# Board of Supervisors Minutes: April 10, 2012 - Meeting date: 2012-04-10 - Document type: minutes - Pages in official PDF: 27 - [Canonical HTML transcript](https://sfbos.info/documents/24/2012-04-10-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=193037&GUID=72E64080-8679-4C75-BE9B-D700ABA00C6C) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 120313: Formal Policy Discussions - April 10, 2012 - Pages: 3-4 ### File 120124: Agreement - BAE Systems - Shoreside Power at Drydock #2 - Pier 70 - Not to Exceed $5,700,000 - Pages: 4 ### File 120222: North Beach Branch Library - Environmental Findings and Bond Proceeds - Pages: 4 ### File 120223: Appropriating $6,259,742 of Fund Balance and General Obligation Bond Proceed Interest Earnings to the Public Library in FY2011-2012 - Pages: 4-5 ### File 120189: Memorandum of Understanding, Amendment 2 - Service Employees International Union, Local 1021 - Pages: 5 ### File 110853: Planning, Administrative Codes - Public Art Fee and Public Artwork Trust Fund - Pages: 5-6 ### File 111337: Planning Code - Extension of Time for Legitimization of Existing Eastern Neighborhoods Uses - Pages: 6 ### File 120288: Acceptance of Gift of Nursery for Golden Gate Park Botanical Garden - Pages: 6 ### File 120134: Settlement of Lawsuit - Timothy Hoyt - $80,000 - Pages: 6 ### File 120163: Settlement of Lawsuit - Patricia Banks - $50,000 - Pages: 6 ### File 120164: Settlement of Lawsuit - Pacific States Environmental Contractors, Inc. - $425,000 - Pages: 6-7 ### File 120181: Settlement of Lawsuit - Christine Peterson - $34,000 - Pages: 7 ### File 120182: Settlement of Lawsuit - Wilma Espinosa - $275,000 - Pages: 7 ### File 120187: Settlement of Lawsuit - Airis v. CCSF, et al. - $7,500,000 - Pages: 7 ### File 120238: Settlement of Lawsuit - Fonseca v. Fong, et al. - $73,000 - Pages: 7 ### File 120239: Settlement of Lawsuit - Preston, et al. v. CCSF, et al. - $100,000 - Pages: 7 ### File 120258: Settlement of Lawsuit - Bigeleisen v. CCSF - $30,000 - Pages: 7-8 ### File 120259: Settlement of Lawsuit - Donna Murray v. CCSF - $245,000 - Pages: 8 ### File 120161: Settlement of Claim - Sally Bowman - $70,000 - Pages: 8 ### File 120162: Settlement of Unlitigated Claim - James Murray - $43,500 - Pages: 8 ### File 120011: Appointment, Children and Families First Commission - Anda Kuo - Pages: 8 ### File 120172: Appointments, Workforce Investment Community Advisory Committee - Doug Parrish, Liz Jackson-Simpson, Winnie Yu, and Sheryl Davis - Pages: 8 ### File 120215: Appointments, In-Home Supportive Services Public Authority - Kenzi Robi, Gustavo Serina, and Luis Calderon - Pages: 8-9 ### File 120218: Appointments, Sweatfree Procurement Advisory Group - Jason Oringer, and Julienne Fisher - Pages: 9 - Vote 1: approval, likely final - Action: 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 ### File 120282: Contract Approval - Certain Improvements to Port Property for 34th America's Cup Event; Authorizing Waiver of Certain Bidding and Contracting Requirements - Pages: 9-10 - Vote 1: final-passage, likely final - Action: 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 ### File 111082: Campaign and Governmental Conduct and Municipal Elections Codes - Amending Public Financing Program - Pages: 10 - Vote 1: amendment - Action: 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 - Vote 2: final-passage, likely final - Action: Ordinance No. 064-12 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120246: Master License Agreement - Photovoltaic Power Projects - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 120253: Airline/Airport 2011 Lease and Use Agreement - Various Airlines - Pages: 10-11 - Vote 1: adoption, likely final - Action: 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 ### File 120260: Real Property Lease - Aardvark Storage Unlimited, Inc. - 600 Amador Street, Seawall Lot 344 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 120289: Apply for, Accept and Expend Grant - California Catalyst Community Grant Program - $1,350,000 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 111341: San Francisco Municipal Transportation Agency Revenue Bond Issuance - Not to Exceed $80,000,000 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 111354: Administrative Code - San Francisco Municipal Transportation Agency Revenue Bond - Pages: 11-12 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 12 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 12 - Vote 1: first-reading - Action: 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 ### File 120188: Planning, Building Codes - Fee Waiver Program - Small Business Month - May 2012 - Pages: 12-13 - Vote 1: first-reading - Action: 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 ### File 120286: Support for State and Federal Measures to Protect Homeowners and Suspension of Foreclosure Activities in San Francisco - Pages: 13 - Vote 1: amendment - Action: 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 - Vote 2: adoption, likely final - Action: Resolution No. 128-12 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120084: Planning Code - Eating and Drinking Establishment Definitions and Controls - Pages: 14 - Vote 1: amendment - Action: 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 - Vote 2: first-reading - Action: 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 ### File 120330: Closed Session - Update on Labor Negotiations - Pages: 15-16 - Vote 1: adoption, likely final - Action: 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 - Vote 2: rescission - Action: 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 - Vote 3: approval, likely final - Action: 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 - Vote 4: other - Action: 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 ### File 120304: Final Map 6393: 307 Page Street, and 265 Laguna Street - Pages: 16-17 ### File 120327: Urging Opposition to Governor Brown’s Proposal to Raise the Cal Grant Threshold - Pages: 17 - Vote 1: adoption, likely final - Action: 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 ### File 120324: Supporting Assembly Bill 1081 - The TRUST Act - Pages: 17 - Vote 1: continuance - Action: 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 ### File 120326: Urging the San Francisco Municipal Transportation Agency to Permit Strollers on Muni Vehicles - Pages: 17-18 - Vote 1: amendment - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: adoption, likely final - Action: 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 ### File 120348: Susan Mizner Day - April 10, 2012 - Pages: 18-19 - Vote 1: adoption, likely final - Action: 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 ### File 120351: Administrative Code - Police Department Participation in Federal Counterterrorism Activities - Pages: 19 ### File 120352: Planning Code - Housing Preservation and Production - Pages: 19 ### File 120353: Planning Code - Mechanical Car Wash Facilities on 19th Avenue - Pages: 19-20 ### File 120354: Wastewater Enterprise Commercial Paper Program - Not to Exceed $300,000,000 - Pages: 20 ### File 120357: Planning Code - Increase Maximum Floor Area Ratios and Create the Van Ness Medical Use Subdistrict Within the Van Ness Special Use District - California Pacific Medical Center: Cathedral Hill Campus - Pages: 20 ### File 120358: Planning Code - Increase Maximum Permitted Floor Area Ratio and Establish the Cesar Chavez/Valencia Streets Medical Use Special Use District - California Pacific Medical Center: St. Luke’s Campus - Pages: 20 ### File 120359: Zoning Map - California Pacific Medical Center: Cathedral Hill Campus - Pages: 20-21 ### File 120360: Zoning Map - California Pacific Medical Center: St. Luke’s Campus - Pages: 21 ### File 120361: Summary Street Vacation - Portion of San Jose Avenue - California Pacific Medical Center: St. Luke’s Campus - Pages: 21 ### File 120364: Changing the Official Sidewalk Widths - Portions of Post Street, Geary Boulevard, Geary Street, Cedar Street, Franklin Street, and Van Ness Avenue - California Pacific Medical Center: Cathedral Hill Campus - Pages: 21-22 ### File 120365: Changing the Official Sidewalk Widths - Portions of Cesar Chavez Street, Valencia Street and 27th Street - California Pacific Medical Center: St. Luke’s Campus - Pages: 22 ### File 120366: Development Agreement - Sutter West Bay Hospitals - California Pacific Medical Center - Pages: 22 ### File 120355: 2012 Water Revenue Bonds Issuance - Not to Exceed $667,000,000 - Pages: 22-23 ### File 120356: Urging the Planning Commission to Recommend Amendments to the General Plan Concerning Adoption of the California Pacific Medical Center Long Range Development Plan - Pages: 23 ### File 120362: Street Encroachments - Van Ness Avenue, Cedar Street, and Geary Boulevard - California Pacific Medical Center: Cathedral Hill Campus - Pages: 23 ### File 120363: Land Transfer Agreement - Sale of a Portion of San Jose Avenue Between 27th Street and Cesar Chavez Street - Sutter West Bay Hospitals California Pacific Medical Center: St. Luke’s Campus - Pages: 23 ### File 120367: Supporting New Initiatives to Improve Street Safety for All Users and the Creation of a Bicycle Citation Diversion Education Program - Pages: 23-24 ### File 120368: Endorsing the 2011 and 2012 Annual Language Access Ordinance Compliance Reports - Pages: 24 ### File 120369: Department of Children, Youth, and Their Families Children's Services Allocation Plan - Pages: 24 ### File 120370: Armenian Genocide Commemoration Day - April 24, 2012 - Pages: 24 ### File 120371: Urging the Director of HOPE to Convene a Shelter Reform Working Group - Pages: 24 ### File 120372: Hearing - City's Inclusionary Housing Laws - Pages: 24 ### File 120373: Hearing - City's Property Management Process - Pages: 24-25 ### File 120374: Hearing - Preparation of Students to Access Employment Opportunities in the Construction Industry - Pages: 25 ### File 120275: Administrative Code - Department of Building Inspection Cash Revolving Fund - Pages: 25 ### File 120276: Local Support for Cesar Chavez Streetscape Project - Pages: 25 ### File 120333: Acquisition of a Temporary Construction License by Eminent Domain - Central Subway/Third Street Light Rail Extension - 55 Stockton Street - Pages: 25-26 ### File 120335: Acquisition of a Temporary Construction License by Eminent Domain - Central Subway/Third Street Light Rail Extension - 233 Geary Street - Pages: 26 ### File 120337: Acquisition of a Temporary Construction License by Eminent Domain - Central Subway/Third Street Light Rail Extension - 77 O’Farrell Street - Pages: 26 ### File 120339: Acquisition of a Temporary Construction License By Eminent Domain - Central Subway/Third Street Light Rail Extension - 150 Stockton Street - Pages: 26-27 ## Extracted text ### [Page 1](https://sfbos.info/documents/24/2012-04-10-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, April 10, 2012 - 2:00 PM Legislative Chamber, Room 250 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, CHRISTINA OLAGUE, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Chu, Avalos, Kim, Cohen, Wiener 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Chu, Avalos, Kim 10:00 AM City and School District Select Committee 4th Thursday Supervisors Campos, Olague, Chiu, Commissioners Fewer, Maufas, Mendoza 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Elsbernd, Chu, Olague 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Farrell, Elsbernd, Chiu 1:00 PM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Avalos, Olague, Mar 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Farrell, Campos 1:30 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 107 Number 12 ### [Page 2](https://sfbos.info/documents/24/2012-04-10-minutes#page-2) Board of Supervisors Meeting Minutes 4/10/2012 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Christina Olague, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:05 p.m. On the call of the roll, Supervisor Cohen was noted absent. Supervisor Cohen was noted present at 2:06 p.m. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Campos, seconded by Supervisor Farrell, moved to approve the Board Meeting Minutes of March 6, 2012, and the March 7, 2012, Special Meeting Minutes at the Budget & Finance Committee Meeting (File Nos. 120061 and 120107). The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener COMMUNICATIONS Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of correspondence from the Mayor communicating the Mayor's Veto of legislation contained in File No. 120046 regarding participation in Federal counterterrorism activities. City and County of San Francisco Page 213 Printed at 2:40 pm on 5/16/12 ### [Page 3](https://sfbos.info/documents/24/2012-04-10-minutes#page-3) Board of Supervisors Meeting Minutes 4/10/2012 SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board 120313 [Formal Policy Discussions - April 10, 2012] Pursuant to Charter Sections 2.103 and 3.100(7), and Administrative Code Section 2.11, the Mayor shall answer the following eligible questions submitted from Supervisors representing District 4, 6, 8, 10. The Mayor may address the Board initially for up to five minutes. Discussion shall not exceed five minutes per Supervisor. 1. SPUR's Ocean Beach Master Plan is the result of a two year public process involving local, state, and federal agencies, as well as environmental groups, residents, and other key stakeholders. The plans goals include improving access, protecting and restoring ecological resources, while also protecting critical infrastructure as sea level rise and erosion concerns deepen. Having been briefed by the inter-agency steering committee on this work, what is your commitment to continuing this collaborative effort and in evaluating the feasibility of its near and long-term recommendations? (Supervisor Chu, District 4) 2. This past Thursday, I held a hearing at the Rules Committee regarding our shelter system and many of our senior constituents and constituents with disabilities shared their experience with the shelter system including their challenges in accessing shelter due to long lines waiting at reservation centers for long term beds and the futile chase around the city to multiple sites, their concerns around their safety while waiting in line and challenges of routinely getting one night beds. We understand that shelter is housing of last resort for over 1000 San Franciscan and our goal is to provide those people with permanent affordable housing. What specific initiatives could the Mayor's Office explore in conjunction with HSA, DPH, HOPE and Mayor's Office of Disability to make shelter reservations more accessible and also make capital improvements and on-site services in our shelters to accommodate our seniors and individuals with disabilities? (Supervisor Kim, District 6) 3. On January 24, 2012, I called for a hearing focusing on streetlight issues in the City. I have invited PG&E and various other City agencies to provide an update on efforts to address the frequent lack of responsiveness to community requests for maintenance of street lights and augmentation of sidewalk lighting for pedestrian safety. San Franciscans are frustrated. What do you think are the problems with street and sidewalk lighting, and will you work with me to find solutions? (Supervisor Wiener, District 8) 4. In District 10 we continue to have a number of public safety challenges. My office, the Police Department and members of the community have worked diligently to build strong relationships with one another and work together to address some of these challenges. However, the staffing levels at the Bayview and Ingleside Police stations continue to be lower than what is needed to service the district. Additionally, we are seeing more and more officers getting ready to retire in the near future. Are you supportive of increasing the number of police academy classes in this coming fiscal year? What are your strategies for ensuring that district stations have the resources they need to continue collaborative community policing strategies? (Supervisor Cohen, District 10) Mayor Edwin Lee addressed the Board of Supervisors and discussed the above referenced questions. Following public comment this matter was filed. No further action was taken. HEARD AND FILED City and County of San Francisco Page 214 Printed at 2:40 pm on 5/16/12 ### [Page 4](https://sfbos.info/documents/24/2012-04-10-minutes#page-4) Board of Supervisors Meeting Minutes 4/10/2012 CONSENT AGENDA Recommendations of the Budget and Finance Sub-Committee 120124 [Agreement - BAE Systems - Shoreside Power at Drydock #2 - Pier 70 - Not to Exceed $5,700,000] Sponsors: Mayor; Cohen and Chu Ordinance authorizing the Director of the Port to execute an agreement with BAE Systems San Francisco Ship Repair to install shoreside power equipment at Drydock #2 at Pier 70 for an amount not to exceed $5,700,000 and exempting the agreement from the contracting requirements of the Administrative Code and Environment Code. (Fiscal Impact) Ordinance No. 060-12 FINALLY PASSED 120222 [North Beach Branch Library - Environmental Findings and Bond Proceeds] Sponsors: Mayor; Chiu and Chu Ordinance adopting environmental findings with respect to the North Beach Branch Library and approving the expenditure on the North Beach Branch Library of bond proceeds of lease revenue bonds previously authorized and issued to finance various projects under the Branch Library Improvement Program, as further described herein; granting general authority to City officials to take certain actions in connection with the expenditure of bond proceeds; and ratifying previous actions taken in connection therewith. Ordinance No. 054-12 FINALLY PASSED 120223 [Appropriating $6,259,742 of Fund Balance and General Obligation Bond Proceed Interest Earnings to the Public Library in FY2011-2012] Sponsors: Mayor; Chiu and Chu Ordinance appropriating $6,259,742 consisting of $5,778,742 in Library Preservation Fund unappropriated fund balance and $481,000 in interest earnings from the Branch Library Improvement Program (BLIP) General Obligation Bond proceeds to the Public Library in FY2011-2012 for the completion of remaining projects in the BLIP. Ordinance No. 055-12 FINALLY PASSED City and County of San Francisco Page 215 Printed at 2:40 pm on 5/16/12 ### [Page 5](https://sfbos.info/documents/24/2012-04-10-minutes#page-5) Board of Supervisors Meeting Minutes 4/10/2012 Recommendation of the Government Audit and Oversight Committee 120189 [Memorandum of Understanding, Amendment 2 - Service Employees International Union, Local 1021] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 2 to the 2010-2012 Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021, by implementing specified terms and conditions of employment for FY2011-2012. Ordinance No. 056-12 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 110853 [Planning, Administrative Codes - Public Art Fee and Public Artwork Trust Fund] Sponsors: Mayor; Chiu Ordinance: 1) amending the San Francisco Planning Code Section 429 to provide that developers currently required to spend one percent (1%) of construction costs for public artwork on any new development project or addition to an existing building over 25,000 square feet located in a C-3 district have an option to contribute all or a portion of that fee to a City fund dedicated to support public art, and to extend the fee to all non-residential projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet and that have submitted their first complete Development Application on or after January 1, 2013, on the following parcels: (a) all parcels in RH-DTR, TB-DTR, SB-DTR, SLI, SLR, SSO, C-M, and UMU Districts; (b) properties that are zoned MUG, MOU, or MUR and that are north of Division/Duboce/13th Streets; and (c) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown Galleria Mall); 2) amending the San Francisco Administrative Code by adding Section 10.200-29 to establish a Public Artwork Trust Fund, funded through contributions and Public Art Fees, for the creation, installation, exhibition, conservation, preservation, and restoration of temporary and permanent public art and capital improvements to nonprofit art facilities within the C-3 district and within a half mile of the boundary of the C-3 district or, if the project is in another zoning district, within a half mile of the project boundary, to be administered and expended by the Arts Commission; and 3) 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. Ordinance No. 062-12 FINALLY PASSED City and County of San Francisco Page 216 Printed at 2:40 pm on 5/16/12 ### [Page 6](https://sfbos.info/documents/24/2012-04-10-minutes#page-6) Board of Supervisors Meeting Minutes 4/10/2012 111337 [Planning Code - Extension of Time for Legitimization of Existing Eastern Neighborhoods Uses] Sponsor: Cohen Ordinance amending the San Francisco Planning Code Section 179.1(b) to: 1) extend through November 12, 2012, the period of time in which existing uses in the Eastern Neighborhoods area that have operated without permits may file an application for determination of eligibility for legitimization; 2) establish a deadline within which the applicant must proceed with the legitimization process; and 3) make 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. Ordinance No. 061-12 FINALLY PASSED 120288 [Acceptance of Gift of Nursery for Golden Gate Park Botanical Garden] Sponsors: Mar; Olague and Chu Resolution accepting a gift-in-place to the City and County of San Francisco of the San Francisco Botanical Garden Nursery: Center for Sustainable Gardening valued at approximately $14,000,000; and making findings, including environmental findings. Resolution No. 125-12 ADOPTED Recommendations of the Rules Committee 120134 [Settlement of Lawsuit - Timothy Hoyt - $80,000] Ordinance authorizing settlement of the lawsuit filed by Timothy Hoyt against the City and County of San Francisco for $80,000; the lawsuit was filed on April 26, 2010, in U.S. District Court, Case No. CV 10-01778 RS; entitled Timothy Hoyt v. the City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 120163 [Settlement of Lawsuit - Patricia Banks - $50,000] Ordinance authorizing settlement of the lawsuit filed by Patricia Banks against the City and County of San Francisco for $50,000; the lawsuit was filed on August 5, 2009, in San Francisco Superior Court, Case No. CGC-09-491089; entitled Patricia Banks, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 120164 [Settlement of Lawsuit - Pacific States Environmental Contractors, Inc. - $425,000] Ordinance authorizing settlement of the lawsuit filed by Pacific States Environmental Contractors, Inc., against the City and County of San Francisco for $425,000; the lawsuit was filed on November 20, 2009, in San Mateo County Superior Court and subsequently transferred to San Francisco County Superior Court, Case No. CGC-10-501403; entitled Pacific States Environmental Contractors, Inc. v. City and County of San Francisco, et al.; other material terms of the settlement are: 1) mutual releases except for latent defects, 2) dismissal of the complaint with prejudice, and 3) each side to bear its own attorneys fees and costs. (City Attorney) PASSED, ON FIRST READING City and County of San Francisco Page 217 Printed at 2:40 pm on 5/16/12 ### [Page 7](https://sfbos.info/documents/24/2012-04-10-minutes#page-7) Board of Supervisors Meeting Minutes 4/10/2012 120181 [Settlement of Lawsuit - Christine Peterson - $34,000] Ordinance authorizing settlement of the lawsuit filed by Christine Peterson against the City and County of San Francisco for $34,000; the lawsuit was filed on November 25, 2009, in San Francisco Superior Court, Case No. CGC-09-494798 (Consolidated with Case No. CGC-10-500217); entitled Christine Peterson, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 120182 [Settlement of Lawsuit - Wilma Espinosa - $275,000] Ordinance authorizing settlement of the lawsuit filed by Wilma Espinosa against the City and County of San Francisco for $275,000; the lawsuit was filed on March 9, 2011, in San Francisco Superior Court, Case No. CGC-11-508999; entitled Wilma Espinosa, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 120187 [Settlement of Lawsuit - Airis v. CCSF, et al. - $7,500,000] Ordinance authorizing settlement of the lawsuit filed by Airis SFO, LLC, Airis Holdings, LLC, and Duane Morris LLP ("Airis") against the City and County of San Francisco (the "City") for $7,500,000; the lawsuit was filed on July 15, 2005, in San Mateo Superior Court, Case No. 448274, entitled Airis SFO, LLC, et al. v. City and County of San Francisco, et al.; other material terms include a full and final release by Airis of all claims for attorneys' fees, costs, and post judgment interest. (City Attorney) PASSED, ON FIRST READING 120238 [Settlement of Lawsuit - Fonseca v. Fong, et al. - $73,000] Ordinance authorizing settlement of the lawsuit filed by Charles Fonseca against the City and County of San Francisco for $73,000 in attorney's fees and costs; the lawsuit was filed on May 4, 2007, in San Francisco Superior Court, Case No. CPF-07-507227; entitled Fonseca v. Heather Fong, et al. (City Attorney) PASSED, ON FIRST READING 120239 [Settlement of Lawsuit - Preston, et al. v. CCSF, et al. - $100,000] Ordinance authorizing settlement of the lawsuit filed by Bonnie Preston against the City and County of San Francisco for $100,000; the lawsuit was filed on June 16, 2010, in San Francisco Superior Court, Case No. CGC-10-499015; entitled Bonnie Preston, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 120258 [Settlement of Lawsuit - Bigeleisen v. CCSF - $30,000] Ordinance authorizing settlement of the lawsuit filed by David Bigeleisen against the City and County of San Francisco for $30,000; the lawsuit was filed on February 3, 2011, in San Francisco Superior Court, Case No. CGC-11-507900; entitled David Bigeleisen, v. City and County of San Francisco, et al.; other material terms of said settlement are material terms. (City Attorney) PASSED, ON FIRST READING City and County of San Francisco Page 218 Printed at 2:40 pm on 5/16/12 ### [Page 8](https://sfbos.info/documents/24/2012-04-10-minutes#page-8) Board of Supervisors Meeting Minutes 4/10/2012 120259 [Settlement of Lawsuit - Donna Murray v. CCSF - $245,000] Ordinance authorizing settlement of the lawsuit filed by Donna Murray against the City and County of San Francisco for $245,000; the lawsuit was filed on September 22, 2010, in San Francisco Superior Court, Case No. CGC-10-503853; entitled Donna Murray v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 120161 [Settlement of Claim - Sally Bowman - $70,000] Resolution approving the settlement of the unlitigated claim filed by Sally Bowman against the City and County of San Francisco for $70,000; claim was filed on May 24, 2011. (City Attorney) Resolution No. 126-12 ADOPTED 120162 [Settlement of Unlitigated Claim - James Murray - $43,500] Resolution approving the settlement of the unlitigated claim filed by James Murray against the City and County of San Francisco for $43,500; claim was filed on April 06, 2011. (City Attorney) Resolution No. 127-12 ADOPTED 120011 [Appointment, Children and Families First Commission - Anda Kuo] Motion appointing Anda Kuo, term ending April 29, 2014, to the Children and Families First Commission. (Clerk of the Board) Motion No. M12-044 APPROVED 120172 [Appointments, Workforce Investment Community Advisory Committee - Doug Parrish, Liz Jackson-Simpson, Winnie Yu, and Sheryl Davis] Motion appointing Doug Parrish, term ending February 19, 2013, Liz Jackson-Simpson, Winnie Yu, and Sheryl Davis, terms ending February 19, 2014, to the Workforce Investment Community Advisory Committee. (Clerk of the Board) Motion No. M12-045 APPROVED 120215 [Appointments, In-Home Supportive Services Public Authority - Kenzi Robi, Gustavo Serina, and Luis Calderon] Motion appointing Kenzi Robi, Gustavo Serina, and Luis Calderon, terms ending March 1, 2015, to the In-Home Supportive Services Public Authority. (Clerk of the Board) Motion No. M12-046 APPROVED City and County of San Francisco Page 219 Printed at 2:40 pm on 5/16/12 ### [Page 9](https://sfbos.info/documents/24/2012-04-10-minutes#page-9) Board of Supervisors Meeting Minutes 4/10/2012 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener REGULAR AGENDA UNFINISHED BUSINESS From the Budget and Finance Sub-Committee Without Recommendation 120282 [Contract Approval - Certain Improvements to Port Property for 34th America's Cup Event; Authorizing Waiver of Certain Bidding and Contracting Requirements] Sponsor: Mayor Ordinance 1) authorizing 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 220 Printed at 2:40 pm on 5/16/12 ### [Page 10](https://sfbos.info/documents/24/2012-04-10-minutes#page-10) Board of Supervisors Meeting Minutes 4/10/2012 From the Rules Committee Without Recommendation 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: 8 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener Noes: 3 - Chu, Elsbernd, Farrell Ordinance No. 064-12 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 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: 11 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 221 Printed at 2:40 pm on 5/16/12 ### [Page 11](https://sfbos.info/documents/24/2012-04-10-minutes#page-11) Board of Supervisors Meeting Minutes 4/10/2012 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: 11 - 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: 11 - 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: 11 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 222 Printed at 2:40 pm on 5/16/12 ### [Page 12](https://sfbos.info/documents/24/2012-04-10-minutes#page-12) Board of Supervisors Meeting Minutes 4/10/2012 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: 11 - 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: 11 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 223 Printed at 2:40 pm on 5/16/12 ### [Page 13](https://sfbos.info/documents/24/2012-04-10-minutes#page-13) Board of Supervisors Meeting Minutes 4/10/2012 Recommendation of the Land Use and Economic Development Committee 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Resolution No. 128-12 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Avalos, seconded by Supervisor Chiu, 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, Olague, Wiener Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to Susan Mizner, Director, Mayor's Office on Disability in recognition of her service to the City and County of San Francisco. Supervisors Avalos, Chu, Kim, Mar, Wiener, and Olague shared in this recognition. Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to Stephen Golding of the Department of Emergency Management in recognition of being named 911 Dispatcher of the Year. City and County of San Francisco Page 224 Printed at 2:40 pm on 5/16/12 ### [Page 14](https://sfbos.info/documents/24/2012-04-10-minutes#page-14) Board of Supervisors Meeting Minutes 4/10/2012 COMMITTEE REPORT Recommendation of the Land Use and Economic Development Committee 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: 11 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. Supervisor Wiener was noted absent at 3:58 p.m. and noted present at 4:07 p.m. Supervisor Mar was noted absent at 3:58 p.m. and noted present at 4:05 p.m. Supervisor Chiu was noted absent at 4:05 p.m. and noted present at 4:22 p.m. Supervisor Farrell was noted absent at 4:05 p.m. and noted present at 4:15 p.m. Supervisor Olague was noted absent at 4:10 p.m. and noted present at 4:40 p.m. City and County of San Francisco Page 225 Printed at 2:40 pm on 5/16/12 ### [Page 15](https://sfbos.info/documents/24/2012-04-10-minutes#page-15) Board of Supervisors Meeting Minutes 4/10/2012 PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Francisco Da Costa, expressed various concerns. Peter Warfield; expressed concerns relating to the SF Public Library and redactions. Eugene Gordon, Jr.; expressed various religious concerns. Emil Lawrence; expressed various concerns. Male Speaker; expressed various concerns relating to housing. Walter Paulson; shared in song certain concerns with the Board. Allison Marshall; spoke expressing support for open strollers on MUNI. Sophie Hayward; spoke expressing support for open strollers on MUNI. Shauna; expressed support for medical cannabis. Carine Rashey; spoke expressing support for open strollers on MUNI. Todd David; spoke expressing support for open strollers on MUNI. Greg Ledbetter; expressed support for medical cannabis. Female Speaker; spoke expressing support for open strollers on MUNI. Bill Stephens; spoke regarding National Public Safety Communicators Week. David Barlow; expressed various concerns relating to the taxi cab industry. Edmund Juicy; expressed various concerns. Mark Trout; expressed various religious concerns. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS 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: 11 - 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: 11 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 226 Printed at 2:40 pm on 5/16/12 ### [Page 16](https://sfbos.info/documents/24/2012-04-10-minutes#page-16) Board of Supervisors Meeting Minutes 4/10/2012 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Olague, Wiener Absent: 1 - Kim FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Cohen was noted absent at 4:34 p.m. and noted present at 4:49 p.m. 120304 [Final Map 6393: 307 Page Street, and 265 Laguna Street] Motion approving Final Map 6393, a Six Unit Residential, One Unit Commercial Mixed-Use Condominium Project, located at 307 Page Street, and 265 Laguna Street; being a subdivision of Assessor’s Block No. 0851, Lot No. 001; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M12-049 APPROVED City and County of San Francisco Page 227 Printed at 2:40 pm on 5/16/12 ### [Page 17](https://sfbos.info/documents/24/2012-04-10-minutes#page-17) Board of Supervisors Meeting Minutes 4/10/2012 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: 10 - Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - Cohen Severed from the For Adoption Without Committee Reference Agenda Supervisor Elsbernd requested that File No. 120324 be severed so that it may be considered separately. 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: 10 - Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - Cohen Supervisors Chiu and Wiener requested that File No. 120326 be severed so that it may be considered separately. 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: 10 - Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - Cohen City and County of San Francisco Page 228 Printed at 2:40 pm on 5/16/12 ### [Page 18](https://sfbos.info/documents/24/2012-04-10-minutes#page-18) 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: 10 - Avalos, Campos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener IMPERATIVE AGENDA Supervisor Elsbernd was noted absent at 3:44 p.m. and noted present at 3:55 p.m. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Avalos, seconded by Supervisor Campos, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - Elsbernd [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 Avalos, seconded by Supervisor Campos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - Elsbernd 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 229 Printed at 2:40 pm on 5/16/12 ### [Page 19](https://sfbos.info/documents/24/2012-04-10-minutes#page-19) Board of Supervisors Meeting Minutes 4/10/2012 LEGISLATION INTRODUCED AT ROLL CALL Pursuant to Charter Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Pursuant to Section 2.8 of the Rules of Order of the Board of Supervisors, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board and introduced by the President. Introduced by a Supervisor or the Mayor Ordinances 120351 [Administrative Code - Police Department Participation in Federal Counterterrorism Activities] Sponsors: Kim; Avalos, Campos, Chiu, Olague, Mar, Wiener and Cohen Ordinance amending the San Francisco Administrative Code by adding Section 2A.74 to: 1) set City policy regarding Police Department participation in federal counterterrorism activities; 2) require a public discussion at the Police Commission before the execution of any Memorandum of Understanding with the Federal Bureau of Investigation regarding the Joint Terrorism Task Force; and 3) set an annual reporting requirement. 04/10/12; ASSIGNED to Public Safety Committee. 120352 [Planning Code - Housing Preservation and Production] Sponsors: Olague; Kim, Campos and Mar Ordinance amending the San Francisco Planning Code by: 1) adding Article 5 to implement San Francisco's housing preservation and production policies and goals; 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. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120353 [Planning Code - Mechanical Car Wash Facilities on 19th Avenue] Sponsors: Olague; Chu and Elsbernd Ordinance amending the San Francisco Planning Code by adding Section 187.2 to permit existing gasoline and service stations located on 19th Avenue to provide a mechanical car wash on the same site; making environmental findings and findings of consistency with the General Plan. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. City and County of San Francisco Page 230 Printed at 2:40 pm on 5/16/12 ### [Page 20](https://sfbos.info/documents/24/2012-04-10-minutes#page-20) Board of Supervisors Meeting Minutes 4/10/2012 120354 [Wastewater Enterprise Commercial Paper Program - Not to Exceed $300,000,000] Sponsor: Chu Ordinance authorizing an increase of the Wastewater Enterprise's Commercial Paper Program to an amount not to exceed $300,000,000 to be issued from time to time by the San Francisco Public Utilities Commission to finance various capital projects benefitting the Wastewater Enterprise each pursuant to amendments to the Charter of the City and County of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection therewith. (Fiscal Impact) 04/10/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 120357 [Planning Code - Increase Maximum Floor Area Ratios and Create the Van Ness Medical Use Subdistrict Within the Van Ness Special Use District - California Pacific Medical Center: Cathedral Hill Campus] Sponsor: Mayor Ordinance amending the San Francisco Planning Code Section 124 to: 1) allow a floor area ratio of 9:1 for a hospital and 7.5:1 for a medical office building within the Van Ness Special Use District, Medical Use Subdistrict; 2) amend Section 243 to include the establishment of the Van Ness Medical Use Subdistrict and associated controls; and 3) adopt findings, including 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. (Economic Impact) 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120358 [Planning Code - Increase Maximum Permitted Floor Area Ratio and Establish the Cesar Chavez/Valencia Streets Medical Use Special Use District - California Pacific Medical Center: St. Luke’s Campus] Sponsor: Mayor Ordinance amending the San Francisco Planning Code by: 1) adding Section 124(k) to allow a floor area ratio of 2.5 to 1 in the Cesar Chavez/Valencia Streets Medical Use Special Use District; 2) adding Section 249.68 to establish the Cesar Chavez/Valencia Streets Medical Use Special Use District; and 3) adopting findings, including 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. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120359 [Zoning Map - California Pacific Medical Center: Cathedral Hill Campus] Sponsor: Mayor Ordinance amending the San Francisco Planning Code Sectional Maps SU02 and HT02 of the Zoning Map of the City and County of San Francisco to: 1) reflect the creation of the Van Ness Medical Use Subdistrict at Assessor's Block Nos. 0695 (Lot Nos. 005, 006) and 0694 (Lot Nos. 005, 006, 007, 008, 009, 009A, 010); 2) allow an increase in height at Assessor's Block No. 0695 (Lot Nos. 005, 006) in order to allow for a new seismically safe hospital; and 3) adopt findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. City and County of San Francisco Page 231 Printed at 2:40 pm on 5/16/12 ### [Page 21](https://sfbos.info/documents/24/2012-04-10-minutes#page-21) Board of Supervisors Meeting Minutes 4/10/2012 120360 [Zoning Map - California Pacific Medical Center: St. Luke’s Campus] Sponsor: Mayor Ordinance amending the San Francisco Planning Code Sectional Maps SU07 and HT07 of the Zoning Map of the City and County of San Francisco to: 1) reflect the creation of the Cesar Chavez/Valencia Streets Medical Use Special Use District at the California Pacific Medical Center’s St. Luke’s Campus (Block No. 6575, Lot Nos. 001 and 002; Block No. 6576, Lot No. 021; and a portion of San Jose Avenue between Cesar Chavez and 27th Streets); 2) allow an increase in height throughout the western portion of the California Pacific Medical Center’s St. Luke’s Campus (Block No. 6576, Lot No. 021; and a portion of San Jose Avenue between Cesar Chavez and 27th Streets) in order to allow for a new seismically safe replacement hospital; and 3) adopt findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120361 [Summary Street Vacation - Portion of San Jose Avenue - California Pacific Medical Center: St. Luke’s Campus] Sponsor: Mayor Ordinance ordering the summary street vacation of a portion of San Jose Avenue, between 27th Street and Cesar Chavez Street; rescinding an existing encroachment permit; adopting environmental findings pursuant to the California Environmental Quality Act and findings that the action contemplated herein are consistent with the San Francisco General Plan and eight priority policies of San Francisco Planning Code Section 101.1; and authorizing official acts in connection with this ordinance. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120364 [Changing the Official Sidewalk Widths - Portions of Post Street, Geary Boulevard, Geary Street, Cedar Street, Franklin Street, and Van Ness Avenue - California Pacific Medical Center: Cathedral Hill Campus] Sponsor: Mayor Ordinance: 1) amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” by adding thereto Section 1596 to change the official sidewalk width of: a) the southerly side of Post Street starting at the southeast intersection with Franklin Street continuing east to the southwest intersection with Van Ness Avenue; b) the northerly side of Geary Boulevard starting at the northeast intersection with Franklin Street continuing east to the northwest intersection with Van Ness Avenue; c) the northerly side of Geary Street starting at the northeast intersection of Van Ness Avenue continuing east 325 feet; d) both sides of Cedar Street starting at the intersection with Van Ness Avenue continuing east to the intersection with Polk Street; e) the westerly side of Van Ness Avenue starting at the intersection with Geary Boulevard continuing north to the intersection with Post Street; and f) the easterly side of Van Ness Avenue starting at the intersection with Geary Street continuing north to the intersection with Cedar Street; 2) making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and 3) requiring relocation, modification, or both of facilities affected by the sidewalk width change. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. City and County of San Francisco Page 232 Printed at 2:40 pm on 5/16/12 ### [Page 22](https://sfbos.info/documents/24/2012-04-10-minutes#page-22) Board of Supervisors Meeting Minutes 4/10/2012 120365 [Changing the Official Sidewalk Widths - Portions of Cesar Chavez Street, Valencia Street and 27th Street - California Pacific Medical Center: St. Luke’s Campus] Sponsor: Mayor Ordinance: 1) amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” by adding thereto Section 1591 to change the official sidewalk width of: a) the southerly side of Cesar Chavez Street starting at the southeast intersection with Guerrero Street continuing east to the southwest intersection with Valencia Street; b) the westerly side of Valencia Street, starting at the southwest intersection with Cesar Chavez Street continuing south to the northwest intersection with Duncan Street; and c) the northern portion of 27th Street starting at the intersection of 27th Street and San Jose Avenue and continuing west for 44.24 feet; 2) making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and 3) requiring relocation, modification, or both of facilities affected by the sidewalk width change. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120366 [Development Agreement - Sutter West Bay Hospitals - California Pacific Medical Center] Sponsor: Mayor Ordinance: 1) approving a Development Agreement between the City and County of San Francisco and Sutter West Bay Hospitals, for certain real property associated with the California Pacific Medical Center Long Range Development Plan located at various locations in the City and County of San Francisco and generally referred to as the St. Luke's Campus, Cathedral Hill (Van Ness and Geary) Campus, Davies Campus, Pacific Campus, and California Campus; 2) making findings under the California Environmental Quality Act, findings of conformity with the City's General Plan and with the eight priority policies of Planning Code Section 101.1(b); and 3) waiving certain provisions of Administrative Code Chapter 56, and ratifying certain actions taken in connection therewith. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. Resolutions 120355 [2012 Water Revenue Bonds Issuance - Not to Exceed $667,000,000] Sponsor: Chu Resolution approving the issuance of water revenue bonds to be issued by the Public Utilities Commission of the City and County of San Francisco not to exceed $675,000,000 to finance various projects under the Water System Improvement Program pursuant to amendments to the Charter of the City and County of San Francisco enacted by voters on November 5, 2002, as Proposition E; the issuance of water revenue bonds to be issued by the Public Utilities Commission of the City and County of San Francisco not to exceed $17,000,000 to finance the reimbursement of certain legal settlement costs related to various projects under the Capital Improvement Program pursuant to Proposition A of 2002 enacted by voters on November 5, 2002; the issuance of water revenue refunding bonds to be issued by the Public Utilities Commission of the City and County of San Francisco pursuant to the Charter of the City and County of San Francisco; affirming covenants contained in the indenture pursuant to which the water revenue bonds are issued; authorizing the taking of appropriate actions in connection therewith; and related matters. (Fiscal Impact) 04/10/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. City and County of San Francisco Page 233 Printed at 2:40 pm on 5/16/12 ### [Page 23](https://sfbos.info/documents/24/2012-04-10-minutes#page-23) Board of Supervisors Meeting Minutes 4/10/2012 120356 [Urging the Planning Commission to Recommend Amendments to the General Plan Concerning Adoption of the California Pacific Medical Center Long Range Development Plan] Sponsor: Mayor Resolution urging the Planning Commission to recommend amendments to the General Plan to make the General Plan consistent with near-term projects at the Cathedral Hill and St. Luke’s Campuses described in California Pacific Medical Center’s Long Range Development Plan. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120362 [Street Encroachments - Van Ness Avenue, Cedar Street, and Geary Boulevard - California Pacific Medical Center: Cathedral Hill Campus] Sponsor: Mayor Resolution: 1) granting revocable permission to the California Pacific Medical Center to a) occupy a portion of the public right-of way on Van Ness Avenue in order to construct and maintain a pedestrian tunnel under Van Ness Avenue (State Highway 101) to connect the new medical office building and the new hospital located at 1100 and 1101 Van Ness Avenue respectively; b) construct and maintain off-site improvements on the north side of Cedar Street between Van Ness Avenue and Polk Street, across the street from the medical office building and on the south side of Cedar Street contiguous to the property at 1001 Polk Street (Block No. 0694, Lot No. 004), including reconstructing and widening the existing sidewalk, installing new landscaping and reconstructing the existing roadway with pavers; and c) install and maintain two 30,000 gallon diesel fuel tanks within the public right of way under Geary Boulevard between Franklin Street and Van Ness Avenue, in order to serve the hospital at 1101 Van Ness Avenue; and 2) making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120363 [Land Transfer Agreement - Sale of a Portion of San Jose Avenue Between 27th Street and Cesar Chavez Street - Sutter West Bay Hospitals California Pacific Medical Center: St. Luke’s Campus] Sponsor: Mayor Resolution authorizing the Director of Property to execute a Land Transfer Agreement with Sutter West Bay Hospitals, doing business as California Pacific Medical Center, for the future conveyance by the City and County of San Francisco to California Pacific Medical Center of real property consisting of a portion of San Jose Avenue between 27th Street and Cesar Chavez Street; and making findings, including findings under the California Environmental Quality Act and findings of consistency with the General Plan and Planning Code Section 101.1. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 120367 [Supporting New Initiatives to Improve Street Safety for All Users and the Creation of a Bicycle Citation Diversion Education Program] Sponsors: Chiu and Kim Resolution supporting new initiatives to improve street safety for all users and to create a new Citation Diversion Education Program for bicyclists. 04/10/12; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 234 Printed at 2:40 pm on 5/16/12 ### [Page 24](https://sfbos.info/documents/24/2012-04-10-minutes#page-24) Board of Supervisors Meeting Minutes 4/10/2012 120368 [Endorsing the 2011 and 2012 Annual Language Access Ordinance Compliance Reports] Sponsor: Chiu Resolution endorsing “Language Matters: Language Access Ordinance Annual Compliance Summary Report, July 2011” and “Language Access Ordinance Annual Compliance Summary Report, March 2012,” issued by the Office of Civic Engagement and Immigrant Affairs. 