Board of Supervisors Minutes: June 30, 2009

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, June 30, 2009 2:00 PM City Hall, Legislative Chamber, Room 250 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 2:07 p.m. On the call of the roll, all Supervisors were noted present. APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Dufty, moved to approve the Board Meeting Minutes of June 2, 2009. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi CONSENT AGENDA Recommendations of the City Operations and Neighborhood Services Committee 090493 [Liquor License Transfer - 3950 24th Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 1469 Hyde Street to 3950 24th Street (District 8) to Joseph N. Rogoff for Whole Foods Market California, Inc. dba Whole Foods Market, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Enacted Number: 265-09 ADOPTED 090797 [Accept and Expend Grant - Department of Public Health - $1,925,719] Supervisor Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant from the California Department of Corrections and Rehabilitation (CDCR) in the amount of $1,925,719 to expand the City's treatment capacity for mentally ill parolees; for the period of June 1, 2009, through June 30, 2012. Enacted Number: 266-09 ADOPTED 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. Enacted Number: 148-09 FINALLY PASSED 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. Enacted Number: 151-09 FINALLY PASSED 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." Enacted Number: 149-09 FINALLY PASSED Recommendations of the Rules Committee 090770 [Appointment, Commission on the Aging Advisory Council - Jerry Brown] Motion appointing Jerry Brown, term ending March 31, 2011, to the Commission on the Aging Advisory Council. Jerry Brown, seat 11, succeeding William Hollabaugh, term expired, must be nominee of District 9 Supervisor, for the unexpired portion of a two-year term ending March 31, 2011. Enacted Number: M09-121 APPROVED 090790 [Appointment, Graffiti Advisory Board - Rebecca Delgado Rottman] Motion appointing Rebecca Delgado Rottman, term ending April 10, 2011, to the Graffiti Advisory Board. Rebecca Delgado Rottman, seat 16, succeeding herself, term expired, must represent private schools or art schools who operate in San Francisco, for the unexpired portion of a two-year term ending April 10, 2011. Enacted Number: M09-122 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 REGULAR AGENDA UNFINISHED BUSINESS Recommendation 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.) Enacted Number: 150-09 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Government Audit and Oversight Committee 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. FINALLY PASSED 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)). FINALLY PASSED 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.) FINALLY PASSED 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)). FINALLY PASSED 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.) Enacted Number: 147-09 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Campos NEW BUSINESS Recommendations of the Budget and Finance Committee 090756 [Approval of FY 2009-2010 Expenditure Plan for the Human Services Care Fund] Resolution approving the FY 2009-2010 Expenditure Plan for the Human Services Care Fund. (Human Services Department) (Fiscal Impact.) Enacted Number: 269-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090695 [Approval of FY 2009-2010 Redevelopment Agency Budget and Bonds] Mayor Resolution approving the Budget of the Redevelopment Agency of the City and County of San Francisco for FY 2009-2010 and approving the issuance by the Redevelopment Agency of Bonds in an aggregate principal amount of not to exceed $87.5 million to finance a portion of redevelopment activities described in such approved Budget for FY 2009-2010. (Fiscal Impact.) Enacted Number: 267-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090701 [Setting Patient Rates - effective July 1, 2009] Mayor Ordinance amending Section 128 of the San Francisco Health Code to set patient rates and other services provided by the Department of Public Health, effective July 1, 2009. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090702 [Emergency Medical Services Fees] Mayor Ordinance amending the San Francisco Health Code by amending Section 901 and adding Section 914.5, and amending San Francisco Business and Tax Regulations Code Section 249.8, to amend definitions, add fees and a Certificate of Participation requirement for facilities that receive patients through ambulance service providers, and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090703 [Chain Restaurant Surcharge] Mayor Ordinance adding Section 249.21 to the Business and Tax Regulations Code to impose a surcharge on chain restaurants that qualify as food facilities under State law to recover the Department of Public Health's costs of enforcing California Health and Safety Code Section 114094 regarding disclosure of nutritional and calorie content information, adding provisions for the Controller to adjust fees annually, and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090627 [Extending the duration of the Film Rebate Program and limiting the rebate available to film productions for police services] Supervisors Alioto-Pier, Dufty Ordinance amending Administrative Code Section 57.8 by extending the Film Rebate Program through June 30, 2012, and modifying the definition of "qualified production cost" in order to limit rebates available to film productions for the use of certain police services. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090711 [Recreation and Park Department - Clubhouses and Gymnasiums Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.21 to increase the fees at the Clubhouses and Gymnasiums, to eliminate the reservation fee and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090712 [Recreation and Park Department - Aquatic Facilities Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.40 to increase the fees at the Aquatic facilities and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 2 - Daly, Mirkarimi 090713 [Recreation and Park - Day Camp Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.15 to increase fees for Day Camps and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090714 [Recreation and Park - Kezar Parking Lot Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.08 to increase fees for parking in the lot at the Kezar Stadium and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090717 [Recreation and Park Department - Athletic Field Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.36 to increase the fees for use of Athletic Fields and making environmental findings. (Supervisor Mirkarimi dissented in Committee.) PASSED ON FIRST READING by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 2 - Daly, Mirkarimi 090718 [Recreation and Park Department - Japanese Tea Garden Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.05 to add a non-resident entrance fee for the Japanese Tea Garden and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090719 [Recreation and Park Department - Latch Key and Afterschool Programs Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.30 to increase fees for Latchkey and Afterschool programs and making environmental findings. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090720 [Recreation and Park - Conservatory of Flowers Fees] Mayor Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.34 to add a non-resident entrance fee for the Conservatory of Flowers and making environmental findings. PASSED ON FIRST READING 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 090367 [Planning Code Amendment - Philanthropic Administrative Service Use; Zoning Map Amendment - 2503 Clay Street] Supervisor Alioto-Pier Ordinance amending the San Francisco Planning Code by adding Section 790.107 to define a Philanthropic Administrative Service Use and by adding 718.85 to the Zoning Control Table in Section 718 to authorize a Philanthropic Administrative Service Use as a permitted use in the Upper Fillmore Street Neighborhood Commercial District; amending Sheet ZN02 of the Zoning Maps of the City and County of San Francisco to change the zoning for Assessor's Block 0630, Lot 032 (2503 Clay Street) from RH-2 to Upper Fillmore Street NCD; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090755 [Street Artist Spaces] Resolution approving permanent designation of nine (9) former temporary selling spaces for weekend usage on Market Street, north side, at Steuart Street, for street artists certified by the Arts Commission, City and County of San Francisco; exempting said spaces from the regulations of Police Code Section 2405 relating to street artist display size and bus zone. (Arts Commission) Enacted Number: 270-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 4:00 P.M. 090772 [Public Hearing - Appeal of Final Environmental Impact Report for 2901 California Street/1831-1835 Broderick Street-Drew School Addition] Hearing of persons interested in or objecting to the Planning Commission's May 14, 2009, certification of a Final Environmental Impact Report identified as Planning Case No. 2007.0128E, through its Motion No. 17879, for a proposed Drew School Addition project located at 2901 California Street/1831-1835 Broderick Street, Assessor's Block No. 1029, Lots 003 and 095. (Appellant: Stephen M. Williams on behalf of the Pacific Heights Residents Association and the Western Addition Neighborhood Association) (Filed 6/3/09; Companion Measure to 090773, 090774, 090775; District 2.) Continued to August 4, 2009 Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, 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 090773 [Affirming the certification of the 2901 California Street/1831-1835 Broderick Street (Drew School Addition) FEIR] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 2901 California Street/1831-1835 Broderick Street-Drew School Addition Project. Continued to August 4, 2009 Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, 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 090774 [Reversing the certification of 2901 California Street.1831-1835 Broderick Street (Drew School Addition) FEIR] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for 2901 California Street/1831-1835 Broderick Street-Drew School Addition Project. Continued to August 4, 2009 Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, 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 090775 [Preparation of findings to reverse certification of 2901 California Street/1831-1835 Broderick Street (Drew School Addition) FEIR] Motion directing the Clerk of the Board to prepare findings reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 2901 California Street/1831-1835 Broderick Street-Drew School Addition FEIR. Continued to August 4, 2009 Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, 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 090798 [Bayview Hunters Point Redevelopment Project Area C Interim Controls Extension] Supervisor Maxwell Resolution extending the imposition of interim zoning controls for an additional six (6) months in the area designated as "Area C" in the Bayview Hunters Point Redevelopment Survey Area, an area generally bounded by Jennings Street, Hunters Point Boulevard, Innes Avenue, Earl Street and the San Francisco Bay by requiring a conditional use permit for all new construction, changes of use, alterations that expand the building envelope and demolitions, except for alterations of a lawfully existing use in the M-1, M-2 or NC-2 zones or the establishment of or a change of use on the ground floor of a principally permitted use in the NC-2 area; by specifying criteria to be applied in the evaluation of a conditional use permit application; and adopting findings. Enacted Number: 271-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090828 [Safe Streets and Road Repair General Obligation Bonds - $368,000,000] Mayor, Supervisors Chiu, Dufty, Mar, Campos, Mirkarimi 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.) Ed Reiskin, Department of Public Works Director, provided an overview of the proposed use of bond funding. Nani Coloretti, Office of the Mayor Budget Director, responded to questions raised throughout the discussion. Supervisor Alioto-Pier requested to be removed as a co-sponsor. Enacted Number: 268-09 ADOPTED by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Alioto-Pier, Elsbernd 090753 [Selection of independent City auditors] Supervisor Mirkarimi Resolution selecting independent auditors for the Controller's office and the separately audited departments of the City and authorizing a two-year contract with the selected audit firm with five year's worth of options for renewal. (Fiscal Impact.) Enacted Number: 272-09 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 Abdullah Megaheed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Paulette Brown; expressed concerns relating to human services and solving child homicides and violence in the community. Han Tsu Kim; Robert Gesamme; Jim Klusky; Mike Monroe; Mr. Heinz; Carey; Male Speaker; Male Speaker; expressed concerns relating taxi reform. Walter; shared in song certain issues with the Board. Mark Trout; expressed various concerns. Mr. White; expressed concerns relating to shelters. Male Speaker; expressed concerns relating to taxes and health care. Ed Valeri; expressed various concerns. Female Speaker; Gaby; expressed concerns relating to budget cuts. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Enacted Number: 276-09 ADOPTED 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. Enacted Number: 273-09 ADOPTED 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. Enacted Number: 277-09 ADOPTED 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. Supervisor Mar requested to be added as a co-sponsor. Enacted Number: 274-09 ADOPTED 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. Enacted Number: 275-09 ADOPTED 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. Enacted Number: 264-09 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Severed from the For Adoption Without Committee Reference Agenda 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." Supervisor Mar requested to be added as a co-sponsor. Enacted Number: 278-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Alioto-Pier IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Avalos, seconded by Supervisor Dufty, moved ADOPTION of the purely commendatory finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Avalos, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090852 [Declaring July 1, 2009, Julie Leadbetter Day] Supervisor Avalos Resolution seeking to commend Julie Leadbetter for her dedication to housing advocacy, community development and homeless services in San Francisco, wishing her well until she returns to our great city and declaring July 1, 2009, to be Julie Leadbetter Day. Enacted Number: 279-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Resolutions 090855 [Assessment Ballots for City Parcels, for the proposed renewed and expanded Greater Union Square Business Improvement District] Supervisor Chiu Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf of the City and County of San Francisco, as the owner of three parcels of real property that would be subject to assessment in the proposed renewed and expanded property and business improvement district to be named the Greater Union Square Business Improvement District. 6/30/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 090856 [Approval of Amendment to the Owner Controlled Insurance Program for the Laguna Honda Hospital Replacement Program - $15,279,662] Supervisor Elsbernd Resolution authorizing the Director of Public Works to execute an amendment to the Owner Controlled Insurance Program (OCIP) for the Laguna Honda Hospital Replacement Program from $9,915,928 to $15,279,662. (Fiscal Impact.) 6/30/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090861 [Accept and Expend State Grant - Department of Public Works - $333,000] Mayor Resolution authorizing the Department of Public Works to accept and expend State Transportation Development Act (TDA) Article 3 funds totaling $333,000 for various pedestrian projects in the City and County of San Francisco in FY 2009-2010. (Fiscal Impact.) 6/30/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090862 [Accept and Expend Federal Grant - Department of Public Works - $13,540,000] Mayor Resolution authorizing the filing of an application for Federal American Recovery and Reinvestment Act of 2009 (ARRA) funding, stating the assurance to complete the project, and authorizing the Director of Public Works to accept and expend federal grant funds totaling $13,540,000. 6/30/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090863 [Support for the passing of Assembly Concurrent Resolution No. 42 (Fong; Chinese Americans in California)] Supervisors Mar, Chiu, Chu, Campos Resolution supporting Assembly Concurrent Resolution No. 42 (Fong) that recognizes the extraordinary hardships of Chinese in California as a result of systematic discriminatory practices implemented at the legislative level, which conflict with the principles upon which our country was founded. 6/30/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090864 [Celebrating the 20th anniversary of San Francisco Animal Care & Control] Supervisors Mar, Campos Resolution celebrating the 20th anniversary of San Francisco Animal Care & Control. 6/30/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090865 [Denouncing the coup de etat in Honduras and urging the Honduran government and the international community to support democratic, transparent elections that respect human rights, national sovereignty and democracy] Supervisors Campos, Avalos, Daly, Mar, Maxwell, Mirkarimi, Dufty Resolution denouncing the coup de etat against the duly elected President of Honduras and urging the Honduran government and international community to support democratic elections that respect human rights, national sovereignty, and economic sustainability that leads to conditions of peace and democracy. 6/30/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090866 [Traffic Regulation - Closure of McCoppin Street west of Valencia Street to vehicular traffic] Supervisor Mirkarimi Resolution closing McCoppin Street west of Valencia Street to vehicular traffic; adopting findings, including environmental and findings of consistency with the City's General Plan and priority policies of Planning Code Section 101.1; and authorizing official acts in connection with the street closure. 6/30/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Requests for Hearing 090853 [Mayor's Notice of Minimum Compensation Ordinance for Fiscal Year 2009-2010] Supervisor Avalos Hearing on Mayor's Notice of Minimum Compensation Ordinance under Section 12P.3 for Fiscal Year 2009-2010. 6/30/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090854 [Grantee selection process for the Family Resource Center Initiative] Supervisor Campos Hearing on the grantee selection process for the Family Resource Center Initiative administered by First 5 San Francisco, the Department of Children, Youth and Their Families, and the Human Services Agency. 6/30/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Introduced by the President at the Request of Departments PROPOSED ORDINANCE 090829 [Trinity Plaza Development Agreement Amendment; Property at 1167 Market Street, 670-693 Stevenson Street, and 1164 Mission Street] Ordinance amending a development agreement between the City and County of San Francisco and 1169 Market Street, L.P., for certain real property located at 1167 Market Street (Assessor's Block 3702/Lot 053), 670 Stevenson Street (Assessor's Block 3702/Lot 051), 693 Stevenson Street (Assessor's Block 3702/Lot 052), 1164 Mission Street (Assessor's Block 3702/Lot 039), and a portion of former Jessie Street between 7th and 8th Streets, altogether consisting of approximately 177,295 square feet (4.07 acres) and commonly known as Trinity Plaza, entered into on June 15, 2007, pursuant to Ordinance No. 92-07 adopted by the Board of Supervisors on April 17, 2007 (File No. 061217), to add 5 years to the term, to permit the construction of the entirety of a parking garage, to amend the definition of Existing Tenants, to identify the BMR Units for Building A, to modify the location and selection process for the Replacement Units, and to permit a Project-wide art component for the Project; and adopting environmental, General Plan and Planning Code Section 101.1(b) findings. (Planning Department) 6/16/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. PROPOSED RESOLUTIONS 090830 [Airport Concession Lease] Resolution approving the Terminal 1 Boarding Area "C" Retail Lease between Hudson News Company and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact.) 6/19/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090831 [Settlement of Potential Litigation - George Boutros - $25,000] Resolution authorizing settlement of potential litigation with George Boutros, individually and in his representative capacity as Trustee of The Boutros Family Trust, related to encroachments on San Francisco Public Utilities Commission Right of Way easements that cross Boutros residential property located at 90 Sea Cliff Avenue, San Francisco, CA. (City Attorney) 6/22/09, RECEIVED AND ASSIGNED to Rules Committee. 090832 [Approval of Surface Mining Permit 30 Sunol Valley Quarry Lease] Resolution authorizing the General Manager of the Public Utilities Commission to enter into a quarry lease for a 308.5 acre parcel located in unincorporated Alameda County in the Sunol Valley with Oliver de Silva, Inc., as tenant, through June 1, 2021, pursuant to San Francisco Charter Section 9.118, with rights to extend the term for two years to complete reclamation and with potential expansion and extension rights subject to further environmental review and regulatory approvals. (Public Utilities Commission) (Fiscal Impact.) 6/22/09, 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 report on the status of removing graffiti from the public property at the following locations: Alamo Square Bulletin Board Garbage Can Southeast corner of Page and Fillmore Southeast corner of Buena Vista East and Haight Mailboxes Northwest corner of Laguna and Page Southeast corner of Buchanan and Haight. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and height San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irving and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic San Francisco Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore San Francisco Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight San Francisco Weekly Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works report on the status of removing graffiti at the following private property locations: 310 Divisadero 857 Divisadero 312 Divisadero 498 Broderick 1037 Oak 561 Page 600 Page 350 Laguna 355 Laguna 500 Fillmore 1468 Haight 1470 Haight 1401 Haight 478 Haight 1305 Haight 1301 Haight 1196 Haight 793 Haight 904 Haight 922 Haight 501 Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works report on the status of removing graffiti from utility poles at the following locations: Metal Poles Southeast corner of Buena Vista East and Haight Southwest corner of Haight and Fillmore Northeast corner of Haight and Webster Wood Pole Northeast corner of Webster and Hermann From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works report on the status of removing graffiti from the following public property locations: Utility Boxes Southwest corner Post and Scott Northeast corner of Waller and Stanyan Bus Shelters Southwest corner of Buena Vista East and Haight Southeast corner of Stanyan and Haight Fillmore and Haight (all 4 bus stops, graffiti and grime) Fire Hydrant Southeast corner of Steiner and Haight Emergency Boxes Southeast corner of Frederick and Cole From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring:Requesting that the Department of Public Works report on the status of repairing potholes at the following locations: Potholes: On Fillmore & Grove, on the west side of street Irving & 17th Avenue In Memoriams Tony Patch - Entire Board Joseph Cannon Houghteling - Supervisor Chiu ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:07 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 28, 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