Board of Supervisors Minutes: September 16, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, September 16, 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 2:03 p.m. On the call of the roll Supervisor McGoldrick was noted absent. There was a quorum present. Supervisor McGoldrick was noted present at 2:05 p.m. CONSENT AGENDA Recommendation 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. Enacted Number: 210-08 FINALLY PASSED 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. Enacted Number: 211-08 FINALLY PASSED 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. Enacted Number: 212-08 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - McGoldrick REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Government Audit and Oversight Committee 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. Enacted Number: 213-08 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - McGoldrick Recommendation of the Land Use and Economic Development Committee 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. Supervisors Daly and Dufty were previously excused from voting on this matter. Enacted Number: 214-08 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 2 - Daly, Dufty Recommendation of the Rules Committee 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. Enacted Number: 215-08 FINALLY PASSED 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.) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NOT PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 4 - Ammiano, Daly, Mirkarimi, Sandoval Noes: 7 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Peskin NEW BUSINESS Recommendations of the Budget and Finance Committee 081096 [Setting San Francisco's fiscal year 2008-2009 property tax rate and establishing pass-through rate for residential tenants] Supervisor Peskin Ordinance providing revenue and levying property taxes for the City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2009. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081097 [Setting San Francisco Community College District's fiscal year 2008-2009 property tax rate to be included in the City's overall property tax rate] Supervisor Peskin Ordinance providing revenue and levying property taxes for the San Francisco Community College District purposes for the fiscal year ending June 30, 2009. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081098 [Setting San Francisco Unified School District's fiscal year 2008-2009 property tax rate to be included in the City's overall property tax rate] Supervisor Peskin Ordinance providing revenue and levying property taxes for the San Francisco Unified School District purposes for the fiscal year ending June 30, 2009. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081099 [Setting San Francisco Bay Area Rapid Transit District's fiscal year 2008-2009 property tax rate to be included in the City's overall property tax rate] Supervisor Peskin Ordinance providing revenue and levying property taxes for the San Francisco Bay Area Rapid Transit District purposes for the fiscal year ending June 30, 2009. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081057 [Appropriating $110,632 of Community Improvement Impact Fee revenue for Leland Avenue Streetscape Improvements in the Department of Public Works for Fiscal Year 2008-2009] Supervisor Maxwell Ordinance appropriating $110,632 of Community Impact Fee revenue from the Visitacion Valley Infrastructure Fund for Leland Avenue Streetscape Improvements in the Department of Public Works for Fiscal Year 2008-2009. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080948 [Amendment to Real Property Ownership Agreement] Supervisor Elsbernd Resolution approving an amendment to the Real Property Ownership Agreement between the Peninsula Corridor Joint Powers Board, San Mateo County Transit District, the City and County of San Francisco and the Santa Clara Valley Transportation Authority to fully resolve all outstanding financial issues related to repayment of SamTrans for its additional contribution for the acquisition of the Caltrain right-of-way, and to designate SamTrans as the managing agency of the Joint Powers Board. (Fiscal Impact.) Enacted Number: 389-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081077 [Approval of Mental Health Services Act (MHSA) FY08-09 Annual Community Services and Supports Plan Update] Resolution authorizing adoption of the Mental Health Services Act Fiscal Year 2008-2009 Annual Community Services and Supports (CSS) Plan Update and modification of Contract No. 07-77338-000 to include this Annual Update in the agreement and authorizing the Department of Public Health to accept and expend the additional State MHSA funds totaling $1,766,236. (Public Health Department) Enacted Number: 391-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081090 [Issuance and Sale of Tax-Exempt Bonds - Pacific Primary - $6,000,000] Supervisor Mirkarimi Resolution approving the issuance and sale of tax-exempt bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $6,000,000 to finance various capital facilities owned by Pacific Primary, a California nonprofit corporation, or an affiliate thereof. Enacted Number: 387-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081128 [FY 2008-2009 California Constitution Appropriations Limit] Supervisor Peskin Resolution establishing the appropriations limit for Fiscal Year 2008-09 pursuant to California Constitution Article XIII B. Enacted Number: 392-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Budget and Finance Committee Without Recommendation 081019 [Public Employment - Deputy Chief 3 - Police Department] Supervisor Dufty Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance FY 2008-2009) to reflect the addition of 2 positions (1.50 FTE) Class 0402 - Deputy Chief 3 in the Police Department. (Supervisor McGoldrick dissented in committee.) (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, Sandoval Noes: 5 - Ammiano, Daly, McGoldrick, Mirkarimi, Peskin SPECIAL ORDER 3:00 P.M. 080913 [Hearing - Broadway Entertainment Corridor Community Benefit District] Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Broadway Entertainment Corridor Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for ten years, commencing with fiscal year 2008-2009, subject to conditions as specified, and making environmental findings. The President inquired as to whether or any member of the public wished to address the Board. Janette Biagini-Barroca; opposed to the Broadway Entertainment Community Benefit District Patrick, Broadway Studios; opposed to the Broadway Entertainment Community Benefit District Calvin Louie; opposed to the Broadway Entertainment Community Benefit District Oliver Mar; opposed to the Broadway Entertainment Community Benefit District Fred Martinez; opposed to the Broadway Entertainment Community Benefit District Franchesca Valdez; opposed to the Broadway Entertainment Community Benefit District Male speaker; opposed to the Broadway Entertainment Community Benefit District The President declared the public hearing closed. Heard at public hearing. FILED. 080914 [Establishing the Broadway Entertainment Corridor Community Benefit District] Supervisor Peskin Resolution establishing a property-based business improvement district to be known as the "Broadway Entertainment Corridor Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for ten years, commencing with fiscal year 2008-2009, subject to conditions as specified, and making environmental findings. The Clerk of the Board announced the tabulations of the Broadway Entertainment Corridor Community Benefit District. Voting For - 47.58% Voting Against - 52.42% Supervisor Mirkarimi, seconded by Supervisor Sandoval, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Peskin, seconded by Supervisor Maxwell, 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 Peskin introdced, welcomed and presented a Certificate of Honor Dawn Trennert in recognition of the founder of the Middle Polk Neighborhood Association. SPECIAL ORDER 4:00 P.M. 081137 [Public Hearing - Appeal of Final Supplemental Environmental Impact Report for Central Subway Project] Hearing of persons interested in or objecting to the decision of the Planning Commission's August 7, 2008 certification of a Final Supplemental Environmental Impact Report identified as Planning File No. 1996.281E, through its Motion No. M-17668, for the proposed Central Subway Project, located along and under Fourth Street and under Stockton Street in the Downtown, Chinatown and North Beach Areas with a surface station at Fourth/Brannan and underground stations at Moscone, Union Square/Market Street and Chinatown and construction tunnel under Columbus Avenue to Washington Square. (Appellants: John Elberling filed on August 20, 2008; Gerald Cauthen and Howard Wong filed on August 27, 2008; and James W. Andrew filed on August 27, 2008.) (Filed - August 20, 2008 and August 27, 2008; companion measure to Files 081138, 081139, 081140.) The President inquired as to whether any member of the public wished to address the Board members. Gerald Cauthen; Appellant Howard Strassner; support of the appellant Howard Wong; Appellant Norman Rolfe; support of the appellant Lee Goodin; support of the appellant Bernard Choden; support of the appellant Joan Wood; support of the appellant Herb Kosivitz; support of the appellant David Schonbrunn; support of the appellant Zach Stuart; support of the appellant Earl Tribodeau; support of the appellant Eric Chase; support of the appellant David Pilpel; support of the appellant Bill Wycko and Joan Krugler, representatives from the Planning Department, reviewed with the Board the Planning Department's recommendation. John Funghi, representative of the Municipal Transportation Agency, reviewed with the Board members the MTA's recommendation. David Chiu; support of the project sponsor Jeremy Till; support of the project sponsor Michael Kwok; support of the project sponsor Krishra Ramanujam; support of the project sponsor David Vasquez; support of the project sponsor Male speaker; support of the project sponsor Jackie Sachs; support of the project sponsor Emilio Cruz, SPUR; support of the project sponsor Male speaker; support of the project sponsor Rebuttal Period Gerald Cauthen, Appellant The President declared the public hearing closed. Heard at public hearing. FILED. Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Supplemental 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.) Supervisor Sandoval was noted absent at 5:22 p.m. 081138 [Affirming certification of Central Subway Project Final Supplemental EIR] Motion affirming the certification by the Planning Commission of the Final Supplemental Environmental Impact Report for the Central Subway Project. Enacted Number: M08-145 Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 081139 [Disapproving certification of Central Subway Project Final Supplemental EIR] Motion disapproving the certification by the Planning Commission of the Final Supplemental Environmental Impact Report for Central Subway Project. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval 081140 [Preparation of findings to disapprove certification of Central Subway Project Final Supplemental EIR] Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Supplemental Environmental Impact Report for the Central Subway Project. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - 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 Pie; expressed concern with issues relating to violence and abuse to children James Chaffee; expressed concern with issues relating to the SF Public Library Walter; expressed concern with issues relating time? Mike Annuzio; expressed concern with issues relating to the senior population in San Francisco Ricardo Lopez; expressed concern with issues relating to the economy and requested the Board to pass a resolution supporting a federal bill for homeowners protection Summer Shields; expressed concern with issues relating to the economy and requested the Board to pass a resolution supporting a federal bill for homeowners protection Male speaker; expressed concern with issues relating to the economy and requested the Board to pass a resolution supporting a federal bill for homeowners protection John di Donna; expressed concern with issues relating to situation ethics Female speaker; expressed concern with issues relating to Access San Francisco, Channel 29 Richard McRee; expressed concern with issues relating to his design for the Sigmund Stern Grove Dane Johnsten; expressed concern with issues relating to freedom of speech Francisco da Costa; expressed concern with issues relating to a Bayview Hunters Point developer FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. Supervisor Ammiano was noted absent at 4:07 p.m. Supervisor Ammiano was noted present at 4:50 p.m. 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. Enacted Number: 393-08 ADOPTED 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. Enacted Number: 394-08 ADOPTED 081208 [Sea Otter Awareness Week - September 21-27, 2008] Supervisor Peskin Resolution declaring September 21-27, 2008 Sea Otter Awareness Week in San Francisco. Enacted Number: 395-08 ADOPTED 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. Enacted Number: 396-08 ADOPTED 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. Enacted Number: 397-08 ADOPTED 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. Enacted Number: 398-08 ADOPTED 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. Enacted Number: 390-08 ADOPTED 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. Enacted Number: 388-08 ADOPTED 080711 [Final Map - 480 14th Street] Motion approving Final Map 4547, a 12 Unit Residential Condominium Project, located at 480 14th Street being a subdivision of Lot 166 in Assessors Block No. 3533 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Enacted Number: M08-144 APPROVED 080763 [Final Map - 901 Bush Street] Motion approving Final Map 5181, a 38 Unit Residential Condominium Project, located at 901 Bush Street being a subdivision of Lot 001 in Assessors Block No. 0282 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Enacted Number: M08-143 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Ammiano Severed from the Without Reference to Committee Agenda Supervisor Chu requested that this matter be severed so that it might be considered separately. 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. Continued to September 23, 2008 Supervisor Chu, seconded by Supervisor Mirkarimi, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Ammiano OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 080658 [General advertising on City buildings and street furniture] Supervisor McGoldrick Ordinance amending the San Francisco Administrative Code by adding Section 4.20-1 to prohibit any new general advertising signs on street furniture over the number authorized as of July 1, 2007 and to prohibit new general advertising signs visible to the public on the exterior of City-owned buildings; adopting environmental and other findings. (9/16/08 - Supervisor McGoldrick submitted a substitute ordinance bearing new title.) 5/13/08, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 6/12/2008. (Referred to Planning Department for environmental review.) 9/16/08, ASSIGNED to City Operations and Neighborhood Services Committee. 9/16/08, SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title. 081226 [Accept-Expend Metropolitan Transportation Commission Grant and Amendment to the Annual Salary Ordinance, FY 2008-2009] Supervisor Alioto-Pier Ordinance authorizing the Department of the Environment to accept and expend a grant up to the amount of $210,000 over the next three fiscal years from the Metropolitan Transportation Commission to provide Transportation Demand Management services to employers on behalf of the 511 Regional Rideshare Program, with the City providing 11.47% of the project costs, and amending Annual Salary Ordinance Number 141-08 to reflect the addition of one (1) grant funded position at the Department of the Environment. 9/16/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081227 [Voting Systems Task Force] Supervisor Ammiano Ordinance amending the Administrative Code by adding Sections 5.400-410 to establish a Voting Systems Task Force comprised of individuals with backgrounds in good government, computer science or the computer industry, election administration, and accommodations of persons with disabilities, to make recommendations to the Board of Supervisors about voting system standards, design and development. 9/16/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2008. 081228 [Appropriating $498,304 General Fund Reserve for Mission District violence prevention and reduction grants in the Department of Children, Youth and Their Families for Fiscal Year 2008-2009] Supervisor Ammiano Ordinance appropriating $498,304 from the General Fund Reserve for high risk youth violence prevention and reduction grants focusing on intensive case management, outreach and programming in the Mission District in the Department of Children, Youth and Their Families for Fiscal Year 2008-2009. (Fiscal Impact.) 9/16/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081230 [Medical Cannabis Dispensary Permits] Supervisor Daly Ordinance amending Section 3308 of the San Francisco Health Code to include the installation of platform lifts under the minimum disability access standards for Medical Cannabis Dispensaries. 9/16/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2008. 081231 [Local Business Enterprise and Non-Discrimination in Contracting Ordinance] Supervisor Maxwell Ordinance amending the San Francisco Administrative Code by amending Section 14B.8 to direct the Human Rights Commission to assign numeric point values to the good faith outreach steps that bidders must undertake for all public work/construction, architect/engineering, professional service and general service contracts that exceed the minimum competitive amount or threshold amount. 9/16/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081232 [Zoning - Requiring a Conditional Use Permit for Formula Retail Uses in the Residential-Commercial Combined Medium Density (RC-3) and Residential-Commercial Combined High Density (RC-4) Supervisor McGoldrick Ordinance amending the Planning Code by amending Section 209.9, to require a conditional use permit for formula retail uses in the Residential-Commercial Combined Medium Density (RC-3) and Residential-Commercial Combined High Density (RC-4) Districts; and adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. 9/16/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/16/2008. 081234 [Zoning - Prohibiting Formula Retail Uses in the Chinatown Mixed Use Districts] Supervisor Peskin Ordinance amending the Planning Code by amending Section 803.6 to prohibit formula retail uses in the Chinatown Mixed Use Districts; amending Section 803.2 to refer to this prohibition, and adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. (9/19/08 - Economic Impact.) 9/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 9/17/08, REFERRED TO DEPARTMENT. Referred to Planning Commision for review and comment; Planning Department for environmental review; Small Business Commission for comment and recommendation. 081235 [Subdivision Code - notice and appeal procedures, DBI review fee] Supervisor Peskin Ordinance amending the Subdivision Code Section 1313 to modify noticing procedures for subdivision applications and delete the Department of Public Works appeal hearing on engineering and surveying matters; amending Section 1314 concerning appellants so that it conforms with the California Subdivision Map Act; amending Section 1359 to conform with the abovementioned amendments; amending Section 1315 to include a processing fee for all subdivisions that the Department of Building Inspection reviews; and making environmental findings. 9/16/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/16/2008. 081236 [Appropriating $130,462.77 of unappropriated fund balance for the Pier 43 Bay Trail Link in the Port of San Francisco for Fiscal Year 2008-2009] Supervisors Peskin, Elsbernd Ordinance appropriating $130,462.77 of unappropriated fund balance for the construction of the Pier 43 Bay Trail Link public promenade from Powell to Taylor streets in the Port of San Francisco for Fiscal Year 2008-2009. 9/16/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Resolutions 081229 [Accept and Expend EPA West Coast Collaborative FOG to Biodiesel Grant funds - $175,000] Supervisor Chu Resolution authorizing the San Francisco Public Utilities Commission to accept and expend an EPA FOG to Biodiesel Grant in the amount of $175,000 through the West Coast Collaborative. 9/16/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081233 [Urging the Department of Public Works to revisit the street sweeping reductions] Supervisors McGoldrick, Alioto-Pier Resolution urging the Department of Public Works to revisit the current Mechanical Sweeping Program improvements program, in order to perform thorough public outreach to community groups and integrate public feedback from those who live in affected neighborhoods into the citywide plan to reduce the mechanical street sweeping schedule. 9/16/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081237 [Appointments, Treasury Oversight Committee, Dr. Don Griffin, Ben Rosenfield, Todd Rydstrom] Supervisor Peskin Resolution appointing Dr. Don Griffin, Ben Rosenfield, Todd Rydstrom, terms ending June 5, 2009, to the Treasury Oversight Committee. 9/16/08, RECEIVED AND ASSIGNED to Rules Committee. 081238 [Extending sunset date of the Peak Oil Preparedness Task Force] Supervisor Mirkarimi Resolution extending the sunset date of the Peak Oil Preparedness Task Force for not more than six months. 9/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081239 [Commending Yomi Agunbiade, General Manager of the Recreation and Park Department, for his dedicated service] Supervisors Elsbernd, Chu, Mirkarimi, Maxwell, Peskin, Alioto-Pier, Dufty Resolution commending Yomi Agunbiade, General Manager of the Recreation and Park Department, for his dedicated service. 9/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081240 [30 day halt to Department of Public Works' mechanical street sweeping changes] Supervisor Alioto-Pier Resolution urging the Department of Public Works to immediately halt the implementation of the changes to the mechanical street sweeping program for 30 days. 9/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081241 [Accept-Expend State Grant - Life and Annuity Consumer Protection Program - $25,000] Supervisor Chu Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $25,000 through the California Department of Insurance, Life and Annuity Consumer Protection Fund, for a program entitled "Life and Annuity Consumer Protection" for fiscal year July 2008 through June 2009. 9/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 081221 [Department of Public Works (DPW) Mechanical Street Cleaning Changes] Supervisor Alioto-Pier Hearing on Department of Public Works (DPW) Mechanical Street Cleaning Changes. The hearing shall explore the changes DPW has proposed for mechanical street cleaning in residential neighborhood, the community outreach done in advance and community response received, and what alternatives DPW has studied before deciding on these changes. 9/16/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081223 [Status of Memorandum of Understanding (MOU) for renovation of Dolores Park Children's Playground] Supervisor Dufty Hearing to receive an update from the Recreation and Parks Department (RPD) on the status of the Memorandum of Understanding (MOU) concerning the renovation of the Dolores Park Children's Playground. The hearing will also consider the expenditure plan for funds provided for this project in the 2008-2009 budget and the 2008 Park Bond. 9/16/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081224 [San Francisco Zoo - Office of the Legislative Analyst Report] Supervisor McGoldrick Hearing to discuss the report written by the Office of the Legislative Analyst which compares the San Francisco Zoo's current practices in the areas of animal welfare, education and conservation against standards and policies promulgated by the USCA and various zoo associations. 9/16/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081225 [Hayes Street two-way restoration] Supervisor Mirkarimi Hearing on the status of the Municipal Transportation Agency's restoration of Hayes Street to a two-way thoroughfare pursuant to Board of Supervisors Resolution No. 619-07. 9/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. PROPOSED ORDINANCES 081165 [Settlement of Lawsuit - Twylah Sperka - $49,000] Ordinance authorizing settlement of the lawsuit filed by Twylah Sperka against the City and County of San Francisco for $49,000; the lawsuit was filed on February 26, 2007 in San Francisco Superior Court, Case No. 460-772; entitled Twylah Sperka v. City and County of San Francisco, et al. (City Attorney) 9/9/08, RECEIVED AND ASSIGNED to Rules Committee. 081166 [Settlement of Lawsuit - J. Hadley Louden - $35,000] Ordinance authorizing settlement of the lawsuit filed by J. Hadley Louden against the City and County of San Francisco for $35,000; the lawsuit was filed on June 5, 2006 in San Francisco Superior Court, Case No. 06-452880, entitled J. Hadley Louden v. Sgt. Sorgie et al., and removed to the United States District Court, Northern District of California, Case No. 06-04762 MHP, on August 7, 2006. (City Attorney) 9/4/08, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 081164 [Amending the agreement between the CCSF and Office Depot for office supplies to $17,540,000] Resolution approving the Fifth Amendment to the Agreement between the City and Office Depot (Contractor) for office supplies, increasing the contract's dollar amount to $17,540,000, pursuant to Charter Section 9.118(b). (Office of Contract Administration) (Fiscal Impact.) 9/4/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081167 [Lease of Real Property at 1700-1740 17th Street and 1415 16th Street, San Francisco] Resolution authorizing the lease of property, with a first right of refusal to purchase, comprising approximately 52,125 square feet of improvements upon a lot area of 62,373 square feet, located at 1700-1740 17th Street and 1415 16th Street (Assessor's Block 3955, Lot 002) in San Francisco for the San Francisco Police Department. (Real Estate Department) (Fiscal Impact.) 9/8/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 9/17/08 - Referred to Planning for determination of environmental impact. 09/23/08 - Response Received, Not a project per section 15060(c)(3) of the CEQA guidelines. 081168 [Agreement with PRWT Services, Inc. for Citation Processing Services] Resolution authorizing a five year agreement, with option to renew for up to an additional five years, with PRWT Services, Inc. for an amount not to exceed $53.5 million. (Municipal Transportation Agency) (Fiscal Impact.) 9/9/08, 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 utility poles at the following locations: Wood 945 Linden Metal Pole Northeast corner Broderick and Fell Haight and Buena Vista West, south side of street Northeast corner of 7th Avenue and Irving Mailboxes Southwest corner of 9th Avenue and Lincoln 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 public property located at the following locations: Utility Boxes Northeast corner Linden and Buchanan Southeast corner Linden and Buchanan Southwest corner 9th Avenue and Lincoln Bus Shelters Southwest corner of Haight and Baker Northeast corner of Baker and Haight Southeast corner of Fillmore and Haight, graffiti and needs power washing 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: Garbage Cans Southwest corner of Hayes and Scott Northeast corner of Buchanan and Haight Northeast corner of Buena Vista West On Haight Southside between Masonic and Buena Vista West Southwest corner of 5th Avenue and Lincoln 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: At Haight and Stanyan, McDonald's brick wall 465 Lincoln 501 Haight 55 Laguna, UC Berkeley campus, on the Haight and Laguna Street In Memoriams Robert J. "Bob" McCarthy - Entire Board Mazie Cecilia McDermott Nevin - Entire Board Royshawn Holden - Supervisor Mirkarimi Peter Camejo - Supervisor Mirkarimi W. Deen Muhammed - Supervisor Mirkarimi Del Martin - Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:24 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