04/10/12; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 120369 [Department of Children, Youth, and Their Families Children's Services Allocation Plan] Sponsor: Chu Resolution approving the Community Needs Assessment developed by the Department of Children, Youth and Their Families in accordance with Section 16.108 of the San Francisco Charter. 120370 [Armenian Genocide Commemoration Day - April 24, 2012] Sponsor: Elsbernd Resolution declaring April 24, 2012, as Armenian Genocide Commemoration Day in the City and County of San Francisco. 120371 [Urging the Director of HOPE to Convene a Shelter Reform Working Group] Sponsors: Kim; Campos Resolution urging the Director of HOPE to convene a working group to develop a series of recommendations on how the city can improve access to shelter for all, improve programming within the shelter, and explore opportunities to better assess the health needs of shelter clients. Requests for Hearing 120372 [Hearing - City's Inclusionary Housing Laws] Sponsor: Chiu Hearing to review the City's inclusionary housing laws, including an evaluation of development impact at different housing sizes. 04/10/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120373 [Hearing - City's Property Management Process] Sponsor: Farrell Hearing on the City and County of San Francisco's property management process, including the Director of Property to clearly define how the City and County of San Francisco manages its property; will examine for each City department what property is being utilized and what property is currently left vacant and/or underutilized; and will discuss improvements to the system to better fiscally manage our real estate inventory. 04/10/12; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 235 Printed at 2:40 pm on 5/16/12 ### [Page 25](https://sfbos.info/documents/24/2012-04-10-minutes#page-25) Board of Supervisors Meeting Minutes 4/10/2012 120374 [Hearing - Preparation of Students to Access Employment Opportunities in the Construction Industry] Sponsor: Olague Hearing requesting the San Francisco Unified School District, Office of Economic and Workforce Development, and other workforce and labor partners to report on the status and progress of current career vocational training programs and apprenticeship programs that prepare students to access employment opportunities in the construction industry. 04/10/12; RECEIVED AND ASSIGNED to City and School District Select Committee. Introduced by the President at the Request of a Department PROPOSED ORDINANCE 120275 [Administrative Code - Department of Building Inspection Cash Revolving Fund] Ordinance amending San Francisco Administrative Code Section 10.135 to increase the cash revolving fund of the Department of Building Inspection from $2,000 to $4,500. (Building Inspection Commission) 04/02/12; RECEIVED FROM DEPARTMENT. 04/10/12; ASSIGNED to Budget and Finance Committee. PROPOSED RESOLUTIONS 120276 [Local Support for Cesar Chavez Streetscape Project] Resolution re-directing a $3,367,985 Congestion Management Agency Block Grant from the Second Street Streetscape Project to the Cesar Chavez Streetscape Project; affirming local support of the project; reiterating commitment of the necessary non-federal match of $436,358; and stating assurance to complete the project. (Public Works Department) 04/02/12; RECEIVED FROM DEPARTMENT. 04/10/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120333 [Acquisition of a Temporary Construction License by Eminent Domain - Central Subway/Third Street Light Rail Extension - 55 Stockton Street] Resolution authorizing the acquisition of a temporary construction license at the real property commonly known as 55 Stockton Street, San Francisco, California, Assessor's Parcel Block No. 0327, Lot Nos. 001, 002, 003, and 020, by eminent domain for the public purpose of constructing the Central Subway/Third Street Light Rail Extension and other improvements; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Municipal Transportation Agency) 04/02/12; RECEIVED FROM DEPARTMENT. 04/10/12; RECEIVED AND ASSIGNED to Board of Supervisors. City and County of San Francisco Page 236 Printed at 2:40 pm on 5/16/12 ### [Page 26](https://sfbos.info/documents/24/2012-04-10-minutes#page-26) Board of Supervisors Meeting Minutes 4/10/2012 120335 [Acquisition of a Temporary Construction License by Eminent Domain - Central Subway/Third Street Light Rail Extension - 233 Geary Street] Resolution authorizing the acquisition of a temporary construction license at the real property commonly known as 233 Geary Street, San Francisco, California, Assessor's Parcel Block No. 0314, Lot No. 001, by eminent domain for the public purpose of constructing the Central Subway/Third Street Light Rail Extension and other improvements; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Municipal Transportation Agency) 04/02/12; RECEIVED FROM DEPARTMENT. 04/10/12; RECEIVED AND ASSIGNED to Board of Supervisors. 120337 [Acquisition of a Temporary Construction License by Eminent Domain - Central Subway/Third Street Light Rail Extension - 77 O’Farrell Street] Resolution authorizing the acquisition of a temporary construction license at the real property commonly known as 77 O’Farrell Street, San Francisco, California, Assessor's Parcel Block No. 0328, Lot Nos. 003 and 004, by eminent domain for the public purpose of constructing the Central Subway/Third Street Light Rail Extension and other improvements; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Municipal Transportation Agency) 04/02/12; RECEIVED FROM DEPARTMENT. 04/10/12; RECEIVED AND ASSIGNED to Board of Supervisors. 120339 [Acquisition of a Temporary Construction License By Eminent Domain - Central Subway/Third Street Light Rail Extension - 150 Stockton Street] Resolution authorizing the acquisition of a temporary construction license at the real property commonly known as 150 Stockton Street, San Francisco, California, Assessor's Parcel Block No. 0313, Lot No. 018, by eminent domain for the public purpose of constructing the Central Subway/Third Street Light Rail Extension and other improvements; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 04/02/12; RECEIVED FROM DEPARTMENT. 04/10/12; RECEIVED AND ASSIGNED to Board of Supervisors. In Memoriams Tshering Rinzing Bhutia – Supervisor Chu Sut Chi Hui – Supervisors Wiener and Chiu Rosario Nepomuceno – Supervisor Elsbernd Rory Staunton – Supervisor Elsbernd Shantanae Marie Todd – Supervisor Kim City and County of San Francisco Page 237 Printed at 2:40 pm on 5/16/12 ### [Page 27](https://sfbos.info/documents/24/2012-04-10-minutes#page-27) Board of Supervisors Meeting Minutes 4/10/2012 ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:38 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 May 15, 2012. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 238 Printed at 2:40 pm on 5/16/12