# Board of Supervisors Minutes: September 25, 2012 - Meeting date: 2012-09-25 - Document type: minutes - Pages in official PDF: 22 - [Canonical HTML transcript](https://sfbos.info/documents/60/2012-09-25-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=210124&GUID=746AC876-E495-45EE-A68C-6434025855E8) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 120836: Settlement of Lawsuit - Saeed Ibrahim - $35,000.00 - Pages: 2 ### File 120837: Settlement of Lawsuit - Lepakshi Nadh Jilakara - $40,000 - Pages: 2-3 ### File 120845: Settlement of Lawsuit - Brian Navarro - $225,000 - Pages: 3 ### File 120846: Settlement of Lawsuit - Fred Broussard - $125,000 - Pages: 3 ### File 120853: Settlement of Lawsuit - Raymond Quinn - $75,000 - Pages: 3 ### File 120855: Settlement of Lawsuit - Yim Bing Kwong - $60,000 - Pages: 3 ### File 120856: Settlement of Lawsuit - James Wilson - $77,072.75 - Pages: 3-4 - Vote 1: final-passage, likely final - Action: 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 ### File 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 - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 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 ### File 120631: Business and Tax Regulations, Police, and Planning Codes - Parking Tax Simplification for Residential Properties - Pages: 5 - Vote 1: final-passage, likely final - Action: 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 ### File 120353: Planning Code - Mechanical Car Wash Facilities on 19th Avenue - Pages: 5 - Vote 1: final-passage, likely final - Action: 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 ### File 120819: Park Code - Petitioning, Leafleting, Picketing, and Soliciting in City Parks - Pages: 5-6 - Vote 1: final-passage, likely final - Action: 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 ### File 120191: Building Code - Definition of Efficiency Unit - Pages: 6 - Vote 1: first-reading - Action: 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 - Vote 2: rescission - Action: 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 - Vote 3: first-reading - Action: 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 ### File 120751: Appropriating $543,200,000 of Proceeds from the Sale of Bonds for Capital Improvement Projects to the Airport Commission - FY2012-2013 - Pages: 6 - Vote 1: first-reading - Action: 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 ### File 120759: Airport Capital Plan Bonds - $502,200,000 - Pages: 6-7 - Vote 1: adoption, likely final - Action: 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 ### File 120822: Lease Amendment - Union Square Garage - 333 Post Street - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 120823: Accept and Expend Grant - The Stop Study - $747,833 - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 120860: Contract Amendment - En Pointe Technology Sales, Inc. - $54,150,000 - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 120861: Contract Amendment - Xtech - $67,890,000 - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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 ### File 120862: Contract Amendment - CCT Technologies, Inc., dba ComputerLand of Silicon Valley - $34,460,000 - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 120142: Transportation Code - Large Vehicle Parking Restrictions - Pages: 8-9 - Vote 1: amendment - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: first-reading - Action: 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 ### File 120318: Police Code - Additional Penalties for Foreclosed Properties - Pages: 9 - Vote 1: first-reading - Action: 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 ### File 120773: Planning Code - Reinstating Liquor License Controls and Establishing Conditional Use Requirement for Limited Restaurants - Union Street Neighborhood Commercial District - Pages: 9-10 - Vote 1: first-reading - Action: 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 ### File 120942: Committee of the Whole - Public Hearing - Ordinance of the Successor Agency to the Former Redevelopment Agency - Pages: 10-11 ### File 120898: Successor Agency to the Former Redevelopment Agency - Pages: 11-13 - Vote 1: first-reading - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: amendment - Action: 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 - Vote 4: rescission - Action: 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 - Vote 5: amendment - Action: 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 - Vote 6: amendment - Action: 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 - Vote 7: rescission - Action: 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 - Vote 8: amendment - Action: 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 - Vote 9: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Noes: Campos ### File 120928: Summary Vacation of Public Service Easement; Approval of Sale of Easement Interest - 1407-1435 Market Street - Pages: 13 - Vote 1: first-reading - Action: 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 - Absent: Chu ### File 120872: Reappointment, Public Utilities Commission - Ann Moller Caen - Pages: 13-14 - Vote 1: approval, likely final - Action: 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 ### File 120873: Reappointment, Public Utilities Commission - Francesca Vietor - Pages: 14 - Vote 1: approval, likely final - Action: 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 ### File 120874: Reappointment, Public Utilities Commission - Vince Courtney - Pages: 14 - Vote 1: approval, likely final - Action: 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 ### File 120948: Committee of the Whole - Public Hearing - Charges of Official Misconduct Filed by Mayor Edwin Lee Against Sheriff Ross Mirkarimi - Pages: 15 ### File 120945: Final Map 6450 - 626-628 Natoma Street - Pages: 15 ### File 120946: Final Map 7042 - 750-2nd Street - Pages: 15 ### File 120947: Final Map 6431 - 55 Trumbull Street, 4 Craut Street - Pages: 15-16 - Vote 1: approval, likely final - Action: 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 ### File 120941: Committee of the Whole - Public Hearing - Successor Agency to the Former Redevelopment Agency - Pages: 16 - Vote 1: approval, likely final - Action: 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 ### File 120940: Welcoming Daw Aung San Suu Kyi - Pages: 16-17 - Vote 1: amendment - Action: 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 - Vote 2: adoption, likely final - Action: 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 ### File 120963: Business and Tax Regulations Code - Improvement Districts: Longer Term When Assessments Pledged to Bond, Lease, or Other Obligations; Alternative 2/3 Weighted Vote by Businesses - Pages: 17 ### File 120964: Campaign and Governmental Conduct Code - Updating Conflict of Interest Code - Pages: 17-18 ### File 120965: Business and Tax Regulations Code - Prevent Termination of Payroll Expense Tax Exclusion for Small Business Net New Payroll if Voters Adopt Gross Receipts Tax - Pages: 18 ### File 120966: Administrative Code - Healthy Food Retailer Incentives Program - Pages: 18 ### File 120967: Transportation, Police, and Business and Tax Regulations Codes - Motor Vehicles for Hire - Pages: 18-19 ### File 120299: Administrative Code - Extending Restrictions of the Apartment Conversion Ordinance to Business-Sponsored Short Term Occupancies; Allowing Civil Actions by Certain Non-Profit Entities; Revising Enforcement Procedures - Pages: 19 ### File 120352: Administrative Code - Housing Preservation and Production - Pages: 19 ### File 120434: Police Code - Amendments to Junk Dealer and Junk Gatherer Permit Process - Pages: 19-20 ### File 120968: Accept and Expend - FY2011 CalHome Grant - $1,500,000 - Pages: 20 ### File 120969: Approval of the Ryan White Act HIV/AIDS Emergency Relief Grant Program Application - $36,118,233 - Pages: 20 ### File 120970: Authorizing the Installation of a “Rosie the Riveter” Plaque - Vallejo Street at Kearny Street - Pages: 20 ### File 120958: Appointment, California State Association of Counties - Supervisor Eric Mar - Pages: 20 ### File 120971: Hearing - Update on San Francisco's Public Safety Conditions - Pages: 20-21 ### File 120972: Hearing - Status of Local Hiring, Union Hiring, and Payment of the Prevailing Wage by the America's Cup Even Authority - Pages: 21 ### File 120973: Hearing - Citizen's Advisory Committee for the Central Market and Tenderloin Area - Pages: 21 ### File 120974: Hearing - Potential Traffic Parking and Circulation Impacts of Target Shopping Center - Masonic and Geary - Pages: 21 ### File 120975: Hearing - Status of the Development Project Proposed for the Alexandria Theater - Pages: 21 ### File 120977: Appointment, Sunshine Ordinance Task Force - Bruce Oka - Pages: 21-22 ### File 120929: Settlement of Lawsuit - City and County of San Francisco - $95,000 - Pages: 22 ## Extracted text ### [Page 1](https://sfbos.info/documents/60/2012-09-25-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 25, 2012 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, CHRISTINA OLAGUE, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Budget and Finance Committee