Board of Supervisors Minutes: September 25, 2012

120856 [Settlement of Lawsuit - James Wilson - $77,072.75] Ordinance authorizing settlement of the lawsuit filed by James Wilson, against the City and County of San Francisco for $77,072.75; the lawsuit was filed on February 20, 2007, in United States District Court, Case No. C-07-01016 PJH; entitled James Wilson, et al., v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 208-12 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

111371 [Administrative Code - CleanPowerSF Funds and Appropriating $19,500,000 of Available Fund Balance to Support Required Reserves and Creating Special Funds for the CleanPowerSF Program at the Public Utilities Commission] Sponsor: Campos Ordinance appropriating $19,500,000 of Hetch Hetchy fund balance at the Public Utilities Commission to support CleanPowerSF Community Choice Aggregation program consistent with the contractual requirements and budgetary authorizations as approved by the San Francisco Public Utilities Commission and the Board of Supervisors, placing the $6,000,000 appropriated for CleanPowerSF sustainability services on Budget and Finance Committee Reserve pending detailed appropriation plans for those sustainability services, and adding Administrative Code Sections 10.100.372 and 10.100.373 to establish the CleanPowerSF Customer Fund and the CleanPowerSF Reserve Fund. (Public Utilities Commission) (Fiscal Impact) Ordinance No. 200-12 FINALLY PASSED by the following vote:

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

Noes: Chu, Elsbernd, Farrell

anagers renting five or fewer parking spaces in Parking Stations physically attached to or otherwise associated with the building from the requirement to: (a) obtain a certificate of authority, (b) make monthly tax prepayments, (c) obtain a parking tax bond, and (d) providing amnesty from parking taxes, interest, penalties and fees owed for tax periods ending before April 1, 2011; 2) amending the Business and Tax Regulations Code Section 2219.7 to exempt property owners and managers registered pursuant to Section 609 from the requirement to pay the Revenue Control Equipment compliance fee; 3) amending the Planning Code Section 204.5 to allow as an accessory use up to five dwelling unit parking spaces to be leased to persons living off-site anywhere in the City; 4) making conforming changes to the Planning Code Section 150(d); 5) amending the Police Code Section 1215 to eliminate the requirement to hold a commercial parking permit for property owners and managers registered pursuant to Section 609 of the Business and Tax Regulations Code; and 6) making environmental findings and findings of consistency with the general plan. Ordinance No. 209-12 FINALLY PASSED by the following vote:

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

Noes: None

120353 [Planning Code - Mechanical Car Wash Facilities on 19th Avenue] Sponsors: Olague; Chu and Elsbernd Ordinance amending the San Francisco Planning Code by adding Section 187.2 to permit existing gasoline and service stations located on 19th Avenue to provide a mechanical car wash on the same site; making environmental findings and findings of consistency with the General Plan. Ordinance No. 201-12 FINALLY PASSED by the following vote:

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

Noes: None

120819 [Park Code - Petitioning, Leafleting, Picketing, and Soliciting in City Parks] Sponsor: Wiener Ordinance amending the San Francisco Park Code, Section 7.08, to repeal Subsection (d), which prohibits persons from petitioning, leafletting, demonstrating, or soliciting in designated areas of certain City parks while another event is in progress for which a permit has been issued by the Recreation and Park Department. Ordinance No. 210-12 FINALLY PASSED by the following vote:

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

Noes: None

120191 [Building Code - Definition of Efficiency Unit] Sponsor: Wiener Ordinance amending the San Francisco Building Code Section 1208.4 to reduce the square footage requirement for Efficiency Dwelling Units in new structures or buildings pursuant to Section 17958.1 of the California Health & Safety Code; and making environmental findings. Supervisor Wiener, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to November 13, 2012. The motion carried by the following vote:

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

Noes: None

Supervisor Wiener, seconded by Supervisor Campos, moved to Rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Wiener, seconded by Supervisor Campos, CONTINUED ON FIRST READING to November 20, 2012, by the following vote: play video

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

Noes: None

120751 [Appropriating $543,200,000 of Proceeds from the Sale of Bonds for Capital Improvement Projects to the Airport Commission - FY2012-2013] Sponsors: Mayor; Chiu Ordinance appropriating $543,200,000 of proceeds from the sale of bonds for capital improvement projects to the Airport Commission for FY2012-2013, and placing the total appropriation of $543,200,000 on Controller’s Reserve pending sale of the bonds. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

120759 [Airport Capital Plan Bonds - $502,200,000] Sponsors: Mayor; Chiu Resolution approving the issuance of up to $502,200,000 aggregate principal amount of San Francisco Airport Commission Capital Plan Bonds; and approving certain related matters. Resolution No. 349-12 ADOPTED by the following vote:

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

Noes: None

120822 [Lease Amendment - Union Square Garage - 333 Post Street] Sponsor: Chiu Resolution approving and authorizing an amendment to the Lease of the Union Square Garage at 333 Post Street with the City and County of San Francisco Uptown Parking Corporation to continue the term of the Lease for a period not to exceed 180 days following the retirement of certain parking revenue bonds until the City and the Corporation either execute a new lease to replace the existing Lease, or complete an agreement to terminate the Lease and create a new advisory body in place of the Corporation; and ratifying prior acts. Resolution No. 350-12 ADOPTED by the following vote:

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

Noes: None

120823 [Accept and Expend Grant - The Stop Study - $747,833] Sponsor: Wiener Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant in the amount of $747,833 from Centers for Disease Control and Prevention to participate in a program entitled "The Stop Study" for the period of June 15, 2012, through June 14, 2013. Resolution No. 351-12 ADOPTED by the following vote:

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

Noes: None

120860 [Contract Amendment - En Pointe Technology Sales, Inc. - $54,150,000] Resolution authorizing the Office of Contract Administration to enter into the Fifth Amendment between the City and County of San Francisco and En Pointe Technology Sales, Inc., part of the Technology Store procurement vehicle, in which the amendment shall increase the contract limit from $38,490,000 to $54,150,000, exercise the second of two options to extend the contract by one year through December 31, 2013, and update standard contractual clauses. (Office of Contract Administration) (Fiscal Impact) Resolution No. 352-12 ADOPTED by the following vote:

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

Noes: None

120861 [Contract Amendment - Xtech - $67,890,000] Resolution authorizing the Office of Contract Administration to enter into the Fifth Amendment between the City and County of San Francisco and Xtech, part of the Technology Store procurement vehicle, in which the amendment shall increase the contract limit from $51,490,000 to $67,890,000, exercise the second of two options to extend the contract by one year through December 31, 2013, and update standard contractual clauses. (Office of Contract Administration) Resolution No. 353-12 ADOPTED by the following vote:

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

Noes: None

120862 [Contract Amendment - CCT Technologies, Inc., dba ComputerLand of Silicon Valley - $34,460,000] Resolution authorizing the Office of Contract Administration to enter into the Third Amendment between the City and CCT Technologies, Inc., dba ComputerLand of Silicon Valley, part of the Technology Store procurement vehicle, in which the amendment shall increase the contract limit from $24,490,000 to $34,460,000, exercise the second of two options to extend the contract by one year through December 31, 2013, and update standard contractual clauses. (Office of Contract Administration) Resolution No. 354-12 ADOPTED by the following vote:

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

Noes: None

of Public Health); who responded to questions raised throughout the discussion Supervisor Olague, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to add a new section to request: 1) The Mayor's Office on Housing, Opportunity, Partnership and Engagement, in conjunction with the Municipal Transportation Agency, to assess how many vehicles are inhabited, collect demographics, and study the impact this legislation would have on those inhabiting vehicles, including any unintended consequences of the legislation; 2) Municipal Transportation Agency shall assess the possibility of opening parking lots in the same neighborhoods and creating partnerships with private entities to allow parking on private lots; 3) An assessment shall be made of the capacity of the City to provide housing and support services to those individuals and families with children that choose to avail themselves of such resources; and 4) The Mayor's Office on Housing, Opportunity, Partnership and Engagement and the Municipal Transportation Agency shall report to the Board of Supervisors on their findings within 90 days of the implementation of this Ordinance. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Olague

Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Wiener

Supervisor Chiu, seconded by Supervisor Chu, moved that this Ordinance be AMENDED to add a new section to require the Mayor's Office on Housing, Opportunity, Partnership and Engagement, in conjunction with the Municipal Transportation Agency, to: 1) Assess oversized vehicles and collect demographic information if possible; 2) Assess options for vehicle storage; 3) Track the transition of any individuals to City services subsequent to the operative date of the Ordinance; and 4) Report to the Board of Supervisors, at a public hearing, on their findings within 90 days of the effective date of this ordinance. The motion carried by the following vote:

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

Noes: Avalos, Campos, Olague

City and County of San Francisco Page 673 Printed at 1:22 pm on 11/5/12 Board of Supervisors Meeting Minutes 9/25/2012 Ordinance amending the San Francisco Transportation Code, Division I, Article 7, by adding Section 7.2.54 to prohibit the on-street parking of any vehicle over 22 feet in length or 7 feet in height, camp trailers, fifth-wheel travel trailers, house cars, trailer coaches, mobilehomes, recreational vehicles, or semi-trailers, as defined by the California Vehicle Code and Health and Safety Code, between the hours of 12 a.m. and 6 a.m. when Municipal Transportation Agency signs are posted giving notice; and making environmental findings. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Kim, Olague

120318 [Police Code - Additional Penalties for Foreclosed Properties] Sponsor: Cohen Ordinance amending the San Francisco Police Code, Article 1, and adding Sections 96 to 96.6 to: 1) declare that public nuisances occurring at foreclosed properties be considered aggravating factors in imposing civil penalties and injunctive relief; 2) hold individuals and entities who own significant numbers of foreclosed properties to increased civil penalties for failing to maintain the properties; and 3) make environmental findings. PASSED ON FIRST READING by the following vote: play video

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

Noes: None

120773 [Planning Code - Reinstating Liquor License Controls and Establishing Conditional Use Requirement for Limited Restaurants - Union Street Neighborhood Commercial District] Sponsors: Farrell; Wiener Ordinance amending the San Francisco Planning Code Section 725.1 to: 1) reinstate controls to prohibit liquor license types 47 and 49 in the Union Street Neighborhood Commercial District; and 2) requiring conditional use authorization for Limited Restaurants; and making environmental findings and findings of consistency with the General Plan. PASSED, ON FIRST READING by the following vote: play video

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

Noes: None

uthority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5) establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6) authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law. Privilege of the floor was granted to Jason Elliot (Mayor's Office); Jon Givner (City Attorney's Office); who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED ON FIRST READING to October 2, 2012. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Kim, Olague

Noes: Chu, Cohen, Elsbernd, Farrell, Mar, Wiener

Supervisor Olague, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED to clarify that the Board of Supervisors will retain review and approval power over the Successor Agency to the Former Redevelopment Agency's operational budget; and require the Successor Agency to the Former Redevelopment Agency provide a report within 120 days concerning a roadmap for future activities. The motion carried by the following vote:

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

Noes: None

Supervisor Kim, seconded by Supervisor Campos, moved that the Ordinance be AMENDED to require that two out of the five seats of the Successor Agency be representatives of at least two of the three area plans. The motion carried by the following vote:

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

Noes: Chu, Elsbernd, Farrell, Mar, Wiener

Supervisor Kim, seconded by Supervisor Campos, moved to RESCIND the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to require that two out of the five members be residents of the two supervisorial districts that include the largest portions of the three major plan areas. The motion carried by the following vote:

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

Noes: Chu, Elsbernd, Farrell, Wiener

mission as the policy body of the Successor Agency and delegating to it the authority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5) establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6) authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law. Supervisor Campos, seconded by Supervisor Avalos, moved that the Ordinance be AMENDED on Page 13, Lines 2-3, to strike 'The Commission may delegate to the Executive Director any of its duties it deems appropriate'. The motion carried by the following vote:

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

Noes: Chu, Elsbernd, Farrell, Mar, Wiener

Supervisor Cohen, seconded by Supervisor Chu, moved to RESCIND the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Campos, seconded by Supervisor Avalos, moved that the Ordinance be AMENDED to strike language that would allow the Board to delegate authority to their Executive Director. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Kim, Olague

Noes: Chu, Cohen, Elsbernd, Farrell, Mar, Wiener

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Campos

120928 [Summary Vacation of Public Service Easement; Approval of Sale of Easement Interest - 1407-1435 Market Street] Sponsor: Kim Ordinance ordering the summary vacation of public service easement and approving sale for $77,000 of City's interest in vacated easement over property located at 1407-1435 Market Street; adopting findings pursuant to the California Streets and Highways Code Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation and sale are in conformity with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing official acts in furtherance of this Ordinance. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Chu

120872 [Reappointment, Public Utilities Commission - Ann Moller Caen] Motion approving/rejecting the Mayor’s reappointment of Ann Moller Caen, to the Public Utilities Commission, Seat No. 3, for the unexpired portion of a four-year term ending August 1, 2016. (Clerk of the Board) Motion No. M12-107 APPROVED by the following vote: play video

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

Noes: None

120873 [Reappointment, Public Utilities Commission - Francesca Vietor] Motion approving/rejecting the Mayor’s reappointment of Francesca Vietor, to the Public Utilities Commission, Seat No. 1, for the unexpired portion of a four-year term ending August 1, 2016. (Clerk of the Board) Motion No. M12-108 APPROVED by the following vote: play video

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

Noes: None

120874 [Reappointment, Public Utilities Commission - Vince Courtney] Motion approving/rejecting the Mayor’s reappointment of Vince Courtney, to the Public Utilities Commission, Seat No. 5, for the unexpired portion of a four-year term ending August 1, 2016. (Clerk of the Board) Motion No. M12-109 APPROVED by the following vote: play video

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

Noes: None

120947 [Final Map 6431 - 55 Trumbull Street, 4 Craut Street] Motion approving Final Map 6431, a Two Lot Subdivision and 18 Residential Unit and 1 Commercial Unit Mixed-Use Condominium Project, located at 55 Trumbull Street, 4 Craut Street being a subdivision of Lot 006 & 007 in Assessors Block No. 5868, and a portion of Lot 034 in Assessor’s Block No. 5867, and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 Motion No. M12-114 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

gency employees; 4) creating the Successor Agency Commission as the policy body of the Successor Agency and delegating to it the authority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5) establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6) authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law. The President inquired as to whether any member of the public wished to address the Board related to File No. 120941. There were no speakers. Motion No. M12-110 APPROVED by the following vote: play video

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

Noes: None

120940 [Welcoming Daw Aung San Suu Kyi] Sponsor: Kim Resolution welcoming Daw Aung San Suu Kyi to the City and County of San Francisco and Honoring our Commitment to Ongoing Human Rights Struggle in Burma. Supervisor Kim, seconded by Supervisor Wiener, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE by the following vote:

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

Noes: None

City and County of San Francisco Page 681 Printed at 1:22 pm on 11/5/12 Board of Supervisors Meeting Minutes 9/25/2012 Resolution No. 355-12 ADOPTED AS AMENDED by the following vote:

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

Noes: None