# Board of Supervisors Minutes: December 7, 2010

- Meeting date: 2010-12-07
- Document type: minutes
- Source format: PDF
- Extracted pages: 32
- [Canonical HTML transcript](https://sfbos.info/documents/2041/2010-12-07-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m120710.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 101310: Public Works Code - Regulation of Freestanding Newsracks and Fixed Pedestal Newsracks

- Pages: 8-9
- Sponsors: Alioto-Pier
- Vote 1: first-reading
  - Action: 101310 [Public Works Code - Regulation of Freestanding Newsracks and Fixed Pedestal Newsracks] Sponsor: Alioto-Pier Ordinance amending the San Francisco Public Works Code by amending Sections 184.2, 184.6, 184.8, and 184.12 thereof, relating to newsracks, to provide for: (1) the use of electronic mail for notices of violations; (2) removal of abandoned newsracks or newsracks maintained in violation of the Public Works Code within 7 calendar days of notice of violation sent by electronic mail; (3) imposition of administrative fines for violations resulting in newsrack seizures; (4) consolidation and/or reduction in size of fixed pedestal newsracks at under-used locations; (5) allocation of space in newsrack boxes on a first-come-first-served basis under certain circumstances; and (6) reduction of the fixed pedestal permit fee from $60 to $50. PASSED ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Noes: Daly

### File 100046: Planning Code, Administrative Code - Amending Inclusionary Housing Ordinance

- Pages: 9-10
- Sponsors: Mayor; Chiu and Campos
- Vote 1: amendment
  - Action: g Fund, deleting provisions relating to certain requirements for off-site units, and deleting provisions requiring a refund of fees after issuance of certificate of occupancy; amending Sections 416 and 417 to make conforming amendments to the Inclusionary Affordable Housing Program; amending the Van Ness Market Special Use District, Section 249.33, to delete the provision that a project sponsor may only meet up to 50% of the Program's requirements through payment of the fee; amending Section 827 to delete the requirement that 50% of on- or off-site affordable housing units provided under Section 415 et seq. in the Rincon Hill Area Plan be provided as rental; amending the Administrative Code by amending Chapter 56 related to Development Agreements to create certain exceptions from its requirements for rental housing developments with on-site inclusionary units; and making findings including findings under the California Environmental Quality Act. Supervisor Campos requested to be added as a co-sponsor. Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 123, Line 6, by deleting 'the Clerk and other.' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101094: Administrative Code - Child Care Centers for City Projects and City-Funded Private Projects

- Pages: 10
- Sponsors: Dufty; Alioto-Pier, Chiu, Mar, Maxwell and Campos
- Vote 1: other
  - Action: vately-sponsored project of more than 50,000 gross square feet receiving any funds controlled by the City and County of San Francisco unless the developer is required to comply with Planning Code Sections 414 et seq.'; and on Page 5, Lines 23-25, by replacing 'The sponsoring City agency shall be responsible for providing the information requested by DCYF and for paying DCYF for its services' with 'DCYF will provide the all of the applicable/needed data on child care need related to a specific project. DCYF would provide the child care data for demographics, existing area deficiencies, availability, and pricing. DCYF would also provide a list of appropriate consultants that have the expertise to conduct a child care feasibility study, as well as any technical assistance related to the understanding and effective use of the child care data required in the feasibility study. This would also ensure that the sponsoring department discusses the project with DCYF staff and would ensure that DCYF can educate the sponsoring department and/or their hired consultants about how to successfully implement child care services, where a need is identified.' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101095: Planning Code - Affordable Housing Program Exemption for Qualified Student Housing

- Pages: 10-11
- Sponsors: Dufty; Campos
- Vote 1: amendment
  - Action: 101095 [Planning Code - Affordable Housing Program Exemption for Qualified Student Housing] Sponsors: Dufty; Campos Ordinance amending the Residential Inclusionary Affordable Housing Program, Planning Code Sections 415 et seq. to exempt certain Qualified Student Housing Projects, as defined, if the project meets certain requirements; adding corresponding definitions to Section 401; and making findings including environmental findings. (Economic Impact.) Supervisor Campos requested to be added as a co-sponsor. Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 26, Line 22, by deleting 'the Clerk and other.' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

## Extracted text

### [Page 9](https://sfbos.info/documents/2041/2010-12-07-minutes#page-9)

Board of Supervisors Meeting Minutes 12/7/2010

Recommendations of the Land Use and Economic Development Committee

100046 [Planning Code, Administrative Code - Amending Inclusionary Housing Ordinance]
 Sponsors: Mayor; Chiu and Campos
 Ordinance amending the Planning Code and Administrative Code by amending the Residential
 Inclusionary Affordable Housing Program, Planning Code Section 415 et seq. (formerly Code
 Section 315 et seq.) (the "Program") to change the name of the Program to the Affordable
 Inclusionary Affordable Housing Program and to require all project applicants to pay the Affordable
 Housing Fee unless they are eligible for an alternative; making other amendments to the Program
 including expanding the uses of the Citywide Affordable Housing Fund, deleting provisions relating
 to certain requirements for off-site units, and deleting provisions requiring a refund of fees after
 issuance of certificate of occupancy; amending Sections 416 and 417 to make conforming
 amendments to the Inclusionary Affordable Housing Program; amending the Van Ness Market
 Special Use District, Section 249.33, to delete the provision that a project sponsor may only meet
 up to 50% of the Program's requirements through payment of the fee; amending Section 827 to
 delete the requirement that 50% of on- or off-site affordable housing units provided under Section
 415 et seq. in the Rincon Hill Area Plan be provided as rental; amending the Administrative Code
 by amending Chapter 56 related to Development Agreements to create certain exceptions from its
 requirements for rental housing developments with on-site inclusionary units; and making findings
 including findings under the California Environmental Quality Act.
 Supervisor Campos requested to be added as a co-sponsor.
 Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on
 Page 123, Line 6, by deleting 'the Clerk and other.' The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 PASSED ON FIRST READING AS AMENDED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

City and County of San Francisco Page 1075 Printed at 1:31 pm on 1/6/11

### [Page 10](https://sfbos.info/documents/2041/2010-12-07-minutes#page-10)

Board of Supervisors Meeting Minutes 12/7/2010

101094 [Administrative Code - Child Care Centers for City Projects and City-Funded
 Private Projects]
 Sponsors: Dufty; Alioto-Pier, Chiu, Mar, Maxwell and Campos
 Ordinance amending the San Francisco Administrative Code by adding Chapter 29B to require a
 City agency, or a private developer that receives City funds for a development project, as defined,
 to prepare a feasibility study for providing an on-site child care center whenever it plans to
 construct or purchase a building, lease more than 50 percent of space in a private building for an
 initial term of more than one year, or alter more than 50 percent of the space in an existing building;
 adopting findings, including environmental findings.
 Supervisor Campos requested to be added as a co-sponsor.
 Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on
 Page 4, Lines 12-16, by replacing '(1) a development project of more than 25,000 gross square feet
 proposed and/or funded by a City agency; and (2) a development project of more than 25,000 gross
 square feet proposed by a private developer receiving any funds controlled by the City and County of
 San Francisco unless the developer is required to comply with Planning Code Section 414 et seq.'
 with '(1) a City development project of more than 25,000 gross square feet; and (2) a
 privately-sponsored project of more than 50,000 gross square feet receiving any funds controlled by
 the City and County of San Francisco unless the developer is required to comply with Planning Code
 Sections 414 et seq.'; and on Page 5, Lines 23-25, by replacing 'The sponsoring City agency shall be
 responsible for providing the information requested by DCYF and for paying DCYF for its services'
 with 'DCYF will provide the all of the applicable/needed data on child care need related to a specific
 project. DCYF would provide the child care data for demographics, existing area deficiencies,
 availability, and pricing. DCYF would also provide a list of appropriate consultants that have the
 expertise to conduct a child care feasibility study, as well as any technical assistance related to the
 understanding and effective use of the child care data required in the feasibility study. This would
 also ensure that the sponsoring department discusses the project with DCYF staff and would ensure
 that DCYF can educate the sponsoring department and/or their hired consultants about how to
 successfully implement child care services, where a need is identified.' The motion carried by the
 following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 PASSED ON FIRST READING AS AMENDED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101095 [Planning Code - Affordable Housing Program Exemption for Qualified Student
 Housing]
 Sponsors: Dufty; Campos
 Ordinance amending the Residential Inclusionary Affordable Housing Program, Planning Code
 Sections 415 et seq. to exempt certain Qualified Student Housing Projects, as defined, if the
 project meets certain requirements; adding corresponding definitions to Section 401; and making
 findings including environmental findings.
 (Economic Impact.)
 Supervisor Campos requested to be added as a co-sponsor.
 Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on
 Page 26, Line 22, by deleting 'the Clerk and other.' The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 PASSED ON FIRST READING AS AMENDED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

City and County of San Francisco Page 1076 Printed at 1:31 pm on 1/6/11
