Board of Supervisors Minutes: February 27, 2007

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, February 27, 2007 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors AARON PESKIN, PRESIDENT MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, ED JEW, SOPHIE MAXWELL, JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL Members Present: Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Sean Elsbernd, Ed Jew, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval. Members Excused: None. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:04 p.m. On the call of the roll Supervisors Alioto-Pier and Maxwell were noted absent. There was a quorum. Supervisors Alioto-Pier and Maxwell were noted present at 2:07 p.m. APPROVAL OF MEETING MINUTES Supervisor Jew, seconded by Supervisor Mirkarimi, moved to approve the January 30, 2007 Board Meeting Minutes. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board TABLED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval CONSENT AGENDA Recommendations of the City Operations and Neighborhood Services Committee 070016 [Juvenile Probation and Camps Funding Program Agreement-Juvenile Probation Department] Supervisor Dufty Resolution authorizing the Juvenile Probation Department to participate in the Juvenile Probation and Camps Funding Program used to pay for direct services to children. Enacted Number: 87-07 ADOPTED 070017 [Grant of Regional Funds - Municipal Transportation Agency] Supervisor Daly Resolution authorizing the Municipal Transportation Agency to accept and expend $49,000 of Regional Measure 2 funds for Safe Routes to Transit project. Enacted Number: 88-07 ADOPTED 070018 [Accept-Expend Federal and State Grants - Municipal Transportation Agency] Supervisor Maxwell Resolution authorizing the Municipal Transportation Agency to accept and expend a Caltrans Safe Routes to School grant in the amount of $423,000 for implementation of the Buena Vista Safe Routes to School Project. Enacted Number: 89-07 ADOPTED 070019 [Accept-Expend Grant - Visitacion Valley CRN] Supervisor Maxwell Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $444,253 from the Department of Justice, for a program entitled "San Francisco's Visitacion Valley Community Response Network" for the period July 1, 2006 to December 31, 2007. Enacted Number: 86-07 ADOPTED Recommendations of the Land Use and Economic Development Committee 061514 [Zoning Map Amendment for 18 Arago Street] Ordinance amending Sheet 11 of the Zoning Map of the City and County of San Francisco for property located at 18 Arago Street, Assessor's Block 3154 Lot 063, to change the use district classification from P (Public Use) to RH-1 (Residential House, One-Family); adopting findings pursuant to the California Environmental Quality Act and making findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Planning Department) Enacted Number: 40-07 FINALLY PASSED 061546 [Summary Vacation of Sewer, Water and Utility Easements Within Assessor's Block 2864, Lot 001 and Sale to Owner of Assessor's Block 2864, Lot 001 Upon Conditions] Ordinance ordering the summary vacation of six recorded sewer, water and utility easements located within Assessor's Block 2864, Lot 001, on land commonly known as 300 Laguna Honda Boulevard, subject to specified conditions; adopting findings pursuant to the California Streets and Highways Code Section 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation and sale by quitclaim are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; authorizing the conveyance of the City's interest in the vacated easements to the fee owners of Assessor's Block 2864, Lot 001, upon satisfaction of conditions set forth in companion Ordinance No.8-07 on file with the Clerk of the Board of Supervisors in File No. 061545; and ratifying and authorizing actions in furtherance of the ordinance. (Real Estate Department) Enacted Number: 37-07 FINALLY PASSED Recommendation of the Public Safety Committee 070184 [Appropriating $24,840 of General Fund Reserve to Purchase and Install Two Safety Cameras in the Department of Telecommunications and Information Services for Fiscal Year 2006-2007] Supervisors Mirkarimi, Dufty Ordinance appropriating $24,840 of General Fund Reserve to purchase and install two community safety cameras at Haight and Webster Streets in the Department of Telecommunications and Information Services for Fiscal Year 2006-2007. PASSED ON FIRST READING Recommendations of the Rules Committee 061439 [Raising the amount of the City Attorney's settlement authority regarding claims made by minors from $1,500 to $5,000] Supervisor Peskin Ordinance amending the San Francisco Administrative Code, by amending Section 10.22-1 to raise the amount of the City Attorney's settlement authority regarding claims made by minors from $1,500 to $5,000. Enacted Number: 38-07 FINALLY PASSED 070005 [Settlement of Lawsuit - Pacific Gas and Electric Company v. CCSF] Ordinance authorizing settlement of the lawsuit filed by Pacific Gas & Electric ("PG&E") against the City and County of San Francisco for $6,700; the lawsuit was filed on May 4, 2005 in San Francisco Superior Court, Case No. CGC-05-440982; entitled Pacific Gas and Electric Company v. City and County of San Francisco; other material terms of said settlement are set forth in the Stipulated Judgment and Final Order of Condemnation, contained in Board of Supervisors File No. 070005. (City Attorney) Enacted Number: 41-07 FINALLY PASSED 070120 [Transition Period for Implementation of Paid Sick Leave Ordinance] Supervisors Elsbernd, Peskin, Jew, Alioto-Pier Ordinance adding Section 12W.17 to the Administrative Code to establish 120-day Transition Period (from February 5 through June 5, 2007) to implement Paid Sick Leave Ordinance, by providing that (1) an employer may delay payment of required paid sick leave until June 6, 2007, and (2) administrative penalties, compensatory costs to the City, liquidated damages, and attorneys' fees may not be awarded for a failure to pay required sick leave during the Transition Period. Enacted Number: 35-07 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee 060897 [Bond TEFRA Approval Policy] Supervisors Maxwell, Peskin, Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Chapter 43.9, Sections 43.9.1 through 43.9.6, to adopt findings and a City policy requiring housing project sponsors to comply with certain City contracting programs and other conditions in connection with the issuance of revenue bonds by joint exercise of powers authorities to finance private affordable housing projects within the City; and adopting a City policy regarding the review and approval of the issuance of revenue bonds by joint exercise of powers authorities to finance projects within the City other than private affordable housing projects. Supervisor Mirkarimi added as a co-sponsor. Enacted Number: 36-07 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NEW BUSINESS Recommendations of the Budget and Finance Committee 061533 [Sale of Vacant City Property on Alemany Boulevard near Ocean Avenue] Supervisors Sandoval, Peskin, Daly, Mirkarimi, Dufty Ordinance ordering the sale of City-owned property located on Alemany Boulevard, between Ocean Avenue and Onondaga Avenue, commonly known as Assessor's Block Number 6954, Lot 11C; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting findings that Administrative Code Chapter 23A does not apply to such sale; and authorizing other actions in furtherance of this ordinance. Supervisors Dufty and Mirkarimi added as co-sponsors. Continued to March 6, 2007. Supervisor Daly, seconded by Supervisor Elsbernd, moved that this Ordinance be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070123 [Appropriating $641,973 of General Fund Reserve to backfill reduced federal funding for A.I.D.S. Services for the Department of Public Health for Fiscal Year 2006-2007] Supervisors Daly, Ammiano, Dufty, Mirkarimi Ordinance appropriating $641,973 of General Fund Reserve to backfill the reduction of earmarked A.I.D.S. services funding from the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, in the Department of Public Health for Fiscal Year 2006-2007. (Fiscal impact.) Supervisor Mirkarimi added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Jew 070127 [Appropriating $100,000 of General Fund Reserve to develop a Comprehensive A.I.D.S. Planning Process in the Department of Public Health for Fiscal Year 2006-2007] Supervisors Dufty, Ammiano, Daly, Mirkarimi Ordinance appropriating $100,000 of General Fund Reserve to develop a Comprehensive A.I.D.S. Planning Process for the City and County of San Francisco in the Department of Public Health for Fiscal Year 2006-2007. Supervisor Mirkarimi added as a co-sponsor. Supervisor Elsbernd, seconded by Supervisor Jew, moved to refer File No. 070127 to committee. Motion to refer this matter to committee failed by the following vote: Ayes: 4 - Elsbernd, Jew, McGoldrick, Sandoval Noes: 7 - Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, Mirkarimi, Peskin PASSED ON FIRST READING by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 2 - Elsbernd, Jew 070135 [Recreation and Park-Deadline for Hamilton Playground design] Supervisor Mirkarimi Ordinance amending Ordinance 79-06 which appropriated General Fund money for certain Recreation and Park capital projects and set a deadline of February 28, 2007, for the completion of the design phase of the Hamilton Playground, Recreation Center and Pool, to extend the deadline for the design phase of the Hamilton Playground, Recreation Center and Pool to May 15, 2007. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070177 [Appropriating $1,344,490 for Geneva Avenue Car Barn Repairs and Alemany Boulevard Greening Projects in Recreation and Park and Public Works for Fiscal Year 2006-2007] Supervisors Daly, Sandoval, Dufty, Ammiano, Mirkarimi Ordinance appropriating $1,344,490 from the General Fund Reserve to support $1,044,490 for repairs to the Geneva Avenue Car Barn in the Department of Recreation and Park and $300,000 for Alemany Boulevard greening projects in the Department of Public Works for Fiscal Year 2006-2007. (Fiscal Impact.) Supervisor Mirkarimi added as a co-sponsor. Supervisor Daly, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Ordinance appropriating $1,074,490 of Capital & One-Time Spending Rainy Day Reserve and $270,000 of Recreation and Park Savings Incentive Reserve to support $1,044,490 for repairs to the Geneva Avenue Car Barn in the Department of Recreation and Park and $300,000 for Alemany Boulevard greening projects in the Department of Public Works for Fiscal Year 2006-2007. (Fiscal Impact.) Continued to March 6, 2007 to be heard as a committee of the whole. CONTINUED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 061664 [Airport Lease and Operating Agreement] Resolution approving the exercise of the first of five one-year options to extend the term of Smarte Carte, Inc.'s Luggage Cart Lease and Operating Agreement No. 01-0343. (Airport Commission) (Fiscal Impact.) Enacted Number: 96-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070066 [Prevailing rate of wages for City contracts for hauling of solid waste generated by City operations] Supervisor Daly Resolution fixing prevailing wage rates for workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City. (Civil Service Commission) Enacted Number: 95-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 061534 [Appropriating $850,000 of Property Sale Proceeds for Homeless and Low-Income Housing to the Mayor's Office of Housing for Fiscal Year 2006-2007] Supervisors Sandoval, Peskin, Daly, Dufty, Mirkarimi Ordinance appropriating $850,000 from the Sale of Surplus Property for Homeless and Low-Income Housing in the Mayor's Office of Housing for Fiscal Year 2006-2007. (Fiscal Impact.) Supervisors Dufty and Mirkarimi added as co-sponsors. Continued to March 6, 2007. CONTINUED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070117 [Administrative Code Revision: Health Service System] Supervisor Elsbernd Ordinance amending Chapter 16, Article XV, of Part 1 of the San Francisco Municipal (Administrative) Code by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. (Fiscal impact.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Sandoval Noes: 1 - Peskin 070118 [Establishing Monthly Contribution Amount] Supervisor Elsbernd Resolution establishing monthly contribution amount to Health Service Trust Fund. (Fiscal impact.) Enacted Number: 91-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Sandoval Noes: 1 - Peskin 070185 [Public Employment - City Planning Commission (CPC)] Supervisor Peskin Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the amendment of the Administrative Provisions to add Section 2.5 and classification and salary for the Board/Commission Members for the City Planning Commission (CPC). PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070214 [Multifamily Housing Revenue Bonds - Arnett Watson Apartments] Supervisor Daly Resolution authorizing the issuance and delivery of multifamily housing revenue bonds (as defined herein) in an aggregate principal amount not to exceed $19,500,000 for the purpose of providing financing for a multifamily rental housing project; approving the form of and authorizing the execution of an indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a financing agreement; approving the form of and authorizing the execution of a bond purchase agreement; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this resolution; and related matters. Enacted Number: 83-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the City Operations and Neighborhood Services Committee 070020 [Public Works Code - Garbage Receptacles] Supervisor McGoldrick Ordinance amending Public Works Code Section 170 to delete the waiver provisions concerning placement of garbage receptacles on the public right-of-way; and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070100 [State grant funds for mosquito control] Supervisor Elsbernd Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant in the amount of $30,000 from the California Department of Health Services to mitigate the threat of West Nile virus transmission through mosquito control activities, for the period of July 1, 2006 to June 30, 2007. (Public Health Department) Enacted Number: 97-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendation of the Government Audit and Oversight Committee 070014 [Unrepresented Employees] Mayor Ordinance Amending the 2006-07 Ordinance Fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2006. 2/26/07 - Amended on page 29, line 12 to replace "falls" with "fails". Supervisor Maxwell, seconded by Supervisor Jew, moved that this Ordinance be AMENDED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Government Audit and Oversight Committee Without Recommendation 070015 [MOU, Amendment No. 1 - Union of American Physicians and Dentists (Unit 8CC)] Mayor Ordinance adopting and implementing Amendment No. 1 to the Memorandum of Understanding between the City and County of San Francisco and the Union of American Physicians and Dentists (Unit 8CC) implementing wage and compensation provisions, to be effective July 1, 2007 through June 30, 2009. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Land Use and Economic Development Committee 051844 [Planning Code-General Advertising Signs Enforcement Provisions] Supervisor Peskin Ordinance amending the San Francisco Planning Code by amending Section 610 regarding the enforcement provisions for general advertising sign violations, by, among other things, deeming violations of this section a public nuisance, defining "Responsible Party", amending the penalty accrual, amount and collection provisions, requiring building permits for compliance work, providing for reconsideration hearings before an administrative law judge, and establishing a hearing fee; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. The motion to Pass File No. 051844 on First Reading passed by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Ammiano, seconded by Supervisor Maxwell, moved to rescind the vote on File No. 051844. Motion to rescind the vote on this matter passed by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Daly Supervisor Maxwell, seconded by Supervisor Ammiano, moved to amend File No. 051844. Motion to amend File No. 051844 passed by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Daly 2/26/07 - Amended on page 8, line 13 after the word "shall" add ",in a timely manner,". The motion to Pass File No. 051844 on First Reading as amended passed by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Daly Supervisor Ammiano, seconded by Supervisor McGoldrick, moved to rescind the vote on File No. 051844. Motion to rescind the vote on File No. 051844 passed by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew 2/26/07 - Further amended on page 6, line 8 to replace the word "commending" with commencing". Supervisor Alioto-Pier, seconded by Supervisor Ammiano, moved that this Ordinance be AMENDED. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Daly 061539 [Planning Code Enforcement Penalties, Fees, and Costs] Supervisor Peskin Ordinance amending the San Francisco Planning Code by amending Section 176 to provide for penalties for violation of the Planning Code of not less than $200 per day, to specify that the City Attorney may seek attorneys' fees and costs for all enforcement actions, and to provide that all such fees and costs collected shall be deposited in the Planning Code Enforcement Fund; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendation of the Rules Committee 070121 [Confirming the appointment of Cameron Beach to the Municipal Transportation Agency Board of Directors, term ending March 1, 2011] Mayor Resolution confirming the appointment of Cameron Beach to the Board of Directors of the Municipal Transportation Agency for a four-year term ending March 1, 2011. Enacted Number: 93-07 ADOPTED by the following vote: Ayes: 6 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Peskin, Sandoval Noes: 5 - Daly, Jew, Maxwell, McGoldrick, Mirkarimi Called from the City Operations and Neighborhood Services Committee 061565 [Reducing the cost of adult MUNI Fast Passes for 18-24 year olds] Supervisor McGoldrick Resolution urging the Municipal Transportation Agency (MTA) to reduce the cost of monthly adult