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

July 07, 2009

Board of Supervisors
City and County of San Francisco

City Hall, Legislative Chamber, Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

AGENDA
Tuesday, July 7, 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

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

Recommendations of the Budget and Finance Committee

1. 090701 [Setting Patient Rates - effective July 1, 2009] Mayor
Ordinance amending Section 128 of the San Francisco Health Code to set patient rates and other services provided by the Department of Public Health, effective July 1, 2009.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

2. 090702 [Emergency Medical Services Fees] Mayor
Ordinance amending the San Francisco Health Code by amending Section 901 and adding Section 914.5, and amending San Francisco Business and Tax Regulations Code Section 249.8, to amend definitions, add fees and a Certificate of Participation requirement for facilities that receive patients through ambulance service providers, and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

3. 090703 [Chain Restaurant Surcharge] Mayor
Ordinance adding Section 249.21 to the Business and Tax Regulations Code to impose a surcharge on chain restaurants that qualify as food facilities under State law to recover the Department of Public Health's costs of enforcing California Health and Safety Code Sec. 114094 regarding disclosure of nutritional and calorie content information, adding provisions for the Controller to adjust fees annually, and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

4. 090711 [Recreation and Park Department - Clubhouses and Gymnasiums Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.21 to increase the fees at the Clubhouses and Gymnasiums, to eliminate the reservation fee and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

5. 090713 [Recreation and Park - Day Camp Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.15 to increase fees for Day Camps and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

6. 090714 [Recreation and Park - Kezar Parking Lot Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.08 to increase fees for parking in the lot at the Kezar Stadium and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

7. 090718 [Recreation and Park Department - Japanese Tea Garden Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.05 to add a non-resident entrance fee for the Japanese Tea Garden and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

8. 090720 [Recreation and Park - Conservatory of Flowers Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.34 to add a non-resident entrance fee for the Conservatory of Flowers and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

9. 090367 [Planning Code Amendment - Philanthropic Administrative Service Use; Zoning Map Amendment - 2503 Clay Street] Supervisor Alioto-Pier
Ordinance amending the San Francisco Planning Code by adding Section 790.107 to define a Philanthropic Administrative Service Use and by adding 718.85 to the Zoning Control Table in Section 718 to authorize a Philanthropic Administrative Service Use as a permitted use in the Upper Fillmore Street Neighborhood Commercial District; amending Sheet ZN02 of the Zoning Maps of the City and County of San Francisco to change the zoning for Assessor's Block 0630, Lot 032 (2503 Clay Street) from RH-2 to Upper Fillmore Street NCD; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.
6/30/2009, 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

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

10. 090627 [Extending the duration of the Film Rebate Program and limiting the rebate available to film productions for police services] Supervisors Alioto-Pier, Dufty
Ordinance amending Administrative Code Section 57.8 by extending the Film Rebate Program through June 30, 2012, and modifying the definition of "qualified production cost" in order to limit rebates available to film productions for the use of certain police services.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

11. 090712 [Recreation and Park Department - Aquatic Facilities Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.40 to increase the fees at the Aquatic facilities and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

12. 090717 [Recreation and Park Department - Athletic Field Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.36 to increase the fees for use of Athletic Fields and making environmental findings.
(Supervisor Mirkarimi dissented in Committee.)

6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

13. 090719 [Recreation and Park Department - Latch Key and Afterschool Programs Fees] Mayor
Ordinance amending San Francisco Park Code, Article 12, by amending Section 12.30 to increase fees for Latchkey and Afterschool programs and making environmental findings.
6/30/2009, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

14. 090740 [Resolution urging Attorney General Jerry Brown to reject evidence gained through the use of torture] Supervisors Mar, Maxwell, Mirkarimi, Daly
Resolution urging Attorney General Jerry Brown to reject evidence gained through the use of torture and to drop the charges against the "San Francisco 8" defendants.
6/16/2009, CONTINUED. Continued to July 7, 2009.
Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee
Present: Supervisors Avalos, Mirkarimi, Chu, Campos, Dufty

15. 090697 [Increasing Street Artist Certificate Fee] Mayor
Ordinance amending Article 24 of the San Francisco Police Code by amending Section 2404.1 to increase the fee for a Street Artist Certificate and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 090705 [Fees for Fire Department Services and Permits - Fire Code] Mayor
Ordinance amending Sections 112.2, 112.3, 112.7, 112.8, 112.9, 112.10, 112.11, 112.15, 112.17, 112.18, 112.19 and Tables 112-A, 112-B and 112-C of Appendix Chapter 1 of the San Francisco Fire Code to increase fees for certain Fire Department services and permits and to add additional permits, to become operative on its effective date or on July 1, 2009, whichever is later, and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 090706 [Fees for Fire Department emergency medical services] Mayor
Ordinance amending Section 128.1 of the San Francisco Health Code to increase fees for Fire Department emergency medical services and to update the language regarding fee changes in subsequent fiscal years, and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 090707 [Increasing and establishing certain Fire Department licensing fees] Mayor
Ordinance amending Sections 90, 93, 93.1, 94, 120, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246 and 247 of the San Francisco Business and Tax Regulations Code to increase or establish and set licensing fees for certain permits issued by the Fire Department and adding Sections 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 and 235 to establish and set fees for additional Fire Department licenses, to become operative on its effective date or on July 1, 2009, whichever is later, and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 090708 [Increasing Fire Department fees for street fairs] Mayor
Ordinance amending Section 6.6 of the San Francisco Transportation Code to increase fees for Fire Department services, permits and inspections related to street fairs, to become operative on its effective date or on July 1, 2009, whichever is later, and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 090710 [Sale of combustion turbines] Mayor, Supervisor Mirkarimi
Ordinance authorizing the Public Utilities Commission, working in conjunction with the City Attorney, to sell the four combustion turbines transferred to the City as part of the Williams Settlement in a manner that maximizes the public benefits to the City consistent with the State Agreements.
Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 090721 [Medical Examiner's Fees for Copies of Documents and Certain Services] Mayor
Ordinance amending Section 8.14 of the S.F. Administrative Code to increase the Medical Examiner's Fees for Copies of Documents and Certain Services and adding fees for new services.
Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 090722 [Public Works Code - Increasing Tree Removal Permit Fees] Mayor
Ordinance amending Section 806 of the Public Works Code to increase the fees charged for removal of street trees under the Urban Forestry Ordinance from $267 to $607, for a permit to remove 1-3 street trees to allow for development or construction; from $267 to $300, for a permit to remove 1-3 street trees to prevent sidewalk damage or to remove hazards; from $360 to $808, for a permit to remove 4-9 street trees; and from $565 to $1,214, for a permit to remove 10 or more street trees; and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 090724 [Establishing a Cigarette Litter Abatement Fee] Mayor
Ordinance amending the San Francisco Administrative Code (1) by adding a new Chapter 105 to establish a Cigarette Litter Abatement Fee of $0.20 per pack of cigarettes sold in San Francisco to recover the cost of abating cigarette litter from City streets, sidewalks, and other public property and (2) by adding a new Section 10.100-70 to establish an Environment Cigarette Litter Abatement Fund; amending the San Francisco Health Code, Article 19H, Section 1009.60 to allow the Director of the Department of Public Health to suspend a tobacco sales permit and impose administrative penalties for failure to pay the Cigarette Litter Abatement Fee; amending Article 6 of the San Francisco Business and Tax Regulations Code to include the Cigarette Litter Abatement Fee; and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 090800 [Establishing Carbon Mitigation Program] Mayor, Supervisor Dufty
Ordinance amending the San Francisco Administrative Code by adding a new Chapter 52 to establish the San Francisco Carbon Mitigation Program administered by the Department of the Environment to reduce or offset local greenhouse gas emissions; and making environmental findings.
(Supervisor Chu dissented in Committee.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 090817 [Public Education Enrichment Fund for FY 2009-2010 - San Francisco Children and Families Commission] Supervisors Avalos, Dufty, Mirkarimi
Resolution approving the San Francisco Children and Families Commission expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2009-2010.
Question: Shall this Resolution be ADOPTED?

26. 090818 [Public Education Enrichment Fund for FY 2009-2010 - San Francisco Unified School District] Supervisors Avalos, Dufty, Mirkarimi
Resolution approving the San Francisco Unified School District expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2009-2010.
Question: Shall this Resolution be ADOPTED?

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

27. 090318 [Planning Code-Landmark Designation of 2055 Union Street (Metro Theater)] Supervisor Alioto-Pier
Ordinance designating 2055 Union Street (Metro Theater), Assessor's Block No. 0541, Lot No. 018, as a Landmark under Article 10 of the San Francisco Planning Code; and adopting General Plan, Planning Code 101.1(b) and environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 4:00 P.M.
APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4pm. 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.

28. 090109 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 717 Battery Street/350 Pacific Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated December 19, 2008, that a project at 717 Battery Street/350 Pacific Avenue (Case No. 2007.1460E) (Building Permit Application Nos. 2003.02.12.7271; 2005.04.21.0598 (UMB retrofit); and 2005.0321.8084 (two-story vertical addition) is exempt from environmental review under Categorical Exemption, Class 32 [State CEQA Guidelines, Section 15332]. The proposal would add to and rehabilitate the Musto Building, to expand the existing office use and provide ground-floor commercial and restaurant space. The project site (Assessor's Block 0165, Lot 022) is within a C-2 (Community Business) Use District, and in a 65-A Height and Bulk District, and in a Special Use District-the Washington-Broadway Special Use District No. 2. (Appellant: Susan Brandt-Hawley on behalf of San Francisco Preservation Action.)
(Filed January 30, 2009; Companion to Files 090110, 090111, 090112; District 3.)

3/3/2009, CONTINUED. The President inquired as to whether any member of hte public wished to address the Board members. There were none. The President declared the public hearing closed. Continued to April 7, 2009.
4/7/2009, CONTINUED. The President inquired as to whether any member of hte public wished to address the Board members. There were none. The President declared the public hearing closed. Continued to May 12, 2009.
5/12/2009, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. There were none. The President declared the public hearing closed. Continued to July 7, 2009.
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.)

29. 090110 [Affirming the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project]
Motion affirming the determination by the Planning Department that the 717 Battery Street/350 Pacific Avenue project is categorically exempt from environmental review under the California Environmental Quality Act.
3/3/2009, CONTINUED. Continued to April 7, 2009.
4/7/2009, CONTINUED. Continued to May 12, 2009.
5/12/2009, CONTINUED. Continued to July 7, 2009.
Question: Shall this Motion be APPROVED?

30. 090111 [Disapproving the Categorical Exemption issued for the 717 Battery Street/350 Pacific Avenue project]
Motion disapproving the determination by the Planning Department that the 717 Battery Street/350 Pacific Avenue project is categorically exempt from environmental review under the California Environmental Quality Act.
3/3/2009, CONTINUED. Continued to April 7, 2009.
4/7/2009, CONTINUED. Continued to May 12, 2009.
5/12/2009, CONTINUED. Continued to July 7, 2009.
Question: Shall this Motion be APPROVED?

31. 090112 [Preparation of findings related to the 717 Battery Street/350 Pacific Avenue 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 717 Battery Street/350 Pacific Avenue is exempt from environmental review under the California Environmental Quality Act.
3/3/2009, CONTINUED. Continued to April 7, 2009.
4/7/2009, CONTINUED. Continued to May 12, 2009.
5/12/2009, CONTINUED. Continued to July 7, 2009.
Question: Shall this Motion be APPROVED?

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following items will be considered by the Rules Committee at a Regular Meeting on Thursday, July 2, 2009 at 10 a.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, July 7, 2009.

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

32. 090603 [Appointment, Historical Preservation Commission - James Buckley]
Motion approving the Mayor's nomination for appointment of James Buckley to the Historical Preservation Commission, Seat No. 4, for a two-year term ending date to be determined.
(Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 090604. Transmittal date - May 18, 2009.)

Question: Shall this Motion be APPROVED?

33. 090604 [Appointment, Historical Preservation Commission - James Buckley]
Motion rejecting the Mayor's nomination for appointment of James Buckley to the Historical Preservation Commission, Seat No. 4, for a two-year term ending date to be determined.
(Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 090603. Transmittal date - May 18, 2009.)

Question: Shall this Motion be APPROVED?

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

34. 090788 [Appointment, Historical Preservation Commission - Andrew Wolfram]
Motion approving the Mayor's nomination for appointment of Andrew Wolfram to the Historical Preservation Commission, Seat No. 2, for a two-year term ending date to be determined. (Clerk of the Board)
(Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 090789. Transmittal date - June 4, 2009.)

Question: Shall this Motion be APPROVED?

35. 090789 [Appointment, Historical Preservation Commission - Andrew Wolfram]
Motion rejecting the Mayor's nomination for appointment of Andrew Wolfram to the Historical Preservation Commission, Seat No. 2, for a two-year term ending date to be determined.
(Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 090788. Transmittal date - June 4, 2009.)

Question: Shall this Motion be APPROVED?

36. 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.

37. 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 38 through 41

38. 090863 [Support for the passing of Assembly Concurrent Resolution No. 42 (Fong; Chinese Americans in California)] Supervisors Mar, Chiu
Resolution supporting Assembly Concurrent Resolution No. 42 (Fong) that recognizes the extraordinary hardships of Chinese in California as a result of systematic discriminatory practices implemented at the legislative level, which conflict with the principles upon which our country was founded.
6/30/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 090864 [Celebrating the 20th anniversary of San Francisco Animal Care & Control] Supervisor Mar
Resolution celebrating the 20th anniversary of San Francisco Animal Care & Control.
6/30/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 090865 [Denouncing the coup de etat in Honduras and urging the Honduran government and the international community to support democratic, transparent elections that respect human rights,national sovereignty and democracy] Supervisors Campos, Avalos, Daly, Mar, Maxwell, Mirkarimi, Dufty
Resolution denouncing the coup de etat against the duly elected President of Honduras and urging the Honduran government and international community to support democratic elections that respect human rights, national sovereignty, and economic sustainability that leads to conditions of peace and democracy.
6/30/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 090777 [Final Map - 30-36 Guerrero Street; 1927 Market Street]
Motion approving Final Map 4747, a three Residential Unit and one Commercial Unit Mixed-Use Condominium Project, also being a Subdivision of that real property, located at 30 - 36 Guerrero Street, 1927 Market Street being a subdivision of Lots 002 and 005 in Assessors Block No. 3501 and adopting findings pursuant to the General Plan and City Planning Code Section 101. (Public Works Department)
(DPW Order 178,223; District 8.)

6/26/2009, 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:_________________________________________

42. 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 June 23, 2009, to June 29, 2009, for reference by President to appropriate committee on July 7, 2009.

090845 [Settlement of Lawsuit - Yao Tondo - $140,000.00]
Ordinance authorizing settlement of the lawsuit filed by Yao Tondo as successor in interest to decedent Joe Tondo against the City and County of San Francisco for $140,000.00; the lawsuit was filed on June 4, 2007, in San Francisco Superior Court, Case No. 463-946; entitled Yao Tondo as successor in interest to decedent Joe Tondo v. City and County of San Francisco, et al. (City Attorney)
6/26/2009, RECEIVED AND ASSIGNED to Rules Committee.

090846 [Settlement of Lawsuit - Mai Tai Investors L.P., et al. - $40,000]
Ordinance authorizing settlement of the lawsuit filed by Mai Tai Investors L.P., et al. against the City and County of San Francisco for $40,000; the lawsuit was filed on March 12, 2009, in San Francisco Superior Court, Case No. CGC-09-486061; entitled Mai Tai Investors L.P., et al., v. City and County of San Francisco, et al. (City Attorney)
6/26/2009, RECEIVED AND ASSIGNED to Rules Committee.

090847 [Settlement of Lawsuit - Tony Nguyen, dba MicroLan - $100,000.00]
Ordinance authorizing settlement of the lawsuit filed by Tony Nguyen, dba MicroLan, against the City and County of San Francisco for $100,000.00; the lawsuit was filed on December 10, 2007, in the San Francisco Superior Court, Case No. 469890; entitled Tony Nguyen, dba MicroLan v. City and County of San Francisco, et al. (City Attorney)
6/26/2009, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from June 23, 2009, to June 29, 2009, for reference by President to appropriate committee on July 7, 2009.

090848 [Emergency contract to repair Fireboat Pier 22 1/2]
Resolution approving an emergency public work contract under San Francisco Administrative Code Section 6.60, to repair Fireboat Pier 22 1/2. (Public Works Department)
6/29/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee.

090880 [Petitions and Communications]
Petitions and Communications received from June 23, 2009, through June 29, 2009, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on July 7, 2009.

From Animal Care and Control Department, submitting request for waiver of Administrative Code Chapter 12B for Idexx Distribution Corp. (1)

From Animal Care and Control Department, submitting request for waiver of Administrative Code Chapter 12B for ADT Security Service. (2)

From Office of the Controller, submitting an audit report on Wells Fargo Bank, that has an agreement with the Airport Commission to provide automated teller machine services on Airport property. (3)

From Asthma Task Force, regarding the Asthma Task Force general fund expenditures for FY 2008-2009, and requesting an add-back request for FY 2009-2010. (4)

From Office of the Mayor, submitting notice that Mayor Newsom will be out of state from June 24, 2009, until June 26, 2009. Supervisor Carmen Chu will service as Acting Mayor. (5)

From concerned citizens, urging the Board of Supervisors to conduct an investigation of the Building Inspection Department. (6)

From concerned citizens, commenting on proposed budget cuts to the Fire Department. Copy: Each Supervisor, 17 letters (7)

From Monette-Shaw, commenting that "Mayor Newsom raids $1 million in Community Living Funds (CLF) for the elderly and disabled San Franciscans served at Laguna Honda Hospital." (8)

From Phoebe Williams, commenting on various subjects. (9)

From Department of Children, Youth and Their Families, submitting list of sole source contracts for FY 2008-2009. (10)

From Gerald Wolf, commenting on the proposed "rent freeze" legislation. File No. 090278, Copy: Each Supervisor (11)

From James Keys, submitting support for the "Renters Economic Relief Package" passed at the full Board of Supervisors meeting on June 23, 2009. File Nos. 090277, 090278, 090279, Copy: Each Supervisor (12)

From Film Commission, submitting support for extending the duration of the Film Rebate Program and limiting the rebate available to film productions for certain police services. Copy: Budget and Finance Committee (13)

From Aaron Goodman, submitting copy of memo sent to the Planning Department EIR Officer Bill Wycko. (14)

From Stephanie Feiring, submitting opposition to proposed budget cuts to the Public Defender's Office. Copy: Each Supervisor (15)

From concerned citizens, submitting support for restoring Sharp Park to a natural area. (16)

From Ahimsa Sumchai, regarding Supervisor Dufty and the number of resolutions memorializing his constituents. Copy: Each Supervisor (17)

From Eula Walters, regarding her request that the Planning Department reverse their decision to use "downtown funds" in the amount of $1,712,000 for renovation of Ferry Park. (18)

From American Heart Association, regarding California Pacific Medical Center's proposal to upgrade and modernize health care facilities in San Francisco. Copy: Each Supervisor (19)

From Paul Platt, submitting opposition to the nomination of Anson Moran to the Public Utilities Commission. File No. 090768, Copy: Rules Committee (20)

From State Department of Health Care Services, verifying that San Francisco County has been allocated $268,374 in State General funds for the San Francisco County Health and Disability Prevention Program for FY 2008-2009. (21)

From Bicycle Advisory Committee, submitting resolution adopted on May 28, 2009, endorsing the 2009 San Francisco Bicycle Plan by unanimous accord. Copy: Each Supervisor (22)

From American Federation of Television and Radio Artists Screen Actors Guild, urging the Board of Supervisors to support amending the "Scene in San Francisco" Rebate Program by extending the Film Rebate Program through June 30, 2012; and modifying the definition of "qualified production cost" in order to limit rebates available to film productions for the use of certain police services. File No. 090627, Copy: Each Supervisor (23)

From Alvin Johnson, requesting an explanation from the Civil Service Commission concerning their alleged "irresponsible" behavior regarding the disregard for veterans who have lodged a civil complaint of unfair and discriminatory employment practices, compensation discrimination and retaliation. Copy: Each Supervisor (24)

From concerned citizens, urging the Board of Supervisors to restore funding to the Public Defender's Office so that the office can adequately represent its clients. 77 postcards (25)

From concerned citizens, submitting opposition to putting parking meters in Golden Gate Park. Copy: Each Supervisor (26)

From Dianne Feinstein, thanking the Board of Supervisors for providing her with a copy of the resolution in support of the "Uniting American Families Act" (S.424). (27)

From Office of the City Administrator, regarding the San Francisco Clean-up Project. (Reference No. 20090616-002) (28)

From concerned citizens, commenting on proposed budget cuts. File No. 090779, 3 letters (29)

From Paul Burke, commenting on the lack of any coherent policy to address graffiti vandals on the MUNI system. (30)

From Department of Emergency Management, urging the Board of Supervisors to adopt the proposed resolutions that authorize City officials the ability to execute Homeland Security Grants. Copy: Each Supervisor, File Nos. 090741, 090742 (31)

From Bonnie Spark, requesting information for residents of the City for alternative parking due to the proposed additional bicycle lanes. (32)

From concerned citizens, submitting opposition to the construction of a new library building on the triangle site at Lombard Street and Columbus Avenue in North Beach. 2 letters (33)

From Bob Jacklevich, commenting how the Board of Supervisors approach the public during the Public Comment portions of hearings and proceedings. Copy: Each Supervisor (34)

From SF County Civil Grand Jury, submitting report entitled "Nonprofits, The Good, The Bad, The Ugly." Copy: Each Supervisor, File No. 090844 (35)

From James Corrigan, commenting on the Firefighter's Memorandum of Understanding. Copy: Each Supervisor, File No. 090679 (36)

From US Army Corps of Engineers, submitting public notice regarding information to current and potential in-lieu fee mitigation providers and requirements for existing in-lieu fee providers to adapt their programs to current requirements.(37)

From State Fish and Game Commission, submitting public notice of proposed regulatory action relating to marine protected areas. (38)

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.


Disability access
The Legislative Chamber and the Committee Room in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, N and T (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

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

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

Last updated: 11/19/2013 11:52:43 AM