Board of Supervisors Minutes: June 10, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, June 10, 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 2:02 p.m. On the call of the roll Supervisor Daly was noted absent. Supervisor Daly was noted present at 2:03 p.m. There was a quorum present. APPROVAL OF MEETING MINUTES Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to approve the May 6, 2008 Board Meeting Minutes. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval CONSENT AGENDA Recommendation of the Budget and Finance Committee 080606 [Revising Board of Appeals Surcharges] Ordinance amending Section 10G.1 of the San Francisco Administrative Code to adjust the surcharges on permit fees, license fees, permit review fees and permit and license renewal fees imposed by the Department of Building Inspection, the Planning Commission, the Taxi Commission, the Police Department, the Department of Public Works, the Entertainment Commission, and the Department of Public Health for permits and licenses that may be appealed to the Board of Appeals, and making environmental findings. (Mayor) Enacted Number: 105-08 FINALLY PASSED Recommendation of the Rules Committee 080591 [Local Business Enterprise and Non-Discrimination in Contracting Bonding and Financial Assistance Program] Supervisors Elsbernd, Maxwell, Chu, Dufty Ordinance extending the term of the bonding assistance program to end on the earlier of (1) June 30, 2013 or (2) the date on which the Controller is no longer able to certify the availability of funds for any new guarantee agreement. Enacted Number: 104-08 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 From the Land Use and Economic Development Committee Without Recommendation 080091 [Treasure Island Affordable Housing] Resolution encouraging the Treasure Island Development Authority and Mayor's Office of Housing to explore how to increase the percentage of affordable housing to include 50% affordable housing in the Disposition and Development Agreement for the Former Naval Station Treasure Island. Supervisor Daly, seconded by Supervisor Elsbernd, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendation of the Budget and Finance Committee 080514 [Increasing Street Artist Certificate Fee and Increasing Rate of Compensation for the Advisory Committee of Street Artists and Crafts Examiners] Ordinance amending Article 24 of the San Francisco Police Code by amending Section 2404.1 to increase the fee for a Street Artist Certificate and amending Section 2402 to increase the rate of compensation for the Advisory Committee of Street Artists and Craftsmen Examiners, and making environmental findings. (Arts Commission) (Supervisor Daly dissented in committee.) Enacted Number: 103-08 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Daly From the Budget and Finance Committee Without Recommendation 071679 [Solar Energy Incentive Program] Supervisor Dufty Ordinance amending the Environment Code by adding Chapter 18 creating a Solar Energy Incentive Program; establishing limits on the incentive payments; providing eligibility criteria for the incentive payments; establishing limits on the amount of assistance available; allocating program funding among types of buildings; and imposing duties and responsibilities on the program administrator. (Assessor-Recorder) (Supervisor Daly dissented in committee.) Enacted Number: 102-08 FINALLY PASSED by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi, Sandoval Noes: 3 - Daly, McGoldrick, Peskin Board of Supervisors Sitting as a Committee of the Whole 080789 [Public Hearing - Solar Energy Incentive Pilot Program] Hearing to consider an Ordinance creating a Solar Energy Incentive Pilot Program; establishing limits on the incentive payments; providing eligibility criteria for the incentive payments; establishing limits on the amount of assistance available; allocating program funding among types of buildings; and imposing duties and responsibilities on the program administrator. The President inquired as to whether or not any member of the public wished to address the Board members. Michael Borenstein; support of the Solar Energy Ordinance Julian Davis, SF Tomorrow; support of the Solar Energy Ordinance Female speaker; support of the Solar Energy Ordinance Jeanine Cotter; support of the Solar Energy Ordinance Male speaker; support of the Solar Energy Ordinance The President declared the public hearing closed. HEARD AT PUBLIC HEARING. Committee of the Whole Adjourn and Report Without Recommendation 080630 [Solar Energy Incentive Pilot Program] Supervisor Mirkarimi Ordinance creating a Solar Energy Incentive Pilot Program; establishing limits on the incentive payments; providing eligibility criteria for the incentive payments; establishing limits on the amount of assistance available; allocating program funding among types of buildings; and imposing duties and responsibilities on the program administrator. Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Ordinance 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, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Elsbernd Ordinance creating a Solar Energy Incentive Pilot Program; establishing limits on the incentive payments; providing eligibility criteria for the incentive payments; establishing limits on the amount of assistance available; allocating program funding among types of buildings; imposing duties and responsibilities on the program administrator; and establishing requirements applicable to the long-term solar incentive program. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Elsbernd NEW BUSINESS Recommendations of the Budget and Finance Committee 080605 [Motor Vehicles for Hire; Permit Application and License Renewal Fees] Ordinance amending the San Francisco Police Code by amending Sections 2.26.1 and 2.27.1 to increase certain motor vehicle for hire permit application and license renewal fees. (Mayor) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080585 [Approval of the Mental Health Services Act Workforce Development Education and Training Three Year Program and Expenditure Plan] Resolution approving the Mental Health Services Act Workforce Development Education and Training Three Year Program and Expenditure Plan (WET Plan) and authorizing the amendment of the MHSA Agreement to include this Plan in the agreement. (Public Health Department) Enacted Number: 263-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Government Audit and Oversight Committee 080348 [Enterprise Zone Designation] Mayor, Supervisor Peskin Resolution supporting California Enterprise Zone Designation for the City and County of San Francisco. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to the Government Audit and Oversight Committee. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080350 [Enterprise Zone Tax Credit Law] Mayor Draft Ordinance amending Section 906A of the Business and Tax Regulations Code to delete the requirement that a new job be created to obtain the Enterprise Zone Tax Credit after the effective date; to apply the credit to all newly hired Qualified Employees; to revise the definition of "Qualified Employee"; to conform the geographical boundaries of the San Francisco Enterprise Zone with the area approved by the State Department of Housing and Community Development; and to delete an outdated reference to the Private Industry Council and to establish a sunset date. (Economic Impact.) Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Government Audit and Oversight Committee. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080596 [Directing the Budget Analyst to conduct an audit of the SFMTA Proof of Payment Program to determine its effectiveness] Supervisor Dufty Motion directing the Budget Analyst to conduct a review of the San Francisco Municipal Transit Agency's (SFMTA) Proof of Payment Program to determine the effectiveness of the Proof of Payment Program over the past 3 years and the effectiveness of Transit Fare Inspectors and Station agents in preventing fare evasion. Enacted Number: M08-91 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080584 [Outreach Advertising for FY 2008-2009] Resolution designating San Francisco Bay View to be the outreach newspaper of the City and County for the African American community, Asian Week, Sing Tao Daily and China Press to be the outreach newspaper of the City and County for the Chinese community, Bay Area Reporter and the Bay Times to be the outreach newspaper of the City and County for the Gay, Lesbian, Bisexual community and the El Reportero to be the outreach newspaper of the City and County for the Hispanic community, to provide outreach advertising services for Fiscal Year 2008-2009. (Office of Contract Administration) Enacted Number: 262-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Government Audit and Oversight Committee Without Recommendation 080583 [Official Advertising for FY 2008-2009] Resolution designating the Examiner the official newspaper of the City and County of San Francisco for all official advertising for Fiscal Year 08-09. (Office of Contract Administration) Amended to split the contract to include the San Francisco Chronicle. Supervisor Ammiano, seconded by Supervisor Sandoval, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Noes: 2 - Daly, McGoldrick Resolution designating the Examiner and the Chronicle as the official newspapers of the City and County of San Francisco for all official advertising for Fiscal Year 08-09. (Office of Contract Administration) ADOPTED AS AMENDED by the following vote: Ayes: 7 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, Peskin Noes: 4 - Daly, McGoldrick, Mirkarimi, Sandoval CALLED FROM COMMITTEE Supervisor Sandoval Excused From Voting Supervisor McGoldrick, seconded by Supervisor Daly, moved to excuse Supervisor Sandoval, at his request, because of possible conflict of interest, from voting on this matter. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Excused: 1 - Sandoval Board of Supervisors Sitting as a Committee of the Whole 080684 [Public Hearing - Amending Ordinance 174-07 to Remove Funding Reserve for the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008] Supervisor Dufty Hearing of persons interested in or objecting to proposed Ordinance amending the Annual Appropriation Ordinance, Ordinance 174-07 File Number 070773, to remove the $500,000 reserve on the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008. The President inquired as to whether any member wished to address the Board members. Commissioner Ron Albers Superior Court Judge Harold Kahn; Superior Court Presiding Superior Court Judge David Balatti Barbara Garcia, Representative of the Department of Public Health responded to questions raised by Board members Jeff Adachi Public Defender Father Joe; support of a Community Justice Center Rita Shimmons, Glide Memorial; support of a Community Justice Center Darius; support of a Community Justice Center Arthur Evans; support of a Community Justice Center Peter Maziak; opposed to a Community Justice Center Mary Kate Connor; opposed to a Community Justice Center Female speaker; opposed to a Community Justice Center Male speaker; support of a Community Justice Center Female speaker; opposed to a Community Justice Center Female speaker; support of a Community Justice Center Female speaker; support of the Community Justice Center Linda Magellan; support of a Community Justice Center Caroline Diamond; support of a Community Justice Center Bruce Ellison; opposed to a Community Justice Center Julie Ledbetter; opposed to a Community Justice Center Joseph Brown; opposed to a Community Justice Center Kathy Barber; opposed to a Community Justice Center Male speaker; opposed to a Community Justice Center Jim Haas; opposed to a Community Justice Center Male speaker; opposed to a Community Justice Center Female speaker, Representative of Hastings Law School; support of a Community Justice Center Mr. Cruz; opposed to a Community Justice Center David Overdorf; support of a Community Justice Center Female speaker; opposed to a Community Justice Center Rob Black; support of a Community Justice Center Female speaker; opposed to a Community Justice Center Male speaker; support of a Community Justice FILED. Committee of the Whole Adjourn and Report Without Recommendation Appointment of President Pro Tempore At the request of the President, Supervisor Dufty assumed the Chair so the President could participate in the debate from the floor concerning the following item. 080685 [Amending Ordinance 174-07 to Remove Funding Reserve for the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008] Supervisor Dufty Ordinance amending the Annual Appropriation Ordinance, Ordinance 174-07 File Number 070773, to remove the $500,000 reserve on the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008. (Fiscal Impact.) Supervisor Ammiano, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote: Ayes: 7 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Sandoval CALLED FROM COMMITTEE 080484 [Sublease of Real Property at 555 Polk Street] Mayor Resolution authorizing the sublease of 9,000 square feet of office space in the building located at 555 Polk Street for the Community Justice Center through the Department of Public Health. (Fiscal Impact.) Supervisor Ammiano, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote: Ayes: 7 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Sandoval SPECIAL ORDER 3:00 P.M 080631 [Public Hearing - Report of Assessment Costs for Sidewalk and Curb Repairs] Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. The President inquired as to whether any member wished to address the Board members. Robert Quong, Representative of the Department of Public Works Bart Murphy, Property owner Heard at Public Hearing. The President declared the public hearing closed. FILED. 080632 [Report of Assessment Costs for Sidewalk and Curb Repairs] Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. Report amended to delete the following properties: 250 Clement Street, 969 Hyde Street and 242-5th Avenue. Enacted Number: 260-08 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Ammiano, Maxwell SPECIAL ORDER 3:30 P.M 080677 [Public Hearing - Appeal of Tentative Final Map for 43-45 Lansing Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated May 5, 2008, affirming the approval of Tentative Final Map to construct a new 227 unit residential condominium project located at 43-45 Lansing Street, Lot 059 in Assessor's Block No. 3749. (Appellant: Jeremy Paul on behalf of Michael Vriheas) (District 6.) The President inquired as to whether any member wished to address the Board members. The appellant has withdrawn the appeal. The President declared the public hearing closed. FILED. Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Tentative Parcel Map 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.) 080678 [Approving decision of the Director of Public Works and approving the Tentative Map for 43-45 Lansing Street] Motion approving the decision of the Director of Public Works, finding the Tentative Map consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1, and approving the Tentative Map for a 227-unit subdivision located at 43-45 Lansing Street, Assessor's Block 3749, Lot 059. (Clerk of the Board) Enacted Number: M08-92 Supervisor Dufty, seconded by Supervisor Sandoval, 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 080679 [Disapproving decision of the Director of Public Works and disapproving the Tentative Map for 43-45 Lansing Street] Motion disapproving the decision of the Director of Public Works concerning the Tentative Map for a 227-unit subdivision located at 43-45 Lansing Street, Assessor's Block 3749, Lot 059, and disapproving the subdivision. (Clerk of the Board) Supervisor Dufty, seconded by Supervisor Sandoval, 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 080680 [Findings - 43-45 Lansing Street Tentative Map] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision concerning a Tentative Map for a 227-unit subdivision located at 43-45 Lansing Street, Assessor's Block 3749, Lot 059. (Clerk of the Board) Enacted Number: M08-93 Supervisor Dufty, seconded by Supervisor Sandoval, 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 SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Chu, moved Supervisor Alioto-Pier introduced, welcomed and presented Certificates of Honor to members of the Blue Ribbon Panel's Community Outreach Task Force. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval SPECIAL ORDER 4:00 P.M. Supervisor Dufty was noted absent at 5:28 p.m. 080694 [Public Hearing - Disposition and Development Agreement - Redevelopment Agency owned land for 4800 Third Street] Supervisor Maxwell Hearing of persons interested in or objecting to proposed resolution approving the Redevelopment Agency of the City and County of San Francisco's Disposition and Development Agreement (the "Agreement") for a portion of Assessor's Block 5322, Lot 45 commonly known as 4800 Third St Street, to Green Blended Communities, L.L.C., for the purpose of developing affordable for-sale housing for lower income households. The President inquired as to whether any member wished to address the Board members. Heard at Public Hearing. The President declared the public hearing closed. FILED. 080695 [Disposition and Development Agreement - Redevelopment Agency owned land for 4800 Third Street] Supervisor Maxwell Resolution approving the Redevelopment Agency of the City and County of San Francisco's Disposition and Development Agreement (the "Agreement") for a portion of Assessor's Block 5322, Lot 45 commonly known as 4800 Third St Street, to Green Blended Communities, L.L.C., for the purpose of developing affordable for-sale housing for lower income households. Enacted Number: 265-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty COMMITTEE REPORTS 080706 [Appointment, Board of Appeals - Kendall Goh] Motion approving Board of Supervisors President Peskin's appointment of Kendall Goh to the Board of Appeals for the term ending July 1, 2008, and the term ending July 1, 2012. Enacted Number: M08-94 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty 080617 [Accept-expend federal grant funds, Fire Department - $1,173,212] Supervisor Elsbernd Resolution authorizing the San Francisco Fire Department to retroactively accept and expend a grant in the amount of $1,173,212 from the Federal Emergency Management Agency (FEMA) to develop and implement a Wellness and Fitness Program. (Fiscal Impact.) Enacted Number: 264-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty 080783 [Intention to form the Broadway Entertainment Corridor Community Benefit District] Supervisor