Board of Supervisors Minutes: December 4, 2007

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, December 4, 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, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Sophie Maxwell, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval. Members Excused: Jake McGoldrick. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:03 p.m. On the call of the roll Supervisor McGoldrick was noted absent. There was a quorum present. Supervisor McGoldrick was excused from attending today's meeting. Supervisor McGoldrick Excused from Attendance Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved to excuse Supervisor McGoldrick from attending today's meeting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick APPROVAL OF MEETING MINUTES Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved to approve the November 6, 2007 and November 13, 2007 Meeting Minutes. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Privilege of the Floor Supervisor Sandoval, seconded by Supervisor Alioto-Pier, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the Mayor of San Salvador. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick CONSENT AGENDA Recommendation of the Budget and Finance Committee 071433 [Public Employment - Department of Public Health] Supervisors Mirkarimi, Maxwell, Ammiano, Dufty Ordinance amending Ordinance No. 175-07 (Annual Salary Ordinance FY 2007-2008) reflecting the addition of 12.90 positions in the Department of Public Health to support acute psychiatric beds at San Francisco General Hospital. (Fiscal Impact.) Enacted Number: 275-07 FINALLY PASSED Recommendations of the Rules Committee 071417 [Settlement of Lawsuit - CCSF v. Michael Levine and What Do We Do? Inc.] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Michael Levine and What Do We Do? Inc. for $30,000; the lawsuit was filed on May 26, 2006 in San Francisco Superior Court, Case No. 452-470; entitled City and County of San Francisco, et al., v. Michael Levine, et al.; other material terms of said settlement are that Judgment is to be entered against Michael Levine personally in the amount of $30,000, that payment of $15,000 is to be made at the time of finalization of the settlement of this matter, that the remaining payment of $15,000 is to be in monthly installments over a period of 18 months, and if any payment is late, the entire amount is immediately due, payable and collectible. (City Attorney) PASSED, ON FIRST READING 071459 [Settlement of Lawsuit - Pacific Gas and Electric Company] Ordinance authorizing settlement of the lawsuit filed by Pacific Gas & Electric ("PG&E") against the City and County of San Francisco for $10,000; the lawsuit entitled Pacific Gas and Electric Company v. City and County of San Francisco, et al., Case No. RG-05-246128, was filed on December 9, 2005 in Alameda County Superior Court; other material terms of said settlement are set forth in the Stipulated Judgment and Final Order of Condemnation (and exhibits thereto), contained in Board of Supervisors File No. 071459. (City Attorney) PASSED, ON FIRST READING 071513 [Settlement of City's Lawsuit Against Dynegy, Inc., Dynegy Marketing and Trade and West Coast Power LLC] 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 approximately $480,000 to the City from defendants Dynegy, Inc. and its affiliates Dynegy Marketing and Trade and West Coast Power LLC. (City Attorney) PASSED, ON FIRST READING 071480 [Re-Appointment - Local Homeless Coordinating Board] Resolution re-appointing Christine Ma, M.D., for a term to be determined, to the Local Homeless Coordinating Board, residency requirement waived. (Controller) Enacted Number: 669-07 ADOPTED 071548 [Appointment - In-Home Supportive Services Public Authority] Resolution appointing Gustavo Serina, term ending March 1, 2009, to the In-Home Supportive Services Public Authority. Gustavo Serina, succeeding Anita Aaron, resigned, seat 7, must be a member of the Commission on the Aging, recommended to the Board by the Commission, for the unexpired portion of a three-year term ending March 1, 2009. Enacted Number: 664-07 ADOPTED 071483 [Settlement of Grievance - Service Employees International Union, AFL-CIO, Local 790 ("Union")] Resolution approving the settlement of the grievance (ERD No. 81-06-1465) filed by Service Employees International Union, AFL-CIO, Local 790 ("Union") on behalf of Grievant Victoria Sargent against the City and County of San Francisco for $133,751.52. Other material terms of said settlement is that Grievant and Union shall release all claims relating to Grievant's employment with the City and that Grievant shall be restricted from any future employment with the City. (City Attorney) Enacted Number: 670-07 ADOPTED 071549 [Appointment - Western SoMa Citizens' Planning Task Force] Resolution appointing Dennis Juarez, term ending June 30, 2008, to the Western SoMa Citizens' Planning Task Force, residency requirement waived. Dennis Juarez (residency requirement waived), succeeding Terrance Alan, resigned, seat 10, must represent the entertainment industry, for the unexpired portion of a term ending June 30, 2008. Enacted Number: 668-07 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 071574 [Adopting findings related to disapproving the Categorical Exemption issued for the 376 Eureka Street project] Motion adopting findings related to disapproving the determination by the Planning Department that the 376 Eureka Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Continued to December 11, 2007 Supervisor Dufty, seconded by Supervisor Ammiano, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Recommendation of the Budget & Finance Committee 071458 [Amendment to Contract for Electric Services] Ordinance approving the amendment between the City and County of San Francisco and the United States, through the Department of Energy Western Area Power Administration, for the performance of duties and obligations of a Scheduling Coordinator pursuant to the California Independent System Operator Tariff and for the delivery of low cost electric power to Treasure Island and Yerba Buena Island on file with the Clerk of the Board of Supervisors in File No. 041351; and approving the City indemnifying and holding the United States harmless against claims arising from the activities of the City under the contract, and waiving the requirement of Section 21.19 of the San Francisco Administrative Code which requires that a City contract contain a statement of guaranteed maximum costs, and waiving the requirement of Section 21.35 of the San Francisco Administrative Code which requires that every contract contain a statement regarding liability of claimants for submitting false claims. (Public Utilities Commission) (Fiscal Impact.) Enacted Number: 276-07 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Noes: 1 - Daly Excused: 1 - McGoldrick NEW BUSINESS Recommendation of the Government Audit and Oversight Committee 071541 [Appropriating $8,890,628, of additional Proposition 1B State Funds revenue for street resurfacing projects in the Department of Public Works for Fiscal Year 2007-2008] Mayor, Supervisor Elsbernd Ordinance appropriating $8,890,628 of additional Proposition 1B State Funds for street resurfacing projects in the Department of Public Works for Fiscal Year 2007-2008. The department will use the accelerated appropriations of bond funds from the state to fund projects for which design money has already been appropriated and were included in the City's FY 2008-09 capital program. Supervisor Elsbernd requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Recommendations of the Land Use and Economic Development Committee 071215 [Initiate the designation of the Metro Theater, 2055 Union Street as a Landmark] Supervisor Alioto-Pier Resolution initiating designation of the Metro Theater, 2055 Union Street, located on the south side of Union Street, encompassing all of Lot 018 in Block 541, as a Landmark pursuant to Section 1004.1 of the San Francisco Planning Code. Enacted Number: 672-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 071303 [CalHome Application] Mayor Resolution authorizing the Mayor's Office of Housing to accept and expend $1,000,000 from the California Department of Housing and Community Development and to execute any related documents necessary to participate in the CalHome Program. Enacted Number: 667-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Recommendations of the Rules Committee Supervisor Chu Excused from Voting Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to excuse Supervisor Chu from voting on File Nos. 071535 and 071645. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 2 - Chu, McGoldrick 071535 [Appointment - Urban Counties Caucus] Supervisor Peskin Resolution appointing Supervisor Carmen Chu, term ending December 31, 2008 to the Urban Counties Caucus. Enacted Number: 655-07 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 2 - Chu, McGoldrick 071546 [Appointment - California State Association of Counties] Resolution appointing Supervisor Carmen Chu, term ending November 28, 2008, as an alternate member to the California State Association of Counties Board of Directors. Enacted Number: 656-07 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 2 - Chu, McGoldrick 071547 [Appointment - California State Association of Counties] Resolution appointing Supervisor Jake McGoldrick, term ending November 28, 2008, to the California State Association of Counties Board of Directors. Enacted Number: 666-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick From the Rules Committee Without Recommendation Supervisor Chu Excused From Voting Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved to excuse Supervisor Chu from voting on this matter due to a possible conflict of interest. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 2 - Chu, McGoldrick 071538 [Imposing a suppression order upon the Board of Supervisors] Supervisor Sandoval Motion self-imposing a suppression order upon members of the Board of Supervisors and its staff after the Ethics Commission has forwarded to the Board a recommendation in the official misconduct proceedings against Supervisor Edmund Jew. Continued to January 8, 2008 Supervisor Sandoval, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 2 - Chu, McGoldrick Board of Supervisors Sitting as a Committee of the Whole 071488 [Public hearing relating to consideration and possible selection for outside Legal Counsel to advise and represent the Board of Supervisors in the official misconduct proceedings against Supervisor Edmund Jew] Hearing to allow applicants to present their qualifications and allow members of the public to comment on applications submitted for providing services to the Board of Supervisors for the official misconduct proceedings against Supervisor Edmund Jew; possible selection by the Board of Supervisors, from one of the following two applicants, for outside Legal Counsel for said official misconduct proceedings. (NOTE: The Board may move to select one of the following applicants for Outside Legal Counsel for the official misconduct proceedings.) Garcia Calderon Ruiz, LLP Robert Weisberg, Professor of Law The President inquired as whether any member of the public wished to address the Board members. Members of the Garcia Calderon Ruiz, LLP Mary Hernandez, Attorney at Law George Yin, Attorney at Law Nicolas Vaca, Attorney at Law Robert Weisberg, Professor of Law The President declared the Public hearing closed. Supervisor Sandoval, seconded by Supervisor Ammiano, moved to direct the Clerk of the Board to enter into an agreement with Robert Weisberg, Professor of Law, to provide services as the outside legal counsel for the official misconduct proceedings against Supervisor Edmund Jew. HEARD AT PUBLIC HEARING. Board of Supervisors Sitting as a Committee of the Whole 071588 [Hearing at the Full Board on the response to the November 7, 2007 oil spill in the San Francisco Bay] Supervisor Alioto-Pier Hearing to examine the response of the various agencies involved in the response to the oil spill, including the Coast Guard and the Golden Gate National Recreation area, and their coordination with City agencies, including the Department of Emergency Management. The hearing will further examine how response decisions were made and communicated to the relevant parties. The President inquired as whether any member of the public wished to address the Board members. Continued to January 29, 2008 Supervisor Ammiano, seconded by Supervisor Dufty, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 071218 [Charter Amendment - San Francisco Affordable Housing Fund and Public Accountability] Supervisors Daly, Ammiano, Mirkarimi, Peskin, Maxwell, Sandoval, Dufty, McGoldrick Charter amendment (Second Draft) to add Section 16.127 to: establish a baseline appropriation and set aside the equivalent of the available annual tax of two and one-half cents ($0.025) on each one hundred dollars ($100) of assessed property tax valuation for the next fifteen (15) years to support affordable housing programs; require the Mayor's Office of Housing, in cooperation with the Department of Public Health and Department of Human Services, to prepare an affordable housing plan every three (3) years and an annual affordable housing budget; affirm City policy urging the Redevelopment Agency to use at least fifty percent (50%) of its tax increment funds for low and moderate income housing; and set an expiration date of July 1, 2024. Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Supervisor Daly, seconded by Supervisor Ammiano, moved that this Charter Amendment be CONTINUED AS AMENDED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Sandoval, seconded by Supervisor Alioto-Pier, 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: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Supervisor Sandoval introduced, welcomed and presented a Certificate of Honor to Anita Fadeef in recognition of her 100th Birthday celebration. Supervisor Dufty introduced, welcomed and presented a Certificate of Honor to Virgina Harmon, in recognition of her service as the Director of the Human Rights Commission. Supervisor Alioto-Pier was noted absent at 5:40 p.m. 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 February 26, 2008. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 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 February 26, 2008. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 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 February 26, 2008. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 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 February 26, 2008. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 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 January 8, 2008 Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 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 January 8, 2008 Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 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 January 8, 2008 Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 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 January 8, 2008 Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick COMMITTEE REPORTS 071523 [Accept-Expend Federal Pass Through Grant - Department of Emergency Management, Division of Emergency Services] Supervisor Elsbernd Resolution authorizing the Department of Emergency Management, Division of Emergency Services, to accept and expend a Federal pass through grant in the amount of $1,723,887 from the Governor's Office of Homeland Security for three grant programs: the State Homeland Security Program (SHSP), the Law Enforcement Terrorism Prevention Program (LETPP), and the Metropolitan Medical Response System (MMRS). Enacted Number: 665-07 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 071597 [Accept-Expend FY 07 Community Oriented Policing Services Grant and Amend Annual Salary Ordinance, FY 2007-2008] Supervisor Elsbernd Ordinance authorizing the Department of Emergency Management, as fiscal agent for multiple local jurisdictions, to retroactively accept and expend a Community Oriented Policing Services (COPS) grant in the amount of $5,733,986 from the United States Department of Justice and to provide $406,002 as San Francisco's portion of required matching funds; and amending Ordinance No. 175-07 (Annual Salary Ordinance, FY 2007-2008) to reflect the addition of one position (0.75 FTE) IS Project Director in the Department of Emergency Management (ECD). PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 070678 [Planning - institutional master plan review for medical institutions] Supervisors Maxwell, Ammiano, Alioto-Pier, Sandoval, McGoldrick Ordinance amending Planning Code Section 304.5, Institutional Master Plans, to require a qualified health planner retained by the Department of Public Health to analyze the relationship between the City's long-term health care needs and facility planning for medical institutions as part of the Institutional Master Plan and revisions process; clarifying and updating the Institutional Master Plan process through minor changes to generally applicable institutional master plan requirements, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 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. Abdullah Megahed; expressed concern with issues relating to health care for the homeless Male speaker; expressed concern with issues relating to Falon Gung not being allowed to participate in the Chinese Parade Male speaker; expressed concern with issues relating to Falon Gung not being allowed to participate in the Chinese Parade James Chaffee; expressed concern with issues relating to the SF Public Library Eugene Gordon, Jr.; expressed concern with issues relating to the violations of human rights Peter Warfield; expressed concern with issues relating to the fines and fees to be proposed by the SF Library John di Donna; expressed concern with issues relating to the violation of the freedom of speech Bruce Ellison; expressed concern with issues relating to senior housing Richard Robinson; expressed concern with issues relating to cooking oil Francisco da Costa; expressed concern with issues relating to the oil spill on the bay and the way in which it was handled by City agencies Tom Pickerello; showed support for the Project Connect program Male speaker; expressed concern with issues relating to transportation APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board. 071587 [Legislative Analyst Report - J Power USA] Supervisor Alioto-Pier Motion requesting the Legislative Analyst research on J Power USA and its parent company, J Power. APPROVED by the following vote: Ayes: 7 - Ammiano, Chu, Daly, Dufty, Elsbernd, Mirkarimi, Sandoval Noes: 2 - Maxwell, Peskin Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. 071600 [Commending the Neighborhood Emergency Response Team (NERT) Training Program] Supervisors Chu, Alioto-Pier, Dufty Resolution commending the San Francisco Neighborhood Emergency Response Team (NERT) Training Program for their efforts in the Cosco Busan oil spill clean-up. Enacted Number: 660-07 ADOPTED 071601 [Commending the Red Cross, Bay Area Chapter] Supervisors Chu, Alioto-Pier, Dufty Resolution commending the Red Cross, Bay Area Chapter for their efforts in the Cosco Busan oil spill clean-up. Enacted Number: 659-07 ADOPTED 071602 [Commending SF Connect] Supervisors Chu, Alioto-Pier, Dufty Resolution commending SF Connect for their efforts in the Cosco Busan oil spill clean-up. Enacted Number: 658-07 ADOPTED 071603 [Commending The Volunteer Center] Supervisors Chu, Alioto-Pier, Dufty Resolution commending the Volunteer Center for their efforts in the Cosco Busan oil spill clean-up. Enacted Number: 657-07 ADOPTED 071604 [Biodiesel Filling Station Permitting, Policies and Creation Extension of Biodiesel Access Taskforce] Supervisor McGoldrick Resolution extending the Biodiesel Access Taskforce to continue developing and recommending to the appropriate City departments, including the Board of Supervisors and Mayor, a permitting process for biodiesel filling stations and incentives for such stations to be located in the City; urging the San Francisco Unified School District to pursue the use of biodiesel blends in school buses; establishing a City policy to request biodiesel usage in City contracts involving diesel fleets. Enacted Number: 674-07 ADOPTED 071605 [Urging the Department of Public Works to immediately assemble a working group to develop a "Citizens How To Kit" assisting citizens in determining their options to help underground their neighborhood] Supervisors Dufty, Alioto-Pier Resolution urging the Department of Public Works to immediately assemble a working group to develop a "Citizens How To Underground Kit" providing citizens with advice and information on their options to help underground their neighborhood. Enacted Number: 673-07 ADOPTED 071606 [2008 Board of Supervisors Meeting Schedule] Motion revising the regular meeting schedule of the Board of Supervisors by canceling the January 22, 2008, February 19, 2008, May 27, 2008, July 1, 2008, September 30, 2008, October 14, 2008, November 11, 2008, December 2, 2008, December 23, 2008 and December 30, 2008 meetings and by canceling all Board and Committee meetings from August 13 through September 2, 2008. (Clerk of the Board) Enacted Number: M07-147 APPROVED 071492 [Final Map - 2443 - 2445 Clement Street] Motion approving Final Map 4495, a 9 Residential Unit and 1 Commercial Unit Mixed-Use Condominium Project, located at 2443 - 2445 Clement Street being a subdivision of Lot 050 in Assessors Block No. 1457 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 177,223; District 1) Enacted Number: M07-148 APPROVED 071498 [Final Map - 84 Vandewater Street] Motion approving Final Map 4276, a 5 Unit Residential Condominium Project, located at 84 Vandewater Street being a subdivision of Lot 023 in Assessors Block No. 0041 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 177,262; District 3) Enacted Number: M07-149 APPROVED The foregoing items were acted upon by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick Severed From Without Referecne to Committee Agenda Supervisor Alioto-Pier requested that this matter be severed so that it might be considered separately. 071599 [Committee of the Whole - December 4, 2007 regarding the November 7, 2007 Oil Spill] Supervisor Alioto-Pier Motion scheduling the Board to sit as a Committee of the Whole to review the City's response to the oil spill, to be held on December 4, 2007. Amended by replacing the date of "December 4, 2007" with "January 29, 2008." Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Motion scheduling the Board to sit as a Committee of the Whole to review the City's response to the oil spill, to be held on January 29, 2008. Continued to January 29, 2008 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED AS AMENDED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 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. [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Elsbernd, seconded by Supervisor Chu, moved ADOPTION of the Serious Injury Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick [Brown Act Finding] Motion that the Board find by roll call vote that for the resolution(s) 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 Elsbernd, seconded by Supervisor Chu, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 071622 [Accept-Expend State Grant - SF Port Commission] Supervisor Peskin Resolution authorizing the San Francisco Port Commission to accept and expend $1,900,000 in Carl Moyer Program grant funds from the Bay Area Air Quality Management District to fund the construction of a shoreside power facility for cruise ships at Pier 27 and authorizing the Executive Director of the Port to immediately execute any documents required for the implementation of this grant, including any letters of intent, amendments, augmentations or extensions thereof. Enacted Number: 671-07 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Sandoval, seconded by Supervisor Mirkarimi, moved ADOPTION of the Purely Commendatory Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick [Brown Act Finding] Motion that the Board find by roll call vote that for the resolution(s) 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 Sandoval, seconded by Supervisor Mirkarimi, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 071620 [Commendation for Ashley Wheater] Supervisor Maxwell Resolution commending San Francisco Ballet Master, Ashley Wheater and proclaiming December 10, 2007 Ashley Wheater day in San Francisco. Enacted Number: 663-07 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Sandoval, seconded by Supervisor Mirkarimi, moved ADOPTION of the Purely Commendatory Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick [Brown Act Finding] Motion that the Board find by roll call vote that for the resolution(s) 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 Sandoval, seconded by Supervisor Mirkarimi, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 071621 [Commending Rainbow World Fund and the Tree of Hope Project] Supervisor Sandoval Resolution commending Rainbow World Fund and their work through the Tree of Hope project to encourage peace, love and humanitarianism for San Franciscans and people all over the world. Enacted Number: 662-07 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Mirkarimi, seconded by Supervisor Daly, moved ADOPTION of the Purely Commendatory Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick [Brown Act Finding] Motion that the Board find by roll call vote that for the resolution(s) 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 Mirkarimi, seconded by Supervisor Daly, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick 071623 [Commending the SHARE Foundation on the occasion of its 25th Anniversary] Supervisor Sandoval Resolution commending San Salvador Mayor Violeta Menjivar and the SHARE Foundation on the occasion of the foundation's 25th Anniversary. Enacted Number: 661-07 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - Alioto-Pier Excused: 1 - McGoldrick OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 071648 [Requiring the City to give public notice of the termination or expiration of a lease from the School District to the City, when the City has used the leased property in a manner directly serving the public] Supervisor Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Section 23.28, to require the City to give public notice of the termination or expiration of a lease of property from the San Francisco Unified School District to the City, when the City has used the property under the lease in a manner directly serving the public. 12/4/07, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 1/4/2008. 071649 [Zoning - Entertainment Uses] Supervisor Peskin Ordinance amending Sections 102.17, 790.38, and 890.37 of the San Francisco Planning Code to define three types of entertainment use based upon size; amending Sections 1060, 1060.1, 1060.3, 1070, 1070.1 and 1070.3 of the San Francisco Police Code to define the three types of entertainment use authorized by the Planning Code and to require an application and the permit for a place of entertainment or extended-hours activity to specify one of the three types of entertainment use; adopting findings, including environmental findings and findings required by Section 302 of the Planning Code. 12/4/07, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 1/4/2008. 071651 [Planning - Administrative Enforcement Remedies] Supervisors Sandoval, Maxwell Ordinance amending the San Francisco Planning Code by amending Section 176 to authorize the Zoning Administrator to assess administrative penalties for a Planning Code violation; adding Section 176.1 to establish Planning Code enforcement remedies of the Director, which include issuance and recording of orders of abatement, assessment of administrative penalties, and a hearing and appeal process; adopting findings including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 12/4/07, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 1/4/2008. Resolutions 071620 [Commendation for Ashley Wheater] Supervisor Maxwell Resolution commending San Francisco Ballet Master, Ashley Wheater and proclaiming December 10, 2007 Ashley Wheater day in San Francisco. 12/4/07, ADOPTED. 071621 [Commending Rainbow World Fund and the Tree of Hope Project] Supervisor Sandoval Resolution commending Rainbow World Fund and their work through the Tree of Hope project to encourage peace, love and humanitarianism for San Franciscans and people all over the world. 12/4/07, ADOPTED. 071622 [Accept-Expend State Grant - SF Port Commission] Supervisor Peskin Resolution authorizing the San Francisco Port Commission to accept and expend $1,900,000 in Carl Moyer Program grant funds from the Bay Area Air Quality Management District to fund the construction of a shoreside power facility for cruise ships at Pier 27 and authorizing the Executive Director of the Port to immediately execute any documents required for the implementation of this grant, including any letters of intent, amendments, augmentations or extensions thereof. 12/4/07, ADOPTED. 071623 [Commending the SHARE Foundation on the occasion of its 25th Anniversary] Supervisor Sandoval Resolution commending San Salvador Mayor Violeta Menjivar and the SHARE Foundation on the occasion of the foundation's 25th Anniversary. 12/4/07, ADOPTED. 071627 [Grant of State Funds - San Francisco Municipal Transportation Agency] Supervisor Dufty Resolution authorizing the San Francisco Municipal Transportation Agency to accept and expend $200,000 from Regional Transportation Improvement Program funds allocated by the California Transportation Commission for the Addison and Digby Traffic Circle Project. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071628 [Funds to support the HIV Prevention among High-Risk Men in South Africa study] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend retroactively a grant in the amount of $9,429.04 from the University of California, San Francisco (UCSF), to provide technical assistance for the HIV Prevention among High-Risk Men in South Africa (Gauteng MSM Study) to measure the prevalence of HIV risk behaviors and HIV infection in Soweto, South Africa, for the period of November 5, 2007 through April 30, 2008. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071629 [Funds to support the Impact Evaluation in Malawi project] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend retroactively a grant in the amount of $31,466 from the University of California, San Francisco (UCSF), the primary contractor, with funds from the World Health Organization, to provide technical assistance and consultation to create a resource manual documenting the triangulation methodology and will participate in the planning of a national Anti-Retroviral Therapy distribution evaluation, for the period of February 1, 2007 through May 31, 2007. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071630 [Grant to support acute HIV infection detection] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant from the California HIV/AIDS Research Program of the University of California in the amount of $213,498 for the project entitled "Acute HIV Infection Detection in San Francisco and San Mateo," for the period of October 1, 2007 through December 31, 2008, which includes a subcontract with the San Mateo County Health Department for $31,481 for the same time period. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071631 [Accept-Expend Corporate Grant - Department of the Environment] Supervisor Chu Resolution authorizing the Department of the Environment to accept and expend grant funds in the amount of $10,000 from the AAA Greenlight Initiative for the purpose of developing, producing and disseminating a brochure on clean air vehicles in English, Spanish and Chinese. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071632 [Accept-Expend Two Gifts from the Fidelity Charitable Gift Fund] Supervisor Elsbernd Resolution authorizing the San Francisco Public Library to accept and expend two gifts in the amount of $20,000 and $12,000 respectively from the Fidelity Charitable Gift Fund for the enhancement of the Library's public website. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071633 [Accept-Expend Bequest of Phyllis C. Wattis Trust] Supervisor Elsbernd Resolution authorizing the San Francisco Public Library to accept and expend $150,000 from the Friends of the San Francisco Public Library (Friends) from the endowment fund established at the Friends by the PHYLLIS WATTIS Trust for public service improvements at the Main Library. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 1/10/08 - Phone call to Maureen Singleton (contact person) Public Library for more information to accept and expend $150,000 from the endowment fund of Phyllis Wattis Trust for public service improvements at the main Library. 1/14/08 - Received additional information from Public Library for the Phyllis Wattis Trust Accept and Expend legislation. 071634 [San Francisco Fair Lending Working Group] Supervisors Maxwell, Ammiano Resolution establishing a San Francisco Fair Lending Working Group, comprised of industry, community, and City representatives, to study and recommend responses to the current mortgage foreclosure crisis and to provide an initial progress report to the Board of Supervisors within 45 days of its first meeting. 12/4/07, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 071635 [Accept-Expend State Grant, Chief of Police - $295,000] Supervisor Dufty Resolution authorizing the Chief of Police for the City and County of San Francisco to Retroactively accept and expend a grant in the amount of $295,000 from the Governor's Office of Emergency Services for a project entitled "California Multi-Jurisdictional Methamphetamine Enforcement Team (CAL-MMET)" program. 12/4/07, RECEIVED AND ASSIGNED to Public Safety Committee. 071636 [Accept-Expend State Grant, Chief of Police - $235,252] Supervisor Dufty Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend a grant in the amount of $235,252 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for a program entitled "COPSmeth 2007 San Francisco". 12/4/07, RECEIVED AND ASSIGNED to Public Safety Committee. 071637 [Grant of Federal Funds - SF Municipal Transportation Agency] Supervisor Elsbernd Resolution authorizing the San Francisco Municipal Transportation Agency to accept and expend grant funding from $120,500 to $130,000 annually beginning FY2006-2007 through FY2009/2010 from the Transportation Security Administration to continue implementation of a canine bomb detection program. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071638 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ)] Supervisor Elsbernd Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $137,989 from the United States Department of Justice (DOJ), Bureau of Justice Assistance (BJA), under the Bulletproof Vest Partnership program to purchase armor vests for law enforcement officers in the Sheriff's Department, Police Department, Office of the District Attorney, Juvenile Probation Department and Adult Probation Department. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071639 [Accept-Expend State Grant, SF Port Commission - $710,000] Supervisor Maxwell Resolution authorizing the San Francisco Port Commission to accept and expend a total of $710,000 in grant funds from the California Coastal Conservancy ($200,000) and the California Department of Boating and Waterways ($510,000) to fund the Pier 52 Public Boat Launch Project. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071640 [Accept-Expend State Grant, SF Port Commission - $200,000] Supervisor Maxwell Resolution authorizing the San Francisco Port Commission to accept and expend a grant in the amount of $200,000 from the California Cultural and Historical Endowment for planning activities at Pier 70. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071641 [Condemning the Islamic Republic of Iran for its government-sanctioned policy of executing gay and lesbian Iranians] Supervisors Ammiano, Dufty, Mirkarimi Resolution urging the Congressional Human Rights Caucus to support legislation condemning the Islamic Republic of Iran for its government-sanctioned policy of executing gay and lesbian Iranians and calling on Tehran to adopt a more tolerant culture between gay and lesbian Iranians and greater Iranian society. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071642 [Commending the work of the US PROStitutes Collective to end violence and criminalization] Supervisor Ammiano Resolution commending the US PROStitutes Collective for the protection of sex workers all over the nation and to end violence and criminalization through organizing. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071643 [Reinstating 19 union janitors at the new Federal building] Supervisors Daly, Ammiano, Mirkarimi, Sandoval Resolution calling on Exemplar Enterprises to reinstate 19 union janitors at the new state of the art Federal building at 90 7th Street and urging Congresswoman and Speaker of the House of Representatives Nancy Pelosi to call upon the Government Services Agency and Exemplar Enterprises to work to reinstate the janitors at the new Federal building. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071644 [Drug Conviction/Financial Aid] Supervisor Daly Resolution urging San Francisco Congressional representatives to overturn the provision of the Higher Education Act of 1998 that denies or delays access to financial aid for persons convicted for drug-related offenses. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071645 [Approving a 90 day extension for Planning Commission review for Conditional Use Authorization for new construction shading existing registered solar energy systems] 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 Section 303 to require a conditional use authorization for any new construction that would shade a registered solar energy system, as defined, and provide for the registration of existing and new solar energy systems, and making environmental findings, General Plan findings, and other required findings. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071646 [Declaration of Election Results] Resolution declaring the results of the November 6, 2007 Municipal Election. (Clerk of the Board) 12/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071647 [Accept-Expend $14,826 from the Friends of the San Francisco Public Library] Supervisor Elsbernd Resolution authorizing the San Francisco Public Library to accept and expend a gift in the amount of $14,826 from the Friends of the San Francisco Public Library's Main Campaign Fund for public service improvements at the Main Library. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071650 [Resolution in Support of the Pacheco Pass Alternative for the High-Speed Train System] Supervisors Peskin, Elsbernd Resolution urging the California High Speed Rail Authority to adopt the Preferred Network Alternative, Pacheco Pass to San Francisco (via San Jose), for the Central Valley to Bay Area portion of the High-Speed Train system including pursuit of Regional Rail commuter service via the Altamont Pass between Sacramento/Northern San Joaquin Valley and Oakland/San Jose in partnership with local and regional agencies and transit providers. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071652 [Grant of Regional Funds - SF Municipal Transportation Agency] Supervisor Sandoval Resolution authorizing the San Francisco Municipal Transportation Agency to accept and expend $181,280 of Regional Measure 2 - Safe Routes to Transit funding to conduct a study analyzing potential bicycle and pedestrian improvements north of the Balboa Park BART station along Ocean Avenue. 12/4/07, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071653 [Accept- Expend State Grant - Department of Telecommunications and Information Services] Mayor Resolution authorizing the Department of Telecommunications and Information Services to accept and expend a grant in the amount of $49,900.00 from the California Integrated Waste Management Board for the purpose of increasing the Re-Use of Computers and other Electronic equipment in the City and County of San Francisco. 12/4/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 071441 [Urging banks to work with the City to address the affects of subprime lending and calling on the Federal Reserve to take action at the national level to end predatory loan practices] Supervisor Ammiano Resolution urging banks to work with the City to address foreclosures and subprime loan practices; calling on the Federal Reserve to prohibit loans at unaffordable rates, end the misuses of stated loans, eliminate prepayment penalties, and designate failure to escrow taxes and insurance in subprime loans as a deceptive practice. 10/16/07, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 10/23/07, REFERRED to Land Use and Economic Development Committee. 12/4/07, ASSIGNED to Land Use and Economic Development Committee. 12/4/07, SUBSTITUTED. Supervisor Ammiano submitted a substitute resolution bearing the same title. Requests for Hearings 071624 [Annual Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines] Hearing to consider the annual review and approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines. (Clerk of the Board) 12/4/07, RECEIVED AND ASSIGNED to Budget and Finance Committee. 071625 [HIV/AIDS in the Latino community] Supervisor Ammiano Hearing on Aguilas and the organization's efforts to prevent the spread of HIV/AIDS in the Latino community. 12/4/07, RECEIVED AND ASSIGNED to Rules Committee. Sponsor requests that the item be scheduled for the December 13, 2007 special meeting of the Rules Committee. Motion 071626 [Repealing Board Rule 3.9.1 - Mayor's Appearance Before the Board of Supervisors] Supervisor Alioto-Pier Motion amending the Rules of Order of the Board of Supervisors to repeal Rule 3.9.1 regarding Mayor's Appearance Before the Board. 12/4/07, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED ORDINANCES 071575 [Settlement of Lawsuit - Trustees of The J. David Gladstone Institutes, et al., v. CCSF] Ordinance authorizing settlement of the lawsuit filed by Trustees of The J. David Gladstone Institutes against the City and County of San Francisco for the payment of $420,000 to the City and County of San Francisco; the lawsuit was filed on February 13, 2007 in San Francisco Superior Court, Case No. 460-409; entitled Trustees of The J. David Gladstone Institutes, et al., v. City and County of San Francisco, et al; other material terms of the settlement are that the Lease will be amended to terminate The J. David Gladstone Institutes as a tenant of San Francisco General Hospital Building 40. (City Attorney) 11/16/07, RECEIVED AND ASSIGNED to Rules Committee. Requests Granted From: Supervisor Sandoval To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation to allow taxi companies to charge a higher gate fee for alternatively fueled taxis according to the following schedule: • Taxis purchased in year one - ten dollar gate fee increase. • Taxis purchased in year two - six dollar gate fee increase. • Taxis purchased in year three - three dollar gate fee increase. Alternatively fueled vehicles shall include hybrid, liquid natural gas and electric vehicles. The legislation shall also require that after year three traditionally fueled taxis shall be prohibited in the City and County of San Francisco. This requirement shall not be extended to taxis used for para-transit. From: Supervisor Elsbernd To: Director, Department of Parking and Traffic Requesting/Inquiring: Inquiring into the possibility of placement of a stop sign at the intersection of Ridgewood and Joost Street. From: Supervisor Sandoval To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation to prohibit the City and County from selling certain vehicles that were impounded by the police department except for use as scrap metal. This prohibition shall apply to Vehicles that are not required to get smog checks, that are not required to have catalytic converters or vehicles that have been impounded three or more times, unless a vehicle is deemed of historic or unusual cultural value as determined in the sole discretion of the DPT director. From: Supervisor Sandoval To: Controller Requesting/Inquiring: Requesting the Controller to provide the following information: • The number of vehicles sold at Police auction by the City. • A breakdown on the vehicles sold by year, make, and model. • The total revenue generated for the City. • A breakdown of the revenue generated by the year, make, and model of vehicles sold. From: Supervisor Chu To: Director, Recreation and Parks Department To: Director, Human Services Agency To: Chief, Police Department To: Director, Department of Public Works Requesting/Inquiring: Requesting the above departments to provide information regarding to plans to address homelessness in the Sunset District and resources which will be devoted to those efforts. From: Supervisor Mirkarimi To: Director, Public Utilities Commission Requesting/Inquiring: Requesting the Public Utilities Commission to report on the status of removing graffiti from utility poles at the following locations: • 1800 Block of Hayes both metal and wooden poles • Southwest corner of Haight and Divisadero • 1225 Fulton • 762 Hayes • Northwest corner of Golden Gate and Scott • 1286 Fillmore • Southeast corner of Fillmore and Golden Gate • Northeast corner of Laguna and Eddy • Southwest corner of McAllister and Central • Northwest and southwest corner of Golden Gate and Broderick • 1760 Golden Gate • 1727 Golden Gate From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from mailboxes at the following locations: • Northeast corner of Scott and McAllister • Northeast corner of Pierce and Golden Gate • Southwest corner of Hayes and Ashbury • Southeast corner of McAllister and Hayes • 2166 Hayes • Southwest corner of Hayes and Ashbury (Garbage Cans) From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: • 359 Divisadero • 1675 Fulton • 742-750 Central (side of the property) • 482 Haight Street From: Supervisor Mirkarimi To: Director, Department of Public works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following locations: • 2049 Grove Street - Traditions Elementary School (Sidewalk) • 1455 Golden Gate (Sidewalk) From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: • 465 Grove • Grove and Broderick north crosswalk From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations: • Southeast corner of Hayes and Divisadero (Advertiser) • Southeast corner of Haight and Divisadero (Chronicle) • Northwest corner Divisadero and Hayes (Chronicle) • Southeast corner of Hayes and Divisadero (Onion) • Southwest corner of Hayes and Webster (SF Weekly) From: Supervisor Mirkarimi To: Director, Department of Parking and Traffic Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of removing graffiti or repairing signs on the DPT property at the following locations: • "STOP" sign and pole at the southeast corner of Grove and Shrader • "STOP" sign at southeast corner of Grove and Clayton • "STOP" sign northeast and southeast corner of Grove and Ashbury From: Supervisor Mirkarimi To: Director, Department of Parking and Traffic Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of removing graffiti from the following locations: • Northwest corner of Golden Gate and Pierce • Northeast corner of Fulton and Central From: Supervisor Mirkarimi To: Director, Department of Parking and Traffic Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of removing graffiti from the following locations: • Northwest corner of Golden Gate and Pierce • Northeast corner of Fulton and Central • Northwest corner of Fulton and Webster From: Supervisor Mirkarimi To: Director, Department of Parking and Traffic Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of removing graffiti from parking signs and poles at the following locations: • Fulton between Gough and Webster • Hayes between Gough and Lyon • Scott between Golden Gate and Eddy • Pierce between O'Farrell and Eddy • Geary between Webster and Laguna • Laguna between Golden Gate and Ellis • Ashbury between Fulton and Hayes • Masonic between Fell and Fulton • 1924 Hayes (Parking sign covered in stickers) From: Supervisor Mirkarimi To: Director, Department of Parking and Traffic Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of removing graffiti from the following DPT/MTA property: • All corners of Broderick and Fulton (Pedestrian Crossing Signal) • "No Pedestrian Crossing" signs at southwest corner of Webster and Geary • "No Pedestrian Crossing" signs at Gough and Fell • All four corners at Fulton and Laguna (Traffic Light Poles) From: Supervisor Mirkarimi To: Director, Recreation and Park Department Requesting/Inquiring: Requesting the Recreation and Park Department to report on the status of removing graffiti from Handicap sign at the Hayes and Pierce Street entrance to Alamo Square. From: Supervisor Ammiano To: Dean Macris To: Daniel Holmsey Requesting/Inquiring: Inquiring into the following: What is the status of the City's negotiations with the owner of 2660 Harrison? We understand that the City, in conjunction with BHNC, has a rare opportunity to acquire a large site to be developed into 100% affordable housing at 2660 Harrison St. A funding application deadline is fast approaching. What is Planning and MONS doing to ensure that the bid process for this site is not manipulated to the disadvantage of the City, and that the price for the site is not artificially inflated? What is the Mayor's office doing to make sure that the City does not find itself in a situation where the site is artificially bid up to the point where it is no longer affordable, thus forever losing the chance to acquire a much-needed site for 100% affordable housing in the Mission? Is Planning Dept. considering a possible review of 2 projects simultaneously at 2660 Harrison St., one 100% affordable site and one 68 unit market-rate development at the same site, given that the Dept. views 2660 Harrison as an affordable housing site given the Board of Supervisors 2006 decision on the previously proposed project at the site? I respectfully request a written answer by December 11, 2007. From Supervisor Ammiano To: Luis Herrera Requesting/Inquiring: Inquiring into the murals currently covering the Bernal Heights Library branch. The murals have great cultural and historical significance for the Bernal community, and there is little dispute over whether the existing artwork should be restored and preserved. How does the Library plan to preserve and restore the existing artwork to the greatest extent possible? ADJOURNMENT There being no further business the Board adjourned at the hour of 6:32 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 January 8, 2008. 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) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383For information, call (415) 554-5184. Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188. 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