# Board of Supervisors Minutes: June 12, 2012 - Meeting date: 2012-06-12 - Document type: minutes - Source format: PDF - Extracted pages: 30 - [Canonical HTML transcript](https://sfbos.info/documents/40/2012-06-12-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=197903&GUID=5BAACEE6-03FA-41B4-9224-3C2CE5C83CA4) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 120533: Sale of General Obligation Bonds - Earthquake Safety and Emergency Response - Not to Exceed $40,410,000 - Pages: 9-10 - Sponsors: Mayor; Chiu and Chu - Vote 1: adoption, likely final - Action: unt of City and County of San Francisco General Obligation Bonds, Series 2012E; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form of the preliminary official statement and the form and execution of the official statement relating to the sale of said bonds; approving the form of the continuing disclosure certificate; authorizing and approving modifications to documents; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds. Supervisor Chu requested to be added as a co-sponsor. Resolution No. 231-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120270: Approval of Public Trust Exchange; Agreement to Sell Portion of Seawall Lot 351 in Exchange for Portion of Block 168-Lot 58, Block 171-Lot 69, and Block 201-Lot 12; Approval of Lease and Maintenance Agreement - Pages: 10-11 - Vote 1: amendment - Action: treet; adopting environmental findings and findings of consistency with the General Plan and the eight Priority Policies of City Planning Code Section 101.1; and authorizing the Port's Executive Director and the City's Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Port) (Supervisor Avalos dissented in Committee.) Supervisor Chiu, seconded by Supervisor Avalos, moved that this Resolution be AMENDED by adding 'WHEREAS, Section 21 of the DDA provides for SFWP to be reimbursed up to $5 million in Public Financing for Qualified Projects Costs of Public Improvements on the Open Space Parcel.'; and adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the DDA between the Port and the developer that removes the portions of Section 21 of the DDA that provides for the developer to be reimbursed up to $5 million in Public Financing for Qualified Project Costs of Public Improvements on the Open Space Parcel and instead provides that the developer cannot be reimbursed with Public Financing for any project costs.' The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Mar - Noes: Chu, Elsbernd, Farrell, Kim, Olague, Wiener - Vote 2: amendment - Action: Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for payment by the developer to the Port or its designee to fund affordable housing projects in the City in the amount of $25 million.' The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen - Noes: Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: amendment - Action: Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for payment by the developer to the Port or its designee to fund affordable housing projects in the City in the amount of $13 million.' The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Mar - Noes: Chu, Elsbernd, Farrell, Kim, Olague, Wiener - Vote 4: amendment - Action: Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for transfer fees equal to 1.0% of the Condominium Sales Proceeds received including the first sale.' The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu - Noes: Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 5: amendment - Action: City and County of San Francisco Page 403 Printed at 12:56 pm on 7/18/12 Board of Supervisors Meeting Minutes 6/12/2012 Privilege of the floor was granted to Cheryl Adams, Deputy City Attorney (City Attorney's Office) who responded to questions raised throughout the discussion regarding File No. 120270. Supervisor Chu, seconded by Supervisor Olague, moved that this Resolution be AMENDED on Page 12, Lines 14-19, by adding 'FURTHER RESOLVED, That the Board of Supervisors has reviewed and considered the information in the memorandum from Paul Maltzer of the Planning Department dated June 12, 2012, that considers the effect of reducing the amount of commercial parking and concludes that such reduction would not result in any additional environmental effects beyond those analyzed in the Final EIR for the reasons stated in the memorandum, which is incorporated into this resolution by this reference; and'. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 6: adoption, likely final - Action: Resolution No. 226-12 ADOPTED AS AMENDED by the following vote: - Ayes: Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Noes: Avalos, Campos, Chiu ### File 120278: Amending Resolution of Intention to Form Waterfront Infrastructure Financing District (File No. 120128) - Pages: 11 - Vote 1: adoption, likely final - Action: 120278 [Amending Resolution of Intention to Form Waterfront Infrastructure Financing District (File No. 120128)] Resolution amending Resolution of Intention to establish Infrastructure Financing District No. 2 (File No. 120128) for the City and County of San Francisco at the Port of San Francisco. (Port) Resolution No. 227-12 ADOPTED by the following vote: - Ayes: Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Noes: Avalos, Campos, Chiu ### File 120377: Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Small Business Net New Payroll - 2012 through 2015 - Pages: 11-12 - Sponsors: Farrell; Campos, Chu, Cohen, Elsbernd, Mar and Wiener - Vote 1: first-reading - Action: 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) Privilege of the floor was granted to Monique Zmuda, Deputy Controller (Office of the Controller) who responded to questions raised throughout the discussion regarding File No. 120377. PASSED ON FIRST READING by the following vote: play video - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Noes: Avalos ## Extracted text ### [Page 10](https://sfbos.info/documents/40/2012-06-12-minutes#page-10) Board of Supervisors Meeting Minutes 6/12/2012 120270 [Approval of Public Trust Exchange; Agreement to Sell Portion of Seawall Lot 351 in Exchange for Portion of Block 168-Lot 58, Block 171-Lot 69, and Block 201-Lot 12; Approval of Lease and Maintenance Agreement] Resolution approving and authorizing a Purchase and Sale Agreement with San Francisco Waterfront Partners II, LLC, for the sale by the San Francisco Port Commission of unimproved real property located on Seawall Lot No. 351 at the corner of The Embarcadero and Washington Street in exchange for a portion of real property located on Block No. 168-Lot No. 58, Block No. 171-Lot No. 69, and Block No. 201-Lot No. 12 having an address at 8 Washington; approving and authorizing a Trust Exchange Agreement with the California State Lands Commission that would remove the public trust from such portion of Seawall Lot No. 351 and impressing the public trust on such portion of real property located on Block No. 168-Lot No. 58, Block No. 171-Lot No. 69, and Block No. 201-Lot No. 12; approving and authorizing a 66-year lease with San Francisco Waterfront Partners II, LLC, for real property near The Embarcadero and former Pacific Street; approving and authorizing a Maintenance Agreement with San Francisco Waterfront Partners II, LLC, for the maintenance of open space bound by The Embarcadero, Washington Street, and Drumm Street; adopting environmental findings and findings of consistency with the General Plan and the eight Priority Policies of City Planning Code Section 101.1; and authorizing the Port's Executive Director and the City's Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Port) (Supervisor Avalos dissented in Committee.) Supervisor Chiu, seconded by Supervisor Avalos, moved that this Resolution be AMENDED by adding 'WHEREAS, Section 21 of the DDA provides for SFWP to be reimbursed up to $5 million in Public Financing for Qualified Projects Costs of Public Improvements on the Open Space Parcel.'; and adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the DDA between the Port and the developer that removes the portions of Section 21 of the DDA that provides for the developer to be reimbursed up to $5 million in Public Financing for Qualified Project Costs of Public Improvements on the Open Space Parcel and instead provides that the developer cannot be reimbursed with Public Financing for any project costs.' The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Chiu, Cohen, Mar Noes: 6 - Chu, Elsbernd, Farrell, Kim, Olague, Wiener Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for payment by the developer to the Port or its designee to fund affordable housing projects in the City in the amount of $25 million.' The motion FAILED by the following vote: Ayes: 4 - Avalos, Campos, Chiu, Cohen Noes: 7 - Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for payment by the developer to the Port or its designee to fund affordable housing projects in the City in the amount of $13 million.' The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Chiu, Cohen, Mar Noes: 6 - Chu, Elsbernd, Farrell, Kim, Olague, Wiener Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for transfer fees equal to 1.0% of the Condominium Sales Proceeds received including the first sale.' The motion FAILED by the following vote: Ayes: 3 - Avalos, Campos, Chiu Noes: 8 - Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 403 Printed at 12:56 pm on 7/18/12 ### [Page 11](https://sfbos.info/documents/40/2012-06-12-minutes#page-11) Board of Supervisors Meeting Minutes 6/12/2012 Privilege of the floor was granted to Cheryl Adams, Deputy City Attorney (City Attorney's Office) who responded to questions raised throughout the discussion regarding File No. 120270. Supervisor Chu, seconded by Supervisor Olague, moved that this Resolution be AMENDED on Page 12, Lines 14-19, by adding 'FURTHER RESOLVED, That the Board of Supervisors has reviewed and considered the information in the memorandum from Paul Maltzer of the Planning Department dated June 12, 2012, that considers the effect of reducing the amount of commercial parking and concludes that such reduction would not result in any additional environmental effects beyond those analyzed in the Final EIR for the reasons stated in the memorandum, which is incorporated into this resolution by this reference; and'. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Resolution No. 226-12 ADOPTED AS AMENDED by the following vote: Ayes: 8 - Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Noes: 3 - Avalos, Campos, Chiu 120278 [Amending Resolution of Intention to Form Waterfront Infrastructure Financing District (File No. 120128)] Resolution amending Resolution of Intention to establish Infrastructure Financing District No. 2 (File No. 120128) for the City and County of San Francisco at the Port of San Francisco. (Port) Resolution No. 227-12 ADOPTED by the following vote: Ayes: 8 - Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Noes: 3 - Avalos, Campos, Chiu Recommendations of the Government Audit and Oversight Committee 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) Privilege of the floor was granted to Monique Zmuda, Deputy Controller (Office of the Controller) who responded to questions raised throughout the discussion regarding File No. 120377. PASSED ON FIRST READING by the following vote: play video Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Noes: 1 - Avalos City and County of San Francisco Page 404 Printed at 12:56 pm on 7/18/12