Board of Supervisors Minutes: March 29, 2011

110306 [Appointments, Veterans Affairs Commission - Eduardo Ramirez, John Caldera, Edwin Wilkerson, Stephen Noetzel, and Regaldo Baldonado] Motion appointing Eduardo Ramirez, John Caldera, Edwin Wilkerson, Stephen Noetzel, and Regaldo Baldonado, terms ending January 31, 2015, to the Veterans Affairs Commission. (Clerk of the Board) Motion No. M11-49 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

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 Mar requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

110184 [De-Appropriating $15,479,251 of Market Rate Bond Proceeds and Re-Appropriating to Below Market Rate - Seismic Safety Loan Program - FY2010-2011] Sponsor: Mayor Ordinance de-appropriating $15,479,251 of Market Rate General Obligation Bond Proceeds, Series 2007A, and re-appropriating $15,479,251 to the Below Market Rate Seismic Safety Loan Program in the Mayor’s Office of Housing for FY2010-2011 and maintaining on Controller’s reserve the appropriation equal to the unsold portion of the bonds. (Fiscal Impact.) Ordinance No. 61-11 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

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. Resolution No. 153-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110024 [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. Ordinance No. 60-11 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

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." Ordinance No. 59-11 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110256 [Opposing Elimination of Adult Day Health Center Programs] Sponsors: Kim; Avalos, Mar, Campos, Mirkarimi and Chiu Resolution opposing the proposed elimination of Medi-Cal funding for Adult Day Health Center programs in the State of California. (Supervisor Chu dissented in committee.) Resolution No. 152-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Mirkarimi, Wiener

Noes: Chu, Elsbernd, Farrell

110284 [Ten Year Capital Expenditure Plan - FYs 2012-2021] Sponsors: Mayor; Chiu Resolution adopting the City's ten year capital expenditure plan for FYs 2012-2021. (Fiscal Impact.) Resolution No. 151-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110236 [Accept and Expend Grant - Buffer Zone Protection Program - $579,090] Sponsor: Elsbernd Resolution authorizing the Department of Emergency Management, for the City and County of San Francisco, as fiscal agent for the Bay Area region, to retroactively accept and expend a FY2008 Buffer Zone Protection Program Grant in the amount of $579,090 from the U.S. Department of Homeland Security through the California Emergency Management Agency to fund critical planning and infrastructure protection needs. Resolution No. 145-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110237 [Approval of TEFRA Hearing for Issuance of Tax-Exempt Revenue Bonds - Episcopal Senior Communities - Not to Exceed $120,000,000] Sponsor: Farrell Resolution approving the issuance of tax-exempt revenue bonds, by the ABAG Finance Authority for Nonprofit Corporations, for purposes of Section 147(f) of the Internal Revenue Code in an aggregate principal amount not to exceed $120,000,000 to finance and refinance various capital facilities owned by Episcopal Senior Communities. Resolution No. 146-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110240 [Accept and Expend Grant - Electric Vehicle Charging Equipment - $251,000] Sponsors: Mayor; Mar Resolution authorizing the San Francisco Department of the Environment to accept forty seven (47) electric vehicle chargers and three (3) years of service from Coulomb Technologies, Inc., as a sub-award under Grant DE-EE0003391 using Federal Recovery Act Funds from the U.S. Department of Energy to Coulomb for these purposes. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 143-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110286 [Accept and Expend Grant - San Francisco Bridge to Success Program - $3,000,000] Sponsors: Mayor; Mar Resolution authorizing the Department of Children, Youth and Families to retroactively accept and expend grant funding in the amount of $3,000,000 from the Bill and Melinda Gates Foundation to fund the San Francisco Bridge to Success Program, a partnership between the City and County of San Francisco, City College of San Francisco, and the San Francisco Unified School District, to double the number of low income youth who earn post-secondary credentials by age 26 for the period of August 13, 2010, through August 31, 2013. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 150-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110287 [Equipment Lease - 2011 Finance Corporation Equipment Program - Revenue Bonds - Not to Exceed $16,500,000] Sponsor: Mayor Resolution approving the form of and authorizing execution and delivery by the City and County of San Francisco of an Equipment Lease Supplement No. 17 (Series 2011A Bonds) between the City and County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco, as lessee, with respect to certain equipment to be used for city purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to exceed $16,500,000; approving the form of the official statement and the distribution thereof in preliminary and final form; providing for reimbursement to the City and County of San Francisco of certain city expenditures incurred prior to the issuance of lease revenue bonds; and providing for the execution of documents in connection therewith. (Fiscal Impact.) Resolution No. 147-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

