Board of Supervisors Minutes: April 12, 2011

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 City Administrator. (Fiscal Impact; Economic Impact.) Supervisor Kim, seconded by Supervisor Elsbernd, 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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Mirkarimi

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. Ordinance No. 66-11 FINALLY PASSED by the following vote:

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

Noes: None

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. Ordinance No. 65-11 FINALLY PASSED by the following vote:

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

Noes: None

110225 [Park Code - Botanical Garden Non-Resident Fees] Sponsor: Mayor Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46 to: 1) extend admission fees to the Botanical Garden for non-San Francisco residents beyond June 30, 2011; and 2) eliminate the provision cancelling this admission fee if the Recreation and Park Department receives revenue from a new tax that can be used for Botanical Garden operating and maintenance costs, and make environmental findings. (Fiscal Impact.) Supervisor Chiu, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Noes: Avalos, Campos

Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46 to: 1) extend admission fees to the Botanical Garden for non-San Francisco residents until September 30, 2013; and 2) eliminate the provision cancelling this admission fee if the Recreation and Park Department receives revenue from a new tax that can be used for Botanical Garden operating and maintenance costs, and make environmental findings. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Kim, Mar, Mirkarimi

110113 [Appropriating $143,445 of General Fund Property Transfer Tax and Reducing Botanical Garden Fee Revenue for FY2010-2011] Sponsor: Avalos Ordinance appropriating $143,445 of General Fund from new property transfer tax and reducing botanical garden fee revenues, which will be rescinded as of the effective date of this ordinance, in the Department of Recreation and Park for FY2010-2011. PASSED ON FIRST READING. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Mar, Mirkarimi

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

110349 [Accept and Expend Grant - Office of Financial Empowerment Direct Deposit Program - Citywide Electronic Pay and Amendment to the Annual Salary Ordinance for FY2010-2011 - $240,000] Sponsor: Campos Ordinance authorizing the Office of the Treasurer-Tax Collector to accept and expend a grant in the amount of $240,000 from the Earned Assets Resource Network for implementing the Office of Financial Empowerment Direct Deposit Program, and amending Ordinance 191-10 (Annual Salary Ordinance, FY2010-2011) to provide for the creation of one (1) grant-funded position in the Office of Financial Empowerment. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110223 [Public Works Code - Waiver of Street Encroachment Permit Fees - Stairway Improvements on 48th Avenue at Balboa Street] Sponsor: Mar Ordinance waiving the Street Encroachment Permit Fees in Public Works Code Section 2.1.1 and Public Works Code Sections 786 et seq. for stairway improvements on the unaccepted stairway located on the western side of 48th Avenue between Balboa and Anza Streets. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110350 [Annual Reports - Yerba Buena Community Benefit District] Sponsor: Kim Resolution regarding Yerba Buena Community Benefit District Annual Reports to the City by receiving and approving the District's Annual Reports for FYs 2008-2009 and 2009-2010, which include the District's proposed budget for FY2010-1011, as submitted, pursuant to Section 36650 of the Property and Business Improvement District Law 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. 161-11 ADOPTED by the following vote:

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

Noes: None

110351 [Authorizing Expenditures from SOMA Community Stabilization Fund - $100,000] Sponsors: Mayor; Kim Resolution authorizing the Mayor’s Office of Housing to expend SOMA Community Stabilization funds in the amount of $100,000 to provide grants to nonprofit organizations for: 1) a SOMA Community Coordinator to coordinate and focus community participation related to the development of 333 Harrison; 2) assistance in reassessing and refining the SOMA Community Stabilization Fund Strategic Plan. Resolution No. 162-11 ADOPTED by the following vote:

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

Noes: None

110147 [General Plan Amendment - Mission District Streetscape Plan] Ordinance amending the San Francisco General Plan by amending Policy 5.3.7 of the Mission Area Plan to reflect the adoption of the Mission District Streetscape Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Planning Commission) PASSED, ON FIRST READING 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. Motion No. M11-53 Supervisor Kim, seconded by Supervisor Chu, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

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 Kim, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

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 Kim, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

110308 [Affirming the Exemption Determination - 1653 Grant Street] Motion affirming the determination by the Planning Department that the project located at 1653 Grant Street is exempt from environmental review. (Clerk of the Board) Motion No. M11-54 Supervisor Chiu, seconded by Supervisor Avalos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Mar, Mirkarimi

110309 [Reversing the Exemption Determination - 1653 Grant Street] Motion reversing the determination by the Planning Department that the 1653 Grant Street project is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar, Mirkarimi

110310 [Preparation of Findings to Reverse the Exemption Determination - 1653 Grant Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 1653 Grant Street is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar, Mirkarimi

110410 [Opposing the Golden Gate National Recreation Area’s Currently Proposed Draft Off-Leash Policy and Supporting the On-Going Dialogue between GGNRA and San Francisco] Sponsors: Wiener; Avalos Resolution putting the San Francisco Board of Supervisors on record as opposing the Golden Gate National Recreation Area’s preferred alternatives for dog management. Supervisor Wiener, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to April 26, 2011. The motion carried by the following vote:

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

Noes: None

110420 [Closed Session - Pension, Health Care, and Retiree Health Care Reform] Sponsor: Chiu Motion for the Board of Supervisors to convene in closed session to consult with the Mayor and City's Labor Relations Negotiators for the purpose of reviewing the City's positions and the Mayor's instructions to the Negotiators relating to: (a) pension, health care, and retiree health care reform proposals, and the meet and confer process regarding wages, hours, benefits, and working conditions currently underway between the City and City employee bargaining units to address the costs associated with providing these benefits; and (b) pending labor negotiations with organizations representing employees in the two MOUs expiring June 30, 2011 (e.g., District Attorney Investigators Association and Committee on Interns and Residents), as well as the Unrepresented Ordinance. This closed session is permitted by Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). Motion No. M11-52 Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

LOSED SESSION The Board recessed at the hour of 2:42 p.m. to convene 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: Mayor Edwin M. Lee Steve Kawa, Mayor's Chief of Staff Greg Wagner, Mayor's Budget Director Micki Callahan, Director of Department of Human Resources Martin Gran, Director of Employee Relations Ben Rosenfield, Controller Cheryl Adams, Deputy City Attorney Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and Filed. RECONVENING OF THE BOARD The Board at the hour of 3:42 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 Mirkarimi, seconded by Supervisor Farrell, moved not 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

110416 [Supporting Upward Bound Project] Sponsors: Mirkarimi; Mar Resolution in support of the Upward Bound Project and affirming the City’s continuing need for such a program, urging the University of San Francisco (USF) to use its best efforts to maintain the Upward Bound Program on the USF Campus thereby assuring that Upward Bound retains its eligibility to receive Federal funds. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 168-11 ADOPTED City and County of San Francisco Page 312 Printed at 3:20 pm on 5/17/11 Board of Supervisors Meeting Minutes 4/12/2011 The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mirkarimi

110411 [Supporting California Assembly Bill 889 - Domestic Worker Bill of Rights] Sponsors: Avalos; Mar Resolution urging the California legislature and the Governor of California to pass Assembly Bill 889, the “Domestic Worker Bill of Rights,” as an expression of respect for the dignity and equality of domestic workers and the importance of the work they perform. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 163-11 ADOPTED by the following vote:

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

Noes: None

Absent: Mirkarimi