Board of Supervisors Minutes: June 5, 2007

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, June 5, 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 2:15 p.m. On the call of the roll Supervisor Sandoval was noted absent. There was a quorum. Supervisor Sandoval was noted present at 2:21 p.m. APPROVAL OF MEETING MINUTES Supervisor Dufty, seconded by Supervisor Elsbernd, moved to approve the Board Meeting Minutes of May 1, 2007 and May 8, 2007. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval CONSENT AGENDA Recommendations of the Budget and Finance Committee 070582 [Public Employment - Treasurer/Tax Collector] Mayor Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed change to Treasurer/Tax Collector (TTX) staffing by decreasing total staffing by 1.00 position (.04 FTE). Enacted Number: 128-07 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Recommendation of the City Operations and Neighborhood Services Committee 070619 [Grant to undertake pandemic influenza planning and outreach] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend a new grant in the amount of $299,750 from the Metta Fund to undertake pandemic influenza planning and outreach projects, which includes a new contract with Public Health Foundation Enterprises, for the period of July 1, 2007 through June 30, 2008. Enacted Number: 289-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Recommendations of the Rules Committee 070558 [Settlement of Lawsuit - A. Ruiz Construction & Associates, Inc.] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against A. Ruiz Construction & Associates, Inc. for $200,000; the lawsuit was filed on January 28, 2005 in San Francisco Superior Court, Case No. 438-235; entitled City and County of San Francisco, et al. v. A. Ruiz Construction & Associates, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070559 [Settlement of Lawsuit - Proven Management, Inc.] Ordinance authorizing settlement of the lawsuits filed by: (1) the City and County of San Francisco ("the "City") against Proven Management, Inc. ("Proven") on August 01, 2005, in San Francisco Superior Court Case No. CGC 05-443632, entitled, City and County of San Francisco et. al. v. Proven Management, Inc. et. al., and (2) Proven against the City on December 15, 2005, in Tuolumne County Superior Court Case No. 51778, entitled, Proven Management, Inc. v. City and County of San Francisco et. al., with (a) Proven paying the City: $250,000 in damages; reimbursing the City up to $450,000 to administer corrective work; and Proven replacing valve assemblies and correcting numerous items of work on the Baden Pumps Station Project; and completing its contract; and (b) the City increasing Proven's contract amount on the Priest Bypass Project by $700,000 and releasing all contract balances. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070598 [Partial Settlement of Lawsuit - AON Risk Services of New York, Inc.] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Aon Risk Services of New York, Inc. for $220,000; San Francisco's causes of action against AON were filed on February 15, 2006, and constitute part of the coordinated proceeding entitled Jail No. 3 Replacement Project Cases, JCCP Case No: 4422, venued in San Mateo Superior Court; other material terms of said settlement are that San Francisco and AON will execute a mutual release, San Francisco will execute and file dismissals of all claims with prejudice, San Francisco and AON will each bear their own fees and costs of suit, AON will provide reasonable cooperation to San Francisco in regards to evidence that San Francisco may need for the case against ACMI and its related entities in the on-going litigation, and the settlement does not constitute an admission of liability regarding any claim. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070600 [Settlement of Administrative Civil Liability Complaint - San Francisco Water Quality Control Board] Resolution approving the settlement of the unlitigated administrative civil liability complaint filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $626,000; and alternatively approving an environmental mitigation project, subject to approval of the Regional Water Quality Control Board, in the amount not to exceed $582,000, plus payment of a $44,000 penalty. (City Attorney) Enacted Number: 297-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070648 [Appointment - In-Home Supportive Services Public Authority] Resolution appointing Elva Moran Hernandez, term ending March 1, 2010, to the In-Home Supportive Services Public Authority; residency requirement waived. Elva Moran Hernandez, succeeding Jose Quintana, seat 4, term expired, must be a worker who provides personal assistance services to a consumer, for the unexpired portion of a three-year term ending March 1, 2010. Enacted Number: 293-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070649 [Appointment - Bicycle Advisory Committee] Resolution appointing Marc Brandt, term ending November 19, 2008, to the Bicycle Advisory Committee. Marc Brandt, succeeding Frank Chan, term expired, seat 3, must be a nominee of District 3 Supervisor, for the unexpired portion of a two-year term ending November 19, 2008. Enacted Number: 294-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070650 [Appointment - Immigrant Rights Commission] Resolution appointing Joaquin Gonzalez, term ending June 6, 2008, and Felix Levy, term ending June 6, 2009, to the Immigrant Rights Commission. Joaquin Gonzalez, succeeding Ivy Lee, resigned, seat 5, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2008. Felix Levy, succeeding himself, term expiring June 6, 2007, seat 6, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2009. Enacted Number: 287-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070652 [Appointment - Community Oversight Committee Regarding Enforcement of Marijuana Offenses] Resolution appointing Aleem Raja, term ending January 1, 2009, to the Community Oversight Committee Regarding Enforcement of Marijuana Offenses. Aleem Raja, new appointment, seat 2, must be a member of the public defender's office, for the unexpired portion of a two-year term ending January 1, 2009. Enacted Number: 288-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070653 [Appointment - SRO Task Force] Resolution appointing Charles Siron to the SRO Task Force, term ending December 31, 2009. Charles Siron, new appointment, seat 1, must be SRO tenant, for the unexpired portion of a three-year term ending December 31, 2009. Enacted Number: 291-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070654 [Appointment - Graffiti Advisory Board] Resolution appointing Nino Parker, term ending April 10, 2009, to the Graffiti Advisory Board. Nino Parker, new appointment, seat 12, must represent youth groups who provide services for juveniles involved in alternative programs for graffiti diversion, for the unexpired portion of a two-year term ending April 10, 2009. Enacted Number: 292-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 070651 [Appointment - Entertainment Commission] Motion appointing James Meko, term ending July 1, 2011, to the Entertainment Commission. James Meko, succeeding himself, term expiring July 1, 2007, seat 1, must represent the interests of City neighborhood associations or groups, for a new four-year term ending July 1, 2011. Enacted Number: M07-62 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Severed from the Consent Agenda Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. 070466 [Public Works Excavation Code] Supervisor Mirkarimi Ordinance amending Public Works Code Sections 2.4.44 and 2.4.46 to delete the street restoration fee and amending Section 2.4.55 to require restoration of all affected lanes for the entire block when 25% or more of the block's length is excavated to extend to the time required for backfill, replacement of pavement base, and finished pavement associated with street restoration from 72 to 120 hours; and making environmental findings. Enacted Number: 131-07 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval REGULAR AGENDA UNFINISHED BUSINESS Called From City Operations and Neighborhood Services Committee 060589 [Liquor License Transfer, 845 Market Street, Space 010] Resolution determining that the transfer of a Type 21 off-sale general license from 1001 South Van Ness Avenue to 845 Market Street, basement of the San Francisco Centre, Space 010 to Bristol Farms Inc., will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Continued to July 31, 2007. Supervisor Dufty, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval From the Budget and Finance Committee "Without Recommendation" 070538 [Public Employment - Human Services Agency and Department of Public Health] Supervisor Daly Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed changes to the Human Services Agency (DSS) and the Department of Public Healh (DPH) staffing by increasing total staffing by 9.00 positions (0.36 FTE). (Fiscal Impact.) Supervisor Daly, seconded by Supervisor Dufty, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070540 [Appropriating $19,719,628, for Children, Senior and Disabled Programs for 2006-2007; and Deappropriate $15,830,000 General Fund and Appropriate $15,830,000 Rainy Day Reserve] Supervisor Daly Ordinance appropriating total sources of $19,719,628, including $17,646,834 of Unappropriated General Fund Balance, $1,930,000 of Unappropriated Children's Fund Balance, $125,000 of Food Stamps Employment and Training Funds and $17,794 of SB 90 State Mandated Costs Fund; and appropriating total uses of $19,719,628, including $6,240,000 to the Department of Children, Youth and Their Families, $7,280,628 to the Human Services Agency, $705,000 to the Department of Public Health, $350,000 to the Mayor's Office of Disability, $1,900,000 to the Mayor's Office of Community Development, $1,244,000 to the Mayor's Office of Housing and $2,000,000 to the Department of Recreation and Park for various programs for Children, Youth, Families, Seniors and People with Disabilities for Fiscal Year 2006-2007, and Amending Ordinance _______, File Number 070407, to Deappropriate $15,830,000 of General Fund Balance and Appropriate $15,830,000 of Rainy Day Reserve--Capital and One-Time Spending. All funds appropriated below, excluding salaries and mandatory fringe benefits, are placed on reserve pending release by the Budget and Finance Committee. (Fiscal Impact.) Supervisor Daly, seconded by Supervisor Dufty, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Budget and Finance Committee 070488 [Appropriating $2,345,549 for the Juvenile Hall Youth Guidance Center Replacement Project in the Department of Public Works for Fiscal Year 2006-2007] Supervisor Elsbernd Ordinance appropriating $2,345,549, of which $1,077,589 is from Juvenile Hall Youth Guidance Center Replacement Project Certificates of Participation (COPs) interest earned, $847,960 is from the Reserve for Rainy Day - One-time Spending Account, and $420,000 is from a deappropriation of the Youth Guidance Center facilities maintenance project, to fund Juvenile Hall Youth Guidance Center Replacement Project construction costs in the Department of Public Works for Fiscal Year 2006-2007. (Public Works Department) (Fiscal Impact.) (Supervisor Daly dissented in Committee on the question of appropriating to CON1GAGFACP 096R1 Reserve for Rainy Day - One time spending of $847,960). Supervisor Elsbernd requested to be added as a co-sponsor. Enacted Number: 130-07 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Daly 070499 [Public Employment - Department of Human Resources] Supervisor Daly Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 15 positions (1.20 FTE) at the Department of Human Resources (HRD). (Fiscal Impact.) Enacted Number: 132-07 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Jew Recommendation of the City Operations and Neighborhood Services Committee Appointment of President Pro Tempore At the request of the President, Supervisor Daly assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter. 070467 [Prohibiting the Feeding of Wild Birds, Including Red-Masked Parakeets] Supervisors Peskin, Dufty Ordinance amending section 486 of the Police Code to specify that the feeding of Red-Masked Parakeets is prohibited. Enacted Number: 133-07 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Jew NEW BUSINESS Recommendations of the Budget and Finance Committee 070422 [Appropriating $953,347 of State reimbursements for additional ballot costs and other current expenses in the Department of Elections for Fiscal Year 2006-2007] Supervisor Elsbernd Ordinance retroactively appropriating $953,347 from State mandated prior year election cost reimbursements to fund additional ballot costs related to the November 2006 Election and other current expenses in the Department of Elections for Fiscal Year 2006-2007. (Elections Department) (Fiscal Impact.) Supervisor Elsbernd requested to be added as sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 061431 [Grant of Federal Funds - Municipal Transportation Agency] Supervisor Maxwell Resolution authorizing the Municipal Transportation Agency to accept and expend $3,693,215 of federal Section 5309 Bus and Bus Facilities funding for design and construction of Muni's Islais Creek Facility and the purchase of Automatic Vehicle Locator (AVL) equipment. (Fiscal impact.) Enacted Number: 298-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070741 [Issuance and Sale of Tax-Exempt Bonds - Katherine Delmar Burke School] Supervisor McGoldrick Resolution approving the issuance and sale of tax-exempt bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $17,000,000 to finance various capital facilities owned by The Katherine Delmar Burke School or an affiliate. Enacted Number: 299-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070500 [Reconstruction of San Francisco General Hospital; Finding of Fiscal Responsibility] Mayor Resolution adopting finding that the proposed reconstruction of San Francisco General Hospital is fiscally feasible and responsible under Administrative Code Chapter 29. (Fiscal Impact.) Enacted Number: 296-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070584 [Proposition J Contract/Certification of Specified Contracted-Out Services Previously Approved for Enterprise Departments] Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees, for the following services: employee and public parking management, information booth, security services, and shuttle bus services (Airport); paratransit and security services, citation information, janitorial and landscaping, coin counting and collection, security services, and towing services (MTA Parking & Traffic); janitorial and security services (Port). Enacted Number: 300-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Maxwell 070674 [Public Education Enrichment Fund - First Five Commission] Supervisors Daly, Dufty, Ammiano Resolution approving the San Francisco First Five Commission expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2007-2008. Supervisor Ammiano requested to be added as a co-sponsor. Enacted Number: 301-07 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Jew, Maxwell, McGoldrick, Mirkarimi, Sandoval Noes: 2 - Elsbernd, Peskin 070675 [Public Education Enrichment Fund - Unified School District] Supervisors Daly, Dufty, Ammiano Resolution approving the San Francisco Unified School District expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2007-2008. Supervisor Ammiano requested to be added as a co-sponsor. Enacted Number: 302-07 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Jew, Maxwell, McGoldrick, Mirkarimi, Sandoval Noes: 2 - Elsbernd, Peskin Recommendations of the City Operations and Neighborhood Services Committee 070621 [Declaring a public nuisance] Supervisors Dufty, Alioto-Pier Ordinance amending Article 18 of the San Francisco Public Works Code by adding Section 944 to declare a public nuisance any property located in a underground utility district in which the property owner has refused to comply with an order from the Director of Public Works to install conduits and associated equipment necessary to obtain utility service at a building or structure on the property; amending Section 926 of the Public Works Code to allow the City to recover all costs incurred by the City in connection with abating the public nuisance; amending Sections 900, 915, and 919 through 930 of the Public Works Code consistent with this legislation; and further amending Sections 900, 901, 906, 908 through 911, and 938 of the Public Works Code to make certain technical changes that are necessary to bring those sections up-to-date. Supervisor Dufty, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 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 070632 [Landmark Tree Designation of New Zealand Christmas Tree at 1221 Stanyan Street] Supervisor Mirkarimi Ordinance designating the New Zealand Christmas tree in front of 1221 Stanyan Street (Assessor's Block 2664, Lot 008) as a landmark street tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. 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 060004 [Interdepartmental jurisdictional transfer of property near Islais Creek, Indiana and Cesar Chavez Streets] Supervisor Maxwell Resolution transferring jurisdiction of the real property identified as portions of Assessor's Parcel Nos. 4352/001 and 4382/005, at Indiana and Cesar Chavez Streets, from the Public Utilities Commission to the Municipal Transportation Agency as part of the new Islais Creek Motor Coach Operations and Maintenance Facility; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the transfer of jurisdiction is consistent with the City's General Plan and the Eight Priority Policies of Planning Code Section 101.1. (Real Estate Department) Enacted Number: 303-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070625 [Resolution to Initiate the Designation of First St. John's Methodist Church, 1601 Larkin Street as a Landmark] Supervisor Peskin Resolution initiating designation of the First St. John's Methodist Church, 1601 Larkin Street, located at the Northwest corner of Larkin Street and Clay Street, encompassing all of Lot 006 in Block 620, as a Landmark pursuant to Section 1004.1 of the San Francisco Planning Code. Enacted Number: 308-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval COMMITTEE REPORTS 070743 [Public Employment - Airport Commission and City Planning] Mayor, Supervisor Peskin Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed changes to the Airport Commission (AIR) and City Planning (CPC) staffing by decreasing total staffing by 3.00 positions (0.12 FTE). PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070474 [Supporting SB 464 to discourage abuse of the Ellis Act by real estate speculators] Supervisor Peskin Resolution supporting SB 464 to discourage abuse of the Ellis Act by real estate speculators. Enacted Number: 310-07 ADOPTED by the following vote: Ayes: 8 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Elsbernd, 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 James Chaffee; expressed concern with issues relating to the SF Public Library Male speaker; expressed concern with issues relating to taxicab leasing Eugene Gordon Jr.; expressed concern with various issues John Di Donna; expressed concern with driving in San Francisco Espanola Jackson; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Valerie Tulier; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Male speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Mr. Clift; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Francisco Da Costa; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Reverend Ernest Jackson; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Rachel Davis; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Rudy Valentino; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Max Huffman; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Theresa Coleman; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Lynne Brown; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Female speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Alicia Schwartz; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Female Speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Octavio Solozrzano; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Mr. Haynes; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Victor Centeno; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Nora Calderon; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Jesse Tello; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Sheila Griffin; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Jaron Browne; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Sheila Burton; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Ivan Sivona; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Male speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Neshall Lee; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Neesi; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Barbara George; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Mr. Shanover; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Felix Papel; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Male speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Jared; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Female speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Male speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Female speaker; expressed concern with issues related to asbestos and toxic exposure in the Bayview Hunters Point Supervisor Jew was noted absent at 4:00 p.m. Supervisor Dufty was noted absent at 4:19 p.m. 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. 070748 [Issuance and sale of tax-exempt bonds - St. Ignatius College Preparatory] Supervisor Elsbernd Resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $22,000,000 for the financing of the construction, improvement, furnishing and/or equipping of certain educational facilities at St. Ignatius College Preparatory and certain other matters relating thereto. Enacted Number: 290-07 ADOPTED 070749 [Condemning prosecution of medical marijuana by the Federal government] Supervisor Ammiano Resolution condemning federal prosecution of Ed Rosenthal and acknowledging importance of safe and legal access to medical cannabis in San Francisco. Enacted Number: 307-07 ADOPTED 070750 [Celebrating the 78th birthday of Harvey Milk and honoring his memory] Supervisors Ammiano, Dufty, Mirkarimi, Elsbernd Resolution celebrating the 78th birthday of Harvey Milk, LGBT civil rights pioneer, former Supervisor, and legendary San Francisco leader. Supervisor Elsbernd requested to be added as a co-sponsor. Enacted Number: 295-07 ADOPTED 070751 [Urging the Federal government to declare a moratorium on ICE raids] Supervisors Ammiano, Elsbernd Resolution urging a moratorium on ICE raids (at the very least) until the unresolved question of what to do about separated families, the trauma they are forced to endure, who should care for children left behind after their parents are deported, and who shall bear the associated costs, and until comprehensive immigration reform is agreed upon at the Federal level. Supervisor Elsbernd requested to be added as a co-sponsor. Enacted Number: 304-07 ADOPTED 070752 [Urging the State Assembly Appropriations Committee to support Assembly Bill 433 (Beal)] Supervisor Maxwell Resolution urging the State Assembly Appropriations Committee to support Assembly Bill 433 (Beal) to require the Department of Social Services (DSS) to propose a new name for the Food Stamp program and to establish categorical eligibility for food stamp benefits for Medi-Cal recipients who are eligible for services funded by the Temporary Assistance for Needy Families (TANF) block grant. Enacted Number: 305-07 ADOPTED 070753 [Urging the US Congress to support 2007 Farm Bill] Supervisor Maxwell Resolution urging the United States Congress to support a strong Nutrition Title in the 2007 Farm Bill that will improve the Food Stamp Program, strengthen The Emergency Food Assistance Program (TEFAP), fully fund the Commodity Supplemental Food Program (CSFP), and support adequate nutrition for everyone. Enacted Number: 306-07 ADOPTED 070755 [Urging the University of California San Francisco to reduce its energy consumption through a reduction of night lighting] Supervisor Mirkarimi Resolution urging the University of California San Francisco to reduce its energy consumption by 10% over the next two years, in part through a reduction of night lighting on its campuses. Enacted Number: 309-07 ADOPTED 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 Adoption without Committee Reference Supervisor Maxwell requested that this matter be severed so that it might be considered separately. 070754 [Urging environmental analysis of water supply alternatives that will not increase diversions of freshwater from the Tuolumne River and urging active implementation of conservation and Supervisors Maxwell, Peskin, McGoldrick, Mirkarimi, Ammiano Resolution urging the San Francisco Planning Department and the San Francisco Public Utilities Commission to fully analyze a water supply alternative in the Programmatic Environmental Impact Report that will not result in increased diversions of freshwater from the Tuolumne River. Supervisor Maxwell, seconded by Supervisor Ammiano, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew Resolution urging the San Francisco Planning Department to fully analyze a water supply alternative in the Program Environmental Impact Report that will not result in increased diversions of freshwater from the Tuolumne River and urging the San Francisco Public Utilities Commission to undertake and implement water conservation and recycled water programs. Continued to June 12, 2007. Supervisor Maxwell, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED AS AMENDED. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Dufty, Jew OFF-AGENDA LEGISLATION Ordinances Introduced by Supervisors or Mayor 070771 [Interim Public Employment, Fiscal Year 2007-2008] Mayor Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2008, 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 therefor. (Fiscal Impact.) 6/1/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070773 [Government Funding for Fiscal Year 2007-2008] Mayor Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 2008. (Fiscal Impact.) 6/1/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070774 [Public Employment for Fiscal Year 2007-2008] Mayor Consolidated Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2008, 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 therefor. (Fiscal Impact.) 6/1/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070808 [Increasing fees for certain services provided by the Medical Examiner] Mayor Ordinance amending San Francisco Administrative Code Section 8.14, by raising the fees for removal of remains, cremation services, and making environmental findings. 6/1/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070809 [San Francisco Administrative Code - First Offender Prostitution Program Fee] Mayor Ordinance amending Ordinance No. 289-98 (Sec. 10.193-1 of the Administrative Code of the City and County of San Francisco) establishing the First Offender Prostitution Program Fee, to remove reference to Penal Code Section 647(b), to allow the Office of the District Attorney to send all eligible prostitution-related offenders to the department's First Offender Prostitution Program (FOPP) diversion class. 6/1/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070810 [Patient Rates - Public Health] Mayor Ordinance amending Section 128 of the San Francisco Health Code to set patient rates and other services provided by the Department of Public Health, effective July 1, 2007. 6/1/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 070811 [Public Works Code - Fees for various permits] Mayor Ordinance amending Public Works Code Sections 2.1.1, 2.1.2, and 724.1 to update and codify various permit fees, including permits for caf