Board of Supervisors Minutes: April 10, 2012

120218 [Appointments, Sweatfree Procurement Advisory Group - Jason Oringer, and Julienne Fisher] Motion appointing Jason Oringer and Julienne Fisher, terms ending December 17, 2013, to the Sweatfree Procurement Advisory Group. (Clerk of the Board) Motion No. M12-047 APPROVED The foregoing items were acted upon by the following vote:

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

ng the Port to amend a contract between the Port and Turner Construction Company to perform certain improvements to Piers 27-29, Piers 19 and 23, and Piers 30-32, and to remove portions of Pier ½ and 64; 2) alternatively, authorizing the Port to execute an agreement between the Port and one of the next highest-ranked proposers, in order of rank, for the Pier 27 Cruise Ship Terminal and Northeast Wharf Plaza Project, to perform certain improvements to Piers 27-29, Piers 19 and 23, and Piers 30-32, and to remove portions of Pier ½ and 64; 3) authorizing the Port to contract with the America's Cup Event Authority for assignment to the Port of its contract with Power Engineering Construction Company for improvements to Piers 30-32 only; 4) authorizing the Port to enter into a contract with AECOM for construction-design engineering services for improvements to Piers 30-32 related to the 34th America's Cup Event; and 5) waiving competitive bidding and solicitation requirements of Administrative Code Sections 6.20, 6.21, 6.68(A)-(F), 6.40, and 6.41, and requirements of Administrative Code Sections 14B.19(C)(1)-(5). (Fiscal Impact) Ordinance No. 053-12 FINALLY PASSED by the following vote:

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

111082 [Campaign and Governmental Conduct and Municipal Elections Codes - Amending Public Financing Program] Sponsors: Kim; Campos, Mar and Avalos Ordinance amending the Campaign and Governmental Conduct Code and the Municipal Elections Code to modify funding of the City's public financing program, to increase expenditure ceilings for supervisorial candidates, to delay the date on which public funds may be disbursed, to change the qualification requirements for participating candidates, and to advance the date by which all local candidates must file their nomination papers. Supervisor Elsbernd moved to divide the question relating to "Section 1.144(d)(4)" located on Page 15, Lines 10-13. The question PASSED AS DIVIDED by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener

Noes: Chu, Elsbernd, Farrell

Ordinance No. 064-12 FINALLY PASSED by the following vote:

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

120246 [Master License Agreement - Photovoltaic Power Projects] Sponsors: Wiener; Mar Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to enter into a long term Master License Agreement for the installation of photovoltaic power projects on San Francisco Unified School District buildings, pursuant to San Francisco Charter Section 9.118. Resolution No. 124-12 ADOPTED by the following vote:

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

120253 [Airline/Airport 2011 Lease and Use Agreement - Various Airlines] Resolution approving four new 2011 Airline/Airport Lease and Use Agreements between the City and County of San Francisco and various airlines, effective upon full City approval, to conduct flight operations at the San Francisco International Airport. (Airport Commission) (Fiscal Impact) Resolution No. 122-12 ADOPTED by the following vote:

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

120260 [Real Property Lease - Aardvark Storage Unlimited, Inc. - 600 Amador Street, Seawall Lot 344] Resolution approving Port Commission Lease No. L-14819 with Aardvark Storage Unlimited, Inc., for paved vacant land located at 600 Amador Street within Seawall Lot 344 in the Southern Waterfront with a sixty month term and a sixty month option. (Port) Resolution No. 123-12 ADOPTED by the following vote:

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

120289 [Apply for, Accept and Expend Grant - California Catalyst Community Grant Program - $1,350,000] Sponsor: Mayor Resolution authorizing the Director of the Office of Economic and Workforce Development to apply for, accept and expend grant funds in the amount of $1,350,000 from the California Department of Housing and Community Development's Catalyst Community Grant Program. Resolution No. 121-12 ADOPTED by the following vote:

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

111341 [San Francisco Municipal Transportation Agency Revenue Bond Issuance - Not to Exceed $80,000,000] Sponsors: Chu; Wiener and Chiu Resolution authorizing the issuance of not to exceed $80,000,000 aggregate principal amount of San Francisco Municipal Transportation Agency Revenue Bonds for the purpose of financing certain capital improvements related to the Agency, including the refinancing of certain outstanding revenue bonds issued by various non-profit public benefit corporations and/or the Parking Authority of the City and County of San Francisco to finance certain improvements to garages owned by the Agency, the Authority or the City, and/or parking meters; approving the forms of documents relating thereto; approving the maximum interest thereon; finding that the authorization and issuance of revenue bonds by the Agency is not a project under California Environmental Quality Act (CEQA), CEQA Guidelines and San Francisco Administration Code Chapter 31; and related matters. (Fiscal Impact) Resolution No. 120-12 ADOPTED by the following vote:

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

111354 [Administrative Code - San Francisco Municipal Transportation Agency Revenue Bond] Sponsors: Chu; Wiener and Chiu Ordinance amending the San Francisco Administrative Code by adding Chapter 43, Article XIII, Sections 43.13.1 through 43.13.8, to authorize the issuance of revenue bonds by the San Francisco Municipal Transportation Agency. PASSED, ON FIRST READING by the following vote:

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

120242 [Appropriating $46,935,000 of 2012 Series A Refunding Revenue Bonds, and De-Appropriating $2,431,363 for the Municipal Transportation Agency in FY2011-2012] Sponsors: Mayor; Chu Ordinance appropriating $46,935,000 of the 2012 Series A Parking Garage Refunding, and de-appropriating $2,431,363 in existing debt service reserve funds, for the Municipal Transportation Agency in FY2011-2012 for parking meter and parking garage refunding, and placing these funds on Controller’s Reserve pending the sale of the bonds. PASSED, ON FIRST READING by the following vote:

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

120243 [Appropriating $28,300,000 of 2012 Series B Revenue Bonds for Transit Projects and Parking Garage Projects, for the Municipal Transportation Agency in FY2011-2012] Sponsors: Mayor; Chu Ordinance appropriating $28,300,000 of the 2012 Series B Revenue Bonds for Transit Projects and for Parking Garage Projects proceeds to the Municipal Transportation Agency in FY2011-2012 for improvements to transit access, reliability, communication, and capital improvements to parking garages; placing these funds on Controller’s Reserve pending the sale of the bonds; and placing $1,600,000 for the Muni System Radio Replacement Project on Budget and Finance Committee Reserve. PASSED, ON FIRST READING by the following vote:

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

120188 [Planning, Building Codes - Fee Waiver Program - Small Business Month - May 2012] Sponsors: Chu; Mar and Kim Ordinance: 1) recognizing Small Business Month in May 2012; 2) amending the San Francisco Planning and Building Codes to waive fees for the month of May for certain façade improvements; 3) making findings including environmental findings, findings of consistency with the General Plan, and priority policies of Planning Code Section 101.1. PASSED, ON FIRST READING by the following vote:

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

120286 [Support for State and Federal Measures to Protect Homeowners and Suspension of Foreclosure Activities in San Francisco] Sponsors: Avalos; Campos, Chiu, Kim, Mar, Olague and Cohen Resolution supporting the California Homeowner Bill of Rights; urging City and County officials and departments to protect homeowners from unlawful foreclosures; and urging City contractors and all mortgage and banking institutions to suspend foreclosure activities and related auctions and evictions until State and Federal measures to protect homeowners from unfair and unlawful practices and provisions for principal reductions are in place. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be AMENDED on Page 4, Lines 1-3, by adding 'FURTHER RESOLVED, That the Board of Supervisors requests the Controller to conduct a follow up audit to the Assessor-Recorder Independent report entitled "Foreclosure in California: A Crisis of Compliance"; and'. The motion carried by the following vote:

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

Resolution No. 128-12 ADOPTED AS AMENDED by the following vote:

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

120084 [Planning Code - Eating and Drinking Establishment Definitions and Controls] Sponsors: Wiener; Olague, Chu and Mar Ordinance: 1) deleting and amending various sections of the San Francisco Planning Code to simplify and consolidate eating and drinking establishment definitions, and subject the newly-defined uses to Section 312 notification and Formula Retail controls; 2) adding Section 703.5 to establish operating conditions for Bars and Restaurants; and 3) adopting 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. Supervisor Wiener, seconded by Supervisor Chu, 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, Olague, Wiener

