# Board of Supervisors Minutes: April 17, 2012

- Meeting date: 2012-04-17
- Document type: minutes
- Pages in official PDF: 18
- [Canonical HTML transcript](https://sfbos.info/documents/26/2012-04-17-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=193380&GUID=9A337E1D-E48E-4607-837B-29189C48E0AF)

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

## Structured legislative records

### File 111354: Administrative Code - San Francisco Municipal Transportation Agency Revenue Bond

- Pages: 3

### 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: 3

### 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: 3-4

### File 120188: Planning, Building Codes - Fee Waiver Program - Small Business Month - May 2012

- Pages: 4

### File 120126: Accept and Expend Grant - Existing Commercial Buildings Energy Performance Policy Implementation - $180,000

- Pages: 4

### File 120134: Settlement of Lawsuit - Timothy Hoyt - $80,000

- Pages: 4

### File 120163: Settlement of Lawsuit - Patricia Banks - $50,000

- Pages: 4-5

### File 120164: Settlement of Lawsuit - Pacific States Environmental Contractors, Inc. - $425,000

- Pages: 5

### File 120181: Settlement of Lawsuit - Christine Peterson - $34,000

- Pages: 5

### File 120182: Settlement of Lawsuit - Wilma Espinosa - $275,000

- Pages: 5

### File 120187: Settlement of Lawsuit - Airis v. CCSF, et al. - $7,500,000

- Pages: 5

### File 120238: Settlement of Lawsuit - Fonseca v. Fong, et al. - $73,000

- Pages: 5-6

### File 120239: Settlement of Lawsuit - Preston, et al. v. CCSF, et al. - $100,000

- Pages: 6

### File 120258: Settlement of Lawsuit - Bigeleisen v. CCSF - $30,000

- Pages: 6

### File 120259: Settlement of Lawsuit - Donna Murray v. CCSF - $245,000

- Pages: 6-7
- Vote 1: final-passage, likely final
  - Action: 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) Ordinance No. 074-12 FINALLY PASSED The foregoing items were acted upon by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120084: Planning Code - Eating and Drinking Establishment Definitions and Controls

- Pages: 7
- Vote 1: final-passage, likely final
  - Action: 120084 [Planning Code - Eating and Drinking Establishment Definitions and Controls] Sponsors: Wiener; Olague, Chu, Mar, Kim and Cohen 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. Ordinance No. 075-12 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120082: Administrative Code - Benefit Corporation Discount

- Pages: 7-8
- Vote 1: first-reading
  - Action: 120082 [Administrative Code - Benefit Corporation Discount] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code by adding Chapter 14C, Sections 14C.1 through 14C.3 to provide for a downward adjustment in price or upward adjustment in rating of a proposal or bid from a California Benefit Corporation for a competitively-solicited City contract. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120237: Airport Professional Services Agreement - New South Parking - California - Not to Exceed $95,969,983

- Pages: 8
- Vote 1: adoption, likely final
  - Action: 120237 [Airport Professional Services Agreement - New South Parking - California - Not to Exceed $95,969,983] Resolution approving the Professional Services Agreement for the management and operation of the Airport’s Public and Employee Parking between New South Parking - California and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 133-12 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120245: Contract Amendment - Netsmart New York, Inc. - Not to Exceed $31,786,819

- Pages: 8
- Vote 1: adoption, likely final
  - Action: 120245 [Contract Amendment - Netsmart New York, Inc. - Not to Exceed $31,786,819] Sponsor: Mayor Resolution authorizing the Department of Public Health to execute a contract amendment with Netsmart New York, Inc., to acquire product enhancements and extend the initial term of the agreement for an amended term of August 1, 2008, through June 30, 2018. Resolution No. 134-12 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120305: San Francisco Summer Jobs+ Campaign

- Pages: 8-9
- Vote 1: continuance
  - Action: 120305 [San Francisco Summer Jobs+ Campaign] Sponsors: Olague; Campos, Avalos, Kim, Chu and Mar Resolution urging the Mayor to launch a San Francisco Summer Jobs+ Campaign by identifying private and public sector funds, securing private sector job opportunities, and developing infrastructure to manage internships so as to increase the summer employment opportunities for San Francisco’s disconnected young people. Supervisor Mar requested to be added as a co-sponsor. Supervisor Campos, seconded by Supervisor Cohen, moved that this Resolution be CONTINUED to April 24, 2012. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120298: Appointment, Health Commission - Bell Taylor-McGhee

- Pages: 9
- Vote 1: approval, likely final
  - Action: 120298 [Appointment, Health Commission - Bell Taylor-McGhee] Motion approving the Mayor's appointment of Belle Taylor-McGhee, term ending January 15, 2016, to the Health Commission. (Clerk of the Board) (Charter Section 3.100-18 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - March 19, 2012.) Motion No. M12-050 APPROVED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120324: Supporting Assembly Bill 1081 - The TRUST Act

- Pages: 10

### File 120370: Armenian Genocide Commemoration Day - April 24, 2012

- Pages: 10

### File 120371: Urging the Director of HOPE to Convene a Shelter Reform Working Group

- Pages: 10-11
- Vote 1: adoption, likely final
  - Action: 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. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 137-12 ADOPTED The foregoing items were acted upon by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120369: Department of Children, Youth, and Their Families Children's Services Allocation Plan

- Pages: 11
- Vote 1: amendment
  - Action: 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. Supervisor Chu, seconded by Supervisor Mar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague
- Vote 2: continuance
  - Action: Resolution approving the Children's Services Allocation Plan developed by the Department of Children, Youth, and Their Families in accordance with Section 16.108 of the San Francisco Charter. Supervisor Chu, seconded by Supervisor Mar, moved that this Resolution be CONTINUED AS AMENDED to April 24, 2012. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Excused: Olague

### File 120377: Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Small Business Net New Payroll - 2012 through 2015

- Pages: 11-12

### File 120378: Administrative Code - Establishing a Lesbian, Gay, Bisexual, and Transgender Seniors Task Force

- Pages: 12

### File 120379: Appropriating $58,700,580 Consisting of $45,000,000 of Certificate of Participation Proceeds, $4,539,337 of Fund Balance and Re-Appropriating $9,161,243 to the Port Commission in FY2011-2012

- Pages: 12

### File 120380: Certificates of Participation for Various Port Projects - Not to Exceed $45,000,000

- Pages: 12-13

### File 120381: Apply for, Accept, and Expend Grant - Housing Opportunities for Persons with AIDS Program - $12,180,724

- Pages: 13

### File 120382: Apply for, Accept, and Expend Grant - HOME Program - $3,985,888

- Pages: 13

### File 120383: Apply for, Accept, and Expend Grant - Emergency Shelter Grants Program - $2,151,775

- Pages: 13

### File 120384: Apply for, Accept, and Expend Grant - Community Development Block Grant Program - $17,734,214

- Pages: 13

### File 120385: Real Property Lease Amendment - Sixth Street Baldwin House, LLC - 72-6th Street

- Pages: 13-14

### File 120386: Accept and Expend Grant - Zellerbach Family Foundation - $37,000

- Pages: 14

### File 120387: Wastewater Enterprise Agreement - Central Bayside System Improvements Project - Not to Exceed $30,000,000

- Pages: 14

### File 120388: Accept and Expend Grant - GreenFinanceSF - $200,608

- Pages: 14

### File 120389: Poems Under the Dome Day - April 27, 2012

- Pages: 14

### File 120390: Supporting Assembly Bill 1990 - “Solar for All”

- Pages: 14

### File 120391: Supporting The Bay Lights Fine Art Installation and Public Works Project

- Pages: 14-15

### File 120392: Accept and Expend Grant - Plug-In Electric Vehicle Infrastructure Readiness Planning - $49,957

- Pages: 15

### File 120331: Committees of the Whole - Public Hearings to Acquire Temporary Construction Licenses at Various Real Properties by Eminent Domain for Central Subway/Third Street Light Rail Extension - May 1, 2012

- Pages: 15

### File 120396: Outside Counsel - Official Misconduct Proceedings

- Pages: 15

### File 120393: Hearing - Student Drop-Out Rates

- Pages: 15

### File 120394: Hearing - Mayor's OEWD and the Controller's Office of Economic Strategy Update: Phase 1 Findings

- Pages: 15-16

### File 120395: Hearing - California's Public Safety Realignment Policy

- Pages: 16

### File 120014: Airport Lease - Alclear, LLC

- Pages: 16

### File 120015: Airport Lease and Operating Agreement - Smarte Carte, Inc. - Not to Exceed $9,406,000

- Pages: 16

### File 120016: Street Encroachment - Outdoor Child Play Area - Redwood Street

- Pages: 16-18

## Extracted text

### [Page 1](https://sfbos.info/documents/26/2012-04-17-minutes#page-1)

BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO


                                   MEETING MINUTES

                                     Tuesday, April 17, 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 13

### [Page 2](https://sfbos.info/documents/26/2012-04-17-minutes#page-2)

Board of Supervisors                             Meeting Minutes                                              4/17/2012

 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd,
                  Mark Farrell, Jane Kim, Eric Mar, and Scott Wiener




ROLL CALL AND PLEDGE OF ALLEGIANCE
            The meeting was called to order at 2:06 p.m. On the call of the roll, Supervisor Olague was noted
            absent. There was a quorum.



Supervisor Olague Excused from Voting
            Supervisor Campos, seconded by Supervisor Farrell, moved that Supervisor Olague be excused from
            voting. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague



AGENDA CHANGES
            There were none.



APPROVAL OF MEETING MINUTES
            Supervisor Campos, seconded by Supervisor Farrell, moved to approve the Board Meeting Minutes of
            March 13, 2012. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague



COMMUNICATIONS
            There were none.




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Board of Supervisors                             Meeting Minutes                                               4/17/2012




CONSENT AGENDA


Recommendations of the Budget and Finance Sub-Committee

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.
            (Fiscal Impact)
            Ordinance No. 057-12
            FINALLY PASSED


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.
            Ordinance No. 058-12
            FINALLY PASSED


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.
            Ordinance No. 059-12
            FINALLY PASSED




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Board of Supervisors                             Meeting Minutes                                               4/17/2012



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.
            Supervisors Mar and Kim requested to be added as co-sponsors.
            Ordinance No. 063-12
            FINALLY PASSED




Recommendation of the Land Use and Economic Development Committee

120126 [Accept and Expend Grant - Existing Commercial Buildings Energy Performance
       Policy Implementation - $180,000]
            Sponsor: Chiu
            Resolution authorizing the Department of the Environment to retroactively accept and expend a
            grant in the amount of $180,000 from the Kresge Foundation to implement the Existing
            Commercial Buildings Energy Performance Ordinance (San Francisco Environment Code Chapter
            20).
            Resolution No. 132-12
            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)
            Ordinance No. 065-12
            FINALLY PASSED


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)
            Ordinance No. 066-12
            FINALLY PASSED




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Board of Supervisors                             Meeting Minutes                                                4/17/2012



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)
            Ordinance No. 067-12
            FINALLY PASSED


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)
            Ordinance No. 068-12
            FINALLY PASSED


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)
            Ordinance No. 069-12
            FINALLY PASSED


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)
            Ordinance No. 070-12
            FINALLY PASSED


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)
            Ordinance No. 071-12
            FINALLY PASSED




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Board of Supervisors                             Meeting Minutes                                              4/17/2012



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)
            Ordinance No. 072-12
            FINALLY PASSED


