# Board of Supervisors Minutes: October 16, 2012 - Meeting date: 2012-10-16 - Document type: minutes - Pages in official PDF: 22 - [Canonical HTML transcript](https://sfbos.info/documents/66/2012-10-16-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=213621&GUID=E7B09AB8-E123-4902-A079-9C360EBB13F3) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 120750: Administrative Code - Retention of Progressive Payments for Public Works Construction Contracts - Pages: 9-10 - Vote 1: first-reading - Action: 120750 [Administrative Code - Retention of Progressive Payments for Public Works Construction Contracts] Sponsors: Mayor; Chu Ordinance amending the San Francisco Administrative Code Section 6.22(J) to reduce the amount of retention withheld from progress payments in construction contracts from ten to five percent; and to make minor clarifying corrections. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120787: Board Response - Civil Grand Jury Report - Surcharges and Healthy San Francisco: Healthy for Whom? - Pages: 10 - Vote 1: adoption, likely final - Action: 120787 [Board Response - Civil Grand Jury Report - Surcharges and Healthy San Francisco: Healthy for Whom?] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2011-2012 Civil Grand Jury report entitled "Surcharges and Healthy San Francisco: Healthy for Whom?" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 377-12 ADOPTED by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener - Noes: Avalos, Campos, Kim, Mar, Olague ### File 120884: Accept and Expend Grant - Self-Contained Breathing Apparatus Inventory - $1,514,184 - Pages: 10 - Vote 1: adoption, likely final - Action: 120884 [Accept and Expend Grant - Self-Contained Breathing Apparatus Inventory - $1,514,184] Sponsor: Farrell Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of $1,514,184 from the Federal Emergency Management Agency to upgrade and replace its self-contained breathing apparatus inventory. (Fiscal Impact) Resolution No. 364-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### 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: 10-11 - Vote 1: first-reading - Action: 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, Chapter 41A, to extend the restrictions against converting apartment units to short-term occupancies to tenants or guests of business entities that rent such apartments, allow civil actions to be brought by certain non-profit entities, revise enforcement procedures, and making environmental findings. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120774: Planning Code - Permitting a Five Feet Ground Floor Height Increase for Active Ground Floor Uses in the Castro Street and the 24th Street - Noe Valley Neighborhood Commercial Districts - Pages: 11 - Vote 1: first-reading - Action: 120774 [Planning Code - Permitting a Five Feet Ground Floor Height Increase for Active Ground Floor Uses in the Castro Street and the 24th Street - Noe Valley Neighborhood Commercial Districts] Sponsor: Wiener Ordinance amending the San Francisco Planning Code by: 1) amending Section 263.20 to permit a five feet ground floor height increase for active ground floor uses in the Castro Street and the 24th Street - Noe Valley Neighborhood Commercial Districts; 2) replacing the figure in Section 263.20; 3) amending Sections 715.1 and 728.1 to make reference to this height exception; and 4) making findings including environmental findings and findings of consistency with Planning Code Section 101.1 and the General Plan. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120352: Administrative Code - Housing Preservation and Production - Pages: 11 - Vote 1: amendment - Action: 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. (Supervisor Wiener dissented in Committee.) Supervisor Wiener, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 2: first-reading - Action: Privilege of the floor was granted to AnMarie Rodgers (Planning Department) who responded to questions raised throughout the discussion. Supervisor Olague, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to October 23, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 111160: Business and Tax Regulations Code - Revisions to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area - Pages: 11 - Vote 1: first-reading - Action: 111160 [Business and Tax Regulations Code - Revisions to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area] Sponsor: Kim Ordinance amending the San Francisco Business and Tax Regulations Code Section 906.3-1 to clarify how members of the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area shall be appointed for their initial terms. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120858: Appointments, Commission of Animal Control and Welfare - Annemarie Fortier, Susana Russo, and Shari B. O'Neill - Pages: 11-12 - Vote 1: approval, likely final - Action: 120858 [Appointments, Commission of Animal Control and Welfare - Annemarie Fortier, Susana Russo, and Shari B. O'Neill] Motion appointing Annemarie Fortier, Susanna Russo, and Shari B. O’Neill, terms ending April 30, 2014, to the Commission of Animal Control and Welfare. (Clerk of the Board) Motion No. M12-119 APPROVED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ## Extracted text ### [Page 10](https://sfbos.info/documents/66/2012-10-16-minutes#page-10) Board of Supervisors Meeting Minutes 10/16/2012 120787 [Board Response - Civil Grand Jury Report - Surcharges and Healthy San Francisco: Healthy for Whom?] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2011-2012 Civil Grand Jury report entitled "Surcharges and Healthy San Francisco: Healthy for Whom?" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 377-12 ADOPTED by the following vote: Ayes: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener Noes: 5 - Avalos, Campos, Kim, Mar, Olague 120884 [Accept and Expend Grant - Self-Contained Breathing Apparatus Inventory - $1,514,184] Sponsor: Farrell Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of $1,514,184 from the Federal Emergency Management Agency to upgrade and replace its self-contained breathing apparatus inventory. (Fiscal Impact) Resolution No. 364-12 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 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, Chapter 41A, to extend the restrictions against converting apartment units to short-term occupancies to tenants or guests of business entities that rent such apartments, allow civil actions to be brought by certain non-profit entities, revise enforcement procedures, and making environmental findings. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 723 Printed at 3:05 pm on 12/7/12 ### [Page 11](https://sfbos.info/documents/66/2012-10-16-minutes#page-11) Board of Supervisors Meeting Minutes 10/16/2012 120774 [Planning Code - Permitting a Five Feet Ground Floor Height Increase for Active Ground Floor Uses in the Castro Street and the 24th Street - Noe Valley Neighborhood Commercial Districts] Sponsor: Wiener Ordinance amending the San Francisco Planning Code by: 1) amending Section 263.20 to permit a five feet ground floor height increase for active ground floor uses in the Castro Street and the 24th Street - Noe Valley Neighborhood Commercial Districts; 2) replacing the figure in Section 263.20; 3) amending Sections 715.1 and 728.1 to make reference to this height exception; and 4) making findings including environmental findings and findings of consistency with Planning Code Section 101.1 and the General Plan. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 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. (Supervisor Wiener dissented in Committee.) Supervisor Wiener, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Privilege of the floor was granted to AnMarie Rodgers (Planning Department) who responded to questions raised throughout the discussion. Supervisor Olague, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to October 23, 2012. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Recommendations of the Rules Committee 111160 [Business and Tax Regulations Code - Revisions to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area] Sponsor: Kim Ordinance amending the San Francisco Business and Tax Regulations Code Section 906.3-1 to clarify how members of the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area shall be appointed for their initial terms. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 120858 [Appointments, Commission of Animal Control and Welfare - Annemarie Fortier, Susana Russo, and Shari B. O'Neill] Motion appointing Annemarie Fortier, Susanna Russo, and Shari B. O’Neill, terms ending April 30, 2014, to the Commission of Animal Control and Welfare. (Clerk of the Board) Motion No. M12-119 APPROVED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 724 Printed at 3:05 pm on 12/7/12