Board of Supervisors : February 5, 2008

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, February 5, 2008
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 January 8, 2008 and January 15, 2008 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 14

	Recommendations of the City Operations and Neighborhood Services Committee
		Present: Supervisors McGoldrick, Alioto-Pier, Chu

1.	071607	[Trans Fat Free Program Ordinance]	Supervisors Maxwell, Peskin, Ammiano, Alioto-Pier, McGoldrick
		Ordinance amending the San Francisco Health Code by adding Article 37, Sections 3701 through 3711, to: (1) encourage restaurants located in the City and County of San Francisco to discontinue the use of artificial trans fat in food served to customers by creating an incentive program, and (2) provide regulations for the voluntary trans fat free program.


		1/29/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	071512	[Juvenile Probation & Camps Funding Program Agreement-Juvenile Probation Department]	Supervisor Dufty
		Resolution authorizing the Juvenile Probation Department to participate in the Juvenile Probation & Camps Funding Program used to pay for direct services to children.



		Question: Shall this Resolution be ADOPTED?

3.	080037	[Grant to support vocational services to mentally ill individuals]	Supervisor Alioto-Pier
		Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services to accept and expend retroactively a grant from the California Department of Rehabilitation in the total amount of $3,310,497, with a cooperative CBHS match of $895,980, for a budget total of $4,206,477, to provide vocational rehabilitation services to clients through a cooperative contract agreement for the period of July 1, 2007 through June 30, 2010, waiving indirect costs.



		Question: Shall this Resolution be ADOPTED?

4.	080038	[Funding modification to support HIV vaccine and prevention research]	Supervisor Alioto-Pier
		Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a subcontract modification from the Public Health Foundation Enterprises, Inc. (PHFE) to support the research of the San Francisco Vaccine and Prevention Unit (SFVPU) in the amount of $325,239; for the period of January 1, 2007 through December 31, 2007.



		Question: Shall this Resolution be ADOPTED?

5.	080044	[Grant funding for a drug court in the San Francisco Dependency Court]	Supervisor Chu
		Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend a grant increase in the amount of $287,177, with a local general fund match of $28,718, for a budget total of $315,895, from the California Department of Alcohol and Drug Programs' (DADP) Comprehensive Drug Court Implementation (CDCI) to provide funding for a drug court in the San Francisco Dependency Court; for the period of July 1, 2007 through June 30, 2008.



		Question: Shall this Resolution be ADOPTED?

6.	080045	[Grant funds to improve and expand substance abuse treatment services]	Supervisor Chu
		Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend a grant from the California Department of Alcohol and Drug Programs' (DADP) Comprehensive Drug Court Implementation (CDCI) in the total amount of $713,132, with a local general fund match of $142,627, for a budget total of $855,759 to improve and expand substance abuse treatment services for adult felon drug court clients; for the period of January 1, 2007 through December 31, 2008.



		Question: Shall this Resolution be ADOPTED?

7.	080046	[Accept and Expend CALFED Water Use Efficiency Grant Funds]	Supervisor Chu
		Resolution authorizing the San Francisco Public Utilities Commission to retroactively accept and expend a CALFED Water Use Efficiency Grant in the amount of $200,000 through the United States Bureau of Reclamation.



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Land Use and Economic Development Committee
		Present: Supervisors Maxwell, Sandoval

8.	071581	[Changing the official sidewalk width - Townsend Street]
		Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1576 to change the official sidewalk width on the northerly side of Townsend Street between 6th and 7th Streets; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1 and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department)

		(DPW Order No. 177,191)
		1/29/2008, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Public Safety

		Present: Supervisors Mirkarimi, Maxwell, Chu

9.	080049	[Accept and Expend FY 07 Urban Areas Security Initiative Grant and Amend Annual Salary Ordinance, FY 2007-2008]	Supervisor Elsbernd
		Ordinance authorizing the Department of Emergency Management, on behalf of the City and County San Francisco as the primary grantee for the combined Bay Area Urban Area ("Super UASI" or "SUASI") region and as the fiscal agent for the SUASI Approval Authority, to retroactively accept and expend an Urban Areas Security Initiative ("UASI") grant in the amount of $27,304,000 from the United States Department of Homeland Security, through the California Governor's Office of Homeland Security; amending Ordinance No. 175-07 (Annual Salary Ordinance, FY 2007-2008) to reflect the extension of eight grant-funded positions at the following Departments: Emergency Management; Police; Fire; Health; and Sheriff; and amending Ordinance No. 175-07 (Annual Salary Ordinance, FY 2007-2008) to reflect the addition of six grant-funded positions at the Department of Emergency Management.


