Board of Supervisors Minutes: November 22, 2011

110904 [Administrative Code - References to the Bureaus of Architecture, Engineering, and Construction Management] Ordinance amending the San Francisco Administrative Code Section 2A.190 to deem each reference to the "Bureau of Architecture," "Bureau of Engineering," and "Bureau of Construction Management" in the San Francisco Municipal Code to be a reference to the "Department of Public Works." (Public Works Department) Ordinance No. 233-11 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

ve Code - Health Care Security Ordinance] Sponsors: Chiu; Cohen Ordinance amending the San Francisco Administrative Code Sections 14.1, 14.3, 14.4, and adding Section 14.1.5 to: 1) clarify that only expenditures reasonably calculated to benefit the employee shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 2) require that contributions to a health reimbursement account remain available to the employee for two years; rather than one year; 3) condition use of a health reimbursement account in 2012 upon carry-over of any balance in the account at the end of 2011; 4) provide, in the alternative if triggered by court action, that only amounts actually paid to provide employee health care services shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 5) require employers imposing surcharges on customers to use the full amount collected under the surcharge for employee health care expenditures; 6) add an employee notification requirement; 7) modify penalty provisions; and 8) set an operative date. See duplicated File No. 111267. Supervisor Cohen, seconded by Supervisor Elsbernd, DUPLICATED by the following vote:

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

Noes: None

Ordinance No. 232-11 FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Kim, Mar, Mirkarimi

cisco Administrative Code Sections 14.1, 14.3, 14.4, and adding Section 14.1.5 to: 1) clarify that only expenditures reasonably calculated to benefit the employee shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 2) require that contributions to a health reimbursement account remain available to the employee for two years, rather than one year; 3) condition use of a health reimbursement account in 2012 upon carry-over of any balance in the account at the end of 2011; 4) provide, in the alternative if triggered by court action, that only amounts actually paid to provide employee health care services shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 5) require employers imposing surcharges on customers to use the full amount collected under the surcharge for employee health care expenditures; 6) add an employee notification requirement; 7) modify penalty provisions; and 8) set an operative date. See duplicated File No. 111030. Supervisor Cohen, seconded by Supervisor Elsbernd, moved that this Ordinance be REFERRED to the Government Audit and Oversight Committee. The motion carried by the following vote:

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

Noes: None

111094 [Memorandum of Understanding Amendment - Alameda County Resource Conservation District - Not to Exceed $775,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute the first amendment to the Memorandum of Understanding with the Alameda County Resource Conservation District for an amount not to exceed $775,000 and with a total duration of 14 years, pursuant to Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 502-11 ADOPTED by the following vote:

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

Noes: None

111111 [California Constitution Appropriations Limit for FY2011-2012] Sponsor: Chu Resolution establishing the appropriations limit for FY2011-2012 pursuant to California Constitution Article XIII(B). Resolution No. 493-11 ADOPTED by the following vote:

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

Noes: None

111152 [Airport Lease and Use Agreement - Swiss International Air Lines, Limited] Resolution approving the terms of 2011 Airline/Airport Lease and Use Agreement L11-0182 between the City and County of San Francisco and Swiss International Air Lines, Limited, to conduct international flight operations at San Francisco International Airport. (Airport Commission) Resolution No. 501-11 ADOPTED by the following vote:

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

Noes: None

111153 [Contract Extension - Voting System - Not to Exceed $2,264,800] Resolution approving an amendment to the existing contract between the City and County of San Francisco, through its Department of Elections, and Dominion Voting Systems for an amount not to exceed $2,264,800 and to extend the term of the contract through December 10, 2013. (Elections Department) (Fiscal Impact) Resolution No. 494-11 ADOPTED by the following vote:

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

Noes: None

111166 [Accept and Expend Grant - Health Impact Assessment for Healthy Sustainable Development - $167,061] Sponsors: Campos; Mar Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant from the Centers for Disease Control and Prevention, in the amount of $167,061, to fund the Health Impact Assessment for Healthy Sustainable Development for the period September 1, 2011, through August 31, 2012, and waiving indirect costs. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 500-11 ADOPTED by the following vote:

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

Noes: None

111172 [Supporting Goals for Federal Funding - FY2012-2013 Community Development Block Grant and Emergency Solutions Grant Programs] Resolution supporting FY2012-2013 Community Development Block Grant and Emergency Solutions Grant Consolidated Plan goals. (Mayor's Office of Housing) Resolution No. 498-11 ADOPTED by the following vote:

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

Noes: None

111173 [Funding Application - CalHome Program - $1,500,000] Resolution authorizing the Mayor’s Office of Housing to: 1) submit an application to the California Department of Housing and Community Development for funding under the CalHome Program for $1,500,000; 2) execute a standard agreement, if selected, for such funding and any amendments thereto; and 3) submit any related documents necessary to participate in the CalHome Program. (Mayor's Office of Housing) Resolution No. 490-11 ADOPTED by the following vote:

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

Noes: None

111191 [Issuance of Qualified Energy Conservation Bonds - Not to Exceed $8,291,079] Sponsor: Chu Resolution approving the issuance of not to exceed $8,291,079 aggregate principal amount of Qualified Energy Conservation Bonds to be issued by the Public Utilities Commission of the City and County of San Francisco, acting on behalf of the City and County of San Francisco; approving the execution and delivery by the Commission of an Equipment Lease/Purchase Agreement, an Acquisition Fund and Account Control Agreement, a Direct Purchase Agreement, and a Filing Agent Agreement; and authorizing the taking of appropriate actions in connection therewith; and related matters. (Fiscal Impact) Resolution No. 488-11 ADOPTED by the following vote:

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

Noes: None

111192 [Issuance of New Clean Renewable Energy Bonds - Not to Exceed $6,600,000] Sponsor: Chu Resolution approving the issuance of not to exceed $6,600,000 aggregate principal amount of New Clean Renewable Energy Bonds to be issued by the Public Utilities Commission of the City and County of San Francisco, acting on behalf of the City and County of San Francisco (Commission); approving the execution and delivery by the Commission of an Equipment Lease/Purchase Agreement, an Acquisition Fund and Account Control Agreement, a Direct Purchase Agreement, and a Filing Agent Agreement; and authorizing the taking of appropriate actions in connection therewith; and related matters. Resolution No. 489-11 ADOPTED by the following vote:

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

Noes: None

101055 [Environment Code - Checkout Bags and Checkout Bag Charge] Sponsor: Mirkarimi Ordinance amending the San Francisco Environment Code by: 1) amending Section 1702 to extend the restrictions on checkout bags from supermarkets and chain pharmacies to all retail establishments and food establishments in the City and County of San Francisco, and clarify terms; 2) adding Section 1703.5 to require stores to add a checkout bag charge of 10 cents, rising to 25 cents, if they provide a customer with a checkout bag; 3) setting an operative date of July 1, 2012; and 4) making environmental findings. (Economic Impact) Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to December 6, 2011. The motion carried by the following vote:

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

Noes: None

111075 [Campaign and Governmental Conduct Code - Televising Ethics Commission Meetings] Sponsors: Campos; Chiu and Mar Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding Section 3.301 to require the Ethics Commission to televise its meetings on San Francisco Government Television (SFGovTV). Supervisor Mar requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

110931 [Board Response to the 2010-2011 Civil Grand Jury Report Entitled "Continuity Reports Reviewing the State of Prior Recommendations] 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 "Continuity Reports Reviewing the State of Prior Recommendations." (Clerk of the Board) Resolution No. 505-11 ADOPTED by the following vote:

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

Noes: None

111076 [Allowing Playground Structures in Certain Portions of Sue Bierman Park] Sponsors: Chiu; Mar Ordinance amending the conditions previously placed on portions of Sue Bierman Park, authorizing the construction of playground structures, and making CEQA findings. PASSED, ON FIRST READING by the following vote:

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

Noes: None

111183 [Public Hearing - Conditional Use Appeal - 2041 Larkin Street] Hearing of persons interested in or objecting to the decision of the Planning Commission's September 22, 2011, Conditional Use Authorization identified as Planning Case No. Case No. 2010.1083C, by its Motion No. 18448, under Planning Code Section 209.6(b) to install a wireless telecommunications service facility consisting of up to six panel antennas and related equipment in an existing church as part of AT&T’s Wireless Telecommunications Network within the RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District, on property located at 2041 Larkin Street, Assessor’s Block No. 0572, Lot No. 003. (District 3) (Appellant: Laura Albert on behalf of the Russian Hill Community Association) (Filed October 24, 2011) (Clerk of the Board) 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 Campos, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to December 6, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

111184 [Approving Planning Commission Decision Related to Conditional Use Authorization - 2041 Larkin Street] Motion approving decision of the Planning Commission by its Motion No. 18448, approving Conditional Use Authorization identified as Planning Case No. 2010.1083C on property located at 2041 Larkin Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to December 6, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

111185 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 2041 Larkin Street; Approving Conditional Use With Additional Conditions] Motion disapproving decision of the Planning Commission by its Motion No. 18448, approving Conditional Use Authorization identified as Planning Case No. 2010.1083C on property located at 2041 Larkin Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to December 6, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

111186 [Preparation of Findings Related to the Conditional Use Authorization - 2041 Larkin Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.1083C on property located at 2041 Larkin Street. Supervisor Campos, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to December 6, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

111231 [Approving Planning Commission Decision Related to Conditional Use Authorization - 199 Leland Avenue] Motion approving decision of the Planning Commission by its Motion No. 18458, approving Conditional Use Authorization identified as Planning Case No. 2011.0294C on property located at 199 Leland Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M11-170 Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Mar

111232 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 199 Leland Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18458, approving Conditional Use Authorization identified as Planning Case No. 2011.0294C on property located at 199 Leland Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar

111233 [Preparation of Findings Related to the Conditional Use Authorization - 199 Leland Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2011.0294C on property located at 199 Leland Avenue. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar

111215 [Lease Agreement - State of California - Rincon Hill Dog Park] Sponsor: Kim Resolution approving the execution of a Lease Agreement for a portion of Assessor Block No. 3766, Lot No. 011, by and between the City and County of San Francisco, and the State of California, acting by and through its Department of Transportation (Caltrans); and adopting environmental findings and other findings that the actions set forth in this Resolution are consistent with the City’s General Plan and Eight Priority Policies; and authorizing other actions in furtherance of this Resolution. Resolution No. 492-11 ADOPTED by the following vote:

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

Noes: None

111258 [California Clerk of the Board of Supervisors Association Week - November 28 to December 2, 2011] Sponsors: Chiu; Avalos, Campos, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi and Wiener Resolution honoring the California Clerk of the Board of Supervisors Association and recognizing the vital services performed by the Clerks of the Boards of Supervisors and their staff and proclaiming the week of November 28 to December 2, 2011 as California Clerk of the Board of Supervisors Association Week in the City and County of San Francisco. (Clerk of the Board) Resolution No. 487-11 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

111222 [Opposing the Federal “Super Committee” Farm Bill Process] Sponsor: Mar Resolution urging our elected United States Senators and Representatives to oppose the inclusion of the Farm Bill in the “Super Committee” process and to support a full legislative process for the 2012 Farm Bill. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: None

111249 [Employer Pickup - Pre-Tax Payroll Deduction Plan for Service Credit Purchases (Contribution Code 14)] Sponsor: Elsbernd Resolution authorizing the City and County of San Francisco to implement pre-tax payroll deduction plan for all employees in CalPERS, pursuant to the Internal Revenue Code §414(h)(2). Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

Resolution No. 491-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None