Board of Supervisors Minutes: October 5, 2010

100918 [Mission Bay North - Blocks N3-N3A Public Infrastructure Improvements] Sponsor: Daly Ordinance accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay North - Blocks N3-N3A, including acquisition facilities on portions of King Street, Berry Street, Fourth Street, and Fifth Street; declaring such areas as shown on official Department of Public Works maps as open public right-of-way; designating such areas and improvements for street and roadway purposes; establishing street grades and sidewalk widths; accepting said facilities for City maintenance and liability purposes, subject to specified limitations; accepting a pedestrian access and utility easement relating to the project; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, eight priority policy findings of City’s Planning Code Section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 178,752; and authorizing official acts in connection with this Ordinance. (Public Works Department) FINALLY PASSED 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

100865 [Establishing an Alcohol Cost Recovery Fee] Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos Ordinance amending the San Francisco Administrative Code, Chapter 106, by adding Sections 106 through 106.28, to impose a fee on alcoholic beverage wholesalers and certain other persons who distribute or sell alcoholic beverages in San Francisco to: 1) recover a portion of San Francisco's alcohol-attributable unreimbursed health costs, and; 2) fund administration costs. APPROVED OVER THE MAYOR'S VETO. The motion FAILED by the following vote:

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

Noes: Chu, Dufty, Elsbernd

Excused: Alioto-Pier

101103 [Appropriating $2,188,777 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010] Sponsor: Mayor Ordinance appropriating $2,188,777 of General Fund Reserve to fund indigent defense expenses associated with increased felony caseloads in the Superior Court for FY2009-2010, requiring a two-thirds affirmative vote of all members of the Board of Supervisors per San Francisco Charter Section 9.113. (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

100983 [Approve Modification of Lease - Airport Commission - Japan Airlines] Resolution approving and authorizing the execution of Modification No. 1 to Lease No. L01-0297 with Japan Airlines Company Limited to reduce the demised premises and the annual rent at Building 944 on Plot 50B-1 at San Francisco International Airport. (Airport Commission) ADOPTED by the following vote:

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

Noes: None

101202 [Annual Report - 2500 Block of Mission Street Business Improvement District] Sponsor: Campos Resolution receiving and approving the 2500 Block of Mission Street Business Improvement District Annual Reports for FYs2007, 2008, and 2009, as submitted, pursuant to Section 36650 of the Business Property and Business Improvement Act of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's Management Contract with the City. ADOPTED by the following vote:

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

Noes: None

100528 [Exempting Certain Nonprofits from Guide Permit Requirement] Sponsor: Alioto-Pier Ordinance amending the San Francisco Police Code by amending Section 1295 to exempt nonprofit organizations conducting educational tours from the requirement to obtain a guide permit. PASSED, ON FIRST READING by the following vote:

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

Noes: None

101178 [Honoring Local Restaurants During Restaurant Appreciation Month] Sponsors: Alioto-Pier; Mar Ordinance amending the San Francisco Health Code by adding Section 456.7 requiring the San Francisco Health Department to declare one month out of the year “Restaurant Appreciation Month” to honor certain local restaurants and to create an application and selection process to identify qualifying restaurants. Supervisor Mar requested to be added as a co-sponsor. Supervisor Campos, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED on Page 2, Line 16, by adding '3. This criteria, application, and selection process, should include a review and analysis of the restaurant's labor practices towards its employees including but not limited to employees' regular and overtime wage rates, the restaurants' break policies, tip policies, health and safety training protocols, worker's compensation insurance coverage plans, sick leave policies, health insurance or coverage options offered to employees, family leave policies, and non-discrimination policies or protocols.' 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

100645 [Naming the 17th Street Pedestrian Plaza in the Castro as Jane Warner Plaza] Sponsor: Dufty Resolution naming the 17th Street pedestrian plaza located at the intersection of 17th Street, Castro Street, and Market Street as Jane Warner Plaza. ADOPTED by the following vote:

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

Noes: None

100873 [Animal Care and Control Welfare Fund - Not to Exceed $50,000] Sponsors: Chu; Mar Ordinance amending the San Francisco Administrative Code, Chapter 10, by amending Section 10.100-23, to change the gift fund category for the Animal Care and Control Welfare Fund, and to authorize the Department of Animal Care and Control to accept gifts of cash, equipment, property, and services not to exceed $50,000. Supervisor Mar 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

100877 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled “Sharing the Roadway: From Confrontation to Conversation”] Sponsor: Mar Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2009-2010 Civil Grand Jury Report entitled “Sharing the Roadway: From Confrontation to Conversation” and urging the Mayor to cause the implementation of accepted findings and recommendations through department heads and through the development of the annual budget. Supervisor Mar requested to be added as sponsor. ADOPTED by the following vote:

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

Noes: None

City and County of San Francisco Page 874 Printed at 2:38 pm on 11/14/10 Board of Supervisors Meeting Minutes 10/5/2010 Recommendation of the Land Use and Economic Development Committee Supervisor Daly Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that Supervisor Daly be excused from voting on File No. 100188. The motion carried by the following vote:

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

Noes: None

Excused: Daly

100188 [Zoning - 1800 Market Street Community Center Project Special Use District] Sponsors: Dufty; Mirkarimi Ordinance amending the San Francisco Planning Code by adding Section 787 to establish the 1800 Market Street Community Center Project Special Use District for property located at 1800 Market Street (Lot No. 014, Assessor's Block No. 871), located at the northwest corner of Market Street and Octavia Boulevard; amending Sheet No. SU07 of the Zoning Map of the City and County of San Francisco to reflect this new Special Use District; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Mirkarimi requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Daly

101032 [Affirming the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

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

Supervisor Elsbernd, 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, Mirkarimi

Noes: Avalos, Campos, Daly, Mar

101033 [Reversing the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

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

Supervisor Elsbernd, 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, Mirkarimi

Noes: Avalos, Campos, Daly, Mar

101034 [Preparation of Findings to Reverse Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion directing the Clerk of the Board to prepare findings reversing the certification of the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

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

Supervisor Elsbernd, 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, Mirkarimi

Noes: Avalos, Campos, Daly, Mar

as the Mission Miracle Mile Business Improvement District] Sponsor: Campos Resolution establishing a property-based Business Improvement District to now be known as the "Mission Miracle Mile Business Improvement District," by: (1) renewing the previously established 2500 Block of Mission Street Business Improvement District for a period of five years and six months; (2) approving the management district plan and engineer's report and boundaries map; (3) ordering the levy and collection of assessments against the property located in the Mission Miracle Mile Business Improvement District for five years, for FYs2010-2011 through 2014-2015 (each FY begins on July 1 and ends the following June 30), subject to conditions as specified; (4) approving services, improvements, and activities to be provided through December 31, 2015; and (5) making environmental findings. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the Mission Mirale Mile BID was 82.56%, and the returned weighted ballots voting against the Mission Miracle Mile BID was 17.44%, further indicating there was no majority protest. ADOPTED by the following vote:

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

Noes: None

Absent: Dufty

101136 [Approving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue] Motion approving decision of the Planning Commission by its Motion No. 18160, approving Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

101137 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18160, approving Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

101138 [Preparation of Findings Related to the Conditional Use Appeal for 1268 Grant Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

101186 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion approving the decision of the Department of Public Works, finding the Tentative Parcel Map consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1, and approving the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Excused: Elsbernd

101187 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion disapproving the decision of the Department of Public Works, finding the Tentative Parcel Map consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1, and disapproving the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Elsbernd

101188 [Findings Related to the Tentative Parcel Map Disapproval for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Elsbernd

100906 [Appointment, Police Commission - R. James Slaughter] Sponsor: Mayor Motion confirming the Mayor's nomination of, and appointing, R. James Slaughter to the San Francisco Police Commission for the unexpired portion of a four-year term ending April 30, 2012. (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 - August 12, 2010.) APPROVED by the following vote:

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

Noes: Daly

100776 [Reappointment, Planning Commission - Gwyneth Borden] Motion approving the Mayor’s reappointment of Gwyneth Borden to the Planning Commission term ending July 1, 2014. (Clerk of the Board) (Section 4.105 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; companion measure to File 100777. Transmittal date - September 2, 2010.) APPROVED by the following vote:

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

Noes: None

101212 [Outside Counsel for Mayoral Succession Issues] Sponsor: Chiu Resolution approving the retention of the Office of Santa Clara County Counsel to advise the City, in place of the City Attorney's Office, on legal issues relating to Mayoral succession. (Supervisor Alioto-Pier dissented in Committee.) ADOPTED by the following vote:

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

Noes: Alioto-Pier

101254 [Affirmation of Support of San Francisco's Bid for the 34th America's Cup and Endorsement of Host City] Sponsors: Mayor; Chiu, Mirkarimi, Dufty, Alioto-Pier, Maxwell and Chu Resolution supporting the efforts of the City and the San Francisco America's Cup Organizing Committee to bring the 34th America's Cup to the San Francisco Bay and encouraging BMW Oracle Racing and the Golden Gate Yacht Club to select San Francisco as the official Host City for the 34th America's Cup in 2013 and endorsing the Term Sheet for hosting the 34th America's Cup in San Francisco. Privilege of the floor was granted to Jennifer Matz, Director of the Mayor's Office of Economic and Workforce Development, Rich Hillis and Kyri McClellan (OEWD), Monique Moyer, Director of the Port of San Francisco, and Elaine Forbes (Port) who responded to questions raised throughout the discussion regarding File No. 101254. ADOPTED by the following vote:

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

Noes: Avalos, Daly

101253 [Grant Application - Department of Public Health - Ryan White HIV Emergency Relief Program - $36,118,233] Sponsors: Mayor; Dufty and Campos Resolution authorizing the San Francisco Department of Public Health to submit an application to continue to receive funding for the “HIV/AIDS Emergency Relief Grant Programs (Ryan White Programs, Part A)” Grant from the Health Resources Services Administration, requesting $36,118,233 in HIV Emergency Relief Program funding for the San Francisco Eligible Metropolitan Area from March 1, 2011, through February 28, 2012. Supervisor Campos requested to be added as a co-sponsor. ADOPTED by the following vote:

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

Noes: None

Absent: Elsbernd

101257 [Condemning the September 24, 2010, FBI Raids] Sponsors: Mar; Daly, Campos and Avalos Resolution condemning the September 24, 2010, FBI raids on Trade Union, Anti-War, and Solidarity Activists. Supervisor Campos requested to be added as a co-sponsor. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED to October 19, 2010. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd