Board of Supervisors Minutes: June 14, 2011

110312 [Zoning Map Amendment - 701 Lombard Street] Sponsors: Chiu; Mayor Ordinance amending the San Francisco Zoning Map, by amending the zoning designation for 701 Lombard Street (Assessor's Block No. 74, Lot No. 01) from North Beach Neighborhood Commercial District and 40-X Height and Bulk District to "P" (Public) and "OS" Open Space Height and Bulk District for the new North Beach Public Library or other public use and for purposes of consistency with the adjacent Public and Open Space zoning designation of the Joe DiMaggio Playground; amending the Zoning Map to remove 701 Lombard Street and 2000 Mason Street (Assessor's Block No. 75, Lot No. 01) from the Telegraph Hill - North Beach Residential Special Use District and to remove 701 Lombard Street from the North Beach Special Use District; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Ordinance No. 102-11 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

110561 [Accept and Expend - Emergency Shelter Grants Program - $1,026,169] Sponsors: Mayor; Cohen Resolution approving the FY2011-2012 Emergency Shelter Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2011-2012 Emergency Shelter Grants Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,253,445 and to expend Reprogrammed Funds in the amount of $124,000. Supervisor Cohen, seconded by Supervisor Chu, moved that this Resolution 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

Resolution approving the FY2011-2012 Emergency Shelter Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2011-2012 Emergency Shelter Grants Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $902,146 and to expend Reprogrammed Funds in the amount of $124,023. Resolution No. 260-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None

110562 [Accept and Expend - Community Development Block Grant - $20,620,744] Sponsors: Mayor; Cohen Resolution approving the FY2011-2012 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2011-2012 Community Development Block Grant Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $18,583,517 and to expend Program Income and Reprogrammed Funds in the amount of $1,966,471. Supervisor Cohen, seconded by Supervisor Chu, moved that this Resolution 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

Resolution approving the FY2011-2012 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2011-2012 Community Development Block Grant Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $18,583,910 and to expend Program Income and Reprogrammed Funds in the amount of $2,036,834. Resolution No. 262-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None

110563 [Accept and Expend Grant - HOME Program - $8,006,360] Sponsors: Mayor; Cohen Resolution approving the FY2011-2012 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2011-2012 HOME Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $7,576,727, and to expend Program Income in the amount of $430,000. Supervisor Cohen, seconded by Supervisor Chu, moved that this Resolution 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

Resolution approving the FY2011-2012 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2011-2012 HOME Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $7,576,360 and to expend Program Income in the amount of $430,000. Resolution No. 261-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None

110554 [Water Revenue Bond Issuance - Not to Exceed $49,100,000] Sponsor: Chu Ordinance approving the issuance and sale of water revenue bonds by the San Francisco Public Utilities Commission in an amount not to exceed $49,100,000 to finance improvements to the CUW260 Water Main, the Commission’s Hetch Hetchy Water and Power System and the Treasure Island Project, pursuant to amendments to the Charter of the City and County of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) Ordinance No. 100-11 FINALLY PASSED by the following vote:

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

Noes: None

110397 [General Plan Amendments - 2009 Housing Element Update] Ordinance amending the San Francisco General Plan by adopting the 2009 Housing Element as the Housing Element of the San Francisco General Plan; making findings, including environmental findings and findings of consistency with the General Plan and the eight priority policies of the Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote:

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

Noes: Chu, Elsbernd, Farrell

110228 [General Plan Amendments - Treasure Island/Yerba Buena Island Development Project] Sponsor: Mayor Ordinance amending the San Francisco General Plan by amending the Commerce and Industry Element, Community Facilities Element, Housing Element, Recreation and Open Space Element, Transportation Element, Urban Design Element, and Land Use Index, maps and figures in various elements, and by adopting and adding the Treasure Island/Yerba Buena Island Area Plan, in order to facilitate the development of Treasure Island/Yerba Buena Island as endorsed by the Board of Supervisors and the Mayor in 2006 and updated in 2010, and envisioned in the Treasure Island/Yerba Buena Island Development Agreement, adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Economic Impact.) Ordinance No. 97-11 FINALLY PASSED by the following vote:

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

Noes: None

110229 [Planning Code - Zoning - Treasure Island/Yerba Buena Island - Special Use District] Sponsor: Mayor Ordinance amending the San Francisco Planning Code by amending Sections 102.5 and 201 to include the Treasure Island/Yerba Buena Island districts; amending Section 105 relating to height and bulk limits for Treasure Island/Yerba Buena Island; adding Section 249.52 to establish the Treasure Island/Yerba Buena Island Special Use District; adding Section 263.26 to establish the Treasure Island/Yerba Buena Island Height and Bulk District; amending the bulk limits table associated with Section 270 to refer to the Treasure Island/Yerba Buena Island Height and Bulk District; and adopting findings, including environmental findings, and findings of consistency with the General Plan and Planning Code Section 101.1. Ordinance No. 98-11 FINALLY PASSED by the following vote:

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

Noes: None

110227 [Zoning Map Amendment - Treasure Island/Yerba Buena Island Development Project] Sponsor: Mayor Ordinance amending the Zoning Map of the City and County of San Francisco by adding new Sectional Map ZN14 to show the zoning designations of Treasure Island/Yerba Buena Island; adding new Sectional Map HT14 to establish the Height and Bulk District for Treasure Island/Yerba Buena Island; adding new Sectional Map SU14 to establish the Treasure Island/Yerba Buena Island Special Use District; and adopting findings, including environmental findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Economic Impact.) Ordinance No. 96-11 FINALLY PASSED by the following vote:

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

Noes: None

110230 [Subdivision Code - Treasure Island/Yerba Buena Island] Sponsor: Mayor Ordinance amending the San Francisco Subdivision Code to add Division 4 pertaining to the subdivision process applicable to development within the Treasure Island/Yerba Buena Island Project Site described in the Development Agreement between the City and County of San Francisco and Treasure Island Community Development, LLC, relative to Naval Station Treasure Island, including the establishment of a procedure for reviewing and filing vesting tentative transfer maps; and making environmental findings. Ordinance No. 99-11 FINALLY PASSED by the following vote:

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

Noes: None

110226 [Development Agreement - Treasure Island/Yerba Buena Island] Sponsor: Mayor Ordinance approving a Development Agreement between the City and County of San Francisco and Treasure Island Community Development, LLC, for certain real property located within Treasure Island/Yerba Buena Island; exempting certain sections of Administrative Code Chapter 6, Chapter 14B and Chapter 56; and adopting findings, including findings under the California Environmental Quality Act, findings of consistency with the City’s General Plan and with the Eight Priority Policies of Planning Code Section 101.1(b), and findings relating to the formation of infrastructure financing districts. (Fiscal Impact, Economic Impact.) Ordinance No. 95-11 FINALLY PASSED by the following vote:

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

Noes: None

110316 [Street Vacation Order - Joe DiMaggio Playground Master Plan - Mason Street] Sponsors: Mayor; Chiu Ordinance ordering the vacation of the one block portion of Mason Street between Lombard Street and Columbus Avenue for purposes of the North Beach Public Library and Joe DiMaggio Playground Master Plan, subject to certain conditions; accepting a Department of Public Works work order; approving an interdepartmental transfer of the area to be vacated from the Department of Public Works to the Recreation and Park Department at the time the vacation is final and effective; making environmental findings and findings of consistency with the City's General Plan and Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. Ordinance No. 101-11 FINALLY PASSED by the following vote:

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

Noes: None

110335 [Campaign and Governmental Conduct Code - Gift Restrictions] Sponsor: Cohen Ordinance amending the San Francisco Campaign and Governmental Conduct Code, Section 3.216 to: 1) prohibit loans from restricted sources and subordinates; and 2) modify the reporting requirements for elected officials receiving gifts of travel. Ordinance No. 107-11 FINALLY PASSED by the following vote:

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

Noes: None

101350 [Planning Code - Zoning - Parking in South of Market and Mission Bay Districts] Sponsor: Kim Ordinance amending the San Francisco Planning Code by amending Sections 151, 151.1, 155, 161, 249.1, and 249.23 to: 1) remove minimum parking requirements and establish maximum parking limits in M-1, C-M, and South of Market districts and the Folsom and Main Residential/Commercial and Fourth and Freelon Streets Special Use Districts to make them consistent with those of neighboring districts; 2) require that non-residential and non-hotel parking in C-3 in the South of Market Mixed Use districts adjacent to Downtown maintain a fee structure which discourages long-term commuter parking; and 3) 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

110530 [Changing the Official Sidewalk Width - Harrison Street] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” by adding thereto Section 1589 to change the official sidewalk width on south side of Harrison Street between Fremont and Beale Streets; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110658 [Planning Code - Zoning Map - Presidio-Sutter Special Use District - 800 Presidio Avenue] Sponsors: Mirkarimi; Mar and Avalos Ordinance amending the San Francisco Planning Code by adding Section 259.53 to establish the Presidio-Sutter Special Use District for property located at 800 Presidio Avenue (Assessor's Block No. 1073, Lot No. 13); amending Sheet HT03 of the Zoning Map to change the Height and Bulk District from 40-X to 55-X; and amending Sheet SU-03 of the Zoning Map to reflect the boundaries of the Presidio-Sutter Special Use District; 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. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to June 21, 2011. The motion carried by the following vote:

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

Noes: None

110556 [Western SoMa Community Stabilization Policy] Sponsor: Kim Resolution urging the Planning Commission to incorporate into the Western SoMa Community Plan the policies and objectives of the Western SoMa Community Stabilization Policy adopted by the Western SoMa Citizens Planning Task Force. Supervisor Kim, seconded by Supervisor Avalos, moved that this Resolution 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

Supervisors Campos and Chiu requested to be added as co-sponsors. Resolution No. 264-11 ADOPTED AS AMENDED by the following vote:

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

Noes: None

110588 [Appointment, Police Commission - L. Julius Turman] Motion confirming the Rules Committee's nomination of, and appointing, L. Julius Turman, term ending April 30, 2015, to the Police Commission. (Clerk of the Board) (Supervisor Kim dissented in Committee.) Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be AMENDED, on Page 1, Line 1, by replacing L. Julius Turman with David Waggoner; on Line 7, by replacing L. Julius Turman with David Waggoner; on Line 10, by replacing L. Julius Turman with David Waggoner. The motion FAILED by the following vote:

Ayes: Avalos, Kim, Mar, Mirkarimi

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

Motion No. M11-100 APPROVED by the following vote:

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

Noes: None

110675 [Public Hearing - Certification of a Final Environmental Impact Report Appeal - Booker T. Washington Community Center - 800 Presidio Avenue Mixed-Use Project] Hearing of persons interested in or objecting to the Planning Commission's decision, dated April 28, 2011, the Certification of a Final Environmental Impact Report identified as Planning Case No. 2006.0868E, by its Motion No. 18340, for the proposed Booker T. Washington Community Center Mixed-Use Project located at 800 Presidio Avenue. (District 2) (Appellant: Stephen M. Williams). (Filed May 18, 2011; Companion to File Nos. 110676, 110677, 110678.) 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 Mirkarimi, seconded by Supervisor Avalos, moved that this Hearing be CONTINUED to June 21, 2011. The motion carried by the following vote:

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

Noes: None

110676 [Affirming the Certification of the Final Environmental Impact Report - 800 Presidio Avenue Mixed-Use Project] Motion affirming the Planning Commission's certification of the Final Environmental Impact Report for the 800 Presidio Avenue (Booker T. Washington Community Center) Mixed-Use Project. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to June 21, 2011. The motion carried by the following vote:

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

Noes: None

110677 [Reversing the Certification of the Final Environmental Impact Report - 800 Presidio Avenue Mixed-Use Project] Motion reversing the Planning Commission's certification of the Final Environmental Impact Report for the 800 Presidio Avenue (Booker T. Washington Community Center) Mixed-Use Project. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to June 21, 2011. The motion carried by the following vote:

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

Noes: None

110678 [Preparation of Findings to Reverse the Certification of the Final Environmental Impact Report - 800 Presidio Avenue Mixed-Use Project] Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission's certification of the Final Environmental Impact Report for the 800 Presidio Avenue (Booker T. Washington Community Center) Mixed-Use Project. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to June 21, 2011. The motion carried by the following vote:

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

Noes: None

110059 [Cooperative Agreement - San Francisco Bay Area Rapid Transit District] Sponsor: Chiu Resolution approving a Cooperative Agreement between the City and County of San Francisco and the San Francisco Bay Area Rapid Transit District (BART), through its Port Commission, authorizing BART to install, use, and maintain security barriers on and under the Ferry Plaza Platform, on the east side of the Ferry Building along the Embarcadero, for a term of 66 years, subject to BART’s right to request an extension before the end of the 64th year of the term. Resolution No. 252-11 ADOPTED by the following vote:

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

Noes: None

110662 [Multifamily Housing Revenue Note in an Amount Not to Exceed $41,000,000 and Various Agreements - Hunters View] Sponsor: Cohen Resolution authorizing the execution and delivery of a multifamily housing revenue note, as defined herein, in an aggregate principal amount not to exceed $41,000,000 for the purpose of providing financing for a multifamily rental housing project; approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the note; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a borrower loan agreement; ratifying and approving any action heretofore taken in connection with the note and the project; granting general authority to City officials to take actions necessary to implement this resolution; and related matters. Resolution No. 251-11 ADOPTED by the following vote:

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

Noes: None

110733 [Withdrawing Charter Amendment - Compensation of Board of Education] Sponsors: Kim; Elsbernd Motion withdrawing, pursuant to San Francisco Municipal Elections Code, Section 370(a), the Charter Amendment previously ordered submitted by the Board of Supervisors entitled "Compensation of Board of Education Members." Supervisor Elsbernd requested to be added as a co-sponsor. Motion No. M11-101 APPROVED City and County of San Francisco Page 533 Printed at 2:37 pm on 7/19/11 Board of Supervisors Meeting Minutes 6/14/2011 The foregoing items were acted upon by the following vote:

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

Noes: None

110584 [Commending International Business Machines Corporation on its Centennial Year and Global Day of Service] Sponsors: Farrell; Cohen and Kim Resolution commending International Business Machines Corporation (IBM) on its Centennial in 2011 and its Global Day of Service. The President inquired as to whether any member of the public wished to address the Board relating to global day service and IBM's Centennial in 2011 as referenced in File No. 110584. There were no speakers. The President declared public comment closed. Supervisors Cohen and Kim requested to be added as a co-sponsors. Resolution No. 263-11 ADOPTED by the following vote:

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

Noes: None