Board of Supervisors Minutes: September 27, 2011

110992 [Appointment, Veteran Affairs Commission - Deborah Dacumos] Motion appointing Deborah Dacumos, term ending January 31, 2014, to the Veteran Affairs Commission. (Clerk of the Board) Deborah Dacumos, seat 5, succeeding Jill Buck, term expired, must be a woman veteran, for the unexpired portion of a four-year term ending January 31, 2014. Motion No. M11-142 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

110720 [Administrative Code - Gift Funds] Sponsors: Mayor; Chiu and Chu Ordinance amending the San Francisco Administrative Code to: 1) create a Recreation and Parks Gift Fund; 2) update the Mayor’s Earthquake Emergency Relief Fund to broaden its purpose as a general disaster recovery fund; and 3) amend the Mayor’s Fund for the homeless to change the administering agency. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED on Page 1, Line 12, replacing 'XXX' with '257'; and Line 14, by replacing 'XXX' with '257'. The motion carried by the following vote:

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

Noes: None

Ordinance amending the San Francisco Administrative Code Sections 10.100-100 and 10.100-106, and adding Section 10.100-257 to: 1) create a Recreation and Parks Gift Fund; 2) update the Mayor’s Earthquake Emergency Relief Fund to broaden its purpose as a general disaster recovery fund; and 3) amend the Mayor’s Fund for the homeless to change the administering agency. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

111004 [Jurisdictional Transfer of City Property - 17th Street and Folsom Street] Sponsors: Kim; Avalos, Mirkarimi, Campos and Wiener Resolution 1) approving the jurisdictional transfer of portions of Assessor's Block No. 3571, Lot No. 018, of the City and County of San Francisco, all currently under the jurisdiction of the San Francisco Public Utilities Commission, partially to the Mayor’s Office of Housing as to 29,075 square feet, and partially to the Recreation and Park Department as to 31,578 square feet; 2) approving the transfer price of $4,000,000 from the Mayor’s Office of Housing to San Francisco Public Utilities Commission and of $2,271,850 from the Recreation and Park Department to San Francisco Public Utilities Commission; 3) adopting findings, including environmental findings, General Plan findings, and Planning Code Section 101.1 findings; and (4) authorizing other actions in furtherance of this Resolution. Supervisors Avalos, Mirkarimi, Campos, and Wiener requested to be added as co-sponsors. Resolution No. 395-11 ADOPTED by the following vote:

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

Noes: None

110448 [Planning Code - Zoning Map - Establishing City Center Special Sign District] Sponsor: Farrell Ordinance amending the San Francisco Planning Code Sections 602.10, 607.1, 608, adding Section 608.16, and amending Sectional Map SSD of the Zoning Map to establish the City Center Special Sign District encompassing the real property bounded by Masonic Avenue, Geary Boulevard, Lyon Street, and O'Farrell Street (Assessor's Block No. 1094, Lot No. 001) to allow additional projecting signs, freestanding identifying and directional signs, and to modify existing controls on business wall signs; adopting findings, including environmental findings pursuant to the California Environmental Quality Act, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Ordinance No. 195-11 FINALLY PASSED by the following vote:

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

Noes: None

110900 [Administrative Code - Film Fees and Rebate Program] Sponsor: Farrell Ordinance amending the San Francisco Administrative Code Sections 57.5 and 57.8 to: 1) decrease filming fees for smaller-budget productions; 2) include documentary films, docudrama films, and "reality" programming among eligible productions for the Film Rebate Program; 3) exempt productions by nonprofit entities, public service announcements, and qualifying student productions from film fees; and 4) make environmental findings. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

110854 [Environment Code - Green Building Requirements for City Buildings] Sponsors: Mayor; Mar Ordinance amending the San Francisco Environment Code, Chapter 7, Sections 700 through 713, to update the green building requirements for the design, construction, and operation of City buildings. Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED on Page 16, Line 23, by replacing 'September' with 'November'. The motion carried by the following vote:

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

Noes: None

Ordinance amending the San Francisco Environment Code, Chapter 7, Sections 700 through 713 to update the green building requirements for the design, construction, and operation of City buildings. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

110846 [Administrative Code - Postrelease Community Supervision Program] Sponsors: Mirkarimi; Cohen Ordinance amending the San Francisco Administrative Code by adding Article XXII, Sections 2A.300 and 2A.301, Chapter 2A to: 1) designate the Adult Probation Department as the county agency responsible for providing postrelease community supervision to eligible inmates released from state prison, as required under California Penal Code section 3451; and 2) authorize the Adult Probation Department to develop a Home Detention and Electronic Monitoring Program that can be used as a supervision tool and sanction for persons who violate conditions of their Postrelease Community Supervision Program. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110901 [Police Code - Safe Storage and Enhanced-Lethality Ammunition Findings] Sponsors: Mirkarimi; Campos, Cohen and Chiu Ordinance amending the San Francisco Police Code by adding Sections 4511 and 613.9.5 to add findings to ordinances: 1) requiring a handgun to be kept in a locked container or disabled with a trigger lock; and 2) prohibiting the sale of enhanced-lethality ammunition. Supervisor Chiu requested to be added as a co-sponsor. Privilege of the floor was granted to Sherri Kaiser (City Attorney's Office) who provided an overivew and responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote:

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

Noes: None

110955 [Settlement of Lawsuits - Mitchell Engineering; Authorization of Bonds and Appropriation of Funds - Not to Exceed $15,750,000] Ordinance: 1) authorizing settlement of all claims arising out of nine lawsuits involving Mitchell Engineering and the City and County of San Francisco; 2) declaring the intent of the San Francisco Public Utilities Commission to reimburse certain expenditures for settlement costs from proceeds of future bonded indebtedness for purposes of complying with Section 147(f) of the Internal Revenue Code of 1986, as amended; 3) authorizing the issuance of Settlement Bonds in connection therewith, as well as the associated financing cost to issue; 4) appropriating $15,750,000, including insurance proceeds in the total amount of $750,000, project construction funds in the total amount of $920,207, and proceeds of Settlement Bonds in the amount of $14,079,793; and 5) authorizing the use of substitute fund balance as a source in lieu of Settlement Bonds if available. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

111008 [Resolution to Establish the West Portal Community Benefit District] Sponsor: Elsbernd Resolution establishing a property-based business improvement district to be known as the “West Portal Community Benefit District,” ordering the levy and collection of assessments against property located in that district for 13 years commencing with FY2011-2012, with services, activities, and improvements to be provided for 13 calendar years commencing January 1, 2012, subject to conditions as specified, and making environmental findings. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, 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

Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the West Portal Community Benefit District was 48.92%, and the returned weighted ballots voting against the West Portal Community Benefit District was 51.08%, further indicating there was a majority protest. Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: None

Absent: Mirkarimi

d as Planning Case No. 2010.0951C, by its Motion No. 18415, under Planning Code Sections 209.6(b) and 303, to install a wireless telecommunications facility consisting of nine panel antennas and related equipment on an existing mechanical penthouse on the roof of a five-story publicly used structure (Kaiser Hospital) as part of Verizon’s wireless telecommunications network within the RM-1 (Mixed, Low Density) and NC-3 (Neighborhood Commercial, Moderate Scale) Zoning Districts, and a 80-E Height and Bulk District, on property located at 4141 Geary Boulevard/450 - 6th Avenue, Assessor’s Block No. 1539, Lot No. 003. (District 1) (Filed by Sandra Fen Ng on behalf of the San Francisco Tomorrow and subscribed by Supervisors Mar, Avalos, Chiu, Kim, and Mirkarimi.) (Filed August 29, 2011; Companion Measure to File Nos. 110951, 110952, and 11953.) 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 Mar, seconded by Supervisor Mirkarimi, moved that this Hearing be CONTINUED to October 25, 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

110951 [Approving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion approving decision of the Planning Commission by its Motion No. 18415, approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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

110952 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18415, approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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

110953 [Preparation of Findings Related to the Conditional Use Authorization - 4141 Geary Boulevard/450 - 6th Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.0951C on property located at 4141 Geary Boulevard/450 - 6th Avenue. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to October 25, 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

111044 [Closed Session - Anticipated Litigation - Public Financing Law] Sponsor: Kim Motion that the Board of Supervisors convene in closed session on September 27, 2011, to consult with Legal Counsel for the purpose of conferring with, or receiving advice from, Legal Counsel regarding anticipated litigation involving the City's public financing law (Campaign and Governmental Conduct Code Section 1.144) in light of Arizona Free Enterprise Club's Freedom PAC et al. v. Bennett, U.S. Supreme Court Case No. 10-238. Government Code Section 54956.9(b) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the anticipated litigation. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M11-143 Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

VENED IN CLOSED SESSION The Board recessed at the hour of 4:20 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel John St. Croix, Director of the Ethics Commission Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and Filed. RECONVENING OF THE BOARD The Board at the hour of 5:30 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 818 Printed at 4:08 pm on 11/1/11 Board of Supervisors Meeting Minutes 9/27/2011 [Elect Not to Disclose] Motion that the Board finds that it is in the best interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Campos, moved not disclose its Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

110718 [Campaign and Governmental Conduct Code - Capping the Amount of Public Matching Funds] Sponsors: Farrell; Elsbernd Ordinance amending the San Francisco Campaign and Governmental Conduct Code Section 1.144 to cap the amount of public matching funds. Privilege of the floor was granted to Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel, and John St. Croix, Director of the Ethics Commission, who responded to questions raised throughout the discussion. NOT PASSED ON FIRST READING by the following vote:

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

Noes: Avalos, Kim, Mar

Absent: Mirkarimi

Supervisor Elsbernd, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Absent: Mirkarimi

Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to October 4, 2011. The motion carried by the following vote:

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

Noes: None

Absent: Mirkarimi

111027 [Final Map 6395 - 2829 California Street and 1933 Divisadero Street] Motion approving Final Map 6395, a 13 Residential Unit and Three Commercial Unit Mixed-Use Condominium Project, located at 2829 California Street and 1933 Divisadero Street being a subdivision of Assessor's Block No. 1028, Lot Nos. 003 and 028; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M11-145 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mirkarimi

111055 [Karen Bishop Day - September 27, 2011] Sponsors: Mar; Kim Resolution declaring September 27, 2011, to be Karen Bishop Day in the City and County of San Francisco. Resolution No. 405-11 ADOPTED by the following vote:

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

Noes: None

Absent: Mirkarimi