Board of Supervisors Minutes: April 5, 2011

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. Ordinance No. 62-11 FINALLY PASSED 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.) Ordinance No. 64-11 FINALLY PASSED by the following vote:

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

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

110352 [Disproportionate Federal Cuts to the Community Development Block Grant Program] Sponsors: Mayor; Chu, Avalos, Chiu, Mirkarimi, Kim and Mar Resolution urging the Federal government to minimize the cuts to the Community Development Block Grant Program proposed by the President and the United States Congress. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 157-11 ADOPTED by the following vote:

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

Noes: None

110210 [Airline/Airport Lease and Use Agreements - Various Airlines] Resolution approving leases to the terms of eight (8) new Airline/Airport Lease and Use Agreements between the City and various airlines, effective July 1, 2011, to allow such Airlines to conduct domestic and international flight operations at San Francisco International Airport. (Airport Commission) Resolution No. 156-11 ADOPTED by the following vote:

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

Noes: None

110318 [Accept and Expend Grant - Used Motor Oil Recycling - $114,138] Sponsor: Mar Resolution authorizing the Department of the Environment to retroactively accept and expend a grant in the amount of $114,138 from the California Department of Resources Recycling and Recovery for the purpose of increasing Used Motor Oil Recycling and Household Hazardous Waste Management. Resolution No. 158-11 ADOPTED by the following vote:

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

Noes: None

110155 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion in Central Market Street and Tenderloin Area] Sponsors: Mayor; Kim, Chiu, Farrell, Cohen, Wiener and Chu Ordinance amending Article 12-A of the Business and Tax Regulations Code by adding Section 906.3 to establish a payroll expense tax exclusion for businesses located in the Central Market Street and Tenderloin Area and requiring persons with an annual payroll expense of over $1,000,000 to enter into a Community Benefits Agreement with the Office of Economic and Welfare Development. (Fiscal Impact; Economic Impact.) Supervisor Kim, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Noes: None

Ordinance amending Article 12-A of the Business and Tax Regulations Code by adding Section 906.3 to establish a payroll expense tax exclusion for businesses located in the Central Market Street and Tenderloin Area and requiring persons with an annual payroll expense of over $1,000,000 to enter into a Community Benefits Agreement with the City Administrator. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Mirkarimi

110255 [Endorsing Community Concerns of Surveillance, Racial, and Religious Profiling] Sponsors: Mirkarimi; Mar, Avalos, Campos and Chiu Resolution endorsing “Community Concerns of Surveillance, Racial, and Religious Profiling of Arab, Middle Eastern, Muslim, and South Asian Communities (AMEMSA) and Potential Reactivation of Police Department’s Intelligence Gathering,” a report published by the San Francisco Human Rights Commission. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 160-11 ADOPTED by the following vote:

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

Noes: None

Absent: Kim

101537 [Planning Code - Urban Agriculture] Sponsors: Mayor; Chiu, Cohen, Mirkarimi and Mar Ordinance amending the Planning Code to update controls related to urban agricultural uses by adding Section 102.34 to define urban agriculture, including neighborhood agriculture and large-scale urban agriculture, and amending Sections 204.1, 209.5, 227, 234.1, 234.2, and Articles 7 and 8 to regulate such uses in various zoning districts; and making findings including environmental findings and findings of consistency with General Plan and Section 101.1. Supervisors Mirkarimi and Mar requested to be added as co-sponsors. 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, Mar, Mirkarimi, Wiener

Noes: None

Absent: Kim

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Absent: Kim

110313 [Settlement Agreement and Lease Amendment - Forty Niners, Ltd.] Sponsors: Mayor; Chiu, Cohen and Farrell Ordinance authorizing a settlement agreement and related lease amendment with the San Francisco Forty Niners, Ltd. (the 49ers) to settle a claim made by the 49ers on June 18, 2010, against the City and County of San Francisco relating to the condition of Candlestick Stadium; exempting any new City policy requirements that the City's Administrative Code would otherwise require for a material amendment to the lease. Supervisor Farrell requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Kim

110142 [Appointment, Ethics Commission - Dorothy Liu] Motion appointing Dorothy Liu, term ending February 1, 2017, to the Ethics Commission. (Clerk of the Board) Dorothy Liu, seat 1, succeeding Eileen Hansen, term expired, must be broadly representative of the general public, for the unexpired portion of a six-year term ending February 1, 2017. Supervisor Mar, seconded by Supervisor Avalos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote:

Ayes: Avalos, Mar, Mirkarimi

Noes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener

Motion No. M11-50 APPROVED by the following vote:

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

Noes: Avalos

ddress the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. RECONVENED IN CLOSED SESSION The Board recessed at the hour of 4:12 p.m. to reconvene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Melanie Nutter, Director, Department of the Environment Cheryl Adams, Deputy City Attorney Vince Chhabria, Deputy City Attorney Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard and filed. RECONVENING OF THE BOARD The Board at the hour of 5:06 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Elsbernd, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

110371 [Final Map 4343 - Mission Bay] Motion approving Final Map No. 4343, Mission Bay, a 669 unit residential and 18 unit commercial condominium project within three buildable lots being a subdivision of Assessor’s Block No. 8710 Lot No. 4; approving a Public Improvement Agreement related to the Final Map; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 and the Mission Bay South Redevelopment Pan and Plan Documents. (Public Works Department) Motion No. M11-51 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