Board of Supervisors Minutes: September 23, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, September 23, 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, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval. Members Excused: Jake McGoldrick. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:04 p.m. On the call of the roll Supervisor McGoldrick was noted absent. There was a quorum present. Supervisor McGoldrick was previously excused from attendance. Supervisor McGoldrick Excused from Attendance Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved to excuse Supervisor McGoldrick from attending today's meeting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes of August 12, 2008. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick CONSENT AGENDA 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. Enacted Number: 217-08 FINALLY PASSED 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. Enacted Number: 218-08 FINALLY PASSED 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. Enacted Number: 219-08 FINALLY PASSED 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. Enacted Number: 216-08 FINALLY PASSED 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. Enacted Number: 220-08 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 Excused: 1 - McGoldrick REGULAR AGENDA UNFINISHED BUSINESS 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.) Enacted Number: 221-08 FINALLY PASSED by the following vote: Ayes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, Sandoval Noes: 4 - Ammiano, Daly, Mirkarimi, Peskin Excused: 1 - McGoldrick Recommendation of the Land Use and Economic Development Committee 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 October 7, 2008 Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved that this Ordinance be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick NEW BUSINESS Recommendations of the Budget and Finance Committee 081084 [Authorizing the Department of Public Health to perform and award contracts for public work under a specified procedure] Supervisor Elsbernd Ordinance adding San Francisco Administrative Code Chapter 6, Section 6.69, to authorize the Department of Public Health to perform and award contracts for health facilities public work through competition among a pre-qualified pool of contractors. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 081071 [Approval of CPMC Lease Termination Agreement at One South Van Ness Avenue] Resolution retroactively approving a Lease Termination Agreement between the City, as landlord, and CPMC, as tenant, for approximately 127,638 square feet of office space on the 4th and 8th floors of One South Van Ness Avenue, and the subsequent occupancy of the 4th floor space by the Department of Human Resources and the 8th floor space by the Municipal Transportation Agency. (Real Estate Department) (Fiscal Impact.) Enacted Number: 399-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 081073 [Approving Modification to the Cooperative Agreement between the Treasure Island Development Authority and the U.S. Navy] Resolution approving and authorizing the Treasure Island Development Authority to enter into a Modification to the Cooperative Agreement with the U.S. Navy to extend the Cooperative Agreement from October 1, 2008 to September 30, 2009. (Treasure Island Development Authority) (Fiscal Impact.) Enacted Number: 400-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 081075 [Airport Concession Lease] Resolution approving the Boarding Area "F" Pharmacy, Health and Beauty Store Lease between Harmony Pharmacy and Health Center, Inc. and the City and County of San Francisco, acting by and through its Airport Commission. Enacted Number: 401-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 081079 [Amendment to leases of Real Property at 3120 Mission and 3425 Cesar Chavez Streets] Resolution authorizing the Amendment to leases at 3120 Mission and 3425 Cesar Chavez Streets for the Department of Human Services. (Real Estate Department) (Fiscal Impact.) Enacted Number: 402-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Recommendations of the Government Audit and Oversight Committee 080796 [Amending Ordinance 202-07, authorizing award of contract for CM/GC services for the San Francisco General Hospital Rebuild Program, and making findings under CEQA] Ordinance amending Ordinance 202-07 to add Drywall Subcontractor to the list of authorized Core Subcontractors for the San Francisco General Hospital Rebuild Program; authorizing the award of a contract for Construction Manager/General Contractor services for the San Francisco Hospital Rebuild Program; 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; and finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53. (Public Works Department) (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 080797 [Authorizing award of architectural and engineering design services contract for the San Francisco General Hospital Replacement Program and adopting findings under CEQA] Resolution authorizing the award of an architectural and engineering design services contract for the San Francisco General Hospital Seismic Compliance Hospital Replacement Program; 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; and finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53. (Public Works Department) (Fiscal Impact.) Enacted Number: 403-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 081102 [MOU, Amendment No. 2 - Municipal Attorneys' Association] Mayor Ordinance adopting and implementing Amendment #2 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the Municipal Attorneys' Association. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 081103 [MOU - Service Employees International Union, Local 1021, H-1 Fire Rescue Paramedics] Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021, H-1 Fire Rescue Paramedics, to be effective July 1, 2007 through June 30, 2011. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick From the Government Audit and Oversight Committee Without Recommendation 081107 [MOU - SF Police Officers' Association (SFPOA), P-2B] Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers' Association (SFPOA), P-2B, to be effective July 1, 2007 through June 30, 2011. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Mirkarimi, Peskin, Sandoval Noes: 2 - Daly, Maxwell Excused: 1 - McGoldrick Recommendations of the Land Use and Economic Development Committee 081074 [Changing the official sidewalk width - Harrison Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1581 to change the official sidewalk width on the north side of Harrison Street east of Fourth Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Supervisors Dufty and Mirkarimi Excused From Voting Supervisor Elsbernd, seconded by Supervisor Chu, moved moved to excuse Supervisors Dufty and Mirkarimi from voting on this matter, due to a possible conflict of interest. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, Peskin, Sandoval Excused: 3 - Dufty, McGoldrick, Mirkarimi 081087 [Condominium conversion lottery based on seniority of participation] Supervisor McGoldrick Ordinance amending the Subdivision Code by amending Section 1396 to extend the annual 200-unit condominium conversion lottery; amending Section 1396.3 to continue the prioritization of the condominium conversion lottery based on seniority of participation in prior lotteries; and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 6 - Alioto-Pier, Ammiano, Chu, Elsbernd, Peskin, Sandoval Noes: 2 - Daly, Maxwell Excused: 3 - Dufty, McGoldrick, Mirkarimi 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. Sue Hestor, Attorney for South of Market Community Action Network; appellant Mr. Fukado, Representative of the Coalition for Neighborhoods; appellant April Veneracion; support of the appellant Angela Cabati; support of the appellant Chris Durazo; Appellant Jazzie Collins; support of the appellant Female speaker; support of the appellant Male speaker; support of the appellant Tom Gilberti; support of the appellant Judith Berkovitz; support of the appellant Michael Jacinto, Bill Wykco and Paul Maltzer, representatives of the Planning Department, reviewed with the Board their recommendations. Male speaker; support of the project sponsor Rebuttal Period: Appellant Sue Hestor and Mr. Fukado 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 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) Enacted Number: M08-148 Supervisor Maxwell, seconded by Supervisor Ammiano, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, Mirkarimi, Sandoval Noes: 1 - Peskin Absent: 2 - Daly, Dufty Excused: 1 - McGoldrick 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) Supervisor Maxwell, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, Mirkarimi, Sandoval Noes: 1 - Peskin Absent: 2 - Daly, Dufty Excused: 1 - McGoldrick 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) Supervisor Maxwell, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, Mirkarimi, Sandoval Noes: 1 - Peskin Absent: 2 - Daly, Dufty Excused: 1 - McGoldrick COMMITTEE REPORTS 081048 [Reappointment, Board of Appeals - Frank Fung] Motion approving the Mayor's reappointment of Frank Fung to the Board of Appeals, for the term ending July 1, 2012. (Mayor) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - July 25, 2008). (9/18/08, Supervisor Daly dissenting in committee). Enacted Number: M08-146 APPROVED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Noes: 1 - Daly Excused: 1 - McGoldrick 081050 [Reappointment, Board of Appeals - Tanya Peterson] Motion approving the Mayor's reappointment of Tanya Peterson to the Board of Appeals, for the term ending July 1, 2012. (Mayor) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - July 25, 2008). Enacted Number: M08-147 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 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. John di Donna; expressed concern with issues relating to the violations of civil rights Cecil Lewis; expressed concern with issues relating to the labeling of different types of gasoline Walter; expressed concern with issues relating to the fixing and retro fitting of his building Female speaker; expressed concern with issues relating to the height of buildings for exiting the building Richard McRee; expressed concern with issues relating to high rises and the use of existing buildings and his design for Sigmund Stern Grove 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. 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. Enacted Number: 407-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick 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. Enacted Number: 405-08 ADOPTED 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. Enacted Number: 406-08 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Excused: 1 - McGoldrick Severed From the Without Reference to Committee Agenda Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. 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. REFERRED to the City Operations and Neighborhood Services Committee. 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. Enacted Number: 404-08 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Noes: 1 - Chu Excused: 1 - McGoldrick 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 Elsbernd, seconded by Supervisor Ammiano, moved the purely commendatory finding. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 2 - Daly, Dufty Excused: 1 - McGoldrick [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 Elsbernd, seconded by Supervisor Ammiano, moved the Brown Act finding. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 2 - Daly, Dufty Excused: 1 - McGoldrick 081244 [Folsom Street Fair Day in San Francisco] Supervisors Dufty, Ammiano Resolution declaring September 28, 2008 as Folsom Street Fair Day in San Francisco. Enacted Number: 408-08 ADOPTED by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 2 - Daly, Dufty Excused: 1 - McGoldrick OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 081247 [Zoning - Conditional use authorization for new development in the Bernal South Slope Area] Supervisor Ammiano Ordinance amending Planning Code Section 242 to require conditional use authorization for new development in the Bernal South Slope Area, and making findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. 9/23/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/23/2008. 081249 [Inclusionary In Lieu Fees For Small Site Acquisition and Rehabilitation] Supervisor Daly Ordinance amending Planning Code Section 315.6 of the Residential Inclusionary Affordable Housing Program to provide that ten percent (10%) of in lieu fees paid under Section 315.6, not to exceed a maximum of $15 million at any one time, be designated exclusively for the acquisition and/or rehabilitation of affordable housing sites consisting of less than 25 units. 9/23/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/23/2008. 081250 [Massage practitioner requirements] Supervisor Dufty Ordinance amending Section 1902 of the San Francisco Health Code by changing the requirement that massage practitioners obtain a certificate of graduation to a certificate of completion verifying at least 100 hours of massage instruction. 9/23/08, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 10/23/2008. 081251 [Planning Code--Appendix K to Article 10, Bush Street-Cottage Row Historic District] Supervisor Mirkarimi Ordinance amending the San Francisco Planning Code by amending Appendix K to Article 10, "Bush Street-Cottage Row Historic District," by adding a new Section 7 to set forth additional requirement for Certificates of Appropriateness; and making findings, including findings of consistency with the General Plan and priority policies of Planning Code Section 101.1 and environmental findings. 9/23/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081252 [Coordinated Code Enforcement Process] Supervisor Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Chapter 102 to require coordination in the code enforcement efforts of City departments and to establish a fund to support the City's code enforcement activities; adding Section 10.100-167 to create a Category 4 fund to receive and expend funds related to the City's code enforcement activities; and amending Section 1.56 to require annual reports to contain details on the department's code enforcement activities; amending the San Francisco Business and Tax Regulations Code by adding Section 16(a) to provide a mechanism for enforcement of decisions of the Board of Appeals; amending Section 102A of the San Francisco Building Code and adding Section 176.2 to the San Francisco Planning Code to provide for enforcement of decisions of the Board of Appeals without additional abatement proceedings by the department; adopting environmental and other findings. 9/23/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/23/2008. Resolutions 081244 [Folsom Street Fair Day in San Francisco] Supervisors Dufty, Ammiano Resolution declaring September 28, 2008 as Folsom Street Fair Day in San Francisco. 9/23/08, ADOPTED. 081248 [Changing the name of Rowland Street in North Beach to Dirk Dirksen Alley] Supervisor Ammiano Resolution declaring the Board's intention to change the name of Rowland Street on Broadway in North Beach to "Dirk Dirksen Alley," in recognition of Dirk Dirksen, who will be remembered as one of the most important figures in the musical and cultural history of San Francisco; and authorizing initiation of the process to install a commemorative plaque on said street. 9/23/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081253 [Single Family Housing Bond REO and Refinance program] Mayor, Supervisors Maxwell, McGoldrick, Chu Resolution authorizing an application by the Mayor's Office of Housing to the California Debt Limit Allocation Committee to permit the issuance of Single Family Housing Bonds in an aggregate amount not to exceed $10,115,243 to enable the purchase of Real Estate Owned (REO) single family units by low and moderate income households and the refinance of subprime and adjustable rate mortgages (ARM) to 30 and 40 year amortized fixed mortgages for low and moderate income households in single family homes. 9/23/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081254 [Accept-Expend San Francisco Giants Community Fund and the Good Tidings Foundation gift - $100,000] Mayor Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a gift in the estimated amount of $100,000 from the San Francisco Giants Community Fund and the Good Tidings Foundation for Excelsior Playground baseball/softball field improvements. 9/23/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081255 [Conflict Resolution Day - October 16, 2008] Supervisor Daly Resolution declaring October 16th "Conflict Resolution Day", to be recognized in San Francisco for the purpose of fostering awareness and use of conflict resolution tools within our schools and communities. 9/23/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081256 [Accept and Expend Grant - Office of Language Services - $40,000] Supervisors McGoldrick, Chu Resolution retroactively authorizing the Office of Language Services to accept and expend grant funds in the amount of $40,000 from the Zellerbach Family Foundation to create a pilot program to expand the organizational capacity of the City's law enforcement, criminal justice, and emergency management agencies to meet the cultural and linguistic needs of limited English proficient victims of domestic violence. 9/23/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests for Hearing 081245 [Nitrite based Poppers] Supervisor Ammiano Hearing on the disclosure of the Health effects of Nitrite based Poppers. 9/23/08, RECEIVED AND ASSIGNED to Rules Committee. 081246 [Status and Benefits of Proposition 63 Funds] Supervisor Ammiano Hearing on the status and benefits of Proposition 63 funds. 9/23/08, RECEIVED AND ASSIGNED to Rules Committee. Motions 081257 [Confirming the re-appointment of Francee Covington to the San Francisco Redevelopment Agency] Mayor Motion confirming the re-appointment of Francee Covington to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2012. 9/23/08, RECEIVED AND ASSIGNED to Rules Committee. 081258 [Confirming the re-appointment of Rick Swig to the San Francisco Redevelopment Agency] Mayor Motion confirming the re-appointment of Rick Swig to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2012. 9/23/08, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED ORDINANCES 081205 [Settlement of Lawsuit, Gladys DeWitt - $50,000] Ordinance authorizing settlement of the lawsuit filed by Gladys DeWitt against the City and County of San Francisco for $50,000; the lawsuit was filed on January 19, 2007 in San Francisco Superior Court, Case No. 459735, and removed, on July 27, 2007, to United States District Court for the Northern District of California, Case No. C-07-03791 PJH, entitled DeWitt v. City and County of San Francisco, et al. 9/9/08, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 081215 [Appointment, Transbay Joint Powers Authority - Carter R. Rohan] Resolution confirming the appointment of Mr. Carter R. Rohan, R. A. (Senior Director of Transportation Planning and Development Division of the San Francisco Municipal Transportation Agency) to serve on the Transbay Joint Powers Authority as an Alternate Member when SFMTA Executive Director/CEO Nathaniel P. Ford, Sr. is unable to attend. (Municipal Transportation Agency) 9/12/08, RECEIVED AND ASSIGNED to Rules Committee. 081217 [Approval of three contracts for the Department of Public Health] Resolution authorizing the San Francisco Department of Public Health to enter into five contracts providing mental health services for clients in long term care in locked facilities, for pharmacy management services and for fiscal intermediary services related to the San Francisco Mental Health Plan's for Private Provider Network, residential care facilities, and for mental health wraparound services, for the term of October 1, 2008 and January 1, 2009 through June 30, 2013 and December 31, 2013. (Public Health Department) (Fiscal Impact.) 9/16/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081218 [Amendment to Settlement Agreement with Pacific Gas and Electric Company] Resolution authorizing the Port to execute an amendment to the settlement agreement between Pacific Gas and Electric Company (PG&E) and the City and County of San Francisco, dated June 14, 2005, in the matter of PG&E's petition for relief under the Bankruptcy Code (Federal ID No. 94-0742640). The settlement resolves a claim of encroachment by PG&E's Hunter's Point Power Plant on Custer, Davidson, India and Ingalls Streets, by: (1) extending PG&E's right to continue occupying approximately 35,465 square feet of Custer and Davidson Streets until July 31, 2012, and to continue occupying approximately 56,484 square feet of Custer, Davidson, India and Ingalls Streets until July 31, 2016, with option to extend each period of occupancy for periods of 6 months at a time with the Port's prior written consent; and (2) delaying the commencement date of a 5-year lease to PG&E of approximately 1,421 square feet of Davidson Street from January 1, 2008 to August 1, 2012. (Port) 9/11/08, 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: Metal Pole Northwest corner of Steiner and Fell Northwest corner of Fell and Scott Southeast corner of Broderick and Fulton Southeast corner of Fulton and Scott Northeast corner of Fell and Steiner Southwest corner of Masonic and Haight Southeast corner of Hayes and Buchanan North side, center median on Divisadero and Haight 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: 1566 Haight 541 Haight 626 Scott 685 Scott 484 Haight (gang graffiti) 1201 Fulton 940 Fillmore 500 Fillmore 573 Fillmore Pierce and Fell (Ida B. Wells wall) 799 Haight 792 Haight 698 Haight 299 Webster 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 locations: Phone Switch Boxes Northeast corner of Scott and Oak Northeast corner of Broderick and Fulton Southwest corner of Fulton and Broderick Southwest corner of Fillmore and Fulton Garbage Cans Southwest corner of Baker and Haight Northeast corner of Fulton and Fillmore Northeast corner of Clayton and Haight North side at Fulton and Clayton Fire Hydrant Norhtwest corner of Octavia and Grove Northeast corner of Clayton and Page 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 newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Southeast corner of Fillmore and Haight San Francisco Chronicle Southeast corner of Haight and Fillmore Irving and 9th Avenue Irving and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight and Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft an ordinance that would create a moratorium on new tobacco paraphernalia establishments on Haight Street. In Memoriams Stephen Oliver Price aka Steve Lady - Supervisor Ammiano John Burnside - Supervisors Ammiano and Dufty Frank Kardos - Supervisor Daly Barbara Pacak - Supervisors Elsbernd and Chu ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:58 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 28, 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) 554-4933 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 and legislative files (which contain documents submitted after the distribution of the agenda packet) are available at the Board of Supervisors, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Agendas are available on the Internet at www.sfgov.org/site/bos_meetingsFor information, call (415) 554-5184. Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188. 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