Board of Supervisors Minutes: April 13, 2010

100394 [Appointment, Local Homeless Coordinating Board - Erick Brown] Motion appointing Erick Brown, term ending October 21, 2010, to the Local Homeless Coordinating Board. (Clerk of the Board) Erick Brown, seat 4, succeeding Ginger Martin, resigned, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for the unexpired portion of a five-year term ending October 21, 2010. 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

100337 [Appropriating $1,647,249,198 of Proceeds from Debt for the Water System Improvement Program at the Public Utilities Commission for FY2010-2011 through FY2015-2016] Sponsor: Mayor Ordinance appropriating $1,647,249,198 of proceeds from debt for the San Francisco Public Utilities Commission (SFPUC) Water System Improvement Program (WSIP) for FY2010-2011 through FY2015-2016, and placing the entire appropriation of $1,647,249,198 by project on Controller’s reserve subject to SFPUC's and Board of Supervisors' discretionary approval following completion of project-related analysis pursuant to the California Environmental Quality Act (CEQA), where required, and receipt of proceeds of indebtedness, placing on Budget and Finance Committee reserve the funds for construction costs of any project with costs in excess of $100,000,000 and $116,863,924 related to funding for project construction starting after June 30, 2012, and adopting environmental findings. (Fiscal Impact.) PASSED, ON FIRST READING by the following vote:

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

Noes: None

100341 [Water Revenue Bond Issuance - Not to Exceed $1,737,724,038] Sponsor: Mayor Ordinance approving the issuance and sale of water revenue bonds by the San Francisco Public Utilities Commission to finance various projects under the Water System Improvement Program and the Capital Improvement Program, including but not limited to the Commission's Advanced Meter Infrastructure System, pursuant to amendments to the Charter of the City and County of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection therewith. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100400 [Waiver of Temporary Street Space Occupancy Fee on May 15, 2010, for Small Business Week Sidewalk Sale] Sponsors: Mirkarimi; Chiu, Chu and Campos Ordinance waiving the fee in Public Works Code Section 724.1(b) for temporary street space occupancy in certain sections of the City on Saturday, May 15, 2010, as part of Small Business Week. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100331 [Approving Central Subway Final Design Contract Package - Not to Exceed $32,294,319] Sponsor: Chu Resolution approving Municipal Transportation Agency Contract No. CS-155-3, Professional Architectural and Engineering Services for the Final Design and Construction Support of the Central Subway Project - Design Package No. 3 Systems Design for the Central Subway Project with HNTB - B&C JV, a joint venture of HNTB Corporation and B&C Transit, Inc. for an amount not to exceed $32,294,319 for a term not to exceed ten years with an option to extend the term an additional two years. (Fiscal Impact.) ADOPTED by the following vote:

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

Noes: None

100373 [Authorizing Expenditures from South of Market Community Stabilization Fund - $1,844,273] Sponsor: Daly Resolution approving the 2010 South of Market Community Stabilization Fund Program and authorizing the Mayor’s Office of Housing to expend South of Market Community Stabilization Fund dollars in the amount of $1,844,273. (Fiscal Impact.) ADOPTED by the following vote:

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

Noes: Elsbernd

100248 [Creation of General Reserve and Budget Stabilization Reserve] Sponsors: Chiu; Mayor, Chu and Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Section 10.60, to adopt a binding financial policy under Charter Section 9.120 creating a General Reserve and a Budget Stabilization Reserve and providing rules for deposits to and withdrawals from such funds. (Controller) Supervisors Chu and Mirkarimi requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

091271 [Zoning – Street Frontages for Most Use Districts] Sponsors: Mirkarimi; Mar Ordinance amending the San Francisco Planning Code by amending Sections 145.1, 201, 243, 261.1, and 270.2 to create a comprehensive and consistent set of street frontage controls for most use districts that allow a mix of uses; adopting findings, including environmental findings, 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: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100008 [Permit and License Fee Elimination] Sponsors: Chiu; Mar Ordinance amending San Francisco Business and Tax Regulations Code Sections 248 and 249.1, amending San Francisco Police Code Sections 2.26 and 2.27, and repealing San Francisco Police Code Section 2.28, all to eliminate certain permit and license fees and revenue fees, while retaining any underlying permitting, licensing, and other substantive regulatory requirements. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100268 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance and Amend Annual Salary Ordinance FY2009-2010 - $729,932] Sponsor: Mayor Ordinance authorizing the Department of Children, Youth & Their Families to retroactively accept and expend grant funding in the amount of $729,932 from the Federal Department of Justice, Office of Justice Programs for implementation of criminal justice programs; and amending the Annual Salary Ordinance No. 183-09 for FY2009-2010 to reflect the addition of one Class 1822 grant-funded position (0.50 FTE) at the Department of Children, Youth & Their Families and one Class 2910 grant-funded position (0.50 FTE) at the Public Defender’s Office. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100204 [Americans with Disabilities Act - Reasonable Modification Policy] Sponsors: Alioto-Pier; Mar, Campos, Chiu and Mirkarimi Ordinance adding Administrative Code Section 2A.22.3 to adopt a Citywide Americans with Disabilities Act Reasonable Modification Policy that requires City departments to: (1) provide notice to the public of the right to request reasonable modification; (2) respond promptly to such requests; (3) provide appropriate auxiliary aids and services to people with disabilities to ensure effective communication; and (4) train staff to respond to requests from the public for reasonable modification, and that requires the Mayor's Office on Disability to provide technical assistance to City departments responding to requests from the public for reasonable modifications. Supervisors Chiu and Mirkarimi requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100252 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 100 - 32nd Avenue] Hearing of persons interested in or objecting to the decision of the Planning Department dated May 19, 2009, Case No. 2007.0129E, that a project located at 100 - 32nd Avenue is exempt from environmental review under Categorical Exemption, Class 1 (State CEQA Guidelines Section 15301(e)(1)). The proposal would add a three-story side horizontal addition and would enlarge the existing partial fourth floor at the existing four-story, single-family residence located in an RH-1(D) (Residential, House, Single-Family, Detached) District and a 40-X Height and Bulk District, in Assessor’s Block No. 1312, Lot No. 008. (District 2) (Appellant: Stephen M. Williams on behalf of Sanford Garfinkel, other neighbors, and the Lincoln Park Neighborhood Association) (Clerk of the Board) (Filed March 1, 2010; Companion Measure to File Nos. 100253, 100254, 100255.) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED to May 11, 2010. The motion carried by the following vote:

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

Noes: None

Supervisor Campos, seconded by Supervisor Elsbernd, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

100253 [Affirming the Exemption Determination for 100 – 32nd Avenue] Motion affirming the determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED to May 11, 2010. The motion carried by the following vote:

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

Noes: None

100254 [Reversing the Exemption Determination Issued for 100 – 32nd Avenue] Motion reversing the determination by the Planning Department that the 100 - 32nd Avenue project is exempt from environmental review. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED to May 11, 2010. The motion carried by the following vote:

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

Noes: None

100255 [Preparation of Findings Related to the Exemption Determination for the 100 – 32nd Avenue Project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the exemption determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED to May 11, 2010. The motion carried by the following vote:

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

Noes: None

100289 [Affirming the Statutory Exemption Determination for the San Francisco Municipal Transportation Agency Fiscal Emergency] Motion affirming the determination by the Planning Department that the San Francisco Municipal Transportation Agency decision to implement service reductions is statutorily exempt from environmental review. Supervisor Campos, seconded by Supervisor Daly, moved that this Motion be TABLED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar

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

Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Avalos, Campos, Daly, Mar, Mirkarimi

100290 [Reversing the Statutory Exemption Determination for the San Francisco Municipal Transportation Agency Service Reductions] Motion reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency decision to implement service reductions is statutorily exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar

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

Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Avalos, Campos, Daly, Mar, Mirkarimi

100291 [Preparation of Findings Related to the Exemption Determination for the San Francisco Municipal Transportation Agency Service Reductions] Motion directing the Clerk of the Board to prepare findings related to the appeal of the exemption determination by the Planning Department that the San Francisco Municipal Transportation Agency decision to implement service reductions is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar

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

Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Avalos, Campos, Daly, Mar, Mirkarimi

100464 [Supporting Assembly Bill 2511 Regarding Limiting Annual Percentage Rate of Payday Loans] Sponsors: Chiu; Campos Resolution supporting Assembly Bill 2511 regarding limiting the annual percentage rate of payday loans to customers receiving unemployment benefits. 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

100459 [Supporting Senate Bill 1140 Regarding Allowing Voters to Register and Vote Up to and Including Election Day] Sponsors: Campos; Mar Resolution supporting Senate Bill 1140 to delete the arbitrary timelines which prevent eligible citizens from voting in elections by allowing voters to register and vote up to and including election day. Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to April 20, 2010. The motion carried by the following vote:

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

Noes: None

100460 [Urging the California Department of Corrections and Rehabilitations to Implement Guidelines to Ensure Voting Access for Eligible Offenders] Sponsor: Mirkarimi Resolution urging the California Department of Corrections and Rehabilitation’s Corrections Standard Authority to adopt specific guidelines for County Sheriff's and Department of Corrections, in order to facilitate voting among eligible incarcerated individuals. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Resolution be AMENDED on Page 2, Line 4, by adding 'county' before 'departments.' The motion carried by the following vote:

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

Noes: None

ADOPTED AS AMENDED by the following vote:

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

Noes: None

100461 [Commending the Golden Gate Yacht Club and BMW ORACLE Racing Team on Winning the 33rd America’s Cup and Urging the City to Host the 34th America’s Cup] Sponsors: Mirkarimi; Dufty, Maxwell, Chiu, Mar, Chu, Elsbernd and Alioto-Pier Resolution commending San Francisco’s Golden Gate Yacht Club and BMW ORACLE Racing team, directing the Clerk of the Board to send a congratulatory letter regarding their significant achievement of winning the 33rd America’s Cup, and urging the City to work diligently on a plan for a San Francisco waterfront venue to host the 34th America’s Cup. Supervisors Mar, Chu, Elsbernd, and Alioto-Pier 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

100468 [Proclaiming April 10 through April 18, 2010, Week of the Young Child] Sponsor: Mar Resolution proclaiming April 10 through April 18, 2010, Week of the Young Child in recognition of San Francisco's child care providers. ADOPTED by the following vote:

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

Noes: None