Wednesday Supervisors Chu, Avalos, Kim 11:00 AM City and School District Select Committee 4th Thursday Supervisors Campos, Olague, Chiu, Commissioners Fewer, Maufas, Mendoza 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Elsbernd, Chu, Olague 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Farrell, Elsbernd, Chiu 1:00 PM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Avalos, Olague, Mar 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Farrell, Campos 1:30 PM Volume 107 Number 30 ### [Page 2](https://sfbos.info/documents/60/2012-09-25-minutes#page-2) Board of Supervisors Meeting Minutes 9/25/2012 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Christina Olague, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:16 p.m. On the call of the roll all Supervisors were noted present. play video AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Rules Committee 120836 [Settlement of Lawsuit - Saeed Ibrahim - $35,000.00] Ordinance authorizing settlement of the lawsuit filed by Saeed Ibrahim against the City and County of San Francisco for $35,000.00; the lawsuit was filed on February 17, 2011, in U.S. District Court, Case No. CV 11-1695-RS; entitled Saeed Ibrahim v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 202-12 FINALLY PASSED 120837 [Settlement of Lawsuit - Lepakshi Nadh Jilakara - $40,000] Ordinance authorizing settlement of the lawsuit filed by Lepakshi Nadh Jilakara against the City and County of San Francisco for $40,000; the lawsuit was filed on April 26, 2011, in San Francisco Superior Court, Case No. CGC-11-510513; entitled Lepakshi Nadh Jilakara, et al., v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 203-12 FINALLY PASSED City and County of San Francisco Page 667 Printed at 1:22 pm on 11/5/12 ### [Page 3](https://sfbos.info/documents/60/2012-09-25-minutes#page-3) Board of Supervisors Meeting Minutes 9/25/2012 120845 [Settlement of Lawsuit - Brian Navarro - $225,000] Ordinance authorizing settlement of the lawsuit filed by Brian Navarro against the City and County of San Francisco for $225,000; the lawsuit was filed on March 1, 2011, in Brian Navarro vs. City and County of San Francisco, Case No.CGC-11-508644; entitled Brian Navarro, et al., v. City and County of San Francisco, et al.; other material terms of said settlement are material terms. (City Attorney) Ordinance No. 204-12 FINALLY PASSED 120846 [Settlement of Lawsuit - Fred Broussard - $125,000] Ordinance authorizing settlement of the lawsuit filed by Fred Broussard against the City and County of San Francisco for $125,000; the lawsuit was filed on October 4, 2010, in the United States District Court for the Northern District of California, Case No. CV10-4997 WHA; entitled Fred Broussard, et al. v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 205-12 FINALLY PASSED 120853 [Settlement of Lawsuit - Raymond Quinn - $75,000] Ordinance authorizing settlement of the lawsuit filed by Raymond Quinn against the City and County of San Francisco for $75,000; the lawsuit was filed on February 16, 2012, in US District Court, Case No. CV-12-0766 DMR; entitled Raymond Quinn v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 206-12 FINALLY PASSED 120855 [Settlement of Lawsuit - Yim Bing Kwong - $60,000] Ordinance authorizing settlement of the lawsuit filed by Yim Bing Kwong against the City and County of San Francisco for $60,000; the lawsuit was filed on October 27, 2010, in the United States District Court for the Northern District of California, Case No. C-10-4860, entitled Yim Bing Kwong v. City and County of San Francisco. (City Attorney) Ordinance No. 207-12 FINALLY PASSED 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 668 Printed at 1:22 pm on 11/5/12 ### [Page 4](https://sfbos.info/documents/60/2012-09-25-minutes#page-4) Board of Supervisors Meeting Minutes 9/25/2012 REGULAR AGENDA play video UNFINISHED BUSINESS Recommendations of the Budget and Finance Committee 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: 8 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener Noes: 3 - Chu, Elsbernd, Farrell City and County of San Francisco Page 669 Printed at 1:22 pm on 11/5/12 ### [Page 5](https://sfbos.info/documents/60/2012-09-25-minutes#page-5) Board of Supervisors Meeting Minutes 9/25/2012 120631 [Business and Tax Regulations, Police, and Planning Codes - Parking Tax Simplification for Residential Properties] Sponsor: Wiener Ordinance: 1) amending the San Francisco Business and Tax Regulations Code by adding Section 609 to establish Parking Tax Simplification for Residential Properties to relieve residential property owners and managers 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Recommendations of the Land Use and Economic Development Committee 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 670 Printed at 1:22 pm on 11/5/12 ### [Page 6](https://sfbos.info/documents/60/2012-09-25-minutes#page-6) Board of Supervisors Meeting Minutes 9/25/2012 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Wiener, seconded by Supervisor Campos, moved to Rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Wiener, seconded by Supervisor Campos, CONTINUED ON FIRST READING to November 20, 2012, by the following vote: play video Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 671 Printed at 1:22 pm on 11/5/12 ### [Page 7](https://sfbos.info/documents/60/2012-09-25-minutes#page-7) Board of Supervisors Meeting Minutes 9/25/2012 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 672 Printed at 1:22 pm on 11/5/12 ### [Page 8](https://sfbos.info/documents/60/2012-09-25-minutes#page-8) Board of Supervisors Meeting Minutes 9/25/2012 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Recommendations of the Land Use and Economic Development Committee 120142 [Transportation Code - Large Vehicle Parking Restrictions] Sponsors: Chu; Cohen 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 seven 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. Privilege of the floor was granted to Bond Yee (Municipal Transportation Agency); Bevan Dufty, Director (Mayor's Office of Housing Opportunity, Partnerships and Engagement); and Dr. Rajesh Parekh (Department 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: 4 - Avalos, Campos, Kim, Olague Noes: 7 - 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: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Noes: 3 - Avalos, Campos, Olague City and County of San Francisco Page 673 Printed at 1:22 pm on 11/5/12 ### [Page 9](https://sfbos.info/documents/60/2012-09-25-minutes#page-9) 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: 7 - Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Wiener Noes: 4 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 674 Printed at 1:22 pm on 11/5/12 ### [Page 10](https://sfbos.info/documents/60/2012-09-25-minutes#page-10) Board of Supervisors Meeting Minutes 9/25/2012 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole (Pursuant to File No. 120941, approved September 25, 2012.) 120942 [Committee of the Whole - Public Hearing - Ordinance of the Successor Agency to the Former Redevelopment Agency] Sponsor: Cohen Hearing on Ordinance of the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco implementing the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by 1) acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco"; 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency 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. (File No. 120898) The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to the proposed Resolution as referenced in File No. 120898. Naomi Kelly, City Administrator; Tiffany Bohee (Successor Agency to the former Redevelopment Agency); provided an overview of the Ordinance. Ray Haristep; Cathy Allioto; Male Speaker; Espanola Jackson; Diane Wesley Smith; Robert Wood; Male Speaker; Tom Radulovich; Perin Woods; Dr. Veronica Honeycut; DeeDee Workman; Male Speaker; Christine Johnson; Ace Washington; Michael Terrance; Amen; Eric Brooks; Calvin Welch; Arnold Townsend; Miguel Bustos; David Elliot; expressed concerns relating to the proposed Ordinance. There were no other speakers. The President declared the public hearing closed, adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AND FILED play video Committee of the Whole Adjourn and Report City and County of San Francisco Page 675 Printed at 1:22 pm on 11/5/12 ### [Page 11](https://sfbos.info/documents/60/2012-09-25-minutes#page-11) Board of Supervisors Meeting Minutes 9/25/2012 120898 [Successor Agency to the Former Redevelopment Agency] Sponsors: Mayor; Kim, Cohen and Olague Ordinance of the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco implementing the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by 1) acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco"; 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency 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. 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: 5 - Avalos, Campos, Chiu, Kim, Olague Noes: 6 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 6 - Avalos, Campos, Chiu, Cohen, Kim, Olague Noes: 5 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 7 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague Noes: 4 - Chu, Elsbernd, Farrell, Wiener City and County of San Francisco Page 676 Printed at 1:22 pm on 11/5/12 ### [Page 12](https://sfbos.info/documents/60/2012-09-25-minutes#page-12) Board of Supervisors Meeting Minutes 9/25/2012 Ordinance of the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco implementing the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by: 1) acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco;" 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency 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. 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: 6 - Avalos, Campos, Chiu, Cohen, Kim, Olague Noes: 5 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 5 - Avalos, Campos, Chiu, Kim, Olague Noes: 6 - Chu, Cohen, Elsbernd, Farrell, Mar, Wiener PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Noes: 1 - Campos City and County of San Francisco Page 677 Printed at 1:22 pm on 11/5/12 ### [Page 13](https://sfbos.info/documents/60/2012-09-25-minutes#page-13) Board of Supervisors Meeting Minutes 9/25/2012 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Mar, seconded by Supervisor Avalos, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Mar recognized the accomplishments of Todd David, Founder of Ed Match, and Michelle Parker, Parent Teacher Association, for their work in supporting the San Francisco school system and continued community support. COMMITTEE REPORTS play video Recommendation of the Land Use and Economic Development Committee 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: 10 - Avalos, Campos, Chiu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - Chu Recommendations of the Rules Committee 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 678 Printed at 1:22 pm on 11/5/12 ### [Page 14](https://sfbos.info/documents/60/2012-09-25-minutes#page-14) Board of Supervisors Meeting Minutes 9/25/2012 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. play video PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Male Speaker; expressed concerns relating to the Mayor's decisions. Vivian Curiali; expressed concerns relating to Sheriff Ross Mirkarimi. Ms. Rosalias; expressed concerns relating to Sheriff Ross Mirkarimi. Female Speaker; expressed concerns relating to Sheriff Ross Mirkarimi. Female Speaker, (speaking in Spanish) expressed concerns relating to Sheriff Ross Mikarimi. Male Speaker, (speaking in Spanish) expressed concerns relating to Sheriff Ross Mikarimi. Male Speaker, expressed concerns relating to KPOO radio. Paul Currier; expressed various concerns. Lin Gavin; expressed concerns relating to the Sunshine Ordinance Task Force. Male Speaker; expressed concerns relating to toxic chemical in synthetic fields. Tom Givner; expressed concerns relating noise pollution. Male Speaker; expressed various religious concerns. Peter Warfield; expressed concerns relating to the SF Public Library. Male Speaker; expressed various religious concerns. play video City and County of San Francisco Page 679 Printed at 1:22 pm on 11/5/12 ### [Page 15](https://sfbos.info/documents/60/2012-09-25-minutes#page-15) Board of Supervisors Meeting Minutes 9/25/2012 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 120948 [Committee of the Whole - Public Hearing - Charges of Official Misconduct Filed by Mayor Edwin Lee Against Sheriff Ross Mirkarimi] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole for a Special Meeting on October 9, 2012, at 2:00 p.m., to hear the matter related to the charges of official misconduct filed by Mayor Edwin Lee against Sheriff Ross Mirkarimi pursuant to Charter Section 15.105. (Clerk of the Board) Motion No. M12-111 APPROVED 120945 [Final Map 6450 - 626-628 Natoma Street] Motion approving Final Map 6450, a Five Unit Residential Condominium Project, located at 626-628 Natoma Street being a subdivision of Lot 048 in Assessors Block No. 3727 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. Motion No. M12-112 APPROVED 120946 [Final Map 7042 - 750-2nd Street] Motion approving Final Map 7042, a One Lot Merger and Resubdivision and a 14 Residential Unit and 1 Commercial Unit Mixed-Use Condominium Project, located at 750-2nd Street being a subdivision of Lot 002A in Assessors Block No. 3794 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. Motion No. M12-113 APPROVED 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 680 Printed at 1:22 pm on 11/5/12 ### [Page 16](https://sfbos.info/documents/60/2012-09-25-minutes#page-16) Board of Supervisors Meeting Minutes 9/25/2012 Severed from the For Adoption Without Committee Reference Supervisor Chiu requested that File No. 120941 be severed so that it may be considered separately. 120941 [Committee of the Whole - Public Hearing - Successor Agency to the Former Redevelopment Agency] Sponsor: Cohen Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on September 25, 2012, at 3:00 p.m., to hold a public hearing on the Ordinance of the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco implementing the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by 1) acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco"; 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Kim requested that File No. 120940 be severed so that it may be considered separately. 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 681 Printed at 1:22 pm on 11/5/12 ### [Page 17](https://sfbos.info/documents/60/2012-09-25-minutes#page-17) Board of Supervisors Meeting Minutes 9/25/2012 Resolution No. 355-12 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener IMPERATIVE AGENDA There were no items. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 120963 [Business and Tax Regulations Code - Improvement Districts: Longer Term When Assessments Pledged to Bond, Lease, or Other Obligations; Alternative 2/3 Weighted Vote by Businesses] Sponsor: Mayor Ordinance amending San Francisco Business and Tax Regulations Code Article 15 "Business Improvement Districts Procedure Code" by amending Sections 1510 and 1511, and by adding Section 1515, to: 1) provide for a district term of up to 40 years when assessments are pledged or applied to pay any bond, financing lease (including any certificates of participation therein), or other similar obligations of the City; 2) authorize the Board of Supervisors to require a weighted two-thirds (2/3) vote of business owners to be assessed, based on ballots cast, as an alternative or additional procedure for establishing a business improvement district and levying assessments; and 3) clarify existing provisions and update references to state law; and making a finding that California Constitution Article XIIID does not apply to the levy of business assessments authorized by Business and Tax Regulations Code Article 15. 09/25/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. 120964 [Campaign and Governmental Conduct Code - Updating Conflict of Interest Code] Sponsor: Chiu Ordinance amending the San Francisco Campaign and Governmental Conduct Code to update the City's Conflict of Interest Code. 09/25/12; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/25/2012. City and County of San Francisco Page 682 Printed at 1:22 pm on 11/5/12 ### [Page 18](https://sfbos.info/documents/60/2012-09-25-minutes#page-18) Board of Supervisors Meeting Minutes 9/25/2012 120965 [Business and Tax Regulations Code - Prevent Termination of Payroll Expense Tax Exclusion for Small Business Net New Payroll if Voters Adopt Gross Receipts Tax] Sponsors: Farrell; Campos, Elsbernd, Chu, Wiener and Cohen Ordinance amending the San Francisco Business and Tax Regulations Code Article 12-A by amending Section 906.5 to prevent the Payroll Expense Tax Exclusion for Small Business Net New Payroll for years 2012 through 2015 from terminating in the event the voters of the City and County of San Francisco pass a gross receipts tax. (Fiscal Impact) 09/25/12; ASSIGNED to Budget and Finance Committee. 120966 [Administrative Code - Healthy Food Retailer Incentives Program] Sponsors: Mar; Olague Ordinance amending the San Francisco Administrative Code by adding Chapter 59 (Sections 59.1-59.9) to establish a Healthy Food Retailer Incentives Program to oversee and coordinate the City’s incentive and assistance programs for Healthy Food Retailers. 09/25/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/25/2012. 120967 [Transportation, Police, and Business and Tax Regulations Codes - Motor Vehicles for Hire] Sponsor: Wiener Ordinance: 1) amending the San Francisco Transportation Code, Division I, by: a) adding Section 1.4 confirming the transfer of jurisdiction over taxicabs to the San Francisco Municipal Transportation Agency (SFMTA) as originally memorialized in former Police Code Section 1075; b) adding Section 1.5, which is former Section 7.4 of the Transportation Code, requiring SFMTA to report quarterly to the Board of Supervisors on its progress increasing and improving taxi service; c) adding Section 1.6 consisting of former Section 1135.1(d) of the Police Code; d) amending Section 3.1(e) to clarify the authority of the Director of Transportation to designate staff who may enforce parking laws, and deleting Section 3.1(f), which makes such designations; e) adding Section 3.5 granting the SFMTA authority to subpoena evidence and testimony relevant to its enforcement of motor vehicle for hire regulations; f) amending Article 7 by renumbering existing Sections 7.3.1 - 7.3.11; g) amending Section 7.3.50 to increase the penalty for driving or operating a taxi without a permit; h) adding Section 7.3.56 making it a misdemeanor to operate a taxi without a functioning taximeter; i) adding Section 7.3.57 making it a misdemeanor for an operator of a charter party carrier to refuse to produce a waybill; and j) deleting Section 7.4; 2) amending the San Francisco Police Code by repealing Article 16 in its entirety; and 3) amending the San Francisco Business and Tax Regulations Code by repealing Section 76.5. 09/25/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/25/2012. City and County of San Francisco Page 683 Printed at 1:22 pm on 11/5/12 ### [Page 19](https://sfbos.info/documents/60/2012-09-25-minutes#page-19) Board of Supervisors Meeting Minutes 9/25/2012 120299 [Administrative Code - Extending Restrictions of the Apartment Conversion Ordinance to Business-Sponsored Short Term Occupancies; Allowing Civil Actions by Certain Non-Profit Entities; Revising Enforcement Procedures] Sponsors: Chiu; Mar Ordinance amending the San Francisco Administrative Code by amending Chapter 41A to 1) extend the restrictions against converting apartment units to short-term occupancies to tenants or guests of business entities that rent such apartments; (2) allow civil actions to be brought by certain non-profit entities; (3) revise enforcement procedures; and 4) making environmental findings. 03/27/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/26/2012. 04/02/12; REFERRED TO DEPARTMENT. 04/02/12; RESPONSE RECEIVED. 09/25/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 120352 [Administrative Code - Housing Preservation and Production] Sponsors: Olague; Kim, Campos and Mar Ordinance amending the San Francisco Administrative Code by 1) amending the title of Chapter 10E and adding Section 10E.4 to monitor San Francisco's housing preservation and production policies and goals; and 2) making environmental finding. 04/10/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/10/2012. 04/16/12; REFERRED TO DEPARTMENT. 07/12/12; RESPONSE RECEIVED. 09/25/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 120434 [Police Code - Amendments to Junk Dealer and Junk Gatherer Permit Process] Sponsor: Cohen Ordinance amending the San Francisco Police Code Sections 974.1, 974.2, 974.4, 974.8, 974.9, 974.10-1, 974.11, 974.14-1, 974.14-2, 974.21, 974.22, 895, 2.26 and 2.27 and repealing Sections 974.5, 974.6, 974.10-2, 974.23 and 896 through 898 to: 1) cause all existing junk dealer and junk gatherer permits to expire as of December 31, 2012; 2) establish an annual permit for junk dealers with junk yards and a two-year permit for other junk dealers; 3) provide for permit suspensions and revocations to remain in effect during any administrative appeal; 4) amend the permit enforcement process; and 5) update fees; and making environmental findings. 05/01/12; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/31/2012. 05/10/12; REFERRED TO DEPARTMENT. 05/10/12; TRANSFERRED to Land Use and Economic Development Committee. 05/11/12; REFERRED TO DEPARTMENT. 06/19/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 09/25/12; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 684 Printed at 1:22 pm on 11/5/12 ### [Page 20](https://sfbos.info/documents/60/2012-09-25-minutes#page-20) Board of Supervisors Meeting Minutes 9/25/2012 Resolutions 120968 [Accept and Expend - FY2011 CalHome Grant - $1,500,000] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing to accept and expend the FY2011 CalHome grant from the California Department of Housing and Community Development in a total amount of $1,500,000 and to expend program income from associated loan repayments to assist low-income first-time homebuyers and low-income homeowners. 09/25/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. 120969 [Approval of the Ryan White Act HIV/AIDS Emergency Relief Grant Program Application - $36,118,233] Sponsors: Mayor; Wiener Resolution authorizing the San Francisco Department of Public Health to submit an application to continue to receive funding for the Ryan White Act HIV/AIDS Emergency Relief Grant Program (Ryan White Programs, Part A) grant from the Health Resources Services Administration, requesting $36,118,233 in HIV emergency relief program funding for the San Francisco Eligible Metropolitan Area for the period of March 1, 2013, through February 28, 2014. 120970 [Authorizing the Installation of a “Rosie the Riveter” Plaque - Vallejo Street at Kearny Street] Sponsor: Chiu Resolution authorizing the installation of a new “Rosie the Riveter” bronze sidewalk plaque to replace the existing plaque in accordance with Public Works Code Sections 789 et seq., the Commemorative Street Plaque Ordinance. Motions 120958 [Appointment, California State Association of Counties - Supervisor Eric Mar] Motion appointing Supervisor Eric Mar, term ending November 28, 2013, to the California State Association of Counties Board of Directors. (Clerk of the Board) 09/25/12; RECEIVED AND ASSIGNED to Rules Committee. Requests for Hearing 120971 [Hearing - Update on San Francisco's Public Safety Conditions] Sponsor: Avalos Hearing to receive a briefing on San Francisco's public safety conditions from the San Francisco Police Department and/or Mayor’s Office of Criminal Justice, including: 1) an update on crime statistics citywide and broken down by police district station and/or neighborhood; 2) reports on arrests, charges, and prosecutions made; 3) information on the progress of crime fighting strategies and crime prevention programs; and 4) an other relevant information. 09/25/12; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 685 Printed at 1:22 pm on 11/5/12 ### [Page 21](https://sfbos.info/documents/60/2012-09-25-minutes#page-21) Board of Supervisors Meeting Minutes 9/25/2012 120972 [Hearing - Status of Local Hiring, Union Hiring, and Payment of the Prevailing Wage by the America's Cup Even Authority] Sponsor: Avalos Hearing to review the status of the America’s Cup Event Authority’s compliance with their commitments in the Workforce Development and Local Small Business Inclusion Plan to comply with the San Francisco’s mandatory local hiring program and use union contractors for all construction and temporary installation work, and with the prevailing wage provisions in the San Francisco Administrative Code. 09/25/12; RECEIVED AND ASSIGNED to Budget and Finance Committee. 120973 [Hearing - Citizen's Advisory Committee for the Central Market and Tenderloin Area] Sponsor: Kim Hearing on the six month report of the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area. 09/25/12; RECEIVED AND ASSIGNED to Rules Committee. 120974 [Hearing - Potential Traffic Parking and Circulation Impacts of Target Shopping Center - Masonic and Geary] Sponsor: Mar Hearing on the potential traffic parking and circulation impacts of the new Target shopping center at Masonic and Geary. 09/25/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120975 [Hearing - Status of the Development Project Proposed for the Alexandria Theater] Sponsor: Mar Hearing on the status of the development project proposed for the Alexandria Theater 09/25/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120977 [Appointment, Sunshine Ordinance Task Force - Bruce Oka] Hearing to consider appointing one member, term ending April 27, 2013, to the Sunshine Ordinance Task Force. (Clerk of the Board) Vacant seat 11, succeeding Jackson West, resigned, must be a member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, for the unexpired portion of a two-year term ending April 27, 2013. 09/25/12; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 686 Printed at 1:22 pm on 11/5/12 ### [Page 22](https://sfbos.info/documents/60/2012-09-25-minutes#page-22) Board of Supervisors Meeting Minutes 9/25/2012 Introduced by the President at the Request of a Department Pursuant to Section 2.8 of the Rules of Order of the Board of Supervisors, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board and introduced by the President. PROPOSED ORDINANCE 120929 [Settlement of Lawsuit - City and County of San Francisco - $95,000] Ordinance authorizing settlement of a lawsuit for breach of contract, declaratory judgment and permanent injunction filed by the City and County of San Francisco against Geary Courtyard Associates, ERP Operating Limited Partnership and Equity Residential, for $95,000; the lawsuit entitled City and County of San Francisco v. Geary Courtyard Associates, et al., Case No. CGC 12-520504, filed May 4, 2012, in San Francisco Superior Court. (City Attorney) 09/14/12; RECEIVED FROM DEPARTMENT. 09/18/12; RECEIVED AND ASSIGNED to Rules Committee. ADJOURNMENT There being no further business, the Board adjourned at the hour of 6:14 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on October 30, 2012. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 687 Printed at 1:22 pm on 11/5/12