Board of Supervisors Minutes: March 15, 2011

expired, must be certified by a professional tree management organization (International Society of Arboriculture, American Society of Consulting Arborists, or American Society of Landscape Architects,) for the unexpired portion of a two-year term ending November 18, 2012. Dan Flanagan, seat 4, succeeding Naomi LeBeau, resigned, must be a member of a non-profit organization involved in urban forestry or other environmentally-related issues, for the unexpired portion of a two-year term ending November 18, 2012. Sandy Sherwin, seat 5, succeeding Bonnie Ora Sherk, term expired, must be a member of a non-profit organization involved in urban forestry or other environmentally-related issues, for the unexpired portion of a two-year term ending November 18, 2012. Rose Hillson, seat 6, succeeding herself, term expired, must be a representative of the community, for the unexpired portion of a two-year term ending November 18, 2012. Andrew Sullivan, seat 7, succeeding Terry Milne, term expired, must be a representative of the community, for the unexpired portion of a two-year term ending November 18, 2012. Motion No. M11-37 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

nue to the San Francisco Redevelopment Agency for $4,056,580 and the grant of a pedestrian access easement and an emergency fire apparatus access easement over a portion of adjacent City property; 4) adopting environmental findings and other findings that the actions set forth in this Ordinance are consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; 5) adopting findings that Administrative Code Chapter 23A does not apply to the sale of such portion of City property; and 6) authorizing other actions in furtherance of this Ordinance. Supervisor Elsbernd indicated amendments to the Purchase and Sale Agreement between the City and the Redevelopment Agency to include a Use Restriction that requires that the mixed use project have 70 residential rental units available for tenants with initial household incomes at or below 60% of area median income and that the property revert to the City if the Agency ceases to exist as provided by the Mayor's Office of Economic and Workforce Development, included in File No. 110115. Ordinance No. 49-11 FINALLY PASSED, after accepting the amendments to the accompanying documents, by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

100962 [Appropriating $1,300,000 of General Fund Reserve - Ethics Commission Public Election Campaign Finance Fund for FY2010-2011] Sponsors: Avalos; Mirkarimi, Campos and Mar Ordinance appropriating $1,300,000 of General Fund Reserve for the Ethics Commission in the Public Election Campaign Finance Fund for FY2010-2011. (Fiscal Impact.) Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED ON FIRST READING to March 29, 2011. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110154 [Appropriating $2,809,000 of General Fund Reserve - Fourth Street Bridge Project Litigation Expenses in FY2010-2011] Sponsor: Mayor Ordinance appropriating $2,809,000 from the General Fund Reserve to the Department of Public Works for litigation expenses related to the Santa Clara Superior Court Case between Mitchell Engineering/Obayashi Corporation v. City and County of San Francisco for the Fourth Street Bridge Project in FY2010-2011. (Fiscal Impact.) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110148 [Lease - ParkWide Activities, LLC - Master Bike Rental Concession Operation] Resolution authorizing the Recreation and Park Department General Manager to enter into a lease with ParkWide Activities, LLC, for the operation of a Master Bike Rental Concession in City Parks. (Recreation and Park Department) Resolution No. 127-11 ADOPTED by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110168 [Lease of Real Property - 1421 Broderick Street] Resolution authorizing the exercise of a ten year option to extend the lease of the 12,417 square foot building located at 1421 Broderick Street for the Department of Public Health. (Real Estate Department) Resolution No. 128-11 ADOPTED by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110175 [Settlement of Unlitigated Claims - East Bay Regional Park District - Public Utilities Commission Calaveras Dam Replacement Project] Resolution approving the settlement of the unlitigated claims between the City and County of San Francisco and the East Bay Regional Park District (EBRPD) related to the San Francisco Public Utilities Commission (SFPUC) Water System Improvement Program, Calaveras Dam Replacement Project, in Alameda County, calling for SFPUC to pay EBRPD $2,000,000 related to project construction activities, and including other material terms and conditions in a settlement and release agreement. (City Attorney) Resolution No. 130-11 ADOPTED by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110187 [CEQA Findings - Public Utilities Commission Calaveras Dam Replacement Project] Sponsor: Elsbernd Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Water System Improvement Program Calaveras Dam Replacement Project, in Alameda and Santa Clara Counties, including the mitigation habitat actions at various sites; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. Resolution No. 131-11 ADOPTED by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

sure that the Controller's Office and the Capital Planning Program coordinate their efforts; 2) amending Sections 413.6 and 415.5 to provide that the annual adjustments to the Jobs-Housing Linkage and Affordable Housing fees shall be made at the same time as the cost inflation adjustments are made to the other development fees; 3) amending other sections of Article 4 to clarify language, eliminate confusion as to when requirements must be met, and correct errors in cross-referencing; and 4) adding an uncodified section providing that (a) if a development fee was evaluated in 2010 or 2011, it need not be included in the 2011 five-year evaluation and (b) authorizing the Controller to make the 2011 Infrastructure Cost Inflation Adjustments to the development fees in April rather than January; amending the San Francisco Administrative Code by repealing Section 38.14 (the Severability Clause) and moving it to Section 430; and adopting environmental, Planning Code Section 302, and Planning Code Section 101.1 findings. Supervisor Mar, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

[Planning Code - Zoning Map Amendment - Correction to Market and Octavia Area Plan Zoning] Sponsor: Mirkarimi Ordinance amending Zoning Map Sheet No. 2 of the San Francisco Planning Code to include parcels inadvertently excluded from the Zoning Map amendment adopted to implement the Market and Octavia Plan (Ordinance No. 72-08) affecting the area roughly bounded by a line beginning at the intersection of Buchanan and Fell Street, continuing northwest, thence northeast on Grove Street, continuing northwest at Laguna Street, thence heading northeast on Turk Street, continuing southeast at Franklin Street, thence continuing southwest at Fell Street to the starting point at the intersection of Buchanan Street, to eliminate use districts within the Market and Octavia Plan Area and replace them with revised use districts, consistent with those proposed in the Market and Octavia Area Plan; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. Supervisor Avalos, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FIRST READING to March 22, 2011. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110070 [Planning Code - Zoning - Upper Fillmore Neighborhood Commercial District] Sponsor: Farrell Ordinance amending the San Francisco Planning Code by amending Sections 703.3 and 718.1 and the Zoning Control Table for the Upper Fillmore NCD to: 1) allow as a conditional use on the first floor a new full-service restaurant, large fast food restaurant, small self-service restaurant or self-service specialty food establishment that is not defined as a formula retail use; and 2) add Specific Provisions to the Zoning Control Table to allow a bar associated with a full-service restaurant as a conditional use and require the Planning Commission to consider daytime usage on the block in conditionally approving a new restaurant; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110117 [Administrative Code - Publication Requirements] Sponsor: Mirkarimi Ordinance amending the San Francisco Administrative Code Section 2.97 to define "Summary" for the purpose of publishing "Public Notices." Supervisor Avalos, seconded by Supervisor Elsbernd, moved that this Ordinance be CONTINUED ON FIRST READING to March 22, 2011. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110150 [Administrative Code - Process for Mayoral Appearance at the Board of Supervisors] Sponsors: Chiu; Mar Ordinance amending the San Francisco Administrative Code by adding Section 2.11 to establish a process for the Mayor to appear at the Board of Supervisors for a question and answer session. Ordinance No. 51-11 FINALLY PASSED by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110278 [Municipal Elections Code - Emergency Ordinance Extending Municipal Elections Code Deadlines for Possible June 2011 Election] Sponsor: Chiu Emergency Ordinance authorizing the Director of Elections to extend deadlines in the San Francisco Municipal Elections Code by no more than 15 days for a possible special municipal election to be held in June 2011. Ordinance No. 53-11 FINALLY PASSED by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110203 [Affirming Certification of Calaveras Dam Replacement Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the Calaveras Dam Replacement Project. Motion No. M11-40 Supervisor Elsbernd, seconded by Supervisor Avalos, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110204 [Reversing Certification of Calaveras Dam Replacement Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the Calaveras Dam Replacement Project. Supervisor Elsbernd, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110205 [Preparation of Findings to Reverse Certification of Calaveras Dam Replacement Project Final Environmental Impact Report] Motion directing the Clerk of the Board to prepare findings reversing the certification by the Planning Commission of the Final Environmental Impact Report for the Calaveras Dam Replacement Project. Supervisor Elsbernd, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110283 [Urging Avalon Bay Communities to Utilize Sub-Contractors that Compensate Workers Consistent with Area Standard Wages] Sponsor: Avalos Resolution encouraging Avalon Bay Communities to sub-contract all carpentry crafts to a responsible contractor that pays area standard wages and benefits and has a State of California certified apprenticeship program and journeyman upgrade training. Supervisor Avalos, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to March 29, 2011. The motion carried by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi

110260 [Final Map 5889: 619, 631-633 Taraval Street] Motion approving Final Map 5889, a 9 Unit Mixed-Use (6 Unit Residential and 3 Unit Commercial) Condominium Project, located at 619, 631-633 Taraval Street being a subdivision of Lots 039, 040, and 042A in Assessors Block No. 2409 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M11-39 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Chiu, Chu, Elsbernd, Farrell, Kim, Mar, Wiener

Noes: None

Excused: Campos, Cohen, Mirkarimi