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October 06, 2009

Board of Supervisors
City and County of San Francisco

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

City and County of San Francisco seal 

AGENDA
Tuesday, October 6, 2009
2:00 PM

Regular Meeting


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

Angela Calvillo, Clerk of the Board


ROLL CALL AND PLEDGE OF ALLEGIANCE 

AGENDA CHANGES 

COMMUNICATIONS 

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

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

Items 1 through 9 

Recommendation of the Budget and Finance Committee 
Present: Supervisors Avalos, Mirkarimi, Chu 

1.  091007  [Airport Concession Lease] 
Resolution approving the Terminal 3 Concourse Specialty Store Lease to Air Sun, a joint venture between Sunglass Hut Trading, LLC and Corliss Stone-Littles, LLC, and the City and County of San Francisco, acting by and through its' Airport Commission. (Airport Commission)
Question: Shall this Resolution be ADOPTED? 

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

2.  090909  [Citizen's Committee on Community Development]  Mayor, Supervisors Daly, Avalos, Mirkarimi, Mar 
Ordinance amending the San Francisco Administrative Code by adding Section 2A.290 to establish the Citizen's Committee on Community Development, an advisory body jointly appointed by the Mayor and the Board of Supervisors, that is responsible for making policy recommendations and providing for citizen participation regarding community development strategy in the City, and making annual funding recommendations for the Federal Housing and Urban Development Community Development Block Grant and Emergency Shelter Grant programs.
9/22/2009, PASSED, ON FIRST READING. Supervisor Mar requested to be added as a co-sponsor. 
Question: Shall this Ordinance be FINALLY PASSED? 

Recommendations of the Rules Committee 
Present: Supervisors Campos, Daly 

3.  090955  [Settlement of Administrative Enforcement Action - $115,000] 
Resolution approving the settlement of the unlitigated administrative enforcement action filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $115,000.
Question: Shall this Resolution be ADOPTED? 

4.  091005  [Settlement of Unlitigated Claim - Rajitha Sangha - $30,000] 
Resolution approving the settlement of the unlitigated claim of Rajitha Sangha against the City and County of San Francisco for $30,000; claim was filed on July 7, 2008. (City Attorney)
Question: Shall this Resolution be ADOPTED? 

5.  091006  [Settlement of Unlitigated Claim - Ferry Building Associates - $107,798.50] 
Resolution approving the settlement of the unlitigated claim filed by Ferry Building Associates against the City and County of San Francisco for $107,798.50; claim was filed on January 26, 2009. (City Attorney)
Question: Shall this Resolution be ADOPTED? 

6.  091009  [Settlement of Unlitigated Claim - Rose Dennis - $90,670.20] 
Resolution approving settlement of the unlitigated claim submitted by Rose Dennis against the City and County of San Francisco for $90,670.20; claim was submitted on April 2, 2009. (City Attorney)
Question: Shall this Resolution be ADOPTED? 

7.  091048  [Appointment, Sunshine Ordinance Task Force - Suzanne Manneh] 
Motion appointing Suzanne Manneh, term ending April 27, 2011, to the Sunshine Ordinance Task Force, residency requirement waived.
Question: Shall this Motion be APPROVED? 

8.  091049  [Appointments, Assessment Appeals Board No. 1 - Alec Lambie, Lawrence Lee, Hayes Miles and Scott Spertzel] 
Motion appointing Alec Lambie, Lawrence Lee, Hayes Miles and Scott Spertzel, terms ending September 7, 2012, to the Assessment Appeals Board No. 1.
Question: Shall this Motion be APPROVED? 

Present: Supervisors Campos, Daly, Alioto-Pier 

9.  091050  [Appointments, Assessment Appeals Board No. 2 - Louisa Mendoza, John McGary, Donna Crowder and Arthur Tom] 
Motion appointing Louisa Mendoza, John McGary, Donna Crowder and Arthur Tom, terms ending September 7, 2012, to the Assessment Appeals Board No. 2.
Question: Shall this Motion be APPROVED? 

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

REGULAR AGENDA 

NEW BUSINESS 

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

10.  090938  [San Francisco Special Tax Financing Law]  Supervisors Mar, Mirkarimi 
Ordinance amending the San Francisco Administrative Code Special Tax Financing Law, constituting Article 43.10, to authorize water conservation and water pollution control equipment and improvements as facilities eligible for funding through the formation of special tax districts, the imposition of special taxes, and the issuance of bonds secured by special tax funds and related technical amendments.
Question: Shall this Ordinance be PASSED ON FIRST READING? 

11.  090992  [Recreation and Park - Farmers' Market Fees - $475 per market location for six months]  Supervisor Mirkarimi 
Ordinance amending the San Francisco Park Code Section 7.21 to establish farmers' market fees at $475 per market location for six months of operation.
Question: Shall this Ordinance be PASSED ON FIRST READING? 

12.  090908  [Approving Advanced Train Control System Improvement Services and Equipment Purchases]  Supervisor Dufty 
Resolution approving Municipal Transportation Agency Contract No. 1226, Advanced Train Control System Improvement Services and Equipment Purchases, with Thales Transport & Security, Inc., for an amount not to exceed $30,000,000 for a term not to exceed five years with an option to extend the term an additional three years.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED? 

13.  090939  [Adoption of Local Goals and Policies for Mello-Roos Community Facilities Districts]  Supervisors Mar, Mirkarimi 
Resolution adopting local goals and policies for Mello-Roos Community Facilities Districts.
Question: Shall this Resolution be ADOPTED? 

14.  091055  [Adopting findings related to San Francisco Public Utilities Commission Water System Improvement Program (WSIP) Pulgas Balancing Reservoir Structural Rehabilitation and Roof Replacement Project] 
Resolution adopting findings under the California Environmental Quality Act, CEQA Guidelines and San Francisco Administrative Code Chapter 31, including the adoption of mitigation monitoring and reporting program related to the funding of the Pulgas Balancing Reservoir Structural Rehabilitation and Roof Replacement Project, and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission)
Question: Shall this Resolution be ADOPTED? 

15.  091114  [Hunters Point Shipyard Cooperative Agreement for Fire and Medical Services]  Mayor, Supervisor Maxwell 
Resolution authorizing the San Francisco Fire Department to enter a five-year Cooperative Agreement with the United States Navy to provide fire and emergency medical services to portions of the Hunters Point Shipyard remaining under federal ownership, and to accept and expend funds provided to the Fire Department by the Navy as reimbursement for services provided under that agreement.
Question: Shall this Resolution be ADOPTED? 

16.  091120  [2008 Community Needs Assessment and 2010-2013 Children's Services Allocation Plan]  Mayor 
Resolution approving the Children's Services Allocation Plan for the Children's Fund in accordance with Section 16.108 of the San Francisco Charter.
Question: Shall this Resolution be ADOPTED? 

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

17.  090477  [Amending Planning Code - South of Market (SOMA) Community Stabilization Fund]  Supervisor Daly 
Ordinance amending Section 318.2 and 318.7 of the San Francisco Planning Code to clarify certain provisions relating to the South of Market (SOMA) Stabilization Fund to clarify that the Mayor's Office of Community Investment, the successor to the Mayor's Office of Community Development, will manage and expend the Fund; and amending Section 318.3 to clarify that the SOMA Stabilization fee is due before issuance of the final certificate of occupancy or within a time certain after the issuance of a first certificate of occupancy, whichever is sooner; and making certain findings including findings under the California Environmental Quality Act.
Question: Shall this Ordinance be PASSED ON FIRST READING? 

18.  090791  [Changing the official sidewalk width - 20th, Minnesota, and Indiana Streets] 
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1584 to change the official sidewalk width on the north side of 20th Street between Minnesota and Indiana Streets, southwest corner of 20th and Minnesota Streets, and southeast corner of 20th and Indiana Streets; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department)
Question: Shall this Ordinance be PASSED ON FIRST READING? 

19.  090963  [Interim Zoning Controls requiring conditional use authorization for Tobacco Paraphernalia Establishments, as defined, in the Polk Street Neighborhood Commercial District]  Supervisor Chiu 
Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for Tobacco Paraphernalia Establishments, as defined, and subject to specified exceptions, in the Polk Street Neighborhood Commercial District, for a one year period, and making findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.
Question: Shall this Resolution be ADOPTED? 

Recommendation of the Public Safety Committee 
Present: Supervisors Chiu, Mirkarimi, Alioto-Pier 

20.  091031  [Police Department Command Staff]  Supervisors Campos, Alioto-Pier, Avalos, Chiu, Daly, Mar, Maxwell, Mirkarimi 
Ordinance amending the San Francisco Administrative Code to authorize the Chief of Police to appoint to any non-civil service rank above the rank of Captain (a) any member of the Police Department who has had supervisory experience over other sworn law enforcement officers; and (b) for a period of five years from the effective date of this ordinance, any sworn law enforcement officer with such supervisory experience from any local, state or federal agency that employs sworn law enforcement officers, provided that only one such officer may hold an appointment at any one time.
Question: Shall this Ordinance be PASSED ON FIRST READING? 

Recommendation of the Rules Committee 
Present: Supervisors Campos, Daly, Alioto-Pier 

21.  090877  [Confirming the Mayor's reappointment of Kimberly K. Brandon to the San Francisco Port Commission]  Mayor 
Motion confirming the Mayor's reappointment of Kimberly K. Brandon to the San Francisco Port Commission for a four-year term ending May 1, 2013.
Question: Shall this Motion be APPROVED? 

SPECIAL ORDER 3:00 P.M. 

Board of Supervisors Sitting as a Committee of the Whole 
Pursuant to Health and Safety Code Section 33433 (Approval by the Legislative Body after Public Hearing) requires the Board to sit as a Committee of the Whole prior to taking action on this matter. 

22.  091135  [Committee of the Whole - Acquisition of Muni Fillmore Substation at 1190 Fillmore Street]  Supervisor Mirkarimi 
Hearing of persons interested in or objecting to proposed Resolution approving the acquisition of real property with improvements located at 1190 Fillmore Street (at Turk Street), together with a Certificate for 171,308 units of Transferable Development Rights and $135,225 in predevelopment planning funds from the San Francisco Redevelopment Agency for the rehabilitation of the Muni Substation, at no cost to the City.
Action:___________________________ 

Committee of the Whole Adjourn and Report Without Recommendation 

23.  090993  [Acquisition of Muni Fillmore Substation at 1190 Fillmore Street]  Supervisor Mirkarimi 
Resolution approving the acquisition of real property with improvements located at 1190 Fillmore Street (at Turk Street), together with a Certificate for 171,308 units of Transferable Development Rights and $135,225 in predevelopment planning funds from the San Francisco Redevelopment Agency for the rehabilitation of the Muni Substation, at no cost to the City.
9/22/2009, CONTINUED. Continued to October 6, 2009. 
Question: Shall this Resolution be ADOPTED? 

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

SPECIAL ORDER 4:00 P.M. 

APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4 pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4 pm:
 

1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order
of those closest to deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by
the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning
at 4 pm.
5. Appeals involving participants who have ADA considerations may be set for specific times
beginning at 4 pm.
 

24.  091082  [Public Hearing - Appeal of Final Mitigated Negative Declaration - 1390 Market Street] 
Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 17892, adopted May 28, 2009, Case No. 2005.0979E, approving a Final Mitigated Negative Declaration for the proposed development project located at 1390 Market Street (Assessor's Block No. 0813, Lot No. 006). The proposal would demolish an existing two-story retail and office building and construct a new 120-foot-tall, 11-story building containing up to 250 dwelling units and approximately 19,880 gross square feet of ground-floor retail use. There would be no change to an existing mixed-use tower on the site, and no new parking would be provided (18 existing spaces would be removed); parking for the new residential units would be within an existing two-level basement.(Appellant: Sue C. Hestor on behalf of San Franciscans for Reasonable Growth)
(Filed 9/3/09; Companion Measure to Files 091083, 091084, 091085; District 6.)

Action:___________________________ 

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the final mitigated negative declaration decision described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

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

25.  091083  [Affirming adoption of the final mitigated negative declaration for 1390 Market Street] 
Motion affirming Planning Commission adoption of the final mitigated negative declaration for 1390 Market Street.
Question: Shall this Motion be APPROVED? 

26.  091084  [Reversing adoption of the final mitigated negative declaration for 1390 Market Street] 
Motion reversing the Planning Commission adoption of the final mitigated negative declaration for 1390 Market Street.
Question: Shall this Motion be APPROVED? 

27.  091085  [Preparation of findings to reverse adoption of the final mitigated negative declaration for 1390 Market Street] 
Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the final mitigated negative declaration for 1390 Market Street.
Question: Shall this Motion be APPROVED? 

COMMITTEE REPORTS 
Reports from committees, if any, recommending emergency or urgent measures. 
The following item will be considered by the Public Safety Committee at a Regular Meeting on Monday, October 5, 2009. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, October 6, 2009. 

