# Board of Supervisors Minutes: April 19, 2011 - Meeting date: 2011-04-19 - Document type: minutes - Source format: PDF - Extracted pages: 16 - [Canonical HTML transcript](https://sfbos.info/documents/2079/2011-04-19-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m041911.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110223: Public Works Code - Waiver of Street Encroachment Permit Fees - Stairway Improvements on 48th Avenue at Balboa Street - Pages: 2-3 - Sponsors: Mar ### File 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 - Pages: 3 - Sponsors: Campos ### File 100913: Liquor License - 620 Treat Avenue - Pages: 3 ### File 110160: Accept and Expend Grant - Arelious Walker Drive Stairway Improvement Project - $1,109,000 - Pages: 3 - Sponsors: Cohen ### File 110177: Liquor License Transfer - 803-805 Howard Street - Pages: 3-4 ### File 110178: Liquor License - 863 Mission Street - Pages: 4 ### File 110338: Accept and Expend Grant - Palace of Fine Arts Parking Mitigation Project - Not to Exceed $1,000,000 - Pages: 4 - Sponsors: Farrell ### File 110147: General Plan Amendment - Mission District Streetscape Plan - Pages: 4 ### File 110247: Acceptance of Easement - Stanislaus County - San Joaquin Pipeline System Project - Pages: 4-5 ### File 110382: Appointments - Urban Forestry Council - J. Malcolm Hillan and Megan Sutherland - Pages: 5 ### File 110389: Appointments, In-Home Supportive Services Public Authority - Mike Boyd and Alice Wong - Pages: 5-6 - Vote 1: approval, likely final - Action: 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 ### File 110155: Business and Tax Regulations Code - Payroll Expense Tax Exclusion in Central Market Street and Tenderloin Area - Pages: 6 - Sponsors: Mayor; Kim, Chiu, Farrell, Cohen, Wiener and Chu - Vote 1: final-passage, likely final - Action: 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 ### File 110225: Park Code - Botanical Garden Non-Resident Fees - Pages: 6-7 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: 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 ### File 110153: Administrative Code - Residential Rent Ordinance - Temporary Good Samaritan Occupancy/Reduced Rent After Emergency Tenant Dislocation, Just Cause Eviction or Higher Rent at End of Period - Pages: 7 - Sponsors: Wiener; Farrell and Chiu - Vote 1: first-reading - Action: 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 ### File 110373: Public Hearing - Conditional Use Appeal - 1268 Lombard Street - Pages: 8 - Vote 1: continuance - Action: 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 - Absent: Mar ### File 110374: Approving Planning Commission Decision Related to Conditional Use Application - 1268 Lombard Street - Pages: 8 - Vote 1: continuance - Action: 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 - Absent: Mar ### File 110375: Disapproving Planning Commission Decision Related to Conditional Use Application - 1268 Lombard Street - Pages: 8-9 - Vote 1: continuance - Action: 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 - Absent: Mar ### File 110376: Preparation of Findings Related to the Conditional Use Application - 1268 Lombard Street - Pages: 9 - Vote 1: continuance - Action: 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 - Absent: Mar ### File 110440: Armenian Genocide Commemoration Day - April 24, 2011 - Pages: 9 - Sponsors: Elsbernd; Chiu ### File 110441: Extension of 90 Days for Planning Commission Review - 2301 Market Street - Pages: 9-10 - Sponsors: Wiener ### File 110445: Supporting California Assembly Bill 877 - Non-Felony Vehicle Code Violations - Pages: 10 - Sponsors: Mirkarimi ### File 110403: Committee of the Whole - Redevelopment Right-of-Way Improvements - Arelious Walker Drive Stairway - Pages: 10 - Sponsors: Cohen ### File 110406: Committee of the Whole - Redevelopment Improvements - Bayview Opera House and Plaza - Pages: 10 - Sponsors: Cohen - Vote 1: approval, likely final - Action: 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 ### File 110462: Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Stock-Based Compensation - Pages: 11 - Sponsors: Farrell ### File 110463: Memorandum of Understanding - Committee of Interns and Residents - Pages: 11 - Sponsors: Mayor ### File 110464: Construction Management Services Agreement Amendment - Laguna Honda Hospital Replacement Program - $16,196,764 - Pages: 11 - Sponsors: Elsbernd ### File 110465: U.S. Department of Housing and Urban Development Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnerships Grant Applications for 2011-2012 - Pages: 11-12 - Sponsors: Mayor ### File 110466: Supporting the Creation of the Health Information Exchange - Pages: 12 - Sponsors: Chiu; Campos ### File 110467: Accept and Expend Grant - Jefferson Street Redesign - $65,000 - Pages: 12 - Sponsors: Chiu ### File 110468: Supporting SB 729 - California Homeowner Protection Act - Pages: 12 - Sponsors: Mirkarimi; Cohen and Campos ### File 110469: Building Safety Month - May 2011 - Pages: 12 - Sponsors: Wiener ### File 110470: Hearing - MTA Climate Action Plan - Pages: 12 - Sponsors: Chiu ### File 110471: Hearing - SFUSD Budget Update for FY2011-2012 - Pages: 12 - Sponsors: Cohen ### File 110472: Hearing - Housing on Transbay Terminal - Pages: 12-13 - Sponsors: Kim ### File 110424: Report of Assessment Costs for Blighted Properties - Pages: 13-16 ## Extracted text ### [Page 1](https://sfbos.info/documents/2079/2011-04-19-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, April 19, 2011 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, ROSS MIRKARIMI, SCOTT WIENER Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Chu, Mirkarimi, Kim, Wiener, Chiu 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Chu, Mirkarimi, Kim 10:00 AM City and School District Select Committee 2nd and 4th Thursday Supervisors Cohen, Avalos, Chu, Fewer, Maufas, Norton 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Avalos, Mar, Elsbernd 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Campos, Farrell, Chiu 10:00 AM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Mirkarimi, Cohen, Campos 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Elsbernd, Farrell 1:30 PM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 106 Number 18 ### [Page 2](https://sfbos.info/documents/2079/2011-04-19-minutes#page-2) Board of Supervisors Meeting Minutes 4/19/2011 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Ross Mirkarimi, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:08 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Campos, moved to approve the Board Meeting Minutes of March 15, 2011, and Special Board Meeting Minutes of March 15, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Sub-Committee 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. Ordinance No. 69-11 FINALLY PASSED City and County of San Francisco Page 327 Printed at 9:18 am on 5/25/11 ### [Page 3](https://sfbos.info/documents/2079/2011-04-19-minutes#page-3) Board of Supervisors Meeting Minutes 4/19/2011 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. Ordinance No. 71-11 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 100913 [Liquor License - 620 Treat Avenue] Resolution determining that the issuance of a Type 75 on-sale general brew-pub liquor license to Anthony LaVia for Southern Pacific Brewing, LLC, located at 620 Treat Avenue (District 9), will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. (Clerk of the Board) Resolution No. 169-11 ADOPTED 110160 [Accept and Expend Grant - Arelious Walker Drive Stairway Improvement Project - $1,109,000] Sponsor: Cohen Resolution authorizing the Department of Public Works to accept and expend a federal grant in the amount of $1,109,000 from the Metropolitan Transportation Commission for the Arelious Walker Drive Stairway Improvement Project. Resolution No. 170-11 ADOPTED 110177 [Liquor License Transfer - 803-805 Howard Street] Resolution determining that the transfer of a Type 21 off-sale general license from 220 4th Street to 803-805 Howard Street (District 6) to Anuar I. Abuarafeh for A-Z Market, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. (Clerk of the Board) Resolution No. 171-11 ADOPTED City and County of San Francisco Page 328 Printed at 9:18 am on 5/25/11 ### [Page 4](https://sfbos.info/documents/2079/2011-04-19-minutes#page-4) Board of Supervisors Meeting Minutes 4/19/2011 110178 [Liquor License - 863 Mission Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Jeremy Ogor for Artist Ally, dba Bar Madira, located at 863 Mission Street (District 6), will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. (Clerk of the Board) Resolution No. 172-11 ADOPTED 110338 [Accept and Expend Grant - Palace of Fine Arts Parking Mitigation Project - Not to Exceed $1,000,000] Sponsor: Farrell Resolution authorizing the San Francisco Recreation and Park Department to retroactively accept and expend a grant administered by the San Francisco County Transportation Authority in the amount not to exceed $1,000,000 for the Palace of Fine Arts Parking Mitigation Project. Resolution No. 174-11 ADOPTED Recommendations of the Land Use and Economic Development Committee 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) Ordinance No. 67-11 FINALLY PASSED 110247 [Acceptance of Easement - Stanislaus County - San Joaquin Pipeline System Project] Resolution approving and authorizing an acceptance of an Easement Deed for a perpetual exclusive easement for the installation, construction, operation, inspection, maintenance, repair, and replacement of water pipelines, utilities and related appurtenances in the real property, being a portion of River Road, located in Stanislaus County, required for the San Joaquin Pipeline System Project No. CUW37301; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 173-11 ADOPTED City and County of San Francisco Page 329 Printed at 9:18 am on 5/25/11 ### [Page 5](https://sfbos.info/documents/2079/2011-04-19-minutes#page-5) Board of Supervisors Meeting Minutes 4/19/2011 Recommendations of the Rules Committee 110382 [Appointments - Urban Forestry Council - J. Malcolm Hillan and Megan Sutherland] Motion appointing J. Malcolm Hillan and Megan Sutherland, to the Urban Forestry Council, terms ending November 18, 2012. (Clerk of the Board) J. Malcolm Hillan, seat 1, succeeding himself, term expired, must represent an educational organization involved with tree management (University of California Cooperative Extension, etc.,) for the unexpired portion of a two-year term ending November 18, 2012. Megan Sutherland, seat 3, succeeding Jocelyn Cohen, resigned, 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. Motion No. M11-56 APPROVED 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 330 Printed at 9:18 am on 5/25/11 ### [Page 6](https://sfbos.info/documents/2079/2011-04-19-minutes#page-6) Board of Supervisors Meeting Minutes 4/19/2011 REGULAR AGENDA UNFINISHED BUSINESS From the Budget and Finance Sub-Committee Without Recommendation 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: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Noes: 3 - Avalos, Campos, Mirkarimi From the Budget and Finance Committee Without Recommendation 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: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener Noes: 5 - Avalos, Campos, Kim, Mar, Mirkarimi City and County of San Francisco Page 331 Printed at 9:18 am on 5/25/11 ### [Page 7](https://sfbos.info/documents/2079/2011-04-19-minutes#page-7) Board of Supervisors Meeting Minutes 4/19/2011 NEW BUSINESS Recommendation of the Land Use and Economic Development Committee 110153 [Administrative Code - Residential Rent Ordinance - Temporary Good Samaritan Occupancy/Reduced Rent After Emergency Tenant Dislocation, Just Cause Eviction or Higher Rent at End of Period] Sponsors: Wiener; Farrell and Chiu Ordinance amending Administrative Code Chapter 37 Residential Rent Arbitration and Stabilization Ordinance, by amending Sections 37.2(a) and 37.9 to provide for temporary Good Samaritan occupancy with reduced rent rate and, upon expiration of the temporary 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Supervisor Mar was noted absent for the remainder of the meeting. Privilege of the Floor Supervisor Campos, seconded by Supervisor Cohen, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Absent: 1 - Mar Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to Mia Too Much in recognition of her accomplishments and continued community support. City and County of San Francisco Page 332 Printed at 9:18 am on 5/25/11 ### [Page 8](https://sfbos.info/documents/2079/2011-04-19-minutes#page-8) Board of Supervisors Meeting Minutes 4/19/2011 SPECIAL ORDER 4:00 P.M. 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Absent: 1 - Mar The President CONTINUED the Hearing open to May 3, 2011. 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Absent: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Absent: 1 - Mar City and County of San Francisco Page 333 Printed at 9:18 am on 5/25/11 ### [Page 9](https://sfbos.info/documents/2079/2011-04-19-minutes#page-9) Board of Supervisors Meeting Minutes 4/19/2011 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: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Absent: 1 - Mar ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed various concerns. Eugene Gordon, Jr.; expressed various concerns. Dale Seymour; expressed concerns relating to City's infrastructure. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 110440 [Armenian Genocide Commemoration Day - April 24, 2011] Sponsors: Elsbernd; Chiu Resolution declaring April 24, 2011, as Armenian Genocide Commemoration Day in San Francisco. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 175-11 ADOPTED 110441 [Extension of 90 Days for Planning Commission Review - 2301 Market Street] Sponsor: Wiener Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would amend Planning Code by amending Sectional Map HT07 of the Zoning Map of the City and County of San Francisco to: rezone the property located at 2301 Market Street on the corner of Market and Noe Streets from a 50-X height and bulk limit to a 65-X height and bulk limit; making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Resolution No. 176-11 ADOPTED City and County of San Francisco Page 334 Printed at 9:18 am on 5/25/11 ### [Page 10](https://sfbos.info/documents/2079/2011-04-19-minutes#page-10) Board of Supervisors Meeting Minutes 4/19/2011 110445 [Supporting California Assembly Bill 877 - Non-Felony Vehicle Code Violations] Sponsor: Mirkarimi Resolution supporting Assembly Bill 877, which would remove one of the major barriers to self sufficiency for formerly incarcerated people by increasing their chances of obtaining a drivers license. Resolution No. 177-11 ADOPTED 110403 [Committee of the Whole - Redevelopment Right-of-Way Improvements - Arelious Walker Drive Stairway] 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 in an amount not to exceed $61,500 for contract administration, construction bid management, and project closeout for City owned public right-of-way improvements for the Arelious Walker Drive Stairway in the Bayview Hunters Point Redevelopment Project Area. Motion No. M11-58 APPROVED 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: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener IMPERATIVE AGENDA There were no items. City and County of San Francisco Page 335 Printed at 9:18 am on 5/25/11 ### [Page 11](https://sfbos.info/documents/2079/2011-04-19-minutes#page-11) Board of Supervisors Meeting Minutes 4/19/2011 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 110462 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Stock-Based Compensation] Sponsor: Farrell Ordinance amending the San Francisco Business and Tax Regulations Code, Article 12-A, by adding Section 906.5 to establish a payroll expense tax exclusion for stock-based compensation and amending Section 902.1 to remove stock options from the definition of Payroll Expense. 04/19/11; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 5/19/2011. 110463 [Memorandum of Understanding - Committee of Interns and Residents] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Committee of Interns and Residents effective July 1, 2011, through June 30, 2014. 04/19/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Resolutions 110464 [Construction Management Services Agreement Amendment - Laguna Honda Hospital Replacement Program - $16,196,764] Sponsor: Elsbernd Resolution authorizing the Director of Public Works to execute an amendment to the Construction Management Services Agreement with Cooper Pugeda Management, Inc., for the Laguna Honda Hospital Replacement Program changing the amount from $15,303,429 to $16,196,764. (Fiscal Impact.) 04/19/11; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 110465 [U.S. Department of Housing and Urban Development Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnerships Grant Applications for 2011-2012] Sponsor: Mayor Resolution authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for the 2011-2012 entitlement allocations for the Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnerships Program from the U.S. Department of Housing and Urban Development. 04/19/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 336 Printed at 9:18 am on 5/25/11 ### [Page 12](https://sfbos.info/documents/2079/2011-04-19-minutes#page-12) Board of Supervisors Meeting Minutes 4/19/2011 110466 [Supporting the Creation of the Health Information Exchange] Sponsors: Chiu; Campos Resolution supporting the creation of the Health Information Exchange in the City and County of San Francisco. 04/19/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110467 [Accept and Expend Grant - Jefferson Street Redesign - $65,000] Sponsor: Chiu Resolution authorizing the San Francisco Planning Department to retroactively accept and expend a grant in the amount of $65,000 from the Association of Bay Area Governments for the period April 1, 2011, through January 1, 2012, in order to complete 30% design documents for the redesign of Jefferson Street from Powell Street to Hyde Street. 04/19/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110468 [Supporting SB 729 - California Homeowner Protection Act] Sponsors: Mirkarimi; Cohen and Campos Resolution supporting Senate Bill 729, “The California Homeowner Protection Act.” 04/19/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110469 [Building Safety Month - May 2011] Sponsor: Wiener Resolution proclaiming May 2011 as “Building Safety Month” in the City and County of San Francisco. 04/19/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 110470 [Hearing - MTA Climate Action Plan] Sponsor: Chiu Hearing on the Municipal Transportation Agency's Climate Action Plan mandated by the Charter. 04/19/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 110471 [Hearing - SFUSD Budget Update for FY2011-2012] Sponsor: Cohen Hearing on the proposed FY2011-2012 budget for the San Francisco Unified School District. 04/19/11; RECEIVED AND ASSIGNED to City and School District Select Committee. 110472 [Hearing - Housing on Transbay Terminal] Sponsor: Kim Hearing on the protocol and procedure to assist in housing for the homeless in the Transbay Terminal presented by the Human Service Agency. 04/19/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 337 Printed at 9:18 am on 5/25/11 ### [Page 13](https://sfbos.info/documents/2079/2011-04-19-minutes#page-13) Board of Supervisors Meeting Minutes 4/19/2011 Introduced by the President at the Request of a Department PROPOSED RESOLUTION 110424 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Chapter 80 of the Administrative Code, the costs thereof having been paid for out of a blight abatement fund. 04/07/11; ASSIGNED to Board of Supervisors. City and County of San Francisco Page 338 Printed at 9:18 am on 5/25/11 ### [Page 14](https://sfbos.info/documents/2079/2011-04-19-minutes#page-14) Board of Supervisors Meeting Minutes 4/19/2011 Requests Granted From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 600 Divisadero 616 Divisadero 542 Haight 418 Haight 400 Duboce 546 Haight 902 Divisadero 507 Divisadero 333 Haight 295 Buchanan 587 Haight 399 Haight, on the Webster side 799 Haight 798 Haight 860 McAllister 746 Divisadero 55 Laguna, on Haight & Buchanan side From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southwest corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irvine and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough City and County of San Francisco Page 339 Printed at 9:18 am on 5/25/11 ### [Page 15](https://sfbos.info/documents/2079/2011-04-19-minutes#page-15) Board of Supervisors Meeting Minutes 4/19/2011 Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations: Garbage Cans Northeast corner of Waller and Fillmore Southeast corner of Page and Fillmore Southwest corner of McAllister and Baker Northeast corner of Hayes and Fillmore Southeast corner of McAllister and Buchanan Mailboxes Northeast corner of Buchanan and Fell Northeast corner of Haight and Buchanan From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following public property locations: Utility Boxes Southeast corner of Buchanan and Fell Northeast corner of Lindell and Buchanan Southwest corner of Arguello and Hugo Bus Shelters Southwest corner of Buchanan and Haight Southeast corner of Buchanan and Hayes Northeast corner of Divisadero and McAllister Northeast corner of Hayes and Fillmore Southwest corner of Haight and Pierce Northwest corner of McAllister and Fillmore Fillmore and Haight (all 4 bus stops along with canopies have graffiti and grime) Fire Hydrant Northeast corner of Broderick and Fulton Southeast corner of Scott and Oak Emergency Boxes Southeast corner of Medical entry way and Parnassus Northeast corner of Fillmore and McAllister From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Pole Southwest corner of Haight and Buchanan In front of 252 Fillmore City and County of San Francisco Page 340 Printed at 9:18 am on 5/25/11 ### [Page 16](https://sfbos.info/documents/2079/2011-04-19-minutes#page-16) Board of Supervisors Meeting Minutes 4/19/2011 In front of 242 Fillmore In front of 1057 Cole Wood Pole Southwest corner of Webster and Page In front of 700 Fillmore In front of 340 Hayes From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: Potholes, Lights and Sidewalk issues Western crosswalk at Grattan and Shrader Intersection of Willard and Parnassus Intersection of Fulton and Broderick In Memoriams Eli Golvin-Klein – Pres. David Chiu and Supervisors Eric Mar and Scott Wiener Thomas C. Holleran – Supervisor Campos Melanio Duarte – Supervisor John Avalos Ann M. Merrill – Supervisors Mark Farrell and Sean Elsbernd Joe D. Johnson – Supervisor Malia Cohen Elliott Wayne Davis – Supervisor Malia Cohen Martha Louise Coffer – Supervisor Malia Cohen Richard Tuck – Supervisor Carmen Chu ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:04 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on May 24, 2011. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 341 Printed at 9:18 am on 5/25/11