# Board of Supervisors Minutes: September 22, 2009 - Meeting date: 2009-09-22 - Document type: minutes - Source format: HTML - Extracted pages: 1 - [Canonical HTML transcript](https://sfbos.info/documents/1944/2009-09-22-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/index.aspx-page=9765.html) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 090851: Liquor License - 533 Sutter Street - Pages: 1 - Vote 1: adoption, likely final - Action: 090851 [Liquor License - 533 Sutter Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Matthew Shelton, for Shelton Theater LLC, located at 533 Sutter Street, 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: 372-09 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 090879: Approving amendment to engineering services agreement for SFPUC New Irvington Tunnel Project - Pages: 1 - Vote 1: adoption, likely final - Action: 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.) Enacted Number: 370-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 090993: Acquisition of Muni Fillmore Substation at 1190 Fillmore Street - Pages: 1 - Sponsors: Mirkarimi - Vote 1: continuance - Action: 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. Continued to October 6, 2009. Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 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 - Pages: 1 - Vote 1: adoption, likely final - Action: 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.) Enacted Number: 368-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 090979: CEQA findings for SFPUC Water System Improvement Program, Bay Division Pipeline Reliability Upgrade Project in Alameda and San Mateo Counties - Pages: 1 - Vote 1: adoption, likely final - Action: 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) Enacted Number: 371-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 090980: CEQA findings for SFPUC Water System Improvement Program, San Joaquin Pipeline System Project - Pages: 1 - Vote 1: adoption, likely final - Action: 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) Enacted Number: 369-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 090909: Citizen's Committee on Community Development - Pages: 1 - Vote 1: first-reading - Action: 090909 [Citizen's Committee on Community Development] Mayor, Supervisors Daly, Avalos, Mirkarimi, Mar, Campos Ordinance amending the San Francisco Administrative Code by adding Section 2A.290 to establish the Citizen's Committee on Community Development, an advisory body jointly appointed by the Mayor and the Board of Supervisors, that is responsible for making policy recommendations and providing for citizen participation regarding community development strategy in the City, and making annual funding recommendations for the Federal Housing and Urban Development Community Development Block Grant and Emergency Shelter Grant programs. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 091065: Appointment, Arts Commission - Greg Chew - Pages: 1 - Vote 1: approval, likely final - Action: 091065 [Appointment, Arts Commission - Greg Chew] Motion approving the Mayor's appointment of Greg Chew to the Arts Commission, for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - August 24, 2009.) Enacted Number: M09-155 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 091115: Mortgage Revenue Bonds - Pages: 1 - Sponsors: Daly ### File 091116: Accept and Expend Gift - Police Department - $40,000 - Pages: 1 - Sponsors: Dufty ### File 091117: Encouraging Ed Stolz, the new owner of FM 92.7, to continue with the Lesbian Gay Bisexual Transgender radio format of Energy 92.7 - Pages: 1 - Sponsors: Dufty - Vote 1: adoption, likely final - Action: 091117 [Encouraging Ed Stolz, the new owner of FM 92.7, to continue with the Lesbian Gay Bisexual Transgender radio format of Energy 92.7] Supervisor Dufty Resolution encouraging Ed Stolz, the new owner of radio station 92.7, to continue with the Community/Lesbian Gay Bisexual Transgender/Dance radio format that has made Energy 92.7 one of the most unique and popular radio stations in San Francisco and the Bay Area. Enacted Number: 377-09 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 091132: Declaring September 2009 as Reentry Month - Pages: 1 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 091132 [Declaring September 2009 as Reentry Month] Supervisor Mirkarimi Resolution declaring the month of September 2009 as Reentry Month in the City and County of San Francisco. Enacted Number: 374-09 Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Resolution be ADOPTED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 091133: Declaring October 3, 2009, Dolorous Knight Day - Pages: 1 - Sponsors: Avalos - Vote 1: adoption, likely final - Action: 091133 [Declaring October 3, 2009, Dolorous Knight Day] Supervisor Avalos Resolution commending Dolorous Knight for her dedication to and generous support of San Francisco's public libraries, particularly her neighborhood branch, the Excelsior Branch Library, and declaring October 3, 2009, as Dolorous Knight Day. Enacted Number: 373-09 Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Resolution be ADOPTED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: Action text unavailable. - Excused: Campos ### File 091136: Mandatory prequalification, training and safety certification requirements for public works projects - Pages: 1 - Sponsors: Alioto-Pier ### File 091137: Administrative Code - Historical Property (Mills Act) Contract Procedures - Pages: 1 - Sponsors: Alioto-Pier ### File 091138: Public Employment - Department of Human Resources - Pages: 1 - Sponsors: Chiu ### File 091140: Settlement of Lawsuit - Joseph Imbelloni; Imbelloni Construction Co., Inc.; and Bayside Vista LLC - Pages: 1 - Sponsors: Maxwell ### File 091141: Appropriating $1,043,160 of Hotel Room Tax Revenue to restore reductions to Convention Facilities in the General Services Agency, City Administrator for FY 2009-2010 - Pages: 1 - Sponsors: Mirkarimi, Avalos ### File 091132: Declaring September 2009 as Reentry Month - Pages: 1 - Sponsors: Mirkarimi ### File 091133: Declaring October 3, 2009, Dolorous Knight Day - Pages: 1 - Sponsors: Avalos ### File 091139: Department of Human Resources - Amendment to CIBER, Inc. Contract - reduced to $4,995,120 - Pages: 1 - Sponsors: Chiu ### File 091142: Authorizing local support for the Bridge Preventive Maintenance Program - Pages: 1 ### File 091143: Welcoming the Presidents Cup to San Francisco - Pages: 1 - Sponsors: Elsbernd, Daly ### File 091144: Commending Bart Duncan for all of his work with the City and County of San Francisco - Pages: 1 - Sponsors: Dufty ### File 091145: Amending meeting requirements for the Children's Collaborative Task Force - Pages: 1 - Sponsors: Alioto-Pier ### File 091134: Domestic Violence Shelter Changes - Pages: 1 - Sponsors: Alioto-Pier, Chiu ### File 091135: Committee of the Whole - Acquisition of Muni Fillmore Substation at 1190 Fillmore Street - Pages: 1 - Sponsors: Mirkarimi ### File 091093: Approving Zoning Map Amendments in Connection with the 1500 Page Street Residential Care Special Use District - Pages: 1 ### File 091094: Approving agreements for procurement, installation and implementation of San Francisco Public Utilities Commission Advanced Meter Infrastructure System - Pages: 1 ### File 091095: Lease purchase financing for the acquisition of Advanced Meter Infrastructure Equipment - Pages: 1 ## Extracted text ### [Page 1](https://sfbos.info/documents/1944/2009-09-22-minutes#page-1) City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, September 22, 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 Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell, Ross Mirkarimi. Members Excused: David Campos. 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, Supervisor Campos was noted absent. There was a quorum. Supervisor Campos Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Avalos, moved to excuse Supervisor Campos from voting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Dufty, moved to approve the Board Meeting Minutes of August 18, 2009. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA Recommendation of the City Operations and Neighborhood Services Committee 090851 [Liquor License - 533 Sutter Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Matthew Shelton, for Shelton Theater LLC, located at 533 Sutter Street, 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: 372-09 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos REGULAR AGENDA NEW BUSINESS Recommendations of the Budget and Finance Committee 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.) Enacted Number: 370-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 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. Continued to October 6, 2009. Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 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.) Enacted Number: 368-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 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) Enacted Number: 371-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 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) Enacted Number: 369-09 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Recommendation of the City Operations and Neighborhood Services Committee 090909 [Citizen's Committee on Community Development] Mayor, Supervisors Daly, Avalos, Mirkarimi, Mar, Campos Ordinance amending the San Francisco Administrative Code by adding Section 2A.290 to establish the Citizen's Committee on Community Development, an advisory body jointly appointed by the Mayor and the Board of Supervisors, that is responsible for making policy recommendations and providing for citizen participation regarding community development strategy in the City, and making annual funding recommendations for the Federal Housing and Urban Development Community Development Block Grant and Emergency Shelter Grant programs. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Elsbernd, seconded by Supervisor Mar, 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: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Supervisor Elsbernd introduced, welcomed, and presented a Certificate of Honor to Elaine Ikeda, on behalf of the California Campus Compact coalition of colleges and universities, in recognition of its investment and championship of more than 500,000 students each year. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Stacy May, on behalf of the San Francisco Vegetarian Society, in recognition of its 10th Annual Veg Festival Weekend and for its continued community support. COMMITTEE REPORTS 091065 [Appointment, Arts Commission - Greg Chew] Motion approving the Mayor's appointment of Greg Chew to the Arts Commission, for the term ending January 15, 2013. (Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - August 24, 2009.) Enacted Number: M09-155 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos ROLL CALL FOR INTRODUCTIONS See Off-Agenda Legislation below. PUBLIC COMMENT Abdullah Megaheed; expressed various concerns in Arabic and English. James Chaffee; expressed concerns relating to the SF Public Library. Richard McRee; expressed concerns relating to technology, inventions and patents. Charles Bonjay; expressed that San Francisco was the best City in the world. Male Speaker; expressed various concerns relating to home care workers in Chinese and English. John Di Donna; expressed concerns relating to human equality. Male Speaker; expressed concerns relating to public comment. Andrea Smith; expressed concerns relating to home care workers. Male Speaker; expressed concerns relating to power for electric devices. Walter Paulson; shared in song certain concerns with the Board. Leo Chow; expressed concerns relating to home care workers. Female Speaker; expressed concerns relating to the disbandment of FM 92.7. Male Speaker; expressed various concerns. Male Speaker; expressed various religious concerns. Francisco Da Costa; expressed concerns relating to home care workers. Ace Washington; expressed concerns relating to the African-American community. Sonny Torey; expressed concerns relating to racial harassment. Female Speaker; expressed appreciation for the work of the Board of Supervisors. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 091115 [Mortgage Revenue Bonds] Supervisor Daly Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the "Director") to submit an application and related documents to the California Debt Limit Allocations Committee to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $22,000,000 for Arlington Residence; authorizing and directing the Director to direct the Controller's Office to hold in trust an amount not to exceed $100,000 in accordance with California Debt Limit Allocations Committee procedures; authorizing the Director to certify to California Debt Limit Allocations Committee that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $22,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). Enacted Number: 375-09 ADOPTED 091116 [Accept and Expend Gift - Police Department - $40,000] Supervisor Dufty Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend a gift in the amount of $40,000 from the Supporters of the San Francisco Police Department's Wilderness Adventure Youth Program, a non-profit organization [Internal Revenue Code 501(c)(3)], for the purchase of two new passenger vans to use on Youth Wilderness Trips. Enacted Number: 376-09 ADOPTED 091117 [Encouraging Ed Stolz, the new owner of FM 92.7, to continue with the Lesbian Gay Bisexual Transgender radio format of Energy 92.7] Supervisor Dufty Resolution encouraging Ed Stolz, the new owner of radio station 92.7, to continue with the Community/Lesbian Gay Bisexual Transgender/Dance radio format that has made Energy 92.7 one of the most unique and popular radio stations in San Francisco and the Bay Area. Enacted Number: 377-09 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos [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 Mirkarimi, seconded by Supervisor Avalos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 091132 [Declaring September 2009 as Reentry Month] Supervisor Mirkarimi Resolution declaring the month of September 2009 as Reentry Month in the City and County of San Francisco. Enacted Number: 374-09 Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 091133 [Declaring October 3, 2009, Dolorous Knight Day] Supervisor Avalos Resolution commending Dolorous Knight for her dedication to and generous support of San Francisco's public libraries, particularly her neighborhood branch, the Excelsior Branch Library, and declaring October 3, 2009, as Dolorous Knight Day. Enacted Number: 373-09 Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 091136 [Mandatory prequalification, training and safety certification requirements for public works projects] Supervisor Alioto-Pier Ordinance amending Administrative Code Chapter 6, Public Works Contracting Policies and Procedures, Section 6.20(F), to require mandatory bidder prequalification for all public works contracts and set minimum requirements for prequalification; amending Section 6.22(O) to establish training requirements applicable to apprentices and journeymen; and amending Section 6.22(P) to establish minimum safety training and certification requirements for electricians working on a jobsite. 