		1/29/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

		Present: Supervisors Mirkarimi, Chu

10.	080050	[Accept-Expend Federal Grant - Mayor's Office of Criminal Justice]	Supervisor Elsbernd
		Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to accept and expend a grant in the amount of $139,366 from the California Governor's Office of Emergency Services (OES) Anti-Drug Abuse Enforcement Program (ADA) for the purpose of reducing drug related crime through a coordinated approach.



		Question: Shall this Resolution be ADOPTED?

11.	080059	[Accept-Expend Federal Grant - Airport Commission]	Supervisor Elsbernd
		Resolution authorizing the Airport Commission to enter into an Other Transaction Agreement (OTA) with the Department of Homeland Security/Transportation Security Administration (TSA) to accept and expend federal funds for the installation of in-line explosive detection baggage system improvements in Terminal One of the San Francisco International Airport for an approximate amount of 75% of the project cost, not to exceed $2,300,000.



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee
		Present: Supervisors Ammiano, Elsbernd, Peskin

12.	080002	[Settlement of Lawsuit - Daniel Worrell]
		Ordinance authorizing settlement of the lawsuit filed by Daniel Worrell against the City and County of San Francisco for $585,000; the lawsuit was filed on August 25, 2006 in San Francisco Superior, Case No. 455-569; entitled Daniel Worrell v. City and County of San Francisco, et al. (City Attorney)


		1/29/2008, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

13.	080015	[Settlement of Lawsuit - Francis Kelly et al.]
		Ordinance authorizing the settlement of a lawsuit filed by Francis Kelly et al., acting for themselves and others similarly situated, against the City and County of San Francisco for $755,000.00 plus accrued interest; the lawsuit was filed on February 25, 2005, in the United States District Court for the Northern District, Case No. C05-1287, entitled Francis Kelly, et al., v. City and County of San Francisco, et al. (City Attorney)


		1/29/2008, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

14.	080027	[Appointment - Commission on the Aging Advisory Council]
		Motion appointing Patricia Webb, term ending March 31, 2009, to the Commission on the Aging Advisory Council.

		Patricia Webb, succeeding Jim Dorenkott, term expired, seat 10, must be a nominee of District 5 Supervisor, for the unexpired portion of a two-year term ending March 31, 2009.

		Question: Shall this Motion be APPROVED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

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

15.	071593	[Agreement with King Security Services Inc. for Armed and Unarmed Security Guard Services]	Supervisor Elsbernd
		Resolution authorizing a three year agreement, with option to renew for up to an additional two years, with King Security Services, Inc. for an amount not to exceed $17,100,000.

		(Supervisor Daly dissented in Committee.) (Fiscal Impact.)
		12/11/2007, CONTINUED. Continued to January 8, 2008

		1/8/2008, CONTINUED. Continued to February 5, 2008


		Question: Shall this Resolution be ADOPTED?

	From the Rules Committee With Recommendation "Do Submit"
		Present: Supervisors Ammiano, Elsbernd, Peskin

16.	071664	[Charter Amendment - Retired employees convicted of crimes involving moral turpitude in connection with their employment to forfeit any right to pension benefits funded from employer contributions]	Supervisor Elsbernd
		Charter Amendment (First Draft) to amend Sections A8.584-9, A8.586-12, A8.587-9, A8.588-12, A8.597-12 and A8.598-12, and by adding Sections A8.584-13, A8.586-16, A8.587-14, A8.588-16, A8.597-16 and A8.598-16 to reaffirm the voters' intent that members convicted of a crime involving moral turpitude in connection with their duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County of San Francisco, shall forfeit any right to a retirement benefit funded, in whole or in part, from contributions by the City and County, the school district, or the college district.


		1/29/2008, CONTINUED. Continued to February 5, 2008


		Question: Shall this Charter Amendment be SUBMITTED?

