# Board of Supervisors Minutes: May 12, 2009 - Meeting date: 2009-05-12 - Document type: minutes - Source format: HTML - Extracted pages: 1 - [Canonical HTML transcript](https://sfbos.info/documents/1913/2009-05-12-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/index.aspx-page=3018.html) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 090076: Administrative Code - Establishing Fees under the Community Preservation and Blight Reduction Act - Pages: 1 - Sponsors: Avalos ### File 090210: Zoning Map Amendment - 2400 Irving Street - Pages: 1 - Vote 1: final-passage, likely final - Action: 090210 [Zoning Map Amendment - 2400 Irving Street] Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco by amending Sheet ZN05 and Sheet SU05 to change the zoning classification of the northern portion of the property located at 2400 Irving Street, Block 1725, Assessor's Lot No. 053, from RH-2 (Residential House, Two-Family) to NC-2 (Small-Scale Neighborhood Commercial District) and include it within the Irving Street Restaurant & Fast Food Restricted Use SUD; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and Priorities of Planning Code Section 101.1(b). (Planning Department) Enacted Number: 83-09 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 ### File 090093: Solar Energy Agreements with Recurrent Energy - Pages: 1 - Vote 1: referral - Action: 090093 [Solar Energy Agreements with Recurrent Energy] Mayor, Supervisors Chu, Dufty, Alioto-Pier, Mar Ordinance approving a 25-Year Power Purchase Agreement and Site Lease Agreement with RE-SFCITY1, LP (Recurrent), a wholly owned subsidiary of Recurrent Energy, to finance, construct, own, operate, and maintain a solar photovoltaic power plant on the rooftop of the North Storage Basin Reservoir and certain adjacent land on the Sunset Reservoir property located at the intersection of 24th Avenue and Ortega Street, San Francisco, and to sell all electricity generated by the project to the City acting through its Public Utilities Commission. (Fiscal Impact.) (Supervisor Campos dissented in Committee.) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Noes: Alioto-Pier, Chu, Dufty, Elsbernd, Mar, Maxwell - Vote 3: final-passage, likely final - Action: FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell - Vote 4: other - Action: Action text unavailable. - Noes: Avalos, Campos, Daly, Mirkarimi ### File 080322: Prohibition on loitering outside nightclubs - Pages: 1 - Vote 1: final-passage, likely final - Action: 080322 [Prohibition on loitering outside nightclubs] Mayor, Supervisors Maxwell, Dufty Ordinance amending the San Francisco Police Code by adding Section 121, to prohibit loitering outside nightclubs. Supervisor Dufty requested to be added as a co-sponsor. Enacted Number: 86-09 FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Noes: Avalos, Daly - Vote 3: other - Action: Recommendations of the Government Audit and Oversight Committee Supervisor Chu Excused from Voting Supervisor Elsbernd, seconded by Supervisor Dufty, moved to execuse Supervisor Chu from voting. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 4: other - Action: Action text unavailable. - Excused: Chu ### File 090286: Amending provisions of Chapter 18 of the Administrative Code to specify enforcement and consolidate reporting requirements - Pages: 1 - Sponsors: Mirkarimi - Vote 1: amendment - Action: 090286 [Amending provisions of Chapter 18 of the Administrative Code to specify enforcement and consolidate reporting requirements] Supervisor Mirkarimi Ordinance adopting and implementing amendments to Secs. 18.13-1 and 18.13-5 of the San Francisco Administrative Code. Supervisor Elsbernd moved to divide the question relating to "uniformed Fire Department employees" located on Page 1, Lines 21-23. The question relating to the "uniformed Fire Department employees" was passed by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Chu - Vote 3: final-passage, likely final - Action: Enacted Number: 84-09 FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090329: Recreation and Park Department - Sharp Park - Pages: 1 - Sponsors: Mirkarimi, Daly, Campos, Avalos - Vote 1: final-passage, likely final - Action: 090329 [Recreation and Park Department - Sharp Park] Supervisors Mirkarimi, Daly, Campos, Avalos 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.) Supervisor Avalos requested to be added as a co-sponsor. Enacted Number: 85-09 FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090285: Adoption of Board of Supervisors 2009 Budget Process and Policy Priorities - Pages: 1 - Sponsors: Mirkarimi, Avalos - Vote 1: other - Action: 090285 [Adoption of Board of Supervisors 2009 Budget Process and Policy Priorities] Supervisors Mirkarimi, Avalos Resolution adopting the San Francisco Board of Supervisors' 2009 Budget Process and Policy Priorities. (Supervisor Chu dissented in Committee.) Joanne Hayes-White, Fire Chief, provided an update on the Fire Department and responded to questions raised throughout the discussion. Supervisor Dufty moved to divide the question relating to "Increase regular work time for firefighters, or schedule 'rolling brownouts' of fire stations" located on attachment Section I, No. 5. The question relating to "Increase regular work time for firefighters, or schedule 'rolling brownouts' of fire stations" was passed by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Noes: Alioto-Pier, Dufty, Elsbernd - Vote 3: other - Action: Action text unavailable. - Excused: Chu - Vote 4: adoption, likely final - Action: Enacted Number: 187-09 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Vote 5: other - Action: Action text unavailable. - Noes: Alioto-Pier, Chu, Elsbernd ### File 090476: Rejecting the FY 2009-2010 Municipal Transportation Agency (MTA) Budget - Pages: 1 - Sponsors: Chiu, Campos, Mirkarimi, Mar, Daly, Avalos, Maxwell - Vote 1: tabling - Action: 090476 [Rejecting the FY 2009-2010 Municipal Transportation Agency (MTA) Budget] Supervisors Chiu, Campos, Mirkarimi, Mar, Daly, Avalos, Maxwell Motion rejecting the Municipal Transportation Agency's (MTA) proposed FY 2009-2010 budget. (Fiscal Impact.) (Supervisor Chu dissented in Committee.) Nathaniel Ford, MTA Executive Director/Chief Executive Officer, provided an update on the MTA budget and associated savings and responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell - Vote 2: other - Action: Action text unavailable. - Noes: Avalos, Campos, Daly, Mar, Mirkarimi ### File 090328: Eligibility Criteria for Community Living Fund - Pages: 1 - Sponsors: Mirkarimi, Mar, Avalos - Vote 1: first-reading - Action: 090328 [Eligibility Criteria for Community Living Fund] Supervisors Mirkarimi, Mar, Avalos Ordinance amending the San Francisco Administrative Code by amending Section 10.100-12, to establish a pilot program using the Elder Economic Security Index Fund as a factor for determining eligibility for the Community Living Fund. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090386: Approval of Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $18,250,293.80 - Pages: 1 - Vote 1: adoption, likely final - Action: 090386 [Approval of Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $18,250,293.80] Resolution approving Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 30-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, delete special tools that are no longer needed, and purchase training modules, at an additional cost of $1,075,524 for a total contract amount not to exceed $18,250,293.80. (Municipal Transportation Agency) (Fiscal Impact.) Enacted Number: 185-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090387: Approval of Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $32,223,133.25 - Pages: 1 - Vote 1: adoption, likely final - Action: 090387 [Approval of Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $32,223,133.25] Resolution approving Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 40-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, at an additional cost of $2,520,000 for a total contract amount not to exceed $32,223,133.25. (Municipal Transportation Agency) (Fiscal Impact.) Enacted Number: 186-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090370: Amending PG&E Energy Conservation Revenue Contract - Pages: 1 - Vote 1: adoption, likely final - Action: 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.) Enacted Number: 188-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090479: Accept and Expend - U.S. Department of Housing and Urban Development Grant - $3,000,000 - Pages: 1 - Vote 1: adoption, likely final - Action: 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 retroactively 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. Enacted Number: 189-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090109: Public Hearing - Appeal of Categorical Exemption from Environmental Review for 717 Battery Street/350 Pacific Avenue - Pages: 1 - Vote 1: continuance - Action: 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Hearing be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090110: Affirming the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project - Pages: 1 - Vote 1: continuance - Action: 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, 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 ### File 090111: Disapproving the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project - Pages: 1 - Vote 1: continuance - Action: 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, 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 ### File 090112: Preparation of findings related to the 717 Battery Street/350 Pacific Avenue project - Pages: 1 - Vote 1: continuance - Action: 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, 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 ### File 090526: Waiver of temporary street space occupancy fee on May 16, 2009, for Small Business Week Sidewalk Sale - Pages: 1 - Vote 1: first-reading - Action: 090526 [Waiver of temporary street space occupancy fee on May 16, 2009, for Small Business Week Sidewalk Sale] Mayor, Supervisor Dufty Ordinance waiving the fee in Public Works Code Section 724.1(b) for temporary street space occupancy in certain sections of the City on Saturday, May 16, 2009, as part of Small Business Week. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Absent: Campos, Chu - Vote 3: first-reading - Action: Supervisor Chu, seconded by Supervisor Maxwell, moved to rescind the previous vote. The motion to rescind the previous vote passed without objection. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090504: Reappointment, Arts Commission - Cass Calder Smith - Pages: 1 - Vote 1: approval, likely final - Action: 090504 [Reappointment, Arts Commission - Cass Calder Smith] Motion approving the Mayor's reappointment of Cass Calder Smith to the Arts Commission for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - April 14, 2009.) Enacted Number: M09-96 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Absent: Campos ### File 090506: Reappointment, Arts Commission - John Calloway - Pages: 1 - Vote 1: approval, likely final - Action: 090506 [Reappointment, Arts Commission - John Calloway] Motion approving the Mayor's reappointment of John Calloway to the Arts Commission for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - April 14, 2009.) Enacted Number: M09-95 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Absent: Campos ### File 090508: Appointment, Arts Commission - Amy Chuang - Pages: 1 - Vote 1: approval, likely final - Action: 090508 [Appointment, Arts Commission - Amy Chuang] Motion approving the Mayor's appointment of Amy Chuang to the Arts Commission for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - April 14, 2009.) Enacted Number: M09-94 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Absent: Campos ### File 090510: Appointment, Arts Commission - Leo Chow - Pages: 1 - Vote 1: approval, likely final - Action: 090510 [Appointment, Arts Commission - Leo Chow] Motion approving the Mayor's appointment of Leo Chow to the Arts Commission for the term ending January 15, 2011. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - April 14, 2009.) Enacted Number: M09-93 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Absent: Campos ### File 090512: Reappointment, Retirement Systems Board - Richard Peterson, Jr. - Pages: 1 - Sponsors: Elsbernd - Vote 1: approval, likely final - Action: 090512 [Reappointment, Retirement Systems Board - Richard Peterson, Jr.] Supervisor Elsbernd Motion approving the Mayor's reappointment of Richard Peterson, Jr. to the Retirement Systems Board for the term ending February 20, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - April 14, 2009.) Supervisor Elsbernd requested to be added as sponsor. Enacted Number: M09-92 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090514: Appointment, Commission on the Status of Women - Julie Soo - Pages: 1 - Vote 1: approval, likely final - Action: 090514 [Appointment, Commission on the Status of Women - Julie Soo] Motion approving the Mayor's appointment of Julie Soo to the Commission on the Status of Women for the term ending April 13, 2012. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - April 14, 2009.) Enacted Number: M09-91 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090566: Closed Session - Update on labor negotiations concerning City workers from the Mayor's Office and the Department of Human Resources - Pages: 1 - Sponsors: Chiu - Vote 1: approval, likely final - Action: Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). APPROVED. The Board recessed at the hour of 4:54 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Persons in attendance: Cheryl Adams, Deputy City Attorney Micki Callahan, Director of Department of Human Resources Martin Gran, Director of Employee Relations Ben Rosenfield, Controller Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Reconvening of the Board The following Supervisors were noted present: Supervisors Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi The Board at the hour of 5:20 p.m. reconvened. Matter was heard in Closed Session and Filed. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Dufty, seconded by Supervisor Campos, moved not disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090565: Update on labor negotiations concerning City workers from the Mayor's Office and the Department of Human Resources - Pages: 1 - Sponsors: Chiu ### File 090535: Declaring Van Ness Avenue and Geary Boulevard Bus Rapid Transits as San Francisco's Top Federal Small Starts Funding Priority - Pages: 1 - Sponsors: Dufty, Mar, Mirkarimi, Daly ### File 090560: Proclaiming May 17-23, 2009, as Public Works Week in San Francisco - Pages: 1 - Sponsors: Chiu, Dufty ### File 090561: Issuance and Sale of Revenue Bonds - 178 Townsend Street Housing Project - Pages: 1 - Sponsors: Daly ### File 090562: Richmond/Senator Milton Marks Branch Library grand re-opening - Pages: 1 - Sponsors: Mar, Campos, Elsbernd ### File 090563: Commending Superior Court Judge John Dearman for his 31 years of distinguished service to the City and County of San Francisco - Pages: 1 - Sponsors: Dufty, Maxwell, Campos ### File 090564: Urging the Controller's Office to undertake a performance audit of the J Church Metro line - Pages: 1 - Sponsors: Dufty, Avalos ### File 090559: Authorization for designated City and County officials to obtain federal financial assistance provided by the Department of Homeland Security - Pages: 1 - Sponsors: Alioto-Pier - Vote 1: adoption, likely final - Action: 090559 [Authorization for designated City and County officials to obtain federal financial assistance provided by the Department of Homeland Security] Supervisor Alioto-Pier Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco, a public entity established under the law of the State of California, any applications or agreements and to take any actions necessary to obtain federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California, including the following grants: Emergency Management Performance Grant, Hazard Mitigation Grant, Pre-Disaster Mitigation Grant, and Emergency Operations Center Grant. Enacted Number: 196-09 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Absent: Alioto-Pier - Vote 3: rescission - Action: Supervisor Dufty, seconded by Supervisor Elsbernd, moved to rescind the previous vote. The motion to rescind the previous vote passed without objection. The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 090583: Just cause eviction protections for residential tenants, extend to non-rent controlled units - Pages: 1 - Sponsors: Avalos ### File 090584: Requiring Lighting Efficiency Measures in Commercial and City Buildings - Pages: 1 - Sponsors: Dufty ### File 090585: Safe Streets and Road Repair General Obligation Bond Election - $368,000,000 - Pages: 1 ### File 090587: Appropriating $14,152,000 to support cost overruns at San Francisco General and Laguna Honda Hospitals in the Department of Public Health for Fiscal Year 2008-2009 - Pages: 1 ### File 090588: Building Code - fee adjustment - Pages: 1 ### File 090589: Electrical Code - permit expiration - Pages: 1 ### File 090590: Plumbing Code - permit expiration - Pages: 1 ### File 090568: Resolution of Intention to form the Excelsior Community Benefit District - Pages: 1 - Sponsors: Avalos ### File 090569: Resolution of Intention to renew the Union Square Business Improvement District, to be known as the Greater Union Square Business Improvement District - Pages: 1 - Sponsors: Chiu ### File 090586: Safe Streets and Road Repair General Obligation Bonds - Pages: 1 ### File 090591: Lyme Disease Awareness Month - May 2009 - Pages: 1 - Sponsors: Alioto-Pier, Dufty, Campos ### File 090592: Opposing the elimination of the State Department of Boating and Waterways - Pages: 1 - Sponsors: Alioto-Pier ### File 090593: Commending Community Behavioral Health Services (CBHS) - Pages: 1 - Sponsors: Avalos, Campos ### File 090594: Supporting recognition of married same-sex couples in the 2010 Census - Pages: 1 ### File 090580: Assessment of City's overall victims' assistance, witness protection and trauma recovery services - Pages: 1 - Sponsors: Avalos ### File 090581: San Francisco Unified School District's policies to make college a more viable option for every student - Pages: 1 - Sponsors: Elsbernd ### File 090582: Civil Grand Jury Report entitled "The Numbers Have Something to Say, Is Anybody Listening? Performance Measurement (PM) in San Francisco City Government" - Pages: 1 - Sponsors: Mirkarimi ### File 090501: Settlement of Lawsuits - Transdyn/Cresci Joint Venture totaling $5,923,143.27 - Pages: 1 ### File 090500: Approval of settlement for 800 MHz reconfiguration with Sprint/Nextel - Pages: 1 ## Extracted text ### [Page 1](https://sfbos.info/documents/1913/2009-05-12-minutes#page-1) City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, May 12, 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 2:11 p.m. On the call of the roll, all Supervisors were noted present. APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes of April 14, 2009. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi CONSENT AGENDA Recommendation of the Budget and Finance Subcommittee 090076 [Administrative Code - Establishing Fees under the Community Preservation and Blight Reduction Act] Supervisor Avalos Ordinance amending the San Francisco Administrative Code Chapter 80, Section 80.4, to authorize the Department of Public Works to charge a fee of $250 to cover the cost of inspecting blighted properties and to charge an increased fee to recover additional inspection costs incurred in enforcement of the Community Preservation and Blight Reduction Act; amending Section 80.8 to clarify that the Blight Abatement Fund is a Category Six special fund within the meaning of Administrative Code Title XIII, Section 10.100-1; and making environmental findings. (Public Works Department) Enacted Number: 82-09 FINALLY PASSED Recommendation of the Land Use and Economic Development Committee 090210 [Zoning Map Amendment - 2400 Irving Street] Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco by amending Sheet ZN05 and Sheet SU05 to change the zoning classification of the northern portion of the property located at 2400 Irving Street, Block 1725, Assessor's Lot No. 053, from RH-2 (Residential House, Two-Family) to NC-2 (Small-Scale Neighborhood Commercial District) and include it within the Irving Street Restaurant & Fast Food Restricted Use SUD; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and Priorities of Planning Code Section 101.1(b). (Planning Department) Enacted Number: 83-09 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 REGULAR AGENDA UNFINISHED BUSINESS From the Budget and Finance Subcommittee Without Recommendation 090093 [Solar Energy Agreements with Recurrent Energy] Mayor, Supervisors Chu, Dufty, Alioto-Pier, Mar Ordinance approving a 25-Year Power Purchase Agreement and Site Lease Agreement with RE-SFCITY1, LP (Recurrent), a wholly owned subsidiary of Recurrent Energy, to finance, construct, own, operate, and maintain a solar photovoltaic power plant on the rooftop of the North Storage Basin Reservoir and certain adjacent land on the Sunset Reservoir property located at the intersection of 24th Avenue and Ortega Street, San Francisco, and to sell all electricity generated by the project to the City acting through its Public Utilities Commission. (Fiscal Impact.) (Supervisor Campos dissented in Committee.) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Chiu, Daly, Mirkarimi Noes: 6 - Alioto-Pier, Chu, Dufty, Elsbernd, Mar, Maxwell FINALLY PASSED by the following vote: Ayes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 4 - Avalos, Campos, Daly, Mirkarimi Recommendation of the City Operations and Neighborhood Services Committee 080322 [Prohibition on loitering outside nightclubs] Mayor, Supervisors Maxwell, Dufty Ordinance amending the San Francisco Police Code by adding Section 121, to prohibit loitering outside nightclubs. Supervisor Dufty requested to be added as a co-sponsor. Enacted Number: 86-09 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 2 - Avalos, Daly Recommendations of the Government Audit and Oversight Committee Supervisor Chu Excused from Voting Supervisor Elsbernd, seconded by Supervisor Dufty, moved to execuse Supervisor Chu from voting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Chu 090286 [Amending provisions of Chapter 18 of the Administrative Code to specify enforcement and consolidate reporting requirements] Supervisor Mirkarimi Ordinance adopting and implementing amendments to Secs. 18.13-1 and 18.13-5 of the San Francisco Administrative Code. Supervisor Elsbernd moved to divide the question relating to "uniformed Fire Department employees" located on Page 1, Lines 21-23. The question relating to the "uniformed Fire Department employees" was passed by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Chu Enacted Number: 84-09 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090329 [Recreation and Park Department - Sharp Park] Supervisors Mirkarimi, Daly, Campos, Avalos 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.) Supervisor Avalos requested to be added as a co-sponsor. Enacted Number: 85-09 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi NEW BUSINESS Recommendations of the Budget and Finance Committee Supervisor Chu Excused from Voting Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved to execuse Supervisor Chu from voting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Chu 090285 [Adoption of Board of Supervisors 2009 Budget Process and Policy Priorities] Supervisors Mirkarimi, Avalos Resolution adopting the San Francisco Board of Supervisors' 2009 Budget Process and Policy Priorities. (Supervisor Chu dissented in Committee.) Joanne Hayes-White, Fire Chief, provided an update on the Fire Department and responded to questions raised throughout the discussion. Supervisor Dufty moved to divide the question relating to "Increase regular work time for firefighters, or schedule 'rolling brownouts' of fire stations" located on attachment Section I, No. 5. The question relating to "Increase regular work time for firefighters, or schedule 'rolling brownouts' of fire stations" was passed by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Dufty, Elsbernd Excused: 1 - Chu Enacted Number: 187-09 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd 090476 [Rejecting the FY 2009-2010 Municipal Transportation Agency (MTA) Budget] Supervisors Chiu, Campos, Mirkarimi, Mar, Daly, Avalos, Maxwell Motion rejecting the Municipal Transportation Agency's (MTA) proposed FY 2009-2010 budget. (Fiscal Impact.) (Supervisor Chu dissented in Committee.) Nathaniel Ford, MTA Executive Director/Chief Executive Officer, provided an update on the MTA budget and associated savings and responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Chu, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 6 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell Noes: 5 - Avalos, Campos, Daly, Mar, Mirkarimi Recommendations of the Budget and Finance Subcommittee 090328 [Eligibility Criteria for Community Living Fund] Supervisors Mirkarimi, Mar, Avalos Ordinance amending the San Francisco Administrative Code by amending Section 10.100-12, to establish a pilot program using the Elder Economic Security Index Fund as a factor for determining eligibility for the Community Living Fund. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090386 [Approval of Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $18,250,293.80] Resolution approving Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 30-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, delete special tools that are no longer needed, and purchase training modules, at an additional cost of $1,075,524 for a total contract amount not to exceed $18,250,293.80. (Municipal Transportation Agency) (Fiscal Impact.) Enacted Number: 185-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090387 [Approval of Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $32,223,133.25] Resolution approving Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 40-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, at an additional cost of $2,520,000 for a total contract amount not to exceed $32,223,133.25. (Municipal Transportation Agency) (Fiscal Impact.) Enacted Number: 186-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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.) Enacted Number: 188-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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 retroactively 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. Enacted Number: 189-09 ADOPTED 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 Avalos, seconded by Supervisor Campos, 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 Avalos introduced, welcomed, and presented a Certificate of Honor to John Ross in recognition of his accomplishments as a journalist and his continued community activism. Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to Lizzie Brown Jeremi in recognition of her 35 years of service at Marshall Elementary School upon her retirement. 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, 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 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, 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 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 July 7, 2009. Supervisor Alioto-Pier, seconded by Supervisor Mar, 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 COMMITTEE REPORTS 090526 [Waiver of temporary street space occupancy fee on May 16, 2009, for Small Business Week Sidewalk Sale] Mayor, Supervisor Dufty Ordinance waiving the fee in Public Works Code Section 724.1(b) for temporary street space occupancy in certain sections of the City on Saturday, May 16, 2009, as part of Small Business Week. PASSED ON FIRST READING by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 2 - Campos, Chu Supervisor Chu, seconded by Supervisor Maxwell, moved to rescind the previous vote. The motion to rescind the previous vote passed without objection. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090504 [Reappointment, Arts Commission - Cass Calder Smith] Motion approving the Mayor's reappointment of Cass Calder Smith to the Arts Commission for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - April 14, 2009.) Enacted Number: M09-96 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos 090506 [Reappointment, Arts Commission - John Calloway] Motion approving the Mayor's reappointment of John Calloway to the Arts Commission for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - April 14, 2009.) Enacted Number: M09-95 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos 090508 [Appointment, Arts Commission - Amy Chuang] Motion approving the Mayor's appointment of Amy Chuang to the Arts Commission for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - April 14, 2009.) Enacted Number: M09-94 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos 090510 [Appointment, Arts Commission - Leo Chow] Motion approving the Mayor's appointment of Leo Chow to the Arts Commission for the term ending January 15, 2011. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - April 14, 2009.) Enacted Number: M09-93 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos 090512 [Reappointment, Retirement Systems Board - Richard Peterson, Jr.] Supervisor Elsbernd Motion approving the Mayor's reappointment of Richard Peterson, Jr. to the Retirement Systems Board for the term ending February 20, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - April 14, 2009.) Supervisor Elsbernd requested to be added as sponsor. Enacted Number: M09-92 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090514 [Appointment, Commission on the Status of Women - Julie Soo] Motion approving the Mayor's appointment of Julie Soo to the Commission on the Status of Women for the term ending April 13, 2012. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - April 14, 2009.) Enacted Number: M09-91 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Abdullah Megaheed; expressed concern with issues relating to peace in the Middle East. James Chaffee; expressed concern with issues relating to the SF Public Library. Michael Barrett; expressed concern with issues relating to MUNI proof of payment. Jean Cohen; Martino Molina; expressed concern with issues relating to social service programs and potential State budget cuts. Louise Vaughn; expressed concern with issues relating to homeowners bailout. Wendy Bolker; Female Speaker; Heather Young; Robin Cropp; expressed concern with issues relating to lyme disease. John DiDonna; expressed concern with issues relating to guns. Paul Weston; expressed concern with issues relating to St. Vincent de Paul's negligence. Merle Lawrence; expressed concern with issues relating to budget. Male Speaker; expressed concern with issues relating to bus service cuts. Male Speaker; expressed concern with issues relating to the Rockefellers. Male Speaker; expressed concern with issues relating to Prop A and budget problems. Paulette Brown; expressed concern with issues relating to human services and solving child homicides and violence in the community. Male Speaker; expressed concern with issues relating to public process and Western Addition budget. CLOSED SESSION 090566 [Closed Session - Update on labor negotiations concerning City workers from the Mayor's Office and the Department of Human Resources] Supervisor Chiu Motion that the Board of Supervisors convene in closed session on May 12, 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). APPROVED. The Board recessed at the hour of 4:54 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Persons in attendance: Cheryl Adams, Deputy City Attorney Micki Callahan, Director of Department of Human Resources Martin Gran, Director of Employee Relations Ben Rosenfield, Controller Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Reconvening of the Board The following Supervisors were noted present: Supervisors Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi The Board at the hour of 5:20 p.m. reconvened. Matter was heard in Closed Session and Filed. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Dufty, seconded by Supervisor Campos, moved not disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi FOR ADOPTION WITHOUT COMMITTEE REFERENCE 090565 [Update on labor negotiations concerning City workers from the Mayor's Office and the Department of Human Resources] Supervisor Chiu Motion that the Board of Supervisors convene in closed session on May 12, 2009, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. Enacted Number: M09-90 APPROVED 090535 [Declaring Van Ness Avenue and Geary Boulevard Bus Rapid Transits as San Francisco's Top Federal Small Starts Funding Priority] Supervisors Dufty, Mar, Mirkarimi, Daly Resolution declaring Van Ness Avenue Bus Rapid Transit and Geary Boulevard Bus Rapid Transit as San Francisco's top priority for Federal Small Starts Funding. Enacted Number: 190-09 ADOPTED 090560 [Proclaiming May 17-23, 2009, as Public Works Week in San Francisco] Supervisors Chiu, Dufty Resolution declaring May 17-23, 2009, as Public Works Week in San Francisco; acknowledging that the San Francisco Department of Public Works is an integral part of the community and has produced significant achievements; encouraging all San Francisco residents and businesses to work in collaboration with the department. Enacted Number: 191-09 ADOPTED 090561 [Issuance and Sale of Revenue Bonds - 178 Townsend Street Housing Project] Supervisor Daly Resolution approving the issuance and sale of tax-exempt bonds by the Association of Bay Area Governments for Nonprofit Corporations in an aggregate principal amount not to exceed $30,000,000 for financing the rehabilitation of a housing project located at 178 Townsend Street, subject to the policies for such approvals adopted by the Board of Supervisors in Ordinance No. 36-07. Enacted Number: 192-09 ADOPTED 090562 [Richmond/Senator Milton Marks Branch Library grand re-opening] Supervisors Mar, Campos, Elsbernd Resolution recognizing the grand re-opening of the Richmond/Senator Milton Marks Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. Supervisors Campos and Elsbernd requested to be added as co-sponsors. Enacted Number: 193-09 ADOPTED 090563 [Commending Superior Court Judge John Dearman for his 31 years of distinguished service to the City and County of San Francisco] Supervisors Dufty, Maxwell, Campos Resolution commending Superior Court Judge John Dearman for his 31 years of distinguished service to the City and County of San Francisco. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 194-09 ADOPTED 090564 [Urging the Controller's Office to undertake a performance audit of the J Church Metro line] Supervisors Dufty, Avalos Resolution urging the Controller's Office to undertake a performance audit of the J Church Metro line. Enacted Number: 195-09 ADOPTED 090559 [Authorization for designated City and County officials to obtain federal financial assistance provided by the Department of Homeland Security] Supervisor Alioto-Pier Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco, a public entity established under the law of the State of California, any applications or agreements and to take any actions necessary to obtain federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California, including the following grants: Emergency Management Performance Grant, Hazard Mitigation Grant, Pre-Disaster Mitigation Grant, and Emergency Operations Center Grant. Enacted Number: 196-09 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Alioto-Pier Supervisor Dufty, seconded by Supervisor Elsbernd, moved to rescind the previous vote. The motion to rescind the previous vote passed without objection. The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi IMPERATIVE AGENDA OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 090583 [Just cause eviction protections for residential tenants, extend to non-rent controlled units] Supervisor Avalos Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Sections 37.2 and 37. 3 to extend just cause eviction requirements and protections to tenants in units that are not now subject to eviction controls (i.e., most residential rental units with a certificate of occupancy issued after June 13, 1979); and by amending Chapter 37A "Rent Stabilization and Arbitration Fee" by amending Section 37A.1 to extend the City's current residential rental unit fee to these units. 5/12/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/11/2009. 090584 [Requiring Lighting Efficiency Measures in Commercial and City Buildings] Supervisor Dufty Ordinance amending the San Francisco Building Code by adding a new Chapter 13D to require commercial buildings to increase efficiency of fluorescent lighting by 2011; amending Section 705 of the Environment Code to require City-owned facilities to increase efficiency of fluorescent lighting; adopting findings required by California Health and Safety Code Section 17958.7 and environmental findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage. 5/12/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/11/2009. 090585 [Safe Streets and Road Repair General Obligation Bond Election - $368,000,000] Mayor, Supervisors Chiu, Dufty, Mar, Alioto-Pier, Campos Ordinance calling and providing for a special election to be held in the City and County of San Francisco on Tuesday, November 3rd 2009, for the purpose of submitting to San Francisco voters a proposition to incur the following bonded debt of the City and County: $368,000,000 to finance the resurfacing of roads, repair of sidewalks and street structures, and the redesign of streetscapes to include curb ramps and other pedestrian safety features and related costs necessary or convenient for the foregoing purposes; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants in accordance with Chapter 37 of the San Francisco Administrative Code; finding that the estimated cost of such proposed project is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest; prescribing notice to be given of such election; finding that the proposed bond is not a project under the California Environmental Quality Act, ("CEQA"); finding that the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; consolidating the special election with the general election; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with the restrictions on the use of bond proceeds specified in Section 53410 of the California Government Code; incorporating the provisions of the San Francisco Administrative Code, Sections 5.30 - 5.36; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code. (Fiscal Impact.) 5/12/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090587 [Appropriating $14,152,000 to support cost overruns at San Francisco General and Laguna Honda Hospitals in the Department of Public Health for Fiscal Year 2008-2009] Mayor Ordinance appropriating $14,152,000, including $12,051,000 from surplus hospital revenues at San Francisco General Hospital, $1,891,000 from surplus Department of Public Health General Fund revenues, and $210,000 from surplus hospital revenues at Laguna Honda Hospital, for cost overruns at San Francisco General Hospital and Laguna Honda Hospital in the Department of Public Health for Fiscal Year 2008-2009. (Fiscal Impact.) 5/12/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090588 [Building Code - fee adjustment] Mayor, Supervisor Chiu Ordinance amending the Building Code to amend various sections and fee schedule tables concerning fees, permits requirements and terms, inspections, and other actions; and adopting environmental findings. 5/12/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090589 [Electrical Code - permit expiration] Mayor, Supervisor Chiu Ordinance amending Electrical Code Section 89.1.22 concerning permit expiration and partial refund of fees. 5/12/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090590 [Plumbing Code - permit expiration] Mayor, Supervisor Chiu Ordinance amending Plumbing Code Section 103.3.4.1 concerning permit expiration and partial refund of fees. 5/12/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolutions 090568 [Resolution of Intention to form the Excelsior Community Benefit District] Supervisor Avalos Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the "Excelsior Community Benefit District" and levy a multi-year assessment on identified parcels in the district, (2) approving the management district plan and engineer's report and proposed boundaries map for the district, (3) ordering and setting a time and place for a public hearing thereon, (4) approving the form of the Notice of Public Hearing and Assessment Ballots, and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. 5/12/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 090569 [Resolution of Intention to renew the Union Square Business Improvement District, to be known as the Greater Union Square Business Improvement District] Supervisor Chiu Resolution (1) declaring the intention of the Board of Supervisors to renew the property-based Union Square business improvement district, to be known as the "Greater Union Square Business Improvement District," and to levy a multi-year assessment on identified parcels in the district; (2) approving the management district plan and engineer's report and proposed boundaries map for the district; (3) ordering and setting a time and place for a public hearing thereon; (4) approving the form of the Notice of Public Hearing and Assessment Ballots; and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. 5/12/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 090586 [Safe Streets and Road Repair General Obligation Bonds] Mayor, Supervisors Chiu, Dufty, Mar, Alioto-Pier, Campos Resolution determining and declaring that the public interest and necessity demand the resurfacing of roads, repair of sidewalks and street structures, and the redesign of streetscapes to include curb ramps and other pedestrian safety features and the payment of related costs necessary or convenient for the foregoing purposes; finding that the estimated cost of $368,000,000 for such improvements is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require incurring bonded indebtedness; finding that the proposed bond is not a project under the California Environmental Quality Act, ("CEQA"); finding the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; and waiving the time limits set forth in Administrative Code section 2.34. (Fiscal Impact.) 5/12/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090591 [Lyme Disease Awareness Month - May 2009] Supervisors Alioto-Pier, Dufty, Campos Resolution declaring May 2009 as Lyme Disease Awareness Month. 5/12/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090592 [Opposing the elimination of the State Department of Boating and Waterways] Supervisor Alioto-Pier Resolution opposing Governor Arnold Schwarzenegger's proposed elimination of the California Department of Boating and Waterways (DBW). 5/12/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090593 [Commending Community Behavioral Health Services (CBHS)] Supervisors Avalos, Campos Resolution commending Community Behavioral Health Services (CBHS) on its exemplary work implementing the Mental Health Services Act (MHSA). 5/12/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090594 [Supporting recognition of married same-sex couples in the 2010 Census] Mayor, Supervisors Dufty, Mirkarimi, Mar, Elsbernd, Campos, Alioto-Pier, Chiu, Avalos Resolution calling for the recognition of legally married same-sex couples in the 2010 Census and for federal agencies to include lesbian, gay, bisexual and transgender individuals in all federal surveys and data collection. 5/12/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 090580 [Assessment of City's overall victims' assistance, witness protection and trauma recovery services] Supervisor Avalos Hearing request on assessment of City's overall victims' assistance, witness protection and trauma recovery services, including assessment of service coverage and gaps as well as overall coordination of victims' and trauma recovery services. 5/12/09, RECEIVED AND ASSIGNED to Public Safety Committee. 090581 [San Francisco Unified School District's policies to make college a more viable option for every student] Supervisor Elsbernd Hearing on the San Francisco Unified School District's policies designed to make college a more viable option for every student. The hearing will examine efforts to align the District's graduation requirements with the A-G course sequence, which is required for admission to California public universities. The hearing will address the district's efforts to meet these expectations, particularly with respect to learning support, professional development, and the realignment of resources. 5/12/09, RECEIVED AND ASSIGNED to City and School District Select Committee. 090582 [Civil Grand Jury Report entitled "The Numbers Have Something to Say, Is Anybody Listening? Performance Measurement (PM) in San Francisco City Government"] Supervisor Mirkarimi Hearing before the Government Audit and Oversight Committee regarding Civil Grand Jury Report entitled: "The Numbers Have Something to Say, Is Anybody Listening? Performance Measurement (PM) in San Francisco City Government." 5/12/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 090501 [Settlement of Lawsuits - Transdyn/Cresci Joint Venture totaling $5,923,143.27] Ordinance authorizing settlement of lawsuits filed by Transdyn/Cresci Joint Venture ("Joint Venture") against the City and County of San Francisco (the "City") seeking an unspecified amount of damages; the first lawsuit was filed by JMB Construction, Inc. against the Joint Venture on May 28, 2003 as JMB Construction, Inc. v. Transdyn/Cresci Joint Venture et al. Various cross-actions were filed, including an action filed by the Joint Venture against the City. The actions were coordinated as the SCADA cases in Alameda County Superior Court, JCCP 004364. The action between the Joint Venture and the City went to trial. The jury awarded a net judgment to the Joint Venture, and the trial court entered judgment (including costs) against the City in the amount of $4,874,200.16. Cross-appeals were filed by both the Joint Venture and the City. The material terms of this settlement are: 1) The City will pay a total of $4,973,143.27 to the Joint Venture for the judgment and interest on the judgment; and 2) The City will pay $950,000 to settle all remaining issues, including the Joint Venture's claim for attorney's fees. (City Attorney) 5/5/09, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 090500 [Approval of settlement for 800 MHz reconfiguration with Sprint/Nextel] Resolution approving settlement of administrative action before the Federal Communications Commission, WT docket No. 02-55, involving the City and County of San Francisco against the Sprint/Nextel Corporation for the reconfiguration of the City's 800 MHz Radio Communications System. (City Attorney) 5/1/09, RECEIVED AND ASSIGNED to Rules Committee. Requests Granted From: Supervisor Dufty To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation to increase the fine for fare evasion on Muni from $50 to $75. And also to establish that a second offense will be cited with up to a $250 fine and a third offense up to $500 fine. From: Supervisor Dufty To: Controller, Controllers Office Requesting/Inquiring: Supervisor Dufty inquires that the Controllers office investigates the current cost of utility undergrounding in the City and County of San Francisco, which has been estimated at $7 million per mile. The Controller's office should provide information on what options exist to lower the cost per mile for undergrounding by recommending greater efficiencies such as the possibility of competitively bidding the City's undergrounding projects instead of the current situation in which undergounding projects are completed by the electric utility that controls the contracting process. In addition, the Controller's office should consider whether a continuous audit and ongoing oversight could increase efficiency and lower the cost-per-mile for undergrounding in San Francisco. The Controller's office should also consider whether undergrounding utilities in San Francisco should be prioritized and included in the scope of work when streets are being re-paved, having the gas lines replaced or when a street is part of any other street improvements in which undergrounding could be added. From: Supervisor Elsbernd To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft a Charter Amendment eliminating the current non-negotiable wage formula for MUNI operators and removing human resources responsibilities from MTA and delegating such responsibilities to the Department of Human Resources. From: Supervisor Mirkarimi To: City Attorney To: Controller Requesting/Inquiring: Supervisor Mirkarimi request the City Attorney and Controller to opine on the process for selling the City-owned Combustion Turbines (Previously proposed to be utilized to construct power plants in the City and at the airport aka Peaker Plants) and applying the proceeds of such sale toward City contracted renewable energy installations. 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: Alamo Square Bulletin Board Garbage Cans Northwest corner Haight & Fillmore Southeast corner Turk & Pierce Southeast Page & Fillmore Northeast Waller & Scott Mailboxes Northeast corner Laguna & Fulton Southeast corner Gough & Grove 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 location: On Fulton, East of Masonic, on South side of street. 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: 99 Haight 399 Grove 161 Pierce 1401 Haight 485 Scott 478-484 Haight 255 Steiner 378 Fillmore 400 Fillmore 959 Haight 1305 Haight 420 Haight 799 Haight 681 Haight 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 555 Haight Northwest corner Fulton & Clayton Northwest corner Oak & Scott Northeast corner Divisadero & Fell Southeast corner Divisadero & Haight (near bus shelter) In front of 355 Fulton Wood Pole Northeast corner Waller & Steiner Southeast corner Steiner & Germania 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 Southeast corner Divisadero & Fulton Southwest corner Scott & Haight Near 1213 Fell Northeast corner Waller & Scott Bus Shelters Southeast corner Haight & Buena Vista West Northeast corner Haight & Buena Vista East Southeast corner Buchanan & Haight Southside of street @ Haight & Buena Vista West Fillmore and Haight (all 4 bus stops, graffiti and grime) Emergency Boxes Northeast corner Divisadero & 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 newsstand at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero & Sutter 9th Avenue & Judah (near bus stops) 7th Avenue & Irving (near bus stops) Northwest corner of Hayes & Fillmore Southeast corner of Fillmore & Haight San Francisco Chronicle Northwest corner of Fillmore & Hayes Southeast corner of Haight & Fillmore Irving & 9th Avenue Irving & 7th Avenue Southwest corner of Haight & Clayton Southeast corner of Haight & Masonic Examiner Northwest corner of Fillmore & Hayes Southeast corner Haight & Fillmore SF Daily Northwest corner Hayes & Gough City Star Northwest corner of Hayes & Gough Southeast corner of Fillmore & Haight SF Weekly Southeast corner of Masonic & Haight and Southeast corner Haight & Fillmore In Memoriams Rosalie Taggi - Supervisor Chiu Francis E. Fee - Supervisors Chu and Elsbernd Thomas P. Alexander - Supervisor Dufty Daniel Otto Scharetg - Supervisor Dufty Antoinette "Toni" Longa - Supervisor Dufty Lieutenant Oscar Tully - Supervisor Dufty Yale Howard Smulyan - Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 6:26 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 June 2, 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