Board of Supervisors Minutes: June 12, 2012

120068 [Settlement of Lawsuit - Kevin Woodson v. CCSF - $45,000] Ordinance authorizing settlement of the lawsuit filed by Kevin Woodson against the City and County of San Francisco for $45,000; the lawsuit was filed on December 10, 2010, in the United States District Court, Northern District of California, Case No. C11-00057 JCS; entitled Kevin Woodson, et al. v. City and County of San Francisco, et al., and the waiver of the San Francisco General Hospital lien. (City Attorney) Ordinance No. 103-12 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

120047 [Planning Code - Including Financial Services Within Definition of Formula Retail] Sponsors: Mar; Olague, Campos and Avalos Ordinance amending the San Francisco Planning Code by: 1) amending Section 703.3(c) to include financial services within the uses subject to formula retail controls in Neighborhood Commercial Districts; 2) amending Section 806.3(c) including financial services within the uses subject to formula retail controls in Mixed Use Districts; 3) amending Section 303.3(i) making conforming amendments; and 4) making findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and with the Priority Policies of Planning Code Section 101.1. Ordinance No. 106-12 FINALLY PASSED by the following vote:

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

Noes: Chu, Elsbernd, Farrell

120561 [Correcting the Appropriation of Sources in Supplemental Ordinance No. 77-12 in the Department of Public Health for FY2011-2012] Sponsors: Chu; Mayor Ordinance correcting the appropriation of Sources in Supplemental Ordinance No. 77-12, an Ordinance recognizing revenue losses of $31,477,332 at the Department of Public Health and appropriating $67,629,934 of SB1128 reimbursement revenues, $25,620,000 of surplus General Hospital revenues, and $6,555,007 of General Fund Reserves for State revenue losses to support additional expenditures in the Department of Public Health including $28,160,000 at San Francisco General Hospital, $13,090,000 at Laguna Honda Hospital, and $27,077,609 for a debt service reserve in FY2011-2012. PASSED, ON FIRST READING by the following vote:

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

120476 [Design Agreement Amendment - Laguna Honda Hospital Replacement Program - $51,276,867] Sponsor: Elsbernd Resolution authorizing the Director of Public Works to execute an amendment to the design agreement for the Laguna Honda Hospital Replacement Program by increasing the contract amount from $50,799,281 to $51,276,867. (Fiscal Impact) Resolution No. 223-12 ADOPTED by the following vote:

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

120526 [Appropriating $265,185,000 of General Obligation Bonds for the San Francisco General Hospital and Trauma Center for the Department of Public Health for FY2011-2012] Sponsors: Mayor; Chu Ordinance appropriating $265,185,000 of General Obligation Bond proceeds, approved by voters under Proposition A in the November 2008 election, authorizing the fourth issuance of General Obligation Bonds for the building or rebuilding and earthquake safety improvement of the San Francisco General Hospital and Trauma Center in the Department of Public Health for FY2011-2012. Supervisor Chu 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, Olague, Wiener

unt of City and County of San Francisco General Obligation Bonds, Series 2012D; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form of the preliminary official statement and the form and execution of the official statement relating to the sale of said bonds; approving the form of the continuing disclosure certificate; authorizing and approving modifications to documents; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds. Supervisor Chu requested to be added as a co-sponsor. Resolution No. 230-12 ADOPTED by the following vote:

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

120527 [Appropriating $40,410,000 of Earthquake Safety and Emergency Response General Obligation Bonds to the Public Utilities Commission in FY2011-2012] Sponsors: Mayor; Chiu and Chu Ordinance appropriating $40,410,000 of the 2012A Series Earthquake Safety and Emergency Response General Obligation Bond Proceeds to the Public Utilities Commission in FY2011-2012 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster and placing these funds on Controller’s Reserve pending the sale of the Bonds. Supervisor Chu 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, Olague, Wiener

unt of City and County of San Francisco General Obligation Bonds, Series 2012E; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form of the preliminary official statement and the form and execution of the official statement relating to the sale of said bonds; approving the form of the continuing disclosure certificate; authorizing and approving modifications to documents; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds. Supervisor Chu requested to be added as a co-sponsor. Resolution No. 231-12 ADOPTED by the following vote:

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

treet; adopting environmental findings and findings of consistency with the General Plan and the eight Priority Policies of City Planning Code Section 101.1; and authorizing the Port's Executive Director and the City's Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Port) (Supervisor Avalos dissented in Committee.) Supervisor Chiu, seconded by Supervisor Avalos, moved that this Resolution be AMENDED by adding 'WHEREAS, Section 21 of the DDA provides for SFWP to be reimbursed up to $5 million in Public Financing for Qualified Projects Costs of Public Improvements on the Open Space Parcel.'; and adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the DDA between the Port and the developer that removes the portions of Section 21 of the DDA that provides for the developer to be reimbursed up to $5 million in Public Financing for Qualified Project Costs of Public Improvements on the Open Space Parcel and instead provides that the developer cannot be reimbursed with Public Financing for any project costs.' The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Mar

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

Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for payment by the developer to the Port or its designee to fund affordable housing projects in the City in the amount of $25 million.' The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen

Noes: Chu, Elsbernd, Farrell, Kim, Mar, Olague, Wiener

Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for payment by the developer to the Port or its designee to fund affordable housing projects in the City in the amount of $13 million.' The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Mar

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

Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED by adding 'FURTHER RESOLVED, That Board of Supervisors approval of this Resolution is contingent upon a revision of the Purchase and Sale Agreement between the Port and the developer that provides for transfer fees equal to 1.0% of the Condominium Sales Proceeds received including the first sale.' The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu

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

City and County of San Francisco Page 403 Printed at 12:56 pm on 7/18/12 Board of Supervisors Meeting Minutes 6/12/2012 Privilege of the floor was granted to Cheryl Adams, Deputy City Attorney (City Attorney's Office) who responded to questions raised throughout the discussion regarding File No. 120270. Supervisor Chu, seconded by Supervisor Olague, moved that this Resolution be AMENDED on Page 12, Lines 14-19, by adding 'FURTHER RESOLVED, That the Board of Supervisors has reviewed and considered the information in the memorandum from Paul Maltzer of the Planning Department dated June 12, 2012, that considers the effect of reducing the amount of commercial parking and concludes that such reduction would not result in any additional environmental effects beyond those analyzed in the Final EIR for the reasons stated in the memorandum, which is incorporated into this resolution by this reference; and'. The motion carried by the following vote:

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

Resolution No. 226-12 ADOPTED AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Chiu

120278 [Amending Resolution of Intention to Form Waterfront Infrastructure Financing District (File No. 120128)] Resolution amending Resolution of Intention to establish Infrastructure Financing District No. 2 (File No. 120128) for the City and County of San Francisco at the Port of San Francisco. (Port) Resolution No. 227-12 ADOPTED by the following vote:

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

Noes: Avalos, Campos, Chiu

120377 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Small Business Net New Payroll - 2012 through 2015] Sponsors: Farrell; Campos, Chu, Cohen, Elsbernd, Mar and Wiener Ordinance amending the San Francisco Business and Tax Regulations Code Article 12-A by adding Section 906.5 to permit a Payroll Expense Tax Exclusion for Small Business Net New Payroll for years 2012 through 2015. (Fiscal Impact) Privilege of the floor was granted to Monique Zmuda, Deputy Controller (Office of the Controller) who responded to questions raised throughout the discussion regarding File No. 120377. PASSED ON FIRST READING by the following vote: play video

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

Noes: Avalos

120529 [Issuance of Tax Exempt Revenue Obligations - Live Oak School - Not to Exceed $6,750,000] Sponsor: Cohen Resolution approving, in accordance with Section 147(f) of the Internal Revenue Code, the issuance of tax-exempt revenue obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $6,750,000 to refinance various capital facilities owned by Live Oak School. Resolution No. 229-12 ADOPTED by the following vote:

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

111338 [Naming the Waller Street Stairway as Adah’s Stairway] Sponsors: Wiener; Olague Ordinance: 1) establishing the name of the stairway on the southern portion of Waller Street at Waller and Broderick Streets that connects to Buena Vista Park at Buena Vista East as “Adah’s Stairway,” in recognition of Adah Bakalinsky, author of the book Stairway Walks in San Francisco; 2) commemorating this location under Public Works Code Sections 789 et seq., the Commemorative Street Plaque Ordinance; 3) accepting a plaque and its installation in honor of Ms. Bakalinsky as a gift to the City; 4) waiving permit and inspection fees for plaque installation; and 5) directing official acts in furtherance of this Ordinance. PASSED, ON FIRST READING by the following vote: play video

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

120191 [Building Code - Definition of Efficiency Unit] Sponsor: Wiener Ordinance amending the San Francisco Building Code Section 1208.4 to reduce the square footage requirement for Efficiency Dwelling Units pursuant to Section 17958.1 of the California Health & Safety Code; and making environmental findings. Supervisor Wiener, seconded by Supervisor Chu, moved that this Ordinance be CONTINUED ON FIRST READING to July 10, 2012. The motion carried by the following vote: play video

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

Noes: Avalos, Campos, Kim, Mar

120572 [Real Property Acquisition, Ground Lease Agreement - Construction of Affordable Housing - MERCY HOUSING CALIFORNIA XLIV - 1180-4th Street] Sponsor: Kim Resolution: 1) authorizing the Mayor’s Office of Housing as Successor Housing Agency to the Redevelopment Agency to exercise an Agency Purchase Option for Block No. 8711, Lot No. 14, also known as 1180-4th Street located within the Mission Bay South Redevelopment Project Area pursuant to that certain Mission Bay South Owner Participation Agreement and Memorandum of Option between the Redevelopment Agency and FOCIL-MB, LLC; 2) approving and authorizing a long term ground lease to MERCY HOUSING CALIFORNIA XLIV, a California limited partnership, for a term of 75 years with a 24 year extension option, under San Francisco Charter Section 9.118, for the development and operation of affordable housing; and 3) making findings that the acquisition and lease is in conformance with CEQA, the City’s General Plan, and the priority policies of Planning Code Section 101.1. Resolution No. 224-12 ADOPTED by the following vote: play video

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

areas along the Drumm Street frontage of the property located at Assessor's Block No. 0201, Lot No. 012 (8 Washington Street), from 84-E to 92-E in one area and to 136-E in another area; and 2) making 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. (Planning Commission) Privilege of the floor was granted to Cheryl Adams, Deputy City Attorney (City Attorney's Office) who responded to questions raised throughout the discussion regarding File No. 120271. Supervisor Chu, seconded by Supervisor Olague, moved that this Ordinance be AMENDED on Page 3, Lines 14-19, by adding 'That the Board of Supervisors has reviewed and considered the information in the memorandum from Paul Maltzer of the Planning Department dated June 12, 2012, that considers the effect of reducing the amount of commercial parking and concludes that such reduction would not result in any additional environmental effects beyond those analyzed in the Final EIR for the reasons stated in the memorandum, which is incorporated into this resolution by this reference.' The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Chiu

the San Francisco General Plan Map 2 (Height and Bulk Plan) of the Northeastern Waterfront Area Plan as part of the 8 Washington Street Project (Assessor's Block No. 0201, Lot No. 012); and 2) making environmental findings, Planning Code Section 340 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Commission) Privilege of the floor was granted to Cheryl Adams, Deputy City Attorney (City Attorney's Office) who responded to questions raised throughout the discussion regarding File No. 120272. Supervisor Chu, seconded by Supervisor Olague, moved that this Ordinance be AMENDED on Page 3, Lines 15-20, by adding 'That the Board of Supervisors has reviewed and considered the information in the memorandum from Paul Maltzer of the Planning Department dated June 12, 2012, that considers the effect of reducing the amount of commercial parking and concludes that such reduction would not result in any additional environmental effects beyond those analyzed in the Final EIR for the reasons stated in the memorandum, which is incorporated into this resolution by this reference.' The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos, Campos, Chiu

bject to the Port Commission's direction; 3) urging OEWD and the Port to engage in outreach to affected and interested neighbors, community members and other stakeholders to ensure that the proposed project is designed with maximum public input; 4) urging OEWD and the Port to work closely with State agencies having jurisdiction over any of the site, including the State Lands Commission and the Bay Conservation and Development Commission, to develop the project description; 5) urging the OEWD Director, the Port Director and other City officials to make evaluation of the proposed project among their highest priorities and take all appropriate steps to negotiate an exclusive negotiation agreement with GSW; and 6) acknowledging that the City may commence environmental review of the proposed project under CEQA if and when the Board of Supervisors makes the required findings of fiscal feasibility and responsibility under Administrative Code Chapter 29. Supervisor Kim, seconded by Supervisor Campos, moved that this Resolution be AMENDED on Page 1, Line 10, by changing 'urging' to 'requiring'; and Page 8, Line 13, by changing 'urges' to 'requires'. The motion carried by the following vote:

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

evaluation of the proposed project among their highest priorities and take all appropriate steps to negotiate an exclusive negotiation agreement with GSW; and 6) acknowledging that the City may commence environmental review of the proposed project under CEQA if and when the Board of Supervisors makes the required findings of fiscal feasibility and responsibility under Administrative Code Chapter 29. Supervisor Campos, seconded by Supervisor Kim, moved that this Resolution be AMENDED on Page 1, Line 3, by deleting 'the competitive bidding policy set forth in Administrative Code Section 2.6-1 does not apply to'; Page 1, Line 5, by adding 'is exempt from the competitive bidding policy set forth in Administrative Code Section 2.6-1'; and Page 7, Line 23, to Page 8, Line 1, by changing the clause to 'all as further described above, the possible transaction with GSW (including, for all purposes of this resolution, any affiliated development entity or entities that GSW may establish for the Project, as approved by the City) is exempted from the competitive bidding policy set forth in Administrative Code Section 2.6-1 for development of the Site'. The motion carried by the following vote:

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

Resolution No. 236-12 ADOPTED AS AMENDED by the following vote:

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

120549 [Public Hearing - Appeal of a Final Environmental Impact Report - California Pacific Medical Center Long Range Development Plan Project] Hearing of persons interested in or objecting to the Planning Commission's decision, dated April 26, 2012, Certification of a Final Environmental Impact Report identified as Planning Case No. 2005.0555E, through its Motion No. 18588, for the proposed California Pacific Medical Center Long Range Development Plan Project. (Appellant: Law Offices of Gloria D. Smith on behalf of the California Nurses Association/National Nurses United, Council of Community Housing Organizations, Cathedral Hill Neighbors Association, Bernal Heights Neighborhood Center, Jobs with Justice San Francisco, and San Franciscans for Healthcare, Housing, Jobs and Justice.) (Filed May 16, 2012) (Clerk of the Board) 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 Campos, seconded by Supervisor Chu, moved that this Hearing be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

120550 [Affirming Certification of Final Environmental Impact Report - California Pacific Medical Center’s Long Range Development Plan] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the California Pacific Medical Center’s Long Range Development Plan. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Chu, moved that this Motion be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

120551 [Reversing Certification of Final Environmental Impact Report - California Pacific Medical Center’s Long Range Development Plan] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the California Pacific Medical Center’s Long Range Development Plan. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Chu, moved that this Motion be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

120552 [Preparation of Findings to Reverse Certification of Final Environmental Impact Report - California Pacific Medical Center’s Long Range Development Plan] Motion directing the Clerk of the Board to prepare findings reversing the certification by the Planning Commission of the Final Environmental Impact Report for the California Pacific Medical Center’s Long Range Development Plan. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Chu, moved that this Motion be CONTINUED to July 17, 2012. The motion carried by the following vote:

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

120541 [Committee of the Whole - Hearing on the Report of Assessment Costs for Sidewalk and Curb Repairs] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 19, 2012, at 3:00 p.m., to hold a public hearing on a Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the Board) Motion No. M12-074 APPROVED The foregoing items were acted upon by the following vote:

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

Absent: Cohen

coordination with Port staff and subject to the Port Commission's direction; 3) urging OEWD and the Port to engage in outreach to affected and interested neighbors, community members and other stakeholders to ensure that the proposed project is designed with maximum public input; 4) urging OEWD and the Port to work closely with State agencies having jurisdiction over any of the site, including the State Lands Commission and the Bay Conservation and Development Commission, to develop the project description; 5) urging the OEWD Director, the Port Director and other City officials to make evaluation of the proposed project among their highest priorities and take all appropriate steps to negotiate an exclusive negotiation agreement with GSW; and 6) acknowledging that the City may commence environmental review of the proposed project under CEQA if and when the Board of Supervisors makes the required findings of fiscal feasibility and responsibility under Administrative Code Chapter 29. The President inquired as to whether any member of the public wished to address the Board related to File No. 120629. There were no speakers. Motion No. M12-073 APPROVED by the following vote: play video

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