Board of Supervisors Minutes: October 20, 2009

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, October 20, 2009 2:00 PM 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: John Avalos, David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell, Ross Mirkarimi. Members Excused: Michela Alioto-Pier. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:11 p.m. On the call of the roll, Supervisor Alioto-Pier was noted absent. There was a quorum. Supervisor Alioto-Pier Excused from Voting Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to excuse Supervisor Alioto-Pier from voting. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Dufty, moved to approve the Board Meeting Minutes of September 15, 2009, and September 22, 2009. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Committee 090992 [Recreation and Park - Farmers' Market Fees - $475 per market location for six months] Supervisor Mirkarimi Ordinance amending the San Francisco Park Code Section 7.21 to establish farmers' market fees at $475 per market location for six months of operation. Enacted Number: 217-09 FINALLY PASSED 091067 [Approve a Lease with the United States of America at the International Terminal of San Francisco International Airport] Resolution approving and authorizing the execution of Lease No. GS-09B-01967 with the United States of America for terminal space to be occupied by the U.S. Federal Bureau of Investigation, a Federal agency, in the International Terminal of San Francisco International Airport. (Airport Commission) Enacted Number: 406-09 ADOPTED 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. Enacted Number: 407-09 ADOPTED Recommendations of the Land Use and Economic Development Committee 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) Enacted Number: 219-09 FINALLY PASSED Recommendation of the Public Safety Committee 091031 [Police Department Command Staff] Supervisors Campos, Alioto-Pier, Avalos, Chiu, Daly, Mar, Maxwell, Mirkarimi Ordinance amending the San Francisco Administrative Code to authorize the Chief of Police to appoint to any non-civil service rank above the rank of Captain (a) any member of the Police Department who has had supervisory experience over other sworn law enforcement officers; and (b) for a period of five years from the effective date of this ordinance, any sworn law enforcement officer with such supervisory experience from any local, state or federal agency that employs sworn law enforcement officers, provided that only one such officer may hold an appointment at any one time. Enacted Number: 218-09 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Severed from the Consent Agenda Supervisor Daly requested that this matter be severed so that it might be considered separately. 090477 [Amending Planning Code - South of Market (SOMA) Community Stabilization Fund] Supervisor Daly Ordinance amending Section 318.2 and 318.7 of the San Francisco Planning Code to clarify certain provisions relating to the South of Market (SOMA) Stabilization Fund to clarify that the Mayor's Office of Community Investment, the successor to the Mayor's Office of Community Development, will manage and expend the Fund; and amending Section 318.3 to clarify that the SOMA Stabilization fee is due before issuance of the final certificate of occupancy or within a time certain after the issuance of a first certificate of occupancy, whichever is sooner; and making certain findings including findings under the California Environmental Quality Act. Continued to October 27, 2009. Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED ON FINAL PASSAGE. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee 090938 [San Francisco Special Tax Financing Law] Supervisors Mar, Mirkarimi, Campos Ordinance to amend the San Francisco Administrative Code Special Tax Financing Law, constituting Article 43.10, to authorize water conservation and water pollution control equipment and improvements as facilities eligible for funding through the formation of special tax districts, the imposition of special taxes, and the issuance of bonds secured by special tax funds and related technical amendments. Enacted Number: 216-09 FINALLY PASSED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier NEW BUSINESS Recommendations of the Budget and Finance Committee 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 (2.32 FTE) Class 1064 IS Programmer Analyst - Principal and four (2.32 FTE) Class 1054 IS Business Analyst - Principal and two (1.16 FTE) Class 1043 IS Engineer - Senior in the Department of Human Resources (DHR). (Fiscal Impact.) Supervisor Avalos, seconded by Supervisor Chu, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance FY 2009-2010) to reflect the addition of four (2.32 FTE) Class 1064L IS Programmer Analyst - Principal and four (2.32 FTE) Class 1054L IS Business Analyst - Principal and two (1.16 FTE) Class 1043L IS Engineer - Senior in the Department of Human Resources (DHR). (Fiscal Impact.) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091168 [Appropriating $150,000 of General Fund Reserve to General City Responsibility for Emergency Aid Relief in the Philippines, Samoa and Indonesia] Supervisors Daly, Campos Ordinance appropriating $150,000 from the General Fund Reserve to General City Responsibility for emergency aid relief for the people of the Philippines, Samoa and Indonesia related to recent natural disasters for FY 2009-2010, and placing the total appropriation of $150,000 on Budget and Finance Committee reserve pending submittal of a detailed expenditure plan. (Supervisor Chu dissented in Committee.) Supervisor Campos requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Chu, Elsbernd Excused: 1 - Alioto-Pier 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.) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 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. Enacted Number: 399-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091054 [Approval of Department of Building Inspection contracts to provide plan review and field inspection services] Resolution approving a Department of Building Inspection interagency agreement to provide plan review and field inspection services to the Transbay Joint Powers Authority, as required by Charter Section 9.118(a). (Building Inspection Department) (Fiscal Impact.) Enacted Number: 412-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091109 [American Recovery and Reinvestment Act of 2009 Project - Award of Contract for LRV Systems Overhaul - NTE $56,752,554] Supervisor Chiu Resolution authorizing the San Francisco Municipal Transportation Agency to enter into Contract No. APT 591-01, LRV Doors and Steps Reconditioning and Systems Overhaul, with AnsaldoBreda Inc., in an amount not to exceed $56,752,554 and a term not to exceed five years. Enacted Number: 403-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091110 [American Recovery and Reinvestment Act of 2009 Project - Award of Contract for Motor Coach Rehabilitation - NTE $12,598,315] Supervisor Chiu Resolution authorizing the San Francisco Municipal Transportation Agency to enter into Contract No. APT 106-01, Motor Coach: Component Life Cycle Rehabilitation Project, with Complete Coach Works, in an amount not to exceed $12,598,315 and a term not to exceed four years. Enacted Number: 402-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091139 [Department of Human Resources - Amendment to CIBER, Inc. Contract - reduced to $4,995,120] Supervisor Chiu Resolution approving, retroactively, an amendment to the CIBER, Inc. contract to reduce the contract amount to $4,995,120. Enacted Number: 401-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091056 [Approve San Francisco Public Utilities Commission Peninsula Region Construction Management Contract - NTE $22,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Water System Improvement Program-funded Professional Service Agreement No. CS-916, Peninsula Region Construction Management Services, with HDR Engineering, Inc., for an amount not to exceed $22,000,000 with a term of up to 55 months, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact.) Enacted Number: 405-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091057 [Emergency contract to replace main sewer on California Street from Cherry Street to Arguello Boulevard] Resolution approving an emergency public work contract under San Francisco Administrative Code Section 6.60 to replace the main sewer on California Street from Cherry Street to Arguello Boulevard. (Public Utilities Commission) (Fiscal Impact.) Enacted Number: 413-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091058 [Emergency contract to replace sewers on Lexington Street from 20th Street to 21st Street and on San Carlos Street from 18th Street to Sycamore Street] Resolution approving an emergency public work contract under San Francisco Administrative Code Section 6.60 to replace sewers on Lexington Street from 20th Street to 21st Street and on San Carlos Street from 18th Street to Sycamore Street. (Public Utilities Commission) (Fiscal Impact.) Enacted Number: 416-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier From the Budget and Finance Committee Without Recommendation 091068 [Approve amendments to four SFPUC professional engineering services agreements in excess of $10,000,000 each] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute amendments to increase four professional engineering services agreements for Water System Improvement Program (WSIP) funded projects with total revised agreement amounts in excess of $10,000,000 each, pursuant to Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact.) Privilege of the floor was granted to San Francisco Water Assistant Director, Harlan Kelly, who responded to questions raised throughout the discussion. Enacted Number: 404-09 ADOPTED by the following vote: Ayes: 8 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Noes: 2 - Campos, Mirkarimi Excused: 1 - Alioto-Pier Recommendation of the Land Use and Economic Development Committee 090981 [Street Encroachment at 1230-1240 Twin Peaks Boulevard] Resolution granting revocable permission to Michael Chung to occupy, excavate and regrade an existing unimproved portion of the public right-of-way to construct and maintain private concrete driveways with retaining walls, walkways and steps with accommodations for drainage and new landscaping to provide pedestrian and vehicular access to two (2) new single family dwellings at 1230-1240 Twin Peaks Boulevard (Block 2821, Lots 022 & 021), conditioned upon the payment of an annual assessment fee, and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Public Works Department) Enacted Number: 410-09 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Recommendation of the Public Safety Committee 091032 [Confidentiality of Juveniles' Immigration Status] Supervisors Campos, Avalos, Chiu, Dufty, Mar, Maxwell, Mirkarimi, Daly Ordinance amending the San Francisco Administrative Code by amending Sections 12H.2, 12H.2-1, and 12H.3 to allow City law enforcement officers and employees to report information regarding the immigration status of a juvenile to any state or federal agency when the juvenile has been adjudicated to be a ward of the court on the ground of felony conduct, the court makes a finding of probable cause after the District Attorney directly files felony criminal charges against the minor, or the juvenile court determines that the minor is unfit to be tried in juvenile court and the superior court makes a finding of probable cause; and to update references to the federal agency responsible for enforcing federal immigration laws. (Supervisor Alioto-Pier dissented in committee.) PASSED ON FIRST READING by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Chu, Elsbernd Excused: 1 - Alioto-Pier SPECIAL ORDER 3:30 P.M - Recognition of Commendations There were none. SPECIAL ORDER 4:00 P.M. 091088 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 430 Main Street/429 Beale Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated February 23, 2009, Case No. 2007.1121E, that a project at 430 Main Street/429 Beale Street is exempt from environmental review per Section 15183 of the California Environmental Quality Act Guidelines and California Public Resources Code Section 21083.3. The proposal would demolish two existing one- and two-story concrete buildings on two adjacent parcels and construct an eight-story, approximately 146,000-square foot residential building on the site following merger of the two lots. The new building would include approximately 113 residential units and one subterranean parking level accommodating approximately 57 vehicles within the Rincon Hill Area Plan, a RH DTR (Rincon Hill Downtown Residential Mixed Use)/84-X Height and Bulk District, in Assessor's Block No. 3767, Lot Nos. 305 and 306. (Appellant: Dane Ince on behalf of the Opposition Team to 430 Main Street) (Filed 9/8/09; Companion Measure to 091089, 091090, 091091; District 6.) The President inquired as to whether any member of the public wished to address the Board. Steven Williams (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Rahul Pendse; Jan Null; Richard Grassetti; Daphne Smothers; Sun Kim; Cammy Wyndham; Len Westlaw; Judy Hutchinson; Gary Winter; Male Speaker; Lou Gaylen; Devlin and Tanya; Michael Bardley; John Knight; Cecilia Lum; Sasha Harts; Cynthia Monjes; Cindy Maldonado; Julie Norris; David Kellis; Mavin Markle; Kirk Lavallo; Debbie Gold; Ed Walsh; Male Speaker; Peter Chang; Regina Lara; Amy Liam; Gustavo Ayala; Chin King; Dan Aames; Jamie Whittiker; Louise Tallerman; Male Speaker; Ann Hong; Eric Kurshe; Andrew Brookstein; Joseph Kue; spoke in support of the appeal. Bill Wycko; Rick Cooper; Joshua Switzky; Tara Sullivan (Planning Department); Carl Eisler (Engineering Consultant); Tom Rivard (Department of Public Health); and Kate Stacy (City Attorney's Office); provided details of the project and responded to questions raised throughout the discussion. Tuija Catalano (Project Sponsor) 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. Chris Upsel; 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. 091089 [Affirming the exemption determination issued for the 430 Main Street/429 Beale Street project] Motion affirming the exemption determination by the Planning Department that the 430 Main Street/429 Beale Street project is exempt from environmental review. Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091090 [Reversing the exemption determination issued for the 430 Main Street/429 Beale Street project] Motion reversing the exemption determination by the Planning Department that the 430 Main Street/429 Beale Street project is exempt from environmental review. Enacted Number: M09-167 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091091 [Preparation of findings related to the exemption determination for the 430 Main Street/429 Beale Street project] Motion directing the Clerk of the Board to prepare findings related to the appeal of the exemption determination by the Planning Department that the project at 430 Main Street/429 Beale Street is exempt from environmental review. Enacted Number: M09-168 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier COMMITTEE REPORTS Recommendations of the Rules Committee 091008 [Settlement of Grievance - Elina Sulimov - $130,000] Ordinance authorizing settlement of the lawsuit filed by Elina Sulimov against the City and County of San Francisco for $130,000; the lawsuit was filed on December 26, 2008, Case No. 478007; entitled Elina Sulimov, v. City and County of San Francisco. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos Excused: 1 - Alioto-Pier 091037 [Settlement of Lawsuit and Disputes and Agreement to Close the Potrero Power Plant - $1,100,000] Supervisors Maxwell, Chiu, Alioto-Pier Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Mirant Potrero L.L.C. on April 27, 2009, in San Francisco Superior Court, Case No, CGC 09-487-795; entitled City and County of San Francisco, et al., v. Mirant Potrero L.L.C., which settlement provides for, among other things, permanent closure of the entire Potrero Power Plant when it is no longer needed for electric reliability, payment by Mirant of $1,100,000 to the City, the City's agreement to stay enforcement of the UMB Ordinance for the unoccupied unreinforced masonry buildings located at the Potrero Power Plant site pending a new site reuse plan so long as Mirant maintains the buildings in a safe manner, Mirant's agreement to restrict future uses of the site to prohibit fossil fuel generation after the Plant is shut down, and the City's agreement to priority processing of a future application for entitlements for a proposed site reuse plan. PASSED, ON FIRST READING by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos Excused: 1 - Alioto-Pier 091070 [Settlement of Lawsuit - Pat Moore/Tom Moore - $120,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Pat Moore/Tom Moore against the City and County of San Francisco for $120,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos Excused: 1 - Alioto-Pier 091071 [Settlement of Lawsuit - James Cordova/Maria Morales - $35,000] Ordinance authorizing settlement of the portion of the lawsuit filed by James Cordova/Maria Morales against the City and County of San Francisco for $35,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos Excused: 1 - Alioto-Pier 091072 [Settlement of Lawsuit - Mehrdad Alemozaffar - $385,000] Ordinance authorizing settlement of the lawsuit filed by Mehrdad Alemozaffar against the City and County of San Francisco for $385,000; the lawsuit was filed on July 20, 2007, in United States District Court, Northern District of California, Case No. C07-4494 JSW; entitled Mehrdad Alemozaffar, et al., v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos Excused: 1 - Alioto-Pier 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. PASSED, ON FIRST READING by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos Excused: 1 - Alioto-Pier 091073 [Settlement of Unlitigated Claim - Patty Thomas - $52,250] Resolution approving the settlement of the unlitigated claim filed by Patty Thomas against San Francisco for $52,250; claim was filed on March 3, 2009. (City Attorney) Enacted Number: 411-09 ADOPTED by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Campos Excused: 1 - Alioto-Pier Recommendation of the Government Audit and Oversight Committee/LAFCo 091161 [Approving Issuance of a Request for Proposals for CleanPowerSF] Supervisor Mirkarimi Ordinance approving issuance of a Request for Proposals for Community Choice Aggregation (CCA) Services for the San Francisco CCA program, commonly known as CleanPowerSF. This item was not sent as a Committee Report. ROLL CALL FOR INTRODUCTIONS See Off-Agenda Legislation below. PUBLIC COMMENT Abdullah Megaheed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Espinola Jackson; expressed concerns relating to loan modifications. Patrick Monette-Shaw; expressed concerns relating to current lay-offs. Colin Gallagher; expressed concerns relating to personal threat. Walter Paulson; shared in song certain concerns with the Board. Richard Rolph; expressed concerns relating to current lay-offs. Emil Lawrence; expressed concerns relating to contracts. Angelo King; expressed concerns relating to community assistance. Male Speaker; expressed concerns relating to the SF Public Library. Peter Warfield, expressed concerns relating to the SF Public Library. Linda Richardson; expressed concerns relating to loan modifications. Alan Turner; expressed concerns relating to current lay-offs. Peter Smith; expressed concerns relating to current lay-offs. Male Speaker; expressed various religious concerns. Debbie Dobson; expressed concerns relating to current lay-offs. Michael Siegel; expressed concerns relating to current lay-offs. Victoria Gonzalez; expressed concerns relating to current lay-offs. Lucy Vargas; expressed concerns relating to current lay-offs. Female Speaker; expressed concerns relating to loan modifications. Female Speaker; expressed concerns relating to loan modifications. Male Speaker; expressed concerns in English and Spanish relating to foreclosures. Albert Gonzalez; expressed concerns relating to loan modifications. Female Speaker; expressed concerns relating to loan modifications. Shirley Jones; expressed concerns relating to loan modifications. Lisa Salesman; expressed concerns relating to loan modifications. Male Speaker; expressed concerns relating to U.S. military occupation of FOR ADOPTION WITHOUT COMMITTEE REFERENCE 091171 [Accept and Expend State Grant - District Attorney - $100,000] Supervisor Chiu Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $100,000 through the California Department of Insurance, Life and Annuity Consumer Protection Fund, for a program entitled "Life and Annuity Consumer Protection" for FY 2009-2010. Enacted Number: 414-09 ADOPTED 091174 [Accept and Expend State Grants - Department of Public Health - $18,699.38] Supervisor Alioto-Pier Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively three grants totaling $18,699.38, from the California Department of Food and Agriculture; for the periods of July 1, 2009, through June 30, 2010, and January 1, 2010, through December 31, 2010. Enacted Number: 409-09 ADOPTED 091175 [Issuance and Sale of Revenue Bonds - Crescent Manor - 467 Turk Street - NTE $11,000,000] Supervisor Daly Resolution approving the issuance and sale of tax-exempt bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $11,000,000 for financing the acquisition, construction and rehabilitation of Crescent Manor - 467 Turk Street, subject to the requirements of Article IX of Chapter 43 of the Administrative Code. Enacted Number: 397-09 ADOPTED 091176 [Accept and Expend Grant - Department of Public Health - $20,059] Supervisors Dufty, Campos Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $20,059 from the University of California San Francisco, to assist with a project entitled "Monitoring and Evaluation Framework for Improved Health Sustainability in the Philippines;" for the period of July 1, 2009, through November 15, 2009. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 408-09 ADOPTED 091177 [Urging San Francisco businesses and community members to contribute to the relief efforts in Samoa, American Samoa, Indonesia and the Philippines to help the islands cope with the effects Supervisors Dufty, Daly, Campos Resolution urging San Francisco businesses and community members to contribute to the relief efforts in Samoa, American Samoa, Philippines and Indonesia to help the islands cope with the effects from the devastating earthquake, tsunami, storms and typhoons that have occurred over the past 10 days. Supervisors Daly and Campos requested to be added as co-sponsors. Enacted Number: 398-09 ADOPTED 091180 [Declaring November 1 - 8, 2009, Community College Week] Supervisors Mar, Avalos, Maxwell, Mirkarimi, Chiu, Campos Resolution declaring November 1 - 8, 2009, Community College Week and urging the Governor to work together to come up with a budget for FY 2010-2011 that does not increase student fees and that uses a combination of new revenue generation, delayed payments, and other creative mechanisms in lieu of cuts to education. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: 400-09 ADOPTED 091189 [Final Map - 736 Valencia Street] Motion approving Final Map 5568, an Eight Unit Residential and One Unit Commercial Mixed-Use Condominium Project, located at 736 Valencia Street being a subdivision of Lot 005 in Assessors Block No. 3588 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 178,354; District 8.) Enacted Number: M09-169 APPROVED 091190 [Waiver permitting City employees to assist the Department of Elections with the November 3, 2009, special statewide election] Supervisors Chiu, Campos Motion granting a waiver from the prohibition imposed by Charter Section 13.104.5, to permit City employees to assist the Department of Elections with the November 3, 2009, special statewide election. Supervisor Campos requested to be added as a co-sponsor. Enacted Number: M09-170 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Severed from the For Adoption Without Committee Reference Agenda Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. 091173 [Urging the United States federal government to end the U.S. military occupation of Afghanistan] Supervisors Avalos, Campos, Daly, Mar, Mirkarimi Resolution urging the United States federal government to end the U.S. military occupation of Afghanistan while providing humanitarian aid to support the recovery of the country from the effects of war. Amended, Page 3, Line 4, deleting "now, therefore, be it" and adding "and,". Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Continued to October 27, 2009. Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED AS AMENDED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Dufty, seconded by Supervisor Elsbernd, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Dufty, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091192 [Eureka Valley/Harvey Milk Memorial Branch Library re-opening] Supervisor Dufty Resolution recognizing the grand re-opening of the Eureka Valley/Harvey Milk Memorial Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. Enacted Number: 415-09 Supervisor Dufty, seconded by Supervisor Elsbernd, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 091201 [Right-of-way Acceptance - DeLong Street between San Diego and Santa Cruz Avenues] Supervisor Avalos Ordinance accepting offers from Habitat for Humanity San Francisco and the San Francisco Bay Area Rapid Transit District for specified street improvements and property for right-of-way purposes; designating said improvements and property for public right-of-way purposes; approving a map showing such improvements and street areas and declaring such areas to be dedicated open public right-of-way and officially naming this street area as "DeLong Street;" accepting said improvements for public maintenance and liability purposes, subject to specified limitations; officially adopting sidewalk widths and grades for DeLong Street; adopting environmental findings and finding that such actions are consistent with the City's General Plan and the eight priority policies of City Planning Code section 101.1; and authorizing official acts in connection with this ordinance. 10/20/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 11/19/2009. 091202 [Appropriating $734,289 in San Francisco General Hospital to Convert 88 Patient Care Assistant Positions to Certified Nursing Assistant Positions for FY 2009-2010] Supervisors Avalos, Mirkarimi, Campos, Mar Ordinance appropriating $734,289 in General Fund Reserve to support the cost of converting eighty-eight (88) Patient Care Assistant Positions (Job Classification 2303) to Certified Nursing Assistant Positions (Job Classification 2302) effective January 1, 2010, at San Francisco General Hospital in the Department of Public Health for FY 2009-2010. (Economic Impact.) 10/20/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091203 [Public Employment - Department of Public Health Certified Nursing Assistant conversion at San Francisco General Hospital] Supervisors Avalos, Mirkarimi, Mar Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance 2009-2010) to reflect the conversion of 44.00 FTEs (88.00 positions) from Patient Care Assistants to Certified Nursing Assistants for 13.1 pay periods (January 1, 2010 through June 30, 2010) at San Francisco General Hospital in the Department of Public Health. (Fiscal Impact.) 10/20/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091207 [Extending the Yerba Buena Center Redevelopment Plan] Supervisor Daly Ordinance approving amendments to the Yerba Buena Center Redevelopment Plan to extend by one year the time limit on the effectiveness of the plan (other than the Emporium Site) and, upon expiration of the Plan, to extend both the time for issuance of debt and the receipt of tax increment by the San Francisco Redevelopment Agency and to suspend the limit on the total number of dollars of tax increment revenue that may be received by the San Francisco Redevelopment Agency under the Plan to continue financing Low and Moderate Income Housing Fund activities under the Plan. 10/20/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 091208 [24th Street - Noe Valley Neighborhood Commercial District - Conditional Use for New Full-Service and Small Self-Service Restaurants] Supervisor Dufty Ordinance amending the San Francisco Planning Code by amending Section 728.1 and Sections 728.42, 728.44 and 728.69A of the Zoning Control Table to allow new full-service restaurants, small self-service restaurants, and self-service specialty food establishments with conditional use authorization and removing the Specific Provisions for full-service restaurants; adopting findings, including environmental findings, Section 301 findings, and findings of consistency with the General Plan and the Priority Policies of Section 101.1. 10/20/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 11/19/2009. 091210 [Recreation and Park Department - Turf Athletic Fields] Supervisor Mirkarimi Ordinance repealing the portion of uncodified Ordinance No. 077-06 that authorizes the Recreation and Park Department (RPD) General Manager to accept future gifts of the synthetic athletic fields ("Turf fields") without the approval of the Board of Supervisors; and adding S.F. Park Code Section 3.21 to require RPD to submit an annual report on the Turf fields to the Board of Supervisors. 10/20/09, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 11/19/2009. Referred to the Youth Commission for informational purposes. 091211 [Carryout Bag Rebate Ordinance] Supervisor Mirkarimi Ordinance amending the San Francisco Environment Code by adding Chapter 20, Sections 2001 through 2005, entitled "Carryout Bag Rebate Ordinance," to require stores in the City and County of San Francisco to provide a rebate to customers for bringing their own carryout bags and to provide penalties for violations. 10/20/09, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 11/19/2009. 091217 [Appropriation Ordinance to Reflect Mayor's State Budget Plan for FY 2009-2010] Mayor, Supervisor Avalos Ordinance appropriating $18,000,000 of an unallocated reduction to State revenues (State Budget Reserve), including $9,589,000 for the Department of Public Health, $9,600,000 for the Human Services Agency, and $500,000 for the Sheriff's Department; deappropriating $3,448,652 of expenditures in the Department of Public Health consistent with the Mayor's Proposed State Budget Plan; and appropriating and placing $1,759,652 of General City Responsibility General Fund on an appropriated reserve for FY 2009-2010. (Fiscal Impact.) 10/20/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091218 [MOU, Amendment #2 - Local 798, Unit 1] Mayor Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 1, by extending the term of the parties' Agreement through June 30, 2012, and by implementing specified terms and conditions of employment for FY's 2009-2010 and 2010-2011. 10/20/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 091219 [MOU, Amendment #2 - Local 798, Unit 2] Mayor Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 2, by extending the term of the parties' Agreement through June 30, 2012, and by implementing specified terms and conditions of employment for FY's 2009-2010 and 2010-2011. 10/20/09, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 091162 [Purchaser's authority to permit informal solicitation of certain contracts for purchase of goods or services and to set aside contracts for small local businesses] Supervisors Chu, Chiu, Maxwell Ordinance amending Administrative Code section 21.5 to allow Purchaser to permit informal solicitation for contracts for commodities and services up to $100,000 and for those contracts utilizing federal grant funds where authorized and to update Purchaser's authority to set aside contracts for local small businesses. 10/6/09, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/6/2009. 10/20/09, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/6/2009. 10/20/09, SUBSTITUTED. Supervisor Chu submitted a substitute ordinance bearing same title. Resolutions 091192 [Eureka Valley/Harvey Milk Memorial Branch Library re-opening] Supervisor Dufty Resolution recognizing the grand re-opening of the Eureka Valley/Harvey Milk Memorial Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. 10/20/09, ADOPTED. 091204 [Accept and Expend Grant - San Francisco Port Commission - $5,771,340] Supervisor Chiu Resolution authorizing the San Francisco Port Commission to accept and expend a grant in the amount of $5,771,340 from the California Emergency Management Agency for security enhancements at the Port of San Francisco. 10/20/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091205 [Accept and Expend Grant - Airport Commission - $1,700,000] Supervisor Chu Resolution authorizing the Airport Commission to retroactively accept and expend a grant of $1,700,000 from the California Air Resources Board for the acquisition and operation of a hydrogen vehicle fueling station. 10/20/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091206 [Accept and Expend Grant - Airport Commission - $1,399,709.57] Supervisor Chu Resolution authorizing the Airport Commission to retroactively accept and expend three (3) grants totaling $1,399,709.57 from the Bay Area Air Quality Management District (Air District) for the retrofit and acquisition of clean air vehicles and infrastructure. 10/20/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091209 [Interim Zoning Controls for the Bayshore Corridor] Supervisors Maxwell, Campos, Dufty Resolution imposing interim zoning controls to require Conditional Use authorization for all projects that involve (1) establishment of a formula retail use, (2) new retail uses that are 25,000 gross square feet or larger, and/or (3) a lot merger that creates a new lot that is 25,000 square feet or larger, for a period of eighteen (18) months, on all properties on lots fronting Bayshore Boulevard, from Jerrold Avenue to the I-280 Freeway; the west side of Loomis Street, from Jerrold Avenue to the I-280 Freeway; Oakdale Avenue from Loomis Street to Bayshore Boulevard; Marengo Street from Bayshore Boulevard to Waterloo Street; and the west side of Boutwell Street from Industrial Street to the I-280 Freeway; specifying criteria to be applied in the evaluation of a conditional use permit application, in addition to the criteria listed in Section 303 of the Planning Code, and making findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. 10/20/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 091212 [Amendment to the FY 2009-2010 Redevelopment Agency Budget] Mayor, Supervisor Avalos Resolution approving an amendment to the budget of the Redevelopment Agency of the City and County of San Francisco for FY 2009-2010 Budget to (1) authorize the expenditure in an amount not to exceed $28,700,000 for payment to the Educational Revenue Augmentation Fund; (2) authorize an increase in expenditures in an amount not to exceed $156,000 for additional grant reimbursements from the U.S. Department of Commerce, Economic Development Administration (EDA); (3) authorize an increase in expenditures in an amount not to exceed $1,033,417 for additional Housing Opportunities for Persons with AIDS (HOPWA) funding; and (4) approving the issuance by the Redevelopment Agency of Bonds in an additional principal amount not to exceed $28,000,000 to finance a portion of redevelopment activities described in the approved Budget as amended for FY 2009-2010 of which additional tax increment will be needed in FY 2010-2011 for such financing thereof. (Fiscal Impact.) 10/20/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091213 [Accept and Expend Federal/State Grant - Department of Public Library - $5,667] Supervisor Chu Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $5,667 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. 10/20/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091214 [Urging the State of California Alcoholic Beverage Control office to maintain its San Francisco Office] Supervisors Dufty, Chiu, Campos Resolution urging the State of California Alcoholic Beverage Control office to maintain its San Francisco Office and continue to provide their crucial necessary services to the citizens of San Francisco. 10/20/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091215 [Urging SFMTA to implement AB 144 in order to curb abuse of disabled placards] Supervisors Dufty, Mar, Campos Resolution urging the San Francisco Municipal Transportation Agency to implement California Assembly Bill 144 to curb abuse of disabled placards. 10/20/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091216 [Support for Irish Unification] Supervisors Daly, Mirkarimi, Campos Resolution urging the Federal officials to support Irish Unification. 10/20/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 091178 [Approval of Lease for Pier 15 and a portion of Pier 17, and related Parking Agreement and Licenses] Mayor, Supervisors Chiu, Alioto-Pier Resolution approving and authorizing a 66-year Lease of Pier 15 and a portion of Pier 17 and a related Parking Agreement at Seawall Lot 321, two Curb Indent Licenses in front of Piers 15 and 17 and a Curb Space License at Green Street between the Exploratorium and the City and County of San Francisco acting by and through the San Francisco Port Commission. (Fiscal Impact.) 10/6/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 10/20/09, SUBSTITUTED. Mayor Newsom submitted a substitute ordinance bearing new title. 10/20/09, ASSIGNED to Budget and Finance Committee. Requests for Hearing 091196 [Impact of foreclosures and loan modifications in San Francisco] Supervisor Avalos Hearing to consider the impact of foreclosures on residents and on the City and County of San Francisco and also address to what extent homeowners are seeking loan modifications and presentations will be provided by the Mayor's Office of Housing, lenders, and organizations supporting homeowners facing default. 10/20/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 091197 [State Homeland Security Program Grants Distribution] Supervisor Campos Hearing on the distribution of State Homeland Security Program Grants for the purpose of examining the efficacy and transparency of project administration and San Francisco's role as fiscal agent of these monies. 10/20/09, RECEIVED AND ASSIGNED to Public Safety Committee. 091198 [Bus Inspection Program] Supervisor Dufty Hearing to get a status update from the Municipal Transportation Agency and San Francisco Police Department on the Bus Inspection Program which will focus on the ongoing Bus Inspection Program trial program that has been implemented at several police stations in San Francisco and how the Trans Link card has been used. 10/20/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 091199 [Management Audit of the San Francisco Municipal Transportation Authority Proof of Payment Program] Supervisor Dufty Hearing on the Management Audit of the San Francisco Municipal Transportation Agency Proof of Payment Program and what changes have been applied to Muni's Proof of Payment Program since the audit was released in May 2009. 10/20/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 091200 [Inter-departmental coordination with large public and private events in Golden Gate Park] Supervisors Mar, Chu Hearing to discuss inter-departmental coordination with large public and private events in Golden Gate Park which will be based around transportation, parking, noise, outreach, and neighborhood notification. 10/20/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Motion 091220 [Authorizing the Clerk of the Board of Supervisors to Commence Negotiations for the Budget and Legislative Analyst Services] Supervisor Avalos Motion directing the Clerk of the Board of Supervisors to begin negotiations with Harvey M. Rose Associates, LLC, Debra A. Newman, Louie and Wong, LLP, A Joint Venture for Budget and Legislative Analyst Services per Request for Proposal (RFP) #BOS-01-424. 10/20/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 090678 [Bayview Hunters Point Area Plan, Technical Zoning Map Amendments] Ordinance amending Zoning Map Sheets ZN08, ZN10, and SU10 of the City and County of San Francisco Planning Code with revised use districts within the Bayview Hunters Point Plan Area; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. (Planning Department) 9/30/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/30/2009. 