Board of Supervisors Minutes: July 10, 2007

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, July 10, 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 2:06 p.m. On the call of the roll Supervisor was noted absent. There was a quorum. APPROVAL OF MEETING MINUTES Supervisor Mirkarimi, seconded by Supervisor Jew, moved to approve the Special Board Meeting Minutes of April 20, 2007. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval CONSENT AGENDA Recommendations of the Land Use and Economic Development Committee 070452 [Minor Sidewalk Encroachments - Public right-of-way occupancy assessment fee] Supervisor Alioto-Pier Ordinance amending Public Works Code Section 723.2 to clarify that the public right-of-way occupancy assessment fee for minor sidewalk encroachments applies to specified building permits and to all subsidewalk basements. Enacted Number: 165-07 FINALLY PASSED 061537 [Repeal of Planning Commission alternative review process] Supervisor Peskin Ordinance amending Planning Code Section 306 and Administrative Code Sections 2A.53 and 31.04 to repeal provisions that are void by their own terms and concern an alternative review process if the Planning Commission were unable to meet because a majority of its members has not been nominated, approved, and sworn in to office. Enacted Number: 168-07 FINALLY PASSED 070628 [Describing the Limits on the Redevelopment Agency's Use of Eminent Domain to Acquire Real Property in Existing Redevelopment Plan Project Areas] Mayor, Supervisor Peskin Ordinance describing the limits in existing redevelopment plans on acquisition of real property by the Redevelopment Agency of the City and County of San Francisco through the use of eminent domain, in compliance with a new requirement of the California Community Redevelopment Law. Enacted Number: 170-07 FINALLY PASSED 070681 [Zoning - Pacific Avenue Individual Area Neighborhood Commercial District] Supervisor Peskin Ordinance adding Planning Code Sections 732 et seq. to establish the Pacific Avenue Individual Area Neighborhood Commercial District, as specifically defined herein and generally encompassing the length of Pacific Avenue from Polk Street to Taylor Street; deleting Section 236, the Garment Shop Special Use District; amending the City's Zoning Map Sectional Maps 1, 1H, 2, and 2H to reflect the boundaries of the Pacific Avenue Neighborhood Commercial District, other associated zoning changes, and related changes to height and bulk districts and amending Zoning Map Sectional Map 1 SU to delete the Garment Shop Special Use District; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Enacted Number: 167-07 FINALLY PASSED 070764 [Changing Official Sidewalk Width - Jessie Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1574 to change the official sidewalk width on the northerly side of Jessie Street westerly of Ecker Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modifications, or both of facilities affected by the sidewalk width change. (Public Works Department) Enacted Number: 166-07 FINALLY PASSED 070655 [Traffic Regulations] Resolution enacting and rescinding traffic regulations on various streets. RIGHT TURN ONLY ONTO CARTER STREET - ESTABLISH Walbridge Street, eastbound onto Carter Street NO TURN ON RED - RESCIND Geneva Avenue, eastbound, at Carter Avenue and Walbridge Street ONE-WAY STREET - ESTABLISH Florentine Street, southbound (uphill), from Mission Street to Brunswick Street LEFT LANE MUST TURN LEFT - ESTABLISH Buchanan Street, northbound, at Hermann Street (Parking and Traffic Department) (5/3/07 - Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street. DPW Order No. 3356) Enacted Number: 385-07 ADOPTED 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 From the Board 070966 [Adopting findings related to disapproving the categorical exemption issued for 2462 27th Avenue] Motion adopting findings related to disapproving the determination by the Planning Department that the 2462 27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Board of Supervisors) Supervisor Jew was previously excused from voting on this matter. Enacted Number: M07-82 APPROVED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Elsbernd Excused: 1 - Jew Recommendation of the Public Safety Committee 070721 [MOU, San Francisco Police Officers' Association (SFPOA)] Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers' Association (SFPOA), to be effective July 1, 2007 through June 30, 2011. (Fiscal Impact.) Enacted Number: 169-07 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Daly NEW BUSINESS Recommendations of the 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.) Continued to July 17, 2007 Supervisor McGoldrick, 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 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.) Continued to July 17, 2007 Supervisor McGoldrick, 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 070826 [Redevelopment Agency Budget and Bonds] Resolution approving the Budget of the Redevelopment Agency of the City and County of San Francisco for fiscal year 2007-2008, approving the Issuance by the Redevelopment Agency of Bonds in an aggregate principal amount of not to exceed $125,800,000 to finance a portion of redevelopment activities described in such approved Budget for fiscal year 2007-2008; and approving additional General Fund loans to the Redevelopment Agency in the aggregate amount of $463,000, consisting of a $303,000 loan to complete a potential redevelopment plan for the Visitacion Valley Survey Area and a $160,000 loan for Bayview Hunters Point Survey Area C planning costs. (Redevelopment Agency) (Fiscal Impact.) (Supervisor Mirkarimi dissented in committee.) Continued to July 17, 2007 Supervisor McGoldrick, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070840 [Treasure Island Development Authority Budget] Mayor Resolution approving the Budget of the Treasure Island Development Authority for fiscal year 2007-2008. (Fiscal Impact.) Continued to July 17, 2007 Supervisor McGoldrick, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Jew, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 070739 [Accept-Expend Federal Grant - Department of Economic and Workforce Development] Supervisors Mirkarimi, Ammiano Ordinance authorizing the Department of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $200,000 in FY 2006-07 from the Private Industry Council of San Francisco, Inc. for workforce development administration, contracting, and data management, and amending the Annual Salary Ordinance to provide for the creation of certain grant-funded positions. Continued to July 17, 2007 Supervisor McGoldrick, 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 070740 [Accept-Expend Federal Grant - Department of Economic and Workforce Development] Supervisors Mirkarimi, Ammiano Ordinance authorizing the Department of Economic and Workforce Development to accept and expend a grant in the amount of $5,765,890 in FY 2007-2008 from the California Employment Development Department for workforce development, and amending the Annual Salary Ordinance to provide for the creation of certain grant-funded positions. Continued to July 17, 2007 Supervisor McGoldrick, 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 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. Continued to July 17, 2007 Supervisor McGoldrick, 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 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. Continued to July 17, 2007 Supervisor McGoldrick, 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 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. Continued to July 17, 2007 Supervisor McGoldrick, 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 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