Board of Supervisors Minutes: March 18, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, March 18, 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 2:01 p.m. On the call of the roll Supervisors Maxwell and Sandoval were noted absent. There was a quorum present. Supervisors Maxwell and Sandoval were noted present at 2:03 p.m. CONSENT AGENDA Recommendation of the Budget and Finance Committee 080230 [Appropriating $4,270,320 for Capital Improvements at San Francisco General Hospital in the Department of Public Health for Fiscal Year 2007-2008] Supervisor Chu Ordinance appropriating $4,270,320 of General Fund Budget Savings Incentive Reserve Funding for capital improvements at San Francisco General Hospital associated with central service building seismic upgrades and electrical power distribution in the Department of Public Health for Fiscal Year 2007-2008. (Fiscal Impact.) Enacted Number: 44-08 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 080039 [Landmark Tree Designation of Blue Elderberry located in the Bernal Heights Natural Area at Folsom Street and Bernal Heights Boulevard] Supervisor Ammiano Ordinance designating the Blue Elderberry (Sambucus mexicana) in the Bernal Heights Natural Area (Assessor's Block 5548, Lot 002) at Folsom Street and Bernal Heights Boulevard as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Enacted Number: 42-08 FINALLY PASSED 080040 [Landmark Tree Designation of Moreton Bay Fig at 3555 Cesar Chavez Street, facing Valencia Street] Supervisor Ammiano Ordinance designating the Moreton Bay Fig (Ficus macrophylla) at 3555 Cesar Chavez Street (Assessor's Block 6575, Lot 002), facing Valencia Street as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Enacted Number: 43-08 FINALLY PASSED 080041 [Landmark Tree Designation of Flowering Ash tree no. 1 at 500 Cortland Avenue] Supervisor Ammiano Ordinance designating the Flowering Ash (Fraxinus ornus) tree no. 1 at 500 Cortland Avenue, in front of the Bernal Heights Library, which flanks the eastern side of the main doors to the library on Cortland Avenue (Assessor's Block 5707, Lot 027) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Enacted Number: 46-08 FINALLY PASSED 080042 [Landmark Tree Designation of Flowering Ash tree no. 2 at 500 Cortland Avenue] Supervisor Ammiano Ordinance designating the Flowering Ash (Fraxinus ornus) tree no. 2 at 500 Cortland Avenue, in front of the Bernal Heights Library, which flanks the western side of the main doors to the library on Cortland Avenue (Assessor's Block 5707, Lot 027) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Enacted Number: 47-08 FINALLY PASSED Recommendation of the Government Audit and Oversight Committee 080236 [Repealing the San Francisco Traffic Code and enacting Division I of the San Francisco Transportation Code to conform to the requirements of Proposition A] Supervisor Peskin Ordinance repealing the San Francisco Traffic Code and enacting Division I of a new San Francisco Transportation Code, setting forth requirements for the regulation of transit, traffic, streets and parking under the jurisdiction of the Board of Supervisors, including the regulation of news gathering vehicles, enforcement authority, parking control, rules for driving, bicycle registration, towing and impoundment, abatement of nuisance vehicles, procedures on the temporary use or occupancy of public streets and violations. Enacted Number: 45-08 FINALLY PASSED Recommendation of the Land Use and Economic Development Committee 071528 [Administrative Code - Amendments Creating Large Tourist Hotel Conversion Ordinance] Supervisors Peskin, Ammiano, Daly, Maxwell, Mirkarimi, Sandoval Ordinance amending the Administrative Code to add Section 41F to limit conversion of Large Tourist Hotels into condominium projects, allowing the Planning Commission to approve conversion of up to 500 units before March 1, 2010, establishing conditions precedent and procedures for an annual lottery system for conversions after March 1, 2010, requiring applicants for conversions to provide the Planning Department with certain information regarding the conversion, creating a 120-month sunset period, and making environmental findings. Enacted Number: 41-08 FINALLY PASSED Recommendations of the Rules Committee 080178 [Settlement of Lawsuit - Lydia Jones] Ordinance authorizing settlement of the lawsuit filed by Lydia Jones against the City and County of San Francisco for $65,000.00; the lawsuit was filed on October 23, 2006 in San Francisco Superior Court, Case No. CGC-06-457229; entitled Lydia Jones v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 39-08 FINALLY PASSED 080179 [Settlement of Lawsuit - Susan Sponseller] Ordinance authorizing settlement of the lawsuit filed by Susan Sponseller against the City and County of San Francisco for $100,000; the lawsuit was filed on January 24, 2007 in San Francisco Superior Court, Case No. 459858; entitled Susan Sponseller v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 49-08 FINALLY PASSED 080180 [Settlement of Lawsuit - Kelly Medora] Ordinance authorizing settlement of the lawsuit filed by Kelly Medora against the City and County of San Francisco for $235,000; the lawsuit was filed on January 27, 2006 in United States District Court, Northern District of California, Case No. C06-00558 EDL; entitled Kelly Medora, et al., v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 48-08 FINALLY PASSED 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 Budget and Finance Committee 080196 [Appropriating $246,000 of General Fund Reserve to the Human Resources Department to fund the Workers' Compensation Clinic at San Francisco General Hospital] Supervisors Mirkarimi, Ammiano, Daly Ordinance appropriating $246,000 from the General Fund Reserve to the Human Resources Department to fund the Workers' Compensation Clinic at San Francisco General Hospital for Fiscal Year 2007-2008. (Supervisors Elsbernd and Chu dissented in committee.) (Fiscal Impact.) Enacted Number: 63-08 FINALLY PASSED by the following vote: Ayes: 8 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Chu, Elsbernd From the Rules Committee Without Recommendation 071661 [Menu Labeling At Chain Restaurants] Supervisors Ammiano, Dufty, Mirkarimi, McGoldrick, Maxwell Ordinance amending Sections 468 through 468.8 of the San Francisco Health Code to (1) require chain restaurants to disclose, per standard menu item, the total number of calories on menu boards and food tags, and the total amount of calories, saturated fat, carbohydrates and sodium on menus; (2) revise existing requirements for providing nutritional information on alternative disclosure media; and (3) authorize the Department of Public Health to impose a fee on chain restaurants for implementation of the ordinance. Enacted Number: 40-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NEW BUSINESS From the Budget and Finance Committee Without Recommendation 071552 [Approving Water System Improvement Program (WSIP) Agreement] Resolution approving Amendment No. 1 to Agreement No. CS-765 of the San Francisco Water System Improvement Program (WSIP) - Program/Project/Pre-Construction Management Services with Parsons Water and Infrastructure. (Public Utilities Commission) (Supervisor Daly dissented in committee) (Fiscal Impact.) Supervisor McGoldrick, seconded by Supervisor Elsbernd, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ADOPTED AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Daly Recommendations of the Government Audit and Oversight Committee 071518 [Standards of Care for City Shelters] Supervisors Ammiano, Mirkarimi, Peskin, Daly, Maxwell, Sandoval Ordinance amending the San Francisco Administrative Code by adding a new Article 13 to Chapter 20 to: 1) mandate certain provisions in all contracts for City funded shelters, 2) require the City to take corrective enforcement measures against City-funded shelter contractors who fail to comply with contractual provisions that this Article requires; 3) require the Shelter Monitoring Committee to investigate complaints against City funded-shelters, and 4) require the Director of the Department of Public Health to determine if the imposition of liquidated damages is warranted against shelters who fail to comply with a corrective action plan. (Fiscal Impact.) Supervisor Sandoval requested to be added as a co-sponsor. Supervisor Ammiano, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 2 - Chu, Elsbernd 080229 [Shelter Monitoring Committee] Supervisors Ammiano, Peskin, Maxwell, Sandoval Ordinance amending section 20.302 of the San Francisco Administrative Code to require the Department of Public Health to assign two full-time employees to staff the Shelter Monitoring Committee, subject to the fiscal and budgetary provisions of the Charter. Supervisor Sandoval requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 2 - Chu, Elsbernd Recommendation of the Land Use and Economic Development Committee 071672 [Public Works Code - Landmark Trees] Supervisor McGoldrick Ordinance amending Section 810 of the San Francisco Public Works Code to make clarifying changes, establish hearing notice provisions, and extend the term of temporary designation of nominated landmark trees; and making environmental findings. 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 Without Recommendation 080260 [Appointment, Planning Commission - Ryan Brooks] Motion approving the Mayor's appointment of Ryan Brooks to the Planning Commission term ending June 30, 2008. (Mayor) (Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 080261.) Transmittal date - February 14, 2008. The President informed the Board members that the Clerk of the Board was in receipt of a correspondence from the Mayor indicating that the nominee had withdrawn his application and therefore the Mayor was withdrawing his nomination. President indicated that since the nomination was withdrawn there was nothing before them to consider. FILED. 080261 [Appointment, Planning Commission - Ryan Brooks] Motion rejecting the Mayor's appointment of Ryan Brooks to the Planning Commission term ending June 30, 2008. (Mayor) (Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 080260.) Transmittal date - February 14, 2008. The President informed the Board members that the Clerk of the Board was in receipt of a correspondence from the Mayor indicating that the nominee had withdrawn his application and therefore the Mayor was withdrawing his nomination. President indicated that since the nomination was withdrawn there was nothing before them to consider. FILED. 080265 [Appointment, Public Utilities Commission - Francis X. Crowley] Motion approving the Mayor's appointment of Francis X. Crowley to the Public Utilities Commission, for the term ending January 15, 2012. (Mayor) (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed; companion measure to Files 080266, 080267.) Transmittal date - February 20, 2008. Enacted Number: M08-51 Supervisor Daly, seconded by Supervisor Elsbernd, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080266 [Appointment, Public Utilities Commission - Francis X. Crowley] Motion rejecting the Mayor's appointment of Francis X. Crowley to the Public Utilities Commission, for the term ending January 15, 2012. (Clerk of the Board) (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed; companion measure to Files 080265, 080267.) Transmittal date - February 20, 2008. Supervisor Daly, seconded by Supervisor Elsbernd, 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 080267 [Appointment, Public Utilities Commission - Francis X. Crowley] Motion taking no position concerning the Mayor's appointment of Francis X. Crowley to the Public Utilities Commission, for term ending January 15, 2012. (Clerk of the Board) (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed; companion measure to Files 080265, 080267.) Transmittal date - February 20, 2008. Supervisor Daly, seconded by Supervisor Elsbernd, 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 Recommendations of the Rules Committee 080294 [Confirming the re-appointment of London Breed to the San Francisco Redevelopment Agency] Mayor Motion confirming the re-appointment of London Breed to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2011. Enacted Number: M08-50 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080295 [Confirming the re-appointment of Darshan Singh to the San Francisco Redevelopment Agency] Mayor Motion confirming the re-appointment of Darshan Singh to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2011. Enacted Number: M08-49 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080302 [Appointment, Mental Health Board - M. Lara Arguelles] Motion appointing M. Lara Arguelles, term ending January 31, 2010, to the Mental Health Board. M. Lara Arguelles, succeeding Robert Douglas, term expired, seat 13, must be a family member, for the unexpired portion of a three-year term ending January 31, 2010. Enacted Number: M08-48 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Daly Excused From Voting Supervisor McGoldrick, seconded by Supervisor Mirkarimi, moved to excuse Supervisor Daly at their request, because of possible conflict of interest, from voting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly 080270 [Appointment, Small Business Commission - Michael O'Connor] Motion appointing Michael O'Connor, term ending January 6, 2012, to the Small Business Commission. Michael O'Connor succeeding himself, term expired, seat 1, must be appointed by the Board of Supervisors. Must be an owner, operator, or officer of a San Francisco small business, for a four-year term ending January 6, 2012. Enacted Number: M08-47 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly Recess The Board recessed at the hour of 3:04 p.m. Reconvening of the Board The Board reconvened at the hour of 4:01 p.m. Calling the Roll The following Supervisors were noted present: Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval - 6 Supervisors Chu was noted present at 4:02 p.m. Supervisor Daly was noted present at 4:05 p.m. SPECIAL ORDER 3:30 P.M - Recognition of Commendations Supervisor Peskin introduced, welcomed and presented a Certificate of Honor to the Junior League of San Francisco. SPECIAL ORDER 3:30 P.M 070967 [Public Hearing - Appeal of Minor Sidewalk Encroachment for 1166 Haight Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works, by its letter dated June 13, 2007, approving a request of Minor Sidewalk Encroachment Permit to construct a warped driveway ramp and two (2) planter boxes to encroach 3'-0" into the public sidewalk right-of-way (25% of the sidewalk width as allowed by Article 15, Section 723.2 of the Public Works Code) fronting the property at 1166 Haight Street to provide access to a proposed garage below grade. (Appellant: Raquel Fox.) (Filed June 28, 2007; companion measure to Files 070968, 070969; District 5.) Continued to April 29, 2008 Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 6 - Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 5 - Alioto-Pier, Ammiano, Chu, Daly, McGoldrick Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the minor sidewalk encroachment permit appeal 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.) 070968 [Minor Sidewalk Encroachment Permit Appeal for 1166 Haight Street] Motion disapproving the decision of the Director of Public Works' approval of a Minor Sidewalk Encroachment Permit at 1166 Haight Street and denying the Encroachment Permit. Continued to April 29, 2008 Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 6 - Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 5 - Alioto-Pier, Ammiano, Chu, Daly, McGoldrick 070969 [Minor Sidewalk Encroachment Permit Appeal for 1166 Haight Street] Motion approving the decision of the Director of Public Works' approval of a Minor Sidewalk Encroachment Permit at 1166 Haight Street and denying the appeal. Continued to April 29, 2008 Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 6 - Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 5 - Alioto-Pier, Ammiano, Chu, Daly, McGoldrick SPECIAL ORDER 4:00 P.M. 080250 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 9 Douglass Street] Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated August 22, 2008, that a project at 9 Douglass Street (Building Permit Application No. 2007.01.11.1515, Case No. 2007.0306DD) is exempt from environmental review under the California Environmental Quality Act (CEQA). The proposed project would construct a vertical addition to the rear portion of a one-story-over-garage, single-family dwelling and a 4-foot horizontal rear addition located in a RH-2 (Residential House, One Family) District, and a 40-X Height and Bulk District (Assessor's Block 2623, Lot 047). (Appellant: Stephen M. Williams) (Filed 2/8/08; Companion measure to 080251; 080252; 080253; District 8.) Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Hearing be TABLED. The motion carried by the following vote: Ayes: 8 - Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 3 - Alioto-Pier, Ammiano, 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.) 080251 [Affirming the categorical exemption issued for the 9 Douglass Street project] Motion affirming the determination by the Planning Department that the 9 Douglass Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Enacted Number: M08-52 Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 8 - Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 3 - Alioto-Pier, Ammiano, McGoldrick 080252 [Disapproving the categorical exemption issued for the 9 Douglass Street project] Motion disapproving the determination by the Planning Department that the 9 Douglass Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 8 - Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 3 - Alioto-Pier, Ammiano, McGoldrick 080253 [Preparation of findings related to the 9 Douglass 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 9 Douglass Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Enacted Number: M08-53 Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 8 - Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 3 - Alioto-Pier, Ammiano, McGoldrick PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. James Chaffee; expressed concern with issues relating to the SF Public Library Eugene Gordon Jr.; expressed concern with various issues John Di Donna; expressed concern with various issues Female speaker; expressed concern with public health budget cuts Tensin Dasang; expressed concern with human rights for Tibet citizens Male speaker; expressed concern with human rights for Tibet citizens Mr. Tauku; expressed concern with human rights for Tibet citizens Male speaker; expressed concern with human rights for Tibet citizens Ti Ton Kun; expressed concern with human rights for Tibet citizens Tsewang; expressed concern with human rights for Tibet citizens Dhonyo; expressed concern with human rights for Tibet citizens Thedo Tulku; expressed concern with human rights for Tibet citizens Abdullah Megaheed; expressed concern with issues relating to the homeless and public health Male speaker; expressed concern with issues relating to the homeless and public health Eric Quan; expressed concern with human rights for Tibet citizens Diane Johnson; expressed concern with budget cuts 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. 080352 [Commending Emeric Kalman] Supervisors Elsbernd, Peskin Resolution commending Emeric Kalman on his many years of service to his community and participation in local government. Enacted Number: 124-08 ADOPTED 080353 [Commendation for Dr. Julianne Malveaux] Supervisor Maxwell Resolution commending Dr. Julianne Malveaux on her appointment as the 15th President of Bennett College for Women and proclaiming March 24, 2008 Dr. Julianne Malveaux day in San Francisco. Enacted Number: 126-08 ADOPTED 080354 [Save Candlestick State Recreation Area] Supervisor Maxwell Resolution urging the California State Legislature to keep Candlestick State Recreation Area in the City of San Francisco open and allocate additional funding for the park to fulfill the general plan. Enacted Number: 123-08 ADOPTED 080355 [Supporting University of California patient care and service employees in contract negotiations] Supervisor Ammiano Resolution supporting University of California low-wage patient care and service employees and the findings of Failing California's Communities: How the University of California's Low Wages Affect Surrounding Cities and Neighborhoods. Enacted Number: 128-08 ADOPTED 080356 [Grant funds to support worker health and safety - $7,360] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $7,360 from the University of California, Berkeley for a project entitled "Worker Health and Safety in Chinatown Restaurants," for the period of September 1, 2007 through August 31, 2008. Enacted Number: 125-08 ADOPTED 080357 [Approval of a 60 day extension for Planning Commission review] Supervisor Alioto-Pier Resolution extending by 60 days the prescribed time within which the Planning Commission may render its decision on a proposed Resolution that would initiate the designation of The Metro Theatre, 2055 Union Street, Lot 018 in Assessor's Block 0541, as a landmark pursuant to Section 1004.1 of the Planning Code. Enacted Number: 127-08 ADOPTED 080358 [Urging the State to pay expenses for special election] Supervisors Peskin, Chu Resolution urging the California State Legislature to introduce and support legislation to pay for the expenses authorized and incurred in the preparation for and conduct of the special election proclaimed by the Governor, and the special primary election required by law, to fill the vacancy in the office of the Member of Congress from the 12th Congressional District. Supervisor Chu requested to be added as a co-sponsor. Enacted Number: 129-08 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 080379 [Regulating the conditions for purchasing prior public service credit through the Retirement System] Supervisor Elsbernd Ordinance amending Administrative Code Sections 16.55-1 through 16.55-4 to allow miscellaneous members of the San Francisco Employees' Retirement System to purchase credit for prior public service at any time before retirement, to require the Retirement System to calculate the cost to purchase that service credit based on the normal cost percentage for that service as determined by the actuary, to require the member to pay for all of the normal cost for the service credit, to allow eligible members to choose to receive prorated service credit if they terminate an installment agreement to purchase prior public service, and to conform to changes in the applicable law and Retirement System practices. 3/18/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 3/24/08 - Sent referral letter to the Retirement System. 080380 [Unsolicited Print Publications--Stop Distribution Notice] Supervisor Mirkarimi Ordinance requiring publishers of unsolicited print publications to provide a toll-free number or an e-mail address for residents who do not want to receive such print publications; prohibiting the distribution of such print publications to residents who request not to receive such print publications; and assessing penalties. 3/18/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 071002 [Laguna, Haight, Buchanan and Hermann Streets Special Use District] Supervisors Mirkarimi, Ammiano Ordinance approving the Laguna, Haight, Buchanan, and Hermann Streets Special Use District (SUD) by amending the San Francisco Planning Code by adding Section 249.32 to create a new SUD bounded by Laguna, Haight, Buchanan and Hermann Streets (Assessor's Blocks 857 and portions of Assessor's Block 870) to permit a mixed-use project at the former UC Berkeley Extension property; and adopting findings, including findings under the California Environmental Quality Act. (No Economic Impact) 7/10/07, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 8/9/2007. 7/13/07, REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comment. 10/2/07, Board adopted six month extension for review by Planning Commission; see File 071380. 2/13/08, RESPONSE RECEIVED. Planning Department Executive Summary; Planning Commission Resolution 17535. 3/4/08, ASSIGNED to Land Use and Economic Development Committee. 3/4/08, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing the same title. 3/18/08, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing the same title. 3/18/08, ASSIGNED to Land Use and Economic Development Committee. Resolutions 080381 [Resolution commending Susan Leal on her 15 years of dedicated service to the citizens of the City and County of San Francisco] Supervisors Dufty, Ammiano, Peskin, Maxwell, Chu, Elsbernd, Alioto-Pier, Sandoval, Mirkarimi, Daly, McGoldrick Resolution commending Susan Leal on her 15 years of dedicated service to the citizens of the City and County of San Francisco. 3/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080382 [Supporting storm water runoff requirements for federal development projects] Supervisors Alioto-Pier, Ammiano, Dufty, Mirkarimi Resolution supporting the storm water runoff requirements for federal development projects. 3/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080383 [Condemning Oklahoma State Representative Sally Kerns' remarks directed toward the LGBT community] Supervisors Ammiano, Dufty Resolution condemning Oklahoma State Representative Sally Kerns' remarks regarding the LGBT community. 3/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080384 [Gift of Funds to Office of Labor Standards Enforcement - $33,892.65] Supervisors Maxwell, Peskin Resolution authorizing the Office of Labor Standards Enforcement to accept and expend a gift in the amount of $33,892.65 pursuant to the settlement agreement in Aubrey et al. v. Marriott International, Inc. et al. for the purpose of enforcement of the San Francisco Minimum Wage. 3/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080385 [Commending Breathe California Golden Gate Public Health Partnership] Supervisor Maxwell Resolution recognizing Breathe California on its 100th anniversary of continuous service to the Bay Area community. Since 1908, Breathe California has been fighting lung disease through prevention, education, advocacy and patient services. 3/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080386 [Commending California Institute of Integral Studies] Supervisor Maxwell Resolution commending California Institute of Asian Studies and proclaiming April 8, 2008 as California Institute of Integral Studies Day in San Francisco. 3/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 080364 [Budget Analyst's report titled "Evaluation of the City's Health Promotion Programs"] Supervisor Elsbernd Hearing on the Budget Analyst's report titled "Evaluation of the City's Health Promotion Programs", released March 11, 2008. 3/18/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 080365 [Asthma Task Force] Supervisor Dufty Hearing on the status and implementation of Asthma Task Force recommendations and collaboration between the SFUSD and the San Francisco Asthma Task Force. 3/18/08, RECEIVED AND ASSIGNED to Rules Committee. 080366 [Review of the Gartner report on Technology and Information Technology in the San Francisco Police Department] Supervisor Dufty Hearing to review the findings and recommendations of the Gartner report, completed in May 2007, on current SFPD infrastructure and opportunities to improve performance, management and decision making. The hearing will also consider SFPD's plan to address and implement changes based upon these recommendations. 3/18/08, RECEIVED AND ASSIGNED to Public Safety Committee. Sponsor requests that the item be referred to Public Safety Committee. 080367 [Three-Year Budget Projection for FY 2008-2009 through FY 2010-2011] Supervisor McGoldrick Hearing on the Three-Year Budget Projection for FY 2008-2009 through FY 2010-2011 (Joint Report). 