MUNI fast passes for transitional aged young adults ages 18 to 24 years old. Continued to March 6, 2007. Supervisor McGoldrick, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 7 - Ammiano, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 4 - Alioto-Pier, Daly, Elsbernd, Jew SPECIAL ORDER 3:00 P.M. 061518 [Hearing - Vacation and immediate quitclaim of a sewer easement and vacation and delayed quitclaim of a water line easement in former Hubbell Street (a portion of Assessor's Block 8709, Lot Hearing of persons interested in or objecting to proposed Ordinance ordering the vacation of a 10-foot wide water line easement and a 20-foot wide sewer easement in former Hubbell street, within the Mission Bay South Redevelopment Project Area; authorizing an immediate quitclaim of the sewer easement and a delayed quitclaim of the water line easement of the City and County of San Francisco's rights and interest in the vacated areas; adopting findings that such actions are consistent with the City's General Plan, the eight priority policies of City's Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 176,502 ; and authorizing other official acts in connection with this ordinance. The President inquired as to whether or not any member of the public wished to address the Board. No public speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. From the Land Use and Economic Development Committee Without Recommendation 061517 [Vacation and immediate quitclaim of a sewer easement and vacation and delayed quitclaim of a water line easement in former Hubbell Street (a portion of Assessor's Block 8709, Lot 11] Supervisor McGoldrick Ordinance ordering the vacation of a 10-foot wide water line easement and a 20-foot wide sewer easement in former Hubbell street, within the Mission Bay South Redevelopment Project Area; authorizing an immediate quitclaim of the sewer easement and a delayed quitclaim of the water line easement of the City and County of San Francisco's rights and interest in the vacated areas; adopting findings that such actions are consistent with the City's General Plan, the eight priority policies of City's Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 176,502; and authorizing other official acts in connection with this ordinance. (Public Works Department) Enacted Number: 39-07 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty SPECIAL ORDER 3:30 P.M 070215 [Hearing - Ground Lease of Redevelopment Agency Land for Arnett Watson Apartments located at 650 Eddy Street] Hearing of persons interested in or objecting to proposed resolution approving the Redevelopment Agency of the City and County of San Francisco's lease of land at Assessor's Block 0740, Lot 045 (former Lots 11 and 12), San Francisco, California (the "Site"), to 650 EDDY, L.P., a California limited partnership, for 70 years (with an option for an additional 29 years) for the purpose of developing housing for very low income households; adopting findings pursuant to Section 33433 of the California Community Redevelopment Law. (Clerk of the Board) The President inquired as to whether or not any member of the public wished to address the Board. No public speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. 070216 [Ground Lease of Redevelopment Agency Land for Arnett Watson Apartments located at 650 Eddy Street] Supervisor Daly Resolution approving the Redevelopment Agency of the City and County of San Francisco's lease of land at Assessor's Block 0740, Lot 045 (former Lots 11 and 12), San Francisco, California (the "Site"), to 650 EDDY, L.P., a California limited partnership, for 70 years (with an option for an additional 29 years) for the purpose of developing housing for very low income households; adopting findings pursuant to Section 33433 of the California Community Redevelopment Law. Enacted Number: 84-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Daly SPECIAL ORDER 4:00 P.M. 070151 [Public Hearing - Appeal of Final Environmental Impact Report for SF Marina Renovation Project at 3950 Scott Street] Hearing of persons interested in or objecting to the Planning Commission's January 11, 2007, certification of a Final Environmental Impact Report identified as Planning File No. 2002.1192E, through its Motion No. 17357, for a proposed San Francisco Marina Renovation Project, located at 3950 Scott Street at Marina Boulevard, Assessor's Block 0900, Lot 003. (Appellant: Howard Strassner, on behalf of the Sierra Club San Francisco Group.) (Filed January 31, 2007; companion measure to Files 070151, 070152, 070153, 070154, District 2.) The President inquired as