Peskin Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the "Broadway Entertainment Corridor Community Benefit District" and levy a multi-year assessment on identified parcels in the district, (2) approving the management district plan and engineer's report and proposed boundaries map for the district, (3) ordering and setting a time and place for a public hearing thereon, (4) approving the form of the Notice of Public Hearing and Assessment Ballots, and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Enacted Number: 245-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty 080784 [Intention to form the Yerba Buena Community Benefit District] Mayor Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the "Yerba Buena Community Benefit District" and levy a multi-year assessment on identified parcels in the district, (2) approving the management district plan and engineer's report and proposed boundaries map for the district, (3) ordering and setting a time and place for a public hearing thereon, (4) approving the form of the Notice of Public Hearing and Assessment Ballots, and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Enacted Number: 246-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty ROLL CALL FOR INTRODUCTIONS Appointment of President Pro Tempore At the request of the President, Supervisor Sandoval assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter. 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 Megehed; expressed concern with issues relating to the Iraq war James Chaffee; expressed concern with issues relating to the SF Public Library Edward Evans; support of universal health act Ursula Maguire; support of universal health act Tom Oliver; expressed concern with issues relating to the closure of the hearing dog program Female speaker; expressed concern with issues relating to to the closure of the the hearing dog program Richard McGreary; expressed concern with issues relating to his patent for the Sigmund Grove Peter Warfield; expressed concern with issues relating to the SF Public Library Female speaker; expressed concern with issues relating tothe Zoo contract Walter; shared with the Board in song certain memorabilia Mark Perez; support of universal health act Neil Malleck; shared with the Board San Francisco history Male speaker; expressed concern with issues relating to the violation of human rights in Nigeria Colleen; expressed concern with issues relating to the war and costs and the need to support of World Peace and cease a fire James Cowan; support of universal health act John Jenkel; expressed concern with issues relating to the Iraq War Female speaker; support of universal health act Don Decker; support of universal health act Iona Lonehorna; expressed with issues relating to a fire in her apartment and not getting satisfaction from agencies to fix this apartment Douglas; expressed concern with issues relating to the Zoo and animal welfare Edmund; expressed concern with issues relating to the medical marijuana 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. Supervisors Peskin and McGoldrick were noted absent at 6:02 p.m. 080785 [Lymphoma Research Foundation Day - June 8, 2008] Supervisor Peskin Resolution declaring June 8, 2008 "Lymphoma Research Foundation Day" in San Francisco. Enacted Number: 266-08 ADOPTED 080786 [Grant to support resident transitions at Laguna Honda Hospital - $10,000] Supervisor Elsbernd Resolution authorizing the San Francisco Department of Public Health - Laguna Honda Hospital (DPH-LHH), to accept and expend retroactively a grant in the amount of $10,000 from the Stanford Geriatric Education Center, to support the transitional healthcare project, for the period of September 1, 2007 through June 30, 2008. Enacted Number: 267-08 ADOPTED 080787 [Commending Wooly Wolverton] Supervisor Dufty Resolution commending Wooly Wolverton. Enacted Number: 268-08 ADOPTED 080788 [Condemning Chevron Corporation for its domestic and international business practices] Supervisors Ammiano, Daly, Mirkarimi, Peskin Resolution condemning Chevron Corporation for a systematic pattern of ethically questionable investments, complicity in human rights abuses, and environmental devastation in countries and communities in which it operates. Enacted Number: 270-08 ADOPTED PASS THE CONSENT AGENDA by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, Mirkarimi, Sandoval Absent: 3 - Dufty, McGoldrick, Peskin IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Ammiano, seconded by Supervisor Mirkarimi, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, Mirkarimi, Sandoval Absent: 3 - Dufty, McGoldrick, Peskin [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 Ammiano, seconded by Supervisor Mirkarimi, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, Mirkarimi, Sandoval Absent: 3 - Dufty, McGoldrick, Peskin 080815 [Commending Dr. Marcy Adelman, Tita Aida, and David Cameron Strachan] Supervisors Sandoval, Ammiano, Dufty Resolution commending Dr. Marcy Adelman, Tita Aida, and David Cameron Strachan on their selection as "Unsung Heroes" by KQED and the LGBT community. Enacted Number: 269-08 Supervisor Ammiano, seconded by Supervisor Mirkarimi, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Sandoval Absent: 2 - Dufty, Peskin OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Introduced by Supervisors or Mayor Ordinances Resolutions Requests for Hearing Motions Introduced by the President at the Request of Departments Ordinances 080800 [MOU, Amendment No. 1 - San Francisco Fire Fighters Union, Local 798 (Unit 1)] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1) by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080801 [MOU, Amendment No. 1 - San Francisco Fire Fighters Union, Local 798 (Unit 2)] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 2) by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080802 [MOU, Amendment No. 2 - Service Employees International Union, Local 1021] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #2 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021 by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080803 [MOU, Amendment No. 1 - Automotive Machinists Union, Local 1414] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Automotive Machinists Union, Local 1414, Machinists Automotive Trades District 190, International Association of Machinists and Aerospace Workers by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080804 [MOU, Amendment No. 1 - International Federation of Professional and Technical Engineers, Local 21] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080805 [MOU, Amendment No. 1 - Municipal Attorneys' Association] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Municipal Attorneys' Association by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080806 [MOU, Amendment No. 1 - Operating Engineers Local Union No. 3] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080807 [MOU, Amendment No. 1 - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38 by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080808 [MOU, Amendment No. 1 - Teamsters, Local 350] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Teamsters, Local 350 by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080809 [MOU, Amendment No. 1 - Teamsters, Local 856 (Multi-Unit)] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Teamsters, Local 856 (Multi-Unit) by extending the terms of the parties' Agreement through June 30, 2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080810 [MOU, Amendment No. 2 - Union of American Physicians and Dentists (Unit 8CC)] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #2 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Union of American Physicians and Dentists (Unit 8CC) by extending the terms of the parties' Agreement through June 30, 2010 and by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080811 [MOU, Amendment No. 1 - Union of American Physicians and Dentists (Unit 11AA)] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Union of American Physicians and Dentists (Unit 11AA) by extending the terms of the parties' Agreement through June 30, 2010 and by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080812 [MOU, Amendment No. 2 - Municipal Executives' Association] Mayor, Supervisor Elsbernd Ordinance adopting and implementing Amendment #2 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association by extending the terms of the parties' Agreement through June 30, 2010 and by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080813 [MOU, Municipal Executives' Association - Fire] Mayor, Supervisor Elsbernd Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association Fire, to be effective July 1, 2007 through June 30, 2011. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080814 [MOU, Municipal Executives' Association - Police] Mayor, Supervisor Elsbernd Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association Police, to be effective July 1, 2007 through June 30, 2011. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080818 [Recreation and Park - San Francisco Zoo Policies and Oversight] Supervisor Daly Ordinance adding Section 5.10 to the San Francisco Park Code to establish the San Francisco Zoo as a facility that primarily houses wildlife, domestic and exotic animals acquired from rescue situations, donations, and/or confiscations by law enforcement authorities; and to establish a Zoo Animal Welfare Oversight advisory committee appointed by the Board of Supervisors to advise the Board on policy priorities for ensuring that the needs of the animals are met. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/10/2008. 080819 [Definition of Disability and Eviction Protection for Children] Supervisor Daly Draft ordinance prohibiting owner-move in evictions for households with children under the age of 18, and to amend the definition of disability so that it is the same as the definition of disability in the City's relocation section of the Rent Ordinance. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/10/2008. 080820 [Parcel Map - 2 Unit Buildings in Condominium Conversion Lottery] Supervisor Daly Draft ordinance placing 2 unit buildings in condominium conversion lottery and exempting 2 unit buildings that are owner occupied as of August 1, 2008. (Economic Impact) 6/10/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/10/2008. 080821 [Residential Rent Ordinance, defining and prohibiting tenant harassment and providing remedies of rent reduction, criminal and civil penalties] Supervisor Daly Draft ordinance amending the San Francisco Rent Ordinance to define and prohibit harassment by a landlord and providing for rent reduction fines for landlords who are harassing tenants. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/10/2008. 080822 [Residential Rent Ordinance: Tenant Rights for Victims of Domestic Violence or Stalking] Supervisors Chu, Maxwell, Alioto-Pier Draft ordinance amending Chapter 37 Residential Rent Stabilization and Arbitration Ordinance by making Findings and amending Sections 37.2 and 37.9 to provide protections for tenants who are victims of domestic violence or stalking, including protection from evictions based on the actions of abusers or stalkers, rental agreement termination rights where personal safety is at substantial risk, and confidentiality protections. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 7/10/2008. 080823 [Establishment of floodplain management programs and designation of floodplain administrator] Supervisor Elsbernd Ordinance establishing a floodplain management program by adding Article XX, Sections 2A.280 - 2A.285 to the San Francisco Administrative Code; designating the City Administrator as the floodplain administrator; and providing requirements for designating floodplains and for construction and development in floodplains. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 7/10/2008. 080826 [Menu Labeling at Chain Restaurants] Supervisor Ammiano Ordinance amending Sections 468.2, 468.3, 468.4, 468.5, 468.6, and 468.8 of the San Francisco Health Code to (1) set rounding rules for disclosure of nutritional information, (2) allow nutritional information for pizzas to be listed per serving size, (3) allow chain restaurants to display the information required by Section 468.4 in brochures and booklets, (4) authorize the Director of the Department of Public Health to adopt rules and regulations to enforce these provisions, and (5) extend the deadlines for electronic reporting and disclosure on menus, food tags, and posters. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/10/2008. Sponsor requests that the item be scheduled for the next meeting of Rules Committee. 080827 [To increase rates of Real Property Transfer Tax for sales in excess of $1 million] Supervisor McGoldrick Ordinance amending Section 1102 of Article 12-C of the Business and Tax Regulations Code to increase the Real Property Transfer Tax rate from 0.75% to 1% if value or consideration for transfer equals or exceeds $1 million but is less than $1.25 million, to 1.25% if value or consideration for transfer equals or exceeds $1.25 million but is less than $1.75 million, to 1.5% if value or consideration for transfer equals or exceeds $1.75 million but is less than $2 million, and to 1.75% if value or consideration for transfer equals or exceeds $2 million. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 7/10/2008. 080830 [Pre-Tax Commuter Benefits for Qualifying Transit] Supervisor Mirkarimi Ordinance amending the San Francisco Environment Code by adding a new Section 421 to require San Francisco employers to offer commuter benefits to encourage employees to use public transit or van pools; to authorize the Department of the Environment to implement an Emergency Ride Home program; and making environmental findings. (Fiscal Impact.) 6/10/08, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 7/10/2008. 06/24/08 - Referred to Planning for determination of environmental impact. 06/24/08 - Referred to the Dept. of the Environment for review and coment. 07/01/08 - Response received from Planning, Categorically exempt from CEQA. 080831 [Payroll Expense Tax] Supervisor Peskin Ordinance amending the Business and Tax Regulations Code by amending Section 902.1 and adding Section 902.2 to clarify the tax liability of "pass through entities" under the Payroll Expense Tax Ordinance, including partnerships, Subchapter S corporations, limited liability companies, limited liability partnerships and other persons or entities not subject to federal income tax or which are allowed a deduction in computing such tax for distributions to the owners or beneficiaries of such persons or entities. (Economic Impact) 6/10/08, ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 7/10/2008. 6/23/08 - Referred to Small Business Commision for review and comment. 6/23/08 - Referred to Planning Department for environmental review. 06/30/08 - Response received from Planning, exempt from CEQA. 080832 [Real Property Transfer Tax] Supervisor Peskin Ordinance amending the Business and Tax Regulations Code by amending Section 1102 to increase the Real Property Transfer Tax rate from 0.75% to 1.5% if the consideration for or value of the transfer exceeds $2 million, and by amending Section 1105 to reduce the tax on transfers of residential property by up to one third (1/3) if, after January 1, 2009, the transferor has installed an active solar system or made seismic retrofitting improvements or improvements utilizing earthquake hazard mitigation technologies, and by amending Section 1115 to clarify application of tax to transfers of ownership interests in legal entities that own real estate. (Economic Impact) 6/10/08, ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 7/10/2008. 6/23/08 - Referred to Small Business Commision for review and comment. 6/23/08 - Referred to Planning Department for environmental review. 06/30/08 - Response received from Planning, exempt from CEQA. 080792 [Replacing the Emergency Response Fee, with a general tax at the same rates and with the same exemptions and modernizing the Telephone Users Tax without changing the rate or exemptions.] Mayor, Supervisors Peskin, Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Sandoval Ordinance amending the Business and Tax Regulations Code by: (1) repealing Article 10A, Sections 750-770, to eliminate the Emergency Response Fee; (2) adding Article 10B, Sections 780-786, to add an Access Line Tax; (3) amending Article 10 by adding Sections 721, 722, and 723, amending Sections 701, 703, 707.1, and 708, and repealing Sections 702 and 707.3, all to update the Telephone Users Tax without changing the tax rate or exemptions; and (4) amending Article 6, Section 6.1-1, to make conforming changes; and ratifying past collection of the Telephone Users Tax and the Emergency Response Fee. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 7/10/2008. 6/23/08 - Referred to Small Business Commision for review and comment. 6/23/08 - Referred to Planning Department for environmental review. 06/30/08 - Response received from Planning, exempt from CEQA. 080793 [Retroactively appropriating $5,698,066 of revenue and General Fund Reserve for a new voting system and election services in the Department of Elections for Fiscal Year 2007-2008] Mayor Ordinance appropriating $3,544,110 of State Proposition 41 grant revenue, $898,965 of settlement revenue, $86,446 of revenue from candidate filing fees and other general government charges, and $1,666,690 of General Fund Reserve, for a total appropriation of $6,196,211, for a new voting system and election services in the Department of Elections for Fiscal Year 2007-2008. (Fiscal Impact.) 6/10/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080794 [Appropriating $16,864,000 to support cost overruns at San Francisco General and Laguna Honda Hospitals in the Department of Public Health for Fiscal Year 2007-2008] Mayor Ordinance appropriating $16,864,000, including $15,449,000 in surplus hospital revenues and $1,415,000 from a de-appropriation of General Fund savings in Health at Home, for cost overruns at San Francisco General Hospital and Laguna Honda Hospital in the Department of Public Health for Fiscal Year 2007-2008; and de-appropriating $5,801,000 of the Healthy San Francisco revenues and expenditures due to lower program participation in the Department of Public Health for Fiscal Year 2007-2008. (Fiscal Impact.) 6/10/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolutions 080815 [Commending Dr. Marcy Adelman, Tita Aida, and David Cameron Strachan] Supervisors Sandoval, Ammiano, Dufty Resolution commending Dr. Marcy Adelman, Tita Aida, and David Cameron Strachan on their selection as "Unsung Heroes" by KQED and the LGBT community. 6/10/08, ADOPTED. 080817 [Condemnation of ICE and DIHS for its treatment of detainees and deportees] Supervisor Ammiano Resolution condemning ICE and DIHS for its systemic neglect of detainees' medical needs, and its forced injection of deportees with psychotropic drugs upon their deportation. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080824 [Resolution establishing a floodplain management programs and designation of floodplain administrator] Supervisor Elsbernd Resolution authorizing enrollment in the National Flood Insurance Program, providing assurances that the City, acting by and through the City Administrator, will implement a floodplain management program, and authorizing the City Administrator to take actions necessary to implement this resolution. 6/10/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 080825 [Apply for state grant up to $1,000,000 - Sheriff's Department project to address the needs of mentally ill offenders in the jails] Supervisor Elsbernd Resolution authorizing the Sheriff's Department to apply for a 12-month grant in an amount not to exceed $ 1,000,000 from the Corrections Standards Authority for the Mentally Ill Offenders Crime Reduction (MIOCR) Grant Program. 6/10/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 080828 [Public Education Enrichment Fund - First Five Commission] Supervisors McGoldrick, Ammiano Resolution approving the San Francisco First Five Commission expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2008-09. 6/10/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080829 [Public Education Enrichment Fund - Unified School District Fiscal Year 2008-2009] Supervisor McGoldrick Resolution approving the San Francisco Unified School District expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2007-08. 6/10/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080833 [Commending the Friends and Advocates of Crocker-Amazon and the Excelsior, the Precita Eyes Mural Center, and the Neighborhood Parks Council on the completion of the Crocker-Amazon Supervisor Sandoval Resolution commending the Friends and Advocates of Crocker-Amazon and the Excelsior, the Precita Eyes Mural Center, and the Neighborhood Parks Council on the completion of the Crocker-Amazon Playground Mosaic Tile Project. 6/10/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080834 [70 day extension for Planning Commission review - Zoning Map ZN Amendment] Supervisor Sandoval Resolution extending by 70 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would amend Zoning Map ZN of the Zoning Map of the City and County of San Francisco to change the use classification of Block 6969, Lot 11, located on the southwest corner of Mission and Seneca Streets, from RH-1 (Residential, One-Family) District to NC-3 (Moderate-Scale, Neighborhood Commercial) District; adopting findings, including environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. 6/10/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080835 [Authorizing the Department of the Environment to develop a proposal for an environmental education program based on the EcoMedia term sheet] Supervisor Mirkarimi Resolution authorizing the Department of the Environment to develop a proposal for an EcoZone environmental education program for San Francisco, based on the EcoMedia term sheet. 6/10/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080836 [Application to California State Department of Housing and Community Development for BEGIN Program funding] Supervisor Daly Resolution authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the BEGIN Program; the execution of a standard agreement if selected for such funding and any amendments thereto; the execution of a designation agreement if selected for such funding and any amendments thereto; the execution of any related documents necessary to participate in the BEGIN Program. 6/10/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080837 [Honoring Belinda Bellinger] Supervisor Daly Resolution commending Belinda Bellinger for her service to the youth of San Francisco and wishing her well until she returns to our great city. 6/10/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080838 [Urging Congress to hold hearings on House Resolution 676] Supervisor Ammiano Resolution Urging the United States House of Representatives to begin hearings on House Resolution 676 - The United States National Health Insurance Act (Expanded and Improved Medicare for All) authored by Representative John Conyers, Jr. (D - MI). 6/10/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 080839 [Requesting the City Attorney investigate the City's options to ensure skycaps and other service workers at SFO will retain their tips] Supervisor Ammiano Resolution requesting the City Attorney investigate the City's options to ensure skycaps and other service workers at the San Francisco International Airport will retain their tips and work with the Los Angeles City Attorney. 6/10/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 080816 [San Francisco Redevelopment Agency] Supervisor Daly Hearing on San Francisco Redevelopment Agency's Application for $25,021,079 in Proposition 1C Funds from the California Department of Housing and Community Development (HCD) to subsidy construction costs in the Hunters Point Shipyard Redevelopment Project Area. 6/10/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Motion 080791 [Declaration of Policy - Repealing the Emergency Response Fee and Enactment of an Access Line Tax] Mayor, Supervisors Peskin, Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Sandoval Motion submitting a policy declaration to the qualified electors of the City and County of San Francisco at the November 4, 2008 election concerning the voter's non-binding recommendation that Article 10A (the Emergency Response Fee) be repealed, that Article 10B (Access Line Tax) be added to the Business and Tax Regulations Code and that the proposed Access Line Tax revenues be expended to support public safety and health by funding San Francisco's 911 Emergency Communications Center. 6/10/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Charter Amendment 080641 [Pier 70 plan and lease approvals; General Fund financing for Pier 70 waterfront improvements; transfer of funds according to agreements between the Port Commission and other departments; Supervisors Maxwell, Alioto-Pier, Ammiano, Dufty Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by adding Sections B7.310 and B7.320, and amending Section B6.406, to: authorize the Board of Supervisors to approve a Pier 70 financial and land use plan; authorize a mechanism for the City to appropriate General Fund revenues in an amount up to 75% of the projected hotel and payroll taxes attributable to new development at Pier 70 to finance waterfront improvements; waive Board approval of leases consistent with the approved Pier 70 plan; require the City to appropriate funds for certain Board-approved agreements between City departments and the Port Commission; and, updating the priorities for use of Port revenues. 5/13/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/20/2008. 5/21/08, SUBSTITUTED. Amendment of the Whole (Second Draft), new title. 30 days begins upon receipt of Charter Amendment approved as to form and a legislative digest. 6/10/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/20/2008. 6/10/08, SUBSTITUTED. Supervisor Maxwell submitted a substitute charter amendment bearing new title. PROPOSED ORDINANCES 080796 [Amending Ordinance 202-07, authorizing award of contract for CM/GC services for the San Francisco General Hospital Rebuild Program, and making findings under CEQA] Ordinance amending Ordinance 202-07 to add Drywall Subcontractor to the list of authorized Core Subcontractors for the San Francisco General Hospital Rebuild Program and authorizing the award of a contract for Construction Manager/General Contractor services for the San Francisco General Hospital Rebuild Program. (Public Works Department) (Fiscal Impact.) 6/2/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. PROPOSED RESOLUTIONS 080673 [San Francisco Public Utilities Commission Cross Connection Controls Project] Resolution adopting Final Mitigated Negative Declaration, and adopting findings pursuant to the California Environmental Quality Act (CEQA), including the Mitigation Monitoring and Reporting Plan, related to use of appropriated funds for San Francisco Public Utilities Commission (SFPUC) Cross Connection Controls Project. (Public Utilities Commission) 5/30/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 080674 [IHSS Contract Approval - $51,433,291] Resolution to amend Resolution # 644-05 approved on August 18, 2005 approving the contract between the City and County of San Francisco and the IHSS Consortium of San Francisco for the provision of In-Home Supportive Services for the period from July 1, 2005 to June 30, 2008, in the amount of $51,433,291. (Human Services Department) (Fiscal Impact.) 6/2/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080675 [Approval of a contract amendment with InfoMc, Inc. to support and maintain the eCURA application in use by the Community Behavioral Health Services unit of the Department of Public Health] Resolution authorizing the San Francisco Department of Public Health (DPH), to enter into a contract amendment with InfoMc, Inc. for the continued maintenance of proprietary InfoMc, Inc. applications for a new term July 1, 1999 through June 30, 2011. (Public Health Department) (Fiscal Impact.) 6/2/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 080764 [Ratification of increases to prior professional service contracts for health and behavioral health services] Resolution approving amendment to Resolution No. 702-06, which ratified prior professional service contracts for the San Francisco Department of Public Health for health and behavioral health services and approved three year extensions, to increase the amounts of five of those contracts. (Public Health Department) (Fiscal Impact.) 6/2/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080797 [Authorizing award of architectural and engineering design services contract for the San Francisco General Hospital Replacement Program and adopting findings under CEQA] Resolution authorizing the award of an architectural and engineering design services contract for the San Francisco General Hospital Rebuild Program. (Public Works Department) (Fiscal Impact.) 6/2/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Requests Granted From: Supervisor Chu To: Controller Requesting/Inquiring: Requesting that the Controller quantify direct tax revenue and fees that would be associated with increase of marriages expected as a result of the State Supreme Court's ruling on same-sex marriages for both the current and next fiscal years. The report should include analysis of anticipated increase in tourism and spending in San Francisco. The report should also indicate if this revenue can be certified, and when the funds can be expended. From: Supervisor Mirkarimi To: Director, Department of Pubic Works Requesting/Inquiring: Requesting that the Department of Pubic Works report on the status of removing graffiti at the following private property locations: 516 Haight 355 Laguna 306 Laguna 571 Fell 497 Oak 420 Haight 901 Haight 1055 Haight 1301 Haight 410 Oak 702 Haight 546 Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti from utility poles at the following locations: Wood In front of 432 Oak 406 Buchanan Trash Cans Northeast corner of Octavia and Fell Fire Hydrant Northeast corner of Haight and Divisadero Mailbox Octavia and Oak From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti from the following locations: Phone Switch Boxes: Southeast corner of Eddy and Webster Southeast corner of Golden Gate and Scott Southwest corner of McAllister and Fillmore East side, mid-block of Buchanan and Linden City Trash Cans Southwest corner of Buchanan and Hayes 546 Haight Street Southeast corner of Scott and Eddy Mailboxes Southwest corner of In Memoriams Joan Keane Crotty - Supervisor Elsbernd Bariton La Royce Coleman - Supervisors Maxwell and Ammiano Sumner Robertson Winship - Supervisor Dufty Janet Marie Kerpan - Supervisor Dufty ADJOURNMENT There being no further business the Board adjourned at the hour of 6:43 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 July 22, 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