To view graphic version of this page, refresh this page (F5)

Skip to page body

May 05, 2009

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, May 5, 2009
2:00 PM

Regular Meeting


DAVID CHIU, PRESIDENT
MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI

Angela Calvillo, Clerk of the Board


ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES
Approval of the April 7, 2009, Board Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

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

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

Items 1 through 8

Recommendations of the Budget and Finance Subcommittee
Present: Supervisors Avalos, Chu, Campos

1. 090418 [Waiver of fee for temporary farmers' market in Noe Valley from April 14, 2009, through September 29, 2009] Supervisor Dufty
Ordinance waiving the fees in San Francisco Business and Tax Regulations Code Sections 35 and 248 and in San Francisco Administrative Code Section 1.10-1 for a farmers' market to be held at 3950 24th Street from April 14, 2009, through September 29, 2009.
4/14/2009, SUBSTITUTED. Supervisor Dufty submitted a substitute ordinance bearing new title.
4/28/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

2. 090404 [Certificates of Participation for Street Improvements - $42,000,000] Mayor
Ordinance authorizing the execution and delivery of Certificates of Participation in an aggregate principal amount not to exceed $42,000,000 to finance the acquisition, construction, improvement and installation of certain street improvements; approving the form of a First Supplement to Trust Agreement between the City and County of San Francisco and the Trustee named therein (including certain indemnities contained therein); approving the form of a First Supplement to Project Lease between the City and the Trustee relating to the real property and improvements located at 375 Laguna Honda Boulevard; 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; authorizing certain actions 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 of Participation; approving modifications to documents; and ratifying previous actions taken in connection therewith.
(Fiscal Impact.)

4/28/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the City Operations and Neighborhood Services Committee
Present: Supervisors Dufty, Daly, Chiu

3. 090323 [Approval of Software License and Software Maintenance contracts between the Department of Public Health and Philips Healthcare] Supervisor Dufty
Resolution authorizing the Department of Public Health to enter into a Software License and Software Maintenance contract with Philips Healthcare.
Question: Shall this Resolution be ADOPTED?

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

4. 090211 [Planning Code-Amending Appendix C to Article 11 Regarding 608 Folsom Street]
Ordinance amending the designation of 608 Folsom Street (Assessor's Block 3735, Lot 009) from Category V (Unrated) to Category III (Contributory) under Planning Code Article 11; and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Commission)
4/28/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

5. 090225 [Residential Water Conservation Ordinance Amendments] Mayor, Supervisor Maxwell
Ordinance amending Chapter 12A of the San Francisco Housing Code to achieve water conservation by improving the water efficiency of residential buildings by amending the standards for water closets, showerheads, and faucet aerators and requiring leak repair in all residential buildings, except for tourist hotels and motels, required upon the occurrence of specific events, amending Chapter 12A to allow an exemption to preserve historical integrity, amending Chapter 12 and 12 A to allow paper and/or electronic forms for compliance and providing that compliance records may be available via the internet, amending Section 1211 to clarify that domestic partners are entitled to the same exemptions from the definition of transfers as spouses, amending the Section 1216 fee provision for energy conservation compliance to include water conservation compliance, and providing that this ordinance shall be effective no earlier than July 1, 2009.
4/14/2009, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title.
4/28/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

6. 090226 [Commercial Water Conservation Ordinance Amendments] Mayor, Supervisor Maxwell
Ordinance amending Chapter 13A of the San Francisco Building Code to achieve water conservation by improving the water efficiency of commercial buildings by changing the standards for water closets, urinals, showerheads and faucet aerators and requiring leak repair, required upon the occurrence of major additions or improvements, and in all defined commercial buildings no later than January 1, 2017, authorizing an exemption to preserve historical integrity of the building, authorizing paper and/or electronic forms for compliance and providing that compliance records may be available via the internet, providing that reasonable fees may be required to pay for the cost of implementing this Chapter, to be established by subsequent Board action, and providing that this ordinance shall be effective no earlier than July 1, 2009.
4/14/2009, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title.
4/28/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee
Present: Supervisors Daly, Chu, Campos

7. 090354 [Settlement of Lawsuit - State of California, Department of Alcohol and Drug Programs - $604,354]
Ordinance authorizing settlement of the administrative action filed by the State of California, Department of Alcohol and Drug Programs against the City and County of San Francisco for $604,354; the administrative action was initiated on March 20, 2008, in the California Office of Administrative Hearings, Case Nos. SACPA 02/03-38 and 03/04-38, OAH No. 2008070346 entitled In the Matter of the Audit of the City and County of San Francisco, Substance Abuse and Crime Prevention Act. (City Attorney)
4/28/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

8. 090385 [Settlement of Lawsuit - Robert Cruz and Darwin Dias - $92,000]
Ordinance authorizing settlement of the lawsuit filed by Robert Cruz and Darwin Dias against the City and County of San Francisco for $92,000; the lawsuit was filed on January 14, 2008, in the United States District Court, Northern District of California, Case No. 08-0244; entitled Robert Cruz, et al. v. City and County of San Francisco, et al. (City Attorney)
4/28/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Budget and Finance Subcommittee Without Recommendation
Present: Supervisors Avalos, Chu, Campos

9. 090093 [Solar Energy Agreements with Recurrent Energy] Mayor, Supervisors Chu, Dufty, Alioto-Pier, Mar
Ordinance approving a 25-Year Power Purchase Agreement and Site Lease Agreement with RE-SFCITY1, LP (Recurrent), a wholly owned subsidiary of Recurrent Energy, to finance, construct, own, operate, and maintain a solar photovoltaic power plant on the rooftop of the North Storage Basin Reservoir and certain adjacent land on the Sunset Reservoir property located at the intersection of 24th Avenue and Ortega Street, San Francisco, and to sell all electricity generated by the project to the City acting through its Public Utilities Commission.
(Fiscal Impact.)
(Supervisor Campos dissented in Committee.)

4/28/2009, CONTINUED ON FIRST READING. Supervisors Alioto-Pier and Mar requested to be added as co-sponsors. Continued to May 5, 2009.
Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendations of the Budget and Finance Subcommittee
Present: Supervisors Avalos, Mirkarimi, Chu

10. 090076 [Administrative Code - Establishing Fees under the Community Preservation and Blight Reduction Act] Supervisor Avalos
Ordinance amending the San Francisco Administrative Code Chapter 80, Section 80.4, to authorize the Department of Public Works to charge a fee of $250 to cover the cost of inspecting blighted properties and to charge an increased fee to recover additional inspection costs incurred in enforcement of the Community Preservation and Blight Reduction Act; amending Section 80.8 to clarify that the Blight Abatement Fund is a Category Six special fund within the meaning of Administrative Code Title XIII, Section 10.100-1; and making environmental findings. (Public Works Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 090287 [State Video Franchise Holders] Supervisor Mirkarimi
Ordinance amending the San Francisco Administrative Code by: (1) amending Section 11.1 and adding Section 11.28-A, to establish a fee for state video franchise holders offering services in San Francisco to support public, educational, and government channel facilities and activities; and (2) amending Section 11.1 and adding Section 11.83-A, to establish penalties for violation of customer service and consumer protection standards by state video franchise holders.
(Supervisor Chu dissented in Committee.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 090356 [Agreement to Sell the Dolores Hotel Located at 35-37 Woodward Street]
Resolution approving and authorizing the execution and performance of an Agreement For Sale of Real Estate relating to the property commonly known as the Dolores Hotel and located at 35-37 Woodward Street; adopting findings that the sale is exempt from Environmental Review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property and the Director of the Mayor's Office of Housing to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Real Estate Department)
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the City Operations and Neighborhood Services Committee
Present: Supervisors Dufty, Alioto-Pier, Chiu

13. 080322 [Prohibition on loitering outside nightclubs] Mayor, Supervisor Maxwell
Ordinance amending the San Francisco Police Code by adding Section 121, to prohibit loitering outside nightclubs.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

14. 090286 [Amending provisions of Chapter 18 of the Administrative Code to specify enforcement and consolidate reporting requirements] Supervisor Mirkarimi
Ordinance adopting and implementing amendments to Secs. 18.13-1 and 18.13-5 of the San Francisco Administrative Code.
Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 081095 [Board of Supervisors response to the 2007-2008 Civil Grand Jury Report entitled "The homeless have homes, but they are still on the street"] Supervisor Mirkarimi
Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2007-2008 Civil Grand Jury Report entitled  The homeless have homes, but they are still on the street.
Question: Shall this Resolution be ADOPTED?

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

16. 090210 [Zoning Map Amendment - 2400 Irving Street]
Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco by amending Sheet ZN05 and Sheet SU05 to change the zoning classification of the northern portion of the property located at 2400 Irving Street, Block 1725, Assessor's Lot No. 053, from RH-2 (Residential House, Two-Family) to NC-2 (Small-Scale Neighborhood Commercial District) and include it within the Irving Street Restaurant & Fast Food Restricted Use SUD; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and Priorities of Planning Code Section 101.1(b). (Planning Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 090469 [Green Building Ordinance - Finding of Cost Effectiveness and Energy Savings] Mayor
Resolution adopting a finding by the Board of Supervisors, required by State law, that the City's Green Building Ordinance (Chapter 13C of the San Francisco Building Code) is cost effective and will save more energy than the 2008 California Building Efficiency Standards that will go into effect throughout the State of California on August 1, 2009, and directing the Department of Building Inspection or other appropriate City staff to cause the Green Building Ordinance, this resolution, and the supporting study to be transmitted to the California Energy Commission for its review and re-approval.
Question: Shall this Resolution be ADOPTED?

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

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Government Audit and Oversight Committee at a Regular Meeting on April 30, 2009, at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, May 5, 2009.

18. 090329 [Recreation and Park Department - Sharp Park] Supervisor Mirkarimi
Ordinance amending San Francisco Park Code Article 3 by adding Section 3.20, to require the Recreation and Park Department to develop a plan, schedule and budget for restoring Sharp Park habitat for the California red-legged frog and the San Francisco garter snake in conformance with the requirements of the Endangered Species Act, and transferring Sharp Park to, or developing a joint management agreement with, the Golden Gate National Recreation Area and making environmental findings.
(Fiscal Impact.)

4/7/2009, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title.
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 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.

20. 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.

Items 21 through 37

21. 090482 [Opposing Proposition 1D on the May 19, 2009, Statewide Special Election] Supervisors Avalos, Mar
Resolution opposing Proposition 1D on the May 19, 2009, Statewide Special Election.
4/21/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
4/28/2009, CONTINUED. Supervisor Mar requested to be added as a co-sponsor. Continued to May 5, 2009.
Question: Shall this Resolution be ADOPTED?

22. 090486 [Drug Enforcement Administration (DEA) raids on medical cannabis dispensaries] Supervisors Campos, Mirkarimi, Mar, Avalos
Resolution urging a cessation of recent Drug Enforcement Administration raids on medical cannabis dispensaries.
4/21/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
4/28/2009, CONTINUED. Supervisors Mirkarimi, Mar, and Avalos requested to be added as co-sponsors. Continued to May 5, 2009.
Question: Shall this Resolution be ADOPTED?

23. 090528 [Declaring May 12, 2009, as John Ross Day] Supervisor Avalos
Resolution commending John Ross for his service to San Francisco over the past 45 years as a writer, poet, journalist, speaker, teacher, and community organizer, and declaring May 12, 2009, to be John Ross Day.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

24. 090530 [Municipal Clerks Week - May 3-9, 2009] Supervisors Chiu, Alioto-Pier, Avalos, Campos, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
Resolution declaring May 3-9, 2009, as Municipal Clerks Week in the City and County of San Francisco, hereby recognizing the vital services performed by Municipal Clerks and especially by the City and County of San Francisco Board of Supervisors Clerk of the Board, Angela Calvillo, and her staff.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

25. 090531 [Declaring May 2009 as Hepatitis B Awareness Month] Supervisors Chiu, Alioto-Pier, Chu, Maxwell
Resolution declaring May 2009 as Hepatitis B awareness month in San Francisco, with the goal of holding at least one Hepatitis B awareness or prevention event every day of the month; build on continuing efforts by the San Francisco community to make San Francisco the first city in America to be free of Hepatitis B disease; encouraging all San Francisco residents to know their own Hepatitis B status.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

26. 090532 [Supporting Senate Bill 782, Residential tenancies: domestic violence] Supervisor Chu
Resolution supporting Senate Bill 782 to provide stable, safe housing for victims of domestic violence, sexual assault or stalking.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

27. 090533 [Urging Golden Gate National Recreation Area (GGNRA) to consider needs of Ocean Beach] Supervisors Chu, Mar, Elsbernd
Resolution urging the Golden Gate National Recreation Area (GGNRA) to consider needs of Ocean Beach when allocating $16.1 million it has received in American Recovery and Reinvestment Act funds as well as future allotments of Federal funding.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 090534 [Mortgage Revenue Bonds] Supervisor Daly
Resolution declaring the intent of the City and County of San Francisco (the  City ) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the  Director ) to submit an application and related documents to the California Debt Limit Allocations Committee ( CDLAC ) to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $12,000,000 for Arlington Residence; authorizing and directing the Director to direct the Controller's Office to hold in trust an amount not to exceed $60,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $12,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein).
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 090535 [Declaring Van Ness Avenue and Geary Boulevard Bus Rapid Transits as San Francisco's Top Federal Small Starts Funding Priority] Supervisors Dufty, Mar, Mirkarimi
Resolution declaring Van Ness Avenue Bus Rapid Transit and Geary Boulevard Bus Rapid Transit as San Francisco's top and sole priorities for Federal Small Starts Funding.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 090536 [Commending Chris Ellen Montgomery on her 25 years of service to the City and County of San Francisco] Supervisor Dufty
Resolution commending Chris Ellen Montgomery for her 25 years of exceptional service to the City and County of San Francisco and the Department of Public Works.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 090537 [Endorsing San Francisco's inclusion in the "Healthy Purchase Pilot Program"] Supervisor Maxwell
Resolution endorsing and supporting San Francisco's inclusion in the California Department of Public Health's  Healthy Purchase Pilot Program.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 090529 [Waiver permitting City Employees to Assist the Department of Elections with the May 19, 2009, special statewide election] Supervisor Chiu
Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to permit City employees to assist the Department of Elections with the May 19, 2009, special statewide election.
4/28/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

33. 090255 [Final Map - 274 6th Avenue]
Motion approving Final Map 5370, a 2 Lot Subdivision and 3 Residential Unit Condominium Project, located at 274 6th Avenue being a subdivision of Lot 027 in Assessors Block No. 1428 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,149; District 1.)

4/24/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

34. 090437 [Final Map - 1500 Sutter Street]
Motion approving Final Map 4156, a 65 Commercial Unit Condominium Project, located at 1500 Sutter Street being a subdivision of Lot 005 in Assessors Block No. 0673 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,141; District 5.)

4/20/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

35. 090438 [Final Map - 2235 Mission Street]
Motion approving Final Map 4706, a 6 Residential Unit and 1 Commercial Unit Mixed-Use Condominium Project, located at 2235 Mission Street being a subdivision of Lot 031 in Assessors Block No. 3590 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,142; District 9.)

4/20/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

36. 090494 [Final Map - 335 Berry Street]
Motion approving Final Map 4328, a one-lot subdivision for condominium purposes, being a 67-unit residential condominium project of Lot 4 in Assessors Block No. 8707, located at 335 Berry Street, and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,112; District 6.)

4/24/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

37. 090495 [Final Map - 330 Berry Street]
Motion approving Final Map 4329, a one-lot subdivision for condominium purposes, being a 64-unit residential condominium project of Lot 5 in Assessors Block No. 8704, located at 330 Berry Street, and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,113; District 6.)

4/24/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

38. 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. 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 April 21, 2009, to April 27, 2009, for reference by President to appropriate committee on May 5, 2009.
There were none.

PROPOSED RESOLUTIONS
Proposed resolutions received from April 21, 2009, to April 27, 2009, for reference by President to appropriate committee on May 5, 2009.

090479 [Accept and Expend Grant - Mayor - $3,000,000] Mayor
Resolution authorizing the Mayor of the City and County of San Francisco to accept and expend a grant from the U.S. Department of Housing and Urban Development for lead-based paint hazard reduction in a total amount not to exceed $3,000,000.
4/21/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee.

090497 [Appointment - Treasury Oversight Committee]
Resolution appointing Dr. Don Griffin, Ben Rosenfield, Joseph Grazioli, Todd Rydstrom, and Richard Sullivan, terms ending June 5, 2013, to the Treasury Oversight Committee. (Treasurer-Tax Collector)
4/22/2009, RECEIVED AND ASSIGNED to Rules Committee.

090498 [Approval of a contract amendment with the University of the Pacific School of Dentistry in order to exercise a five year contract option to continue to provide dental services for residents of Laguna Honda Hospital]
Resolution authorizing the San Francisco Department of Public Health (DPH), to amend a contract in order to exercise a five year contract option with The University of the Pacific School of Dentistry for continued dental services at Laguna Honda Hospital for a new term of July 1, 2004 through June 30, 2014. (Public Health Department)
4/27/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee.

090499 [Ratification of increases to prior professional service contracts for health and behavioral health services]
Resolution approving amendment to Resolution No. 702-06, which ratified prior professional service contracts for the San Francisco Department of Public Health for health and behavioral health services and approved three year extensions, to increase the total contract amounts and extend the terms of those contracts through December 31, 2010. (Public Health Department)
4/27/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee.

090547 [Petitions and Communications]
Petitions and Communications received from April 21, 2009, through April 27, 2009, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on May 5, 2009.

From Redevelopment Agency, submitting response to written objection on the proposed Vistacion Valley Redevelopment Plan. File No. 090446, Copy: Each Supervisor (1)

From Office of the Controller, submitting concession audit report of Tomokazu Japanese Cuisine (SFO) Inc. (2)

From Emile Lawrence, submitting copy of letter sent to U.S. Senator Dianne Feinstein regarding her position on taxi medallion sales and Mayor Newsom's involvement in the City and County's eminent bankruptcy. (3)

From John Nulty, submitting copy of letter sent to the Ethics Commission regarding the proposed overhaul of San Francisco lobbying law. Copy: Each Supervisor (4)

From Office of the City Attorney, regarding the award of contract in the Airport's Terminal Two Renovation Project, Mechanical Trade Bid Package. Copy: Each Supervisor (5)

From Whole Foods Market, submitting request for a Type 20, Off-sale Beer and Wine license for the Whole Foods Market at 3950-24th Street. (6)

From Neil Cook, submitting copy of letter sent to the Citation Review Center protesting the parking citation he received at 1042 Kearney Street. (7)

From Round the Diamond, urging the Board of Education and the Board of Supervisors draft a resolution supporting the construction of a basketball education and career pathway arena, in collaboration with the Seawall Lot 337 development team, the Port of San Francisco and the City and County of San Francisco. Copy: Each Supervisor (8)

From concerned citizens, urging the Board of Supervisors to oppose any appeal, (following the unanimous disapproval by the Planning Commission) regarding a Conditional Use Permit for  Alternative to Meds Center at 827 Guerrero Street. Copy: Each Supervisor (9)

From Human Services Agency, submitting notice that the Human Services Commission has approved the Human Services Agency's revised fiscal year 2008-09 savings projections for the Human Services Care Fund. (10)

From Arts Commission, submitting quarterly report expenditure for fiscal year 2008-09. (11)

From Joseph Fleischman, submitting opposition to resolution urging the San Francisco Municipal Transportation Agency to examine and consider taxi medallion fees. File No. 090466 (12)

From Gail Moore, commenting that talking on a hand held cell phone while driving law is not enforced in San Francisco. (13)

From concerned citizens, urging the Board to restore Sharp Park. 448 letters (14)

From concerned citizens, submitting copy of letter sent to the District Attorney, thanking them for the recent conviction of the person that was caught vandalizing a building in Dolores Park with graffiti. (15)

From concerned citizens, submitting support for proposed legislation regarding residential and commercial water conservation. Files Nos. 090225, 090226. Copy: Each Supervisor (16)

From Michael Gardner, regarding the article in the San Francisco Chronicle about Deputy Chief Greg Suhr and the incident regarding his recent change of command. (17)

From concerned citizens, submitting support for full funding of public access television. File No. 090287, Copy: Budget and Finance Committee. 7 letters (18)

From Martin Lyon, recommending MUNI diesel coaches adopt the  Powered by Clean Natural Gas message and discontinue the message  Hybrid Electric Bus . Copy: Each Supervisor (19)

From Arthur Evans, commenting on proposed resolution urging a cessation of recent Drug Enforcement Administration raids on medical cannabis dispensaries. File No. 090486, 2 letters (20)

From Kenny Cowan, regarding the valet parking permit of the  Inn of the Opera using street parking to park their patron's cars and the misuse of the passenger loading zone in front of the Inn that extends to his apartment building at 337 Fulton Street. (21)

From Mary Robinson, regarding the Presidio Trust proposing new out of character buildings that are not necessary or add to the historical character of the park. Copy: Supervisor Alioto-Pier (22)

From concerned citizens, regarding the Hunters Point Naval Shipyard cleanup. 2 letters (23)

From Francisco Da Costa, regarding Barbara Hale and the Solar Power project. (24)

From Francisco Da Costa, regarding children attending schools close to Superfund Sites and other toxic hot spots in Bayview Hunters Point. (25)

From Francisco Da Costa, regarding State Senator Mark Leno. (26)

From Lynn Smith, submitting opposition to naming Third Street  Willie Brown Boulevard in San Francisco. Copy: Each Supervisor (27)

From Adrian Cotter, commenting on the Board of Supervisors website and suggestions for improvement. Copy: Each Supervisor (28)

From BART, Government and Community Relations, submitting notice of BART Police Department Review Committee update and details on meeting to discuss civilian oversight on May 2, 2009, at 1:00 p.m. (29)

From Jim Meko, submitting report on several important votes taken by the Western SoMa Task Force last week. (30)

From Jackie Wright, urging the Board of Supervisors to review the public files at broadcast stations in San Francisco. (31)

From State Fish and Game Commission, submitting notice of candidacy status for the pacific fisher, which will be published in the California Regulatory Notice Register on April 24, 2009. (32)

From US Army Corps of Engineers, submitting public notice regarding the stream maintenance program in Sonoma Creek and Petaluma River Watersheds. (33)

From US Army Corps of Engineers, submitting public notice regarding the Wood Road Mitigation Bank, north of Santa Rosa in Sonoma County. (34)

From US Army Corps of Engineers, submitting public notice regarding the California Department of Fish and Game fisheries restoration grant program. (35)

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4188 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

To request sign language interpreters, readers, large print agendas or other accommodations, please call (415) 554-7703 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.

Disability access

The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.


Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine


Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

Last updated: 11/19/2013 11:51:29 AM