# Board of Supervisors Minutes: October 4, 2011

- Meeting date: 2011-10-04
- Document type: minutes
- Source format: PDF
- Extracted pages: 28
- [Canonical HTML transcript](https://sfbos.info/documents/2115/2011-10-04-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m100411.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 110720: Administrative Code - Gift Funds

- Pages: 4-5
- Sponsors: Mayor; Chiu and Chu
- Vote 1: final-passage, likely final
  - Action: 110720 [Administrative Code - Gift Funds] Sponsors: Mayor; Chiu and Chu 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. Ordinance No. 202-11 FINALLY PASSED 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: 5
- Sponsors: Mayor; Mar
- Vote 1: final-passage, likely final
  - 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. Ordinance No. 204-11 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110589: Planning Code - Zoning Map - Establishing the Lombard and Scott Street Affordable Group Housing Special Use District - 3151-3155 Scott Street

- Pages: 5
- Sponsors: Chiu; Avalos, Kim, Mar, Mirkarimi and Campos
- Vote 1: first-reading
  - Action: 110589 [Planning Code - Zoning Map - Establishing the Lombard and Scott Street Affordable Group Housing Special Use District - 3151-3155 Scott Street] Sponsors: Chiu; Avalos, Kim, Mar, Mirkarimi and Campos Ordinance amending the San Francisco Planning Code Section Map 2SU, and adding Section 249.55 to: 1) create the Lombard and Scott Street Affordable Group Housing Special Use District for the real property encompassing 3151-3155 Scott Street (Assessor’s Block No. 0937, Lot No. 001), at the southwest corner of Scott and Lombard Streets, in order to facilitate the development of an affordable group housing project; 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. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener
  - Noes: Farrell
  - Absent: Mar

### File 110718: Campaign and Governmental Conduct Code - Capping the Amount of Public Matching Funds

- Pages: 5-6
- 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, who responded to questions raised throughout the discussion. PASSED ON FIRST READING. The motion FAILED by the following vote:
  - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
  - Noes: Avalos, Campos, Kim, Mar, Mirkarimi

### File 110955: Settlement of Lawsuits - Mitchell Engineering; Authorization of Bonds and Appropriation of Funds - Not to Exceed $15,750,000

- Pages: 6
- Vote 1: final-passage, likely final
  - 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) Ordinance No. 208-11 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110870: Engineering Design Agreement No. CS-879A - Water System Improvement Program - Not to Exceed $14,000,000

- Pages: 6
- Vote 1: adoption, likely final
  - Action: 110870 [Engineering Design Agreement No. CS-879A - Water System Improvement Program - Not to Exceed $14,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute amendments to increase Engineering Project Design Services Agreement No. CS-879A for Water System Improvement Program (WSIP) funded projects with total revised agreement amounts not to exceed $14,000,000 pursuant to Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 418-11 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110871: Engineering Design Agreement No. CS-879B - Water System Improvement Program - Not to Exceed $15,000,000

- Pages: 6-7
- Vote 1: adoption, likely final
  - Action: 110871 [Engineering Design Agreement No. CS-879B - Water System Improvement Program - Not to Exceed $15,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute amendments to increase Engineering Project Design Services Agreement No. CS-879B for Water System Improvement Program (WSIP) funded projects with total revised agreement amounts not to exceed $15,000,000 pursuant to Charter Section 9.118. (Public Utilities Commission) Resolution No. 419-11 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

## Extracted text

### [Page 5](https://sfbos.info/documents/2115/2011-10-04-minutes#page-5)

Board of Supervisors Meeting Minutes 10/4/2011

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.
 Ordinance No. 204-11
 FINALLY PASSED by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

From the Land Use and Economic Development Committee Without Recommendation

110589 [Planning Code - Zoning Map - Establishing the Lombard and Scott Street
 Affordable Group Housing Special Use District - 3151-3155 Scott Street]
 Sponsors: Chiu; Avalos, Kim, Mar, Mirkarimi and Campos
 Ordinance amending the San Francisco Planning Code Section Map 2SU, and adding Section
 249.55 to: 1) create the Lombard and Scott Street Affordable Group Housing Special Use District
 for the real property encompassing 3151-3155 Scott Street (Assessor’s Block No. 0937, Lot No.
 001), at the southwest corner of Scott and Lombard Streets, in order to facilitate the development
 of an affordable group housing project; 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.
 PASSED ON FIRST READING by the following vote:
 Ayes: 9 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener
 Noes: 1 - Farrell
 Absent: 1 - Mar

From the Rules Committee Without Recommendation

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, who responded to questions raised throughout the discussion.
 PASSED ON FIRST READING. The motion FAILED by the following vote:
 Ayes: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
 Noes: 5 - Avalos, Campos, Kim, Mar, Mirkarimi

City and County of San Francisco Page 838 Printed at 2:58 pm on 11/23/11

### [Page 6](https://sfbos.info/documents/2115/2011-10-04-minutes#page-6)

Board of Supervisors Meeting Minutes 10/4/2011

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)
 Ordinance No. 208-11
 FINALLY PASSED by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

NEW BUSINESS

Recommendations of the Budget and Finance Committee

110870 [Engineering Design Agreement No. CS-879A - Water System Improvement
 Program - Not to Exceed $14,000,000]
 Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to
 execute amendments to increase Engineering Project Design Services Agreement No. CS-879A
 for Water System Improvement Program (WSIP) funded projects with total revised agreement
 amounts not to exceed $14,000,000 pursuant to Charter Section 9.118. (Public Utilities
 Commission)
 (Fiscal Impact)
 Resolution No. 418-11
 ADOPTED by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

110871 [Engineering Design Agreement No. CS-879B - Water System Improvement
 Program - Not to Exceed $15,000,000]
 Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to
 execute amendments to increase Engineering Project Design Services Agreement No. CS-879B
 for Water System Improvement Program (WSIP) funded projects with total revised agreement
 amounts not to exceed $15,000,000 pursuant to Charter Section 9.118. (Public Utilities
 Commission)
 Resolution No. 419-11
 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 839 Printed at 2:58 pm on 11/23/11