Board of Supervisors Minutes: January 4, 2011

101447 [Accept and Expend Grant - Market and Octavia Historic Resource Preservation Project - $83,529] Sponsor: Chiu Resolution authorizing the San Francisco Planning Department to retroactively accept and expend a grant in the amount of $83,529 from the National Park Service for the period August 1, 2010, through August 31, 2012, in order to conduct the Market and Octavia Historic Resource Preservation Project. Resolution No. 12-11 ADOPTED 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

101609 [Findings Disapproving Conditional Use for Property Located at 10 Bernal Heights Boulevard] Motion adopting findings disapproving the Planning Commission’s approval of Conditional Use Authorization No. 2010.0306C (which approved the installation of wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50 foot tall communications tower and to modify the conditional use approval under Case No. 2008.1157C to change the number of allowed antennas on the site within a RH-1(D) zoning district and a 40-X height and bulk district). Motion No. M11-1 APPROVED by the following vote:

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

Noes: None

101006 [Administrative Code - Revisions to Local Business Enterprise Ordinance] Sponsors: Chu; Chiu Ordinance amending Administrative Code Chapter 14B to increase minimum competitive amount for general services contracts to $400,000; to clarify ownership requirements for certification of local businesses with no single majority owner and make other clarifications to address certification of businesses under common ownership or with multiple locations; to clarify requirements for setting aside contracts under the mandatory Micro-LBE Set-Aside program; to exclude contracts under the threshold amount or minimum competitive amount from good faith efforts outreach and documentation requirements; to simplify and coordinate reporting requirements; to re-authorize the Treasurer to negotiate financial instruments in support of the Surety Bond and Financial Assistance Program after these provisions were inadvertently rescinded; and to make technical corrections. Ordinance No. 8-11 FINALLY PASSED by the following vote:

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

Noes: None

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. Ordinance No. 1-11 FINALLY PASSED by the following vote:

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

Noes: None

100495 [Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice] Sponsor: Alioto-Pier Ordinance amending the San Francisco Administrative Code Chapter 31 to provide for appeals to the Board of Supervisors of certain environmental documents under the California Environmental Quality Act, to clarify procedures and to provide public notice of environmental documents. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:

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

Noes: None

100455 [Environment Code - San Francisco Safe Drug Disposal Ordinance] Sponsor: Mirkarimi Ordinance amending the San Francisco Environment Code by adding Chapter 22, Sections 2201 through 2211, to: require any person who produces a drug offered for sale in San Francisco to participate in an approved drug stewardship program for the collection and disposal of unwanted drugs from residential sources; provide for implementation, enforcement, fees, and penalties; and phase-in the application of the Chapter to non-prescription drugs and controlled substances; and making environmental findings. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to January 18, 2011. The motion carried by the following vote:

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

Noes: None

Supervisor Mirkarimi, seconded by Supervisor Chu, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to January 25, 2011. The motion carried by the following vote:

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

Noes: None

101482 [Annual Reports - Castro/Upper Market Community Benefit District] Sponsor: Dufty Resolution regarding Castro/Upper Market Community Benefit District annual reports to the City: receiving and approving the District's Annual Reports for FYs 2006-2007, 2007-2008, and 2008-2009, as submitted pursuant to Section 36650 of the Business Property and Community Benefit Act of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's management contract with the City. Resolution No. 16-11 ADOPTED by the following vote:

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

Noes: None

101445 [Public Works Code - Banners on the Path of Gold] Sponsor: Dufty Ordinance amending Public Works Code Section 184.78 to allow city neighborhood banners, as defined in Section 184.78, to be posted on the Path of Gold lamp posts lining Market Street, and adopting environmental findings. Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 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

091365 [Supporting the Report of the Declining Fossil Fuel Supplies] Sponsors: Mirkarimi; Mar Resolution in support of the measures and actions to mitigate the effects of declining fossil fuel supplies recommended in the report of the San Francisco Peak Oil Preparedness Task Force. ADOPTED by the following vote:

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

Noes: Alioto-Pier, Chu, Elsbernd

Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Resolution No. 23-11 ADOPTED by the following vote:

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

Noes: Alioto-Pier, Chu, Dufty, Elsbernd

101358 [Annual Reports - Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside Community Benefit District] Sponsor: Chiu Resolution approving annual reports to the City for Fisherman's Wharf Community Benefit District and for Fisherman's Wharf Portside Community Benefit District, receiving and approving the Districts' Annual Reports for FYs 2006-2007, 2007-2008, and 2008-2009, as submitted pursuant to Section 36650 of the Business Property and Community Benefit Act of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the Districts' management contracts with the City. Resolution No. 15-11 ADOPTED by the following vote:

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

Noes: None

101361 [Annual Reports - Noe Valley Community Benefit District] Sponsor: Dufty Resolution regarding Noe Valley Community Benefit District annual reports to the City, receiving and approving the District's annual reports for District FYs 2006-2007, 2007-2008, and 2008-2009, as submitted pursuant to Section 36650 of the Business Property and Community Benefit Act of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's management contract with the City. Resolution No. 14-11 ADOPTED by the following vote:

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

Noes: None

101467 [Selection of a Successor Mayor - Edwin Lee] Sponsor: Daly Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. NOMINATIONS Supervisor Campos nominated Sherriff Michael Hennessy. Supervisor Mirkarimi nominated Former Mayor Art Agnos. Supervisor Elsbernd nominated City Administrator Edwin Lee. Supervisor Daly nominated Former Supervisor Aaron Peskin. President Chiu asked if there were any further nominations. There being no response, the nominations for Successor Mayor were then closed. SELECTION OF THE SUCCESSOR MAYOR The roll was called on the nominations of Supervisors Campos, Mirkarimi, Elsbernd, and Daly. ROUND 1 Motion to select Sherriff Michael Hennessy as Successor Mayor failed by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

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

Motion to select Former Mayor Art Agnos as Successor Mayor failed by the following vote:

Ayes: Campos, Daly, Mar, Mirkarimi

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

Motion to select City Administrator Edwin Lee failed by the following vote:

Ayes: Alioto-Pier, Chiu, Chu, Elsbernd

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

Motion to select Former Supervisor Aaron Peskin failed by the following vote:

Ayes: Campos, Daly, Mirkarimi

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

RECESS Supervisor Dufty, seconded by Supervisor Alioto-Pier to recess until 8:45 p.m. passed by the following vote:

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

Noes: None

ROUND 2 Motion to select Sherriff Michael Hennessy as Successor Mayor failed by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

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

Motion to select Former Mayor Art Agnos as Successor Mayor failed by the following vote:

Ayes: Campos, Daly, Mirkarimi

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

Motion to select City Administrator Edwin Lee failed by the following vote:

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

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

Motion to select Former Supervisor Aaron Peskin failed by the following vote:

Ayes: Campos, Daly, Mirkarimi

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

City and County of San Francisco Page 11 Printed at 2:46 pm on 2/10/11 Board of Supervisors Meeting Minutes 1/4/2011 WITHDRAWL Supervisor Mirkarimi withdrew his nomination of Former Mayor Art Agnos. RECESS Supervisor Avalos, seconded by Supervisor Mirkarimi to recess until 9:45 p.m. passed by the following vote:

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

Noes: Alioto-Pier, Chu

Supervisor Avalos, seconded by Supervisor Campos, moved that this Motion be RECESSED to January 7, 2011, at 3:00 p.m. The motion carried by the following vote:

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

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

levy and collection of assessments against property located in that district for ten years commencing with FY2011-2012, subject to conditions as specified, and making environmental findings. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the Civic Center Community Benefit District Report No. 1 was 86.50%, and the returned weighted ballots voting against the Civic Center Community Benefit District was 13.50%, further indicating there was no majority protest. Ms. Calvillo continued by informing the Board of Supervisors that the returned weighted ballots voting for the Civic Center Community Benefit District Report No. 2, which was amended to remove the residential parcels at 601 Van Ness Avenue “Opera Plaza” was 89.89%, and the returned weighted ballots voting against the Civic Center Community Benefit District was 10.11%, further indicating there was no majority protest. Privilege of the floor was granted to Lisa Pagan (OEWD) who provided an overview of the results and the amended report which removed the residential parcels at 601 Van Ness Avenue "Opera Plaza." Resolution No. 21-11 ADOPTED by the following vote:

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

Noes: Avalos, Campos, Daly, Mar, Mirkarimi

101551 [Public Hearing - Appeal of Tentative Parcel Map for 74-76 Castro Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated November 30, 2010, approving a Tentative Parcel Map for a 2-unit condominium conversion located at 74-76 Castro Street, Lot No. 013, in Assessor’s Block No. 2611. (District 8) (Appellant: James Coy Driscoll on behalf of Martin Hyland) (Clerk of the Board) (Filed December 10, 2010; Companion Measure to File Nos. 101552, 101553 and 101554.) The President inquired as to whether any member of the public wished to address the Board relating to a continuance. Martin Hyland (Appellant) spoke in support of a continuance. There were no other speakers. The President continued the public hearing open to January 25, 2011. Supervisor Dufty, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to January 25, 2011. The motion carried by the following vote:

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

Noes: None

101552 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map for 74-76 Castro 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 2-lot condominium conversion subdivision located at 74-76 Castro Street, Assessor's Block No. 2611, Lot No. 013. Supervisor Dufty, seconded by Supervisor Campos, moved that this Motion be CONTINUED to January 25, 2011. The motion carried by the following vote:

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

Noes: None

101553 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map for 74-76 Castro 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 2-lot condominium conversion subdivision located at 74-76 Castro Street, Assessor's Block No. 2611, Lot No. 013. (Clerk of the Board) Supervisor Dufty, seconded by Supervisor Campos, moved that this Motion be CONTINUED to January 25, 2011. The motion carried by the following vote:

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

Noes: None

101554 [Findings Related to the Tentative Parcel Map Disapproval for 74-76 Castro 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 2-lot condominium conversion subdivision located at 74-76 Castro Street, Assessor's Block No. 2611, Lot No. 013. (Clerk of the Board) Supervisor Dufty, seconded by Supervisor Campos, moved that this Motion be CONTINUED to January 25, 2011. The motion carried by the following vote:

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

Noes: None

101507 [Appointment, Public Utilities Commission - Vince Courtney] Motion approving the Mayor’s appointment of Vince Courtney to the Public Utilities Commission, Seat No. 5, for the unexpired portion of a four-year term ending August 1, 2012. (Clerk of the Board) Motion No. M11-2 APPROVED by the following vote:

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

Noes: None

101518 [Confirming Appointment, Municipal Transportation Agency Board of Directors - Leona Bridges] Sponsor: Mayor Resolution confirming the appointment of Leona Bridges to the Municipal Transportation Agency Board of Directors, term ending March 1, 2014. Resolution No. 20-11 ADOPTED by the following vote:

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

Noes: None

101515 [Confirming Appointment, Port Commission - Leslie Katz] Sponsor: Mayor Motion confirming the appointment of Leslie Katz to the Port Commission, term ending May 1, 2014. Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be RE-REFERRED to the Rules Committee. The motion carried by the following vote:

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

Noes: None

101584 [Final Map 4169: 660 King Street] Motion approving Final Map 4169, a 21 Commercial Unit and 148 Residential Unit Mixed-Use Condominium Project, located at 660 King Street being a subdivision of Lot 007 in Assessors Block No. 3799 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M11-9 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

101465 [Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor in the Event of a Vacancy in the Office of the Mayor] Sponsor: Daly Motion that the Board of Supervisors convene as a Committee of the Whole on January 4, 2011, at 3:00 p.m., to discuss the proposed Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. The President inquired as to whether any member of the public wished to address the Board relating to File No. 101465. See general public comment. Orry P. Korb, Nancy J. Clark, and James Williams, Outside Counsel from Santa Clara County, responded to questions raised throughout the discussion. There were no other speakers. The President declared public comment closed. Motion No. M11-3 APPROVED by the following vote:

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

Noes: Alioto-Pier, Dufty

101529 [Supporting the KPFA Morning Show] Sponsors: Avalos; Campos, Mar and Mirkarimi Resolution expressing concern about recent layoffs of the KPFA Morning Show staff and urging Pacific Radio, KPFA’s Local Board, the staff members and their union to find a solution to the current programming crisis. Resolution No. 22-11 ADOPTED by the following vote:

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

Noes: Alioto-Pier, Chu, Dufty, Maxwell

110005 [Family Service Agency Day - February 17, 2011] Sponsor: Dufty Resolution declaring February 17, 2011, as Family Service Agency Day to recognize its 121 year legacy of reform, innovation and concern for the most vulnerable of San Francisco’s residents. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110005. There were no speakers. The President declared public comment closed. Resolution No. 7-11 ADOPTED by the following vote:

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

Noes: None

110006 [Suzy Loftus Day - January 4, 2011] Sponsor: Alioto-Pier Resolution declaring January 4, 2011, as Suzy Loftus Day in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110006. There were no speakers. The President declared public comment closed. Resolution No. 18-11 ADOPTED by the following vote:

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

Noes: None