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July 29, 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
City and County of San Francisco seal
AGENDA
Tuesday, July 29, 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 June 24, 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 9

Recommendation of the Budget and Finance Committee
Present: Supervisors McGoldrick, Elsbernd, Chu

1. 080887 [SFPD MOU for Loan of FBI Vehicles] Mayor
Ordinance approving a memorandum of understanding between the City and County of San Francisco and the Federal Bureau of Investigations (FBI) for the loan of two Chevrolet Suburban vehicles from the FBI for use in San Francisco Police Department Tactical Company, and waiving the indemnification requirements of the San Francisco Administrative Code Chapter section 4.18 for this agreement, and approving the City indemnifying and holding the FBI harmless against claims arising from the activities of the City under the MOU.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the City Operations and Neighborhood Services Committee
Present: Supervisors Chu, McGoldrick, Elsbernd

2. 080578 [Liquor license transfer - 17 Third Street]
Resolution determining that the transfer of a Type 21 off-sale general license from 1701 Taraval Street to 17 Third Street (District 6), to Brian Sheehy for Future Beverage, Inc. dba Cask will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Chu, Elsbernd

3. 080910 [State grant to support environmental health pest exclusion activities - $47,694.36] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (DPH) to retroactively accept and expend a grant in the amount of $47,694.36 from the California Department of Food and Agriculture (CDFA) to support the Light Brown Apple Moth Program; for the period of July 1, 2007 through June 30, 2008.
7/8/2008, REFERRED to City Operations and Neighborhood Services Committee.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Peskin, Maxwell

4. 080792 [Replacing the Emergency Response Fee, with a general tax at the same rates and with the same exemptions and modernizing the Telephone Users Tax without changing the rate or exemptions.] Mayor, Supervisors Peskin, Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Sandoval
Ordinance submitting to the voters an ordinance amending the Business and Tax Regulations Code by: (1) adding Article 10B, Sections 780-786, to replace the current Emergency Response Fee with a general tax at the same rates and with the same exemptions; (2) repealing Article 10A, Sections 750-770, to eliminate the existing Emergency Response Fee; (3) amending Article 10 by adding Sections 721, 722, and 723, amending Sections 701, 703, 707.1, and 708, and repealing Sections 702 and 707.3, all to modernize and update the Telephone Users Tax without changing the tax rate or exemptions; and (4) amending Article 6, Section 6.1-1, to make conforming changes; and ratifying past collection of the Telephone Users Tax and the Emergency Response Fee.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Peskin, Ammiano, Maxwell

5. 080849 [PG&E SmartMeter Upgrade Proposal] Supervisors Peskin, Dufty, Ammiano, Maxwell, Mirkarimi, Daly, McGoldrick, Sandoval
Ordinance directing the Department of the Environment to conduct a Cost and Climate Review of PG&E's request to the California Public Utilities Commission to spend $877 million on a SmartMeter upgrade program; and directing the City Attorney, in consultation with the Department of the Environment and Public Utilities Commission, to participate in the CPUC review of PG&E's request; and establishing the City's policy to oppose PG&E's request if the Cost and Climate Review concludes that PG&E's SmartMeter upgrade proposal is not cost effective or that alternative technologies that offer greater benefits should be investigated.
(Fiscal Impact.)

7/8/2008, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee
Present: Supervisors Maxwell, Sandoval, Peskin

6. 080407 [Subdivision Code - definition of conversion] Supervisor Peskin
Ordinance amending the San Francisco Subdivision Code Section 1308 to modify the definition of conversion to include specified air space subdivisions of existing residential structures; and making environmental findings.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

7. 080947 [Changing the official sidewalk width - Jessie Street east of 10th Street] Supervisor Daly
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1579 to change the official sidewalk width on Jessie Street east of 10th Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both of facilities affected by the sidewalk width change; and approving public sidewalk easements along the southerly side of Jessie Street.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee
Present: Supervisors Daly, Dufty

8. 080944 [Appointment, Assessment Appeals Board No. 1- Gregory Blaine]
Motion appointing Gregory Blaine, term ending September 6, 2010, to Assessment Appeals Board No. 1.
Gregory Blaine, succeeding Carol Ruth Silver, resigned, seat 4, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code as follows:Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraisers; or he or she is a current member of an assessment appeals board, for the unexpired portion of a three-year term ending September 6, 2010.

Question: Shall this Motion be APPROVED?

9. 080945 [Appointment, Assessment Appeals Board No. 2 - Alfredo Perez]
Motion appointing Alfredo Perez, term ending September 6, 2010, to Assessment Appeals Board No. 2.
Alfredo Perez, succeeding Richard Lee, resigned, seat 4, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code: Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraiser; or he or she is a current member of an assessment appeals board, for the unexpired portion of a three-year term ending September 6, 2010.

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

Recommendations of the Budget and Finance Committee
Present: Supervisors McGoldrick, Elsbernd, Mirkarimi, Daly, Chu

10. 080725 [Consolidated Budget and Annual Appropriation Ordinance, Fiscal Year 2008-2009 and for the Municipal Transportation Agency, Fiscal Years 2008-2009 and 2009-2010] Mayor
Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 2009 and for the Municipal Transportation Agency fiscal years ending June 30, 2009 and June 30, 2010.
(Supervisor Daly dissented in committee.)
(Fiscal Impact.)

7/16/2008, CONTINUED. Continued to July 22, 2008
7/22/2008, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

11. 080726 [Annual Salary Ordinance, Fiscal Year 2008-2009 and for the Municipal Transportation Agency Fiscal Years 2008-2009 and 2009-2010] Mayor
Consolidated Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2009 and for the Municipal Transportation Agency, fiscal Years ending June 30, 2009 and June 30, 2010, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor.
(Supervisor Daly dissented in committee.)
(Fiscal Impact.)

7/16/2008, CONTINUED. Continued to July 22, 2008
7/22/2008, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

12. 081040 [Budget and Annual Appropriation Ordinance for Municipal Transportation Agency Budget for Fiscal Years 2008-2009 and 2009-2010] Mayor
Budget and Annual Appropriation Ordinance Appropriating All Estimated Receipts and All Estimated Expenditures for the Municipal Transportation Agency for the Fiscal Year Ending June 30, 2009 and for the Fiscal Year Ending June 30, 2010.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

13. 081041 [Annual Salary Ordinance for the Municipal Transportation Agency for Fiscal Years 2008-2009 and 2009-2010] Mayor
Annual Salary Ordinance for the Municipal Transportation Agency for Fiscal Years 2008-2009 and 2009-2010.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

14. 080880 [Recreation and Park Department - Event Fees] Supervisor McGoldrick
Ordinance making environmental findings and amending San Francisco Park Code, Article 12, Section 12.22 to amend the fees for use of the parks for events.
7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

15. 081011 [Appropriating $498,145 of FY 2007-2008 General Fund Reserve to the Mayor's Office of Criminal Justice for the Community Justice Center for FY 2008-2009] Supervisors McGoldrick, Elsbernd, Peskin
Ordinance appropriating $498,145 of Fiscal Year 2007-2008 General Fund Reserve to the Mayor's Office of Criminal Justice to fund a Community Justice Center in Fiscal Year 2008-2009.
(Supervisor Daly dissented in committee.)
(Fiscal Impact.)

7/22/2008, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Peskin, Ammiano, Maxwell

16. 080832 [Real Property Transfer Tax] Supervisors Peskin, Dufty
Ordinance submitting to the voters an ordinance amending the Business and Tax Regulations Code by: (1) amending Section 1102 to increase the Real Property Transfer Tax rate from 0.75% to 1.5% if the consideration for or value of the transfer exceeds $5 million; (2) amending Section 1105 to reduce the tax on transfers of residential property by up to one third (1/3) if, after January 1, 2009, the transferor has installed an active solar system or made seismic retrofitting improvements or improvements utilizing earthquake hazard mitigation technologies; (3) amending Section 1114 to clarify application of tax to transfers of ownership interests in legal entities that own real estate; and (4) amending Section 1108.3 to apply transfer tax to transfers of 35 year or longer leasehold interests.
(Economic Impact)

7/22/2008, PASSED ON FIRST READING. Supervisor Dufty requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Peskin, Maxwell

17. 080800 [MOU, Amendment No. 1 - San Francisco Fire Fighters Union, Local 798 (Unit 1)] Mayor
Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1) by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011.
7/8/2008, CONTINUED. Continued to July 22, 2008
7/22/2008, PASSED ON FIRST READING. Supervisor Chu was previously excused from voting on this matter.
Question: Shall this Ordinance be FINALLY PASSED?

18. 080801 [MOU, Amendment No. 1 - San Francisco Fire Fighters Union, Local 798 (Unit 2)] Mayor
Ordinance adopting and implementing Amendment #1 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 2) by implementing specified terms and conditions of employment for fiscal years 2008-2009, 2009-2010 and 2010-2011.
7/8/2008, CONTINUED. Continued to July 22, 2008
7/22/2008, PASSED ON FIRST READING. Supervisor Chu was previously excused from voting on this matter.
Question: Shall this Ordinance be FINALLY PASSED?

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

19. 080063 [Green Building Requirements] Mayor, Supervisors Peskin, Sandoval, Maxwell, Ammiano
Ordinance amending the San Francisco Building Code by adding Chapter 13C to impose green building requirements on (1) newly constructed Group R occupancy residential buildings, (2) newly constructed commercial buildings of Group B or M occupancies that are 5,000 gross square feet or more, (3) existing first-time build-outs of commercial interiors that are 25,000 gross square feet or more in area buildings of Group B or M occupancies, and (4) major alterations that are 25,000 gross square feet or more in existing buildings of Group B, M, or R occupancies, where interior finishes are removed and significant upgrades to structural and mechanical, electrical and/or plumbing systems are proposed; exempting (1) City projects, which are subject to Chapter 7 of the San Francisco Environment Code, (2) any new building in which laboratory use of any occupancy classification is the primary use, and (3) any building undergoing renovation in which the area of renovation will be primarily for laboratory use of any occupancy classification, and to authorize the Director of Building Inspection to grant an exemption from some of the requirements on the grounds of hardship or infeasibility and require the Director to grant an exemption if compliance would compromise the historical integrity of an historic structure; imposing additional requirements on demolitions and credits for the reuse of historic structures; providing that the requirements become operative 90 days after adoption if the California Energy Commission has approved it by that time; adopting findings, including environmental findings, and findings required by California Health and Safety Code Section 17958.5, and California Energy Code findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage.
7/22/2008, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Ammiano requested to be added as a co-sponsor.
7/22/2008, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

Board of Supervisors Sitting as a Committee of the Whole

20. 080650 [Creating an Historic Preservation Commission] Supervisors Peskin, Ammiano
Charter Amendment (Sixth Draft) to amend the Charter of the City and County of San Francisco by amending Section 4.105 and adding Section 4.135 to establish an Independent Historic Preservation Commission, appointed by the Mayor, subject to the approval of the Board of Supervisors and meeting certain specified qualifications, with authority to recommend approval, disapproval or modification to the Board of Supervisors of landmark, and significant or contributory building designations under the Planning Code and historical property contracts under Chapter 71 of the Administrative Code without referral to the Planning Commission; recommend approval, disapproval or modification to the Board of Supervisors of historic district and conservation district designations under the Planning Code with comment by the Planning Commission; approve, disapprove, or modify certificates of appropriateness to landmarks buildings or historic districts; approve, disapprove, or modify permits for major and minor alterations to significant or contributory buildings or conservation districts; recommend a Preservation Element of the General Plan to the Planning Commission; and take such other actions on matters as may be prescribed by ordinance; and establishing appeal provisions; requiring referral of certain matters; and establishing budget, fees and staffing provisions.
7/16/2008, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
7/16/2008, CONTINUED AS AMENDED. Cotninued to July 22, 2008 with the Board Sitting as a Committee of the Whole
7/22/2008, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
7/22/2008, CONTINUED AS AMENDED. Continued to July 29, 2008 with the Board Sitting as a Committee of the Whole
Question: Shall this Charter Amendment be SUBMITTED?

Board of Supervisors Sitting as a Committee of the Whole

21. 081030 [Payroll Expense Tax] Supervisors Peskin, Dufty
Ordinance submitting to the voters an ordinance amending the Business and Tax Regulations Code by (1) amending Section 902.1 and adding Section 902.2 to clarify the tax liability of "pass through entities" under the Payroll Expense Tax Ordinance, including partnerships, Subchapter S corporations, limited liability companies, limited liability partnerships and other persons or entities not subject to federal income tax or which are allowed a deduction in computing such tax for distributions to the owners or beneficiaries of such persons or entities and specifying safe harbor measure of taxable payroll expense for owners of pass through entity (200% of compensation for its most highly paid quartile of employees, provided entity has at least 4 employees); and (2) amending Section 905-A to increase the Small Business Tax Exemption to include all taxpayers whose taxable payroll expense is $250,000 or less.
7/22/2008, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Dufty requested to be added as a co-sponsor.
7/22/2008, PASSED ON FIRST READING AS AMENDED. July 29, 2008 the Board will sit as a Committee of the Whole to consider this matter passed on first reading as amended.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee
Present: Supervisors McGoldrick, Mirkarimi, Daly, Chu

22. 080882 [Lease of Real Property - 1449 Webster Street] Supervisor Mirkarimi
Resolution authorizing the lease of 3,900 sq. ft. at 1449 Webster Street for employment assistance programs.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

23. 080760 [Authorizing the execution and delivery of certificates of participation to finance health care, assisted living and/or other type of continuing care facility or facilities and related improvements located at 375 Laguna Honda Boulevard] Mayor
Resolution authorizing the execution and delivery of certificates of participation to finance the acquisition, demolition, improvement, installation, equipping, rehabilitation, construction and/or reconstruction of a health care, assisted living and/or other type of continuing care facility or facilities and related improvements located at 375 Laguna Honda Boulevard; approving the form of a trust agreement between the City and County of San Francisco and a trustee (including certain indemnities contained therein); authorizing the selection of a trustee; approving the form of a property lease between the City and a trustee relating to 375 Laguna Honda Boulevard; approving the form of a project lease between the City and a trustee (including certain indemnities contained therein); approving the form of an official notice of sale and notice of intention to sell for the certificates of participation, if sold by competitive sale; approving the execution of a Bond Purchase Contract and authorizing the appointment of underwriters relating to the certificates of participation, if sold by negotiated sale; approving the form of an official statement in preliminary and final form; approving the form of a continuing disclosure certificate; granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of the Certificates; approving modifications to documents; and ratifying previous actions taken in connection therewith.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

24. 080951 [Approving Tefra Hearing for The Institute on Aging Project] Supervisor McGoldrick
Resolution approving the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $50,000,000 to finance the construction, equipping and furnishing of facilities that will provide access to affordable health care and other support services for low income, frail older adults by The Institute on Aging.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

25. 081006 [Bond Sale of Clean and Safe Neighborhood Parks General Obligation Bonds - $45,000,000] Supervisor Elsbernd
Resolution authorizing and directing the sale of not to exceed $45,000,000 City and County of San Francisco General Obligation Bonds (Clean and Safe Neighborhood Parks Bonds, 2008) Series 2008B; prescribing the form and terms of said Bonds; authorizing the execution, authentication and registration of said Bonds; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of accounts related thereto; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form and execution of the Official Statement relating thereto; approving the form of the Continuing Disclosure Certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said Bonds.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

26. 081007 [Clean and Safe Neighborhood Parks General Obligation Bonds Issuance - $185,000,000] Supervisor Elsbernd
Resolution providing for the issuance of not to exceed $185,000,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Clean and Safe Neighborhood Parks, 2008); authorizing the execution, authentication and registration of said Bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of accounts related thereto; ratifying certain actions previously taken; and granting general authority to city officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said Bonds.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Chu, McGoldrick, Elsbernd

27. 080774 [DSW training and reporting and employee contact information] Supervisor Alioto-Pier
Ordinance requiring departments to update employee contact information and report annually on the status of required Disaster Service Worker Training.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Chu, Elsbernd

28. 080876 [Recurring FY 2008-2009 State grant funds to the Department of Public Health] Supervisor Alioto-Pier
Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health (DPH) for FY 2008-2009.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

From the City Operations and Neighborhood Services Committee Without Recommendation
Present: Supervisors Chu, McGoldrick, Elsbernd

29. 080594 [Prohibiting pharmacies from selling tobacco products] Mayor, Supervisors Peskin, McGoldrick
Ordinance amending the San Francisco Health Code by amending Section 1009.53 and adding Section 1009.60 and Article 19J, to prohibit pharmacies from selling tobacco products.
(No Economic Impact)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Peskin, Ammiano, Maxwell

30. 080283 [San Francisco Special Tax Financing Law] Supervisor Sandoval
Ordinance amending the San Francisco Administrative Code by adding Article 43.10, Sections 43.10.1 through 43.10.23, to enact the Special Tax Financing Law establishing procedures for the formation of special tax districts, the imposition of special taxes and the issuance of bonds secured by such special tax funds.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

31. 080823 [Establishment of floodplain management programs and designation of floodplain administrator] Supervisor Elsbernd
Ordinance establishing a floodplain management program by adding Article XX, Sections 2A.280 - 2A.285 to the San Francisco Administrative Code; designating the City Administrator as the floodplain administrator; and providing requirements for designating floodplains and for construction and development in floodplains.
Question: Shall this Ordinance be PASSED ON FIRST READING?

32. 080824 [Authorizing enrollment in National Flood Insurance Program] Supervisor Elsbernd
Resolution authorizing enrollment in the National Flood Insurance Program, providing assurances that the City, acting by and through the City Administrator, will implement a floodplain management program, and authorizing the City Administrator to take actions necessary to implement this resolution.
Question: Shall this Resolution be ADOPTED?

33. 080673 [San Francisco Public Utilities Commission Cross Connection Controls Project]
Resolution adopting Final Mitigated Negative Declaration, and adopting findings pursuant to the California Environmental Quality Act (CEQA), including the Mitigation Monitoring and Reporting Plan, related to use of appropriated funds for San Francisco Public Utilities Commission (SFPUC) Cross Connection Controls Project. (Public Utilities Commission)
Question: Shall this Resolution be ADOPTED?

From the Land Use Committee Without Recommendation
Present: Supervisors Maxwell, Sandoval

34. 080652 [Rental Subsidy Program for Low-Income Families] Supervisors Daly, Ammiano, Sandoval
Ordinance adding Sections 48.1 through 48.7 to the San Francisco Administrative Code creating the Rental Subsidy Program for Low-Income Families that establishes a need-based local housing subsidy for homeless families subject to the fiscal and budgetary provisions of the Charter.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules Committee
Present: Supervisors Daly, Dufty

35. 080826 [Menu Labeling at Chain Restaurants] Supervisor Ammiano
Ordinance amending Sections 468.2, 468.3, 468.4, 468.5, 468.6, and 468.8 of the San Francisco Health Code to (1) set rounding rules for disclosure of nutritional information, (2) allow nutritional information for pizzas to be listed per serving size, (3) allow chain restaurants to display the information required by Section 468.4 in brochures and booklets, (4) authorize the Director of the Department of Public Health to adopt rules and regulations to enforce these provisions, and (5) extend the deadlines for electronic reporting and disclosure on menus, food tags, and posters.
Question: Shall this Ordinance be PASSED ON FIRST READING?

(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.)

36. 080618 [Board of Supervisors Aides] Supervisor McGoldrick
Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by amending Section 2.117, to eliminate the reference to the number of staff members provided for members of the Board of Supervisors.
5/13/2008, SUBSTITUTED. Supervisor McGoldrick submitted a substitute charter amendment bearing new title.
Question: Shall this Charter Amendment be SUBMITTED?

SPECIAL ORDER 3:00 P.M.

37. 081046 [Public Hearing - Report of Assessment Costs for Sidewalk and Curb Repairs]
Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund.
Action:___________________________

38. 081047 [Report of assessment costs for sidewalk and curb repairs]
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund.
Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

39. 080913 [Hearing - Broadway Entertainment Corridor Community Benefit District]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Broadway Entertainment Corridor Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for ten years, commencing with fiscal year 2008-2009, subject to conditions as specified, and making environmental findings.
Action:___________________________

40. 080914 [Resolution to establish the Broadway Entertainment Corridor Community Benefit District] Supervisor Peskin
Resolution establishing a property-based business improvement district to be known as the "Broadway Entertainment Corridor Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for ten years, commencing with fiscal year 2008-2009, subject to conditions as specified, and making environmental findings.
Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

41. 080916 [Hearing - Yerba Buena Community Benefit District]
Hearing of persons interested in or objecting to resolution establishing a property-based business improvement district to be known as the "Yerba Buena Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for seven years, commencing with fiscal year 2008-2009, subject to conditions as specified, and making environmental findings.
Action:___________________________

42. 080917 [Resolution to establish the Yerba Buena Community Benefit District] Mayor
Resolution establishing a property-based business improvement district to be known as the "Yerba Buena Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for seven years, commencing with fiscal year 2008-2009, subject to conditions as specified, and making environmental findings.
Question: Shall this Resolution be ADOPTED?

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

43. 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
3/11/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to March 25, 2008
3/25/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to April 22, 2008
4/22/2008, CONTINUED. Continued to May 20, 2008
5/20/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to June 3, 2008
6/3/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to June 24, 2008
6/24/2008, CONTINUED. Continued to July 29, 2008 at a Special Order at 3:30 pm. Motion to waive Board Rule 4.29 was approved without objection.
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.)

44. 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
3/11/2008, CONTINUED. Continued to March 25, 2008
3/25/2008, CONTINUED. Continued to April 22, 2008
4/22/2008, CONTINUED. Continued to May 20, 2008
5/20/2008, CONTINUED. Continued to June 3, 2008
6/3/2008, CONTINUED. Continued to June 24, 2008
6/24/2008, CONTINUED. Continued to July 29, 2008 at a Special Order at 3:30 pm. Motion to waive Board Rule 4.29 was approved without objection.
Question: Shall this Motion be APPROVED?

45. 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
3/11/2008, CONTINUED. Continued to March 25, 2008
3/25/2008, CONTINUED. Continued to April 22, 2008
4/22/2008, CONTINUED. Continued to May 20, 2008
5/20/2008, CONTINUED. Continued to June 3, 2008
6/3/2008, CONTINUED. Continued to June 24, 2008
6/24/2008, CONTINUED. Continued to July 29, 2008 at a Special Order at 3:30 pm. Motion to waive Board Rule 4.29 was approved without objection.
Question: Shall this Motion be APPROVED?

46. 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
3/11/2008, CONTINUED. Continued to March 25, 2008
3/25/2008, CONTINUED. Continued to April 22, 2008
4/22/2008, CONTINUED. Continued to May 20, 2008
5/20/2008, CONTINUED. Continued to June 3, 2008
6/3/2008, CONTINUED. Continued to June 24, 2008
6/24/2008, CONTINUED. Continued to July 29, 2008 at a Special Order at 3:30 pm. Motion to waive Board Rule 4.29 was approved without objection.
Question: Shall this Motion be APPROVED?

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.

47. 070967 [Public Hearing - Appeal of Minor Sidewalk Encroachment for 1166 Haight Street]
Hearing of persons interested in or objecting to the decision of the Department of Public Works, by its letter dated June 13, 2007, approving a request of Minor Sidewalk Encroachment Permit to construct a warped driveway ramp and two (2) planter boxes to encroach 3'-0" into the public sidewalk right-of-way (25% of the sidewalk width as allowed by Article 15, Section 723.2 of the Public Works Code) fronting the property at 1166 Haight Street to provide access to a proposed garage below grade. (Appellant: Raquel Fox.)
(Filed June 28, 2007; companion measure to Files 070968, 070969; District 5.)

7/24/2007, CONTINUED. The President inquired as to whether any member of public wished to address the Board Members. Continued to September 11, 2007
9/11/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to October 16, 2007
10/16/2007, CONTINUED. The President of the Board 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 January 15, 2008
1/15/2008, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to March 18, 2008
3/18/2008, CONTINUED. Continued to April 29, 2008
4/29/2008, CONTINUED. Continued to July 29, 2008
Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the minor sidewalk encroachment permit appeal 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.)

48. 070968 [Minor Sidewalk Encroachment Permit Appeal for 1166 Haight Street]
Motion disapproving the decision of the Director of Public Works' approval of a Minor Sidewalk Encroachment Permit at 1166 Haight Street and denying the Encroachment Permit.
7/24/2007, CONTINUED. Continued to September 11, 2007
9/11/2007, CONTINUED. Continued to October 16, 2007
10/16/2007, CONTINUED. Continued to October 30, 2007
10/30/2007, CONTINUED. Continued to January 15, 2008
1/15/2008, CONTINUED. Continued to March 18, 2008
3/18/2008, CONTINUED. Continued to April 29, 2008
4/29/2008, CONTINUED. Continued to July 29, 2008
Question: Shall this Motion be APPROVED?

49. 070969 [Minor Sidewalk Encroachment Permit Appeal for 1166 Haight Street]
Motion approving the decision of the Director of Public Works' approval of a Minor Sidewalk Encroachment Permit at 1166 Haight Street and denying the appeal.
7/24/2007, CONTINUED. Continued to September 11, 2007
9/11/2007, CONTINUED. Continued to October 16, 2007
10/16/2007, CONTINUED. Continued to October 30, 2007
10/30/2007, CONTINUED. Continued to January 15, 2008
1/15/2008, CONTINUED. Continued to March 18, 2008
3/18/2008, CONTINUED. Continued to April 29, 2008
4/29/2008, CONTINUED. Continued to July 29, 2008
Question: Shall this Motion be APPROVED?

SPECIAL ORDER 4:00 P.M.

50. 080906 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for AT&T "Lightspeed" Telecommunications Network Upgrade]
Hearing of persons interested in or objecting to the decision of the Planning Department dated June 13, 2008, Case No. 2007.1350E, exempting from environmental review under Categorical Exemption, Class 3 [State CEQA Guidelines Section 15303(d)]. Under the project, AT&T proposes to install up to 850 metal telecommunications cabinets, each measuring approximately 48-inches high, 50-inches wide and 26-inches deep, in the public right-of-way. In addition, AT&T would enlarge some of its existing Serving Area Interface (SAI) cabinets that are now located in the public right-of-way throughout the City. (Appellant: David Crommie on behalf of Cole Valley Improvement Association.)
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.)

51. 080907 [Affirming the categorical exemption issued for the AT&T "Lightspeed" Telecommunications Network Upgrade project]
Motion affirming the determination by the Planning Department that the AT&T "Lightspeed" Telecommunications Network Upgrade project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

52. 080908 [Disapproving the categorical exemption issued for the AT&T "Lightspeed" Telecommunications Network Upgrade project]
Motion disapproving the determination by the Planning Department that the AT&T "Lightspeed" Telecommunications Network Upgrade project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

53. 080909 [Preparation of findings related to the AT&T "Lightspeed" Telecommunications Network Upgrade 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 AT&T "Lightspeed" Telecommunications Network Upgrade is exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Budget and Finance Committee at a Special Meeting on Tuesday, July 29, 2008 at 11:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, July 29, 2008.

54. 080484 [Sublease of Real Property at 555 Polk Street] Mayor
Resolution authorizing the sublease of 9,000 square feet of office space in the building located at 555 Polk Street for the Community Justice Center through the Department of Public Health.
(Fiscal Impact.)

5/20/2008, CALLED FROM COMMITTEE. Pursuant to Rule 5.31.1 Supervisors Dufty, Elsbernd, Maxwell and Alioto-Pier called this measure from Budget and Finance Committee.
6/10/2008, RE-REFERRED to Budget and Finance Committee.
Question: Shall this Resolution be ADOPTED?

The following items will be considered by the Rules Committee at a Special Meeting on Tuesday,
July 29, 2008 at 8:30 a.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, July 29, 2008.

55. 080987 [Appointment, Ballot Simplification Committee - Adele Fasick]
Hearing to consider appointing one member to the Ballot Simplification Committee.
1 seat being considered
Vacant seat, succeeding Suzanne Stassevitch, seat 3, term expired, must represent the League of Women Voters of San Francisco, for the unexpired portion of a three-year term ending November 30, 2008.

Action:___________________________

56. 080977 [Appointment, Public Utilities Commission - Ann Moller Caen]
Motion confirming the Mayor's appointment of Ann Moller Caen to the Public Utilities Commission, Seat 3, for the term ending August 1, 2012. (Mayor)
Question: Shall this Motion be APPROVED?

57. 080978 [Appointment, Public Utilities Commission - Ann Moller Caen]
Motion rejecting the Mayor's appointment of Ann Moller Caen to the Public Utilities Commission, Seat 3, for the term ending August 1, 2012. (Mayor)
Question: Shall this Motion be APPROVED?

58. 080979 [Appointment, Public Utilities Commission - Richard Sklar]
Motion confirming the Mayor's appointment of Richard Sklar to the Public Utilities Commission, Seat 4, for the term ending August 1, 2010. (Mayor)
Question: Shall this Motion be APPROVED?

59. 080980 [Appointment, Public Utilities Commission - Richard Sklar]
Motion rejecting the Mayor's appointment of Richard Sklar to the Public Utilities Commission, Seat 4, for the term ending August 1, 2010. (Mayor)
Question: Shall this Motion be APPROVED?

60. 080981 [Appointment, Public Utilities Commission - Francis X. Crowley]
Motion confirming the Mayor's appointment of Francis X. Crowley to the Public Utilities Commission, Seat 5, for the term ending August 1, 2012. (Mayor)
Question: Shall this Motion be APPROVED?

61. 080982 [Appointment, Public Utilities Commission - Francis X. Crowley]
Motion rejecting the Mayor's appointment of Francis X. Crowley to the Public Utilities Commission, Seat 5, for the term ending August 1, 2012. (Mayor)
Question: Shall this Motion be APPROVED?

62. 080983 [Appointment, Public Utilities Commission - Nora Vargas]
Motion confirming the Mayor's appointment of Nora Vargas to the Public Utilities Commission, Seat 2, for the term ending August 1, 2010. (Mayor)
Question: Shall this Motion be APPROVED?

63. 080984 [Appointment, Public Utilities Commission - Nora Vargas]
Motion rejecting the Mayor's appointment of Nora Vargas to the Public Utilities Commission, Seat 2, for the term ending August 1, 2010. (Mayor)
Question: Shall this Motion be APPROVED?

64. 080985 [Appointment, Public Utilities Commission - Francesca Vietor]
Motion confirming the Mayor's appointment of Francesca Vietor to the Public Utilities Commission, Seat 1, for the term ending August 1, 2012. (Mayor)
Question: Shall this Motion be APPROVED?

65. 080986 [Appointment, Public Utilities Commission - Francesca Vietor]
Motion rejecting the Mayor's appointment of Francesca Vietor to the Public Utilities Commission, Seat 1, for the term ending August 1, 2012. (Mayor)
Question: Shall this Motion be APPROVED?

66. 080821 [Residential Rent Ordinance, defining and prohibiting tenant harassment and providing remedies of rent reduction, criminal and civil penalties] Supervisor Daly
Motion ordering submitted to the voters an ordinance concerning tenant rights and remedies against harassment under the City's residential rent ordinance, at an election to be held on November 4, 2008.
6/17/2008, SUBSTITUTED. Supervisor Daly submitted a substitute motion bearing new title.
Question: Shall this Motion be APPROVED?

67. 080709 [Settlement of City's Lawsuit Against Defendant Coral Energy Resources, L.P. - $277,000]
Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against defendant Coral Energy Resources, L.P.; the lawsuit entitled City and County of San Francisco v. Sempra Energy, et al. (JCCP No. 4221-00023) was filed on June 8, 2004, and has been coordinated as Natural Gas Anti-Trust Cases I, II, III & IV in the Superior Court of the State of California for the County of San Diego (JCCP Nos. 4221, 4224, 4226, and 4228); the settlement provides approximately $277,000 to the City from defendant Coral Energy Resources, L.P. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

68. 080710 [Settlement of City's Lawsuit Against Defendants Reliant Energy Services, Inc., Reliant Energy, Inc. (f/k/a Reliant Resources, Inc.), and Mary Kathleen Zanaboni - $297,500]
Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against defendants Reliant Energy Services, Inc., Reliant Energy, Inc. (f/k/a Reliant Resources, Inc.), and Mary Kathleen Zanaboni ("Reliant"); the lawsuit entitled City and County of San Francisco v. Sempra Energy, et al. (JCCP No. 4221-00023) was filed on June 8, 2004, and has been coordinated as Natural Gas Anti-Trust Cases I, II, III & IV in the Superior Court of the State of California for the County of San Diego (JCCP Nos. 4221, 4224, 4226, and 4228); the settlement provides approximately $297,500 to the City from the Reliant defendants. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

69. 080896 [Settlement of Lawsuit - City and County of San Francisco, et al., v. Pravin Dahy Abhai Patel, et al.]
Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco and the People of the State of California, by and through Dennis J. Herrera, City Attorney for the City and County of San Francisco, against Pravin Dahy Abhai Patel, George Patel, and Sanjay Patel in exchange for an agreement to rescind the notice of withdrawal submitted pursuant to Government Code section 7060(a); the lawsuit was filed on July 12, 2006, in San Francisco Superior Court, Case No. CGC- 06-454092; entitled City and County of San Francisco, et al., v. Pravin Dahy Abhai Patel, et al; other material terms of said settlement are set forth in the Settlement Agreement contained in Board of Supervisors File No. 080896. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

70. 080897 [Settlement of Lawsuit - Schram Construction, Inc. - $722,104.09]
Ordinance authorizing settlement of the lawsuit filed by Schram Construction, Inc. ("Schram") against the City and County of San Francisco (the "City") seeking $1,000,000; the lawsuit was filed on June 23, 2006 in the Superior Court of the City and County of San Francisco, Case No.CGC-06-453479, entitled Schram Construction, Inc., v. City and County of San Francisco; other material terms of said settlement are: 1) The City will pay a total of $722,104.09 to Schram; 2) Schram will indemnify the City against potential legal claims and/or lawsuits from subcontractors and suppliers; 3) All warranties not yet expired will remain in full force and effect; and 4) The City reserves all rights relating to latent defects. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

71. 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.

72. 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.

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.

73. 081039 [Accept-Expend Regional Grant - $16,100] Supervisor Chu
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $16,100.00 from Altamont Education Advisory Board to expand recycling and lunchroom composting programs at schools in San Francisco.
7/22/2008, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

74. 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 July 15, 2008 to July 21, 2008, for reference by President to appropriate committee on July 29, 2008.
None.

PROPOSED RESOLUTIONS
Proposed resolutions received from July 15, 2008 to July 21, 2008, for reference by President to appropriate committee on July 29, 2008.

081023 [Board Review and Approval of 2008 U.S. Department of Housing and Urban Development Continuum of Care Programs Application]
Resolution approving the City and County of San Francisco 2008 grant Application for the United States Department of Housing and Urban Development Continuum of Care Programs and fulfilling the San Francisco Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. (Human Services Department)
7/17/2008, RECEIVED AND ASSIGNED to Budget and Finance Committee.

081026 [Approval of the 12-month cost extension application for HIV prevention projects for 2008]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to submit a 12-month cost extension application in order to continue to receive funding for the HIV prevention Projects grant from the Centers for Disease Control and Prevention (CDC); in the amount of approximately $8,800,000 in HIV prevention funding for San Francisco, extending the project period from December 31, 2008 to December 31, 2009. (Public Health Department)
7/18/2008, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

081027 [Clean Renewable Energy Bonds]
Resolution approving the issuance of not to exceed $6,325,000 aggregate principal amount of clean renewable energy bonds to be issued by the Public Utilities Commission of the City and County of San Francisco (the "Commission"); approving the execution and delivery by the Commission of a Master Equipment Lease/Purchase Agreement, an Acquisition Fund and Account Control Agreement, and a Bond Purchase Agreement; and authorizing the taking of appropriate actions in connection therewith; and related matters. (Public Utilities Commission)
7/21/2008, RECEIVED AND ASSIGNED to Budget and Finance Committee.

080474 [Petitions and Communications]
Petitions and Communications received from July 15, 2008 through July 21, 2008 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on July 29 2008.

From various City Departments, submitting Human Rights Commission - Wavier Request form:(1)
Police Department
Police Academy
Public Health

From various City Departments, submitting list of sole source contracts entered into during fiscal year 2007-2008:(2)
Ethics Commission
Department on the Status of Women
Law Library
Asian Art Museum
Juvenile Probation Department
Office of Citizen Complaints
Office of the Sheriff
War Memorial and Performing Arts Center
Office of District Attorney

From Office of the Clerk of the Board, submitting notification of receiving a report from the Civil Grand Jury regarding "A year of five elections for the City and County of San Francisco."(3)

From Office of the Clerk of the Board, regarding Mayor Newsom's appointments to various Boards and Commissions.(4)

From Department of Elections, regarding certification for petition for San Francisco Public High School Students' Participation in the Junior Reserve Officers' Training Corps (JROTC).(5)

From Office of Contract Administration, regarding communicating to vendors to stop the use of Styrofoam packaging. (Reference 20080513-010)(6)

From Supervisor Daly, regarding Mayor Newsom's proposed Charter Amendment on policy regarding budget set-asides. File 080651, Copy: Each Supervisor.(7)

From concerned citizens, commenting on the proposed ordinance regarding transforming the San Francisco Zoo as a rescue institution and establishing an animal welfare oversight committee. File 080818, Copy: Each Supervisor, approximately 41 letters.(8)

From concerned citizens, commenting on the appeal of determination of exemption from environmental review for AT&T "Lightspeed" telecommunications network upgrade. File 080906, Copy: Each Supervisor, 25 letters.(9)

From concerned citizens, commenting on the proposed ordinance to prohibit smoke in enclosed areas, certain unenclosed areas, and sports stadiums. File 080438, Copy: Each Supervisor, 2 letters.(10)

From Library Citizens Advisory Committee, submitting budget resolution. File 080725, Copy: Each Supervisor, 2 letters.(11)

From UFCW Local 648, submitting opposition to the proposed ordinance to prohibit pharmacies from selling tobacco products. File 080594.(12)

From Parkmerced Residents Organization, submitting support on various Board legislation. File 080650, 080821, 080647, & 080638, Copy: Each Supervisor.(13)

From Local Homeless Coordinating Board, regarding the proposed ordinance on consolidated budget and annual appropriation, fiscal year 2008-2009. File 080725, Copy: Each Supervisor.(14)

From Beth C. Seligman, submitting support of the re-appointment of Christine Garcia on the Animal Control & Welfare Commission. File 080972, Copy: Each Supervisor.(15)

From concerned citizens, commenting on the proposed ordinance regarding Public Library Fees. File 080749, Copy: Each Supervisor, 84 letters.(16)

From Hamilton Family Center, opposing to the Rental Subsidy Program for low-income families. File 080652, Copy: Each Supervisor, 2 letters.(17)

From concerned citizens, commenting on the economic impact analysis of proposed daytime street closure. File 081013, Copy: Each Supervisor, 4 letters.(18)

From concerned citizens, submitting a copy of a letter to the Unified School District regarding senior citizen homeowner exemption application form.(19)

From Examiner, regarding legal advertising not publishing on July 13, 2008.(20)

From Sunset-Parkside Education and Action Committee, urging the Board to approve the resolution adopted by the Coalition for San Francisco Neighborhoods regarding creating the Office of Independent Ratepayer Advocate. Copy: Each Supervisor.(21)

From John Jenkel, submitting article from Abuse News #3729.(22)

From James Chafffee, commenting on the Board of Supervisors Meetings on July 15, and July16, 2008.(23)

From Tom & Kiki Stack, commenting on renaming Speedway Meadows.(24)

From Kimo Crossman, submitting various articles about MoveOn and other netroots developments.(25)

From concerned citizens, commenting on the Office of the Clerk of the Board's redaction policy. 2 letters.(26)

From Alvin Johnson, submitting a letter from March 13, 2007 regarding IS reclassification system.(27)

From concerned citizen, commenting on renaming Oceanside sewage plant after the current president. 2 letters.(28)

From Department of Public Health, forwarding a letter from Romana Hobeck-Sinegal supporting any ban on smoking in the City.(29)

From Lee Doolan, submitting an article from www.msnbc.com regarding Chicago Police operation designed to promote crosswalk safety. Copy: Each Supervisor.(30)
From Department of Elections, regarding certification for petition for renaming the Oceanside Water Pollution Control Plant to the George W Bush Sewage Plant. Copy: Each Supervisor.(31)
From Department of Elections, regarding certification for petition for enforcement of laws related to prostitution and sex workers. Copy: Each Supervisor.(32)

From Mayor Newsom, designating Supervisor Alioto-Pier as Acting-Mayor from 8:35am on Saturday, July 19, 2008 until 8:35pm on Sunday, July 20, 2008. Copy: Each Supervisor.(33)

From Police Department, responding to Supervisor Mirkarimi's request for an itemized report of citations issued for various classes of moving traffic violations on a monthly basis. (Reference 20080617-008) Copy: Supervisor Mirkarimi.(34)

From Department of Public Works, regarding status on removing graffiti from newsstands at various locations in District 5. (Reference 20080520-12)(35)

From Lee Mentley, submitting an article regarding "Census Won't Count Gay Marriages."(36)

From Christian Holmer, regarding an immediate disclosure request from the Mayor's Office.(37)

From Casey Allen, regarding bicycle hearing at City Hall.(38)

From William Hickey, commenting on various issues regarding the City. Copy: Each Supervisor.(39)

From Richard Schmale, commenting on Santa Cruz's anti-smoking law. Copy: Supervisor Daly.(40)

From Planning Department, submitting a hard copy and a CD copy of the 55 Laguna Mixed Use Project - Final Environmental Impact Report.(41)

From Department of Public Works, regarding status of removing graffiti from utility poles at various locations in District 5. (Reference 20080520-013)(42)

From concerned citizens, opposing to name a sewage plant for President George Bush, 2 letters.(43)
From concerned citizens, supporting the San Francisco Clean Energy Act. File 080648, Copy: Each Supervisor, 4 letters.(44)
From Steve Hoffman, submitting a copy of a letter from USA TODAY regarding permit fee increase. File 080765, Copy: Each Supervisor.(45)
From concerned citizens, regarding sanctuary in San Francisco. Copy: Supervisor Daly, 5 letters.(46)
From Patrick Monette Shaw, regarding an article published on the Fog City Journal website, entitled Management Salaries Drown San Francisco.(47)
From Health Commission, submitting a resolution supporting rebuilding the San Francisco General Hospital and Trauma Center general obligation bond and a resolution endorsing the proposed ordinance to prohibit pharmacies from selling tobacco products. File 080866.(48)
From Ted Strawser, submitting a copy of an email to City Attorney, regarding bike injunction on the website.(49)
From Martin Winderl, submitting a copy of a letter to Recreation and Park General Manager, Yomi Agunbiade, regarding demand for storm damages on January 2-3, 2008.(50)
From Elliott Robbins, submitting resignation as District 2 representative on the Park, Recreation and Open Space Advisory Committee.(51)
From a concerned citizen, regarding funding of the Haight Asbury Free Clinics.(52)
APPOINTMENTS BY THE MAYOR
Rent Board
Dave Crow

Taxi Commission
James Slaughter

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 and legislative files (which contain documents submitted after the distribution of the agenda packet) are available at the Board of Supervisors, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Agendas are available on the Internet at www.sfgov.org/site/bos_meetingsFor 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.

Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701

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: 9/11/2014 11:05:35 AM