Board of Supervisors Minutes: January 29, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, January 29, 2008 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, 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 present. COMMUNICATIONS CONSENT AGENDA Recommendations of the City Operations and Neighborhood Services Committee 071630 [Accept - Expend Grant, DPH - $213,498] 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. Enacted Number: 31-08 ADOPTED 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. Enacted Number: 32-08 ADOPTED 071638 [Accept-Expend Federal Grant, Mayor's Office of Criminal Justice - $137,989] 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. Enacted Number: 30-08 ADOPTED 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. Enacted Number: 27-08 ADOPTED 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. Enacted Number: 26-08 ADOPTED Recommendations of the Land Use and Economic Development Committee 071581 [Changing the official sidewalk width - Townsend Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1576 to change the official sidewalk width on the northerly side of Townsend Street between 6th and 7th Streets; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1 and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department) (DPW Order No. 177,191) PASSED, ON FIRST READING 071449 [Acceptance of the gift related to the improvement of a portion of the Lyon Street Stairs] Supervisors Alioto-Pier, Sandoval Resolution acknowledging and accepting Richard C. Blum's gift to refurbish a portion of the Lyon Street Stairs and dedicating these improvements to public use. Enacted Number: 44-08 ADOPTED Recommendations of the 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". Enacted Number: 36-08 ADOPTED 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. Enacted Number: 33-08 ADOPTED 071665 [Accept-Expend State Grant, Chief of Police - $220,000] Supervisor Elsbernd 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 $220,000 from the Governor's Office of Emergency Services for a program entitled "Anti-Gang Initiative/Project Search & Rescue". Enacted Number: 34-08 ADOPTED 071666 [Accept-Expend Federal Grant, Chief of Police - $754,618] Supervisor Elsbernd 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 $754,618 from the U.S. Department of Justice, Bureau of Justice Assistance for a program entitled "Byrne 2007 Discretionary Grant Program; BJA-Targeting Violent Crime Initiative". Enacted Number: 35-08 ADOPTED 080048 [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 $950,000 from the Governor's Office of Homeland Security for the Buffer Zone Protection Program, and to enter into an MOU with Bay Area Rapid Transit (BART) to fund critical infrastructure needs. Enacted Number: 38-08 ADOPTED Recommendations of the Rules Committee 080002 [Settlement of Lawsuit - Daniel Worrell] Ordinance authorizing settlement of the lawsuit filed by Daniel Worrell against the City and County of San Francisco for $585,000; the lawsuit was filed on August 25, 2006 in San Francisco Superior, Case No. 455-569; entitled Daniel Worrell v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 080015 [Settlement of Lawsuit - Francis Kelly et al.] Ordinance authorizing the settlement of a lawsuit filed by Francis Kelly et al., acting for themselves and others similarly situated, against the City and County of San Francisco for $755,000.00 plus accrued interest; the lawsuit was filed on February 25, 2005, in the United States District Court for the Northern District, Case No. C05-1287, entitled Francis Kelly, et al., v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 080028 [Appointment - Library Citizens Advisory Committee] Motion appointing Theodore Bamberger, term ending July 18, 2008, to the Library Citizens Advisory Committee. Theodore Bamberger, succeeding Richard Mason, term expired, seat 12, must be member from the community at large, representative of senior citizens, for the unexpired portion of a two-year term ending July 18, 2008. Enacted Number: M08-10 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Government Audit and Oversight Committee 071136 [Recreation and Park Department - Camping, Sleeping] Mayor Ordinance amending San Francisco Park Code Section 3.12 to prohibit cooking, and to prohibit modification of park landscape to create a shelter; and amending Section 3.13 to prohibit sleeping in any park from 8:00 p.m. to 8:00 a.m. (Supervisor Daly dissented in Committee.) Enacted Number: 12-08 FINALLY PASSED by the following vote: Ayes: 8 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 3 - Ammiano, Daly, Sandoval Recommendation of the Public Safety Committee 071536 [Access to and retention of community safety camera recordings] Supervisors Sandoval, Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Section 19.3 to allow the Public Defender and other criminal defense attorneys and investigators to obtain community safety camera recordings for particular purposes; and amending Section 19.6 to specify the procedures for the Public Defender and other criminal defense attorneys and investigators to request community safety camera recordings and to require that the Department of Telecommunications and Information Services retain the recordings for at least 30 days but not more than 30 days. Continued to February 12, 2008 Supervisor Sandoval, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendation of the Rules Committee 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. Supervisor Sandoval, seconded by Supervisor McGoldrick, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NEW BUSINESS Recommendation of the Budget and Finance Committee 080018 [Public Auction - Sell certain parcels of tax-defaulted real property] Resolution authorizing Tax Collector to sell at public auction certain parcels of tax-defaulted real property. (Treasurer-Tax Collector) Enacted Number: 39-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the City Operations and Neighborhood Services Committee 071607 [Trans Fat Free Program Ordinance] Supervisors Maxwell, Peskin, Ammiano, Alioto-Pier, McGoldrick, Daly Ordinance amending the San Francisco Health Code by adding Article 37, Sections 3701 through 3711, to: (1) encourage restaurants located in the City and County of San Francisco to discontinue the use of artificial trans fat in food served to customers by creating an incentive program, and (2) provide regulations for the voluntary trans fat free program. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 071247 [Liquor License Transfer - 22 Sixth Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage license from 26 6th Street to 22 6th Street (District 6) to Jamal Taha for Rite-by Grocery, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions. Enacted Number: 40-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 071067 [Liquor License - 2598 San Bruno Avenue] Resolution determining that the issuance of a Type 40 on-sale beer license to John Casimier Mitchell for Fat Beli Deli located at 2598 San Bruno Avenue (District 10), will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions. Enacted Number: 41-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Land Use and Economic Development Committee 071681 [Changing the name of an approximately 200-ft long portion of Jessie Street bounded by 5th and Mint Streets and a 75-ft long portion of Mint Street to Mint Plaza] Supervisor Daly Resolution changing the name of an approximately 200-foot-long portion of Jessie Street (from 400 to 426 Jessie Street), bounded by 5th Street and Mint Street and an approximately 75-foot portion of Mint Street (containing one address, 54 Mint Street) to Mint Plaza, in recognition of the newly constructed pedestrian plaza that now occupies those areas. Enacted Number: 29-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080036 [Adopting the Planning Department's report on File 071534 - Interim Moratorium on Institutional Uses in the Western SoMa] Supervisors Peskin, Sandoval, Maxwell, Ammiano Motion adopting the Planning Department's report on File No. 071534 - an interim zoning moratorium to prohibit the establishment of new institutional uses in the Western SoMa Planning Area Special Use District for 45 Days. Enacted Number: M08-9 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendation of the Public Safety Committee 080049 [Accept and Expend FY 07 Urban Areas Security Initiative Grant and Amend Annual Salary Ordinance, FY 2007-2008] Supervisor Elsbernd Ordinance authorizing the Department of Emergency Management, on behalf of the City and County San Francisco as the primary grantee for the combined Bay Area Urban Area ("Super UASI" or "SUASI") region and as the fiscal agent for the SUASI Approval Authority, to retroactively accept and expend an Urban Areas Security Initiative ("UASI") grant in the amount of $27,304,000 from the United States Department of Homeland Security, through the California Governor's Office of Homeland Security; amending Ordinance No. 175-07 (Annual Salary Ordinance, FY 2007-2008) to reflect the extension of eight grant-funded positions at the following Departments: Emergency Management; Police; Fire; Health; and Sheriff; and amending Ordinance No. 175-07 (Annual Salary Ordinance, FY 2007-2008) to reflect the addition of six grant-funded positions at the Department of Emergency Management. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Rules Committee With Recommendation "Do Submit" 071664 [Charter Amendment - Retired employees convicted of crimes involving moral turpitude in connection with their employment to forfeit any right to pension benefits funded from employer contributions] Supervisor Elsbernd Charter Amendment (First Draft) to amend Sections A8.584-9, A8.586-12, A8.587-9, A8.588-12, A8.597-12 and A8.598-12, and by adding Sections A8.584-13, A8.586-16, A8.587-14, A8.588-16, A8.597-16 and A8.598-16 to reaffirm the voters' intent that members convicted of a crime involving moral turpitude in connection with their duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County of San Francisco, shall forfeit any right to a retirement benefit funded, in whole or in part, from contributions by the City and County, the school district, or the college district. Continued to February 5, 2008 Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Charter Amendment be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Board of Supervisors Sitting as a Committee of the Whole Supervisor McGoldrick was noted absent at 2:40 p.m. 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 to whether any member of the public wished to address the Board members. Laura Phillips, Director of Emergency Services Ron Dudgeon, Staff of the Emergency Services Francisco da Costa Male speaker The President declared the public hearing closed. HEARD AT PUBLIC HEARING. SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor It was decided to 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. Supervisor Ammiano introduced, welcomed and presented a Certificate of Honor to Ms. Roma Guy in appreciation for her long service on the Health Commission. Supervisor Peskin introduced, welcomed and presented an In Memoriam to the family of Linus Black. The Board of Supervisors adjourned its meeting of January 29, 2008 in his memory. 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. There were none. Continued to February 26, 2008 Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, 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 February 26, 2008 Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, 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 February 26, 2008 Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, 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 February 26, 2008 Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval COMMITTEE REPORTS 080093 [Zoning - Extending the interim moratorium on institutional uses in the Western SoMa] Supervisors Peskin, Ammiano, Maxwell, Daly Urgency Ordinance approving an extension of interim zoning moratorium to prohibit the establishment of new institutional uses in the Western SoMa Planning Area Special Use District for an additional 22 months and 15 days and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. Supervisors Ammiano, Maxwell and Daly requested to be added as co-sponsors. Enacted Number: 11-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, 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. Abdullah Megaheed; expressed concern with issues relating to the homeless James Chaffee; expressed concern with issues relating to the SF Public Library Female speaker; expressed concern with issues relating to the time at which public comment is held and her concern regarding the tiger incident at the Zoo Dierdre Lane; expressed concern with issues relating to the MTA security officer's contract Security Officer; expressed concern with issues relating to the MTA security officer's contract Security Officer; expressed concern with issues relating to the MTA security officer's contract Richard McGreary; expressed concern with issues relating to his patent for the design of the Sigmund Stern Grove John di Donna; expressed concern with issues relating to the violations of human rights 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. Supervisor McGoldrick was noted present at 4:06 p.m. 080101 [Western Addition Branch Library grand re-opening] Supervisor Mirkarimi Resolution commemorating the grand re-opening of the Western Addition Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. Enacted Number: 37-08 ADOPTED 080102 [Opposing the "California Property Owners and Farmland Protection Act"] Supervisors Sandoval, Peskin, McGoldrick, Mirkarimi, Maxwell, Daly, Dufty, Ammiano Resolution opposing the "California Property Owners and Farmland Protection Act" as exacerbating the housing crisis in San Francisco, undermining the City's efforts to rebuild the water delivery system, and restricting the City's ability to fight global warming and enforce sensible land use policies. Enacted Number: 45-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080106 [Commending Steve McAdam] Supervisor Peskin Resolution commending Steve McAdam. Enacted Number: 43-08 ADOPTED 080112 [National Wear Red Day - February 1, 2008] Supervisor Peskin Resolution declaring February 1, 2008 as National Wear Red Day in San Francisco. Enacted Number: 28-08 ADOPTED 080080 [Final Map - 829 - 831 Folsom Street] Motion approving Final Map 4477, a 69 Unit Residential Condominium Project, located at 829 - 831 Folsom Street being a subdivision of Lot 091 in Assessors Block No. 3752 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 177,321; District 6.) Enacted Number: M08-5 APPROVED 080081 [Final Map - 755 Eddy Street] Motion approving Final Map 2512, a 12 Unit Residential Condominium Project, located at 755 Eddy Street being a subdivision of Lot 010 in Assessors Block No. 0742 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 177,310; District 6.) Enacted Number: M08-6 APPROVED 080082 [Final Map - 2525 California Street] Motion approving Final Map 4170, a 16 Residential Unit and 3 Commercial Unit Mixed-Use Condominium Project, located at 2525 California Street being a subdivision of Lot 032 in Assessors Block No. 0655 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 177,351; District 5.) Enacted Number: M08-7 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Severed from the Without Reference to Committee Agenda Supervisor Alioto-Pier requested that this matter be severed so that it might be considered separately. The President inquired as to whether any member wished to address the Board members. There were none. The President declared the public hearing closed. 071599 [Committee of the Whole - January 29, 2008 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 January 29, 2008. Enacted Number: M08-8 APPROVED. Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. 080103 [New Ingleside Branch Library groundbreaking] Supervisors Elsbernd, Sandoval Resolution recognizing the groundbreaking ceremony for the new Ingleside Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. Amended by replacing "February 5, 2008' with "February 15, 2008." Enacted Number: 42-08 Supervisor Elsbernd, seconded by Supervisor McGoldrick, moved that this Resolution be ADOPTED AS AMENDED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor McGoldrick requested that this matter be severed so that it might be considered separately. 080107 [Supporting an application for federal funding to evaluate the use of Maglev in San Francisco] Supervisor Alioto-Pier Resolution supporting an application for federal funding to evaluate the use of Maglev in San Francisco. Supervisor McGoldrick requested that this matter be referred to Committee. REFERRED to the Rules Committee OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 080156 [Zoning - Prohibition on specified educational services in Western SoMa] Supervisor Peskin Ordinance amending the Planning Code by amending Section 823 to prohibit educational institutions as defined in Section 890.50(c) in the Western SoMa Planning Area Special Use District; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Economic Impact 1/29/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/28/2008. 080157 [Zoning - Educational services and institutional uses, Mixed Use Districts and NCDs] Supervisor Peskin Ordinance amending the Planning Code by amending Sections 102.2 to exclude specified accredited educational institutions from the definition of arts activities; amending Section 790.50 and 890.50 to clarify that certain institutions, including accredited educational institutions, in the Neighborhood Commercial Districts and Mixed Use Districts are required to comply with applicable provisions of the institutional master plans as set forth in Section 304.5; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. 1/29/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/28/2008. 080160 [Prohibition on accepting campaign contributions from contractors doing business with the City] Supervisor Peskin Ordinance amending Chapter 1 of Article I of the Campaign and Governmental Conduct Code by amending sections 1.104 and 1.126 to expand the definition of controlled committees to encompass elected officials who raise $10,000 or more in contributions for the committee and to prohibit elected officials and their controlled committees from soliciting or accepting contributions from certain City contractors. 1/29/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 2/28/2008. 080161 [Prohibition on making, soliciting, or accepting campaign contributions from persons with land use matters before a decision-making body] Supervisor Peskin Ordinance amending Chapter 1 of Article I of the Campaign and Governmental Conduct Code by amending section 1.104 and adding section 1.127 to prohibit making, soliciting or accepting contributions to members of the Board of Supervisors, candidates for the Board of Supervisors, the Mayor, candidates for Mayor and their controlled committees from any person with a land use matter before a Board or Commission. 1/29/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 2/28/2008. 080162 [Disclosure of lobbying by campaign consultants] Supervisor Peskin Ordinance amending Chapter 1 of Article II of the Campaign and Governmental Conduct Code by amending section 2.117 to require campaign consultants to disclose lobbying contacts with any officer of the City and County. 1/29/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 2/28/2008. Resolutions 080150 [Approving Amendment to Paratransit Broker Agreement with ATM/Vancom] Supervisor Alioto-Pier Resolution approving Amendment No. 7 to Agreement between the City and County of San Francisco and ATC/Vancom, Inc., to extend the current contract for two years, through March 31, 2010; to augment the scope of work to implement the new debit card program; to lease up to 40 new vans to the Paratransit Broker for use in the Paratransit Program; and to increase the contract amount by $33,803,476, for a total contract amount not to exceed $191,825,015. (Fiscal Impact.) 1/29/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080151 [Accept-Expend Regional Grant - Airport Commission] Supervisor Chu Resolution authorizing the Airport Commission to accept and expend two (2) grants totaling $298,000 from the Bay Area Air Quality Management District (Air District) for acquisition of clean air vehicles by Airport transportation operators. 1/29/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080152 [Condemning Drug Enforcement Agency Actions Against Property Owners Leasing Space to Medical Cannabis Dispensaries] Supervisors Daly, McGoldrick, Mirkarimi Resolution reaffirming that the City and County of San Francisco is a sanctuary for medical cannabis, an integral component of which are property owners who, pursuant to City regulations, lease space to authorized Medical Cannabis Dispensaries ("MCD"s) that provide needed services to qualified medical cannabis patients and their caregivers, and that the City vehemently condemns the Drug Enforcement Agency (DEA) for issuing sensational letters to these property owners threatening asset forfeiture and imprisonment. 1/29/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 080154 [Accept-Expend Federal Grant - Airport Commission] Supervisor Elsbernd Resolution authorizing the Airport Commission to accept and expend funding in a total amount of $849,126 from the Transportation Security Administration ("TSA") for the Airport K-9 Explosives Detection Team Program. 1/29/08, RECEIVED AND ASSIGNED to Public Safety Committee. 080155 [Extending the term of service for the Power Plant Task Force] Supervisor Maxwell Resolution to extend the expiration date of the Power Plant Task Force from June 1, 2007 to December 31, 2009. 1/29/08, RECEIVED AND ASSIGNED to Rules Committee. 080158 [Apply for Grants from a State Agency - Department of the Environment] Supervisor Alioto-Pier Resolution authorizing the Department of the Environment to apply for a grant of up to $200,000 from the California Energy Commission for the purpose of studying the feasibility of the use of Geothermal Heat Pumps as a source of renewable energy for the City of San Francisco. 1/29/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 080159 [Issuance and Sale of Tax-Exempt Bonds - Lyc