Board of Supervisors Minutes: April 21, 2009

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, April 21, 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. Members Excused: Ross Mirkarimi. 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 Supervisor Mirkarimi was noted absent. There was a quorum present. Supervisor Mirkarimi Excused From Attendance Supervisor Dufty, seconded by Supervisor Elsbernd, moved to excuse Supervisor Mirkarimi from attending today's meeting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Avalos, moved to approve the Board Meeting Minutes of March 24, 2009. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi CONSENT AGENDA Recommendation of the City Operations and Neighborhood Services Committee 090331 [Accept and Expend Private Grant - Back on Track Program - $111,998] Supervisor Mirkarimi Resolution authorizing the Office of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $111,998 through the San Francisco Foundation, for a program entitled "Back on Track Re-entry Program" for fiscal year 2008-2009 and 2009-2010. Enacted Number: 151-09 ADOPTED Recommendations of the Land Use and Economic Development Committee 081560 [India Basin Industrial Park Zoning Map Amendment] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by amending Sectional Map Sheets ZN08, ZN10, SU08 and SU10 to change the use classification of certain parcels in and around the India Basin Industrial Park Redevelopment Project Area from M-1 (Light Industrial) and M-2 (Heavy Industrial) Districts to PDR-1-B (Light Industrial, Buffer) and PDR-2 (Production, Distribution, and Repair) Districts and to incorporate all of the subject parcels into the India Basin Industrial Park Special Use District; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Enacted Number: 67-09 FINALLY PASSED 081561 [India Basin Industrial Park, Planning Code Text Amendment] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by adding Section 249.42 to create a new India Basin Industrial Park Special Use District; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Enacted Number: 68-09 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Subcommittee 090130 [Health Care Accountability Components] Supervisor Alioto-Pier Ordinance amending Health Code Section 12Q.3 on the calculation of the health care accountability fee for covered contracting parties and increasing the existing fee and amending Section 12Q.2.9 to increase the number of hours an employee must work to be considered a covered employee. Enacted Number: 69-09 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 1 - Daly Excused: 1 - Mirkarimi Recommendations of the Land Use and Economic Development Committee 090202 [Approving General Plan Amendments Related to the Visitacion Valley Redevelopment Plan] Supervisor Maxwell Ordinance amending the San Francisco General Plan by approving General Plan amendments to implement the Visitacion Valley Redevelopment Plan (which includes a portion of the Visitacion Valley neighborhood and the Schlage Lock site within the City and County of San Francisco, the boundaries of which are designated on Sectional Map No. 10 SU of the Zoning Maps of the City and County of San Francisco, and which generally includes the properties bounded by Bayshore, Blanken and Tunnel Avenue to the San Francisco/San Mateo County line to the south, including the properties fronting Bayshore Boulevard from Arleta Avenue to the San Francisco/San Mateo County line to the south and including the properties fronting Leland Avenue from Cora Street to Bayshore Boulevard) by amending the Arts Element, Commerce and Industry Element, Recreation and Open Space Element, Transportation Element, and Urban Design Elements; making environmental findings and findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi 090224 [Zoning Map Amendments In Connection With Visitacion Valley Redevelopment Plan] Supervisor Maxwell Ordinance amending the Zoning Map of the City and County of San Francisco by amending Sheet 10SU to establish a special use district for all property located within the Visitacion Valley Redevelopment Project Area, generally including the properties bounded by Bayshore, Blanken and Tunnel Avenue to the San Francisco/San Mateo County line to the south, including the properties fronting Bayshore Boulevard from Arleta Avenue to the San Francisco/San Mateo County line to the south and including the properties fronting Leland Avenue from Cora Street to Bayshore Boulevard; amending Sheet 10H of the Zoning Map to change the Height and Bulk District of the Visitacion Valley Redevelopment Project Area from a 40-X Height and Bulk District to a 55-X Height and Bulk District for property located in Subarea Zone 2 of the Visitacion Valley Redevelopment Plan; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi 090223 [Schlage Lock/Visitacion Valley Special Use District] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by adding Section 249.40 to establish the Visitacion Valley/Schlage Lock Special Use District which includes a portion of the Visitacion Valley neighborhood and the Schlage Lock site within the City and County of San Francisco, the boundaries of which are designated on Sectional Map No. 10 SU of the Zoning Maps of the City and County of San Francisco, and which generally includes the properties bounded by Bayshore, Blanken and Tunnel Avenue to the San Francisco/San Mateo County line to the south, including the properties fronting Bayshore Boulevard from Arleta Avenue to the San Francisco/San Mateo County line to the south and including the properties fronting Leland Avenue from Cora Street to Bayshore Boulevard; to require development within the Special Use District to adhere to the Visitacion Valley/Schlage Lock Design for Development document approved as part of the Visitacion Valley Redevelopment Plan. (Economic Impact) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi 090222 [Adopting the Redevelopment Plan for the Visitacion Valley Redevelopment Project] Mayor, Supervisor Maxwell 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. (Economic Impact) Supervisor Maxwell, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi NEW BUSINESS Recommendations of the Budget and Finance Subcommittee 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) Enacted Number: 150-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi 090355 [Airport Commission's Declaration of Emergency contract pursuant to Section 6.60 of the San Francisco Administrative Code] Resolution concurring with the Airport Commission's Declaration of Emergency in response to the boiler failures at the Airport and approving a contract between the Airport Commission and Ghiloti Brothers for the purchase of two new boilers. (Airport Commission) (Fiscal Impact.) Enacted Number: 144-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi Recommendations of the City Operations and Neighborhood Services Committee 090322 [Accept and Expend Grant Funds - Healthy San Francisco program evaluation - $250,000] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $250,000 from the California Endowment to fund the Healthy San Francisco program evaluation; for the period of February 2, 2009, through July 31, 2010. (Fiscal Impact.) Enacted Number: 152-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi 090326 [Accept and Expend DWR Grant Funds - SFPUC - $517,500] Supervisor Maxwell Resolution authorizing the San Francisco Public Utilities Commission to retroactively accept and expend a California Department of Water Resources Grant in the amount of $517,500. (Fiscal Impact.) Enacted Number: 147-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - 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. Enacted Number: 153-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi Recommendation of the Land Use and Economic Development Committee 081282 [Urging City Departments to develop a Home Improvement Plan for the Bayshore Corridor] Supervisors Maxwell, Dufty, Chiu Resolution urging the Planning Department, Office of Economic and Workforce Development, and Redevelopment Agency to develop plans and programs to establish a Green and Sustainable Home Improvement District for the Bayshore Corridor area in Bayview Hunters Point. Amended, on Page 1, Title, Lines 4-5, after "Redevelopment Agency" by adding "and the San Francisco Municipal Transportation Agency" and on Page 2, Lines 15-20, after "3) a business attaction plan" by adding "that promotes opportunities for local businesses" and on Page 2, Lines 20-22, by adding "8) a plan to generate jobs for the surrounding communities through the establishment of this district, and 9) an assessment of traffic congestion impacts." Supervisor Campos, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi Resolution urging the Planning Department, Office of Economic and Workforce Development, and Redevelopment Agency, and the San Francisco Municipal Transportation Agency to develop plans and programs to establish a Green and Sustainable Home Improvement District for the Bayshore Corridor area in Bayview Hunters Point. ADOPTED AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi Recess The Board recessed at the hour of 2:56 p.m. Reconvening of the Board The Board reconvened at the hour of 3:33 p.m. On the call of the roll, the following Supervisors were noted present: Supervisors Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi There was a quorum present. SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Mar, 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 Mar introduced, welcomed, and presented a Certificate of Honor to Nancy DeStefanis for her contributions and teachings at Stow Lake in Golden Gate Park. COMMITTEE REPORTS Supervisor Mirkarimi was noted present at 3:33 p.m. 090233 [Appointment, Historical Preservation Commission - Ruth Todd] Motion rejecting the Mayor's nomination for appointment of Ruth Todd to the Historical Preservation Commission, Seat No. 2, for a two-year term ending date to be determined. (Clerk of the Board) (Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 090232. Transmittal date - February 24, 2009.) Enacted Number: M09-74 APPROVED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd 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 Francisco Da Costa; expressed concern with issues relating to mandatory business and toxic dirt Jackie Wright; expressed concern with issues relating to racism John Di Donna; expressed concern with issues relating to black clothing Walter; shared in song certain issues with the Board Richard O'Neal; expressed concern with issues relating to availability of work David Elder; expressed concern with issues relating to heritage FOR ADOPTION WITHOUT COMMITTEE REFERENCE 090462 [AmeriCorps Week - May 9 - 16, 2009] Supervisor Alioto-Pier Resolution declaring May 9 - 16, 2009, AmeriCorps Week. Enacted Number: 155-09 ADOPTED 090463 [Supporting Aerial Spraying of Pesticide: Inert Ingredients Act (Senate Bill 759)] Supervisor Alioto-Pier Resolution urging the City and County of San Francisco to support Senate Bill 759, Aerial Spraying of Pesticide: Inert Ingredients Act. Enacted Number: 156-09 ADOPTED 090464 [Congratulating President-Elect Mauricio Funes of El Salvador and encouraging further collaboration and solidarity with San Francisco's Sister City in El Salvador, Santa Tecla] Supervisors Campos, Avalos, Daly, Mar, Mirkarimi Resolution congratulating President-Elect Mauricio Funes of El Salvador and encouraging further collaboration and solidarity with San Francisco's Sister City, Santa Tecla. Enacted Number: 145-09 ADOPTED 090465 [Denouncing immigration raids and supporting comprehensive immigration reform] Supervisors Campos, Mar, Chiu Resolution acknowledging immigrant contributions, denouncing Immigration and Customs Enforcement (ICE) raids, and supporting comprehensive immigration reform focused on family unity, worker justice, civil rights and a path to legalization. Supervisors Mar and Chiu requested to be added as co-sponsors. Enacted Number: 149-09 ADOPTED 090466 [Taxi Medallion Fees] Supervisor Chiu Resolution urging the San Francisco Municipal Transportation Agency to examine and consider taxi medallion fees. Enacted Number: 146-09 ADOPTED 090467 [Urging the United States Postal Service to issue a commemorative stamp in honor of Supervisor Harvey Milk] Supervisors Dufty, Campos Resolution urging the United States Postal Service to issue a commemorative stamp in honor of Supervisor Harvey Milk. Enacted Number: 157-09 ADOPTED 090468 [Commending Captain Denis O'Leary for his leadership at the Ingleside Station] Supervisors Dufty, Campos, Elsbernd, Avalos, Mirkarimi Resolution commending Captain Denis O'Leary for his leadership at the Ingleside Station, and his accomplishments increasing public safety. Enacted Number: 158-09 ADOPTED 090472 [Commending Neil G. Giuliano for his success as the President and voice of Gay and Lesbian Alliance Against Defamation (GLAAD)] Supervisor Dufty Resolution commending Neil G. Giuliano for his dedication and service as the President of the Gay and Lesbian Alliance Against Defamation (GLAAD). Enacted Number: 148-09 ADOPTED 090454 [Final Map: 64 - 72 Townsend Street] Motion approving Final Map 4779, a 3 Lot Airspace Mixed-Use Subdivision and a 74 Residential Unit Condominium Project, located at 64 - 72 Townsend Street being a subdivision of Lot 003 in Assessors Block No. 3789 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 178,126; District 6.) Enacted Number: M09-75 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 090473 [Building and Housing Code - Code Enforcement Fees for One and Two-Family Rental Units] Supervisors Campos, Chiu, Daly Ordinance amending the San Francisco Building Code Chapter 1A, Section 110A, Table 1A-P, and the San Francisco Housing Code Chapter 3, Section 302 to authorize the Department of Building Inspection to charge a fee of $52.00 per unit to recover the cost of on-going Housing Code enforcement services for one and two-family rental dwellings; and making environmental findings. 4/21/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/21/2009. 090474 [Divided ownership of Real Ownership Opportunities for Tenants (ROOTS) program projects comprised of separate legal parcels] Supervisor Chiu Ordinance amending San Francisco Board of Supervisors Ordinance No. 34-07 by permitting projects that are the subject of Real Ownership Opportunities for Tenants (ROOTS) program grants to be comprised of separate legal parcels. 4/21/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 090475 [Exceptions to Seismic Safety Loan Program requirements to amend loan to 53 Columbus Avenue] Supervisor Chiu Ordinance approving exceptions to requirements under San Francisco Administrative Code Sections 66 and 66A and the Seismic Safety Loan Program Regulations, dated May 2006, adopted by the Board of Supervisors through Ordinance No. _________, to amend an existing Seismic Safety Loan Program ("SSLP") loan for a project at 53 Columbus Avenue, San Francisco, California, to allow for cooperative housing and a transfer of the commercial portion of the project improvements. 4/21/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 090477 [Amending Planning Code - South of Market (SOMA) Community Stabilization Fund] Supervisor Daly Ordinance amending Section 318.2 and 318.7 of the San Francisco Planning Code to clarify certain provisions relating to the South of Market (SOMA) Stabilization Fund to clarify that the Mayor's Office of Community Investment, the successor to the Mayor's Office of Community Development, will manage and expend the Fund; and amending Section 318.3 to clarify that the SOMA Stabilization fee is due before issuance of the final certificate of occupancy or within a time certain after the issuance of a first certificate of occupancy, whichever is sooner; and making certain findings including findings under the California Environmental Quality Act. 4/21/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/21/2009. 090136 [Measure adopting and submitting to the voters an ordinance imposing a local assessment on all vehicles in San Francisco that are subject to Department of Motor Vehicle registration] Supervisors Chiu, Dufty Ordinance adopting and submitting to the voters the ordinance amending the San Francisco Business and Tax Regulations Code to add Article 8 imposing a voter-approved local assessment on the privilege of a resident of the City and County to operate upon the public highways in the City and County a vehicle or trailer coach, the registrant of which is subject to tax under Part 5 (commencing with Section 10701) of the California Revenue and Taxation Code, at a rate not to exceed the difference between two percent of the market value of the vehicle or trailer coach and the rate imposed by the State of California pursuant to Section 10751 of the Revenue and Taxation Code, administered by the State Department of Motor Vehicles; acknowledging that state law has not yet been enacted authorizing the imposition of the assessment but approving imposition of such a charge at the specified rate when and if state law authorizes the City to impose it and directing submission of the measure for voter approval at the November 3, 2009 general municipal election. (2/9/09 - Economic Impact) 2/3/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 02/06/09 - Referred to the Small Business Commission, Retirement Board, and the Ethics Commission for review and comment. 2/11/09, TRANSFERRED to Board of Supervisors. 2/18/09, TRANSFERRED to Budget and Finance Committee. 4/21/09, SUBSTITUTED. Supervisor Chiu submitted a substitute ordinance bearing new title. 4/21/09, ASSIGNED to Budget and Finance Committee. Resolutions 090478 [Accept and Expend - Department of Public Health Grant - $402,342] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend a grant in the amount of $402,342 from the Centers for Disease Control and Prevention (CDC) to support the Medical Monitoring Project (MMP); for the period of June 1, 2009, through May 31, 2010. 4/21/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 090479 [Accept and Expend - U.S. Department of Housing and Urban Development Grant - $3,000,000] Mayor, Supervisor Dufty Resolution authorizing the Mayor of the City and County of San Francisco to accept and expend a grant from the U.S. Department of Housing and Urban Development for lead-based paint hazard reduction in a total amount not to exceed $3,000,000. 4/21/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090480 [Supporting Senate Bill 797, the Toxin-Free Babies and Toddlers Act] Supervisors Alioto-Pier, Campos Resolution urging the City and County of San Francisco to support Senate Bill 797 (SB 797), the Toxin-Free Babies and Toddlers Act. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090481 [Accept and Expend Grant - Department of Public Health (DPH) - $100,000] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend a grant in the amount of $100,000 from the National Association of County and City Health Officials (NACCHO) to support a public health preparedness project through the Communicable Disease and Prevention Section; for the period of April 1, 2009 through September 29, 2009. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090482 [Opposing Proposition 1D on the May 19, 2009, Statewide Special Election] Supervisors Avalos, Mar, Campos, Daly Resolution opposing Proposition 1D on the May 19, 2009, Statewide Special Election. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090483 [Supporting Senate Bill 585 to ban gun shows at the Cow Palace] Supervisors Avalos, Dufty, Maxwell, Campos Resolution supporting Senate Bill 585 to ban gun shows at the Cow Palace. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090486 [Drug Enforcement Administration (DEA) raids on medical cannabis dispensaries] Supervisors Campos, Mirkarimi, Mar, Avalos, Daly Resolution urging a cessation of recent Drug Enforcement Administration raids on medical cannabis dispensaries. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090487 [Accept and Expend Grant - Department of Public Health (DPH) - $34,645] Supervisors Dufty, Campos Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $34,645 from the Public Health Foundation Enterprises (PHFE), to support a research project entitled "Chemoprophylaxis for HIV Prevention in Men;" for the period of February 1, 2009, through January 31, 2010. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090488 [Commending Parents for Public Schools-San Francisco for ten years of service] Supervisors Dufty, Mar, Chiu, Campos Resolution commending Parents for Public Schools-San Francisco for ten years of service to the parents, students and public schools of San Francisco. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090489 [Building Safety Week - May 3-9, 2009] Supervisor Elsbernd Resolution declaring May 3-9, 2009, as Building Safety Week in San Francisco, recognizing the public safety efforts undertaken by the professionals at the Department of Building Inspection, and honoring these public employees for their dedication to safety. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090490 [Commending Robert Pender on the occasion of his 85th birthday] Supervisors Elsbernd, Mar Resolution commending Robert Pender on the occasion of his 85th birthday. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090491 [Accept and Expend Grant - Department of Public Health - Laguna Honda Hospital (DPH-LHH) - $7,500] Supervisor Elsbernd Resolution authorizing the San Francisco Department of Public Health (DPH) - Laguna Honda Hospital (DPH-LHH), to accept and expend retroactively a grant in the amount of $7,500 from the Stanford Geriatric Education Center, to support the transitional healthcare project, for the period of July 1, 2008 through June 30, 2009. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090492 [Declaring June, July and August 2009 as Soda Free Summer] Supervisors Maxwell, Mar Resolution declaring June, July and August 2009 as "Soda Free Summer" and urging all San Franciscans to join Shape Up SF to "Rethink Your Drink " and go Soda Free this summer. 4/21/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motions 090452 [Withdrawing Charter Amendment for November 2009 Election - Board of Supervisors aides] Supervisors Alioto-Pier, Elsbernd Motion withdrawing, pursuant to Section 370(a) of the Municipal Elections Code, the Board of Supervisors order of submission to the voters a Charter Amendment entitled Board of Supervisors aides. 4/21/09, RECEIVED AND ASSIGNED to Rules Committee. 090476 [Rejecting the FY 2009-2010 Municipal Transportation Agency (MTA) Budget] Supervisors Chiu, Mirkarimi Motion rejecting the Municipal Transportation Agency's (MTA) proposed FY 2009-2010 budget. (Fiscal Impact.) 4/21/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. PROPOSED ORDINANCE 090394 [Settlement of Lawsuit - San Francisco Pier 33 LLC - $225,000] Ordinance authorizing settlement of the lawsuit filed by San Francisco Pier 33 LLC against the City and County of San Francisco for $225,000; the lawsuit was filed on July 9, 2007, in San Francisco County Superior Court, Case No. CGC 07-464954; entitled San Francisco Pier 33 LLC v. City and County of San Francisco, et al.; other material terms of said settlement are agreement to amend plaintiff's lease of San Francisco Port Commission property to expand permissible uses, allow for certain sign replacements, and provide right of first refusal to enter into five-year lease of the property beginning June 13, 2014. (City Attorney) 4/9/09, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTION 090455 [Settlement of Claim - Marsanne Weese - $26,974.20] Resolution approving the settlement of the unlitigated claim submitted by Marsanne Weese against the City and County of San Francisco for $26,974.20; claim was submitted on September 26, 2008. (City Attorney) 4/9/09, RECEIVED AND ASSIGNED to Rules Committee. Requests Granted From: Supervisor Mirkarimi To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation that would create a pilot program to allow street fairs to charge admission for events on the streets surrounding the Civic Center Park area. Please explore the possibilities of requiring organizers to meet the following requirements: · Must be a non-profit · Must pay a higher permit fee and donate a portion of the proceeds to charity. · Must outreach to residents within one block and offer them free admission. · A portion of the area must be designated for free-of-charge access with related activities or entertainment. · Receive approval of the Entertainment Commission. 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: Metal Pole In front 442 Haight In front of 445 Fillmore Southeast corner Stanyan & Waller Oak and Central (Panhandle side) Southwest corner Page & Scott Southwest corner Masonic & Fulton Southwest corner McAllister & Webster Wood Poles In front of 419 Clayton Bus Shelters Southwest corner Fillmore and Hayes Fillmore and Hermann (graffiti in canopy) All four bus shelters on Haight and Fillmore (graffiti in canopy) Southwest corner Laguna & McAllister Southeast corner McAllister 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 removing graffiti from the following locations: Utility Boxes Northwest corner McAllister and Fillmore Southeast corner of Broderick & Fell Southeast corner Fell & Buchanan Northeast corner Baker & Fulton Garbage Cans Northeast corner Haight & Buchanan Southwest corner Haight & Webster Mailboxes Southwest corner Grove & Gough Fire Hydrant Northeast corner Clayton & Waller Potholes On Fillmore (West side, North of Grove) 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 at the following private property locations: 355 Laguna 2275 Fulton 1213 Fell 1230 Fell 745 Fillmore 515 Fell 478 Haight 498 Haight 430 Haight 1153 Oak 1008 Oak 501 Fillmore 399 Webster In Memoriams William E. Price - Entire Board Ann L. Brady Powell - Supervisor Dufty Kyle Peter Llarinas - Supervisor Elsbernd Richard Peterson, Sr. - Supervisors Elsbernd, Dufty, Alioto-Pier, Chu, Maxwell ADJOURNMENT There being no further business, the Board adjourned at the hour of 3:45 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 19, 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