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)
            Ordinance No. 073-12
            FINALLY PASSED


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)
            Ordinance No. 074-12
            FINALLY PASSED

            The foregoing items were acted upon by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague




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Board of Supervisors                              Meeting Minutes                                                 4/17/2012




REGULAR AGENDA


UNFINISHED BUSINESS


Recommendation of the Land Use and Economic Development Committee

120084 [Planning Code - Eating and Drinking Establishment Definitions and Controls]
            Sponsors: Wiener; Olague, Chu, Mar, Kim and Cohen
            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.
            Ordinance No. 075-12
            FINALLY PASSED by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague



NEW BUSINESS


Recommendations of the Budget and Finance Sub-Committee

120082 [Administrative Code - Benefit Corporation Discount]
            Sponsor: Chiu
            Ordinance amending the San Francisco Administrative Code by adding Chapter 14C, Sections
            14C.1 through 14C.3 to provide for a downward adjustment in price or upward adjustment in rating
            of a proposal or bid from a California Benefit Corporation for a competitively-solicited City contract.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague




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Board of Supervisors                             Meeting Minutes                                             4/17/2012



120237 [Airport Professional Services Agreement - New South Parking - California - Not to
       Exceed $95,969,983]
            Resolution approving the Professional Services Agreement for the management and operation of
            the Airport’s Public and Employee Parking between New South Parking - California and the City
            and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
            (Fiscal Impact)
            Resolution No. 133-12
            ADOPTED by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague


120245 [Contract Amendment - Netsmart New York, Inc. - Not to Exceed $31,786,819]
            Sponsor: Mayor
            Resolution authorizing the Department of Public Health to execute a contract amendment with
            Netsmart New York, Inc., to acquire product enhancements and extend the initial term of the
            agreement for an amended term of August 1, 2008, through June 30, 2018.
            Resolution No. 134-12
            ADOPTED by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague


120305 [San Francisco Summer Jobs+ Campaign]
            Sponsors: Olague; Campos, Avalos, Kim, Chu and Mar
            Resolution urging the Mayor to launch a San Francisco Summer Jobs+ Campaign by identifying
            private and public sector funds, securing private sector job opportunities, and developing
            infrastructure to manage internships so as to increase the summer employment opportunities for
            San Francisco’s disconnected young people.
            Supervisor Mar requested to be added as a co-sponsor.
            Supervisor Campos, seconded by Supervisor Cohen, moved that this Resolution be CONTINUED to
            April 24, 2012. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague




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Recommendation of the Rules Committee

120298 [Appointment, Health Commission - Bell Taylor-McGhee]
            Motion approving the Mayor's appointment of Belle Taylor-McGhee, term ending January 15, 2016,
            to the Health Commission. (Clerk of the Board)
            (Charter Section 3.100-18 provides that the Board of Supervisors has the authority to reject the
            appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the
            Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds
            vote within the thirty day period shall result in the appointee continuing to serve as appointed.
            Transmittal date - March 19, 2012.)
            Motion No. M12-050
            APPROVED by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague



SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
            There were none.



ROLL CALL FOR INTRODUCTIONS
            See Legislation Introduced below.



PUBLIC COMMENT
            Abdallah Megahed; expressed various concerns.
            Ray Hartz; expressed concerns relating to open government and enforcement issues. (See
            additional information submitted on Page 255.)
            Francisco Da Costa, expressed various concerns relating to public comment.
            Mark Trout; expressed various religious concerns.
            Walter Paulson; shared in song certain concerns with the Board.
            Colin Gallagher; spoke in opposition to the Armenian Genocide Commemoration Day legislation.
            Barbara Tengeri, expressed various concerns relating to the Sheriff Mirkarimi proceedings.
            Tom Gilberty; expressed various concerns relating to noise pollution.
            Peter Warfield; expressed concerns relating to enforcement issues and Bernal Branch Library
            Mural Project.
            Male Speaker; expressed various concerns.
            Female Speaker; spoke in favor of the Armenian Genocide Commemoration Day legislation.




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FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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.
            Resolution No. 135-12
            ADOPTED


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.
            Resolution No. 136-12
            ADOPTED


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.
            Supervisor Campos requested to be added as a co-sponsor.
            Resolution No. 137-12
            ADOPTED

            The foregoing items were acted upon by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague




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Severed from the For Adoption Without Committee Reference Agenda
            Supervisor Chu requested that File No. 120369 be severed so that it may be considered
            separately.


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.
            Supervisor Chu, seconded by Supervisor Mar, moved that this Resolution be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
               Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
               Excused: 1 - Olague
            Resolution approving the Children's Services Allocation Plan developed by the Department of
            Children, Youth, and Their Families in accordance with Section 16.108 of the San Francisco
            Charter.
            Supervisor Chu, seconded by Supervisor Mar, moved that this Resolution be CONTINUED AS
            AMENDED to April 24, 2012. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
                 Excused: 1 - Olague



IMPERATIVE AGENDA
            There were no items.



LEGISLATION INTRODUCED AT ROLL CALL


Introduced by a Supervisor or the Mayor


Ordinances

120377 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Small
       Business Net New Payroll - 2012 through 2015]
            Sponsors: Farrell; Campos, Chu, Cohen, Elsbernd, Mar and Wiener
            Ordinance amending the San Francisco Business and Tax Regulations Code Article 12-A by
            adding Section 906.5 to permit a Payroll Expense Tax Exclusion for Small Business Net New
            Payroll for years 2012 through 2015.
            (Fiscal Impact, Economic Impact)
            04/17/12; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 5/17/2012.




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120378 [Administrative Code - Establishing a Lesbian, Gay, Bisexual, and Transgender
       Seniors Task Force]
            Sponsors: Wiener; Olague, Campos and Cohen
            Ordinance amending the San Francisco Administrative Code, Chapter 5, Article XII, by adding
            Sections 5.110 through 5.115, to establish a Lesbian, Gay, Bisexual, and Transgender Seniors
            Task Force and establish its powers and duties.
            04/17/12; ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 5/17/2012.



120379 [Appropriating $58,700,580 Consisting of $45,000,000 of Certificate of Participation
       Proceeds, $4,539,337 of Fund Balance and Re-Appropriating $9,161,243 to the Port
       Commission in FY2011-2012]
            Sponsors: Mayor; Chiu and Chu
            Ordinance appropriating $58,700,580 consisting of $45,000,000 of Certificate of Participation 2012
            Series A and B proceeds, $4,539,337 of fund balance and re-appropriating $9,161,243 from 2010
            Revenue Bond funded projects to the Port Commission in FY2011-2012 for the development of the
            Cruise Terminal Project at Pier 27 and infrastructure and mitigation requirements related to the
            34th America’s Cup event and the Cruise Terminal Project; and placing $45,000,000 on
            Controller’s Reserve pending sale of the Certificates of Participation.
            (Fiscal Impact)
            04/17/12; ASSIGNED to Budget and Finance Sub-Committee.




