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Board of Supervisors Minutes: March 24, 2009

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PARSED FROM THE OFFICIAL MINUTES

Structured legislative records

58 files
Waiver of temporary street space occupancy fee on April 4, 2009 for Cesar E. Chavez Holiday Parade and Festival 2009

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SponsorsCampos

No recorded roll call was parsed for this item.

MOU, Amendment No. 1 - Freight Checkers, Clerical Employees & Helpers, Local 856 (Supervising Registered Nurses, Unit 11.B.)

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No recorded roll call was parsed for this item.

Massage Services in South of Market Residential/Service Mixed Use District

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SponsorsDaly, Dufty

No recorded roll call was parsed for this item.

Public Works Code - Appellate body for minor sidewalk encroachments

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SponsorsElsbernd

No recorded roll call was parsed for this item.

Settlement of Lawsuit - Antia Lelaind - $175,000

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No recorded roll call was parsed for this item.

Settlement of Lawsuit - Mark Boyd - $85,000

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Settlement of complaint before the Federal Energy Regulatory Commission and approval of Revised Procedures

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final-passageLIKELY FINAL

090172 [Settlement of complaint before the Federal Energy Regulatory Commission and approval of Revised Procedures] Ordinance authorizing settlement of proceedings before the Federal Energy Regulatory Commission in FERC Dockets No. ER05-516-000, et al, initiated by the City against Pacific Gas & Electric Company contesting costs and terms and conditions for the interconnection of City facilities under the Interconnection Agreement with PG&E and approving the Revised Procedures for interconnection of City facilities. (Public Utilities Commission) Enacted Number: 41-09 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Zoning - Ordinance amending the Planning Code to correct errors and omissions

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SponsorsMaxwell

continuance

reference Section 225 Wholesaling, Storage, Distribution and Open-Air Handling of Materials and Equipment instead of Section 255 which does not exist; 6) amend Appendix A to Article 10, List of Designated Landmarks to correct the number for certain Landmarks; and 7) amend each neighborhood commercial district and neighborhood commercial transit district to explicitly prohibit Amusement Enterprises as currently defined by Section 790.04, except NC-3 and NCT-3 where Amusement Enterprises would be reviewed as Conditional Use authorization per Section 303; making environmental findings; and findings of consistency with the City's General Plan and Planning Code Section 101.1. (Planning Department) Supervisor Elsbernd moved to divide the question relating to the proposed change to the height limit for property located at Block 3616, Lot 07. Supervisor Daly, seconded by Supervisor Campos, moved to table the remaining legislation without the proposed amendment. Supervisor Daly withdrew his motion to table the matter. Supervisor Daly, seconded by Supervisor Mirkarimi, moved to continue this matter to June 2, 2009. Motion to continue this matter to June 2, 2009 failed by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mirkarimi

Noes: None

Zoning Map Amendment - 2550 Mission Street

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SponsorsCampos

amendment

090381 [Zoning Map Amendment - 2550 Mission Street] Supervisor Campos Ordinance amending the San Francisco Zoning Map by amending the height district designation for property located at 2550 Mission Street, Assessor's Block 3616, Lot 007, between 21st and 22nd Streets to 65-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. Amended to include language relating to the height for property located at Block 3616, Lot 07 to correct the clerical error to reduce the height from "85 ft" to "65 ft." Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi

Noes: None

referral

The Clerk of the Board was directed to refer this matter to the Planning Department for review and comment. Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi

Noes: None

Solar Energy Incentive Program

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SponsorsMirkarimi, Campos, Mar

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090100 [Solar Energy Incentive Program] Supervisors Mirkarimi, Campos, Mar Ordinance amending the San Francisco Environment Code by amending Sections 18.3, 18.4, 18.6, 18.7-1, 18.7-2, 18.7-3, 18.7-4, and 18.7-6, and by repealing Section 18.7-7, to increase the incentives available to low-income and non-profit applicants under the Solar Energy Incentive Program and to make technical changes to program requirements. Supervisors Campos and Mar requested to be added as co-sponsors. Enacted Number: 42-09 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: None

other

Action text unavailable.

Ayes: None

Noes: Elsbernd

De-appropriating $1,000,000 of Power for Resale for use with the Solar Incentive Program at the Public Utilities Commission for Fiscal Year 2008-2009

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090140 [De-appropriating $1,000,000 of Power for Resale for use with the Solar Incentive Program at the Public Utilities Commission for Fiscal Year 2008-2009] Mayor, Supervisors Mirkarimi, Dufty, Mar Ordinance de-appropriating $1,000,000 of Power for Resale expenses and appropriating $1,000,000 for the Solar Incentive Program at the Public Utilities Commission for Fiscal Year 2008-2009, allowing $500,000 of low income/nonprofit funding to be utilized for the general GoSolarSF program, and amending San Francisco Environmental Code section 18.7-5. Supervisor Mar requested to be added as a co-sponsor. Enacted Number: 43-09 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Mar, Maxwell, Mirkarimi

Noes: None

Appropriating $16,500,000 of State Loans for West Marina Yacht Harbor Renovations in the Recreation and Park Department for Fiscal Year 2008-2009

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SponsorsAlioto-Pier

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090131 [Appropriating $16,500,000 of State Loans for West Marina Yacht Harbor Renovations in the Recreation and Park Department for Fiscal Year 2008-2009] Supervisor Alioto-Pier Ordinance appropriating $16,500,000 of loan funding from the California Department of Boating and Waterways for renovations of the West Harbor of the Marina Yacht Harbor in the Recreation and Park Department for Fiscal Year 2008-2009, and placing $15,000,000 on Controller's Reserve pending receipt of the funds from the State within six (6) months for the prior quarter's invoiced costs. Enacted Number: 44-09 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Recreation and Park Department - Water Use Efficiency and Recycled Water

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SponsorsMirkarimi, Maxwell, Campos, Mar

amendment

081400 [Recreation and Park Department - Water Use Efficiency and Recycled Water] Supervisors Mirkarimi, Maxwell, Campos, Mar Ordinance making environmental findings and amending San Francisco Park Code Article 3 by adding Section 3.19, to require the Recreation and Park Department to maximize water use efficiency and to use Recycled Water where available for Park irrigation needs. (Fiscal Impact.) Supervisors Campos and Mar requested to be added as co-sponsors. Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Public Employment - San Francisco's Local Agency Formation Commission (LAFCO)

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SponsorsMirkarimi, Mar

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081563 [Public Employment - San Francisco's Local Agency Formation Commission (LAFCO)] Supervisors Mirkarimi, Mar Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance 2008-2009) to reflect the addition of one position (.20 FTE) 9775L Senior Community Development Specialist II and one position (.20 FTE) 9770L Community Development Assistant to the Board of Supervisors (BOS). (Fiscal Impact.) Supervisor Mar requested to be added as a co-sponsor. Enacted Number: 50-09 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: None

Modifies the cap on the amount that an individual production can receive under the Film Rebate Program, eliminates partial rebate of hotel and sales tax

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SponsorsAlioto-Pier, Dufty

amendment

090024 [Modifies the cap on the amount that an individual production can receive under the Film Rebate Program, eliminates partial rebate of hotel and sales tax] Supervisors Alioto-Pier, Dufty Ordinance amending Administrative Code Section 57.8 by changing the cap on individual rebates from the total amount of taxes that the production paid to the City, to $600,000, modifying the definition of "qualified production cost" by eliminating fees and hotel and sales taxes from that definition. (Fiscal Impact.) Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

first-reading

Ordinance amending Administrative Code Section 57.8 by changing the cap on individual rebates from the total amount of taxes that the production paid to the City, to $600,000, modifying the definition of "qualified production cost" by eliminating fees and hotel and sales taxes from that definition, and requiring good faith efforts to hire disadvantaged individuals as a condition of receipt of a rebate. (Fiscal Impact.) PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

other

Action text unavailable.

Ayes: None

Noes: Daly

Approving a Zoning Map Amendment in association with the proposed Project at 420 29th Avenue

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first-reading

090077 [Approving a Zoning Map Amendment in association with the proposed Project at 420 29th Avenue] Ordinance amending Sheet ZN04 of the Zoning Maps of the City and County of San Francisco for the real property located at 420 29th Avenue (Assessor's Block 1460/Lot 015) and known as St. Peter's Church between Geary Boulevard and Clement Street, to reclassify the property from an RH-2 (Residential House, Two-Family) District to an RM-1 (Residential Mixed, Low Density) District, in order to permit the development of a proposed affordable housing project for developmentally disabled adults; and adopting General Plan, Planning Code, and environmental findings. (Planning Department) PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Mission Bay North-Acceptance of Blocks N4, N4A and N5 Public Infrastructure Improvements

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first-reading

090170 [Mission Bay North-Acceptance of Blocks N4, N4A and N5 Public Infrastructure Improvements] Ordinance accepting the Mission Bay Blocks N4, N4A and N5 Public Infrastructure Improvements on Berry Street Connector Road, King Street Frontage Road and portions of Berry Street and Fifth Street; designating street grades and sidewalk widths; accepting the Irrevocable Offers of the acquisition facilities for public use and maintenance purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code Section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 178,006; and authorizing official acts in connection with this ordinance. (Public Works Department) PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Mission Bay-Acceptance of 16th Street and Vermont Street Intersection Public Infrastructure Improvements

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first-reading

090171 [Mission Bay-Acceptance of 16th Street and Vermont Street Intersection Public Infrastructure Improvements] Ordinance accepting the 16th Street and Vermont Street Intersection Public Infrastructure Improvements; accepting the Irrevocable Offers of the acquisition facilities for public use and maintenance purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 178,016; and authorizing official acts in connection with this ordinance. (Public Works Department) PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Endorsing the Recommendations of the San Francisco Fair Lending Working Group

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SponsorsMaxwell, Campos

adoptionLIKELY FINAL

090284 [Endorsing the Recommendations of the San Francisco Fair Lending Working Group] Supervisors Maxwell, Campos Resolution endorsing the findings and recommendations contained in the final report of the San Francisco Fair Lending Working Group. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 96-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: None

other

Action text unavailable.

Ayes: None

Noes: Elsbernd

Committee of the Whole - Hearing on the proposed motion amending the Rules of Order of the Board of Supervisors by amending Rule 5.1

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SponsorsAvalos

No recorded roll call was parsed for this item.

Creating a subcommittee of the Budget and Finance Committee - Board of Supervisors

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SponsorsAvalos

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090348 [Creating a subcommittee of the Budget and Finance Committee - Board of Supervisors] Supervisor Avalos Motion amending the Rules of Order of the Board of Supervisors by amending Rule 5.1 to create a subcommittee of the Budget and Finance Committee. Enacted Number: M09-53 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

International Museum of Women

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SponsorsAlioto-Pier, Chu, Maxwell, Dufty, Mar, Campos

No recorded roll call was parsed for this item.

Timothy Pflueger Day - March 22, 2009

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SponsorsChiu, Campos

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Honoring Sandee Blechman for her thirteen years of dedicated service

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SponsorsDufty

No recorded roll call was parsed for this item.

Apply for Caltrans Transportation Planning Grant

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SponsorsMaxwell, Campos

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Accept and Expend Private Grant - Arts Commission - $5,000

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SponsorsMaxwell

No recorded roll call was parsed for this item.

Celebrating the Persian New Year Holiday of Nowruz and urging San Francisco's representatives in Congress to co-sponsor Congressperson Michael Honda's Nowruz Resolution

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SponsorsMirkarimi, Maxwell, Alioto-Pier, Dufty, Campos

No recorded roll call was parsed for this item.

Commending restaurants that have stopped serving foie gras

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SponsorsMirkarimi, Campos

adoptionLIKELY FINAL

090347 [Commending restaurants that have stopped serving foie gras] Supervisors Mirkarimi, Campos Resolution commending restaurants that have removed foie gras from their menus. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 97-09 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Adopting a proposed schedule of audits to be conducted of programs of City and County departments

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SponsorsMirkarimi

approvalLIKELY FINAL

090239 [Adopting a proposed schedule of audits to be conducted of programs of City and County departments] Supervisor Mirkarimi Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments. Enacted Number: M09-55 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Celebrating March 2009 as American Red Cross Month

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SponsorsDufty, Campos

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090341 [Celebrating March 2009 as American Red Cross Month] Supervisors Dufty, Campos Resolution celebrating March 2009 as American Red Cross Month. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 101-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Board waiver of committee reference requirement and convening as a Committee of the Whole on March 24, 2009, for purposes of considering an amendment to Board Rule 5.1, which would create a Supervisors Avalos, Elsbernd Motion suspending Rule 4.38 of the Rules of Order of the San Francisco Board of Supervisors to consider, without reference to committee, an amendment to Board Rule 5.1 which would create a subcommittee of the Budget and Finance Committee of the San Francisco Board of Supervisors; motion that the Board sit as a Committee of the Whole on March 24, 2009, for the purpose of considering the proposed amendment to Rule 5.1. Enacted Number: M09-54 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090342 [Recognizing freshwater as a human right and the importance of access to safe drinking water for all

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SponsorsAvalos, Elsbernd

approvalLIKELY FINAL

090349 [Board waiver of committee reference requirement and convening as a Committee of the Whole on March 24, 2009, for purposes of considering an amendment to Board Rule 5.1, which would create a Supervisors Avalos, Elsbernd Motion suspending Rule 4.38 of the Rules of Order of the San Francisco Board of Supervisors to consider, without reference to committee, an amendment to Board Rule 5.1 which would create a subcommittee of the Budget and Finance Committee of the San Francisco Board of Supervisors; motion that the Board sit as a Committee of the Whole on March 24, 2009, for the purpose of considering the proposed amendment to Rule 5.1. Enacted Number: M09-54 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Board of Supervisors to sit as a Committee of the Whole - March 31, 2009

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SponsorsMaxwell, Chiu

continuance

090350 [Board of Supervisors to sit as a Committee of the Whole - March 31, 2009] Supervisors Maxwell, Chiu Motion that the Board convenes as a Committee of the Whole on March 31, 2009, to consider Board of Supervisors File Number 090316, a hearing to discuss the Board's roles and responsibilities in the event of a City emergency. Supervisor Maxwell, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Commending officers of the Oakland Police Department who were killed in the line of duty

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SponsorsDufty, Chiu, Alioto-Pier, Avalos, Campos, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi

adoptionLIKELY FINAL

090359 [Commending officers of the Oakland Police Department who were killed in the line of duty] Supervisors Dufty, Chiu, Alioto-Pier, Avalos, Campos, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi Resolution honoring the public service of Oakland Police Department Officers John Hege, Mark Dunakin, Daniel Sakai and Ervin Romans on the occasion of their sacrifice in the line of duty. Enacted Number: 102-09 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Planning Code Amendment - Philanthropic Administrative Service Use; Zoning Map Amendment - 2503 Clay Street

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SponsorsAlioto-Pier

No recorded roll call was parsed for this item.

Waiver of Candle Permit Fee in Support of "Earth Hour San Francisco 2009"

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SponsorsAlioto-Pier

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Office Building After-Hours Lighting

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SponsorsChiu

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Building Code - Requiring Amended Certificates of Final Completion and Occupancy for Changes of Occupancy of Existing Buildings

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SponsorsMirkarimi

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Commending officers of the Oakland Police Department who were killed in the line of duty

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SponsorsDufty, Chiu, Alioto-Pier, Avalos, Campos, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi

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Amending PG&E Energy Conservation Revenue Contract

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Rebuild of St. Luke's Hospital - Evaluation of temporary hospital structure

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SponsorsAlioto-Pier, Maxwell

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Rebuild of St. Luke's Hospital

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SponsorsAlioto-Pier, Maxwell

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Supporting Assembly Bill 700, the Creative Industries and Community Revitalization Act

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SponsorsAvalos, Mirkarimi, Mar, Campos

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National Start! Walking Day - April 8, 2009

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SponsorsChiu, Campos

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Supporting Assembly Bill 1000, paid sick day legislation

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SponsorsDaly, Maxwell, Mar, Campos

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Accept and Expend Grant - Juvenile Probation Department - $25,000

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SponsorsElsbernd

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The Board of Supervisors endorsing and supporting the event "SF Youth Unity," a youth environmental summit and green block party

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SponsorsElsbernd

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Supporting Senate Bill 675, the Clean Technology and Renewable Energy Job Training, Career Education and Dropout Prevention Act

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SponsorsMar, Maxwell, Campos

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Accept and Expend Grant - American Recovery and Reinvestment Act of 2009 (ARRA)

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Rebuild of St. Luke's Hospital - Evaluation of Temporary Hospital Structure

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SponsorsAlioto-Pier, Maxwell

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Joint hearing of the Public Safety Committee of the Board of Supervisors and the Police Commission - San Francisco's City of Refuge Ordinance

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SponsorsCampos

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S.F. Police Department's procedures with respect to rallies or other First Amendment activities

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SponsorsCampos, Mirkarimi

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Public safety impact of budget cuts proposed by various departments

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SponsorsCampos

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Local Business Enterprises

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SponsorsChiu

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Programs available to homeless children and youth enrolled in SFUSD

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SponsorsElsbernd

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Climate Action Plan

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SponsorsMirkarimi

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Rescheduling the April 7, 2009 Board meeting to 10:00 am

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SponsorsChiu

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Approving office supplies contract over $10 million with Office Depot

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Agreement to Purchase an Access and Communication Easement in Tuolumne County

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City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, March 24, 2009 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors DAVID CHIU, PRESIDENT MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, ERIC MAR,SOPHIE MAXWELL, ROSS MIRKARIMI Members Present: Michela Alioto-Pier, John Avalos, David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell, Ross Mirkarimi. Members Excused: None. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:06 p.m. On the call of the roll all Supervisors were noted present. CONSENT AGENDA Recommendation of the Budget and Finance Committee 090275 [Waiver of temporary street space occupancy fee on April 4, 2009 for Cesar E. Chavez Holiday Parade and Festival 2009] Supervisor Campos Ordinance waiving the fee in Public Works Code Section 724.1(b) for temporary street space occupancy in certain blocks of 24th Street on Saturday, April 4, 2009 as part of Cesar E. Chavez Holiday Parade and Festival 2009. Enacted Number: 40-09 FINALLY PASSED Recommendation of the Government Audit and Oversight Committee 090230 [MOU, Amendment No. 1 - Freight Checkers, Clerical Employees & Helpers, Local 856 (Supervising Registered Nurses, Unit 11.B.)] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the Freight Checkers, Clerical Employees & Helpers, Local 856 (Supervising Registered Nurses, Unit 11.B.) by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011. Enacted Number: 45-09 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 081504 [Massage Services in South of Market Residential/Service Mixed Use District] Supervisors Daly, Dufty Ordinance amending the Planning Code by amending Section 803.4, Section 815, and Table 815 to allow a business operating as a full-service spa to provide massage services with a conditional use authorization; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Enacted Number: 49-09 FINALLY PASSED 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 Appeals. Enacted Number: 48-09 FINALLY PASSED Recommendations of the Rules Committee 090117 [Settlement of Lawsuit - Antia Lelaind - $175,000] Ordinance authorizing settlement of the lawsuit filed by Antia Lelaind against the City and County of San Francisco et al. for $175,000; the lawsuit was filed on September 22, 2006, in the United States District Court of the Northern District of California, Case No. C06-05870 MHP; entitled Antia Lelaind v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 46-09 FINALLY PASSED 090158 [Settlement of Lawsuit - Mark Boyd - $85,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Mark Boyd against the City and County of San Francisco for $85,000; 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) Enacted Number: 47-09 FINALLY PASSED 090172 [Settlement of complaint before the Federal Energy Regulatory Commission and approval of Revised Procedures] Ordinance authorizing settlement of proceedings before the Federal Energy Regulatory Commission in FERC Dockets No. ER05-516-000, et al, initiated by the City against Pacific Gas & Electric Company contesting costs and terms and conditions for the interconnection of City facilities under the Interconnection Agreement with PG&E and approving the Revised Procedures for interconnection of City facilities. (Public Utilities Commission) Enacted Number: 41-09 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Severed from the Consent Agenda Supervisor Campos requested that this matter be severed so that it might be considered separately. 081620 [Zoning - Ordinance amending the Planning Code to correct errors and omissions] Supervisor Maxwell Ordinance amending the Planning Code to correct errors including: 1) amend Section 140(a) to properly reference Sections 504 and 503 of the Housing Code instead of 501.4 and 501.1, respectively; 2) amend 151 to specify the number of required parking spaces per beds in hospital uses; 3) amend Section 209.8 to link exceptions to "if permitted in the nearest NC District" instead of C-1 and C-2; 4) amend Section 263.9 to properly reference Chart C instead of Chart B and to reference Section 271 instead of Section 270(4) which does not exist; 5) amend Sections 816.67 (SLR District), 817.67 (SLI District), and 818.67 (SSO District) to properly reference Section 225 Wholesaling, Storage, Distribution and Open-Air Handling of Materials and Equipment instead of Section 255 which does not exist; 6) amend Appendix A to Article 10, List of Designated Landmarks to correct the number for certain Landmarks; and 7) amend each neighborhood commercial district and neighborhood commercial transit district to explicitly prohibit Amusement Enterprises as currently defined by Section 790.04, except NC-3 and NCT-3 where Amusement Enterprises would be reviewed as Conditional Use authorization per Section 303; making environmental findings; and findings of consistency with the City's General Plan and Planning Code Section 101.1. (Planning Department) Supervisor Elsbernd moved to divide the question relating to the proposed change to the height limit for property located at Block 3616, Lot 07. Supervisor Daly, seconded by Supervisor Campos, moved to table the remaining legislation without the proposed amendment. Supervisor Daly withdrew his motion to table the matter. Supervisor Daly, seconded by Supervisor Mirkarimi, moved to continue this matter to June 2, 2009. Motion to continue this matter to June 2, 2009 failed by the following vote: Ayes: 5 - Avalos, Campos, Chiu, Daly, Mirkarimi Noes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Mar, Maxwell Enacted Number: 51-09 FINALLY PASSED by the following vote: Ayes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 5 - Avalos, Campos, Chiu, Daly, Mirkarimi 090381 [Zoning Map Amendment - 2550 Mission Street] Supervisor Campos Ordinance amending the San Francisco Zoning Map by amending the height district designation for property located at 2550 Mission Street, Assessor's Block 3616, Lot 007, between 21st and 22nd Streets to 65-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. Amended to include language relating to the height for property located at Block 3616, Lot 07 to correct the clerical error to reduce the height from "85 ft" to "65 ft." Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd The Clerk of the Board was directed to refer this matter to the Planning Department for review and comment. Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Budget and Finance Committee 090100 [Solar Energy Incentive Program] Supervisors Mirkarimi, Campos, Mar Ordinance amending the San Francisco Environment Code by amending Sections 18.3, 18.4, 18.6, 18.7-1, 18.7-2, 18.7-3, 18.7-4, and 18.7-6, and by repealing Section 18.7-7, to increase the incentives available to low-income and non-profit applicants under the Solar Energy Incentive Program and to make technical changes to program requirements. Supervisors Campos and Mar requested to be added as co-sponsors. Enacted Number: 42-09 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 1 - Elsbernd 090140 [De-appropriating $1,000,000 of Power for Resale for use with the Solar Incentive Program at the Public Utilities Commission for Fiscal Year 2008-2009] Mayor, Supervisors Mirkarimi, Dufty, Mar Ordinance de-appropriating $1,000,000 of Power for Resale expenses and appropriating $1,000,000 for the Solar Incentive Program at the Public Utilities Commission for Fiscal Year 2008-2009, allowing $500,000 of low income/nonprofit funding to be utilized for the general GoSolarSF program, and amending San Francisco Environmental Code section 18.7-5. Supervisor Mar requested to be added as a co-sponsor. Enacted Number: 43-09 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Daly, Elsbernd 090131 [Appropriating $16,500,000 of State Loans for West Marina Yacht Harbor Renovations in the Recreation and Park Department for Fiscal Year 2008-2009] Supervisor Alioto-Pier Ordinance appropriating $16,500,000 of loan funding from the California Department of Boating and Waterways for renovations of the West Harbor of the Marina Yacht Harbor in the Recreation and Park Department for Fiscal Year 2008-2009, and placing $15,000,000 on Controller's Reserve pending receipt of the funds from the State within six (6) months for the prior quarter's invoiced costs. Enacted Number: 44-09 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Government Audit and Oversight Committee 081400 [Recreation and Park Department - Water Use Efficiency and Recycled Water] Supervisors Mirkarimi, Maxwell, Campos, Mar Ordinance making environmental findings and amending San Francisco Park Code Article 3 by adding Section 3.19, to require the Recreation and Park Department to maximize water use efficiency and to use Recycled Water where available for Park irrigation needs. (Fiscal Impact.) Supervisors Campos and Mar requested to be added as co-sponsors. Supervisor Mirkarimi, seconded by Supervisor Mar, 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, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd 081563 [Public Employment - San Francisco's Local Agency Formation Commission (LAFCO)] Supervisors Mirkarimi, Mar Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance 2008-2009) to reflect the addition of one position (.20 FTE) 9775L Senior Community Development Specialist II and one position (.20 FTE) 9770L Community Development Assistant to the Board of Supervisors (BOS). (Fiscal Impact.) Supervisor Mar requested to be added as a co-sponsor. Enacted Number: 50-09 FINALLY PASSED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd NEW BUSINESS Recommendation of the Budget and Finance Committee 090024 [Modifies the cap on the amount that an individual production can receive under the Film Rebate Program, eliminates partial rebate of hotel and sales tax] Supervisors Alioto-Pier, Dufty Ordinance amending Administrative Code Section 57.8 by changing the cap on individual rebates from the total amount of taxes that the production paid to the City, to $600,000, modifying the definition of "qualified production cost" by eliminating fees and hotel and sales taxes from that definition. (Fiscal Impact.) Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Ordinance amending Administrative Code Section 57.8 by changing the cap on individual rebates from the total amount of taxes that the production paid to the City, to $600,000, modifying the definition of "qualified production cost" by eliminating fees and hotel and sales taxes from that definition, and requiring good faith efforts to hire disadvantaged individuals as a condition of receipt of a rebate. (Fiscal Impact.) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Recommendations of the Land Use and Economic Development Committee 090077 [Approving a Zoning Map Amendment in association with the proposed Project at 420 29th Avenue] Ordinance amending Sheet ZN04 of the Zoning Maps of the City and County of San Francisco for the real property located at 420 29th Avenue (Assessor's Block 1460/Lot 015) and known as St. Peter's Church between Geary Boulevard and Clement Street, to reclassify the property from an RH-2 (Residential House, Two-Family) District to an RM-1 (Residential Mixed, Low Density) District, in order to permit the development of a proposed affordable housing project for developmentally disabled adults; and adopting General Plan, Planning Code, and environmental findings. (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090170 [Mission Bay North-Acceptance of Blocks N4, N4A and N5 Public Infrastructure Improvements] Ordinance accepting the Mission Bay Blocks N4, N4A and N5 Public Infrastructure Improvements on Berry Street Connector Road, King Street Frontage Road and portions of Berry Street and Fifth Street; designating street grades and sidewalk widths; accepting the Irrevocable Offers of the acquisition facilities for public use and maintenance purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code Section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 178,006; and authorizing official acts in connection with this ordinance. (Public Works Department) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090171 [Mission Bay-Acceptance of 16th Street and Vermont Street Intersection Public Infrastructure Improvements] Ordinance accepting the 16th Street and Vermont Street Intersection Public Infrastructure Improvements; accepting the Irrevocable Offers of the acquisition facilities for public use and maintenance purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 178,016; and authorizing official acts in connection with this ordinance. (Public Works Department) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090284 [Endorsing the Recommendations of the San Francisco Fair Lending Working Group] Supervisors Maxwell, Campos Resolution endorsing the findings and recommendations contained in the final report of the San Francisco Fair Lending Working Group. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 96-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 1 - Elsbernd Board of Supervisors Sitting as a Committee of the Whole 090351 [Committee of the Whole - Hearing on the proposed motion amending the Rules of Order of the Board of Supervisors by amending Rule 5.1] Supervisor Avalos Hearing to discuss the proposed motion amending the Rules of Order of the Board of Supervisors by amending Rule 5.1 to create a subcommittee of the Budget and Finance Committee. The President inquired as to whether any member wished to address the Board members. There were none. The President declared the public hearing closed. FILED. 090348 [Creating a subcommittee of the Budget and Finance Committee - Board of Supervisors] Supervisor Avalos Motion amending the Rules of Order of the Board of Supervisors by amending Rule 5.1 to create a subcommittee of the Budget and Finance Committee. Enacted Number: M09-53 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Alioto-Pier welcomed, introduced and presented Certificates of Honor to members of Liuna! Local 261, Nikki Mixon, Terry McDevitt, Edison Fincher, Adrian Field, Theresa Foglio and Joan Vellutini in recognition of their outstanding service to the City and County of San Francisco. Supervisor Dufty welcomed, introduced and presented Certificates of Honor to members of the American Red Cross in appreciation for their service to the City and County of San Francisco. Supervisor Campos welcomed, introduced and presented Certificates of Honor to members of Bernal Heights Neighborhood Center, Joseph Smooke and Kevin Kitchingham, in recognition of their 30th Anniversary. ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. Abdullah Megaheed; expressed concern with issues relating to the decrease in tourism due to the homeless situation in San Francisco James Chaffee; expressed concern with issues relating to the SF Public Library Walter; shared in song certain issues with the Board Male speaker; expressed concern with issues relating to the financial and economic crisis Anastasia; expressed concern with issues relating to the financial and economic crisis Marvin; expressed concern with issues relating to the financial and economic crisis Male speaker; expressed concern with issues relating financial and economic crisis Philip Gary; expressed support for Item 31 relating to the resolution commending restaurants that have stopped serving foie gras Lori Back; expressed support for Item 31 relating to the resolution commending restaurants that have stopped serving foie gras Female speaker; expressed support for Item 31 relating to the resolution commending restaurants that have stopped serving foie gras Ryan Luker; expressed support for Item 31 relating to the resolution commending restaurants that have stopped serving foie gras Marcus Lucero; expressed support for Item 31 relating to the resolution commending restaurants that have stopped serving foie gras Peter Warfield; expressed concern with issues relating to the Park Library renovations John Di Donna; expressed concern with issues relating to the deaths of soldiers dying in the Iraq War Dr. Elliot Katz; expressed support for Item 31 relating to the resolution commending restaurants that have stopped serving foie gras Male speaker; expressed concern with issues relating to the Shelter Monitoring Committee Male speaker; expressed concern with issues relating to illegal immigrants 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. 090338 [International Museum of Women] Supervisors Alioto-Pier, Chu, Maxwell, Dufty, Mar, Campos Resolution urging the City and County of San Francisco to aid the International Museum of Women in their efforts to secure a permanent physical location in San Francisco to display their exhibitions and to educate and enrich those who visit. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 95-09 ADOPTED 090339 [Timothy Pflueger Day - March 22, 2009] Supervisors Chiu, Campos Resolution proclaiming March 22, 2009, to be Timothy Pflueger Day in San Francisco. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 99-09 ADOPTED 090343 [Honoring Sandee Blechman for her thirteen years of dedicated service] Supervisor Dufty Resolution honoring Sandee Blechman for her thirteen years of dedicated service to the Jewish Community Center of San Francisco. Enacted Number: 98-09 ADOPTED 090344 [Apply for Caltrans Transportation Planning Grant] Supervisors Maxwell, Campos Resolution authorizing the San Francisco Planning Department to apply for a planning grant from the California Department of Transportation (Caltrans) for the purpose of conducting a community design process for Cesar Chavez Street. Enacted Number: 76-09 ADOPTED 090345 [Accept and Expend Private Grant - Arts Commission - $5,000] Supervisor Maxwell Resolution authorizing the Arts Commission of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $5,000 from the Cynthia Woods Mitchell Fund for Historic Interiors (a fund of the National Trust for Historic Preservation) for the Bayview Opera House Renovation and Restoration Project. Enacted Number: 100-09 ADOPTED 090346 [Celebrating the Persian New Year Holiday of Nowruz and urging San Francisco's representatives in Congress to co-sponsor Congressperson Michael Honda's Nowruz Resolution] Supervisors Mirkarimi, Maxwell, Alioto-Pier, Dufty, Campos Resolution celebrating the Persian New Year Holiday of Nowruz and urging San Francisco's representatives in Congress to co-sponsor Congressperson Michael Honda's Nowruz Resolution. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 103-09 ADOPTED 090347 [Commending restaurants that have stopped serving foie gras] Supervisors Mirkarimi, Campos Resolution commending restaurants that have removed foie gras from their menus. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 97-09 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Severed from the For Adoption Without Committee Reference Supervisor Mirkarimi requested that this matter be severed so that it might be considered separately. 090239 [Adopting a proposed schedule of audits to be conducted of programs of City and County departments] Supervisor Mirkarimi Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments. Enacted Number: M09-55 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Dufty requested that this matter be severed so that it might be considered separately. 090341 [Celebrating March 2009 as American Red Cross Month] Supervisors Dufty, Campos Resolution celebrating March 2009 as American Red Cross Month. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 101-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090349 [Board waiver of committee reference requirement and convening as a Committee of the Whole on March 24, 2009, for purposes of considering an amendment to Board Rule 5.1, which would create a Supervisors Avalos, Elsbernd Motion suspending Rule 4.38 of the Rules of Order of the San Francisco Board of Supervisors to consider, without reference to committee, an amendment to Board Rule 5.1 which would create a subcommittee of the Budget and Finance Committee of the San Francisco Board of Supervisors; motion that the Board sit as a Committee of the Whole on March 24, 2009, for the purpose of considering the proposed amendment to Rule 5.1. Enacted Number: M09-54 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090342 [Recognizing freshwater as a human right and the importance of access to safe drinking water for all] Supervisors Dufty, Campos, Daly Resolution recognizing freshwater as a human right and the importance of access to safe drinking water for all. Supervisor Campos requested to be added as a co-sponsor. REFERRED to the City Operations and Neighborhood Services Committee. Supervisor Maxwell requested that this matter be severed so that it might be considered separately. 090350 [Board of Supervisors to sit as a Committee of the Whole - March 31, 2009] Supervisors Maxwell, Chiu Motion that the Board convenes as a Committee of the Whole on March 31, 2009, to consider Board of Supervisors File Number 090316, a hearing to discuss the Board's roles and responsibilities in the event of a City emergency. Supervisor Maxwell, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Dufty, seconded by Supervisor Campos, moved ADOPTION of the purely commendatory act finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi [Brown Act Finding] Motion that the Board find by roll call vote that for the resolution(s) being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Dufty, seconded by Supervisor Campos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090359 [Commending officers of the Oakland Police Department who were killed in the line of duty] Supervisors Dufty, Chiu, Alioto-Pier, Avalos, Campos, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi Resolution honoring the public service of Oakland Police Department Officers John Hege, Mark Dunakin, Daniel Sakai and Ervin Romans on the occasion of their sacrifice in the line of duty. Enacted Number: 102-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 090367 [Planning Code Amendment - Philanthropic Administrative Service Use; Zoning Map Amendment - 2503 Clay Street] Supervisor Alioto-Pier Ordinance amending the San Francisco Planning Code by adding Section 790.107 to define a Philanthropic Administrative Service Use and by adding 718.85 to the Zoning Control Table in Section 718 to authorize a Philanthropic Administrative Service Use as a permitted use in the Upper Fillmore Street Neighborhood Commercial District; amending Sheet ZN02 of the Zoning Maps of the City and County of San Francisco to change the zoning for Assessor's Block 0630, Lot 032 (2503 Clay Street) from RH-2 to NCD; adopting findings, including environmental findings, Section 301 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. 3/24/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/24/2009. 090368 [Waiver of Candle Permit Fee in Support of "Earth Hour San Francisco 2009"] Supervisor Alioto-Pier Ordinance waiving candle permit fee under Fire Code Section 112-A for entities who apply for a permit for a one-time basis in order to participate in "Earth Hour San Francisco 2009" on March 28, 2009 and use candles pre-approved by the San Francisco Fire Department. 3/24/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090369 [Office Building After-Hours Lighting] Supervisor Chiu Ordinance amending the San Francisco Environment Code by adding a new Chapter 9 to conserve electricity by prohibiting commercial buildings from lighting unoccupied interior spaces after business hours; and to make environmental findings. 3/24/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/24/2009. 090227 [Building Code - Requiring Amended Certificates of Final Completion and Occupancy for Changes of Occupancy of Existing Buildings] Supervisor Mirkarimi Ordinance amending the San Francisco Building Code by amending Section 109A to provide that an Amended Certificate of Final Completion and Occupancy shall be issued for an existing building where there is an increase in the number of legal dwelling units resulting in a change of occupancy, and to require the Amended Certificate of Final Completion and Occupancy to include a reference to the date of the first certificate of occupancy and any subsequent certificates of occupancy that have been issued for the building. 2/24/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/26/2009. 3/2/09 - Referred to the Building Inspection Commission and the Small Business Commission for review and comment. 3/3/09, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review. 3/5/09, REFERRED TO DEPARTMENT. Referred to Planning Commission for public hearing and recommendation. 3/11/09, RESPONSE RECEIVED. Non-physical per CEQA Guidelines Section 15060 (c)(2). 3/24/09, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title. 3/24/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/23/2009. The due date for 30 day rule was reset as the substituted legislation is significantly different from the original legislation as advised by the City Attorney's Office. Resolutions 090359 [Commending officers of the Oakland Police Department who were killed in the line of duty] Supervisors Dufty, Chiu, Alioto-Pier, Avalos, Campos, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi Resolution honoring the public service of Oakland Police Department Officers John Hege, Mark Dunakin, Daniel Sakai and Ervin Romans on the occasion of their sacrifice in the line of duty. 3/24/09, ADOPTED. 090370 [Amending PG&E Energy Conservation Revenue Contract] Mayor Resolution authorizing the Department of the Environment to amend a revenue contract with Pacific Gas and Electric Company ("PG&E") to add up to $ 3,700,000 and to further amend such contract up to an additional $3,000,000 to continue the Partnership Program between PG&E and the City and County of San Francisco for the Energy Use and Demand Reduction through Energy Efficiency Program. (Fiscal Impact.) 3/24/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090371 [Rebuild of St. Luke's Hospital - Evaluation of temporary hospital structure] Supervisors Alioto-Pier, Maxwell Resolution urging the California Pacific Medical Center to evaluate the concept of building a temporary hospital while constructing the rebuild of St. Luke's Hospital. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090372 [Rebuild of St. Luke's Hospital] Supervisors Alioto-Pier, Maxwell Resolution urging the Planning Department and the Historic Preservation Commission to evaluate the historic integrity of the 1912 building on the St. Luke's campus and to determine whether or not the 1912 building might be a historic resource under the California Environmental Quality Act. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090373 [Supporting Assembly Bill 700, the Creative Industries and Community Revitalization Act] Supervisors Avalos, Mirkarimi, Mar, Campos Resolution supporting Assembly Bill 700, the Creative Industries and Community Revitalization Act; supporting creation of the Creative Industries and Community Economic Revitalization Fund; and urging passage of Assembly Bill 700 in the current legislative session. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090374 [National Start! Walking Day - April 8, 2009] Supervisors Chiu, Campos Resolution proclaiming April 8, 2009, as "National Start! Walking Day" in San Francisco. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090375 [Supporting Assembly Bill 1000, paid sick day legislation] Supervisors Daly, Maxwell, Mar, Campos Resolution declaring support of Assembly Bill 1000 (Ma) that would provide California workers with earned paid sick days. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090376 [Accept and Expend Grant - Juvenile Probation Department - $25,000] Supervisor Elsbernd Resolution authorizing the Juvenile Probation Department to accept and expend a grant in the amount of $25,000 from the Annie E. Casey Foundation for continuing support of the juvenile justice reform activities at the Juvenile Probation Department. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090377 [The Board of Supervisors endorsing and supporting the event "SF Youth Unity," a youth environmental summit and green block party] Supervisor Elsbernd Resolution urging the Board of Supervisors to endorse and support the event "SF Youth Unity", a youth environmental summit and green block party. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090378 [Supporting Senate Bill 675, the Clean Technology and Renewable Energy Job Training, Career Education and Dropout Prevention Act] Supervisors Mar, Maxwell, Campos Resolution supporting Senate Bill 675, the Clean Technology and Renewable Energy Job Training, Career Education and Dropout Prevention Act. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090380 [Accept and Expend Grant - American Recovery and Reinvestment Act of 2009 (ARRA)] Mayor, Supervisors Elsbernd, Chiu, Chu Resolution authorizing the filing of an application for Federal American Recovery and Reinvestment Act of 2009 (ARRA) funding, stating the assurance to complete the project, and authorizing the Director of Public Works to accept and expend Federal grant funds. 3/24/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Request for Hearings 090360 [Rebuild of St. Luke's Hospital - Evaluation of Temporary Hospital Structure] Supervisors Alioto-Pier, Maxwell Hearing on the rebuild of St. Luke's Hospital and evaluation of temporary hospital structure. The hearing will explore the feasibility of a temporary hospital structure during the rebuild of St. Luke's Hospital. The hearing will call upon the California Pacific Medical Center to present its findings on the cost effectiveness of building a temporary hospital while keeping in mind the three core values adopted by the Blue Ribbon Panel to (1) maintain continuity of service; (2) to ensure low impact on the residents of the neighborhood and (3) to consider the "life cycle planning cost" which considers construction time, new care models, technology and flexibility. 3/24/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 090361 [Joint hearing of the Public Safety Committee of the Board of Supervisors and the Police Commission - San Francisco's City of Refuge Ordinance] Supervisor Campos Joint hearing of the Public Safety Committee and the San Francisco Police Commission on the San Francisco Police Department's (SFPD) implementation of and compliance with San Francisco's City of Refuge Ordinance. The hearing shall include a presentation and discussion of SFPD's interaction and coordination with the Department of Juvenile Probation. The hearing shall include a presentation by or discussion with the Department of Juvenile Probation. 3/24/09, RECEIVED AND ASSIGNED to Public Safety Committee. 090362 [S.F. Police Department's procedures with respect to rallies or other First Amendment activities] Supervisors Campos, Mirkarimi Hearing on the protocols, guidelines, and procedures that the San Francisco Police Department follows with respect to rallies, protests, demonstrations, or other First Amendment activities. 3/24/09, RECEIVED AND ASSIGNED to Public Safety Committee. 090363 [Public safety impact of budget cuts proposed by various departments] Supervisor Campos Hearing on the public safety impact of budget cuts proposed by various departments, including the Juvenile Probation Department, the Department of Children, Youth and their Families, and the Department of Public Health. 3/24/09, RECEIVED AND ASSIGNED to Public Safety Committee. 090364 [Local Business Enterprises] Supervisor Chiu Hearing for the Human Rights Commission to present to the Board of Supervisors current data on the number, dollar value, and type of contracts awarded to Local Business Enterprises as required by Administrative Code Section 14B.15. 3/24/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 090365 [Programs available to homeless children and youth enrolled in SFUSD] Supervisor Elsbernd Hearing to review programs for and services available to homeless children and youth enrolled in San Francisco Unified School District (SFUSD). Hearing will address current collaboration between the city, school district, and community partners to provide services for these students and their families, and recommend ways to better coordinate in the future. Hearing will also address homeless children and youth living in San Francisco who are not enrolled in school. 3/24/09, RECEIVED AND ASSIGNED to City and School District Select Committee. 090366 [Climate Action Plan] Supervisor Mirkarimi Hearing before the Government Audit and Oversight Committee to receive and review the report prepared pursuant to the City's Climate Action Plan. 3/24/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Motion 090379 [Rescheduling the April 7, 2009 Board meeting to 10:00 am] Supervisor Chiu Motion rescheduling the April 7, 2009 regular meeting of the Board of Supervisors to begin at 10:00 am in the Board Chamber in City Hall on that day. 3/24/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. PROPOSED RESOLUTIONS 090254 [Approving office supplies contract over $10 million with Office Depot] Resolution approving the award of the City's new contract for office supplies to Office Depot (Contractor) and approving the contract's not-to-exceed amount of $17.5 million, pursuant to San Francisco Charter Section 9.118(b). (Office of Contract Administration) (Fiscal Impact.) 3/13/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090256 [Agreement to Purchase an Access and Communication Easement in Tuolumne County] Resolution approving and authorizing an agreement for the purchase of a perpetual, nonexclusive easement for access and installation of communications equipment in Tuolumne County (the "Easement"), for a purchase price of $9,600, to facilitate and implement the project to upgrade the Hetch Hetchy Communications System; adopting environmental findings and findings under San Francisco Planning Code Section 101.1; and authorizing the Director of Property and/or the General Manager of the San Francisco Public Utilities Commission to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Real Estate Department) 3/16/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Chiu To: City Attorney Requesting/Inquiring: Requesting that the City Attorney prepare a Motion that the Board of Supervisors convene in closed session on March 31, 2009 with the Mayor's Office and the Department of Human Resources concerning negotiations with Labor Unions representing City Workers. This closed session is permitted by Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) 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 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: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: On Divisadero between Geary and Eddy In front of 1472 McAllister From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations: Garbage Cans Southwest corner Divisadero & McAllister Southwest corner Divisadero & Geary Mailboxes Northeast corner Laguna & Fell From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the public property at the following locations: Utility Boxes Southwest Post & Scott Northeast corner Post & Steiner Northeast corner Baker & Turk Southeast corner Scott & Fillmore Southwest corner Broderick & Fulton In front of 1589 Haight Bus Shelters Southwest corner Pierce & McAllister Northwest corner Divisadero & Ellis Northeast McAllister & Buchanan Fillmore & Haight (all 4 bus stops) Emergency Boxes Southeast corner Page & Steiner Northeast corner Divisadero & Page From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Pole In front of 1576 McAllister Northwest corner Steiner & Waller Southeast corner Divisadero & Page Northwest corner Fillmore & Haight (near bus shelter) From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following private property locations: 542 Haight 378 Fulton 999 Oak 598 Laguna (on the Linden Alley side) 1689 Fillmore 803 Fillmore 349 Fillmore 339 Fillmore 600 Page 601 Haight 500 Fillmore 573 Fillmore 279 Fillmore 926 Divisadero In Memoriams Buddy Summerfield - Entire Board Brent Ching - Entire Board Kristen Ching - Entire Board Heyley Ching - Entire Board Caleb Ching - Entire Board Dr. Erin Jacobson - Entire Board Amy Jacobson - Entire Board Taylor Jacobson - Entire Board Ava Jacobson - Entire Board Jude Jacobson - Entire Board Mike Pellen - Entire Board Dr. Vanessa Pullen - Entire Board Sydney Pullen - Entire Board Christopher Pullen - Entire Board Sgt. Daniel Sakai - Entire Board Officer John Hege - Entire Board Sgt. Mark Dunakin - Entire Board Sgt. Ervin Romans - Entire Board John Kanaley - Supervisors Elsbernd and Chu ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:01 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 April 21, 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) 554-4188 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383 Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293. Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909. Disability access The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals. Know Your Rights Under the Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine Lobbyist Registration and Reporting Requirements Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics