Board of Supervisors : March 11, 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

AGENDA
Tuesday, March 11, 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 February 12, 2008 and February 26, 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 12

	Recommendation of the Budget and Finance Committee

		Present: Supervisors Peskin, Ammiano


1.	080099	[Appropriating $34,896,162 of bond sale proceeds, interest and property rental revenues for improvements and construction of San Francisco Public Library Facilities Fiscal Year 2007-2008]	Mayor
		Ordinance appropriating $31,065,000 of bond sale proceeds from the 2000 Branch Library Improvement Program Bond - 4th Series, $3,679,362 in bond interest earned and $151,800 in rent monies to fund the improvement and construction of the San Francisco Public Library Facilities for Fiscal year 2007-08. Place Controller's Reserve on $31,065,000 of the bond sale proceeds pending sale of the bond.


		3/4/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use and Economic Development Committee

		Present: Supervisors Maxwell, Sandoval, Daly


2.	080157	[Zoning - Educational services and institutional uses, Mixed Use Districts and NCDs]	Supervisor Peskin
		Ordinance amending the Planning Code by amending Sections 102.2 to exclude specified accredited educational institutions from the definition of arts activities; amending Section 790.50 and 890.50 to clarify that certain institutions, including accredited educational institutions, in the Neighborhood Commercial Districts and Mixed Use Districts are required to comply with applicable provisions of the institutional master plans as set forth in Section 304.5; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.


		3/4/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


3.	080156	[Zoning - Conditional Use for specified educational services in Western SoMa]	Supervisor Peskin
		Ordinance amending the Planning Code by amending Section 823 to prohibit educational institutions as defined in Section 890.50(c) in the Western SoMa Planning Area Special Use District; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

		(Economic Impact.)
		3/4/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


4.	080280	[Zoning - Repeal of the interim moratorium on institutional uses in the Western SoMa]	Supervisor Peskin
		Ordinance repealing the interim zoning moratorium that prohibits the establishment of specified new institutional uses in the Western SoMa Planning Area Special Use District.


		3/4/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the City Operations and Neighborhood Services Committee

		Present: Supervisors McGoldrick, Alioto-Pier, Chu


5.	080222	[Gift - Private, Public Health Department - Data Center and Electronic Medication Administration Record System]
		Resolution authorizing the Public Health Department to accept a gift of a Data Center and an Electronic Medication Administration Record System for the San Francisco General Hospital (SFGH) from the San Francisco Hospital Foundation (SFGH Foundation). (Public Health Department)



		Question: Shall this Resolution be ADOPTED?


6.	080224	[Gift of Equipment to Fire Department]
		Resolution authorizing the San Francisco Fire Department to accept a gift of a fifteen Porto2Vent Continuous Positive Air Pressure Devices and Backpacks valued at $19,050 from Emergent Technologies for use by Fire Department employees who provide ambulance services in the City. (Fire Department)



		Question: Shall this Resolution be ADOPTED?


7.	080227	[Grant to support SFGHMC's Quality Improvement Initiative]	Supervisor Alioto-Pier
		Resolution authorizing the San Francisco Department of Public Health, San Francisco General Hospital Medical Center (DPH-SFGHMC) to accept and expend retroactively a two-year grant from Kaiser Permanente's Community Benefits Program in the amount of $150,000, to fund SFGHMC's Quality Improvement Initiative; for the period of October 1, 2007 through October 1, 2009.



		Question: Shall this Resolution be ADOPTED?


8.	080228	[Funds to support nutrition services]	Supervisor Alioto-Pier
		Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $11,927 from FACET, BAART Programs Turk Street Clinic for a project entitled "FACET - SFDPH Nutrition Services," for the period of January 1, 2008 through December 30, 2008.



		Question: Shall this Resolution be ADOPTED?


9.	080181	[Gift - Private, Department of Public Health - $104,538]
		Resolution authorizing the Department of Public Health to retroactively accept a gift from the San Francisco General Hospital Foundation with a monetary value of $104,538 to back fill-staff attending training designed to decrease the risk of cardiovascular events (heart attacks and strokes) for the period of January 1, 2008 though December 31, 2010. (Public Health Department)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee
		Present: Supervisors Ammiano, Elsbernd


10.	080178	[Settlement of Lawsuit - Lydia Jones]
		Ordinance authorizing settlement of the lawsuit filed by Lydia Jones against the City and County of San Francisco for $65,000.00; the lawsuit was filed on October 23, 2006 in San Francisco Superior Court, Case No. CGC-06-457229; entitled Lydia Jones v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?


11.	080179	[Settlement of Lawsuit - Susan Sponseller]
		Ordinance authorizing settlement of the lawsuit filed by Susan Sponseller against the City and County of San Francisco for $100,000; the lawsuit was filed on January 24, 2007 in San Francisco Superior Court, Case No. 459858; entitled Susan Sponseller v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?


12.	080180	[Settlement of Lawsuit - Kelly Medora]
		Ordinance authorizing settlement of the lawsuit filed by Kelly Medora against the City and County of San Francisco for $235,000; the lawsuit was filed on January 27, 2006 in United States District Court, Northern District of California, Case No. C06-00558 EDL; entitled Kelly Medora, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?


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

REGULAR AGENDA

UNFINISHED BUSINESS

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


13.	080193	[Appropriating $2,263,846 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for Fiscal Year 2007-2008]	Supervisor Maxwell
		Ordinance appropriating $2,263,846 of General Fund Reserve to fund unanticipated increased costs of indigent defense expenses associated with People v. Bell as well as adult criminal and juvenile delinquency cases in the Superior Court of California for Fiscal Year 2007-2008.


		3/4/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use and Economic Development Committee

		Present: Supervisors Maxwell, Sandoval, McGoldrick


14.	071522	[Residential Rent Ordinance: Sellers and Purchasers to Give Tenants Written Disclosure of Rights Before and After Sale of the Rental Property]	Supervisors Daly, Sandoval, McGoldrick
		Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by adding subsection (j) to Section 37.9, to provide that tenants in units subject to Section 37.9 be given written disclosure of specified rights by sellers and purchasers before and after the sale of such property.


		3/4/2008, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

	Recommendations of the Budget and Finance Committee

		Present: Supervisors McGoldrick, Elsbernd, Mirkarimi, Daly, Chu


15.	080230	[Appropriating $4,270,320 for Capital Improvements at San Francisco General Hospital in the Department of Public Health for Fiscal Year 2007-2008]	Supervisor Chu
		Ordinance appropriating $4,270,320 of General Fund Budget Savings Incentive Reserve Funding for capital improvements at San Francisco General Hospital associated with central service building seismic upgrades and electrical power distribution in the Department of Public Health for Fiscal Year 2007-2008.

		(Fiscal Impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


16.	080196	[Appropriating $246,000 of General Fund Reserve to the Human Resources Department to fund the Workers Compensation Clinic at San Francisco General Hospital]	Supervisors Mirkarimi, Ammiano, Daly
		Ordinance appropriating $246,000 from the General Fund Reserve to the Human Resources Department to fund the Workers Compensation Clinic at San Francisco General Hospital for Fiscal Year 2007-2008.

		(Supervisors Elsbernd and Chu dissented in committee) (Fiscal Impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

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


17.	080039	[Landmark Tree Designation of Blue Elderberry located in the Bernal Heights Natural Area at Folsom Street and Bernal Heights Boulevard]	Supervisor Ammiano
		Ordinance designating the Blue Elderberry (Sambucus mexicana) in the Bernal Heights Natural Area (Assessor's Block 5548, Lot 002) at Folsom Street and Bernal Heights Boulevard as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation.



		Question: Shall this Ordinance be PASSED ON FIRST READING?


18.	080040	[Landmark Tree Designation of Moreton Bay Fig at 3555 Cesar Chavez Street, facing Valencia Street]	Supervisor Ammiano
		Ordinance designating the Moreton Bay Fig (Ficus macrophylla) at 3555 Cesar Chavez Street (Assessor's Block 6575, Lot 002), facing Valencia Street as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation.



		Question: Shall this Ordinance be PASSED ON FIRST READING?


19.	080041	[Landmark Tree Designation of Flowering Ash tree no. 1 at 500 Cortland Avenue]	Supervisor Ammiano
		Ordinance designating the Flowering Ash (Fraxinus ornus) tree no. 1 at 500 Cortland Avenue, in front of the Bernal Heights Library, which flanks the eastern side of the main doors to the library on Cortland Avenue (Assessor's Block 5707, Lot 027) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation.



		Question: Shall this Ordinance be PASSED ON FIRST READING?


20.	080042	[Landmark Tree Designation of Flowering Ash tree no. 2 at 500 Cortland Avenue]	Supervisor Ammiano
		Ordinance designating the Flowering Ash (Fraxinus ornus) tree no. 2 at 500 Cortland Avenue, in front of the Bernal Heights Library, which flanks the western side of the main doors to the library on Cortland Avenue (Assessor's Block 5707, Lot 027) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation.



		Question: Shall this Ordinance be PASSED ON FIRST READING?


21.	080043	[Endorsing the recommendations of the Healthcare Action Team regarding the discharge of homeless patients in San Francisco]	Supervisors Ammiano, Daly, Mirkarimi
		Resolution endorsing the Healthcare Action Team's recommendations for procedures on homeless patients hospital discharge, including more respite beds, a streamlined discharge process, distribution of information sheets, utilization of transitional care programs, expansion of the Ombudsman office and no discharges on Fridays.



		Question: Shall this Resolution be ADOPTED?

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


22.	071528	[Administrative Code - Amendments Creating Large Tourist Hotel Conversion Ordinance]	Supervisors Peskin, Ammiano, Daly, Maxwell, Mirkarimi, Sandoval
		Ordinance amending the Administrative Code to add Section 41F to limit conversion of Large Tourist Hotels into condominium projects, allowing the Planning Commission to approve conversion of up to 500 units before March 1, 2010, establishing conditions precedent and procedures for an annual lottery system for conversions after March 1, 2010, requiring applicants for conversions to provide the Planning Department with certain information regarding the conversion, creating a 120-month sunset period, and making environmental findings.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendations of the Rules Committee
		Present: Supervisors Elsbernd, Alioto-Pier


23.	071659	[Deletes the cap on the amount that an individual production can receive under the Rebate Program]	Supervisor Alioto-Pier
		Ordinance amending Administrative Code Section 57.8 by repealing the provision that limits individual rebates under the Rebate Program to the amount of tax that the film production paid to the City.

		(Economic Impact)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


24.	071660	[Comprehensive Package to Support Film Production in San Francisco]	Supervisor Alioto-Pier
		Resolution directing City departments, and urging other public entities, to cooperate with the Film Commission to streamline film permitting procedures, to adopt a single Use Agreement and a single insurance policy for film productions, and to create consistent fee structures.



		Question: Shall this Resolution be ADOPTED?

	From the Rules Committee Without Recommendation
		Present: Supervisors Ammiano, Elsbernd


25.	071661	[Menu Labeling At Chain Restaurants]	Supervisors Ammiano, Dufty, Mirkarimi, McGoldrick, Maxwell
		Ordinance amending Sections 468 through 468.8 of the San Francisco Health Code to (1) require chain restaurants to disclose, per standard menu item, the total number of calories on menu boards and food tags, and the total amount of calories, saturated fat, carbohydrates and sodium on menus; (2) revise existing requirements for providing nutritional information on alternative disclosure media; and (3) authorize the Department of Public Health to impose a fee on chain restaurants for implementation of the ordinance.


		1/8/2008, SUBSTITUTED. Supervisor Ammiano submitted a substitute ordinance bearing the same title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?


26.	071626	[Repealing Board Rule 3.9.1 - Mayor's appearance before the Board of Supervisors]	Supervisor Alioto-Pier
		Motion amending the Rules of Order of the Board of Supervisors to repeal Rule 3.9.1 regarding Mayor's appearance before the Board.



		Question: Shall this Motion be APPROVED?

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.	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

		12/4/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to January 8, 2008

		1/8/2008, CONTINUED. Continued to January 29, 2008

		1/29/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. There were none. Continued to February 26, 2008

		2/26/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to March 11, 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.	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

		12/4/2007, CONTINUED. Continued to January 8, 2008

		1/8/2008, CONTINUED. Continued to January 29, 2008

		1/29/2008, CONTINUED. Continued to February 26, 2008

		2/26/2008, CONTINUED. Continued to March 11, 2008


		Question: Shall this Motion be APPROVED?


29.	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

		12/4/2007, CONTINUED. Continued to January 8, 2008

		1/8/2008, CONTINUED. Continued to January 29, 2008

		1/29/2008, CONTINUED. Continued to February 26, 2008

		2/26/2008, CONTINUED. Continued to March 11, 2008


		Question: Shall this Motion be APPROVED?


30.	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

		12/4/2007, CONTINUED. Continued to January 8, 2008

		1/8/2008, CONTINUED. Continued to January 29, 2008

		1/29/2008, CONTINUED. Continued to February 26, 2008

		2/26/2008, CONTINUED. Continued to March 11, 2008


		Question: Shall this Motion be APPROVED?

	COMMITTEE REPORTS

		The following item will be considered by the Government Audit and Oversight Committee at a Special Meeting on Monday, March 10, 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, March 11, 2008.


31.	080236	[Repealing the San Francisco Traffic Code and enacting Division I of the San Francisco Transportation Code to conform to the requirements of Proposition A]	Supervisor Peskin
		Ordinance repealing the San Francisco Traffic Code and enacting Division I of a new San Francisco Transportation Code, setting forth requirements for the regulation of transit, traffic, streets and parking under the jurisdiction of the Board of Supervisors, including the regulation of news gathering vehicles, enforcement authority, parking control, rules for driving, bicycle registration, towing and impoundment, abatement of nuisance vehicles, procedures on the temporary use or occupancy of public streets and violations.



		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.

CLOSED SESSION


34.	080300	[Closed Session - Existing Litigation - Chambers v. City and County of San Francisco]
		Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation, Chambers v. City and County of San Francisco, filed on October 11, 2006 in the United States District Court for the Northern District of California, Case No. C06-06346 WHA. Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuit. (City Attorney)




	[Elect To Disclose] Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.




	[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.

	Recommendation of the Rules Committee
		Present: Supervisors Ammiano, Elsbernd


35.	080135	[Settlement of Lawsuit - Mark Chambers]
		Ordinance authorizing settlement of the class action lawsuit entitled Chambers v. City and County of San Francisco, filed on October 11, 2006 in the United States District Court for the Northern District of California, Case No. C06-06346 WHA. Pursuant to the proposed settlement, the City will enhance community-based housing and services for residents of Laguna Honda Hospital and for other San Franciscans who would benefit from long-term community-based care. (City Attorney)


		2/12/2008, PASSED ON FIRST READING.

		2/26/2008, CONTINUED. Continued to March 11, 2008 to be heard in Closed Session.


		Question: Shall this Ordinance be FINALLY PASSED?

	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 36 through 42


36.	080327	[Funds to support HIV research activities]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $7,167 from University of California, San Francisco, Center for AIDS Research (CFAR); for the period of September 1, 2007 through August 31, 2008.


		3/4/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?


37.	080328	[Urging the Department of Parking and Traffic to install STOP signs at the intersection of 24th Street and Hoffman Avenue]	Supervisor Dufty
		Resolution urging the Department of Parking and Traffic to install STOP signs at the intersection of 24th Street and Hoffman Avenue.


		3/4/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?


38.	080329	[Declaration of Election Results - February 5, 2008]	Supervisor Peskin
		Resolution declaring the results of the February 5, 2008 Consolidated Presidential Primary Election.


		3/4/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?


39.	080330	[Approval of a 30 day extension for Planning Commission review - Types of Entertainment]	Supervisor Peskin
		Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance amending Sections 102.17, 790.38, and 890.37 of the San Francisco Planning Code to define three types of entertainment use based upon size; amending Sections 1060, 1060.1, 1060.3, 1070, 1070.1, and 1070.3 of the San Francisco Police Code to define the three types of entertainment use authorized by the Planning Code and to require an application and the permit for a place of entertainment or extended-hours activity to specify one of the three types of entertainment use; adopting findings, including environmental findings and findings required by Section 302 of the Planning Code.


		3/4/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?


40.	080331	[Approval of a 30 day extension for Planning Commission review - 690 Market Street]	Supervisor Peskin
		Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on a proposed Resolution that would initiate the designation of 690 Market Street, the Chronicle Building, Lot 6 in Assessor's Block 311, as a landmark pursuant to Section 1004.1 of the Planning Code and urging expedited consideration of the building's landmark status and a Mills Act contract associated with the building's rehabilitation and restoration.


		3/4/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?


41.	080290	[Final Map - One Ecker Street]
		Motion approving Final Map 4614, a 53 Unit Mixed-Use Condominium Project, located at One Ecker Street being a subdivision of Lot 022 in Assessors Block No. 3708 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)

		(DPW Order No. 177,409; District 6.)
		2/28/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED?


42.	080297	[Final Map - 1355 Valencia Street]
		Motion approving Final Map 2015, a 7 Unit Mixed-Use Condominium Project, located at 1355 Valencia Street being a subdivision of Lot 022 in Assessors Block No. 6515 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)

		(DPW Order No. 177,361; District 9.)
		2/28/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED? <<table width=100% border=0>


		Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

43.	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

		There were none.

	PROPOSED RESOLUTION

		Proposed resolution received from February 26, 2008 to March 3, 2008 for reference by President to the appropriate committee on March 11, 2008.


	080299	[Airport Concession Lease]
		Resolution approving the Boarding Area "E" Candy Kiosk Lease between Pacific Gateway Concessions, LLC, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)


		2/28/2008, RECEIVED AND ASSIGNED to Budget and Finance Committee.


	080335	[Petitions and Communications]
		Petitions and Communications received from February 26, 2008 through March 3, 2008 for reference by the President to March 11, 2008. From Office of the Mayor, submitting notice designating Supervisor Sean Elsbernd as Acting Mayor March 2, 2008 until midnight March 3, 2008 or longer if necessary. Copy: Each Supervisor; City Attorney(1) From Office of the Mayor, submitting notice designating Supervisor Carmen Chu as Acting Mayor March 3, 2008 or longer if necessary. Copy: Each Supervisor; City Attorney(2) From Kathleen McKenna, commenting on the Health Service System.(3) From concerned citizens, commenting on the taxicab gate increase. File 071371; Copy: Each Supervisor, 3 letters (4) From concerned citizens, commenting on the Mayor's Office of Housing Condo Conversion program. 5 letters(5) From San Francisco Unified School District, regarding a proposed ballot measure to create an additional property tax.(6) From San Francisco City Clinic, submitting monthly STD report for the month of January 2008.(7) From Municipal Transportation Agency, regarding status on the feasibility of improving the visibility of the westbound handicap ramp at 2nd Avenue and Irving Street. (Reference 20070612-001) Copy: Supervisor Mirkarimi(8) From concerned citizens, submitting opposition to the proposed changes to make the Legislative Chamber wheelchair accessible. File 080256, Copy: Each Supervisor, 4 letters(9) From Coalition for San Francisco Neighborhoods, regarding the Market and Octavia Area Plan. File 071157, Copy: Each Supervisor, 2 letters(10) From San Francisco Building and Construction Trades Council, commenting on the proposed Treasure Island affordable housing resolution. File 080091, Copy: Each Supervisor(11) From Clerk of the Board, regarding proposed regulations to implement section 1.113 of the Campaign Finance Reform Ordinance (CFRO). Copy: Each Supervisor(12) From Health Commission, regarding the dust control ordinance and the Health Care Initiative contract. File 071009(13) From concerned citizens, submitting notice of pre-application meeting. 2 letters(14) From San Francisco Green Party, submitting opposition to the Mayor's solar loan and grant programs. Files 071677, 071678(15) From Neil Signo, commenting on the Apple Moth in San Francisco. Copy: Each Supervisor(16) From Municipal Transportation Agency, submitting new version of Contract Modification No. 4 for the six-month extension for SFMTA Security Services. File 080190(17) From Conrad House Supportive Housing Program, submitting notification of nomination of Benjamin Graff for a seat on the Shelter Monitoring Committee.(18) From Society of Professional Journalists, submitting notification of nomination of Erica L. Craven and Richard A. Knee for reappointment to the Sunshine Ordinance Task Force. (19) From Michael Miller-Quintana, submitting opposition to the reappointment of Christina Olague to the Planning Commission. File 080239, Copy: Each Supervisor(20) From concerned citizens, submitting copy of letter to the Health Commission opposing the proposed elimination of mental health clinic directors and programs cuts. 31 letters/3 petitions received(21) From Neil Signo, commenting on sick leave laws. Copy: Each Supervisor, 2 letters(22) From Christian Holmer, regarding an immediate disclosure request from the Mayor's Office.(23) From Alex Lantsberg, submitting 2007 year-end report for the Public Utilities Commission Citizens Advisory Committee and appendix of resolutions.(24) From Francisco Da Costa, regarding the Southeast Commission. 2 letters(25) From Denis Drew, commenting on the anti-loitering law. (26) From Blair M. Camp, commenting on the economy of San Francisco(27) From Jeannette Berger, commenting on various issues.(28) From concerned citizen, commenting on affordable housing and delays on proposed development projects.(29) From Ann Garrison, commenting on the Blue Angels air show.(30) From concerned citizen, commenting on the number of newsstands from Spruce Street to Laurel Street. Copy: Each Supervisor(31) From Francisco Da Costa, commenting on Debra Bowen.(32) From Designing Accessible Communities, commenting on a formal request filed with the Department of Building Inspection to not approve any further destination based elevator system installations.(33) From Francisco Da Costa, regarding justice and fair play.(34) From Dr. Ahimsa Porter Sumchai, commenting on methcillin resistant staphlococcal skin and soft tissue infections seen in the eastern sectors of San Francisco.(35) From Ben Lin, commenting on chem-trails/contrails spraying.(36) From concerned citizens, urging the Board to support the Rainy Day Reserve Fund. File 080142, 2 letters (37) From Los Socios, regarding St. Luke's Hospital and the ongoing cuts to medical services imposed by Sutter Health. File 071282(38) From Don L. Whitney, regarding a request for a 30-day extension to file an appeal for a project located at 855 Sacramento Street. Copy: Each Supervisor, 2 letters(39) From Office of the Mayor, submitting notice designating Supervisor Sean Elsbernd as Acting Mayor March 1, 2008 until midnight March 3, 2008 or longer if necessary. Copy: Each Supervisor; City Attorney(40) From Eric Brooks, commenting on plastic and re-usable paper bags.(41) From Bilingual Community Senior Advocates, commenting on a whistleblower complaint filed.(42) From Idriss Srelley Foundation, urging the Board to support a request for an audit of the First Offender Prostitution Program (FOPP). Copy: Each Supervisor, File 080234(43) From concerned citizens, commenting on Lennar Corporation. 3 letters(44) From Nicole Wright, submitting support for the proposed Wi-Fi agreement with EarthLink.(45) From Interstice Architects, submitting opposition to the proposed reappointment of Christina Olague to the Planning Commission. File 080239(46) From concerned citizens, commenting on proposed commemorative plaques for the homeless who have died. File 080244, Copy: Each Supervisor, 2 letters(47) From Francisco Da Costa, commenting on AIMCO company. (48) From Billy Ray Smith, commenting on his experience with the Department of Building Inspection in trying to obtain an occupant permit. Copy: Department of Building Inspection.(49) From Municipal Transportation Agency, regarding status of removing graffiti from various locations in District 5. (Reference 20080108-017) Copy: Supervisor Mirkarimi(50) From Elaine Adamson and Edward Gould, commenting on the 55 Laguna Environmental Impact Report. File 080211, Copy: Each Supervisor(51) From San Francisco Beautiful, submitting opposition to the appointment of Ryan Brooks to the Planning Commission.(52) From Recreation and Park Department, submitting a draft feasibility study regarding dry storage at the Marine Yacht Harbor.(53) From Department of Elections, regarding disclaimer requirements for local ballot measures. Copy: Each Supervisor(54) APPOINTMENTS BY THE MAYOR Retirement Board Brenda Wright Juvenile Probation Commission Katherine Albright

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) 554-4933 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=4383For information, call (415) 554-5184.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

The Legislative Chamber and the Committee Room 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, N and T (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 11:58:53 AM