# Board of Supervisors Minutes: March 27, 2012 - Meeting date: 2012-03-27 - Document type: minutes - Pages in official PDF: 11 - [Canonical HTML transcript](https://sfbos.info/documents/20/2012-03-27-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=192139&GUID=8B6861ED-9C3C-4E3E-BA13-85153DE1DCC8) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 120049: Appropriating $1,000,000 for the Small Business Revolving Loan Fund Program - Office of Economic and Workforce Development - Pages: 2-3 - Vote 1: final-passage, likely final - Action: 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 ### File 120046: Administrative Code - Establish Policy Regarding Participation in Federal Counterterrorism Activities - Pages: 3 - Vote 1: continuance - Action: 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 ### File 120170: Hearing - Amendments to the 34th America’s Cup Project and Related Transactions, and Resolution of Intent to Form the Waterfront Infrastructure Financing District - Pages: 4-5 ### File 120127: Approving the 34th America’s Cup Project and Related Transactions - Pages: 5 - Vote 1: amendment - Action: 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 - Vote 2: adoption, likely final - Action: 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 ### File 120128: Resolution of Intention to Form Waterfront Infrastructure Financing District - Pages: 5-6 - Vote 1: adoption, likely final - Action: 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 ### File 120183: Public Hearing - Conditional Use Appeal - 1111 California Street - Pages: 6 - Vote 1: continuance - Action: 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 ### File 120184: Approving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street - Pages: 6-7 - Vote 1: continuance - Action: 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 ### File 120185: Disapproving Planning Commission Decision Related to Conditional Use Authorization - 1111 California Street - Pages: 7 - Vote 1: continuance - Action: 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 ### File 120186: Preparation of Findings Related to the Conditional Use Authorization - 1111 California Street - Pages: 7 - Vote 1: continuance - Action: 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 ### File 120141: Permit of Northeast-Facing Wall Sign - Total Outdoor Corporation - 1650 Mission Street - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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 - Vote 2: rescission - Action: 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 - Vote 3: adoption, likely final - Action: 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 ### File 120244: Multifamily Housing Revenue Bonds - 1180 Fourth Street Family Housing - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 120290: Apply For Caltrans Transportation Planning Grants - Pages: 8-9 ### File 120293: Urging the Mayor and City Departments to Prioritize Youth Employment During Business Negotiations - Pages: 9 ### File 120297: Final Map 6325: 435 China Basin Street, and 420 and 480 Mission Bay Boulevard North - Pages: 9 - Vote 1: approval, likely final - Action: 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 ### File 120291: Recognizing International Day Against Homophobia and Transphobia - Pages: 9-10 - Vote 1: adoption, likely final - Action: 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 ### File 120292: Supporting Assembly Bill 1831 - Regarding Expansion of California’s “Ban the Box” Policy - Pages: 10 - Vote 1: continuance - Action: 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 ### File 120256: Public Infrastructure Improvements - Mission Bay South-Sanitary Sewer Pump Station - Pages: 10 ### File 120257: Public Infrastructure Improvements - Mission Bay South-66” Sewer Force Main Relocation - Pages: 10-11 ### File 120258: Settlement of Lawsuit - Bigeleisen v. CCSF - $30,000 - Pages: 11 ### File 120259: Settlement of Lawsuit - Donna Murray v. CCSF - $245,000 - Pages: 11 ### File 120255: Contract Amendment - War Memorial Veterans Building Seismic Upgrade and Improvements Project - Not to Exceed $11,621,721 - Pages: 11 ### File 120260: Real Property Lease - Advanced Storage Unlimited, Inc. - 600 Amador Street, Seawall Lot 344 - Pages: 11 ## Extracted text ### [Page 1](https://sfbos.info/documents/20/2012-03-27-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES - DRAFT Tuesday, March 27, 2012 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, CHRISTINA OLAGUE, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Chu, Avalos, Kim, Cohen, Wiener 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Chu, Avalos, Kim 10:00 AM City and School District Select Committee 4th Thursday Supervisors Campos, Olague, Chiu, Commissioners Fewer, Maufas, Mendoza 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Elsbernd, Chu, Olague 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Farrell, Elsbernd, Chiu 1:00 PM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Avalos, Olague, Mar 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Farrell, Campos 1:30 PM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. ### [Page 2](https://sfbos.info/documents/20/2012-03-27-minutes#page-2) Board of Supervisors Meeting Minutes - Draft 3/27/2012 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Christina Olague, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:06 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. COMMUNICATIONS Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of correspondence from the Mayor on March 21, 2012, communicating the Mayor's notice to the Board of Supervisors, under Charter Section 15.105, suspending Sheriff Ross Mirkarimi from the Office of Sheriff, filing of written charges of official misconduct, and seeking his removal from office. CONSENT AGENDA There were no items. REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 1 Printed at 3:49 pm on 3/28/12 ### [Page 3](https://sfbos.info/documents/20/2012-03-27-minutes#page-3) Board of Supervisors Meeting Minutes - Draft 3/27/2012 Recommendation of the Public Safety Committee 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener NEW BUSINESS Supervisor Avalos was noted absent at 2:37 p.m. and noted present at 2:45 p.m. Supervisor Olague was noted absent at 3:06 p.m. and noted present at 3:14 p.m. Supervisor Elsbernd was noted absent at 3:58 p.m. and noted present at 4:19 p.m. City and County of San Francisco Page 2 Printed at 3:49 pm on 3/28/12 ### [Page 4](https://sfbos.info/documents/20/2012-03-27-minutes#page-4) Board of Supervisors Meeting Minutes - Draft 3/27/2012 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 120170 [Hearing - Amendments to the 34th America’s Cup Project and Related Transactions, and Resolution of Intent to Form the Waterfront Infrastructure Financing District] Hearing of persons interested in or objecting to amendments to the proposed Resolution approving the 34th America’s Cup Project and related transactions, and the proposed Resolution of Intent to Form the Waterfront Infrastructure Financing District. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to the amendments of the proposed Resolution approving the 34th America’s Cup Project and related transactions, and the proposed Resolution of Intent to Form the Waterfront Infrastructure Financing District as referenced in File Nos. 120127 and 120128. Mike Martin (Mayor's Office of Economic and Workforce Development) and Brad Benson (Port) provided an overview of the amendments and responded to questions raised throughout the discussion. Male Speaker; Lloyd Purcell; Henry; David Fazio; Male Speaker; Eric Eversrly; Kimball Livingston; Dave Hill; Patric Kim; Veronica Sanchez; Martha Krupp; John Cisneros; John Husson; Ed Worley; Andrea Tobor; Valerie Santori; Fernanda Castello; Ace Washington; Carl Acne; Walter Paulson; Rakesh Modi; Female Speaker; Josh Swarzy; Eddy Hon; Andrew Watters; Norman Pearce; Catherine Hooper; Peter Stoneberg; Andrew Wood; Gary Hanes; Julie Smith; spoke in support to the amendments and the proposed project. Mr. Martin responded to questions raised throughout the discussion and further discussed the amendments. There were no other speakers. The President declared the public hearing closed, adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report City and County of San Francisco Page 3 Printed at 3:49 pm on 3/28/12 ### [Page 5](https://sfbos.info/documents/20/2012-03-27-minutes#page-5) Board of Supervisors Meeting Minutes - Draft 3/27/2012 From the Budget and Finance Committee Without Recommendation 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 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: 11 - 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: 11 - 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 4 Printed at 3:49 pm on 3/28/12 ### [Page 6](https://sfbos.info/documents/20/2012-03-27-minutes#page-6) Board of Supervisors Meeting Minutes - Draft 3/27/2012 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Farrell, seconded by Supervisor Elsbernd, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Farrell introduced, welcomed, and presented a Certificate of Honor to Cindy Brandon of the SF Safe in recognition of her accomplishments and continued community support. Supervisor Olague was noted absent at 4:39 p.m. and noted present at 4:47 p.m. SPECIAL ORDER 4:00 P.M. 120183 [Public Hearing - Conditional Use Appeal - 1111 California Street] 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Olague The President CONTINUED the Hearing open to April 3, 2012. 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Olague City and County of San Francisco Page 5 Printed at 3:49 pm on 3/28/12 ### [Page 7](https://sfbos.info/documents/20/2012-03-27-minutes#page-7) Board of Supervisors Meeting Minutes - Draft 3/27/2012 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Olague COMMITTEE REPORTS Recommendations of the Land Use and Economic Development Committee 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: 5 - Chu, Elsbernd, Kim, Mar, Olague Noes: 6 - 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: 11 - 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: 4 - Chu, Elsbernd, Kim, Olague Noes: 7 - Avalos, Campos, Chiu, Cohen, Farrell, Mar, Wiener City and County of San Francisco Page 6 Printed at 3:49 pm on 3/28/12 ### [Page 8](https://sfbos.info/documents/20/2012-03-27-minutes#page-8) Board of Supervisors Meeting Minutes - Draft 3/27/2012 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdallah Megahed; expressed various concerns. Ray Hartz; expressed concerns relating to the Library Commission and open government. Walter Paulson; shared in song certain concerns with the Board. Douglas Yepp; expressed various concerns. Tony Bowles; spoke in support for medical cannabis. Kevin Brown; spoke in support for medical cannabis. Mattie Scott; expressed various concerns. Mary Walker; expressed various concerns relating to the Sheriff Mirkarimi proceedings. Michelle Rodriguez; spoke in support of proposed legislation relating to Assembly Bill 1831. Karen Shane; spoke in support of proposed legislation relating to Assembly Bill 1831. Barbara Tengeri, expressed various concerns relating to the Sheriff Mirkarimi proceedings. David; spoke in support for medical cannabis. James Chaffee; expressed concerns relating to the SF Public Library. Charlie Pappas; spoke in support for medical cannabis. Paulette Brown; expressed concerns relating to human services and solving child homicides and violence in the community. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 120290 [Apply For Caltrans Transportation Planning Grants] Sponsor: Mayor Resolution authorizing the Planning Department to apply for planning grants from the California Department of Transportation (Caltrans). ADOPTED City and County of San Francisco Page 7 Printed at 3:49 pm on 3/28/12 ### [Page 9](https://sfbos.info/documents/20/2012-03-27-minutes#page-9) Board of Supervisors Meeting Minutes - Draft 3/27/2012 120293 [Urging the Mayor and City Departments to Prioritize Youth Employment During Business Negotiations] Sponsor: Olague Resolution urging the Mayor and City Departments to include Youth Involvement Plans when negotiating with new businesses coming to San Francisco, in order to increase the number of employment opportunities for San Francisco’s young people. ADOPTED 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Absent: 1 - Olague Severed from the For Adoption Without Committee Reference Agenda Supervisor Campos requested that File No. 120291 be severed so that it may be considered separately. 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 8 Printed at 3:49 pm on 3/28/12 ### [Page 10](https://sfbos.info/documents/20/2012-03-27-minutes#page-10) Board of Supervisors Meeting Minutes - Draft 3/27/2012 Supervisor Elsbernd requested that File No. 120292 be severed so that it may be considered separately. 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener IMPERATIVE AGENDA There were no items. LEGISLATION INTRODUCED AT ROLL CALL PROPOSED ORDINANCES 120256 [Public Infrastructure Improvements - Mission Bay South-Sanitary Sewer Pump Station] Ordinance: 1) accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay Sanitary Sewer Pump Station, including acquisition facilities located on and under portions of State Trust Parcel 2; 2) accepting said facilities for City maintenance and liability purposes; 3) adopting environmental findings and findings that such actions are consistent with the City’s General Plan eight priority policy findings of Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; 4) accepting a Department of Public Works Order; and 5) authorizing official acts in connection with this Ordinance. (Public Works Department) 03/15/12; RECEIVED FROM DEPARTMENT. 03/27/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 120257 [Public Infrastructure Improvements - Mission Bay South-66” Sewer Force Main Relocation] Ordinance: 1) accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay 66” Sewer Force Main Relocation, including acquisition facilities located under portions of State Trust Parcel 8 and future Owens Street between Sixteenth Street and Mariposa Street; 2) accepting said facilities for City maintenance and liability purposes; 3) adopting environmental findings and findings that such actions are consistent with the City’s General Plan eight priority policy findings of Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; 4) accepting a Department of Public Works Order; and 5) authorizing official acts in connection with this Ordinance. (Public Works Department) 03/15/12; RECEIVED FROM DEPARTMENT. 03/27/12; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 9 Printed at 3:49 pm on 3/28/12 ### [Page 11](https://sfbos.info/documents/20/2012-03-27-minutes#page-11) Board of Supervisors Meeting Minutes - Draft 3/27/2012 120258 [Settlement of Lawsuit - Bigeleisen v. CCSF - $30,000] Ordinance authorizing settlement of the lawsuit filed by David Bigeleisen against the City and County of San Francisco for $30,000; the lawsuit was filed on February 3, 2011, in San Francisco Superior Court, Case No. CGC-11-507900; entitled David Bigeleisen, v. City and County of San Francisco, et al.; other material terms of said settlement are material terms. (City Attorney) 03/16/12; RECEIVED FROM DEPARTMENT. 03/21/12; RECEIVED AND ASSIGNED to Rules Committee. 120259 [Settlement of Lawsuit - Donna Murray v. CCSF - $245,000] Ordinance authorizing settlement of the lawsuit filed by Donna Murray against the City and County of San Francisco for $245,000; the lawsuit was filed on September 22, 2010, in San Francisco Superior Court, Case No. CGC-10-503853; entitled Donna Murray v. City and County of San Francisco, et al. (City Attorney) 03/16/12; RECEIVED FROM DEPARTMENT. 03/27/12; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 120255 [Contract Amendment - War Memorial Veterans Building Seismic Upgrade and Improvements Project - Not to Exceed $11,621,721] Resolution authorizing the Director of Public Works to execute an amendment to the Executive Structural Engineering and Consultant Services for the War Memorial Veterans Building Seismic Upgrade and Improvements Project to increase the not-to-exceed amount from $2,758,445 to $11,621,721. (Public Works Department) 03/14/12; RECEIVED FROM DEPARTMENT. 03/27/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 120260 [Real Property Lease - Advanced Storage Unlimited, Inc. - 600 Amador Street, Seawall Lot 344] Resolution approving Port Commission Lease No. L-14819 with Aardvark Storage Unlimited, Inc., for paved vacant land located at 600 Amador Street within Seawall Lot 344 in the Southern Waterfront with a sixty month term and a sixty month option. (Port) 03/19/12; RECEIVED FROM DEPARTMENT. 03/27/12; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:45 p.m. City and County of San Francisco Page 10 Printed at 3:49 pm on 3/28/12