Supervisors Kim and Cohen requested to be added as co-sponsors. PASSED ON FIRST READING AS AMENDED by the following vote:

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

120330 [Closed Session - Update on Labor Negotiations] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on April 10, 2012, with the Mayor's Office and the Department of Human Resources pursuant to Section 67.10(e) of the San Francisco Administrative Code and Section 54957.6 of the California Government Code regarding negotiations with labor unions representing City employees. Supervisor Farrell, seconded by Supervisor Campos moved that this Motion be ADOPTED. The motion carried by the following vote:

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

Supervisor Campos, seconded by Supervisor Olague moved to rescind the previous vote. The motion carried by the following vote:

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

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. M12-048 Supervisor Campos, 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, Mar, Olague, Wiener

0/2012 Supervisor Kim was noted absent at 4:56 p.m. for the remainder of the meeting. CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:56 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, Mar, Mirkarimi, Wiener Persons in attendance: Kate Howard, Mayor's Budget Office Cheryl Adams, Deputy City Attorney Micki Callahan, Director of Department of Human Resources Martin Gran, Director of Employee Relations 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 5:36 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener [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 Chu, seconded by Supervisor Mar, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Absent: Kim

120327 [Urging Opposition to Governor Brown’s Proposal to Raise the Cal Grant Threshold] Sponsors: Kim; Mar Resolution urging the California State Legislature to oppose California Governor Jerry Brown’s proposal in the 2012-2013 budget that would raise the bar for Cal Grant financial aid. Resolution No. 131-12 ADOPTED The foregoing items were acted upon by the following vote:

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

Absent: Cohen

120324 [Supporting Assembly Bill 1081 - The TRUST Act] Sponsors: Campos; Avalos, Chiu, Kim, Mar, Olague and Wiener Resolution supporting Assembly Bill 1081 (Ammiano) the TRUST Act, a bill that establishes standards for local governments to ensure that an individual will only be detained pursuant to an Immigration and Customs Enforcement hold if that individual has been convicted of a serious or violent felony, and provides key safeguards against profiling and the wrongful detention of U.S. Citizens. Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to April 17, 2012. The motion carried by the following vote:

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

Absent: Cohen

120326 [Urging the San Francisco Municipal Transportation Agency to Permit Strollers on Muni Vehicles] Sponsors: Chiu; Elsbernd and Mar Resolution urging the San Francisco Municipal Transportation Agency to permit strollers on Muni vehicles and to adopt stroller policies that give parents and caregivers better access to public transportation. Supervisor Chiu, seconded by Supervisor Elsbernd, moved that this Resolution be AMENDED on Page 2, Line 6, to read 'current standards of public safety'. The motion carried by the following vote:

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

Absent: Cohen

City and County of San Francisco Page 228 Printed at 2:40 pm on 5/16/12 Board of Supervisors Meeting Minutes 4/10/2012 Supervisor Wiener, seconded by Supervisor Avalos, moved that this Resolution be AMENDED on Page 2, beginning on Line 1, by adding 'and, WHEREAS, SFMTA is implementing the Transit Effectiveness Project to improve Muni's speed and reliability; now, therefore, be it' and on Page 2, Line 6, by adding 'as well as the goals of the TEP to improve MUNI's speed and reliability'. The motion carried by the following vote:

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

Absent: Cohen

Supervisors Avalos and Chu requested to be added as a co-sponsor. Resolution No. 129-12 ADOPTED AS AMENDED by the following vote:

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

120348 [Susan Mizner Day - April 10, 2012] Sponsor: Avalos Resolution declaring April 10, 2012, Susan Mizner Day in the City and County of San Francisco in honor of her service as the Director of the Mayor's Office on Disability. The President inquired as to whether any member of the public wished to address the Board relating to Susan Mizner Day as referenced in File No. 120348. Walter Paulson shared in song appreciation for Susan Mizner. There were no other speakers. The President declared public comment closed. Resolution No. 130-12 ADOPTED by the following vote:

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