Board of Supervisors Minutes: September 6, 2011

110829 [Appointment, Mental Health Board - Lena Miller] Motion appointing Lena Miller, term ending January 31, 2013, to the Mental Health Board. (Clerk of the Board) Lena Miller, seat 15, succeeding Mary Ann Jones, must be a mental health professional, for the unexpired portion of a three-year term ending January 31, 2013. Motion No. M11-136 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

110622 [Administrative Code - Allowing Paid Administrative Leave in Certain Circumstances] Ordinance amending the San Francisco Administrative Code by adding Section 16.10 to allow the City and County of San Francisco to use time-limited paid administrative leave for its employees under certain circumstances. (Human Resources Department) Supervisor Campos, seconded by Supervisor Farrell, 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

City and County of San Francisco Page 732 Printed at 4:19 pm on 10/26/11 Board of Supervisors Meeting Minutes 9/6/2011 Ordinance amending the San Francisco Administrative Code by adding Section 16.17 to allow the City and County of San Francisco to use time-limited paid administrative leave for its employees under certain circumstances. (Human Resources Department) FINALLY PASSED AS AMENDED by the following vote:

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

Noes: None

110503 [Administrative Code - Regulating Overtime Available for City Employees] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code, Section 18.13.1 to limit the overtime worked in any fiscal year by any employee to 20% of regularly scheduled hours and to specify and modify written reports to be submitted regarding overtime information. Supervisor Elsbernd, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED ON FIRST READING to September 13, 2011. The motion carried by the following vote:

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

Noes: None

110506 [Police, Planning, and Business and Tax Regulations Codes - Limited Live Performance Permits] Sponsors: Mirkarimi; Wiener, Mar and Campos Ordinance amending the San Francisco Police Code Sections 2.26, 2.27, 1060, 1060.1, 1060.1-1, 1060.7.1, 1060.9, 1060.19, 1060.20.4, 1060.24, 1060.35, 2901, 2909, and 2916; adding to the San Francisco Police Code Sections 1060.2.1, 1060.3.1, 1060.5.1, 1060.38, and 1060.38.1; amending the San Francisco Planning Code Sections 102.17, 703.2, 790.38, 803.2, 803.3, and 890.37; and amending the San Francisco Business and Tax Regulations Code Section 8 to: 1) create a Limited Live Performance Permit for indoor locales whose primary function is not presentation of live performances, said permit to include noise and hours restrictions but not necessarily security plan requirements; 2) to specify application and license fees and hearing requirements for said permit; and 3) making 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. 172-11 FINALLY PASSED by the following vote:

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

Noes: None

101574 [Elections Code - E-mailing the Voter Information Pamphlet] Sponsor: Mirkarimi Ordinance amending the San Francisco Municipal Elections Code Section 500, and adding Section 502, to require the Director of Elections to establish a process that permits voters to choose to receive the San Francisco Voter Information Pamphlet and associated materials by electronic means instead of by paper mail. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110806 [Administrative Code - Deleting Outdated References to Telecommunications Commission] Ordinance repealing the San Francisco Administrative Code Section 11.84, thereby dissolving the Telecommunications Commission. (Clerk of the Board) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110809 [Administrative Code - Dissolving Drug Abuse and City-Wide Alcoholism Advisory Boards] Ordinance repealing the San Francisco Administrative Code Sections 15.17 and 15.19, thereby dissolving the Drug Abuse Advisory Board and the City-Wide Alcoholism Advisory Boards, respectively. (Clerk of the Board) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110807 [Dissolving Presidio Neighborhood Representative Work Group] Resolution repealing Resolution No. 668-01 to dissolve the “Presidio Neighborhood Representative Work Group.” (Clerk of the Board) Resolution No. 355-11 ADOPTED by the following vote:

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

Noes: None

110808 [Dissolving Mayor's Criminal Justice Council] Resolution repealing Resolution Nos. 89-71, 286-71, 359-71, 360-71, 608-71, 14-72, 578-72, 510-73, 934-74, 126-77, 26-78, 704-78, 412-82, 349-89, and 414-89, to dissolve the “Mayor's Criminal Justice Council.” (Clerk of the Board) Resolution No. 356-11 ADOPTED by the following vote:

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

Noes: None

110810 [Dissolving Children's Collaborative Task Force] Resolution repealing Resolution No. 358-07 to dissolve the “Children's Collaborative Task Force." (Clerk of the Board) Resolution No. 357-11 ADOPTED by the following vote:

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

Noes: None

110811 [Dissolving Arts Task Force] Resolution repealing Resolution Nos. 781-04, 316-05, 402-05, 802-05, and 77-06, to dissolve the “Arts Task Force.” (Clerk of the Board) Resolution No. 358-11 ADOPTED by the following vote:

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

Noes: None

110835 [Public Hearing - Appeal of Tentative Parcel Map - 1171 Sansome Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated June 30, 2011, approving a Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor’s Block No. 0113, Lot No. 040. (District 3) (Appellants: David Davies and Jack Weeden). (Clerk of the Board) (Filed July 11, 2011; Companion Measure to File Nos. 110836, 110837, and 110838.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance due to the related categorical exemption appeal scheduled for October 4, 2011. There were no speakers. Supervisor Kim, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

110836 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 1171 Sansome Street] Motion finding the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor's Block No. 0113, Lot No. 040, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; approving the decision of the Department of Public Works; and approving the Tentative Parcel Map. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

110837 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 1171 Sansome Street] Motion finding the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor's Block No. 0113, Lot No. 040, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; disapproving the decision of the Department of Public Works; and disapproving the Tentative Parcel Map. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

110838 [Preparation of Findings Related to the Tentative Parcel Map Disapproval - 1171 Sansome Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome Street, Assessor's Block No. 0113, Lot No. 040. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to October 4, 2011, at 4:00 p.m. The motion carried by the following vote:

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

Noes: None

110832 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 1621 Montgomery Street] Motion finding the Tentative Parcel Map for a 4-unit commercial condominium subdivision located at 1621 Montgomery Street, Assessor's Block No. 0060, Lot No. 0310, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; approving the decision of the Department of Public Works; and approving the Tentative Parcel Map. Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110833 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 1621 Montgomery Street] Motion finding the Tentative Parcel Map for a 4-unit commercial condominium subdivision located at 1621 Montgomery Street, Assessor's Block No. 0060, Lot No. 0310, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; disapproving the decision of the Department of Public Works; and disapproving the Tentative Parcel Map. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110834 [Preparation of Findings Related to the Tentative Parcel Map Disapproval - 1621 Montgomery Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 4-unit commercial condominium subdivision at 1621 Montgomery Street, Assessor's Block No. 0060, Lot No. 0310. Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110841 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street] Motion finding the Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; approving the decision of the Department of Public Works; and approving the Tentative Parcel Map. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110842 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map - 8 Napier Lane/222-222A Filbert Street] Motion finding the Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007, consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1; disapproving the decision of the Department of Public Works; and disapproving the Tentative Parcel Map. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110843 [Preparation of Findings Related to the Tentative Parcel Map Disapproval - 8 Napier Lane/222-222A Filbert Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 8 Napier Lane/222-222A Filbert Street, Assessor's Block No. 0085, Lot No. 007. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110942 [Affirming the Exemption Determination - 660-670 4th Street] Motion affirming the determination by the Planning Department that the project located at 660-670 4th Street is exempt from environmental review. Motion No. M11-137 Supervisor Kim, seconded by Supervisor Elsbernd, 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

110943 [Reversing the Exemption Determination - 660-670 4th Street] Motion reversing the determination by the Planning Department that the 660-670 4th Street project is exempt from environmental review. Supervisor Kim, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110944 [Preparation of Findings to Reverse the Exemption Determination - 660-670 4th Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 660-670 4th Street is exempt from environmental review. Supervisor Kim, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

110857 [Street Vacation Order and Jurisdictional Transfer - Mandan Avenue and a Portion of Cayuga Avenue] Sponsors: Mayor; Avalos Ordinance: 1) ordering the vacation of an approximately 8,490 square foot portion of public right-of-way located on Cayuga Avenue, west of Naglee Avenue; 2) approving the jurisdictional transfer of such portion of public right-of-way from the Department of Public Works to the Recreation and Park Department; 3) approving the jurisdictional transfer of Mandan Avenue and portion of Cayuga Avenue, previously vacated by Board of Supervisors Resolution No. 5468, from the Department of Public Works to the Recreation and Park Department; 4) adopting environmental findings and findings that the actions contemplated herein are consistent with the City's General Plan and Planning Code Section 101.1; and 5) authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING by the following vote:

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

Noes: None

ctions 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 of the Planning Code to: 1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; 2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; 3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; 4) conditionally permit Large Self- Service Restaurants in the Inner Sunset Neighborhood Commercial District; 5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; 6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; and 7) making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Resolution No. 362-11 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

110894 [Urging the Suspension of or Termination of Agreements with Immigration and Customs Enforcement on the Police/ICE Collaboration Program Known as “Secure Communities” and Supporting AB 1081] Sponsors: Mirkarimi; Campos, Mar, Chiu, Avalos and Kim Resolution urging Governor Jerry Brown and Attorney General Kamala Harris to join the Governors of Illinois, Massachusetts, and New York in suspending or terminating agreements with Immigration and Customs Enforcement (ICE) on the Police/ICE collaboration program known as “Secure Communities” and to support Assembly Bill 1081, the TRUST Act - state legislation that would permit localities to opt out of the program. Supervisor Kim requested to be added as a co-sponsor. Supervisor Mirkarimi, seconded by Supervisor Kim, moved that this Resolution be REFERRED to the Public Safety Committee. The motion carried by the following vote:

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

Noes: None

110964 [Ortega Branch Library Grand Opening - September 10, 2011] Sponsor: Chu Resolution recognizing the grand opening of the new Ortega Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110964. There were no speakers. The President declared public comment closed. Resolution No. 363-11 ADOPTED by the following vote:

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

Noes: None

[Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Chu, seconded by Supervisor Elsbernd, moved ADOPTION of the commendatory finding. The motion carried by the following vote:

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

Noes: None

[Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Chu, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote:

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

Noes: None

110965 [Commending the Friends of West Sunset Playground, Neighborhood Parks Council, Rec Connect, and the Recreation and Park and Public Works Departments on the Completion of the West Sunset Playground Rebuild Project] Sponsor: Chu Resolution commending the Friends of West Sunset Playground, Neighborhood Parks Council, Rec Connect, and the Recreation and Park and Public Works Departments on the completion of the West Sunset Playground rebuild project. The President inquired as to whether any member of the public wished to address the Board relating to File No. 110965. There were no speakers. The President declared public comment closed. Resolution No. 364-11 ADOPTED by the following vote:

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

Noes: None