Board of Supervisors Minutes: April 16, 2013

130282 [Appointment, Graffiti Advisory Board - Jonathan Goldberg] Motion appointing Jonathan Goldberg, term ending April 10, 2015, to the Graffiti Advisory Board. (Clerk of the Board) Motion No. M13-055 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130301 [Approval to Grant Subsurface Easement for Tiebacks in the City and County of San Francisco required for the Chinese Hospital Replacement Project – Assessor’s Parcel Number Block 192, Lot 035] Sponsor: Chiu Resolution approving the grant of a Tieback Subsurface Easement on Assessor’s Parcel Block No. 192, Lot No. 035, to the Chinese Hospital Association required for the Chinese Hospital Replacement Project; adopting findings that the grant of subsurface easement is consistent with the General Plan and the priority policies of Planning Code, Section 101.1, and environmental findings; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. Supervisor Chiu, seconded by Supervisor Mar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Resolution No. 118-13 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130033 [Liquor License - 555 Howard Street, #102] Resolution determining that the issuance of Type 42 on-sale beer and wine license to Steven Chen for SharChen Golf, Inc., dba Eagle Club Indoor Golf, located at 555 Howard Street (District 6), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 111-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

121038 [Avigation Easements - San Mateo County - San Francisco International Airport’s Noise Insulation Program] Resolution approving the acquisition of thirty Avigation Easements from various property owners in San Mateo County required for the San Francisco International Airport’s Noise Insulation Program; adopting findings that the project is categorically exempt from environmental review under the California Environmental Quality Act Class 1: Existing Facilities; adopting findings that the acquisition is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property and Mayor to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Real Estate Department) (Fiscal Impact) Resolution No. 109-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130285 [Public Works Code - Waiver of Temporary Street Space Occupancy Fee for Small Business Week Sidewalk Sales] Sponsors: Farrell; Chiu, Cohen, Wiener, Yee, Kim, Mar, Breed, Tang and Campos Ordinance waiving the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy within certain designated streets in the City and County of San Francisco on Saturday, May 11, 2013, and Saturday May 18, 2013, as part of Small Business Week Sidewalk Sales. Supervisors Tang and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130287 [Issuance of Tax-Exempt Obligations - Progress Foundation - Not to Exceed $9,000,000] Sponsor: Farrell Resolution approving the issuance of tax-exempt obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $9,000,000 to finance and refinance various capital facilities owned by Progress Foundation. Resolution No. 117-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130275 [Appropriation - Surplus Revenues, Expenditures, and General Fund Reserve of $4,384,994 Supporting Shortfalls - FY2012-2013] Sponsor: Mayor Ordinance appropriating $3,568,579 in the Sheriff’s Department, including $3,277,905 from General Reserve and $290,674 from State Disability Claim Reimbursement in the amount of $1,189,268 for Worker’s Compensation Expense, $3,195,726 for overtime expenditures, and $538,690 for reduction of revenues; including revenue de-appropriation of $538,690 for reduction of State revenues and expenditure de-appropriation of $1,355,105 for permanent salaries and materials and supplies in order to support the Sheriff’s Department projected expenditures; as required per Ordinance No. 194-11, this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval for $3,195,726 of this request. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130228 [Ten-Year Capital Expenditure Plan - FY2013-2014 through FY2022-2023] Sponsors: Mayor; Chiu and Campos Resolution adopting the City's Ten-Year Capital Expenditure Plan for FY2013-2014 through FY2022-2023 pursuant to Administrative Code, Section 3.20. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 115-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130230 [5-Year Information and Communication Technology Plan - FY2013-2014 through FY2017-2018] Sponsors: Mayor; Chiu and Campos Resolution adopting the City’s 5-Year Information and Communication Technology Plan for FY2013-2014 through FY2017-2018 pursuant to Administrative Code, Section 22A.6. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 116-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

121065 [Planning Code, Zoning Map - Polk Street Alcohol and Tobacco Paraphernalia Restrictions; Establishing Lower Polk Street Alcohol Restricted Use District] Sponsor: Chiu Ordinance amending the Planning Code, Section 723, to extend the restriction on Tobacco Paraphernalia Establishments in the Polk Street Neighborhood Commercial District (NCD) for an additional three years and apply it to an area within one-quarter mile of the boundaries of the NCD; adding Section 788, to establish the Lower Polk Street Alcohol Restricted Use District for the properties located on Polk Street between California Street to the north, O’Farrell Street to the south, and Polk Street’s side streets between California Street, Larkin Street, O’Farrell Street, and Van Ness Avenue; amending Zoning Map, Sheet ZN-02, to designate the Lower Polk Street Alcohol Restricted Use District; and making environmental findings, Planning Code, Section 302, findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

120458 [General Plan - Van Ness Area Plan Amendments - California Pacific Medical Center: Cathedral Hill Campus] Ordinance amending the General Plan, Van Ness Area Plan, in order to facilitate the development of a high density medical center at the transit nexus of Van Ness Avenue and Geary Boulevard and reflect various elements of this use; and adopting findings, including environmental findings, Planning Code, Section 340, findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. (Planning Department) NOT PASSED ON FIRST READING by the following vote:

Ayes: None

Noes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

120459 [General Plan Map - California Pacific Medical Center: St. Luke’s Campus] Ordinance amending the General Plan by amending Map 4 of the Urban Design Element to increase the height limit for the California Pacific Medical Center’s St. Luke’s Campus (Assessor's Parcel Block No. 6575/Lot Nos. 001, 002; Assessor's Parcel Block No. 6576/Lot No. 021, and the portion of San Jose Avenue between Cesar Chavez Street and 27th Street) to 105 feet; amending Map 5 of the Urban Design Element to reflect the proposed maximum plan dimensions and maximum diagonal plan dimensions of 227' and 270', respectively, for the St. Luke’s Replacement Hospital site and 204' and 228', respectively, for the medical office building site at the St. Luke’s Campus; and adopting findings, including environmental findings, Section 340, findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. (Planning Department) NOT PASSED ON FIRST READING by the following vote:

Ayes: None

Noes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

120460 [General Plan Map - California Pacific Medical Center: Cathedral Hill Campus] Ordinance amending the General Plan by amending Map 4 of the Urban Design Element to allow for development up to a height of 265 feet on the block bounded by Van Ness Avenue, Geary Boulevard, Franklin and Post Streets; amending Map 5 of the Urban Design Element to reflect the proposed maximum plan dimensions and maximum diagonal plan dimensions of 385' and 466', respectively, for the Cathedral Hill Hospital site, and 265' and 290', respectively, for the Cathedral Hill Medical Office Building site; amending Map 1 of the Van Ness Area Plan, to designate the sites of the proposed Cathedral Hill Hospital and Medical Office Building as the Van Ness Medical Use Subdistrict; amending Map 2 of the Van Ness Area Plan to create a 265-V height/bulk district coterminous with the Hospital site; and adopting findings, including environmental findings, Planning Code, Section 340, findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. (Planning Department) NOT PASSED ON FIRST READING by the following vote:

Ayes: None

Noes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

120961 [Liquor License - 543-2nd Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Dion Cheng and Rachel Cheng for Zaza Spa, located at 543-2nd Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 108-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

121082 [Liquor License - 57 New Montgomery Street] Resolution determining that the issuance of a Type 21 off-sale general license to Mokles S. Hanna for F.M. Smokes and Wines, Inc., located at 57 New Montgomery Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 110-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130067 [Liquor License Transfer - 500 Laguna Street] Resolution determining that the transfer of a Type 21 off-sale general license from 201 Leland Avenue to 500 Laguna Street (District 5), to Krista Avery and Manuel Bargiela for O Camino, dba Nosa Ria, will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 112-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130069 [Liquor License - 820-26th Street] Resolution determining that the issuance of Type 42 on-sale beer and wine license to Cesar Ascarrunz for Cesar's Ballroom, located at 820-26th Street (District 10), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 113-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Supervisor Mar Excused from Voting Supervisor Farrell, seconded by Supervisor Cohen, moved that Supervisor Mar be excused from voting on File No. 130280. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Noes: None

Excused: Mar

130280 [Appointment, Association of Bay Area Governments Executive Board - Supervisor Eric Mar] Motion appointing Supervisor Eric Mar, term ending June 30, 2013, to the Association of Bay Area Governments Executive Board. (Clerk of the Board) Motion No. M13-056 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Noes: None

Excused: Mar

130320 [The Year of the Child - 2013] Sponsors: Mar; Cohen, Yee, Chiu and Campos Resolution declaring 2013 as “The Year of the Child” in the City and County of San Francisco. Supervisor Campos requested to be added as a co-sponsor. Supervisor Mar, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Resolution No. 119-13 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130339 [Tia Margarita Restaurant Day - April 20, 2013] Sponsor: Mar Resolution declaring April 20, 2013, as Tia Margarita Restaurant Day and recognizing its 50th anniversary in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to File No. 130339. There were no speakers. The President declared public comment closed. Resolution No. 120-13 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None