Board of Supervisors Minutes: June 5, 2012

120492 [Appointments, Pedestrian Safety Advisory Committee - John Lowell, Paul Supawanich, Howard Strassner, Robin Brasso, and Zachary Marks] Motion appointing Paul Supawanich and Robin Brasso, terms ending March 28, 2013, and John Lowell, Howard Strassner, and Zachary Marks, terms ending March 28, 2014, to the Pedestrian Safety Advisory Committee (Clerk of the Board) Motion No. M12-069 APPROVED The foregoing items were acted upon by the following vote:

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

on for FY2012-2013 and FY2013-2014] Sponsor: Mayor Ordinance appropriating $587,756,000 of proceeds from revenue bonds, wastewater revenue, state grants, and bond interest income for the San Francisco Public Utilities Commission (SFPUC) Wastewater Enterprise’s Capital Improvement Program, comprised of $299,402,000 for FY2012-2013, and $288,354,000 for FY2013-2014, and placing $255,600,000 on Board Finance Committee reserve as well as placing all applicable appropriations by project on Controller’s reserve subject to SFPUC's and Board of Supervisors' discretionary approval following completion of project-related analysis pursuant to the California Environmental Quality Act, where required, and receipt of proceeds of indebtedness, accept and expend a Department of Water Resources administered grant in the amount of $24,147,000 and allow reimbursement of prior expenditures, funded from Wastewater Revenue Bonds, to be funded by the grant retroactive to December 2011; notabIy if the State delays the disbursement of the $24,147,000 in grant funding, Wastewater Revenue Bonds may be substituted as a source for the grant funds. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

120429 [Appropriating $171,001,000 for Water Capital Improvements at the Public Utilities Commission for FY2012-2013 and FY2013-2014] Sponsor: Mayor Ordinance appropriating $171,001,000 of proceeds from revenue bonds, water revenues, and interest income for the San Francisco Public Utilities Commission (SFPUC) Water Enterprise’s Capital Improvement Program, comprised of $60,084,000 for FY2012-2013, and $110,917,000 for FY2013-2014, and placing applicable appropriations by project on Controller’s reserve subject to SFPUC's and Board of Supervisors' discretionary approval following completion of project-related analysis pursuant to the California Environmental Quality Act, where required, and receipt of proceeds of indebtedness. PASSED, ON FIRST READING by the following vote:

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

120430 [Appropriating $141,171,000 for Hetch Hetchy Water and Power Capital Improvements at the Public Utilities Commission for FY2012-2013 and FY2013-2014] Sponsor: Mayor Ordinance appropriating $141,171,000 of Hetch Hetchy revenue, California Energy Commission loan and Power and Water Revenue Bonds for the San Francisco Public Utilities Commission (SFPUC) Hetch Hetchy Enterprise’s Capital Improvement Program consisting of $51,383,000 for FY2012-2013, and $89,788,000 for FY2013-2014, and placing applicable appropriations by project on Controller’s reserve subject to SFPUC's and Board of Supervisors' discretionary approval following completion of project-related analysis pursuant to the California Environmental Quality Act, where required, and receipt of proceeds of indebtedness and loan funds. PASSED, ON FIRST READING by the following vote:

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

120467 [Water Revenue Bond Issuance and Sale - Not to Exceed $163,400,000] Ordinance approving the issuance and sale of water revenue bonds by the San Francisco Public Utilities Commission in an aggregate principal amount not to exceed $163,400,000 to finance various capital water projects benefitting the Water Enterprise 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. (Public Utilities Commission) PASSED, ON FIRST READING by the following vote:

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

120468 [Power Revenue Bond Issuance and Sale - Not to Exceed $12,300,000] Ordinance approving the issuance and sale of power revenue bonds by the San Francisco Public Utilities Commission (SFPUC) in an aggregate principal amount not to exceed $12,300,000 to finance various power capital projects benefitting the SFPUC Power Enterprise, pursuant to Section 9.107(8) of the City Charter; and ratifying previous actions taken in connection therewith. (Public Utilities Commission) PASSED, ON FIRST READING by the following vote:

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

120469 [Wastewater Revenue Bond Issuance and Sale - Not to Exceed $522,810,000] Ordinance approving the issuance and sale of wastewater revenue bonds by the San Francisco Public Utilities Commission in an aggregate principal amount not to exceed $522,810,000 to finance various projects benefitting the Wastewater Enterprise 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. (Public Utilities Commission) PASSED, ON FIRST READING by the following vote:

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

120437 [Proposition J Contract/Certification of Specified Contracted-Out Services Previously Approved for Enterprise Departments] Sponsor: Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees for the following services for FY2012-2013 and FY2013-2014: employee and public parking management, information booth, security, and shuttle bus services (Airport); paratransit, security, parking citation and collection, meter collection and coin counting, towing, and transit shelter maintenance services (Municipal Transportation Agency); janitorial and security services (Port); security services (Public Utilities Commission). Resolution No. 206-12 ADOPTED by the following vote:

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

120454 [Lease of Real Property - 1455 Market Street] Resolution authorizing the lease of 24,440 square feet at 1455 Market Street for seven years plus option to extend for the San Francisco Department of the Environment’s Office purposes. (Real Estate Department) (Fiscal Impact) Resolution No. 208-12 ADOPTED by the following vote:

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

120378 [Administrative Code - Establishing a Lesbian, Gay, Bisexual, and Transgender Seniors Task Force] Sponsors: Wiener; Olague, Campos, Cohen and Avalos 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. Supervisor Avalos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

adium] Sponsors: Mayor; Farrell Resolution: 1) approving and authorizing an amendment to the Lease of Candlestick Park Stadium with San Francisco Forty Niners, LLC, to grant the Forty Niners an additional option to terminate the Lease early, between May 31, 2014, and May 31, 2015, providing for the Forty Niners to pay the City $1,000,000 in consideration for the early termination option, and providing that if the Forty Niners exercise the option, the Forty Niners make added minimum guaranteed payments to the City, in lieu of the rent scheduled under the current Lease, of $4,295,000 if the team plays no regular season or post-season NFL games at Candlestick in the 2014 season and up to $5,000,000 more if the team does play such games; 2) approving and accepting the dedication under the amendment of $1,045,000 of such $4,295,000 minimum guaranteed payment for youth programs for the City's Recreation and Park Department; 3) ratifying prior acts; and 4) making environmental findings. (Fiscal Impact) Privilege of the floor was granted to Cheryl Adams (City Attorney's Office) who responded to questions raised throughout the discussion. Resolution No. 209-12 ADOPTED by the following vote:

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

120047 [Planning Code - Including Financial Services Within Definition of Formula Retail] Sponsors: Mar; Olague, Campos and Avalos Ordinance amending the San Francisco Planning Code by: 1) amending Section 703.3(c) to include financial services within the uses subject to formula retail controls in Neighborhood Commercial Districts; 2) amending Section 806.3(c) including financial services within the uses subject to formula retail controls in Mixed Use Districts; 3) amending Section 303.3(i) making conforming amendments; and 4) making findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and with the Priority Policies of Planning Code Section 101.1. Supervisors Campos and Avalos requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: Chu, Elsbernd, Farrell

120431 [Administrative Code - Establishing a Wage Theft Task Force] Sponsors: Campos; Mar, Chiu, Kim, Avalos, Olague and Cohen Ordinance amending the San Francisco Administrative Code by adding Sections 5.260 through 5.260-5 to: 1) establish a Wage Theft Task Force to make recommendations to the Board of Supervisors regarding how the City may best address wage theft in San Francisco; 2) provide for the Task Force's membership, organization, and duties; and 3) set a sunset date for the Task Force. PASSED, ON FIRST READING by the following vote:

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

111326 [Confirming Appointment, Municipal Transportation Agency Board of Directors - Cristina Rubke] Sponsor: Mayor Motion confirming the Mayor’s appointment of Cristina Rubke, term ending March 1, 2016, to the Municipal Transportation Agency Board of Directors. Motion No. M12-070 APPROVED by the following vote:

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

Supervisor Olague Excused from Voting Supervisor Campos, seconded by Supervisor Farrell, moved that Supervisor Olague be excused from voting on File No. 120493. The motion carried by the following vote:

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

Excused: Olague

120493 [Appointment, Association of Bay Area Governments Executive Board - Supervisor Christina Olague] Motion appointing Supervisor Christina Olague, term ending June 30, 2013, to the Association of Bay Area Governments Executive Board. (Clerk of the Board) Motion No. M12-071 APPROVED by the following vote:

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

Excused: Olague

120435 [Park Code - Marina Small Craft Harbor Fees and Licenses] Sponsor: Farrell Ordinance amending the San Francisco Park Code Section 12.11 to: 1) reflect the fees for FY2011-2012 for berthing licenses in the San Francisco Marina Small Craft Harbor; 2) establish a flat daily rate for short-term dock fees; 3) delete fees for obsolete services; 4) add new transfer fee provisions; and 5) authorize annual renewals of berthing licenses pursuant to the Recreation and Park Commission's Marina Rules; and making environmental findings and findings of consistency with the General Plan. PASSED, ON FIRST READING by the following vote:

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

120436 [Appropriating $1,039,600 of Fund Balance in the Marina Yacht Harbor Operating Fund to the Recreation and Park Department for the West Harbor Renovation Project in FY2011-2012] Sponsor: Farrell Ordinance appropriating $1,039,600 in fund balance in the Marina Yacht Harbor Operation Fund to the Recreation and Park Department in FY2011-2012 for funding the construction of 36 additional slips as a part of the West Harbor Renovation Project. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

120574 [Final Map 6375: 2000 Ellis Street] Motion approving Final Map 6375, a 21 Unit Residential Condominium Project, located at 2000 Ellis Street, being a subdivision in Assessor’s Block No. 1101, Lot No. 048; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M12-072 APPROVED The foregoing items were acted upon by the following vote:

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