28.  091053  [Approval of the cost extension application for HIV prevention projects]  Supervisor Dufty 
Resolution authorizing the San Francisco Department of Public Health to submit a two-year application for calendar years 2010 and 2011, to continue to receive funding for the "HIV Prevention Projects" grant from the Centers for Disease Control and Prevention, in the total amount of approximately $16,000,000 in HIV prevention funding for San Francisco; from January 1, 2010, through December 31, 2011. (Public Health Department)
Question: Shall this Resolution be ADOPTED? 

 

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. Rules of Order Section 3.11 provides that a unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. 

Items 31 through 40 

31.  091143  [Welcoming the Presidents Cup to San Francisco]  Supervisor Elsbernd 
Resolution welcoming The Presidents Cup to Harding Park Golf Course.
9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Resolution be ADOPTED? 

32.  091144  [Commending Bart Duncan for all of his work with the City and County of San Francisco]  Supervisor Dufty 
Resolution commending Bart Duncan for his more than 8 years of service to the City and County of San Francisco and for his leadership as the Director of Health Services.
9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Resolution be ADOPTED? 

33.  091145  [Amending meeting requirements for the Children's Collaborative Task Force]  Supervisor Alioto-Pier 
Resolution amending Resolution 358-07, to allow the Children's Collaborative Task Force to begin meeting prior to the appointment of all its members.
9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Resolution be ADOPTED? 

34.  091153  [Bay Area Youth Sports Foundation Day in San Francisco]  Supervisor Alioto-Pier 
Resolution declaring Thursday, October 8, 2009, Bay Area Youth Sports Foundation Day in San Francisco.
9/29/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Resolution be ADOPTED? 

35.  091146  [Final Map - 2242-2256 15th Street] 
Motion approving Final Map 4773, a merger and resubdivision, Parcel "B" being a six unit residential condominium project, located at 2242-2256 15th Street being a subdivision of Lot Nos. 103 and 104 in Assessors Block No. 3540 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,244; District 8.)

9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Motion be APPROVED? 

36.  091147  [Final Map - 2189 Bay Shore Boulevard] 
Motion approving Final Map 5584, a five residential unit and two commercial unit mixed-use condominium project, located at 2189 Bay Shore Boulevard being a subdivision of Lot No. 021 in Assessors Block No. 5066B and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,327; District 10.)

9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Motion be APPROVED? 

37.  091148  [Final Map - One Hawthorne Street] 
Motion approving Final Map 5278, a 165 residential unit and one commercial unit mixed-use condominium project, located at One Hawthorne Street being a subdivision of Lot No. 047 in Assessors Block No. 3735 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,330; District 6.)

9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Motion be APPROVED? 

38.  091149  [Final Map - 7 Vandewater Street, 418-420 Francisco Street] 
Motion approving Final Map 5590, a ten unit residential and one unit commercial mixed-Use condominium project, located at 7 Vandewater Street and 418-420 Francisco Street being a subdivision of Lot No. 103 in Assessors Block No. 0041 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,332; District 3.)

9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Motion be APPROVED? 

39.  091150  [Final Map - 723 Taylor Street] 
Motion approving Final Map 4868, a twelve unit residential condominium project, located at 723 Taylor Street being a subdivision of Lot 004 in Assessors Block No. 0282 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,333; District 3.)

9/22/2009, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 
Question: Shall this Motion be APPROVED? 

40.  091154  [Final Map - 860 Waller Street] 
Motion approving Final Map 5147, a five unit residential condominium project, located at 860 Waller Street being a subdivision of Lot No. 013 in Assessors Block No. 1240 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order 178,346; District 5.)

9/29/2009, 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:_________________________________________ 

41.  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 September 15, 2009, to September 28, 2009, for reference by President to appropriate committee on October 6, 2009. 

091075  [Settlement of Lawsuit - Bernard and Mildred Bolton - $650,000] 
Ordinance authorizing settlement of the lawsuit filed by Bernard and Mildred Bolton against the City and County of San Francisco for $650,000; the lawsuit was filed on October 15, 2008, in San Francisco Superior Court, Case No. 480-896; entitled Bernard and Mildred Bolton, et al., v. City and County of San Francisco, et al. (City Attorney)
9/17/2009, RECEIVED AND ASSIGNED to Rules Committee. 

091076  [Settlement of Lawsuit - Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco - $1,750,000] 
Ordinance authorizing settlement of the lawsuit filed by Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco against the City and County of San Francisco for $1,750,000; the lawsuit was filed on January 16, 2009, in San Francisco Superior Court, Case No. 484-171; entitled Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco, et al. v. City and County of San Francisco, et al. (City Attorney)
9/17/2009, RECEIVED AND ASSIGNED to Rules Committee. 

091080  [Settlement of Lawsuit - Duncan Briggs - $65,000] 
Ordinance authorizing settlement of the lawsuit filed by Duncan Briggs against the City and County of San Francisco for $65,000; the lawsuit was filed on August 19, 2008, in San Francisco Superior Court, Case No. 478-836; entitled Duncan Briggs, et al. v. City and County of San Francisco, et al. (City Attorney)
9/22/2009, RECEIVED AND ASSIGNED to Rules Committee. 

091086  [Settlement of Lawsuit - Jeanne Schoenstein - $225,000.00] 
Ordinance authorizing settlement of the lawsuit filed by Jeanne Schoenstein against the City and County of San Francisco and Marcelo Samame for $225,000.00, inclusive of attorneys' fees and costs; the lawsuit was filed on July 14, 2008, in San Francisco Superior Court, Case No. CGC-08-477472; entitled Schoenstein, et al., v. City and County of San Francisco, et al. (City Attorney)
9/22/2009, RECEIVED AND ASSIGNED to Rules Committee. 

PROPOSED RESOLUTIONS 
Proposed resolutions received from September 15, 2009, to September 28, 2009, for reference by President to appropriate committee on October 6, 2009. 

091124  [Amendment to Treasure Island Land and Structures Master Lease] 
Resolution approving the Thirty Third Amendment to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority)
9/18/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee. 

091125  [Amendment to Treasure Island South Waterfront Master Lease] 
Resolution approving the Twenty Fifth Amendment to the Treasure Island South Waterfront Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority)
9/18/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee. 

091126  [Amendment to Treasure Island Marina Master Lease] 
Resolution approving the Thirteenth Amendment to the Treasure Island Marina Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority)
9/18/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee. 

091127  [Amendment to Event Venues Master Lease] 
Resolution approving the Twenty First Amendment to the Treasure Island Event Venues Master Lease between the Treasure Island Development Authority and the U.S. Navy to extend the term. (Treasure Island Development Authority)
9/18/2009, RECEIVED AND ASSIGNED to Budget and Finance Committee. 

091151  [Petitions and Communications] 
Petitions and Communications received from September 15, 2009, through September 28, 2009, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 6, 2009.

From Willie Kennedy, submitting letter supporting the re-appointment of Ms. Kim Brandon to the Port Commission. File 090877 (1)

From Aaron Goodman, submitting letter regarding the September 10, 2009, Planning Commission meeting. (2)

From Department of Public Health, regarding the impact of the enrollment freeze in the Healthy Families Program on San Francisco's children and youth. (Reference No. 20090721-007) (3)

From Budget Analyst, regarding status of the Marina Yacht Harbor Fund Audit. (Reference No. 20090728-001) (4)

From Office of the Controller, submitting supplemental appropriation de-appropriating $510,006 of the General Fund restorations to the Department of Children, Youth and Their Families to restore reductions to Grants for the Arts in the General Services Agency, City Administrator for FY 2009-2010. (Reference No. 20090721-001) (5)

From Clerk of the Board, submitting Form 700 Statement of Economic Interest for Victor Lim, assuming office, Legislative Aide to Supervisor Chiu. (6)

From Capital Planning Committee, submitting recommendations for the following resolutions: adopting Local Goals and Policies for Mello-Roos Districts; (2) accepting and expending American Recovery and Reinvestment Act of 2009 Energy Efficiency Conservation and Block Grant Funds; and (3) accepting and expending American Recovery and Reinvestment Act grant funds for Runway Overlay and Reconstruction. Copy: Each Supervisor, Budget and Finance Clerk (7)

From Office of the Controller, regarding the audit review for the Office of Citizens Complaints. Copy: Each Supervisor (8)

From Dr. Ahimsa Sumchai, regarding the State law that requires all fitness and recreation centers to maintain an automatic defibrillator. (9)

From Arts Commission, responding to inquiry on the possibility of providing a long-term or permanent display of the statue of Thomas Starr King in City Hall. (Reference No. 20090609-003) (10)

From Office of the Treasurer, submitting the investment activity (for fiscal year to date) of the portfolios under the Treasurer's management. (11)

From Denise D'Anne, regarding Para Transit and our air quality in San Francisco. (12)

From Office of the Controller, submitting their monthly overtime report listing the five City departments using the most overtime in the preceding month. Copy: Each Supervisor, Budget and Finance Clerk (13)

From Office of the Sheriff, submitting letter advising the Board of Supervisors that the daily prisoner population in the county jails has increased almost seven percent in less than a month and over twelve percent since the beginning of the fiscal year. (14)

From Office of the Controller, submitting memo updating the August 4, 2009, preliminary report on the estimated City General Fund impact from adoption of the State budget, in compliance with Section 9.3 of the FY 2009-2010 Annual Appropriation Ordinance. Copy: Each Supervisor (15)

From Department of Public Health, regarding the impact of the enrollment freeze in the Healthy Families Program on San Francisco's children and youth. (Reference No. 20090721-007) Copy: Supervisor Alito-Pier (16)

From Aaron Goodman, urging the Board of Supervisors to address the inconsistencies in the proposed St. Francis Circle changes, so adequate overall improvements in the M-Line and K-Line trains are implemented so that speed, safety, and reliability do not impact negatively the numerous people whom rely on these transit systems daily. Copy: Each Supervisor (17)

From Roger Rublick, regarding ways to keep Muni safe. (18)

From Patrick Monette-Shaw, submitting opposition to proposal to cut SNF beds until the number of SNF bed cuts at Laguna Honda is revealed.(19)

From Department of the Environment, regarding the Green Purchasing Program in San Francisco. (20)

From Ahimsa Porter Sumchai, regarding the proposed tax on carbonated beverages in San Francisco. (21)

From Francisco Da Costa, regarding endorsing the Precautionary Principle. (22)

From concerned citizens, submitting support for restoring Sharp Park to a natural area.2 letters (23)

From concerned citizens, submitting support for preserving the historic 18-hole Sharp Park Golf Course. 5 letters (24)

From Office of the Mayor, submitting appointment of JD Beltran as a member of the Arts Commission, term ending January 15, 2012.Copy: Each Supervisor (25)

From Abdullah Megahed, submitting copy of letter sent to Mayor Newsom regarding business practices at 990 Polk Street. (26)

From Planning Department, submitting notice of a public hearing on October 15, 2009, regarding California Pacific Medical Center.Copy: Each Supervisor (27)

From Municipal Transportation Agency, submitting an update of Municipal Transportation Agency American Recovery and Reinvestment Act Projects. Copy: Each Supervisor (28)

From Thomas Cole, regarding animal welfare in the Bay Area. (27)

From Bill Quan, submitting opposition to proposed legislation that would prohibit owner move-in evictions of households with a child under the age of 18. File No. 090835 (28)

From Residential Rent Stabilization and Arbitration Board, submitting the department's annual statistical report. Copy: Each Supervisor (29)

From State Public Utilities Commission, submitting notice that PG&E has filed an application to recover costs involved with 2011 gas transmission and storage. (30)

From US Army Corps of Engineers, submitting public notice that the US Army Corps of Engineers has re-issued the Army Regional General Permit to authorize fill and dredging activities and work associated with the repair and protection of structures and property, threatened with damage during emergency conditions. (31)

From concerned citizens, submitting opposition to the moving $80 million dollars from the public safety budget into other services. (32)

From State Fish and Game Commission, submitting notice of proposed regulatory actions relative to "Sport Fishing Regulations" in California. (33)

From T-Mobile, submitting notification letters regarding placement of cellular site antennas at the following sites: (34)
3097 Turk Street
1502 Noe Street
4400 Pacheco Street
3634-23rd Street
927 Sanchez Street
190-23rd Street
357 Athens
1298 Funston Avenue
1651 Church Street
1594 La Playa Street
2301 Lincoln Way
2379-32nd Avenue
2256 Cabrillo Street
2001 Noriega Street
1290 Clayton Street
2595 Harrison Street
1486-40th Avenue
500 Grove Street
590-4th Avenue
396 Arleta Avenue
735-7th Avenue
1400 La Playa Street
1288-11th Avenue
2209-48th Avenue
2601-46th Avenue
1801-18th Avenue
310 Congo Street

ADJOURNMENT 

Meeting Procedures 
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4) standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
The agenda packet and legislative files (which contain documents submitted after the distribution of the agenda packet) are available at the Board of Supervisors, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Agendas are available on the Internet at www.sfgov.org/site/bos_meetingsFor information, call (415) 554-5184.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.


Translation Service - request must be submitted 48 hours before the meeting. Please call 415 554-7719

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 by mail 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 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 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site www.sfgov.org/ethics
Last updated: 9/29/2014 2:37:12 PM