Board of Supervisors Minutes: May 8, 2012

120257 [Public Infrastructure Improvements - Mission Bay South-66” Sewer Force Main Relocation] Ordinance: 1) accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay South-66” Sewer Force Main Relocation, including acquisition facilities located under portions of State Trust Parcel 8 and future Owens Street between Sixteenth Street and Mariposa Street; 2) accepting said facilities for City maintenance and liability purposes; 3) adopting environmental findings and findings that such actions are consistent with the City’s General Plan eight priority policy findings of Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; 4) accepting a Department of Public Works Order; and 5) authorizing official acts in connection with this Ordinance. (Public Works Department) Ordinance No. 086-12 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

111077 [Police Code - Security Plans for Commercial Parking Garages and Lots] Sponsors: Chiu; Wiener Ordinance amending the San Francisco Police Code Sections 1215 through 1215.4 and adding Section 1215.7 to: 1) require a security plan as part of an application for a commercial parking permit; 2) set requirements for security plans; 3) authorize the Chief of Police to suspend or revoke a commercial parking permit for violation of an approved security plan; 4) authorize the Chief of Police to promulgate rules that set requirements for security plans; and 5) authorize enforcement by the City Attorney in a civil action; and making environmental findings. Ordinance No. 087-12 FINALLY PASSED by the following vote:

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

120351 [Administrative Code - Police Department Participation in Federal Counterterrorism Activities] Sponsors: Kim; Avalos, Campos, Chiu, Olague, Mar, Wiener and Cohen Ordinance amending the San Francisco Administrative Code by adding Section 2A.74 to: 1) set City policy regarding Police Department participation in federal counterterrorism activities; 2) require a public discussion at the Police Commission before the execution of any Memorandum of Understanding with the Federal Bureau of Investigation regarding the Joint Terrorism Task Force; and 3) set an annual reporting requirement. Ordinance No. 083-12 FINALLY PASSED by the following vote:

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

120274 [Park Code - Amending Golden Gate Park Concourse Underground Parking Facility and Other Certain Fees; and Changing Controller Reporting Requirements] Ordinance amending the San Francisco Park Code, Article 12, by: 1) amending Section 12.35 to increase certain parking rates and eliminate the Early Bird Rate at the Golden Gate Park Concourse Underground Parking Facility; 2) amending Section 12.20 to revise the Controller's reporting requirement regarding cost recovery; and 3) adding a new Section 12.49 to ratify prior fees and fee adjustments; and 4) making environmental findings and findings of consistency with general plan. (Recreation and Park Department) PASSED, ON FIRST READING by the following vote:

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

120279 [Lease of Real Property - Golden Bear Restaurant Company III, dba Mission Rock Resort - 817 Terry A. Francois Boulevard] Resolution approving Port Commission Lease No. L-15108 with Golden Bear Restaurant Company III, dba Mission Rock Resort, for restaurant building, deck, and land of approximately 7,924 square feet located at 817 Terry A. Francois Boulevard in the Central Waterfront with a 15 year term and one five year option. (Port) (Fiscal Impact) Resolution No. 161-12 ADOPTED by the following vote:

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

120280 [Lease of Real Property Renewal - BRCP 1390 Market, LLC] Resolution authorizing a lease amendment to extend the term of the City Attorney lease with BRCP 1390 Market, LLC, for premises at 1390 Market Street (Fox Plaza), consisting of approximately 69,402 square feet, by five years and granting to the City two additional five year extension options. (Real Estate Department) Resolution No. 162-12 ADOPTED by the following vote:

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

120381 [Apply for, Accept, and Expend Grant - Housing Opportunities for Persons with AIDS Program - $12,180,724] Sponsor: Mayor Resolution approving the FY2012-2013 Housing Opportunities for Persons with AIDS (HOPWA) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2012-2013 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $9,731,577 and to expend Program Income and Reprogrammed Funds in the amount of $2,449,147. Resolution No. 164-12 ADOPTED by the following vote:

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

120382 [Apply for, Accept, and Expend Grant - HOME Program - $3,985,888] Sponsor: Mayor Resolution approving the FY2012-2013 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 FY2012-2013 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $3,955,888, and to expend Program Income in the amount of $30,000. Resolution No. 165-12 ADOPTED by the following vote:

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

120383 [Apply for, Accept, and Expend Grant - Emergency Shelter Grants Program - $2,151,775] Sponsor: Mayor Resolution approving the FY2012-2013 Emergency Shelter Grants Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2012-2013 Emergency Shelter Grants Program entitlement in the amount of $1,609,318 and accept and expend the second allocation of the City’s FY2011-12 Emergency Shelter Grants Program entitlement in the amount of $507,457 from the U.S. Department of Housing and Urban Development and to expend Reprogrammed Funds in the amount of $35,000. Resolution No. 166-12 ADOPTED by the following vote:

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

120384 [Apply for, Accept, and Expend Grant - Community Development Block Grant Program - $17,734,214] Sponsor: Mayor Resolution approving the FY2012-2013 Community Development Block Grant Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2012-2013 Community Development Block Grant Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $16,204,214 and to expend Program Income in the amount of $1,530,000. Resolution No. 167-12 ADOPTED by the following vote:

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

120386 [Accept and Expend Grant - Zellerbach Family Foundation - $37,000] Sponsor: Mayor Resolution authorizing the Adult Probation Department to retroactively accept and expend a grant of consulting services from the Zellerbach Family Foundation through an award to Community Works West in the amount of $37,000 for developing a gender-responsive approach to serving women involved in San Francisco’s criminal justice system. Resolution No. 168-12 ADOPTED by the following vote:

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

120287 [Master Tournament Agreement Amendment - Harding Park Golf Course - PGA TOUR, Inc.] Sponsor: Elsbernd Resolution approving and authorizing the execution of a Third Amendment to the Master Tournament Agreement with PGA TOUR, Inc., for the use of Harding Park Golf Course for certain professional golf tournaments. (Fiscal Impact) Resolution No. 163-12 ADOPTED by the following vote:

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

120385 [Real Property Lease Amendment - Sixth Street Baldwin House, LLC - 72-6th Street] Sponsors: Mayor; Kim Resolution authorizing the lease amendment with Sixth Street Baldwin House, LLC, of approximately 1,932 rentable square feet of ground space located at 72-6th Street for the San Francisco Police Department. Resolution No. 160-12 ADOPTED by the following vote:

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

itting Five Feet Ground Floor Height Increases in Designated Lots and Prohibiting Certain Lot Mergers Along Geary Boulevard, Balboa Street, and in the Inner and Outer Clement Neighborhood Commercial Districts] Sponsor: Mar Ordinance amending the San Francisco Planning Code by: 1) amending Section 263.20 to permit a 5 feet ground floor height increase a) in the 40-X and 50-X Height and Bulk Districts in the NC-3 Zoning District along Geary Boulevard, from Masonic Avenue to 28th Avenue, except for designated parcels; b) on NC-2 designated parcels on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 39th Avenue; and c) in the Inner Clement Street and Outer Clement Street Neighborhood Commercial Districts (NCDs); 2) amending Section 121.7(b) to prohibit lot mergers resulting in lots with street frontages greater than 50 feet in the Inner and Outer Clement NCDs, and in NC-2 Districts on Balboa Street, between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 38th Avenue; and 3) making findings, including environmental findings and findings of consistency with Planning Code Section 101.1 and the General Plan. PASSED, ON FIRST READING by the following vote:

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

120300 [Planning Code - Article 10 - Landmarks Preservation] Sponsors: Wiener; Olague Ordinance amending the San Francisco Planning Code, Article 10, entitled "Preservation of Historical Architectural and Aesthetic Landmarks," in its entirety; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1(b). Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Mar

Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener

Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 31, Line 17, by adding ‘unit to residents earning 120 percent area median income and below’ after ‘for-sale’; and adding ‘to residents earning 100% area median income and below’ after ‘housing unit’. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Kim, Mar, Olague

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

Supervisor Wiener, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 11, Line 5, by deleting ‘or’ after ‘Department’, and adding ‘, or any member of the public’ after ‘owner(s)’; Page 11, Line 6, by adding ‘the owner(s) of a proposed landmark site or’ after ‘submitted by’; Page 11, Line 7, by deleting ‘for designation’ after ‘owners’, and adding ‘proposed’ after ‘of a’; Page 11, Lines 10-11, by replacing ‘the’ with ‘a’, and adding ‘made by property owners as set forth above’ after ‘nomination’. The motion carried by the following vote:

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

Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 29, Lines 11-18, by deleting from ‘Development of…’ through to ‘…by that body’, and adding ‘The Historic Preservation Commission may develop district-by-district design guidelines that meet the Secretary’s Standards to be adopted by the HPC, with comments by the Planning Commission.’ after ‘that body.’ The motion FAILED by the following vote:

Ayes: Avalos, Campos, Mar

Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener

City and County of San Francisco Page 307 Printed at 12:40 pm on 6/20/12 Board of Supervisors Meeting Minutes 5/8/2012 Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 14, Lines 15-16, by deleting ‘in writing’ and ‘be it in the form of a vote or a survey’; and on Page 14, Lines 20-23, by deleting from ‘The Department’s…’ through to ‘…proposed district.’ The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Kim, Mar, Olague

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Mar

120301 [Planning Code - Article 11 - Historic Preservation in the C-3 Districts] Sponsors: Wiener; Olague Ordinance amending the San Francisco Planning Code, Article 11, entitled "Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts," in its entirety; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1(b). (Supervisor Mar dissented in committee.) Supervisor Avalos, seconded by Supervisor Campos, NOT RE-REFERRED to the Land Use and Economic Development Committee, by the following vote:

Ayes: Avalos, Campos, Mar

Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener

Supervisor Wiener, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 17, Line 25, by adding ‘residential’ after ‘half of all’; and on Page 18, Line 4, by adding ‘residential’ after ‘owners’ and the’. The motion carried by the following vote:

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

Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 33, Line 24-25, through Page 34, Lines 1-5, by deleting from ‘Development of…” through to ‘…that body.’; and adding ‘The Historic Preservation Commission may develop district-by-district design guidelines that meet the Secretary’s Standards to be adopted by the HPC, with comments by the Planning Commission.’ after ‘that body.’ The motion FAILED by the following vote:

Ayes: Avalos, Campos, Mar

Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener

Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 17, Lines 23-25, by deleting ‘in writing’ and ‘be it in the form of a vote or a survey, with the goal of obtaining the participation of at least half of all property owners and half of all occupants in the area.’; and on Page 18, Lines 4-5, by deleting from ‘The property owners’…” through to “…boundary change.’ The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Kim, Mar, Olague

Noes: Chu, Cohen, Elsbernd, Farrell, Wiener

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Mar

120449 [Accept and Expend Grant - San Francisco Hepatitis B Free Best Practices - The San Francisco Foundation - $20,000] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $20,000 from The San Francisco Foundation to participate in a program entitled San Francisco Hepatitis B Free Best Practices The San Francisco Foundation for the period of April 1, 2012, through March 31, 2013, and waiving indirect costs. Resolution No. 174-12 ADOPTED The foregoing items were acted upon by the following vote:

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

120446 [Accept Gift - 15 Electric Vehicle Chargers Equipment - $69,000] Sponsor: Mar Resolution authorizing the Department of the Environment to accept and expend 15 electric vehicle chargers from Google, Inc. as a donation. Supervisor Mar, seconded by Supervisor Elsbernd, 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, Olague, Wiener

Resolution authorizing the Department of the Environment to accept donation of 15 electric vehicle chargers from Google, Inc. Resolution No. 172-12 ADOPTED AS AMENDED by the following vote:

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