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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, July 25, 2006
2:00 PM

Regular Meeting


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

Gloria L. Young, Clerk of the Board


ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES
Motion to approve Board Meeting Minutes for June 27, 2006.

AGENDA CHANGES

COMMUNICATIONS

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

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

Items 1 through 13

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

1. 051919 [San Francisco Health Care Security Ordinance] Supervisors Ammiano, Daly, Mirkarimi, Dufty, Ma, McGoldrick, Maxwell, Peskin
Ordinance amending the San Francisco Administrative Code to add Chapter 14, Sections 14.1 through 14.8, to provide health care security for San Francisco residents by creating a public health access program for the uninsured, requiring employer paid health expenditures, identifying options for how an employer may make such expenditures, creating an advisory health access working group, and setting an operative date.
(Economic Impact)

7/18/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

2. 060770 [Recreation and Park Department - Stadium Rentals] Mayor
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by adding Section 12.42 to authorize the Recreation and Park Department to enter into short term license agreements for use of Kezar Stadium, Boxer Pavilion and the Stadium at Candlestick Point at rates comparable to those charged for similar bay area venues.
7/18/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

3. 061045 [Approving $450,000 for traffic calming projects and Alemany Boulevard pedestrian improvements in the Municipal Transportation Agency fiscal year 2006-2007]
Ordinance appropriating $50,000 from the General Fund and $400,000 from the Parking and Traffic fund balance to support $200,000 for traffic calming projects and $250,000 for Alemany Boulevard pedestrian improvements for fiscal year 2006-2007.
7/18/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Dufty, Mirkarimi, Elsbernd

4. 060841 [Airport Concession Lease]
Resolution approving Amendment No. 1 to the Luggage Cart Lease and Operating Agreement between Smarte Carte, Inc. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
Question: Shall this Resolution be ADOPTED?

5. 060946 [Accept-Expend FEMA PDM Grant Funds - Public Utilities Commission] Mayor
Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $2,999,109 in FY 2005 Pre-Disaster Mitigation funds from the Federal Emergency Management Agency for the Hayward Fault Mitigation Project.
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee
Present: Supervisors McGoldrick, Ma

6. 060838 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

PARKING METERS, 2-HOUR, 9 AM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
PARKING METERS, 2-HOUR, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
Bryant Street, west side, between 18th and Mariposa Streets (correction to operation times)

TOW-AWAY, NO PARKING - RESCIND
METERED MOTORCYCLE PARKING - ESTABLISH
Jessie Street, south side, from 4th Street to 54 feet westerly (approximately 14 metered motorcycle stalls) (Parking and Traffic Department)
(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; DPT Order No. 3190.)

Question: Shall this Resolution be ADOPTED?

7. 060839 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Brussels and Dwight Streets, stopping Brussels Street, making this intersection an All-Way STOP;
Foerster Street at Los Palmos Drive, stopping Foerster Street, making this intersection an All-Way STOP; and,
Paulding Street at Arago Street, stopping Paulding Street, making this intersection an All-Way STOP. (Parking and Traffic Department)
(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; DPT Order No. 3190.)

Question: Shall this Resolution be ADOPTED?

8. 060840 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

RIGHT LANE MUST TURN RIGHT EXCEPT MUNI AND BICYCLES - ESTABLISH
Market Street, eastbound, at 15th and Sanchez Streets. (Parking and Traffic Department)
(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; DPT Order No. 3190.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Land Use Committee
Present: Supervisors Maxwell, McGoldrick

9. 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)
7/18/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

10. 060827 [Settlement of Lawsuit - Nibbi Brothers, Inc]
Ordinance authorizing settlement of the lawsuit filed by Nibbi Brothers, Inc., against the City and County of San Francisco for $300,000; the lawsuit was filed on January 17, 2006 in San Francisco Superior Court, Case No. CGC 06448631; entitled Nibbi Brothers, Inc., v. City and County of San Francisco. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 060842 [Settlement of Lawsuit - Alfonso Helena]
Ordinance authorizing settlement of the lawsuit filed by Alfonso Helena against the City and County of San Francisco for $114,500; the lawsuit was filed on January 20, 2004 in United States District Court, Northern District of California, Case No. C04-0260; entitled Alfonso Helena, et al., v. City and County of San Francisco, et al.
Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 061036 [Appointment - Pedestrian Safety Advisory Committee]
Resolution appointing Joy Oganeku and John Lowell, terms ending March 28, 2007, and Shirley Bierly, term ending March 28, 2008, to the Pedestrian Safety Advisory Committee.
Joy Oganeku,succeeding Jeanne Lynch, term expired, seat 4, must be a representative from senior or disability organizations, for the unexpired portion of a two-year term ending March 28, 2007.
John Lowell, succeeding Ancel Martinez, term expired, seat 8, must be a representative from child advocate or school support organization, for the unexpired portion of a two-year term ending March 28, 2007.
Shirley Bierly succeeding herself, term expired, seat 9, must be a representative from a public health organization, for a two-year term ending March 28, 2008.

Question: Shall this Resolution be ADOPTED?

13. 060997 [Appointment - Urban Forestry Council]
Resolution appointing Bonnie Ora Sherk, term ending April 5, 2007, to the Urban Forestry Council.
Bonnie Ora Sherk, succeeding Bonnie Fisher, resigned, seat 2, must be a representative of the tree management profession, for the unexpired portion of a two-year term ending April 5, 2007.

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

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

14. 060728 [Public Employment, Fiscal Year 2006-2007] Mayor
Consolidated Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2007, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor.
Fiscal Impact.


(Charter Section 9.100 provides the Board shall not adopt the Budget eariler than July 15, 2006 nor later than August 1, 2006.)

7/11/2006, CONTINUED. Continued to July 18, 2006
7/18/2006, PASSED ON FIRST READING AS DIVIDED. Supervisor Sandoval requested to divide the question of the San Francisco Airport's Budget. (See File No. 061105 for Airport Budget)
Question: Shall this Ordinance be FINALLY PASSED?

15. 060729 [Government Funding, Fiscal Year 2006-2007] Mayor
Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 2007.
Fiscal Impact.

(Charter Section 9.100 provides the Board shall not adopt the Budget eariler than July 15, 2006 nor later than August 1, 2006.)

7/11/2006, CONTINUED. Continued to July 18, 2006
7/18/2006, PASSED ON FIRST READING AS DIVIDED. Supervisor Sandoval requested to divide the question of the San Francisco Airport's Budget. (See File No. 061105 for Airport Budget)
Question: Shall this Ordinance be FINALLY PASSED?

16. 061105 [San Francisco Airport Budget, FY 2006/07]
Consolidated Annual Salary Ordinance enumerating positions in the Annual Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the Fiscal Year ending June 30, 2007, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor for the San Francisco Airport.


(Charter Section 9.100 provides the Board shall not adopt the Budget eariler than July 15, 2006 nor later than August 1, 2006.)
7/18/2006, PASSED ON FIRST READING.
7/18/2006, DIVIDED to Board of Supervisors. Divided from File No. 060728 and 060729.
Question: Shall this Ordinance be FINALLY PASSED?

From the Budget and Finance Committee Without Recommendation
Present: Supervisors Daly, Dufty, Elsbernd

17. 060768 [Creation of Budget Savings Incentive Fund] Mayor
Ordinance amending the San Francisco Administrative Code by repealing Section 3.17 and by adding Section 10.20, to create a Budget Savings Incentive Fund to implement cost-saving strategies and to allow for the reinvestment of those savings in one-time expenditures.
7/11/2006, CONTINUED. Continued to July 18, 2006
7/18/2006, AMENDED.
7/18/2006, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Maxwell, McGoldrick

18. 051668 [Expand the Inclusionary Affordable Housing Program to include Buildings of 5 units or more] Supervisor McGoldrick
Ordinance amending the Planning Code by amending Sections 315.2, 315.3 and 315.6 to expand the application of the Inclusionary Affordable Housing Program to buildings of five units and more.
7/18/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
7/18/2006, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

From the Rules Committee Without Recommendation
Present: Supervisors Mirkarimi, Elsbernd

19. 060673 [Charter Amendment - Requiring the Mayor to appear personally at one regularly-scheduled meeting of the Board of Supervisors each month to engage in formal policy discussions with members Supervisor Daly
Charter amendment (Third Draft) to amend Sections 2.103 and 3.100 to require the Mayor to appear personally at one regularly-scheduled meeting of the Board of Supervisors each month to engage in formal discussions with members of the Board and to authorize the Board to adopt rules and guidelines.
7/11/2006, CONTINUED. Continued to July 18, 2006
7/18/2006, CONTINUED. Continued to July 25, 2006
Question: Shall this Charter Amendment be SUBMITTED?

20. 060707 [Charter Amendment - City Elections In Even-Numbered Years] Supervisors McGoldrick, Maxwell
Charter amendment (First Draft) to amend Section 13.101 and Article XVII to change the election cycle for the offices of Mayor, Sheriff, District Attorney, City Attorney and Treasurer so that these offices will be elected in even-numbered years; and to amend the definition of general municipal election so that such elections occur only in even-numbered years.
7/11/2006, CONTINUED. Continued to July 18, 2006
7/18/2006, CONTINUED. Continued to July 25, 2006
Question: Shall this Charter Amendment be SUBMITTED?

NEW BUSINESS

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

21. 060798 [Joint Exercise of Powers Agreement - California Municipal Finance Authority] Supervisor Mirkarimi
Resolution approving, authorizing and directing the execution of a joint exercise of powers agreement relating to the California Municipal Finance Authority.
Question: Shall this Resolution be ADOPTED?

22. 060799 [Issuance and Sale of Revenue Bonds - Mercy Housing Projects] Supervisor Mirkarimi
Resolution approving the issuance and sale of tax-exempt bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $12,000,000 for the financing of the acquisition and rehabilitation of certain housing projects to be owned by a limited partnership or a limited liability company in which Mercy Housing California or an affiliate will serve as a general partner or member.
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Dufty, Peskin, Mirkarimi, Elsbernd

23. 060825 [Finding of Fiscal Feasibility; Endorsement of Term Sheet; Exploratorium Project at Piers 15/17]
Resolution finding the proposed Exploratorium Project at Piers 15/17 fiscally feasible pursuant to Administrative Code Chapter 29 and endorsing the Term Sheet between The Exploratorium and the San Francisco Port Commission. (Port)
Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee
Present: Supervisors McGoldrick, Ma

24. 060826 [Prohibiting vehicle parking for commercial advertising purposes] Supervisors McGoldrick, Dufty
Ordinance repealing San Francisco Police Code Section 681, adding San Francisco Traffic Code Section 63.3, and amending San Francisco Traffic Code Section 132 to impose a penalty of $100 for violation of Traffic Code Section 63.3. (Parking and Traffic Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 060487 [Landmark Trees - Adoption of criteria and procedures for designation and removal] Supervisor McGoldrick
Resolution adopting the Urban Forestry Council's recommended criteria and procedures for the designation and removal of landmark trees in furtherance of Ordinance No. 17-06 concerning the Urban Forestry Ordinance and authorizing other official acts pursuant to this Resolution.
4/18/2006, REFERRED to City Operations and Neighborhood Services Committee. Supervisor Ma requested that this matter be referred to Committee.
Question: Shall this Resolution be ADOPTED?

26. 060642 [Traffic Regulation - Closure of Jack Kerouac Alley to vehicular traffic] Supervisor Peskin
Resolution closing Jack Kerouac Alley (formerly known as Adler Street) between Grant Avenue and Columbus Avenue to vehicular traffic; adopting findings, including environmental and findings of consistency with the City's General Plan and priority policies of Planning Code Section 101.1; accepting offers of quitclaim deeds for abutters' rights vehicular access to Jack Kerouac Alley; and authorizing official acts in connection with the street closure.
Question: Shall this Resolution be ADOPTED?

27. 060900 [Accept and Expend CalHome Funds] Supervisor Maxwell
Resolution authorizing the acceptance and execution of a standard agreement amendment for CalHome funds from the California Department of Housing and Community Development and any future amendments thereto; and any related documents necessary to participate in the CalHome Program; and authorizing MOH to expend CalHome funds to assist low-income, San Francisco homeowners.
Question: Shall this Resolution be ADOPTED?

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

28. 060345 [Zoning - Jackson Square Special Use District] Supervisor Peskin
Ordinance amending the San Francisco Planning Code by amending Section 249.25 (Jackson Square Special Use District) to require that ground floor institutional use be subject to conditional use authorization and by amending Sectional Map 1SU of the Zoning Map of the City and County of San Francisco to include Lot 4, Block 195 (site of City Landmark No. 237) within the boundaries of the Jackson Square Special Use District; adopting findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, Sandoval, Daly

29. 051685 [Increasing the requirements of the Inclusionary Affordable Housing Program.] Supervisors Daly, Maxwell
Ordinance amending Planning Code Sections 315.1, 315.2, 315.3, 315.4, and 315.5, 315.6, and 315.8 related to the Inclusionary Affordable Housing Program to increase the percentage of affordable housing required for all residential developments of 10 units or more; to adjust the way low and median income is calculated from a method using Metropolitan Statistical Area calculations to City and County of San Francisco calculations; to provide, with certain exceptions, that the amendments apply to any housing project that has not received a first site or building permit by the effective date of this legislation and applies to phased projects on separate but adjacent lots; to provide for mandatory lotteries to market new inclusionary units and the maintenance of a list generated from a lottery for units that become available; to require a project sponsor that elects an alternative to providing on-site inclusionary housing to make its election at the time of project approval; to allow project sponsors to use California Debt Limit Allocation Committee (CDLAC) tax-exempt bonds to finance inclusionary units under certain circumstances; to build all off-site inclusionary units within one mile of the principal project and to offer those units as rental housing or as ownership housing affordable to households earning no more than 80% of median income; requiring the Mayor's Office of Housing to adjust the in lieu fee annually and no later than July 1 and to report the adjustment to the Board of Supervisors; requiring the Mayor's Office of Housing to evaluate its monitoring procedures and those of the San Francisco Redevelopment Agency with the goal of establishing one monitoring system for all inclusionary units in the City and County of San Francisco; requiring the Planning Department to submit a completed impact study to the Board of Supervisors and Planning Commission no later than October 1, 2006; requesting that the Planning Department and Mayor's Office of Housing conduct certain additional studies described herein; and making findings including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
(Economic Impact)

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. 060929 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 899 North Point Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated May 3, 2006 (Case No. 2006.0367E), exempting from environmental review under Categorical Exemption, State CEQA Guidelines Section 15332 and General Rule Exclusion, under CEQA Guidelines Section 15061(b)(3), the proposed project involving the subdivision of the 5,466 square foot lot at 899 North Point Street into three lots and construction of one two-unit residential building and two three-unit residential buildings, for a total of eight new residential units and 16,437 square feet of residential space. The site is currently vacant and was formerly occupied by an automobile service station. The project site is located on the southeast corner of North Point and Larkin Streets (Assessor's Block 0026 Lot 020) in the Russian Hill neighborhood. The site is located in an RH-3 (Three-Family Residential) zoning district, the Waterfront Special Use District No. 2, and a 40-X height and bulk district. The proposed project will require subdivision approval and a variance from lot size, rear yard, and gas station conversion requirements. (Appellants: Malana Moberg on behalf of Aquatic Park Neighbors and the Ghirardelli Square Neighbors.)
(Filed June 16, 2006. Companion measure to Files 060930, 060931, 060932; 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.)

31. 060930 [Affirming the categorical exemption issued for 899 North Point Street]
Motion affirming the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

32. 060931 [Disapproving the categorical exemption issued for 899 North Point Street]
Motion disapproving the determination by the Planning Department that the 899 North Point 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. 060932 [Preparation of findings related to the 899 North Point 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 899 North Point Street project is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

34. 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.

35. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting.

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation as Defendant

36. 060964 [Closed Session - Potential Litigation - Telephone Users Tax]
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 a recent ruling by the Internal Revenue Service (Notice 2006-50) that may result in litigation involving the City related to the Telephone Users Tax in San Francisco - Business and Tax Regulations Code Section 701, et seq. Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the potential litigation. (City Attorney)
7/11/2006, CONTINUED. Continued to July 25, 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 anticipated litigation listed above.

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 37 through 48

37. 061079 [Designation of a Government Representative to the Board of Directors of Lenders for Community Development] Supervisor Alioto-Pier
Resolution designating a Government Representative to the Board of Directors of Lenders for Community Development to act on behalf of the City and County of San Francisco in that capacity; and granting authority to City officials to designate replacement Government Representatives.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 061080 [Supporting the efforts of Teamsters Local 278 in negotiating a collective bargaining agreement with Whole Foods of California Incorporated] Supervisor Elsbernd
Resolution supporting the efforts of Teamsters Local 278 in negotiating a collective bargaining agreement with Whole Foods of California Incorporated.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 061081 [Accept-Expend National Oceanic and Atmospheric Administration Grant] Supervisor Ma
Resolution authorizing the Office of Emergency Services to accept and expend a Federal grant in the amount of $16,500 from the National Oceanic and Atmospheric Administration (NOAA) to begin participation in the "TsunamiReady" program.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 061083 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice] Supervisor Maxwell
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $37,500 from the van Loben Sels/RembeRock Foundation for the purpose of exploring potential alternatives to the California Youth Authority/Division of Juvenile Justice for San Francisco youth.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 061084 [Apply for State Re-Use Assistance Grant - Department of the Environment] Supervisor Mirkarimi
Resolution authorizing the Department of the Environment to apply for annual grants from the California Integrated Waste Management Board for the purpose of conducting activities leading to an increase of the re-use of materials that might otherwise go into the landfill.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 061085 [Supporting Assembly Bill 2449 - Mandating statewide recycling of checkout bags at grocery stores] Supervisor Mirkarimi
Resolution urging San Francisco's elected officials in Sacramento to support AB 2449, mandating statewide recycling of checkout bags at grocery stores, and oppose any language that would pre-empt the right of local jurisdictions to institute fees or other requirements to promote waste reduction.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 061086 [Resisting the Federal Government's Intervention in a San Francisco Investigation] Supervisors Mirkarimi, Ammiano
Resolution resisting the federal government's intervention in the City and County of San Francisco's investigation of the July 8th, 2005 G-8 protest and expressing support for the California Shield Law.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 061087 [Supporting the resource efficient building conference and expo, West Coast Green] Supervisor Mirkarimi
Resolution promoting the advancement of residential green building in San Francisco by supporting the conference and expo West Coast Green, September 28-30, 2006 at Bill Graham Civic Auditorium, and declaring the last week of September as "Green Building Week" in San Francisco.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 061088 [Collecting Data on the Number of Ellis Act Evictions Enforced by the Sheriff] Supervisors Mirkarimi, Ammiano
Resolution urging the San Francisco Sheriff's Department to collect data on the number of Ellis Act evictions it enforces by adding a checkbox on its eviction instruction form to disclose that the eviction is an Ellis Act eviction.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

46. 061089 [Enforcement of and Assistance with Ellis Act Evictions] Supervisors Mirkarimi, Ammiano
Resolution urging the San Francisco Sheriff to not enforce Ellis Act evictions and the Rent Board to not assist landlords with evicting tenants under the Ellis Act, and commending the San Francisco Sheriffs Department for establishing the only sheriff-led Eviction Assistance program in the State of California.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

47. 061090 [Pruning Standards for Public Trees in the City and County of San Francisco] Supervisor Peskin
Resolution adopting the Pruning Standards for Trees in the City and County of San Francisco that apply to all those working on public trees, including City and County of San Francisco employees, private contractors, property owners, and residents.
7/18/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

48. 061091 [Supporting Proposition 84 - The Clean Water, Parks and Coastal Protection Bond] Supervisor Peskin
Resolution expressing support for California State Proposition 84, the Clean Water, Parks and Coastal Protection Bond.
7/18/2006, 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:_________________________________________

49. 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 July 11, 2006 through July 17, 2006, for reference by President to appropriate committee on July 25, 2006.

061030 [Regulating Street Artists - Compensation of Advisory Committee]
Ordinance amending Article 24 of the San Francisco Police Code by amending Section 2402 to allow members of the Advisory Committee of Street Artists and Craftmen Examiners to be reimbursed for their reasonable travel expenses traveling to and from Committee meetings, Street Artist screenings, and other Advisory Committee activities. (Arts Commission)
7/11/2006, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 8/24/2006.

061032 [Mission Bay North Commons at Park P17 Improvements]
Ordinance designating a portion of State Trust Parcel adjacent to Park P17 for public right-of-way purposes; approving a map showing such areas and declaring such areas to be open public right-of-way; naming the new right-of-way Terry A. Francois Boulevard; designating street grades, sidewalk widths, and street parking restrictions; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public use and accepting for maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 176,148 and authorizing official acts in connection with this Ordinance.
7/13/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061033 [Mission Bay - Parks NP1 & NP2 Improvements]
Ordinance designating a portion of State Trust Parcel 1 lying next to Channel for public open space and park purposes; naming the new park "Mission Creek Park"; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public open space and park purposes and accepting for maintenance responsibilities and liability purposes; adopting findings that such actions are consistent with the City's General Plan, priority policy findings of City Planning Code section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 176,149 and authorizing official acts in connection with this Ordinance. (Public Works Department)
7/13/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS
Proposed ordinances received from July 11, 2006 through July 17, 2006, for reference by President to appropriate committee on July 25, 2006.

061028 [Unpaid DPH Delinquent Refuse Service payment liens to become special assessments to the property taxes]
Resolution confirming report of delinquent charges for refuse collection service and nuisance removal costs submitted by the Director of Public Health, as modified to the date of adoption of this resolution, and creating Special Assessments and liens based thereon. (Public Health Department)
7/7/2006, SCHEDULED FOR PUBLIC HEARING. Scheduled for August 8, 2006, at 3:00 p.m.

061029 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Charles J. Brenham Street, west side, between Market and McAllister Streets.
(7/13/06: 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; DPT Order No. 3215.)

7/14/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061031 [Approval of the Substance Abuse and Crime Prevention Act of 2000-Implementation Plan]
Resolution authorizing adoption of the San Francisco County Plan for the Substance Abuse and Crime Prevention Act of 2000 for Fiscal Year 2006-2007. (Public Health Department)
7/14/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061106 [Petitions and Communications]
Petitions and Communications received from July 11, 2006 through July 17, 2006 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on July 25, 2006.

From Office of Emergency Services and Homeland Security, submitting list of sole source contracts entered into in fiscal year 2005-06.(1)

From Clerk of the Board, submitting Form 700 Statement of Economic Interest for David Noyola, Legislative Assistant to Supervisor Peskin and Nicholas Kinsey, Legislative Assistant to Supervisor Sandoval.(2)

From Hiashi Sugaya, submitting his resignation from the Board of Appeals.(3)

From Office of the Mayor, submitting appointment of Richard Benjamin to the Taxi Commission.(4)

From Commissioner Mar, submitting support for proposed Charter amendment to change the election cycle and improve the democratic participation in local elections. File 060707, Copy: Each Supervisor(5)

From Bruce Brugmann, submitting two news articles from the SF Bay Guardian "Playing hardball in the Presidio" and "Ammiano's health care plan is fair". File 051919(6)

From Public Utilities Commission, submitting request for release of reserved funds ($645,000) for the Infrastructure Division Program. File 060972(7)

From Public Utilities Commission, submitting request for release of reserved funds ($850,000) for the Water Quality Division. File 060971(8)

From Ethics Commission, regarding regulations to implement the Campaign Finance Reform Ordinance. File 060501, Copy: Each Supervisor(9)

From Office of Economic Analysis, submitting report regarding increasing the requirements of the Inclusionary Affordable Housing Program. File 051685(10)

From Lincoln Park Neighborhood Association Inc., submitting withdrawal of appeal of determination of Categorical Exemption for Katherine Delmar Burke School Expansion Project at 229 32nd Avenue. File 060992(11)

From the Department of Public Works, regarding removal of graffiti from various locations in District 5. (Reference Numbers 20060523-006, 20060523-005, 20060523-002, 20060516-006, 20060613-002, 20060523-002, 20060509-010, 20060425-020, 20060502-010, 20060509-009, 20060425-018, 20060418-008, 20060404-008)Copy: Supervisor Mirkarimi(12)

From Department of Public Works, regarding repairing potholes at various locations in District 5. (Reference No. 20060418-006) Copy: Supervisor Mirkarimi(13)

From Department of Public Works, regarding repairing the sidewalk at Webster and Grove Streets. (Reference No. 20060627-019) Copy: Supervisor Mirkarimi(14)

From Juvenile Probation Department, regarding request to report on the current status of implementation of the JUSTIS system. (Reference No. 20060627-027) Copy: Supervisor Ma(15)

From Office of the Public Defender, regarding request to report on the current status of implementation of the JUSTIS system. (Reference No. 20060627- 023) Copy: Supervisor Ma(16)

From Office of the Sheriff, regarding request to report on the current status of implementation of the JUSTIS system. (Reference No. 20060627-024) Copy: Supervisor Ma(17)

From Health Service System, submitting list of sole source contracts entered into in fiscal year 2005-06.(18)

From Human Services Agency, regarding the feasibility of establishing a Grandparent Caregiver Pilot Program. (Reference No. 20060123-014) Copy: Supervisor Ma(19)

From Municipal Transportation Agency, proposing an increase in the general time limit of parking meters in Parking Meter Area One, which includes most of downtown San Francisco, from 30 minutes to one hour. Copy: Each Supervisor(20)

From Office of the Treasurer/Tax Collector, submitting the Cash difference and Overage Fund balance and activities reported to this office for the period ending June 30, 2006.(21)

From Office of Emergency Services and Homeland Security, regarding request to report on the current status of implementation of the JUSTIS system. (Reference No. 20060627-026) Copy: Supervisor Ma(22)

From Office of Supervisor Daly, submitting copy of letter sent to constituent listing the affordable housing opportunities in San Francisco.(23)

From concerned citizens, commenting on the proposed Health Access Program. File 051919, Copy: Each Supervisor, 4 letters(24)

From Department of Human Resources, submitting request for waiver of Administrative Code Chapters 12B and 12C for SF Convention Facilities at 745 Howard Street.(25)

From Department of Public Works, regarding energy consumption and expenditures for the Department of Public Works. (Reference No. 20060509-001) Copy: Supervisor Mirkarimi(26)

From Christian Holmer, regarding public records request.(27)

From Yehudah Younrssian, appealing decision of the Department of Public Works denial of a Minor Sidewalk Encroachment Permit for 1230 Mason Street. File 061046(28)

From T-Mobile USA, Inc., submitting notification letter for a CPUC Cell Site for Davis Realty at 5000 Geary Boulevard.(29)

From Fire Department, submitting copy of letter sent to the Housing Authority regarding replacing gate at the end of Anderson Street. Copy: Supervisor Ammiano(30)

From Office of Economic Analysis, submitting report regarding expanding the Inclusionary Affordable Housing Program to include 5 units or more. File 051668(31)

From concerned citizens, submitting support for continued funding of the Neighborhood Emergency Response Training Program (N.E.R.T.) taught by the Fire Department(32)

From State Department of Highway Patrol, submitting the hazardous materials incident report.(33)

From Abdallah Megahed, urging the Mayor and the Board of Supervisors to provide the Bill Graham Auditorium free of charge to replay the World Cup Champion game between France and Italy.(34)

From Kimo Crossman, regarding Mayor Newsom appearing before a local SF Government Transparency Oversight Body.(35)

From concerned citizens, submitting support for additional open hours on Sundays at branch libraries. File 060582, Copy: Each Supervisor, 3 letters(36)

From J. Chesler, concerning the dangers of jogging in residential areas while wearing an Ipod. Copy: Supervisor Elsbernd(37)

From Office of the Mayor, submitting the reappointment of Scott Helfond as member of the Health
Service Board, Don Casper as member of the Civil Service Commission, Morgan Gorrono as member of the Civil Service Commission, Andrea Cochran as member of the Arts Commission, Ruth Gravanas as member of the Environment Commission.(38)

From Planning Department, regarding zoning and development context in the Crestmont Drive Area. (Reference No. 20060613-001) Copy: Supervisor Elsbernd(39)

From Gordon Thrupp, concerning signatory area for appeal of Conditional Use of property located at 324 Cortland Avenue. File 060976(40)

From Office of the Assessor-Recorder, requesting a deadline extension for making changes to their 2006-07 performance measures. File 060576, Copy: Supervisor Peskin(41)

From Port of SF, submitting request for release of reserved funds (in the amount of $190, 370) for Pier 70 Historic Preservation Consulting Services. Copy: Supervisors Daly, Peskin, Ammiano(42)

From Office of the Treasurer/Tax Collector, submitting a record of the receipt and disposition of gifts given to the Office of the Treasurer/Tax Collector during the 2005-06 fiscal year.(43)

From Merrilee Morrow, submitting support for the Whole Foods/housing proposal at the corner of Haight and Stanyan Streets.(44)

From Janette Barroca, submitting picture of Mike McNaughton who stepped on a land mine in Afghanistan in 2002 jogging with President Bush in 2006.(45)

From John Malick, submitting opposition to proposed marijuana clinic in the wharf area. Copy: Supervisor Peskin(46)

From State Fish and Game Commission, submitting notice of proposed regulatory action relative to Sections 163 and 164,Title 14, California Code of Regulations, relating to Commercial Herring Regulations which will appear in the California Regulatory Notice Register on July 7, 2006.(47)

From Ahimsa Sumchai, concerning CCSF's mandate to disclose the air quality in San Francisco to the U.S. Olympic Committee.2 letters(48)

From Prosf, regarding a public records request from the Office of Homeland Security.(49)



.

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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