Board of Supervisors Minutes: November 17, 2009

091235 [Appointment, Child Care Planning and Advisory Council - Simon Lee] Motion appointing Simon Lee, term ending December 31, 2011, to the Child Care Planning and Advisory Council. Simon Lee, succeeding himself, seat 4, term expired, must be a nominee of District 4 Supervisor selected from: parent advisory councils of public and private child care programs; associations of child care centers, family day care providers and Head Start; public interest organizations including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer Work and Family Coalition; and members of labor organizations and local organizations that fall within the definition of "Community representative," for the unexpired portion of a three-year term ending December 31, 2011. Motion No. M09-189 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091122 [Liquor License Transfer - 1221 Polk Street] Resolution determining that the transfer of a Type 48 on-sale general public premises liquor license from 1092 Post Street to 1221 Polk Street (District 3), to Steven Black for Lush Lounge Inc., will serve the public convenience and 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. (Supervisor Daly dissented in committee.) Resolution No. 456-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091242 [U.S. Navy - Public Participation in the Hunters Point Shipyard Restoration Project] Sponsors: Maxwell; Mar Resolution urging the United States Navy to immediately reinstate the Hunters Point Shipyard Restoration Advisory Board of the Hunters Point Shipyard. Supervisor Daly, seconded by Supervisor Avalos, AMENDED, by replacing "and/or" with "or". The motion FAILED by the following vote:

Ayes: Avalos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell

Supervisor Maxwell, seconded by Supervisor Alioto-Pier, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell

Noes: Avalos, Daly, Mar, Mirkarimi

Resolution urging the United States Navy to reinstate the Restoration Advisory Board of the Hunters Point Shipyard and/or provide other appropriate forums to ensure meaningful public participation in the cleanup process. Resolution No. 455-09 Supervisor Avalos requested to be removed as sponsor. Supervisor Maxwell requested to be added as sponsor. ADOPTED AS AMENDED by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Avalos, Daly

081509 [Summary Vacation of a Portion of Channel Street Between 7th Street and Carolina Street and Exchange of Property] Sponsor: Maxwell Ordinance ordering the summary vacation of a portion of Channel Street between 7th Street and Carolina Street, subject to specified conditions; adopting findings pursuant to the California Streets and Highways Code Sections 8330 et seq.; authorizing the exchange of such vacated City property with a new lot created in Record of Survey No. 4778, owned by Recology Properties, Inc.; adopting environmental findings and findings that the vacation and exchange are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing actions in furtherance of the ordinance. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

090678 [Bayview Hunters Point Area Plan, Technical Zoning Map Amendments] Ordinance amending Zoning Map Sheets ZN08, ZN10, and SU10 of the City and County of San Francisco Planning Code with revised use districts within the Bayview Hunters Point Plan Area; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Planning Department) Supervisor Maxwell, seconded by Supervisor Elsbernd, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

090388 [Zoning - Establishing the 1500 Page Street Residential Care Special Use District] Sponsor: Mirkarimi Ordinance amending the San Francisco Planning Code by adding Sections 249.41 and 263.22 to establish the 1500 Page Street Residential Care Special Use District (SUD), encompassing the real property located at 1500 Page Street (Assessor's Block 1223, Lot 004), to permit the expansion of a building used for residential care; and adopting General Plan, Planning Code and environmental findings. (Planning Commission) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091093 [Approving Zoning Map Amendments in Connection with the 1500 Page Street Residential Care Special Use District] Sponsor: Mirkarimi Ordinance amending Section Maps 6H and 6SU of the Zoning Maps of the City and County of San Francisco for the real property located at 1500 Page Street (Assessor's Block 1223, Lot 004) at the northwest corner of Masonic Avenue and Page Street, to reclassify the property from a 40-X Height and Bulk District to a 55-X Height and Bulk District, and to map the 1500 Page Street Residential Care Special Use District in order to permit the expansion of an existing building used for residential care and other considerations; and adopting General Plan, Planning Code and environmental findings. (Planning Department) Supervisor Mirkarimi requested to be added as sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091241 [Veterans Affairs Commission to Expand Membership and Establish Residency Requirement] Sponsor: Alioto-Pier Ordinance amending Administrative Code Section 5.102 to expand the number of members from 15 to 17 and establish a requirement that members reside in the City and County of San Francisco. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091128 [Appointment, Police Commission - James Hammer] Motion confirming the Rules Committee's nomination of, and appointing, James Hammer, term ending April 30, 2011, to the San Francisco Police Commission. James Hammer, succeeding Theresa Sparks, seat 1, resigned, must be nominated by the Rules Committee or its successor and subject to confirmation by the Board of Supervisors, for the unexpired portion of a four-year term ending April 30, 2011. Motion No. M09-190 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisors Avalos and Mar Excused from Voting Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that Supervisors Avalos and Mar be excused from voting on File No. 091262. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi

Noes: None

Excused: Avalos, Mar

091262 [Appointments, California State Association of Counties - Supervisors Mar and Avalos (Alternate)] Motion appointing Supervisors Eric Mar and John Avalos (as an alternate member), terms ending November 28, 2010, to the California State Association of Counties. Supervisor Eric Mar, seat 1, succeeding himself, term expiring on November 28, 2009, must be a member of the Board of Supervisors, for a one-year term ending November 28, 2010. Supervisor John Avalos, seat 2, succeeding himself, term expiring on November 28, 2009, must be a member of the Board of Supervisors, serving as an alternate member, for a one-year term ending November 28, 2010. Motion No. M09-191 APPROVED by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi

Noes: None

Excused: Avalos, Mar

091301 [Approval of a Three (3) Month Extension for Planning Commission Review] Sponsor: Elsbernd Resolution extending by three (3) months the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would amend Section 729 to add new Sub-section 729.52A and adding new Section 790.115 to require conditional use authorization in the West Portal Avenue Neighborhood Commercial District for certain personal service nail salons, as defined; and making findings of consistency with the General Plan, the priority policies of the Planning Code Section 101.1, and environmental findings. Resolution No. 459-09 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091292 [Commending Northern Station Police Captain Al Casciato] Sponsors: Alioto-Pier; Mirkarimi, Avalos, Elsbernd, Dufty, Chiu and Campos Resolution Commending Captain Al Casciato for his contributions to the City and County of San Francisco, and his dedicated service as Captain of the Police Department's Northern Station. Resolution No. 458-09 Supervisors Elsbernd, Dufty, Chiu, and Campos requested to be added as co-sponsors. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091304 [Endorsement of World March for Peace and Nonviolence] Sponsors: Mar; Campos, Dufty and Avalos Resolution endorsing the first World March for Peace and Nonviolence, calling for the end of war and nuclear arms, and the elimination of violence of all kinds. Resolution No. 454-09 Supervisors Campos, Dufty, and Avalos requested to be added as co-sponsors. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

091319 [Commending Linda Laws and Declaring November 20 2009, "Linda Laws Day"] Sponsors: Maxwell; Chiu and Campos Resolution commending Linda Laws on the occasion of her retirement from the Office of the Clerk of the Board of Supervisors after 20 years of service to the City and County of San Francisco and declaring November 20, 2009, “Linda Laws Day.” Resolution No. 461-09 Supervisors Chiu and Campos requested to be added as co-sponsors. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None