Board of Supervisors : July 21, 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 21, 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 June 23, 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.

	SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board


	(This item will be read at the third regularly scheduled Board meeting of every month) The following is a time dedicated for the Mayor to discuss with the Board of Supervisors issues pertaining to the governance of the City and County of San Francisco. The Board of Supervisors offers this time for dialogue on the third regularly scheduled Board meeting of every month pursuant to the will of the voters as expressed in Proposition I in November of 2006. Should the Mayor fail to appear after five minutes of the item being called, the Clerk shall remove the item from the Board's agenda, and the item shall not be considered by the Board. Should the Mayor appear and the Board therefore consider this item, public comment for

	CONSENT AGENDA


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

Items 1 through 12

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

1.	090716	[Recreation and Park-Parking]	Mayor
		Ordinance amending Article 6 of the Park Code by adding Section 6.14 to authorize the San Francisco Municipal Transportation Agency to identify areas located on property under the jurisdiction of the Recreation and Park Commission that are suitable for paid parking; to set rates for such parking; and to develop and implement a parking management plan for park property, and making environmental findings.


		7/14/2009, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	090837	[Penalty for alcohol content testing in Driving Under the Influence cases]	Mayor
		Ordinance amending Administrative Code by adding Section 8.14-1, to impose an additional $50 penalty for violation of certain Vehicle Code sections to pay for alcohol testing by the Medical Examiner.


		7/14/2009, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	090735	[Approving contract between the SFMTA and TJPA for Transbay Transit Center services]	Supervisor Daly
		Resolution approving Contract No. CS -159 between the San Francisco Municipal Transportation Agency and the Transbay Joint Powers Authority for Transbay Transit Center program services.

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

4.	090765	[80 Charter Oak Street Lease Amendment]
		Resolution authorizing a Lease Amendment to extend the term for five years for real property at 80 Charter Oak Street for the San Francisco Municipal Transportation Agency. (Real Estate Department)



		Question: Shall this Resolution be ADOPTED?

5.	090786	[Lease of Real Property at 160 South Van Ness Avenue]
		Resolution authorizing the Director of Property to exercise an extension option for a 7-year term for the lease of real property located at 160 South Van Ness Avenue, San Francisco, for the Human Services Agency. (Real Estate Department)

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

		Present: Supervisors Avalos, Chu, Dufty

6.	090861	[Accept and Expend State Grant - Department of Public Works - $333,000]	Mayor
		Resolution authorizing the Department of Public Works to accept and expend State Transportation Development Act (TDA) Article 3 funds totaling $333,000 for various pedestrian projects in the City and County of San Francisco in FY 2009-2010.

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

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

7.	090661	[Liquor License - 900 North Point, Suite D100]
		Resolution determining that the issuance of a Type 57 special on-sale general liquor license to Jane Echlin, for Cocoa Residential Owners Association Inc. dba Fairmont Heritage Place, Ghirardelli Square located at 900 North Point, Suite D100, will serve the public convenience or 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.



		Question: Shall this Resolution be ADOPTED?

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

8.	090783	[Settlement of Lawsuit - Jane Martin and David Baker - $190,000]
		Ordinance authorizing settlement of the portion of the lawsuit filed by Jane Martin and David Baker against the City and County of San Francisco for $190,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney)


		7/14/2009, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	090811	[Settlement of Lawsuit - Craig Yates and Richard Skaff - $312,000]
		Ordinance authorizing settlement of multiple lawsuits filed by Craig Yates and Richard Skaff against the City and County of San Francisco and San Francisco Uptown Parking Corporation for $312,000; further authorizing settlement of San Francisco's cross-claims against San Francisco Parking, Inc., d/b/a City Park for $150,000 to be paid to the City and County of San Francisco; the lawsuits entitled: (1) Craig Yates v. Union Square, et al., Case No. C07-4087-JSW, filed August 9, 2007, in the United States District Court, Northern District of California; (2) Craig Yates v. Union Square, et al., Case No. CGC-08-473176, filed March 11, 2008, in San Francisco Superior Court; (3) Richard Skaff v. Union Square, et al., Case No. 08-CV-2555-JSW, filed May 20, 2008, in the United States District Court, Northern District of California; and (4) Richard Skaff v. Union Square, et al., Case No. CGC-08-475516, filed May 20, 2008, in San Francisco Superior Court. (City Attorney)


		7/14/2009, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

10.	090845	[Settlement of Lawsuit - Yao Tondo - $140,000]
		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; 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)


		7/14/2009, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

11.	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)


		7/14/2009, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

12.	090847	[Settlement of Lawsuit - Tony Nguyen, dba MicroLan - $100,000]
		Ordinance authorizing settlement of the lawsuit filed by Tony Nguyen, dba MicroLan, against the City and County of San Francisco for $100,000; 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)


		7/14/2009, 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 Committee
		Present: Supervisors Avalos, Mirkarimi, Chu, Campos, Dufty (Charter Section 9.100 provides the Board shall not adopt the Budget earlier than July 15, 2009 nor later than August 1, 2009.)

13.	090778	[Annual Salary Ordinance, FY 2009-2010]
		Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending 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.


		7/14/2009, CONTINUED ON FIRST READING. Continued to July 21, 2009.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

14.	090779	[Consolidated Budget and Annual Appropriation Ordinance, FY 2009-2010]
		Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for FY ending June 30, 2010.


		7/14/2009, CONTINUED ON FIRST READING. Continued to July 21, 2009.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

Board of Supervisors Sitting as a Committee of the Whole

15.	090585	[Safe Streets and Road Repair General Obligation Bond Election - $368,000,000]	Mayor, Supervisors Chiu, Dufty, Mar, Campos
		Ordinance calling and providing for a special election to be held in the City and County of San Francisco on Tuesday, November 3, 2009, for the purpose of submitting to San Francisco voters a proposition to incur the following bonded debt of the City and County: $368,000,000 to finance the resurfacing of roads, repair of sidewalks and street structures, and the redesign of streetscapes to include curb ramps and other pedestrian safety features and related costs necessary or convenient for the foregoing purposes; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants in accordance with Chapter 37 of the San Francisco Administrative Code; finding that the estimated cost of such proposed project is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest; prescribing notice to be given of such election; finding that the proposed bond is not a project under the California Environmental Quality Act, ("CEQA"); finding that the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; consolidating the special election with the general election; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with the restrictions on the use of bond proceeds specified in Section 53410 of the California Government Code; incorporating the provisions of the San Francisco Administrative Code, Sections 5.30 - 5.36; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code.

		(Fiscal Impact.)
		7/14/2009, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		7/14/2009, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

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

16.	090608	[Charter Amendment - Allowing the Board of Supervisors to designate certain appropriations as mandates to expend the money appropriated]	Supervisor Daly
		Charter Amendment (Second Draft) to amend Sections 9.103 and 9.104 to allow the Board of Supervisors to mandate the expenditure of identified appropriations for particular programs or activities, requiring the relevant City departments to report to the Board on their plans for expenditure of the money appropriated, and allowing the Mayor to reject or reduce an appropriation identified as mandatory, and to reject the designation of the appropriation as mandatory with or without reducing the amount of the appropriation.

		(Supervisor Chu dissented in Committee.)
		7/14/2009, CONTINUED. Continued to July 21, 2009.


		Question: Shall this Charter Amendment be SUBMITTED?

		Present: Supervisors Daly, Campos, Chiu

17.	090622	[Charter Amendment - Instituting two-year budgetary cycle, providing for the adoption of a five-year financial plan and imposing a deadline of May 15th for submission of MOUs for miscellaneous and safety employees to the Board of Supervisors]	Mayor, Supervisors Chiu, Mirkarimi, Avalos, Campos
		Charter Amendment (First Draft) to amend Sections 2.103, 2.108, 2.117, 3.105, 9.100, 9.101, 9.102, 9.103, 9.104, 9.113, 9.113.5, 9.114, 11.100, A8.409-4, A8.590-5, A8.590-8, 16.112, and Article XVII, and adding Sections 9.119, 9.120, and 9.121 to institute a "rolling" two-year budgetary cycle (the City would adopt a new two-year budget each year), allow the Board of Supervisors to convert the rolling two-year budgetary cycle for some or all departments into a "fixed" two-year cycle (each two-year budget would stay in effect for two years), impose a deadline of June 30th for the Board of Supervisors to approve or adopt new terms and conditions of employment for miscellaneous or safety employees if those terms and conditions are to be effective during the upcoming fiscal year, require that City departments, including the Board of Supervisors, post various notices on the departments' websites and eliminate the requirement that the departments publish such notices in the City's official newspaper, and allow the Controller to certify the availability of funds based on the expectation that funds will become available during the course of the budgetary cycle.


		7/14/2009, CONTINUED. Continued to July 21, 2009.


		Question: Shall this Charter Amendment be SUBMITTED?

NEW BUSINESS

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

18.	090698	[Planning Fee Procedures and Adjustments]	Mayor
		Ordinance amending the San Francisco Planning Code by amending Article 3.5 to increase fees to recover costs for monitoring conditions of approval, code violation abatement, and the General Advertising Sign Program; establish a fee for Department facilitated pre-application meetings; modify refund procedures; modify the indigent fee waiver provision; clarify phased collections and payment deferment; establish a new processing fee for phased payments; and adopting Section 302 and environmental findings.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

19.	090737	[Approval of Sustainable Crushing Ventures, LLC Lease]	Supervisor Maxwell
		Resolution approving the Port Commission Lease No. L-14705 with Sustainable Crushing Ventures, LLC, for a five year term with a five year extension option for certain real property located at Pier 94, Seawall Lot 352 in the City and County of San Francisco.



		Question: Shall this Resolution be ADOPTED?

20.	090855	[Assessment Ballots for City Parcels, for the proposed renewed and expanded Greater Union Square Business Improvement District]	Supervisor Chiu
		Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf of the City and County of San Francisco, as the owner of four parcels of real property that would be subject to assessment in the proposed renewed and expanded property and business improvement district to be named the Greater Union Square Business Improvement District.



		Question: Shall this Resolution be ADOPTED?

21.	090834	[California Public Employees' Retirement System (CalPERS) Contract Amendment]	Supervisor Elsbernd
		Resolution of intention to approve an amendment to contract between the Board of Administration, California Public Employees' Retirement System (CalPERS), and the Board of Supervisors, City and County of San Francisco.

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

22.	090766	[1975-1999 Bryant Street Lease Amendment]
		Resolution authorizing, retroactively, a Lease Amendment to extend the term for five years for real property at 1975-1999 Bryant Street for the San Francisco Municipal Transportation Agency. (Real Estate Department)

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

23.	090787	[Lease of Real Property at 100 Larkin Street]
		Resolution authorizing the lease of 683 square feet of space to the Nasra Family Partnership, in the Main Library located at 100 Larkin Street, San Francisco, on behalf of the San Francisco Public Library. (Real Estate Department)



		Question: Shall this Resolution be ADOPTED?

	From the Budget and Finance Committee Without Recommendation
		Present: Supervisors Avalos, Mirkarimi, Chu, Campos, Dufty (A unanimous vote is required for adoption of this resolution today.)

24.	090184	[Declaring emergency under California Constitution Article XIIIC, Section 2(b) authorizing submission to voters of ordinance imposing a local assessment on all vehicles in San Francisco that are subject to Department of Motor Vehicle registration]	Supervisors Chiu, Dufty, Mirkarimi
		Resolution declaring an emergency under California Constitution Article XIIIC, Section 2(b) and authorizing submission of Ordinance that adopts and submits to the voters an ordinance amending the San Francisco Business and Tax Regulations Code to add Article 8 imposing a voter-approved local assessment on the privilege of a resident of the City and County to operate upon the public highways in the City and County a vehicle or trailer coach, the registrant of which is subject to tax under Part 5 (commencing with Section 10701) of the California Revenue and Taxation Code, at a rate not to exceed the difference between two percent of the market value of the vehicle or trailer coach and the rate imposed by the State of California pursuant to Section 10751 of the Revenue and Taxation Code, administered by the State Department of Motor Vehicles; acknowledging that State law has not yet been enacted authorizing the imposition of the assessment but approving imposition of such a charge at the specified rate when and if State law authorizes the City to impose it and directing its submission as a general tax measure for voter approval at the November 3, 2009, general municipal election.



		Question: Shall this Resolution be ADOPTED?

25.	090136	[Measure adopting and submitting to the voters an ordinance imposing a local assessment on all vehicles in San Francisco that are subject to Department of Motor Vehicle registration]	Supervisors Chiu, Dufty, Mirkarimi
		Ordinance adopting and submitting to the voters the ordinance amending the San Francisco Business and Tax Regulations Code to add Article 8 imposing a voter-approved local assessment on the privilege of a resident of the City and County to operate upon the public highways in the City and County a vehicle or trailer coach, the registrant of which is subject to tax under Part 5 (commencing with Section 10701) of the California Revenue and Taxation Code, at a rate not to exceed the difference between two percent of the market value of the vehicle or trailer coach and the rate imposed by the State of California pursuant to Section 10751 of the Revenue and Taxation Code, administered by the State Department of Motor Vehicles; acknowledging that state law has not yet been enacted authorizing the imposition of the assessment but approving imposition of such a charge at the specified rate when and if state law authorizes the City to impose it and directing submission of the measure for voter approval at the November 3, 2009 general municipal election.

		(Economic Impact)
		4/21/2009, SUBSTITUTED. Supervisor Chiu submitted a substitute ordinance bearing new title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

26.	090134	[0.50% Sales Tax Increase for Health and Human Services and Public Protection]	Supervisor Avalos
		Ordinance amending the San Francisco Business and Tax Regulations Code to add Article 16-A to provide support for health and human services and public protection to residents of the City and County of San Francisco by imposing a transactions (sales) and use tax at the rate of one-half of one percent (0.50%) for a period of three (3) years, to be administered by the State Board of Equalization in accordance with Parts 1.6 and 1.7 of Division 2 of the California Revenue and Taxation Code; adopting an expenditure plan; and directing submission of the tax for voter approval at the November 3, 2009, election.

		(Economic Impact)
		2/24/2009, RE-REFERRED to Budget and Finance Committee.

		6/9/2009, SUBSTITUTED. Supervisor Avalos submitted a substitute ordinance bearing new title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

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

27.	090419	[Increasing prize limit for charitable bingo games]	Supervisors Dufty, Avalos, Campos, Elsbernd
		Ordinance amending Section 3201 of the San Francisco Police Code to increase the maximum allowable prize for any charitable bingo game from $250 to $500, and to make nonsubstantive changes clarifying the applicability of requirements regarding the use of bingo proceeds.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

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

28.	090809	[Street Artist Spaces - 17th Street at Castro and Market Streets]	Supervisor Dufty
		Resolution approving designation for six (6) months of eight (8) temporary selling spaces in "mini-plaza" on 17th Street at Castro and Market Streets for street artists certified by the Arts Commission, City and County of San Francisco; exempting said spaces from the regulation of Police Code Section 2405(c)(11) relating to distance between street artists; said spaces subject to Board of Supervisors review. (Arts Commission)



		Question: Shall this Resolution be ADOPTED?

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

29.	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.

30.	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 31 through 37

31.	090890	[Supporting Assembly Bill 155 (Mendoza), a bill to prevent unnecessary municipal bankruptcies]	Supervisor Alioto-Pier
		Resolution supporting Assembly Bill 155 (Mendoza) to prevent unnecessary municipal bankruptcies in California.


		7/7/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

		7/14/2009, CONTINUED. Continued to July 21, 2009.


		Question: Shall this Resolution be ADOPTED?

32.	090910	[Accept and Expend Grant - Department of Public Health - $10,676]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from Public Health Foundation Enterprises, Inc., in the amount of $10,676 to provide project management and collaboration services for the period of March 1, 2009, through August 31, 2009.


		7/14/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

33.	090911	[Accept and Expend Grant - Department of Public Health - $90,463]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from Public Health Foundation Enterprises, Inc., in the amount of $90,463 to oversee and coordinate the research project for the period of April 10, 2009, through March 31, 2010.


		7/14/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

34.	090857	[Final Map - 1888 Geneva Avenue]
		Motion approving Final Map 3865, a 48 Unit Residential Condominium Project, located at 1888 Geneva Avenue being a subdivision of Lot 236 in Assessors Block No. 6423 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)

		(DPW Order 178,238; District 11,)
		7/8/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED?

35.	090858	[Final Map - 559, 567-569 Vallejo Street and 66 Fresno Street]
		Motion approving Final Map 5033, a Two Airspace Subdivision: Parcel "A" being a 5 Unit Residential Condominium Project and Parcel "B" being a One Lot Airspace, located at 559, 567-569 Vallejo Street and 66 Fresno Street, being a subdivision of Lot 047 in Assessors Block No. 0145 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)

		(DPW Order 178,239; District 3,)
		7/8/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED?

36.	090900	[Final Map - Hunters Point Shipyard - Phase 1 Hilltop]
		Motion approving Final Map No. 4231, a 154-lot subdivision for condominium purposes, being a 901 unit residential and 2 unit commercial condominium project within the Hunters Point Shipyard Redevelopment Plan; approving a Public Improvement Agreement and certain offers of dedication related to the Final Map; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 and the Hunters Point Shipyard Redevelopment Plan and Plan Documents. (Public Works Department)

		(DPW Order 178,237; District 10.)
		7/10/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED?

37.	090901	[Final Map - Hunters Point Shipyard - Phase 1 Hillside]
		Motion approving Final Map No. 5255, a 131-lot subdivision for condominium purposes, being a 397 unit residential condominium project within the Hunters Point Shipyard Redevelopment Plan; approving a Public Improvement Agreement and certain offers of dedication related to the Final Map; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 and the Hunters Point Shipyard Redevelopment Plan and Plan Documents. (Public Works Department)

		(DPW Order 178,238; District 10.)
		7/10/2009, 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 July 7, 2009, to July 13, 2009, for reference by President to appropriate committee on July 21, 2009.

	090895	[Settlement of Lawsuit - Linda Caratti - $$80,000]
		Ordinance authorizing settlement of the lawsuit filed by Linda Caratti against the City and County of San Francisco for $80,000; the lawsuit was filed on August 28, 2008, in San Francisco Superior Court, Case No. 479214; entitled Linda Caratti, v. City and County of San Francisco, et al.; other material terms of said settlement are the City and San Francisco Zoological Society agree to a mutual release of claims for indemnification. (City Attorney)


		7/7/2009, RECEIVED AND ASSIGNED to Rules Committee.

	090896	[Settlement of Lawsuit - John Williams - $27,000]
		Ordinance authorizing settlement of the lawsuit filed by John Williams against the City and County of San Francisco for $27,000; the lawsuit was filed on September 5, 2008, in San Francisco Superior Court, Case No. 479-512; entitled John Williams v. City and County of San Francisco, et al. (City Attorney)


		7/7/2009, RECEIVED AND ASSIGNED to Rules Committee.

	090897	[Settlement of Lawsuit - Benson Chen - $75,000]
		Ordinance authorizing settlement of the portion of the lawsuit filed by Benson Chen against the City and County of San Francisco for $75,000; the lawsuit was filed on November 2, 2007, in San Francisco Superior Court, Case No. 468791; entitled Benson Chen v. City and County of San Francisco, et al. (City Attorney)


		7/7/2009, RECEIVED AND ASSIGNED to Rules Committee.

	090898	[Settlement of Lawsuit - Yue Kong Kam - $102,327.06]
		Ordinance authorizing settlement of the lawsuit filed by Yue Kong Kam against the City and County of San Francisco for $102,327.06; the lawsuit was filed on June 19, 2008, in San Francisco Superior Court, Case No. 476-544; entitled Yue Kong Kam, et al. v. City and County of San Francisco, et al. (City Attorney)


		7/9/2009, RECEIVED AND ASSIGNED to Rules Committee.

	090899	[Settlement of Lawsuits - United States of America - $7,000,000]
		Ordinance authorizing settlement of the two lawsuits filed by the United States of America against the City and County of San Francisco for $7,000,000; the two lawsuits were filed on August 22, 2005, and September 6, 2007, in the United States District Court for the Eastern District of California, Case No. 2:05 CV 01693 entitled United States of America v. City and County of San Francisco, et al. and Case No. 1:07 CV 01300 entitled United States of America v. City and County of San Francisco, et al. and appropriating $7,000,000 of fund balance from the Hetch Hetchy Fund for this purpose. (City Attorney)

	PROPOSED RESOLUTIONS
		Proposed resolution received from July 7, 2009, to July 13, 2009, for reference by President to appropriate committee on July 21, 2009.

	090823	[Authorization for continued membership in 18 County CalWIN Consortium]
		Resolution amending Resolution No. 1094-99 passed on December 6, 1999, to continue authority for the Department of Human Services to continue its membership in the 18 County CalWIN Consortium and authorizing the Director of the Human Services Agency to execute the necessary agreements for participation in the consortium's continued development, implementation, maintenance and operation of a computer system for the administration of public benefit programs in accordance with State requirements. This resolution will expand the expenditure authority from $29,419,538 for an additional amount of $13,110,600 from July 1, 2010, through July 31, 2013. The total project budget including this extension is $42,530,138. Please note: State and Federal reimbursement is at 92% of $42,530,138. County general fund portion is $3,402,241 from 1999 through 2013. The County general fund portion for the extension period is $1,048,848. (Human Services Department)

		(Fiscal Impact.)
		6/17/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee.

		7/10/2009, SUBSTITUTED. Department of Human Services submitted a substitute resolution bearing new title.

		7/10/2009, ASSIGNED to Budget and Finance Committee.

	090922	[Petitions and Communications]
		Petitions and Communications received from July 7, 2009, through July 13, 2009, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on July 21, 2009. From Department of Elections, regarding certification for the Mid-Market Special Sign District Initiative Petition. Copy: Each Supervisor (1) From Office of the Clerk of the Board, submitting list of sole source contracts received from various city departments entered into during FY 2008-2009. (2) Department of Technology District Attorney Public Utilities Commission Office of the Treasurer and Tax Collector Recreation and Park Department Department of Public Works From James Chaffee, regarding the Federal governments new website to make public records on government spending more accessible. (3) From Shona, regarding the Federal Justice Department's decision not to raid medical marijuana clubs. (4) From Airport Commission, submitting request for waiver of Administrative Code Chapter 12B for Chevron USA, Inc. (5) From Airport Commission, submitting request for waiver of Administrative Code Chapter 12B for Nixon Egli Equipment Company. (6) From Airport Commission, submitting request for waiver of Administrative Code Chapter 12B for Oshkosh Trucking Corporation. (7) From concerned citizens, submitting opposition to proposed legislation that would establish a Cigarette Litter Abatement Fee. File No. 090724, 13 letters (8) From concerned citizens, submitting support for restoring Sharp Park to a natural area. Copy: Each Supervisor, 4 letters (9) From concerned citizens, submitting support for preserving the historic 18-hole Sharp Park Golf Course. Copy: Each Supervisor, 20 letters (10) From Office of the Clerk of the Board, submitting notice that the Office of the Clerk of the Board did not receive any "Watch Law" requests during FY 2008-2009. (11) From Office of the Sheriff, submitting request for waiver of Administrative Code Chapter 12B for San Bruno Garbage Company. (12) From concerned citizens, submitting opposition to proposed legislation regarding implementation of parking fees in City parks. File No. 090716, 2 letters (13) From Capital Planning Committee, submitting recommendation on (1) the Eastern Neighborhoods Infrastructure Finance Working Group Final Report and (2) authorization of resolution to accept and expend the American Recovery and Reinvestment Act of 2009 grant funds for Local Street and Road Rehabilitation Projects. Copy: Each Supervisor (14) From Richard Skaff, regarding the Department of Building Inspections Dimensional Tolerance Policy. Copy: Each Supervisor (15) From Patrick Monette-Shaw, commenting that before any further strategic public policy decisions are made, an inventory of the capacity of current skilled nursing home beds in San Francisco must be kept updated and monitored closely, and evaluated against the expected gap between supply and demand. (16) From Francisco Da Costa, regarding the relationship between the Bay Area Air Quality Management District and the Bayview Hunters Point community. (17) From Frederick Stills, regarding the new homeless shelter policy of 14 days, and then a 90 day stay, afterwards. Copy: Each Supervisor (18) From Eula Walters, submitting opposition to demolishing the bridge between Ferry Park and the Maritime Park Plaza. Copy: Each Supervisor (19) From Martin Winderl, commenting on the quality of life and the anti-business stance in San Francisco. Copy: Each Supervisor (20) From Abdalla Megahed, regarding the proposed budget for the City and County of San Francisco. (21) From State Assemblywoman Fiona Ma, urging the State Public Utilities Commission to preserve the uniform state-wide service rates of California's Lifeline program. (22) From Stephen Heersink, commenting that San Francisco is no longer liberal or tolerant, much less democratic, but is competing to be as progressive as the former U.S.S.R. before it fell into oblivion. (23) From Department of Animal Care and Control, submitting request for waiver of Administrative Code Chapter 12B for Safeway, Inc. (24) From Department of Technology, reporting that the Department of Technology received a check for $375,000 from Comcast Cable Communications on July 1, 2009, for funding of cable public access operations. (Reference No. 20090519-004) (25) From Office of the Clerk of the Board, submitting Form 700 Statement of Economic Interest for Jamie Cantwell, Legislative Assistant to Supervisor David Chiu, Assuming. (26) From Office of the Mayor, submitting letter vetoing four pieces of legislation that amend the Rent Ordinance, pending in File Nos. 090276, 090277, 090278, and 090279; finally passed on June 30, 2009. Copy: Each Supervisor, City Attorney (27) From James Miller, suggesting that monitoring Golden Gate Park's entrances and issuing timed parking slips as is done in parking garages would eliminate the need to install meters everywhere in the park. File No. 090779, Copy: Each Supervisor (28) From Pieratt, submitting opposition to proposal to install parking meters in Golden Gate Park. File No. 090779, Copy: Each Supervisor (29) From Police Department, submitting request for waiver of Administrative Code Chapter 12B for Fleetcor Technologies dba Chevron.(30) From Human Services Agency, submitting an update on the Human Services Agency implementation of JOBS NOW, the subsidized employment program funded with Federal stimulus dollars. File No. 090820, Copy: Budget and Finance Clerk (31) From US Army Corps of Engineers, submitting public notice regarding proposed project at Deer Creek Village in Sonoma County. (32) From concerned citizen, submitting opposition to proposed tax on cigarettes to pay for litter clean-up. File No. 090724 (33) From Fire Department, regarding the Fire Department's response to the Pacific Gas & Electric vault fire on June 5, 2009. (Reference No. 20090609-006) (34) From State Fish and Game Commission, regarding proposed changes in regulations relating to the commercial herring fishery. (35) From concerned citizen, submitting opposition to closing any fire stations in San Francisco. (36) From concerned citizen, submitting opposition to any budget cuts in the Public Defender's Office. (37)

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 11:51:16 AM