Board of Supervisors Minutes: February 28, 2012

120065 [Appointment, Pedestrian Safety Advisory Committee - Abigail Evans] Motion appointing Abigail Evans, term ending March 28, 2014, to the Pedestrian Safety Advisory Committee. (Clerk of the Board) Abigail Evans, seat 8, succeeding Dahianna Lopez, resigned, must be a representative from a public health organization, for the unexpired portion of a two-year term ending March 28, 2014. APPROVED The foregoing item was acted upon by the following vote:

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

Supervisor Cohen, seconded by Supervisor Kim, 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

Motion No. M12-025 APPROVED City and County of San Francisco Page 111 Printed at 4:02 pm on 4/20/12 Board of Supervisors Meeting Minutes 2/28/2012 The foregoing items were acted upon by the following vote:

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

120121 [Appointments, Small Business Commission - Monetta White and William Ortiz-Cartagena] Motion appointing Monetta White and William Ortiz-Cartagena, terms ending January 6, 2016, to the Small Business Commission. (Clerk of the Board) APPROVED The foregoing item was acted upon by the following vote:

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

Supervisor Cohen, seconded by Supervisor Kim, 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

Supervisor Cohen, seconded by Supervisor Olague, moved that this Motion be CONTINUED to March 6, 2012. The motion carried by the following vote:

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

111210 [Planning Code - Chinatown Transit Station Special Use District] Sponsor: Chiu Ordinance amending the San Francisco Planning Code Section 249.66 to: 1) create the Chinatown Transit Station Special Use District at the southwest corner of Stockton Street and Washington Street (Assessor Block No. 211, Lot No. 1); 2) permit the demolition of a mixed-use building in the Chinatown Residential Neighborhood Commercial District for the construction of the Chinatown Station of the Central Subway; and 3) adopt findings, including Planning Code Section 302 Findings, General Plan Consistency Findings, and findings under the California Environmental Quality Act. Ordinance No. 041-12 FINALLY PASSED by the following vote:

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

111211 [Zoning Map Amendment - Chinatown Transit Station Special Use District] Sponsor: Chiu Ordinance amending the San Francisco Planning Code Sectional Maps SU01 of the Zoning Map of the City and County of San Francisco to: 1) reflect the creation of the Chinatown Transit Station Special Use District, Planning Code Section 249.66, at the southwest corner of Stockton Street and Washington Street (Assessor Block No. 211, Lot No. 1); 2) permit the demolition of a mixed-use building in the Chinatown Residential Neighborhood Commercial District for the construction of the Chinatown Station of the Central Subway; and 3) adopting findings, including General Plan Consistency Findings, Planning Code Section 101.1 and 302 findings, and findings under the California Environmental Quality Act. Ordinance No. 040-12 FINALLY PASSED by the following vote:

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

tructure improvements associated with Mission Bay South Blocks 2-7 and 13 Phase I including acquisition facilities on portions of Fourth Street, Mission Rock Street, China Basin Street, Mission Bay Boulevard North, and Mission Bay Boulevard South; 2) accepting additional property on portions of Fourth Street, Mission Rock Street, and China Basin Street; 3) declaring City property and additional property as shown on official Department of Public Works maps as open public right-of-way; 4) dedicating such improvements for public use and designating such areas and improvements for street and roadway purposes; 5) establishing street grades and sidewalk widths; 6) accepting said facilities for City maintenance and liability purposes, subject to specified limitations; 6) adopting environmental findings and findings that such actions are consistent with the City’s General Plan, eight priority policy findings of City’s Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; 7) accepting a Department of Public Works Order; and 8) authorizing official acts in connection with this Ordinance. (Public Works Department) Ordinance No. 042-12 FINALLY PASSED by the following vote:

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

120039 [Real Property Lease, Sublease, and Transfer Agreement Amendment - Court Facility - 575 Polk Street] Resolution: 1) approving a lease of approximately 9,000 square feet at 575 Polk Street with the Mattison Family Trust for an initial base rent of $25,597 per month; 2) a sublease of 575 Polk Street premises with the State of California, Judicial Council of California - Administrative Office of the Courts for use by the San Francisco Superior Court; 3) an amendment to the transfer agreement for the court facility at 575 Polk Street; and 4) authorizing other actions in furtherance of this Resolution. (Real Estate Department) (Fiscal Impact) Resolution No. 067-12 ADOPTED by the following vote:

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

120040 [Real Property Lease Expansion - Community Justice Center - 555 Polk Street] Resolution: 1) approving the exercise of a lease expansion of approximately 9,000 square feet at 555 Polk Street with the Mattison Family Trust at a base rent of $16,100 per month, for use by the Department of Public Health as a Community Justice Center; and 2) authorizing other actions in furtherance of this Resolution. (Real Estate Department) Resolution No. 068-12 ADOPTED by the following vote:

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

120076 [Airport Concession Lease - Paradies-SFO, LLC] Resolution approving the Terminal 3, Boarding Area F Newsstand Lease, between Paradies-SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Resolution No. 069-12 ADOPTED by the following vote:

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

120085 [Accept and Expend Grant - Agreement - Transit Oriented Development Housing Program - $4,700,000] Sponsors: Mayor; Kim Resolution authorizing any designee of the Mayor from the Mayor’s Office of Housing to enter into a standard agreement and disbursement agreement with the California State Department of Housing and Community Development to accept and expend $4,700,000 of Transit Oriented Development Infrastructure Grant Program funds associated with the 1180-4th Street affordable housing project; the execution of an agreement with the Project Sponsor for disbursement of grant funds; and the execution of any related documents necessary to participate in the Transit Oriented Development Infrastructure Grant Program. Resolution No. 070-12 ADOPTED by the following vote:

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

120087 [Accept and Expend Grant - Kindergarten to College Program Participant Incentive Funds - $190,000] Sponsor: Campos Resolution authorizing the Office of Treasurer-Tax Collector to accept and expend a grant in the amount of $190,000 from the Earned Assets Resource Network for Kindergarten to College Program Participant Incentive Funds. Resolution No. 066-12 ADOPTED by the following vote:

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

120088 [Revocable Permit - Union Sanitary District - Bay Division Pipeline Nos. 3 and 4 Seismic Upgrade Project] Sponsor: Elsbernd Resolution authorizing issuance of a revocable permit by the San Francisco Public Utilities Commission to Union Sanitary District for the improvements to the regional water supply system, otherwise known as Project No. CUW35302 Seismic Upgrade of Bay Division Pipeline Nos. 3 and 4 for a term in excess of ten years, pursuant to Charter Section 9.118, and adopting findings pursuant to the California Environmental Quality Act. Resolution No. 065-12 ADOPTED by the following vote:

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

120089 [Accept and Expend Grant - San Francisco Minority AIDS Initiative - $1,352,141] Sponsor: Wiener Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant in the amount of $1,352,141 from the Substance Abuse and Mental Health Services Administration to participate in a program entitled “San Francisco Minority AIDS Initiative” for the period of September 30, 2011, through September 29, 2012, and waiving indirect costs. Resolution No. 071-12 ADOPTED by the following vote:

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

120090 [Accept and Expend Grant - Centers for Disease Control and Prevention Kenya-Monitoring and Evaluation - $256,846] Sponsor: Wiener Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant in the amount of $256,846 from the University of California San Francisco to participate in a program entitled “Centers for Disease Control and Prevention Kenya-Monitoring and Evaluation” for the period of September 30, 2011, through September 29, 2012. Resolution No. 064-12 ADOPTED by the following vote:

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

111029 [Environment Code - Tenant Bicycle Parking in Existing Commercial Buildings] Sponsors: Avalos; Kim, Mar, Campos, Olague and Chiu Ordinance amending the San Francisco Environment Code, Section 400, and adding Section 402, to: 1) require the owners of existing commercial buildings to either provide secure bicycle parking in their buildings or allow their tenants to bring their bicycles into the building; 2) provide that the Ordinance's operative date is January 1, 2012, or 30 days from the effective date of the Ordinance, whichever is later; and 3) make environmental findings. Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED ON FIRST READING to March 6, 2012. The motion carried by the following vote:

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

111079 [Administrative Code - Additional Pre-Approval Notice for Certain City Projects] Sponsor: Farrell Ordinance amending the San Francisco Administrative Code by adding Chapter 79A to expand upon the minimum notice requirements prior to approval of a City project that are mandated by the Citizens’ Right-to-Know Act of 1998. PASSED, ON FIRST READING by the following vote:

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

111189 [Administrative Code - Right to Counsel in Civil Matters] Sponsors: Chiu, Kim, Wiener, Olague, Farrell, Campos and Cohen Ordinance amending the San Francisco Administrative Code by adding Article 58, Sections 58.1 through 58.3 to: 1) declare San Francisco to be a Right to Civil Counsel City; and 2) declare the intent of the Board of Supervisors to create a one-year San Francisco Right to Civil Counsel pilot program. Supervisor Cohen requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Olague, Wiener

Noes: Chu, Elsbernd

111277 [Campaign and Governmental Conduct Code - Certification of Supervisorial Candidates’ Eligibility for Public Financing in 2012] Sponsor: Cohen Ordinance amending the San Francisco Campaign and Governmental Conduct Code Section 1.142 to delay the certification of 2012 supervisorial candidates seeking public financing until the Redistricting Task Force completes its revision of supervisorial district boundaries. PASSED ON FIRST READING by the following vote:

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

111163 [Establishing a Balboa Park Station Community Advisory Committee] Sponsor: Avalos Resolution establishing a Balboa Park Station Area Plan Community Advisory Committee to provide input and community oversight relating to area transportation and other public improvements. Supervisor Avalos, seconded by Supervisor Chu, moved that this Resolution be AMENDED on Page 3, Lines 7-9, by adding 'The CAC shall sunset two years after the date of the first meeting, unless the Board of Supervisors, by resolution, extends its term, based on' and deleting 'after which the CAC may be reauthorized per.' The motion carried by the following vote:

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

Absent: Kim

Resolution No. 063-12 ADOPTED AS AMENDED by the following vote:

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

Absent: Kim

120127 [Approving the 34th America’s Cup Project and Related Transactions] Sponsor: Mayor Resolution adopting California Environmental Quality Act Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (MMRP) for the 34th America’s Cup events and approving the America’s Cup project; waiving certain termination rights by the City under the 34th America’s Cup Host and Venue Agreement (Host Agreement); approving the Development and Disposition Agreement between the City, through its Port Commission, and the America’s Cup Event Authority, LLC (Event Authority), which also amends the Host Agreement; approving a Memorandum of Agreement regarding the City’s and the Event Authority’s respective obligations for certain mitigation measures in the MMRP and other project-related activities; and authorizing further actions and ratifying prior actions consistent with the terms of this Resolution. (Fiscal Impact) (Supervisor Avalos dissented in Committee) Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to March 20, 2012. The motion carried by the following vote:

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

Supervisor Chu, seconded by Supervisor Farrell, 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

Supervisor Chu, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to March 27, 2012. The motion carried by the following vote:

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

120128 [Resolution of Intention to Form Waterfront Infrastructure Financing District] Sponsors: Mayor; Chiu Resolution of Intention to establish Infrastructure Financing District No. 2 for the City and County of San Francisco at the Port of San Francisco. Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to March 20, 2012. The motion carried by the following vote:

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

Supervisor Chu, seconded by Supervisor Farrell, 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

Supervisor Chu, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to March 27, 2012. The motion carried by the following vote:

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

111082 [Campaign and Governmental Conduct and Municipal Elections Codes - Amending Public Financing Program] Sponsors: Kim; Campos, Mar and Avalos Ordinance amending the Campaign and Governmental Conduct Code and the Municipal Elections Code to modify expenditure ceilings for the City's public financing program, to delay the date on which public funds may be disbursed, to change the qualification requirements for participating candidates, and to advance the date by which all local candidates must file their nomination papers. Supervisor Chu moved to divide the question relating to 'fiscal year starting balance' located on Page 3, Lines 3-5, and Page 4, Lines 2-8. The divided question PASSED by the following vote:

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

Noes: Chu, Elsbernd, Farrell

Supervisor Wiener, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Ordinance amending the Campaign and Governmental Conduct Code and the Municipal Elections Code to modify funding of the City's public financing program, to increase expenditure ceilings for supervisorial candidates, to delay the date on which public funds may be disbursed, to change the qualification requirements for participating candidates, and to advance the date by which all local candidates must file their nomination papers. Supervisor Kim, seconded by Supervisor Wiener, moved that this Ordinance be RE-REFERRED AS AMENDED to the Rules Committee. The motion carried by the following vote:

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

120020 [Initiative Ordinance - Campaign & Governmental Conduct, Municipal Elections Codes - Improving Public Financing of Elections] Sponsors: Campos; Avalos and Kim Motion ordering submitted to the voters an ordinance authorizing the amendment of the Campaign and Governmental Conduct Code and Municipal Elections Code to adjust expenditure ceilings in the public financing program in response to the U.S. Supreme Court ruling in Arizona Free Enterprise v. Bennett, adjust public financing deadlines and thresholds, and advance candidate filing deadlines, at an election to be held on June 5, 2012. Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be RE-REFERRED to the Rules Committee. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Olague, Wiener

Noes: Chu, Elsbernd

120077 [Settlement of Claim - Carl Brogger - Not to Exceed $240,000] Resolution approving proposed settlement of claim by Carl Brogger against the City and County of San Francisco for an amount not to exceed $240,000; the claim was filed on January 20, 2012, bearing Claim No. 12-01603. (City Attorney) Resolution No. 062-12 ADOPTED by the following vote:

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

120078 [Settlement of Claim - Marco Fontana - Not to Exceed $60,000] Resolution approving proposed settlement of claim by Marco Fontana against the City and County of San Francisco for an amount not to exceed $60,000; the claim was filed on December 2, 2011, bearing Claim No. 12-01249. (City Attorney) Resolution No. 061-12 ADOPTED by the following vote:

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

120168 [Final Map 5674: 1994 Carroll Avenue and 2525 Phelps Street] Motion approving Final Map 5674, a Three Lot Subdivision, including an Eight Unit Commercial Condominium Project, located at 1994 Carroll Avenue and 2525 Phelps Street, in Assessor's Block No. 5423A, Lot Nos. 014 and 015; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M12-028 APPROVED City and County of San Francisco Page 123 Printed at 4:02 pm on 4/20/12 Board of Supervisors Meeting Minutes 2/28/2012 The foregoing items were acted upon by the following vote:

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

120169 [Committee of the Whole - Approving Amendments to the 34th America’s Cup Project and Related Transactions, and Resolution of Intent to Form the Waterfront Infrastructure Financing District - March 27, 2012] Sponsor: Chiu Motion scheduling the Board to sit as a Committee of the Whole on February 28, 2012, at 3 p.m., to hold a public hearing on amendments to a Resolution approving the 34th America’s Cup Project and related transactions, and a Resolution of Intent to Form the Waterfront Infrastructure Financing District. Supervisor Chu, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

APPROVED AS AMENDED by the following vote:

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

Supervisor Chu, 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

The President inquired as to whether any member of the public wished to address the Board relating to File No. 120126. There were no speakers. The President declared public comment closed. Supervisor Chu, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Motion scheduling the Board to sit as a Committee of the Whole on March 27, 2012, at 3 p.m., to hold a public hearing on amendments to a Resolution approving the 34th America’s Cup Project and related transactions, and a Resolution of Intent to Form the Waterfront Infrastructure Financing District. Motion No. M12-029 APPROVED AS AMENDED by the following vote:

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