Board of Supervisors Minutes: May 22, 2012

120317 [Transportation Code - Fare Evasion and Clipper Card Regulations] Sponsor: Chiu Ordinance amending the San Francisco Transportation Code, Division I, Article 7 (Transit Violations) Sections 7.2.101 and 7.2.104 to eliminate restrictions on rear exit boarding of Municipal Railway transit vehicles in revenue service and clarify that failure to tag a Clipper card transponder or card reader is a violation of Section 7.2.104; and making environmental findings and technical corrections. Ordinance No. 096-12 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

120406 [Administrative Code - Film Rebate Program Extension and Funding] Sponsor: Farrell Ordinance amending the San Francisco Administrative Code Section 57.8 to: 1) extend the Film Rebate Program for two additional years, through June 30, 2014; and 2) increase the total amount of available funds up to $2,000,000 for film rebates during that period. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

120433 [Accept and Expend Grant - Replacement of Refrigeration Equipment in Small Businesses - $403,000] Sponsor: Chu Ordinance authorizing the Department of the Environment to accept and expend a grant in the amount of $403,000 from the California Public Utilities Commission, through Pacific Gas and Electric Company, to study the impact that the replacement of old refrigeration equipment in San Francisco businesses would have on energy usage and peak power demand in the City, and amending Ordinance No. 146-11 Annual Salary Ordinance, FY2011-2012 and FY 2012-2013) to reflect the addition of one (1) Class 5640 Environmental Specialist grant funded position (.25 FTE) at the Department of the Environment. PASSED, ON FIRST READING by the following vote:

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

Noes: None

Supervisor Avalos Excused from Voting Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Avalos be excused from voting on File No. 120069. The motion carried by the following vote:

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

Noes: None

Excused: Avalos

120069 [Lease of Real Property - T-Mobile West Corporation - 720 Moscow Street] Resolution authorizing the lease by T-Mobile West Corporation of approximately 160 rentable square feet of ground space located at 720 Moscow Street for the San Francisco Fire Department. (Real Estate Department) (Fiscal Impact) Resolution No. 187-12 ADOPTED by the following vote:

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

Noes: None

Excused: Avalos

120408 [Contract Amendment - Addiction, Research, and Treatment, Inc., dba BAART - $26,043,065] Sponsor: Mayor Resolution approving an amendment to the contract with Addiction, Research, and Treatment, Inc., dba BAART, for methadone maintenance services to $26,043,065. Resolution No. 188-12 ADOPTED by the following vote:

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

Noes: None

120409 [Contract Amendment - Apollo Health Street, Inc. - $3,675,000] Sponsor: Mayor Resolution approving an amendment to the contract with Apollo Health Street, Inc., for retroactive claiming of aged accounts services to $3,675,000 for an additional four years. Resolution No. 189-12 ADOPTED by the following vote:

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

Noes: None

120410 [Contract Amendment - Asian American Recovery Services - $113,859,922] Sponsor: Mayor Resolution approving an amendment to the contract with Asian American Recovery Services for fiscal intermediary services to $113,859,922 for an additional four years. Resolution No. 190-12 ADOPTED by the following vote:

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

Noes: None

120411 [Contract Amendment - Triage Consulting Group - $1,823,761] Sponsor: Mayor Resolution approving an amendment to the contract with Triage Consulting Group for retroactive claiming of aged accounts services to $1,823,761 for eight years. Resolution No. 191-12 ADOPTED by the following vote:

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

Noes: None

120439 [Accept and Expend Grant - Boeddeker Park and Clubhouse Project - $4,000,000] Sponsors: Mayor; Kim Resolution authorizing the San Francisco Recreation and Parks Department to accept and expend a grant administered by the California State Parks and Recreation Department in the amount of $4,000,000 for the Boeddeker Park and Clubhouse Project. Resolution No. 196-12 ADOPTED by the following vote:

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

Noes: None

120479 [Accept and Expend Grant - Transportation Development Act, Article 3 - $907,824] Sponsor: Mayor Resolution authorizing the acceptance and expenditure of state Transportation Development Act Article 3 funds for various pedestrian and bicycle projects in San Francisco in FY2012-2013, totaling $907,824 including $453,912 for the Department of Public Works and $453,912 for the San Francisco Municipal Transportation Agency. Resolution No. 197-12 ADOPTED by the following vote:

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

Noes: None

120080 [Liquor License Transfer - 43-6th Street] Resolution determining that the premise to premise transfer of a Type 48 on-sale general public premises liquor license from 181 Eddy Street to 43-6th Street (District 6) to Mark E. Rennie for Club OMG!, LLC, dba Club OMG!, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 198-12 ADOPTED by the following vote:

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

Noes: None

120447 [Urging the Secretary of the Navy to Christen a Ship as the "U.S.S. Harvey Milk"] Sponsor: Wiener Resolution urging the Secretary of the Navy to christen a ship as the “U.S.S. Harvey Milk.” Resolution No. 202-12 ADOPTED by the following vote:

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

Noes: Kim, Olague

110716 [Transportation Code - Tour Bus Parking and Loading] Sponsors: Chiu; Farrell Ordinance amending the San Francisco Transportation Code, Division I, Article 7 by: 1) amending Section 7.2.27 to remove the restriction on the use of white zones by commercial vehicles and clarify that this Section does not apply to Stands established under Division II of the Code and designated for the use of Tour Buses; 2) amending Section 7.2.38 to establish violations for vehicles other than authorized Tour Buses parking or stopping in restricted Tour Bus Stands and for Tour Buses that exceed posted time limits in such Stands; 3) amending Section 7.2.80 to exclude Tour Bus Stands from otherwise applicable parking restrictions imposed in specified use districts on vehicles required to register with the California Public Utilities Commission; and 4) making environmental findings. PASSED, ON FIRST READING by the following vote:

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

Noes: None

Fee] Sponsor: Chiu Ordinance amending San Francisco Police Code Sections 46, 2901, 2916, and 2922, and adding Section 2913, to: 1) clarify that the definition of "Sound Truck" in Section 46 does not include unenclosed tour buses; 2) clarify that the noise restrictions imposed by Article 29 do not apply to the City and County of San Francisco; 3) prohibit the use of amplified sound systems on unenclosed tour buses unless such systems have been certified by the San Francisco Department of Public Health as not being audible from a distance of 50 or more feet from the vehicle or contain volume limiting electronics to meet that requirement; 4) adding a reporting requirement for the Department of Public Health; 5) adding fees for the Department of Public Health approval and issuance of a Certificate of Authorization to Operate Electronically Amplified Sound on Unenclosed Tour Bus; 6) authorize the Department of Public Health and the Police Department to enforce the requirements of Section 2913; 7) clarify that Article 29 should not be construed to conflict with Federal or State laws; and 8) adopt findings, including environmental findings. PASSED, ON FIRST READING by the following vote:

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

Noes: None

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) Resolution No. 199-12 ADOPTED by the following vote:

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

Noes: None

120457 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works Department) Timothy Hines (Department of Public Works) indicated that the following addresses should be removed from the accompanying report due to recent receipt of payment and/or resolution: 709-22nd Avenue; 3246-22nd Street; 355 Bay Shore Boulevard; 4346 Bush Street; 2664 California Street; 250 Industrial Street; 1801 Larkin Street; 1758 Larkin Street; 4377 Mission Street; 438 O'Farrell Street; 2195 Quesada Avenue; 345 Sloat Boulevard; 1743 Union Street. The amendments to the accompanying report, as provided by the Department of Public Works, included in File No. 120457, were received without objection. Resolution No. 200-12 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: None

Absent: Elsbernd

120262 [Appeal of Determination of Exemption from Environmental Review - 1100 Lombard Street] Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated February 3, 2012, that a project located at 1100 Lombard Street (Building Permit Application No. 2012.02.03.3472) is exempt from environmental review under the California Environmental Quality Act (CEQA). The proposal would create a new firewall on the 1100 Lombard Street property (Assessor's Block No. 0069, Lot No. 081). (District 2) (Appellant: Christa Shaw on behalf of the John Sperling 1994 Irrevocable Trust, owner of 2323 Hyde Street) (Filed March 20, 2012). The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Walter Paulson; Edmond Juicye, expressed various concerns. There were no other speakers. Supervisor Farrell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

120263 [Affirming the Exemption Determination - 1100 Lombard Street] Motion affirming the determination by the Planning Department that the project located at 1100 Lombard Street is exempt from environmental review. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

120264 [Reversing the Exemption Determination - 1100 Lombard Street] Motion reversing the determination by the Planning Department that the project located at 1100 Lombard Street is exempt from environmental review. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

120265 [Preparation of Findings Related to the Exemption Determination - 1100 Lombard Street] Motion directing the Clerk of the Board to prepare findings related to the appeal of the exemption determination by the Planning Department that the project located at 1100 Lombard Street is exempt from environmental review. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

120486 [Appointments, Sunshine Ordinance Task Force - Kitt Grant, David Pilpel, David Sims, Chris Hyland, and Louise Fischer] Motion appointing Kitt Grant, David Pilpel, David Sims, Chris Hyland, and Louise Fischer, terms ending April 27, 2014, to the Sunshine Ordinance Task Force. (Clerk of the Board) Motion No. M12-064 APPROVED by the following vote:

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

Noes: Olague

120553 [Appointment, Sunshine Ordinance Task Force - Todd David] Motion appointing Bruce Wolfe, term ending April 27, 2014, to the Sunshine Ordinance Task Force. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Farrell, moved that this Motion be AMENDED to replace 'Bruce Wolfe' with 'Todd David' for Seat No. 8. The motion carried by the following vote:

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

Noes: Avalos, Campos, Kim, Mar, Olague

Motion appointing Todd David, term ending April 27, 2014, to the Sunshine Ordinance Task Force. (Clerk of the Board) Motion No. M12-065 APPROVED AS AMENDED by the following vote:

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

Noes: Olague

120538 [Waiver Permitting City Employees to Assist the Department of Elections with the June 5, 2012, Consolidated Primary Election] Sponsor: Chiu Motion granting a waiver from the prohibition imposed by Charter Section 13.104.5, to permit City employees to assist the Department of Elections with the June 5, 2012, Consolidated Primary Election. Motion No. M12-066 APPROVED City and County of San Francisco Page 356 Printed at 2:13 pm on 7/5/12 Board of Supervisors Meeting Minutes 5/22/2012 The foregoing items were acted upon by the following vote:

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

Noes: None