Board of Supervisors Minutes: October 2, 2007

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, October 2, 2007 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors AARON PESKIN, PRESIDENT MICHELA ALIOTO-PIER, TOM AMMIANO, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, SOPHIE MAXWELL, JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL Members Present: Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Sean Elsbernd, Carmen Chu, 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 all Supervisors were noted present. There was a quorum. APPROVAL OF MEETING MINUTES Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to approve Meeting Minutes for September 11, 2007. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval AGENDA CHANGES COMMUNICATIONS CONSENT AGENDA Recommendations of the Budget and Finance Committee 071178 [Settlement of complaint by PG&E before the Federal Energy Regulatory Commission and approval of an Amended Interconnection Agreement with PG&E] Supervisor Peskin Ordinance authorizing settlement of proceedings before the Federal Energy Regulatory Commission in FERC Dockets No. ER05-1190-000, et al, initiated by Pacific Gas & Electric Company to terminate the 1987 Interconnection Agreement between the City and PG&E; and approving an Amended Interconnection Agreement between the City and PG&E which provides for continued delivery of electricity to City facilities, among other things. PASSED ON FIRST READING 071230 [Grant of Federal Funds - Municipal Transportation Agency] Supervisor Sandoval Resolution authorizing the Municipal Transportation Agency to accept and expend $1,690,546 of Lifeline Transportation Program (LTP) Funds for maintenance of the Municipal Railway's #108 Line between San Francisco and Treasure Island, expansion of MUNI's #29-Sunset Line service, and expansion of MUNI's Lifeline Fast Pass Distribution program, excluding Citywide indirect costs. (Fiscal Impact.) Enacted Number: 543-07 ADOPTED 071297 [Grant funds to support comprehensive drug court implementation] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend a grant in the amount of $287,177 from the California Department of Alcohol and Drug Programs (DADP) to plan and implement a dependency drug court that works across city departments; for the period of July 1, 2007 to December 31, 2007. Enacted Number: 550-07 ADOPTED Recommendation of the Land Use and Economic Development Committee 071149 [Planning Code-Amending Article 11 Designation of 225-227 Front Street] Supervisor Peskin Ordinance amending the designation of 225-227 Front Street (Assessor's Block 0237, Lot 005) from Category V (Unrated) to Category IV (Contributory) under Planning Code Article 11; and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Department) Enacted Number: 228-07 FINALLY PASSED Recommendations of the Rules Committee 071237 [Settlement of Lawsuit - Pacific Bell Telephone Company] Ordinance authorizing settlement of the lawsuit filed by Pacific Bell Telephone Company against the City and County of San Francisco for $94,000.00; the lawsuit was filed on October 25, 2006 in San Francisco County Superior Court, Case No. 457-327; entitled Pacific Bell Telephone Company v. City and County of San Francisco. (City Attorney) Enacted Number: 229-07 FINALLY PASSED 071238 [Settlement of Lawsuit - Jane Martin, et al. (Order Sons of Italy) v. CCSF] Ordinance authorizing settlement of the portion of the lawsuit filed by Order Sons of Italy in America Grand Lodge of the Golden West Corporation against the City and County of San Francisco for $75,000; the lawsuit was filed on January 31, 2005 in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 234-07 FINALLY PASSED 071246 [Settlement of Lawsuit - Theodore Tarver, Jr. (Kathryn Cox) v. CCSF] Ordinance authorizing settlement of an award of attorney's fees to attorney Kathryn Cox for $162,941 against the City and County of San Francisco; the underlying lawsuit was filed on July 19, 2002 in San Francisco Superior Court, Case No. 410499 entitled Theodore Tarver, Jr. v. City and County of San Francisco. (City Attorney) Enacted Number: 230-07 FINALLY PASSED 071252 [Settlement of City's Lawsuit Against Aquila, Inc. and Aquila Merchant Services, Inc.] Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against defendant Sempra Energy and other companies; the lawsuit entitled City and County of San Francisco v. Sempra Energy, et al. (JCCP No. 4221-00023) was filed on June 8, 2004, and has been coordinated as Natural Gas Anti-Trust Cases I, II, III & IV in the Superior Court of the State of California for the County of San Diego (JCCP Nos. 4221, 4224, 4226, and 4228); the settlement provides $1,500,000 from defendants Aquila, Inc. and Aquila Merchant Services, Inc. to the City and County of San Francisco and the other plaintiffs, which will be used to prosecute the cases against the remaining defendants. (City Attorney) Enacted Number: 231-07 FINALLY PASSED 071253 [Settlement of City's Lawsuit Against Enserco Energy, Inc.] Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against defendant Sempra Energy and other companies; the lawsuit entitled City and County of San Francisco v. Sempra Energy, et al. (JCCP No. 4221-00023) was filed on June 8, 2004, and has been coordinated as Natural Gas Anti-Trust Cases I, II, III & IV in the Superior Court of the State of California for the County of San Diego (JCCP Nos. 4221, 4224, 4226, and 4228); the settlement provides $750,000 from defendant Enserco Energy, Inc. to the City and County of San Francisco and the other plaintiffs, which will be used to prosecute the cases against the remaining defendants. (City Attorney) Enacted Number: 232-07 FINALLY PASSED 071256 [Settlement of City Claim Against PG&E] Ordinance approving the settlement of a claim asserted by the City and County of San Francisco against Pacific Gas & Electric Company in the bankruptcy proceeding entitled In Re Pacific Gas & Electric Company, United States Bankruptcy Court, Northern District of California, Case No. 01-30923-DM. (City Attorney) Enacted Number: 233-07 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval REGULAR AGENDA UNFINISHED BUSINESS 071379 [Adopting findings related to the reversal of the approval of the mitigated negative declaration issued by the Planning Commission for 601 Duboce Avenue Project] Motion adopting findings related to the reversal of the approval of the mitigated negative declaration issued by the Planning Commission for the 601 Duboce Avenue Project. Supervisor Dufty was previously excused from voting on this matter. Supervisor Ammiano, seconded by Supervisor McGoldrick, moved that this Motion be AMENDED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Dufty From the City Operations and Neighborhood Services Committee Without Recommendation 071258 [Urging the Golden Gate Bridge, Highway and Transportation District to Oppose the Golden Gate Bridge Partnership Program] Supervisors McGoldrick, Maxwell, Mirkarimi Resolution urging the Golden Gate Bridge, Highway and Transportation District Board of Directors to Oppose the Golden Gate Bridge Partnership Program which would allow for the continued degradation of our public spaces by sanctioning, among other things, the placement of corporate logos on way-finding signage, posters, kiosks, and displays on Golden Gate Bridge property. Continued to October 16, 2007 Supervisor McGoldrick, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NEW BUSINESS Recommendation of the Budget and Finance Committee 071233 [Penalty for Removing Chalk Marks] Supervisor McGoldrick Ordinance amending San Francisco Traffic Code Sections 21 and 132 to impose a penalty for removing chalk marks of one hundred ($100) dollars for any violation and to make minor changes to clarify the parking restriction. (Municipal Transportation Agency) Supervisor McGoldrick requested to be added as a sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Government Audit and Oversight Committee 071335 [Board response to the 2006-2007 Civil Grand Jury Report entitled "Continuity Report - Have City Agencies Done What They Said They Would Do After the Civil Grand Jury of 2005-2006 Issued Its Supervisor Elsbernd Resolution responding to the Presiding Judge of the Superior Court on the recommendations contained in the 2006-2007 Civil Grand Jury Report entitled "Continuity Report - Have City Agencies Done What They Said They Would Do After the Civil Grand Jury of 2005-2006 Issued Its Reports?". Enacted Number: 522-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 071336 [Board response to the 2006-2007 Civil Grand Jury Report entitled "The Entertainment Commission: A Work in Progress"] Supervisor Elsbernd Resolution responding to the Presiding Judge of the Superior Court on the recommendations contained in the 2006-2007 Civil Grand Jury Report entitled "The Entertainment Commission: A Work in Progress". Enacted Number: 523-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 071337 [Board response to the 2006-2007 Civil Grand Jury Report entitled "Preparing for a Disaster: Administrative Commitment and Appropriate Funding in the Department of Emergency Management and Supervisor Elsbernd Resolution responding to the Presiding Judge of the Superior Court on the recommendations contained in the 2006-2007 Civil Grand Jury Report entitled "Preparing for a Disaster: Administrative Commitment and Appropriate Funding in the Department of Emergency Management and the Department of Public Health". Enacted Number: 524-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Rules Committee 071181 [Eddie Fung Day - November 10, 2007] Supervisor Peskin Resolution declaring November 10, 2007 as Eddie Fung Day in San Francisco. Enacted Number: 544-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 071185 [Condemning defamatory language used by radio personality Michael Savage against the immigrant community] Supervisors Sandoval, Ammiano Resolution condemning defamatory language used by radio personality Michael Savage against the immigrant community. Enacted Number: 551-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 071312 [Confirmation of Human Resources Director] Mayor Motion confirming appointment of Micki Callahan as Human Resources Director. Enacted Number: M07-125 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recess The Board recessed at the hour of 3:02 p.m. Reconvening of the Board The Board reconvened at the hour of 3:32 p.m. Calling the Roll The following Supervisors were noted present: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - 11 SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Maxwell, seconded by Supervisor Ammiano, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Maxwell welcomed, introduced, and presented a Certificate of Honor to James Dierke in recognition of his Principal Award. Recess The Board recessed at the hour of 3:38 p.m. Reconvening of the Board The Board reconvened at the hour of 4:01 p.m. Calling the Roll The following Supervisors were noted present: Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin - 8 Supervisors Daly, McGoldrick and Sandoval were noted absent at 4:01 p.m. SPECIAL ORDER 4:00 P.M. 070910 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 3424 Jackson Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated May 31, 2007 (Case No. 2005.1134E), exempting from environmental review under Categorical Exemption Class 1, [State Guidelines, Section 15301(e)(1)]. The proposal would construct an addition of approximately 780 square feet (sq ft) of new space, room repartitions, removal of a rear fire escape, and addition of a new rear egress staircase and three decks to a 6,510-sq ft, 35-foot-high, four-story, single-family dwelling constructed circa 1921. The proposed alterations would result in a building approximately 7,289 sq ft and 35 feet high with enlarged ground, first, second, and third floors to the rear (about 487 sq ft of additional space), and enlarged fourth floor toward the front of the building (an expansion of 292 sq ft). The site is a rectangular 4,469-sq ft parcel (Assessor's Block 0971; Lot 003B). The project site, located in the Presidio Heights neighborhood is zoned RH-1 (Residential, House - One Family) and is within a 40-X height and bulk district. (Appellant: Howard N. Ellman on behalf of Mr. and Mrs. Karkar) (Filed June 14, 2007; companion measure to 070911, 070912, 070913; District 2.) The President inquired as to whether any member of the public wished to address the Board members. Continued to October 30, 2007. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption from environmental review 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.) 070911 [Affirming the Categorical Exemption issued for the 3424 Jackson Street project] Motion affirming the determination by the Planning Department that the 3424 Jackson Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Continued to October 30, 2007 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval 070912 [Disapproving the Categorical Exemption issued for the 3424 Jackson Street project] Motion disapproving the determination by the Planning Department that the 3424 Jackson Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Continued to October 30, 2007 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval 070913 [Preparation of findings related to the 3424 Jackson Street project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 3424 Jackson Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Continued to October 30, 2007 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval SPECIAL ORDER 4:00 P.M. 071265 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 2721 Pierce Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated April 19, 2007, Case No. 2006.1415D, (Building Permit Application No. 2006.07.03.5586) is exempt from environmental review under Categorical Exemption, [State CEQA Guidelines, Section 15301 Class 1]. The proposal consists of adding two windows on the facade, removing a rear sun porch and adding a two-story rear addition at 2721 Pierce Street, Lot 006 in Assessor's Block 0560. (Appellants: Susan Brandt-Hawley on behalf of Judge Carlos Bea and Louise Bea) (Filed August 31, 2007; Companion Files to 071266, 071267, 071268; District 2.) The President inquired as to whether any member of the public wished to address the Board members. Continued to November 13, 2007 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption from environmental review 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.) 071266 [Affirming the categorical exemption issued for 2721 Pierce Street] Motion affirming the determination by the Planning Department that the 2721 Pierce Street Project is categorically exempt from environmental review under the California Environmental Quality Act. Continued to November 13, 2007 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval 071267 [Disapproving the categorical exemption issued for 2721 Pierce Street] Motion disapproving the determination by the Planning Department that the 2721 Pierce Street project is categorically exempt from environmental review under the California Environmental Quality Act. Continued to November 13, 2007 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval 071268 [Preparation of findings related to the 2721 Pierce Street Project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 2721 Pierce Street is exempt from environmental review under the California Environmental Quality Act. Continued to November 13, 2007 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Chu, Maxwell, Mirkarimi, Peskin Absent: 3 - Daly, McGoldrick, Sandoval ROLL CALL FOR INTRODUCTIONS 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. James Chaffee; expressed concern with issues relating to the SF Public Library Male speaker; expressed concern with issues relating to politics in San Francisco and the loss of historical activities in San Francisco Eugene Gordon, Jr.; expressed concern with issues relating to the violation of human rights John di Donna; expressed concern with issues relating to morality Male speaker; expressed concern with issues relating to homeless shelters for the elderly Evan Jacobs; expressed concern with issues relating to a possible strike by the nurses Steven Worsley; expressed concern with issues relating to Coit Tower and concession rights Grasshopper Adam Kaplan; expressed concern with issues relating to SF County Jail and opposing ID Immigration Star Davies; expressed concern with issues relating to the homeless conditions John; expressed concern with issues relating to renters rights and costs for renters Richard Robinson; showed interest in transgender marriages 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. Supervisor Sandoval was noted absent at 2:58 p.m. 071382 [Approval of a 90 day extension for Planning Commission review in order to complete an addendum to an associated environmental impact report] Supervisor Mirkarimi Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would amend Sectional Map 2 of the Zoning Map of the City and County of San Francisco to a date within two weeks of the environmental review hearing for the same action. The proposed Ordinance would specifically change the use classification of Block 1098, Lot 9, located at the northwest corner of Divisadero and O'Farrell Streets, from Small-scale Neighborhood Commercial (NC-2) District to Moderate-scale Neighborhood Commercial (NC-3) District; and making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Enacted Number: 547-07 ADOPTED 071383 [Local support for Divisadero Streetscape Project] Supervisor Mirkarimi Resolution authorizing local support for the Divisadero Streetscape Project, designating DPW as the eligible sponsor for funding related to this project, and taking other official acts in furtherance of this project. Enacted Number: 548-07 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Severed from the Without Committee Reference Agenda Supervisor Dufty requested that this matter be severed so that it might be considered separately. Supervisor Dufty Excused From Voting Supervisor McGoldrick, seconded by Supervisor Ammiano, moved to excuse Supervisor Dufty, at his request, because of possible conflict of interest, from voting. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Excused: 1 - Dufty 071380 [Approval of a six month extension for Planning Commission review of the Laguna, Haight, Buchanan and Hermann Streets Special Use District Ordinance and Zoning Map Amendments] Supervisor Ammiano Resolution extending by 6 months the prescribed time within which the Planning Commission may render its decision on two proposed Ordinances that would create the Laguna, Haight, Buchanan and Hermann Streets Special Use District and amend Section Maps 7, 7H and 7SU of the Zoning Map of the City and County of San Francisco for the property described as Assessor's Blocks 857 and portions of Assessor's Block 870, bounded by Laguna, Buchanan, Haight and Hermann Streets, from P (Public) to either NC-3 (Moderate-Scale Neighborhood Commercial District) or RM-3 (Residential, Mixed Districts, Medium Density) and mapping the Laguna, Haight, Buchanan and Hermann Streets Special Use District; and making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Enacted Number: 546-07 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Excused: 1 - Dufty IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Ammiano, seconded by Supervisor Dufty, moved ADOPTION of the purely commendatory finding. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval [Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Ammiano, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 071387 [Urging the Congress and the Congressional leadership to include gender identity in ENDA] Supervisors Ammiano, Dufty, Mirkarimi Resolution urging the Congress and the Congressional leadership to include gender identity in the Employment Non-Discrimination Act (ENDA) legislation, currently pending in the House of Representatives. Enacted Number: 549-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Supervisor Sandoval was noted present at 3:01 p.m. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Elsbernd, seconded by Supervisor Dufty, moved ADOPTION of the purely commendatory finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Elsbernd, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 071388 [Commending James S. Dierke] Supervisors Maxwell, Elsbernd, McGoldrick, Ammiano, Dufty, Mirkarimi Resolution commending James S. Dierke as recipient of the MetLife/National Association of Secondary School Principal of the Year Award for providing high-quality learning opportunities for students as well as for his exemplary contribution to the Association of Secondary School Principal profession, and declaring October 2, 2007 "James S. Dierke Day" in San Francisco. Enacted Number: 545-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Resolutions 071387 [Urging the Congress and the Congressional leadership to include gender identity in ENDA] Supervisors Ammiano, Dufty, Mirkarimi Resolution urging the Congress and the Congressional leadership to include gender identity in the Employment Non-Discrimination Act (ENDA) legislation, currently pending in the House of Representatives. 10/2/07, ADOPTED. 071388 [Commending James S. Dierke] Supervisors Maxwell, Elsbernd, McGoldrick, Ammiano, Dufty, Mirkarimi Resolution commending James S. Dierke as recipient of the MetLife/National Association of Secondary School Principal of the Year Award for providing high-quality learning opportunities for students as well as for his exemplary contribution to the Association of Secondary School Principal profession, and declaring October 2, 2007 "James S. Dierke Day" in San Francisco. 10/2/07, ADOPTED. 071391 [Grant to fund child safety and occupant protection in San Francisco] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend a grant for $387,557 from the California Office of Traffic Safety (OTS), which includes contracts with the San Francisco Study Center for $78,750 and O'Rorke, Inc. for $80,000; for the period of January 1, 2008 through September 30, 2009. 10/2/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071392 [State Grant to support the Pierce's Disease Control Program] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH), to retroactively accept and expend funds from the California Department of Food and Agriculture (CDFA) in the amount of $191,664.48 in support of the Pierce's Disease Control Program, for the period of July 1, 2007 through June 30, 2010. 10/2/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071393 [Urging Issuance of a Request for Proposals for an Open Source Voting System for the November 4, 2008 General Election] Supervisor Ammiano Resolution endorsing the use of Open Source software in voting systems for the City and County of San Francisco and urging the Mayor to urge the Director of Elections to prepare and issue a Request for Proposals for an Open Source voting system for the November 4, 2008 General Election. 10/2/07, RECEIVED AND ASSIGNED to Rules Committee. 071394 [Urging restoration of two-way traffic on Ellis and Eddy Streets] Supervisor Daly Resolution urging the Municipal Transportation Agency to restore two-way traffic on the length of Eddy and Ellis Streets, to consolidate the Muni 31 and 27 routes onto Eddy Street, and to develop detailed plans and a phased implementation strategy for transportation and streetscape improvements to these streets to enhance their role as east-west pedestrian, bicycle, and transit corridors. 10/2/07, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 071395 [Multifamily Housing Revenue Bonds - Bishop Swing Community House] Supervisor Daly Resolution authorizing the issuance and delivery of multifamily housing revenue bonds (as defined herein) in an aggregate principal amount not to exceed $18,942,066 for the purpose of providing financing for a multifamily rental housing project to be known as Bishop Swing Community House; 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 construction loan 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. 10/2/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 071400 [Retroactive Accept and Expend State Grant - Department of the Environment] Supervisor Mirkarimi Resolution authorizing the Department of the Environment to retroactively accept and expend a grant in the amount of $206,125.00 from the California Integrated Waste Management Board for the purpose of increasing Used Motor Oil Recycling and Household Hazardous Waste Management. 10/2/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071401 [Support Goals for Federal Funding-Community Development Block Grant] Supervisor Maxwell Resolution supporting Fiscal Year 2008-2009 Community Development Block Grant (CDBG) Action Plan Goals. 10/2/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 071402 [Expend Federal Funding - Community Development Block Grant] Supervisor Maxwell Resolution approving the expenditure of $137,728 of Community Development Block Grant funding. 10/2/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 071404 [Urging issuance of a Request for Proposals for an Open Source Voting System for the November 4, 2008 General Election] Supervisor Daly Resolution endorsing the use of Open Source software in voting systems for the City and County of San Francisco and urging the Mayor to urge the Director of Elections to prepare and issue a Request for Proposals for an Open Source voting system for the November 4, 2008 General Election. 10/2/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071405 [Landmark Designation nomination for Mary Ellen Pleasant Trees located at 1661 Octavia Street] Supervisors Maxwell, Mirkarimi Resolution of intent initiating the nomination of the mature blue gum (Eucalyptus globulus) trees located at 1661 Octavia Street (Assessor's Block 647 lot 002) for landmark tree status pursuant to Public Works Code Section 810(b), acknowledging the temporary designation of such tree pursuant to Public Works Section 810(d), and authorizing other official acts in furtherance of the Resolution. 10/2/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071406 [Approval of a 90 day extension for Planning Commission review] Supervisor Alioto-Pier Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would add Planning Code Section 320, 320.1, 320.2 and 320.3 establishing a process to permit the adoption or expenditure of neighborhood impact fees as defined in the ordinance only after the Planning Department has conducted or caused to be conducted an impact study supporting the imposition of such a fee and making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. 10/2/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071407 [Commending Virginia Harmon on her service to the City and County of San Francisco as the Executive Director of the Human Rights Commission] Supervisors Dufty, Ammiano, Maxwell Resolution commending Virginia Harmon on her service to the City and County of San Francisco as the Executive Director of the Human Rights Commission. 10/2/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 071389 [City's IT practices] Supervisor Ammiano Hearing on the across the board management audit to examine the City's IT practices. 10/2/07, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 071390 ["Matrix Style" police patrol] Supervisor Daly Hearing on "Matrix Style" police patrol coordinated with social service outreach to homeless individuals in the South of Market commercial area. 10/2/07, RECEIVED AND ASSIGNED to Public Safety Committee. 071408 [Mental and Behavioral Health Support for SFUSD Students] Supervisor Dufty Hearing on collaborations between the San Francisco Unified School District (SFUSD) and San Francisco's Department of Public Health (DPH) to address the mental health and behavioral health needs of SFUSD students, as well as a report from the Stanford University Early Life Stress Research Program on its study of Post Traumatic Stress Disorder (PTSD) in San Francisco children and youth affected by urban violence. 10/2/07, RECEIVED AND ASSIGNED to City and School District Select Committee. Sponsor requests that the item be referred to City and School District Select Committee. Motions 071399 [Waiver permitting City Employees to assist the Department of Elections with the November 6, 2007 election] Supervisor Peskin Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to permit City employees to assist the Department of Elections with the November 6, 2007 election. 10/2/07, RECEIVED AND ASSIGNED to Rules Committee. 071403 [Advertising for and Selection Process of Outside Counsel for the Board of Supervisors] Supervisor Elsbernd Motion directing the Clerk of the Board of Supervisors to advertise for outside counsel to represent the Board of Supervisors on the matter of the official misconduct charges filed against Supervisor Edmund Jew, and setting forth the process of selecting said outside counsel. 10/2/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071302 [Amending the Board's Rules to require a Supervisor request an item be heard at committee prior to calling it to be heard at the Full Board] Supervisor Peskin Motion amending Rule 5.31 to the Board of Supervisors' Rules of Order, to require a Supervisor request a hearing at a Committee of the Board before calling an item to be heard before the full Board of Supervisors. 9/11/07, RECEIVED AND ASSIGNED to Rules Committee. 10/2/07, SUBSTITUTED. Supervisor Peskin submitted a substitute motion bearing the same title. 10/2/07, ASSIGNED to Rules Committee. PROPOSED ORDINANCES 071350 [Settlement of Lawsuit - Elfie Jansel] Ordinance authorizing settlement of the lawsuit filed by Elfie Jansel against the City and County of San Francisco for $98,000; the lawsuit was filed on May 26, 2006 in San Francisco Superior Court, Case No. CGC06-452649; entitled Elfie Jansel v. City and County of San Francisco, et al. (City Attorney) 9/19/07, RECEIVED AND ASSIGNED to Rules Committee. 071351 [Settlement of Lawsuit - Marie Doe] Ordinance authorizing settlement of the lawsuit filed by Marie Doe against the City and County of San Francisco for $35,000; the lawsuit was filed on November 18, 2004 in United States District Court, Case No. C04-4914 MJJ; entitled Marie Doe, et al. v. City and County of San Francisco, et al. (City Attorney) 9/19/07, RECEIVED AND ASSIGNED to Rules Committee. 071364 [Transit Shelter Advertising Agreement] Ordinance approving Transit Shelter Advertising Agreement between the City and County of San Francisco and Clear Channel Outdoor Inc. (Municipal Transportation Agency) 9/24/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 071281 [Procurement of Construction Management and General Contractor services for the new Public Utilities Commission administrative building at 525 Golden Gate] Ordinance approving an Integrated Project Delivery Plan for the early procurement of a Construction Manager/General Contractor for the new Public Utilities Commission administrative building at 525 Golden Gate Avenue and modifying the competitive bid requirements of Administrative Code Chapter 6 to authorize an alternative competitive process based on experience, qualifications, and price. (Public Utilities Commission) 9/10/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 9/24/07, SUBSTITUTED. San Francisco Public Utilities Commission submitted a substitute ordinance bearing new title. 9/24/07, ASSIGNED to Budget and Finance Committee. PROPOSED RESOLUTION 071365 [Proposition J: Contracting Out Transit Shelter Advertising and Maintenance Services] Resolution concurring with the Controller's determination that it is more economical for the San Francisco Municipal Transportation Agency to contract for transit shelter advertising and maintenance services than to provide the same services with City employees for Fiscal Year 2007-08. (Municipal Transportation Agency) 9/24/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Mirkarimi To: Director, San Francisco Unified School District To: Director, Department of Public Works Requesting/Inquiring: Requesting the San Francisco Unified School District and the Department of Public Works report on the status of: Removing graffiti from the wall of Ida B. Wells on Fell between Pierce and Steiner. Removing graffiti from the wall of John Muir Elementary School on Oak between Buchanan and Laguna. From: Supervisor Mirkarimi To: Director, Department of Parking & Traffic Requesting/Inquiring: Requesting the Department of Parking and Traffic report on the status of removing graffiti on the parking signs located on both sides of the street (unless otherwise noted), at the following locations: Stanyan between Parnassus and Frederick Ashbury between Haight and Oak Turk between Masonic and Lyon Broderick between Golden Gate and Turk Central between Turk and McAllister McAllister between Baker to Divisadero Central between Grove and Hayes Waller between Clayton and Stanyan From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works report on the status of condition and repair for the sidewalks on Webster Street between Ellis and Turk. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works report on the status of removing graffiti at the following property location: 552-558 Central Avenue From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works report on the status of removing the graffiti from mailboxes and garbage cans at the following locations: Mailboxes Southeast corner of Golden Gate and Lyon Northwest In Memoriams Jimmy Kwok - Supervisor Peskin Peter Wong (Empress Suzie Wong) - Supervisor Dufty ADJOURNMENT There being no further business the Board adjourned at the hour of 4:03 p.m. Angela Calvillo, Clerk of the Board N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on October 30, 2007. Meeting Procedures The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board 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 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, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber. Citizens are encouraged to testify at Board hearings and to write letters to the Board and 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) 554-4188 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 AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383 Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293. Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555. 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, and N (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 decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This 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