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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

seal of the city and county of sf

AGENDA
Tuesday, May 23, 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

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 10

Recommendations of the Budget and Finance Committee
 
Present: Supervisors Daly, Dufty, Mirkarimi, Elsbernd

1. 060566 [Eliminating the Trial Courts Cash Revolving Fund]
Ordinance amending the San Francisco Administrative Code by repealing Section 10.140, to eliminate the Trial Court Cash Revolving Fund. (Controller)
5/16/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

2. 060497 [Accept-Expend Bequest of Harvey V. Berneking Living Trust] Supervisor Elsbernd
Resolution authorizing the San Francisco Public Library to accept and expend a bequest in the amount of up to $500,000 from the Harvey V. Berneking Living Trust for public service improvements at the Main Library.
Question: Shall this Resolution be ADOPTED?

Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Peskin, Elsbernd, Mirkarimi

3. 051519 [Grants for the Arts in charge of administration of Nonprofit Performing Arts Loan Program] Mayor
Ordinance amending Sections 50.2, 50.10, 50.11 and 50.21 of the San Francisco Administrative Code concerning the Nonprofit Performing Arts Loan Program to transfer administration of the program from the Mayor's Office of Housing to the Grants for the Arts and allowing Grants for the Arts to establish criteria for loan forgiveness and issue other related regulations and agreements and amending Section 10.100-119 of the San Francisco Administrative Code to clarify that the Fund shall be used for construction project management, capital improvement and acquisition loans to nonprofit performing arts organizations under Chapter 50 of the Administrative Code.
(Fiscal impact.)

5/16/2006, 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

4. 060499 [Stop signs - Chenery Street at Fairmount Street] Supervisor Dufty
Resolution designating the intersection of Chenery Street at Fairmount Street as a "STOP" intersection.
(4/24/06: 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?

5. 060540 [STOP Intersections] Supervisor Dufty
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Elizabeth and Noe Streets, stopping Noe Street at Elizabeth Street, making this intersection an All-Way STOP.
(4/26/06: 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?

6. 060541 [Parking Regulations] Supervisor Dufty
Resolution enacting and rescinding parking regulations at various locations.

GREEN ZONE (10 MINUTE TIME LIMIT), 6 AM TO 10 AM, DAILY - ESTABLISH
"297" Duncan Street, south side, from 18 feet to 57 feet, east of Church Street (39-foot zone)

GREEN ZONE (10 MINUTE TIME LIMIT), 9 AM TO 6 PM, MONDAY THROUGH SATURDAY - RESCIND
GREEN ZONE (10 MINUTE TIME LIMIT), 6 AM TO 7 PM, DAILY - ESTABLISH
"299" Duncan Street, south side, from Church Street to 18 feet easterly (18-foot zone)
(4/26/06: 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?

7. 060604 [Accept-Expend State Grant - Municipal Transportation/Department of Public Works] Supervisor Dufty
Resolution authorizing the Director of Transportation of the Municipal Transportation Agency (or his designee) and the Director of the Department of Public Works to accept and expend state Transportation Act (TDA) Article 3 funds totaling $907,651 for FY 2006-07 for various pedestrian and bicycle projects in the City and County of San Francisco.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee
Present: Supervisors Mirkarimi, Elsbernd, Ammiano

8. 060224 [Requirement to provide minimum information for environmental evaluation application and initial study] Supervisor Peskin
Ordinance amending the San Francisco Administrative Code by amending Section 31.10 to require certain minimum information to be provided in an environmental evaluation application and an initial study under the California Environmental Quality Act.
5/16/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

9. 060407 [Appointment - Western SoMa Citizens' Planning Task Force]
Resolution appointing Bonnie D'Amico, term ending November 23, 2007, to the Western SoMa Citizens' Planning Task Force.
Bonnie D'Amico, succeeding Frank McGrath, resigned, seat 7, must operate a local business in western SoMa, for the unexpired portion of a three-year term ending November 23, 2007.

Question: Shall this Resolution be ADOPTED?

10. 060636 [Appointment - Power Plant Task Force]
Resolution appointing Philip De Andrade, Karen Pierce, Richard Millet, L. Joseph Boss, Steven Moss, and Al Collins, terms ending November 1, 2006, to the Power Plant Task Force.
Philip De Andrade, succeeding himself, term expired, seat 1, must be a resident of the Mission Bay area, for the unexpired portion of a one-year term ending November 1, 2006.
Karen Pierce, succeeding herself, term expired, seat 2, must be a resident of the Bayview Hunters Point area, for the unexpired portion of a one-year term ending November 1, 2006.
Richard Millet, succeeding himself, term expired, seat 3, must be a resident of the Potrero Hill area, for the unexpired portion of a one-year term ending November 1, 2006.
L. Joseph Boss, succeeding himself, term expired, seat 4, must be a resident of the Central Waterfront area, for the unexpired portion of a one-year term ending November 1, 2006.
Steven Moss, succeeding himself, term expired, seat 7, must be the executive director of the San Francisco Community Power Coop or his/her designee, for the unexpired portion of a one-year term ending November 1, 2006.
Al Collins, succeeding Dana Lanza, term expired, seat 9, must be the executive director of Literacy for Environmental Justice or his/her designee, for the unexpired portion of a one-year term ending November 1, 2006.

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

Vetoed by the Mayor
Consideration of Mayor's Veto
Consideration to override veto pursuant to Charter Section 2.106 Ordinance closing specified streets in Golden Gate Park on Saturdays on a trial basis for six months beginning approximately on Memorial Weekend 2006.

11. 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.
NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override.
The Board of Supervisors must act on the veto override within 30 days of the date of the veto. The Mayor vetoed the Ordinance on May 15, 2006. Therefore, the Board will loose the ability to override the veto unless it votes on the veto override on or before June 14, 2006.

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.
5/9/2006, FINALLY PASSED.
Action:___________________________

From the Board

12. 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.)

5/9/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
5/9/2006, CONTINUED AS AMENDED. Continued as amended to May 16, 2006
5/16/2006, AMENDED. Amended to insert a New Section: "to require performance audits to be done no less frequently than every three years."
5/16/2006, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

13. 060684 [Adopting findings related to the Bayview Hunters Point Redevelopment Plan] Supervisor Maxwell
Motion adopting findings in response to written objections to adoption of the Bayview Hunters Point Redevelopment Plan delivered to the Clerk of the Board of Supervisors before or at the public hearing on adoption of the Plan, pursuant to the requirements of redevelopment law.
Question: Shall this Motion be ADOPTED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee
Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd, Maxwell

A quorum of the Board of Supervisors was present and a Special Board of Supervisors meeting was held for File 060475.

14. 060475 [Public Employment - Mayor's Office of Economic and Workforce Development] Mayor
Ordinance amending Ordinance No. 204-05 (Annual Salary Ordinance No. 204-05 (Annual Salary Ordinance 2005/2006) to reflect the creation of three (3) positions in the Mayor's Office of Economic and Workforce Development.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

15. 060495 [Grant of Federal Funds - Municipal Transportation Authority] Supervisor Ma
Resolution authorizing the Municipal Transportation Agency to accept and expend $2,851,800 of Transit Security Grant Program funds to create a sustainable effort for the protection of regional transit systems critical infrastructure from terrorism, excluding administrative overhead costs.
Question: Shall this Resolution be ADOPTED?

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

16. 060708 [Paratransit Reimbursement - Taxi Meter Rates] Supervisor Alioto-Pier
Ordinance amending Article 16, Section 1137.5 of the San Francisco Police Code to extend the taxi meter rate offset for the paratransit program to June 30, 2006.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

17. 060479 [Zoning Map Amendment, 645 Howard Street] Supervisor Daly
Ordinance amending Zoning Map Sheet IH of the City and County of San Francisco for property located at Block 3735, Lot 047, to change the height and bulk district classification from 150-S to 250-S; adopting findings pursuant to the California Environmental Quality Act; and adopting findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 060480 [General Plan Amendment, 645 Howard Street] Supervisor Daly
Ordinance amending Map 5 (Proposed Height and Bulk Districts) of the Downtown Area Plan of the General Plan of the City and County of San Francisco to change the height and bulk district classification of the property located at Block 3735, Lot 047 from 150-S to 250-S; adopting findings pursuant to the California Environmental Quality Act; and adopting findings of consistency with the Priority Policies of Planning Code Section 101.1.
Present: Supervisors Maxwell, Sandoval, McGoldrick
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 060142 [Public Works Code - sidewalk landscape permits] Mayor, Supervisor Alioto-Pier
Ordinance amending the Public Works Code by amending Sections 801, 811, and 812 to recognize sidewalk landscaping as an important contributor to the City's quality of life, to provide for fines and penalties for violating this Ordinance, and to include Arborist Technician in the list of designated employees that can enforce the Urban Forestry Ordinance, respectively; by adding Section 810B to establish a permit process for sidewalk landscape installation and removal, including permit fees and procedures to adjust fees on an annual basis; and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 051521 [Designate 150 Otis Street, the Juvenile Court and Detention Home, as Landmark No. 248] Supervisor Peskin
Ordinance designating 150 Otis Street, the Juvenile Court and Detention Home, as Landmark No. 248 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department)
9/27/2005, RE-REFERRED to Land Use Committee.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Select Committee on Ending Gun and Gang Violence
Present: Supervisors Maxwell, Mirkarimi, Ammiano

21. 060086 [Providing for public notice of installation of community safety cameras] Supervisor Mirkarimi
Ordinance amending the San Francisco Administrative Code by adding Chapter 19, Sections 19.1 through 19.8, to regulate the installation of community safety cameras, prescribe a notification and approval process for the installation of cameras, and establish protocols for oversight and access to video recordings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Rules Committee
Present: Supervisors Mirkarimi, Elsbernd, Ammiano

22. 060386 [55-year Seismic Safety Retrofit Loan Program Loans] Supervisors Dufty, Mirkarimi, Ammiano
Ordinance amending San Francisco Administrative Code Sections 66.1, 66.3, 66.4, 66.5, 66A.2, 66A.4, 66A.13, 66A.24, 66A.25, and 66A.26 to allow for 55-year term Seismic Safety Retrofit Loan Program loans, to name the Mayor's Office of Housing as the Seismic Safety Retrofit Loan Program Administrator, and to make certain administrative clarifications.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 3:30 P.M.

Board of Supervisors Sitting as a Committee of the Whole

23. 060651 [Hearing - Interim zoning moratorium for three months on new check cashing and payday lender uses]
Hearing to consider the possible adoption of an urgency ordinance extending the interim zoning moratorium for three months on new check cashing and payday lender uses and making required findings, including findings related to the imposition of an interim zoning moratorium, findings of consistency with the priority planning policies of Planning Code Section 101.1, and environmental findings. (Clerk of the Board)
Action:___________________________

24. 060641 [Zoning -Three-Month Extension of Interim Moratorium on New Check Cashing and Pay Day Lender Uses] Supervisor Ammiano
Urgency Ordinance approving a three-month extension of the interim zoning moratorium on new check cashing and pay day lender uses and making required findings, including findings related to the imposition of an interim moratorium, findings of consistency with the priority policies of Planning Code Section 101.1, and environmental findings.
Question: Shall this Ordinance be FINALLY PASSED?

SPECIAL ORDER 4:00 P.M.

CALLED FROM COMMITTEE

25. 060652 [Hearing - Child Product Safety]
Hearing to consider the possible adoption of an Ordinance amending the San Francisco Health Code by adding Chapter 34, Sections 34.1 through 34.3, to prohibit the manufacture, sale, or distribution in commerce of any toy or child care article that is intended for use by a child under three years of age if it contains bisphenol-A or other specified chemicals, and to require manufacturers to use the least toxic alternative to those substances, and setting an operative date. (Clerk of the Board)
Action:___________________________

26. 060107 [Child product safety] Supervisors Ma, Maxwell, Alioto-Pier
Ordinance amending the San Francisco Health Code by adding Chapter 34, Sections 34.1 through 34.3, to prohibit the manufacture, sale, or distribution in commerce of any toy or child care article that is intended for use by a child under three years of age if it contains bisphenol-A or other specified chemicals, and to require manufacturers to use the least toxic alternative to those substances, and setting an operative date.
5/9/2006, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Ma called this measure from City Operations & Neighborhood Services Committee.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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.

27. 060490 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 2477-2479 Sutter Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated February 6, 2006 (Case No. 2005.0402E), exempting from environmental review under Categorical Exemption [State CEQA Guidelines, Sections 15301 and 15331], the proposed project at 2477-2479 Sutter Street. The proposal would convert an existing two-unit residential structure with ground-floor retail into a three-unit structure with three parking spaces by adding a 2,590-square foot horizontal and vertical addition and converting the retail space into a garage.

The project site is located at 2477-2479 Sutter Street (Assessor's Block 1076, Lot 022), The project is within the RM-1 (Mixed, Low Density) zoning district and within a 40-X height and bulk district. (Appellant: Stephen M. Williams.)
(Companion measure to Files 060491, 060492, 060493; District 5.)

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.)

28. 060491 [Affirming the categorical exemption issued for the 2477-2479 Sutter Street project]
Motion affirming the determination by the Planning Department that the project at 2477-2479 Sutter Street is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

29. 060492 [Disapproving the categorical exemption issued for 2477-2479 Sutter Street]
Motion disapproving the determination by the Planning Department that the project at 2477-2479 Sutter Street is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

30. 060493 [Preparation of findings related to the 2477-2479 Sutter Street 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 2477-2479 Sutter Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:30 P.M.

31. 060570 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 828 Francisco Street, Planning Case No. 2005.0493E]
Hearing of persons interested in or objecting to the decision of the Planning Department dated April 6, 2006, exempting from environmental review under Categorical Exemption: State CEQA Guidelines, Section(s) 15301(e)(1), the proposed project involving alterations to an existing, three-story-over basement, 6,923-square foot residence. The proposed alterations would: 1) add a dormer window on the eastern portion of the front façade (south side) at the third floor (attic level); 2) raise the height of, and enlarge, the existing dormer at the rear of the property (north side), so as to be habitable space as defined by the Building Code; 3) add new stairs from the existing first-story deck to the back yard; 4) add penetrations to the existing wall to add new windows at the second story at the rear; 5) add four new penetrations for four new windows and close up an existing window on the east façade; and 6) add three new penetrations for three new windows and close up three existing windows on the west façade. As considered by the Planning Department, the proposed alterations constitute alteration, façade alterations and horizontal extensions at the front, side and rear of the structure. The project would also resurface the roof at the second floor northeast corner for use as a deck and re-roof the existing asbestos shingle roof.

The proposed addition and construction would be minor additions to the existing building envelope. They would result in no net change in the square footage of the existing structure, as measured by the Planning Code. The approximately 18,734-square foot project site is located at 828 Francisco Street (Assessor's Block 0045, Lot 003), about 40 feet west of Leavenworth Street, in the block bounded by Leavenworth, Francisco, Hyde and Bay Streets, in the City's Russian Hill Neighborhood. The site has an approximately 136.5-foot lot dimension on Francisco Street, the only street frontage. The site is within an RH-1 (D) Residential, One-Family (Detached Dwellings) Use District and a 40-X Height and Bulk District. (Appellant: Angela Schroeder).
(Filed April 19, 2006; Companion measure to Files 060570, 060571, 060572, 060573; District 2.)

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.)

32. 060571 [Affirming the categorical exemption issued for the project at 828 Francisco Street]
Motion affirming the determination by the Planning Department that the 828 Francisco Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

33. 060572 [Disapproving the categorical exemption issued for the project at 828 Francisco Street]
Motion disapproving the determination by the Planning Department that the 828 Francisco Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

34. 060573 [Preparation of findings related to the project at 828 Francisco Street]
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 828 Francisco Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 5:00 P.M.

35. 060560 [Public Hearing - Appeal of Final Environmental Review for 3575 Geary Boulevard Project, Planning File No. 2003.0410E]
Hearing of persons interested in or objecting to the Planning Commission's April 6, 2006, certification of a Final Environmental Impact Report identified as Planning File No. 2003.0410E, through its Motion 17218, the proposed project located at 3575 Geary Boulevard, Assessor's Block 1083, Lot 2, and Assessor's Block 1084, Lot 4. (Appellant: Brian Gaffney, Law Offices of Brian Gaffney).
(Filed April 26, 2006; companion measure to Files 060561, 060562, 060563; District 1.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Environmental Impact Report 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.)

36. 060561 [Affirm certification of 3575 Geary Boulevard Project FEIR]
Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 3575 Geary Boulevard Project. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

37. 060562 [Disapprove certification of 3575 Geary Boulevard Project FEIR]
Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for 3575 Geary Boulevard Project. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

38. 060563 [Preparation of findings to disapprove certification of 3575 Geary Boulevard Project FEIR]
Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the 3575 Geary Boulevard Project FEIR. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 5:30 P.M.

39. 060620 [Public Hearing - Conditional Use Appeal for 3575 Geary Boulevard Project, Planning File No. 2003.0410CEK!]
Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 17219 dated April 6, 2006, approving Conditional Use Application No. 2003.0410CEK!. The approval relates to a conditional use authorization under Planning Code Sections 121.1 and 712.11 to allow lot size in excess of 9,999 square feet, Sections 121.2 and 712.21 to allow non-residential use size in excess of 5,999 square feet, Section 271 to allow exception from the "A" Bulk Controls in an 80-A Height and Bulk District, and Sections 303 and 304 to allow a Planned Unit Development that would include modifications to the rear yard requirement (Planning Code Section 134), the Open space requirement for senior dwelling units (Planning Code Section 135(d)(3)), the dwelling unit exposure requirement (Planning Code Section 140), and the off-street parking and loading requirements (Planning Code Section 151 and 152).

The site is currently occupied by the now closed single-screen Coronet Theater in an NC-3 (Moderate-scale Neighborhood Commercial) District, and an 80-A Height and Bulk District, located at 3575 Geary Boulevard; Lot 2 in Assessor's Block 1083, and Lot 4 in Assessor's Block 1084. (Appellant: Libby Benedict, on behalf of Jordan Park Improvement Association and Francisco Heights Neighborhood Association).
(Filed May 4, 2006; companion measure to Files 060621, 060622, 060623; District 1.)

Action:___________________________

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

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

40. 060621 [Approving Planning Commission decision related to Conditional Use Appeal for 3575 Geary Boulevard]
Motion approving decision of the Planning Commission by its Motion No. 17219, approving Conditional Use Application No. 2003.0410CEK!, located at 3575 Geary Boulevard currently occupied by the now closed single-screen Coronet Theater, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

41. 060622 [Disapproving Planning Commission decision related to Conditional Use Appeal for 3575 Geary Boulevard]
Motion disapproving decision of the Planning Commission by its Motion No. 17219, approving Conditional Use Application No. 2003.0410CEK!, located at 3575 Geary Boulevard currently occupied by the now closed single-screen Coronet Theater. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

42. 060623 [Preparation of findings related to the Conditional Use Appeal for 3575 Geary Boulevard]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2003.0410CEK!, located at 3575 Geary Boulevard currently occupied by the now closed single-screen Coronet Theater, for action by the Board at its next meeting. (Clerk of the Board)
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 Rules Committee at a Regular Meeting on Thursday, May 18, 2006 at 10:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, May 23, 2006.

43. 060649 [Motion setting special off site meeting of the Select Committee on Ending Gun & Gang Violence] Supervisors Maxwell, Mirkarimi
Motion scheduling an off-site meeting of the Select Committee on Ending Gun & Gang Violence on Wednesday, June 7, 2006, 6:00 p.m., at the Ella Hill Hutch Community Center, 1050 McAllister Street, for the purpose of conducting a joint meeting session with San Francisco Police Commission in receiving community input regarding gun & gang violence in the City of San Francisco.
Question: Shall this Motion be ADOPTED?

44. 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.

45. 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.

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.

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 46 through 49

46. 060685 [Declaring May 16, 2006 Lonnie Butler Day] Supervisor Maxwell
Resolution declaring that Lonnie Butler is an honorary citizen and that May 16, 2006 is Lonnie Butler Day in the City and County of San Francisco.
5/16/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

47. 060686 [Public Works Week - May 22 - 26, 2006] Supervisors Peskin, Dufty
Resolution proclaiming May 22 through May 26, 2006 as Public Works Week in San Francisco.
5/16/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

48. 060687 [Supporting Proposition 82, the Preschool for All Initiative] Supervisor Peskin
Resolution expressing support for California State Proposition 82, the Preschool for All Initiative.
5/16/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

49. 060688 [Urging President George W. Bush not to deploy the National Guard along the United States-Mexico border] Supervisors Sandoval, Mirkarimi, Ammiano
Resolution urging President George W. Bush not to deploy the National Guard along the United States-Mexico border.
5/16/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

 
Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

50. 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

51. 060627 [Zoning Map Amendment for 1327 7th Avenue]
Ordinance amending the San Francisco Planning Code by amending Sectional Map 6 of the Zoning Map of the City and County of San Francisco to change the use classification of the property located at 1327 - 7th Avenue, and identified as Assessor's Block No. 1762, Lot No. 006, from a zoning designation of RH-2 (Residential House, Two Family) to NC-2, Inner Sunset Neighborhood Commercial District; and adopting General Plan, Planning Code Section 101.1(b), and environmental findings. (Planning Department)
Question: Shall this Ordinance be FINALLY PASSED?

PROPOSED ORDINANCES
Proposed ordinances received from May 10, 2006 through May 15, 2006, for reference by President to appropriate committee on May 23, 2006.

060670 [Settlement of Lawsuit - Fire & Casualty Insurance Compan]
Ordinance authorizing settlement of the lawsuit filed by The Fire & Casualty Insurance Company against the City and County of San Francisco for $700,000; the lawsuit was filed on August 14, 2002 in San Francisco Superior Court, Case No. 411-478; entitled The Fire & Casualty Insurance Company v. City and County of San Francisco. (City Attorney)
5/15/2006, RECEIVED AND ASSIGNED to Rules Committee.

060671 [Settlement of Lawsuit - Yekaterina Ramirez]
Ordinance authorizing settlement of the matter of Yekaterina Ramirez v. City and County of San Francisco for $140,000. The lawsuit was filed on August 26, 2004, in San Francisco Superior Court, Case No. 434181; entitled Yekaterina Ramirez v. City and County of San Francisco, Public Utilities Commission, and Does 1 through 25. (City Attorney)
5/15/2006, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS
 
Proposed resolutions received from May 10, 2006 through May 15, 2006, for reference by President to appropriate committee on May 23, 2006.

060634 [Authorize payment of performance fees for Year 5 of the Water Infrastructure Partners contract for an amount not to exceed $246,944]
Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to pay performance fees for Contract Year No. 5 of the Agreement with the Water Infrastructure Partners for an amount not to exceed $246,944. (Public Utilities Commission)
5/15/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060709 [Petition and Communications]
Petitions and Communications received from May 9, 2006 through May 15, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on May 23, 2006.

From Municipal Transportation Agency, regarding installation of all-way STOP controls at the intersection of Darien Way and Santa Ana. (Reference No. 20060314-013), Copy: Supervisor Elsbernd. (1)

From Department of Public Health, submitting request for renewal of waivers from compliance with Chapter 12B of Administrative Code for Safeway and Cala Foods. (2)

From Port of San Francisco, submitting As-Needed Professional Services Contracts - 3rd Quarterly Report Fiscal Year 2005/06. (3)

From Clerk of the Board, submitting Cost Report for Budget Analyst Services FY 2006/07 Comparative Costs of Contracting vs. In-House Services. Copies: Each Supervisor and Budget Analyst. (4)

From Clerk of the Board, submitting Form 700 Statement of Economic Interest for Cathleen Sullivan and Rob Black. (5)

From: San Francisco Redevelopment Agency, submitting Notice of Public Scoping Meeting concerning preparation of Environmental Impact Report for 1746 Post Street Development. (6)

From Department of Public Health, submitting report on the rate of salary and fringe benefit expenditures for the nine months ending March 31, 2006 for SFGH, Laguna Honda Hospital, and General Fund divisions of Public Health. (7)

From Department of Public Health - Environmental Health, submitting Grant Budget Revision for HCPB18-06 State Funds for Mosquito Control. Copy: Budget and Finance Committee Clerk. (8)

From Municipal Transportation Agency, regarding feasibility of installing pedestrian countdown signals at Hayes and Masonic. (Reference No. 20060131-008), Copy: Supervisor Mirkarimi. (9)

From Police Department, regarding staffing levels at Taraval Police Station. (Reference No. 20060328-015), Copy: Supervisor Sandoval. (10)

From Clerk of the Board, submitting Quarterly Report on Departmental Spending. Copies: Each Supervisor, Contoller's Office, and Mayor's Office. (11)

From Private Industry Council, submitting latest report of activities for the Private Industry Council. (12)

From Department of Public Works, submitting request for release of reserve of TEA21 Demonstration Funds for environmental studies related to a bridge or surface roadway linking Hunters Point Shipyard to U.S. Highway 101. Copy: Budget and Finance Committee Members. (13)

From Recreation and Park Department, submitting request for waivers from Chapter 14A, 12B, and 12C of Administrative Code for: Paramount's Great America, Raging Waters, Santa Cruz Seaside Co., Six Flags Marine World, and Waterworld U.S.A. (14)

From Office of the Treasurer/Tax Collector, submitting Cash difference and Overage Fund balance for the period ending April 30, 2006. (15)

From Stradling Yocca Carlson & Rauth, regarding California Community College Financing Authority 2006 Tax and Revenue Anticipation Bonds for San Francisco Community College District. (16)

From San Francisco International Airport, submitting waiver request for Chevron USA credit card. (17)

From Planning Department, submitting Planning Department Response Letter for Sunol/Niles Dam Removal Final EIR Appeal. File No. 060553, Copies: Each Supervisor and City Attorney. (18)

From Ethics Commission, submitting Legislation approved by the Ethics Commission. File Nos. 060033 and 060217. (19)

From concerned citizens, submitting opposition to proposed ordinance to prohibit condominium conversion for a building where specified evictions occurred. File No. 060443, Approximately 2 letters received, Copy: Each Supervisor. (20)

From Public Utilities Commission, regarding SFPUC Sunol and Niles Dams Removal Project, Appeal of the Final Environment Impact Report. File No. 060550, Copies: Each Supervisor and City Attorney. (21)

From Alameda Creek Alliance, submitting support for the Sunol and Niles Dam Removal Project. File No. 060550, Copies: Each Supervisor and City Attorney. (22)

From concerned citizens, submitting support for Proposed ten-year capital expenditure plan for Fiscal Year 2007-2016 to fund critical infrastructure needs throughout the City. File No. 060585, Approximately 7 letters received. (23)

From Joseph Braverman, regarding a system for direct voter participation in government. (24)

From San Francisco Redevelopment Agency, submitting Responses to written objections received on the proposed Redevelopment Plan for the Bayview Hunters Point Plan Amendment. File No. 060343, Copies: Each Supervisor and City Attorney. (25)

From Gladstone & Associates, submitting Proposed Amendments to Inclusionary Housing Ordinance. File No. 060084, Copy: Land Use Committee. (26)

From concerned citizens, submitting support for a full light signal at Lake Merced Hill. Copy: Each Supervisor, Approximately 13 letter received. (27)

From concerned citizens, submitting opposition to the Saturday road closures in Golden Gate Park. File No. 060250, Approximately 4 letters received. (28)

From concerned citizens, submitting opposition to the proposed Bayview Hunters Point Redevelopment Plan. File No. 060343, Copy: Each Supervisor. (29)

From The White House, submitting Thank You for forwarding a copy of Resolution No. 90-06, which urged the President and Congress to support HR 4574. File No. 060196. (30)

From: Department of Parking and Traffic, regarding improving the visibility of Dewey Circle. (Reference No. 20060404-001), Copy: Supervisor Elsbernd. (31)

From Department of Public Works, regarding the status of repairing potholes located at 1315- 16th Ave. (Reference No. 20060328-007), Copy: Supervisor Mirkarimi. (32)

From Ted Dienstfre, regarding Mayor's appointment to the Treasure Island Development Authority Board of Directors. File No. 060461, Copies: Each Supervisor. (33)

From concerned citizen, commenting on the lack of funding for violence prevention in the Bayview. (34)

From Elvin Rodriguez, commenting on his displeasure with receiving a citation while visiting the City. (35)

From concerned citizens, commenting on the waste of taxpayer's money in San Francisco. Approximately 2 letters received. (36)
 

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.

Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
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
 

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