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City and County of San Francisco
Board of Supervisors - Full Board

December 4, 2007

Board of Supervisors

City and County of San Francisco

Legislative Chamber - Second Floor
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

seal of the city and county of sf

AGENDA
Tuesday, December 4, 2007
2:00 PM

Regular Meeting

AARON PESKIN, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, SOPHIE MAXWELL, JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL

Angela Calvillo, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES
Approval of the November 6, 2007 and November 13, 2007 Board Meeting Minutes

AGENDA CHANGES

COMMUNICATIONS

Note: Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget Analyst report
3) Legislative Analyst report
4) Department or Agency cover letter and/or report
5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk.

CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.

Items 1 through 8

Recommendation of the Budget and Finance Committee
Present: Supervisors Peskin, Ammiano, Dufty

1. 071433 [Public Employment - Department of Public Health] Supervisors Mirkarimi, Maxwell, Ammiano, Dufty
Ordinance amending Ordinance No. 175-07 (Annual Salary Ordinance FY 2007-2008) reflecting the addition of 12.90 positions in the Department of Public Health to support acute psychiatric beds at San Francisco General Hospital.
(Fiscal Impact.)
11/20/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee
Present: Supervisors Ammiano, Elsbernd

2. 071417 [Settlement of Lawsuit - CCSF v. Michael Levine and What Do We Do? Inc.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Michael Levine and What Do We Do? Inc. for $30,000; the lawsuit was filed on May 26, 2006 in San Francisco Superior Court, Case No. 452-470; entitled City and County of San Francisco, et al., v. Michael Levine, et al.; other material terms of said settlement are that Judgment is to be entered against Michael Levine personally in the amount of $30,000, that payment of $15,000 is to be made at the time of finalization of the settlement of this matter, that the remaining payment of $15,000 is to be in monthly installments over a period of 18 months, and if any payment is late, the entire amount is immediately due, payable and collectible. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

3. 071459 [Settlement of Lawsuit - Pacific Gas and Electric Company]
Ordinance authorizing settlement of the lawsuit filed by Pacific Gas & Electric ("PG&E") against the City and County of San Francisco for $10,000; the lawsuit entitled Pacific Gas and Electric Company v. City and County of San Francisco, et al., Case No. RG-05-246128, was filed on December 9, 2005 in Alameda County Superior Court; other material terms of said settlement are set forth in the Stipulated Judgment and Final Order of Condemnation (and exhibits thereto), contained in Board of Supervisors File No. 071459. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

4. 071513 [Settlement of City's Lawsuit Against Dynegy, Inc., Dynegy Marketing and Trade and West Coast Power LLC]
Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against defendant Sempra Energy and other companies; the lawsuit entitled City and County of San Francisco v. Sempra Energy, et al. (JCCP No. 4221-00023) was filed on June 8, 2004, and has been coordinated as Natural Gas Anti-Trust Cases I, II, III & IV in the Superior Court of the State of California for the County of San Diego (JCCP Nos. 4221, 4224, 4226, and 4228); the settlement provides approximately $480,000 to the City from defendants Dynegy, Inc. and its affiliates Dynegy Marketing and Trade and West Coast Power LLC. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 071480 [Re-Appointment - Local Homeless Coordinating Board]
Resolution re-appointing Christine Ma, M.D., for a term to be determined, to the Local Homeless Coordinating Board, residency requirement waived. (Controller)
Question: Shall this Resolution be ADOPTED?

6. 071548 [Appointment - In-Home Supportive Services Public Authority]
Hearing to consider appointing one member to the In-Home Supportive Services Public Authority.
1 seat being considered
Vacant seat, succeeding Anita Aaron, resigned, seat 7, must be a member of the Commission on the Aging, recommended to the Board by the Commission, for the unexpired portion of a three-year term ending March 1, 2009.
Question: Shall this Resolution be ADOPTED?

7. 071483 [Settlement of Grievance - Service Employees International Union, AFL-CIO, Local 790 ("Union")]
Resolution approving the settlement of the grievance (ERD No. 81-06-1465) filed by Service Employees International Union, AFL-CIO, Local 790 ("Union") on behalf of Grievant Victoria Sargent against the City and County of San Francisco for $133,751.52. Other material terms of said settlement is that Grievant and Union shall release all claims relating to Grievant's employment with the City and that Grievant shall be restricted from any future employment with the City. (City Attorney)
Question: Shall this Resolution be ADOPTED?

8. 071549 [Appointment - Western SoMa Citizens' Planning Task Force]
Resolution appointing Dennis Juarez, term ending June 30, 2008, to the Western SoMa Citizens' Planning Task Force, residency requirement waived.
Dennis Juarez (residency requirement waived), succeeding Terrance Alan, resigned, seat 10, must represent the entertainment industry, for the unexpired portion of a term ending June 30, 2008.
Question: Shall this Resolution be ADOPTED?

Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated:______________________________________________

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

9. 071574 [Adopting findings related to disapproving the Categorical Exemption issued for the 376 Eureka Street project]
Motion adopting findings related to disapproving the determination by the Planning Department that the 376 Eureka Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
11/26/2007, REFERRED to Board of Supervisors.
Question: Shall this Motion be APPROVED?

Recommendation of the Budget & Finance Committee
Present: Supervisors Peskin, Ammiano, Dufty

10. 071458 [Amendment to Contract for Electric Services]
Ordinance approving the amendment between the City and County of San Francisco and the United States, through the Department of Energy Western Area Power Administration, for the performance of duties and obligations of a Scheduling Coordinator pursuant to the California Independent System Operator Tariff and for the delivery of low cost electric power to Treasure Island and Yerba Buena Island on file with the Clerk of the Board of Supervisors in File No. 041351; and approving the City indemnifying and holding the United States harmless against claims arising from the activities of the City under the contract, and waiving the requirement of Section 21.19 of the San Francisco Administrative Code which requires that a City contract contain a statement of guaranteed maximum costs, and waiving the requirement of Section 21.35 of the San Francisco Administrative Code which requires that every contract contain a statement regarding liability of claimants for submitting false claims. (Public Utilities Commission)
(Fiscal Impact.)
11/20/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Elsbernd, Alioto-Pier, Daly

11. 071541 [Appropriating $8,890,628, of additional Proposition 1B State Funds revenue for street resurfacing projects in the Department of Public Works for Fiscal Year 2007-2008] Mayor
Ordinance appropriating $8,890,628 of additional Proposition 1B State Funds for street resurfacing projects in the Department of Public Works for Fiscal Year 2007-2008. The department will use the accelerated appropriations of bond funds from the state to fund projects for which design money has already been appropriated and were included in the City's FY 2008-09 capital program.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Maxwell, McGoldrick

12. 071215 [Initiate the designation of the Metro Theater, 2055 Union Street as a Landmark] Supervisor Alioto-Pier
Resolution initiating designation of the Metro Theater, 2055 Union Street, located on the south side of Union Street, encompassing all of Lot 018 in Block 541, as a Landmark pursuant to Section 1004.1 of the San Francisco Planning Code.
Question: Shall this Resolution be ADOPTED?

13. 071303 [CalHome Application] Mayor
Resolution authorizing the Mayor's Office of Housing to accept and expend $1,000,000 from the California Department of Housing and Community Development and to execute any related documents necessary to participate in the CalHome Program.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee
Present: Supervisors Ammiano, Elsbernd

14. 071535 [Appointment - Urban Counties Caucus] Supervisor Peskin
Resolution appointing Supervisor Carmen Chu, term ending December 31, 2008 to the Urban Counties Caucus.
Question: Shall this Resolution be ADOPTED?

15. 071546 [Appointment - California State Association of Counties]
Resolution appointing Supervisor Carmen Chu, term ending November 28, 2008, as an alternate member to the California State Association of Counties Board of Directors.
Question: Shall this Resolution be ADOPTED?

16. 071547 [Appointment - California State Association of Counties]
Resolution appointing Supervisor Jake McGoldrick, term ending November 28, 2008, to the California State Association of Counties Board of Directors.
Question: Shall this Resolution be ADOPTED?

From the Rules Committee Without Recommendation

17. 071538 [Imposing a suppression order upon the Board of Supervisors] Supervisor Sandoval
Motion self-imposing a suppression order upon members of the Board of Supervisors and its staff after the Ethics Commission has forwarded to the Board a recommendation in the official misconduct proceedings against Supervisor Edmund Jew.
Question: Shall this Motion be APPROVED?

Board of Supervisors Sitting as a Committee of the Whole

18. 071488 [Public hearing relating to consideration and possible selection for outside Legal Counsel to advise and represent the Board of Supervisors in the official misconduct proceedings against Supervisor Edmund Jew]
Hearing to allow applicants to present their qualifications and allow members of the public to comment on applications submitted for providing services to the Board of Supervisors for the official misconduct proceedings against Supervisor Edmund Jew; possible selection by the Board of Supervisors, from one of the following two applicants, for outside Legal Counsel for said official misconduct proceedings.

(NOTE: The Board may move to select one of the following applicants for Outside Legal Counsel for the official misconduct proceedings.)
Garcia Calderon Ruiz, LLP
Robert Weisberg, Professor of Law
11/6/2007, CONTINUED. Continued to November 20, 2007
11/20/2007, CONTINUED. Continued to December 4, 2007.
Action:___________________________

Board of Supervisors Sitting as a Committee of the Whole
(Pending approval of File No. 071599)

19. 071588 [Hearing at the Full Board on the response to the November 7, 2007 oil spill in the San Francisco Bay] Supervisor Alioto-Pier
Hearing to examine the response of the various agencies involved in the response to the oil spill, including the Coast Guard and the Golden Gate National Recreation area, and their coordination with City agencies, including the Department of Emergency Management. The hearing will further examine how response decisions were made and communicated to the relevant parties.
Action:___________________________

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

20. 071218 [Charter Amendment - San Francisco Affordable Housing Fund and Public Accountability] Supervisors Daly, Ammiano, Mirkarimi
Charter amendment (Second Draft) to add Section 16.127 to: establish a baseline appropriation and set aside the equivalent of the available annual tax of two and one-half cents ($0.025) on each one hundred dollars ($100) of assessed property tax valuation for the next fifteen (15) years to support affordable housing programs; require the Mayor's Office of Housing, in cooperation with the Department of Public Health and Department of Human Services, to prepare an affordable housing plan every three (3) years and an annual affordable housing budget; affirm City policy urging the Redevelopment Agency to use at least fifty percent (50%) of its tax increment funds for low and moderate income housing; and set an expiration date of July 1, 2024.
11/6/2007, SUBSTITUTED. Supervisor Daly submitted a substitute Charter Amendment bearing new title. (Referred to Departments)
11/20/2007, CONTINUED AS AMENDED. Continued as amended to December 4, 2007 with the Board Sitting as Committee of the Whole at 3:00 p.m.
Question: Shall this Charter Amendment be SUBMITTED?

SPECIAL ORDER 3:30 P.M - Recognition of Commendations

SPECIAL ORDER 4:00 P.M.
APPEAL PROCEDURES

Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm:

1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order
of those closest to deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by
the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning
at 4pm.
5. Appeals involving participants who have ADA considerations may be set for specific times
beginning at 4pm.

21. 071265 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 2721 Pierce Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated April 19, 2007, Case No. 2006.1415D, (Building Permit Application No. 2006.07.03.5586) is exempt from environmental review under Categorical Exemption, [State CEQA Guidelines, Section 15301 Class 1]. The proposal consists of adding two windows on the facade, removing a rear sun porch and adding a two-story rear addition at 2721 Pierce Street, Lot 006 in Assessor's Block 0560. (Appellants: Susan Brandt-Hawley on behalf of Judge Carlos Bea and Louise Bea)
(Filed August 31, 2007; Companion Files to 071266, 071267, 071268; District 2.)
10/2/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to November 13, 2007
11/13/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to December 4, 2007
Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Categorical Exemption from Environmental Review described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

(Only one of the following two motions should be approved.)

22. 071266 [Affirming the Categorical Exemption issued for 2721 Pierce Street]
Motion affirming the determination by the Planning Department that the 2721 Pierce Street Project is categorically exempt from environmental review under the California Environmental Quality Act.
10/2/2007, CONTINUED. Continued to November 13, 2007
11/13/2007, CONTINUED. Continued to December 4, 2007
Question: Shall this Motion be APPROVED?

23. 071267 [Disapproving the Categorical Exemption issued for 2721 Pierce Street]
Motion disapproving the determination by the Planning Department that the 2721 Pierce Street project is categorically exempt from environmental review under the California Environmental Quality Act.
10/2/2007, CONTINUED. Continued to November 13, 2007
11/13/2007, CONTINUED. Continued to December 4, 2007
Question: Shall this Motion be APPROVED?

24. 071268 [Preparation of findings related to the 2721 Pierce Street Project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 2721 Pierce Street is exempt from environmental review under the California Environmental Quality Act.
10/2/2007, CONTINUED. Continued to November 13, 2007
11/13/2007, CONTINUED. Continued to December 4, 2007
Question: Shall this Motion be APPROVED?

SPECIAL ORDER 4:00 P.M.

25. 070910 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 3424 Jackson Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated May 31, 2007 (Case No. 2005.1134E), exempting from environmental review under Categorical Exemption Class 1, [State Guidelines, Section 15301(e)(1)]. The proposal would construct an addition of approximately 780 square feet (sq ft) of new space, room repartitions, removal of a rear fire escape, and addition of a new rear egress staircase and three decks to a 6,510-sq ft, 35-foot-high, four-story, single-family dwelling constructed circa 1921. The proposed alterations would result in a building approximately 7,289 sq ft and 35 feet high with enlarged ground, first, second, and third floors to the rear (about 487 sq ft of additional space), and enlarged fourth floor toward the front of the building (an expansion of 292 sq ft). The site is a rectangular 4,469-sq ft parcel (Assessor's Block 0971; Lot 003B). The project site, located in the Presidio Heights neighborhood is zoned RH-1 (Residential, House - One Family) and is within a 40-X height and bulk district.
(Appellant: Howard N. Ellman on behalf of Mr. and Mrs. Karkar)
(Filed June 14, 2007; companion measure to 070911, 070912, 070913; District 2.)
7/24/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board Members. Continued to September 18, 2007
9/18/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to October 2, 2007
10/2/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to October 30, 2007.
10/30/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to November 13, 2007
11/13/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to December 4, 2007
Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Categorical Exemption from Environmental Review described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

(Only one of the following two motions should be approved.)

26. 070911 [Affirming the Categorical Exemption issued for the 3424 Jackson Street project]
Motion affirming the determination by the Planning Department that the 3424 Jackson Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
7/24/2007, CONTINUED. Continued to September 18, 2007
9/18/2007, CONTINUED. Continued to October 2, 2007
10/2/2007, CONTINUED. Continued to October 30, 2007
10/30/2007, CONTINUED. Continued to November 13, 2007
11/13/2007, CONTINUED. Continued to December 4, 2007
Question: Shall this Motion be APPROVED?

27. 070912 [Disapproving the Categorical Exemption issued for the 3424 Jackson Street project]
Motion disapproving the determination by the Planning Department that the 3424 Jackson Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
7/24/2007, CONTINUED. Continued to September 18, 2007
9/18/2007, CONTINUED. Continued to October 2, 2007
10/2/2007, CONTINUED. Continued to October 30, 2007
10/30/2007, CONTINUED. Continued to November 13, 2007
11/13/2007, CONTINUED. Continued to December 4, 2007
Question: Shall this Motion be APPROVED?

28. 070913 [Preparation of findings related to the 3424 Jackson Street project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 3424 Jackson Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
7/24/2007, CONTINUED. Continued to September 18, 2007
9/18/2007, CONTINUED. Continued to October 2, 2007
10/2/2007, CONTINUED. Continued to October 30, 2007
10/30/2007, CONTINUED. Continued to November 13, 2007
11/13/2007, CONTINUED. Continued to December 4, 2007
Question: Shall this Motion be APPROVED?

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following items will be considered by the Public Safety Committee at a rescheduled meeting on Monday, December 3, 2007 at 10:00 a.m. The chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, December 4, 2007.

29. 071523 [Accept-Expend Federal Pass Through Grant - Department of Emergency Management, Division of Emergency Services] Supervisor Elsbernd
Resolution authorizing the Department of Emergency Management, Division of Emergency Services, to accept and expend a Federal pass through grant in the amount of $1,723,887 from the Governor's Office of Homeland Security for three grant programs: the State Homeland Security Program (SHSP), the Law Enforcement Terrorism Prevention Program (LETPP), and the Metropolitan Medical Response System (MMRS).
Question: Shall this Resolution be ADOPTED?

30. 071597 [Accept and Expend FY 07 Community Oriented Policing Services Grant and Amend Annual Salary Ordinance, FY 2007-2008] Supervisor Elsbernd
Ordinance authorizing the Department of Emergency Management, as fiscal agent for multiple local jurisdictions, to retroactively accept and expend a Community Oriented Policing Services (COPS) grant in the amount of $5,733,986 from the United States Department of Justice and to provide $406,002 as San Francisco's portion of required matching funds; and amending Ordinance No. 175-07 (Annual Salary Ordinance, FY 2007-2008) to reflect the addition of one position (0.75 FTE) IS Project Director in the Department of Emergency Management (ECD).
Question: Shall this Ordinance be PASSED ON FIRST READING?

The following item will be considered by the Land Use & Economic Development Committee on Monday, December 3, 2007 at 1:00 p.m. The chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, December 4, 2007.

31. 070678 [Planning - institutional master plan review for medical institutions] Supervisors Maxwell, Ammiano, Alioto-Pier, Sandoval, McGoldrick
Ordinance amending Planning Code Section 304.5, Institutional Master Plans, to require a qualified health planner retained by the Department of Public Health to analyze the relationship between the City's long-term health care needs and facility planning for medical institutions as part of the Institutional Master Plan and revisions process; clarifying and updating the Institutional Master Plan process through minor changes to generally applicable institutional master plan requirements, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.
Question: Shall this Ordinance be PASSED ON FIRST READING?

32. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

33. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting.

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST
These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

34. 071587 [Legislative Analyst Report - J Power USA] Supervisor Alioto-Pier
Motion requesting the Legislative Analyst research on J Power USA and its parent company, J Power.
Question: Shall this Motion be APPROVED?

Items 35 through 44

FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee.

35. 071599 [Committee of the Whole - December 4, 2007 regarding the November 7, 2007 Oil Spill] Supervisor Alioto-Pier
Motion scheduling the Board to sit as a Committee of the Whole to review the City's response to the oil spill, to be held on December 4, 2007.
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

