# Board of Supervisors Minutes: September 9, 2008 - Meeting date: 2008-09-09 - Document type: minutes - Source format: HTML - Extracted pages: 1 - [Canonical HTML transcript](https://sfbos.info/documents/1859/2008-09-09-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/index.aspx-page=2990.html) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 080656: Public Employment and Accept-Expend Federal Grant - Amendment to the Annual Salary Ordinance, FY 2008-2009. Mayor's Summer Food Service Program and After School Snack Program - 2008 - Supervisor Maxwell Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance 2008-2009) to reflect the addition of one position (0.40 FTE) 9774 Sr. Community Development Specialist, one position (0.40 FTE) 1840 Jr. Management Assistant, and thirteen positions (1.04 FTE) 9910 Public Service Trainee in the Department of Children, Youth and Families (CHF), and authorizing the department to accept and expend a grant in the amount of $950,710, currently and retroactively, if necessary, from the United States Department of Agriculture to sponsor the 2008 Mayor's Summer Food Program and the After School Snack Program. Enacted Number: 208-08 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 080856 [Mission Bay South-Acceptance of Land and Improvements on Third Street for Blocks 17, 20 and 23 - Pages: 1 - Sponsors: Maxwell ### File 080857: Mission Bay South-Acceptance of Land and Improvements for the 7th and 16th Street Intersection - Pages: 1 ### File 080886: Changing the name of the Department of Telecommunications and Information Services to the Department of Technology - Pages: 1 ### File 080019: Implementing the Controller's Whistleblower Program - Pages: 1 - Sponsors: Mirkarimi, Dufty - Vote 1: final-passage, likely final - Action: 080019 [Implementing the Controller's Whistleblower Program] Supervisors Mirkarimi, Dufty Ordinance amending the Campaign and Governmental Conduct Code by amending Sections 4.100 and 4.115 and adding Sections 4.107 and 4.123 to implement the provisions of Charter Appendix F1.107 for the operation of the Controller's Whistleblower Program, to protect the confidentiality of whistleblowers and the investigation of complaints, and to provide protection from retaliation, and repealing Section 4.125 and adding a new Section 4.125 to prohibit the furnishing of false information in, and require cooperation with, whistleblower investigations conducted by the Controller or any other officer or department. (Controller) Enacted Number: 205-08 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 080564: Establishing a Reentry Council - Pages: 1 - Sponsors: Mirkarimi - Vote 1: amendment - Action: 080564 [Establishing a Reentry Council] Supervisor Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Sections 5.1-1 through 5.1-6 to: establish a Reentry Council; set forth the Council's purpose, powers and duties; and establish membership criteria. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 2: other - Action: Action text unavailable. - Noes: Daly - Vote 3: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081146: Findings - Disapproval of the Tentative Map for 1345 Fillmore Street - Pages: 1 - Vote 1: approval, likely final - Action: 081146 [Findings - Disapproval of the Tentative Map for 1345 Fillmore Street] Motion adopting findings concerning the disapproval of a Tentative Map for a 330-unit condominium subdivision located at 1345 Fillmore Street, Assessor's Block 0731, Lots 018 and 20 through 67. Enacted Number: M08-142 APPROVED by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081147: Findings - Disapproval of the Tentative Map for 1420 Turk Street and 1535 Eddy Street - Pages: 1 - Vote 1: approval, likely final - Action: 081147 [Findings - Disapproval of the Tentative Map for 1420 Turk Street and 1535 Eddy Street] Motion adopting findings concerning the disapproval of a Tentative Map for a 325-unit condominium subdivision located at 1420 Turk Street and 1535 Eddy Street, Assessor's Block 0750, Lot 019. Enacted Number: M08-141 APPROVED by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081148: Findings - Approval of the Tentative Parcel Map for 628-632 Steiner Street - Pages: 1 - Vote 1: approval, likely final - Action: 081148 [Findings - Approval of the Tentative Parcel Map for 628-632 Steiner Street] Motion adopting findings concerning the approval with conditions of a Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 628-632 Steiner Street, Assessor's Block 0822, Lot 024. Enacted Number: M08-140 APPROVED by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 080686: Landmark tree designation of Monterey Cypress at 2626 Vallejo Street - Pages: 1 - Sponsors: Alioto-Pier - Vote 1: first-reading - Action: 080686 [Landmark tree designation of Monterey Cypress at 2626 Vallejo Street] Supervisor Alioto-Pier Ordinance designating the Monterey Cypress at 2626 Vallejo Street (Assessor's Block 0953, Lot 006) 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. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 080687: Landmark designation of Manzanita at 115 Parker Avenue - Pages: 1 - Sponsors: Alioto-Pier - Vote 1: first-reading - Action: 080687 [Landmark designation of Manzanita at 115 Parker Avenue] Supervisor Alioto-Pier Ordinance designating the Manzanita at 115 Parker Avenue (Assessor's Block 1064, Lot 002) as a landmark notwithstanding the provisions contained in the Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark designation. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 080935: Urging SFUSD to reconsider current school assignment system - Pages: 1 - Sponsors: Chu, Alioto-Pier - Vote 1: referral - Action: 080935 [Urging SFUSD to reconsider current school assignment system] Supervisors Chu, Alioto-Pier Resolution urging the San Francisco Unified School District (SFUSD) to reconsider the current school assignment system for K-12 admissions and place greater emphasis on geographic considerations for school assignments. (Supervisor McGoldrick dissenting in Committee.) Supervisor Alioto-Pier requested to be added as a co-sponsor. Supervisor McGoldrick, seconded by Supervisor Mirkarimi, moved that this Resolution be REFERRED to the City and School District Select Committee. The motion carried by the following vote: - Ayes: Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin - Vote 2: other - Action: Action text unavailable. - Noes: Alioto-Pier, Chu, Elsbernd, Sandoval ### File 080233: Urban Forestry Council - Membership - Pages: 1 - Sponsors: McGoldrick - Vote 1: first-reading - Action: 080233 [Urban Forestry Council - Membership] Supervisor McGoldrick Ordinance amending the San Francisco Environment Code by amending Section 1202 to reconstitute the membership of the Urban Forestry Council to eleven members. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081014: In-Home Supportive Services - Public Authority - Pages: 1 - Sponsors: Peskin - Vote 1: amendment - Action: 081014 [In-Home Supportive Services - Public Authority] Supervisor Peskin Ordinance amending Administrative Code Chapter 70, regarding the In-Home Supportive Services Public Authority, to eliminate obsolete terms and amending Section 70.2 to provide compensation for members of the governing body for attending meetings. Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 3: other - Action: Supervisor Alioto-Pier Was Excused from Voting Supervisor Dufty, seconded by Supervisor Chu, moved to excuse Supervisor Alioto-Pier, at her request, because of a possible conflict of interest, from voting. The motion carried by the following vote: - Ayes: Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 4: other - Action: Action text unavailable. - Excused: Alioto-Pier ### File 081056: Issuance and Sale of Revenue Bonds - Schools of the Sacred Heart - Not to exceed $35,000,000 - Pages: 1 - Sponsors: Dufty - Vote 1: adoption, likely final - Action: 081056 [Issuance and Sale of Revenue Bonds - Schools of the Sacred Heart - Not to exceed $35,000,000] Supervisor Dufty Resolution approving in accordance with Section 147(f) of the Internal Revenue Code and requirements of Section 91530(f) of the Government Code the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $35,000,000 to finance educational projects owned and operated by the Schools of Sacred Heart - San Francisco. Enacted Number: 386-08 ADOPTED by the following vote: - Ayes: Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 2: other - Action: Action text unavailable. - Excused: Alioto-Pier - Vote 3: other - Action: Recommendations of the Land Use and Economic Development Committee Supervisors Daly and Dufty Were Excused From Voting Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved to excuse Supervisors Daly and Dufty, at their request, because of a possible conflict of interest, from voting. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 4: other - Action: Action text unavailable. - Excused: Daly, Dufty ### File 080235: First Source Hiring Ordinance - expanding scope of covered permits in Market and Octavia Plan - Pages: 1 - Sponsors: Mirkarimi - Vote 1: first-reading - Action: 080235 [First Source Hiring Ordinance - expanding scope of covered permits in Market and Octavia Plan] Supervisor Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Sections 83.2, 83.4, and 83.6 to: (1) expand the scope of permits that the ordinance applies to in the Market and Octavia Area Plan; (2) place new reporting requirements on the First Source Hiring Administration that include reporting first source statistics on permittees, as defined under the ordinance, and (3) require contractors and permittees to cooperate with reasonable requests for information from the First Source Hiring Administration. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 2: other - Action: Action text unavailable. - Excused: Daly, Dufty ### File 080521: Citywide Affordable Housing Preference for Certificate of Preference Holders - Pages: 1 - Sponsors: Mirkarimi, Dufty, Maxwell - Vote 1: continuance - Action: se programs to Certificate of Preference Holders under the San Francisco Redevelopment Agency's Property Owner and Occupant Preference Program by adding Administrative Code Section 24.8 to provide that all City affordable housing programs administered by the Mayor's Office of Housing or other City Department give preference in those programs to Certificate of Preference holders; and amending Administrative Code Sections 43.3.4 to provide for preference in the affordable housing and home ownership bond program; Section 10.100-110 to provide for preference in the expenditure of funds from the Mayor's Housing Affordability Fund; 10-100-370 to provide for preference in the use of HOPE SF funds; and amending Planning Code Sections 313.12, 315.4, 315.5, and 315.6 to provide for preference in the Citywide Affordable Housing funds generated by the Jobs-Housing Linkage Program and the Residential Inclusionary Affordable Housing program and in the allocation of all on- and off-site inclusionary housing units in those programs. Continued to September 23, 2008 Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved that this Ordinance be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 080818: Recreation and Park - San Francisco Zoo Policies and Oversight - Pages: 1 - Sponsors: Daly - Vote 1: continuance - Action: 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; is committed to education and conservation, and makes animal welfare a priority; 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. (Supervisor Dufty dissented in committee.) Continued to September 16, 2008 Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 080438: Prohibiting smoking in enclosed areas, certain unenclosed areas, and sports stadiums - Pages: 1 - Sponsors: Daly - Vote 1: amendment - Action: iness establishments and bars regardless of whether owner-operated, 2) common areas of multi-unit housing complexes, 3) tourist lodging facilities, 4) tobacco shops, 5) charity bingo games, 6) taxicabs and other motor vehicles for hire, 7) unenclosed dining areas of restaurants, 8) service waiting areas, 9) areas within twenty feet of entrances to private, nonresidential buildings, 10) farmers markets, and 11) vehicles owned by the City and County of San Francisco; establishing obligations for property owners and managers to prevent smoking in prohibited areas, defining secondhand smoke from a business establishment located in a mixed-use residential and commercial building as a nuisance; adding administrative procedures and penalties; deleting criminal penalties; adding provisions for cost recovery and liens; adding provisions for private enforcement of the ordinance, and making conforming changes in the Police Code by repealing Sections 53, 53.1, and 1098, and in the Health Code by repealing Section 1009.24. Supervisor Daly, seconded by Supervisor Ammiano, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 2: continuance - Action: Supervisor McGoldrick, seconded by Supervisor Daly, moved to continue this matter to September 16, 2008. Motion to continue this matter to September 16, 2008 failed by the following vote: - Ayes: Ammiano, Daly, McGoldrick, Mirkarimi, Peskin - Vote 3: other - Action: Action text unavailable. - Noes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, Sandoval - Vote 4: referral - Action: Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Ordinance be RE-REFERRED to the Rules Committee. The motion carried by the following vote: - Ayes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, Sandoval - Vote 5: other - Action: Action text unavailable. - Noes: Ammiano, Daly, McGoldrick, Mirkarimi, Peskin ### File 081133: Public Hearing - Appeal of Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans Project - Pages: 1 - Vote 1: continuance - Action: of Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans Project] Hearing of persons interested in or objecting to the Planning Commission's August 7, 2008, certification of a Final Environmental Impact Report identified as Planning No. 2004.0160E, through its Motion No. 17659, for a proposed Eastern Neighborhoods Rezoning and Area Plans project, amendments to the San Francisco Planning Code and Zoning Maps, amendments to the San Francisco General Plan, and adoption of interim historic preservation procedures. The Plan Area generally includes the eastern portion of the South of Market Area ("East SOMA"), The Mission, Showplace Square/Potrero Hill, and the Central Waterfront Neighborhoods of San Francisco and making other related findings. (Appellants: Chris Durazo, Filed 8/8/08; and Gary Noguera, Filed 8/27/08) (Filed 8/8/08 and 8/27/08; companion measure to Files 081134, 081135, 081136.) The President inquired as to whether any member of the public wished to address the Board members. Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Hearing be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081134: Affirming certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR - Pages: 1 - Vote 1: continuance - Action: 081134 [Affirming certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans Project. (Clerk of the Board) Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Motion be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081135: Disapproving certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR - Pages: 1 - Vote 1: continuance - Action: 081135 [Disapproving certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR] Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans Project. (Clerk of the Board) Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Motion be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081136: Preparation of findings to disapprove certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR - Pages: 1 - Vote 1: continuance - Action: 081136 [Preparation of findings to disapprove certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR] Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans FEIR. (Clerk of the Board) Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Motion be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081129: 90 day extension for Planning Commission review - Mission/Bernal Formula Retail Restricted Use Subdistrict - Pages: 1 - Sponsors: Ammiano ### File 081130: Accept-Expend Federal/State Pass Through Grant - $11,828 - Pages: 1 - Sponsors: Chu, Dufty ### File 081131: Commending Breakthrough Collaborative - Pages: 1 - Sponsors: Daly ### File 081132: Accept-Expend State grants for food and agricultural projects - $6,808.90 - Pages: 1 - Sponsors: Alioto-Pier ### File 081126: Final Map - 146-148 South Van Ness Avenue - Pages: 1 - Vote 1: approval, likely final - Action: 081126 [Final Map - 146-148 South Van Ness Avenue] Motion approving Final Map 2781, a 2 Lot Airspace Project, located at 146 - 148 South Van Ness Avenue being a subdivision of Lot 046 in Assessors Block No. 3514 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 177,718; District 6.) Enacted Number: M08-139 APPROVED by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - Vote 2: other - Action: The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 081178: Declaring September 2008 as Reentry Month - Pages: 1 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 081178 [Declaring September 2008 as Reentry Month] Supervisor Mirkarimi Resolution Declaring the Month of September 2008 as Reentry Month in the City and County of San Francisco. Enacted Number: 385-08 ADOPTED by the following vote: - Ayes: Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ### File 071649: Zoning - Entertainment Uses - Pages: 1 - Sponsors: Peskin ### File 081190: Elections for the Retiree Health Trust Fund Board, San Francisco Employee Retirement System Board and Health Service System Board - Pages: 1 - Sponsors: Elsbernd ### File 081193: Prohibiting sale of tobacco products on property owned by or under the control of the City and County of San Francisco - Pages: 1 - Sponsors: McGoldrick ### File 081196: Appropriating $40,520,000 of 2008 Clean and Safe Park Bond proceeds for capital improvements for the Recreation and Park Department and Port Commission in Fiscal Year 2008-2009 - Pages: 1 - Sponsors: Peskin, Elsbernd, Chu ### File 081197: Transfer of Real Property - 575 Polk Street - Pages: 1 ### File 081198: Transfer of Real Property - 400 McAllister Street - Pages: 1 ### File 081199: Medical Cannabis Act Revisions - Pages: 1 ### File 081200: Appropriating $51,336,923 of revenue for the Laguna Honda Hospital Replacement Project in the Department of Public Works for Fiscal Year 2008-09 - Pages: 1 ### File 081203: Appropriating $13,022,292 of State Proposition 42 and Proposition 1B revenue for road maintenance projects in the Department of Public Works for Fiscal Year 2008-2009 - Pages: 1 - Sponsors: Elsbernd, Chu ### File 081178: Declaring September 2008 as Reentry Month - Pages: 1 - Sponsors: Mirkarimi ### File 081184: Urging the State of California to amend the Vehicle Code regarding disabled parking placards - Pages: 1 - Sponsors: Alioto-Pier ### File 081185: Renewing commitment against litter in San Francisco - Pages: 1 - Sponsors: Alioto-Pier ### File 081186: Accept-Expend Regional Grant, Airport Commission - $1,399,709.57 - Pages: 1 - Sponsors: Alioto-Pier ### File 081187: Accept-Expend Federal grant for emergency planning - $175,783 - Pages: 1 - Sponsors: Alioto-Pier ### File 081188: Approval of Port Lease for Portco, Inc. at 360 Jefferson Street, Fisherman's Wharf - Pages: 1 ### File 081189: Accept and Expend grant - to support the STD Surveillance Network - $225,000 - Pages: 1 - Sponsors: Dufty ### File 081191: Opposing renewal of wastewater discharge permit for Potrero Power Plant Unit 3 - Pages: 1 - Sponsors: Maxwell, Dufty, Peskin, Daly ### File 081192: Accept-Expend Federal Grant - $2,280,000 - Pages: 1 - Sponsors: Maxwell ### File 081194: Supporting Goals for Federal Funding-Community Development Block Grant - Pages: 1 - Sponsors: McGoldrick ### File 081201: Contract between the Department of Public Health and SF Community Health Authority to provide universal health insurance services for SF children and young adults - $19,486,273 - Pages: 1 ### File 081202: Interim Zoning Requiring Conditional Use Authorization for Change in Use or Reduction of 15,000 square feet or more of Recreational Space - Pages: 1 - Sponsors: Daly ### File 081206: 90 day extension for Planning Commission review - The Metro Theatre - Pages: 1 - Sponsors: Alioto-Pier ### File 081207: Accept and Expend State Grant - Funding two Environmental Health programs - $8,250 - Pages: 1 - Sponsors: Alioto-Pier ### File 081208: Sea Otter Awareness Week - September 21-27, 2008 - Pages: 1 - Sponsors: Peskin ### File 081209: Accept and Expend State Grant - To support pest exclusion activities - $47,731.06 - Pages: 1 - Sponsors: Dufty ### File 081210: Grant to fund a study through the HIV Prevention Section, Department of Public Health - $13,242 - Pages: 1 - Sponsors: Dufty ### File 081211: Grant funds to support worker health and safety - $7,580 - Pages: 1 - Sponsors: Chu ### File 081212: Extended Producer Responsibility Framework - Pages: 1 - Sponsors: McGoldrick ### File 081213: Celebrating the success of the Outside Lands Music and Arts Festival - Pages: 1 - Sponsors: Mirkarimi ### File 081214: Health plans that provide health insurance coverage to San Francisco employees to provide comprehensive smoking cessation benefits - Pages: 1 - Sponsors: Daly ### File 081004: Interim Controls On Major Rights of Way Along and Near the Southern 19th Avenue Corridor - Pages: 1 - Sponsors: Elsbernd ### File 081005: 19th Avenue Cumulative Impact Study - Pages: 1 - Sponsors: Elsbernd, Chu ### File 081179: Report of the Blue Ribbon Panel on the Future of St. Luke's Hospital - Pages: 1 - Sponsors: Alioto-Pier, Ammiano ### File 081180: Violence in the Mission - Pages: 1 - Sponsors: Ammiano ### File 081182: Procedure in place to track leases and/or permits between the City and County of San Francisco and third parties for use of city property - Pages: 1 - Sponsors: McGoldrick ### File 081183: Long-term care in the City and County of San Francisco - Pages: 1 - Sponsors: Peskin ### File 081195: Directing the Budget Analyst to evaluate capital projects - Pages: 1 - Sponsors: McGoldrick ### File 081152: Approving General Plan Amendments Related to the Eastern Neighborhoods Area Plans - the Mission, East SoMa, Showplace Square/Potrero Hill and Central Waterfront Area Plans - Pages: 1 ### File 081153: Planning Code amendments for the Eastern Neighborhoods Area Plans - Pages: 1 ### File 081154: Zoning Map Amendments in connection with the Eastern Neighborhoods Area Plans - Pages: 1 ### File 081155: Eastern Neighborhoods Area Plans - monitoring program - Pages: 1 ### File 081160: Appropriating $86,367,000 of Bond revenue and adopting environmental findings for Crystal Springs Bypass Tunnel at the Public Utilities Commission for Fiscal Year 2008-2009 - Pages: 1 ### File 081161: Mission Bay North-Acceptance of Land and Improvements for Block N2 - Pages: 1 ### File 081109: Emergency contract to design, furnish, and install microwave system communication equipment along Hetch Hetchy - Pages: 1 ### File 081110: Authorizing the Sheriff's Department to amend its contract with ARAMARK Correctional Services, LLC, for Jail Food Services - Pages: 1 ### File 081111: Approval of the Ryan White HIV/AIDS Treatment Modernization Act grant application - $36,118,233 - Pages: 1 - Sponsors: Dufty ### File 081141: Contract between the Department of Public Health and Accordis, Inc. to provide retroactive claiming of aged accounts services - Pages: 1 ### File 081142: Contract between the Department of Public Health and Triage Consulting Group to provide retroactive claiming of aged accounts services - Pages: 1 ### File 081151: Easement Deed and findings related to the SFPUC's New Crystal Springs Bypass Tunnel water infrastructure project - Pages: 1 ## Extracted text ### [Page 1](https://sfbos.info/documents/1859/2008-09-09-minutes#page-1) City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, September 9, 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 2:06 p.m. On the call of the roll Supervisors Alioto-Pier and McGoldrick were noted absent. There was a quorum present. Supervisors Alioto-Pier and McGoldrick were noted present at 2:07 p.m. APPROVAL OF MEETING MINUTES Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to approve the Board Meeting Minutes of July 29, 2008 and August 5, 2008. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval COMMUNICATIONS CONSENT AGENDA Recommendation of the Budget and Finance Committee 080656 [Public Employment and Accept-Expend Federal Grant - Amendment to the Annual Salary Ordinance, FY 2008-2009. Mayor's Summer Food Service Program and After School Snack Program - 2008 - Supervisor Maxwell Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance 2008-2009) to reflect the addition of one position (0.40 FTE) 9774 Sr. Community Development Specialist, one position (0.40 FTE) 1840 Jr. Management Assistant, and thirteen positions (1.04 FTE) 9910 Public Service Trainee in the Department of Children, Youth and Families (CHF), and authorizing the department to accept and expend a grant in the amount of $950,710, currently and retroactively, if necessary, from the United States Department of Agriculture to sponsor the 2008 Mayor's Summer Food Program and the After School Snack Program. Enacted Number: 208-08 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 080856 [Mission Bay South-Acceptance of Land and Improvements on Third Street for Blocks 17, 20 and 23] Ordinance accepting the Mission Bay Blocks 17, 20, 23 Public Improvements-Phase 1; approving the dedication of the strip of land 5.00 feet in width, along the west side of Third Street for right-of-way purposes; designating street grades and sidewalk widths; accepting the irrevocable offer for the acquisition facilities for public use and maintenance purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 177,603; and authorizing official acts in connection with this ordinance. (Public Works Department) Enacted Number: 207-08 FINALLY PASSED 080857 [Mission Bay South-Acceptance of Land and Improvements for the 7th and 16th Street Intersection] Ordinance accepting the dedication for public street and roadway purposes of the two (2) portions of properties adjacent to 16th Street and accepting the irrevocable offer for the 7th and 16th Street Intersection Infrastructure Improvements; designating street grades and accepting the irrevocable offer for the acquisition facilities for public use and maintenance purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 177,604; and authorizing official acts in connection with this ordinance. (Public Works Department) Enacted Number: 206-08 FINALLY PASSED Recommendations of the Rules Committee 080886 [Changing the name of the Department of Telecommunications and Information Services to the Department of Technology] Mayor Ordinance changing the name of the Department of Telecommunications and Information Services to the Department of Technology, and amending San Francisco Administrative Code Sections 11.84, 11.85, 11.86, and 11.88, to implement the name change. Enacted Number: 209-08 FINALLY PASSED 080019 [Implementing the Controller's Whistleblower Program] Supervisors Mirkarimi, Dufty Ordinance amending the Campaign and Governmental Conduct Code by amending Sections 4.100 and 4.115 and adding Sections 4.107 and 4.123 to implement the provisions of Charter Appendix F1.107 for the operation of the Controller's Whistleblower Program, to protect the confidentiality of whistleblowers and the investigation of complaints, and to provide protection from retaliation, and repealing Section 4.125 and adding a new Section 4.125 to prohibit the furnishing of false information in, and require cooperation with, whistleblower investigations conducted by the Controller or any other officer or department. (Controller) Enacted Number: 205-08 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 Severed from the Consent Agenda Supervisor Mirkarimi requested that this matter be severed so that it might be considered separately. 080564 [Establishing a Reentry Council] Supervisor Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Sections 5.1-1 through 5.1-6 to: establish a Reentry Council; set forth the Council's purpose, powers and duties; and establish membership criteria. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Daly PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 081146 [Findings - Disapproval of the Tentative Map for 1345 Fillmore Street] Motion adopting findings concerning the disapproval of a Tentative Map for a 330-unit condominium subdivision located at 1345 Fillmore Street, Assessor's Block 0731, Lots 018 and 20 through 67. Enacted Number: M08-142 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081147 [Findings - Disapproval of the Tentative Map for 1420 Turk Street and 1535 Eddy Street] Motion adopting findings concerning the disapproval of a Tentative Map for a 325-unit condominium subdivision located at 1420 Turk Street and 1535 Eddy Street, Assessor's Block 0750, Lot 019. Enacted Number: M08-141 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081148 [Findings - Approval of the Tentative Parcel Map for 628-632 Steiner Street] Motion adopting findings concerning the approval with conditions of a Tentative Parcel Map for a 3-unit condominium conversion subdivision located at 628-632 Steiner Street, Assessor's Block 0822, Lot 024. Enacted Number: M08-140 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NEW BUSINESS Recommendations of the City Operations and Neighborhood Services Committee 080686 [Landmark tree designation of Monterey Cypress at 2626 Vallejo Street] Supervisor Alioto-Pier Ordinance designating the Monterey Cypress at 2626 Vallejo Street (Assessor's Block 0953, Lot 006) 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. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080687 [Landmark designation of Manzanita at 115 Parker Avenue] Supervisor Alioto-Pier Ordinance designating the Manzanita at 115 Parker Avenue (Assessor's Block 1064, Lot 002) as a landmark notwithstanding the provisions contained in the Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark designation. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080935 [Urging SFUSD to reconsider current school assignment system] Supervisors Chu, Alioto-Pier Resolution urging the San Francisco Unified School District (SFUSD) to reconsider the current school assignment system for K-12 admissions and place greater emphasis on geographic considerations for school assignments. (Supervisor McGoldrick dissenting in Committee.) Supervisor Alioto-Pier requested to be added as a co-sponsor. Supervisor McGoldrick, seconded by Supervisor Mirkarimi, moved that this Resolution be REFERRED to the City and School District Select Committee. The motion carried by the following vote: Ayes: 7 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 4 - Alioto-Pier, Chu, Elsbernd, Sandoval Recommendations of the Government Audit and Oversight Committee 080233 [Urban Forestry Council - Membership] Supervisor McGoldrick Ordinance amending the San Francisco Environment Code by amending Section 1202 to reconstitute the membership of the Urban Forestry Council to eleven members. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081014 [In-Home Supportive Services - Public Authority] Supervisor Peskin Ordinance amending Administrative Code Chapter 70, regarding the In-Home Supportive Services Public Authority, to eliminate obsolete terms and amending Section 70.2 to provide compensation for members of the governing body for attending meetings. Supervisor Mirkarimi, seconded by Supervisor Elsbernd, 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: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Alioto-Pier Was Excused from Voting Supervisor Dufty, seconded by Supervisor Chu, moved to excuse Supervisor Alioto-Pier, at her request, because of a possible conflict of interest, from voting. The motion carried by the following vote: Ayes: 10 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Alioto-Pier 081056 [Issuance and Sale of Revenue Bonds - Schools of the Sacred Heart - Not to exceed $35,000,000] Supervisor Dufty Resolution approving in accordance with Section 147(f) of the Internal Revenue Code and requirements of Section 91530(f) of the Government Code the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $35,000,000 to finance educational projects owned and operated by the Schools of Sacred Heart - San Francisco. Enacted Number: 386-08 ADOPTED by the following vote: Ayes: 10 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Alioto-Pier Recommendations of the Land Use and Economic Development Committee Supervisors Daly and Dufty Were Excused From Voting Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved to excuse Supervisors Daly and Dufty, at their request, because of a possible conflict of interest, from voting. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 2 - Daly, Dufty 080235 [First Source Hiring Ordinance - expanding scope of covered permits in Market and Octavia Plan] Supervisor Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Sections 83.2, 83.4, and 83.6 to: (1) expand the scope of permits that the ordinance applies to in the Market and Octavia Area Plan; (2) place new reporting requirements on the First Source Hiring Administration that include reporting first source statistics on permittees, as defined under the ordinance, and (3) require contractors and permittees to cooperate with reasonable requests for information from the First Source Hiring Administration. PASSED ON FIRST READING by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 2 - Daly, Dufty 080521 [Citywide Affordable Housing Preference for Certificate of Preference Holders] Supervisors Mirkarimi, Dufty, Maxwell Ordinance providing that all City affordable housing programs give preference in those programs to Certificate of Preference Holders under the San Francisco Redevelopment Agency's Property Owner and Occupant Preference Program by adding Administrative Code Section 24.8 to provide that all City affordable housing programs administered by the Mayor's Office of Housing or other City Department give preference in those programs to Certificate of Preference holders; and amending Administrative Code Sections 43.3.4 to provide for preference in the affordable housing and home ownership bond program; Section 10.100-110 to provide for preference in the expenditure of funds from the Mayor's Housing Affordability Fund; 10-100-370 to provide for preference in the use of HOPE SF funds; and amending Planning Code Sections 313.12, 315.4, 315.5, and 315.6 to provide for preference in the Citywide Affordable Housing funds generated by the Jobs-Housing Linkage Program and the Residential Inclusionary Affordable Housing program and in the allocation of all on- and off-site inclusionary housing units in those programs. Continued to September 23, 2008 Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved that this Ordinance be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Rules Committee Without Recommendation 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; is committed to education and conservation, and makes animal welfare a priority; 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. (Supervisor Dufty dissented in committee.) Continued to September 16, 2008 Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Called from the City Operations and Neighborhood Services Committee 080438 [Prohibiting smoking in enclosed areas, certain unenclosed areas, and sports stadiums] Supervisor Daly Ordinance updating findings based on recent studies; amending San Francisco Health Code Sections 1009.20, 1009.21, 1009.22, 1009.23, 1009.25, and 1009.81, and adding Sections 1009.26, 1009.27, 1009.28, and 1009.29, to prohibit smoking in 1) business establishments and bars regardless of whether owner-operated, 2) common areas of multi-unit housing complexes, 3) tourist lodging facilities, 4) tobacco shops, 5) charity bingo games, 6) taxicabs and other motor vehicles for hire, 7) unenclosed dining areas of restaurants, 8) service waiting areas, 9) areas within twenty feet of entrances to private, nonresidential buildings, 10) farmers markets, and 11) vehicles owned by the City and County of San Francisco; establishing obligations for property owners and managers to prevent smoking in prohibited areas, defining secondhand smoke from a business establishment located in a mixed-use residential and commercial building as a nuisance; adding administrative procedures and penalties; deleting criminal penalties; adding provisions for cost recovery and liens; adding provisions for private enforcement of the ordinance, and making conforming changes in the Police Code by repealing Sections 53, 53.1, and 1098, and in the Health Code by repealing Section 1009.24. Supervisor Daly, seconded by Supervisor Ammiano, 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 Supervisor McGoldrick, seconded by Supervisor Daly, moved to continue this matter to September 16, 2008. Motion to continue this matter to September 16, 2008 failed by the following vote: Ayes: 5 - Ammiano, Daly, McGoldrick, Mirkarimi, Peskin Noes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, Sandoval Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Ordinance be RE-REFERRED to the Rules Committee. The motion carried by the following vote: Ayes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, Sandoval Noes: 5 - Ammiano, Daly, McGoldrick, Mirkarimi, Peskin SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Alioto-Pier welcomed, introduced and presented Certificates of Honor to Sergeant Dan Linehan and Officer Ricky Terrell, from Northern Station, in recognition of their retirement from the San Francisco Police Department. SPECIAL ORDER 4:00 P.M. 081133 [Public Hearing - Appeal of Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans Project] Hearing of persons interested in or objecting to the Planning Commission's August 7, 2008, certification of a Final Environmental Impact Report identified as Planning No. 2004.0160E, through its Motion No. 17659, for a proposed Eastern Neighborhoods Rezoning and Area Plans project, amendments to the San Francisco Planning Code and Zoning Maps, amendments to the San Francisco General Plan, and adoption of interim historic preservation procedures. The Plan Area generally includes the eastern portion of the South of Market Area ("East SOMA"), The Mission, Showplace Square/Potrero Hill, and the Central Waterfront Neighborhoods of San Francisco and making other related findings. (Appellants: Chris Durazo, Filed 8/8/08; and Gary Noguera, Filed 8/27/08) (Filed 8/8/08 and 8/27/08; companion measure to Files 081134, 081135, 081136.) The President inquired as to whether any member of the public wished to address the Board members. Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Environmental Impact Report 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.) 081134 [Affirming certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans Project. (Clerk of the Board) Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081135 [Disapproving certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR] Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans Project. (Clerk of the Board) Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081136 [Preparation of findings to disapprove certification of the Eastern Neighborhoods Rezoning and Area Plans FEIR] Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the Eastern Neighborhoods Rezoning and Area Plans FEIR. (Clerk of the Board) Continued to September 23, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. James Chaffee; expressed concern with issues relating to the SF Public Library Walter; shared with the Board certain SF memorabilia Richard McRee; expressed concern with issues relating to his patent for the design of Sigmund Stern Grove Female speaker; expressed concern with issues relating to the Housing Authority Pebbles Stoned; expressed concern with issues relating to medical marijuana Commander of the Highway Patrol; shared with the Board the duties of the California Highway Patrol Male speaker; expressed concern with issues relating to violence in SF Ace Washington; expressed concern with issues relating to Channel 29 Male speaker; expressed concern with issues relating to violence 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. 081129 [90 day extension for Planning Commission review - Mission/Bernal Formula Retail Restricted Use Subdistrict] Supervisor Ammiano Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict and to amend Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Sectional Maps SU 07 and SU 11 of the Zoning Map of the City and County of San Francisco to establish the boundaries of the Mission/Bernal Formula Retail Restricted Use Subdistrict; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Enacted Number: 384-08 ADOPTED 081130 [Accept-Expend Federal/State Pass Through Grant - $11,828] Supervisors Chu, Dufty Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $11,828 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. Enacted Number: 383-08 ADOPTED 081131 [Commending Breakthrough Collaborative] Supervisor Daly Resolution commending Breakthrough Collaborative for their work to increase educational opportunities for high-potential, disadvantaged middle school students and inspired gifted college and high school students to pursue careers in education. Enacted Number: 382-08 ADOPTED 081132 [Accept-Expend State grants for food and agricultural projects - $6,808.90] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend three grants totaling $6,808.90, two from the California Department of Food and Agriculture (CDFA) and one from the California Department of Pesticide Regulation (CDPR); for the period of July 1, 2008 through June 30, 2009. Enacted Number: 381-08 ADOPTED 081126 [Final Map - 146-148 South Van Ness Avenue] Motion approving Final Map 2781, a 2 Lot Airspace Project, located at 146 - 148 South Van Ness Avenue being a subdivision of Lot 046 in Assessors Block No. 3514 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 177,718; District 6.) Enacted Number: M08-139 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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 Mirkarimi, seconded by Supervisor Dufty, moved ADOPTION of the purely Commendatory finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval [Brown Act Finding] Motion that the Board find by roll call vote that for the resolution(s) being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Mirkarimi, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act Finding finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081178 [Declaring September 2008 as Reentry Month] Supervisor Mirkarimi Resolution Declaring the Month of September 2008 as Reentry Month in the City and County of San Francisco. Enacted Number: 385-08 ADOPTED 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 071649 [Zoning - Entertainment Uses] Supervisor Peskin Ordinance amending Sections Tables 810, 811 and 812 102.17, 790.38, and Section 890.37 of the San Francisco Planning Code to define three types of entertainment use based upon size and other factors; amending Sections 1060, 1060.1, 1060.3, 1070, 1070.1 and 1070.3 of the San Francisco Police Code to define the three types of entertainment use authorized by the Planning Code and to require an application and the permit for a place of entertainment or extended-hours activity to specify one of the three types of entertainment use; adopting findings, including environmental findings and findings required by Section 302 of the Planning Code. 12/4/07, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 1/4/2008. 12/12/07, REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comments. 3/11/08, Board adopted 30-day extension for Planning Commission review; see File 080330. 12/14/07, REFERRED TO DEPARTMENT. Referred to Small Business Commission and Entertainment Commission. 1/11/08, RESPONSE RECEIVED. Planning Department non-physical exemption. 4/28/08, RESPONSE RECEIVED. Planning Commission Resolution No. 17580 with recommendation to adopt with modifications. 9/9/08, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title. 9/9/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/9/2008. 081190 [Elections for the Retiree Health Trust Fund Board, San Francisco Employee Retirement System Board and Health Service System Board] Supervisor Elsbernd Ordinance amending the San Francisco Administrative Code by amending sections 16.550-16.561 and 16.563-16.564, and adding Sections 16.553-1, 16.553-2 and 16.565, and amending San Francisco Campaign and Governmental Conduct Code by adding section 3.1-268, to allow for Retiree Health Trust Fund Board elections and making minor revisions to existing San Francisco Retirement System and Health Service System election procedures. 9/9/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/9/2008. 081193 [Prohibiting sale of tobacco products on property owned by or under the control of the City and County of San Francisco] Supervisor McGoldrick Ordinance amending the San Francisco Health Code by adding Article 19K, Sections 1010 through 1010.4, to prohibit sales of tobacco products on property owned by or under the control of the City and County of San Francisco. 9/9/08, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 10/9/2008. 081196 [Appropriating $40,520,000 of 2008 Clean and Safe Park Bond proceeds for capital improvements for the Recreation and Park Department and Port Commission in Fiscal Year 2008-2009] Supervisors Peskin, Elsbernd, Chu Ordinance appropriating $40,520,000 of 2008 Clean and Safe Park Bond sale proceeds fund the improvement and construction at various recreation and park facilities, including $36,875,562 in the Recreation and Park Department and $3,644,438 in the Port Commission for Fiscal Year 2008-2009. (Fiscal Impact.) 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081197 [Transfer of Real Property - 575 Polk Street] Mayor Ordinance authorizing the transfer of responsibilities for the court facilities at 575 Polk Street and the agreement to make ongoing payments of fixed court facility payments equal to $323,132.00 per year, adjusted by an inflation index, to the State of California pursuant to such transfer. 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 9/17/08 - Referred to Planning for determination of environmental impact. 09/23/08 - Response Received, Non-physical exemption per section 15060(c)(2) of the CEAQ guidelines. 081198 [Transfer of Real Property - 400 McAllister Street] Mayor Ordinance authorizing the transfer of responsibilities and the future transfer of fee interest in the court facility located at 400 McAllister Street and the agreement to make ongoing payments of fixed court facility payments equal to $955,022.00 per year, adjusted by an inflation index, to the State of California pursuant to such transfer. 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 9/17/08 - Referred to Planning for determination of environmental impact. 09/23/08 - Response Received, Non-physical exemption per section 15060(c)(2) of the CEQA guidelines. 081199 [Medical Cannabis Act Revisions] Mayor Ordinance approving amendments to the Medical Cannabis Act to clarify that a medical cannabis dispensary shall be a cooperative or collective and shall operate as a non-profit. 9/9/08, RECEIVED AND ASSIGNED to Rules Committee. 081200 [Appropriating $51,336,923 of revenue for the Laguna Honda Hospital Replacement Project in the Department of Public Works for Fiscal Year 2008-09] Mayor Ordinance appropriating $25,611,567 of Tobacco Settlement Revenues and $25,725,356 of the 1999 Laguna Honda Hospital General Obligation Bond Proceeds Interest Earnings from the 2005A, 2005B, 2005C, 2005D, and 2005I Series for the Laguna Honda Hospital Replacement Project in the Department of Public Works for Fiscal Year 2008-2009. (Fiscal Impact.) 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081203 [Appropriating $13,022,292 of State Proposition 42 and Proposition 1B revenue for road maintenance projects in the Department of Public Works for Fiscal Year 2008-2009] Supervisors Elsbernd, Chu Ordinance appropriating $11,756,665 of FY 2008-09 Proposition 42 State Funds and $1,265,627 of additional FY 2007-08 Proposition 1B State Funds for road maintenance and resurfacing projects in the Department of Public Works for Fiscal Year 2008-2009. The department will use the bond funds from the State to implement Bureau of Street and Sewer Repair road maintenance and resurfacing projects at various locations. (Fiscal Impact.) 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolutions 081178 [Declaring September 2008 as Reentry Month] Supervisor Mirkarimi Resolution Declaring the Month of September 2008 as Reentry Month in the City and County of San Francisco. 9/9/08, ADOPTED. 081184 [Urging the State of California to amend the Vehicle Code regarding disabled parking placards] Supervisor Alioto-Pier Resolution urging the State of California to amend the Vehicle Code to raise fines for counterfeit or misuse of disabled parking placards, strengthen criteria for disabled parking placards eligibility, and requiring photo identification of disabled placard user on placard. 8/9/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081185 [Renewing commitment against litter in San Francisco] Supervisor Alioto-Pier Resolution urging the Department of Public Works to evaluate current street conditions and investigate why, with all the ordinances that prohibit litter and reward whistleblowers, with all the trash receptacles available, and with all the previous "Clean Streets" campaigns, the streets of San Francisco are still filthy in many areas throughout our City. 9/9/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081186 [Accept-Expend Regional Grant, Airport Commission - $1,399,709.57] Supervisor Alioto-Pier Resolution authorizing the Airport Commission to accept and expend three (3) grants totaling $1,399,709.57 from the Bay Area Air Quality Management District (Air District) for acquisition of clean air vehicles and emissions control equipment by Airport transportation operators. 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081187 [Accept-Expend Federal grant for emergency planning - $175,783] Supervisor Alioto-Pier Resolution authorizing the Department of Emergency Management (DEM) to accept and expend retroactively a grant in the amount of $175,783 from the Federal Emergency Management Agency (FEMA), through the California Governor's Office of Emergency Services (State OES), for emergency planning for at-risk and vulnerable populations, for the period of July 1, 2008 through June 30, 2009. 9/9/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081188 [Approval of Port Lease for Portco, Inc. at 360 Jefferson Street, Fisherman's Wharf] Mayor Resolution approving Port Commission Lease No. L-14564 with Portco, Inc, for a ten (10) year term and one five (5) year extension option for certain real property located at 360 Jefferson in the Fisherman's Wharf area of the City and County of San Francisco. 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081189 [Accept and Expend grant - to support the STD Surveillance Network - $225,000] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend funds from the Centers for Disease Control and Prevention (CDCP), in the amount of $225,000, to support the STD Surveillance Network; for the period of September 30, 2008 through September 29, 2009. 9/9/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081191 [Opposing renewal of wastewater discharge permit for Potrero Power Plant Unit 3] Supervisors Maxwell, Dufty, Peskin, Daly Resolution establishing City policy opposing renewal of the wastewater discharge permit for Mirant's Potrero Power Plant Unit 3 and urging the San Francisco Bay Regional Water Quality Control Board to decline to issue a permit extension. 9/9/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081192 [Accept-Expend Federal Grant - $2,280,000] Supervisor Maxwell Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $2,280,000 from the United States Department of Commerce, Economic Development Administration, for environmental investigation and hazardous materials abatement at the Port of San Francisco, Pier 70. 9/9/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081194 [Supporting Goals for Federal Funding-Community Development Block Grant] Supervisor McGoldrick Resolution supporting Fiscal Year 2009-2010 Community Development Block Grant (CDBG) Action Plan Goals. 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081201 [Contract between the Department of Public Health and SF Community Health Authority to provide universal health insurance services for SF children and young adults - $19,486,273] Mayor Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to enter into a contract amendment between the City and County of San Francisco and the San Francisco Community Health Authority to provide universal health insurance services for San Francisco children and young adults aged 0 through 18 and young parents aged 19 through 24 for the new period of July 1, 2007 through June 30, 2009 in the amount of $19,486,273. (Fiscal Impact.) 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081202 [Interim Zoning Requiring Conditional Use Authorization for Change in Use or Reduction of 15,000 square feet or more of Recreational Space] Supervisor Daly Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for a change in use or reduction in size of any recreational space of 15,000 square feet or more including indoor or outdoor facilities for a six (6) month period and making a determination of consistency with the priority policies of Planning Code Section 101.1. 9/9/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081206 [90 day extension for Planning Commission review - The Metro Theatre] Supervisor Alioto-Pier Resolution extending by 90 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. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081207 [Accept and Expend State Grant - Funding two Environmental Health programs - $8,250] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a new grant in the amount of $8,250 from the California Department of Food and Agriculture (CDFA) funding two programs, the Petroleum Products Compliance program and the Weighmaster Enforcement Program; for the period of July 1, 2008 through June 30, 2009. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081208 [Sea Otter Awareness Week - September 21-27, 2008] Supervisor Peskin Resolution declaring September 21-27, 2008 Sea Otter Awareness Week in San Francisco. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081209 [Accept and Expend State Grant - To support pest exclusion activities - $47,731.06] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend a grant in the amount of $47,731.06 from the California Department of Food and Agriculture (CDFA) to support the Light Brown Apple Moth Program; for the period of July 1, 2008 through June 30, 2009. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081210 [Grant to fund a study through the HIV Prevention Section, Department of Public Health - $13,242] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend retroactively a grant in the amount of $13,242 from the Public Health Foundation Enterprises (PHFE), the primary contractor, with funds from the National Institutes of Health, to support a study entitled "Aripiprazole Treatment for Methamphetamine Using MSM;" for the period of August 1, 2008 through July 31, 2009. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081211 [Grant funds to support worker health and safety - $7,580] Supervisor Chu Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $7,580 from the University of California, Berkeley for year two of a project entitled "Worker Health and Safety in Chinatown Restaurants," for the period of September 1, 2008 through August 31, 2009. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081212 [Extended Producer Responsibility Framework] Supervisor McGoldrick Resolution urging the California State Legislature to enact legislation based on the Extended Producer Responsibility Framework policy adopted by the California Integrated Waste Management Board that will shift costs and responsibilities for waste management from local governments to the producers of products and incentivize product redesign. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081213 [Celebrating the success of the Outside Lands Music and Arts Festival] Supervisor Mirkarimi Resolution commending Another Planet Entertainment, Superfly Presents, Starr Hill Presents, the Recreation and Park Department, the Mayor's Office, the San Francisco Bicycle Coalition, the San Francisco Police Department, the Municipal Transportation Agency, the Department of Public Works, and the Department of Parking and Traffic for the outstanding success of the Outside Lands Music and Arts Festival. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081214 [Health plans that provide health insurance coverage to San Francisco employees to provide comprehensive smoking cessation benefits] Supervisor Daly Resolution urging all health plans that provide health insurance coverage to employees in the City and County of San Francisco to offer comprehensive smoking cessation benefits. 9/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081004 [Interim Controls On Major Rights of Way Along and Near the Southern 19th Avenue Corridor] Supervisor Elsbernd Resolution adopting more restrictive interim controls for a period of eighteen months that would require conditional use authorization for new residential developments over 20 units or for new commercial or retail developments over 50,000 square feet on both sides of the following rights of way along and near the Southern 19th Avenue Corridor: commencing at Lake Merced Boulevard where it begins at the County line, north along Lake Merced Boulevard to Sloat Boulevard, east along Sloat Boulevard to 19th Avenue, north along 19th Avenue to Taraval Street, east on Taraval Street to Claremont, south on Claremont to Portola, southwest on Portola to Junipero Serra Boulevard, and south on Junipero Serra Boulevard to the County line; adopting environmental findings and a determination of consistency with the priority policies of Planning Code Section 101.1. 7/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 7/22/08, ASSIGNED to Land Use and Economic Development Committee. 7/22/08, SUBSTITUTED. Supervisor Elsbernd submitted a substitute resolution bearing same title. 7/24/08, REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comment and Planning Department for environmental review. 9/4/08, RESPONSE RECEIVED. Planning Department - Not a project per Section 15378 of the CEQA Guidelines. 9/9/08, SUBSTITUTED. Supervisor Elsbernd submitted a substitute resolution bearing same title. 9/9/08, ASSIGNED to Land Use and Economic Development Committee. 081005 [19th Avenue Cumulative Impact Study] Supervisors Elsbernd, Chu Resolution urging the Planning Department and Municipal Transportation Authority to conduct, and continually update, a comprehensive cumulative transportation impact study encompassing all the reasonably foreseeable developments along the 19th Avenue corridor from 19th Avenue and Vicente south to the county line, and expressing the Board of Supervisors' intent that individual environmental reviews of any projects along this corridor must incorporate this on-going and comprehensive cumulative impacts analysis to be considered adequate. (9/09/08 - Supervisor Elsbernd submitted a substitute resolution bearing same title.) 7/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 9/9/08, ASSIGNED to Land Use and Economic Development Committee. 9/9/08, SUBSTITUTED. Supervisor Elsbernd submitted a substitute resolution bearing same title. Requests for Hearing 081179 [Report of the Blue Ribbon Panel on the Future of St. Luke's Hospital] Supervisors Alioto-Pier, Ammiano Hearing on the report of the Blue Ribbon Panel on the Future of St. Luke's Hospital. 9/9/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081180 [Violence in the Mission] Supervisor Ammiano Hearing to get an update from relevant city departments on the progress being made or lack thereof in our efforts to address the epidemic of violence in the Mission. 9/9/08, RECEIVED AND ASSIGNED to Public Safety Committee. 081182 [Procedure in place to track leases and/or permits between the City and County of San Francisco and third parties for use of city property] Supervisor McGoldrick Hearing on the procedure in place to track leases and/or permits between the City and County of San Francisco and third parties for use of city property, and to explore best practices for tracking permits, payments, negotiations and other pertinent details. This would include not only covering the responsibilities of the Department of Real Estate, but also the actions of Enterprise Departments who enter into such agreements independently of the City, and the subsequent centralized reporting requirements of the Enterprise Departments. 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081183 [Long-term care in the City and County of San Francisco] Supervisor Peskin Hearing to investigate the state of long-term care in the City and County of San Francisco, with a dedicated presentation from the Long Term Care Coordinating Council, and discussion of the allocation of the City's resources, including the operational savings produced by the down-sizing of Laguna Honda Hospital. 9/9/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Motion 081195 [Directing the Budget Analyst to evaluate capital projects] Supervisor McGoldrick Motion directing the Budget Analyst to conduct an evaluation of capital projects in San Francisco, specifically focusing on fiscal and timing issues, including identification of unencumbered or unexpended funds, over expenditures of funds, including an analysis of change orders, required extensions of projects and other related issues. 9/9/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. PROPOSED ORDINANCES 081152 [Approving General Plan Amendments Related to the Eastern Neighborhoods Area Plans - the Mission, East SoMa, Showplace Square/Potrero Hill and Central Waterfront Area Plans] Ordinance amending the San Francisco General Plan by adding four new area plans, entitled the Mission Area Plan, the East South of Market (East SoMa) Area Plan, the Showplace Square/Potrero Hill Area Plan and the Central Waterfront Area Plan and approving General Plan amendments to implement the four aforementioned Eastern Neighborhoods Area Plans by amending the Commerce and Industry and Recreation and Open Space Elements, the Land Use Index, and the South of Market, Northeastern Waterfront, and Central Waterfront Area Plans; making environmental findings and findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1. (Planning Department) 8/22/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081153 [Planning Code amendments for the Eastern Neighborhoods Area Plans] Ordinance amending the San Francisco Planning Code by adding and amending various sections to implement the four Eastern Neighborhood Area Plans comprised of the East SoMa, the Mission, the Showplace Square/Potrero Hill, and the Central Waterfront Area Plans; adopting in-lieu fees for on-site open space, trees, and affordable housing; adopting the Eastern Neighborhoods impact fee subject to certain restrictions; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Planning Department) 8/22/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 9/11/08 - Submitted fee ad for publication on 9/13 and 9/20/08. 081154 [Zoning Map Amendments in connection with the Eastern Neighborhoods Area Plans] Ordinance amending Zoning Map Sheets ZN01, ZN07, ZN08, HT01, HT07, HT08 and SU08 of the City and County of San Francisco Planning Code with revised use districts and height and bulk districts within the four Eastern Neighborhoods Planning Areas comprised of the East South of Market, Mission, Showplace Square/Potrero Hill and Central Waterfront Area Plans; and creating three special use districts for Life Science and Medical Special Use District bounded generally by Mariposa Street to the north, Ilinois Street to the West, Iowa Street to the East, and 23rd Street to the South, for Innovative Industries Incubator Special Use District bounded generally by 3rd Street to the West, Illinois Street to the east, 20th Street to the north and 23rd Street to the South, for 16th Street Retail Special Use District bounded generally by Capp Street to the East, San Bruno Avenue to the West, 15th Sreet to the North and 17th Street to the South; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Planning Department) 8/22/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081155 [Eastern Neighborhoods Area Plans - monitoring program] Ordinance amending the Administrative Code Chapter 10E to establish the Eastern Neighborhoods Monitoring Program for purposes of reviewing the effectiveness of the Eastern Neighborhoods Area Plans and implementation of specified improvements; and adopting environmental findings. (Planning Department) 8/22/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081160 [Appropriating $86,367,000 of Bond revenue and adopting environmental findings for Crystal Springs Bypass Tunnel at the Public Utilities Commission for Fiscal Year 2008-2009] Ordinance appropriating $86,367,000 of Proceeds from Sale of Bonds for the Water System Improvement Program's (WSIP) construction of the Crystal Springs Bypass Tunnel Project at the San Francisco Public Utilities Commission for Fiscal Year 2008-2009, placing the entire appropriation on Controller's reserve pending the sale of bonds, and adopting environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Mayor) (Fiscal Impact.) 8/28/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081161 [Mission Bay North-Acceptance of Land and Improvements for Block N2] Ordinance accepting the Mission Bay Block N2 Public Improvements on Third, Fourth, Berry, and King Streets; approving the dedication of the strips of land along the west side of Third Street, East Side of Fourth Street, North side of Berry Street and South Side of King Street for right-of-way purposes; designating street grades and sidewalk widths; accepting the irrevocable offer for the acquisition facilities for public use and maintenance purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code Section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 177,778; and authorizing official acts in connection with this ordinance. (Public Works Department) 8/28/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. PROPOSED RESOLUTIONS 081109 [Emergency contract to design, furnish, and install microwave system communication equipment along Hetch Hetchy] Resolution approving an emergency public work contract under San Francisco Administrative Code Section 6.60, to design, furnish, and install a new microwave radio system for Hetch Hetchy. (Public Utilities Commission) (Fiscal Impact.) 8/8/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081110 [Authorizing the Sheriff's Department to amend its contract with ARAMARK Correctional Services, LLC, for Jail Food Services] Resolution authorizing the Sheriff's Department to enter into a second amendment to the agreement between the City and County and ARAMARK Correctional Services, LLC, to increase the contract amount from $15.2 million to an amount not to exceed $27.0 million and to extend the contract term to June 30, 2010. (Sheriff) (Fiscal Impact.) 8/5/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081111 [Approval of the Ryan White HIV/AIDS Treatment Modernization Act grant application - $36,118,233] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to submit an application for the San Francisco Eligible Metropolitan Area (EMA) by the deadline of September 29, 2008, requesting a total amount of $36,118,233, to the Health Resources Services Administration (HRSA) to continue to receive funding for the Ryan White HIV/AIDS Treatment Modernization Act Grant (Ryan White Programs, Part A); for the next grant year, March 1, 2009 through February 28, 2010. (Public Health Department) 8/8/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Supervisor Dufty requested to be added as a sponsor. 081141 [Contract between the Department of Public Health and Accordis, Inc. to provide retroactive claiming of aged accounts services] Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to execute a contract between the City and County of San Francisco and Accordis, Inc. to provide retroactive claiming of aged accounts services for the period of July 1, 2008 through June 30, 2012. 8/6/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081142 [Contract between the Department of Public Health and Triage Consulting Group to provide retroactive claiming of aged accounts services] Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to execute a contract between the City and County of San Francisco and Triage Consulting Group to provide retroactive claiming of aged accounts services for the period of July 1, 2008 through June 30, 2012. 8/15/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081151 [Easement Deed and findings related to the SFPUC's New Crystal Springs Bypass Tunnel water infrastructure project] Resolution adopting findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines and San Francisco Administrative Code Chapter 31, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the New Crystal Springs Bypass Tunnel Project; making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1; and authorizing and approving the execution, delivery and acceptance of an Easement Deed from the County of San Mateo granting to City certain easement rights in real property located beneath and adjacent to portions of Polhemus Road in San Mateo County. (Public Utilities Commission) (Fiscal Impact.) 8/22/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations: Phone Switch Boxes Southwest corner Fell near Divisadero Southeast corner of Broderick and McAllister Northeast corner of Oak and Broderick From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: Potholes Sinkhole on Waller and Fillmore (on the Westside of Waller Street near crosswalk) This has been fix two times and the problem is getting worse 484 Waller Garbage Cans Northeast corner Grove Buchanan Northeast corner Scott and Waller Northeast corner of Haight and Fillmore Northeast corner of Haight and Buchanan From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 495 Scott 295 Buchanan 1213 Fell 1116 Fell 1052 Fell 51 Laguna (Haight Street side) 485 Scott 421 Scott 227 Buchanan 445 Haight 563 Haight 501 Haight 1108 Haight 1419 Fulton 841 Scott 630 Haight 999 Oak From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Wood Southeast corner Grove and Laguna 1305 Fulton Metal Pole Northeast corner Divisadero and Hayes Southeast corner McAllister and Pierce Northeast corner In Memoriams Matt Garcia - Entire Board Joshua Cameron - Supervisor Mirkarimi Samuel Mitchell - Supervisor Ammiano Jorge Hurtado - Supervisor Ammiano Marcelino Canul-Castro - Supervisor Ammiano Mark Guardado - Supervisor Ammiano Giovanni Lechado - Supervisor Ammiano Noel Espinoza - Supervisor Ammiano Matthew Solomon - Supervisor Ammiano Nora K. Leishman - Supervisor Elsbernd Jayne S. Veld - Supervisor Alioto-Pier B.J. Papa - Supervisor Peskin John K. "Jack" Smith - Supervisor Peskin James Lam - Supervisor Peskin Reuben Medina - Supervisor Peskin Angela La Ferrera Olson - Supervisor Sandoval Willa Dellums - Supervisor Dufty Craig Alan Belluomini - Supervisor Dufty ADJOURNMENT There being no further business the Board adjourned at the hour of 4:04 p.m. Angela Calvillo, Clerk of the Board N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on October 21, 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