Board of Supervisors Minutes: June 23, 2009

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, June 23, 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 2:08 p.m. On the call of the roll, Supervisor Alioto-Pier was noted absent. There was a quorum. Supervisor Alioto-Pier was noted present at 2:13 p.m. COMMUNICATIONS Supervisor Chiu congratulated Supervisor Elsbernd on the birth of his son 'Michael' and announced the availability of 'Wi-Fi' in the Board Chamber in partnership with the Department of Telecommunications. Chris Vien, Director of Department of Telecommunications, spoke of the partnership with the Board of Supervisors. CONSENT AGENDA Recommendation of the Budget and Finance Committee 090544 [Revising Board of Appeals Surcharges] Mayor Ordinance amending Section 10G.1 of the San Francisco Administrative Code to adjust the surcharges on permit fees, license fees, permit review fees and permit and license renewal fees imposed by the Department of Building Inspection, the Planning Commission, the San Francisco Municipal Transportation Agency Board of Directors, the Police Department, the Department of Public Works, the Entertainment Commission, the Department of Public Health and the Arts Commission for permits and licenses that may be appealed to the Board of Appeals, and making environmental findings. Enacted Number: 112-09 FINALLY PASSED Recommendations of the Budget and Finance Subcommittee 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. Enacted Number: 107-09 FINALLY PASSED 090589 [Electrical Code - permit expiration] Mayor, Supervisors Chiu, Chu Ordinance amending Electrical Code Section 89.1.22 concerning permit expiration and partial refund of fees. Enacted Number: 106-09 FINALLY PASSED 090590 [Plumbing Code - permit expiration] Mayor, Supervisors Chiu, Chu Ordinance amending Plumbing Code Section 103.3.4.1 concerning permit expiration and partial refund of fees. Enacted Number: 108-09 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 090639 [MOU, Amendment #2 - Union of American Physicians and Dentists (Unit 11-AA)] Mayor Ordinance adopting and implementing Amendment #2 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Union of American Physicians and Dentists (Unit 11-AA) by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2009-2010 and 2010-2011. Enacted Number: 125-09 FINALLY PASSED 090640 [MOU, Amendment #1 - Multiple Unions (Crafts Coalition)] Mayor Ordinance adopting and implementing Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Bricklayers and Allied Crafts, Local 3; Hod Carriers, Local 166; Building Inspectors' Association; The Northern California Carpenters Regional Council, Local 22; Carpet, Linoleum and Soft Tile Workers, Local 12; Cement Masons, Local 300; Glaziers, Architectural Metal and Glass Workers, Local Union No. 718; International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artist and Allied Crafts of the United States, Its Territories and Canada, Local 16; International Association of Bridge, Structural, Ornamental, Reinforcing Iron Workers, Riggers and Machinery Movers, Local 377; Auto, Marine and Specialty Painters, Local Union No. 1176; Pile Drivers, Divers, Carpenters, Bridge, Wharf and Dock Builders, Local Union No. 34; Plasterers and Shophands, Local 66; United Union of Roofers, Waterproofers and Allied Workers, Local 40; Sheet Metal Workers International Union, Local 104; Teamsters, Local 853, by extending the term of the parties' Agreement through June 30, 2010, and by implementing specified terms and conditions of employment for fiscal year 2009-2010. Enacted Number: 127-09 FINALLY PASSED 090641 [MOU, Amendment #1 - San Francisco Institutional Police Officers' Association] Mayor Ordinance adopting and implementing the mediated settlement that establishes Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Institutional Police Officers' Association, by extending the term of the parties' Agreement through June 30, 2010, and by implementing specified terms and conditions of employment for fiscal year 2009-2010. Enacted Number: 124-09 FINALLY PASSED 090642 [MOU - International Brotherhood of Electrical Workers Local Union 6, AFL-CIO] Mayor Ordinance adopting and implementing the arbitration award establishing the Memorandum of Understanding between the City and County of San Francisco and the International Brotherhood of Electrical Workers Local Union 6, AFL-CIO, to be effective July 1, 2009, through June 30, 2010. Enacted Number: 113-09 FINALLY PASSED 090643 [MOU, Amendment #1 - Municipal Executives' Association Fire] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association Fire by implementing specified terms and conditions of employment for fiscal years 2009-2010 and 2010-2011. Enacted Number: 119-09 FINALLY PASSED 090644 [MOU, Amendment #1 - Municipal Executives' Association Police] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association Police by extending the term of the parties' Agreement through June 30, 2012, and by implementing specified terms and conditions of employment for fiscal years 2009-2010, 2010-2011, and 2011-2012. Enacted Number: 120-09 FINALLY PASSED 090647 [MOU, Amendment #1 - Transport Workers Union of America, AFL-CIO, Local 250-A (Non-MTA 7410)] Mayor Ordinance adopting and implementing the modified arbitration award that establishes Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Transport Workers Union of America, AFL-CIO, Local 250-A (Non-MTA 7410), by extending the term of the parties' Agreement through June 30, 2010, and by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. Enacted Number: 129-09 FINALLY PASSED 090648 [MOU, Amendment #1 - Transport Workers Union of America, AFL-CIO, Local 250-A (Multi-Unit)] Mayor Ordinance adopting and implementing the modified arbitration award that establishes Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Transport Workers Union of America, AFL-CIO, Local 250-A (Multi-Unit), by extending the term of the parties' Agreement through June 30, 2010, and by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. Enacted Number: 128-09 FINALLY PASSED 090649 [MOU, Amendment #3 - Union of American Physicians and Dentists (Unit 8-CC)] Mayor Ordinance adopting and implementing Amendment #3 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Union of American Physicians and Dentists (Unit 8-CC) by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2009-2010 and 2010-2011. Enacted Number: 126-09 FINALLY PASSED 090650 [Unrepresented Employees] Mayor Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in job codes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2009. Enacted Number: 114-09 FINALLY PASSED 090673 [MOU, Amendment #1 - Transport Workers Union of America, AFL-CIO, Local 200] Mayor Ordinance adopting and implementing the mediated settlement that establishes Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Transport