Board of Supervisors Minutes: March 19, 2013

130212 [Appointment, Bicycle Advisory Committee - Marc Brandt] Motion appointing Marc Brandt, term ending November 19, 2014, to the Bicycle Advisory Committee. (Clerk of the Board) Motion No. M13-045 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

130001 [General Plan Amendments - Western South of Market Area Plan] Ordinance amending the General Plan, by adding the Western South of Market (SoMa) Area Plan, generally bounded on its western portion by 7th Street, Mission Street, Division Street, and Bryant Street, and on its eastern portion by 7th Street, Harrison Street, 4th Street, and Townsend Street; making conforming amendments to the Housing, Commerce and Industry, and Recreation and Open Space Elements, the Land Use Index, and the SoMa, East SoMa, Mission, Showplace Square/Potrero, and Central Waterfront Area Plans; and making environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code, Section 101.1. (Planning Department) Ordinance No. 041-13 FINALLY PASSED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang

Noes: Wiener

Excused: Farrell, Yee

130002 [Planning Code - Implementing the Western South of Market Area Plan] Sponsor: Kim Ordinance amending the Planning Code, by adding and amending various sections to implement the goals, objectives, and policies of the Western South of Market Area Plan, bounded generally by 7th Street, Mission Street, Division Street, and Bryant Street on the western portion of the plan area, and 7th Street, Harrison Street, 4th Street, and Townsend Street on the eastern portion of the plan area; and making findings, including environmental findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code, Section 101.1. Ordinance No. 042-13 FINALLY PASSED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang

Noes: Wiener

Excused: Farrell, Yee

130003 [Zoning Map - Height and Bulk Revisions to the Western South of Market Area Plan] Sponsor: Kim Ordinance amending Zoning Map Sheets ZN01, ZN07, ZN08, HT01, HT07, and HT08 to revise use districts and height and bulk districts within the Western South of Market Plan Area; and making environmental findings, Planning Code, Section 302, findings, and findings of consistency with the General Plan and Planning Code, Section 101.1. Ordinance No. 043-13 FINALLY PASSED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang

Noes: Wiener

Excused: Farrell, Yee

130004 [Administrative Code - Adding Western South of Market Area Plan to Eastern Neighborhoods Area Plan Monitoring Program] Sponsor: Kim Ordinance amending the Administrative Code, Section 10E.2, to integrate the Western South of Market (SoMa) Area Plan into the Eastern Neighborhoods Monitoring Program for purposes of reviewing the effectiveness of the Western SoMa Area Plan and inclusion of the Western SoMa Area Plan into the Eastern Neighborhoods reporting requirement, Eastern Neighborhoods capital expenditures plan, and the Eastern Neighborhoods Citizens Advisory Committee; and making environmental findings. Ordinance No. 044-13 FINALLY PASSED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang

Noes: Wiener

Excused: Farrell, Yee

130173 [Adjusting the Access Line Tax with the Consumer Price Index of 2013] Sponsor: Mayor Resolution concurring with the Controller’s establishment of the Consumer Price Index for 2013, and adjusting the Access Line Tax by the same rate. Resolution No. 085-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

130175 [Accept and Expend Grant - Keys to Freedom Program - $599,894] Sponsor: Breed Resolution authorizing the Sheriff’s Department to retroactively accept and expend $599,894 in funds from the U.S. Department of Justice, Office of Justice Programs, through the Second Chance Act Reentry Program for adult offenders with co-occurring substance abuse and mental health disorders, for The Keys to Freedom Program to increase public safety, and reduce recidivism among incarcerated and recently released women and transgendered adults in the City and County of San Francisco; and waiving any indirect costs for the period of October 1, 2012, through September 30, 2014. Resolution No. 086-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

130188 [Accept and Expend Grant - Trust for Public Land - $3,350,000] Sponsor: Kim Resolution authorizing the Recreation and Park Department to retroactively accept and expend a grant of up to $3,350,000 from the Trust for Public Land for the design and construction of improvements to Father Alfred E. Boeddeker Park for the period of August 13, 2012, through March 3, 2014. Resolution No. 087-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

130062 [Planning, Administrative Codes, Zoning Map - Miscellaneous Technical Amendments, Fee Changes, Clarifications, and Corrections] Sponsor: Tang Ordinance amending the Planning and Administrative Codes to correct errors; make language revisions and updates; revise graphics to be consistent with text; amend fees to be charged for certain kinds of applications and appeals; clarify the meaning of certain Planning Code sections; amend the Zoning Map to remove the incorrect Chinese Hospital Special Use District designation from Assessor’s Block No. 0192, Lot No. 041; and adopt findings, including findings under the California Environmental Quality Act, and Planning Code, Section 302, and findings of consistency with the General Plan and Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

130181 [Administrative Code - Exceptions to Seismic Safety Loan Program Requirements for a $2,379,464 Loan to Hotel Isabel, 1091 Mission Street] Sponsor: Kim Ordinance approving exceptions to requirements of the Seismic Safety Loan Program (SSLP) under the Administrative Code and the SSLP Program Regulations, regarding a $2,379,464 loan for an existing affordable housing project at the Hotel Isabel located at 1091 Mission Street. PASSED ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

121063 [Liquor License Transfer - 717 Battery Street] Resolution determining that the transfer of a Type 57 special on-sale general license from 4461 Mission Street to 717 Battery Street (District 3), to MXB Battery Operations, L.P., for The Battery, will serve the public convenience and necessity of the City and County and San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 081-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

121083 [Liquor License - 1 Polk Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Andrew and Jennifer Hall for The Beer Hall, LLC, located at 1 Polk Street (District 6), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 082-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

121140 [Liquor License Transfer - 2001 Market Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 1169 Market Street to 2001 Market Street (District 8), to Whole Foods Market California, Inc., for the Whole Foods Market, will serve the public convenience and necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 083-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

120899 [Municipal Elections Code - Miscellaneous Amendments] Sponsor: Kim Ordinance amending the Municipal Elections Code, Sections 100, 110, 200, 205, 220, 230, 260, 335, 500, and 590, and adding Section 810, to: incorporate state law provisions governing Community College and Board of Education candidates; change deadlines for withdrawal of candidacy and candidate qualification statements; change the public inspection period for candidate materials; change requirements for petition circulator badges; delete the requirement that a disclaimer appear before Board of Supervisors’ arguments in the Voter Information Pamphlet; incorporate state law provisions governing signatures in lieu of filing fees; reinstate candidate filing fee provisions; and make other technical amendments. Supervisor Kim, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED on Page 16, to delete Lines 12 and 13. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

121156 [Appointment, Reentry Council - Robert Bowden] Motion appointing Robert Bowden, term ending July 17, 2013, to the Reentry Council. (Clerk of the Board) (Supervisor Cohen dissented in Committee.) Motion No. M13-046 APPROVED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

130115 [Appointment, Port Commission - Mel Murphy] Motion confirming the Mayor’s appointment of Mel Murphy, term ending May 1, 2016, to the Port Commission. (Mayor) Supervisor Wiener, seconded by Supervisor Breed, moved that this Motion be CONTINUED to March 26, 2013. The motion carried by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

Supervisor Cohen Excused from Voting Supervisor Mar, seconded by Supervisor Wiener, moved to excuse Supervisor Cohen from voting on File No. 130211. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Kim, Mar, Tang, Wiener

Noes: None

Excused: Cohen, Farrell, Yee

130211 [Appointment, Association of Bay Area Government Executive Board - Supervisor Malia Cohen] Motion amending Board of Supervisors Motion No. M13-031 to appoint Supervisor Malia Cohen to the Association of Bay Area Governments Executive Board, for a term ending June 30, 2013. (Clerk of the Board) Motion No. M13-047 APPROVED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Kim, Mar, Tang, Wiener

Noes: None

Excused: Cohen, Farrell, Yee

130258 [Approval of a 60 Day Extension for Planning Commission Review of Conversion of Student Housing Monitoring (File No. 120883)] Sponsor: Kim Resolution extending by 60 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 120883) amending the Planning Code, by adding Section 102.36.1, to establish an annual monitoring requirement for Student Housing conversions; to require a posting to announce that the report is available for public review; and to provide an enforcement mechanism for failure to submit the annual report; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code, Section 101.1. Resolution No. 089-13 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee

130257 [Anti-Arab and Anti-Muslim Bus Advertisements] Sponsors: Chiu; Avalos, Breed, Campos, Cohen, Kim, Mar and Yee Resolution standing with Muslim and Arab communities in the face of anti-Arab and anti-Muslim bus advertisements. Resolution No. 088-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener

Noes: None

Excused: Farrell, Yee