Resolutions

120380 [Certificates of Participation for Various Port Projects - Not to Exceed $45,000,000]
            Sponsors: Mayor; Chiu and Chu
            Resolution authorizing the execution and delivery of certificates of participation evidencing an
            aggregate principal amount of not to exceed $45,000,000 to finance the design, acquisition,
            construction, reconstruction, expansion, improvement, equipping, renewal, restoration and/or
            replacement of certain capital improvements to properties of the Port Commission of the City and
            County of San Francisco; authorizing the selection of a trustee by the Director of Public Finance
            and approving the form of a trust agreement for the certificates of participation between the City
            and County of San Francisco and such trustee (including certain indemnities contained therein);
            approving the forms of a property lease and a project lease between the City and the trustee
            relating to all or a portion of the real property and improvements located at 375 Laguna Honda
            Boulevard and all or a portion of the James R. Herman Cruise Terminal at Pier 27; approving a
            form of memorandum of understanding with the Port Commission of the City and County of San
            Francisco relating to repayment of the Certificates and other matters; approving the form of an
            official notice of sale and notice of intention to sell for the certificates of participation; authorizing
            the selection of underwriters by the Director of Public Finance and approving the form of a
            purchase contract between the City and the underwriters relating to the certificates of participation,
            if sold by negotiated sale; approving the forms of a preliminary and final official statement with
            respect to the certificates of participation; approving the form of a continuing disclosure certificate;
            approving the issuance and sale of tax-exempt certificates of participation in an aggregate principal
            amount not to exceed $45,000,000 following a public hearing; granting general authority to City
            officials to take necessary actions in connection with the authorization, issuance, sale and delivery
            of the certificates of participation; approving modifications to documents and agreements; and
            ratifying previous actions taken in connection therewith.
            (Fiscal Impact)
            04/17/12; ASSIGNED to Budget and Finance Sub-Committee.




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120381 [Apply for, Accept, and Expend Grant - Housing Opportunities for Persons with
       AIDS Program - $12,180,724]
            Sponsor: Mayor
            Resolution approving the FY2012-2013 Housing Opportunities for Persons with AIDS (HOPWA)
            Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply
            for, accept, and expend the City’s FY2012-2013 HOPWA Program entitlement from the U.S.
            Department of Housing and Urban Development in the amount of $9,731,577 and to expend
            Program Income and Reprogrammed Funds in the amount of $2,449,147.
            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120382 [Apply for, Accept, and Expend Grant - HOME Program - $3,985,888]
            Sponsor: Mayor
            Resolution approving the FY2012-2013 HOME Investment Partnership (HOME) Program; and
            authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and
            expend the City’s FY2012-2013 HOME Program entitlement from the U.S. Department of Housing
            and Urban Development in the amount of $3,955,888, and to expend Program Income in the
            amount of $30,000.
            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120383 [Apply for, Accept, and Expend Grant - Emergency Shelter Grants Program -
       $2,151,775]
            Sponsor: Mayor
            Resolution approving the FY2012-2013 Emergency Shelter Grants Program; and authorizing the
            Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the
            City’s FY2012-2013 Emergency Shelter Grants Program entitlement in the amount of $1,609,318
            and accept and expend the second allocation of the City’s FY2011-12 Emergency Shelter Grants
            Program entitlement in the amount of $507,457 from the U.S. Department of Housing and Urban
            Development and to expend Reprogrammed Funds in the amount of $35,000.
            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120384 [Apply for, Accept, and Expend Grant - Community Development Block Grant
       Program - $17,734,214]
            Sponsor: Mayor
            Resolution approving the FY2012-2013 Community Development Block Grant Program;
            authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and
            expend the City’s FY2012-2013 Community Development Block Grant Program entitlement from
            the U.S. Department of Housing and Urban Development in the amount of $16,204,214 and to
            expend Program Income in the amount of $1,530,000.
            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120385 [Real Property Lease Amendment - Sixth Street Baldwin House, LLC - 72-6th
       Street]
            Sponsors: Mayor; Kim
            Resolution authorizing the lease amendment with Sixth Street Baldwin House, LLC, of
            approximately 1,932 rentable square feet of ground space located at 72-6th Street for the San
            Francisco Police Department.
            (Fiscal Impact)
            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.




