Board of Supervisors Minutes: June 8, 2010

representatives of local medical, pediatric, or obstetric associations or societies, for a four-year term ending April 29, 2014. Betty Robinson-Harris (residency requirement waived), seat 8, succeeding herself, term expired, shall represent one or more of the following: children services, public health services; behavioral health services, social services and tobacco and other substance abuse prevention and treatment services; recipients of project services included in the county strategic plan; educators specializing in early childhood development; representatives of a local child care resource or referral agency, the Child Care Planning and Advisory Council or another local child care coordinating group; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations that have the goal of promoting and nurturing early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies, for a four-year term ending April 29, 2014. Motion No. M10-92 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

100663 [Adopting Findings Disapproving Conditional Use for Property Located at 725 Taraval Street] Motion adopting findings disapproving the Planning Commission’s approval of Conditional Use Authorization No. 2009.0531C which approved the installation of a wireless telecommunications facility consisting of eight new panel antennas located on the existing four-story mixed-use building’s elevator penthouse structures, with related equipment cabinets located within the structure’s subterranean garage, as part of T-Mobile’s wireless telecommunications network within an NC-2 Zoning District and a 40-X Height and Bulk District, located at 725 Taraval Street (Lot Nos. 052-058 in Assessor’s Block No. 2408). (Clerk of the Board) Motion No. M10-93 APPROVED by the following vote:

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

Noes: None

100469 [Recreation and Park Department - Botanical Garden Non-Resident Fees] Sponsor: Mayor Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46, to establish admission fees to the Botanical Garden for non-San Francisco residents, and making environmental findings. Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, on Page 5, Line 12, by replacing 'its' with 'the'; on Page 5, Line 17, by adding 'incurred by the Department and the Botanical Garden Society' after 'costs'; on Page 5, Line 17, replacing 'the non-resident fee' with 'all fees'; on Page 5, Line 18, by adding '4. Revenue from the new non-resident fee, separated into (a) point of sale gate tickets and (b) actual attendance from packaged sales with other Park sites, and revenue from all other fees;'; on Page 5, Line 18, changing '4' to '5'; on Page 5, Line 18, changing '5' to '6'; on Page 5, Line 19, by deleting 'and' between 'Gifts and donations'; on Page 5, Line 19, by adding 'and services-in-kind' after 'donations'; and on Page 5, Line 19, by adding 'and the Botanical Garden Society' after 'Department.' The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Mar, Mirkarimi

100582 [Appropriating $811,734 of Fund Balance for the Code Enforcement Rehabilitation Fund in Department of Building Inspection and Mayor’s Office of Housing in FY2009-2010] Sponsor: Mayor Ordinance appropriating $738,240 of Code Enforcement Rehabilitation Fund unappropriated fund balance and deappropriating $73,494 of prior year appropriations to support code enforcement activities in the Department of Building Inspection and the Mayor’s Office of Housing in FY2009-2010. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100640 [Waiver of Temporary Street Space Occupancy Fee for the Mission Community Market] Sponsor: Campos Ordinance waiving the permit fee in Public Works Code Section 724.1(b) for temporary street space occupancy on certain blocks of 22nd Street on Saturday, June 19, 2010, as part of a fundraiser to launch the Mission Community Market. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100644 [Contract Amendment - Serco, Inc., for Parking Meter Collection and Management Services - Not to Exceed $77,300,000] Sponsor: Chiu Resolution approving the ninth amendment to an agreement with Serco, Inc., for parking meter collection and management services, to extend the term by two years and increase the contract amount by $16,800,000 for a total contract amount not to exceed $77,300,000. (Fiscal Impact.) Privilege of the floor was granted to Lorraine Fuqua (MTA) and Harvey Rose (Budget Analyst) who responded to questions raised throughout the discussion regarding File No. 100644. Resolution No. 260-10 ADOPTED by the following vote:

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

Noes: Campos, Daly, Mar, Mirkarimi

100646 [Issuance and Sale of Tax-Exempt Bonds - Children's Day School, Inc. - Not to Exceed $10,000,000] Sponsor: Dufty Resolution approving the issuance and sale of tax-exempt bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $10,000,000 to finance various capital facilities owned or leased by Children's Day School. Resolution No. 256-10 ADOPTED by the following vote:

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

Noes: None

100104 [Retailers Duty to Disclose Specific Absorption Rate Values for Cell Phones] Sponsors: Mayor; Maxwell Ordinance amending the San Francisco Environment Code by adding Chapter 11, Sections 1100 through 1105, to require retailers to disclose specific absorption rate values for cell phones, and making environmental findings. (Supervisor Elsbernd dissented in Committee) Privilege of the floor was granted to Starr Terrell (Office of the Mayor) and Mark Westlund (Department of Environment) who responded to questions raised throughout the discussion regarding File No. 100104. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Ordinance be CONTINUED ON FIRST READING to June 15, 2010. The motion carried by the following vote:

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

Noes: Avalos, Dufty

090906 [Planning - Uses Permitted in R Districts - Double Density for Senior Housing] Sponsor: Chiu Ordinance amending the Planning Code by adding Section 102.6.1 to create a definition related to housing for seniors; amending Planning Code Section 209.1(m) related to the Uses Permitted in R Districts - Dwelling Zoning Control Table to update the requirements for obtaining double density for providing senior housing and, adding Section 209.1(o) to require, in certain circumstances, a conditional use authorization; making environmental findings, and making findings of consistency with the General Plan and 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

100364 [Major Encroachment for San Francisco State University to Place Utilities Under Font Boulevard] Sponsor: Elsbernd Resolution granting a revocable major encroachment permit to San Francisco State University to occupy a portion of the public right-of-way to install and maintain private underground utilities crossing Font Boulevard to serve properties within Assessor Block No. 7304; making findings, including environmental findings and findings of consistency with the General Plan and the Eight Priority Policies of Planning Code Section 101.1. (Public Works Department) Supervisor Elsbernd requested to be added as sponsor. Resolution No. 264-10 ADOPTED by the following vote:

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

Noes: None

100529 [Creation of Neighborhood Community Justice Task Force] Sponsors: Chiu; Maxwell, Alioto-Pier, Mar, Daly and Campos Ordinance amending the San Francisco Administrative Code by adding Sections 5.70 through 5.75, to create a Neighborhood Community Justice Task Force to make recommendations to the Board of Supervisors regarding the creation of restorative and community justice programs; provide for the Task Force's membership, organization, and duties; and set a sunset date for the Task Force. Supervisors Mar, Daly, and Campos requested to be added as co-sponsors. Supervisor Chiu, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED, on Page 5, Lines 19-21, by adding 'No later than three months after the date that all seven voting members of the Task Force have been appointed, the Task Force shall submit a progress report on its work to the Board of Supervisors' after '(d)'. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

100233 [Prohibition on Sitting or Lying on Public Sidewalks] Sponsors: Mayor; Alioto-Pier Ordinance amending San Francisco Police Code by adding Section 168 to prohibit sitting or lying down upon a public sidewalk during specified hours, and with exceptions for the disabled and others. (Supervisor Dufty dissented in Committee) PASSED ON FIRST READING. The motion FAILED by the following vote:

Ayes: Alioto-Pier, Chu, Elsbernd

Noes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

100437 [Standards of Care for City Shelters and Powers and Duties of the Shelter Monitoring Committee] Sponsors: Mar; Campos, Alioto-Pier, Avalos and Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Chapter 20, Sections 20.304, 20.401, 20.403, 20.404, and 20.405, to: 1) amend City requirements in the delivery of shelter services to, among other things, expand reservation capability at shelters; 2) provide additional training to shelter staff; and ensure case management services for shelter clients in need; and 3) require the Shelter Monitoring Committee to track refusals of shelter beds and authorize the Committee to initiate investigations into alleged violations of contractual obligations imposed by Chapter 20. Supervisors Avalos 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

g 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.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to July 13, 2010. There were no speakers. The President continued the public hearing open to July 13, 2010. Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, moved that this Hearing be CONTINUED to July 13, 2010. 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 Mirkarimi, moved that this Motion be CONTINUED to July 13, 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 project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to July 13, 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] 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 Mirkarimi, moved that this Motion be CONTINUED to July 13, 2010. The motion carried by the following vote:

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

Noes: None

100525 [Reappointment, Police Commission - Joseph E. Marshall] Motion confirming the Mayor's nomination of, and reappointing, Joseph E. Marshall to the San Francisco Police Commission for the unexpired portion of a four-year term ending April 30, 2014. (Mayor) (Section 4.109 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - April 28, 2010.) Motion No. M10-94 APPROVED by the following vote:

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

Noes: None

100681 [Appointment, Juvenile Probation Commission - Joseph Arellano] Motion rejecting the Mayor’s appointment of Joseph Arellano to the Juvenile Probation Commission, for the term ending January 15, 2014. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - May 24, 2010.) APPROVED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

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

100648 [Accept and Expend Grant - Caltrans Community Design Process for Cesar Chavez Street - $250,000] Sponsors: Mayor; Maxwell, Campos and Dufty Resolution authorizing the San Francisco Planning Department to retroactively accept and expend a grant in the amount of $250,000 from Caltrans for the period February 16, 2010, through February 28, 2012, in order to conduct a community design process for Cesar Chavez Street. Resolution No. 258-10 ADOPTED by the following vote:

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

Noes: None

100698 [Final Map 4025 - 301 King Street] Motion approving Final Map 4025, a four lot airspace subdivision with one lot being approved for a maximum of 313 residential condominium units, being a merger and re-subdivision of Lot Nos. 7 and 10 of Assessors Block No. 8705, located at 301 King Street, and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-96 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

100650 [Urging to Opt-Out of “Secure Communities”] Sponsors: Mar; Campos, Avalos, Maxwell, Daly, Mirkarimi, Chiu and Dufty Resolution urging the San Francisco Sheriff’s Department, the Juvenile Probation Department and the San Francisco Police Department to opt-out of participating in the Police Immigration and Customs Enforcement collaboration program known as "Secure Communities." Resolution No. 269-10 ADOPTED by the following vote:

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

Noes: Chu, Elsbernd

100652 [Opposing Assembly Bill 2650 - Regarding Unnecessary Regulations and Intrusion into the City and County’s Authority] Sponsor: Daly Resolution opposing Assembly Bill 2650, opposing unnecessary State intrusions on the City and County's land use and regulatory authority, and urging San Francisco's State Representatives to oppose this bill and any similar legislation to unnecessarily regulate the location of medical cannabis facilities in contravention of existing or future local ordinances. Resolution No. 270-10 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Elsbernd