Board of Supervisors Minutes: November 18, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, November 18, 2008 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors AARON PESKIN, PRESIDENT MICHELA ALIOTO-PIER, TOM AMMIANO, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, SOPHIE MAXWELL, JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL Members Present: Michela Alioto-Pier, Tom Ammiano, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval. Members Excused: None. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:03 p.m. On the call of the roll Supervisor Ammiano was noted absent. There was a quorum present. Supervisor Ammiano was noted present at 2:05 p.m. APPROVAL OF MEETING MINUTES Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes of October 7, 2008 and October 21, 2008. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Ammiano CONSENT AGENDA Recommendations of the Government Audit and Oversight Committee 081231 [Local Business Enterprise and Non-Discrimination in Contracting Ordinance] Supervisor Maxwell Ordinance amending the San Francisco Administrative Code by amending Section 14B.8 to direct the Human Rights Commission to assign numeric point values to the good faith outreach steps that bidders must undertake for all public work/construction, architect/engineering, professional service and general service contracts that exceed the minimum competitive amount or threshold amount. Enacted Number: 265-08 FINALLY PASSED 081289 [Public Employment - Port of San Francisco (PRT)] Mayor Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance FY 2008-2009) to reflect the addition of one position (0.50 FTE) Class 5502, Project Manager 1 at the Port of San Francisco (PRT). Enacted Number: 267-08 FINALLY PASSED 080942 [Approval of contract pursuant to settlement; Waiver of competitive bidding - $56,500,000] Ordinance waiving competitive bid requirements and approving the award of an Operations and Maintenance Contract ("O&M") with Bombardier Transportation (Holdings) USA, Inc. (Bombardier) to operate and maintain the San Francisco International Airport's AirTrain system for five years in the amount of $56,500,000. (Airport Commission) (Fiscal Impact.) Enacted Number: 266-08 FINALLY PASSED 080941 [Settlement of Lawsuit - CCSF, et al., v. Factory Mutual Insurance Company, et al. - $2,750,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Factory Mutual Insurance Company and Bombardier Transportation, Inc. for $2,750,000 and other consideration; the lawsuit was filed on December 15, 2004, in The United States District Court, Northern District of California, Case No. C 04-5307 FMS; entitled City and County of San Francisco, et al., v. Factory Mutual Insurance Company, et al. (Airport Commission) Enacted Number: 263-08 FINALLY PASSED 081377 [Suspending Sections 468.3 through 468.8 of the Menu Labeling Ordinance] Supervisor Ammiano Ordinance amending the San Francisco Health Code by adding Section 468.9, to suspend Sections 468.3 through 468.8 of the Menu Labeling Ordinance. Enacted Number: 260-08 FINALLY PASSED Recommendation of the Land Use and Economic Development Committee 081234 [Zoning - Prohibiting Formula Retail Uses in the Chinatown Visitor Retail District and establishing a conditional use permit requirement for formula retail uses] Supervisor Peskin Ordinance amending the Planning Code by amending Section 803.6 to prohibit formula retail uses in the Chinatown Visitor Retail District, and to create a conditional use requirement for formula retail uses in the Chinatown Community Business District and the Chinatown Residential Neighborhood Commercial District; amending Section 803.2 to refer to this prohibition and conditional use requirement, and adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. (9/19/08 - Economic Impact.) Enacted Number: 269-08 FINALLY PASSED Recommendations of the Rules Committee 081068 [Settlement of City's Lawsuit Against Defendant EnCana Corp - $265,695.80] Ordinance authorizing partial settlement of the lawsuit entitled City and County of San Francisco v. Sempra Energy, et al. (JCCP No. 4221-00023), filed by the City and County of San Francisco on June 8, 2004, and coordinated as Natural Gas Anti-Trust Cases I, II, III & IV in the Superior Court of the State of California for the County of San Diego (JCCP Nos. 4221, 4224, 4226, and 4228); the settlement provides approximately $265,695.80 to the City from defendant EnCana Corp. (City Attorney) Enacted Number: 262-08 FINALLY PASSED 081165 [Settlement of Lawsuit - Twylah Sperka - $49,000] Ordinance authorizing settlement of the lawsuit filed by Twylah Sperka against the City and County of San Francisco for $49,000; the lawsuit was filed on February 26, 2007 in San Francisco Superior Court, Case No. 460-772; entitled Twylah Sperka v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 277-08 FINALLY PASSED 081166 [Settlement of Lawsuit - J. Hadley Louden - $35,000] Ordinance authorizing settlement of the lawsuit filed by J. Hadley Louden against the City and County of San Francisco for $35,000; the lawsuit was filed on June 5, 2006 in San Francisco Superior Court, Case No. 06-452880, entitled J. Hadley Louden v. Sgt. Sorgie et al., and removed to the United States District Court, Northern District of California, Case No. 06-04762 MHP, on August 7, 2006. (City Attorney) Enacted Number: 276-08 FINALLY PASSED 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. Enacted Number: 274-08 FINALLY PASSED 081259 [Settlement of Lawsuit - Karen Douma - $1,695,100.00] Ordinance authorizing settlement of the lawsuit filed by Karen Douma, individually, Karen Douma, as Personal Representative of the Estate Of David Douma, deceased, Jason Douma, individually, Pamela Fay, individually, and David Douma, Jr., individually against SF American Taxicab, Inc., Autos For Hire Rpg, Inc., Alem Belai, City And County of San Francisco, Regents of The University of California, DOES 1 to 100, jointly and severally for $1,695,100.00; the lawsuit was filed on August 10, 2007 in San Francisco Superior Court, Case No. CGC-07-466068; entitled Karen Douma, et al., v. SF American Taxicab, Inc., et al. (City Attorney) Enacted Number: 272-08 FINALLY PASSED 081260 [Settlement of Lawsuit - James R. Figueroa - $65,000] Ordinance authorizing settlement of James R. Figueroa's claims in the lawsuit filed by James R. Figueroa against the City and County of San Francisco for $65,000; the lawsuit was filed on September 26, 2007, in the San Francisco Superior Court, Case No. 467599, entitled James Figueroa v. City and County of San Francisco dba Department of Public Works. (City Attorney) Enacted Number: 273-08 FINALLY PASSED 081261 [Settlement of Lawsuit - Husam Sajjan - $100,000.00] Ordinance authorizing settlement of the lawsuit filed by Husam Sajjan against the City and County of San Francisco for $100,000.00; the lawsuit was filed on December 12, 2006 in the San Francisco Superior Court, Case No. 458649; entitled Husam Sajjan v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 271-08 FINALLY PASSED 081262 [Settlement of Lawsuit - Estate of Nicholas Torrico, et al. - $150,000.00] Ordinance authorizing settlement of the lawsuit filed by the Estate of Nicholas Torrico, et al. against the City and County of San Francisco for $150,000.00; the lawsuit was filed on July 13, 2007 in United States District Court, Case No. C07-3624 JCS; entitled Estate of Nicholas Torrico, et al., v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 275-08 FINALLY PASSED 081263 [Approval of Settlement Agreement before the Federal Energy Regulatory Commission] Ordinance approving a settlement agreement related to the electricity crisis of 2000-2001 in proceedings before the Federal Energy Regulatory Commission and accepting distribution of settlement funds collected by FERC. (City Attorney) Enacted Number: 261-08 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval REGULAR AGENDA UNFINISHED BUSINESS From the 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 requested to be added as sponsor. Supervisor McGoldrick, 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 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 or required modification to the public right-of-way; and making environmental findings. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Chu, Elsbernd From the City Operations and Neighborhood Services Committee Without Recommendation 080658 [General advertising on City buildings and street furniture] Supervisor McGoldrick Ordinance amending the San Francisco Administrative Code by adding Section 4.20-1 to prohibit any new general advertising signs on street furniture over the number authorized as of January 1, 2008 and to prohibit new general advertising signs visible to the public on the exterior of City-owned buildings as of March 5, 2002; adopting environmental and other findings. (9/16/08 - Supervisor McGoldrick submitted a substitute ordinance bearing new title.) Supervisor McGoldrick, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Sandoval Noes: 1 - Peskin PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 7 - Ammiano, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Recommendation of the Government Audit and Oversight Committee 081376 [Municipal Identification Cards] Supervisor Ammiano Ordinance amending Section 95.2 of the Administrative Code to revise the documentation requirements for proof of identity and proof of residency for municipal identification card applicants. Enacted Number: 279-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Land Use and Economic Development Committee Without Recommendation 061438 [Public Works Code - Sidewalk flower-vending stands] Supervisor McGoldrick Ordinance amending Public Works Code Sections 156, 157, 159, 160, 161, 162, and 163 to clarify application requirements, to add operating conditions for such stands and establish an abandonment period, to establish an annual public right-of-way occupancy fee, to delete provisions regarding permit assignment to family members of the permittee, to change the criminal penalty for violations from a misdemeanor to an infraction, and to establish administrative penalties for violations; and adding Section 165 concerning the establishment of new sidewalk flower-vending stand locations, including permit application fees. Continued to November 25, 2008 Supervisor McGoldrick, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081120 [Ordering vacation of the Ingleside Path] Supervisor Elsbernd Ordinance ordering the vacation of the Ingleside Path right-of-way between Ocean Avenue and Corona Street and Urbano and Head Streets subject to reservations of certain utility easements in the vacated area; authorizing the quit claim of the City's interest in the vacated right-of-way pursuant to the terms of the conveyancing documents; declaring such paths abandoned; adopting environmental findings and findings that such actions are consistent with the City's General Plan and the priority policies of Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. Enacted Number: 270-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. NOT PASSED ON FIRST READING by the following vote: Ayes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Noes: 7 - Ammiano, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Rules Committee 081119 [Noise Control Ordinance- Establishing Noise Task Force] Supervisor Ammiano Ordinance amending the San Francisco Police Code by amending Sections 49, 2900, 2901, 2902, 2904, 2907, 2908, 2909, 2910, 2912, 2916, 2917, and 2918, repealing Sections 2903, 2906, 2911, 2913, 2914, 2915, and 2918, and adding new Sections 2912, 2920, 2922, 2924, and 2926, to revise the City's noise control regulations, add administrative penalties, and create a Noise Task Force. Enacted Number: 278-08 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 2 - Chu, Elsbernd 081190 [Elections for the Retiree Health Trust Fund Board, San Francisco Employee Retirement System Board and Health Service System Board] Supervisor Elsbernd Ordinance amending the San Francisco Administrative Code by amending Sections 16.550-16.561 and 16.563-16.564, and adding Sections 16.553-1, 16.553-2 and 16.565, and amending San Francisco Campaign and Governmental Conduct Code by adding Section 3.1-268, to provide for Retiree Health Trust Fund Board elections and making minor revisions to existing San Francisco Retirement System and Health Service System election procedures. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081227 [Voting Systems Task Force] Supervisor Ammiano Ordinance amending the Administrative Code by adding Sections 5.400-410 to establish a Voting Systems Task Force comprised of individuals with backgrounds in good government, computer science or the computer industry, election administration, and accommodations of persons with disabilities, to make recommendations to the Board of Supervisors about voting system standards, design and development. Enacted Number: 268-08 FINALLY PASSED by the following vote: Ayes: 7 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Sandoval Noes: 4 - Alioto-Pier, Chu, Elsbernd, Peskin 081285 [Lobbyist Ordinance amendments to regulate permit lobbying] Supervisors Peskin, Daly Ordinance amending Chapter 1 of Article II of the Campaign and Governmental Conduct Code by amending section 2.105 to require registration and disclosure under the Lobbyist Ordinance by persons who lobby the Zoning Administrator, the City Engineer, the County Surveyor, the Bureau Chief of the Department of Public Works' Bureau of Street Use and Mapping, elected officials, or the Director, Assistant Director or Deputy Director of the Planning Department, Department of Building Inspection or Department of Public Works regarding permits, parcel maps or subdivision tract maps. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, 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 Ordinance amending Chapter 1 of Article II of the Campaign and Governmental Conduct Code by amending section 2.105 to require registration and disclosure under the Lobbyist Ordinance by persons who lobby the Zoning Administrator, the City Engineer, the County Surveyor, the Bureau Chief of the Department of Public Works' Bureau of Street Use and Mapping, elected officials, or the Director of the Planning Department, Department of Building Inspection or Department of Public Works regarding permits, parcel maps or subdivision tract maps. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Dufty 081317 [Authorizing Settlement of Attorney's Fees and Costs Claim Following Lawsuit - $380,000] Ordinance authorizing settlement of the claim for attorney's fees and costs incurred by Paula Fiscal, Larry Barsetti, Rebecca Kidder, Dana Drenkoski, John Candido, Alan Byard, Andrew Sirkis, National Rifle Association, Second Amendment Foundation, California Association of Firearm Retailers, Law Enforcement Alliance of America, and San Francisco Veteran Police Officers Association in litigation against the City and County of San Francisco, for $380,000.00; the lawsuit was filed on December 29, 2005 in San Francisco Superior Court, Case No. CPF-050505960; entitled Fiscal, et al., v. City and County of San Francisco, et al. (City Attorney) (Supervisor Daly dissented in committee.) Enacted Number: 264-08 FINALLY PASSED by the following vote: Ayes: 8 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Peskin, Sandoval Noes: 3 - Ammiano, Daly, Mirkarimi NEW BUSINESS Recommendations of the Budget and Finance Committee 081270 [Accept and Expend Public Safety Interoperable Communications Grant and Amend Annual Salary Ordinance, FY 2008-2009 - $14,941,976.82] Supervisor Alioto-Pier Ordinance authorizing the Department of Emergency Management (DEM), as fiscal agent for multiple local jurisdictions, to retroactively accept and expend a Public Safety Interoperable Communications grant in the amount of $14,941,976.82 from the United States Department of Commerce and to provide $451,122 as San Francisco's portion of required matching funds; and amending Ordinance No. 141-08 (Annual Salary Ordinance, FY 2008-2009) to reflect the addition of two grant-funded positions (.58 FTE - 0941 Manager VI and .58 FTE - 0931 Manager III) in the Department of Emergency Management. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081218 [Amendment to Settlement Agreement with Pacific Gas and Electric Company - Federal ID No. 94-0742640] Resolution retroactively 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) Enacted Number: 485-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081266 [WSIP Agreement No. CS-914, Bay Division Regional Construction Management Services] Resolution approving the selection of Jacobs Engineering; awards Water System Improvement Program-funded Agreement No. CS-914, Bay Division Regional Construction Management Services. (Public Utilities Commission) (Fiscal Impact.) Enacted Number: 490-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081273 [Lease of Real Property at 25 Van Ness, Lower Level, to New Conservatory Theatre Center] Supervisors Ammiano, Dufty Resolution authorizing the lease of approximately 12,792 rentable square feet of space to New Conservatory Theatre Center, a California non-profit corporation, in the lower level of 25 Van Ness, San Francisco. Enacted Number: 489-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Enacted Number: 476-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081353 [Approval of a contract for the Department of Public Health - $16,472,460] Resolution authorizing the San Francisco Department of Public Health to enter into a contract 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 January 1, 2009 through December 31, 2009. Enacted Number: 488-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081384 [Transfer of Responsibilities for Court Facilities] Mayor Resolution authorizing the transfer of responsibilities for three court facilities at 375 Woodside Avenue and 850 Bryant Street and the agreement to make ongoing payments of fixed court facility payments following such transfers to the State of California equal to $78,275 per year, adjusted by an inflation index, and of $28,116 per year, adjusted by an inflation index, for the two court facilities at 375 Woodside Avenue, $703,105 per year, adjusted by an inflation index, for the court facility at 850 Bryant Street. (Fiscal Impact.) Enacted Number: 487-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Land Use and Economic Development Committee 081082 [Requiring Activation of Closed Captions During Video Events] Supervisor Alioto-Pier Ordinance amending the San Francisco Police Code by amending Sections 4401 and 4402 to require the activation of closed captioning during video events in a park, open space, zoo, or other outdoor recreation area. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081002 [Zoning - Violations of General Advertising Sign Requirements] Supervisors Alioto-Pier, Peskin Ordinance amending the San Francisco Planning Code by amending Section 610 to require response to a notice of violation to be given within 30 days instead of 45 days and to add subsection (f), which addresses repeat violations of general advertising sign requirements by a single entity on the same property; adopting findings, including environmental findings and findings required by Section 302 and Section 101.1 of the Planning Code. PASSED ON FIRST READING by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Chu, Elsbernd, Maxwell, McGoldrick, Peskin, Sandoval Noes: 3 - Daly, Dufty, Mirkarimi 081058 [Planning - Conditional Use Requirement for Power Plants in M-1 and M-2 Zoning Districts] Supervisors Maxwell, Peskin Ordinance amending Planning Code Section 226 to require that power plants in M-1 and M-2 zoning districts obtain conditional use authorization, adding Section 226.1 requiring additional findings; amending the Administrative Code to add Chapter 29A to require the Board of Supervisors consider the criteria of Planning Code Section 226.1(c) prior to taking City power plant approval actions; making environmental findings, and making findings of consistency with the General Plan and 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 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. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval SPECIAL ORDER 3:00 P.M. 081381 [Hearing - Ground Lease of Redevelopment Agency Land for 365 Fulton Street Supportive Housing] 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 792, Lot 28, commonly known as Central Freeway Parcel G Supportive Housing (the "Project") at 365 Fulton Street, southeast corner of Fulton and Gough Streets, San Francisco, California (the "Site") in the Western Addition A-2 Redevelopment Project Area, to 365 FULTON, L.P., a California limited partnership, for 65 years for the purpose of developing housing for very low-income formerly homeless residents. The President inquired as to whether or not any member of the public wished to address the Board members. Representative of the Redevelopment Agency reviewed with the Board its recommendations. Ruth Karen Jenkins; opposed to the proposed legislation William Picklehoffer; opposed to the proposed legislation Mr. Zelinsky; support of the proposed legislation Ron Zest; support of the proposed legislation Patricia A. Young; support of the proposed legislation Gus Elliot; support of the proposed legislation Male speaker; support of the proposed legislation Female speaker; support of the proposed legislation Female speaker; support of the proposed legislation Stephen Kaufman; support of the proposed legislation Female speaker; support of the proposed legislation Philip Jaber; support of the proposed legislation The President declared the public hearing closed. Heard at Public Hearing. FILED. 081382 [Ground Lease of Redevelopment Agency Land for 365 Fulton Street Supportive Housing] Supervisors Mirkarimi, Daly Resolution approving the Redevelopment Agency of the City and County of San Francisco's Ground Lease (the "Ground Lease") for Block 792, Lot 28, commonly known as Central Freeway Parcel G Supportive Housing (the "Project") at 365 Fulton Street, southeast corner of Fulton and Gough Streets, San Francisco, California (the "Site") in the Western Addition A-2 Redevelopment Project Area, to 365 FULTON, L.P., a California limited partnership, for 65 years for the purpose of developing housing for very low-income formerly homeless residents. Supervisor Daly requested to be added as a co-sponsor. Enacted Number: 484-08 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 2 - Ammiano, Sandoval SPECIAL ORDER 3:30 P.M. Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Ammiano, 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 Ammiano introduced, welcomed and presented a Certificate of Honor to Dr. Toye Moses in recognition of his service as a member of the Mental Health Board. Supervisor Ammiano introduced, welcomed and presented Certificates of Honor to Brian Chu in recognition of winning the Youth ID poster contest and also to members who participated in the contest. John Hanley, President of Local 798 Firefighters Union, made a presentation to outgoing members of the Board of Supervisors. Supervisor Alioto-Pier introduced, welcomed, and presented a Certificate of Honor to the management of Starbucks Coffee in appreciation for free coffee offered during the November 4, 2008 Election. SPECIAL ORDER 4:00 P.M. 081365 [Public Hearing - Appeal of Final Environmental Impact Report for the 690 Stanyan Street Project] Hearing of persons interested in or objecting to the Planning Commission's October 23, 2008 certification of a Final Environmental Impact Report identified as Planning No. 2006.0460E, through it's Motion No. 17732, for a proposed development at 690 Stanyan Street, Assessors Block No. 1228, Lots 005 and 006. (Appellant: Regan Caponi) (Filed 10/24/08; Companion measure to 081366, 081367, 081368) The President inquired as to whether any member of the public wished to address the Board members. President informed the Board members that the appellant had withdrawn the appeal. Female speaker; support of the project sponsor Female speaker; support of the project sponsor Ted Lowberg; support of the project sponsor 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.) 081366 [Affirming certification of 690 Stanyan Street Project FEIR] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 690 Stanyan Street Project. (Clerk of the Board) Enacted Number: M08-170 Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081367 [Disapproving certification of 690 Stanyan Street Project FEIR] Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for 690 Stanyan Street Project. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081368 [Preparation of findings to disapprove certification of 690 Stanyan Street Project 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 690 Stanyan Street Project FEIR. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081235 [Subdivision Code - notice and appeal procedures, DBI review fee] Supervisor Peskin Ordinance amending the Subdivision Code Section 1313 to modify noticing procedures for subdivision applications and delete the Department of Public Works appeal hearing on engineering and surveying matters; amending Section 1314 concerning appellants so that it conforms with the California Subdivision Map Act; amending Section 1359 to conform with the abovementioned amendments; amending Section 1315 to include a processing fee for all subdivisions that the Department of Building Inspection reviews; and making environmental findings. Supervisor Sandoval, seconded by Supervisor Chu, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Daly Excused From Voting Supervisor Maxwell, seconded by Supervisor Sandoval, moved to excuse Supervisor Daly, at his request, because of possible conflict of interest, was excused from voting on File Nos. 081152, 081153, 081154, 081155, 081333, 081334, 081339, 081469, 081470, 081471, 081472 and 081473. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly 081152 [Approving General Plan Amendments Related to the Eastern Neighborhoods Area Plans - the Mission, East SoMa, Showplace Square/Potrero Hill and Central Waterfront Area Plans] Ordinance amending the San Francisco General Plan by adding four new area plans, entitled the Mission Area Plan, the East South of Market (East SoMa) Area Plan, the Showplace Square/Potrero Hill Area Plan and the Central Waterfront Area Plan and approving General Plan amendments to implement the four aforementioned Eastern Neighborhoods Area Plans by amending the Commerce and Industry and Recreation and Open Space Elements, the Land Use Index, and the South of Market, Northeastern Waterfront, and Central Waterfront Area Plans; making environmental findings and findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly Appointment of President Pro Tempore At the request of the President, Supervisor Sandoval assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter. 081153 [Planning Code Amendments for the Eastern Neighborhoods Area Plans] Ordinance amending the San Francisco Planning Code by adding and amending various sections to implement the four Eastern Neighborhood Area Plans comprised of the East SoMa, the Mission, the Showplace Square/Potrero Hill, and the Central Waterfront Area Plans; adopting in-lieu fees for on-site open space, trees, and affordable housing; adopting the Eastern Neighborhoods impact fee subject to certain restrictions; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Planning Department) The following Sections were severed from File Nos. 081153: Sec. 175.9, Sec. 327.6 (i), Sec. 329 and Sec. 263.22. Supervisor Sandoval, 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: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly Severed from File No. 081153; Sec. 175.9. 081469 [Eastern Neighborhoods Area Plans - duration of authorizations] Ordinance amending the San Francisco Planning Code by adding section 175.9 concerning the duration and expiration of various Planning Code authorizations in the Eastern Neighborhoods Area Plans; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 6 - Ammiano, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Excused: 1 - Daly Severed from File No. 081153; Sec. 263.22. 081470 [Planning Code amendments for the Eastern Neighborhoods Area Plans] Ordinance amending the San Francisco Planning Code by adding and amending various sections to implement the four Eastern Neighborhood Area Plans comprised of the East SoMa, the Mission, the Showplace Square/Potrero Hill, and the Central Waterfront Area Plans; adopting in-lieu fees for on-site open space, trees, and affordable housing; adopting the Eastern Neighborhoods impact fee subject to certain restrictions; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Planning Department) Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Ordinance be TABLED. The motion FAILED by the following vote: Ayes: 5 - Ammiano, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Sandoval Excused: 1 - Daly NOT PASSED ON FIRST READING by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Sandoval Noes: 5 - Ammiano, Maxwell, McGoldrick, Mirkarimi, Peskin Excused: 1 - Daly Severed from File No. 081153; Sec. 327.6. 081471 [Eastern Neighborhoods - conditional use requirement tied to capital expenditures finding] Ordinance amending the San Francisco Planning Code by adding Section 327.6(i) to establish a conditional use requirement that is tied to Board of Supervisors findings on the Eastern Neighborhoods Capital Expenditure Evaluation as set forth in Administrative Code Section 10E.7; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Daly Severed from File No. 081153; Sec. 329. 081472 [Eastern Neighborhoods Area Plans - large project authorization in Mixed Use Districts] Ordinance amending the San Francisco Planning Code by adding Section 329 to establish large project authorization in Eastern Neighborhoods Mixed Use Districts; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Daly 081154 [Zoning Map Amendments in connection with the Eastern Neighborhoods Area Plans] Ordinance amending Zoning Map Sheets ZN01, ZN07, ZN08, HT01, HT07, HT08 and SU08 of the City and County of San Francisco Planning Code with revised use districts and height and bulk districts within the four Eastern Neighborhoods Planning Areas comprised of the East South of Market, Mission, Showplace Square/Potrero Hill and Central Waterfront Area Plans; and creating four special use districts for Life Science and Medical Special Use District bounded generally by Mariposa Street to the north, Ilinois Street to the west, Iowa Street to the east, and 23rd Street to the south; for Innovative Industries Incubator Special Use District bounded generally by 3rd Street to the west, Illinois Street to the east, 20th Street to the north and 23rd Street to the south; for Transit Oriented Retail Special Use District on 16th Street bounded generally by Capp Street to the east, Potrero Avenue to the west, 15th Sreet to the north and 17th Street to the south; for Integrative PDR Special Use District bounded generally by Cesar Chavez Street to the south, Pennsylvannia and Iowa Street to the west, 23rd Street to the north and Michigan and Maryland Streets to the east; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Planning Department) Continued to November 25, 2008 Supervisor Maxwell, seconded by Supervisor Sandoval, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly 081155 [Eastern Neighborhoods Area Plans - monitoring program, CAC, integrated PDR TIDF fee] Ordinance amending the Administrative Code Chapter 10E to establish the Eastern Neighborhoods Monitoring Program for purposes of reviewing the effectiveness of the Eastern Neighborhoods Area Plans and implementation of specified improvements, the Integrated PDR Reporting program, and the Eastern Neighborhoods Citizens Advisory Committee; amending Administrative Code Chapter 38, Sections 38.1, 38.3, and 38.10 to create a Transit Impact Development Fee for Integrated PDR; and adopting environmental findings. (Planning Department) Supervisor Peskin, 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: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly Severed from File No. 081155; Section 10E. 7. 081473 [Eastern Neighborhoods Area Plans - Capital Expenditure Evaluation] Ordinance amending the Administrative Code by adding section 10E.7 to establish the Eastern Neighborhoods Capital Expenditure Evaluation and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Daly 081333 [Zoning - SoMa Youth and Family 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.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly 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). PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly 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). PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Daly 080934 [Requiring Air Quality Assessment and Ventilation for Certain Urban Infill Residential Developments] Supervisor Ammiano Ordinance amending the San Francisco Health Code by adding new Article 38 to require air quality assessment and ventilation for certain urban infill residential developments; amending the San Francisco Building Code by adding a third paragraph to Section 1203.5 and amending the San Francisco Mechanical Code by adding new Section 419 to require special ventilation systems for certain urban infill residential developments; making environmental findings; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7, and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission. (Economic Impact.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081248 [Changing the name of Rowland Street in North Beach to Dirk Dirksen Place] Supervisor Ammiano Resolution changing the name of Rowland Street on Broadway in North Beach to "Dirk Dirksen Street" 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. Supervisor Ammiano, seconded by Supervisor Dufty, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Resolution changing the name of Rowland Street on Broadway in North Beach to "Dirk Dirksen Place," 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. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Enacted Number: 477-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. James Chaffee; expressed concern with issues relating to the SF Public Library Walter; shared in song general issues in San Francisco Mark Trout; expressed concern with issues relating to homosexuality David Winthrop and fellow students; expressed concern with issues relating to the soccer fields in San Francisco Dr. Porter Ashimya; expressed concern with issues relating to the passage of Prop P and the clean up of the residential Hunters Point Shipyard Richard McRee; expressed concern with issues relating to his US patent for the design for Sigmund Stern Grove John di Donna; shared with the Board a written document relating to marriage Male speaker; shared with the Board the celebration of Mount Wilson Espanola Jackson; expressed concern with issues relating to the Bayview Hunters Point area and the addition of power plants Shelly; expressed concern with issues relating to the proposed budget cuts to the St James Infirmary Edmund Larry; expressed concern with issues relating to SRO housing ROLL CALL FOR INTRODUCTIONS 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. 081407 [Commending Tina Modotti] Supervisor Peskin Resolution commending Tina Modotti an independent, liberated woman of incredible talent, intelligence and social commitment who resided in San Francisco in 1913 through 1918. Enacted Number: 479-08 ADOPTED 081408 [Urging the San Francisco Municipal Transportation Agency's Board of Directors to change the name of the MUNI Metro East Maintenance Facility to the "Willie L. Brown, Jr. Light Rail Supervisor McGoldrick Resolution urging the San Francisco Municipal Transportation Agency's Board of Directors to change the name of the Metro East Maintenance Facility to the "Willie L. Brown, Jr. Light Rail Facility." Enacted Number: 480-08 ADOPTED 081409 [Brady Street Memorial] Supervisor McGoldrick Resolution dedicating Brady Street in San Francisco to the memory of Margaret and Bernard Brady and recognizing the other historical figures for whom the street was named. Enacted Number: 481-08 ADOPTED 081410 [Approval of a historical property contract for 690 Market Street ("Chronicle Building")] Supervisor Peskin Resolution under Chapter 71 of the San Francisco Administrative Code, approving an historical property contract between RC Chronicle Building LP and 690 Market Master Association, a nonprofit mutual public benefit association, the owners of 690 Market Street ("Chronicle Building"), and the City and County of San Francisco; authorizing the Director of Planning and the Assessor to execute the historical property contract. Enacted Number: 482-08 ADOPTED 081412 [Appointment - Treasury Oversight Committee, Todd Rydstrom] Supervisor Peskin Resolution appointing Todd Rydstrom, term ending June 5, 2009, to the Treasury Oversight Committee, residency requirement waived. Enacted Number: 483-08 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 Severed From the Without Reference to Committee Agenda Supervisor Ammiano requested that this matter be severed so that it might be considered separately. 081349 [Commending the Blue Ribbon Panel and prioritizing California Pacific Medical Center's Long Range Development Plan] Supervisor Alioto-Pier Resolution commending the work of the Blue Ribbon Panel and urging all City Departments to prioritize the California Pacific Medical Center Long Range Development Plan ("LRDP"). Supervisor Ammiano, seconded by Supervisor Alioto-Pier, moved that this Resolution 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 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. 081406 [2009 Board of Supervisors Regular Meeting Schedule] Motion revising the 2009 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 20, February 17, May 26, September 8, September 29, October 13, and December 1; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 19 through September 8, 2009 and December 16 though December 31, 2009. (Clerk of the Board) Supervisor Elsbernd moved to amend by adding the Board meeting date of January 6, 2009 to be canceled. Motion failed for lack of a second. Enacted Number: M08-168 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Elsbernd Supervisor Alioto-Pier requested that this matter be severed so that it might be considered separately. 081411 [Opposing location of proposed Presidio Fine Arts Museum] Supervisor Peskin Resolution declaring official City policy opposing preferred alternatives 2 and 2A in the San Francisco Presidio Trust's Draft Supplemental Environmental Impact Statement (DSEIS) that propose the construction of a large hotel and museum facility in the Presidio. Continued to November 25, 2008 Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. 081413 [Taking File #081015 - Mirant Power Plant retrofit - from the Table] Supervisors Peskin, Maxwell Motion pursuant to Board of Supervisors Rule 4.31 to remove File #081015 from the table for consideration at the next Board meeting, on Tuesday November 25th. Enacted Number: M08-169 APPROVED by the following vote: Ayes: 7 - Ammiano, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 4 - Alioto-Pier, Chu, Daly, Elsbernd OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 081440 [De-Appropriating $998,145 of General Fund and $761,021 of Federal Direct Grant Revenue for the Community Justice Center for FY 2008-2009] Supervisors Daly, McGoldrick Ordinance de-appropriating $998,145 of General Fund in the Mayor's Office of Community Justice and $761,021 of Federal Direct Grant Revenue in the Department of Public Health for the Community Justice Center in Fiscal Year 2008-2009. (Fiscal Impact.) (Supervisor Elsbernd dissented in committee.) 11/18/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081442 [Appropriating $500,000 of Revenue from PGA Tournament Agreement for Harding Park PGA Related Improvements for the Recreation and Park Department in Fiscal Year 2008-2009] Supervisor Elsbernd Ordinance appropriating $500,000 of Revenue from the Professional Golf Association (PGA) Tournament Agreement for staffing and improvements to the Harding park Golf Course per the PGA Tournament Agreement at the Recreation and Park Department for Fiscal Year 2008-2009. (Fiscal Impact.) 11/18/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081443 [Annual Contributions to the San Francisco Self-Insurance Surety Bond Fund] Supervisors Maxwell, Alioto-Pier, Daly, Dufty, Sandoval, Elsbernd, Mirkarimi, Peskin, Campos Ordinance amending the San Francisco Bonding and Financial Assistance Program to require annual contributions to the San Francisco Self-Insurance Surety Bond Fund. (Fiscal Impact.) 11/18/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081444 [Establishing the San Francisco Self-Insurance Surety Bond Fund and Setting Standards Governing Deposits into the Fund] Supervisors Maxwell, Alioto-Pier, Daly, Dufty, Sandoval, Elsbernd, Mirkarimi, Peskin, Campos Ordinance amending the San Francisco Administrative Code by adding Section 10.100-317, establishing the San Francisco Self-Insurance Surety Bond Fund, contributions thereto, and use of said Fund. (Fiscal Impact.) 11/18/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081449 [Changes to the Payroll Expense Tax exclusion for clean energy technology businesses] Supervisor McGoldrick Ordinance amending San Francisco Business and Tax Regulations Code by amending Section 906.2 to eliminate limits on company size and expand the definition of qualifying business activities. (Economic Impact) 11/18/08, ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 12/18/2008. 081450 [Real Property Transfer Tax - Change of delinquency date; substitution of references to current laws; conform partnership rule to state law changes; elimination of tax stamp provision and Transfer Tax Review Board] Supervisor Peskin Ordinance amending Sections 1106, 1108, 1108.4,1115, 1115.1 and 1115.3 and deleting Sections 1109, and 1115.2 of Article 12-C of the Business and Tax Regulations Code to (1) change delinquency date; (2) replace references to prior bankruptcy, income tax, and local laws with references to current laws; (3) conform rule for partnership interest transfers to state law changes; (4) eliminate obsolete provision regarding documentary tax stamps; and (5) eliminate Transfer Tax Board of Review and references to that Board. 11/18/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 11/26/08 - Forwarded to the Small Business Commission for review. 081451 [Property Tax Refund Claim Processing] Supervisor Peskin Ordinance to amend Administrative Code Section 10.2 to delegate to City Attorney the authority to grant or deny property tax refund claims and to establish administrative rules and procedures for City Attorney to follow. 11/18/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 11/26/08 - Forwarded to the Small Business Commission for review. 081452 ["Know your rights" brochure for towing] Supervisor Peskin Ordinance adding Section 3055.2 to the San Francisco Police Code to require tow car firms to display "Know Your Rights When Your Car is Towed from Private Property" brochure in order to provide the public with information about their rights when towed from private property. 11/18/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081453 [Appropriating $1,923,629,194 of Water Revenue Bond proceeds for the Water System Improvement Program in the Public Utilities Commission for Fiscal Year 2008-2009] Mayor Ordinance appropriating $1,923,629,194 of San Francisco Water Revenue Bond authorized in 2002 to fund construction and financing costs for the Water System Improvement Project (WSIP) in the Public Utilities Commission for Fiscal Year 2008-2009 and placing the entire appropriation on Controller's reserve pending the sale of the bonds. (Fiscal Impact.) 11/18/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolutions 081441 [Grant to support Cesar Chavez Street streetscape improvements - $711,296] Supervisor Dufty Resolution authorizing the San Francisco Planning Department to accept and expend $711,296 from the California Department of Housing and Community Development for pedestrian safety, traffic calming, and stormwater improvements along Cesar Chavez Street. 11/18/08, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 081446 [Eastern Neighborhoods MOU] Supervisor Maxwell Resolution approving a Memorandum of Understanding between City departments relating to the planning of various capital projects in the Eastern Neighborhoods Plan Area, subject to the approval of the affected City departments and commissions; establishing an Eastern Neighborhoods Infrastructure Finance Working Group; and making findings under the California Environmental Quality Act. 11/18/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081447 [Accept-Expend State Grant - Southeast Community Response Network - $402,457] Supervisor Maxwell 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 $402,457 through the United States Department of Justice, for a program entitled "Southeast Community Response Network" for fiscal year July 2006 through June 2010. 11/18/08, RECEIVED AND ASSIGNED to Public Safety Committee. 081448 [Juvenile Probation and Camp Funding Grant Program] Supervisor Maxwell Resolution authorizing the Juvenile Probation Department to participate in the State of California's Juvenile Probation and Camp Funding Program, to receive funds for direct services to eligible children and their families. 11/18/08, RECEIVED AND ASSIGNED to Public Safety Committee. 081456 [Commending Historic International Labor Partnership] Supervisor Peskin Resolution applauding the historic new partnership between the San Francisco Labor Council and the Guangzhou Federation of Trade Unions. 11/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081457 [California Street Steps Tiling Project] Supervisor McGoldrick Resolution supporting the gift of funds, once fundraising is completed, for the installation of artistic tile on the California Street Stairs to be maintained jointly by the San Francisco Arts Commission and the Department of Parks and Recreation. 11/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081458 [Municipal Transportation Agency Board of Directors-Advertising Policy] Supervisor McGoldrick Resolution urging the San Francisco Municipal Transportation Agency (SFMTA) Board of Directors not to renew any advertising contracts that permit window-covering advertisements on SFMTA passenger vehicles. 11/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081459 [Congratulating Tim Lincecum on winning the 2008 National League Cy Young Award] Supervisor Dufty Resolution congratulating Tim Lincecum on winning the 2008 National League Cy Young Award. 11/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081460 [Proposed Contemporary Art Museum] Supervisor Alioto-Pier Resolution supporting the location of the proposed Contemporary Art Museum in the City and County of San Francisco. 11/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081461 [Senior Citizens' Property and Renters' Tax Assistance Program] Supervisor Daly Resolution urging Governor Arnold Schwarzenegger to restore the entire $190.9 Million appropriation for the Senior Citizens' Property and Renters' Tax Assistance Program in the 2008 California State Budget. 11/18/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 081436 [San Francisco Unified School District's expulsion policy] Supervisor Alioto-Pier Hearing on the San Francisco Unified School District's expulsion policy for elementary schools through high school. The hearing will examine the procedures in place, expulsion hearing format and rights of appeal, as well as other issues that may be pertinent to the procedures and policies in place. 11/18/08, RECEIVED AND ASSIGNED to City and School District Select Committee. 11/21/08 - Referral sent to the Youth Commission. 081437 [Mayor's Current Budget Instructions, Mid-Year Cuts and next year's Budget process] Supervisor McGoldrick Hearing on the Mayor's Current Budget Instructions, Mid-Year Cuts and next year's Budget process. 11/18/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081438 [Assessments and property tax collection in the Office of Assessor Recorder] Supervisor McGoldrick Hearing to discuss backlog of assessments and property tax collection in the Office of Assessor Recorder. 11/18/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081439 [Permit review and issuance at the Planning Department and Department of Building Inspection] Supervisor McGoldrick Hearing to discuss backlog of permit review and issuance at the Planning Department and Department of Building Inspection, and to recommend methods of expedition and prioritization. 11/18/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. PROPOSED ORDINANCES PROPOSED RESOLUTIONS 081414 [Reaffirming and Restating Finding of Fiscal Feasibility for the revised Exploratorium Project at Piers 15/17 and Finding of Lease Exemption from Competitive Bidding Policy; Endorsing Amended and Restated Term Sheet] Resolution reaffirming and restating the Board of Supervisor's prior findings that the revised Exploratorium Project at Piers 15/17 is fiscally feasible and responsible pursuant to Administrative Code Chapter 29 and is exempt from the competitive bidding policy set forth in Administrative Code Section 2.6-1, and endorsing the Amended and Restated Term Sheet between the Exploratorium and the San Francisco Port Commission. (Port) 10/31/08, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 081415 [Approval of Port Lease for TCHO Ventures, Inc. at Pier 17] Resolution approving Port Commission Lease No. L-14584 with TCHO Ventures, Inc. ("TCHO") for a five (5) year term for certain real property located at Pier 17 in the City and County of San Francisco. (Port) 10/31/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081416 [Approving Seven Technology Store Contracts pursuant to Charter Section 9.118(b)] Supervisor Dufty Resolution approving the award of seven contracts for Technology Store purchases pursuant to San Francisco Charter Section 9.118(b). (Fiscal Impact.) 11/7/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081417 [Purchase of Real Property located at 5027-5033 Third Street, San Francisco for the Public Library] Resolution authorizing the execution and performance of an Agreement of Purchase and Sale for Real Estate between the City and County of San Francisco and Doug Wong and Pearl Yee Wong, husband and wife, as joint tenants (the "Seller"), for the purchase of real property and improvements located at 5027 - 5033 Third Street, San Francisco, to expand the Bayview/ Anna E Waden Branch Library of the San Francisco Public Library; adopting findings under the California Environmental Quality Act; and adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1. (Real Estate Department) (Fiscal Impact.) 11/10/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Chu To: Director, Municipal Transportation Agency Requesting/Inquiring: Requesting that the Municipal Transportation Agency to study the feasibility of installing stop signs and/or traffic calming devices at the following locations: Judah Street at 29th Avenue Taraval Street and 20th Avenue Rivera Street at 42nd Avenue From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti from the public property located at the following locations: Utility Boxes Northeast corner Baker and Oak Northwest corner Broderick and Golden Gate Near 1213 Fell Southwest corner Divisadero and Fell Northeast corner Waller and Scott Bus Shelters Northwest corner Haight and Stanyan All bus shelters on Haight and Fillmore need power washing and Graffiti Northwest corner Haight and Masonic Emergency Boxes Southwest corner Lyon and Golden Gate Southwest corner Golden Gate and Scott Southeast corner Oak and Scott Fire Hydrant Southeast corner Pierce and Golden Gate From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti from at the following locations: Garbage Cans Northwest corner Broderick and Hayes Northeast corner Central and Hayes Northwest corner Masonic and Hayes North side Cole and Fulton Northeast corner Haight and Fillmore Northwest corner Octavia and Haight Mailboxes Southeast corner Golden Gate and Scott Southwest corner Octavia and Haight Northwest corner Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti at the following private property locations: 318 Fell 383 Fell 400 Fell 1172 Fell 1247 Oak 1215 Oak 215 Scott 208 Scott 160 Pierce 129 Clayton 2115 Golden Gate 535 Haight 55 Laguna (On Haight/Octavia side) 697 Haight 1000 Oak 485 Scott 682 Haight 482 Haight 399 Hiaght 503 Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting that the Department of Public report on the status of removing graffiti from utility poles at the following locations: Wood: Northeast corner Buchanan and Fell Metal Pole: Southeast corner Divisadero and Haight 315 Fell Northeast corner Central and Hayes 1700 Golden Gate Northwest corner Fell and Divisadero 973 Haight Northeast corner Steiner and Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works 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) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes 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 San Francisco Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: City Attorney Requesting/Inquiring: Requesting that the City Attorney draft legislation requiring the Department of Elections to: Tabulate and release RCV results on election night upon the earlier of all precincts reporting or midnight Tabulate and release RCV results with each subsequent Summary Report of election results by 4 p.m. each day that the Department tallies outstanding ballots Post the ballot image file on the Department's web site concurrently with the release of election results described above. In Memoriams Hank Wilson - Entire Board Sister Doris Donaldson - Supervisor McGoldrick Studs Terkel - Supervisor McGoldrick ADJOURNMENT There being no further business the Board adjourned at the hour of 6:06 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 December 16, 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