Board of Supervisors Minutes: April 19, 2011

110389 [Appointments, In-Home Supportive Services Public Authority - Mike Boyd and Alice Wong] Motion appointing Mike Boyd and Alice Wong, to the In-Home Supportive Services Public Authority, terms ending March 1, 2014. (Clerk of the Board) Mike Boyd, seat 1, succeeding himself, term expired, must be a consumer over the age of 55 years, authorized to represent organizations that advocate for aging people with disabilities, for the unexpired portion of a three-year term ending March 1, 2014. Alice Wong, seat 13, succeeding herself, term expired, must be a consumer at-large who is 18 years of age or older, for the unexpired portion of a three-year term ending March 1, 2014. Motion No. M11-57 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

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.) Ordinance No. 68-11 FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Mirkarimi

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 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. (Fiscal Impact.) Ordinance No. 70-11 FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Kim, Mar, Mirkarimi

ry Good Samaritan Status, to provide that the landlord may either evict the tenant for just cause or increase the rent to a previously agreed base rent rate; Section 37.2 by adding Subsection 37.2(a)(1)(D) to permit creation of temporary Good Samaritan Status when a landlord and new tenant agree in writing for the tenant to commence occupancy following an emergency such as fire, earthquake, landslide or similar emergency situation that required unexpected vacation of the tenant's previous unit, and the agreement includes a reduced rent rate for a specified period of time up to twelve (12) months, which may be extended for a combined total of no more than twenty-four (24) months; Good Samaritan Status may be utilized only upon written certification by a specified City Official, that identifies the emergency and the resulting unit vacation on grounds of public health, safety, and habitability; and Section 37.9 by adding Subsection 37.9(a)(16) to permit eviction for just cause upon expiration of the Original Good Samaritan Status period plus any Extended Good Samaritan Status Period. Supervisor Chiu requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110373 [Public Hearing - Conditional Use Appeal - 1268 Lombard Street] Hearing of persons interested in or objecting to the decision of the Planning Commission's February 17, 2011, Conditional Use Authorization identified as Planning Case No. 2009.1029C, by its Motion No. 18279, under Planning Code Sections 209.1 and 303 to allow new construction of four dwelling units at a density ratio up to one dwelling unit for each 1,000 square feet of lot area in the RH-3 (Residential, House, Three-Family) District and the 40-X Height and Bulk District, on property located at 1268 Lombard Street, Lot No. 015 in Assessor’s Block No. 0500. (District 2) (Appellant: Marvin Frankel, on behalf of the Russian Hill Neighbors) (Filed March 21, 2011; Companion Measure to File Nos. 110374, 110375, and 110376.) 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 Farrell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to May 3, 2011. The motion carried by the following vote:

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

Noes: None

Absent: Mar

110374 [Approving Planning Commission Decision Related to Conditional Use Application - 1268 Lombard Street] Motion approving decision of the Planning Commission by its Motion No. 18279, approving Conditional Use Application No. 2009.1029C on property located at 1268 Lombard Street, and adopting findings pursuant to Planning Code Section 101.1. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to May 3, 2011. The motion carried by the following vote:

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

Noes: None

Absent: Mar

110375 [Disapproving Planning Commission Decision Related to Conditional Use Application - 1268 Lombard Street] Motion disapproving decision of the Planning Commission by its Motion No. 18279, approving Conditional Use Application No. 2009.1029C on property located at 1268 Lombard Street, and adopting findings pursuant to Planning Code Section 101.1. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to May 3, 2011. The motion carried by the following vote:

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

Noes: None

Absent: Mar

110376 [Preparation of Findings Related to the Conditional Use Application - 1268 Lombard Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2009.1029C on property located at 1268 Lombard Street. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to May 3, 2011. The motion carried by the following vote:

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

Noes: None

Absent: Mar

110406 [Committee of the Whole - Redevelopment Improvements - Bayview Opera House and Plaza] Sponsor: Cohen Motion scheduling the Board to sit as a Committee of the Whole on April 26, 2011, at 3 p.m., to hold a public hearing of the proposal of the Redevelopment Agency of the City and County of San Francisco on a Resolution to consider making certain findings pursuant to Health and Safety Code Section 33445 and consenting to the Redevelopment Agency of the City and County of San Francisco’s use of tax increment funds to provide: 1) a $400,000 grant to the San Francisco Arts Commission for structural, seismic and disabled-accessibility renovations to the Bayview Opera House; and 2) a $785,000 grant to the San Francisco Municipal Transportation Agency for Plaza improvements to the Bayview Opera House; in the Bayview Hunters Point Redevelopment Project Area. Motion No. M11-59 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