Board of Supervisors Minutes: August 11, 2009

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, August 11, 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 2:07 p.m. APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Dufty, moved to approve the Board Meeting Minutes of July 14, 2009. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi COMMUNICATIONS Clerk of the Board Angela Calvillo announced that she was in receipt of a communication from the Planning Department rescinding the department's December 19, 2008, categorical exemption on the appeal for 717 Battery Street/350 Pacific Avenue, which was the subject of the 4:00 p.m. Special Order. Board President Chiu announced that the withdrawal of the categorical exemption renders these items, by operation of law, no longer before the Board. File Nos. 090109, 090110, 090111, 090112 were filed pursuant to this communication. CONSENT AGENDA Recommendations of the Budget and Finance Committee 090883 [Airport Concession Lease] Resolution approving Amendment No. 3 to the Boarding Areas "B" and "C" Principal Retail Concession Lease No. 98-0228 between Pacific Gateway Concessions, LLC, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact.) Enacted Number: 344-09 ADOPTED 090930 [Renew Joint Powers Agreement with State and Accept and Expend up to $2,249,136] Supervisor Avalos Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively contract for, accept and expend up to $2,249,136 allocated from the California Victim Compensation and Government Claims Board for a project entitled the Joint Powers Agreement for the period of July 1, 2009, through June 30, 2012. Enacted Number: 346-09 ADOPTED 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. Enacted Number: 193-09 FINALLY PASSED Recommendations of the Rules Committee 090878 [Settlement of Lawsuits - John Tennison and Antoine Goff totaling $7,500,000] Ordinance authorizing settlement of the lawsuits filed by John Tennison and Antoine Goff against the City and County of San Francisco for the total amount of $7,500,000. The John Tennison lawsuit was filed on February 11, 2004, in the United States District Court for the Northern District of California, Case No. C04-0574 CW; entitled John Tennison, et al., v. City and County of San Francisco, et al. and will be settled by the payment of $4,600,000. The Antoine Goff lawsuit was filed on April 27, 2004, in the United States District Court for the Northern District of California, Case No. C04-1643 CW; entitled Antoine Goff, et al., v. City and County of San Francisco, et al. and will be settled by the payment of $2,900,000. (City Attorney) PASSED, ON FIRST READING 090896 [Settlement of Lawsuit - John Williams - $27,000] Ordinance authorizing settlement of the lawsuit filed by John Williams against the City and County of San Francisco for $27,000; the lawsuit was filed on September 5, 2008, in San Francisco Superior Court, Case No. 479-512; entitled John Williams v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 090897 [Settlement of Lawsuit - Benson Chen - $75,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Benson Chen against the City and County of San Francisco for $75,000; the lawsuit was filed on November 2, 2007, in San Francisco Superior Court, Case No. 468791; entitled Benson Chen v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 090898 [Settlement of Lawsuit - Yue Kong Kam - $102,327.06] Ordinance authorizing settlement of the lawsuit filed by Yue Kong Kam against the City and County of San Francisco for $102,327.06; the lawsuit was filed on June 19, 2008, in San Francisco Superior Court, Case No. 476-544; entitled Yue Kong Kam, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 090899 [Settlement of Lawsuits - United States of America - $7,000,000] Ordinance authorizing settlement of the two lawsuits filed by the United States of America against the City and County of San Francisco for $7,000,000; the two lawsuits were filed on August 22, 2005, and September 6, 2007, in the United States District Court for the Eastern District of California, Case No. 2:05 CV 01693 entitled United States of America v. City and County of San Francisco, et al. and Case No. 1:07 CV 01300 entitled United States of America v. City and County of San Francisco, et al. and appropriating $7,000,000 of fund balance from the Hetch Hetchy Fund for this purpose. (City Attorney) PASSED, ON FIRST READING The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi REGULAR AGENDA UNFINISHED BUSINESS From the Board 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) Enacted Number: 188-09 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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) Enacted Number: 187-09 FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi NEW BUSINESS Recommendations of the Budget and Finance Committee 090546 [Appropriating $119,800,000 of proceeds from debt for wastewater system improvements at the Public Utilities Commission for FY 2009-2010 and 2010-2011] Mayor Ordinance appropriating $119,800,000 of proceeds from debt revenue for the Wastewater Enterprises' Interim Capital Improvement Program and the Sewer System Master Plan Biosolids/Digester and Channel Tunnel Projects at the San Francisco Public Utilities Commission for FY 2009-2010 and 2010-2011 and placing $78,800,000 on Controller's reserve pending the sale of bonds. (Fiscal Impact.) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090869 [Approval of SFPUC New Irvington Tunnel Construction Management Contract not to exceed $15 million] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Water System Improvement Program-funded Professional Service Agreement No. CS-918, New Irvington Tunnel Construction Management Services, with Hatch Mott MacDonald, for an amount not to exceed $15,000,000 with a term of up to five (5) years, pursuant to San Francisco Charter Section 9.118(b). (Public Utilities Commission) (Fiscal Impact.) Enacted Number: 343-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090916 [Approving one fuel contract estimated to exceed $10 million] Resolution approving the Agreement between the City and Western States Oil for gasoline and diesel fuel, which is estimated to exceed $10 million, pursuant to Charter Section 9.118(b). (Office of Contract Administration) (Fiscal Impact.) Enacted Number: 345-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendation of the Rules Committee 090461 [Providing members of the public with access to language services] Supervisors Chiu, Daly, Chu, Campos, Mar, Avalos, Mirkarimi Ordinance amending the San Francisco Administrative Code by adding new Sections 91.1, 91.8, 91.11, 91.14, 91.18; amending Sections 91.2, 91.3, 91.4, 91.6; amending Section 91.8 and renumbering Section 91.8 as 91.9; amending Section 91.9 and renumbering Section 91.9 as 91.10; amending Section 91.11 and renumbering Section 91.11 as 91.13; amending Section 91.12 and renumbering Section 91.12 as 91.15; amending Section 91.14 and renumbering Section 91.14 as 91.17; renumbering Sections 91.10 as 91.12 and 91.13 as 91.16 to rename the Equal Access Ordinance to Language Access Ordinance and add findings; to develop language services protocols in crisis situations, to amend the contents required in departmental Annual Compliance Plans; to create reporting requirements, to create and outline the Office of Civic Engagement and Immigrant Affairs' responsibilities; to clarify the Ordinance intent to promote the general welfare of the public; to require all City departments to comply with the minimal requirements set forth in this Ordinance; to expand the number of City departments that must comply with the Ordinance in its entirety; to require all City departments to inform Limited English Speaking Persons of their rights under the Ordinance; to require all City Boards, City Commissions, and City Departments to translate meeting minutes; and to amend the compliant procedures. Supervisors Campos, Mar, and Avalos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 3:00 P.M. 090576 [Hearing - Hunters View - Street Vacation Order] Hearing of persons interested in or objecting to proposed ordinance ordering the vacation of portions of Fairfax Avenue and West Point Road and various public service easements; making environmental findings and findings of consistency with the City's General Plan and the priority policies of Planning Code Section 101.1; quitclaiming the City's interest in the vacation areas; reserving easement rights for various utilities, including AT&T, Pacific Gas and Electric Company, and the City; reserving temporary private access easement to adjacent owner; accepting Department of Public Works Order No. 178,144; and authorizing official acts in connection with this Ordinance. Barbara Moy (Department of Public Works) provided an overview. The President inquired as to whether any member of the public wished to address the Board. There were no speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. From the Land Use and Economic Development Committee Without Recommendation 090575 [Hunters View - Street Vacation Order] Ordinance ordering the vacation of portions of Fairfax Avenue and West Point Road and various public service easements; making environmental findings and findings of consistency with the City's General Plan and the priority policies of Planning Code Section 101.1; quitclaiming the City's interest in the vacation areas; reserving easement rights for various utilities, including AT&T, Pacific Gas and Electric Company, and the City; reserving temporary private access easement to adjacent owner; accepting Department of Public Works Order No. 178,144; and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly SPECIAL ORDER 3:00 P.M. 090956 [Public Hearing - Department of Public Health Delinquent Refuse Service Payment Liens (Garbage Liens)] Hearing of persons interested in or objecting to the report of delinquent charges for refuse collection service and removal costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating special assessments and liens based thereon. Scott Nakamura (Department of Public Health) provided an overview. The President inquired as to whether any member of the public wished to address the Board. There were no speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. 090957 [Unpaid Department of Public Health Delinquent Refuse Service Payments to become Special Assessments and liens billed with property taxes] Resolution confirming report of delinquent charges for refuse collection service and removal costs submitted by the Director of Public Health, as modified to the date of adoption of this resolution, and creating special assessments and liens based thereon. Enacted Number: 341-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly SPECIAL ORDER 3:00 P.M. 090958 [Public Hearing - Department of Building Inspection Special Assessment of Liens for Assessment of Costs] Hearing of persons interested in or objecting to the report of Delinquent Charges for Code Enforcement cases with delinquent assessment of costs, and fees pursuant to the provisions of Section 102A.3, 102A.4, 102A.6 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3 Section 108A, Section 110A - Tables 1A-K and 1A-G, of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for services rendered by said department of costs thereof having accrued pursuant to code violations referenced above. Alan Davison (Department of Building Inspection) provided an overview. The President inquired as to whether any member of the public wished to address the Board. Yick Wong spoke expressing concerns relating to process. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING. 090959 [Special Assessment of Liens for Assessment of Cost] Resolution confirming report of Delinquent Charges for Code Enforcement cases with delinquent assessment of costs, and fees pursuant to the provisions of Section 102A.3, 102A.4, 102A.6 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3 Section 108A, Section 110A - Tables 1A-K and 1A-G, of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for services rendered by said department of costs thereof having accrued pursuant to code violations referenced above. Enacted Number: 340-09 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 3:30 P.M - Recognition of Commendations There were none. SPECIAL ORDER 4:00 P.M. See additional information under Communications above. 090109 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 717 Battery Street/350 Pacific Avenue] Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated December 19, 2008, that a project at 717 Battery Street/350 Pacific Avenue (Case No. 2007.1460E) (Building Permit Application Nos. 2003.02.12.7271; 2005.04.21.0598 (UMB retrofit); and 2005.0321.8084 (two-story vertical addition) is exempt from environmental review under Categorical Exemption, Class 32 [State CEQA Guidelines, Section 15332]. The proposal would add to and rehabilitate the Musto Building, to expand the existing office use and provide ground-floor commercial and restaurant space. The project site (Assessor's Block 0165, Lot 022) is within a C-2 (Community Business) Use District, and in a 65-A Height and Bulk District, and in a Special Use District, the Washington-Broadway Special Use District No. 2. (Appellant: Susan Brandt-Hawley on behalf of San Francisco Preservation Action.) (Filed January 30, 2009; Companion to Files 090110, 090111, 090112; District 3.) FILED. 090110 [Affirming the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project] Motion affirming the determination by the Planning Department that the 717 Battery Street/350 Pacific Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. FILED. 090111 [Disapproving the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project] Motion disapproving the determination by the Planning Department that the 717 Battery Street/350 Pacific Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. FILED. 090112 [Preparation of findings related to the 717 Battery Street/350 Pacific Avenue project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 717 Battery Street/350 Pacific Avenue is exempt from environmental review under the California Environmental Quality Act. FILED. COMMITTEE REPORTS From the Rules Committee Without Recommendation 090895 [Settlement of Lawsuit - Linda Caratti - $80,000] Ordinance authorizing settlement of the lawsuit filed by Linda Caratti against the City and County of San Francisco for $80,000; the lawsuit was filed on August 28, 2008, in San Francisco Superior Court, Case No. 479214; entitled Linda Caratti, v. City and County of San Francisco, et al.; other material terms of said settlement are that the City and San Francisco Zoological Society agree to a mutual release of claims for indemnification. (City Attorney) PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 090970 [Reappointment, Recreation and Parks Commission - Larry Martin] Motion approving the Mayor's reappointment of Larry Martin to the Recreation and Parks Commission for the term ending June 27, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - July 13, 2009.) Enacted Number: M09-140 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Campos Recommendations of the Rules Committee 090973 [Reappointment, Recreation and Parks Commission - David Lee] Motion rejecting the Mayor's reappointment of David Lee to the Recreation and Parks Commission for the term ending June 27, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - July 13, 2009.) NOT APPROVED by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell 090974 [Appointment, Residential Rent Stabilization and Arbitration Board - Amelia D. Yaros] Supervisor Elsbernd Motion approving the Mayor's appointment of Amelia D. Yaros to the Residential Rent Stabilization and Arbitration Board for the term ending October 1, 2011. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - July 13, 2009.) Supervisor Elsbernd requested to be added as sponsor. Enacted Number: M09-141 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090976 [Reappointment, Civil Service Commission - Dennis Normandy] Motion approving the Mayor's reappointment of Dennis Normandy to the Civil Service Commission for the term ending June 30, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Reappointment, and that failure of the Board to reject the reappointment by two-thirds vote within the thirty day period shall result in the reappointee continuing to serve as reappointed. Transmittal date - July 13, 2009.) Enacted Number: M09-139 APPROVED 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 090554 [Building Code - Registration of Vacant/Abandoned Buildings; Maintenance and Security Requirements; Annual Fee and Penalties for Violation] Supervisors Chiu, Dufty, Mar, Avalos Ordinance amending the San Francisco Building Code by adding Section 103A.4 to require the owner of a vacant or abandoned building to register the building with the Department of Building Inspection, require the owner to maintain the grounds and the exterior and interior of the building secured and in good condition, and provide that a property in violation of the requirements is a public nuisance; and by amending Section 110, Table 1A-J to establish an annual registration fee; adopting environmental and other findings. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090889 [Regulations for Mortgage Modification Consultants] Supervisors Campos, Maxwell, Mirkarimi, Dufty, Chiu, Chu, Mar, Avalos Ordinance amending the San Francisco Police Code by adding Article 27 to regulate mortgage modification consultants by: (1) requiring a written contract describing mortgage modification services to be provided prior to initiation of services; (2) requiring that any contract entered into for these services provide notice that the contract may be cancelled within fourteen calendar days and that services may be obtained free of charge from nonprofit sources; (3) prohibiting collection of fees until the consultant has obtained a written loan modification offer for the homeowner; and (4) providing for enforcement by criminal penalties and a private cause of action for homeowners, and making environmental findings. Supervisors Mar and Avalos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 090966 [Opposing BART surcharge] Supervisors Chiu, Dufty, Campos, Mirkarimi, Maxwell, Avalos, Mar Resolution opposing BART surcharge on SFO employees. Supervisor Mar requested to be added as a co-sponsor. Enacted Number: 347-09 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. Male Speaker; expressed various concerns. Walter Paulson; shared in song certain concerns with the Board. John DiDonna; shared in poem certain concerns with the Board. Female Speaker; expressed support for resolution regarding hate speech in the media. Carmen; expressed support for resolution regarding hate speech in the media. Richard McRee; expressed concerns relating to technology, inventions and patents. Male Speaker; expressed various religious concerns. Peter Warfield; expressed concerns relating to the SF Public Library. Francisco Da Costa, expressed various concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Enacted Number: 348-09 ADOPTED 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. Enacted Number: 349-09 ADOPTED 090395 [Final Map - 1355 Pacific Avenue] Motion approving Final Map 5525, a 23 unit residential condominium project, located at 1355 Pacific Avenue being a subdivision of Lot 031 in Assessors Block No. 0184 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order 178,260; District 3.) Enacted Number: M09-138 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 Chiu requested that this matter be severed so that it may be considered separately. 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) Supervisor Daly, seconded by Supervisor Dufty, moved to assign former Supervisor Jake McGoldrick, as an individual voter who is eligible to vote, to write the official proponent argument for the Charter Amendment relating to legislative aides on behalf of the Board of Supervisors. The motion PASSED without objection. Supervisor Campos, seconded by Supervisor Avalos, moved to assign Supervisor Chiu to write the official proponent argument for the Charter Amendment relating to budgetary cycle on behalf of the Board of Supervisors. The motion PASSED without objection. Supervisor Elsbernd, seconded by Supervisor Chu, moved to assign Supervisor Dufty to write the official proponent argument for the ordinance relating to Candlestick Point on behalf of the Board of Supervisors. The motion PASSED without objection. Supervisor Elsbernd, seconded by Supervisor Chu, moved to delete the Charter Amendment relating to legislative aides thereby not assigning an opponent argument. The motion PASSED without objection. Supervisor Daly, seconded by Supervisor Campos, moved to assign Supervisor Daly to write the official opponent argument for the Charter Amendment relating to budgetary cycle on behalf of the Board of Supervisors. The motion PASSED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Supervisor Daly, seconded by Supervisor Alioto-Pier, moved to assign Supervisor Daly to write the official proponent argument for the ordinance relating to Candlestick Point on behalf of the Board of Supervisors. The motion PASSED without objection. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd APPROVED AS AMENDED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd IMPERATIVE AGENDA There were none. OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 091013 [Application of City's conflict of interest laws to City officers] Supervisor Elsbernd Ordinance amending the San Francisco Campaign and Governmental Conduct Code by amending sections 3.222 and 3.224 to clarify the application of prohibitions to City officers, and by adding sections 3.201 and 3.203 to name the Government Ethics Ordinance, to permit waiver of contracting prohibition, and to define "officer." 8/11/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/10/2009. Referred to the Ethics Commission for comment on August 17, 2009. 091014 [Planning Code-Conditional Use Requirement for Nail Salons in the West Portal Avenue Neighborhood Commercial District] Supervisor Elsbernd Ordinance amending the Planning Code by amending Section 729 to add new Subsection 729.52A and adding new Section 790.115 to require conditional use authorization in the West Portal Avenue Neighborhood Commercial District for certain personal service nail salons, as defined; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. 8/11/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/10/2009. 091015 [Reimbursement to City for dignitary security provided during campaign-related travel by elected officials] Supervisors Mirkarimi, Campos, Avalos, Daly Ordinance adding a new Chapter 6 to Article III of the Campaign and Governmental Conduct Code, by adding sections 3.600, 3.605 and 3.610, to require City elective officers to reimburse the City for the cost of dignitary security provided by the City during travel for campaign-related activities or meetings. 8/11/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/10/2009. Referred to the Ethics Commission for comment on August 17, 2009. Resolutions 091012 [Board review and approval of 2009 U.S. Department of Housing and Urban Development Continuum of Care Programs Application] Supervisor Chiu Resolution approving the City and County of San Francisco 2009 Grant Application for the United States Department of Housing and Urban Development Continuum of Care Programs and fulfilling the San Francisco Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. 8/11/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091016 [Contract between the Department of Public Health and the San Francisco Community Health Authority to provide Provider Payment services for the Healthy San Francisco program] Mayor, Supervisor Avalos Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to retroactively contract with the San Francisco Community Health Authority to provide Provider Payment services for the Healthy San Francisco program for the term of July 1, 2009, through June 30, 2010. (Fiscal Impact.) 8/11/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091017 [Supporting the Children's Defense Fund Health Coverage for All Children Campaign] Supervisor Alioto-Pier Resolution supporting the Children's Defense Fund's Health Coverage for All Children Campaign. 8/11/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091018 [FY 2009-2010 California Constitution Appropriations Limit] Supervisor Avalos Resolution establishing the appropriations limit for FY 2009-2010 pursuant to California Constitution Article XIII B. 8/11/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091019 [Reaffirming the Board of Supervisors' support for the expeditious completion of the Mexican Museum Project at the Yerba Buena Garden site] Supervisors Campos, Alioto-Pier, Avalos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Resolution reaffirming the Board of Supervisors' support for the Mexican Museum project, and calling upon all parties, including the San Francisco Redevelopment Agency, Millennium Partners, the San Francisco Arts Commission, and Fort Mason to support the expeditious completion of the project, including helping the Mexican Museum retain its lease with Fort Mason concurrent with and through the development, construction and actualization of the Mexican Museum project at the Yerba Buena Garden site. 8/11/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 091010 [Department of Children, Youth, and their Families' Children's Services Allocation Plan FY 2010-2013] Supervisor Avalos Hearing on Department of Children, Youth, and their Families' Children's Services Allocation Plan for FY's 2010-2013 "Raising San Franciscans Together." 8/11/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091011 [Training center in the Bayview] Supervisors Daly, Mirkarimi, Avalos, Campos, Maxwell Hearing on the GoSolarSF and SolarCity's promise to develop a training center in the Bayview. 8/11/09, RECEIVED AND ASSIGNED to Rules Committee. Motion 090942 [Closed Session - Potential litigation regarding proposed State Constitutional Amendment No. 09-0015] Supervisor Mirkarimi Motion to convene in closed session for the purpose of receiving a briefing from the City Attorney regarding potential litigation regarding proposed initiative State Constitutional Amendment No. 09-0015 "New two-thirds vote requirement for local public electricity providers." 7/28/09, RECEIVED AND ASSIGNED to Rules Committee. 8/5/09, TRANSFERRED to Government Audit and Oversight Committee. 8/11/09, SUBSTITUTED. Supervisor Mirkarimi submitted a motion bearing new title. 8/11/09, ASSIGNED to Government Audit and Oversight Committee. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 090791 [Changing the official sidewalk width - 20th, Minnesota, and Indiana Streets] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1584 to change the official sidewalk width on the north side of 20th Street between Minnesota and Indiana Streets, southwest corner of 20th and Minnesota Streets, and southeast corner of 20th and Indiana Streets; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department) 7/31/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 090780 [Revisions to Division I of the San Francisco Transportation Code] Ordinance amending San Francisco Transportation Code, Division I, by amending Sections 3.4, 6.7, 7.2.12, 7.2.26, 7.2.27, 7.2.28, 7.2.29, 7.2.71, 7.2.80, 7.2.101, 7.3.3 and 8.1 to change existing posting requirements for temporary parking restriction signs; amend the requirements for street barricades for street fairs; provide that yellow or white zones may be indicated by either yellow or white paint on the curb or signage; provide a three minute time limit for noncommercial vehicles parked in yellow zones; provide a three consecutive day on-street parking restriction instead of seven consecutive days; provide that any violation of Division II, Section 903 is a violation of Section 7.2.71; prohibit taxicab operators from leaving a vehicle unattended in certain use districts; provide that persons are prohibited from boarding a Municipal Railway vehicle in revenue service through the rear exit while the vehicle is operating on a transit line unless on a line, route or location designated by the SFMTA; provide that four or more violations of Section 7.2.71 within one year constitute a misdemeanor; repeal noticing requirements for towing vehicles on public streets; and clarify applicable restrictions and references to Division II; and repealing Section 7.2.44 prohibiting parking on designated streets near Candlestick Park. (Municipal Transportation Agency) 6/8/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 8/3/09, SUBSTITUTED. 8/3/09, ASSIGNED to Land Use and Economic Development Committee. PROPOSED RESOLUTIONS 090879 [Approving amendment to engineering services agreement for SFPUC New Irvington Tunnel Project] Resolution approving and authorizing the General Manager of the San Francisco Public Utilities Commission to execute an amendment to increase the amount of a professional services agreement with URS Corporation by $3,900,000 for a total revised agreement amount of $13,898,561 and extend the agreement term by one year for a total revised agreement term of eight years, pursuant to San Francisco Charter Section 9.118(b). (Public Utilities Commission) (Fiscal Impact.) 8/3/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090979 [CEQA findings for SFPUC Water System Improvement Program, Bay Division Pipeline Reliability Upgrade Project in Alameda and San Mateo Counties] Resolution adopting findings under the California Environmental Quality Act ("CEQA"), including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Bay Division Pipeline Reliability Upgrade Project, CUW 36801, 36802 and 36803; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) 8/3/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 090980 [CEQA findings for SFPUC Water System Improvement Program, San Joaquin Pipeline System Project] Resolution adopting findings under the California Environmental Quality Act ("CEQA"), including the adoption of a mitigation monitoring and reporting program and the statement of overriding considerations related to the San Joaquin Pipeline System Project, Project No. CUW37301; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) 8/3/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Alioto-Pier To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft an ordinance that amends the Equal Access to Language Services law to require the provision of American Sign Language to members of the public. From: Supervisor Daly To: Controller To: City Attorney To: Mayor's Budget Office Requesting/Inquiring: Letter of inquiry concerning the process for addressing state and local revenue shortfalls. The California State Budget was passed on July 28, 2009. According to Section 9.3 of the Administrative Provisions outlines a process for addressing state or local revenue shortfall. Please indicate the dates as prescribed by Section 9.3 for reporting, implementing reductions in spending, etc. and your offices plan to implement the prescribed timeline. 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 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 Haight 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 Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner In Memoriams Alexander Foreman - Supervisor Mar Vahram Takvorian - Supervisor Mar Lee Cole - Supervisor Mirkarimi Ralphie - Supervisor Mirkarimi Michael B. Wilson - Supervisor Dufty Debra Heller Stein - Supervisors Elsbernd and Chu Peter Burns - Supervisor Chu Mary Ryan - Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 3:25 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