Board of Supervisors Minutes: February 7, 2012

111373 [Settlement of Lawsuit - City to Pay $238,000 for Subsurface Easement in Alameda County] Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against San Mateo County Transit District; Union Pacific Railroad Company; State of California, Department of Transportation; Union Sanitary District for the County of Alameda, State of California; and Does 1 through 100, to condemn and take by right of eminent domain a permanent subsurface easement of approximately 69,609 square feet in property owned by San Mateo County Transit District, located in Newark, California, commonly known as APNs 537-0551-020 and 537-0551-021-01; filed June 3, 2010, in Alameda County Superior Court, Case No. RG 10518243; entitled City and County of San Francisco v. San Mateo County Transit District; Union Pacific Railroad Company; State of California, Department of Transportation; Union Sanitary District for the County of Alameda, State of California; and Does 1 through 100. (City Attorney) Ordinance No. 025-12 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Excused: Campos

101055 [Environment Code - Checkout Bags and Checkout Bag Charge] Sponsors: Olague; Avalos and Campos Ordinance amending the San Francisco Environment Code by: 1) amending Section 1702 to extend the restrictions on checkout bags from supermarkets and chain pharmacies to all retail establishments and food establishments in the City and County of San Francisco, and clarify terms; 2) adding Section 1703.5 to require stores to add a checkout bag charge of 10 cents, if they provide a customer with a checkout bag; 3) setting an operative date of October 1, 2012; and 4) making environmental findings. (Economic Impact) Privilege of the floor was granted to Melanie Nutter, Director, Department of Environment, who provided an overview and responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Excused: Campos

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Campos

111248 [Regulations for Jane Warner and Harvey Milk Plazas] Sponsor: Wiener Ordinance: 1) approving regulations for Jane Warner Plaza at the intersection of Castro and 17th Streets and Harvey Milk Plaza adjacent to the intersection of Castro and Market Streets; and 2) authorizing official acts in connection with the regulations. Ordinance No. 022-12 FINALLY PASSED by the following vote:

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

Noes: Avalos, Kim, Mar, Olague

Excused: Campos

120045 [Revising Findings - Contract Approval for Design and Construction of New Fire Station - 935 Folsom Street] Sponsor: Kim Ordinance amending Ordinance No. 218-10 to revise the findings supporting the waiver of Chapter 6 of the Administrative Code for a Conditional Land Disposition and Acquisition Agreement between the City and the San Francisco Museum of Modern Art for the design and construction of the new fire station to be located at 935 Folsom Street, San Francisco, California. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Campos

120050 [Administrative Code - Health Service System Plans and Contribution Rates] Sponsor: Chu Ordinance amending the San Francisco Administrative Code, Chapter 16, Article XV, of Part 1, Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. PASSED ON FIRST READING by the following vote:

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

Excused: Campos

120051 [Establishing Monthly Contribution Amount to the Health Service Trust Fund] Sponsor: Chu Resolution establishing the monthly contribution amount to the Health Service Trust Fund. Resolution No. 044-12 ADOPTED by the following vote:

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

Excused: Campos

120002 [Accept and Expend Gift - Mayor's Fund for the Homeless] Resolution accepting bequest by the late Leila Boroughs, authorizing its expenditure by the Mayor's fund for the homeless for the purpose of assisting San Francisco's homeless and extending appreciation to Ms. Boroughs for her gift. (Human Services Department) Resolution No. 043-12 ADOPTED by the following vote:

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

Excused: Campos

120022 [Agreement - Motorola - Bay Area Regional Interoperable Communications Systems] Sponsors: Mayor; Farrell and Chu Resolution approving site access and use agreement with Motorola for the San Francisco sites to be used for the Bay Area 700 MHz public safety broadband spectrum to be managed and operated by the Bay Area Regional Interoperable Communications Systems for a term of 12 years; and making findings, including environmental findings. (Fiscal Impact) Supervisors Farrell and Chu requested to be added as co-sponsors. Privilege of the floor was granted to Anne Kronenberg, Director, Department of Emergency Management, and Jon Walton, Director, Department of Technology, who provided an overview and responded to questions raised throughout the discussion. Resolution No. 038-12 ADOPTED by the following vote:

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

Noes: Kim

Excused: Campos

111281 [Sidewalk Width Changes - Establishing a Streamlined Process for Certain Changes] Sponsors: Mayor; Wiener Ordinance: 1) amending Ordinance No. 1061 to grant authorization to the Director of the Public Works Department to approve certain changes to official sidewalk widths, as specified herein, that would streamline reviews and approvals for such changes and ensure consistency with the General Plan; 2) establishing fees for processing administrative sidewalk width changes; 3) adopting environmental findings; and 4) authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING by the following vote:

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

Excused: Campos

111305 [Planning Code Amendments - Glen Park Area Plan] Sponsor: Wiener Ordinance amending the San Francisco Planning Code by: 1) adding and amending various sections to implement the Glen Park Area Plan, bounded generally by Chenery Street to the north, Roanoke Street to the east, San Jose Avenue and Bosworth Street to the south, and Elk Street to the west; 2) creating a new Section 738.1, establishing zoning controls for the Glen Park Neighborhood Commercial Transit district; and 3) making findings, including environmental findings and findings of consistency with General Plan and with the Priority Policies of Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote:

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

Excused: Campos

111306 [Zoning Map Amendments - Glen Park Area Plan] Sponsor: Wiener Ordinance amending the City and County of San Francisco Zoning Map Sheets ZN11 and HT11 to: 1) create a new zoning district, and amend height and bulk districts within the Glen Park Area Plan, as proposed in the Glen Park Community Plan; and 2) making environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Department) Supervisor Wiener, seconded by Supervisor Olague, moved that this Ordinance be AMENDED on Page 2, Lines 1 and 2, by replacing 'Motion' with 'Ordinance'; Line 4 by deleting 'of said Motion'. The motion carried by the following vote:

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

Excused: Campos

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Campos

111307 [General Plan Amendments - Glen Park Area Plan] Ordinance amending the San Francisco General Plan by adding the Glen Park Area Plan; and making findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote:

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

Excused: Campos

120033 [Confirming Appointment, City Administrator - Naomi Kelly] Sponsor: Mayor Motion confirming the Mayor's appointment of Naomi Kelly to a five-year term as City Administrator under Charter Section 3.104. Motion No. M12-019 APPROVED by the following vote:

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

Excused: Campos

111330 [Charter Amendment - Consolidating Odd-Year Municipal Elections] Sponsor: Wiener Charter Amendment (First 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. Supervisor Wiener, seconded by Supervisor Cohen, moved that this Charter Amendment be DUPLICATED, AMENDED, and CONTINUED AS AMENDED to February 14, 2012. The motion FAILED by the following vote:

Ayes: Wiener

Noes: Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague

Excused: Campos

Supervisor Wiener, seconded by Supervisor Cohen, moved that this Charter Amendment be CONTINUED to February 14, 2012. The motion carried by the following vote:

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

Excused: Campos

120006 [Approving Planning Commission Decision Related to Conditional Use Authorization - 601-14th Avenue] Motion approving decision of the Planning Commission by its Motion No. 18503, approving Conditional Use Authorization identified as Planning Case No. 2011.0198C on property located at 601-14th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion FAILED by the following vote:

Ayes: Chiu, Kim, Mar

Noes: Avalos, Chu, Cohen, Elsbernd, Farrell, Olague, Wiener

Excused: Campos

Motion No. M12-021 Supervisor Elsbernd, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Mar

Excused: Campos

120007 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 601-14th Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18503, approving Conditional Use Authorization identified as Planning Case No. 2011.0198C on property located at 601-14th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Avalos, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Chiu, Kim, Mar

Noes: Avalos, Chu, Cohen, Elsbernd, Farrell, Olague, Wiener

Excused: Campos

Supervisor Elsbernd, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar

Excused: Campos

120008 [Preparation of Findings Related to the Conditional Use Authorization - 601-14th Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2011.0198C on property located at 601-14th Avenue. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Avalos, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Chiu, Kim, Mar

Noes: Avalos, Chu, Cohen, Elsbernd, Farrell, Olague, Wiener

Excused: Campos

Supervisor Elsbernd, seconded by Supervisor Farrell, TABLED by the following vote:

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

Noes: Mar

Excused: Campos

120073 [Appointment, Planning Commission - Cindy Wu] Motion approving the President of the Board of Supervisors, Supervisor David Chiu's nomination of Cindy Wu to the Planning Commission, for the term ending July 1, 2012. (Clerk of the Board) (Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - January 27, 2012) Motion No. M12-020 APPROVED by the following vote:

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

Excused: Campos

120074 [Appointment, Board of Appeals - Arcelia Hurtado] Motion approving the President of the Board of Supervisors, Supervisor David Chiu's nomination of Arcelia Hurtado to the Board of Appeals, for the term ending July 1, 2012. (Clerk of the Board) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - January 27, 2012) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to February 14, 2012. The motion carried by the following vote:

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

Excused: Campos

111212 [Charter Amendment - Replacing Ranked-Choice Voting with Run-Off Elections] Sponsors: Farrell; Elsbernd Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections 13.101, 13.101.5, 13.102, and 13.107 and Article XVII to replace ranked-choice voting with run-off elections. Supervisor Avalos, seconded by Supervisor Elsbernd, moved that this Charter Amendment be CONTINUED to February 14, 2012. The motion carried by the following vote:

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

Excused: Campos

111329 [Charter Amendment - Consolidation of City Elections and Ranked-Choice Voting] Sponsors: Campos; Avalos Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Sections 2.101, 13.101, 13.102, 13.103.5, and Article XVII to: 1) consolidate odd-year elections for City elective offices to a single year and 2) increase voter education and clarify implementation of ranked-choice voting. Supervisor Avalos, seconded by Supervisor Elsbernd, moved that this Charter Amendment be CONTINUED to February 14, 2012. The motion carried by the following vote:

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

Excused: Campos

120096 [Accept and Expend Grant - Longitudinal Research to Assess HIV Risk and Resilience Among Transgender Female - $93,187] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $93,187 from the Public Health Foundation Enterprises, to participate in a program entitled “Longitudinal Research to Assess HIV Risk and Resilience Among Transgender Female” for the period of July 18, 2011, through May 31, 2012. Resolution No. 045-12 ADOPTED The foregoing items were acted upon by the following vote:

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

Excused: Campos