NEW BUSINESS

	Recommendations of the Budget and Finance Committee

		Present: Supervisors Peskin, Ammiano, Dufty

17.	080051	[Emergency contract to design and install permanent high voltage electrical distribution system at San Francisco General Hospital]
		Resolution approving an emergency public work contract under San Francisco Administrative Code section 6.60, to install a new, permanent high voltage electrical distribution system at San Francisco General Hospital. (Public Works Department)

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

18.	080052	[Airport Lease and Operating Agreement]
		Resolution approving the exercise of the second of five one-year options to extend the term of Smarte Carte, Inc.'s Luggage Cart Lease and Operating Agreement No. 01-0343. (Airport Commission)

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

19.	080056	[Approving a modified term in excess of ten years for Consultant Contract ENEN99000032-01 with TRC-Imbsen & Associates, for services related to the Fourth Street Bridge]
		Resolution approving a modified term in excess of ten years for Consultant Contract ENEN99000032-01with TRC-Imbsen for design professional services related to the Fourth Street Bridge Seismic Retrofit and Rehabilitation project, under Charter Section 9.118(b). (Public Works Department)



		Question: Shall this Resolution be ADOPTED?

		Present: Supervisors Ammiano, Dufty

20.	080123	[Settlement of lawsuit and appropriating a portion of the proceeds]
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, against Election Systems and Software, Inc., on November 20, 2007 in San Francisco Superior Court, Case No. CGC 07-469371, entitled City and County of San Francisco, et al. v. Election Systems & Software, Inc, and appropriating $1,130,000.00 of the proceeds to the Department of Elections. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

21.	080124	[Department of Elections amendment to current voting systems contract with Sequoia Voting Systems, Inc.]
		Resolution approving an amendment to the existing contract between the City and County of San Francisco, through its Department of Elections, and Sequoia Voting Systems, Inc., to pay Sequoia $1,130,000 rather than transfer to Sequoia the City's AutoMARK ballot marking devices, in connection with a settlement of litigation by the City against Elections System & Software involving those devices. (Elections Department)



		Question: Shall this Resolution be ADOPTED?

	From the Budget and Finance Committee Without Recommendation
		Present: Supervisors Peskin, Ammiano, Dufty

22.	071526	[Public Employment - Entertainment Commission]	Supervisors Dufty, Alioto-Pier
		Ordinance amending Ordinance No. 175-07 (Annual Salary Ordinance FY 2007-2008) to reflect the addition of one position (.33 FTE) Class 0923 - Manager II in the Entertainment Commission for the Office of Special Events.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

23.	080092	[De-appropriating $45,612 from Economic and Workforce Development and Appropriating $45,612 for Special Events Promotion in the Entertainment Commission for Fiscal Year 2007-2008]	Supervisor Dufty
		Ordinance de-appropriating $45,612 of Community Based Organization Services from the Department of Economic and Workforce Development, and appropriating $45,612 for one 0923 Manager II position (0.33 FTE) for special events promotion in the Entertainment Commission for Fiscal Year 2007-2008.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendation of the Public Safety Committee
		Present: Supervisors Mirkarimi, Maxwell, Chu

24.	080058	[Renew Joint Power and Revolving Fund Contract with the State]	Supervisor Elsbernd
		Resolution authorizing the Department of the District Attorney to enter into a Joint Power and Revolving Fund Contract with the California Victim Compensation and Government Claims Board to: (1) contract for, accept and expend up to $1,356,678 allocated from the California Victim Compensation and Government Claims Board for the assistance of victims and witnesses of crime for the period of July 1, 2007 through June 30, 2009; and (2) renew its current agreement with the California Victim Compensation and Government Claims Board, an agent of the State of California, for a revolving loan fund in the amount of $75,000 to be used to pay for verified funeral/burial expenses and emergency relocation for victims of domestic violence and sexual assault for an additional two years from July 1, 2007 through June 30, 2009.



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Rules Committee
		Present: Supervisors Ammiano, Elsbernd, Peskin

25.	071668	[Reauthorization of Food Security Task Force]	Supervisor Maxwell
		Ordinance amending the San Francisco Health Code by amending Sections 470.1 and 470.2, to extend the sunset provisions of the Food Security Task Force to January 31, 2009, and change the organizations from which members must be appointed.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	From the Rules Committee Without Recommendation
		Present: Supervisors Ammiano, Elsbernd, Peskin (Pursuant to the provisions of Rule 2.28.7 of the Board's Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from committee and any Board order of submission to the electorate. In accordance therewith consideration of the following proposed Charter amendment appropriately may be continued at least one week.)

26.	071471	[Charter Amendment - Minimum qualifications for members of City bodies that oversee and administer election, campaign finance, lobbying, conflict of interest, open meeting and public records laws]	Supervisor Alioto-Pier
		Charter Amendment (First Draft) to add Section 15.104 to create minimum qualifications for members of City bodies that oversee and administer election, campaign finance, lobbying, conflict of interest, open meeting and public records laws.



		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.

27.	080010	[Public Hearing - Appeal of Determination of Exemption from Environmental Review for 652 Duncan Street]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated April 19, 2007 that a project at 652 Duncan Street (Building Permit Application No. 2005.12.23.0995, Case No. 2006.0665D) is exempt from environmental review under the California Environmental Quality Act (CEQA). The proposed project is a horizontal addition of two bedrooms and bathroom on a first floor and a dining room on a second floor, a vertical addition of a bedroom and bath, renovation of a kitchen and seismic improvements to a single-family dwelling, located in a RH-1 (Residential House, One-Family) District and a 40-X Height and Bulk District (Assessor's Block 6589, Lot 002J). (Appellant: Stephen M. Williams)

		(Filed December 7, 2007; companion measure to 080011, 080012, 080013; District 8.)
		1/15/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board. Continued to February 5, 2008


		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.)

28.	080011	[Affirming the categorical exemption issued for the 652 Duncan Street project]
		Motion affirming the determination by the Planning Department that the 652 Duncan Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		1/15/2008, CONTINUED. Continued to February 5, 2008


		Question: Shall this Motion be APPROVED?

29.	080012	[Disapproving the categorical exemption issued for the 652 Duncan Street project]
		Motion disapproving the determination by the Planning Department that the 652 Duncan Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		1/15/2008, CONTINUED. Continued to February 5, 2008


		Question: Shall this Motion be APPROVED?

30.	080013	[Preparation of findings related to the 652 Duncan 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 652 Duncan Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		1/15/2008, CONTINUED. Continued to February 5, 2008


		Question: Shall this Motion be APPROVED?

	COMMITTEE REPORTS


	Reports from committees, if any, recommending emergency or urgent measures.



		The following items will be considered at a Special Meeting of the Rules Committee on Thursday, January 31, 2008 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, February 5, 2008.

		(Pursuant to the provisions of Rule 2.28.7 of the Board's Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from committee and any Board order of submission to the electorate. In accordance therewith consideration of the following proposed Charter amendment appropriately may be continued at least one week.)

31.	071589	[Charter Amendment - City Elections In Even-Numbered Years]	Supervisor McGoldrick
		Charter Amendment (Second Draft) to amend Section 13.101 and Article XVII to change the election cycle for the offices of Mayor, Sheriff, District Attorney, City Attorney and Treasurer so that these offices will be elected in even-numbered years; and to amend the definition of general municipal election so that such elections occur only in even-numbered years.



		Question: Shall this Charter Amendment be SUBMITTED?

32.	071590	[Charter Amendment - Providing for the election of members of the Municipal Transportation Agency's Board of Directors, their compensation, and their service as members of the Parking Authority Commission]	Supervisor McGoldrick
		Charter Amendment (Second Draft) to amend Sections 8A.102, 8A.112, 13.101, 13.101.5, and 15.105 to provide for the election of members of the Municipal Transportation Agency's Board of Directors, setting their compensation, and fixing their status as members of the Parking Authority Commission.



		Question: Shall this Charter Amendment be SUBMITTED?

33.	071591	[Charter Amendment - City policy regarding diversity on City boards and commissions; prohibition on City employees serving as members of Charter boards and commissions]	Supervisor McGoldrick
		Charter Amendment (Third Draft) to amend Section 4.101 to (1) make it City policy to consider and as appropriate support the nomination, appointment and confirmation of female, minority, and disabled candidates to fill seats on appointive boards, commissions, or advisory bodies, and (2) prohibit City employees from serving as members of boards and commissions created in the Charter.



		Question: Shall this Charter Amendment be SUBMITTED?

34.	071663	[Charter Amendment - New hire qualifications for retiree health care; employer contributions for retiree health care for new hires; improving retirement benefits for City employees hired after January 10, 2009; retiree health care trust fund]	Mayor, Supervisor Elsbernd
		Charter Amendment (Second Draft) to add Sections A8.594 and A8.594-1 through A8.594-14 to provide retirement benefits for employees hired on and after January 10, 2009, who have never been members of the Retirement System before that date and to amend Sections A8.509, A8.584, A8.584-1, A8.587, and A8.587-1, to include certain rehired City employees as members of those plans; amend Section A8.428 to increase the years of service required for new employees to qualify for subsidized health benefits at retirement and to adjust the formula for calculating retiree health benefit subsidies for those new employees; amend Section 9.113.5 to pre-fund retiree health benefits for City employees; add Sections 12.204, A8.409-7, A8.432 and A8.590-8 and re-number Section A8.432 as Section A8.433 and amend it to fund retiree health benefits for the City and County of San Francisco and other participating employers.



		Question: Shall this Charter Amendment be SUBMITTED?

35.	071667	[Charter Amendment - Requiring Board confirmation of appointments to the Public Utilities Commission; setting qualifications for members of the Commission]	Supervisors Maxwell, Dufty, Peskin, Mirkarimi, Ammiano, Elsbernd
		Charter Amendment (Second Draft) to amend Section 4.112 to require confirmation by the Board of Supervisors of the Mayor's appointments to the Public Utilities Commission and to set qualifications for members of the Public Utilities Commission.



		Question: Shall this Charter Amendment be SUBMITTED?

		The following item will be considered by the Government Audit and Oversight Committee on Monday, February 4, 2008 at 10:00 a.m. The chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, February 5, 2008.

36.	071371	[Taxicab gate cap; ratifying previous gate fees; gate surcharge for "clean air vehicles"; taxi fleet greenhouse gas emissions]	Supervisor Alioto-Pier
		Ordinance amending the San Francisco Police Code by: amending Section 1135.1, to raise the taxicab gate cap to $96.50 and to ratify gate fees previously charged up to $91.50 per shift for the period from January 1, 2003 to October 27, 2006; by repealing current Section 1135.2, as obsolete; by adding a new Section 1135.2, to authorize a $10.00 surcharge on the gate cap for clean air vehicles; and by adding Section 1135.3, to requiring taxi companies to reduce average per vehicle greenhouse gas emissions by 20 percent from 1990 levels by 2012


		1/15/2008, RE-REFERRED to Government Audit and Oversight Committee.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

		The following item will be considered by the Land Use and Economic Committee on Monday, February 4, 2008 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, February 5, 2008.

37.	071567	[Urging the Recreation and Park Commission to enter a grant agreement with a non-profit to enable the organization to develop a long-term funding and operational plan for a community-based youth and teen arts program]	Supervisor Sandoval
		Resolution urging the Recreation and Park Commission to enter a grant agreement with a community non-profit to enable the organization to develop a long-term funding and operational plan for a community-based youth and teen arts program



		Question: Shall this Resolution be ADOPTED?

38.	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.

39.	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.

40.	080149	[Legislative Analyst Request for Best Zoo Practices]	Supervisor McGoldrick
		Motion requesting the Legislative Analyst to draft a report analyzing the different types of zoos in the world and discuss some of the best practices in terms of animal well being (health, living space, etc), education and species conservation efforts. Also, compare the San Francisco Zoo in terms of the above best practices.



		Question: Shall this Motion be APPROVED?

	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.

Items 41 through 50

41.	080163	[Urging the Mayor to Return Transit Funding to the Municipal Transportation Agency]	Supervisor Peskin
		Resolution urging Mayor Gavin Newsom to return to the Municipal Transportation Agency positions and funds that are not directly related to the operations of the Agency.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

42.	080171	[Commending Jean Shelton]	Supervisor Chu
		Resolution proclaiming February 13, 2008 as Jean Shelton Day in San Francisco.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

43.	080172	[Accept and expend gift in the amount of $15,000]	Supervisor Chu
		Resolution accepting and expending a gift in the amount of $15,000 from Visa America to the Recreation and Park Department to support and expand the Recreation and Park Department's volleyball program and provide scholarships for San Francisco youth to participate.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

44.	080173	[Accept-Expend Federal Grant - Office of the Chief Medical Examiner]	Supervisors Elsbernd, Dufty
		Resolution authorizing the Office of the Chief Medical Examiner to accept and expend a grant in the amount of $95,000 from the Paul Coverdell Forensic Science Improvement Grants Program of the Department of Justice.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

45.	080174	[Urging MTA to approve temporary "Street Closure to Vehicular Traffic" on O'Farrell Street between Steiner and Fillmore for Farmers' Market]	Supervisor Mirkarimi
		Resolution urging the Municipal Transportation Authority to enact temporary "Street Closure to Vehicular Traffic" regulations on O'Farrell Street between Steiner Street and Fillmore Street from 7 A.M. to 2 P.M. on every Saturday between April 26, 2008 and November 22, 2008.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

46.	080175	[Peace Corps Week - February 25 - March 3, 2008]	Supervisor Peskin
		Resolution proclaiming February 25 - March 3, 2008 as Peace Corps Week in San Francisco.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

47.	080176	[Dr. Philip R. Day, Jr. Day - February 7, 2008]	Supervisor Peskin
		Resolution proclaiming February 7, 2008 to be Dr. Philip R. Day, Jr. Day in San Francisco.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

48.	080177	[Opposing Propositions 94, 95, 96, and 97]	Supervisors Peskin, Ammiano, Daly, Mirkarimi, Sandoval, McGoldrick, Maxwell
		Resolution opposing Propositions 94, 95, 96, and 97 on the February 5th General Election.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

49.	080169	[Suspension of Rule 6.13 regarding use of Legislative Chamber]	Supervisor Peskin
		Motion suspending Rule 6.13 of the Rules of Order of the Board of Supervisors that limits the use of the Legislative Chamber to governmental purposes in order to permit filming activity by Milk, LLC and Groundswell Productions in the Chamber during a three-day period: February 28, February 29 and March 1, 2008.


		1/29/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED?

50.	080170	[Access to Board of Supervisors Chamber]	Supervisor Peskin
		Motion directing the Clerk of the Board of Supervisors to negotiate with Milk, LLC and Groundswell Productions for the terms of access and use of the Board of Supervisors Chamber for set up and pre-lighting, filming, and clean-up (collectively "Filming Activity"), directing the Clerk of the Board to consult with the Executive Director of the Film Commission in ensuring that the terms of the Use Agreement between the City and Groundswell Productions are consistent with the City's general practices with respect to filming on City property and that such Use Agreement includes any additional provisions necessary to ensure proper treatment and protection of the Board of Supervisors Chamber, establishing that such filming activity by Groundswell Productions shall not interfere with the business of the Board of Supervisors, and mandating that Groundswell Productions' activity shall be subject to the special guidelines for use of the Board of Supervisors Chamber developed by the Clerk of the Board of Supervisors, in consultation with the City Architect, the Executive Director of the Film Commission and the City Attorney.


		1/29/2008, 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:_________________________________________

51.	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 resolution(s) 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 ordinances received from January 22, 2008 through January 28, 2008 for reference by President to the appropriate committee on February 5, 2008.

	080135	[Settlement of Lawsuit - Mark Chambers]
		Ordinance authorizing settlement of the class action lawsuit filed by Mark Chambers, et al. against the City and County of San Francisco on October 11, 2006 in the United States District Court for the Northern District of California, Case No. C06-06346 WHA, entitled, Chambers et al. v. City and County of San Francisco. (City Attorney)


		1/24/2008, RECEIVED AND ASSIGNED to Rules Committee.

	080136	[Approving Settlement with the California Independent System Operator and adopting the First Amended and Restated Operating Agreement]
		Ordinance authorizing settlement of proceedings initiated by the California Independent System Operator before the Federal Energy Regulatory Commission in Docket No. ER06-227-000 to establish operational, scheduling and settlement requirements for certain City electrical transmission transactions and adopting the First Amended and Restated Operating Agreement. (City Attorney)


		1/25/2008, RECEIVED AND ASSIGNED to Rules Committee.

	080138	[Changing the official sidewalk width - Berry Street]
		Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1577 to change the official sidewalk width on the northerly side of Berry Street between 7th and DeHaro Streets; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department)


		1/23/2008, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

	080141	[Waiver of Administrative Code section 6.64 to allow modification of Agreement No. CS-525A in an amount that exceeds one hundred-fifty percent of the original contract amount]
		Ordinance granting the San Francisco Public Utilities Commission a waiver of Administrative Code section 6.64 to allow the contract amount of Agreement No. CS-525A with Olivia Chen Consultants to exceed one hundred-fifty percent of the original contract amount. (Public Utilities Commission)


		1/25/2008, RECEIVED AND ASSIGNED to Budget and Finance Committee.

	PROPOSED RESOLUTIONS
		Proposed resolution received from January 22, 2008 through January 28, 2008 for reference by President to the appropriate committee on February 5, 2008.

	080137	[Amending a contract with anticipated expenditures in excess of $10 million]
		Resolution approving the Tenth Amendment to the Agreement between the City and County of San Francisco (Purchaser) and Sunset Scavenger Company (Contractor) for sludge hauling, extending the term of the contract by three (3) months to May 31, 2008 and increasing the total compensation to the Contractor by seven hundred fifty thousand dollars ($750,000) to thirteen million six hundred fifteen thousand dollars ($13,615,000), pursuant to San Francisco Charter Section 9.118(b). (Office of Contract Administration)


		1/28/2008, RECEIVED AND ASSIGNED to Budget and Finance Committee.

	080140	[Airport Professional Services Agreement for Construction Management Services for the Terminal 2/Boarding Area D Project with Anticipated Expenditures in Excess of $10 Million]
		Resolution approving the Professional Services Agreement, Airport Contract 8757.9 - Construction Management Services for Terminal 2/Boarding Area D Renovations and Related Facilities between T2 Partners, a Joint Venture of Parsons Transportation Group, EPC Consultants, Inc., and the Allen Group, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $15,000,000, pursuant to San Francisco Charter Section 9.118(b). (Airport Commission)


		1/25/2008, RECEIVED AND ASSIGNED to Budget and Finance Committee.

	080182	[Petitions and Communications]
		Petitions and Communications received from January 22, 2008 through January 28, 2008 for reference by the President to February 5, 2008. From Clerk of the Board, submitting a copy of the Mayor's appointments to various Boards and Commissions to the Board of Supervisors. (1) From Port of San Francisco, submitting As-Needed Professional Service Contracts - Fiscal Year 2007-08 - 2nd Quarter Report for the Period October 1, 2007 through December 31, 2007. (2) From Secretary of State's Office, Elections Division, submitting Cassette Recording of Supplemental Official Voter Information Guide. (3) From Superior Court of California, submitting a request for a supplemental appropriation in the amount of $2,263,846.00. (4) From Office of Historic Preservation, regarding San Francisco State Teacher's College Listing on the National Register of Historic Places. Copies: Each Supervisor (5) From Citizens' General Obligation Bond Oversight Committee, submitting the 2007 Annual Report. (6) From Human Services Agency, submitting Human Services Care Fund FY07-08 2nd Quarter Update and FY08-09 Annual Projection. (7) From Office of the Legislative Analyst, submitting report on J-Power EPDC and J-Power USA. File No. 071587 (8) From Department of the Environment, submitting a report on disposal alternatives for San Francisco. (9) From San Francisco Fire Department, submitting response for information related to the Cosco Busan oil spill, (Reference No. 20071120-023). (10) From Department of Public Works, submitting Quarterly Report of DPW's Defective Sidewalk Repair Revolving Account. (11) From Municipal Transportation Agency, submitting the Tow refund Report. (12) From City Administrator - Office of Public Finance, submitting response regarding Funding Mechanisms for Utility Undergrounding Citywide (Reference No. 20071120-006). (13) From Golden Gate Bridge, Highway and Transportation District, submitting Fiscal Year 2006-2007 Annual Report. (14) From Office of Labor Standards Enforcement, submitting the Sweatfree Advisory Group Annual Report. (15) From Department of Emergency Management, submitting response for information related to the Cosco Busan oil spill, (Reference No. 20071113-001). (16) From Municipal Transportation Agency, submitting response regarding possibility of installing vehicle speed reduction devices on Buckingham Way, (Reference No. 20071030-003). (17) From Library Citizens Advisory Committee, submitting copy of Thank You letter to Literacy Program Manager, SF Public Library. (18) From Stephen Bertram, regarding Polk Gulch Redevelopment and the proposed project at 1285 Sutter Street. Copies: Each Supervisor (19) From concerned citizens, submitting support for the SF Zoo and expressing various concerns regarding the tiger mauling at the SF Zoo. File No. 080031, Copies: Each Supervisor. Received 39 Letters (20) From Patrick Monette-Shaw, regarding major policy changes regarding Laguna Honda Hospital and the Board of Supervisor's 30-Day Rule. (21) From Municipal Transportation Agency, submitting response regarding adding the name Dante Benedetti Lane to Jasper Alley. File No. 071675, Copies: Land Use and Economic Development Committee Members. (22) From Mike Zelinsky, expressing concerns regarding parking meters on holidays in the City. Copies: Each Supervisor (23) From Diana Peterson, submitting support for affordable housing at 55 Laguna Street. (24) From Katia Tsvetkova, submitting opposition against Proposition A. (25) From Department of the Environment, submitting a copy of response sent to a constituent regarding breastfeeding in the EcoCenter. (26) From concerned citizen, expressing concerns regarding the City's alleged refusal to allow the Marine Corp to film in the City. Recevied 4 Letters (27) From Gary Yee, submitting suggestion regarding pigeon droppings in the City. (28) From concerned citizens, submitting support for the Flower Market. File No. 080093, Copies: Each Supervisor. Received 2 Letters (29) From concerned citizens, regarding appeal of the Categorical Exemption issued for 3569-71 Sacramento Street. File No. 071578 (30) From Karen Naman, submitting support to keep St. Luke's Acute Care/Surgery & Emergency Departments open. File No. 071489, Copies: Each Supervisor. (31) From Alan Roberts, submitting comments regarding SF Examiner letter to editor "Property owners under siege in SF" dated 1/19/08. (32) From Richard Skaff, submitting concerns regarding alleged Disability Access Violations at Cirque du Soleil. (33) From Chris Shurtleff, submitting suggestions for water and transportation on Treasure Island. Copy: Supervisor Daly (34) From W. Joseph Stegner, Jr., submitting poetic comments regarding the City. (35) From Richard Skaff, submitting concerns regarding alleged Access Violation of public art at Pier 14. (36) From concerned citizen, expressing concerns regarding Muni allowing some passengers to board some buses through the rear doors and fare collection. (37) From Eula Walters, submitting opposition to construction on the Recreational property at 8 Washington Street. (38) From Dr. Ahimsa Sumchai, submitting a copy of a 3 Point Media Message on CTs. (39) From Dr. Ahimsa Sumchai, regarding demand for material and communications related to the 10/9/07 meeting. (40) From Dr. Ahimsa Sumchai, submitting a copy of press release "City of San Francisco Steps Into Power Plant Lawsuit". (41) From Dr. Ahimsa Sumchai, regarding Japan set to buy carbon credits from Europe. (42) From Francisco Da Costa, submitting link to article regarding the Bayview Jobs, Parks, and Housing Initiative. (43) From Francisco Da Costa, submitting link to article regarding affordable housing for those in need in the City. (44) From Francisco Da Costa, submitting link to article regarding Lennar BVHP LLC. (45) From Francisco Da Costa, submitting link to article regarding Islais Creek Intermodal Bridge. (46) From Francisco Da Costa, submitting link to article regarding Dr. Martin Luther King, Jr. (47) From Francisco Da Costa, submitting link to article regarding AIMCO, Local Union 22. (48) From Kimo Crossman, regarding public records request for text messages about Oil Spill Emergency to Mayor Newsom. Received 4 Letters (49) From Christian Holmer, regarding various Immediate Disclosure Request. Received 4 Letters (50) From Denise D'Anne, submitting opposition to the Mayor's hiring of personnel. (51) From Bruce Brugmann, regarding the SF Bay Guardian antitrust lawsuit against the SF Weekly (now Village Voice Media). (52)

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.
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 11:59:34 AM