Board of Supervisors Minutes: December 16, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, December 16, 2008 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors AARON PESKIN, PRESIDENT MICHELA ALIOTO-PIER, DAVID CAMPOS, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, SOPHIE MAXWELL, JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL Members Present: Michela Alioto-Pier, David Campos, 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 2:11 p.m. On the call of the roll all Supervisors were noted present. APPROVAL OF MEETING MINUTES Supervisor Dufty, seconded by Supervisor Elsbernd, moved to approve the Board Meeting Minutes of November 4, 2008 and November 18, 2008. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval AGENDA CHANGES CONSENT AGENDA Recommendations of the Budget and Finance Committee 081283 [Approving an Amendment to the Western Addition A-2 Redevelopment Plan to Extend the Redevelopment Agency's Time for Issuing and Repaying Debt and to Suspend the Limit on Total Tax Increment Revenue for Affordable Housing Development] Supervisor Mirkarimi Ordinance approving an amendment to the Western Addition A-2 Redevelopment Plan to extend both the time for issuance of debt and the receipt of tax increment by the San Francisco Redevelopment Agency and to suspend the limit on the total number of dollars of tax increment revenue that may be received by the San Francisco Redevelopment Agency under the Plan in order to continue financing Low and Moderate Income Housing Fund activities under the Plan. Enacted Number: 316-08 FINALLY PASSED 081499 [Accept and Expend FY 08 Urban Areas Security Initiative Grant and Amend Annual Salary Ordinance, FY 2008-2009 - $29,724,000] Supervisor Alioto-Pier Ordinance authorizing the Department of Emergency Management (DEM), on behalf of the City and County San Francisco as the primary grantee for the combined Bay Area Urban Area ("Super UASI" or "SUASI") region and as the fiscal agent for the SUASI Approval Authority, to retroactively accept and expend an Urban Areas Security Initiative ("UASI") grant in the amount of $29,724,000 from the United States Department of Homeland Security, through the California Governor's Office of Homeland Security; amending Ordinance No. 141-08 (Annual Salary Ordinance, FY 2008-2009) to reflect the addition of two grant-funded positions in the Department of Emergency Management. Enacted Number: 295-08 FINALLY PASSED 081500 [Obtain, Accept and Expend Federal Interoperable Emergency Communications Program Grant and Amend Annual Salary Ordinance, FY 2008-2009 - $1,374,422] Supervisor Alioto-Pier Ordinance authorizing the Department of Emergency Management (DEM), as primary grantee and fiscal agent for the Capitol-Bay Planning Area, to obtain, accept and expend an Interoperable Emergency Communications Program Grant (IECGP) award in the amount of $1,374,422 from the United States Department of Homeland Security (DHS), through the California Office of Homeland Security (OHS), for the period October 6, 2008 to May 31, 2010, and amending Ordinance No. 141-08 (Annual Salary Ordinance, FY 2008-2009) to reflect the addition of one grant-funded position (0.50 FTE - 0931 Manager III) in the Department of Emergency Management. Enacted Number: 296-08 FINALLY PASSED Recommendations of the Government Audit and Oversight 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.) Enacted Number: 314-08 FINALLY PASSED 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.) Enacted Number: 315-08 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 081009 [Prohibiting smoking in taxicabs and motor vehicles for hire and free distribution of tobacco products and accessories in places open to the public] Supervisor Maxwell Ordinance amending the San Francisco Health Code by amending Section 1009.22 and amending the San Francisco Police Code by amending Section 1143 and repealing Sections 53, 53.1, and 1098, to prohibit smoking in taxicabs and other motor vehicles for hire, and amending San Francisco Police Code Section 95, to prohibit the free distribution of tobacco products and accessories in places open to the public. Enacted Number: 312-08 FINALLY PASSED 081250 [Massage practitioner requirements] Supervisor Dufty Ordinance amending Section 1902 of the San Francisco Health Code by changing the requirement that massage practitioners obtain a certificate of graduation to a certificate of completion verifying at least 100 hours of massage instruction. Enacted Number: 317-08 FINALLY PASSED 081379 [Accept gift to the Fire Department - $15,938] Resolution accepting a gift to the Fire Department from the Fireman's Fund Insurance Company Heritage Program of mask fit equipment and non-permeable emergency medical bags valued at $15,938. (Fire Department) Enacted Number: 523-08 ADOPTED 081441 [Grant to support Cesar Chavez Street streetscape improvements - $711,296] Supervisors Dufty, Campos 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. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 539-08 ADOPTED Recommendation of the Land Use and Economic Development Committee 081100 [Zoning - Providing for a Five Feet Special Height Exception for Active Ground Floor Uses in the NC-2 and NC-3 Designated Parcels fronting Mission Street, from Silver Avenue to the Daly City border] Supervisor Sandoval Ordinance amending the San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for ground floor uses in the Neighborhood Commercial Districts; amending Sections 703.1, 710.1, 711.1, 712.1, 713.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Enacted Number: 321-08 FINALLY PASSED Recommendations of the Rules Committee 081477 [Settlement of Lawsuit - Laurent Katgely, et al. v. CCSF, et al. (C. Spencer) - $67,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Chez Spencer, a partnership, against the City and County of San Francisco for $67,000; the lawsuit was filed on December 8, 2004 in San Francisco Superior Court, Case No. 436942; entitled Laurent Katgely, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 081478 [Settlement of Lawsuit - Jane Martin, et al. v. CCSF, et al. (IMG Home) - $500,000] Ordinance authorizing settlement of the portion of the lawsuit filed by IMG Home Corporation against the City and County of San Francisco for $500,000; the lawsuit was filed on January 31, 2005 in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 081479 [Settlement of Lawsuit - Jane Martin, et al. v. CCSF, et al. (N. Quimson) - $45,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Noreen Quimson against the City and County of San Francisco for $45,000; the lawsuit was filed on January 31, 2005 in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 081480 [Settlement of Claim - SFD Union Square, LLC - $40,000] Resolution approving the settlement of unlitigated claim of SFD Union Square, LLC dba Sir Francis Drake Hotel against San Francisco for $40,000; claim was filed on August 25, 2008. (City Attorney) Enacted Number: 534-08 ADOPTED 081501 [Settlement of Administrative Civil Liability Complaint - $64,000] Supervisor Peskin Resolution approving the settlement of the unlitigated administrative civil liability complaint filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $64,000; and alternatively approving an environmental mitigation project, subject to approval of the Regional Board Water Quality Control Board, in an amount not to exceed $32,000, plus payment of a $32,000 penalty. Enacted Number: 505-08 ADOPTED 081112 [Appointment, Biodiesel Access Task Force - Shannon Devine] Motion appointing Shannon Devine, term ending December 31, 2009, to the Biodiesel Access Task Force. Enacted Number: M08-184 APPROVED 081427 [Appointments, Ballot Simplification Committee - June Fraps, Betty Packard and Adele Fasick] Motion appointing June Fraps, Betty Packard and Adele Fasick, terms ending November 30, 2010, to the Ballot Simpilification Committee. Enacted Number: M08-183 APPROVED 081431 [Appointments, Urban Forestry Council - John Malcolm Hillan and Jocelyn Cohen] Motion appointing John Malcolm Hillan and Jocelyn Cohen, terms ending November 18, 2010, to the Urban Forestry Council. Enacted Number: M08-182 APPROVED 081483 [Appointment, Immigrant Rights Commission - Ana Perez] Motion appointing Ana Perez, term ending June 6, 2009, to the Immigrant Rights Commission, residency requirement waived. Enacted Number: M08-194 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Severed from the Consent Agenda Supervisor Mirkarimi requested that this matter be severed so that it might be considered separately. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to rescind the vote on File No. 081426. Motion to rescind the previous vote on File No. 081426 passed without objection. 081426 [Appointments, Market and Octavia Community Advisory Committee - Julian Davis, Carmela Gold, Peter Cohen, Brad Villers, Dennis Richards and Jason Henderson] Motion appointing Julian Davis, Carmela Gold, Peter Cohen, Brad Villers, Dennis Richards and Katherine Hodge, for two-year terms, to the Market and Octavia Community Advisory Committee. Amended by replacing the appointment of "Katherine Hodge" with the appointment of "Jason Henderson". New Title. Supervisor Mirkarimi, seconded by Supervisor Daly, moved that this Motion be AMENDED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty Motion appointing Julian Davis, Carmela Gold, Peter Cohen, Brad Villers, Dennis Richards and Jason Henderson, for two-year terms, to the Market and Octavia Community Advisory Committee. APPROVED AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty REGULAR AGENDA UNFINISHED BUSINESS Vetoed by the Mayor 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. NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days of the date of the veto. The Mayor vetoed the Ordinance on December 5, 2008. Therefore, the Board will lose the ability to override the veto unless it votes on the veto override on or before January 4, 2009. NOT OVERTURN MAYORAL VETO by the following vote: Ayes: 7 - Campos, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Recommendations of the Budget and Finance 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 Article 12-A, Section 906.2 to expand eligibility for the clean technology payroll tax exclusion to include solar panel and other clean technology research and development-related businesses, and to include businesses with fewer than ten employees. Enacted Number: 313-08 FINALLY PASSED by the following vote: Ayes: 8 - Alioto-Pier, Campos, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi Noes: 3 - Daly, Peskin, Sandoval 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 San Francisco Public Utilities Commission (SFPUC) Water System Improvement Program (WSIP) for Fiscal Year 2008-2009, placing the entire appropriation by project on Controller's reserve subject to SFPUC and Board of Supervisors' discretionary approvals following completion of project-related analysis pursuant to California Environmental Quality Act (CEQA), where required, and receipt of proceeds of indebtedness, adopting environmental findings, placing on Budget and Finance Committee reserve any project in excess of $100,000,000 and authorizing the increase of the Water Commercial Paper Program from $250,000,000 to $500,000,000 to facilitate projected WSIP financing needs. (Fiscal Impact.) Enacted Number: 311-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Appointment of President Pro Tempore At the request of the President, Supervisor Campos assumed the Chair so the President could participate in the debate from the floor concerning the following item. 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, Peskin 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.) Supervisor Sandoval was previously excused from voting on this matter. Supervisor Peskin requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 6 - Campos, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Excused: 1 - Sandoval Recommendations of the Government Audit and Oversight Committee 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] 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. PASSED ON FIRST READING by the following vote: Ayes: 8 - Campos, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Chu, Dufty 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. PASSED ON FIRST READING by the following vote: Ayes: 9 - Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 2 - Alioto-Pier, Dufty Recommendations of the Land Use and Economic Development Committee 080520 [Below Market Rate Condominium Conversion Program] Mayor, Supervisor McGoldrick Ordinance amending the San Francisco Subdivision Code by adding Section 1344 to update and clarify the provisions relating to Below Market Rate Units under the Condominium Conversion Program including provisions related to the calculation of sales price, renting, capital improvements, duration and monitoring of affordability, marketing, and ongoing regulations and the provisions relating to Original Subdividers who rent their Units; providing for alternatives for compliance with the ordinance; and amending Sections 1308, 1309, 1341, 1341B, 1343, 1359, and 1385 to make conforming changes, and making findings including findings under the California Environmental Quality Act (CEQA). (Supervisor Sandoval dissented in Committee.) Enacted Number: 320-08 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chu, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 2 - Daly, Sandoval 081513 [Limited Equity Housing Cooperative Conversions] Supervisors Peskin, Mirkarimi Ordinance amending the Subdivision Code by adding Article 11, consisting of Sections 1399.1 through 1399.22, to create a method for Limited Equity Housing Cooperatives to convert existing residential buildings to limited-equity housing cooperatives, and making findings including findings under the California Environmental Quality Act. Enacted Number: 319-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval From the Board 081589 [Eastern Neighborhoods Zoning Map - Height District for Mission Street theater properties] Ordinance amending the San Francisco Zoning Map by amending the height district designation for Assessor's Block 3595, Lot 024 on Mission Street between 19th and 20th Streets and Assessor's Block 3616, Lot 007 on Mission Street between 21st and 22nd Streets to 65-X/85-X; 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 Maxwell, seconded by Supervisor Daly, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 6 - Campos, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Sandoval Ordinance amending the San Francisco Zoning Map by amending the height district designation for Assessor's Block 3616, Lot 007 on Mission Street between 21st and 22nd Streets to 50-X/65-B; 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 AS AMENDED by the following vote: Ayes: 6 - Campos, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Sandoval From the Land Use and Economic Development Committee Without Recommendation 081088 [Requirement of Conditional Use Authorization for any permit application to remove dwelling units] Ordinance amending the Planning Code by amending Section 317 to require Conditional Use Authorization for any elimination of existing dwelling units through mergers, conversions, or demolitions of residential units. NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days of the date of the veto. The Mayor vetoed the Ordinance on December 19, 2008. Therefore, the Board will lose the ability to override the veto unless it votes on the veto override on or before January 18, 2009. FINALLY PASSED by the following vote: Ayes: 7 - Campos, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Recommendation of the Rules Committee 081230 [Medical Cannabis Dispensary Permits] Supervisor Daly Ordinance amending Section 3308 of the San Francisco Health Code to include the installation of platform lifts under the minimum disability access standards for Medical Cannabis Dispensaries. Enacted Number: 318-08 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval NEW BUSINESS Recommendations of the Budget and Finance Committee 081519 [Sale of San Francisco General Hospital Bond Anticipation Notes, Series 2009A - Not to Exceed $136,000,000] Mayor Resolution authorizing and directing the sale of Not to Exceed $136,000,000 General Obligation Bond Anticipation Notes, Series 2009A in anticipation of the issuance of $136,000,000 General Obligation Bonds (San Francisco General Hospital Improvement Bonds, 2008), Series 2009A; Prescribing the Form and Terms of Said Notes; Providing For the Levy of a Tax To Pay the Interest and, if Applicable, the Principal Thereon; Authorizing the Execution, Authentication and Registration of Said Notes; Providing For the Appointment of Depositories and Other Agents For Said Notes; Providing For the Establishment of Accounts Related Thereto; Providing For the Manner of Sale of Said Notes, Whether By Competitive Sale or Negotiated Sale; Approving the Forms of Official Notice of Sale and Notice of Intention To Sell Notes; Directing the Publication of the Notice of Intention To Sell Notes; Approving the Form and Execution of the Note Purchase Agreement for the Sale of Said Notes; Approving the Form and Execution of the Official Statement Relating to the Sale of Said Notes; Approving the Form of the Continuing Disclosure Certificate; Approving Modifications To Documents; Ratifying Certain Actions Previously Taken; and Granting General Authority To City Officials To Take Necessary Actions In Connection With the Authorization, Issuance, Sale and Delivery of Said Notes. (Fiscal Impact.) Enacted Number: 524-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081520 [San Francisco General Hospital General Obligation Bond Issuance - Not to Exceed $887,400,000] Mayor Resolution Providing for the Issuance of Not to Exceed $887,400,000 Aggregate Principal Amount of City and County of San Francisco General Obligation Bonds (San Francisco General Hospital Improvement Bonds, 2008); Authorizing the Execution, Authentication and Registration of Said Bonds; Providing for the Levy of a Tax to Pay the Principal and Interest Thereof; Providing for the Appointment of Depositories and Other Agents for Said Bonds; Providing for the Establishment of Accounts Related Thereto; Ratifying Certain Actions Previously Taken; 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; Finding that the Proposed Project Is In Conformity With the Priority Policies Of Planning Code Section 101.1(B) and With the General Plan Consistency Requirement Of Charter Section 4.105 and Administrative Code Section 2A.53; and Granting General Authority to City Officials to Take Necessary Actions In Connection With the Authorization, Issuance, Sale and Delivery of Said Bonds. (Fiscal Impact.) Enacted Number: 528-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081521 [Bond Sale of San Francisco General Hospital Improvement Bonds - Not To Exceed $136,000,000] Mayor Resolution Authorizing and Directing the Sale of Not To Exceed $136,000,000 General Obligation Bonds (San Francisco General Hospital Improvement Bonds, 2008), Series 2009A; Prescribing the Form and Terms of Said Bonds; Authorizing the Execution, Authentication and Registration of Said Bonds; Providing For the Appointment of Depositories and Other Agents For Said Bonds; Providing For the Establishment of Accounts Related Thereto; Providing For the Manner of Sale of Said Bonds, Whether by Competitive Sale or Negotiated Sale; Approving the Forms of Official Notice of Sale and Notice of Intention To Sell Bonds; Directing the Publication of the Notice of Intention To Sell Bonds; Approving the Form and Execution of the Bond Purchase Agreement Relating Thereto; Approving the Form and Execution of the Official Statement Relating To the Sale of Said Bonds; Approving the Form of the Continuing Disclosure Certificate; Approving Modifications To Documents; Ratifying Certain Actions Previously Taken; and Granting General Authority To City Officials To Take Necessary Actions In Connection With the Authorization, Issuance, Sale and Delivery of Said Bonds. (Fiscal Impact.) Enacted Number: 527-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081522 [Appropriating $136,000,000 of General Obligation Bonds for the San Francisco General Hospital and Trauma Center for the Department of Public Health for Fiscal Year 2008-2009] Mayor Ordinance appropriating $136,000,000 of General Obligation Bond Proceeds approved by voters under Proposition A in the November 2008 election authorizing the issuance of general obligation bonds for the building or rebuilding and earthquake safety improvement of the San Francisco General Hospital and Trauma Center in the Department of Public Health for Fiscal Year 2008-2009. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081523 [General Obligation Bond Short-Term Indebtedness] Mayor Ordinance amending the San Francisco Administrative Code by adding Article 43.11, Sections 43.11.1 through 43.11.5, to authorize the issuance of short-term indebtedness in anticipation of the issuance of general obligation bonds authorized by the voters. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081507 [Accept-Expend Federal Grant and amend Annual Salary Ordinance, FY 2008-2009 $1,024,467.00] Supervisor Elsbernd Ordinance authorizing the Police Department to retroactively accept and expend grant funding in the amount of $1,024,467.00 from the National Institute of Justice for a program entitled "NIJ's 2008 Forensic DNA Unit Efficiency Improvement Program," and amending the Annual Salary Ordinance to create grant-funded positions. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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.) Enacted Number: 540-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081484 [WSIP Agreement No. CS-917, San Joaquin Regional Construction Management Services - Not to Exceed $28,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to award and execute the Water System Improvement Program-funded Professional Service Agreement No. CS-917, San Joaquin Regional Construction Management Services, with PMA Consultants LLC to provide Construction Management Services for the San Joaquin Regional Projects, for an amount not to exceed $28,000,000, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact.) Enacted Number: 547-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081518 [Lease Financing For Library Projects] Mayor Resolution approving the form of and authorizing the distribution of a preliminary official statement relating to the issuance of City and County of San Francisco Finance Corporation lease revenue bonds and authorizing the preparation, execution and delivery of a final official statement; ratifying the approvals and terms and conditions of a previous ordinance; and related matters. Enacted Number: 538-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081524 [Accept-Expend Federal Regional Catastrophic Preparedness Grants - $10,000,000] Mayor Resolution authorizing the Department of Emergency Management (DEM), as fiscal agent for multiple local jurisdictions, to retroactively accept and expend Regional Catastrophic Preparedness Grant Program awards in the amount of $10,000,000 from the United States Department of Homeland Security (DHS), through the California Office of Homeland Security (OHS), for regional catastrophic preparedness for the period September 1, 2008 through August 31, 2010. Enacted Number: 506-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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) Enacted Number: 532-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendation of the City Operations and Neighborhood Services Committee 081124 [Prohibiting advertisements for alcoholic beverages on City property] Supervisors Mirkarimi, McGoldrick Ordinance amending the San Francisco Administrative Code by amending Section 4.20, to prohibit advertisements for alcoholic beverages on City property. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Recommendations of the Government Audit and Oversight Committee 081362 [Prevailing wages for (1) workers on public works and improvement projects, (2) workers in theatrical services; (3) workers performing moving services; and (4) workers hauling solid waste.] Resolution fixing prevailing wage rates for (1) workers performing work under City contracts for public work and improvement; (2) workers engaged in theatrical or technical services for shows on property owned by the City; (3) workers performing moving services under City contracts at facilities owned or leased by the City; and (4) workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City. (Civil Service Commission) Enacted Number: 536-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081514 [Appropriating $45,000,000 of Certificates of Participation Revenue for the Moscone Center Improvement Project in the Office of the City Administrator for Fiscal Year 2008-2009] Supervisor Peskin Ordinance appropriating $45,000,000 of San Francisco Certificates of Participation (COPs) Series 2009B to fund the Moscone Center Improvement Project in the General Services Agency - Office of the City Administrator for Fiscal Year 2008-2009 and placing these funds on Controller's Reserve pending issuance of the COPs. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty 081515 [Lease Financing For Improvements to Moscone Convention Center] Supervisor Peskin Resolution authorizing the execution, delivery and sale of Certificates of Participation (the "Certificates") evidencing undivided, proportionate interests in the right to receive certain rental payments to be made by the City under a Lease Agreement, for the purpose of financing various capital projects at Moscone Convention Center; approving the form of a Trust Agreement by and between the City and County of San Francisco (the "City") and a corporate trustee to be selected by the City (the "Trustee"), including without limitation certain indemnification obligations of the City contained therein; authorizing the selection of the Trustee; approving the form of a Facilities Lease by and between the City and the Trustee relating to certain real property described herein; approving the form of the Lease Agreement by and between the Trustee and the City relating to said real property; authorizing the payment of costs of issuance; authorizing the reimbursement of certain expenditures; granting general authority to City officials to take certain actions in connection with the Certificates, the Trust Agreement, the Facilities Lease and the Lease Agreement; authorizing modifications to documents; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) Enacted Number: 530-08 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty Recommendations of the Land Use and Economic Development Committee 080872 [Planning - Union Street Neighborhood Commercial District - Full-Service Restaurants] Supervisor Alioto-Pier Ordinance amending Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District to provide for a limited number of new full-service restaurant uses that satisfy specific requirements and obtain conditional use authorization, 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, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081125 [Promoting and Sustaining Music and Culture in San Francisco] Supervisors Mirkarimi, Maxwell Ordinance adding Chapter 90A to the San Francisco Administrative Code to establish a music and culture sustainability policy for City government; provide for development by the Entertainment Commission of a proposal for an on-line permitting system for entertainment-related permits, licenses, and determinations; provide for review by the Entertainment Commission of new criteria for entertainment related permits, licenses, and determinations; establish a process coordinated by the Entertainment Commission for reviewing and possibly revising City Codes to conform to and implement the music and culture sustainability policy; urge the Planning Commission to consider amending the General Plan to conform to and implement that policy; and provide for an annual hearing by the Entertainment Commission to review and make recommendations relating to implementation of that policy. PASSED ON FIRST READING AS DIVIDED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081372 [Mission Bay North-Park Parcels NP3, NP4 and NP5 Improvements] Supervisor Daly Ordinance designating a portion of State Trust Parcel 1, lying next to the Mission Creek Channel for public open space and park purposes; naming the new park "Mission Creek Park"; accepting the irrevocable offer for the acquisition facilities; designating said facilities as public open space and for park purposes and accepting for maintenance responsibilities and liability 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. 177,882; and authorizing official acts in connection with this Ordinance. (Public Works Department) Supervisor Daly requested to be added as sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081280 [Accept and Expend State Coastal Commission Grant Funds - $185,000] Supervisor Chu Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a State Coastal Commission Grant in the amount of $185,000. Enacted Number: 541-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081284 [Intent to change the name of Avery Street between Post Street and Geary Boulevard to Boswell Way] Supervisor Mirkarimi Resolution declaring the Board of Supervisors' intention to change the name of Avery Street between Geary Boulevard and Post Street to Boswell Way in recognition of Reverend Hamilton T. Boswell, the longtime pastor of the Jones Memorial United Methodist Church and advocate for San Francisco's African American community. Enacted Number: 542-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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. Enacted Number: 502-08 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 2 - Chu, Elsbernd Recommendations of the Rules Committee 081474 [Appointment, Assessment Appeals Board No. 2 - Joseph Tham] Motion appointing Joseph Tham, term ending September 5, 2011, to the Assessment Appeals Board No. 2. Enacted Number: M08-192 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081475 [Appointments, Assessment Appeals Board No. 1 - Diane Robinson and Richard Lee] Motion appointing Diane Robinson and Richard Lee, terms ending September 5, 2011, to the Assessment Appeals Board No. 1. Enacted Number: M08-191 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval SPECIAL ORDER 3:00 P.M. Supervisor Dufty was noted absent at 5:40 p.m. 081516 [Hearing - Tourism Improvement District] Hearing of persons interested in or objecting to proposed Resolution of Formation: Establishing a business-based business improvement district to be known as the "Tourism Improvement District," ordering the levy and collection of assessments against defined hotel businesses located in that district for fifteen (15) years commencing January 1, 2009, subject to conditions as specified, and making environmental findings. The President inquired as to whether or any member of the public wished to address the Board. Richard Swig; support of the Tourism Improvement District Joe Delesandro; support of the Tourism Improvement District Ernestine Weiss; support of the Tourism Improvement District Pat Gallagher; support of the Tourism Improvement District Rodney Fong; support of the Tourism Improvement District Michael Dunn; support of the Tourism Improvement District Mike Hardeman; support of the Tourism Improvement District Heather Hale; support of the Tourism Improvement District Tony Norman; support of the Tourism Improvement District Simon Sin; support of the Tourism Improvement District Rodney Rodriquez; Tourism Improvement District Jerry Simmons; Tourism Improvement District Male speaker; Tourism Improvement District General Manager Grand Hyatt Union Square; Tourism Improvement District Patricia Breslin; Tourism Improvement District The President declared the public hearing closed. Heard at a public hearing. FILED. Supervisor Elsbernd Excused From Voting Supervisor Maxwell, seconded by Supervisor Chu, moved to excuse Supervisor Elsbernd, at his request, because of possible conflict of interest, from voting. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chu, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty Excused: 1 - Elsbernd 081517 [Resolution to Establish the Tourism Improvement District] Mayor, Supervisors Peskin, Maxwell, Dufty Resolution of Formation: Establishing a business-based business improvement district to be known as the "Tourism Improvement District," ordering the levy and collection of assessments against defined hotel businesses located in that district for fifteen (15) years commencing January 1, 2009, subject to conditions as specified, and making environmental findings. The Clerk of the Board announced the tabulations of the Tourism Improvement District. Voting For - 29.02% Voting Against - 23.56% Supervisor Mirkarimi, seconded by Supervisor Dufty, 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, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ADOPTED AS AMENDED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chu, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty Excused: 1 - Elsbernd SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Dufty, seconded by Supervisor Alioto-Pier, 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, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor Dufty introduced, welcomed, and presented a Certificate of Honor to Dr. Sang Mook Lee. Supervisor Alioto-Pier introduced, welcomed and presented a Certificate of Honor to Ms. Robin Krop. Supervisor Peskin introduced, welcomed and presented a Certificate of the Honor to the Honorable Judge Quentin L. Kopp and former Member of the Board of Supervisors in recognition of his efforts in the passage of the Prop 1A a high speed rail for the State of California. Supervisors Peskin, Dufty, Daly, McGoldrick, Elsbernd, Mirkarimi, Chu, Campos and Maxwell recognized Supervisor Sandoval for his past 8 years of service as a Member of the Board of Supervisors as he leaves to become a Superior Court Judge in San Francisco. SPECIAL ORDER 4:00 P.M. 081432 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 2655 Scott Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated September 16, 2008, that a project at 2655 Scott Street (Building Permit Application No. 2007.04.18.9061, Case No. 2008.0492D) is exempt from environmental review under Categorical Exemption [State CEQA Guidelines Section 15301 (Class One - Minor Alteration of Existing Facility)]. The proposal would add a vertical addition (partial 4th floor) and fire escapes to a single-family residence in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District (Assessor's Block 0960, Lot 0010). (Appellants: Stephen M. Williams on behalf of Thomas and Annabel Yasuda) (Filed November 10, 2008; companion to Files 081433, 081434, 081435; District 2.) The President inquired as to whether any member of the public wished to address the Board. Pam Ellington; support of the appellant Female speaker; support of the appellant Nannie Turrell and other staff of the Planning Department reviewed with the Board the Planning Department's recommendations. James Rueben; Attorney for the project sponsor Lewis Butler; support of the project sponsor Vincent Marsh and Stephen Williams - Rebuttal Period for the Appellant The President declared the public hearing closed. FILED. Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Categorical Exemption from Environmental Review 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.) 081433 [Affirming the categorical exemption issued for the 2655 Scott Street project] Motion affirming the determination by the Planning Department that the 2655 Scott Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081434 [Disapproving the categorical exemption issued for the 2655 Scott Street project] Motion disapproving the determination by the Planning Department that the 2655 Scott Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Alioto-Pier requested that this matter be referred back to the Planning Department for further review. Enacted Number: M08-190 Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081435 [Preparation of findings related to the 2655 Scott Street project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 2655 Scott Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Enacted Number: M08-189 Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval SPECIAL ORDER 4:00 P.M. 081486 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 1864-1868 Green Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated April 8, 2008, Case No. 2007.0591E, exempting from environmental review under Categorical Exemption, Class 1 (State CEQA Guidelines Section 15301). The proposal would construct a three-story rear yard addition to an existing three-story over basement three-unit residential structure and install a garage in the existing basement, which would require raising the building by 20 inches at property (Assessor's Block 0543, Lot 015) located in a RH-3 (Residential House District, Three-Family) and a 40-X Height and Bulk District. (Appellant: Stephen M. Williams on behalf of Ben and Susan Lee) (Filed 11/17/08; Companion measure to 081487, 081488, 081489; District 2.) The President inquired as to whether any member of the public wished to address the Board. President informed the Board Members that the appellant had withdrawn the appeal. The President declared the public hearing closed. Heard at a public hearing. FILED. Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Categorical Exemption from Environmental Review 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.) 081487 [Affirming the categorical exemption issued for the 1864-1868 Green Street project] Motion affirming the determination by the Planning Department that the 1864-1868 Green Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081488 [Disapproving the categorical exemption issued for the 1864-1868 Green Street project] Motion disapproving the determination by the Planning Department that the 1864-1868 Green Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081489 [Preparation of findings related to the 1864-1868 Green Street project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 1864-1868 Green Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval SPECIAL ORDER 4:30 P.M. 081530 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 2626 Filbert Street] Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated August 26, 2008, that a project at 2626 Filbert Street (Case No. 2007.1478E), is exempt from environmental review under Categorical Exemption, Classes 1 and 3 [State CEQA Guidelines Sections 15301(1)(1) and 15303(a)]. The proposal would demolish an existing building and construct a new three-story-over-basement single-family residence with two off-street parking spaces located at the ground floor in an RH-1 (Residential House, One-Family) District, and a 40-X Height and Bulk District (Assessor's Block 0943, Lot 003B). (Appellants: Brooke Sampson and Lori Brooke on behalf of the Cow Hollow Association, Inc.) (Filed November 21, 2008; companion to Files 081531, 081532, 081533; District 2.) The President inquired as to whether any member of the public wished to address the Board. Paige Sortley, Attorney for the applicant Female speaker; support of the appellant Terry Doherty; support of the appellant Richard McRee; spoke in favor of green buildings Robert Shoestein; support of the appellant Michael Jacinto and other staff of the Planning Department reviewed with the Board the Planning Department's recommendation. Andrew Junius, Attorney for the project sponsor Christopher Plank; Architect for the project sponsor Male speaker; support of the project sponsor Michael Perry; support of the project sponsor Leticia Kim; support of the project sponsor Male speaker; support of the project sponsor Alexander Lloyd; support of the project sponsor Paige Sortley, Attorney for the appellant - Rebuttal Period The President declared the public hearing closed. Heard at a public hearing. FILED. Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Categorical Exemption from Environmental Review 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.) 081531 [Affirming the categorical exemption issued for the 2626 Filbert Street project] Motion affirming the determination by the Planning Department that the 2626 Filbert Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty 081532 [Disapproving the categorical exemption issued for the 2626 Filbert Street project] Motion disapproving the determination by the Planning Department that the 2626 Filbert Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Alioto-Pier requested that this matter be referred back to the Planning Department for review and make an evaluation with the new information providing during the hearing. Enacted Number: M08-188 Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty 081533 [Preparation of findings related to the 2626 Filbert Street project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 2626 Filbert Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) Enacted Number: M08-187 Supervisor Alioto-Pier, seconded by Supervisor McGoldrick, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chu, Daly, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty COMMITTEE REPORTS 081503 [Approval of Fifth Amendment to the Management Agreement for Moscone Convention Center] Supervisors Chu, Peskin, Dufty Resolution approving and authorizing the City Administrator to enter into a Fifth Amendment to the Management Agreement for Moscone Convention Center. Enacted Number: 529-08 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Peskin, Sandoval Noes: 2 - Campos, Mirkarimi 081576 [Prevailing wages for (1) workers doing janitorial services and (2) workers in public off-street parking lots, garages, or auto storage facilities.] Resolution fixing prevailing wage rates for (1) workers performing work under City contracts for janitorial services; (2) workers performing work in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City. (Civil Service Commission) Enacted Number: 535-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 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 and setting administrative penalties. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081564 [Administrative Code - Amendment to Large Tourist Hotel Conversion Ordinance] Supervisor Peskin Ordinance amending Administrative Code Chapter 41F to clarify the scope and implementation of the Large Tourist Hotel Conversion Ordinance, including minor edits to the definition of "Convert" and additional guidance regarding the conversion process for Large Tourist Hotel Rooms, and making required findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081398 [Agreement to modify an existing Municipal Railway Easement for the J-Church line] Supervisor Dufty Resolution approving and authorizing agreements for the modification of an existing MUNI easement in exchange for fee interest in a portion of the original easement area and rail transit improvements for the J-Church line at 21st Street and Chattanooga Street; adopting findings that the agreements are exempt from Environmental Review and are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Executive Director/CEO of the San Francisco Municipal Transportation Agency and the Director of Property to execute documents and take certain actions in furtherance of this resolution. Enacted Number: 531-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081401 [Street Name Change to Timothy Pflueger Place] Supervisor Peskin Resolution changing the name of Chelsea Place in the downtown district to "Timothy Pflueger Place," in recognition of Timothy Pflueger's many contributions to the City of San Francisco. Enacted Number: 533-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081502 [Preferred Alternative for the South Access for the Golden Gate Bridge: Doyle Drive Project] Supervisor McGoldrick Resolution approving the Preferred Alternative for the South Access for the Golden Gate Bridge: Doyle Drive Project. Enacted Number: 525-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081562 [Establishing City policy supporting Smart Grid technology and protocols for City electric systems] Supervisor Peskin Resolution establishing City policy supporting Smart Grid technology and protocols for City electric systems and urging the Public Utilities Commission to prepare a study to identify the most effective and economic means to implement smart grid technology. Enacted Number: 537-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval ROLL CALL FOR INTRODUCTIONS 081575 [Board of Supervisors Seniority] Lottery to determine the seniority of the new members of the Board of Supervisors to be scheduled at the Tuesday, December 16, 2009 Board meeting. (Clerk of the Board) The Clerk of the Board read the names of the Supervisors-elect, excluding Supervisor Campos, as he was previously appointed by the Mayor and will be first in seniority among the Supervisors elected on November 4, 2008. Each name was placed on a slip of paper and placed in an envelope and then placed them into a drum. One by one, the Deputy Clerk withdrew one envelope and the Clerk of the Board read the name. The following is the order in which the names were to read to determine the seniority order for the purposes of selecting office space, Chamber seat, parking space and compensated positions: Supervisor-elect Eric Mar Supervisor-elect John Avalos Supervisor-elect David Chiu FILED. 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 Ernestine Weiss; expressed concern with issues relating to renaming a park after Sue Bierman Carol McGruder; expressed an interest in receiving money from the State of California in an effort to fight against tobacco companies Richard McRee; expressed concern with issues relating to his patent for the Sigmund Stern Grove Walter; shared with the Board certain SF memorabilia Ms. Casey; showed support of Item 82 requesting California to establish a do not mail registry Linda Wells; showed support of Item 82 requesting California to establish a do not mail registry Dan Nelson; expressed opposition to Item 82 requesting California to establish a do not mail registry Dee Muddilin; expressed concern with issues relating to Lennar construction company Male speaker; showed support of Item 82 requesting California to establish a do not mail registry Male speaker; expressed concern with issues relating to dispatching of cabs Male speaker; shared with the Board his religious beliefs Male speaker; expressed opposition to Item 82 requesting California to establish a do not mail registry Mr. Soo; expressed opposition to Item 82 requesting California to establish a do not mail registry 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. 081567 [Commending Gerald H. Bibelheimer and his stellar work as a Social Worker throughout the City and County of San Francisco] Supervisor Dufty Resolution commending Gerald H. Bibelheimer and his stellar work as a Social Worker throughout the City and County of San Francisco for the past 20 years. Enacted Number: 543-08 ADOPTED 081568 [Resolution to commend the 5th Anniversary of the opening of the Noe Valley Farmers' Market] Supervisor Dufty Resolution to commend the 5th Anniversary of the opening of the Noe Valley Farmers' Market. Enacted Number: 544-08 ADOPTED 081570 [Honoring Scott Hall and the Gay American Heroes] Supervisors Dufty, Campos Resolution honoring Scott Hall and the Gay American Heroes Enacted Number: 545-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081571 [Supporting the public process in development of the master plan for Ocean Beach] Supervisors Chu, McGoldrick, Elsbernd Resolution supporting the public process of the development of the master plan for Ocean Beach. Enacted Number: 526-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081572 [Commemorating 65th anniversary of repeal of 1882 Chinese Exclusion Act] Supervisors Chu, Mirkarimi, Maxwell, Campos Resolution commemorating December 17, 2008 as the 65th Anniversary of the repeal of the 1882 Chinese Exclusion Act, which was the first significant restriction on free immigration in United States history. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 546-08 ADOPTED 081391 [Final Map - Hudson Avenue (No Situs)] Motion approving Final Map 5210, a 7 Lot Subdivision Project, located at Hudson Avenue (No Situs) being a subdivision of Lot 203 in Assessors Block No. 4711 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 177,959; District 10.) Enacted Number: M08-186 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 081573 [Approving an application form for Boards, Commissions and Committees and specifying a supplemental form for applicants to Reentry Council seats designated for former inmates] Supervisor Mirkarimi Motion approving use of designated application form for applicants to Boards, Commissions and Committees and specifying a supplemental application for those seeking the former inmates seats on Reentry Council to ascertain experiential qualifications and avoid unfair stigmatization of the formerly incarcerated applicants. Enacted Number: M08-185 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Campos, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Severed From the Without Committee Reference Agenda Supervisor Daly requested that this matter be severed so that it might be considered separately. 081569 [Honoring Rodel Rodis for sixteen years of service to City College of San Francisco] Supervisor Dufty Resolution honoring Rodel Rodis for sixteen years of service to City College of San Francisco. REFERRED to the Rules Committee. Supervisor Mirkarimi requested that this matter be severed so that it might be considered separately. 081526 [Requesting California establish a Do Not Mail Registry] Supervisors Mirkarimi, Dufty, Campos Resolution urging the California State Legislature to establish a Do Not Mail Registry. Supervisor Campos requested to be added as a co-sponsor. REFERRED to the City Operations and Neighborhood Services Committee by the following vote: Ayes: 6 - Alioto-Pier, Campos, Chu, McGoldrick, Mirkarimi, Peskin Noes: 3 - Daly, Elsbernd, Maxwell Absent: 2 - Dufty, Sandoval OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 081596 [Accept and Expend FY 08 Homeland Security Grant Program Grant and Amend Annual Salary Ordinance, FY 2008-2009 - $2,112,026] Supervisor Alioto-Pier Ordinance authorizing the Department of Emergency Management (DEM) to retroactively accept and expend a Homeland Security Grant Program grant in the amount of $2,112,026 from the United States Department of Homeland Security, through the California Governor's Office of Homeland Security, for disaster planning, and amending Ordinance No. 141-08 (Annual Salary Ordinance, FY 2008-2009) to reflect the addition of three grant-funded positions at the Controller's Office, Mayor's Office on Disability, and Animal Care and Control. 12/16/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081598 [Public Works Code - Appellate body for minor sidewalk encroachments] Supervisor Elsbernd Ordinance amending the Public Works Code Section 723.2 to change the appellate body for Minor Sidewalk Encroachment Permits from the Board of Supervisors to the Board of Permit Appeals. 12/16/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 1/15/2009. 081604 [Amending FY 2008-2009 Annual Salary Ordinance] Mayor Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance 2008-2009) to reflect the addition of the following four positions: one 5642 Senior Environmental Specialist (0.40 FTE); two 5640 Environmental Specialists (0.40 FTE each); and one 5638 Environmental Assistant (0.40 FTE) at the Department of the Environment. (Fiscal Impact.) 12/16/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081600 [Closing Potrero Power Plant, adopting clean energy goals, and updating the Electricity Resource Plan] Supervisor Maxwell Ordinance establishing City policy to take all feasible steps to close the entire Potrero Power Plant as soon as possible and urging the Public Utilities Commission to immediately prepare a plan to close the Potrero Power Plant; and establishing clean energy goals; and urging the Public Utilities Commission to update the Electricity Resource Plan. 12/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Resolutions 081569 [Honoring Rodel Rodis for sixteen years of service to City College of San Francisco] Supervisor Dufty Resolution honoring Rodel Rodis for sixteen years of service to City College of San Francisco. 12/9/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 12/16/08, REFERRED to Rules Committee. 081526 [Requesting California establish a Do Not Mail Registry] Supervisors Mirkarimi, Dufty, Campos Resolution urging the California State Legislature to establish a Do Not Mail Registry. 11/25/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 12/9/08, CONTINUED. Continued to December 16, 2008. 12/16/08, REFERRED to City Operations and Neighborhood Services Committee. Supervisor Campos requested to be added as a co-sponsor. 081599 [Accept and Expend Grant - US Department of Justice Office of Violence Against Women - $499,755] Supervisor Elsbernd Resolution authorizing the Mayor's Office of Community Investment (MOCI) to accept and expend a grant in the amount of $499,755 from the Department of Justice (DOJ), Office of Violence Against Women (OVW), FY2008 Enhanced Training and Services to End Violence Against and Abuse of Women Later in Life Program. 12/16/08, RECEIVED AND ASSIGNED to Public Safety Committee. 081601 [Accept Local Gift of Services - $430,000] Supervisor Maxwell Resolution authorizing the Port of San Francisco to accept a gift of services with an estimated value of $430,000 from the Copra Crane Labor Landmark Association, a non-profit organization, for the restoration and preservation of the Port of San Francisco's "Copra Crane," located at Pier 84. 12/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081602 [Transferring streetscape improvements along Fillmore Street from the SFRA to the City] Supervisor Mirkarimi Resolution terminating a Major Street Encroachment Permit and recognizing the termination of three Minor Street Encroachment Permits and Public Work Order No. 172,568, all pertaining to the installation and maintenance of streetscape improvements along portions of Fillmore Street between Post and McAllister Streets and transferring the ongoing maintenance responsibility for the streetscape improvements from the San Francisco Redevelopment Agency to the City in exchange for 1.8 million dollars. 12/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081603 [Redevelopment Agency Budget] Mayor, Supervisor Mirkarimi Resolution approving an amendment to the budget of the Redevelopment Agency of the City and County of San Francisco for fiscal year 2008-09 to reprogram $3,392,000 of funds budgeted for the Western Addition A2 Plan Area from the Muni Substation line item to the Western Addition A2 Revolving Loan Program line item in the amount of $2,492,000 to the Fillmore Jazz Preservation District Development Revolving Loan Program in the amount $500,000 and to a new Western Addition A2 property management line item in the amount of $400,000. (Fiscal Impact.) 12/16/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081606 [Accept-Expend Federal Grant for Oil Spill Response Planning - $30,965] Supervisor Chu Resolution authorizing the Department of Emergency Management (DEM) to accept and expend retroactively a grant in the amount of $30,965 from the California Department of Fish and Game for oil spill response planning, for the period July 1, 2008 through June 30, 2009. 12/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081607 [Accept and Expend State Grant - Port of San Francisco - $15,000] Supervisor Maxwell Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $15,000 from the California Department of Boating and Waterways, Abandoned Watercraft Abatement Fund for removal and demolition of abandoned recreational watercraft on the Port's waterfront. 12/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081613 [City actions on expiration of Western Addition A-2 Redevelopment Plan] Supervisor Mirkarimi Resolution urging various City actions upon the expiration of the Western Addition A-2 Redevelopment Plan to insure a smooth transition from the Redevelopment Agency to the City's jurisdiction. 12/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Request for Hearing 081593 [Relocation of the Kirkland Bus Yard from Fisherman's Wharf] Supervisor Alioto-Pier Hearing will consider the relocation or change in use of the Kirkland Bus Yard at Fisherman's Wharf. Specifically, the hearing will consider the MTA's plan for the yard, timeline for any changes and input of the neighbors. 12/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 081594 [Review the San Francisco Police Department's Traffic Stop Protocols] Supervisor Campos Hearing to review the San Francisco Police Department's Traffic Stop Protocols. 12/16/08, RECEIVED AND ASSIGNED to Public Safety Committee. 081595 [Management Positions] Supervisor Daly Hearing to review all new management positions created and filled since FY 2003, as well as the total number and percentage of managers included in the FY 2008-2009 mid-year lay-offs. 12/16/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Motions 081608 [Appointment to San Francisco Local Agency Formation Commission - Supervisor David Campos] Supervisor Mirkarimi Motion appointing Supervisor Campos for the unexpired portion of a four-year term ending February 20, 2011, to the San Francisco Local Agency Formation Commission. 12/16/08, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 081609 [Appointment, Historical Preservation Commission - Alan Martinez] Motion approving the Mayor's nomination for appointment of Alan Martinez to the Historical Preservation Commission, Seat No. 1, for a four-year term ending date to be determined. (Clerk of the Board) (Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 081610. Transmittal date - December 4, 2008.) 12/12/08, RECEIVED AND ASSIGNED to Rules Committee. 081610 [Appointment, Historical Preservation Commission - Alan Martinez] Motion rejecting the Mayor's nomination for appointment of Alan Martinez to the Historical Preservation Commission, Seat No. 1, for a four-year term ending date to be determined. (Clerk of the Board) (Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 081609. Transmittal date - December 4, 2008.) 12/12/08, RECEIVED AND ASSIGNED to Rules Committee. 081611 [Appointment, Historical Preservation Commission - Tammy Chan] Motion approving the Mayor's nomination for appointment of Tammy Chan to the Historical Preservation Commission, Seat No. 7, for a four-year term ending date to be determined. (Clerk of the Board) (Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 081612. Transmittal date - December 4, 2008.) 12/12/08, RECEIVED AND ASSIGNED to Rules Committee. 081612 [Appointment, Historical Preservation Commission - Tammy Chan] Motion rejecting the Mayor's nomination for appointment of Tammy Chan to the Historical Preservation Commission, Seat No. 7, for a four-year term ending date to be determined. (Clerk of the Board) (Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 081611. Transmittal date - December 4, 2008.) 12/12/08, RECEIVED AND ASSIGNED to Rules Committee. Charter Amendment 081597 [Rainy Day Reserve] Supervisor Daly Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Section 9.113.5, to allow the City to appropriate up to 100 percent of the current balance in the Rainy Day Reserve, not to exceed 20 percent of the projected deficit, in years in which a budgetary deficit of $250 million or more is projected. 12/16/08, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 1/15/2009. PROPOSED ORDINANCES 081395 [Settlement of Lawsuit - Denise Caicedo - $47,500.00] Ordinance authorizing settlement of the lawsuit filed by Denise Caicedo against the City and County of San Francisco for $47,500.00; the lawsuit was filed on September 22, 2006 in Superior, Case No. 456-426; entitled Denise Caicedo v. City and County of San Francisco, et al. (City Attorney) 11/24/08, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 081445 [Public Defender Requisition Request] Resolution granting the Office of the Public Defender's requisitions # P8023/1103021 and P8024/1103124. (Public Defender) 12/4/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. 081468 [Emergency contract to design and install new, compliant emergency electrical generation system at San Francisco General Hospital] Resolution approving an emergency public work contract under San Francisco Administrative Code section 6.60, to install a new, permanent emergency electrical generation system at San Francisco General Hospital. (Public Works Department) (Fiscal Impact.) 12/5/08, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted 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 locations: Phone Switch Boxes Northwest corner of O'Farrell and Ellis Northwest corner of Turk and Webster Northeast corner of Scott and Waller Northwest corner of Hayes and Webster Garbage Cans Southeast corner of Geary and Webster Northeast corner of McAllister and Webster Northwest corner of Buchanan and Haight Northwest corner of Fulton and Broderick Fire Hydrant Southeast corner of Haight and Webster 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: 2285 Turk 541 Haight 420 Haight 546 Haight 122 Webster 55 Laguna (UC Campus-Haight Street side) 440 Rose (cross street Webster) 478-482 Haight 99 Webster 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 locations: Metal Poles Northeast corner of McAllister and Webster Northeast corner of Waller and Fillmore Wood Poles Southwest corner of Waller and Webster Southwest corner of Oak and Webster Bus Shelters Southwest corner of Sutter and Laguna Fillmore and Haight, all four corners-graffiti and dirty Northeast corner of Fillmore and Hermann Mailboxes Northwest corner of Octavia and Haight Southwest corner of Oak and Webster Emergency Boxes Northwest corner of Turk and Pierce Southwest corner of Turk and Fillmore 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) Southeast corner of Fillmore and Haight San Francisco Chronicle Southeast corner of Haight and Fillmore Irving and 9th Avenue Irving and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic 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 Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore In Memoriams Al Furberg- Supervisor Dufty Arthur David Levitt - Supervisor Mirkarimi ADJOURNMENT There being no further business the Board adjourned at the hour of 6:53 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 January 27, 2009. 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