Board of Supervisors Minutes: January 31, 2012

111377 [Settlement of Unlitigated Claim - Claire Himmel - $60,000] Resolution approving the settlement of the unlitigated claim filed by Claire Himmel against the City and County of San Francisco for $60,000; claim was filed on September 26, 2011. (City Attorney) Resolution No. 032-12 ADOPTED The foregoing items were acted upon by the following vote:

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

111334 [Appropriating $75,009,139 of 2008 Clean and Safe Park Bond to the Recreation and Park Department and Port Commission in FY2011-2012] Sponsors: Mayor; Chu Ordinance appropriating $75,009,139 of 2008 Clean and Safe Park Bond sale proceeds to fund the improvement and construction at various recreation and park facilities, including $61,185,271 in the Recreation and Park Department and $10,394,975 in the Port Commission for FY2011-2012. (Fiscal Impact) Ordinance No. 020-12 FINALLY PASSED by the following vote:

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

111332 [Appropriating $4,442,514 of Fund Balance and Interest Earnings from the Sale of the Watermark Land and Condominiums to the Port Commission in FY2011-2012] Sponsor: Mayor Ordinance appropriating $4,442,514 consisting of $3,709,630 in fund balance and $732,884 in interest earnings from the sale of the Watermark Land and Condominiums to the Port Commission in FY2011-2012 to be used for the development of the Brannan Street Wharf and the Mixed-Use Cruise Terminal at Pier 27 and placing $614,000 on Controller’s Reserve pending receipt of the projected interest earnings. (Fiscal Impact) Ordinance No. 019-12 FINALLY PASSED by the following vote:

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

111104 [Health Code - Regulating Commercial Dog Walkers on Park Property] Sponsor: Wiener Ordinance amending the San Francisco Health Code by adding Article 39, Sections 39.01 through 39.13, to license and regulate Commercial Dog Walkers operating on park property. Ordinance No. 023-12 FINALLY PASSED by the following vote:

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

120018 [Re-Appropriating $1,574,127 of General Fund Reserves for State Revenue Loss to Support HIV/AIDS Programs at the Department of Public Health, FY2011-2012] Sponsors: Mayor; Wiener, Campos and Olague Ordinance re-appropriating $1,574,127 of General Fund reserves for State revenue loss to backfill federal funding reductions to HIV/AIDS programs at the Department of Public Health in FY2011-2012. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

120019 [Accept and Expend Grant - Legal Educational Advocacy Program and Amendment to the Annual Salary Ordinance, FY2011-2012 - $231,147] Sponsor: Campos Ordinance authorizing the San Francisco Public Defender’s Office to retroactively accept and expend a grant in the amount of $231,147 from the Correction Standards Authority for the purpose of establishing a Legal Educational Advocacy Program; and amending Ordinance No. 146-11 (Annual Salary Ordinance, FY2011-2012) to reflect the addition of one Class 8177 Trial Attorney grant-funded position (0.50 FTE) at the San Francisco Public Defender’s Office. PASSED, ON FIRST READING by the following vote:

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

111248 [Regulations for Jane Warner and Harvey Milk Plazas] Sponsor: Wiener Ordinance: 1) approving regulations for Jane Warner Plaza at the intersection of Castro and 17th Streets and Harvey Milk Plaza adjacent to the intersection of Castro and Market Streets; and 2) authorizing official acts in connection with the regulations. (Supervisor Mar dissented in Committee.) Supervisor Wiener, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Supervisor Chiu, seconded by Supervisor Mar, moved that this Ordinance be AMENDED by deleting reference to 'Section G. Wheeled Equipment Prohibited' on Page 3, Line 24, through Page 4, Line 9. The motion carried by the following vote:

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

Noes: Chu, Elsbernd, Farrell, Wiener

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Kim, Mar, Olague

City and County of San Francisco Page 59 Printed at 10:21 am on 3/14/12 Board of Supervisors Meeting Minutes 1/31/2012 Recommendations of the Rules Committee Supervisor Mar Excused from Voting Supervisor Campos, seconded by Supervisor Cohen, moved that Supervisor Mar be excused from voting on File No. 120009. The motion carried by the following vote:

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

Excused: Mar

120009 [Appointment, California State Association of Counties - Supervisor Eric Mar] Motion appointing Supervisor Eric Mar, term ending November 28, 2012, to the California State Association of Counties. (Clerk of the Board) Motion No. M12-016 APPROVED by the following vote:

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

Excused: Mar

120010 [Appointment, Board of Appeals - Richard Hillis] Motion approving the Mayor’s appointment of Richard Hillis to the Board of Appeals, for the term ending July 1, 2012. (Mayor) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - 12/14/11.) Motion No. M12-017 APPROVED by the following vote:

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

Supervisor Chu Excused from Voting Supervisor Cohen, seconded by Supervisor Farrell, moved that Supervisor Chu be excused from voting on File No. 120013. The motion carried by the following vote:

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

Excused: Chu

120013 [Appointment, Association of Bay Area Governments Executive Board - Supervisor Carmen Chu] Motion appointing Supervisor Carmen Chu, term ending June 30, 2013, to the Association of Bay Area Governments Executive Board. (Clerk of the Board) Motion No. M12-018 APPROVED by the following vote:

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

Excused: Chu

120063 [Hearing - Real Property Lease - Bauer Intelligent Transportation, Inc. - Pier 50] Sponsor: Chiu Hearing of persons interested in or objecting to amendments to the proposed Resolution approving CEQA Findings and Mitigation Monitoring and Reporting Program, and Port Commission Lease No. L-15004 with Bauer Intelligent Transportation, Inc., a California Corporation, for certain real property located at Pier 50, Sheds A and C, in the City and County of San Francisco, for a term of ten years. The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to File No. 111317. Jay Edwards (Port of San Francisco) provided an overview of the amendments to the proposed lease. Walter Paulson; expressed various concerns relating to the amendments to the proposed lease. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. Supervisor Mar, seconded by Supervisor Kim, moved that this Hearing be HEARD AND FILED. The motion carried by the following vote:

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

111317 [Real Property Lease - Bauer Intelligent Transportation, Inc. - Pier 50] Sponsor: Chiu Resolution approving CEQA Findings and Mitigation Monitoring and Reporting Program, and Port Commission Lease No. L-15004 with Bauer Intelligent Transportation, Inc., a California Corporation, for certain real property located at Pier 50, Sheds A and C, in the City and County of San Francisco, for a term of ten years. (Fiscal Impact) Resolution No. 026-12 ADOPTED by the following vote:

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

111078 [Planning Code and Zoning Map Amendments - India Basin Industrial Park] Sponsor: Cohen Ordinance: 1) amending the San Francisco Planning Code Section 249.42 to allow outpatient medical care clinics; 2) amending the San Francisco Planning Code Zoning Map Sheet 8 SU to add parcels in Assessor's Block No. 5211, Lot Nos. 29 through 54 to the India Basin Special Use District, and remove the parcel in Assessor's Block No. 5211, Lot No. 28 from the Design and Development Special Use District and add it to the India Basin Special Use District; and 3) making environmental findings and findings of consistency with general plan. PASSED, ON FIRST READING by the following vote:

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

120055 [Authorization to Apply for Strategic Growth Council Sustainable Communities Planning Grant] Sponsor: Mayor Resolution authorizing the San Francisco Planning Department to apply for a planning grant from the State of California Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) to implement the Strengthening Neighborhoods Program. Resolution No. 033-12 ADOPTED The foregoing items were acted upon by the following vote:

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

120025 [Opposing the United States Supreme Court’s Decision in Citizens United and Supporting Related United States Constitutional Amendment] Sponsors: Chiu; Cohen, Wiener, Olague, Kim, Mar, Avalos and Campos Resolution opposing the United States Supreme Court's interpretation of the Constitution in Citizens United regarding the rights of corporations and supporting an amendment to the Constitution to provide that corporations are not entitled to the entirety of protections of natural persons. Supervisors Kim, Mar, Avalos, and Campos requested to be added as co-sponsors. Resolution No. 037-12 ADOPTED by the following vote:

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

120028 [Urging the National Academy of Arts and Sciences Reinstate 31 Categories of Music for GRAMMY Consideration] Sponsor: Mar Resolution urging the reinstatement of the 31 categories of music that were eliminated by the National Academy of Arts and Sciences for GRAMMY consideration on April 6, 2011. Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Resolution be TABLED. The motion carried by the following vote:

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