9/22/09, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 10/22/2009. 091137 [Administrative Code - Historical Property (Mills Act) Contract Procedures] Supervisor Alioto-Pier Draft ordinance amending Administrative Code Section 71, (Mills Act Contract Procedures) to codify recent Charter changes related to the Historic Preservation Commission, establish process deadlines for Mills Act applications, require Budget Analyst review, clarify the definition of qualified historical property, and make technical changes. 9/22/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/22/2009. 091138 [Public Employment - Department of Human Resources] Supervisor Chiu Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance FY 2009-2010) to reflect the addition of four (2.68 FTE) Class 1064 IS Programmer Analyst - Principal and four (2.68 FTE) Class 1054 IS Business Analyst - Principal and two (1.34 FTE) Class 1043 IS Engineer - Senior in the Department of Human Resources. (Fiscal Impact.) 9/22/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091140 [Settlement of Lawsuit - Joseph Imbelloni; Imbelloni Construction Co., Inc.; and Bayside Vista LLC] Supervisor Maxwell Ordinance authorizing settlement of the lawsuit filed by Joseph Imbelloni; Imbelloni Construction Co., Inc.; and Bayside Vista LLC, against the City and County of San Francisco for a Writ of Mandate against the City and County of San Francisco to cease and desist from requiring a residential housing development commonly known as Bayside Vista, 2011 Bayshore Boulevard from compliance with the Visitacion Valley Community Facilities and Infrastructure Fee and Fund; the lawsuit was filed on August 19, 2008, in San Francisco Superior Court, Case No. CGC-08-478842; entitled Joseph Imbelloni; Imbelloni Construction Co., Inc.; Bayside Vista LLC v. City and County of San Francisco; Department of Building Inspection; Jose Cisneros, Treasurer of the City and County of San Francisco, et al; other material terms of said settlement are set forth in the Settlement Agreement and Release of Claims contained in Board of Supervisors File No. 091140. 9/22/09, RECEIVED AND ASSIGNED to Rules Committee. 091141 [Appropriating $1,043,160 of Hotel Room Tax Revenue to restore reductions to Convention Facilities in the General Services Agency, City Administrator for FY 2009-2010] Supervisors Mirkarimi, Avalos Ordinance appropriating $1,043,160 of Hotel Tax Revenue from the General Fund to restore reductions to the Convention Facilities Fund in the General Services Agency, City Administrator's Office for FY 2009-2010 and amending Administrative Provision Section 12.11 of the FY 2009-2010 Annual Appropriation Ordinance to reflect the change in Hotel Tax Allocation. (Fiscal Impact.) 9/22/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolutions 091132 [Declaring September 2009 as Reentry Month] Supervisor Mirkarimi Resolution declaring the month of September 2009 as Reentry Month in the City and County of San Francisco. 9/22/09, ADOPTED. 091133 [Declaring October 3, 2009, Dolorous Knight Day] Supervisor Avalos Resolution commending Dolorous Knight for her dedication to and generous support of San Francisco's public libraries, particularly her neighborhood branch, the Excelsior Branch Library, and declaring October 3, 2009, as Dolorous Knight Day. 9/22/09, ADOPTED. 091139 [Department of Human Resources - Amendment to CIBER, Inc. Contract - reduced to $4,995,120] Supervisor Chiu Resolution approving an amendment to the CIBER, Inc. contract to reduce the contract amount to $4,995,120. 9/22/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091142 [Authorizing local support for the Bridge Preventive Maintenance Program] Mayor Resolution authorizing local support for the Department of Public Works Bridge Preventive Maintenance Program and authorizing the Director of Public Works, or designee, to execute all documents pertaining to the project with Caltrans. 9/22/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091143 [Welcoming the Presidents Cup to San Francisco] Supervisors Elsbernd, Daly Resolution welcoming The Presidents Cup to Harding Park Golf Course. 9/22/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091144 [Commending Bart Duncan for all of his work with the City and County of San Francisco] Supervisor Dufty Resolution commending Bart Duncan for his more than 8 years of service to the City and County of San Francisco and for his leadership as the Director of Health Services. 9/22/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091145 [Amending meeting requirements for the Children's Collaborative Task Force] Supervisor Alioto-Pier Resolution amending Resolution 358-07, to allow the Children's Collaborative Task Force to begin meeting prior to the appointment of all its members. 9/22/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 091134 [Domestic Violence Shelter Changes] Supervisors Alioto-Pier, Chiu Hearing to discuss the recent changes to state support for domestic violence shelters, efforts by Senator Leland Yee to restore funding to shelters, and local impacts on the community. 9/22/09, RECEIVED AND ASSIGNED to Public Safety Committee. 091135 [Committee of the Whole - Acquisition of Muni Fillmore Substation at 1190 Fillmore Street] Supervisor Mirkarimi Hearing of persons interested in or objecting to proposed 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. 9/22/09, ASSIGNED to Board of Supervisors. Pursuant to File 090993, Board to sit as a Committee of the Whole on October 6, 2009. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 091093 [Approving Zoning Map Amendments in Connection with the 1500 Page Street Residential Care Special Use District] Ordinance amending Section Maps 6H and 6SU of the Zoning Maps of the City and County of San Francisco for the real property located at 1500 Page Street (Assessor's Block 1223/Lot 004) at the northwest corner of Masonic Avenue and Page Street, to reclassify the property from a 40-X Height and Bulk District to a 55-X Height and Bulk District, and to map the 1500 Page Street Residential Care Special Use District in order to permit the expansion of an existing building used for residential care and other considerations; and adopting General Plan, Planning Code and environmental findings. (Planning Department) 9/11/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/22/2009. 091094 [Approving agreements for procurement, installation and implementation of San Francisco Public Utilities Commission Advanced Meter Infrastructure System] Ordinance approving agreements necessary for the procurement, installation and implementation of the San Francisco Public Utilities Commission's Advanced Meter Infrastructure System, including Water Enterprise Agreement No. CS-936 with VSI Meter Services, Inc., related software license and maintenance agreements with Aclara RF Systems Inc., and a related source code escrow agreement with Aclara RF Systems and U.S. Bank National Association, under Charter Section 9.118; making findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1; and ratifying the procurement and contracting processes used by the San Francisco Public Utilities Commission. (Public Utilities Commission) (Fiscal Impact.) 9/14/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. PROPOSED RESOLUTION 091095 [Lease purchase financing for the acquisition of Advanced Meter Infrastructure Equipment] Resolution approving the lease purchase financing for the acquisition of Advanced Meter Infrastructure Equipment for the San Francisco Public Utilities Commission; approving the form of a lease purchase financing agreement between the Public Utilities Commission and a lender to be named therein, authorizing the selection of such lender, and ratifying previous actions taken in connection therewith. (Public Utilities Commission) (Fiscal Impact.) 9/14/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Alioto-Pier To: Director, Health Service System Requesting/Inquiring: Requesting that the Health Service System provide data on denials of City and County members who belong to Blue Shield HMO, plus system policies on assisting members who face denials. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations: Garbage Cans On the North side of Cole Street between Carl and Frederick Northeast corner Buchanan and Haight Mailboxes Northeast corner Buchanan and Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 350 Laguna 440 Webster 1020 Fillmore Building on the Northeast corner of Clayton and Cole 400 Fillmore 478-484 Haight (possible gang graffiti) 485 Scott 1300 Haight 506 Haight 338 Haight 295 Buchanan From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Pole In front of 1056 Divisadero In front of 338 Fillmore Wood Pole Southeast corner Sutter and Broderick Northeast corner Fillmore and Germania From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the public property at the following locations: Utility Boxes Southeast corner Fell and Buchanan Northeast corner Pierce and Waller Bus Shelter Southwest corner Stanyan and Haight Southeast corner Buchanan and Haight Fillmore and Haight (all 4 bus stops, graffiti and grime) Emergency Boxes Southwest corner Waller and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from 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 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 of Masonic and Haight and Southeast corner of Haight and Fillmore In Memoriams Julianna "Julie" De Gregorio - Supervisors Dufty and Elsbernd Jacob Alexander - Supervisor Mirkarimi Melissa Dennison - Supervisor Mirkarimi Sue Olive - Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 3:40 p.m. 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 October 20, 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