Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

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

AGENDA
Tuesday, March 28, 2006
2:00 PM

Regular Meeting

AARON PESKIN, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY,
BEVAN DUFTY, SEAN ELSBERND, FIONA MA, SOPHIE MAXWELL,
JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

Motion to approve Board Meeting Minutes for February 28, 2006 and Special Board Meeting Minutes for the Budget and Finance Committee Meeting for March 1, 2006.

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 and 2

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

1. 051962 [Membership in the Asthma Task Force] Supervisor Maxwell
Ordinance amending Sections 19A.20 and 19A.23 of the San Francisco Administrative Code to reduce the number of voting members in the Asthma Task Force from 20 to 15 members, modify the list of non-voting members from City agencies, and extend the Task Force expiration date to June 30, 2008.

3/21/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

2. 060245 [Settlement of Lawsuit - Tutor Saliba Corporation, et al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, and City Attorney Dennis J. Herrera on behalf of the People of the State of California, against Ronald N. Tutor, Tutor-Saliba Corporation, Tutor-Saliba-Perini & Buckley, J.V., Perini Corporation, Buckley & Company, Inc., American Home Insurance Company, Fidelity and Deposit Company of Maryland, Swiss Reinsurance America Corporation and Aetna Casualty and Surety Company, filed on November 1, 2002 in the United States District Court, Northern District of California, Case No. 02-5286 CW (EMC), entitled City and County of San Francisco, et al., v. Tutor-Saliba Corporation, et al.; and the lawsuit filed by Tutor-Saliba Corporation against Dennis J. Herrera, Tutor-Saliba Corporation v. Herrera; filed on February 19, 2004 in San Francisco Superior Court, Case No. Civ. 434144, California Court of Appeal Case No. A0 108712, for payment by the Tutor Defendants of $19,000,000 to the City and County of San Francisco. Other material terms of said settlement are: (1) payments to be made by Tutor-Saliba Corporation or Tutor-Saliba Perini & Buckley, J.V. to the City and County of San Francisco as follows: $8,000,000 to be paid by June 30, 2006, $3,000,000 to be paid by June 30, 2007, $3,000,000 to be paid by June 30, 2008, and $5,000,000 to be paid by June 30, 2009. (City Attorney)

3/21/2006, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Budget and Finance Committee

Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd

3. 060226 [To appropriate $6,565,452 to fund the Juvenile Hall Youth Guidance Center Project construction, and to appropriate $1,900,000 for Fire Station No. 24 for the Department of Public Works Mayor
Ordinance appropriating $6,565,452, including the de-appropriation of $1,900,000 from the Earthquake Safety Improvement Bonds Phase 1 proceeds, $2,591,458 from the Juvenile Hall Replacement Project COP Reserve/Surety Bond Funds, $1,503,000 from General Fund Capital Program Projects, $453,000 from workers' compensation savings, and $117,994 from Juvenile Hall California Youth Authority General Fund operational savings, to fund the City and County of San Francisco Juvenile Hall Youth Guidance Center Project construction. Additionally, appropriating $1,900,000 of Fire Bond proceeds to fund construction expenses for Fire Station No. 24 for the Department of Public Works for Fiscal Year 2005-2006.

(Fiscal impact.)
(Supervisors Daly and Peskin dissenting in committee.)

3/21/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee

Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd

4. 060141 [To appropriate capital project funding for seven capital improvement projects by revising the current sources and uses appropriations in the S.F. International Airport's Five-Year Mayor
Ordinance appropriating $16,342,714, including the de-appropriation of $15,707,484 in current project funding to use this source for appropriation, and appropriating an additional $635,230 of Airport fund balance generated from prior year's interest income. These sources and uses are herein appropriated for various San Francisco International Airport (SFIA) capital projects to reflect the updated San Francisco International Airport Five-Year Capital Plan, Fiscal Year 2004-2005 through Fiscal Year 2008-2009.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 052039 [Fuel Contract 70881 - Office of Contract Administration]
Resolution authorizing the Purchaser to award contract for Fuel, Diesel, Bio-Diesel and Gasoline as the contract will exceed $10,000,000.00. (Purchaser)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

6. 060129 [Emergency contract to contain and abate hazardous material at the MUNI Woods Facility]
Resolution approving an emergency public work contract to contain and abate a hazardous material diesel fuel spill at the MUNI Woods Facility. (Public Works Department)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

7. 060239 [Airport Revenue Bonds]
Resolution approving a form of letter of credit and reimbursement agreement relating to the Airport subordinate commercial paper notes and related matters. (Airport Commission)

Question: Shall this Resolution be ADOPTED?

8. 060312 [Recommending approval of Community Facilities District formation and financing by the ABAG Finance Authority For Nonprofit Corporations] Supervisor Daly
Resolution recommending approval of the formation of a community facilities district and the issuance of revenue bonds by the ABAG Finance Authority For Nonprofit Corporations related to the Rincon Hill Downtown Residential District; making findings; approving related joint community facilities agreement; and granting general authority to city officials to take actions necessary to implement this resolution.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd, Ma, McGoldrick

A quorum of the Board of Supervisors was present and a Special Board of Supervisors meeting was held for the following two items:

9. 060165 [To appropriate $1,127,000 in funding for San Francisco General Hospital capital projects.] Mayor
Ordinance appropriating $1,127,000 in San Francisco General Hospital (SFGH) revenue and appropriating $1,127,000 for the SFGH Rebuild Planning and Environmental Impact Report (EIR).

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 060225 [To appropriate $3,330,980 to fund cost overruns at the Police Department and violence prevention investments for Children, Youth and Their Families for Fiscal Year 2005-2006] Supervisor Ma
Ordinance appropriating $3,330,980 to fund salary and fringe overruns and expanded services at the Police Department and violence prevention programming and investments in the Department of Children, Youth and Their Families for Fiscal Year 2005-2006. Sources of funds include $2,572,307 from the Unappropriated General Fund Balance and $758,673 from the Fiscal Year 2005-2006 Children's Baseline Growth. Uses of funds include $2,572,307 for the Police Department and $758,673 for the Department of Children, Youth and Their Families.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

From the Budget and Finance Committee Without Recommendation

Present: Supervisors Daly, Dufty, Peskin, Elsbernd

11. 060252 [To appropriate funding at the Department of Human Services for homeless services and to maintain and restore shelter bed capacity utilizing General Fund Reserves] Supervisors Daly, Mirkarimi
Ordinance appropriating $690,000 of General Fund for the Department of Human Services to fund homeless services and to maintain and restore shelter bed capacity for fiscal year 2005-06.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

12. 051841 [Haight Street Alcohol Restricted Use Subdistrict - Permissible bar use in movie theaters] Supervisor Mirkarimi
Ordinance amending Planning Code Section 781.9 to allow a bar use in a movie theater under specified circumstances in the Haight Street Alcohol Restricted Use Subdistrict; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 051925 [Resolution initiating designation to amend the Telegraph Hill Historic District] Supervisor Alioto-Pier
Resolution initiating designation to amend the Telegraph Hill Historic District and to include additional properties in this Historic District pursuant to sections 1004 and 1004.1 of the Planning Code.

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

14. 060136 [Public Hearing]
Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, for property located at 1101 Persia Avenue the costs thereof having been paid for out of a revolving fund. (Clerk of the Board)

3/21/2006, HEARD AT PUBLIC HEARING. The President inquired as to whether or not any member of the public wished to address the Board members. Continued to March 28, 2006.

Action:___________________________

15. 060403 [Report of assessment costs for sidewalk and curb repairs]
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, for property located at 1101 Persia Avenue the costs thereof having been paid for out of a revolving fund.

(DPW Order No. 175,878; Location: 1101 Persia Avenue.)

3/21/2006, CONTINUED. Continued to March 28, 2006

3/21/2006, RECEIVED AND ASSIGNED to Board of Supervisors. Divided from File 060137.

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 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 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 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2.

16. 060240 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 229 32nd Avenue (aka 7070 California), Katherine Delmar Burke School Project]
Hearing of persons interested in or objecting to the decision of the Planning Department dated October 31, 2005 (Case No. 2005.0275E), exempting from environmental review under Categorical Exemption Class 14, [State Guidelines Section 15314] and Class 32, [State Guidelines, Section 15332 (a) through (e)], the Katherine Delmar Burke School Addition, located at 229-32nd Avenue (aka 7070 California), Block 1392, Lot 037. The proposed project entails construction of a two-story, 26.5-foot tall arts and science building containing six classrooms, and removal of a paved tennis court presently occupying the site. The new 9,569 sq.ft. infill academic building would add 16 percent capacity in the 3.32-acre campus' existing 60,407 sq.ft. of built space. The project site is rectangular in shape, consisting of approximately 7,200 sq.ft. or 0.165 acre in size. The project site, within the Katherine Delmar Burke School campus, is set back from El Camino del Mar to the north and is also bounded by Lincoln Park to the west and 32nd Avenue to the east. Located in the Sea Cliff neighborhood, the project site is within the RH-1 (D) Residential, House, One-Family (Detached Dwellings) District and a 40-X Height and Bulk District. The Project would require conditional Use authorization for modification to an existing Planned Unit Development (PUD) and authorization for expansion of an educational use. (Appellant: Lincoln Park Homeowners Association, represented by Diane K. Hanna, Attorney, Ellman Burke Hoffman & Johnson, a Professional Corporation.)

(Filed February 15, 2006; companion measure to Files 060241, 060242, 060243; District 1.)

Action:___________________________

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

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

17. 060241 [Affirming the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]
Motion affirming the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

18. 060242 [Disapproving the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]
Motion disapproving the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

19. 060243 [Preparation of findings related to the 229 32nd Avenue (Katherine Delmar Burke School) project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 229 32nd Avenue (Katherine Delmar Burke School) is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

Reports from committees, if any, recommending emergency or urgent measures.

The following items will be considered by the Rules Committee at a Regular Meeting on Thursday, March 23, 2006 at 10:00 a.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, March 28, 2006.

20. 051651 [Protection of employee rights] Supervisors Mirkarimi, Ammiano, Peskin, Dufty, Ma, Maxwell, Daly, Sandoval, McGoldrick
Ordinance amending Section 11.55 of the Administrative Code to require franchise grantees to comply with provisions of federal law that prohibit discrimination against an employee based on an employee's decision to participate in employee organizations for the purpose of representation, and to require grantees to notify contractors and subcontractors that they must comply with these same provisions, and to prohibit discrimination against an employee, contractor or subcontractor for speaking before or filing a complaint with any government agency or court, and to ensure that company policies, handbooks, and directives are not construed to limit such activity by an employee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 060302 [Settlement of Lawsuit - Iva Hetzel]
Ordinance authorizing settlement of the lawsuit filed by Iva Hetzel against the City and County of San Francisco for $50,000; the lawsuit was filed on November 2, 2000 in San Francisco Superior Court, Case No. 434-793; entitled Iva Hetzel, et al., v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 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.

23. 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.

CLOSED SESSION

CONFERENCE WITH CITY LABOR NEGOTIATORS

24. 060288 [Closed Session - Conference with City's Labor Negotiators (Collective Bargaining)]
Motion that the Board of Supervisors convene in closed session with the City's Labor Relations Negotiators, the Mayor and the Director of Human Relations, for the purpose of reviewing the City's positions in pending labor negotiations with organizations representing the City employee groups.

This closed session is permitted by Government Code Section 54957.6, and San Francisco Administrative Code Section 67.8.

3/7/2006, MOTION to convene in Closed Session.

3/7/2006, CONTINUED. Continued to March 28, 2006

Question: Shall this Motion be ADOPTED?

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the pending City Labor Negotiations. (Collective Bargaining)

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee.

Items 25 through 33

25. 060121 [Incorporating Street Performers into the Street Artist Program and designating sound appropriate sales areas for certified Street Artists] Supervisor McGoldrick
Resolution recognizing that qualified Street Performers are eligible to participate in the Street Artist Program and urging the designation of sales areas within the Program that are appropriate for amplified sound.

1/24/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

1/31/2006, CONTINUED. Continued to February 7, 2006

2/7/2006, CONTINUED. Continued to February 28, 2006

2/28/2006, CONTINUED. Continued to March 28, 2006

Question: Shall this Resolution be ADOPTED?

26. 060366 [General Advertising Signs - Extension of Planning Commission Review Period] Supervisor Peskin
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the San Francisco Administrative Code by adding Section 2.21 to establish a General Advertising Sign Relocation Procedure; to amend the San Francisco Planning Code by amending Section 303 to add criteria for the Planning Commission's approval of a general advertising sign relocation site, adding Section 358 to establish fees for the Planning Commission's review of General Advertising Sign Inventories and proposed Relocation Agreements, amending Section 604 to prohibit general advertising signs that have been removed from being replaced on the same site, adding Section 604.2 to require general advertising sign companies to maintain and submit to the City current inventories of their signs, and amending Sections 1005 and 1111.7 to prohibit the relocation of new general advertising signs to Historic Districts or Conservation Districts or on an historic property regulated by Articles 10 and 11 of the Planning Code; and to adopt findings including environmental findings and findings of consistency with the Priority Policies of Planning Code Section 101.1 and the General Plan.

3/21/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 060381 [Diabetes Awareness Day] Supervisors Ma, Dufty
Resolution recognizing March 28, 2006 as "Diabetes Awareness Day".

3/21/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 060382 [World Water Day] Supervisor Ma
Resolution recognizing March 22, 2006 as World Water Day.

3/21/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 060383 [Supporting Senate Bill 1414-California Fair Share Healthcare Act] Supervisor Ma
Resolution supporting SB 1414, the California Fair Share Health Care Act.

3/21/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 060384 [Declaring April 8, 2006 as Ruth May Maginnis Day in San Francisco] Supervisor McGoldrick
Resolution declaring April 8, 2006 as Ruth May Maginnis Day in San Francisco.

3/21/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 060385 [Old Mint; Transferable Development Rights] Supervisor Peskin
Resolution authorizing the director of property for the City and County of San Francisco to execute and cause to be recorded a Certificate of Transfer and to take such other actions as may be necessary to effectuate the transfer of development rights from the Old Mint pursuant to Planning Code Section 128.

3/21/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 060331 [Final Map for a 41 Unit Commercial/Residential Condominium Project - 901 Bayshore Boulevard]
Motion approving Final Map of 901 Bayshore Boulevard, a Commercial/Residential Condominium Project, being a subdivision of Lot 62 in Assessor's Block No. 5402, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

3/16/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

33. 060370 [Committee of the Whole - April 4, 2006 - Formation of a community facilities district in connection with the Rincon Hill Downtown Residential District] Supervisor Daly
Motion to sit as a Committee of the Whole on April 4, 2006 at 3:00 p.m. to accept public testimony regarding the potential recommendation for approval of the formation of a community facilities district and the issuance of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations related to the Rincon Hill Downtown Residential Disrict.

3/21/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

34. 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 resolutions being considered at this time there is a need to take immediate action and 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 March 14, 2006 through March 20, 2006, for reference by President to appropriate committee on March 28, 2006.

060300 [Settlement of Lawsuit - Maximilian Castro]
Ordinance authorizing settlement of the lawsuit filed by Maximilian Castro against the City and County of San Francisco for $125,000; the lawsuit was filed on December 15, 2000 in San Francisco Superior Court, Case No. 317-475; entitled Maximilian Castro, et al., v. City and County of San Francisco, et al. (City Attorney)

3/16/2006, RECEIVED AND ASSIGNED to Rules Committee.

060332 [Settlement of Lawsuit - Mirvat Harb]
Ordinance authorizing settlement of the lawsuit filed by Mirvat Harb against the City and County of San Francisco for $200,000; the lawsuit was filed on December 23, 2004 in San Francisco Superior Court, Case No. 437-254; entitled Mirvat Harb, et al., v. City and County of San Francisco, et al. (City Attorney)

3/16/2006, RECEIVED AND ASSIGNED to Rules Committee.

060335 [Settlement of Lawsuit - Reliant Energy, Inc.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, on behalf of the People of California, against Reliant Energy, Inc. and other Reliant Companies; the lawsuit entitled People v. Dynegy, et al. was filed on January 18, 2001, and has been coordinated as Wholesale Electricity Antitrust Cases I & II in the Superior Court of the State of California for the County of San Diego, JCCP Nos. 4204 and 4205; the settlement provides $666,666.66 to San Francisco and $430 million in benefits to California electric ratepayers, among other provisions. (City Attorney)

3/14/2006, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from March 14, 2006 through March 20, 2006, for reference by President to appropriate committee on March 28, 2006.

060333 [IHSS Provider Benefits and Administration Contract Approval - San Francisco IHSS Public Authority]
Resolution approving the contract between the City and County of San Francisco and San Francisco In-Home Supportive Services (IHSS) Public Authority for the provision of Administration, health and dental benefits to IHSS Independent Providers for the period of July 1, 2006 to June 30, 2012, in the amount of $201,786,117.00 (Human Services Department)

3/16/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this item be referred to Budget and Finance Committee due to the dollar amount of the contract.

060334 [Child Care Services Contract Approval - Children's Council of San Francisco]
Resolution approving the contract between the City and County of San Francisco and the Children's Council of San Francisco to provide child care services, for the period from July 1, 2006 to June 30, 2012, in the amount of $245,425,551. (Human Services Department)

3/16/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this item be referred to Budget and Finance Committee due to the dollar amount of the contract.

060408 [Petitions and Communications]
Petitions and Communications received from March 14, 2006 through March 20, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 28, 2006.

From Coblentz, Patch, Duffy & Bass LLP, submitting response to appeal of certification of categorical exemption for the Katherine Delmar Burke School at 229 32nd Avenue. File 060240, Copy: Each Supervisor(1)

From Emil Maionchi, submitting request for an On-Sale Beer and Wine public premises license for Emil Maionchi dba Wine Merchant of Showplace Square at 2 Henry Adams Street, Space M-21.(2)

From Municipal Transportation Agency, regarding the feasibility of using "pedestrian head start" intervals for pedestrians crossing the east and west legs of the intersection of Lincoln Way and 9th Avenue. (Reference No. 20060131-010) Copy: Supervisor Mirkarimi(3)

From Department of Public Works, regarding status of repair of potholes at various locations. (Reference No. 20060314-008) Copy: Supervisor Mirkarimi(4)

From Department of Public Works, regarding status of graffiti removal from various locations. (Reference No. 20060314-014) Copy: Supervisor Mirkarimi(5)

From Public Utilities Commission, regarding status of repair of a large pothole at the intersection of Willard and Carl Streets. (Reference No. 20060131-007) Copy: Supervisor Mirkarimi(6)

From Department of Public Works, regarding status of graffiti removal from various locations. (Reference No. 20060314-003) Copy: Supervisor Mirkarimi(7)

From Department of Public Works, regarding status of graffiti removal from various locations. (Reference No. 20051213-002) Copy: Supervisor Mirkarimi(8)

From Roland Salvato, submitting appeal of categorical exemption for the demolition and construction of proposed project at 869 North Point Street. File 060199(9)

From concerned citizens, submitting support for continued funding of the Neighborhood Emergency Response Team (N.E.R.T.) program taught by the Fire Department.(10)

From Department of Public Health, submitting quarterly report on departmental spending. Copy: Budget and Finance Committee(11)

From Department of Elections, submitting an update on the status of the new voting system for the June 6, 2006 Election and the implementation of Ranked-Choice Voting for the November 7, 2006 Election. Copy: Each Supervisor(12)

From Kingston Contracting Inc., regarding contractors and employees that were cited with parking tickets while working on City projects in barricaded permitted zones.(13)

From Bernadette Warren, responding to letter from Municipal Transportation Agency regarding the need to install a flashing crosswalk light or some other traffic calming measure at the intersection of Lake Merced Boulevard and Lake Merced Hill. (Reference No. 20051108-007) Copy: Supervisor Elsbernd(14)

From Public Library, regarding the renovation of the West Portal Branch Library. (Reference No. 20060131-005) Copy: Supervisor Elsbernd(15)

From Clerk of the Board, submitting names of individuals who have submitted Form 700 Statement of Economic Interest.(16)

From Department of Elections, concerning the disclaimer requirements for local ballot measures. Copy: Each Supervisor(17)

From SF Labor Council, AFL-CIO, submitting support for resolution calling on the Board of Education to rescind its decision to close John Swett Elementary School. File 060123(18)

From State Rules Committee, submitting appointment of Kristina Brouhard, Margaret Bruce, Shalom Eliahu, Deborah Widener and Gary Wolf to the Water Quality Control Board, San Francisco Bay Region.(19)

From Municipal Transportation Agency, submitting a follow-up six-month report on traffic operations in and around Octavia Boulevard.Copy: Supervisors Dufty, McGoldrick, Mirkarimi(20)

From Redevelopment Agency, responding to inquiry regarding the status of Bindlestiff Studio's return to the Plaza Hotel. (Reference No. 20060207-008) Copy: Supervisor Daly(21)

From Office of the Controller, submitting a three-year budget projection for General Fund Supported operations for fiscal year 2006-07 through fiscal year 2008-09. Copy: Each Supervisor(22)

From Miles Berger, expressing his concerns about the continual disturbance of the peace, nuisance, gang and drug activity and violence associated with the Caliente nightclub at 11th and Folsom Streets. Copy: Supervisor Daly(23)

From Debbie Smith, urging the Board of Supervisors to support "Matts Law" S.B. 1454. Copy: Each Supervisor(24)

From Douglas Martin, urging the Board of Supervisors to consider several factors before accepting a gift of artificial turf for several neighborhood soccer fields. (25)

From Kimo Crossman, regarding wireless Internet service (WIFI), personal privacy vs. public's right to know and open public records. (26)

From Christian Holmer, commenting on various topics affecting San Francisco. (27)

From Steve Wood, commenting on how nice the new medium installed on the Great Highway at the Taraval intersection looks; however the installation of this new medium has also brought in an unwanted eye sore and safety issues. Copy: Supervisor Ma(28)

From concerned citizens, submitting opposition to Proposition H, the handgun ban in San Francisco.(29)

From the Port, submitting the Port of San Francisco's draft 10-year Capital Plan. Copy: Each Supervisor(30)

From Robert Switzer, requesting the Board of Supervisors augment construction funding for the Aptos Playground Project, to add community-requested, priority perimeter improvements that were omitted from the current construction project. Copy: Supervisor Peskin(31)

From George Davidson, regarding Supervisor Sandoval's comment on the military while being interviewed on the Hannity and Combs cable talk show. Copy: Supervisor Sandoval(32)

From Linda Johnson-Reitz, urging the Board of Supervisors to enact the Community Choice Energy plan in the near future.(33)

From Mesha Monge-Irizarry, commenting that his status as a legal resident and not a US Citizen excludes him from serving on many Boards and Commissions. Copy: Each Supervisor(34)

From Martin MacIntyre, concerning a $500,000 check he is trying to locate that was donated to the City in February 2005 to build a playground in Sunnydale Housing Projects, etc. Copy: Each Supervisor(35)

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 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 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.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
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

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Meeting Minutes for February 28, 2006 and Special Board Meeting Minutes for the Budget and Finance Committee Meeting for March 1, 2006.

	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.

	Recommendations of the Rules Committee






		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

1.	051962	[Membership in the Asthma Task Force]	Supervisor Maxwell
		Ordinance amending Sections 19A.20 and 19A.23 of the San Francisco Administrative Code to reduce the number of voting members in the Asthma Task Force from 20 to 15 members, modify the list of non-voting members from City agencies, and extend the Task Force expiration date to June 30, 2008.


		3/21/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	060245	[Settlement of Lawsuit - Tutor Saliba Corporation, et al.]
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, and City Attorney Dennis J. Herrera on behalf of the People of the State of California, against Ronald N. Tutor, Tutor-Saliba Corporation, Tutor-Saliba-Perini & Buckley, J.V., Perini Corporation, Buckley & Company, Inc., American Home Insurance Company, Fidelity and Deposit Company of Maryland, Swiss Reinsurance America Corporation and Aetna Casualty and Surety Company, filed on November 1, 2002 in the United States District Court, Northern District of California, Case No. 02-5286 CW (EMC), entitled City and County of San Francisco, et al., v. Tutor-Saliba Corporation, et al.; and the lawsuit filed by Tutor-Saliba Corporation against Dennis J. Herrera, Tutor-Saliba Corporation v. Herrera; filed on February 19, 2004 in San Francisco Superior Court, Case No. Civ. 434144, California Court of Appeal Case No. A0 108712, for payment by the Tutor Defendants of $19,000,000 to the City and County of San Francisco. Other material terms of said settlement are: (1) payments to be made by Tutor-Saliba Corporation or Tutor-Saliba Perini & Buckley, J.V. to the City and County of San Francisco as follows: $8,000,000 to be paid by June 30, 2006, $3,000,000 to be paid by June 30, 2007, $3,000,000 to be paid by June 30, 2008, and $5,000,000 to be paid by June 30, 2009. (City Attorney)


		3/21/2006, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?








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

	Recommendation of the Budget and Finance Committee






		Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd

3.	060226	[To appropriate $6,565,452 to fund the Juvenile Hall Youth Guidance Center Project construction, and to appropriate $1,900,000 for Fire Station No. 24 for the Department of Public Works	Mayor
		Ordinance appropriating $6,565,452, including the de-appropriation of $1,900,000 from the Earthquake Safety Improvement Bonds Phase 1 proceeds, $2,591,458 from the Juvenile Hall Replacement Project COP Reserve/Surety Bond Funds, $1,503,000 from General Fund Capital Program Projects, $453,000 from workers' compensation savings, and $117,994 from Juvenile Hall California Youth Authority General Fund operational savings, to fund the City and County of San Francisco Juvenile Hall Youth Guidance Center Project construction. Additionally, appropriating $1,900,000 of Fire Bond proceeds to fund construction expenses for Fire Station No. 24 for the Department of Public Works for Fiscal Year 2005-2006.

		(Fiscal impact.) (Supervisors Daly and Peskin dissenting in committee.)
		3/21/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Budget and Finance Committee






		Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd

4.	060141	[To appropriate capital project funding for seven capital improvement projects by revising the current sources and uses appropriations in the S.F. International Airport's Five-Year	Mayor
		Ordinance appropriating $16,342,714, including the de-appropriation of $15,707,484 in current project funding to use this source for appropriation, and appropriating an additional $635,230 of Airport fund balance generated from prior year's interest income. These sources and uses are herein appropriated for various San Francisco International Airport (SFIA) capital projects to reflect the updated San Francisco International Airport Five-Year Capital Plan, Fiscal Year 2004-2005 through Fiscal Year 2008-2009.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

5.	052039	[Fuel Contract 70881 - Office of Contract Administration]
		Resolution authorizing the Purchaser to award contract for Fuel, Diesel, Bio-Diesel and Gasoline as the contract will exceed $10,000,000.00. (Purchaser)

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

6.	060129	[Emergency contract to contain and abate hazardous material at the MUNI Woods Facility]
		Resolution approving an emergency public work contract to contain and abate a hazardous material diesel fuel spill at the MUNI Woods Facility. (Public Works Department)

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

7.	060239	[Airport Revenue Bonds]
		Resolution approving a form of letter of credit and reimbursement agreement relating to the Airport subordinate commercial paper notes and related matters. (Airport Commission)



		Question: Shall this Resolution be ADOPTED?

8.	060312	[Recommending approval of Community Facilities District formation and financing by the ABAG Finance Authority For Nonprofit Corporations]	Supervisor Daly
		Resolution recommending approval of the formation of a community facilities district and the issuance of revenue bonds by the ABAG Finance Authority For Nonprofit Corporations related to the Rincon Hill Downtown Residential District; making findings; approving related joint community facilities agreement; and granting general authority to city officials to take actions necessary to implement this resolution.



		Question: Shall this Resolution be ADOPTED?






		Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd, Ma, McGoldrick A quorum of the Board of Supervisors was present and a Special Board of Supervisors meeting was held for the following two items:

9.	060165	[To appropriate $1,127,000 in funding for San Francisco General Hospital capital projects.]	Mayor
		Ordinance appropriating $1,127,000 in San Francisco General Hospital (SFGH) revenue and appropriating $1,127,000 for the SFGH Rebuild Planning and Environmental Impact Report (EIR).

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

10.	060225	[To appropriate $3,330,980 to fund cost overruns at the Police Department and violence prevention investments for Children, Youth and Their Families for Fiscal Year 2005-2006]	Supervisor Ma
		Ordinance appropriating $3,330,980 to fund salary and fringe overruns and expanded services at the Police Department and violence prevention programming and investments in the Department of Children, Youth and Their Families for Fiscal Year 2005-2006. Sources of funds include $2,572,307 from the Unappropriated General Fund Balance and $758,673 from the Fiscal Year 2005-2006 Children's Baseline Growth. Uses of funds include $2,572,307 for the Police Department and $758,673 for the Department of Children, Youth and Their Families.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

	From the Budget and Finance Committee Without Recommendation




		Present: Supervisors Daly, Dufty, Peskin, Elsbernd

11.	060252	[To appropriate funding at the Department of Human Services for homeless services and to maintain and restore shelter bed capacity utilizing General Fund Reserves]	Supervisors Daly, Mirkarimi
		Ordinance appropriating $690,000 of General Fund for the Department of Human Services to fund homeless services and to maintain and restore shelter bed capacity for fiscal year 2005-06.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendations of the Land Use and Economic Development Committee




		Present: Supervisors Maxwell, Sandoval, McGoldrick

12.	051841	[Haight Street Alcohol Restricted Use Subdistrict - Permissible bar use in movie theaters]	Supervisor Mirkarimi
		Ordinance amending Planning Code Section 781.9 to allow a bar use in a movie theater under specified circumstances in the Haight Street Alcohol Restricted Use Subdistrict; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

13.	051925	[Resolution initiating designation to amend the Telegraph Hill Historic District]	Supervisor Alioto-Pier
		Resolution initiating designation to amend the Telegraph Hill Historic District and to include additional properties in this Historic District pursuant to sections 1004 and 1004.1 of the Planning Code.



		Question: Shall this Resolution be ADOPTED?

14.	060136	[Public Hearing]
		Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, for property located at 1101 Persia Avenue the costs thereof having been paid for out of a revolving fund. (Clerk of the Board)


		3/21/2006, HEARD AT PUBLIC HEARING. The President inquired as to whether or not any member of the public wished to address the Board members. Continued to March 28, 2006.


		Action:___________________________

15.	060403	[Report of assessment costs for sidewalk and curb repairs]
		Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, for property located at 1101 Persia Avenue the costs thereof having been paid for out of a revolving fund.

		(DPW Order No. 175,878; Location: 1101 Persia Avenue.)
		3/21/2006, CONTINUED. Continued to March 28, 2006

		3/21/2006, RECEIVED AND ASSIGNED to Board of Supervisors. Divided from File 060137.


		Question: Shall this Resolution be ADOPTED?

	SPECIAL ORDER 4:00 P.M.






		APPEAL PROCEDURES Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 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 4pm: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2.

16.	060240	[Public Hearing - Appeal of Categorical Exemption from Environmental Review for 229 32nd Avenue (aka 7070 California), Katherine Delmar Burke School Project]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated October 31, 2005 (Case No. 2005.0275E), exempting from environmental review under Categorical Exemption Class 14, [State Guidelines Section 15314] and Class 32, [State Guidelines, Section 15332 (a) through (e)], the Katherine Delmar Burke School Addition, located at 229-32nd Avenue (aka 7070 California), Block 1392, Lot 037. The proposed project entails construction of a two-story, 26.5-foot tall arts and science building containing six classrooms, and removal of a paved tennis court presently occupying the site. The new 9,569 sq.ft. infill academic building would add 16 percent capacity in the 3.32-acre campus' existing 60,407 sq.ft. of built space. The project site is rectangular in shape, consisting of approximately 7,200 sq.ft. or 0.165 acre in size. The project site, within the Katherine Delmar Burke School campus, is set back from El Camino del Mar to the north and is also bounded by Lincoln Park to the west and 32nd Avenue to the east. Located in the Sea Cliff neighborhood, the project site is within the RH-1 (D) Residential, House, One-Family (Detached Dwellings) District and a 40-X Height and Bulk District. The Project would require conditional Use authorization for modification to an existing Planned Unit Development (PUD) and authorization for expansion of an educational use. (Appellant: Lincoln Park Homeowners Association, represented by Diane K. Hanna, Attorney, Ellman Burke Hoffman & Johnson, a Professional Corporation.)

		(Filed February 15, 2006; companion measure to Files 060241, 060242, 060243; District 1.)

		Action:___________________________




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

17.	060241	[Affirming the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]
		Motion affirming the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

18.	060242	[Disapproving the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]
		Motion disapproving the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?