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120386 [Accept and Expend Grant - Zellerbach Family Foundation - $37,000]
            Sponsor: Mayor
            Resolution authorizing the Adult Probation Department to retroactively accept and expend a grant
            of consulting services from the Zellerbach Family Foundation through an award to Community
            Works West in the amount of $37,000 for developing a gender-responsive approach to serving
            women involved in San Francisco’s criminal justice system.
            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120387 [Wastewater Enterprise Agreement - Central Bayside System Improvements
       Project - Not to Exceed $30,000,000]
            Sponsor: Cohen
            Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to
            negotiate and execute Wastewater Enterprise Sewer System Improvement Program funded
            Agreement No. CS-169, Central Bayside Improvements to provide planning and engineering
            services for an amount not to exceed $30,000,000 with a duration of 108 months.
            (Fiscal Impact)
            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120388 [Accept and Expend Grant - GreenFinanceSF - $200,608]
            Sponsor: Mar
            Resolution authorizing the Department of the Environment to accept and expend an American
            Recovery and Reinvestment Act of 2009 funded grant in the amount of $200,608 from the
            California Energy Commission’s State Energy Program through the Local Government
            Commission to support GreenFinanceSF.
            04/17/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.



120389 [Poems Under the Dome Day - April 27, 2012]
            Sponsors: Avalos; Campos
            Resolution proclaiming April 27, 2012, as Poems Under the Dome Day in the City and County of
            San Francisco.
            04/17/12; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
            MEETING.



120390 [Supporting Assembly Bill 1990 - “Solar for All”]
            Sponsors: Campos; Avalos, Mar and Kim
            Resolution in support of Assembly Bill 1990, referred to as “Solar for All,” a bill that seeks to build
            local clean renewable energy in low-income communities of color that are most impacted by nearby
            power plants and dirty oil refineries and create thousands of green jobs.
            04/17/12; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
            MEETING.



120391 [Supporting The Bay Lights Fine Art Installation and Public Works Project]
            Sponsors: Kim; Mar
            Resolution supporting The Bay Lights art installation on the Bay Bridge west span, beginning with
            its Grand Lighting in 2012 and continuing with illumination throughout 2014.
            04/17/12; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
            MEETING.




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120392 [Accept and Expend Grant - Plug-In Electric Vehicle Infrastructure Readiness
       Planning - $49,957]
            Sponsor: Mar
            Resolution authorizing the Department of the Environment to retroactively accept and expend a
            grant of $49,957 from the Bay Area Air Quality Management District to assist the District in
            preparing a Regional Plug-In Electric Vehicle Infrastructure Readiness Planning Study.
            04/17/12; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
            MEETING.




Motions

120331 [Committees of the Whole - Public Hearings to Acquire Temporary Construction
       Licenses at Various Real Properties by Eminent Domain for Central Subway/Third
       Street Light Rail Extension - May 1, 2012]
            Motion that the Board of Supervisors hold public hearings on May 1, 2012, at 3:00 p.m., with the
            Board of Supervisors sitting as Committees of the Whole, to consider acquisition of temporary
            construction licenses at various real properties by eminent domain for the public purpose of
            constructing the Central Subway/Third Street Light Rail Extension. (Clerk of the Board)
            04/17/12; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
            MEETING.



120396 [Outside Counsel - Official Misconduct Proceedings]
            Motion to approve the retention of outside legal counsel to advise and represent the Board of
            Supervisors, in place of the City Attorney's Office, with respect to legal issues relating to the official
            misconduct proceedings involving Sheriff Ross Mirkarimi. (Clerk of the Board)
            04/17/12; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
            MEETING.




Requests for Hearing

120393 [Hearing - Student Drop-Out Rates]
            Sponsor: Cohen
            Hearing on student drop-out rates at Thurgood Marshall High School and Burton Academic High
            School.
            04/17/12; RECEIVED AND ASSIGNED to City and School District Select Committee.



120394 [Hearing - Mayor's OEWD and the Controller's Office of Economic Strategy Update:
       Phase 1 Findings]
            Sponsor: Mar
            Hearing to better understand the Mayor's Office of Economic and Workforce Development and the
            Controller's Office of Economic Strategy Update: Phase 1 Findings.
            04/17/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.




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120395 [Hearing - California's Public Safety Realignment Policy]
            Sponsor: Mar
            Hearing to better understand the impact of California's Public Safety Realignment Policy to the City
            and County of San Francisco.
            04/17/12; RECEIVED AND ASSIGNED to Public Safety Committee.




Introduced by the President at the Request of a Department


PROPOSED RESOLUTIONS

120014 [Airport Lease - Alclear, LLC]
            Resolution approving the Expedited Traveler Service Lease between Alclear, LLC, and the City and
            County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
            (Fiscal Impact)
            04/03/12; RECEIVED FROM DEPARTMENT.

            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120015 [Airport Lease and Operating Agreement - Smarte Carte, Inc. - Not to Exceed
       $9,406,000]
            Resolution approving the Luggage Cart Lease and Operating Agreement between Smarte Carte,
            Inc., and the City and County of San Francisco, acting by and through its Airport Commission.
            (Airport Commission)
            04/03/12; RECEIVED FROM DEPARTMENT.

            04/17/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



120016 [Street Encroachment - Outdoor Child Play Area - Redwood Street]
            Resolution: 1) granting revocable permission to the Public Utilities Commission to occupy a portion
            of the public right-of-way on Redwood Street, approximately 150 feet west of Polk Street to
            construct and maintain an outdoor play area accessible to a child care facility within the new
            building at 525 Golden Gate Avenue (Assessor’s Block No. 0766, Lot No. 001); and 2) making
            environmental findings and findings of consistency with the General Plan and the priority policies of
            Planning Code Section 101.1. (Public Works Department)
            04/06/12; RECEIVED FROM DEPARTMENT.

            04/17/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.




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Request Granted
            From: Supervisor Avalos
            To: Janet Martinsen; SFMTA, Frank Lee; SFDPW
            Requesting/Inquiring: Supervisor Avalos requests that the SFMTA and SFDPW to please provide a
            breakdown of the feasibility, requirements, and costs of installing a new crosswalk and bus stop at
            approximately 4083 Mission Street across the street from the Mission YMCA located 4080 Mission
            Street. Please also include the steps community members would need to take for a successful
            approval of such a project, including a potential time line of the process and the different factors
            that could affect the approval and/or project length.



In Memoriam
            Dolores M Baugh – Supervisors Avalos and Cohen



ADJOURNMENT
            There being no further business, the Board adjourned at the hour of 3:17 p.m.

            N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the
            matters stated, but not necessarily the chronological sequence in which the matters were taken up.

            Approved by the Board of Supervisors on May 22, 2012.




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Addendum
            The following information is provided by a speaker, pursuant to Administrative Code Section 67.16.
            The content is neither generated by, nor subject to approval or verification of accuracy by, the
            Clerk of the Board or the Board of Supervisors.

            Ray Hartz submitted the following additional information durIng Public Comment as follows: 'Most
            people in San Francisco pay little or no attention to how the City operates. When the Ethics
            Commission heard the case of Jewelle Gomez, President of the Library Commission, these were
            the headlines: "Ethics panel reprimands lesbian library commissioner" (Bay Area Reporter); "S.F.
            mayor asked to remove Library Commission Head" (SFGate.com); "Ethics to Mayor: Pls Fire
            Library Prez Jewelle Gomez" (CityReport); and Ethics Commission Must Beg Mayor to Enforce
            Sunshine Ordinance" (SFWeekly). It's pretty clear where Mayor Ed Lee stands on enforcement
            issues: if it's a matter of a person under his direct control, let them stay; if it's a person lawfully
            elected by the citizens of San Francisco, out that person goes. The question now is how this Board
            of Supervisors chooses to handle this matter? Will it accept and enforce a politically motivated
            action, cynically placed by the Mayor before the Ethics Commission, should it recommend
            removal?'




                                                               Angela Calvillo, Clerk of the Board




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