to whether or not the public wished to address the Board. Howard Strassner representing the Sierra Club, Appellant Speakers on behalf of the appellant: John Rizzo; male speaker; Leroy; Michael Alexander; Andy Thornley; Dan Clarke; Ron Mulcare; Nathaniel Berkowitz; Regina Caline; Eric Colin; male speaker; Luis Stillman; Betty Foote; Joan Girardot; male speaker; Allen Silverman; Gloria Santiano. Elaine Warren, Deputy City Attorney Paul Maltzer, Planning Sara Jones, Planning Yomi Agunbiade, General Manager, Recreation and Park Dept, project sponsor Speakers on behalf of the project sponsor: male speaker; Dick Robinson; Jack House; Brak Vin. Rebuttal Period: Howard Strassner representing the Sierra Club, Appellant The President declared the public hearing closed. HEARD AT PUBLIC HEARING. Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Environmental Impact Report 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. (Only one of the following two motions should be approved.) 070152 [Affirming certification of San Francisco Marina Renovation FEIR] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the San Francisco Marina Renovation Project. (Clerk of the Board) Continued to March 13, 2007. Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew 070153 [Disapproving certification of San Francisco Marina Renovation FEIR] Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the San Francisco Marina Renovation Project. Continued to March 13, 2007. Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew 070154 [Preparation of findings to disapprove certification of San Francisco Marina Renovation FEIR] Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the San Francisco Marina Renovation Project FEIR. (Clerk of the Board) Continued to March 13, 2007. Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, 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. The President or the Board may limit the total testimony to 30 minutes. 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. Abdullah Megaheed; expressed concern with issues relating to the homeless Dr. Noh; expressed concern with global warming James Chaffee; expressed concern with issues relating to the SF Public Library Eugene Gordon Jr.; expressed concern with free speech and discrimination Mark Drober; expressed concern with the Mayor's actions John DiDonna; expressed concern with issues related to communism and various religions Rodney; expressed concern with issues related to MUNI Mr. Rock; expressed concern with issues related to property in the Bayview Hunters Point, contractors, and the Redevelopment Agency Abdul Krebier; expressed concern with issues related to the SF Housing Authority John Holden; expressed concern with issues related to waste management companies FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee. 070219 [Accept-Expend Grant - Juvenile Probation Department] Supervisor Dufty Resolution authorizing the Juvenile Probation Department to accept and expend a grant in the amount of $29,140 from the Corrections Standards Authority for enhanced disproportionate minority contact technical assistance within the Juvenile Probation Department. Enacted Number: 90-07 ADOPTED 070221 [Resolution condemning the Immigration and Customs Enforcement (ICE) Raids, opposing proposed guest worker programs and supporting legalization programs for immigrants] Supervisors Daly, Sandoval, Ammiano Resolution condemning Immigration and Customs Enforcement (I.C.E.) raids, opposing guest worker programs, and supporting legalization programs for immigrants living in the United States. Enacted Number: 85-07 ADOPTED 070222 [Urging the United States Senate to restore federal funding to Public Housing programs.] Supervisors Sandoval, Dufty Resolution urging the United States Senate to restore federal funding to Public Housing Programs. Enacted Number: 92-07 ADOPTED 070235 [Final Map - 368 Elm Street] Motion approving Final Map 4074, a 29 Unit Mixed-Use Condominium Project, located at 368 Elm Street being a subdivision of Lot 31 in Assessors Block No. 0761 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 (Public Works Department) Enacted Number: M07-23 APPROVED The foregoing items were acted upon by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew Severed from For Adoption Without Committee Reference 070218 [Approval of Emergency Work - Midtown Park Apartments] Supervisor Mirkarimi Resolution authorizing the Director of the Mayor's Office of Housing ("MOH") to take all necessary measures to protect the health and safety of the residents of Midtown Park Apartments by performing emergency repairs to the heat and hot water systems, exterior staircases, and fire doors and by removing hazardous materials. Supervisor Mirkarimi requested that this item be severed from Adoption Without Committee Reference. Enacted Number: 94-07 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew 070220 [Urging The Planning Commission to initiate and recommend an amendment to the Housing Element of the General Plan] Supervisor McGoldrick Resolution urging the Planning Commission to initiate and recommend amendments to the Housing Element of the General Plan to provide that the Residential Inclusionary Affordable Housing Program should apply to housing developments of all sizes. Supervisor Elsbernd requested that this matter be referred to committee. REFERRED to the Land Use and Economic Development Committee. OFF-AGENDA LEGISLATION Ordinances 070254 [Appropriating $20,039,652 for San Francisco General Hospital, Laguna Honda Hospital and Health Access Program expenditures to the Department of Public Health for Fiscal Year 2006-2007] Supervisor Ammiano Ordinance appropriating $20,039,652 of sources, including $9,598,985 of additional San Francisco General Hospital patient revenue, $5,000,000 of San Francisco General Hospital prior year settlements, $3,354,090 of additional Laguna Honda Hospital Medi-Cal revenue and $423,945 of Laguna Honda Hospital Distinct Part Nursing Facility federal funding and de-appropriating $1,662,632 in surplus Mental Health Program salaries and Laguna Honda Hospital Social Security budget; appropriating $20,039,652 of uses, including $12,617,977 in salaries, related fringe, overtime and materials and supplies at San Francisco General Hospital, $5,031,675 in overtime, materials and supplies, and other related expenses at Laguna Honda Hospital, and $2,390,000 for information technology infrastructure costs to implement the Health Access Program; and de-appropriating $741,973 of General Fund sources and uses to reflect prior appropriation for additional funding for HIV/AIDS related services (File No. 070123 and 070127) in the Department of Public Health for Fiscal Year 2006-2007. (Fiscal impact.) 2/27/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070255 [Health Care Security Ordinance Amendments] Supervisors Ammiano, Dufty, Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Sections 14.1 through 14.4 and 14.8, to: (1) authorize the Department of Public Health to establish and maintain reimbursement accounts from which employees covered by the San Francisco Health Care Security Ordinance ("HCSO") may seek reimbursement for health care expenses; (2) extend to 2008 the operative date of the portion of the HCSO requiring minimum employer health care expenditures; (3) clarify remedies for violations of the HCSO; and (4) make other technical changes and findings. 2/27/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests that this item be referred to Budget and Finance Committee to be agendized for the March 7, 2007 meeting. 070259 [2007 and 2008 condominium conversion lottery] Supervisor McGoldrick Ordinance amending the Subdivision Code by authorizing conversion of three (3) additional units to account for all buildings selected as winners in the 2007 condominium conversion lottery and deleting three (3) units from the 2008 condominium conversion lottery so that the 2008 lottery consists of 197 total units; and making environmental findings. 2/27/07, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 2/28/07, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review. 070260 [De-Appropriating $22,294,696 of parking tax revenue from the Municipal Transportation Agency and replacing it with a transfer from the General Fund for Fiscal Year 2006-2007] Mayor Ordinance de-appropriating $22,294,696 of parking tax revenue from the Municipal Transportation Agency (MTA) and re-appropriating the revenue to the General Fund. Replace the revenue with a like transfer amount of $22,294,696 from the General Fund in lieu of the parking tax allocation for Fiscal Year 2006-2007. 2/27/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070262 [Mint Plaza public improvements on a portion of Jessie, Mint, and Stevenson Streets] Supervisor Daly Ordinance approving the issuance of a major encroachment permit and encroachment maintenance agreement to Friends of Mint Plaza to permit the construction and maintenance of certain improvements on Jessie and Mint Streets and a portion of Stevenson Street near the intersection of Fifth Street, including authorization to allow certain specified uses and occupancy in said area, including caf