1 findings; and (4) authorizing other actions in furtherance of this Resolution. Supervisors Avalos, Mirkarimi, Campos, and Wiener requested to be added as co-sponsors. Resolution No. 395-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110448: Planning Code - Zoning Map - Establishing City Center Special Sign District - Pages: 9 - Sponsors: Farrell - Vote 1: final-passage, likely final - Action: 110448 [Planning Code - Zoning Map - Establishing City Center Special Sign District] Sponsor: Farrell Ordinance amending the San Francisco Planning Code Sections 602.10, 607.1, 608, adding Section 608.16, and amending Sectional Map SSD of the Zoning Map to establish the City Center Special Sign District encompassing the real property bounded by Masonic Avenue, Geary Boulevard, Lyon Street, and O'Farrell Street (Assessor's Block No. 1094, Lot No. 001) to allow additional projecting signs, freestanding identifying and directional signs, and to modify existing controls on business wall signs; adopting findings, including environmental findings pursuant to the California Environmental Quality Act, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Ordinance No. 195-11 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110900: Administrative Code - Film Fees and Rebate Program - Pages: 9-10 - Sponsors: Farrell - Vote 1: first-reading - Action: 110900 [Administrative Code - Film Fees and Rebate Program] Sponsor: Farrell Ordinance amending the San Francisco Administrative Code Sections 57.5 and 57.8 to: 1) decrease filming fees for smaller-budget productions; 2) include documentary films, docudrama films, and "reality" programming among eligible productions for the Film Rebate Program; 3) exempt productions by nonprofit entities, public service announcements, and qualifying student productions from film fees; and 4) make environmental findings. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110854: Environment Code - Green Building Requirements for City Buildings - Pages: 10 - Sponsors: Mayor; Mar - Vote 1: amendment - Action: 110854 [Environment Code - Green Building Requirements for City Buildings] Sponsors: Mayor; Mar Ordinance amending the San Francisco Environment Code, Chapter 7, Sections 700 through 713, to update the green building requirements for the design, construction, and operation of City buildings. Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED on Page 16, Line 23, by replacing 'September' with 'November'. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: first-reading - Action: Ordinance amending the San Francisco Environment Code, Chapter 7, Sections 700 through 713 to update the green building requirements for the design, construction, and operation of City buildings. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110846: Administrative Code - Postrelease Community Supervision Program - Pages: 10 - Sponsors: Mirkarimi; Cohen - Vote 1: first-reading - Action: 110846 [Administrative Code - Postrelease Community Supervision Program] Sponsors: Mirkarimi; Cohen Ordinance amending the San Francisco Administrative Code by adding Article XXII, Sections 2A.300 and 2A.301, Chapter 2A to: 1) designate the Adult Probation Department as the county agency responsible for providing postrelease community supervision to eligible inmates released from state prison, as required under California Penal Code section 3451; and 2) authorize the Adult Probation Department to develop a Home Detention and Electronic Monitoring Program that can be used as a supervision tool and sanction for persons who violate conditions of their Postrelease Community Supervision Program. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110901: Police Code - Safe Storage and Enhanced-Lethality Ammunition Findings - Pages: 10-11 - Sponsors: Mirkarimi; Campos, Cohen and Chiu - Vote 1: first-reading - Action: 110901 [Police Code - Safe Storage and Enhanced-Lethality Ammunition Findings] Sponsors: Mirkarimi; Campos, Cohen and Chiu Ordinance amending the San Francisco Police Code by adding Sections 4511 and 613.9.5 to add findings to ordinances: 1) requiring a handgun to be kept in a locked container or disabled with a trigger lock; and 2) prohibiting the sale of enhanced-lethality ammunition. Supervisor Chiu requested to be added as a co-sponsor. Privilege of the floor was granted to Sherri Kaiser (City Attorney's Office) who provided an overivew and responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110955: Settlement of Lawsuits - Mitchell Engineering; Authorization of Bonds and Appropriation of Funds - Not to Exceed $15,750,000 - Pages: 11 - Vote 1: first-reading - Action: 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) PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111007: Public Hearing - Resolution to Establish the West Portal Community Benefit District - Pages: 11-12 - Sponsors: Elsbernd ### File 111008: Resolution to Establish the West Portal Community Benefit District - Pages: 12 - Sponsors: Elsbernd - Vote 1: amendment - Action: 111008 [Resolution to Establish the West Portal Community Benefit District] Sponsor: Elsbernd Resolution establishing a property-based business improvement district to be known as the “West Portal Community Benefit District,” ordering the levy and collection of assessments against property located in that district for 13 years commencing with FY2011-2012, with services, activities, and improvements to be provided for 13 calendar years commencing January 1, 2012, subject to conditions as specified, and making environmental findings. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: tabling - Action: Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the West Portal Community Benefit District was 48.92%, and the returned weighted ballots voting against the West Portal Community Benefit District was 51.08%, further indicating there was a majority protest. Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Resolution be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Absent: Mirkarimi ### File 110950: Conditional Use Appeal - 4141 Geary Boulevard/450 - 6th Avenue - Pages: 13 - Vote 1: continuance - Action: d as Planning Case No. 2010.0951C, by its Motion No. 18415, under Planning Code Sections 209.6(b) and 303, to install a wireless telecommunications facility consisting of nine panel antennas and related equipment on an existing mechanical penthouse on the roof of a five-story publicly used structure (Kaiser Hospital) as part of Verizon’s wireless telecommunications network within the RM-1 (Mixed, Low Density) and NC-3 (Neighborhood Commercial, Moderate Scale) Zoning Districts, and a 80-E Height and Bulk District, on property located at 4141 Geary Boulevard/450 - 6th Avenue, Assessor’s Block No. 1539, Lot No. 003. (District 1) (Filed by Sandra Fen Ng on behalf of the San Francisco Tomorrow and subscribed by Supervisors Mar, Avalos, Chiu, Kim, and Mirkarimi.) (Filed August 29, 2011; Companion Measure to File Nos. 110951, 110952, and 11953.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Hearing be CONTINUED to October 25, 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 110951: Approving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue - Pages: 13 - Vote 1: continuance - Action: 110951 [Approving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion approving decision of the Planning Commission by its Motion No. 18415, approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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 110952: Disapproving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue - Pages: 13-14 - Vote 1: continuance - Action: 110952 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18415, approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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 110953: Preparation of Findings Related to the Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue - Pages: 14 - Vote 1: continuance - Action: 110953 [Preparation of Findings Related to the Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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 111044: Closed Session - Anticipated Litigation - Public Financing Law - Pages: 15-16 - Sponsors: Kim - Vote 1: approval, likely final - Action: 111044 [Closed Session - Anticipated Litigation - Public Financing Law] Sponsor: Kim Motion that the Board of Supervisors convene in closed session on September 27, 2011, to consult with Legal Counsel for the purpose of conferring with, or receiving advice from, Legal Counsel regarding anticipated litigation involving the City's public financing law (Campaign and Governmental Conduct Code Section 1.144) in light of Arizona Free Enterprise Club's Freedom PAC et al. v. Bennett, U.S. Supreme Court Case No. 10-238. Government Code Section 54956.9(b) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the anticipated litigation. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M11-143 Supervisor Kim, seconded by Supervisor Campos, 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 - Vote 2: other - Action: VENED IN CLOSED SESSION The Board recessed at the hour of 4:20 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel John St. Croix, Director of the Ethics Commission Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and Filed. RECONVENING OF THE BOARD The Board at the hour of 5:30 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 818 Printed at 4:08 pm on 11/1/11 Board of Supervisors Meeting Minutes 9/27/2011 [Elect Not to Disclose] Motion that the Board finds that it is in the best interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Campos, moved not disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110718: Campaign and Governmental Conduct Code - Capping the Amount of Public Matching Funds - Pages: 16 - Sponsors: Farrell; Elsbernd - Vote 1: first-reading - Action: 110718 [Campaign and Governmental Conduct Code - Capping the Amount of Public Matching Funds] Sponsors: Farrell; Elsbernd Ordinance amending the San Francisco Campaign and Governmental Conduct Code Section 1.144 to cap the amount of public matching funds. Privilege of the floor was granted to Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel, and John St. Croix, Director of the Ethics Commission, who responded to questions raised throughout the discussion. NOT PASSED ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener - Noes: Avalos, Kim, Mar - Absent: Mirkarimi - Vote 2: rescission - Action: Supervisor Elsbernd, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Absent: Mirkarimi - Vote 3: first-reading - Action: Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to October 4, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Absent: Mirkarimi ### File 111035: Grant Application - 2011 United States Department of Housing and Urban Development Continuum of Care Programs - Pages: 16-17 - Sponsors: Mayor ### File 111036: Urging Governor Jerry Brown to Sign Assembly Bill 101 - Quality Family Child Care Act - Pages: 17 - Sponsors: Avalos; Mar ### File 111037: Accept and Expend Grant - Community Health Assessment and Community Health Improvement Plan Demonstration Site Project - $33,833 - Pages: 17 - Sponsors: Campos ### File 111038: Accept and Expend Grant - Cross Bay Collaborative to Combat Human Trafficking Program - $60,000 - Pages: 17 - Sponsors: Kim; Chu and Mar ### File 111039: Approval of a Six Month Extension for Planning Commission Review of Japantown Special Use District Provisions (File No. 110768) - Pages: 17-18 - Sponsors: Mirkarimi ### File 111040: Accept and Expend Grant - Central Asia Surveillance Assessment - $23,933 - Pages: 18 - Sponsors: Wiener ### File 111041: Accept and Expend Grant - Atlanta HQ University of California San Francisco Technical Assistance - $13,595 - Pages: 18 - Sponsors: Wiener ### File 111042: Urging Congress to Provide Funding for the Land and Water Conservation Fund - Pages: 18 - Sponsors: Wiener ### File 111043: Accept and Expend Grant - Atlanta HQ University of California San Francisco Technical Assistance - $27,189 - Pages: 18 - Sponsors: Wiener ### File 111026: Final Map 5625 - 333 Greenwich Street - Pages: 18-19 ### File 111027: Final Map 6395 - 2829 California Street and 1933 Divisadero Street - Pages: 19 - Vote 1: approval, likely final - Action: 111027 [Final Map 6395 - 2829 California Street and 1933 Divisadero Street] Motion approving Final Map 6395, a 13 Residential Unit and Three Commercial Unit Mixed-Use Condominium Project, located at 2829 California Street and 1933 Divisadero Street being a subdivision of Assessor's Block No. 1028, Lot Nos. 003 and 028; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M11-145 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Absent: Mirkarimi ### File 111055: Karen Bishop Day - September 27, 2011 - Pages: 19-20 - Sponsors: Mar; Kim - Vote 1: adoption, likely final - Action: 111055 [Karen Bishop Day - September 27, 2011] Sponsors: Mar; Kim Resolution declaring September 27, 2011, to be Karen Bishop Day in the City and County of San Francisco. Resolution No. 405-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Absent: Mirkarimi ### File 111047: Administrative, Planning, and Campaign and Governmental Conduct Codes - Disability Access Improvements for Small Businesses and Landlord Obligations - Pages: 20 - Sponsors: Chiu ### File 111048: Appropriating $1,000,000 of Mirant Potrero, LLC, Settlement Funds to the Department of Public Health for Neighborhood Improvement and Mitigation in FY2011-2012 - Pages: 20-21 - Sponsors: Cohen ### File 111049: Planning Code - Prohibit the Use of Customer Operated Checkout-Systems - Off-Site Alcohol Sales - Pages: 21 - Sponsors: Mar; Avalos and Chiu ### File 111050: Administrative Code - San Francisco Sentencing Commission and Recidivism Reduction Ordinance of 2011 - Pages: 21 - Sponsors: Wiener; Farrell and Cohen ### File 111051: Accept and Expend Grant - Electric Vehicle Charging Station Program and Amendment to the Annual Salary Ordinance for FY2011-2012 - $100,000 - Pages: 21 - Sponsors: Mayor ### File 110796: Board Response to the 2010-2011 Civil Grand Jury Report entitled “Hunters Point Shipyard: A Shifting Landscape” - Pages: 21 ### File 110816: Board Response to the 2010-2011 Civil Grand Jury Report Entitled “Log Cabin Ranch Moving Towards Positive Horizons” - Pages: 21-22 ### File 111052: Gift Acceptance - Market Street Improvements - $200,000 - Pages: 22 - Sponsors: Chiu ### File 111053: Memorandum of Understanding - Regional Agreement - Federal Homeland Security Grant Funds - Pages: 22 - Sponsors: Mayor; Chiu, Farrell and Mirkarimi ### File 111055: Karen Bishop Day - September 27, 2011 - Pages: 22 - Sponsors: Mar; Kim ### File 111061: Urging Governor Jerry Brown to Support Assembly Bill 438 - Protect Public Libraries from for-Profit Corporation Takeovers - Pages: 22 - Sponsors: Avalos ### File 111062: Mission Hiring Hall Day - October 13, 2011 - Pages: 22-23 - Sponsors: Avalos; Mar ### File 111063: Supporting the Central Subway Project and Replacement Housing Obligation - Pages: 23 - Sponsors: Chiu; Kim, Cohen, Mar, Wiener, Elsbernd, Mirkarimi, Chu, Avalos, Campos and Farrell ### File 111064: Walk to School Day - October 5, 2011 - Pages: 23 - Sponsors: Kim ### File 111065: Extending the Life of the Western SoMa Citizens Planning Task Force - Pages: 23 - Sponsors: Kim ### File 111066: George Washington High School Day - October 15, 2011 - Pages: 23 - Sponsors: Mar ### File 110795: 2010-2011 Civil Grand Jury Report - Hunters Point Shipyard - Pages: 23 ### File 110815: 2010-2011 Civil Grand Jury Report - Log Cabin Ranch - Pages: 23-24 ### File 111056: Hearing - Municipal Banking System - Pages: 24 - Sponsors: Avalos ### File 111057: Hearing - Citizen's General Obligation Bond Oversight Committee 2010 Annual Report - Pages: 24 - Sponsors: Campos ### File 111058: Hearing - Budget and Legislative Analysts' Performance Audit - Pages: 24 - Sponsors: Campos ### File 111059: Hearing - California Pacific Medical Center's Cathedral Hill Project Negotiation Progress - Pages: 24 - Sponsors: Mar ### File 111060: Hearing - Seniors and the Disabled Living in Single Room Occupancy (SRO) Hotels - Pages: 24-25 - Sponsors: Mar; Kim and Campos ### File 110993: Police Code - Commercial Parking Permits - Pages: 25 ### File 110994: Transportation Code - Clipper Card Regulations - Pages: 25 ### File 110995: Mission Bay South Blocks 41-43, Phase 2 - Improvements - Pages: 25 ### File 110996: Mission Bay Park Block P16 - Improvements - Pages: 25-30 ## Extracted text ### [Page 1](https://sfbos.info/documents/2113/2011-09-27-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 27, 2011 - 2:00 PM Hearing 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 35 ### [Page 2](https://sfbos.info/documents/2113/2011-09-27-minutes#page-2) Board of Supervisors Meeting Minutes 9/27/2011 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 2:10 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA Recommendation of the Government Audit and Oversight Committee 110766 [Administrative Code - Overtime Appropriations] Sponsors: Campos; Farrell Ordinance amending the San Francisco Administrative Code by adding Section 3.17 to: 1) require separate overtime items in the budget for the Airport, Emergency Management, Fire, Police, Public Health, Public Utilities, Public Works, Recreation and Park, and Sheriff; and 2) require those departments to obtain a separate supplemental appropriation to exceed those amounts. Ordinance No. 194-11 FINALLY PASSED City and County of San Francisco Page 805 Printed at 4:08 pm on 11/1/11 ### [Page 3](https://sfbos.info/documents/2113/2011-09-27-minutes#page-3) Board of Supervisors Meeting Minutes 9/27/2011 Recommendations of the Land Use and Economic Development Committee 110785 [Planning Code - Zoning - Establishing Standards for Bird-Safe Buildings] Sponsors: Mar; Chiu Ordinance amending the San Francisco Planning Code by: 1) adding Section 139 to establish standards for bird-safe buildings to help reduce injury and mortality in birds caused by certain types of new construction, replacement facades, and building features; 2) amending Section 145.1 to allow for exceptions to transparency and fenestration requirements to meet standards for bird-safe buildings; and 3) adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Planning Commission) Ordinance No. 199-11 FINALLY PASSED 110786 [Planning Code - Eastern Neighborhoods Code Cleanup] Ordinance amending various sections of the San Francisco Planning Code to: 1) improve the City’s ability to implement the goals, objectives, and policies of the Eastern Neighborhoods Plan; 2) make technical corrections to the Code; 3) update land use tables in the Eastern Neighborhoods; 4) clarify language for affordable housing tiers and the use of historic buildings in the UMU District; 5) clarify permitted modifications for large project authorizations in the Eastern Neighborhoods; and 6) making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan, and the Priority Policies of Planning Code Section 101.1. (Planning Commission) Ordinance No. 196-11 FINALLY PASSED 110787 [Administrative Code - Eastern Neighborhoods Code Cleanup] Ordinance amending the San Francisco Administrative Code Section 10E.2 to: 1) clarify the requirements for the Controller's assessment in order to improve the City's ability to implement the goals, objectives, and policies of the Eastern Neighborhoods Plan; and 2) making environmental findings. (Planning Commission) Ordinance No. 197-11 FINALLY PASSED 110788 [Zoning Map Amendments - Eastern Neighborhoods Code Cleanup] Ordinance amending San Francisco Zoning Map Sheets ZN01, ZN07, ZN08, and SU08 to: 1) correct technical errors made in Ordinance No. 299-08; and 2) making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Commission) Ordinance No. 198-11 FINALLY PASSED City and County of San Francisco Page 806 Printed at 4:08 pm on 11/1/11 ### [Page 4](https://sfbos.info/documents/2113/2011-09-27-minutes#page-4) Board of Supervisors Meeting Minutes 9/27/2011 110568 [Street Artist Spaces - Post Street, Northwest Corner, at Stockton Street] Resolution approving designation for six months of two temporary selling spaces on Post Street, northwest corner, at Stockton Street, for street artists certified by the Arts Commission. (Arts Commission) Resolution No. 406-11 ADOPTED Recommendations of the Public Safety Committee 110909 [Accept and Expend Grant - FY2007 Supplemental Port Security Grant Program - Marine-Based Equipment Enhancements - $230,000] Sponsor: Chiu Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of $230,000 from the Federal Emergency Management Agency for FY2007 Supplemental Port Security Grant Program for assets to enhance the Fire Department’s water-based response capabilities and increase its protection of the Port of San Francisco and the San Francisco Bay. Resolution No. 407-11 ADOPTED 110910 [Accept and Expend Grant - FY2008 Port Security Grant Program - Type 2 Fire Boat - $7,870,484] Sponsor: Chiu Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of $7,870,484 from the Federal Emergency Management Agency for the FY2008 Port Security Grant Program for assets to enhance the Fire Department’s water-based response capabilities and increase its protection of the Port of San Francisco and the San Francisco Bay. Resolution No. 408-11 ADOPTED 110911 [Accept and Expend Grant - FY2010 Port Security Grant Program - Rapid Response Vessel and Regional Marine Training - $645,125] Sponsor: Chiu Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of $645,125 from the Federal Emergency Management Agency for FY2010 Port Security Grant Program for assets to enhance the Fire Department’s water-based response capabilities and increase its protection of the Port of San Francisco and the San Francisco Bay. Resolution No. 409-11 ADOPTED City and County of San Francisco Page 807 Printed at 4:08 pm on 11/1/11 ### [Page 5](https://sfbos.info/documents/2113/2011-09-27-minutes#page-5) Board of Supervisors Meeting Minutes 9/27/2011 110912 [Accept and Expend Grant - FEMA Assistance to Fire Fighters - Heavy-Duty Washer Extractors - $107,296] Sponsor: Chiu Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of $107,296 from the Federal Emergency Management Agency for the purchase and installation of seven commercial washer extractors to clean personal protective equipment. Resolution No. 410-11 ADOPTED 110918 [Revolving Fund Agreement - Burial or Emergency Relocation of Crime Victims - $75,000] Sponsor: Mirkarimi Resolution authorizing the Office of the District Attorney to renew its current agreement with the California Victim Compensation and Government Claims Board, an agent of the State of California, for a revolving fund in the amount of $75,000 to be used to pay for verified funeral/burial expenses for eligible homicide victims and emergency relocation for victims of domestic violence and sexual assault for the period of July 1, 2011, through June 30, 2014. Resolution No. 411-11 ADOPTED 110919 [Accept and Expend Grant - Compensation for Crime Victims - Up to $714,138] Sponsor: Mirkarimi Resolution authorizing the Office of the District Attorney to retroactively accept and expend up to $714,138 allocated from the California Victim Compensation and Government Claims Board for a project entitled the Joint Powers Agreement for the period of July 1, 2011, through June 30, 2012. Resolution No. 412-11 ADOPTED Recommendations of the Rules Committee 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) PASSED, ON FIRST READING 110692 [Settlement of Lawsuit - West Bay Builders, Inc. - City to Retain $900,000] Ordinance authorizing settlement of the lawsuit entitled West Bay Builders, Inc. v. City and County of San Francisco, San Francisco Superior Court Case No. CGC-10-503366, arising from a breach of contract dispute regarding Contract No. 6159A for construction of a new Recreation and Park Department (RPD) facility known as the Minnie and Lovie Ward Recreation Center and Ocean View Park, for which West Bay Builders, Inc., served as the prime contractor, calling for the RPD to retain $900,000 from the contract balance and including other material terms of said settlement. (City Attorney) PASSED, ON FIRST READING City and County of San Francisco Page 808 Printed at 4:08 pm on 11/1/11 ### [Page 6](https://sfbos.info/documents/2113/2011-09-27-minutes#page-6) Board of Supervisors Meeting Minutes 9/27/2011 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) PASSED, ON FIRST READING 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) Resolution No. 413-11 ADOPTED 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. Resolution No. 414-11 ADOPTED 110877 [Appointments, Bicycle Advisory Committee - Richard Tilles, Bert Hill, Rachel Ebora, and Casey Allen] Motion appointing Richard Tilles, Bert Hill, Rachel Ebora, and Casey Allen, terms ending November 19, 2012, to the Bicycle Advisory Committee. (Clerk of the Board) Richard Tilles, seat 2, succeeding himself, term expired, must be a nominee of District 2 Supervisor. The member shall serve the unexpired portion of a two-year term ending November 19, 2012 or for the tenure of the supervisor who nominated the member, whichever is shorter in duration. Bert Hill, seat 7, succeeding himself, term expired, must be a nominee of District 7 Supervisor. The member shall serve the unexpired portion of a two-year term ending November 19, 2012 or for the tenure of the supervisor who nominated the member, whichever is shorter in duration. Rachel Ebora, seat 9, succeeding herself, term expired, must be a nominee of District 9 Supervisor. The member shall serve the unexpired portion of a two-year term ending November 19, 2012 or for the tenure of the supervisor who nominated the member, whichever is shorter in duration. Casey Allen, seat 11, succeeding himself, term expired, must be a nominee of District 11 Supervisor. The member shall serve the unexpired portion of a two-year term ending November 19, 2012 or for the tenure of the supervisor who nominated the member, whichever is shorter in duration. Motion No. M11-140 APPROVED City and County of San Francisco Page 809 Printed at 4:08 pm on 11/1/11 ### [Page 7](https://sfbos.info/documents/2113/2011-09-27-minutes#page-7) Board of Supervisors Meeting Minutes 9/27/2011 110963 [Appointments, Reentry Council - Gerald Miller, Kimberli Courtney, Viet Mike Ngo, and Ronnie Muniz] Motion appointing Gerald Miller, Kimberli Courtney, Viet Mike Ngo, and Ronnie Muniz, terms ending July 17, 2013, to the Reentry Council. (Clerk of the Board) Gerald Miller, seat 1, succeeding Ronald Sanders, term expired, for the unexpired portion of a two-year term ending July 17, 2013. Member must be a former inmate in the San Francisco County Jail, a California Department of Corrections and Rehabilitation facility and/or a United States Bureau of Prison facility. Kimberli Courtney, seat 2, succeeding Mary Campbell, term expired, for the unexpired portion of a two-year term ending July 17, 2013. Member must be a former inmate in the San Francisco County Jail, a California Department of Corrections and Rehabilitation facility and/or a United States Bureau of Prison facility. The member shall also have expertise in providing services to individuals exiting the criminal justice system. Viet Mike Ngo, seat 3, succeeding Gerald Miller, term expired, for the unexpired portion of a two-year term ending July 17, 2013. Member must be a former inmate in the San Francisco County Jail, a California Department of Corrections and Rehabilitation facility and/or a United States Bureau of Prison facility. The member must also have been released from custody within two years of his or her appointment. Ronnie Muniz, seat 4, succeeding ShaMauda Bishop, term expired, for the unexpired portion of a two-year term ending July 17, 2013. Member must be a former inmate in the San Francisco County Jail, a California Department of Corrections and Rehabilitation facility and/or a United States Bureau of Prison facility. The member must also have served multiple terms of incarceration. Motion No. M11-141 APPROVED 110992 [Appointment, Veteran Affairs Commission - Deborah Dacumos] Motion appointing Deborah Dacumos, term ending January 31, 2014, to the Veteran Affairs Commission. (Clerk of the Board) Deborah Dacumos, seat 5, succeeding Jill Buck, term expired, must be a woman veteran, for the unexpired portion of a four-year term ending January 31, 2014. Motion No. M11-142 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 810 Printed at 4:08 pm on 11/1/11 ### [Page 8](https://sfbos.info/documents/2113/2011-09-27-minutes#page-8) Board of Supervisors Meeting Minutes 9/27/2011 Severed from the Consent Agenda Supervisor Chiu requested that File No. 110720 be severed so that it may be considered separately. Recommendation of the Budget and Finance Committee 110720 [Administrative Code - Gift Funds] Sponsors: Mayor; Chiu and Chu Ordinance amending the San Francisco Administrative Code to: 1) create a Recreation and Parks Gift Fund; 2) update the Mayor’s Earthquake Emergency Relief Fund to broaden its purpose as a general disaster recovery fund; and 3) amend the Mayor’s Fund for the homeless to change the administering agency. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED on Page 1, Line 12, replacing 'XXX' with '257'; and Line 14, by replacing 'XXX' with '257'. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Ordinance amending the San Francisco Administrative Code Sections 10.100-100 and 10.100-106, and adding Section 10.100-257 to: 1) create a Recreation and Parks Gift Fund; 2) update the Mayor’s Earthquake Emergency Relief Fund to broaden its purpose as a general disaster recovery fund; and 3) amend the Mayor’s Fund for the homeless to change the administering agency. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisor Kim requested that File No. 111004 be severed so that it may be considered separately. Recommendation of the Land Use and Economic Development Committee 111004 [Jurisdictional Transfer of City Property - 17th Street and Folsom Street] Sponsors: Kim; Avalos, Mirkarimi, Campos and Wiener Resolution 1) approving the jurisdictional transfer of portions of Assessor's Block No. 3571, Lot No. 018, of the City and County of San Francisco, all currently under the jurisdiction of the San Francisco Public Utilities Commission, partially to the Mayor’s Office of Housing as to 29,075 square feet, and partially to the Recreation and Park Department as to 31,578 square feet; 2) approving the transfer price of $4,000,000 from the Mayor’s Office of Housing to San Francisco Public Utilities Commission and of $2,271,850 from the Recreation and Park Department to San Francisco Public Utilities Commission; 3) adopting findings, including environmental findings, General Plan findings, and Planning Code Section 101.1 findings; and (4) authorizing other actions in furtherance of this Resolution. Supervisors Avalos, Mirkarimi, Campos, and Wiener requested to be added as co-sponsors. Resolution No. 395-11 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 811 Printed at 4:08 pm on 11/1/11 ### [Page 9](https://sfbos.info/documents/2113/2011-09-27-minutes#page-9) Board of Supervisors Meeting Minutes 9/27/2011 REGULAR AGENDA UNFINISHED BUSINESS From the Land Use and Economic Development Committee Without Recommendation 110448 [Planning Code - Zoning Map - Establishing City Center Special Sign District] Sponsor: Farrell Ordinance amending the San Francisco Planning Code Sections 602.10, 607.1, 608, adding Section 608.16, and amending Sectional Map SSD of the Zoning Map to establish the City Center Special Sign District encompassing the real property bounded by Masonic Avenue, Geary Boulevard, Lyon Street, and O'Farrell Street (Assessor's Block No. 1094, Lot No. 001) to allow additional projecting signs, freestanding identifying and directional signs, and to modify existing controls on business wall signs; adopting findings, including environmental findings pursuant to the California Environmental Quality Act, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Ordinance No. 195-11 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener NEW BUSINESS Recommendation of the Budget and Finance Committee 110900 [Administrative Code - Film Fees and Rebate Program] Sponsor: Farrell Ordinance amending the San Francisco Administrative Code Sections 57.5 and 57.8 to: 1) decrease filming fees for smaller-budget productions; 2) include documentary films, docudrama films, and "reality" programming among eligible productions for the Film Rebate Program; 3) exempt productions by nonprofit entities, public service announcements, and qualifying student productions from film fees; and 4) make environmental findings. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 812 Printed at 4:08 pm on 11/1/11 ### [Page 10](https://sfbos.info/documents/2113/2011-09-27-minutes#page-10) Board of Supervisors Meeting Minutes 9/27/2011 Recommendation of the Land Use and Economic Development Committee 110854 [Environment Code - Green Building Requirements for City Buildings] Sponsors: Mayor; Mar Ordinance amending the San Francisco Environment Code, Chapter 7, Sections 700 through 713, to update the green building requirements for the design, construction, and operation of City buildings. Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED on Page 16, Line 23, by replacing 'September' with 'November'. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Ordinance amending the San Francisco Environment Code, Chapter 7, Sections 700 through 713 to update the green building requirements for the design, construction, and operation of City buildings. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Recommendations of the Public Safety Committee 110846 [Administrative Code - Postrelease Community Supervision Program] Sponsors: Mirkarimi; Cohen Ordinance amending the San Francisco Administrative Code by adding Article XXII, Sections 2A.300 and 2A.301, Chapter 2A to: 1) designate the Adult Probation Department as the county agency responsible for providing postrelease community supervision to eligible inmates released from state prison, as required under California Penal Code section 3451; and 2) authorize the Adult Probation Department to develop a Home Detention and Electronic Monitoring Program that can be used as a supervision tool and sanction for persons who violate conditions of their Postrelease Community Supervision Program. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110901 [Police Code - Safe Storage and Enhanced-Lethality Ammunition Findings] Sponsors: Mirkarimi; Campos, Cohen and Chiu Ordinance amending the San Francisco Police Code by adding Sections 4511 and 613.9.5 to add findings to ordinances: 1) requiring a handgun to be kept in a locked container or disabled with a trigger lock; and 2) prohibiting the sale of enhanced-lethality ammunition. Supervisor Chiu requested to be added as a co-sponsor. Privilege of the floor was granted to Sherri Kaiser (City Attorney's Office) who provided an overivew and responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 813 Printed at 4:08 pm on 11/1/11 ### [Page 11](https://sfbos.info/documents/2113/2011-09-27-minutes#page-11) Board of Supervisors Meeting Minutes 9/27/2011 From the Rules Committee Without Recommendation 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) PASSED ON FIRST READING 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 111007 [Public Hearing - Resolution to Establish the West Portal Community Benefit District] Sponsor: Elsbernd Hearing of persons interested in or objecting to proposed Resolution establishing a property-based business improvement district to be known as the “West Portal Community Benefit District,” ordering the levy and collection of assessments against property located in that district for 13 years commencing with FY2011-2012, with services, activities, and improvements to be provided for 13 calendar years commencing January 1, 2012, subject to conditions as specified, and making environmental findings. The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to File No. 111008. Matt Rogers; Mario Magennon; James Robinson; Gail Ferris; Bob Presley; Auburn Shepherd; Steve Ballister; Walter Paulson; spoke in support of the assessment district. Mark Pasquine; Male Speaker; L.A. Wagner; spoke in opposition to the assessment district. Lisa Pagan (Mayor's Office of the Economic and Workforce Development) responded to questions raised throughout the discussion. 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 City and County of San Francisco Page 814 Printed at 4:08 pm on 11/1/11 ### [Page 12](https://sfbos.info/documents/2113/2011-09-27-minutes#page-12) Board of Supervisors Meeting Minutes 9/27/2011 Committee of the Whole Adjourn and Report 111008 [Resolution to Establish the West Portal Community Benefit District] Sponsor: Elsbernd Resolution establishing a property-based business improvement district to be known as the “West Portal Community Benefit District,” ordering the levy and collection of assessments against property located in that district for 13 years commencing with FY2011-2012, with services, activities, and improvements to be provided for 13 calendar years commencing January 1, 2012, subject to conditions as specified, and making environmental findings. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the West Portal Community Benefit District was 48.92%, and the returned weighted ballots voting against the West Portal Community Benefit District was 51.08%, further indicating there was a majority protest. Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Mirkarimi SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Chu, seconded by Supervisor Avalos, 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 Chu introduced, welcomed, and presented a Certificate of Honor to Scott Heldfond of the Health Service System Board in recognition of his accomplishments during his tenure as a Board Member. Supervisor Elsbernd and Catherine Dodd, Director of Health Service System, shared in this recognition. Supervisor Chu introduced, welcomed, and presented a Certificate of Honor to Terry McDevitt of the Recreation and Park Department in recognition of his 40 years of service upon his retirement. Supervisor Avalos introduced, welcomed, and presented Certificates of Honor to District 11 artists and organizers in recognition of their accomplishments in beautifying the Excelsior, creating the Excelsior Mural Tour, and for their continued community support. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Karen Bishop of the San Francisco Unified School District in recognition of her 43 years of service upon her retirement and continued community support. Supervisors Kim and Campos shared in this recognition. City and County of San Francisco Page 815 Printed at 4:08 pm on 11/1/11 ### [Page 13](https://sfbos.info/documents/2113/2011-09-27-minutes#page-13) Board of Supervisors Meeting Minutes 9/27/2011 SPECIAL ORDER 4:00 P.M. 110950 [Conditional Use Appeal - 4141 Geary Boulevard/450 - 6th Avenue] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 28, 2011, Conditional Use Authorization identified as Planning Case No. 2010.0951C, by its Motion No. 18415, under Planning Code Sections 209.6(b) and 303, to install a wireless telecommunications facility consisting of nine panel antennas and related equipment on an existing mechanical penthouse on the roof of a five-story publicly used structure (Kaiser Hospital) as part of Verizon’s wireless telecommunications network within the RM-1 (Mixed, Low Density) and NC-3 (Neighborhood Commercial, Moderate Scale) Zoning Districts, and a 80-E Height and Bulk District, on property located at 4141 Geary Boulevard/450 - 6th Avenue, Assessor’s Block No. 1539, Lot No. 003. (District 1) (Filed by Sandra Fen Ng on behalf of the San Francisco Tomorrow and subscribed by Supervisors Mar, Avalos, Chiu, Kim, and Mirkarimi.) (Filed August 29, 2011; Companion Measure to File Nos. 110951, 110952, and 11953.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Hearing be CONTINUED to October 25, 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 25, 2011, at 4:00 p.m. 110951 [Approving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion approving decision of the Planning Commission by its Motion No. 18415, approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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 110952 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18415, approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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 816 Printed at 4:08 pm on 11/1/11 ### [Page 14](https://sfbos.info/documents/2113/2011-09-27-minutes#page-14) Board of Supervisors Meeting Minutes 9/27/2011 110953 [Preparation of Findings Related to the Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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 ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to privatization and the SF Public Library. Tom Gilberty; expressed concerns relating to noise pollution. Jake Crawford; expressed concerns relating to housing in Fillmore. Male Speaker; expressed concerns relating to Parkmerced and the SOTF determination. Female Speaker; expressed various concerns. Edmond Juicye; expressed various concerns. Male Speaker; expressed various concerns. John Burrows; expressed various concerns. City and County of San Francisco Page 817 Printed at 4:08 pm on 11/1/11 ### [Page 15](https://sfbos.info/documents/2113/2011-09-27-minutes#page-15) Board of Supervisors Meeting Minutes 9/27/2011 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation as Defendant 111044 [Closed Session - Anticipated Litigation - Public Financing Law] Sponsor: Kim Motion that the Board of Supervisors convene in closed session on September 27, 2011, to consult with Legal Counsel for the purpose of conferring with, or receiving advice from, Legal Counsel regarding anticipated litigation involving the City's public financing law (Campaign and Governmental Conduct Code Section 1.144) in light of Arizona Free Enterprise Club's Freedom PAC et al. v. Bennett, U.S. Supreme Court Case No. 10-238. Government Code Section 54956.9(b) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the anticipated litigation. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M11-143 Supervisor Kim, seconded by Supervisor Campos, 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 CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:20 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel John St. Croix, Director of the Ethics Commission Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and Filed. RECONVENING OF THE BOARD The Board at the hour of 5:30 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 818 Printed at 4:08 pm on 11/1/11 ### [Page 16](https://sfbos.info/documents/2113/2011-09-27-minutes#page-16) Board of Supervisors Meeting Minutes 9/27/2011 [Elect Not to Disclose] Motion that the Board finds that it is in the best interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Campos, moved not disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener From the Rules Committee Without Recommendation Supervisor Mirkarimi was noted absent at 5:35 p.m. for the remainder of the meeting. 110718 [Campaign and Governmental Conduct Code - Capping the Amount of Public Matching Funds] Sponsors: Farrell; Elsbernd Ordinance amending the San Francisco Campaign and Governmental Conduct Code Section 1.144 to cap the amount of public matching funds. Privilege of the floor was granted to Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel, and John St. Croix, Director of the Ethics Commission, who responded to questions raised throughout the discussion. NOT PASSED ON FIRST READING by the following vote: Ayes: 7 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener Noes: 3 - Avalos, Kim, Mar Absent: 1 - Mirkarimi Supervisor Elsbernd, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Mirkarimi Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to October 4, 2011. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Mirkarimi FOR ADOPTION WITHOUT COMMITTEE REFERENCE 111035 [Grant Application - 2011 United States Department of Housing and Urban Development Continuum of Care Programs] Sponsor: Mayor Resolution approving the City and County of San Francisco 2011 grant application for the United States Department of Housing and Urban Development Continuum of Care Programs and fulfilling the San Francisco Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. Resolution No. 396-11 ADOPTED City and County of San Francisco Page 819 Printed at 4:08 pm on 11/1/11 ### [Page 17](https://sfbos.info/documents/2113/2011-09-27-minutes#page-17) Board of Supervisors Meeting Minutes 9/27/2011 111036 [Urging Governor Jerry Brown to Sign Assembly Bill 101 - Quality Family Child Care Act] Sponsors: Avalos; Mar Resolution urging Governor Jerry Brown to sign Assembly Bill 101, the Quality Family Child Care Act. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 397-11 ADOPTED 111037 [Accept and Expend Grant - Community Health Assessment and Community Health Improvement Plan Demonstration Site Project - $33,833] Sponsor: Campos Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant in the amount of $33,833 from National Association of County and City Health Officials to participate in a program entitled “Community Health Assessment and Community Health Improvement Plan Demonstration Site Project” for the period of July 5, 2011, through July 4, 2012. Resolution No. 398-11 ADOPTED 111038 [Accept and Expend Grant - Cross Bay Collaborative to Combat Human Trafficking Program - $60,000] Sponsors: Kim; Chu and Mar Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend a grant in the amount of $60,000 from Standing Against Global Exploitation to participate in a program entitled “Cross Bay Collaborative to Combat Human Trafficking” for the period of July 1, 2011, through June 30, 2012. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 399-11 ADOPTED 111039 [Approval of a Six Month Extension for Planning Commission Review of Japantown Special Use District Provisions (File No. 110768)] Sponsor: Mirkarimi Resolution extending by six months the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance (File No. 110768) that would amend the Planning Code by amending Section 249.31 to prohibit a Medical Service Use or a Business or Professional Use on the ground floor in the area zoned NC-2 in the Japantown Special Use District; and making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Resolution No. 400-11 ADOPTED City and County of San Francisco Page 820 Printed at 4:08 pm on 11/1/11 ### [Page 18](https://sfbos.info/documents/2113/2011-09-27-minutes#page-18) Board of Supervisors Meeting Minutes 9/27/2011 111040 [Accept and Expend Grant - Central Asia Surveillance Assessment - $23,933] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant from Columbia University in the amount of $23,933 to participate in a program entitled “Central Asia Surveillance Assessment” for the period of April 1, 2011, through June 30, 2011. Resolution No. 401-11 ADOPTED 111041 [Accept and Expend Grant - Atlanta HQ University of California San Francisco Technical Assistance - $13,595] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant from the University of California San Francisco in the amount of $13,595 to participate in a program entitled “Atlanta HQ UCSF Technical Assistance to Support President’s Emergency Plan for AIDS” for the period of October 1, 2011, through March 31, 2012. Resolution No. 402-11 ADOPTED 111042 [Urging Congress to Provide Funding for the Land and Water Conservation Fund] Sponsor: Wiener Resolution urging Congress to provide funding for the Land and Water Conservation Fund. Resolution No. 403-11 ADOPTED 111043 [Accept and Expend Grant - Atlanta HQ University of California San Francisco Technical Assistance - $27,189] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant from the University of California San Francisco in the amount of $27,189 to participate in a program entitled “Atlanta HQ UCSF Technical Assistance to Support President’s Emergency Plan for AID” for the period of April 1, 2011, through March 31, 2012. Resolution No. 404-11 ADOPTED 111026 [Final Map 5625 - 333 Greenwich Street] Motion approving Final Map 5625, a Five Unit Residential Condominium Project, located at 333 Greenwich Street being a subdivision of Assessor's Block No. 0086, Lot No. 010; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 (Public Works Department) Motion No. M11-144 APPROVED City and County of San Francisco Page 821 Printed at 4:08 pm on 11/1/11 ### [Page 19](https://sfbos.info/documents/2113/2011-09-27-minutes#page-19) Board of Supervisors Meeting Minutes 9/27/2011 111027 [Final Map 6395 - 2829 California Street and 1933 Divisadero Street] Motion approving Final Map 6395, a 13 Residential Unit and Three Commercial Unit Mixed-Use Condominium Project, located at 2829 California Street and 1933 Divisadero Street being a subdivision of Assessor's Block No. 1028, Lot Nos. 003 and 028; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M11-145 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Mirkarimi IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Mar, seconded by Supervisor Avalos, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Mirkarimi [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 Mar, seconded by Supervisor Avalos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Mirkarimi 111055 [Karen Bishop Day - September 27, 2011] Sponsors: Mar; Kim Resolution declaring September 27, 2011, to be Karen Bishop Day in the City and County of San Francisco. Resolution No. 405-11 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Mirkarimi City and County of San Francisco Page 822 Printed at 4:08 pm on 11/1/11 ### [Page 20](https://sfbos.info/documents/2113/2011-09-27-minutes#page-20) Board of Supervisors Meeting Minutes 9/27/2011 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 111047 [Administrative, Planning, and Campaign and Governmental Conduct Codes - Disability Access Improvements for Small Businesses and Landlord Obligations] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code by adding Chapter 38, Sections 38.1 through 38.6; amending the San Francisco Planning Code Sections 790.90, 790.91, and 790.102; amending the San Francisco Campaign and Governmental Conduct Code Section 3.400; requiring commercial landlords leasing to small businesses for public accommodations to: 1) bring ground floor entrances to, and exits from, the building into compliance with applicable state and federal disability access laws; 2) inform small business tenants of the potential legal and financial liabilities for failure to comply with those laws; 3) include in any new or amended leases a provision addressing the respective obligations of the landlord and small business tenant to bring the leased premises into compliance with those access laws; 4) require the City to give priority to building permit applications for work to bring space leased to small business tenants into compliance with those access laws; 5) allow small self-service restaurants and retail coffee stores to exclude the square footage of floor area required for disabled access from the calculation of maximum allowable square footage for such uses under applicable zoning restrictions; and 6) adopt environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and Planning Code Section 101.1. 09/27/11; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/27/2011. 111048 [Appropriating $1,000,000 of Mirant Potrero, LLC, Settlement Funds to the Department of Public Health for Neighborhood Improvement and Mitigation in FY2011-2012] Sponsor: Cohen Ordinance appropriating $1,000,000 of Mirant Potrero, LLC, settlement funds to the Department of Public Health for neighborhood improvement and mitigation in the neighborhoods most impacted by the Potrero Power Plant in FY2011-2012. (Fiscal Impact) 09/27/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 823 Printed at 4:08 pm on 11/1/11 ### [Page 21](https://sfbos.info/documents/2113/2011-09-27-minutes#page-21) Board of Supervisors Meeting Minutes 9/27/2011 111049 [Planning Code - Prohibit the Use of Customer Operated Checkout-Systems - Off-Site Alcohol Sales] Sponsors: Mar; Avalos and Chiu Ordinance amending the San Francisco Planning Code Sections 703.2 and 790.55 to: 1) prohibit the use of Customer Operated Check-Out Systems, as defined, in retail stores where alcoholic beverages are sold for off-site consumption; and 2) making findings, including environmental findings and findings of consistency with the General Plan and with the Priority Policies of Planning Code Section 101.1. 09/27/11; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/27/2011. 111050 [Administrative Code - San Francisco Sentencing Commission and Recidivism Reduction Ordinance of 2011] Sponsors: Wiener; Farrell and Cohen Ordinance amending the San Francisco Administrative Code by adding Article XXV, Sections 5.250 through 5.250-4 to: 1) establish the San Francisco Sentencing Commission; 2) set forth the Commission's purpose, powers and duties; and 3) establish membership criteria. 09/27/11; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/27/2011. 111051 [Accept and Expend Grant - Electric Vehicle Charging Station Program and Amendment to the Annual Salary Ordinance for FY2011-2012 - $100,000] Sponsor: Mayor Ordinance authorizing the Department of the Environment to accept and expend funds in the amount of $100,000 from Coulomb Technologies, Inc., to provide administrative and outreach services for a program to install electric vehicle charging stations in multiple-dwelling units and amending Ordinance No. 146-11 (Annual Salary Ordinance, FY2011-2012) to reflect the addition of one grant funded position at the Department of the Environment. 09/27/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolutions 110796 [Board Response to the 2010-2011 Civil Grand Jury Report entitled “Hunters Point Shipyard: A Shifting Landscape”] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2010-2011 Civil Grand Jury Report entitled “Hunters Point Shipyard: A Shifting Landscape” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) 06/23/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 110816 [Board Response to the 2010-2011 Civil Grand Jury Report Entitled “Log Cabin Ranch Moving Towards Positive Horizons”] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2010-2011 Civil Grand Jury Report entitled “Log Cabin Ranch Moving Towards Positive Horizons” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) 07/05/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 824 Printed at 4:08 pm on 11/1/11 ### [Page 22](https://sfbos.info/documents/2113/2011-09-27-minutes#page-22) Board of Supervisors Meeting Minutes 9/27/2011 111052 [Gift Acceptance - Market Street Improvements - $200,000] Sponsor: Chiu Resolution accepting a gift of $200,000 from 949 Market Street Associates, LLC, to the San Francisco Municipal Transportation Agency to fund the planning and construction of various transit, pedestrian, and bicycle safety improvements on Market Street between 5th and 6th Streets and on 5th Street between Market and Mission Streets. 09/27/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 111053 [Memorandum of Understanding - Regional Agreement - Federal Homeland Security Grant Funds] Sponsors: Mayor; Chiu, Farrell and Mirkarimi Resolution approving a Memorandum of Understanding (MOU) with the Cities of Oakland and San Jose and the Counties of Alameda, Contra Costa, Marin, Monterey, San Mateo, Santa Clara, and Sonoma that: 1) provides governance structures and procedures for application, allocation, and distribution of federal Urban Areas Security Initiative (UASI) grant funds to the Bay Area Urban Area, as well as for other federal grant funds to the Bay Area Urban Area as permitted under the MOU; and 2) continues San Francisco as the primary grantee and fiscal agent for UASI grant funds to the Bay Area Urban Area, as well as for other federal grant funds to the Bay Area Urban Area as permitted under the MOU. 09/27/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 111055 [Karen Bishop Day - September 27, 2011] Sponsors: Mar; Kim Resolution declaring September 27, 2011, to be Karen Bishop Day in the City and County of San Francisco. 09/27/11; ASSIGNED to Board of Supervisors. 09/27/11; ADOPTED. 111061 [Urging Governor Jerry Brown to Support Assembly Bill 438 - Protect Public Libraries from for-Profit Corporation Takeovers] Sponsor: Avalos Resolution urging Governor Jerry Brown to support and implement Assembly Bill 438 that protects public libraries from for profit corporate takeovers. 09/27/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 111062 [Mission Hiring Hall Day - October 13, 2011] Sponsors: Avalos; Mar Resolution declaring October 13, 2011, as Mission Hiring Hall Day in the City and County of San Francisco to commemorate the 40th Anniversary and to acknowledge its contributions to community based employment services and honoring Mission Hiring Halls commitment to the creation, preservation, and advocacy of economic justice for our San Francisco workers and communities. 09/27/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 825 Printed at 4:08 pm on 11/1/11 ### [Page 23](https://sfbos.info/documents/2113/2011-09-27-minutes#page-23) Board of Supervisors Meeting Minutes 9/27/2011 111063 [Supporting the Central Subway Project and Replacement Housing Obligation] Sponsors: Chiu; Kim, Cohen, Mar, Wiener, Elsbernd, Mirkarimi, Chu, Avalos, Campos and Farrell Resolution supporting the Central Subway Project, replacement of all demolished rent controlled units, and that which provides relocation packages to all displaced tenants. 09/27/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 111064 [Walk to School Day - October 5, 2011] Sponsor: Kim Resolution declaring October 5, 2011, as Walk to School Day in the City and County of San Francisco to promote the safety and health of San Francisco children. 09/27/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 111065 [Extending the Life of the Western SoMa Citizens Planning Task Force] Sponsor: Kim Resolution extending the life of the Western SoMa Citizens Planning Task Force. 09/27/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 111066 [George Washington High School Day - October 15, 2011] Sponsor: Mar Resolution celebrating the Diamond Jubilee of George Washington High School and proclaiming October 15, 2011, as George Washington High School Day in the City and County of San Francisco. 09/27/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 110795 [2010-2011 Civil Grand Jury Report - Hunters Point Shipyard] Hearing on the recently published 2010-2011 Civil Grand Jury report entitled “Hunters Point Shipyard: A Shifting Landscape.” (Clerk of the Board) 06/23/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 110815 [2010-2011 Civil Grand Jury Report - Log Cabin Ranch] Hearing on the recently published 2010-2011 Civil Grand Jury report entitled "Log Cabin Ranch Moving Towards Positive Horizons." (Clerk of the Board) 07/05/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 826 Printed at 4:08 pm on 11/1/11 ### [Page 24](https://sfbos.info/documents/2113/2011-09-27-minutes#page-24) Board of Supervisors Meeting Minutes 9/27/2011 111056 [Hearing - Municipal Banking System] Sponsor: Avalos Hearing on the Budget Analyst Report on San Francisco's banking system and options for leveraging San Francisco taxpayer dollars and City revenues in financial institutions that can stimulate our local economy. 09/27/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 111057 [Hearing - Citizen's General Obligation Bond Oversight Committee 2010 Annual Report] Sponsor: Campos Hearing on the Citizen's General Obligation Bond Oversight Committee 2010 Annual Report. 09/27/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 111058 [Hearing - Budget and Legislative Analysts' Performance Audit] Sponsor: Campos Hearing on the Budget and Legislative Analysts' performance audit of San Francisco's Lead Worker, Standby, Acting Assignment, and Supervisory Different Pay Practices. 09/27/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 111059 [Hearing - California Pacific Medical Center's Cathedral Hill Project Negotiation Progress] Sponsor: Mar Hearing on the progress of negotiations between the City and County of San Francisco and the California Pacific Medical Center's Cathedral Hill Project. 09/27/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 111060 [Hearing - Seniors and the Disabled Living in Single Room Occupancy (SRO) Hotels] Sponsors: Mar; Kim and Campos Hearing on the issues affecting the seniors and the disabled living in SRO hotels. 09/27/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 827 Printed at 4:08 pm on 11/1/11 ### [Page 25](https://sfbos.info/documents/2113/2011-09-27-minutes#page-25) Board of Supervisors Meeting Minutes 9/27/2011 Introduced by the President at the Request of a Department PROPOSED ORDINANCES 110993 [Police Code - Commercial Parking Permits] Ordinance amending the San Francisco Police Code Section 1215.2 to modify the requirements for the Chief of Police to refer applications for Commercial Parking Permits to the Municipal Transportation Agency for review of traffic impacts. (Municipal Transportation Agency) 09/19/11; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 10/27/2011. 110994 [Transportation Code - Clipper Card Regulations] Ordinance amending the San Francisco Transportation Code, Article 7, Division I, by adding Section 7.2.104 to regulate the use of Clipper Cards on transit vehicles or in Proof of Payment Zones. (Municipal Transportation Agency) 09/19/11; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 10/27/2011. 110995 [Mission Bay South Blocks 41-43, Phase 2 - Improvements] Ordinance accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay South Blocks 41-43, Phase 2, including acquisition facilities on Owens Street and within public utility easements in private streets; declaring City property as shown on official Department of Public Works maps as open public right-of-way; dedicating such improvements for public use and designating Owens Street and improvements for street and roadway purposes; establishing street grades and sidewalk widths on Owens Street; accepting said facilities for City maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, eight priority policy findings of Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; accepting a Department of Public Works Order; and authorizing official acts in connection with this Ordinance. (Public Works Department) 09/19/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110996 [Mission Bay Park Block P16 - Improvements] Ordinance dedicating City property and portions of State Trust Parcels 4 and 5, known as Mission Bay Park Block P16, lying along Third Street, Mission Bay Boulevard North, and Mission Bay Boulevard South for public use and naming the new park “Mission Bay Commons Park;” accepting the irrevocable offer for the acquisition facilities; designating said facilities for open space and park purposes; accepting the Park for maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, priority policy findings of City Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; accepting a Department of Public Works Order; and authorizing official acts in connection with this Ordinance. (Public Works Department) 09/19/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 828 Printed at 4:08 pm on 11/1/11 ### [Page 26](https://sfbos.info/documents/2113/2011-09-27-minutes#page-26) Board of Supervisors Meeting Minutes 9/27/2011 Requests Granted 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 Northwest and Southwest corners of Fillmore and Post Southwest corner of Divisadero and Sutter Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight 1825 Post Northeast corner of Broderick and Geary 2435 California Northwest corner of Fulton and Divisadero Northeast corner of Post and Divisadero Northeast corner of Geary and Divisadero 1750 Fulton Northwest corner of Fulton and Baker San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Northwest corner of Fulton and Divisadero 1750 Fulton Southeast corner of Masonic and Hayes Southwest corner of Broderick and Oak Northwest corner of Steiner and Waller Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic San Francisco Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Southwest corner of Divisadero and Haight Northwest corner of Fulton and Divisadero 1750 Fulton Southeast corner of Hayes and Masonic SF Weekly Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore Northeast corner of Haight and Steiner Southeast corner of Post and Webster Southwest corner of California and Fillmore Southwest corner of Haight and Divisadero 444 Divisadero Northeast corner of Broderick and Geary Northwest corner of Fulton and Divisadero Southwest corner of Geary and Divisadero 1750 Fulton Southwest corner of Fulton and Lyon City and County of San Francisco Page 829 Printed at 4:08 pm on 11/1/11 ### [Page 27](https://sfbos.info/documents/2113/2011-09-27-minutes#page-27) Board of Supervisors Meeting Minutes 9/27/2011 Advertiser 2435 California Northeast corner of Broderick and Geary Southwest corner of Sutter and Buchanan Northwest corner of Fulton and Divisadero 2101 Divisadero 1750 Fulton Open Exchange Northwest corner of Fillmore and Post Real Estate Times Southwest corner of Fillmore and California Rental Guide 2101 Divisadero Jobs and Careers 1600 Post 2101 Divisadero Western Edition HP Southwest corner of Geary and Divisadero 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 utility poles at the following locations: Metal Poles Southeast corner of Garden and Broderick Approximately 560 Masonic 347 Pierce Southeast corner of Laguna and Hayes Northeast corner of Haight and Fillmore Southwest corner of Haight and Webster Lower west section of Sunset Tunnel Park 734 Clayton Approximately 1490 Waller 235 Broderick 652 Hayes Approximately 602 Hayes 768 Hayes Southeast corner of Birch and Laguna Approximately 2475 California 909 Haight 275 Divisadero 717 Divisadero 793 Divisadero 849 Divisadero 876 Broderick 999 Divisadero Northwest corner of O’Farrell and Divisadero 2101 Divisadero Approximately 1407 Divisadero 1351 Divisadero City and County of San Francisco Page 830 Printed at 4:08 pm on 11/1/11 ### [Page 28](https://sfbos.info/documents/2113/2011-09-27-minutes#page-28) Board of Supervisors Meeting Minutes 9/27/2011 Wood Poles Southeast corner of Grove and Laguna 131 Wilmot Approximately 5 Orben Approximately 2025 McAllister 1617 Fulton Approximately 485 Waller Concrete Pole 1964 Post 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 at the following private property locations: Residential and Commercial Buildings Northwest corner of Broderick and Post 1798 McAllister 295 Buchanan, on fence of Haight side 597 Waller 478-484 Haight 1503 Waller 597 Hayes, planter boxes 573 Hayes 955 Oak 901 Oak 707 Clayton 156 Steiner, on north side of Waller 1933 Post, on east side 1964 Post 291 Divisadero 416 Divisadero 705 Divisadero 1013 Divisadero 1347 Divisadero 2101 Divisadero, on east side Northwest corner of O’Farrell and Divisadero Planter Box Northwest corner of Hayes and Fillmore Parking Lot Approximately 2350 Post Private Street Fixture 2338 Geary 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 at the following locations: Garbage Cans Northeast corner of Fillmore and Hayes Northwest corner of Buchanan and Hayes In front of 579 Hayes City and County of San Francisco Page 831 Printed at 4:08 pm on 11/1/11 ### [Page 29](https://sfbos.info/documents/2113/2011-09-27-minutes#page-29) Board of Supervisors Meeting Minutes 9/27/2011 Southwest corner of Geary and Divisadero Northwest corner of Golden Gate and Divisadero Southeast corner of Baker and McAllister Southeast corner of Central and McAllister Southwest corner of Lyons and Hayes 1195 Divisadero Northwest corner of Ellis and Divisadero Mailboxes Southeast corner of Ellis and Laguna Southwest corner of Oak and Divisadero Northwest corner of Geary and Divisadero Southwest corner of Lyon and Hayes Public Bench Northwest corner of Hayes and Masonic 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 Northwest corner of Oak and Divisadero Southeast corner of Hayes and Divisadero Northeast corner of Geary and Divisadero Northeast corner of Broderick and Divisadero Northeast corner of Linden and Buchanan Approximately 1110 Oak Bus Shelters Northwest corner of Haight and Divisadero Southeast corner of Masonic and Hayes Northeast corner of Carl and Cole Southwest corner of Laguna and McAllister Northeast corner of Geary and Webster All four bus shelters on Haight and Fillmore Southwest corner of Buchanan and Haight Emergency Boxes Northeast corner of Fell and Divisadero Northeast corner of Geary and Divisadero Southeast corner of Baker and Grove Northwest corner of Lyon and Hayes Southwest corner of Oak and Broderick Southwest corner of Pierce and Page Northeast corner of Baker and Page Southeast corner of Haight and Steiner In Memoriam Jerry Paul Smith - Supervisor Farrell City and County of San Francisco Page 832 Printed at 4:08 pm on 11/1/11 ### [Page 30](https://sfbos.info/documents/2113/2011-09-27-minutes#page-30) Board of Supervisors Meeting Minutes 9/27/2011 ADJOURNMENT There being no further business, the Board adjourned at the hour of 6:01 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 November 1, 2011. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 833 Printed at 4:08 pm on 11/1/11