3/18/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080368 [Back Streets Business Advisory Board] Supervisor Maxwell Hearing on the findings and recommendations of the Back Streets Business Advisory Board and presentation of the Board's final report, Made In San Francisco. 3/18/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Motion 080369 [Directing the Office of Legislative Analyst to process suggestions by City employees on reducing or eliminating City expenditures] Supervisor McGoldrick Motion directing the Office of Legislative Analyst to process suggestions by City employees on reducing or eliminating City expenditures and creating efficiencies and reporting their recommendations to the Budget and Finance Committee. 3/18/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. PROPOSED ORDINANCES 080334 [Settlement of Lawsuit - CCSF v. Pacific Gas & Electric Company, et al.] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Pacific Gas and Electric Co., et al. on June 20, 2005, in San Francisco Superior Court, Case No. CGC-05-442416, entitled, City and County of San Francisco, a municipal corporation v. Pacific Gas and Electric Co., a corporation, Stacy and Witbeck/Esquivel, a joint venture, Stacy and Witbeck, Inc., a corporation, Esquivel Grading and Paving, Inc., a corporation, Bauman Landscape, Inc., a corporation, and DOES 1 to 25, inclusive. (City Attorney) 3/5/08, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 080332 [Security Services Contract Approval - Guardsmark LLC- $21,100,370] Resolution approving the contract between the City and County of San Francisco and the Guardsmark LLC to provide security services to the Human Services Agency for the period from May 1, 2008 to April 30, 2013, in the amount of $20,300,257. (Human Services Department) 3/4/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080333 [Ten Year Capital Expenditure Plan 2009-2018] Supervisor Elsbernd Resolution adopting the City's ten year capital expenditure plan for fiscal years 2009-2018. (City Administrator) 3/4/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080371 [Department of Human Resources contract for implementation of services] Resolution approving the award and execution of a $13,563,250 29-month contract by the City and County of San Francisco, through its Department of Human Resources, to CIBER, Inc., for implementation services to integrate the City's human resources and payroll functions. (Human Resources Department) (Supervisors Daly and Mirkarimi dissented in committee.) 3/10/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor McGoldrick To: Director, Department of Environment Requesting/Inquiring: Requesting information from the Department of the Environment regarding the Urban Forest Council. Please provide our office with the UFC meeting schedules, agendas, attendance records, staffing support requirements, and budget information (all costs associated with staffing the UFC) from January 2007 to March 2008. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requests that the Department of Public Works report on the status of repairing potholes at the following locations: Potholes Numerous potholes on the 200 Block of Haight Street Crosswalk collapsing on Fillmore and Waller (South side of Fillmore Street) From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requests that the Department of Public Works report on the status of removing graffiti from the following locations: Phone Switch Boxes Northeast corner of Oak and Fillmore Northeast corner of Octavia and Ivy Southeast corner of Fell and Pierce Southwest corner of Steiner and Waller Northeast corner of Fell and Laguna (mailbox) From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requests that the Department of Public Works report on the status of removing graffiti from the public property located at the following locations: Emergency Boxes Northeast corner of Page and Buchanan Southeast corner of Page and Fillmore Southeast corner of Page and Steiner Southwest corner of Steiner and Hayes Southwest corner of Divisadero and Oak From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requests that the Department of Public Works report on the status ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:05 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 April 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) 554-4188 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383 Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293. Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909. Disability access The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals. Know Your Rights Under the Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine Lobbyist Registration and Reporting Requirements Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics