# 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 120818: Administrative Code - Repealing Provisions Extending the Expiration Date of the 2003 Minority Business Enterprise/Women Business Enterprise/Local Business Enterprise Ordinance

- Pages: 4-5
- Vote 1: final-passage, likely final
  - Action: 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). Ordinance No. 220-12 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

### File 120463: General Plan - 2012 Community Safety Element Update

- Pages: 5
- Vote 1: final-passage, likely final
  - Action: 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) Ordinance No. 218-12 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

### File 120464: Planning Code - Threshold for Application of Inclusionary Affordable Housing Program

- Pages: 5
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 219-12 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

### File 120523: Planning Code - Transit Impact Development Fee Increase and Updates

- Pages: 5-6
- Vote 1: first-reading
  - Action: 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 revising and making technical corrections to specified definitions in Section 401 relating to the Transit Impact Development Fee (TIDF), 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 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 Chu, moved that this Ordinance be CONTINUED ON FIRST READING to November 20, 2012. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

### File 111239: Police Code - Vehicle Press Cards

- Pages: 6
- Vote 1: final-passage, likely final
  - Action: 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) Ordinance No. 217-12 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

### File 120854: Settlement of Lawsuit - Brock Rasmussen - $175,000

- Pages: 6
- Vote 1: final-passage, likely final
  - Action: 120854 [Settlement of Lawsuit - Brock Rasmussen - $175,000] Ordinance authorizing settlement of the lawsuit filed by Brock Rasmussen against the City and County of San Francisco for $175,000; the lawsuit was filed on January 11, 2010, in San Francisco Superior Court, Case No. CGC-10-495963; entitled Brock Rasmussen v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 221-12 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

### File 120904: Real Property Lease - 2650 Bayshore Boulevard - Towed Car Operations and Other Transit Related Uses

- Pages: 6-7
- Vote 1: adoption, likely final
  - Action: 120904 [Real Property Lease - 2650 Bayshore Boulevard - Towed Car Operations and Other Transit Related Uses] Sponsor: Elsbernd Resolution authorizing the lease of an approximate 12.72 acre property with 255,420 rentable square feet of warehouse, office and parking lot space at 2650 Bayshore Boulevard, Daly City, California, from Prologis, L.P. for a 20-year term, plus two five-year extension options, at an initial annual base rent of $2,449,642 with annual increases, for the San Francisco Municipal Transportation Agency's towed car operations and other transit related uses. (Fiscal Impact) Privilege of the floor was granted to Kerstin Magary (MTA) who responded to questions raised throughout the discussion. Resolution No. 365-12 ADOPTED by the following vote:
  - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Noes: Avalos, Campos, Olague

## Extracted text

### [Page 5](https://sfbos.info/documents/66/2012-10-16-minutes#page-5)

Board of Supervisors                             Meeting Minutes                                              10/16/2012




Recommendations of the Land Use and Economic Development Committee

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)
            Ordinance No. 218-12
            FINALLY PASSED by the following vote:
                 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener


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.
            Ordinance No. 219-12
            FINALLY PASSED by the following vote:
                 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener


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 revising and making technical
            corrections to specified definitions in Section 401 relating to the Transit Impact Development Fee
            (TIDF), 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 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 Chu, moved that this Ordinance be CONTINUED ON
            FIRST READING to November 20, 2012. The motion carried by the following vote:
                 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener




City and County of San Francisco                        Page 718                             Printed at 3:05 pm on 12/7/12

### [Page 6](https://sfbos.info/documents/66/2012-10-16-minutes#page-6)

Board of Supervisors                               Meeting Minutes                                                10/16/2012




Recommendation of the Public Safety Committee

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)
            Ordinance No. 217-12
            FINALLY PASSED by the following vote:
                 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener



Recommendation of the Rules Committee

120854 [Settlement of Lawsuit - Brock Rasmussen - $175,000]
            Ordinance authorizing settlement of the lawsuit filed by Brock Rasmussen against the City and
            County of San Francisco for $175,000; the lawsuit was filed on January 11, 2010, in San Francisco
            Superior Court, Case No. CGC-10-495963; entitled Brock Rasmussen v. City and County of San
            Francisco, et al. (City Attorney)
            Ordinance No. 221-12
            FINALLY PASSED by the following vote:
                 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener



NEW BUSINESS


From the Budget and Finance Committee Without Recommendation

120904 [Real Property Lease - 2650 Bayshore Boulevard - Towed Car Operations and
       Other Transit Related Uses]
            Sponsor: Elsbernd
            Resolution authorizing the lease of an approximate 12.72 acre property with 255,420 rentable
            square feet of warehouse, office and parking lot space at 2650 Bayshore Boulevard, Daly City,
            California, from Prologis, L.P. for a 20-year term, plus two five-year extension options, at an initial
            annual base rent of $2,449,642 with annual increases, for the San Francisco Municipal
            Transportation Agency's towed car operations and other transit related uses.
            (Fiscal Impact)
            Privilege of the floor was granted to Kerstin Magary (MTA) who responded to questions raised
            throughout the discussion.
            Resolution No. 365-12
            ADOPTED 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 719                                Printed at 3:05 pm on 12/7/12