Planning Code by amending Sections 124, 132.2, 136, 144, 145, 145.1, 145.5, 150, 151.1, 155, 161, 186, 206.3, 209.8, 210.3, 212, 231, 243, 253, 253.2 and 307, and by repealing Sections 175.1, 175.2, 175.3, 175.4, 175.5, 209.10, and 249.26 to: 1) create comprehensive and consistent street frontage controls for residential districts; 2) create consistent ground floor controls for industrial districts; 3) permit certain small corner commercial uses in RM-3 and RM-4 districts; 4) modify floor area ratio controls in the Van Ness Special Use District; 5) modify conditional use requirements for buildings over 40 feet in RM and RC districts; 6) amend the procedure for granting exceptions from off-street parking and loading requirements; 7) allow parking and loading exceptions to preserve historic buildings and landmark trees; 8) make certain Planning Code controls consistent across C-3 Districts; and 9) streamline language and correct out-of-date Code references; adopting findings, including environmental findings, 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, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110010 [Planning Code - Zoning - NC-3 District of Fillmore Street between Bush and McAllister Streets] Sponsor: Mirkarimi Ordinance: 1) amending Section 145.4 of the San Francisco Planning Code to require active ground-floor commercial uses in properties fronting on Fillmore Street between Bush and McAllister Streets in the NC-3 District; and 2) 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, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

14 [Environment Code - Yellow Pages Distribution Pilot Program] Sponsors: Chiu; Mar, Mirkarimi, Wiener and Cohen Ordinance adding Chapter 20 to the Environment Code to establish a three-year pilot program to reduce waste in the distribution of Yellow Pages phone directories to private residences and businesses in San Francisco, and to reduce neighborhood blight, by restricting distribution to circumstances where: 1) there is personal delivery of the directory to a human being, 2) there has been a request for delivery of the directory to the residence or business, or 3) directories are maintained for pick-up at a distribution center or business open to the public; mandating a public outreach program to educate the public about the environmental harms associated with excessive distribution of Yellow Pages phone directories, develop and publicize alternatives to private possession of such directories, and inform the public of the option and means of obtaining such directories; and making environmental findings. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

City and County of San Francisco Page 265 Printed at 8:33 am on 5/4/11 Board of Supervisors Meeting Minutes 3/29/2011 (Economic Impact.) Privilege of the floor was granted to Ted Egan (Controller's Office) who responded to questions raised throughout the discussion. Supervisor Elsbernd, seconded by Supervisor Farrell, moved that this Motion be RE-REFERRED AS AMENDED to the Land Use and Economic Development Committee. Supervisor Elsbernd withdrew his Motion. Supervisor Chiu, seconded by Supervisor Cohen, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to May 10, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110261 [Public Hearing - Appeal of Final Environmental Impact Report - 350 Mission Street Project] Hearing of persons interested in or objecting to the decision of the Planning Commission’s February 10, 2011, Certification of a Final Environmental Impact Report identified as Planning Case No. 2006.1524E, through its Motion No. 18265, for the proposed 350 Mission Street Project. (District 6) (Appellant: Alex DeGood, on behalf of the owners of 50 Beale Street). (Filed March 2, 2011; Companion File Nos.110262,110263,110264.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. Supervisor Elsbernd, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to April 12, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110262 [Affirming Certification of Final Environmental Impact Report - 350 Mission Street Project] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 350 Mission Street Project. Supervisor Elsbernd, seconded by Supervisor Mar, moved that this Motion be CONTINUED to April 12, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110263 [Reversing Certification of Final Environmental Impact Report - 350 Mission Street Project] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 350 Mission Street Project. Supervisor Elsbernd, seconded by Supervisor Mar, moved that this Motion be CONTINUED to April 12, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110264 [Preparation of Findings to Reverse Certification of Final Environmental Impact Report - 350 Mission Street Project] 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 350 Mission Street Project. Supervisor Elsbernd, seconded by Supervisor Mar, moved that this Motion be CONTINUED to April 12, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110207 [Affirming Certification of Parkmerced Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the Parkmerced Project. Supervisor Campos, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED to May 24, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110208 [Reversing Certification of Parkmerced Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the Parkmerced Project. Supervisor Campos, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED to May 24, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110209 [Preparation of Findings to Reverse Certification of Parkmerced 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 Parkmerced Project. Supervisor Campos, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED to May 24, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

33A.1, 790.90, 790.91, and 790.102 to: 1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; 2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; 3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; 4) conditionally permit Large Self-Service Restaurants in the Inner Sunset Neighborhood Commercial District; 5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; and 6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Resolution No. 149-11 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110355 [Protection of Safely Produced and Well Managed Youth Events] Sponsor: Wiener Resolution calling for the protection of safely produced and well managed youth events, including music oriented events, in the City and County of San Francisco. Resolution No. 154-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None