36. 071600 [Commending the Neighborhood Emergency Response Team (NERT) Training Program] Supervisors Chu, Alioto-Pier, Dufty
Resolution commending the San Francisco Neighborhood Emergency Response Team (NERT) Training Program for their efforts in the Cosco Busan oil spill clean-up.
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 071601 [Commending the Red Cross, Bay Area Chapter] Supervisors Chu, Alioto-Pier, Dufty
Resolution commending the Red Cross, Bay Area Chapter for their efforts in the Cosco Busan oil spill clean-up.
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 071602 [Commending SF Connect] Supervisors Chu, Alioto-Pier, Dufty
Resolution commending SF Connect for their efforts in the Cosco Busan oil spill clean-up.
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 071603 [Commending The Volunteer Center] Supervisors Chu, Alioto-Pier, Dufty
Resolution commending the Volunteer Center for their efforts in the Cosco Busan oil spill clean-up.
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 071604 [Biodiesel Filling Station Permitting, Policies and Creation Extension of Biodiesel Access Taskforce] Supervisor McGoldrick
Resolution extending the Biodiesel Access Taskforce to continue developing and recommending to the appropriate City departments, including the Board of Supervisors and Mayor, a permitting process for biodiesel filling stations and incentives for such stations to be located in the City; urging the San Francisco Unified School District to pursue the use of biodiesel blends in school buses; establishing a City policy to request biodiesel usage in City contracts involving diesel fleets.
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 071605 [Urging the Department of Public Works to immediately assemble a working group to develop a "Citizens How To Kit" assisting citizens in determining their options to help underground their Supervisors Dufty, Alioto-Pier
Resolution urging the Department of Public Works to immediately assemble a working group to develop a  Citizens How To Underground Kit providing citizens with advice and information on their options to help underground their neighborhood.
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 071606 [2008 Board of Supervisors Meeting Schedule]
Motion revising the regular meeting schedule of the Board of Supervisors by canceling the January 22, 2008, February 19, 2008, May 27, 2008, July 1, 2008, September 30, 2008, October 14, 2008, November 11, 2008, December 2, 2008, December 23, 2008 and December 30, 2008 meetings and by canceling all Board and Committee meetings from August 13 through September 2, 2008. (Clerk of the Board)
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

43. 071492 [Final Map - 2443 - 2445 Clement Street]
Motion approving Final Map 4495, a 9 Residential Unit and 1 Commercial Unit Mixed-Use Condominium Project, located at 2443 – 2445 Clement Street being a subdivision of Lot 050 in Assessors Block No. 1457 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 177,223; District 1)
11/15/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

44. 071498 [Final Map - 84 Vandewater Street]
Motion approving Final Map 4276, a 5 Unit Residential Condominium Project, located at 84 Vandewater Street being a subdivision of Lot 023 in Assessors Block No. 0041 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 177,262; District 3)
11/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

45. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES
Proposed ordinance received from November 10, 2007 through November 26, 2007 for reference by President to the appropriate committee on December 4, 2007.

071575 [Settlement of Lawsuit - Trustees of The J. David Gladstone Institutes, et al., v. CCSF]
Ordinance authorizing settlement of the lawsuit filed by Trustees of The J. David Gladstone Institutes against the City and County of San Francisco for the payment of $420,000 to the City and County of San Francisco; the lawsuit was filed on February 13, 2007 in San Francisco Superior Court, Case No. 460-409; entitled Trustees of The J. David Gladstone Institutes, et al., v. City and County of San Francisco, et al; other material terms of the settlement are that the Lease will be amended to terminate The J. David Gladstone Institutes as a tenant of San Francisco General Hospital Building 40. (City Attorney)
11/16/2007, RECEIVED AND ASSIGNED to Rules Committee.

071613 [Petitions and Communications]

Petitions and Communications received from November 10, 2007 through November 26, 2007 for reference by the President to December 4, 2007 (Part 1)

From Municipal Transportation Agency, submitting 2007 Annual Report which includes FY 07 Goals, FY 07 Service Standards, Short Range Transit Plan, and FY 07 Budget. (1)

From Clerk of the Board, informing the Board that Shauna Johnson, Legislative Analyst has submitted Form 700 Statement of Economic Interests. (2)

From San Francisco International Airport, submitting Waiver Request for San Francisco International Airport (SFO) Travelers-Aid Luncheon. (3)

From The Victorian Alliance, submitting support for the Landmarking of 900 Innes Avenue. (4)

From The Office of Citizen Complaints, submitting statistical report for the third quarter of 2007. Copies: Each Supervisor (5)

From Office of the Controller – City Services Auditor, submitting Survey of San Francisco Park Users Spring 2007. (6)

From San Francisco Unified School District, submitting Williams Annual Report, November 2007. Copies: Each Supervisors (7)

From Taxicab Paratransit Association of California, submitting support for the proposed ordinance authorizing an increase in the Taxi Gate Cap. File No. 071371 (8)

From Treasury Oversight Committee, submitting report that the Treasury Oversight Committee has held two of four scheduled meeting during the 2007 calendar year. (9)

From Citizens General Obligation Bond Oversight Committee, submitting report that the Citizens' General Obligation Bond Oversight Committee will have held three of four scheduled meetings during the 2007 calendar year. (10)

From Office of the Treasurer, submitting report of investment activity (for fiscal year to date) of the portfolios under Treasurer's management. (11)

From Public Utilities Commission, submitting response regarding month to month leases. (Reference 20071016-021). (12)

From Director of Real Estate, submitting response regarding month to month leases. (Reference 20071016-021). (13)

From Fish and Game Commission, submitting a copy of a continuation notice of proposed regulatory action relative to sections 353 and 475, Title 14, California Code of Regulations, regarding methods authorized for taking big game and methods of take for nongame birds and nongame mammals. (14)

From Department of Public Health, submitting a report on items appropriated where the rate of expenditure during that quarter for that item on an annualized basis would exceed the total appropriation for the fiscal year. (15)

From Office of the Controller, submitting an interim report on the foot patrol pilot program evaluation. (16)

From Juvenile Probation Department, submitting response regarding month to month leases. (Reference 20071016-021). Copy: Supervisor Elsbernd (17)

From Department of Building Inspection, submitting response regarding month to month leases. (Reference 20071016-021). (18)

From Department of Child Support Services, submitting response regarding month to month leases. (Reference 20071016-021). (19)

From Adult Probation Department, submitting response regarding month to month leases. (Reference 20071016-021). (20)

From Department of Public Works, submitting response regarding month to month leases. (Reference 20071016-021). Copy: Supervisor Elsbernd (21)

From Clerk of the Board, providing copies of letters which were sent to the State Attorney General's Office and the California League of Cities requesting assistance in providing outside counsel to the Board. (Reference 20071106-008) (22)

From Office of the Treasurer/Tax Collector, submitting the Cash difference and Overage Fund balance and activities reported to their office for the month of October 2007. (23)

From Retirement System, submitting response regarding month to month leases. (Reference 20071016-021). (24)

From Cynthia Hutchinson, submitting Thank You for the ban on plastic bags. (25)

From Congressman Wexler, regarding  Impeaching Richard B. Cheney, Vice President of the United States, for high crimes and misdemeanors. (26)

From Will McCoy, regarding animal testing at UCSF. (27)

From Planning Department, submitting response regarding coordination between the Planning Department and the Department of Building Inspection to implement the proposed Fringe Financial Services legislation. (Reference 20071016-040). (28)

From Immigration Reform Law Institute, submitting written comments for November 20th hearing regarding ordinance adding Section 95.2 to SF Administrative Code (Authorizing County Clerk to Issue Municipal ID Cards). File No. 071333 (29)

From Sandy Kappelmann, submitting a copy of letter sent to Municipal Transportation Agency regarding erroneously issued tickets. (30)

From Rami Nagel, expressing concerns regarding the aerial spraying program for the Light Brown Apple Moth. (31)

From Lee Doolan, regarding energy independence for San Francisco. (32)

From Eula Walters, regarding 8 Washington Street Project and desired parking facility on corner of Washington and The Embarcadero. Copies: Each Supervisor (33)

From Thomas Law, regarding San Francisco being an sanctuary city. (34)

From Shirley Dang, regarding the delay in the repaving work on Noriega west of 33-34 Avenue. Copy: Supervisor Chu (35)

From Jeff Cohen, regarding problems with the Outbound 52 Excelsior bus. Copy: Mayor (36)

From Henri Belli, concerning the manufacturing of the main portion of the SF Bay Bridge being done in China. (37)

From Scott Ludwig, supporting the EarthLink agreement that will provide San Francisco with free wireless Internet. (38)

From Athan Rebelos, complimenting SFPD on their enforcement of the Hyatt Regency's taxicab zone and loitering limo/town cars. (39)

From Albert R. Ujcic, concerning building addition to property. Copy: Each Supervisor (40)

From Jimmy Lembcke, regarding the dangers involved in graffiti removal. (41)

From Paul Nisbett, concerning a raise for the Muni Chief. (42)

From Ivan Pratt, regarding the alleged signing away of Civil Rights to privacy in the HUD programs. (43)

From Rick Flynn, submitting suggestions to help curb youth violence in San Francisco. (44)

From Richard Skaff, submitting a copy of letter sent to Acting Chief Building Inspector regarding destination based elevator system. (45)

From Redevelopment Agency, submitting its financial and performance reports for fiscal year 2006/07 and for the fiscal year ended June 30, 2007. (46)

From concerned citizens, submitting support for the appeal of the certificate of exemption from environmental review for 376 Eureka St. File No. 071319. Received 10 Letters. (47)

From Arnie Lerner, submitting opposition for the appeal of the certificate of exemption from environmental review for 376 Eureka St. File No. 071319. (48)

From concerned citizens, submitting support for proposed ordinance prohibiting illegal camping, cooking, and residing in our parks. File No. 071136, Received 11 Letters. (49)

From concerned citizens, submitting opposition to proposed ordinance to issue Municipal Identification Cards in the City. File No. 071333, Received 20 Letters. (50)

From Neil O'Donnell, submitting support for agreement between the City and County of San Francisco and S & S Trucking for hauling biosolids and grit. File No. 071386, Copies: Each Supervisor. (51)

From Parkmerced Residents' Organization, submitting concerns about the proposed impacts to the area of Parmerced and its surrounding environment(s) by the SFSU Masterplan outlined in the CEQA documents. Copies: Each Supervisor (52)

From Mirna Escobar, regarding alleged neglect and discrimination practices by the San Francisco Housing Authority. Received 6 Letters (53)

From Ahimsa Sumchai, regarding alleged missing and delayed voter handbooks for the November 6, 2007 General Municipal Election in San Francisco. (54)

From Joseph A. Mott, regarding the use of Titanium Dioxide Paint and Paving Materials. (55)

From concerned citizen, regarding the placement of the boundary signs at the junction of Lake Merced Blvd. and John Muir Drive. Copies: Each Supervisor (56)

From Christian Holmer, regarding immediate disclosure request from various City departments. Received 2 Letters (57)

From Department of Public Works, responding to Board's request regarding checking active projects on City street for compliance with the Excavation Code, Section 8.1, paragraph C. referencing non-skid coating for steel plates. (58)

071615 [Petitions and Communications]
Petitions and Communications received from November 10, 2007 through November 26, 2007 for reference by the President to December 4, 2007 (Part 2)

From Poonam Whabi, expressing concerns regarding PG&E's representation at the Greenfest as a Corporate Sponsor. (59)

From concerned citizens, expressing concerns regarding the recent oil spill in our Bay. Received 5 Letters. (60)

From Francisco Da Costa, regarding the California Air Resources Board and its alleged lack of a moral compass. (61)

From Francisco Da Costa, regarding Arc Ecology concerns about the health of Bayview Hunter's Point people. (62)

From Francisco Da Costa, regarding alleged dust all over the place at Executive Park on Thursday, November 8, 2007. (63)

From Brandt-Hawley Law Group, submitting copy of letter sent to Board of Appeals regarding Case No. 2006.1415D, Building Permit 2006.07.03.5586 – 2721 Pierce St. File No. 071265, Copies: Each Supervisor. (64)

From Gladstone & Associates, submitting a request for continuance regarding Appeal of Categorical Exemption for 2727 Pierce St. File No. 071265, Copies: Each Supervisors. (65)

From Mental Health Board, responding to Board's inquiry regarding the Mental Health Board's involvement with Veteran's issues. (Reference No. 20071113-003) (66)

From Aliza Wasserman, regarding the San Francisco contingent of last week's national day of climate action  Step It Up . (67)

From Coalition for San Francisco Neighborhoods, regarding the Issuance and Sale of Tax-Exempt Bond – San Francisco Planning and Urban Research Association. File No. 071533, Copies: Each Supervisor. (68)

From concerned citizen, submitting suggestions for road closures in Golden Gate Park. Copies: Each Supervisor (69)

ADJOURNMENT

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.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
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.
Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
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
Last updated: 11/19/2013 8:16:14 AM