Board of Supervisors Minutes: April 7, 2009

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, April 7, 2009 10:00 AM 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 10:07 a.m. On the call of the roll Supervisors Maxwell and Mar were noted absent. Supervisor Maxwell was noted present at 10:09 a.m. Supervisor Mar was noted present at 10:15 a.m. There was a quorum present. CONSENT AGENDA Recommendations of the Land Use and Economic Development Committee 090178 [Zoning Map Amendments in connection with the Balboa Park Station Area Plan] Supervisors Avalos, Elsbernd Ordinance amending Sheets ZN11, ZN12, HT11, HT12 and SU12 of the City and County of San Francisco Zoning Map to revise use districts and height and bulk districts within the Balboa Park Station Area Plan and to delete the Ocean Avenue Fast Food Restricted Use Subdistrict in its entirety; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Economic Impact) Enacted Number: 59-09 FINALLY PASSED 090180 [Approving General Plan Amendments in connection with the Balboa Park Station Area Plan] Supervisors Avalos, Elsbernd Ordinance amending the San Francisco General Plan by the Balboa Park Station Area Plan and approving General Plan amendments to implement the aforementioned Plan by amending various General Plan Elements; making environmental findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1. (Economic Impact) Enacted Number: 60-09 FINALLY PASSED 090181 [Planning Code Amendments in connection with the Balboa Park Station Area Plan] Supervisors Avalos, Elsbernd Ordinance amending the San Francisco Planning Code by adding and amending various sections to implement the Balboa Park Station Area Plan, running the length of Ocean Avenue generally from Manor Drive to San Jose Avenue, including properties adjacent to Geneva Avenue from Ocean Avenue to San Jose Avenue and properties adjacent to San Jose Avenue from Mt. Vernon Avenue to Ocean Avenue, and including the City College of San Francisco Phelan campus and San Francisco Public Utilities Commission property adjacent to Phelan Avenue; adopting the Balboa Park Station Area Plan impact fee subject to certain restrictions; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Economic Impact) Enacted Number: 61-09 FINALLY PASSED 090179 [Balboa Park Station Area Plan - monitoring program] Supervisors Avalos, Elsbernd Ordinance amending the Administrative Code Chapter 10E to establish the Balboa Park Station Area Plan Monitoring Program for purposes of reviewing the effectiveness of the Balboa Park Station Area Plan and implementation of specified improvements; and adopting environmental findings. (Economic Impact) Enacted Number: 58-09 FINALLY PASSED Recommendations of the Rules Committee 090212 [Settlement of Lawsuit - State of California v. Foley, City and County of San Francisco, et al.] Ordinance authorizing settlement of the lawsuit filed by State of California, acting through the Department of Transportation ("Caltrans") against the City and County of San Francisco in exchange for the provision of an easement modification agreement relocating certain access rights and otherwise preserving the pre-existing easement rights of the City and County of San Francisco and making environmental findings; the lawsuit was filed on June 29, 2006 in Alameda County Superior Court, Case No. RG06277087, entitled State of California v. Foley, City and County of San Francisco, et al.; other material terms of said settlement are set forth in the Stipulation For Judgment in Condemnation and [Proposed] Judgment (and exhibits thereto), contained in Board of Supervisors File No. 090212. (City Attorney) Enacted Number: 56-09 FINALLY PASSED 090261 [Settlement of Lawsuit - Estenoz v. First American Title Insurance Company, et al.] Ordinance authorizing settlement of the lawsuit entitled Estenoz v. First American Title Insurance Company, et al., filed on November 26, 2007 by Ernesto Estenoz, Administrator With Will Annexed of the Estate of Guillermo Crosbie-Grimaldo, aka G. Crosbie-Grimaldo, aka Guillermo Crosbie, deceased, against the City and County of San Francisco, in San Francisco Superior Court Case No.CGC 07-469460; settlement in exchange for plaintiff's waiver of the right to appeal the order granting summary judgment and judgment entered thereon, and on such further terms set forth in the Settlement Agreement dated as of January 31, 2009, contained in Board of Supervisors File No. 090261, or as shall be negotiated and approved by the City Attorney's Office. (City Attorney) Enacted Number: 57-09 FINALLY PASSED PASS THE CONSENT AGENDA by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar Supervisor Daly, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. Motion to rescind the previous vote passed by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi. PASS THE CONSENT AGENDA by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the City Operations and Neighborhood Services Committee 090280 [Accept and Expend State Grant Funds - S.F. Recreation and Park Department - $157,000] Supervisor Dufty Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a Habitat Conservation Fund Grant administered by the California Department of Parks and Recreation in the amount of $157,000 for the Glen Canyon Islais Creek Restoration Project. Supervisor Dufty, seconded by Supervisor Elsbernd, 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, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ADOPTED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi NEW BUSINESS Recommendation of the Budget and Finance Committee 090296 [Ten Year Capital Expenditure Plan - FY 2010-2019] Mayor, Supervisor Chiu Resolution adopting the City's ten year capital expenditure plan for fiscal years 2010-2019. Enacted Number: 129-09 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Chu, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Daly, Elsbernd Recommendations of the Budget and Finance Subcommittee 090332 [Public Employment - San Francisco Employees' Retirement System] Mayor, Supervisor Elsbernd Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance, FY 2008-2009) to reflect the addition of one position: 0965 Department Head V (FTE 0.19) and the deletion of one position: 0964 Department Head IV (FTE 0.19) at the San Francisco Employees' Retirement System. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090336 [Appropriating $4,211,947 of Revenue and General Fund Reserve for the November 2008 and May 2009 elections in the Department of Elections for Fiscal Year 2008-2009] Mayor Ordinance appropriating $3,181,333 of State mandated cost reimbursement revenue, $79,597 of county candidate filing fee revenue, and $951,017 of General Fund Reserve, for a total appropriation of $4,211,947, for costs associated with the November 2008 General Election and May 2009 Special Election in the Department of Elections for Fiscal Year 2008-2009. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090330 [Issuance and Sale of Revenue Bonds - Westmont College - $122,500,000] Supervisor Mirkarimi Resolution approving the issuance and sale of revenue bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $122,500,000 to finance educational facilities owned and operated by the Westmont College. Enacted Number: 127-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendation of the Government Audit and Oversight Committee 081093 [Board of Supervisors response to the 2007-2008 Civil Grand Jury Report entitled "San Francisco Kindergarten Admissions: Back to the Drawing Board"] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2007-2008 Civil Grand Jury Report entitled "San Francisco Kindergarten Admissions: Back to the Drawing Board." Enacted Number: 119-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Land Use and Economic Development Committee 081249 [Inclusionary In Lieu Fees For Small Site Acquisition and Rehabilitation] Supervisor Daly Ordinance amending Planning Code Section 315.6 of the Residential Inclusionary Affordable Housing Program to provide that ten percent (10%) of in lieu fees paid under Section 315.6, not to exceed a maximum of $15 million at any one time, be designated exclusively for the acquisition and/or rehabilitation of affordable housing sites consisting of less than 25 units, and making findings including findings under CEQA. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090203 [Zoning Map Amendment - 401 - 421 Shields Street] Ordinance amending the San Francisco Planning Code by amending Sheet 12 of the Zoning Map of the City and County of San Francisco to change the zoning of the properties located at 401-421 Shields Street, Block 7074, Assessor's Lot Nos. 001, 046, 047, 048, from P (Public) to RH-1 (Residential, House Districts, Single-Family); adopting findings, including environmental findings and findings of consistency with the General Plan and Priorities of Planning Code Section 101.1(b). (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recess The Board recessed at the hour of 10:51 a.m. Reconvening of the Board The Board reconvened at the hour of 4:03 p.m. Calling the Roll On call of the roll, the following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi. Supervisors Alioto-Pier, Avalos, Daly, Mar were noted absent. There was a quorum present. SPECIAL ORDER 4:00 P.M. 090109 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 717 Battery Street/350 Pacific Avenue] Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated December 19, 2008, that a project at 717 Battery Street/350 Pacific Avenue (Case No. 2007.1460E) (Building Permit Application Nos. 2003.02.12.7271; 2005.04.21.0598 (UMB retrofit); and 2005.0321.8084 (two-story vertical addition)) is exempt from environmental review under Categorical Exemption, Class 32 [State CEQA Guidelines, Section 15332]. The proposal would add to and rehabilitate the Musto Building, to expand the existing office use and provide ground-floor commercial and restaurant space. The project site (Assessor's Block 0165, Lot 022) is within a C-2 (Community Business) Use District, and in a 65-A Height and Bulk District, and in a Special Use District-the Washington-Broadway Special Use District No. 2. (Appellant: Susan Brandt-Hawley on behalf of San Francisco Preservation Action.) (Filed January 30, 2009; Companion to Files 090110, 090111, 090112; District 3.) The President inquired as to whether any member of the public wished to address the Board members. There were none. The President declared the public hearing closed. Continued to May 12, 2009. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar (Only one of the following two motions should be approved.) 090110 [Affirming the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project] Motion affirming the determination by the Planning Department that the 717 Battery Street/350 Pacific Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. Continued to May 12, 2009. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar 090111 [Disapproving the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project] Motion disapproving the determination by the Planning Department that the 717 Battery Street/350 Pacific Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. Continued to May 12, 2009. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar 090112 [Preparation of findings related to the 717 Battery Street/350 Pacific Avenue 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 717 Battery Street/350 Pacific Avenue is exempt from environmental review under the California Environmental Quality Act. Continued to May 12, 2009. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar SPECIAL ORDER 4:00 P.M. 090264 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 429 Amador Street (Pier 92)] Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated September 8, 2008, that a project at 429 Amador Street (Pier 92) (Case No. 2008.1052E) is exempt from environmental review under Categorical Exemption, Class 1 [State CEQA Guidelines Section 15301(e)(2)]. The proposal would add a biodiesel operation to Darling International's existing facility that renders vegetable oils, fats and greases. The project site (Assessor's Block 4502A, Lot 002) is within the M-2 (Heavy Industrial) Zoning District and is within a 40-X Height and Bulk District. (Appelant: Deborah Behles, Kenneth Blackwood, and Cheryl Tang on behalf of Bayview Hunters Point Community Advocates.) (Filed February 25, 2009; Companion to Files 090265, 090266, 090267; District 10.) Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Hearing be TABLED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar (Only one of the following two motions should be approved.) 090265 [Affirming the Categorical Exemption issued for the 429 Amador Street (Pier 92) project] Motion affirming the determination by the Planning Department that the 429 Amador Street (Pier 92) project is categorically exempt from environmental review under the California Environmental Quality Act. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar 090266 [Disapproving the Categorical Exemption issued for the 429 Amador Street (Pier 92) project] Motion disapproving the determination by the Planning Department that the 429 Amador Street (Pier 92) project is categorically exempt from environmental review under the California Environmental Quality Act. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar 090267 [Preparation of findings related to the 429 Amador Street (Pier 92) 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 429 Amador Street (Pier 92) is exempt from environmental review under the California Environmental Quality Act. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 4 - Alioto-Pier, Avalos, Daly, Mar 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. James Chaffee; expressed concern with issues relating to the SF Public Library Walter; shared in song concern with general issues Mark Brumberg; expressed concern with issues relating to FDA budget adjustments 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. 090408 [Supporting the Clean Air for Children, Seniors, and Working Families Act] Supervisors Alioto-Pier, Mar, Campos Resolution urging the City and County of San Francisco to support Assembly Bill 622, the Clean Air for Children, Seniors, and Working Families Act. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 121-09 ADOPTED 090409 [Child Care Provider Recognition Day - April 26, 2009] Supervisors Avalos, Mar, Campos Resolution declaring April 26, 2009, to be San Francisco Child Care Provider Recognition Day. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 122-09 ADOPTED 090410 [Employee Free Choice Act] Supervisors Avalos, Campos Resolution affirming support for House Resolution 1409, the Employee Free Choice Act, and urging the United States Congress to pass the Employee Free Choice Act and protect and preserve, for America's workers, the freedom to choose for themselves whether and how to form a union to bargain for a better life. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 120-09 ADOPTED 090411 [Mary Risley and Tante Marie Day - April 26, 2009] Supervisors Chiu, Campos Resolution proclaiming April 26, 2009, as "Mary Risley and Tante Marie Day" in San Francisco. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 130-09 ADOPTED 090412 [Repeal Defense of Marriage Act] Supervisors Chiu, Dufty, Campos, Mirkarimi Resolution urging our California Congressional delegation to lead the fight to repeal the Federal "Defense of Marriage Act." Enacted Number: 126-09 ADOPTED 090413 [Donate Life Month - April] Supervisors Chu, Campos Resolution supporting April as Donate Life Month and urging all San Franciscans to participate in the Donate Life California Donor Drive. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 124-09 ADOPTED 090414 [Commending Zrich Mayor-Elect Corine Mauch] Supervisors Dufty, Campos Resolution honoring Corine Mauch on her historic election as the first woman and openly gay Mayor of the City of Zrich, Switzerland. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 123-09 ADOPTED 090357 [Final Map - 4800 3rd Street] Motion approving Final Map 5140, an 18 Residential Unit and 2 Commercial Unit Mixed-Use Condominium Project, located at 4800 3rd Street being a subdivision of Lot 045 in Assessors Block No. 5322 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 178,089; District 10.) Enacted Number: M09-63 APPROVED 090358 [Final Map - 4441 and 4445 Mission Street] Motion approving Final Map 5324, a 6 Residential Unit and 1 Commercial Unit Mixed-Use Condominium Project, located at 4441 and 4445 Mission Street being a subdivision of Lots 023A and 024 in Assessors Block No. 6013 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 178,097; District 11.) Enacted Number: M09-64 APPROVED 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 Agenda Supervisor Chu requested this matter be severed so that it may be considered separately. 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. Enacted Number: 118-09 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd 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 Alioto-Pier, seconded by Supervisor Dufty, moved ADOPTION of the purely commendatory 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. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Alioto-Pier, seconded by Supervisor Dufty, 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 090415 [Redmond Kernan Day] Supervisors Alioto-Pier, Dufty Resolution declaring April 7, 2009, as "Redmond Kernan Day" in the City and County of San Francisco. Supervisor Dufty requested to be added as a co-sponsor. Enacted Number: 128-09 Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be ADOPTED. The motion carried 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 090418 [Waiver of fee for temporary farmers' market in Noe Valley from April 14, 2009, through September 29, 2009] Supervisor Dufty Ordinance waiving the fees in San Francisco Business and Tax Regulations Code Sections 35 and 248 and in San Francisco Administrative Code Section 1.10-1 for a farmers' market to be held at 3950 24th Street from April 14, 2009, through September 29, 2009. 4/7/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090419 [Increasing prize limit for charitable bingo games] Supervisors Dufty, Avalos, Campos, Elsbernd Ordinance amending Section 3201 of the San Francisco Police Code to increase the maximum allowable prize for any charitable bingo game from $250 to $500, and to make nonsubstantive changes clarifying the applicability of requirements regarding the use of bingo proceeds. 4/7/09, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 5/7/2009. 090420 [India Basin Industrial Park, Special Use District Amendment] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by amending Section 249.42 to exempt the India Basin Industrial Park Special Use District from minimum off-street parking requirements; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 4/7/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/7/2009. 090421 [Administrative Code Revision to Allow Renewal of Contracts for Local Rent Supplement Program] Mayor Ordinance amending the Administrative Code by amending Chapter 24A "Administrative Structure Local Rent Supplement Program in the Office of the Mayor" by amending Section 24A.08 related to the definition of Qualified Tenant to delete an out-dated tenant eligibility requirement; and amending Section 24A.10 related to the Term of Contract to extend the term of Rent Supplement Contracts for 10 years beginning April 1, 2009. 4/7/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/7/2009. 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. 3/24/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/24/2009. 3/24/09, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 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." 3/24/09, REFERRED to Land Use and Economic Development Committee. The Clerk of the Board was directed to refer this matter to the Planning Department for review and comment. 3/26/09, REFERRED TO DEPARTMENT. Referred to Planning Commission for public hearing and recommendation; referred to Planning Department for environmental review. 3/26/09, CLERICAL CORRECTION. Clerical correction at page 1, line 4 after "for" insert "for property located at 2550 Mission Street," ; line 5, after "007" add "," and delete "on Mission Street". 4/7/09, SUBSTITUTED. Supervisor Campos submitted a substitute ordinance bearing same title. 4/7/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/24/2009. 090329 [Recreation and Park Department - Sharp Park] Supervisor Mirkarimi Ordinance amending San Francisco Park Code Article 3 by adding Section 3.20, to require the Recreation and Park Department to develop a plan, schedule and budget for restoring Sharp Park habitat for the California red-legged frog and the San Francisco garter snake in conformance with the requirements of the Endangered Species Act, and transferring Sharp Park to, or developing a joint management agreement with, the Golden Gate National Recreation Area and making environmental findings. (Fiscal Impact.) 3/17/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 3/24/09, TRANSFERRED to Government Audit and Oversight Committee. 3/24/09, REFERRED TO DEPARTMENT. Referred to Planning Department for Environmental Review. 03/24/09 - Response received from Planning Department. 3/24/09, REFERRED TO DEPARTMENT. Referred to the Recreation and Park Department for review and response. 4/7/09, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title. 4/7/09, ASSIGNED to Government Audit and Oversight Committee. 081404 [Mandatory Recycling and Composting] Mayor Ordinance amending the San Francisco Environment Code by adding Chapter 18, Sections 1801 through 1812, entitled "Mandatory Recycling and Composting Ordinance," amending the San Francisco Public Works Code by amending Section 173, and amending the San Francisco Health Code by amending Sections 291, 291.1, 291.2, 291.4, 291.7, 291.11, 291.12, 291.15, 291.17, and 293.1, and by repealing the current Section 291.16 and adding a new Section 291.16, all to: (1) require all persons located in San Francisco to separate recyclables, compostables and landfilled trash and participate in recycling and composting programs; (2) provide enforcement mechanisms and penalties for violations; (3) ensure that all properties subscribe to refuse collection service; and (4) authorize a Department of Public Health inspection fee of $167 per hour; and making environmental findings and setting an operative date. (Fiscal Impact.) 11/4/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/4/2008. 11/21/08, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review and Departments of Public Works and Environment for informational purposes. 12/11/08, RESPONSE RECEIVED. Non-phyical impact per CEQA Guidelines Section 15060. 4/7/09, SUBSTITUTED. Mayor Newsom submitted a substitute ordinance bearing new title. 4/7/09, ASSIGNED to Land Use and Economic Development Committee. Resolutions 090415 [Redmond Kernan Day] Supervisors Alioto-Pier, Dufty Resolution declaring April 7, 2009, as "Redmond Kernan Day" in the City and County of San Francisco. 4/7/09, ADOPTED. Supervisor Dufty requested to be added as a co-sponsor. 090424 [Approving the 2009 San Francisco Juvenile Justice Local Action Plan Update] Supervisor Avalos Resolution approving the 2009 San Francisco Juvenile Justice Local Action Plan which identifies the citywide programs and approaches that have been demonstrated to be effective in reducing violence, crime and delinquency amongst young adults ages 11 - 25 and includes recommendations for how funding for local violence prevention and intervention strategies will be allocated for the term of July 1, 2009 - June 30, 2010. 4/7/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. (Referred to the Youth Commission for comment and recommendation.) 090425 [Condolences to the people of Italy and those affected by the L'Aquila earthquake] Supervisors Alioto-Pier, Campos Resolution extending condolences and greatest sympathy to the people of Italy and those affected by the L'Aquila earthquake. 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090426 [Commending Dwayne Kinner] Supervisors Avalos, Campos Resolution commending and thanking Dwayne Kinner on the occasion of the 20th Anniversary of the Workers' Children's Fund Softball Tournament and for his hard work towards and dedication to enriching the lives of San Francisco's foster children. 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090427 [Solidarity with the workers of Hyatt Fisherman's Wharf and HEI Le Meridien Hotel] Supervisors Chiu, Avalos, Mirkarimi, Mar, Campos Resolution urging Hyatt Fisherman's Wharf and HEI Le Meridien Hotel to allow its workers to choose, free from delay and intimidation, whether to have a union through a card-check neutrality agreement. 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090428 [Condemning the persecution and murders of Lesbian Gay Bisexual Transgender (LGBT) Iraqi Citizens] Supervisors Dufty, Campos, Avalos, Mirkarimi Resolution calling on the U.S. Department of State to use all diplomatic channels to work with the Iraqi Government to stop the persecution of Iraqi Lesbian Gay Bisexual Transgender (LGBT) citizens and immediately stop the murders of Iraqi LGBT citizens. 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090429 [Urging Federal authorities to approve the citizenship of Shirley Tan and pass the Uniting American Families Act] Supervisors Dufty, Campos, Chiu, Mar Resolution urging Federal authorities to remove obstacles to United Citizenship for Shirley Tan, and urging the passage of the Uniting American Families Act (UAFA, H.R. 1024, S. 424). 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090442 [Armenian Genocide Commemoration Day] Supervisors Elsbernd, Campos, Dufty, Mirkarimi, Alioto-Pier, Daly, Avalos, Chu, Chiu, Mar, Maxwell Resolution declaring April 24, 2009, as Armenian Genocide Commemoration Day in San Francisco. 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090443 [Motion establishing Budget Analyst's 2009-2010 schedule of audits] Supervisor Mirkarimi Motion repealing Motion No. 09-55 and adopting a new schedule of audits to be conducted of programs of City and County departments. 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090444 [Supporting Assembly Bill 324, the Elder Economic Dignity Act of 2009] Supervisors Mirkarimi, Mar, Campos Resolution supporting the California State Assembly Bill 324, the Elder Economic Dignity Act of 2009 . 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090448 [Supporting Assembly Bill 560, Net Metering] Supervisors Mirkarimi, Campos Resolution supporting Assembly Bill 560 that would raise the cap on net metering, and possibly eliminate the cap entirely. 4/7/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 090417 [Water System Improvement Program (WSIP) Update] Supervisors Chu, Avalos Hearing request for a regular quarterly update from the Public Utilities Commission on the Water System Improvement Program (WSIP). Hearings should include information on projects completed to date, the corresponding costs for completed projects, and schedule and corresponding costs for upcoming projects. 4/7/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090422 [Community Development Block Grants (CDBG) Allocation] Supervisor Avalos Hearing on the Mayor's Preliminary Recommendations on the allocation of the Community Development Block Grants (CDBG). 4/7/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090423 [Peak Oil Task Force Report] Supervisor Mirkarimi Hearing before Government Audit and Oversight Committee to receive and consider the report and recommendations of the Peak Oil Task Force. 4/7/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 090446 [Hearing - Adopting the Redevelopment Plan for the Visitacion Valley Redevelopment Project] Hearing of persons interested in or objecting to proposed ordinance approving and adopting the Redevelopment Plan for the Visitacion Valley Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law; authorizing official acts in furtherance of this ordinance. (Clerk of the Board) 4/7/09, SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole on April 14, 2009 at 3:00 pm. Motions 090445 [Office of the Legislative Analyst Request - Owner Move In Evictions] Supervisors Mar, Campos Motion requesting the Legislative Analyst to research and obtain information on families with children who are evicted each year through the Owner Move In (OMI) eviction process; to work with all family service providers, eviction defense groups, landlord or apartment associations, and tenant groups to obtain data, hard numbers or anecdotal, that lend information to how many families face OMI evictions each year. We would also like to know how many families are threatened by OMI eviction and take relocation monies without reporting these evictions to the San Francisco Rent Board. 4/7/09, ASSIGNED to Board of Supervisors. Scheduled for Board consideration April 14, 2009. 090433 [Appointment, Golden Gate Bridge, Highway and Transportation District] Motion to consider appointing one member, seat 2, public at large, for term ending January 31, 2011, to the Golden Gate Bridge, Highway and Transportation District. 2 Applicants - Larry Mazzola, Jr.; David H. Snyder 2/3/09, RECEIVED AND ASSIGNED to Rules Committee. 4/7/09, CALLED FROM COMMITTEE. Pursuant to Rule 5.31.1, Supervisors Elsbernd, Alioto-Pier, Dufty, and Chu called this measure from Rules Committee. Requests Granted From: Supervisor Chiu To: City Attorney Requesting/Inquiring: Requesting the City Attorney's Office to work with the Controller to draft a Charter Amendment incorporating the following recommendations of the Budget Improvement Project: 1. Establish a two-year budget process and mid-cycle correction process. 2. Establish a five-year financial plan to inform a two-year budget. 3. Establish formal financial policies and an approach to meeting them over upcoming budget cycles. In Memoriams Sandra Cantu - Entire Board Len Harrison - Supervisor Mirkarimi ADJOURNMENT There being no further business the Board adjourned at the hour of 4:06 p.m. Angela Calvillo, Clerk of the Board N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on May 5, 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