Board of Supervisors Agenda | City and County of San Francisco

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, May 9, 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

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 11

Recommendations of the Budget and Finance Committee

Present: Supervisors Daly, Dufty, Peskin, Elsbernd

1. 060256 [Sale of real property located at Broadway and Sansome Streets (235-295 Broadway) (Assessor's Block 165 Lot 21) to Redevelopment Agency for $1,500,000.00 and appropriating the sales Supervisor Peskin
Ordinance approving the sale of real property located at Broadway and Sansome Streets (235-295 Broadway) (Assessor's Block 165 Lot 21) to the Redevelopment Agency of the City and County of San Francisco (the "Agency") for $1,500,000.00; authorizing the Director of Property to enter into an Agreement for the Sale of Real Property with the Agency for the sale of such real property for the development of affordable housing and appropriating $1,500,000.00 of the sales proceeds to the Department of Public Works for roadway maintenance of the Embarcadero.

(Fiscal impact.)

5/2/2006, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Peskin, Mirkarimi, Elsbernd

2. 060473 [Appropriating $148,713,421 of bond proceeds to fund the Water System Improvement Program at San Francisco Public Utilities Commission] Mayor
Ordinance appropriating $148,713,421 of bond proceeds to support the Water System Improvement Program (WSIP) in the San Francisco Public Utilities Commission (SFPUC) for Fiscal Year 2005-06.

(Fiscal impact.)

5/2/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

3. 060291 [Liquor License Transfer, 86 Second Street]
Resolution determining that the transfer of a Type 47 on-sale general for bona fide public eating place license from 1695 Market Street to 86 Second Street, and the exchange of said license for a Type 48 on-sale general public premises license for M & M Group Assets, Inc. dba DaDa SF Studio, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code with conditions.

Question: Shall this Resolution be ADOPTED?

4. 060496 [Accept-Expend a grant from the Friends of the San Francisco Public Library] Supervisor Elsbernd
Resolution authorizing the San Francisco Public Library to retroactively accept and expend a grant in the amount of $23,400 from the Friends of the San Francisco Public Library for a part-time, as-needed, editor for the publication, At the San Francisco Public Library.

Question: Shall this Resolution be ADOPTED?

5. 060498 [Grant to provide direct access to housing for chronic alcoholics] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept and expend a new grant in the amount of $982,033 from the US Department of Housing and Urban Development (HUD) for direct access to housing for chronic alcoholics, to enter into an agreement for the use of these funds, and to add one (1.0) new position funded through this agreement; for the period of April 1, 2006, to March 31, 2008.

Question: Shall this Resolution be ADOPTED?

Recommendation of the Government Audit and Oversight Committee

Present: Supervisors Ammiano, Peskin

6. 060368 [Fixing Compensation - Unrepresented Employees] Mayor
Ordinance Fixing Compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2006.

(Fiscal impact.)

5/2/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, McGoldrick

7. 051065 [Zoning Map Amendment for 425 Mason Street]
Ordinance amending the San Francisco Planning Code by amending Sectional Map 1 of the Zoning Map of the City and County of San Francisco to change the use classification of the property located at 425 Mason Street, and identified as Assessor's Block No. 0306, Lot No. 002, from a zoning designation of P (Public) to C-3-G (Downtown General Commercial); and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Department)

5/2/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

8. 051837 [Exceptions to the Ban on Compensated Advocacy] Supervisor Mirkarimi
Ordinance amending Section 3.224 of the Campaign and Governmental Conduct Code to clarify that the exception to the ban on compensated advocacy for City officers who are licensed attorneys applies to City officers who are licensed attorneys engaged in the practice of law, which includes representing clients in communications with the City Attorney's Office, District Attorney's Office, the Public Defender's Office, attorneys in the Tax Collector's Office or Sheriff's Department, outside legal counsel hired by the City, and City officers and employees who are named in a pending litigation matter or are witnesses or potential witnesses in a pending litigation matter. (Ethics Commission)

5/2/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

9. 051876 [Statements of Economic Interests for Candidates for City Elective Office] Supervisor Mirkarimi
Ordinance amending section 3.1-102 of the Campaign and Governmental Conduct Code to require all candidates for City elective office to file statements of economic interests with the Department of Elections no later than the final filing date for a declaration of candidacy. (Ethics Commission)

5/2/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

10. 060463 [Settlement of Lawsuits - Pacific Gas and Electric Company and Television Signal Corp.]
Ordinance authorizing settlement of three lawsuits filed by Pacific Gas and Electric Company and Television Signal Corp. against the City and County of San Francisco for a total of $1,156,164.00. Pacific Gas and Electric Co v. City and County of San Francisco was filed April 30, 1999, in the United States District Court, Case No. C99-2071 VRW. Television Signal Corp. v. City and County of San Francisco was filed June 29, 2000, in United States District Court, Case No. C00-2311 VRW. Pacific Gas and Electric Co. v. City and County of San Francisco was filed July 21, 2005 in San Francisco Superior Court, Case No. 443-277. The lawsuit entitled Television Signal Corp v. City and County, Case No. C00-2311 VRW, is settled without any payment. (City Attorney)

5/2/2006, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

11. 060529 [Appointment - Sunshine Ordinance Task Force]
Resolution appointing Nicholas Mueller, term ending April 27, 2008, to the Sunshine Ordinance Task Force.

Nicholas Mueller, succeeding himself, term expired, seat 10, must be a member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, for a two-year term ending April 27, 2008.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

12. 060610 [Adopting findings related to disapproving the categorical exemption issued for the 869 North Point Street Project]
Motion adopting findings related to disapproving the determination by the Planning Department that the 869 North Point Street Project is categorically exempt from environmental review under the California Environmental Quality Act.

4/27/2006, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

Recommendation of the Budget and Finance Committee

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

13. 060393 [Prohibiting Smoking on Golf Courses] Supervisor McGoldrick
Ordinance amending Section 1009.81 of the Health Code to prohibit smoking on golf courses.

(Fiscal impact.)
(Supervisors Peskin and Elsbernd dissented in Committee.)

4/4/2006, REFERRED to Budget and Finance Committee.

5/2/2006, CONTINUED. Continued to May 9, 2006.

Question: Shall this Ordinance be PASSED ON FIRST READING?

From the City Operations and Neighborhood Services Committee Without Recommendation

Present: Supervisors Dufty, Ma

14. 060013 [Amending the Police Code to allow pawnbrokers to operate on Sundays and on Mondays following a holiday] Supervisor Ma
Ordinance amending Section 2809 of the San Francisco Police Code to allow pawnbrokers to operate on Sundays and on Mondays following a holiday, and to make clerical corrections.

4/25/2006, CONTINUED. Continued to May 9, 2006

Question: Shall this Ordinance be PASSED ON FIRST READING?

From the Clerk

15. 060347 [Transbay Redevelopment Project -Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement] Supervisor Daly
Ordinance approving a Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement for the Transbay Redevelopment Project Area between the City and County of San Francisco, the Transbay Joint Powers Authority and the Redevelopment Agency of the City and County of San Francisco; making environmental findings and findings of consistency with the City's General Plan and the Eight Priority Policies of City Planning Code Section 101.1; authorizing other steps to implement the Transbay Redevelopment Plan; and adopting other findings pursuant to the California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33679.

(Fiscal impact.)

5/2/2006, PASSED ON FIRST READING. Amendments to Option Agreement only, presented by Deputy City Attorney Donnell Choy.

Question: Shall this Ordinance be FINALLY PASSED?

Called from the Land Use and Economic Development Committee

16. 050182 [Zoning - Planning Code amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the Planning Code to add Sections 249.27, 263.18, 825, and 825.1 to establish special zoning controls in connection with the Transbay Redevelopment Plan; amending Planning Code Section 270 to reflect the new zoning changes to bulk controls set forth in Section 263.18; adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.

3/29/2005, CONTINUED. Continued to April 5, 2005

4/5/2005, CONTINUED. Continued to May 10, 2005

5/10/2005, CONTINUED. Continued to June 14, 2005

6/14/2005, RE-REFERRED to Land Use Committee.

4/18/2006, SUBSTITUTED. Supervisor Daly submitted a substitute bearing same title.

4/18/2006, ASSIGNED to Land Use and Economic Development Committee.

4/18/2006, CALLED FROM COMMITTEE. Supervisor Daly Called the Matter from Committee.

4/25/2006, CONTINUED. Continued to May 2, 2006

5/2/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

17. 050183 [Zoning Map amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending Sectional Maps 1, 1H, and 1SU of the Zoning Map of the City and County of San Francisco in connection with the Transbay Redevelopment Plan and an associated special use district with the Redevelopment Plan area and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight Priority Policies of Planning Code Section 101.1.

3/29/2005, CONTINUED. Continued to April 5, 2005

4/5/2005, CONTINUED. Continued to May 10, 2005

5/10/2005, CONTINUED. Continued to June 14, 2005

6/14/2005, RE-REFERRED to Land Use Committee.

4/18/2006, SUBSTITUTED. Supervisor Daly submitted a substitute bearing the same title.

4/18/2006, ASSIGNED to Land Use and Economic Development Committee.

4/18/2006, CALLED FROM COMMITTEE. Supervisor Daly Called the Matter from Committee.

4/25/2006, CONTINUED. Continued to May 2, 2006

5/2/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Amendment of the Whole.

5/2/2006, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, McGoldrick, Mirkarimi

18. 060250 [Closing specified streets in Golden Gate Park on Saturdays on a trial basis for six months beginning approximately on Memorial Day Weekend 2006] Supervisors McGoldrick, Mirkarimi, Peskin, Sandoval, Ammiano
Ordinance adding Section 6.12 to the San Francisco Park Code to prohibit, on a trial basis for six months, motor vehicle traffic on Saturdays in Golden Gate Park on John F. Kennedy Drive between Kezar Drive and Transverse Drive; Arguello Boulevard; Conservatory Drive East and Conservatory Drive West; 8th Avenue; Bowling Green Drive between John F. Kennedy Drive and Middle Drive East; and Stow Lake Drive between Stow Lake Drive East and John F. Kennedy Drive; to require reports from the Recreation and Park Department and Department of Parking and Traffic pertaining to the Saturday road closures; to require the Golden Gate Park Concourse Authority to share its own data and reports that are relevant to the Saturday road closures with the aforementioned departments; to require a hearing on the Saturday road closures before the Board of Supervisors or a Board committee; and making environmental findings.

4/25/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

4/25/2006, PASSED ON FIRST READING AS AMENDED.

5/2/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Amendment of the Whole

5/2/2006, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

19. 060443 [Prohibition on condominium conversion for buildings where specified evictions occurred] Supervisor Peskin
Ordinance amending the Subdivision Code to add Section 1396.2 to prohibit condominium conversion for a building where specified evictions occurred and making findings, including environmental findings.

5/2/2006, CONTINUED. Continued to May 9, 2006.

Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendations of the Budget and Finance Committee

Present: Supervisors Daly, Peskin, Mirkarimi, Elsbernd

20. 060476 [Cash Revolving Funds - Commission on the Environment] Mayor
Ordinance amending the Administrative Code by deleting Section 10.169-12.

Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 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)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

22. 060336 [Contract between the Department of Public Health and Toyon Associates, Inc. to provide regulatory reporting and reimbursement and revenue optimization services]
Resolution retroactively authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to contract between the City and County of San Francisco and Toyon Associates, Inc. to provide regulatory reporting and reimbursement and revenue optimization services for the period of April 1, 2006 through March 31, 2010. (Public Health Department)

Question: Shall this Resolution be ADOPTED?

23. 060337 [Contract between the Department of Public Health and Health Advocates, LLC to provide uncompensated care recovery services]
Resolution retroactively authorizing the Director of Public Health and the Purchaser to execute a contract between the City and County of San Francisco and Health Advocates, LLC to provide uncompensated care reimbursement recovery services. (Public Health Department)

Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty

24. 060203 [Tunnel Avenue Weight Restrictions]
Ordinance amending Section 28.2 of the San Francisco Traffic Code to extend restrictions on certain vehicles over 18,000 pounds for two blocks of Tunnel Avenue south of Blanken Avenue. (Parking and Traffic Department)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors McGoldrick, Dufty, Ma

25. 060162 [Amending the Traffic Code to establish a single consolidated list of weight-restricted streets] Supervisor Maxwell
Ordinance amending the Traffic Code by repealing Sections 28.4 and 28.5, amending Sections 28.1 and 28.1.19, renumbering Sections 28.5.1 through 28.5.59 as 28.1.110 through 28.1.165, and adding new Sections 28.1.166 through 28.1.170 to: correct obsolete references to Army Street; establish a consolidated list of weight-restricted streets on which vehicles with a gross vehicle weight of 6000 pounds or more are, with specified exceptions, prohibited; add Ledyard Street between Silver Avenue and Thornton Avenue, Vesta Street between Thornton Avenue and Williams Avenue, Scotia Avenue between Silver Avenue and Thornton Avenue and Thornton Avenue between Bayshore Boulevard and 3rd Street to the list of restricted streets; and clarify the exceptions applicable to weight restricted-street requirements. (Parking and Traffic Department)

Question: Shall this Ordinance be PASSED ON FIRST READING?

26. 060441 [Parking Regulations - Glen Park] Supervisor Dufty
Resolution enacting parking regulations at various locations.

PARKING METER AREA 3, 2-HOUR, 9 AM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Bosworth Street, north side, from Diamond Street to Lippard Street.

2-HOUR TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Bosworth Street, north side, from Lippard Street to Elk Street.

(3/31/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Dufty

27. 060354 [Approving General Plan amendments to South Bayshore Area Plan] Supervisor Maxwell
Ordinance approving General Plan amendments to the South Bayshore Area Plan; making environmental findings and findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1.

Question: Shall this Ordinance be PASSED ON FIRST READING?

SPECIAL ORDER 3:00 P.M

Board of Supervisors Sitting as a Committee of the Whole

28. 060559 [Public Hearing - Ordinance approving and adopting the Redevelopment Plan for the Bayview Hunters Point Redevelopment Project area]
Hearing to consider the possible adoption of an Ordinance approving and adopting the Redevelopment Plan for the Bayview Hunters Point Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law.

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

29. 060343 [Adopting the Redevelopment Plan for the Bayview Hunters Point Redevelopment Project] Supervisor Maxwell
Ordinance approving and adopting the Redevelopment Plan for the Bayview Hunters Point Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law.

(Fiscal impact.)
(4/26/06 - Recommended subject to the following issues being resolved: periodic audit, timing of funding, historic resource survey issue, delegation agreement, longevity of the project area committee, appealing decisions from the Commission related to land use entitlement to the Board of Supervisors.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 4:00 P.M.

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

30. 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.)

3/28/2006, CONTINUED. The President inquired as to whether or not any member of the public wished to address the Board members. Continued to April 4, 2006

4/4/2006, CONTINUED. Continued to April 25, 2006

4/25/2006, CONTINUED. Continued to May 2, 2006

5/2/2006, CONTINUED. Continued to May 9, 2006.

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.)

31. 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)

3/28/2006, CONTINUED. Continued to April 4, 2006

4/4/2006, CONTINUED. Continued to April 25, 2006

4/25/2006, CONTINUED. Continued to May 2, 2006

5/2/2006, CONTINUED. Continued to May 9, 2006.

Question: Shall this Motion be ADOPTED?

32. 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)

3/28/2006, CONTINUED. Continued to April 4, 2006

4/4/2006, CONTINUED. Continued to April 25, 2006

4/25/2006, CONTINUED. Continued to May 2, 2006

5/2/2006, CONTINUED. Continued to May 9, 2006.

Question: Shall this Motion be ADOPTED?

33. 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)

3/28/2006, CONTINUED. Continued to April 4, 2006

4/4/2006, CONTINUED. Continued to April 25, 2006

4/25/2006, CONTINUED. Continued to May 2, 2006

5/2/2006, CONTINUED. Continued to May 9, 2006.

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

The following item will be considered by the Government Audit and Oversight Committee at a Regular Meeting on Monday, May 8, 2006 at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, May 9, 2006.

34. 060593 [Waiving fees for banners to be placed by the Mayor's Memorial Day Citizens Committee to publicize an event or events to commemorate Memorial Day 2006 in San Francisco] Supervisor Peskin
Ordinance waiving banner fees under San Francisco Public Works Code Section 184.78 for up to 60 banners to be placed by the Mayor's Memorial Day Citizens Committee to publicize an event or events commemorating Memorial Day 2006 in San Francisco.

Question: Shall this Ordinance be PASSED ON FIRST READING?

35. 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.

36. 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

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST

These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

37. 060555 [Closed Session - Existing Litigation]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following bankruptcy matter (Chapter 11) in which the City and County of San Francisco is an active participant, and the following regulatory matters in which the City and County of San Francisco is an active participant:

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuits listed below.

Pacific Gas and Electric Company v. City and County of San Francisco; U.S. Bankruptcy Court, Northern District of California, Case No. 01-30923-DM; Adv. Proc. No. 04-3071, filed April 30, 2004;

City and County of San Francisco v. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket No. EL05-133-000, filed June 29, 2005;

Pacific Gas & Electric Company, Docket No. ER05-1190-000, Federal Energy Regulatory Commission, filed July 1, 2005. (City Attorney)

5/2/2006, MOTION Continued to May 9, 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 existing litigation listed above.

From the Budget and Finance Committee Without Recommendation

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

38. 060474 [Appropriating $4,100,000 of Hetch Hetchy Unappropriated Fund Balance to defend the City and County of San Francisco's rights for services it receives from PG&E] Mayor
Ordinance appropriating $4,100,000 of Unappropriated Fund Balance to support Legal Services in Hetch Hetchy Water & Power Department for Fiscal Year 2005-06.

(Fiscal impact.)

5/2/2006, CONTINUED. Continued to May 9, 2006.

Question: Shall this Ordinance be PASSED ON FIRST READING?

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 39 through 44

39. 060605 [Supporting Proposition 81, the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006] Supervisor Ma
Resolution supporting Proposition 81, the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006.

5/2/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 060606 [Commending Northern California Public Broadcasting] Supervisor Ma
Resolution commending Northern California Public Broadcasting for its contributions to strengthen public broadcasting in the region.

5/2/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 060607 [Skin Cancer Screening] Supervisor Mirkarimi
Resolution commending University of California San Francisco Department of Dermatology and the American Academy of Dermatology for sponsoring May 6, 2006 free skin cancer screening at the U.C.S.F. Mount Zion campus.

5/2/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 060608 [Supporting H.R. 5161, the "Commission on Mexican-American Removal during 1929-1941 Act"] Supervisor Sandoval
Resolution supporting H.R. 5161, the "Commission on Mexican-American Removal during 1929-1941 Act."

5/2/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 060609 [Preserve Civic Center Hotel] Supervisor Daly
Resolution urging the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry Local 38 Pension Trust Fund to seismically retrofit and preserve the Civic Center Hotel.

5/2/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

44. 060580 [Final Map for a 17 Unit Residential Condominium Project]
Motion approving Final Map of 1277 Howard Street and 776 Tehama Street, A Residential Condominium Project, being a subdivision of Lot 76 in Assessor's Block No. 3729, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 175,951; District 6.)

4/28/2006, 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:_________________________________________

45. 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 April 25, 2006 through May 1, 2006, for reference by President to appropriate committee on May 9, 2006.

060557 [Settlement of Lawsuit - Linda Nussbaum]
Ordinance authorizing settlement of the lawsuit filed by Linda Nussbaum against the City and County of San Francisco for $170,000; the lawsuit was filed on January 7, 2004 in San Francisco Superior Court, Case No. 427-870; entitled Linda Nussbaum v. City and County of San Francisco, et al. (City Attorney)

4/26/2006, RECEIVED AND ASSIGNED to Rules Committee.

060583 [Annual Appropriation Ordinance for Selected Departments, as of May 1, 2006, Fiscal Year ending June 30, 2007]
Ordinance appropriating all estimated receipts and all estimated expenditures for Selected Departments of the City and County of San Francisco as of May 1, 2006 for the fiscal year ending June 30, 2007. (Mayor)

5/1/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060584 [Proposed Annual Salary Ordinance for Selected Departments, Fiscal Year ending June 30, 2007]
Proposed Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for Selected Departments of the City and County of San Francisco: Airport, Board of Appeals, Health Service System, MTA, PORT, PUC, Rent and Retirement Board printed April 24, 2006, for the Fiscal Year ending June 30, 2007. (Mayor)

5/1/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060628 [Board of Appeals Surcharges]
Ordinance (1) amending Section 10G.1 of the San Francisco Administrative Code to: (a) adjust the surcharges on permits that may be appealed to the Board of Appeals by: (i) reducing the surcharge on tobacco retailer's permits issued by the Department of Public Health pursuant to San Francisco Health Code Section 1009.53 from $56 to $26, (ii) reducing the surcharge on permits specified in Police Code Section 2.26 issued by the Police Department from $17 to $10, (iii) reducing the surcharge on permits specified in Police Code Section 2.26 issued by the Entertainment Commission from $10 to $3, (iv) reducing the surcharge on permits specified in Police Code Section 2.26.1 issued by the Taxi Commission from $9 to $3, (v) increasing the surcharge on permits issued by the Department of Building Inspection pursuant to Building Code Section 110, Tables 1-A, 1-F, Item 3, 1-H, 1-K, Item 8, or 1-Q, Item 5, from $11 to $13 and (vi) increasing the surcharge on permits issued by the Department of City Planning pursuant to Planning Code Sections 351(h), 352(a), (except for fees imposed for hearings on Conditional Uses under Section 303 or Planned Unit Developments under Section 304), 353(a), 353(b), 353(c), or 355, from $11 to $13; (b) adjust the surcharges on annual renewals of permits or licenses associated with permits that may be appealed to the Board of Appeals by: (i) reducing the surcharge on renewal of annual licenses specified in Police Code Section 2.27 issued by the Police Department from $17 to $10, (ii) reducing the surcharge on annual licenses specified in Police Code Section 2.27 issued by the Entertainment Commission from $10 to $3, and (iii) reducing the surcharge on renewal of annual licenses specified in Police Code Section 2.27.1 issued by the Taxi Commission from $9 to $3; (c) imposing a Board of Appeals surcharge of $26 on renewal of annual licenses for tobacco retailers under San Francisco Health Code Section 1009.54 and Business and Tax Regulations Code Section 249.16; and (d) imposing a Board of Appeals surcharge of $109.00 for medical cannabis dispensary permits issued by the Department of Public Health pursuant to Health Code Section 3007, and for annual license renewals associated with such permits pursuant to Health Code Section 3318 and Business and Tax Regulations Code Section 249.20; and (2) making findings pursuant to the California Environmental Quality Act, Public Resources Code Section 21080(b)(8)(A), that the surcharges imposed by this ordinance and the adjustments to existing surcharges made by this ordinance are not "projects" and that all such surcharges are imposed for the purpose of meeting operating expenses of the Board of Appeals, including employee wage rates, fringe benefits and other direct and indirect overhead charges attributable to administrative appeals to the Board of Appeals relating to the aforementioned permits and licenses pursuant to Charter Section 4.106 and other applicable laws. (Mayor)

5/1/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee. Mayor requests this item be calendared at the May 24, 2006 meeting. 5/2/06 - Referred to Planning for environmental review.

PROPOSED RESOLUTIONS

Proposed resolutions received from April 25, 2006 through May 1, 2006, for reference by President to appropriate committee on May 9, 2006.

060564 [Proposition J Contract/Certification of Specified Contracted-Out Services for Enterprise Departments Previously Approved]
Resolution concurring with the Controller's certification previously approved under Proposition J that services can be performed by private contractor for a lower cost than similar work performed by City and County employees, for the following services: employee parking management, information booth, public parking management and shuttle bus services (Airport); paratransit and security services (MTA); citation information, janitorial and landscaping, coin counting and collection, security, and towing services (MTA Parking & Traffic); janitorial and security services (Port). (Mayor)

5/1/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee. Mayor requests this item be calendared at the May 24, 2006 meeting.

060565 [Jurisdictional Transfer of Property]
Resolution authorizing the jurisdictional transfer of City-owned property at 525 Golden Gate Avenue to the Public Utilities Commission in consideration of Nine Million Nine Hundred Thousand Dollars. (Mayor)

5/1/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee. Mayor requests this item be calendared at the May 24, 2006 meeting.

060635 [Petitions and Communications]
Petitions and Communications received from April 25, 2006 through May 1, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on May 9, 2006.

From Office of the Controller, submitting report concerning the financial review of SomArts Cultural Center for fiscal year 2001-02.(1)

From Municipal Transportation Agency, regarding pedestrian and traffic safety issues in the San Jose Avenue/Balboa Park area. (Reference No. 20060314-005) Copy: Supervisor Sandoval(2)

From Department of Building Inspection, submitting report on the status of the Unreinforced Masonry Building Program. (Reference No. 20060328-017) Copy: Supervisor Daly(3)

From Department of Public Works, regarding status of repairing potholes at various locations in District 5.(Reference No. 20060411-015) Copy: Supervisor Mirkarimi(4)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060418-004) Copy: Supervisor Mirkarimi(5)

From concerned citizens, submitting support for closing JFK Drive in Golden Gate Park to motor vehicles on Saturdays. File 060250, Copy: Each Supervisor, 3 letters(6)

From concerned citizens, submitting opposition to closing JFK Drive in Golden Gate Park to motor vehicles on Saturdays. File 060250, Copy: Each Supervisor, Approximately 21 letters(7)

From concerned citizens, submitting various comments against the recently passed resolution urging Cardinal Levada to withdraw his directive to Catholic Charities forbidding the placement of children in need of adoption with same-sex couples. File 060356, Approximately 15 letters(8)

From Office of the Controller, submitting request from the Public Utilities Commission for reallocation of capital funds for fiscal year 2005-06.(9)

From Planning Department, submitting support for proposed ordinance that would reclassify the property at 1 Hawthorne Place (aka Howard Street), Lot 47 in Assessor's Block 3735, from a 150-S Height and Bulk District to a 250-S Height and Bulk District. Files 060479, 060480, Copy: Supervisors Maxwell, Sandoval, McGoldrick(10)

From Department of Public Health, submitting a quarterly report that shows Laguna Honda Hospital's progress to date on the reversal of the Admission Policy priorities that took place February 22, 2005. File 050396(11)

From Public Library Commission, submitting resolution concerning the "California Reading/Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006" known as Proposition 81, on the upcoming June 2006 ballot as adopted by the Public Library Commission at its April 20, 2006 regular meeting. Copy: Each Supervisor(12)

From Shelter Monitoring Committee, submitting quarterly report on the Shelter Monitoring Committee. Copy: Rules Clerk(13)

From Department of Public Health, regarding the steps an operator must take to obtain a Health Department permit to operate a Medical Cannabis Dispensary. (Reference No. 20060314-004) Copy: Supervisor Sandoval(14)

From Housing Authority, regarding the general policies on providing housing for felons, former felons, registered sex offenders, etc. and it's policies on responding to inquiries in a timely manner. (Reference No. 20060328-010) Copy: Supervisor Mirkarimi(15)

From West of Twin Peaks Central Council, submitting copy of letter sent to Chief of Police Heather Fong, urging her to allow the two officers under investigation for allegedly falsifying documents to return to their jobs during the investigation of the charges against them.(16)

From Frank Finelli, submitting request for transfer of a Type 48 On-Sale General Public Premises liquor license and a Type 47 On-Sale General Eating Place license (with a R65 Surrender status) for Inner Circle Entertainment IV, LLC, dba The Slide "ICIEIV" at 430 Mason Street.(17)

From the California Grocer's Association, submitting opposition to the proposed "Grocery Worker Retention" Ordinance. File 060395, Copy: Each Supervisor(18)

From Office of the District Attorney, submitting its Annual Report of Revenue Recovery for Damage to City Property as required by Administrative Code Section 4.26.(19)

From California Regional Water Quality Control Board, submitting notice that the S.F. Bay Regional Water Quality Control Board will consider amendments to the Water Quality Control Plan for the S.F. Bay Basin at a public hearing on June 14 and August 9, 2006 at the Elihu Harris State Building, Oakland, CA.(20)

From Office of the Controller, submitting a draft supplemental appropriation to implement the provisions of the Arts Task Force report that relates to funding arts from the Hotel Tax.(Reference No. 20060228-012) Copy: Supervisor Ma(21)

From Department of Public Works, reporting on the status of removing graffiti at various locations in District 5. (Reference No. 20060418-009) Copy: Supervisor Mirkarimi(22)

From concerned citizens, submitting support for the Film Rebate Program.2 letters(23)

From Mike Zelinsky, concerning the huge pothole at 10th and Judah.(24)

From Department of the Environment, requesting clarification of their role regarding urban forestry items before the Board of Supervisors. Copy: Each Supervisor(25)

From concerned citizens, submitting opposition to proposed legislation prohibiting condominium conversion for a building where specified evictions occurred. File 060443, Copy: Each Supervisor, Approximately 31 letters(26)

From concerned citizens, submitting opposition to the current Redevelopment Plan for Bayview/Hunters Point. File 060343, Copy: Each Supervisor, 3 letters(27)

From Karen Pierce, submitting support for proposed legislation urging the Bay Area Regional Water Quality Control Board to issue a water discharge permit for the Potrero Power Plant that will protect the Bay and bring the Plant into compliance with the law. File 060500, Copy: Each Supervisor(28)

From Steve Elipoulos, submitting opposition to proposal to raise the minimum wage in San Francisco. File 060247, Copy: Each Supervisor(29)

From Norman Doyle, submitting opposition to legislation that would eliminate the felony conviction disclosure requirements for prospective City employees.(30)

From Ryan Fitzpatrick, urging the Board to urge the Municipal Transportation Commission to bring back the nexbus feature that is useful for tracking bus times.(31)

From concerned citizens, urging the Board of Supervisors to fund ten million dollars for the unmet needs of seniors and persons with disabilities. Approximately 25 letters(32)

From Michael Harkin, submitting support for renaming Bush Street in San Francisco.(33)

From Norman Doyle, urging the Board to use a portion of the windfall excess tax revenue to fix the streets in San Francisco. File 060246(34)

From the Branch Library Improvement Program, submitting the "2000 Branch Library Improvement Bond Quarterly Report" for the Fourth Quarter of 2005 and the First Quarter of 2006.(35)

From Public Utilities Commission, regarding status of removing graffiti on utility poles at various locations in District 5. (Reference No. 20060418-015) Copy: Supervisor Mirkarimi(36)

From Nancy Waymack, Board of Education, submitting a revised expenditure plan for the Public Education Enrichment Fund dollars appropriated to the San Francisco Unified School District for School Year 2005-2006 and School Year 2006-2007.(37)

From Anne Cohen, commenting on the outpouring of tragedies in San Francisco due to reckless driving.(38)

From James Miller, commenting on last week's column by Ken Garica regarding closing JFK Drive in Golden Gate Park on Saturdays. File 060250, Copy: Each Supervisor(39)

From Kimo Crossman, commenting on proposed legislation regarding Municipal Wireless Fidelity (WiFi) alternatives. File 060471(40)

From Art Rodriguez and Associates, submitting request for a Type 48-liquor license for "Kingman's Talk of the Town" Lounge at 591 Howard Street.(41)

From Lynne Carmichael, submitting request for a Type 21-liquor license for Bristol Farms Inc. located in the basement of the newly renovated San Francisco Centre at 845 Market Street.(42)

From Office of the Mayor, submitting request for release of reserved funds for overtime funding in the amount of $108,339 to the Department of Juvenile Probation and $419,225 in overtime funding to the Sheriff. Copy: Budget and Finance Committee(43)

From Human Services Commission, submitting notice that the Human Services Commission has approved the Human Services Agency's revised fiscal year 2005-06 savings projection for the Human Services Care Fund.(44)

From Department of Parking and Traffic, regarding the feasibility of installing additional stop signs at the intersection of 15th Avenue and Santiago Street. (Reference 20060307-006) Copy: Supervisor Elsbernd(45)

From Bennett Woll, commenting on the Hornblower Yachts plan to run the Alcatraz ferry service from Pier 311/2.File 060426(46)

From concerned citizens, submitting various comments concerning the proposed Bayview/Hunters Point Redevelopment Project. File 060343, 3 letters(47)

From SF District Corps of Engineers, submitting notice that the California Department of Fish and Game are soliciting comments from the public to consider and potentially modify the proposed Conservation Easement template.(48)

From SF District Corps of Engineers, submitting notice of request for permit to construct the Shiloh Oaks Company Federal Express Facility Project, located on an 8.5-acre site at the end of Caletti Avenue, Windsor, Sonoma County.(49)

From Office of the Mayor, pursuant to Charter Section 3.100, submitting notice that Supervisor Elsbernd will be Acting Mayor from 12:20 pm on May 1 until 11:59 pm on May 2, 2006; Supervisor Peskin will be Acting Mayor from 12:00 am on May 3 until 11:59 pm on May 3, 2006; and lastly, Supervisor Elsbernd will be Acting Mayor from 12:00 am until 5:45 pm on May 4, 2006. In the event of any delay, Supervisor Elsbernd will continue to be Acting Mayor. Copy: Each Supervisor(50)

APPOINTMENTS BY THE MAYOR
Airport Commission
Linda Crayton

Health Commission
Ed Chow

Film Commission
Melanie Blum

Library Commission
Charles Higueres
Jewelle Gomez
Steve Coulter
Lee Munson

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

	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 Budget and Finance Committee






		Present: Supervisors Daly, Dufty, Peskin, Elsbernd

1.	060256	[Sale of real property located at Broadway and Sansome Streets (235-295 Broadway) (Assessor's Block 165 Lot 21) to Redevelopment Agency for $1,500,000.00 and appropriating the sales	Supervisor Peskin
		Ordinance approving the sale of real property located at Broadway and Sansome Streets (235-295 Broadway) (Assessor's Block 165 Lot 21) to the Redevelopment Agency of the City and County of San Francisco (the "Agency") for $1,500,000.00; authorizing the Director of Property to enter into an Agreement for the Sale of Real Property with the Agency for the sale of such real property for the development of affordable housing and appropriating $1,500,000.00 of the sales proceeds to the Department of Public Works for roadway maintenance of the Embarcadero.

		(Fiscal impact.)
		5/2/2006, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	060473	[Appropriating $148,713,421 of bond proceeds to fund the Water System Improvement Program at San Francisco Public Utilities Commission]	Mayor
		Ordinance appropriating $148,713,421 of bond proceeds to support the Water System Improvement Program (WSIP) in the San Francisco Public Utilities Commission (SFPUC) for Fiscal Year 2005-06.

		(Fiscal impact.)
		5/2/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the City Operations and Neighborhood Services Committee






		Present: Supervisors McGoldrick, Dufty, Ma

3.	060291	[Liquor License Transfer, 86 Second Street]
		Resolution determining that the transfer of a Type 47 on-sale general for bona fide public eating place license from 1695 Market Street to 86 Second Street, and the exchange of said license for a Type 48 on-sale general public premises license for M & M Group Assets, Inc. dba DaDa SF Studio, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code with conditions.



		Question: Shall this Resolution be ADOPTED?

4.	060496	[Accept-Expend a grant from the Friends of the San Francisco Public Library]	Supervisor Elsbernd
		Resolution authorizing the San Francisco Public Library to retroactively accept and expend a grant in the amount of $23,400 from the Friends of the San Francisco Public Library for a part-time, as-needed, editor for the publication, At the San Francisco Public Library.



		Question: Shall this Resolution be ADOPTED?

5.	060498	[Grant to provide direct access to housing for chronic alcoholics]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept and expend a new grant in the amount of $982,033 from the US Department of Housing and Urban Development (HUD) for direct access to housing for chronic alcoholics, to enter into an agreement for the use of these funds, and to add one (1.0) new position funded through this agreement; for the period of April 1, 2006, to March 31, 2008.



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Government Audit and Oversight Committee




		Present: Supervisors Ammiano, Peskin

6.	060368	[Fixing Compensation - Unrepresented Employees]	Mayor
		Ordinance Fixing Compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2006.

		(Fiscal impact.)
		5/2/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use and Economic Development Committee






		Present: Supervisors Maxwell, McGoldrick

7.	051065	[Zoning Map Amendment for 425 Mason Street]
		Ordinance amending the San Francisco Planning Code by amending Sectional Map 1 of the Zoning Map of the City and County of San Francisco to change the use classification of the property located at 425 Mason Street, and identified as Assessor's Block No. 0306, Lot No. 002, from a zoning designation of P (Public) to C-3-G (Downtown General Commercial); and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Department)


		5/2/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

8.	051837	[Exceptions to the Ban on Compensated Advocacy]	Supervisor Mirkarimi
		Ordinance amending Section 3.224 of the Campaign and Governmental Conduct Code to clarify that the exception to the ban on compensated advocacy for City officers who are licensed attorneys applies to City officers who are licensed attorneys engaged in the practice of law, which includes representing clients in communications with the City Attorney's Office, District Attorney's Office, the Public Defender's Office, attorneys in the Tax Collector's Office or Sheriff's Department, outside legal counsel hired by the City, and City officers and employees who are named in a pending litigation matter or are witnesses or potential witnesses in a pending litigation matter. (Ethics Commission)


		5/2/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	051876	[Statements of Economic Interests for Candidates for City Elective Office]	Supervisor Mirkarimi
		Ordinance amending section 3.1-102 of the Campaign and Governmental Conduct Code to require all candidates for City elective office to file statements of economic interests with the Department of Elections no later than the final filing date for a declaration of candidacy. (Ethics Commission)


		5/2/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

10.	060463	[Settlement of Lawsuits - Pacific Gas and Electric Company and Television Signal Corp.]
		Ordinance authorizing settlement of three lawsuits filed by Pacific Gas and Electric Company and Television Signal Corp. against the City and County of San Francisco for a total of $1,156,164.00. Pacific Gas and Electric Co v. City and County of San Francisco was filed April 30, 1999, in the United States District Court, Case No. C99-2071 VRW. Television Signal Corp. v. City and County of San Francisco was filed June 29, 2000, in United States District Court, Case No. C00-2311 VRW. Pacific Gas and Electric Co. v. City and County of San Francisco was filed July 21, 2005 in San Francisco Superior Court, Case No. 443-277. The lawsuit entitled Television Signal Corp v. City and County, Case No. C00-2311 VRW, is settled without any payment. (City Attorney)


		5/2/2006, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

11.	060529	[Appointment - Sunshine Ordinance Task Force]
		Resolution appointing Nicholas Mueller, term ending April 27, 2008, to the Sunshine Ordinance Task Force.

		Nicholas Mueller, succeeding himself, term expired, seat 10, must be a member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, for a two-year term ending April 27, 2008.

		Question: Shall this Resolution be ADOPTED?





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

12.	060610	[Adopting findings related to disapproving the categorical exemption issued for the 869 North Point Street Project]
		Motion adopting findings related to disapproving the determination by the Planning Department that the 869 North Point Street Project is categorically exempt from environmental review under the California Environmental Quality Act.


		4/27/2006, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

	Recommendation of the Budget and Finance Committee






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

13.	060393	[Prohibiting Smoking on Golf Courses]	Supervisor McGoldrick
		Ordinance amending Section 1009.81 of the Health Code to prohibit smoking on golf courses.

		(Fiscal impact.) (Supervisors Peskin and Elsbernd dissented in Committee.)
		4/4/2006, REFERRED to Budget and Finance Committee.

		5/2/2006, CONTINUED. Continued to May 9, 2006.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	From the City Operations and Neighborhood Services Committee Without Recommendation






		Present: Supervisors Dufty, Ma

14.	060013	[Amending the Police Code to allow pawnbrokers to operate on Sundays and on Mondays following a holiday]	Supervisor Ma
		Ordinance amending Section 2809 of the San Francisco Police Code to allow pawnbrokers to operate on Sundays and on Mondays following a holiday, and to make clerical corrections.


		4/25/2006, CONTINUED. Continued to May 9, 2006


		Question: Shall this Ordinance be PASSED ON FIRST READING?

15.	060347	[Transbay Redevelopment Project -Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement]	Supervisor Daly
		Ordinance approving a Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement for the Transbay Redevelopment Project Area between the City and County of San Francisco, the Transbay Joint Powers Authority and the Redevelopment Agency of the City and County of San Francisco; making environmental findings and findings of consistency with the City's General Plan and the Eight Priority Policies of City Planning Code Section 101.1; authorizing other steps to implement the Transbay Redevelopment Plan; and adopting other findings pursuant to the California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33679.

		(Fiscal impact.)
		5/2/2006, PASSED ON FIRST READING. Amendments to Option Agreement only, presented by Deputy City Attorney Donnell Choy.


		Question: Shall this Ordinance be FINALLY PASSED?

16.	050182	[Zoning - Planning Code amendments in connection with the Transbay Redevelopment Plan]	Mayor, Supervisor Daly
		Ordinance amending the Planning Code to add Sections 249.27, 263.18, 825, and 825.1 to establish special zoning controls in connection with the Transbay Redevelopment Plan; amending Planning Code Section 270 to reflect the new zoning changes to bulk controls set forth in Section 263.18; adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.


		3/29/2005, CONTINUED. Continued to April 5, 2005

		4/5/2005, CONTINUED. Continued to May 10, 2005

		5/10/2005, CONTINUED. Continued to June 14, 2005

		6/14/2005, RE-REFERRED to Land Use Committee.

		4/18/2006, SUBSTITUTED. Supervisor Daly submitted a substitute bearing same title.

		4/18/2006, ASSIGNED to Land Use and Economic Development Committee.

		4/18/2006, CALLED FROM COMMITTEE. Supervisor Daly Called the Matter from Committee.

		4/25/2006, CONTINUED. Continued to May 2, 2006

		5/2/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

17.	050183	[Zoning Map amendments in connection with the Transbay Redevelopment Plan]	Mayor, Supervisor Daly
		Ordinance amending the San Francisco Planning Code by amending Sectional Maps 1, 1H, and 1SU of the Zoning Map of the City and County of San Francisco in connection with the Transbay Redevelopment Plan and an associated special use district with the Redevelopment Plan area and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight Priority Policies of Planning Code Section 101.1.


		3/29/2005, CONTINUED. Continued to April 5, 2005

		4/5/2005, CONTINUED. Continued to May 10, 2005

		5/10/2005, CONTINUED. Continued to June 14, 2005

		6/14/2005, RE-REFERRED to Land Use Committee.

		4/18/2006, SUBSTITUTED. Supervisor Daly submitted a substitute bearing the same title.

		4/18/2006, ASSIGNED to Land Use and Economic Development Committee.

		4/18/2006, CALLED FROM COMMITTEE. Supervisor Daly Called the Matter from Committee.

		4/25/2006, CONTINUED. Continued to May 2, 2006

		5/2/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Amendment of the Whole.

		5/2/2006, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use and Economic Development Committee






		Present: Supervisors Maxwell, McGoldrick, Mirkarimi

18.	060250	[Closing specified streets in Golden Gate Park on Saturdays on a trial basis for six months beginning approximately on Memorial Day Weekend 2006]	Supervisors McGoldrick, Mirkarimi, Peskin, Sandoval, Ammiano
		Ordinance adding Section 6.12 to the San Francisco Park Code to prohibit, on a trial basis for six months, motor vehicle traffic on Saturdays in Golden Gate Park on John F. Kennedy Drive between Kezar Drive and Transverse Drive; Arguello Boulevard; Conservatory Drive East and Conservatory Drive West; 8th Avenue; Bowling Green Drive between John F. Kennedy Drive and Middle Drive East; and Stow Lake Drive between Stow Lake Drive East and John F. Kennedy Drive; to require reports from the Recreation and Park Department and Department of Parking and Traffic pertaining to the Saturday road closures; to require the Golden Gate Park Concourse Authority to share its own data and reports that are relevant to the Saturday road closures with the aforementioned departments; to require a hearing on the Saturday road closures before the Board of Supervisors or a Board committee; and making environmental findings.


		4/25/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		4/25/2006, PASSED ON FIRST READING AS AMENDED.

		5/2/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Amendment of the Whole

		5/2/2006, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

19.	060443	[Prohibition on condominium conversion for buildings where specified evictions occurred]	Supervisor Peskin
		Ordinance amending the Subdivision Code to add Section 1396.2 to prohibit condominium conversion for a building where specified evictions occurred and making findings, including environmental findings.


		5/2/2006, CONTINUED. Continued to May 9, 2006.


		Question: Shall this Ordinance be PASSED ON FIRST READING?