Board of Supervisors Minutes: March 16, 2010

100196 [Appointments, Sweatfree Procurement Advisory Group - Jason Oringer and Sarah Church] Motion appointing Jason Oringer and Sarah Church, terms ending December 17, 2011, to the Sweatfree Procurement Advisory Group. (Clerk of the Board) APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

100039 [Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units that are Subjected to Foreclosure] Sponsors: Avalos; Campos, Mirkarimi and Mar Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance:" by amending Section 37.2 and adding new Section 37.9D to extend just cause eviction requirements and protections to tenants in units that are not now subject to eviction controls (e.g., most residential rental units with a certificate of occupancy issued after June 13, 1979), when those units are subjected to foreclosure; and to provide for particular notice of rights to tenants in possession of a rental unit at the time of foreclosure, and that failure to provide the notice can be an affirmative defense in unlawful detainer proceedings; findings in support of the legislation; severability clause; technical corrections. FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

091344 [Redevelopment Agency Bond Authorization - $28,000,000] Sponsors: Mayor; Avalos Resolution approving the issuance by the Redevelopment Agency of Bonds in an additional principal amount not to exceed $28,000,000 to finance a portion of redevelopment activities described in the approved Budget as amended for FY2009-2010 of which additional tax increment will be needed in FY2010-2011 for such financing thereof. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to March 23, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

100160 [Appropriating $400,000 of Revenues From the Little Hollywood Property Exchange to Fund Park and Open Space Planning in the City Planning Commission for FY2009-2010] Sponsor: Maxwell Ordinance appropriating $400,000 of revenues from the transfer of a 50-foot by 628-foot strip of Channel Street on the southwest side of 7th Street owned by the City and County of San Francisco, in exchange for 35,250 square feet of land at the southwest corner of Tocoloma and Lathrop Avenues owned by Norcal Waste Systems, Inc. for park and open space planning in the Showplace Square/Potrero Hill Plan Area of the Eastern Neighborhoods Program in the City Planning Commission, the Recreation and Park Department, and the Department of Public Works for FY2009-2010. FINALLY PASSED by the following vote:

Ayes: Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell

Noes: Avalos, Campos, Daly

Excused: Alioto-Pier, Mirkarimi

elegraph Hill - North Beach Residential Special Use District, and the Chinatown Mixed-Use Districts; amending Section 155 to add Columbus Avenue between Washington and North Point Streets, Broadway from the Embarcadero on the east to Polk Street on the west, and all alleyways in the Chinatown Mixed-Use Districts to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending Section 161 to require a conditional use to install a garage in an existing residential structure; amending the Public Works Code by amending Section 723.2 to prohibit the issuance of minor sidewalk encroachment permit that would facilitate the installation of parking in a residential structure; adopting findings, including 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. (Fiscal Impact.) Supervisor Mar requested to be added as a co-sponsor. Supervisor Chiu, seconded by Supervisor Dufty, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell

Noes: Daly

Excused: Alioto-Pier, Mirkarimi

d Areas, Certain Unenclosed Areas, and Sports Stadiums] Sponsors: Mar; Avalos Ordinance amending Articles 19F and 19I of the San Francisco Health Code by amending Sections 1009.20-1009.23, 1009.25, and 1009.81; adding Sections 1009.26, 1009.27, and 1009.29-1009.32; and repealing Section 1009.24, to prohibit smoking in: 1) business establishments and bars regardless of whether owner-operated; 2) common areas of multi-unit housing complexes; 3) tourist lodging facilities; 4) tobacco shops; 5) charity bingo games; 6) unenclosed dining areas of restaurants; 7) service waiting areas; 8) areas outside entrances, exits and operable windows and vents of all buildings except at the curb of the nearest street, sidewalk or alley; 9) farmers markets; and 10) vehicles owned by the City and County of San Francisco; establishing obligations for property owners and managers to prevent smoking in prohibited areas; adding administrative procedures and penalties; repealing criminal penalties; adding provisions for cost recovery and liens; and adding Administrative Code Section 10.100-193, to establish a new Public Health Environmental Health Code Compliance Fund. FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

100044 [Repealing Various Municipal Transportation Agency Special Funds; Appropriating $70,687] Sponsor: Chiu Ordinance amending Chapter 8 and Chapter 10, Article XIII, of the Administrative Code, by repealing Sections 8.29 (Municipal Railway Video Production Fund), 10.100-155 (Municipal Transportation Capital Reserve Fund), 10.100-157 (Municipal Transportation Improvement Fund), 10.100-159 (Municipal Transportation Information Fund), 10.100-162 (Municipal Transportation Operators Lounge Facilities Fund), and 10.100-164 (Municipal Transportation Para Transit Fund) and appropriating $70,687 from the Municipal Transportation Information Fund to the Municipal Transportation Agency. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

100098 [Establishment of the Rainbow Honor Walk] Sponsors: Dufty; Campos Resolution establishing the Rainbow Honor Walk on Castro Street between 19th Street and Market Street, on Market Street between Castro Street and Octavia Street, on 19th Street between Diamond Street and Castro Street, on 18th Street between Collingwood Street and Hartford Street and initiating the process set forth in Public Works Code Sections 789 et seq. to provide for the creation of a program for and installation of commemorative plaques on the Rainbow Honor Walk. Supervisor Campos requested to be added as a co-sponsor. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

100136 [Floodplain Management Program] Sponsor: Elsbernd Ordinance amending the floodplain management program established by Chapter 2A, Article XX, Sections 2A.280 - 2A.285 to the San Francisco Administrative Code; providing requirements for designating floodplains and for construction and development in floodplains. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

ion of Exemption from Environmental Review for 2462 - 27th Avenue] Hearing of persons interested in or objecting to the decision of the Planning Department dated November 16, 2009, Case No. 2009.0797E, that a project located at 2462 - 27th Avenue is exempt from environmental review under the California Environmental Quality Act (CEQA) as a Class 1(e) categorical exemption. The proposal would add a third floor and rear extension to the existing family home located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District, in Assessor's Block No. 2399, Lot No. 026. (District 4) (Appellant: Stephen M. Williams on behalf of Sunset Parkside Education and Action Committee (SPEAK)). The President inquired as to whether any member of the public wished to address the Board relating to the appeal of determination of exemption from environmental review for 2462 - 27th Avenue as referenced in File Nos. 100152, 100153, and 100154. There were no speakers. The President continued the public hearing open to April 27, 2010. Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED to April 27, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Daly

Excused: Alioto-Pier, Chu, Mirkarimi

100152 [Affirming the Determination of Exemption Issued for 2462 – 27th Avenue] Motion adopting findings related to affirming the determination by the Planning Department that the project located at 2462 - 27th Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED to April 27, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Daly

Excused: Alioto-Pier, Chu, Mirkarimi

100153 [Reversing the Determination of Exemption Issued for the 2462 – 27th Avenue Project] Motion reversing the determination by the Planning Department that the project located at 2462 - 27th Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED to April 27, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Daly

Excused: Alioto-Pier, Chu, Mirkarimi

100154 [Preparation of Findings Related to the Determination of Exemption Issued for 2462 – 27th Avenue Project] Motion directing the Clerk of the Board to prepare findings related to the appeal of determination of exemption by the Planning Department that the project located at 2462 - 27th Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED to April 27, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Daly

Excused: Alioto-Pier, Chu, Mirkarimi

100284 [Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on March 16, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. This closed session is permitted by Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). Supervisor Maxwell, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

ting Minutes - Final Tuesday, March 16, 2010 The Board recessed at the hour of 3:03 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Persons in attendance: Buck Delventhal, Deputy City Attorney Elizabeth Salveson, Deputy City Attorney Greg Wagner, Chief of the Mayor's Budget and Policy Office Micki Callahan, Director of Department of Human Resources Martin Gran, Director of Employee Relations Ben Rosenfield, Controller Angela Calvillo, Clerk of the Board Supervisor Daly was noted absent at 3:15 p.m. Matter was heard in Closed Session and Filed. Reconvening of the Board The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell The Board at the hour of 4:09 p.m. reconvened. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Dufty, seconded by Supervisor Maxwell, moved not disclose its Closed Session deliberations. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Daly

Excused: Alioto-Pier, Mirkarimi

100258 [Final Map 5649: 445 – 701 Wawona Street] Motion approving Final Map 5649, a Three Lot Subdivision Project, located at 445 - 701 Wawona Street being a subdivision of Lot 093 in Assessors Block No. 2540 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

100282 [Initiative Constitutional Amendment - Opposing Proposition 16, the "New Two-Thirds Vote Requirement for Local Public Electricity Providers"] Sponsors: Mirkarimi; Maxwell, Mar, Avalos, Campos and Dufty Resolution opposing Proposition 16, an Initiative Constitutional Amendment, the "New Two-Thirds Vote Requirement for Local Public Electricity Providers." Supervisors Maxwell, Mar, Avalos, and Campos requested to be added as co-sponsors. Supervisor Maxwell, seconded by Supervisor Daly, moved that this Resolution be CONTINUED to March 23, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi