Board of Supervisors Minutes: October 21, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, October 21, 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 2:05 p.m. On the call of the roll Supervisors Alioto-Pier and McGoldrick were noted absent. There was a quorum present. Supervisors McGoldrick and Alioto-Pier were noted present at 2:06 p.m. APPROVAL OF MEETING MINUTES Supervisor Elsbernd, seconded by Supervisor Chu, moved to approve the Board Meeting Minutes of September 9, 2008 and September 16, 2008. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval CONSENT AGENDA Recommendations of the 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, Mirkarimi 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.) Enacted Number: 230-08 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 080621 [Amending Health Code Article 8 - Food Preparation and Service Establishment] Mayor Ordinance amending San Francisco Health Code Sections 451, 452, 456.4, 456.5, deleting Health Code Section 455, and amending San Francisco Business and Tax Regulations Code Section 249.1 to include definition for licensed health care facilities, clarify the definition for hospital kitchen, update definitions to be consistent with the California Retail Food Code; add a fee for licensed health care facilities; and add lien procedures for enforcing monetary penalties. Enacted Number: 233-08 FINALLY PASSED 081121 [Accept-Expend state grant and amend Annual Salary Ordinance, FY 2008-09 - $400,000] Supervisors Elsbernd, Dufty, Chu Ordinance authorizing the Mayor's Office of Criminal Justice to retroactively accept and expend a grant in the amount of $400,000 from the California Governor's Office of Emergency Services (OES) for gang violence reduction activities, and amending the Annual Salary Ordinance (ASO) to provide for the creation of certain grant funded positions. Enacted Number: 234-08 FINALLY PASSED 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. Enacted Number: 444-08 ADOPTED 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. Enacted Number: 452-08 ADOPTED Recommendations of the Government Audit and Oversight Committee 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, Mirkarimi 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.) Enacted Number: 231-08 FINALLY PASSED 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. Enacted Number: 235-08 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 071431 [Planning Code - Restoration of Movie Theater Projecting Signs and Marquees] Supervisor Mirkarimi Ordinance amending the San Francisco Planning Code by amending Sections 188, 603, and 604 and by adding Sections 602.25 and 602.26 in order to allow for the preservation, rehabilitation, restoration or reconstruction of noncomplying Historic Movie Theater Projecting Signs and Marquees, as defined; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Enacted Number: 242-08 FINALLY PASSED 080720 [Landmark Designation of 1969 California Street (Tobin House)] Supervisors Peskin, Sandoval Ordinance designating 1969 California Street, the Tobin House, (Assessor's Block Number 0649, Lot Number 016), as a Landmark under Planning Code Article 10; and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Department) Enacted Number: 236-08 FINALLY PASSED 080845 [Changing the official sidewalk width - Golden Gate Avenue] Supervisor McGoldrick Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1580 to change the official sidewalk width on the southerly side of Golden Gate Avenue between Larkin and Hyde Streets; 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) Supervisor McGoldrick requested to be added as sponsor. Enacted Number: 237-08 FINALLY PASSED 080567 [Zoning - Ordinance creating a Conditional Use requirement for establishments that sell Tobacco Paraphernalia] Supervisor Sandoval Ordinance amending the Planning Code to add a new Section 227(v), to define Tobacco Paraphernalia Establishments, and to impose a conditional use requirement on the establishment of such new enterprises in all Commercial and Industrial districts; amending Section 303 of the Planning Code to refer to this requirement, and to require consideration of additional criteria when analyzing a Conditional Use application; adding a new Section 790.123, to define Tobacco Paraphernalia Establishments in the Neighborhood Commercial districts; amending sections 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, and 732.1, to refer to this definition and conditional use requirement; adding a new Section 890.89 to define Tobacco Paraphernalia Establishments in the Mixed Use districts; amending sections 803.1, 810.1, 811.1, 812.1, 814, 815, 816, 817, 818, and 827 to refer to this definition and Conditional Use requirement; and making findings, including findings of consistency with the Priority Policies of Planning Code Section 101.1 and environmental findings. Enacted Number: 244-08 FINALLY PASSED Recommendations of the Rules Committee 080162 [Disclosure of lobbying by campaign consultants] Supervisors Peskin, Daly Ordinance amending Chapter 1 of Article II of the Campaign and Governmental Conduct Code by amending Section 2.117 to require campaign consultants to disclose lobbying contacts with any officer of the City and County. Enacted Number: 239-08 FINALLY PASSED 080616 [Appointment of Independent Hearing Officer for Local Enforcement Agency] Supervisor Dufty Ordinance amending the San Francisco Health Code by adding Sections 315, 318, 321, 323, 324, 327, 330, 333, 335, 337, 339, and 341 to authorize the appointment of an Independent Hearing Officer from the San Francisco Rent Board to conduct Local Enforcement Agency Hearings brought pursuant to the State Public Resources Code; establish procedures and qualifications for the appointment, and establish hearing procedures, cost recovery, and bases for hearing officer disqualification. Enacted Number: 240-08 FINALLY PASSED 081008 [Residential mental health treatment for youth in foster care] Supervisors Maxwell, Dufty Ordinance amending the San Francisco Administrative Code by adding Sections 5.400 and 5.405 creating the San Francisco Task Force on Residential Treatment for Youth in Foster Care and providing for its expiration absent reauthorization by the Board of Supervisors. Enacted Number: 241-08 FINALLY PASSED 081061 [Amending individual expenditure ceilings for partial public financing program] Supervisor Daly Ordinance amending the Campaign and Governmental Conduct Code by amending Section 1.134.5 to modify the calculation governing when a publicly financed candidate may access additional public funds. Enacted Number: 243-08 FINALLY PASSED 081149 [Appointment, Commission on the Aging Advisory Council - Catherine Rose Russo] Motion appointing Catherine Rose Russo, term ending March 31, 2010, to the Commission on the Aging Advisory Council. Catherine Rose Russo, succeeding herself, term expired, seat 6, must be nominee of District 7 Supervisor, for two-year term ending March 31, 2010. Enacted Number: M08-159 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 081299 [Adopting findings related to affirming the categorical exemption issued for 800-808 Lyon Street/1980-1988 Golden Gate Avenue] Motion adopting findings related to affirming the determination by the Planning Department that the 800-808 Lyon Street/1980-1988 Golden Gate Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. Enacted Number: M08-157 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendation of the Budget and Finance Committee 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.) Enacted Number: 229-08 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Alioto-Pier Recommendations 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. Enacted Number: 232-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080696 [Zoning - New Controls for the North Beach Neighborhood Commercial District, to Limit the Establishment of New Bars and Restaurants and Preserve Basic Neighborhood Services] Supervisor Peskin Ordinance amending the San Francisco Planning Code by adding new Section 780.3, to create the North Beach Special Use District; amending Section 781.6, to include Limited Financial Services and Business or Professional Services in the North Beach Financial Subdistrict; amending Section 722.1 and the Zoning Control Table in Section 722 to reflect the new controls for the North Beach Neighborhood Commercial District, including limiting the establishment of new bars and restaurants in the North Beach Neighborhood Commercial District in locations occupied by basic neighborhood sales or services, allowing restaurants to obtain liquor licenses if they operate as bona-fide eating places, and prohibiting the establishment of new automated bank teller machines; adding new Section 790.93, to create the new zoning category of Specialty Food, Self-Service; adding new Section 790.142, to create a new definition of Bona Fide Eating Place; amending Section 790.102 to allow general grocery stores to occupy less that 5,000 gross square feet, to modify the definition of specialty grocery stores, and to clarify that off-sale beer, wine and liquor sales are allowed within accessory limits in general and specialty grocery stores; amending Sections 790.34, 790.55, 790.90, 790.91, 780.1, 312, 303, 218.2, 703.2, 803.2, 803.3, 121.2, and 186.1, to reflect the changes created by the new Sections 790.93, 790.102, and 790.142, and to make conforming amendments; amending Sections 703.3, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, to refer to new Section 790.93; amending the Special Use District Map SU1 of the Zoning Map of the City and County of San Francisco, to refer to the new North Beach Special Use District and to reflect the amendments and new boundaries of the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Enacted Number: 245-08 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Alioto-Pier 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. Supervisors Dufty and Mirkarimi were previously excused from voting on this matter. Enacted Number: 238-08 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Peskin, Sandoval Excused: 2 - Dufty, Mirkarimi From the Land Use Committee Without Recommendation 080652 [Rental Subsidy Program for Low-Income Families] Supervisors Daly, Ammiano, Sandoval Ordinance adding Sections 48.1 through 48.7 to the San Francisco Administrative Code creating the Rental Subsidy Program for Low-Income Families that establishes a need-based local housing subsidy for homeless families subject to the fiscal and budgetary provisions of the Charter. Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NOT PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 5 - Ammiano, Daly, Mirkarimi, Peskin, Sandoval Noes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, McGoldrick NEW BUSINESS Recommendations of the Budget and Finance 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] Supervisor McGoldrick 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 proceeds of indebtedness, 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.) Supervisor McGoldrick requested to be added as sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081085 [Public Employment - Office of the Public Defender] Supervisor McGoldrick Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance FY 2008-2009) to reflect the addition of two positions (2.0 FTE) Class 8177 Attorneys (Civil/Criminal) in the Office of the Public Defender (PDR). (Supervisor Elsbernd dissented in committee.) (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Sandoval Noes: 4 - Alioto-Pier, Chu, Elsbernd, Peskin 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. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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 $24 million and to extend the contract term to June 30, 2010. (Sheriff) (Fiscal Impact.) Enacted Number: 432-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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.) Enacted Number: 437-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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.) Enacted Number: 453-08 ADOPTED by the following vote: Ayes: 8 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, Mirkarimi, Peskin, Sandoval Noes: 3 - Ammiano, Maxwell, McGoldrick Supervisor McGoldrick, seconded by Supervisor Mirkarimi, moved to rescind the previous vote and re-refer this matter to Committee. Motion to rescind the previous vote and re-refer the matter to Committee failed by the following vote: Ayes: 4 - Ammiano, Maxwell, McGoldrick, Mirkarimi, Noes: 7 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, Peskin, Sandoval 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 $53,475,441. (Municipal Transportation Agency) (Fiscal Impact.) Enacted Number: 438-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Enacted Number: 445-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Enacted Number: 436-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Enacted Number: 443-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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 retroactively 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.) Enacted Number: 442-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Supervisor Chu requested to be added as a co-sponsor. Enacted Number: 451-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Supervisor Chu requested to be added as a co-sponsor. Enacted Number: 435-08 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 081086 [Public Works Code - annual right-of-way occupancy assessment fee for driveways] Supervisor McGoldrick Ordinance amending the Public Works Code by amending Section 716 to establish an annual public right-of-way occupancy assessment fee for the portion of an automobile runway (driveway) that requires modification to the public right-of-way; and making environmental findings. Supervisor McGoldrick, 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 Continued as amended to November 18, 2008. CONTINUED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Government Audit and Oversight Committee 080954 [Planning Code - Amending Article 11 Designation of 690 Market Street] Supervisor Peskin Ordinance amending the designation of 690 Market Street from "Unrated-Category V" to "Significant-Category II" under Planning Code Article 11; and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. Continued to October 28, 2008 Supervisor Maxwell, seconded by Supervisor Mirkarimi, 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 081216 [Reward for Information about underpayment of property tax] Supervisor McGoldrick Ordinance approving Assessor's recommended reward for information that led to detection of underpayment of property tax from unreported change of ownership. Supervisor McGoldrick requested to be added as sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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.) File 081228 was duplicated. File 081321 was referred to the Public Safety Committee. File 081228 was continued to November 4, 2008. Supervisor Ammiano, 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 081321 [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.) REFERRED to the Public Safety Committee. Recommendations of the Land Use and Economic Development Committee 080883 [Zoning Map - Creating the New Mission-Harrington Special Use District] Supervisor Sandoval Ordinance amending the San Francisco Planning Code by adding new Section 780.3, creating the Mission-Harrington Special Use District, located at 4550 Mission Street at the intersection with Harrington Street; amending the Table at Section 712, to refer to this new Special Use District; amending the Zoning Maps Special Use District Map SU11, Zoning Map ZN11 and Height and Bulk Map HT11 of the Zoning Map of the City and County of San Francisco, to refer to this new Special Use District; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081052 [Street Encroachment, Various Locations] Supervisor Peskin Resolution granting revocable permission to Fisherman's Wharf Community Benefit District to occupy a portion of the public right-of-way to install and maintain a way-finding sign (a total of 10 signs) at the following locations: a) on the north side of Beach Street between Powell and Mason Streets, b) on the north side of Beach Street between Mason and Taylor Streets, c) on the north side of Beach Street between Jones and Leavenworth Streets, d) on the north side of Beach Street between Leavenworth and Hyde Streets, e) on the north side of Beach Street at Larkin Street, f) on the west side of Taylor Street between Jefferson and Beach Streets, g) on the west side of Taylor Street between Beach and North Point Streets, h) on the west side of Taylor Street between North Point and Bay Streets, i) on the east side of Leavenworth Street between Jefferson and Beach Streets, and j) on the east side of Hyde Street between Beach and North Point Streets conditioned upon the payment of an annual assessment fee, and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Public Works Department) Enacted Number: 434-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Land Use Committee Without Recommendation 080436 [Authorizing the passthrough from landlord to residential tenant of fifty percent of water and sewer services cost increases imposed through adoption of water and sewer rates after July 1, 2002, to provide incentives for the conservation of water] Supervisors Alioto-Pier, Chu, Elsbernd Ordinance amending the San Francisco Administrative Code to encourage water conservation by authorizing landlords to pass through to tenants fifty percent of increased water and sewer bill charges resulting from the adoption of water and sewer rates after July 1, 2002, where specified water conservation devices have been installed in all rental units and common areas of a building and no plumbing leaks exist in the building; and providing for passthrough administration, noticing and enforcement procedures. Continued to October 28, 2008 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Ordinance be CONTINUED. The motion carried by the following vote: Ayes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, McGoldrick Noes: 5 - Ammiano, Daly, Mirkarimi, Peskin, Sandoval Recommendation of the Rules Committee Supervisor Chu Excused from Voting Supervisor McGoldrick, seconded by Supervisor Mirkarimi, moved to excuse Supervisor Chu, at her request, because of possible conflict of interest, from voting. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080884 [Appointment, San Francisco Children and Families First Commission - Supervisor Carmen Chu] Supervisor Peskin Resolution appointing Supervisor Carmen Chu, term indefinite, to the San Francisco Children and Families First Commission. Enacted Number: 433-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Chu Board of Supervisors Sitting as a Committee of the Whole 081301 [Committee of the Whole - Hearing on the impacts of the economic crisis on San Francisco and the development of a blueprint for economic recovery] Supervisors Peskin, Elsbernd, Maxwell, Chu, Mirkarimi, Daly, Dufty, Sandoval, Alioto-Pier, Ammiano Hearing to consider the City's resources and plan to address the economic crisis, to be held on October 21, 2008. Ben Rosenfield, Controller, Ted Egan, Economic Analyst, Nadia Sesay, Director, Public Finance, Ben Kutnick, Airport representative, Clare Murphy, Executive Director, Employees' Retirement System, Michael Cohen, Director, Office of Economic and Workforce Development and Joe Delassandro, Convention and Visitor's Bureau reviewed with the Board impacts of the economic crisis in San Francisco. Speakers Robert Haaland expressed concern with the economic crisis Female speaker expressed concern with the economic crisis Linda Mjellen, Union Square Association; expressed concern with the economic crisis and the need for increase tourism Steve Faulk, Chamber of Commerce; expressed concern with the economic crisis and the need for increased tourism Jim Lazarus, Chamber of Commerce; expressed concern with the economic crisis and the need for increased tourism JT, Fine Arts Museum; expressed concern with the economic crisis and the need for increased tourism Andrew Wood, SF Arts Festival; expressed concern with the economic crisis the need for increased tourism Michael Fong, SF General Hospital Institutional Police Officer; expressed concern with budget cuts Mr. Kashmeri, SF General Hospital worker; expressed concern with budget cuts John Jenkel; expressed concern with the economic crisis and budget cuts due to the war in Iraq Diane Acevedo; shared information relating to housing possibilities The President declared the public hearing closed. Heard at public hearing. FILED. SPECIAL ORDER 3:00 P.M. 081291 [Hearing - Ground Lease of Redevelopment Agency Land to Mercy Housing California, XLI - 227-255 Seventh Street] Supervisor Daly Hearing of persons interested in or objecting to proposed resolution authorizing a ground lease with the Redevelopment Agency of the City and County of San to lease a portion of the Site located at 227-255 Seventh Street for the development commonly known as Westbrook Plaza Housing (the "Project"), with Mercy Housing California XLI, a California Limited Partnership, for 60 years for the purpose of developing and operation of housing for low income families, South of Market Redevelopment Project Area. The President inquired as to whether any member of the public wished to address the Board members. Olson Lee, Executive Director of the Redevelopment Agency, reviewed with the Board its recommendations. The President declared the public hearing closed. Heard at public hearing. FILED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval 081292 [Ground Lease of Redevelopment Agency Land to Mercy Housing California, XLI - 227-255 Seventh Street] Supervisor Daly Resolution authorizing a ground lease with the Redevelopment Agency of the City and County of San Francisco to lease a portion of the Site located at 227-255 Seventh Street for the development commonly known as Westbrook Plaza Housing (the "Project"), with Mercy Housing California XLI, a California Limited Partnership, for 60 years for the purpose of developing and operation of housing for low income families, South of Market Redevelopment Project Area. Enacted Number: 446-08 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval 081293 [Hearing - Ground Lease of Redevelopment Agency Land to San Francisco Medical Center Outpatient Improvement Programs, Inc. - 227-255 Seventh Street] Supervisor Daly Hearing of persons interested in or objecting to proposed resolution authorizing a Ground Lease with the San Francisco Redevelopment Agency of the City and County of San Francisco to lease a portion of the site located at 227-255 Seventh Street, Assessor's Block 3731, Lots 126 and 154 for the development and operation of a health clinic, with San Francisco Medical Center Outpatient Improvement Programs, Inc., a California nonprofit public benefit corporation, d/b/a South of Market Health Center; South of Market Redevelopment Project Area. The President inquired as to whether any member of the public wished to address the Board members. Olson Lee, Executive Director of the Redevelopment Agency, reviewed with the Board its recommendations. The President declared the public hearing closed. Heard at public hearing. FILED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval 081294 [Ground Lease of Redevelopment Agency Land to San Francisco Medical Center Outpatient Improvement Programs, Inc. - 227-255 Seventh Street] Supervisor Daly Resolution authorizing a Ground Lease with the San Francisco Redevelopment Agency of the City and County of San Francisco to lease a portion of the site located at 227-255 Seventh Street, Assessor's Block 3731, Lots 126 and 154 for the development and operation of a health clinic, with San Francisco Medical Center Outpatient Improvement Programs, Inc., a California nonprofit public benefit corporation, d/b/a South of Market Health Center; South of Market Redevelopment Project Area. Enacted Number: 449-08 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval 081295 [Hearing - Ground Lease of Redevelopment Agency Land for Armstrong Place Senior Housing] Supervisor Maxwell Hearing of persons interested in or objecting to proposed resolution approving the Redevelopment Agency of the City and County of San Francisco's Ground Lease (the "Ground Lease") for Block 5421, Lot 13 commonly known as Armstrong Place Senior Housing (the "Project"), to Armstrong Place Associates, a California Limited Partnership, for 75 years for the purpose developing housing for very low income senior households. The President inquired as to whether any member of the public wished to address the Board members. Olson Lee, Executive Director of the Redevelopment Agency, reviewed with the Board its recommendations. The President declared the public hearing closed. Heard at public hearing. FILED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval 081296 [Ground Lease of Redevelopment Agency Land for Armstrong Place Senior Housing] Supervisor Maxwell Resolution approving the Redevelopment Agency of the City and County of San Francisco's Ground Lease (the "Ground Lease") for Block 5421, Lot 13 commonly known as Armstrong Place Senior Housing (the "Project"), to Armstrong Place Associates, a California Limited Partnership, for 75 years for the purpose of developing housing for very low income senior households. Enacted Number: 448-08 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval 081297 [Hearing - Ground Lease of Redevelopment Agency Land for Octavia Court Rental Housing - 301 Oak Street/261 Octavia Boulevard] Supervisor Mirkarimi Hearing of persons interested in or objecting to proposed resolution approving the Redevelopment Agency of the City and County of San Francisco's lease of land at Assessor's Block 839, Lot 29, commonly known as 301 Oak Street/261 Octavia Boulevard, southwest corner of Oak Street and Octavia Boulevard, San Francisco, California (the "Site") in San Francisco's Central Freeway corridor, to OCTAVIA COURT, INC., a California nonprofit public benefit corporation, for 75 years for the purpose of developing housing for very low-income developmentally disabled adult households. The President inquired as to whether any member of the public wished to address the Board members. Olson Lee, Executive Director of the Redevelopment Agency, reviewed with the Board its recommendations. The President declared the public hearing closed. Heard at public hearing. FILED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval 081298 [Ground Lease of Redevelopment Agency Land for Octavia Court Rental Housing - 301 Oak Street/261 Octavia Boulevard] Supervisor Mirkarimi Resolution approving the Redevelopment Agency of the City and County of San Francisco's lease of land at Assessor's Block 839, Lot 29, commonly known as 301 Oak Street/261 Octavia Boulevard, southwest corner of Oak Street and Octavia Boulevard, San Francisco, California (the "Site") in San Francisco's Central Freeway corridor, to OCTAVIA COURT, INC., a California nonprofit public benefit corporation, for 75 years for the purpose of developing housing for very low-income developmentally disabled adult households. Enacted Number: 447-08 ADOPTED by the following vote: Ayes: 9 - Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Alioto-Pier, Sandoval SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Chu, seconded by Supervisor Elsbernd, 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 Chu introduced, welcomed and presented a Certificate of Honor to Shannon Rowbury in recognition of the medal she won at the Summer Olympics. 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. Abdullah Megahed; expressed concern with issues relating to the Iraq War James Chaffee; expressed concern with issues relating to the SF Public Library Walter Paulson; expressed in song various issues in the City and County of San Francisco Richard McRee; expressed concern with issues relating to his patent for Sigmund Stern Grove John Di Donna; expressed concern with issues relating to the Republican party Peter Warfield; expressed concern with issues relating to a potential SF Public Library bond Mark Trout; expressed concern with issues relating to Proposition 8 Female speaker; expressed concern with issues relating to a flyer from the Real Estate Board relating to Supervisorial candidates Robert Haaland; expressed concern with issues relating to mid-year budget cuts FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. 081300 [Committee of the Whole - October 21, 2008 regarding the impacts of the economic crisis on San Francisco and the development of a blueprint for economic recovery] Supervisors Peskin, Elsbernd, Maxwell, Chu, Mirkarimi, Daly, Dufty, Sandoval, Alioto-Pier, Ammiano Motion scheduling the Board to sit as a Committee of the Whole to review the City's resources and plan to address the economic crisis, to be held on October 21, 2008. Enacted Number: M08-158 APPROVED 081302 [International Credit Union Day - October 16, 2008] Supervisor Peskin Resolution declaring October 16, 2008 International Credit Union Day in San Francisco. Enacted Number: 440-08 ADOPTED 081303 [Grant funds to support worker health and safety - $32,249] Supervisor Chu Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $32,249 from the Chinese Progressive Association for a project entitled "Worker Health and Safety in Chinatown Restaurants," for the period of August 1, 2008 through July 31, 2010. Enacted Number: 441-08 ADOPTED 081304 [State grant to support the High Risk (Pest Exclusion) program - $44,195] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH), to retroactively accept and expend funds from the California Department of Food and Agriculture (CDFA) in the amount of $44,195 in support of the High Risk (Pest Exclusion) Program, for the period of July 1, 2008 through June 30, 2009. Enacted Number: 439-08 ADOPTED 081305 [Landmark designation nomination for the California Buckeye tree located behind 757 Pennsylvania Street] Supervisor Maxwell Resolution of intent initiating the nomination of the California Buckeye tree (Aesculus Californica) located behind 757 Pennsylvania Street, (Assessor's Bock 416B, Lot 11) for landmark tree status pursuant to Public Works Code Section 810(b), acknowledging temporary designation pursuant to Public Works Section 810(d), and authorizing other official acts in furtherance of the Resolution. Enacted Number: 431-08 ADOPTED 081306 [Commending Jazzie Collins] Supervisor Daly Resolution recognizing Jazzie Collins for her dedication and leadership in improving conditions for SoMa residents and those of San Francisco's diverse communities. Enacted Number: 450-08 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 081328 [Recreation and Park Department - Marina Small Craft Harbor Fees] Supervisor Alioto-Pier Ordinance making environmental findings and amending San Francisco Park Code, Article 12, Section 12.11 to increase the West Harbor berth rental fees in fiscal year 2012-2013, or upon completion of the West Harbor renovations. 10/21/08, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/20/2008. 11/04/08 - Referred to Planning for determination of environmental impact. 11/4/08 - Referred to the Small Business Commission and the Recreation and Park Dept. for review and comment. Fee ad placed in the SF Chronicle for the November 19, 2008 Budget and Finance meeting. 11/12/08 - Response recieved from Planning, exempt fro CEQA. 11/13/08 - The 30-day rule was waived. 081332 [Zoning - Mission District Housing and PDR Replacement Program] Supervisor Maxwell Ordinance amending the Planning Code to add Section 319.5 to adopt specified affordable housing requirements in the UMU zone within the Mission Plan Area, in RTO-Mission, and in the Valencia Street, 24th and Mission Streets, and the Mission Street NCTs, including in-lieu affordable housing fees; adding Section 231.1 to establish a PDR replacement program, including an in-lieu PDR Replacement fee, in these same zones; and adopting environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b). (Economic Impact.) 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 10/31/08 - Submitted fee ad for publication on 11/3 and 11/10/08. 081333 [Zoning - SoMa Youth and Family Zone Special Use Districts] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by adding Section 249.41 and amending various sheets of the Zoning Map of the City and County of San Francisco to establish the South of Market (SoMa) Youth and Family Zone Special Use District, bounded generally by Natoma Street on the north, Harrison Street on the south, 4th Street on the east, and 7th Street on the west, to address youth and family concerns and expand affordable housing opportunities, including establishment of in-lieu affordable housing fees; and adopting environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b). (Economic Impact.) 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 10/31/08 - Submitted fee ad for publication on 11/3 and 11/10/08. 081334 [Zoning - Potrero Center Mixed-Use Special Use District] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by adding Section 249.40 and amending Sheet SU08 of the Zoning Map of the City and County of San Francisco to establish the Potrero Center Mixed-Use Special Use District for the existing shopping center at 2300 16th Street between Bryant Street and Potrero Avenue (Assessor's Block 3930A Lot 002); and adopting environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b). 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 10/31/08 - Submitted fee ad for publication on 11/3 and 11/10/08. 081335 [Summary Vacation of Public Utility Easements at the intersection of Crescent Way and Executive Park Boulevard] Supervisor Maxwell Ordinance ordering the summary vacation of unused and unnecessary public utility easements located at the intersection of Cresent Way and Executive Park Boulevard in San Francisco (within Assessor's Block 4991); making findings pursuant to the California Streets and Highways Code Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; authorizing the conveyance of the vacated public utility easements to Top Vision Development, LLC; and authorizing other actions in furtherance of this Ordinance. 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081337 [Pre-Tax Bicycle Commuting Benefits] Supervisor Mirkarimi Ordinance amending the San Francisco Environment Code by amending Section 421 to add the option of qualified bicycle commuting reimbursements to the tax free commuter benefits San Francisco employers are required to offer under existing law; and making environmental findings. 10/21/08, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/20/2008. 11/5/08 - Referred to Planning for determination of environmental impact. 081339 [Zoning - Publicly-owned properties in the Eastern Neighborhoods] Supervisor Peskin Ordinance amending the Zoning Map of the City and County of San Francisco to rezone various publicly-owned properties in the Eastern Neighborhoods Plan Area to a "P" (Public) zoning district; and adopting environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b). 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081340 [Amending Administrative, Police, Public Works, Business & Tax and Transportation Codes, to conform to the 11/06/2007 Proposition on Transit Reform, Parking Enforcement and Emissions Reduction] Supervisor Peskin Ordinance amending San Francisco Administrative Code Sections 2A.81, 5.20, 5.130-5.132, Chapter 17, and repealing Administrative Code Sections 2A.180 and 10.150-10.151; amending San Francisco Police Code Sections 386, 835-839, 939, 1054, 1076, 1175-1180, 3057, 3910, adding Police Code Sections 835.1-835.2, 939.1-939.6, 975.1-975.5, and repealing Police Code Sections 710.2, 1166, 1170-1171, and Article 16, Division IX; amending San Francisco Public Works Code Sections 2.4.3 and 724.4, and repealing Section 701; repealing San Francisco Business & Tax Code Sections 1.11-1.14 and 129.2-129.5; repealing and re-enacting San Francisco Transportation Code Division 1, to conform those sections to the 11/06/2007 Proposition on Transit Reform, Parking Regulation, and Emissions Reduction. 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081342 [Planning Code-Amending Articles 10 and 11, Contingent on Voter Approval of Proposed Charter Amendment Creating an Historic Preservation Commission] Mayor Ordinance amending Articles 10 and 11 and adding a new Section 309.3 of the Planning Code, contingent on voter approval in the November 4, 2008 general election of the proposed Charter amendment Creating an Historic Preservation Commission, to provide additional criteria for Planning Commission review of Historic Preservation Commission decisions, to provide for Section 309 review of certain projects requiring Certificates of Appropriateness under Article 10 of the Planning Code, and to create a rebuttable presumption of compatibility for certain projects requiring Certificates of Appropriateness under Article 10 of the Planning Code; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081343 [Appropriating $34,755,000 of bond sale proceeds and Library Preservation Fund balance for improvements and construction of San Francisco Public Library Facilities in Fiscal Year 2008-2009] Mayor Ordinance appropriating $34,755,000 of bond sale proceeds, unappropriated fund balance and unappropriated general reserve for improvements and construction of San Francisco Public Library Facilities in Fiscal Year 2008-2009. Place on Controller's Reserve $33,955,000 of the bond sale proceeds pending sale of the bond. (Fiscal Impact.) 10/21/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081344 [Appropriating $13,222,746 of State Proposition 1B Revenue for Street Resurfacing Projects in the Department of Public Works for Fiscal Year 2008-2009] Mayor, Supervisor Elsbernd Ordinance appropriating $13,222,746 of FY 2008-09 State Proposition 1B Local Streets and Roads Improvement funds for road maintenance and resurfacing projects in the Department of Public Works for Fiscal Year 2008-2009. The department will use the funds to implement road maintenance and resurfacing projects at various locations. (Fiscal Impact.) 10/21/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081345 [Lease Financing for Library Projects] Mayor Ordinance approving the issuance and sale of lease revenue bonds to finance various projects under the Branch Library Improvement Program, as further described herein; approving the form of a Facilities Lease by and between the City and County of San Francisco Finance Corporation (the "Corporation") and the City and County of San Francisco (the "City") relating to certain real property described herein; approving the form of a Master Lease by and between the Corporation and the City; approving the form of a Master Trust Agreement by and between the Corporation and a trustee (including certain indemnities contained therein); authorizing the selection of a trustee; approving the form of an Assignment Agreement by and between the Corporation and a trustee; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the lease revenue bonds; directing the publication of the Notice of Intention to Sell the lease revenue bonds; approving the form of a Purchase Contract and authorizing the appointment of one or more underwriters for the lease revenue bonds; approving the form of an Official Statement in preliminary and final form and directing the Controller to return to the Board at a later date with a revised official statement; approving the form of a Continuing Disclosure Certificate; authorizing the payment of cost of issuance; authorizing the reimbursement of certain expenditures; granting general authority to City officials to take certain actions in connection with the lease revenue bonds; approving modifications to documents; adopting findings under the California Environmental Quality Act ("CEQA") and findings pursuant to City Planning Code Section 101.1 and City Administrative Code Section 2A.53; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) 10/21/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 080379 [Regulating the conditions for purchasing prior public service credit through the Retirement System] Supervisor Elsbernd Ordinance amending Administrative Code Sections 16.55-1 through 16.55-4 and 16.61-5 to allow miscellaneous members of the San Francisco Employees' Retirement System to purchase credit for prior public service at any time before retirement, to require the Retirement System to calculate the cost to purchase that service credit based on the normal cost percentage for that service as determined by the actuary, to require the member to pay for all of the normal cost for the service credit, to allow eligible members to choose to receive prorated service credit if they terminate an installment agreement to purchase prior public service, to allow the Retirement System to accept rollovers to pay for public service purchases, and to conform to changes in the applicable law and Retirement System practices. 3/18/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 3/24/08 - Sent referral letter to the Retirement System. 8/22/08, FILED PURSUANT TO RULE 5.37. 10/7/08, ASSIGNED to Government Audit and Oversight Committee. 10/7/08, REACTIVATED PURSUANT TO RULE 5.23. Supervisor Elsbernd requested this matter be reactivated. 10/14/08 - Transmitted to the Employees' Retirement System for review. 10/20/08 - Response received from Employees' Retirement System. 10/21/08, ASSIGNED to Government Audit and Oversight Committee. 10/21/08, SUBSTITUTED. Supervisor Elsbernd submitted a substitute ordinance bearing new title. Resolutions 081326 [Airport grant - Accept-Expend State grant - $139,462.72] Supervisor Alioto-Pier Resolution authorizing the Airport Commission to retroactively accept and expend funding totaling $139,462.72 from the State of California 9-1-1 Emergency Communications Office for the San Francisco International Airport (SFO) Communications 9-1-1 Phone Upgrade project. 10/21/08, RECEIVED AND ASSIGNED to Public Safety Committee. 081327 [Preserving the Francisco Reservoir as public recreation and open space] Supervisor Alioto-Pier Resolution declaring the policy of the Board of Supervisors to maintain the Francisco Reservoir as open space and urging the San Francisco Public Utilities Commission, in light of the General Plan designating the property as such, to preserve the property for public recreation and open space. 10/21/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081329 [Recreation and Park Department - Marina Small Craft Harbor Loan] Supervisor Alioto-Pier Resolution accepting a loan (the "Loan") from the State of California acting through its Department of Boating and Waterways (the "State") and approving the form of a loan agreement by and between the City and County of San Francisco (the "City") and the State (the "Loan Agreement"); granting general authority to City officials to take certain actions in connection with the Loan and the Loan Agreement; 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; finding 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; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) 10/21/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081330 [Adopting the United Nations Convention on the Rights of the Child] Supervisor Alioto-Pier Resolution urging the Board of Supervisors to adopt the United Nations Convention on the Rights of the Child and supporting its inalienable freedoms for children and youth in San Francisco. 10/21/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081336 [Accept and Expend grant funds to support a juvenile mental health program - $200,000] Supervisor Maxwell Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $200,000 from the United States Department of Justice, for a project entitled "AIIM Higher," for the period of September 1, 2008 through August 31, 2010. 10/21/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081338 [Declaration of Intention to form the Tourism Improvement District] Mayor, Supervisors Peskin, Maxwell Resolution (1) declaring the intention of the Board of Supervisors to establish a business-based business improvement district to be known as the "Tourism Improvement District" and levy a multi-year assessment on identified hotel businesses in the district, (2) approving the management district plan for the district, (3) ordering and setting a time and place for a public meeting and a public hearing thereon, (4) approving the form of the Notice of Public Meeting and Public Hearing and Assessment Ballots, and (5) directing the Clerk of the Board of Supervisors to give notice of the public meeting and public hearing as required by law. 10/21/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 10/30/08 - Notice of public hearing for December 16, 2008 was sent to be published on November 1 and 8, 2008. 081341 [Accept-Expend State Grant for Jefferson Street Redesign/Bay Trail Feasibility Study - $30,000] Supervisor Peskin Resolution authorizing the Planning Department to retroactively accept and expend up to $30,000 from the Association of Bay Area Government for Jefferson Street Redesign/Bay Trail Feasibility Study for FY2008-2009. 10/21/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081347 [Commending Doctors Without Borders for "A Refugee Camp in the Heart of the City"] Supervisor Mirkarimi Resolution commending Doctors Without Borders/M