Board of Supervisors Minutes: March 27, 2012

120049 [Appropriating $1,000,000 for the Small Business Revolving Loan Fund Program - Office of Economic and Workforce Development] Sponsors: Mayor; Chiu, Wiener, Olague, Farrell, Kim and Cohen Ordinance appropriating $1,000,000 of General Fund prior year fund balance for the Small Business Revolving Loan Fund Program in the Office of Economic and Workforce Development for FY2011-2012 and placing $500,000 on Budget and Finance Committee Reserve pending an update on the program. (Fiscal Impact) FINALLY PASSED by the following vote:

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

120046 [Administrative Code - Establish Policy Regarding Participation in Federal Counterterrorism Activities] Sponsors: Kim; Avalos, Campos, Chiu, Olague and Mar Ordinance amending the San Francisco Administrative Code by adding Section 2A.84 to: 1) set City policy regarding participation in Federal counterterrorism activities; and 2) set parameters for Police Department participation in the activities of the Federal Bureau of Investigation's Joint Terrorism Task Force and other counterterrorism activities. Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to April 3, 2012. The motion carried by the following vote:

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

on 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 Chiu indicated amendments to the accompanying contract provided by Mike Martin (OEWD) included in File No. 120127. Supervisor Chiu, seconded by Supervisor Kim, moved that this Resolution 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

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 Lease 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. Supervisor Chiu requested to be added as a co-sponsor. ADOPTED AS AMENDED, after accepting the amendment of the accompanying contract, 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 Chiu requested to be added as a co-sponsor. ADOPTED by the following vote:

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

et] Hearing of persons interested in or objecting to the decision of the Planning Commission's January 19, 2012, approval of a Conditional Use Authorization identified as Planning Case No. 2011.0471C, by its Motion No. 18520, pursuant to Planning Code Sections 185(e) and 303, to continue the existing non-conforming assembly and entertainment uses of the “Nob Hill Masonic Center”, and to continue the existing food and beverage service uses within the center, on a property within the RM-4 (Residential Mixed, Medium Density) District, the 65-A Height and Bulk District, and the Nob Hill Special Use District, located at 1111 California Street, Assessor’s Block No. 0253, Lot No. 020. (District 3) (Appellants: Stephen Gomez on behalf of the Nob Hill Coalition, James Wall on behalf of the Nob Hill Association, William Terrell, Elizabeth Pomada, Donna Muse, and Aldo Caccamo) (Filed February 21, 2012). The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance. There were no speakers. Supervisor Farrell, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to April 3, 2012. The motion carried by the following vote:

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

Absent: Olague

120184 [Approving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street] Motion approving decision of the Planning Commission by its Motion No. 18520, approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street, and adopting findings pursuant to Planning Code Section 101.1. Supervisor Farrell, seconded by Supervisor Mar, moved that this Motion be CONTINUED to April 3, 2012. The motion carried by the following vote:

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

Absent: Olague

120185 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street] Motion disapproving decision of the Planning Commission by its Motion No. 18520, approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Mar, moved that this Motion be CONTINUED to April 3, 2012 The motion carried by the following vote:

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

Absent: Olague

120186 [Preparation of Findings Related to the Conditional Use Authorization - 1111 California Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2011.0471C on property located at 1111 California Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Mar, moved that this Motion be CONTINUED to April 3, 2012. The motion carried by the following vote:

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

Absent: Olague

120141 [Permit of Northeast-Facing Wall Sign - Total Outdoor Corporation - 1650 Mission Street] Resolution authorizing the execution of a permit to enter and use property for installation and maintenance of a northeast-facing wall sign at 1650 Mission Street by and between the City and County of San Francisco and Total Outdoor Corporation, a Delaware Corporation, permittee. (Real Estate Department) NOT ADOPTED by the following vote:

Ayes: Chu, Elsbernd, Kim, Mar, Olague

Noes: Avalos, Campos, Chiu, Cohen, Farrell, Wiener

Supervisor Cohen, seconded by Supervisor Mar, 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

Privilege of the floor was granted to John Updike, Acting Director of the Department of Real Estate, who responded to questions raised throughout the discussion. NOT ADOPTED by the following vote:

Ayes: Chu, Elsbernd, Kim, Olague

Noes: Avalos, Campos, Chiu, Cohen, Farrell, Mar, Wiener

120244 [Multifamily Housing Revenue Bonds - 1180 Fourth Street Family Housing] Sponsor: Kim Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $48,155,000 for the purpose of providing financing for the acquisition and construction of a 150-unit multifamily rental housing project known as 1180 Fourth Street Family Housing; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. ADOPTED by the following vote:

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

120297 [Final Map 6325: 435 China Basin Street, and 420 and 480 Mission Bay Boulevard North] Motion approving Final Map 6325, a 329 Unit Residential and Three Unit Commercial Mixed-Use Condominium Project, located at 435 China Basin Street, and 420 and 480 Mission Bay Boulevard North; being a subdivision of Assessor’s Block No. 8720, Lot No. 016, and Assessor’s Block No. 3837, Lot No. 002; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M12-040 APPROVED The foregoing items were acted upon by the following vote:

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

Absent: Olague

120291 [Recognizing International Day Against Homophobia and Transphobia] Sponsors: Campos; Olague, Kim, Chiu and Avalos Resolution recognizing International Day Against Homophobia and Transphobia and calling upon City officials to lower the American and United Nations Flags in United Nations Plaza for a 24-hour period on May 17, 2012. Supervisor Avalos requested to be added as a co-sponsor. ADOPTED by the following vote:

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

120292 [Supporting Assembly Bill 1831 - Regarding Expansion of California’s “Ban the Box” Policy] Sponsors: Olague; Campos and Avalos Resolution supporting Assembly Bill 1831, which expands California’s “Ban the Box” policy for state and public employees to city and county workers statewide. Supervisor Avalos requested to be added as a co-sponsor. Supervisor Elsbernd, seconded by Supervisor Cohen, moved that this Resolution be CONTINUED to April 3, 2012. The motion carried by the following vote:

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