Board of Supervisors Minutes: August 4, 2009

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, August 4, 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 2:06 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 2:09 p.m. APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Elsbernd, moved to approve the Board Meeting Minutes of July 7, 2009. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Alioto-Pier CONSENT AGENDA Recommendations of the Budget and Finance Committee 090820 [Public Employment and Accept-Expend Federal Grant - Amendment to the Annual Salary Ordinance, FY 2009-2010 - Human Services Agency - $26,505,777] Mayor Ordinance amending the FY 2009-2010 Annual Salary Ordinance (Companion File No. 090778) to reflect the addition of temporary and permanent salaries of $7,737,578 and authorizing the Human Services Agency to accept and expend a grant in the amount of $26,505,777 from the United States Department of Health and Human Services, TANF Emergency Contingency Fund, as part of the American Recovery and Reinvestment Act of 2009, to sponsor the Mayor's Jobs NOW Program. (Fiscal Impact.) Enacted Number: 191-09 FINALLY PASSED 090886 [Water Revenue Bond Issuance - $1,310,307,119] Supervisor Avalos Ordinance approving the issuance and sale of water revenue bonds by the San Francisco Public Utilities Commission to finance various projects under the Water System Improvement Program pursuant to amendments to the Charter of the City and County of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) Enacted Number: 189-09 FINALLY PASSED Recommendation of the Land Use and Economic Development Committee 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) Enacted Number: 190-09 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 Mar, moved to rescind the previous vote. The motion PASSED without objection. The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Government Audit and Oversight Committee 090740 [Resolution urging Attorney General Jerry Brown to reject evidence gained through the use of torture] Supervisors Mar, Maxwell, Mirkarimi, Daly Resolution urging Attorney General Jerry Brown to reject evidence gained through the use of torture and to drop the charges against the "San Francisco 8" defendants. TABLED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Alioto-Pier NEW BUSINESS Recommendation of the Land Use and Economic Development Committee 090555 [Amendments to the Police Code by adding Section 1.1 designating Clipper Cove as a Special Use Area] Supervisor Daly Ordinance amending the San Francisco Police Code by adding Section 1.1 designating Clipper Cove as a Special Use Area, making it a misdemeanor to moor or anchor a vessel in Clipper Cove without a valid permit issued by the Treasure Island Development Authority ("TIDA"), or its designee, and allowing TIDA to remove and store vessels moored in violation of this Ordinance. PASSED, ON FIRST READING 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 Campos, seconded by Supervisor Mirkarimi, 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 Campos introduced, welcomed, and presented a Certificate of Honor to Dennis Garden in recognition of his 39 years of service with the City and County of San Francisco Unified School District upon his retirement. Supervisor Mirkarimi introduced, welcomed, and presented Certificates of Honor to men and women of the Northern and Park Police Stations in recognition of their continued community support, in particular for their support of National Night Out as follows: Park Station: Captain Teri Barrett, Lieutenant Denise Fabbri; Lieutenant Arthur Borges; Lieutenant Lon Ramlan; Lieutenant Mary Stasko; Sergeant Darby Reid; Sergeant Scott Ryan; Sergeant Michael Niland Northern Station: Captain Al Casciato; Lieutenant Belinda Kerr; Lieutenant Dave Pollitt; Lieutenant Michael Slade; Lieutenant Timothy Oberzeir; Lieutenant Tim Plyer; Sergeant Anthony Manfreda; Sergeant Carl Fabbri; Sergeant Chris Springer; Sergeant Danielle Weidman; Sergeant Darren Choy; Sergeant David Dorantes; Sergeant Jennifer Dudoroff; Sergeant Jesus Pena; Sergeant Manny Bonilla Jr.; Sergeant Marty Bandvik; Sergeant Marty Lalor; Sergeant Leon Loew; Sergeant Tim Flaherty; Sergeant William Griffin Community: Richard Johnson 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.) The President inquired as to whether any member of the public wished to address the Board. Steve Williams (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Greg Scott; David Bolaffi; Vincent Marsh; Courtney Clarkson; Danielle Kirshenbaum; David Kornheim; Greg Hayes; Julie McQuinn; spoke in support of the appeal. Leigh Kienker, Sarah Jones, and Tara Sullivan (Planning Department) provided details of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. Sam Cuddeback and Alice Barkley (Drew School) provided an overview of the project and further requested the Board to uphold the decision of the Planning Commission. Jim Mine; Lewis Hunter; Peter Jargein; Jane Perraza; Jane Carter; Male Speaker; Mary Murphy; spoke in support of the project and in opposition to the appeal. Steve Williams (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. 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. Enacted Number: M09-135 Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Motion be APPROVED. 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. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Motion be TABLED. 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. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 4:00 P.M. 090812 [Public Hearing - Conditional Use Appeal for 2901 California Street/1831-1835 Broderick Street - Drew School Addition Project] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 17880 dated May 14, 2009, relating to the approval, subject to certain conditions, of a conditional use authorization (Case No. 2007.0128CV), under Planning Code Sections 209.3, 303, and 317 to allow an existing private secondary school (the Drew School), to expand its facility and enrollment cap, and to demolish an existing 3-unit building within an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District, on property located at 2901 California Street/1831-1835 Broderick Street, Lot Nos. 003 and 095 in Assessor's Block 1029. (Appellant: Stephen M. Williams on behalf of the Pacific Heights Residents Association and the Western Addition Neighborhood Association) (Filed 6/15/09; Companion measure to Files 090813, 090814, 090815; District 2.) The President inquired as to whether any member of the public wished to address the Board. Steve Williams (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Janet Potter; Michael Shinberg; Male Speaker (WANA); Courtney Clarkson; David Pilpel; David Bolaffi; spoke in support of the appeal. Tara Sullivan and Aaron Starr (Planning Department) provided details of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. Sam Cuddeback, Alice Barkley, and Bonnie Fisher (Drew School) provided an overview of the project and further requested the Board to uphold the decision of the Planning Commission. Alisa Elliott; Phillip Stone; Mike Terry; Dan Murphy; Duncan Liam; Melissa Smith; Amina Adranni; spoke in support of the project and in opposition to the appeal. Steve Williams (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. 090813 [Approving Planning Commission decision related to Conditional Use Appeal for 2901 California Street/1831-1835 Broderick Street - Drew School Addition Project] Motion approving decision of the Planning Commission by its Motion No. 17880, approving Conditional Use Application 2007.0128CV on property located at 2901 California Street/1831-1835 Broderick Street - Drew School Addition Project, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved to approve File No. 090813, and table File Nos. 090814 and 090815. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 4 - Avalos, Campos, Daly, Mirkarimi 090814 [Disapproving Planning Commission decision related to Conditional Use Appeal for 2901 California Street/1831-1835 Broderick Street - Drew School Addition Project] Motion disapproving decision of the Planning Commission by its Motion No. 17880, approving Conditional Use Application 2007.0128CV on property located at 2901 California Street/1831-1835 Broderick Street - Drew School Addition Project. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Daly, moved to amend File No. 090814 to add an additional condition to the Conditional Use requiring Drew School to relocate three units of rental property at current rent control rates. The motion FAILED by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 4 - Avalos, Campos, Daly, Mirkarimi 090815 [Preparation of findings related to the Conditional Use Appeal for 2901 California Street/1831-1835 Broderick Street - Drew School Addition Project] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2007.0128CV on property located at 2901 California Street/1831-1835 Broderick Street - Drew School Addition Project, for action by the Board at its next meeting. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 4 - Avalos, Campos, Daly, Mirkarimi SPECIAL ORDER 4:00 P.M. 090871 [Public Hearing - Appeal of Mitigated Negative Declaration - 1960-1998 Market Street] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion 17865, adopted April 16, 2009, affirming the decision of the Planning Department to issue a Mitigated Negative Declaration (Planning Case No. 2006.1431E) for the proposed development at 1960-1998 Market Street. The proposed project would demolish a service station and develop a mixed use building with up to 115 residential units over ground-floor commercial space and a partially subterranean garage with 69 parking spaces, located in the Market & Octavia Plan area, Assessors Block 0872, Lots 005-007. (Appellant: Tanya Gulesserian on behalf of the San Francisco Building and Construction Trades Council) (Filed July 6, 2009; Companion measure to 090872, 090873, 090874; District 5.) The President inquired as to whether any member of the public wished to address the Board relating to the continuance. Melissa Ann Cassandra; spoke expressing various concerns. There were no other speakers. The President declared public comment relating to the continuance closed. Continued to September 15, 2009. Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090872 [Affirming adoption of the mitigated negative declaration for 1960-1998 Market Street] Motion affirming Planning Commission adoption of the final mitigated negative declaration for 1960-1998 Market Street. (Clerk of the Board) Continued to September 15, 2009. Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090873 [Reversing adoption of the mitigated negative declaration for 1960-1998 Market Street] Motion reversing the Planning Commission adoption of the final mitigated negative declaration for 1960-1998 Market Street. (Clerk of the Board) Continued to September 15, 2009. Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090874 [Preparation of findings to reverse adoption of the mitigated negative declaration for 1960-1998 Market Street] Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the final mitigated negative declaration for 1960-1998 Market Street. Continued to September 15, 2009. Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly SPECIAL ORDER 4:00 P.M. 090912 [Public Hearing - Appeal of Final Environmental Impact Report - San Francisco Bicycle Transportation Plan] Hearing of persons interested in or objecting to the Planning Commission's June 25, 2009, certification of a Final Environmental Impact Report identified as Planning Case No. 2007.0347E, through its Motion No. 17912, for the proposed update to the 2009 San Francisco Bicycle Transportation Plan, which includes minor, long-term, and near-term improvements for the bicycle route network, and amendments to the General Plan and Planning Code to reflect said Bicycle Plan. (Appellants: Catherine Liddell, representing South Beach-Rincon-Mission Bay-Neighborhood Association and Mary Miles representing Coalition for Adequate Review.) (Filed 07/15/09; Companion measure to Files 090913, 090914, 090915.) The President inquired as to whether any member of the public wished to address the Board. Mary Miles (Appellant) and Katy Liddell (Appellant) provided an overview of their appeals and further requested the Board to approve their appeals. Cathryn Webster; Charles Cagnin; Phillip Kui; spoke in support of the appeals. Bill Wycko (Planning Department) Amit Ghosh and Bridget Smith (Municipal Transportation Authority) provided details of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. Male Speaker; Richard Tullis; Aida Berkowitz; Dave Gardner; Female Speaker; Walter Paulson; Ranesh Chancey; Amand Jwa; Don Edwards; Neil Patel; Greg Hayes; Leah Shakem; spoke in support of the plan and in opposition to the appeals. Katy Liddell (Appellant) and Mary Miles (Appellant) provided a rebuttal and further requested the Board to approve the appeals. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. 090913 [Affirming certification of the Bicycle Plan Project FEIR] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 2009 San Francisco Bicycle Plan Project. Enacted Number: M09-136 Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090914 [Reversing certification of the Bicycle Plan Project FEIR] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 2009 San Francisco Bicycle Plan Project. Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090915 [Preparation of findings to reverse certification of the Bicycle Plan Project 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 2009 Bicycle Plan Project FEIR. Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Board of Supervisors Sitting as a Committee of the Whole The President inquired as to whether any member of the public wished to address the Committee of the Whole on File Nos. 090867 and 090868. Greg Hayes; expressed various concerns. Mary Miles; expressed concerns relating to findings and CEQA requirements. Charles Cagnin; spoke complimenting noticing efforts. David Pilpel; expressed concerns relating to amendments. Marilyn Amini; expressed concerns relating to process. John Malamut (City Attorney's Office), Steve Shotland (Planning Department), and Amit Ghosh (MTA) provided an overview of the General Plan and Planning Code amendments and responded to questions raised throughout the discussion. There were no other speakers. The President declared public comment closed and adjourned the Committee of the Whole. Called from the Land Use and Economic Development Committee 090867 [Zoning - Planning Code amendments in connection with the 2009 Bicycle Plan] Ordinance amending the San Francisco Planning Code by amending Sections 155, 155.1, 155.4, and 155.5 in connection with the 2009 Bicycle Plan; and making various findings, including environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Planning Department) Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Ordinance 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 PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090868 [Bicycle Plan adoption and related General Plan amendments] Ordinance adopting the 2009 San Francisco Bicycle Transportation Plan; rescinding Ordinance No. 0109-05 in its entirety; amending the San Francisco General Plan in connection with the San Francisco Bicycle Plan; adopting environmental findings and findings that the General Plan amendment is consistent with the General Plan and eight priority policies of Planning Code Section 101.1; and authorizing official acts in connection thereto. (Planning Department) Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Ordinance 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 PASSED ON FIRST READING AS AMENDED 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 translated in Arabic and English. James Chaffee; expressed concerns relating to the SF Public Library. Male Speaker; expressed various concerns. Henry Warfield; expressed concerns relating to the SF Public Library. Joan Wood; expressed concerns relating to the SF Public Library. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed various religious concerns. Annie Kim; Antonio Balotro; Immanuel Talcon; Adolphus Cholopray; Whitfield McTair; expressed support for legislation opposing BART surcharge for San Francisco Airport employees. Richard McRee; expressed concerns relating to technology, inventions and patents. Lena Horton; expressed concerns relating to the SF Public Library. Greg Lowell; expressed concerns relating to the economy and government workers. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 090967 [Approving the plan to allow a gated $10 admission charge to the Lovevolution Festival in Civic Center Plaza, pending the approval of the Interdepartmental Staff Committee on Traffic and Supervisor Mirkarimi Resolution approving the plan to allow a gated $10 admission charge to the Lovevolution Festival in Civic Center Plaza, which is scheduled to take place on Saturday, October 3, 2009, pending the approval of the Interdepartmental Staff Committee on Traffic and Transportation. Enacted Number: 339-09 ADOPTED 090968 [Supporting President Obama's principles for national health care reform] Mayor, Supervisors Chiu, Mar, Maxwell, Dufty, Mirkarimi, Alioto-Pier Resolution supporting President Obama's principles for national health care reform. Enacted Number: 312-09 ADOPTED 090941 [Final Map - 2011 Bayshore Boulevard] Motion approving Final Map 4976, a 64 Residential Unit Condominium Project, located at 2011 Bayshore Boulevard being a subdivision of Lot 093 in Assessors Block No. 5054A and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 178,139; District 10.) Enacted Number: M09-134 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 Elsbernd requested that this matter be severed so that it may be considered separately. 090966 [Opposing BART surcharge] Supervisors Chiu, Dufty, Campos, Mirkarimi, Maxwell, Avalos, Mar Resolution opposing BART surcharge on SFO employees. Supervisor Avalos requested to be added as a co-sponsor. REFERRED to the Land Use and Economic Development Committee. IMPERATIVE AGENDA There were none. OFF-AGENDA LEGISLATION Ordinances 090985 [Setting San Francisco FY 2009-2010 property tax rate and establishing a pass-through rate for residential tenants] Supervisor Avalos Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2010. 8/4/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090986 [Setting San Francisco Community College District's FY 2009-2010 property tax rate to be included in the City's overall property tax rate] Supervisor Avalos Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2010. 8/4/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090987 [Setting San Francisco Unified School District's FY 2009-2010 property tax rate to be included in the City's overall property tax rate] Supervisor Avalos Ordinance providing revenue and levying property taxes for San Francisco Unified School District purposes for the fiscal year ending June 30, 2010. 8/4/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090988 [Setting San Francisco Bay Area Rapid Transit District's FY 2009-2010 property tax rate to be included in the City's overall property tax rate] Supervisor Avalos Ordinance providing revenue and levying property taxes for San Francisco Bay Area Rapid Transit District purposes for the fiscal year ending June 30, 2010. 8/4/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090989 [Campaign Finance Reform Ordinance amendments] Supervisor Daly Ordinance amending Article I, Chapter I of the Campaign & Governmental Conduct Code by amending sections 1.100, 1.104, 1.107, 1.108, 1.112, 1.113, 1.114, 1.118, 1.122, 1.128, 1.130, 1.134, 1.135, 1.136, 1.140, 1.142, 1.144, 1.146, 1.148, 1.150, 1.152, 1.156, 1.161, 1.161.5, 1.168, 1.170, deleting sections 1.134.5, 1.158, and 1.160, and adding sections 1.109, 1.143, 1.171, and 1.175 to refine and conform definitions; to eliminate and streamline reporting requirements; to authorize greater electronic filing; to adjust expenditure ceilings for inflation; to clarify the permissible uses of campaign funds; to provide that certain candidates are eligible to accept Voluntary Expenditure Ceilings; to set forth the instances in which the Ethics Commission will lift Voluntary Expenditure Ceilings; to modify how public funds are disbursed to eligible candidates; to clarify the requirements for third-party reporting; to amend the statute of limitations for administrative actions; and to impose record retention requirements on local committees. 8/4/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/4/2009. Referred to the Ethics Commission for comment on August 12, 2009. 090990 [Technology Capital Planning] Supervisor Dufty Ordinance amending the San Francisco Administrative Code by amending Sections 3.2, 3.20 and 3.21 and adding Sections 3.27, 3.28 and 10.100-287 to establish a requirement for a ten-year Technology Investment Plan, a Technology Planning Committee, and a Technology Capital Planning Fund. 8/4/09, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/4/2009. 090991 [Prohibiting members of City boards and commissions from obtaining City employment] Supervisors Mar, Avalos, Campos, Mirkarimi, Chiu, Daly Ordinance amending Chapter 2 of Article III of the Campaign and Governmental Conduct Code to prohibit members of City boards and commissions from obtaining employment with the City during their tenure and for one year after the termination of their City service. 8/4/09, RECEIVED AND ASSIGNED to Rules Committee. Referred to the Ethics Commission for comment on August 12, 2009. 090992 [Recreation and Park - Farmers' Market Fees - $475 per market location for six months] Supervisor Mirkarimi Ordinance amending San Francisco Park Code Section 7.21 to establish farmers' market fees at $475 per market location for six months of operation. 8/4/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090319 [Zoning - Providing for a Five Feet Special Height Exception for Active Ground Floor Uses in NC-1 Designated Parcels Along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue] Supervisor Avalos Ordinance amending the San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for ground floor uses in NC-1 designated parcels along Randolph and Broad Streets, from 19th Avenue to San Jose Avenue; amending Section 710.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. 3/17/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/16/2009. 3/24/09, REFERRED TO DEPARTMENT. Referred to Planning Commission for public hearing and recommendation. Referred to Planning Department for environmental review. 3/26/09, RESPONSE RECEIVED. Non-physical per CEQA Guidelines Section 15060(c)(2). 8/4/09, SUBSTITUTED. 8/4/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/4/2009. Resolutions 090993 [Acquisition of Muni Fillmore Substation at 1190 Fillmore Street] Supervisor Mirkarimi Resolution approving the acquisition of real property with improvements located at 1190 Fillmore Street (at Turk Street), together with a Certificate for 171,308 units of Transferable Development Rights and $135,225 in predevelopment planning funds from the San Francisco Redevelopment Agency for the rehabilitation of the Muni Substation, at no cost to the City. 8/4/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090994 [Certificates of Participation for multiple capital improvement projects] Mayor Resolution approving the form of and authorizing the distribution of a preliminary official statement relating to the execution and delivery of City and County of San Francisco Certificates of Participation and authorizing the preparation, execution and delivery of a final official statement; delegating to the Director of Public Finance the authority to sell the certificates by either a competitive or negotiated sale; ratifying the approvals and terms and conditions of a previous resolution; declaring the official intent of the City and County of San Francisco to reimburse itself from the proceeds of future bonded indebtedness for purposes of complying with the Internal Revenue Code of 1986, as amended; and related matters. 8/4/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090995 [Urging the Federal Communications Commission to conduct a comprehensive investigation on hate speech in the media and to update the 1993 report on the Role of Telecommunications in Hate Supervisors Campos, Avalos, Chiu, Dufty, Daly, Mar, Mirkarimi, Maxwell Resolution urging the Federal Communications Commission to conduct a comprehensive investigation on hate speech in the media, allowing public participation via public hearings, and to update the 1993 report on the Role of Telecommunications in Hate Crimes, including public participation via public hearings. 8/4/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 090996 [Recognizing and honoring Tim Reagan's contribution to social justice and workers' rights] Supervisor Daly Resolution acknowledging Tim Reagan's contributions to the struggle for social justice and workers' rights for more than two decades. 8/4/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion 090997 [Authorizing preparation of Proponent/Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 3, 2009, Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 3, 2009, Election. (Clerk of the Board) 8/4/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 090983 [Shelter Reservation Extension Policy] Supervisor Daly Hearing to discuss the amended changes to the Shelter Reservation Extension Policy. 8/4/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 090984 [Impact of State budget cuts on the operations of the San Francisco Unified School District] Supervisors Elsbernd, Mar Hearing to discuss the impact of State budget cuts to education on the San Francisco Unified School District. Hearing will examine the San Francisco Unified School District's projected $61 million deficit over two years as well as plans for dealing with an anticipated $400 decrease in spending per pupil this year. 8/4/09, RECEIVED AND ASSIGNED to City and School District Select 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 following public property locations: Utility Boxes Southwest corner Fulton and McAllister Southeast corner McAllister and Fillmore Near 1140 Oak Southeast corner Fell and Buchanan Northeast corner McAllister and Gough Northeast corner Gough and Fulton Bus Shelters Northeast corner Hayes and Broderick Northeast corner Geary and Scott Northeast corner Fillmore and Hermann Fillmore and Haight (all 4 bus stops, graffiti and grime) Emergency Boxes Northwest corner Post and Webster Northeast corner Hayes and Broderick 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 Northeast corner Boswell and Geary Northwest corner Fillmore and Waller Southeast corner Sutter and Laguna Southwest corner Laussant & Fillmore Wood Pole Northwest corner Haight and Webster From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following private property locations: 537 Shrader 1140 Oak 1144 Oak 250 Scott 485 Scott 546 Haight 800 Hayes 295 Buchanan 478 Haight 583 Haight 536-538 Haight 350 Laguna 355 Laguna From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following location: Sidewalk in In Memoriams John Joseph Conneely - Supervisor Alioto-Pier Shirley Malloy - Supervisor Chiu Jamie Xelowski - Supervisor Daly Nir Katz - Supervisors Dufty and Campos Liz Tarbushi - Supervisors Dufty and Campos Sydna Konstin - Supervisors Dufty and Chiu Don Brown - Supervisor Dufty Gregory Robert Morris - Supervisor Elsbernd ADJOURNMENT There being no further business, the Board adjourned at the hour of 8:42 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 September 15, 2009. Meeting Procedures The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber. Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4188 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383 Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293. Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909. Disability access The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals. Know Your Rights Under the Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine Lobbyist Registration and Reporting Requirements Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics