Board of Supervisors Minutes: October 2, 2012

120897 [Settlement of Claim - Laurel Dawn Teixeira - $80,000] Resolution approving the settlement of the unlitigated claim filed by Laurel Dawn Teixeira against the City and County of San Francisco for $80,000; claim was filed on November 7, 2011. (City Attorney) Resolution No. 360-12 ADOPTED The foregoing items were acted upon by the following vote:

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

Excused: Farrell

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. Ordinance No. 215-12 FINALLY PASSED by the following vote: play video

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

Noes: Campos

Excused: Farrell

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) Ordinance No. 213-12 FINALLY PASSED by the following vote: play video

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

Excused: Farrell

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 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. Ordinance No. 211-12 FINALLY PASSED by the following vote: play video

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

Noes: Avalos, Campos, Kim, Olague

Excused: Farrell

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. Ordinance No. 212-12 FINALLY PASSED by the following vote: play video

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

Excused: Farrell

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. Ordinance No. 216-12 FINALLY PASSED by the following vote: play video

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

Excused: Farrell

120523 [Planning Code - Transit Impact Development Fee Increase and Updates] Sponsors: Mayor; Wiener and Olague Ordinance amending the San Francisco Planning Code, Article 4, by: 1) revising and making technical corrections to specified definitions in Section 401 relating to the Transit Impact Development Fee (TIDF); 2) amending Sections 402, 408, 411 through 411.5, 411.7, 411.8, and adding a new Section 411.9 to increase TIDF rates, revise exemptions and credits, and clarify TIDF implementation and collection; and 3) making environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Wiener, seconded by Supervisor Olague, moved that this Ordinance be CONTINUED ON FIRST READING to October 16, 2012. The motion carried by the following vote: play video

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

Excused: Farrell

120903 [Approving Updated Security Provisions for America’s Cup Lease Disposition Agreement] Sponsor: Chu Resolution approving revisions to the America’s Cup Lease Disposition Agreement with respect to the security for certain obligations of the City; authorizing and directing the procurement of insurance coverage for the City’s satisfaction of certain of such obligations; reaffirming the direction for ongoing staff progress reports as to the implementation of the America’s Cup events; and authorizing related actions. (Fiscal Impact) Resolution No. 361-12 ADOPTED by the following vote: play video

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

Excused: Farrell

120908 [Contract - New Flyer of America, Inc. - Low Floor Diesel-Hybrid Buses - Not to Exceed $36,889,364] Sponsors: Wiener; Chu Resolution approving a contract with New Flyer of America, Inc., for the purchase of 45 40-foot low floor diesel-hybrid buses, and related tools, training and spare parts, through the Cooperative Purchasing Venture established by the State of Minnesota's Materials Management Division, in an amount not to exceed $36,889,364 for a term not to exceed six years. Supervisor Chu requested to be added as a co-sponsor. Privilege of the floor was granted to Nelson Howard (MTA) who responded to questions raised throughout the discussion. Resolution No. 356-12 ADOPTED by the following vote: play video

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

Excused: Farrell

120931 [Real Property License Agreement - American Towers, LLC - 99 Moultrie] Sponsor: Mayor Resolution authorizing a renewal license agreement, with retroactive effective date, for telecommunications equipment from American Towers, LLC, at 99 Moultrie for use by the Department of Technology, the Department of Emergency Management, the Police Department and the Municipal Transportation Agency. Resolution No. 362-12 ADOPTED by the following vote: play video

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

Excused: Farrell

120818 [Administrative Code - Repealing Provisions Extending the Expiration Date of the 2003 Minority Business Enterprise/Women Business Enterprise/Local Business Enterprise Ordinance] Sponsor: Elsbernd Ordinance amending the San Francisco Administrative Code by: 1) repealing Section 12D.A.22 and amending Section 14B.18 to repeal provisions extending expiration of Chapter 12D.A in the event the injunction in Coral Construction, Inc., v. City and County of San Francisco (S.F. Sup. Ct. No. 421249) is lifted or stayed; and 2) amending a cross-reference to Section 14B.18 in Section 14B.13(D)(5). PASSED ON FIRST READING by the following vote: play video

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

Excused: Farrell

120643 [Liquor License Transfer - 398-12th Street] Resolution determining that the premises to premises transfer of a Type 48 on-sale general public premises liquor license from 2700-16th Street to 398-12th Street (District 6) to Mark E. Rennie for Double Rainbow, LLC, dba Roadhouse Tavern, will serve the convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 358-12 ADOPTED by the following vote: play video

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

Excused: Farrell

120465 [Liquor License - 937 Geary Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine for public premises bar license to Mohammad Awadalla for Amsterdam Cafe, located at 937 Geary Street (District 6), will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. Resolution No. 357-12 ADOPTED by the following vote: play video

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

Excused: Farrell

120721 [Liquor License Transfer - 222 Powell Street] Resolution determining that the transfer of a Type 48 on-sale general public liquor license from 2237 Mason Street to 222 Powell Street (District 3) to Mark E. Rennie for Sirhed Enterprises, LLC, dba Sam’s Cable Car Lounge, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. Resolution No. 359-12 ADOPTED by the following vote: play video

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

Excused: Farrell

120463 [General Plan - 2012 Community Safety Element Update] Sponsor: Wiener Ordinance amending the San Francisco General Plan by adopting the 2012 Community Safety Element update; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1(b). (Planning Commission) PASSED ON FIRST READING by the following vote: play video

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

Excused: Farrell

120464 [Planning Code - Threshold for Application of Inclusionary Affordable Housing Program] Sponsors: Mayor; Chiu, Kim, Wiener, Cohen and Chu Ordinance amending the San Francisco Planning Code Section 415.3 to: 1) provide that, as of January 15, 2013, the requirements of the Inclusionary Affordable Housing Program apply only to housing projects of 10 units or more and will no longer apply to buildings of 5 to 9 units that have not yet received a first construction document; 2) make conforming amendments to Planning Code Section 419.3 related to the Application of the UMU Affordable Housing Requirements to clarify that those requirements only apply to housing projects of 10 units or more; and 3) condition operation of the Ordinance on the adoption and implementation of the Housing Trust Fund Charter Amendment at the November 6, 2012, election; setting an operative date; and making environmental findings and findings of consistency with the General Plan. Supervisors Cohen and Chu requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote: play video

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

Excused: Farrell

120921 [Appointment, Child Care Planning and Advisory Council - Alli Cuentos] Motion appointing Alli Cuentos, term ending March 19, 2015, to the Child Care Planning and Advisory Council. (Clerk of the Board) Motion No. M12-115 APPROVED by the following vote:

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

Excused: Farrell

120925 [Appointment, Entertainment Commission - Naomi Akers] Motion appointing Naomi Akers, term ending July 1, 2013, to the Entertainment Commission. (Clerk of the Board) Motion No. M12-116 APPROVED by the following vote:

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

Excused: Farrell

120927 [Appointments, Wage Theft Task Force - Ace Wiseman, Charlotte Noss, Terrence Valen, Shaw San Liu, Tina Liang Chen, Dawn Huston, Karen Heisler, and Mani Sheik] Motion appointing Ace Wiseman, Charlotte Noss, Terrence Valen, Shaw San Liu, Tina Liang Chen, Dawn Huston, Karen Heisler, and Mani Sheik, terms to be determined, to the Wage Theft Task Force. (Clerk of the Board) Motion No. M12-117 APPROVED by the following vote:

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

Excused: Farrell

111239 [Police Code - Vehicle Press Cards] Ordinance amending San Francisco Police Code Sections 939, 939.1, 939.3, 939.5, and 939.7, and repealing San Francisco Police Code Sections 939.2, 939.4, and 939.6, to remove the Chief of Police's authority to issue or regulate Vehicle Press Cards. (Municipal Transportation Agency) PASSED ON FIRST READING by the following vote:

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

Excused: Farrell

120867 [Approving Planning Commission’s Decision Related to the Conditional Use Authorization - 175 Junipero Serra Boulevard] Motion approving the Planning Commission’s decision, by its Motion No. 18674, approving the Conditional Use Authorization identified as Planning Case No. 2012.0348C on property located at 175 Junipero Serra Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M12-118 Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote: play video

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

Excused: Farrell

120868 [Disapproving Planning Commission’s Decision Related to the Conditional Use Authorization - 175 Junipero Serra Boulevard] Motion disapproving the Planning Commission’s decision, by its Motion No. 18674, approving Conditional Use Authorization identified as Planning Case No. 2012.0348C on property located at 175 Junipero Serra Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: play video

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

Excused: Farrell

120869 [Preparation of Findings Related to the Conditional Use Authorization - 175 Junipero Serra Boulevard] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2012.0348C on property located at 175 Junipero Serra Boulevard. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: play video

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

Excused: Farrell

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. Resolution No. 363-12 ADOPTED The foregoing item was acted upon by the following vote:

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

Excused: Farrell