090998 [Settlement of Eminent Domain Lawsuit - Pacific Gas and Electric Company - $112,000] Ordinance authorizing settlement of the eminent domain lawsuit filed by Pacific Gas and Electric Company against the City and County of San Francisco et al., San Mateo Superior Court, Case No.449100; entitled Pacific Gas and Electric v. City and County of San Francisco, et al.; other material terms of said settlement are set forth in the Stipulation for Entry of Judgment in Condemnation contained in Board of Supervisors' File No. 090998. (City Attorney) 10/5/09, RECEIVED AND ASSIGNED to Rules Committee. 091186 [Settlement of Lawsuit - Gavin Smith - $55,000] Ordinance authorizing settlement of the lawsuit filed by Gavin Smith against the City and County of San Francisco for $55,000; the lawsuit was filed on April 29, 2009, in San Francisco Superior Court, Case No. CGC-09-487887; entitled Gavin Smith v. City and County of San Francisco. (City Attorney) 10/7/09, RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 091185 [Approval to Award a Three-Year Lease for Surface Parking Between the Port of San Francisco and Priority Parking-CA, LLC (Lease No. L-14747)] Resolution approving a Port Commission Lease with Priority Parking-CA, a California Limited Liability Corporation in the City and County of San Francisco, for certain real property located at SWL 322-I bounded by Front Street and Broadway, SWL 323 bounded by The Embarcadero and Davis Street, SWL 321 bounded by Front Street and Green Street, and SWL 324 bounded by Davis Street, Front Street and The Embarcadero for a term of 3 years. (Port) (Supervisor Campos dissented in committee.) 10/6/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091187 [Authorizing the Office of Contract Administration to Amend its Contract with Xtech to Increase the Contract Amount to $40,000,000] Resolution authorizing the Office of Contract Administration to enter into the Second Amendment between the City and Xtech (part of the Technology Store procurement vehicle), in which the amendment shall increase the contract amount from $12,475,000 to $40,000,000. (Office of Contract Administration) (Fiscal Impact.) 10/8/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. 091188 [Authorizing the San Francisco Human Services Agency to Apply for State Funds Available for Fraud Prevention and Detection in the In-Home Supportive Services Program] Resolution authorizing Human Services Agency to submit a plan for State funding for In-Home Supportive Services fraud investigations and program integrity efforts pursuant to the California State Budget Act of 2009. (Human Services Department) 10/9/09, RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Dufty To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation amending the zoning for 47 Chenery Street in San Francisco to a Special Use District from RH2 so that the property can be allowed to proceed as a museum with special conditions attached. From: Supervisor Dufty To: Controller To: Director, Human Rights Commission To: Director, Department of Technology Requesting/Inquiring: Requesting that the Controller, Human Rights Commission (HRC) and Department of Technology report on the need and value of upgrading HRC database of certified firms to improve keyword search capabilities. Improving keyword searches and reflecting Standard Industrial Classifications (SIC) and NAICS Classifications could enable users to refine searches and better identify small and local businesses to bid on City work. 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 of Masonic and Haight Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following public property locations: Utility Boxes Southeast corner Divisadero and Fulton Northeast corner Stanyan and Waller Northeast corner Laguna and Market Northwest corner Golden Gate and Fillmore Bus Shelters Southeast corner Masonic and Fulton Northwest corner Divisadero and Haight Northeast corner Hayes and Fillmore Northeast corner Oak and Fillmore Southeast corner Masonic and Fulton Fillmore and Haight (all 4 bus stops, graffiti and grime) Emergency Boxes Northeast corner Lyon 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 from the following locations: Garbage Cans Southeast corner O'Farrell and Scott Southeast corner Stanyan and Hayes Northeast corner Laguna and Market Northeast corner Central and Haight Southeast corner Ashbury and Waller Southwest corner Fillmore and Haight On the middle block of 1300 Haight Mailbox On Fell Street, between Baker and Broderick, near DMV 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 Poles Northeast corner McAllister and Fulton Southeast corner Waller and Clayton Southwest corner Lassuant 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 the following private property locations: 850 Cole 200 Divisadero 208 Scott 485 Scott 415 Haight 420 Haight 450 Haight 457 Haight 508 Haight 511 Haight 537 Haight 552 Haight 560 Haight 583 Haight 603 Haight 608 Haight 688 Haight 739 Haight 769 Haight 1300 Haight 1400 Haight 1500 Haight 1420 Haight 1570 Haight 495 Fulton 932 Hayes 338 Fillmore 1578 Fell From: Supervisor Campos To: Director, Department of Emergency Management Requesting/Inquiring: Requesting an accounting of the distribution of UASI grants in fiscal years 2007-08, 2008-09, and 2009-2010 and any other information relevant to the administration of UASI grants and San Francisco's role as fiscal agent of these monies. In Memoriams Elder Garlin Bluford - Supervisor Mirkarimi Lili Rachel Smith - Supervisor Chiu Eric Buschman - Supervisor Avalos Ramon Ramirez - Supervisors Dufty, Avalos, Elsbernd, and Mirkarimi Evangeline Hermanson - Supervisor Mirkarimi ADJOURNMENT There being no further business, the Board adjourned at the hour of 8:30 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 November 10, 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