January 26, 2009

City and County of San Francisco
Land Use and Economic Development Committee City Hall, Room 263

Meeting Agenda
Monday, January 26, 2009
1:00 PM
Regular Meeting

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Members: Sophie Maxwell, Eric Mar, David Chiu

Clerk: Linda Laws (415) 554-4441

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		Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report

		Each member of the public will be allotted the same maximum number of minutes to speak as set by the Chair at the beginning of each item, excluding City representatives, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting.

	AGENDA CHANGES

	REGULAR AGENDA

1.	081581	[Approval of Port Lease to Pilara Family Foundation Lease No. L14144 at Pier 24 Annex]
		Resolution approving Port Commission Lease No. L-14144 with the Pilara Family Foundation, a Nevada Non-Profit Corporation ( Pilara ) for certain real property located at Pier 24 Annex in the City and County of San Francisco. (Port)
		12/17/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

2.	081601	[Accept Local Gift of Services - $430,000]	Supervisor Maxwell
		Resolution authorizing the Port of San Francisco to accept a gift of services with an estimated value of $430,000 from the Copra Crane Labor Landmark Association, a non-profit organization, for the restoration and preservation of the Port of San Francisco's  Copra Crane, located at Pier 84.
		12/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

3.	081356	[Zoning Map Amendment - 483 Bosworth Street, also known as 1 Lyell Street]
		Ordinance amending the San Francisco Planning Code by amending Sheet 11 of the Zoning Map of the City and County of San Francisco to change the zoning of the property located at 483 Bosworth Street, also known as 1 Lyell Street, Assessor's Block 6753, Lot 063 from P (Public) to RH-2 (Residential, House Districts, Two-Family); adopting findings, including environmental findings and findings of consistency with the General Plan and Priorities of Planning Code Section 101.1(b). (Planning Department)
		9/30/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 11/27/2008.

4.	081602	[Transferring streetscape improvements along Fillmore Street from the SFRA to the City]	Supervisor Mirkarimi
		Resolution terminating a Major Street Encroachment Permit and recognizing the termination of three Minor Street Encroachment Permits and Public Work Order No. 172,568, all pertaining to the installation and maintenance of streetscape improvements along portions of Fillmore Street between Post and McAllister Streets and transferring the ongoing maintenance responsibility for the streetscape improvements from the San Francisco Redevelopment Agency to the City in exchange for 1.8 million dollars.
		12/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

5.	081380	[Zoning -Urgency Ordinance Imposing an Interim Zoning Moratorium on Tobacco Paraphernalia Establishments in the Haight Street Neighborhood Commercial District]	Supervisor Mirkarimi
		Urgency Ordinance imposing an interim zoning moratorium to temporarily prohibit new Tobacco Paraphernalia Establishments, as defined, subject to specified exceptions, in the Haight Street Neighborhood Commercial District and in all properties zoned NC-1 (Neighborhood Commercial Cluster District) and NC-2 (Small-Scale Neighborhood Commercial District) along Haight Street, for 45 days, and making findings, including findings of consistency with the Priority Policies of Planning Code Section 101.1 and environmental findings.
		10/28/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
		10/30/08, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review.
		11/3/08, RESPONSE RECEIVED. Planning Department - Non-physical per Section 15060(c)(2) of the CEQA Guidelines.
		11/4/08, REFERRED TO DEPARTMENT. Referred to Small Business Commission for review and recommendation.
		12/9/08, RESPONSE RECEIVED. Small Business Commission voted unanimously to recommend approval.

6.	081225	[Hayes Street two-way restoration]	Supervisor Mirkarimi
		Hearing on the status of the Municipal Transportation Agency's restoration of Hayes Street to a two-way thoroughfare pursuant to Board of Supervisors Resolution No. 619-07.
		9/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

7.	080822	[Residential Rent Ordinance: Tenant Rights for Victims of Domestic Violence or Stalking]	Supervisors Chu, Dufty, Maxwell, Alioto-Pier
		Ordinance amending Chapter 37 Residential Rent Stabilization and Arbitration Ordinance by making Findings and amending Sections 37.2 and 37.9 to provide protections for tenants who are victims of domestic violence or sexual assault or stalking, including protection from evictions based on the actions of abusers or stalkers, and confidentiality protections.
		6/10/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 7/10/2008.
		6/13/08, REFERRED TO DEPARTMENT. Referred to City Attorney to approve as to form.
		12/15/08, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Heard in Committee. Speaker: Katy Tang, Legislative Assistant to Supervisor Chu. 12/15/08 Amendment of the whole bearing new title.
		12/15/08, CONTINUED TO CALL OF THE CHAIR AS AMENDED.

	ADJOURNMENT

	IMPORTANT INFORMATION
		NOTE: Persons unable to attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the agenda items above. These comments will be made a part of the official public record and shall be brought to the attention of the Board of Supervisors. Any written comments should be sent to: Committee Clerk of the Land Use and Economic Development Committee, San Francisco Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102 by 5:00 p.m. on the day prior to the hearing. Comments which cannot be delivered to the committee clerk by that time may be taken directly to the hearing at the location above.

		NOTE: Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the general plan amendments or planning code and zoning map amendments described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

	LEGISLATION UNDER THE 30-DAY RULE

	(Not to be considered at this meeting)
		Rule 5.40 provides that when an ordinance or resolution is introduced which would CREATE OR REVISE MAJOR CITY POLICY, the committee to which the legislation is assigned shall not consider the legislation until at least thirty days after the date of introduction. The provisions of this rule shall not apply to the routine operations of the departments of the City or when a legal time limit controls the hearing timing. In general, the rule shall not apply to hearings to consider subject matter when no legislation has been presented, nor shall the rule apply to resolutions which simply URGE action to be taken.

	090024	[Modifies the cap on the amount that an individual production can receive under the Film Rebate Program, eliminates partial rebate of hotel and sales tax and extends the Program to June	Supervisors Alioto-Pier, Dufty
		Ordinance amending Administrative Code Section 57.8 by changing the cap on individual rebates from the total amount of taxes that the production paid to the City, to $600,000, modifying the definition of "qualified production cost" by eliminating fees and hotel and sales taxes from that definition, and extending the Film Rebate Program for two more years, until June 2011.
		1/13/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/12/2009.

	090026	[Building Code - Certificate of Occupancy Issued for Changes to an Existing Building]	Supervisor Mirkarimi
		Ordinance amending the San Francisco Building Code by amending Section 109A to provide that any certificate of occupancy for a building or structure that is issued subsequent to the first certificate of occupancy shall be an amended certificate of occupancy that includes a reference to the date of the first certificate of occupancy and any subsequent certificates of occupancy that have been issued.
		1/13/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/12/2009.
		1/15/09, REFERRED TO DEPARTMENT. Referred to Building Inspection Commission for review and comment; referred to Planning Department for environmental review.

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board has several standing Committees where ordinances and resolutions are the subject of hearings at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience at a Committee meeting to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar sound-producing electronic devices; 3) signs to be brought into the meeting or displayed in the room; 4) standing in the meeting room. Citizens are encouraged to testify at Committee meetings and to write letters to the Clerk of a Committee or to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bos_meetings Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188. Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability Access

The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, N, and T (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. The Sunshine Ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102 by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics