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

April 14, 2009

City and County of San Francisco

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

City and County of San Francisco seal

MEETING MINUTES
Tuesday, April 14, 2009
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

Board of Supervisors

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

Members Present: Michela Alioto-Pier, John Avalos, David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell, Ross Mirkarimi.
Members Excused: None.
Members Absent: None.

ROLL CALL AND PLEDGE OF ALLEGIANCE
The meeting was called to order at 2:07 p.m. On the call of the roll all Supervisors were noted present.

APPROVAL OF MEETING MINUTES
Supervisor Maxwell, seconded by Supervisor Elsbernd, moved to approve the Board Meeting Minutes of March 17, 2009. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

CONSENT AGENDA

Recommendations of the Budget and Finance Subcommittee

090332 [Public Employment - San Francisco Employees' Retirement System] Mayor, Supervisor Elsbernd
Ordinance amending Ordinance No. 141-08 (Annual Salary Ordinance, FY 2008-2009) to reflect the addition of one position: 0965 Department Head V (FTE 0.19) and the deletion of one position: 0964 Department Head IV (FTE 0.19) at the San Francisco Employees' Retirement System.
Enacted Number: 65-09
FINALLY PASSED

090336 [Appropriating $4,211,947 of Revenue and General Fund Reserve for the November 2008 and May 2009 elections in the Department of Elections for Fiscal Year 2008-2009] Mayor
Ordinance appropriating $3,181,333 of State mandated cost reimbursement revenue, $79,597 of county candidate filing fee revenue, and $951,017 of General Fund Reserve, for a total appropriation of $4,211,947, for costs associated with the November 2008 General Election and May 2009 Special Election in the Department of Elections for Fiscal Year 2008-2009.

(Fiscal Impact.)
Enacted Number: 66-09
FINALLY PASSED

090324 [Accept and Expend Grant - U.S. Transportation Security Administration - $15,800,000] Supervisors Elsbernd, Chu
Resolution authorizing the Airport to retroactively negotiate and execute an Other Transaction Agreement from the Transportation Security Administration for the Terminal 2 In-Line Explosives Detection System Matrix, in the amount not to exceed $15,800,000, and accept and expend Federal funds.

(Fiscal Impact.)
Enacted Number: 116-09
ADOPTED

Recommendations of the Land Use and Economic Development Committee

081249 [Inclusionary In Lieu Fees For Small Site Acquisition and Rehabilitation] Supervisor Daly
Ordinance amending Planning Code Section 315.6 of the Residential Inclusionary Affordable Housing Program to provide that ten percent (10%) of in lieu fees paid under Section 315.6, not to exceed a maximum of $15 million at any one time, be designated exclusively for the acquisition and/or rehabilitation of affordable housing sites consisting of less than 25 units, and making findings including findings under CEQA.
Enacted Number: 63-09
FINALLY PASSED

090203 [Zoning Map Amendment - 401 - 421 Shields Street]
Ordinance amending the San Francisco Planning Code by amending Sheet 12 of the Zoning Map of the City and County of San Francisco to change the zoning of the properties located at 401-421 Shields Street, Block 7074, Assessor's Lot Nos. 001, 046, 047, 048, from P (Public) to RH-1 (Residential, House Districts, Single-Family); adopting findings, including environmental findings and findings of consistency with the General Plan and Priorities of Planning Code Section 101.1(b). (Planning Department)
Enacted Number: 62-09
FINALLY PASSED

Recommendations of the Rules Committee

090300 [Appointment, Bay Area Library and Information System Advisory Board - Anne Wintroub]
Motion appointing Anne Wintroub, term ending June 30, 2010, to the Bay Area Library and Information System Advisory Board.

Anne Wintroub, succeeding Nora Dowley, term expired, seat 1, must represent public at large and underserved residents, for the unexpired portion of a two-year term ending June 30, 2010.
Enacted Number: M09-66
APPROVED

090390 [Appointments, In-Home Supportive Services Public Authority - Mike Boyd, Gustavo Serina and Luis Calderon]
Motion appointing Mike Boyd, term ending March 1, 2011, Gustavo Serina and Luis Calderon, terms ending on March 1, 2012, to the In-Home Supportive Services Public Authority.

Mike Boyd, seat 1, succeeding Ethel Richardson, term expired, must be a consumer over the age of 55 years, authorized to represent organizations that advocate for aging people with disabilities, for the unexpired portion of a three-year term ending March 1, 2011. Gustavo Serina, seat 7, succeeding Gustavo Serina, term expired, must be a member of the Commission on the Aging, recommended to the Board by the Commission, for the unexpired portion of a three-year term ending March 1, 2012. Luis Calderon, seat 11, succeeding Luis Calderon, term expired, must be a consumer between the ages of 18 and 60, authorized to represent orgranizations that advocate for younger people with disabilities, for the unexpired portion of a three-year term ending March 1, 2012.
Enacted Number: M09-67
APPROVED

090391 [Appointments, Commission on Aging Advisory Council - Ken Prag and Sharon Eberhardt]
Motion appointing Ken Prag, term ending March 31, 2010, and Sharon Eberhardt, term ending March 31, 2011, to the Commission on Aging and Advisory Council.

Ken Prag, seat 7, succeeding Luis Calderon, term expired, must be nominee of District 8 Supervisor, for the unexpired portion of a two-year term ending March 31, 2010. Sharon Eberhardt, seat 9, succeeding Sharon Eberhardt, term expired, must be nominee of District 11 Supervisor, for a two-year term ending March 31, 2011.
Enacted Number: M09-68
APPROVED

The foregoing items were acted upon by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Severed from the Consent Agenda
Supervisor Daly requested that this matter be severed so that it might be considered separately.

090380 [Accept and Expend Grant - American Recovery and Reinvestment Act of 2009 (ARRA)] Mayor, Supervisors Elsbernd, Chiu, Chu
Resolution authorizing the filing of an application for Federal American Recovery and Reinvestment Act of 2009 (ARRA) funding, stating the assurance to complete the project, and authorizing the Director of Public Works to accept and expend Federal grant funds.
Enacted Number: 143-09
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Budget and Finance Committee

090024 [Modifies the cap on the amount that an individual production can receive under the Film Rebate Program, eliminates partial rebate of hotel and sales tax] Supervisors Alioto-Pier, Dufty
Ordinance amending Administrative Code Section 57.8 by changing the cap on individual rebates from the total amount of taxes that the production paid to the City, to $600,000, modifying the definition of "qualified production cost" by eliminating fees and hotel and sales taxes from that definition, and requiring good faith efforts to hire disadvantaged individuals as a condition of receipt of a rebate.
Supervisor Alioto-Pier moved to divide the question relating to the effective date of the "(2) Amount of Rebate. The City shall pay one dollar for each dollar the qualified low budget film production or qualified film production paid in qualified production cost not to exceed $1.8 million dollars by June 30, 2009. The rebate shall be paid from the fund into which the qualified production cost was originally deposited. In no event shall the amount of the any rebate paid after April 1, 2009 exceed $600,000.00 the total amount of taxes that the qualified film production or qualified low budget film production paid to the City. The rebate shall not be paid from funds dedicated under bond or other legal financing covenants.Rebates paid under this Ordinance (Ordinance No. 64-09) shall be paid only to those qualified film productions whose filming commenced on or after the effective date of this Ordinance." located from Page 3, Line 17, through Page 4, Line 2.

The question relating to the effective date of the "Amount of Rebate" was passed by the following vote:

Ayes: 6 - Avalos, Campos, Chiu, Mar, Maxwell, Mirkarimi

Noes: 5 - Alioto-Pier, Chu, Daly, Dufty, Elsbernd
Enacted Number: 64-09
FINALLY PASSED by the following vote:
Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
Noes: 1 - Daly

NEW BUSINESS

Recommendations of the Budget and Finance Subcommittee

090130 [Health Care Accountability Components] Supervisor Alioto-Pier
Ordinance amending Health Code Section 12Q.3 on the calculation of the health care accountability fee for covered contracting parties and increasing the existing fee and amending Section 12Q.2.9 to increase the number of hours an employee must work to be considered a covered employee.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
Noes: 1 - Daly

090260 [2009 Annual Fundraising Drive]
Resolution designating those agencies qualified to participate in the 2009 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco.
Enacted Number: 134-09
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090337 [Library Fee Amnesty Program] Mayor, Supervisors Chiu, Mirkarimi
Resolution authorizing the Library Commission to establish a fee amnesty program for overdue Library materials to take place during a two-week period in May 2009, pursuant to Section 8.21-3 of the San Francisco Administrative Code.
Enacted Number: 117-09
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090251 [Approve SFPUC Sunol Valley Construction Management Contract]
Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Water System Improvement Program-funded Professional Service Agreement No. CS-915R, Sunol Valley Regional Construction Management Services, with CH2MHill, for an amount not to exceed $16,000,000 with a term of up to 60 months, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission)

(Fiscal Impact.)
Enacted Number: 142-09
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Recommendation of the City Operations and Neighborhood Services Committee

090249 [Urging the organizers of the Bay to Breakers to collaborate on a comprehensive plan that protects the neighborhoods while preserving the unique spirit of the race] Supervisors Mirkarimi, Mar, Avalos, Maxwell, Campos, Dufty, Chiu
Resolution urging the sponsors of the Bay to Breakers race to work with city agencies, neighborhood groups, and race advocates to develop a comprehensive plan that protects the host neighborhoods while preserving the unique spirit of the race.
Amended on Page 3, Lines 8-9, after "Richmond" by adding "and Sunset."
Supervisor Chu, seconded by Supervisor Alioto-Pier, moved that this Resolution be AMENDED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

ADOPTED AS AMENDED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Recommendations of the Rules Committee

090199 [Conflict of Interest Code Amendments] Supervisor Daly
Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by amending sections 3.1-110, 3.1-120, 3.1-140, 3.1-145, 3.1-150, 3.1-155, 3.1-165, 3.1-175, 3.1-195, 3.1-207, 3.1-218, 3.1-240, 3.1-251, 3.1-253, 3.1-267, 3.1-275, 3.1-280, 3.1-285, 3.1-315, 3.1-320, 3.1-340, 3.1-345, 3.1-362, 3.1-365, 3.1-395, 3.1-410, 3.1-415, 3.1-420, 3.1-422, 3.1-435, 3.1-460, deleting sections 3.1-193, 3.1-300, 3.1-350, 3.1-425, and adding sections 3.1-158, 3.1-268, 3.1-350 to update the list of designated employees who must file financial disclosure statements and to modify the applicable disclosure categories.
Supervisor Daly requested to be added as sponsor.
Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Rules Committee. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090236 [Appointment, Historical Preservation Commission - Diane Matsuda]
Motion approving the Mayor's nomination for appointment of Diane Matsuda to the Historical Preservation Commission, Seat No. 7, for a four-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 090237. Transmittal date - February 24, 2009.)
Enacted Number: M09-69
APPROVED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Supervisor Avalos Excused From Voting
Supervisor Dufty, seconded by Supervisor Campos, moved to excuse Supervisor Avalos from voting on this matter. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
Excused: 1 - Avalos

090396 [Appointment, California State Association of Counties - Supervisor John Avalos]
Motion appointing Supervisor John Avalos, term ending November 28, 2009, as an alternate member to the California State Association of Counties Board of Directors.

Seat 2, succeeding Supervisor Carmen Chu, term expired, must be a member of the Board of Supervisors, for the unexpired portion of a one-year term ending November 28, 2009.
Enacted Number: M09-70
APPROVED by the following vote:
Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
Excused: 1 - Avalos

Supervisor Campos Excused From Voting
Supervisor Dufty, seconded by Supervisor Mar, moved to excuse Supervisor Campos from voting on this matter. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
Excused: 1 - Campos

090397 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor David Campos]
Motion appointing Supervisor David Campos, term ending January 31, 2011, to the Golden Gate Bridge Highway and Transportation District.
Enacted Number: M09-71
APPROVED by the following vote:
Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
Excused: 1 - Campos

CALLED FROM RULES COMMITTEE - PURSUANT TO RULE 5.31.1

090433 [Appointment, Golden Gate Bridge, Highway and Transportation District]
Motion to consider appointing one member, seat 2, public at large, for term ending January 31, 2011, to the Golden Gate Bridge, Highway and Transportation District.

2 Applicants - Larry Mazzola, Jr.; David H. Snyder
Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion FAILED by the following vote:
Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell
Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

Continued to April 28, 2009.
Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion FAILED by the following vote:
Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell
Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

Supervisor Daly, seconded by Supervisor Avalos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell

Motion appointing David Snyder, seat 2, public at large, for term ending January 31, 2011, to the Golden Gate Bridge, Highway and Transportation District.
APPROVED AS AMENDED by the following vote:
Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell

Recommendations of the Land Use and Economic Development Committee

081560 [India Basin Industrial Park Zoning Map Amendment] Supervisor Maxwell
Ordinance amending the San Francisco Planning Code by amending Sectional Map Sheets ZN08, ZN10, SU08 and SU10 to change the use classification of certain parcels in and around the India Basin Industrial Park Redevelopment Project Area from M-1 (Light Industrial) and M-2 (Heavy Industrial) Districts to PDR-1-B (Light Industrial, Buffer) and PDR-2 (Production, Distribution, and Repair) Districts and to incorporate all of the subject parcels into the India Basin Industrial Park Special Use District; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

081561 [India Basin Industrial Park, Planning Code Text Amendment] Supervisor Maxwell
Ordinance amending the San Francisco Planning Code by adding Section 249.42 to create a new India Basin Industrial Park Special Use District; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090252 [Street Encroachment at 3711-19th Avenue and Crespi Drive] Supervisor Elsbernd
Resolution granting revocable permission to Parkmerced Investors Properties LLC, to occupy portions of the public right-of-way to construct, realign, and maintain an existing paved curb island to improve pedestrian accessibility and vehicular traffic circulation and safety, resurface portions of Crespi Drive with new Bomanite stamped concrete paving and install three (3) decorative columns at the entry way to Crespi Drive public right-of-way, between 19th Avenue and Serrano Drive, to enhance the Property at 3711-19th Avenue (Assessor's Blocks 7315, 7316, 7320), conditioned upon the payment of an annual assessment fee; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Public Works Department)
Enacted Number: 133-09
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

090446 [Hearing - Adopting the Redevelopment Plan for the Visitacion Valley Redevelopment Project]
Hearing of persons interested in or objecting to proposed ordinance approving and adopting the Redevelopment Plan for the Visitacion Valley Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law; authorizing official acts in furtherance of this ordinance. (Clerk of the Board)
The President inquired as to whether any members of the public wished to address the Board members.

Redevelopment Agency Executive Director Fred Blackwell; Planning Department Director John Rahaim; and Redevelopment Manager Tom Evans; reviewed with Board the recommendations.

Fran Martin; Chris Barnett; Jonathan Scharfman; Karen Gilbert; Male speaker; Mary Hashman; Nick Wolff; David Cincotta; Mindy Kinner; Sergio Morales; all spoke in favor of the project.

The President declared the public hearing closed.
FILED.

Committee of the Whole Adjourn and Report Without Recommendation

Recommendations of the Land Use and Economic Development Committee

090222 [Adopting the Redevelopment Plan for the Visitacion Valley Redevelopment Project] Mayor, Supervisor Maxwell
Ordinance approving and adopting the Redevelopment Plan for the Visitacion Valley Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law; authorizing official acts in furtherance of this ordinance.

(Economic Impact)
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Continued to April 21, 2009.
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED AS AMENDED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090224 [Zoning Map Amendments In Connection With Visitacion Valley Redevelopment Plan] Supervisor Maxwell
Ordinance amending the Zoning Map of the City and County of San Francisco by amending Sheet 10SU to establish a special use district for all property located within the Visitacion Valley Redevelopment Project Area, generally including the properties bounded by Bayshore, Blanken and Tunnel Avenue to the San Francisco/San Mateo County line to the south, including the properties fronting Bayshore Boulevard from Arleta Avenue to the San Francisco/San Mateo County line to the south and including the properties fronting Leland Avenue from Cora Street to Bayshore Boulevard; amending Sheet 10H of the Zoning Map to change the Height and Bulk District of the Visitacion Valley Redevelopment Project Area from a 40-X Height and Bulk District to a 55-X Height and Bulk District for property located in Subarea Zone 2 of the Visitacion Valley Redevelopment Plan; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1.
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Continued to April 21, 2009.
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED AS AMENDED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090223 [Schlage Lock/Visitacion Valley Special Use District] Supervisor Maxwell
Ordinance amending the San Francisco Planning Code by adding Section 249.40 to establish the Visitacion Valley/Schlage Lock Special Use District which includes a portion of the Visitacion Valley neighborhood and the Schlage Lock site within the City and County of San Francisco, the boundaries of which are designated on Sectional Map No. 10 SU of the Zoning Maps of the City and County of San Francisco, and which generally includes the properties bounded by Bayshore, Blanken and Tunnel Avenue to the San Francisco/San Mateo County line to the south, including the properties fronting Bayshore Boulevard from Arleta Avenue to the San Francisco/San Mateo County line to the south and including the properties fronting Leland Avenue from Cora Street to Bayshore Boulevard; to require development within the Special Use District to adhere to the Visitacion Valley/Schlage Lock Design for Development document approved as part of the Visitacion Valley Redevelopment Plan.

(Economic Impact)
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Continued to April 21, 2009.
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED AS AMENDED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090202 [Approving General Plan Amendments Related to the Visitacion Valley Redevelopment Plan] Supervisor Maxwell
Ordinance amending the San Francisco General Plan by approving General Plan amendments to implement the Visitacion Valley Redevelopment Plan (which includes a portion of the Visitacion Valley neighborhood and the Schlage Lock site within the City and County of San Francisco, the boundaries of which are designated on Sectional Map No. 10 SU of the Zoning Maps of the City and County of San Francisco, and which generally includes the properties bounded by Bayshore, Blanken and Tunnel Avenue to the San Francisco/San Mateo County line to the south, including the properties fronting Bayshore Boulevard from Arleta Avenue to the San Francisco/San Mateo County line to the south and including the properties fronting Leland Avenue from Cora Street to Bayshore Boulevard) by amending the Arts Element, Commerce and Industry Element, Recreation and Open Space Element, Transportation Element, and Urban Design Elements; making environmental findings and findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1. (Planning Department)
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Continued to April 21, 2009.
Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED AS AMENDED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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

Privilege of the Floor
Supervisor Campos, seconded by Supervisor Dufty, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to Jesus "Chuy" Ballote for his contributions and being an active member of Kalpulli, HOMEY's social justice and youth organizing council.

Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to Guadalupe Carreno for her contributions to youth as a teaching apprentice at Jamestown Community Center's after-school enrichment program.

ROLL CALL FOR INTRODUCTIONS

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.

Abdullah Megaheed; expressed concern with issues relating to the decrease in tourism due to the homeless situation in San Francisco

James Chaffee; expressed concern with issues relating to the SF Public Library

Peter Warfield; expressed concern with issues relating to the closure of the Park Library

Mark Trout; expressed concern with issues relating to the Roman church

Walter; shared in song certain issues with the Board

Male speaker; expressed concern with issues relating to Federal Building seismic upgrade and human rights

Mike Patrellis; expressed concern with issues relating to anti-gay activism

Charles Marsel; expressed concern with issues relating to property on Lombard Street

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST

090445 [Office of the Legislative Analyst Request - Owner Move In Evictions] Supervisors Mar, Campos
Motion requesting the Legislative Analyst to research and obtain information on families with children who are evicted each year through the Owner Move In (OMI) eviction process; to work with all family service providers, eviction defense groups, landlord or apartment associations, and tenant groups to obtain data, hard numbers or anecdotal, that lend information to how many families face OMI evictions each year. We would also like to know how many families are threatened by OMI eviction and take relocation monies without reporting these evictions to the San Francisco Rent Board.
Supervisor Campos requested to be added as a co-sponsor.
APPROVED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

090425 [Condolences to the people of Italy and those affected by the L'Aquila earthquake] Supervisors Alioto-Pier, Campos
Resolution extending condolences and greatest sympathy to the people of Italy and those affected by the L'Aquila earthquake.
Supervisor Campos requested to be added as a co-sponsor.
Enacted Number: 140-09
ADOPTED

090426 [Commending Dwayne Kinner] Supervisors Avalos, Campos
Resolution commending and thanking Dwayne Kinner on the occasion of the 20th Anniversary of the Workers' Children's Fund Softball Tournament and for his hard work towards and dedication to enriching the lives of San Francisco's foster children.
Supervisor Campos requested to be added as a co-sponsor.
Enacted Number: 139-09
ADOPTED

090427 [Solidarity with the workers of Hyatt Fisherman's Wharf and HEI Le Meridien Hotel] Supervisors Chiu, Avalos, Mirkarimi, Mar, Campos
Resolution urging Hyatt Fisherman's Wharf and HEI Le Meridien Hotel to allow its workers to choose, free from delay and intimidation, whether to have a union through a card-check neutrality agreement.
Supervisors Mirkarimi, Mar, and Campos requested to be added as co-sponsors.
Enacted Number: 132-09
ADOPTED

090429 [Urging Federal authorities to approve the citizenship of Shirley Tan and pass the Uniting American Families Act] Supervisors Dufty, Campos, Chiu, Mar
Resolution urging Federal authorities to remove obstacles to United Citizenship for Shirley Tan, and urging the passage of the Uniting American Families Act (UAFA, H.R. 1024, S. 424).
Supervisors Chiu and Mar requested to be added as co-sponsors.
Enacted Number: 137-09
ADOPTED

090442 [Armenian Genocide Commemoration Day] Supervisors Elsbernd, Campos, Dufty, Mirkarimi, Alioto-Pier, Daly, Avalos, Chu, Chiu, Mar, Maxwell
Resolution declaring April 24, 2009, as Armenian Genocide Commemoration Day in San Francisco.
Enacted Number: 138-09
ADOPTED

090443 [Motion establishing Budget Analyst's 2009-2010 schedule of audits] Supervisor Mirkarimi
Motion repealing Motion No. 09-55 and adopting a new schedule of audits to be conducted of programs of City and County departments.
Enacted Number: M09-65
APPROVED

090444 [Supporting Assembly Bill 324, the Elder Economic Dignity Act of 2009] Supervisors Mirkarimi, Mar, Campos
Resolution supporting the California State Assembly Bill 324, the Elder Economic Dignity Act of 2009 .
Supervisors Mar and Campos requested to be added as co-sponsors.
Enacted Number: 136-09
ADOPTED

090448 [Supporting Assembly Bill 560, Net Metering] Supervisors Mirkarimi, Campos
Resolution supporting Assembly Bill 560 that would raise the cap on net metering, and possibly eliminate the cap entirely.
Supervisor Campos requested to be added as a co-sponsor.
Enacted Number: 135-09
ADOPTED

090389 [Final Map - 2200, 2208 Mission Street and 3417-18th Street]
Motion approving Final Map 4197, a 23 Residential Unit and 2 Commercial Unit Mixed-Use Condominium Project, located at 2200, 2208 Mission Street and 3417-18th Street being a subdivision of Lot 001 in Assessors Block No. 3589 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)

(DPW Order 178,010; District 9.)
Enacted Number: M09-73
APPROVED

The foregoing items were acted upon by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Severed from the For Adoption Without Committee Reference Agenda
Supervisor Dufty requested that this matter be severed so that it might be considered separately.

090428 [Condemning the persecution and murders of Lesbian Gay Bisexual Transgender (LGBT) Iraqi Citizens] Supervisors Dufty, Campos, Avalos, Mirkarimi
Resolution calling on the U.S. Department of State to use all diplomatic channels to work with the Iraqi Government to stop the persecution of Iraqi Lesbian Gay Bisexual Transgender (LGBT) citizens and immediately stop the murders of Iraqi LGBT citizens.
Supervisor Mirkarimi requested to be added as a co-sponsor.
Enacted Number: 141-09
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

090461 [Providing members of the public with access to language services] Supervisor Chiu
Ordinance amending the San Francisco Administrative Code by adding new Sections 91.1, 91.8, 91.11, 91.14, 91.18; amending Sections 91.2, 91.3, 91.4, 91.6; amending Section 91.8 and renumbering Section 91.8 as 91.9; amending Section 91.9 and renumbering Section 91.9 as 91.10; amending Section 91.11 and renumbering Section 91.11 as 91.13; amending Section 91.12 and renumbering Section 91.12 as 91.15; amending Section 91.14 and renumbering Section 91.14 as 91.17; renumbering Sections 91.10 as 91.12 and 91.13 as 91.16 to rename the Equal Access Ordinance to Language Access Ordinance and add findings; to develop language services protocols in crisis situations, to amend the contents required in departmental Annual Compliance Plans; to create reporting requirements, to create and outline the Office of Civic Engagement and Immigrant Affairs' responsibilities; to clarify the Ordinance intent to promote the general welfare of the public; to require all City departments to comply with the minimal requirements set forth in this Ordinance; to expand the number of City departments that must comply with the Ordinance in its entirety; to require all City departments to inform Limited English Speaking Persons of their rights under the Ordinance; to require all City Boards, City Commissions, and City Departments to translate meeting minutes; and to amend the compliant procedures.
4/14/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/13/2009.

090199 [Conflict of Interest Code Amendments] Supervisor Daly
Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by amending sections 3.1-110, 3.1-120, 3.1-140, 3.1-145, 3.1-150, 3.1-155, 3.1-165, 3.1-175, 3.1-195, 3.1-207, 3.1-218, 3.1-240, 3.1-251, 3.1-253, 3.1-267, 3.1-275, 3.1-280, 3.1-285, 3.1-315, 3.1-320, 3.1-340, 3.1-345, 3.1-362, 3.1-365, 3.1-395, 3.1-410, 3.1-415, 3.1-420, 3.1-422, 3.1-435, 3.1-460, deleting sections 3.1-193, 3.1-300, 3.1-350, 3.1-425, and adding sections 3.1-158, 3.1-268, 3.1-350 to update the list of designated employees who must file financial disclosure statements and to modify the applicable disclosure categories.
2/12/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 3/26/2009.
4/14/09, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new title.
4/14/09, ASSIGNED to Rules Committee.
4/14/09, RE-REFERRED to Rules Committee. Supervisor Daly requested to be added as sponsor.

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, San Francisco Planning Code Section 355(d), and 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.
4/7/09, RECEIVED AND ASSIGNED to Budget and Finance Committee.
4/14/09, SUBSTITUTED. Supervisor Dufty submitted a substitute ordinance bearing new title.
4/14/09, ASSIGNED to Budget and Finance Committee.

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.
2/24/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/26/2009. 3/2/09 - Referred to the Building Inspection Commission and the Small Business Commission for review and comment.
3/24/09, RESPONSE RECEIVED. Building Inspection Commission recommended approval of ordinance with amendments.
4/14/09, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title.
4/14/09, ASSIGNED to Land Use and Economic Development Committee.

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.
2/24/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/26/2009. 3/2/09 - Referred to the Building Inspection Commission and the Small Business Commission for review and comment.
3/24/09, RESPONSE RECEIVED. Building Inspection Commission recommended approval of ordinance with amendments.
4/14/09, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title.
4/14/09, ASSIGNED to Land Use and Economic Development Committee.

Resolutions

090462 [AmeriCorps Week - May 9 - 16, 2009] Supervisor Alioto-Pier
Resolution declaring May 9 - 16, 2009, AmeriCorps Week.
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090463 [Supporting Aerial Spraying of Pesticide: Inert Ingredients Act (Senate Bill 759)] Supervisor Alioto-Pier
Resolution urging the City and County of San Francisco to support Senate Bill 759, Aerial Spraying of Pesticide: Inert Ingredients Act.
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090464 [Congratulating President-Elect Mauricio Funes of El Salvador and encouraging further collaboration and solidarity with San Francisco's Sister City in El Salvador, Santa Tecla] Supervisors Campos, Avalos, Daly, Mar, Mirkarimi
Resolution congratulating President-Elect Mauricio Funes of El Salvador and encouraging further collaboration and solidarity with San Francisco's Sister City, Santa Tecla.
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090465 [Denouncing immigration raids and supporting comprehensive immigration reform] Supervisors Campos, Mar, Chiu
Resolution acknowledging immigrant contributions, denouncing Immigration and Customs Enforcement (ICE) raids, and supporting comprehensive immigration reform focused on family unity, worker justice, civil rights and a path to legalization.
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090466 [Taxi Medallion Fees] Supervisor Chiu
Resolution urging the San Francisco Municipal Transportation Agency to examine and consider taxi medallion fees.
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 4/17/09 - Referred to Small Business Commission.

090467 [Urging the United States Postal Service to issue a commemorative stamp in honor of Supervisor Harvey Milk] Supervisors Dufty, Campos
Resolution urging the United States Postal Service to issue a commemorative stamp in honor of Supervisor Harvey Milk.
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090468 [Commending Captain Denis O'Leary for his leadership at the Ingleside Station] Supervisors Dufty, Campos, Elsbernd, Avalos, Mirkarimi
Resolution commending Captain Denis O'Leary for his leadership at the Ingleside Station, and his accomplishments increasing public safety.
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

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.
4/14/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

090472 [Commending Neil G. Giuliano for his success as the President and voice of Gay and Lesbian Alliance Against Defamation (GLAAD)] Supervisor Dufty
Resolution commending Neil G. Giuliano for his dedication and service as the President of the Gay and Lesbian Alliance Against Defamation (GLAAD).
4/14/09, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

090456 [Youth Commission's Recommended Budget Priorities] Supervisor Avalos
Hearing on the Youth Commission's Recommended Budget Priorities.
4/14/09, RECEIVED AND ASSIGNED to Budget and Finance Committee.

090457 [Status of the implementation of the improvements to Duboce Park] Supervisor Dufty
Hearing to receive an update from the Recreation and Park Department (RPD) on the status of the implementation of the improvements to Duboce Park including the playground, pathways, proposed youth play zone, basketball courts, and western grassy play area.
4/14/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 4/17/09 - Referred to the Youth Commission for review and comment.

090458 [San Francisco Botanical Gardens] Supervisor Mar
Hearing to discuss the Recreation and Park Department's proposal to charge an entrance fee to the San Francisco Botanical Gardens.
4/14/09, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

090459 [Eastern Neighborhoods Plans] Supervisor Maxwell
Hearing on the implementation of the recently adopted Eastern Neighborhoods Plans.
4/14/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

090460 [Process and selection of San Francisco Police Department Ingleside District Station for community policing] Supervisors Mirkarimi, Campos, Dufty
Hearing on the process and selection of San Francisco Police Department (SFPD) Ingleside District Station as the pilot station for community policing as outlined by the performance review.
4/14/09, RECEIVED AND ASSIGNED to Public Safety Committee.

Motions

090470 [Appointment, Entertainment Commission - Nicky Calma]
Motion approving the Mayor's nomination for appointment of Nicky Calma to the Entertainment Commission, for the unexpired portion of a four-year term ending July 1, 2009. (Clerk of the Board)

(Section 4.117 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. Transmittal date - 4/14/09.)
4/14/09, RECEIVED AND ASSIGNED to Rules Committee.

090471 [Appointment, Entertainment Commission - Nicky Calma]
Motion rejecting the Mayor's nomination for appointment of Nicky Calma to the Entertainment Commission, for the unexpired portion of a four-year term ending July 1, 2009. (Clerk of the Board)

(Section 4.117 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. Transmittal date - 4/14/09.)
4/14/09, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

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)
3/31/09, RECEIVED AND ASSIGNED to Rules Committee.

090388 [Zoning - Establishing the 1500 Page Street Residential Care Special Use District] Supervisor Mirkarimi
Ordinance amending the San Francisco Planning Code by adding Sections 249.41 and 263.22 to establish the 1500 Page Street Residential Care Special Use District (SUD), encompassing the real property located at 1500 Page Street (Assessor's Block 1223, Lot 004), to permit the expansion of a building used for residential care; and adopting General Plan, Planning Code and environmental findings. (Planning Commission)
4/2/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/14/2009.

090392 [Zoning - Ordinance amending Planning Code Section 309.1]
Ordinance amending Section 309.1 to the Planning Code to allow a design review exception for Downtown Residential districts permitting minor height measurement modifications that could otherwise be modified as a Planned Unit Development pursuant to Section 304. (Planning Department)
4/6/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/14/2009.

PROPOSED RESOLUTIONS

090383 [In Home Supportive Services Contract with IHSS Consortium of San Francisco]
Resolution approving the contract between the City and County of San Francisco and the IHSS Consortium of San Francisco for the provision of In-Home Supportive Services for the period from July 1, 2009, to June 30, 2013, in the amount of $74,996,175. (Human Services Department)

(Fiscal Impact.)
3/31/09, RECEIVED AND ASSIGNED to Budget and Finance Committee.

090384 [Settlement of Unlitigated Claim - Allstate Insurance Company - $30,000]
Resolution approving the settlement of unlitigated claim of Allstate Insurance Company as subrogee for Rajitha Sangha against San Francisco for $30,000; claim was filed on October 22, 2008. (City Attorney)
3/31/09, RECEIVED AND ASSIGNED to Rules Committee.

090386 [Approval of Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $18,250,293.80]
Resolution approving Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 30-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, delete special tools that are no longer needed, and purchase training modules, at an additional cost of $1,075,524 for a total contract amount not to exceed $18,250,293.80. (Municipal Transportation Agency)

(Fiscal Impact.)
3/2/09, RECEIVED AND ASSIGNED to Budget and Finance Committee.

090387 [Approval of Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $32,223,133.25]
Resolution approving Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 40-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, at an additional cost of $2,520,000 for a total contract amount not to exceed $32,223,133.25. (Municipal Transportation Agency)

(Fiscal Impact.)
4/2/09, RECEIVED AND ASSIGNED to Budget and Finance Committee.

Requests Granted

From: Supervisor Dufty
To: The Honorable Jared Polis, Member of Congress, 501 Cannon H.O.B., Washington, D.C. 20515-0602
Requesting/Inquiring: Supervisor Bevan Dufty requests that we advise you of the Board's passage of Resolution No. 090428 condemning the persecution and murders of Lesbian, Gay, Bisexual, and Transgender (LGBT) Iraqi Citizens and that the Board commends your leadership and advocacy during your Congressional visit to Baghdad drawing attention the pervasive violence and killings of Gay Iraqi's and insistence that the United States and Government of Iraq take action to make these killings stop.

Cc: The Honorable Nancy Pelosi
Speaker, U.S. House of Representatives
450 Golden Gate Avenue, 14th Floor
Washington, D.C., 20515-0602

The Honorable Jackie Speier
Member of Congress
400 S. El Camino Real, Suite 410
San Mateo, CA 94402

From: Supervisor Mirkarimi
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to draft legislation that allows the San Francisco Department of Public Health to establish a pilot program for administering and directly distributing medical cannabis in accordance with Proposition 215 and SB 420.

From: Supervisor Mirkarimi
To: Director, Department of Public Work
Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following public property locations:

Utility Boxes
Southeast corner Post and Broderick
Southwest corner Bush and Divisadero
Southwest corner Broderick and Fulton
Northeast corner Laguna and Oak
Southwest corner Geary and Webster
Southwest corner Scott and Haight
Northwest corner Waller and Scott

Bus Shelters
Southwest corner Pierce & Haight
Southside of Street at Haight & Buena Vista West
Fillmore and Haight (all 4 bus stops, graffiti and grime)

Emergency Boxes
Southeast corner Scott & Oak

From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations:


San Francisco Bay Guardian
Southeast corner of Fillmore and Post
Southwest corner of Divisadero and Sutter
9th Avenue and Judah (near bus stops)
7th Avenue and Irving (near bus stops)
Northwest corner of Hayes and Fillmore
Southeast corner of Fillmore and Haight

San Francisco Chronicle
Northwest corner of Fillmore and Hayes
Southeast corner of Haight and Fillmore
Irving and 9th Avenue
Irving and 7th Avenue
Southwest corner of Haight and Clayton
Southeast corner of Haight and Masonic

Examiner
Northwest corner of Fillmore and Hayes
Southeast corner of Haight and Fillmore

SF Daily
Northwest corner of Hayes and Gough

City Star
Northwest corner of Hayes and Gough
Southeast corner of Fillmore and Haight

SF Weekly
Southeast corner of Masonic and Haight and Southeast corner of Haight and Fillmore

From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations:

Garbage Cans
Southwest corner Webster and Haight
Southwest corner Oak & Fillmore
Northwest corner Sutter & Scott
Northwest Baker & Haight
Southeast corner Masonic & Haight
Northwest McAllister & Haight

Mailboxes
Northwest corner Cole and Page
Southwest Fillmore & Hermann

From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations:

In front of 588 Haight Street, street and gutter repair, DPW fixed it recently but it still floods by the City gutter, and the pavement is uneven and cracking.


From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations:

Metal Poles
In front of 1260 Haight
In front of 937 Haight
Northwest corner Divisadero and Haight
Southeast corner Pierce and Haight
Southeast corner Potomac and Haight

Wood Pole
Southwest corner Page and Shrader
Southeast corner Frederick and Shrader

From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations:
1805 Divisadero
583 Haight
237 Steiner
494 Haight
55 Laguna (Haight & Buchanan)
478 Haight
546 Haight
44 Haight
1576 Page
400 Ashbury
1638 Stanyan
193 Haight
339 Fillmore
1399 Haight
1213 Fell
1401 Haight
1366 Haight
1220 Haight
1301 Haight
1431 Haight
1192 Haight
1444 Haight
963 Haight
1470 Haight
799 Haight
1599 Haight
807 Haight
501 Fillmore

In Memoriams
Redmond Kernan - Entire Board

Dr. Richard Johnson - Supervisor Daly

John Byrd - Supervisor Dufty

Annette Lillian Friedman Clark - Supervisor Dufty

David Brett Bullen - Supervisor Dufty

Michael P. Kenny - Supervisor Dufty

Lilian (Lily) Gaspari Ghielmetti - Supervisor Dufty

Tom Kennedy - Supervisor Mirkarimi

ADJOURNMENT
There being no further business, the Board adjourned at the hour of 5:12 p.m.

Angela Calvillo, Clerk of the Board

N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

Approved by the Board of Supervisors on May 12, 2009.

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.

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: 9/12/2014 1:52:59 PM