Workers Union of America, AFL-CIO, Local 200, by extending the terms of the parties' Agreement through June 30, 2010, and by implementing specified terms and conditions of employment for fiscal year 2009-2010. Enacted Number: 122-09 FINALLY PASSED 090674 [MOU, Amendment #1 - San Francisco Deputy Probation Officers' Association] Mayor Ordinance adopting and implementing the mediated settlement that establishes Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Deputy Probation Officers' Association, by extending the term of the parties' Agreement through June 30, 2010, and by implementing specified terms and conditions of employment for fiscal year 2009-2010. Enacted Number: 121-09 FINALLY PASSED 090675 [MOU, Amendment #1 - Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Supervising Probation Officers] Mayor Ordinance adopting and implementing the Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Supervising Probation Officers, by extending the term of the parties' Agreement through June 30, 2010, and by implementing specified terms and conditions of employment for fiscal year 2009-2010. Enacted Number: 137-09 FINALLY PASSED 090676 [MOU, Amendment #3 - Service Employee International Union, Local 1021] Mayor Ordinance adopting and implementing Amendment #3 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021 by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011. Enacted Number: 134-09 FINALLY PASSED 090677 [MOU, Amendment #1 - Service Employee International Union, Staff Per Diem Nurses, Local 1021] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2010 Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021 Staff & Per Diem Nurses by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal year 2009-2010 and 2010-2011. Enacted Number: 135-09 FINALLY PASSED 090680 [MOU, Amendment #1 - District Attorney Investigators' Association] Mayor Ordinance adopting and implementing the mediated settlement that establishes Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the San Francisco District Attorney Investigators' Association, by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2009-2010 and 2010-2011. Enacted Number: 123-09 FINALLY PASSED 090681 [MOU, Amendment #1 - Committee of Interns and Residents, Service Employee International Union, Local 1021] Mayor Ordinance adopting and implementing the mediated settlement that establishes Amendment #1 to the 2006-2009 Memorandum of Understanding between the City and County of San Francisco and the California Association of Interns and Residents/Committee of Interns and Residents, SEIU, by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011. Enacted Number: 136-09 FINALLY PASSED 090683 [MOU, Stationary Engineers, Local 39] Mayor Ordinance adopting and implementing the arbitration award establishing the Memorandum of Understanding between the City and County of San Francisco and the International Union of Operating and Stationary Engineers, Local 39, to be effective July 1, 2009, through June 30, 2010. Enacted Number: 115-09 FINALLY PASSED 090685 [MOU, Amendment #3 - San Francisco Municipal Attorneys' Association] Mayor Ordinance adopting and implementing Amendment #3 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the Municipal Attorneys' Association by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. Enacted Number: 138-09 FINALLY PASSED 090686 [MOU, Amendment #2 - Machinists Union, Local 1414, International Association of Machinists & Aerospace Workers, Machinists Automotive Trades District Lodge 190] Mayor Ordinance adopting and implementing Amendment #2 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the Automotive Machinists Union, Local 1414, Machinists Automotive Trades District 190, International Association of Machinists and Aerospace Workers by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2009-2010 and 2010-2011. Enacted Number: 132-09 FINALLY PASSED 090688 [MOU, Amendment #2 - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38] Mayor Ordinance adopting and implementing Amendment #2 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38 by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. Enacted Number: 133-09 FINALLY PASSED 090689 [MOU, Amendment #2 - International Federation of Professional and Technical Employees, AFL-CIO, Local 21] Mayor Ordinance adopting and implementing the Amendment #2 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the International Federation of Professional and Technical Employees, AFL-CIO, Local 21, by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011. Enacted Number: 131-09 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 090402 [Zoning - New Controls for Massage Establishments] Mayor, Supervisors Chu, Chiu Ordinance amending Planning Code Sections 790.60, 890.60 and 218.1 to restrict permitted accessory massage uses and to make all other massage establishments, as defined, except chair massage in plain view of the public, subject to a conditional use permit; amending Planning Code Section 303 to list additional criteria for the Planning Commission to consider when analyzing conditional use applications for massage establishments; amending the tables at Sections 218.1, 714.1, 715.1, 810.1, 811.1, and 812.1, to change massage establishments from a permitted use to a conditional use in the PDR 1, or Light Industrial Buffer, and PDR 2, or Production, Distribution, and Repair Districts, and in the Broadway Neighborhood Commercial District, the Castro Neighborhood Commercial District, and the Chinatown Mixed Use Districts; amending Planning Code Sections 790.114 and 890.114, to add massage establishments that employ only state-certified massage practitioners to the definitions of Medical Services in the Neighborhood Commercial Districts and Mixed Use Districts, respectively; and adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Enacted Number: 139-09 FINALLY PASSED 090420 [India Basin Industrial Park, Special Use District Amendment] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by amending Section 249.42 to exempt the India Basin Industrial Park Special Use District from minimum off-street parking requirements; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Enacted Number: 141-09 FINALLY PASSED Recommendations of the Rules Committee 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) Enacted Number: 109-09 FINALLY PASSED 090595 [Settlement of Lawsuit - Daniel Alvarenga - $82,500] Ordinance authorizing settlement of the lawsuit filed by Daniel Alvarenga against the City and County of San Francisco for $82,500; the lawsuit was filed on May 11, 2007, in the United States District Court for the Northern District of Illinois, Case No. C07-02526 MEJ, entitled Daniel Alvarenga v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 143-09 FINALLY PASSED 090596 [Settlement of Lawsuit - Vivian Ross - $50,000] Ordinance authorizing settlement of the lawsuit filed by Vivian Ross against the City and County of San Francisco for $50,000; the lawsuit was filed on September 7, 2007, in San Francisco Superior Court, Case No. 466-977; entitled Vivian Ross, et al. v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 145-09 FINALLY PASSED 090597 [Settlement of Lawsuit - U.S. Filter, Inc. (Siemens Water Technology Corp.) - $30,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against U.S. Filter, Inc. (Siemens Water Technology Corp.) by accepting the payment of $30,000 to the City and County of San Francisco from U.S. Filter, Inc. (Siemens Water Technology Corp.); the lawsuit was filed on July 11, 2007, in San Francisco Superior Court, Case No. CGC-07-465059; entitled City and County of San Francisco, et al. v. U.S. Filter, Inc. (Siemens Water Technology Corp.), et al. (City Attorney) Enacted Number: 144-09 FINALLY PASSED 090667 [Settlement of Lawsuit - King, et al. v. City and County of San Francisco - $63,500] Ordinance authorizing settlement of the class action lawsuit entitled King v. City and County of San Francisco, filed on January 4, 2007, in the Superior Court of California, County of San Francisco, Case No. 459-278. Pursuant to the proposed settlement, the City will spend a minimum of $4 million annually to install and upgrade curb ramps in the City's pedestrian rights of way, and the City will pay an aggregate of $63,500 to plaintiffs and their counsel for damages and attorneys' fees. (City Attorney) Enacted Number: 146-09 FINALLY PASSED 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 Chu, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Severed from the Consent Agenda Supervisor Elsbernd requested that this matter be severed so that it may be considered separately. 090682 [MOU, Laborers International Union, Local 261] Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Laborers International Union, Local No. 261, to be effective July 1, 2009, through June 30, 2011. Enacted Number: 116-09 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Elsbernd Excused from Voting Supervisor Chu, seconded by Supervisor Maxwell, moved to excuse Supervisor Elsbernd from voting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 1 - Elsbernd 090687 [MOU, Amendment #3 - Municipal Executives' Association, Misc.] Mayor Ordinance adopting and implementing Amendment #3 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association by extending the term of the parties' Agreement through June 30, 2011, and by implementing specified terms and conditions of employment for fiscal years 2009-2010 and 2010-2011. Enacted Number: 130-09 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 1 - Elsbernd Supervisor Daly requested that this matter be severed so that it may be considered separately. 090403 [Penalties for violation of Massage Practitioner Licensing and Regulation Ordinance] Mayor, Supervisor Chu Ordinance amending Health Code Sections 1918 and 1928 to change the hours of permitted operation for massage establishments and to revise the penalties for violating Health Code Sections 1900 et seq., adding Health Code Section 1928.1 to provide for payment of the costs of administrative and other proceedings, and adding Health Code Section 1928.2 to provide for criminal penalties. Enacted Number: 140-09 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Budget and Finance Committee 090691 [Interim Consolidated Budget and Annual Appropriation Ordinance, Fiscal Year 2009-2010] Mayor Interim Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year June 30, 2010. (Fiscal Impact.) (Supervisor Chu and Supervisor Dufty dissented in Committee.) Enacted Number: 110-09 FINALLY PASSED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd 090692 [Interim Annual Salary Ordinance, Fiscal Year 2009-2010] Mayor Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2010, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor. (Fiscal Impact.) (Supervisor Chu and Supervisor Dufty dissented in Committee.) Enacted Number: 111-09 FINALLY PASSED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Recommendations of the Government Audit and Oversight Committee 090645 [MOU, Amendment #1 - San Francisco Police Officers' Association (P1 and P2A)] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers' Association (P1 and P2A) by extending the term of the parties' Agreement through June 30, 2012, and by implementing specified terms and conditions of employment for fiscal years 2009-2010, 2010-2011, and 2011-2012. Enacted Number: 117-09 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090646 [MOU, Amendment #1 - San Francisco Police Officers' Association (P2-B)] Mayor Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers' Association (P2-B) by extending the term of the parties' Agreement through June 30, 2012, and by implementing specified terms and conditions of employment for fiscal years 2009-2010, 2010-2011, and 2011-2012. Enacted Number: 118-09 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090684 [MOU, Amendment #2 - Operating Engineers, Local 3] Mayor Ordinance adopting and implementing Amendment #2 to the 2006-2010 Memorandum of Understanding between the City and County of San Francisco and the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO by implementing specified terms and conditions of employment for fiscal years 2008-2009 and 2009-2010. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Ordinance be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendation of the Land Use and Economic Development Committee 090392 [Zoning - Ordinance amending Planning Code Section 309.1] Ordinance amending Section 309.1 to the Planning Code to allow a design review exception for Downtown Residential districts permitting minor height measurement modifications that could otherwise be modified as a Planned Unit Development pursuant to Section 304. (Planning Department) Enacted Number: 142-09 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly From the Rules Committee Without Recommendation 090007 [Charter Amendment - Requiring that one-time revenues be spent only for one-time uses, unless otherwise authorized by the Board of Supervisors] Supervisors Elsbernd, Chu Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by adding Section 9.119 to limit the expenditure of one-time revenues to one-time uses, unless the Board of Supervisors waives the limitation for a specific expenditure by a two-thirds' vote, and setting an operative date and an expiration date. Continue to June 30, 2009. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Charter Amendment be CONTINUED. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Daly, seconded by Supervisor Campos, moved that this Charter Amendment be RE-REFERRED to the Rules Committee. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell NEW BUSINESS Recommendations of the Budget and Finance Committee 090723 [Budget Savings Incentive Fund] Mayor Ordinance amending the San Francisco Administrative Code by amending Section 10.20 to permit the suspension of appropriations from the Budget Savings Incentive Fund for any single fiscal year and to deposit the amounts in the Fund as of June 30, 2009, into the General Fund to assist in balancing the FY 2009-2010 budget. (Supervisor Chu dissented in Committee.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090725 [Proposition J Contract/Certification of Specified Contracted-Out Services Previously Approved] Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees, for the following services: Budget Analyst (Board of Supervisors); LGBT Anti-violence Education and Outreach Program (District Attorney); body removal services-Medical Examiner, central shops security, convention facilities management, janitorial services, and security services (General Services Agency-City Administrator); security services-1680 Mission Street (General Services Agency-Public Works); mainframe system support (General Services Agency-Technology); absentee voter ballot distribution (Department of Elections); security services (Human Services Agency); Project S.A.F.E. (Police); and janitorial services (Sheriff). Enacted Number: 257-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090776 [Redevelopment Agency Interim Budget] Mayor Resolution approving an Interim Budget of the Redevelopment Agency of the City and County of San Francisco for fiscal year 2009-2010. (Fiscal Impact.) Enacted Number: 259-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Budget and Finance Subcommittee 090598 [Official Advertising for Fiscal Year 2009-2010] Resolution designating the Examiner and the San Francisco Chronicle as the official newspapers of the City and County of San Francisco for the categories of Type 1 and Type 2 official advertising from July 1, 2009, through June 30, 2010. (Office of Contract Administration) Enacted Number: 255-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090599 [Outreach Advertising for Fiscal Year 2009-2010] Resolution designating the San Francisco Bay View to be the outreach newspaper of the City and County for the African American community; the China Press, the Sing Tao Daily and the World Journal to be the outreach newspapers of the City and County for the Chinese community; the Bay Area Reporter and the Bay Times to be the outreach newspapers of the City and County for the Gay, Lesbian, Bisexual community, and El Mensajero and El Reportero to be the outreach newspapers of the City and County for the Hispanic community, to provide outreach advertising for Fiscal Year 2009-2010. (Office of Contract Administration) Enacted Number: 256-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Government Audit and Oversight Committee Supervisor Maxwell Excused from Voting Supervisor Daly, seconded by Supervisor Elsbernd, moved to excuse Supervisor Maxwell from voting on File Nos. 090276, 090277, 090278, and 090279. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi Excused: 1 - Maxwell 090276 [Housing Code Section 503(d) "Housing Access" extend protections to all persons sharing housing by deleting references to "families" and technical correction to Section 503(b)] Supervisors Daly, Chiu, Avalos, Mirkarimi, Campos Ordinance amending the San Francisco Housing Code Chapter 5, by amending Section 503(d) "Housing Access" to promote affordable housing by extending the protections of that Section to all persons sharing housing by deleting the references to "families" and to specify that the both prospective and current tenants are protected; amending Section 503(b) "Superficial Floor Area" to make a technical correction. PASSED ON FIRST READING by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Excused: 1 - Maxwell 090277 [Residential Rent Ordinance: Limit total amount of annual and banked rent increases imposed to 8% per year, written advance notice of basis for banked increases required] Supervisors Daly, Chiu, Avalos, Mirkarimi, Campos Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.3 to limit the total amount of annual and banked rent increases that may be imposed in any one year to 8% of the tenant's base rent, and to provide that any remaining banked increase may be imposed in the following years, subject to this same 8% limit (Section 37.3(a)(2)); and to require that landlords provide written advance notice to tenants stating the dates upon which the banked increase is based (Section 37.3(b)(1)). PASSED ON FIRST READING by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Maxwell 090278 [Residential Rent Ordinance: Tenant financial hardship relief from Section 37.3 rent increases, when total rent would exceed 33% of tenant's gross income; multilingual outreach] Supervisors Daly, Avalos, Mirkarimi, Campos Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance," by amending Section 37.3 to add Subsection (f) "Tenant Financial Hardship Applications" to provide tenant relief from Section 37.3 rent increases, with relief determined solely on by whether the rent increase would result in tenant's total rent exceeding 33% of tenant's gross income (including consideration of tenant assets); rent increase stayed pending determination of application; if application is granted, the rent increase will not be in effect until the increase will not cause tenant financial hardship, or until the landlord can demonstrate that "inability to impose the rent increase is causing the landlord greater hardship than the tenant's hardship" for a period of time based on the tenant's circumstances, with a review scheduled at the end of that period; a delayed rent increase later allowed will be effective as of the date the tenant's income or assets changed to permit the increase; hardship applications to be available in multiple languages; multilingual notice of hardship application procedures to be mailed with each Administrative Law Judge or Rent Board decision; Rent Board to implement a process for outreach to landlords and tenants whose primary language is not English regarding availability and use of the hardship application procedure, and report to the Board of Supervisors describing the implementation process and any known results; Section 37.3(f) to sunset and no longer be in effect when the City unemployment rate drops to 5% or less according to the annual average published by the California Employment Development Department "Monthly Labor Force Data for Counties, Annual Average." (Fiscal Impact.) (Economic Impact.) Supervisor Daly, seconded by Supervisor Mirkarimi, 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, Mirkarimi Excused: 1 - Maxwell Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance," by amending Section 37.3 to add Subsection (f) "Tenant Financial Hardship Applications" to provide tenant relief from Section 37.3 rent increases, with relief determined by whether (1) a tenant is unemployed or has had wages reduced by 20% or more, or only has income from government benefits such as Social Security and has not received a cost of living increase in the past 12 months, and (2) the rent including the increase comprises or will comprise 33% or more of tenant's gross income (including consideration of tenant assets); rent increase stayed pending determination of application; if application is granted, the rent increase will not be in effect for a period of time based on the tenant's circumstances, with a review scheduled at the end of that period; a delayed rent increase later allowed will be effective as of the date the tenant's income or assets changed to permit the increase; hardship applications to be available in multiple languages; multilingual notice of hardship application procedures to be mailed with each Administrative Law Judge or Rent Board decision; Rent Board to implement a process for outreach to landlords and tenants whose primary language is not English regarding availability and use of the hardship application procedure, and report to the Board of Supervisors describing the implementation process and any known results; Section 37.3(f) to sunset and no longer be in effect when the City unemployment rate drops to 5% or less according to the annual average published by the California Employment Development Department "Monthly Labor Force Data for Counties, Annual Average." (Fiscal Impact.) (Economic Impact.) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Excused: 1 - Maxwell 090279 [Residential Rent Ordinance: Prohibit rent increases and evictions based on additional occupants where total number is within Housing Code Section 503 occupancy limits] Supervisors Daly, Chiu, Avalos, Mirkarimi, Campos Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Sections 37.3 and 37.9 to prohibit rent increases based on the addition of occupants, even where a pre-existing rental agreement or lease otherwise permits a rent increase for additional occupants, except that a landlord may petition for and be granted a rent increase based on increased costs caused by the additional occupant(s), and except that rent increases otherwise permitted by California Civil Code Section 1954.53(d)(1) are not prohibited (Section 37.3(a)(11)); and to prohibit evictions based on the addition of occupants, so long as the total number of occupants does not exceed the maximum number of occupants per sleeping room set by San Francisco Housing Code Section 503(b) "superficial floor area" standards (Section 37.9(a)(2)). Supervisor Daly, seconded by Supervisor Mirkarimi, 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, Mirkarimi Excused: 1 - Maxwell Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Sections 37.3 and 37.9: to prohibit rent increases based on the addition of occupants, even where a pre-existing rental agreement or lease otherwise permits a rent increase for additional occupants, except that a landlord may petition for and be granted a rent increase based on increased costs caused by the additional occupant(s), and except that rent increases otherwise permitted by California Civil Code Section 1954.53(d)(1) are not prohibited (Section 37.3(a)(11)); and to prohibit evictions based on the addition of occupants, so long as the total number of occupants does not exceed the maximum number of occupants per sleeping room set by San Francisco Housing Code 503(b) "superficial floor area" standards, if the landlord has unreasonably refused a written request by the tenant to add the ocupant(s) (Section 37.9(a)(2)). PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Excused: 1 - Maxwell 090734 [Amending Ordinance 125-08, which approved an agreement with Cochran, Inc. to install shoreside power equipment at Piers 27 and 29 of the Port of San Francisco and waived requirements of the Administrative Code and Environment Code] Mayor, Supervisors Chiu, Alioto-Pier, Dufty Ordinance amending Ordinance 125-08, which authorized the Executive Director of the Port to execute an agreement with Cochran, Inc., to install shoreside power equipment at Piers 27 and 29 of the Port of San Francisco and exempted the agreement from the contracting requirements of the Administrative Code and Environment Code, to increase the amount of the contract to design, purchase, and install the shoreside power equipment, and to allow the Port to contract with Cochran, Inc. to operate and maintain said equipment for a period of three (3) years, for a total amount not to exceed $5,198,000. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Campos 090736 [Approval of one-year extension of contract for the San Francisco Treasurer/Tax Collector for software maintenance, support and development for collection of revenue for various City and County departments] Supervisor Dufty Resolution approving one-year extension of software maintenance, license, support and development contract for the San Francisco Treasurer/Tax Collector for services to collect revenue for various City and County departments. Enacted Number: 260-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Land Use and Economic Development Committee 081251 [Planning Code-Appendix K to Article 10, Bush Street-Cottage Row Historic District] Supervisor Mirkarimi Ordinance amending the San Francisco Planning Code by amending Appendix K to Article 10, "Bush Street-Cottage Row Historic District," by adding a new Section 7 to set forth additional requirement for Certificates of Appropriateness; and making findings, including findings of consistency with the General Plan and priority policies of Planning Code Section 101.1 and environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090141 [Zoning - Ordinance Making Tobacco Paraphernalia Establishments a Non-Permitted Use in the Haight Street Neighborhood Commercial District and in the newly created Lower Haight Street Tobacco Paraphernalia Restricted Use District] Supervisor Mirkarimi Ordinance amending the Planning Code to amend Section 227(v), to create a special definition for Tobacco Paraphernalia Establishments applicable in the Haight Street Neighborhood Commercial District and in the Lower Haight Street Tobacco Paraphernalia Restricted Use District, as defined; amending Section 790.123 to refer to this special definition; amending Section 719.1 and the Table at Section 719, to make Tobacco Paraphernalia Establishments, as defined, not permitted in the Haight Street Neighborhood Commercial District; adding new Section 786, to create the Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict; amending Section 186.1, to change the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued in the Haight Street Neighborhood Commercial District and in the newly created Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict from three years to eighteen months; amending Special Use District Map SU 07 of the Zoning Map of the City and County of San Francisco, to reflect the new Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict, and making findings, including findings of consistency with the Priority policies of Planning Code Section 101.1 and environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090327 [First Source Hiring Program - expanding definitions of "entry level position" and "economically disadvantaged individual"] Supervisor Mirkarimi Ordinance amending Section 83.4 of the San Francisco Administrative Code by expanding the definitions of "economically disadvantaged individual" and "entry level position." PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090574 [Hunters View - Resolution of Intent for Street Vacation] Resolution declaring the intention of the Board of Supervisors to vacate portions of Fairfax Avenue and West Point Road and various public service easements in the Hunters View Project; setting a hearing date for all persons interested in the proposed vacation of said street areas. (Public Works Department) Amended on page 3, lines 16-17, by changing the hearing date from "21st day of July, 2009," to "11th day of August, 2009." Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ADOPTED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Dufty, 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 Dufty introduced, welcomed and presented a Certificate of Honor to Dan McKenna in recognition of his 35 years of service to the City and County of San Francisco. Supervisors Elsbernd, Mirkarimi, Chu, Maxwell, and Alioto-Pier also expressed their appreciation to Dan McKenna. Supervisor Campos introduced, welcomed and presented a Certificate of Honor to Anthony Lopez in recognition of his accomplishments and for his continued LGBT community involvement. COMMITTEE REPORTS 090741 [Authorizing City officials the ability to execute Homeland Security Grants] 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 laws of the State of the 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: State Homeland Security Grant Program, Metropolitan Medical Response System and Citizen Corps Program. Enacted Number: 263-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090742 [Homeland Security Grants] 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 laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California under various grant programs, including: the FY 09 Homeland Security Grant Program for the FY 09 Urban Areas Security Initiative (UASI) grant, the FY 09 Buffer Zone Protection Program (BZPP) grant, the FY 09 Regional Catastrophic Preparedness Grant Program (RCPGP), the FY 09 Interoperable Emergency Communications Grant Program (IECGP) and Public Law 110-329. Enacted Number: 262-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Richard Robertson; expressed concerns relating to religion and marriage. James Chaffee; expressed concerns relating to the SF Public Library. Richard McRee; expressed concerns relating to political integrity. Walter; shared in song certain issues with the Board. Rachel West; expressed concerns relating to massage parlor legislation. Lorie Near; expressed concerns relating to massage parlor legislation. Male Speaker; expressed concerns relating to JROTC programs. Ali Atahi; Ahi Sam; Zhedo; Female Speaker; Female Speaker; Anthony Teicher; Khali; Female Speaker; Shariq Sharee; Female Speaker; Rezon; and Female Speaker; expressed support for the people of Iran. Abdullah Megaheed; expressed various concerns. Male Speaker; expressed concerns relating to the budget. Veronica Castenada; expressed concerns relating to JROTC programs. Male Speaker; expressed various religious concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 090821 [Urging the United States Department of Justice to withdraw its support of the Defense of Marriage Act] Supervisors Dufty, Campos, Chiu, Daly, Mar, Avalos Resolution urging the United States Department of Justice to withdraw or amend its support of the Defense of Marriage Act (DOMA) and calling on President Barack Obama to act to repeal DOMA. Supervisors Daly, Mar, and Avalos requested to be added as co-sponsors. Enacted Number: 258-09 ADOPTED 090047 [Final Map - 1151 Sutter Street] Motion approving Final Map 5022, an Eight Residential Unit and One Commercial Unit Mixed-Use Condominium Project, located at 1151 Sutter Street being a subdivision of Lot 014 in Assessors Block No. 0692 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 178,190; District 3.) Enacted Number: M09-120 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Severed From the For Adoption Without Committee Reference Agenda Supervisor Mirkarimi requested that this matter be severed so that it may be considered separately. 090822 [Expressing support for the people of Iran who act in good faith to secure their democratic rights to transparent self governance] Supervisors Mirkarimi, Dufty Resolution expressing support for the people of Iran who act in good faith to secure their democratic rights to transparent self governance. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi The entire Board requested to be added as co-sponsors. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Chiu requested that this matter be severed so that it may be considered separately. 090824 [Federal Energy Efficiency and Conservation Block Grant revenue funding priorities] Supervisor Chiu Resolution establishing funding priorities for revenue from the federal Energy Efficiency and Conservation Block Grant program. RE-REFERRED to the Budget and Finance Committee. Supervisor Alioto-Pier requested that this matter be severed so that it may be considered separately. 090825 [Opposing proposed California constitutional amendment] Supervisors Mirkarimi, Avalos, Campos, Mar Resolution in opposition to the proposed California constitutional amendment ballot measure misleadingly referred to as the "Taxpayers Right to Vote Act." Supervisors Avalos and Campos requested to be added as co-sponsors. Continued to June 30, 2009. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Dufty, seconded by Supervisor Mirkarimi, moved ADOPTION of the purely commendatory finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Dufty, seconded by Supervisor Mirkarimi, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090827 [Commending Dan McKenna of the Bureau of Street Use and Mapping on his retirement] Supervisor Dufty Resolution commending Dan McKenna of the Bureau of Street Use and Mapping on the occasion of his retirement. Enacted Number: 261-09 Supervisor Dufty, seconded by Supervisor Mirkarimi, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 090833 [Lobbyist Ordinance Amendments] Supervisor Chiu Ordinance amending Chapter I of Article II of the Campaign and Governmental Conduct Code by amending Sections 2.100, 2.105, 2.110, 2.115, 2.117, 2.130, 2.135, 2.140, 2.145 and 2.150, adding Section 2.116, and deleting Sections 2.125 and 2.160, to simplify registration requirements, adopt a more equitable fee structure, ease electronic filing of lobbyist disclosures, and establish an effective date for these amendments. 6/23/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/23/2009. Referred to the Ethics Commission on July 15, 2009. 090835 [Residential Rent Ordinance: Prohibiting owner move-in evictions of families with children; and changing the definition of "disabled" tenants protected from owner move-in evictions] Supervisor Mar Draft ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9(i) to prohibit owner move-in evictions of families with children, where a member of the household is under the age of 18 and a member of a household which has resided in the unit for at least 12 months; and changing the definition of "disabled" tenants protected from owner move-in evictions to be the definition in Government Code Section 12955.3, in place of the current definition that is tied to federal Supplemental Security Income and California State Supplemental Program (SSI/SSP) definitions. 6/23/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 7/23/2009. 090698 [Planning Fee Procedures and Adjustments] Mayor Ordinance amending the San Francisco Planning Code by amending Article 3.5 to increase fees to recover costs for monitoring conditions of approval, code violation abatement, and the General Advertising Sign Program; establish a fee for department facilitated pre-application meetings; modify refund procedures; modify the indigent fee waiver provision; clarify phased collections and payment deferment; establish a new processing fee for phased payments; and adopting Section 302 and environmental findings. 6/1/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 6/23/09, ASSIGNED to Budget and Finance Committee. 6/23/09, SUBSTITUTED. Mayor Newsom submitted a substitute ordinance bearing new title. 090699 [Code Enforcement Fund; Fees] Mayor Ordinance amending the San Francisco Administrative Code by amending Section 10.100-166 to expand the Planning Department's Code Enforcement Fund beyond general advertising signs and authorize the Fund to receive revenues from all types of code enforcement activities, including monetary judgments, and authorize expenditure of the funds for administration and enforcement of all Planning Code violations; amending the San Francisco Planning Code by amending Sections 303(l) and 358 to clarify that wall signs are included in the requirements; amending Sections 303(l) and 604.2 to delete the requirement to submit a site map, amending Section 358 to increase the annual inventory maintenance fee, clarify use of the general advertising sign inventory fees and to make technical changes to the language of the section; amending Section 604.2 to provide that violation of the Code's general advertising sign inventory requirements is a public nuisance, to clarify that the definition of the term "general advertising sign company" includes the operator of the sign, to modify language required to be in the affidavit submitted with the sign inventory, to conform the penalty and appeal procedure with Section 610, and to make other clarifying and technical changes to the language of the section; adopting CEQA and Planning Code Section 302 findings. 6/1/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 6/23/09, SUBSTITUTED. Mayor Newsom submitted a substitute ordinance bearing new title. 6/23/09, ASSIGNED to Budget and Finance Committee. 090837 [Penalty for alcohol content testing in Driving Under the Influence cases] Mayor Ordinance amending Administrative Code by adding Section 8.14-1, to impose an additional $50 penalty for violation of certain Vehicle Code sections to pay for alcohol testing by the Medical Examiner. 6/23/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolutions 090827 [Commending Dan McKenna of the Bureau of Street Use and Mapping on his retirement] Supervisor Dufty Resolution commending Dan McKenna of the Bureau of Street Use and Mapping on the occasion of his retirement. 6/23/09, ADOPTED. 090834 [California Public Employees' Retirement System (CalPERS) Contract Amendment] Supervisor Elsbernd Resolution of intention to approve an amendment to contract between the Board of Administration, California Public Employees' Retirement System (CalPERS), and the Board of Supervisors, City and County of San Francisco. (Fiscal Impact.) 6/23/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090836 [Lease of concession properties within the Japanese Tea Garden in Golden Gate Park] Supervisors Mirkarimi, Mar, Dufty Resolution authorizing and approving the execution, delivery and performance of a Lease for the management and operation of the concessions associated with the Japanese Tea Garden in Golden Gate Park. 6/23/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090838 [Fair and balanced State budget] Supervisor Avalos Resolution urging California's elected leaders to use a fair and balanced approach to solving the State's budget crisis. 6/23/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090839 [Accept and Expend State Grant - Recreation and Park Department - $68,250] Supervisor Avalos Resolution authorizing the San Francisco Recreation and Park Department to accept and expend retroactively a grant in the amount of $68,250 from the California Integrated Waste Management Board for the purchase of tire derived products for the Crocker Amazon Soccer Complex Project. 6/23/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090840 [Urging California State Legislature to reject the passage of Assembly Bill 746 (Conflicts of Interest)] Supervisors Chiu, Campos Resolution urging the California State Legislature to reject the passage of Assembly Bill 746, relating to conflicts of interest. 6/23/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090841 [Commending Shanghai Pride Week as China's first gay pride festival, and recognizing its organizers and the Chinese government] Supervisors Dufty, Campos, Mar Resolution commending Shanghai Pride Week as China's first gay pride festival, and recognizing its organizers and the Chinese government for their role in its actualization. 6/23/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090842 [Commending Carri Lucas for 29 years of dedicated service in the San Francisco Police Department] Supervisor Dufty Resolution commending Carri Lucas for 29 years of dedicated service in the San Francisco Police Department. 6/23/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090843 [California State Budget - Opposing the use of motor fuel tax and redevelopment tax increment funds] Supervisor Maxwell Resolution urging the City Attorney and the General Counsel of the San Francisco Redevelopment Agency to cooperate with the League of California Cities, the California Redevelopment Association, and other cities and counties in possible litigation challenging the constitutionality of any seizure by State government of the City's street maintenance and redevelopment funds. 6/23/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion 090794 [Submission of Parcel Tax to voters] Supervisors Avalos, Mirkarimi Motion ordering submitted to the voters an "Ordinance amending the Business and Tax Regulations Code of the City and County by: (1) adding Article 18, Parcel Tax, (2) amending Section 6.1-1 of Article 6, Common Administrative Provisions, to include appropriate cross-reference to new Article 18, and (3) amending the Administrative Code by adding Section 10.100-248 (Recreation and Parks Parcel Tax Fund)," at an election to be held on November 3, 2009. (Economic Impact.) 6/9/09, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 7/9/2009. 6/23/09, SUBSTITUTED. Supervisor Avalos submitted a substitute motion bearing new title. 6/23/09, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 7/9/2009. PROPOSED ORDINANCE 090811 [Settlement of Lawsuit - Craig Yates and Richard Skaff - $312,000] Ordinance authorizing settlement of multiple lawsuits filed by Craig Yates and Richard Skaff against the City and County of San Francisco and San Francisco Uptown Parking Corporation for $312,000; further authorizing settlement of San Francisco's cross-claims against San Francisco Parking, Inc., d/b/a City Park for $150,000 to be paid to the City and County of San Francisco; the lawsuits entitled: (1) Craig Yates v. Union Square, et al., Case No. C07-4087-JSW, filed August 9, 2007, in the United States District Court, Northern District of California; (2) Craig Yates v. Union Square, et al., Case No. CGC-08-473176, filed March 11, 2008, in San Francisco Superior Court; (3) Richard Skaff v. Union Square, et al., Case No. 08-CV-2555-JSW, filed May 20, 2008, in the United States District Court, Northern District of California; and (4) Richard Skaff v. Union Square, et al., Case No. CGC-08-475516, filed May 20, 2008, in San Francisco Superior Court. (City Attorney) 6/15/09, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 090809 [Street Artist Spaces - 17th Street at Castro and Market Streets] Supervisors Dufty, Campos Resolution approving designation for six (6) months of eight (8) temporary selling spaces in "mini-plaza" on 17th Street at Castro and Market Streets for street artists certified by the Arts Commission, City and County of San Francisco; exempting said spaces from the regulation of Police Code Section 2405(c)(11) relating to distance between street artists; said spaces subject to Board of Supervisors review. (Arts Commission) 6/11/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Supervisor Dufty requested to be added as sponsor. 090810 [Street Artist Spaces - Hayes Street near Octavia] Resolution approving designation for six (6) months of four (4) temporary selling spaces on Hayes Street, north side, near Octavia Street for street artists certified by the Arts Commission, City and County of San Francisco; said spaces subject to Board of Supervisors review. (Arts Commission) 6/11/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 090823 [Authorization for continued membership in 18 County CalWIN Consortium] Resolution authorizing the Department of Human Services to continue its membership in the 18 County CalWIN Consortium and authorizing the Director of the Human Services Agency to execute the necessary agreements for participation in the consortium's continued development, implementation, maintenance and operation of a computer system for the administration of public benefit programs in accordance with state requirements for which San Francisco's portion of the cost will be $13,110,600 for the extended period of July 1, 2009, through July 31, 2013. Please note: State and Federal reimbursement is at 92% of $13,110,600. County general fund portion $1,048,848. (Human Services Department) (Fiscal Impact.) 6/17/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted 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 Steiner & Scott Bus Shelters Northeast corner Laguna & Mc Allister Northeast corner Fillmore & Hermann (the canopy) Fillmore & Haight (all 4 bus stops, graffiti and grime) Emergency Boxes Northeast corner Haight & 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: Alamo Square Bullentin Board Garbage Cans Southeast corner Fell & Fillmore Northeast corner Grove & Fillmore Northeast corner Golden Gate & Webster Southeast corner Webster & Golden Gate Northeast corner McAllister & Gough Mailboxes Northeast corner Fillmore & 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 newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore & 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 Fillmore & Hayes Southeast corner 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 of Haight & Fillmroe SF Daily Northwest corner of Hayes & Gough City Star Northwest corner of Hayes & Gough Southeast corner of Fillmore & Haight SF Weekly Southeast corner of Masonic & Haight & Southeast corner of Haight & 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 utility poles at the following locations: Metal Pole Across the street from 660 Hayes Wood Pole Northwest corner Haight & Webster Southeast corner Webster & Haight Southeast corner Webster & 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 at the following private property locations: 1151 Webster 1667 Oak 1301 Haight 998 Oak 745 Buchanan 565 Laguna 596 Page 600 Page 438 Buchanan 531 Haight 551 Haight 557 Haight 583 Haight 595 Haight 507 Haight 589 Haight 547 Haight 542 Haight 540 Haight 530 Haight 400 Haight 406 Haight 518 Haight 428 Haight 438 Haight 347 Haight In Memoriams In Memoriams Neda Agha-Soltan - Entire Board Robert Derzon - Supervisor Alioto-Pier Sister Mary Patrice Murray - Supervisor Alioto-Pier Allen White - Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:10 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 July 21, 2009. Meeting Procedures The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber. Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. The agenda packet and legislative files (which contain documents submitted after the distribution of the agenda packet) are available at the Board of Supervisors, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Agendas are available on the Internet at www.sfgov.org/site/bos_meetingsFor information, call (415) 554-5184. Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188. Disability access The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals. Know Your Rights Under the Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine