Board of Supervisors Minutes: June 26, 2012

120615 [Settlement of Lawsuit - Waterfront Watch - $225,000] Ordinance authorizing settlement of the lawsuit filed by Waterfront Watch against the City and County of San Francisco for $225,000; the lawsuit was filed on February 23, 2012, in San Francisco Superior Court, Case No. CPF-12-511968; entitled Waterfront Watch, et al., v. City and County of San Francisco, et al.; other material terms of said settlement are establishing a process for review of Pier 29 rehabilitation work, Port technical assistance to reduce air emissions at Pier 27, agreement not to place a Jumbotron on the water in Aquatic Park Lagoon. (City Attorney) PASSED, ON FIRST READING The foregoing items were acted upon by the following vote:

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

Noes: None

120616 [Interim Proposed Budget and Annual Appropriation Ordinance - FYs 2012-2013 and 2013-2014] Sponsor: Mayor Interim Proposed Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of May 1, 2012, for the FYs ending June 30, 2013, and June 30, 2014. (Fiscal Impact) Ordinance No. 157-12 FINALLY PASSED by the following vote: play video

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

Noes: None

120617 [Interim Annual Salary Ordinance - FYs 2012-2013 and 2013-2014] Sponsor: Mayor Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2013, and June 30, 2014, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. Ordinance No. 156-12 FINALLY PASSED by the following vote: play video

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

Noes: None

City and County of San Francisco Page 469 Printed at 2:36 pm on 8/1/12 Board of Supervisors Meeting Minutes 6/26/2012 Recommendation of the Government Audit and Oversight Committee Supervisor Elsbernd Excused from Voting Supervisor Campos, seconded by Supervisor Farrell, moved that Supervisor Elsbernd be excused from voting on File No. 120521. The motion carried by the following vote:

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

Noes: None

Excused: Elsbernd

120521 [Memorandum of Understanding - Municipal Executives' Association] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association, to be effective July 1, 2012, through June 30, 2014. (Supervisor Elsbernd excused from voting.) Ordinance No. 129-12 FINALLY PASSED by the following vote: play video

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

Noes: None

Excused: Elsbernd

120559 [Police Code - Prohibiting Obstructing Sidewalks Adjacent to White Zones] Sponsors: Campos; Avalos and Mar Ordinance amending the San Francisco Police Code by adding Section 65 to prohibit obstructing sidewalks adjacent to white colored curb zones and establish exceptions to the prohibition; and adopting environmental findings. Ordinance No. 125-12 FINALLY PASSED by the following vote: play video

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

Noes: None

111330 [Charter Amendment - Consolidating Odd-Year Municipal Elections] Sponsor: Wiener Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections 2.101, 13.101, and Article XVII to: 1) change the election cycle for the offices of City Attorney and Treasurer so that these offices will be elected in the same years as the elections for the offices of Mayor, District Attorney, and Sheriff; and 2) to amend the definition of general municipal election so that such elections occur only in even-numbered years and every other odd-numbered year. ORDERED SUBMITTED by the following vote: play video

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

Noes: None

120219 [Charter Amendment - Replacing Ranked-Choice Voting for City-Wide Offices with Run-Off Elections] Sponsors: Farrell; Chu, Cohen, Elsbernd, Olague and Wiener Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Sections 13.101, 13.101.5, 13.102, 13.107, and Article XVII and by adding Section 13.102.5 to replace ranked-choice voting for City-wide offices with run-off elections. Duplicated and Amended, see File Nos. 120723 and 120724. Supervisor Campos, seconded by Supervisor Farrell, moved that this Charter Amendment be CONTINUED to July 10, 2012, with the Board sitting as a Committee of the Whole. The motion carried by the following vote: play video

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

Noes: None

120723 [Charter Amendment - Incorporating Run-Off Elections into Ranked-Choice Voting for Office of Mayor] Sponsor: Chiu Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Sections 13.101, 13.102, and Article XVII and by adding Section 13.102.5 to incorporate run-off elections into ranked-choice voting for the office of Mayor. Duplicated as Amended, see File Nos. 120219 and 120724. Supervisor Campos, seconded by Supervisor Farrell, moved that this Charter Amendment be DUPLICATED AS AMENDED and CONTINUED to July 10, 2012, with the Board sitting as a Committee of the Whole. The motion carried by the following vote:

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

Noes: None

120724 [Charter Amendment - Replacing Ranked-Choice Voting for Mayor with Run-Off Elections] Sponsor: Olague Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Sections 2.101, 13.101, 13.101.5, 13.102, 13.107, and Article XVII and by adding Section 13.102.5 to replace ranked-choice voting for Mayor with run-off elections. Duplicated as Amended, see File Nos. 120219 and 120723. Supervisor Campos, seconded by Supervisor Farrell, moved that this Charter Amendment be DUPLICATED AS AMENDED and CONTINUED to July 10, 2012, with the Board sitting as a Committee of the Whole. The motion carried by the following vote:

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

Noes: None

120580 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Chapter 80 of the Administrative Code, the costs thereof having been paid for out of a blight abatement fund. (Public Works Department) Timothy Hines (Department of Public Works) indicated that the following addresses should be removed from the accompanying report due to recent receipt of payment and/or resolution: 213-9th Street; 134 Capp Street; 1741 Fulton Street; and 10 Loyola Terrace. The amendments to the accompanying report, as provided by the Department of Public Works, included in File No. 120580 were received without objection. Resolution No. 253-12 ADOPTED, after accepting the amendments to the accompanying report, by the following vote: play video

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

Noes: None

Absent: Wiener

120495 [Appeal of Determination of Exemption from Environmental Review - 601 Dolores Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated April 9, 2012, Case No. 2011.0584E, that a project located at 601 Dolores Street (Assessor Block No. 3598, Lot No. 060) is exempt from environmental review under Categorical Exemption, Class 32 [State CEQA Guidelines Section 15332]. The proposed project involves the conversion of an existing residential use in a former church structure into middle school class rooms and a multi-purpose assembly space and associated interior and exterior changes to the building. (District 8) (Appellant: Jeffrey Goldfarb and Elizabeth Erhardt of Rutan and Tucker, LLP, on behalf of J. Landon Gates and Anne Timmer Gates) (Filed May 9, 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 Mar, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

120496 [Affirming the Exemption Determination - 601 Dolores Street] Motion affirming the determination by the Planning Department that a project located at 601 Dolores Street is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

120497 [Reversing the Exemption Determination - 601 Dolores Street] Motion reversing the determination by the Planning Department that a project located at 601 Dolores Street is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

120498 [Preparation of Findings to Reverse the Exemption Determination - 601 Dolores Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that a project located at 601 Dolores Street is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

120646 [Appeal of Conditional Use Authorization - 601 Dolores Street] Hearing of persons interested in or objecting to the decision of the Planning Commission's April 26, 2012, approval of a Conditional Use Authorization identified as Planning Case No. 2011.0584CV, by its Motion No. 18604, pursuant to Planning Code Sections 209.3(g), 303, and 317, to convert a former church that is currently being used as a single-family dwelling into a private elementary school operated by “Children’s Day School”, within a RH-3 (Residential House, Three-Family), on property located at 601 Dolores Street, Assessor's Block Assessor’s Block No. 3598, Lot No. 060. (District 8) (Appellants: Elizabeth Erhardt of Rutan and Tucker, LLP, on behalf of Lisa Nahmanson and Sandra Steele) (Filed May 29, 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 Mar, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

120647 [Affirming the Conditional Use Authorization - 601 Dolores Street] Motion approving the decision of the Planning Commission by its Motion No. 18604, approving Conditional Use Authorization identified as Planning Case No. 2011.0584CV on property located at 601 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

120648 [Reversing the Conditional Use Authorization - 601 Dolores Street; Approving the Conditional Use as Modified by the Board of Supervisors] Motion disapproving the decision of the Planning Commission by its Motion No. 18604, approving Conditional Use Authorization identified as Planning Case No. 2011.0584CV on property located at 601 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

120649 [Preparation of Findings Related to the Conditional Use Authorization - 601 Dolores Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2011.0584CV on property located at 601 Dolores Street. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to July 24, 2012. The motion carried by the following vote:

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

Noes: None

permit granting revocable permission to UCSF to occupy portions of these streets for UCSF improvements and activities, including a Fourth Street public plaza, b) maintenance agreements for said improvements, c) an easement agreement for UCSF utilities under Fourth Street between 16th Street and Mission Bay Boulevard South, d) easement agreements for sidewalk curb ramps, for public pedestrian passage, and City utilities over certain property within the UCSF campus, and e) a lease of subsurface and air space for UCSF improvements above and below certain segments of Fourth Street between Sixteenth and Mariposa Streets on State Trust property; 2) accepting offers of real property and public improvements along such streets and portions of Mariposa Street for street widening, turning radii and right turn lane purposes; 3) making environmental findings and findings of consistency with the City’s General Plan, the eight priority policy findings of Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; 4) accepting Department of Public Works Order; and 5) authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING by the following vote: play video

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

Noes: None

Absent: Olague

120676 [Resolution of Intent - Street Vacation - San Francisco Wholesale Produce Market - Portions of Jerrold and Kirkwood Avenues, Selby, Rankin, and Milton I. Ross Streets, and Lettuce Lane] Sponsors: Cohen; Mayor Resolution: 1) declaring the intention of the Board of Supervisors to vacate Jerrold Avenue between Rankin Street and Toland Street, Milton I. Ross Street between Innes Avenue and Kirkwood Avenue, Kirkwood Avenue between Rankin Street and the proposed boundary of the San Francisco Wholesale Produce Market, Lettuce Lane between Jerrold Avenue and Kirkwood Avenue, portions of Selby Street between Innes Avenue and Kirkwood Avenue, and a portion of Rankin Street between Jerrold Avenue and Innes Avenue for purposes of the San Francisco Wholesale Produce Market Retention and Expansion, subject to certain conditions; and 2) setting the hearing date for all persons interested in the proposed vacation of said public right-of-way. Resolution No. 247-12 ADOPTED by the following vote: play video

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

Noes: None

Absent: Olague

120719 [Real Property Lease Amendment - 720 Sacramento Street] Sponsor: Chiu Resolution authorizing the amendment of the lease at 720 Sacramento Street for the Department of Public Health to extend the term by one year. (Fiscal Impact) Resolution No. 252-12 ADOPTED by the following vote: play video

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

Noes: None

Absent: Olague

120707 [Accept and Expend Grant - Arts Education Grant - $18,000] Sponsor: Wiener Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $18,000 from the MetLife Foundation Partners in Arts Education Grant Program for the WritersCorps Program. Resolution No. 248-12 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

120711 [Committee of the Whole - Hearing on the Report of Assessment Costs for Blighted Properties] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 26, 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 inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board related to File No. 120711. There were no speakers. Motion No. M12-077 APPROVED by the following vote: play video

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

Noes: None