Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

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

AGENDA
Tuesday, August 1, 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 6

Recommendation of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Ma

1. 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)

7/25/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

2. 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)

7/25/2006, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

3. 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.

7/25/2006, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

4. 061037 [Settlement of Lawsuit - Alameda County]
Ordinance authorizing settlement of the lawsuit, County of Alameda, Alameda County Flood Control and Water Conservation District v. City and County of San Francisco, for declaratory and injunctive relief, and costs of suit including attorneys fees, filed on June 19, 2006 San Francisco County Superior Court, Case No. CPF-06-506443; material terms of said settlement are payments in the amount of $1.2 million to Alameda County Flood Control and Water Conservation District for projects in the Alameda Creek watershed. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 060990 [Appointment - Golden Gate Bridge, Highway and Transportation District]
Resolution appointing Richard Grosboll, term ending January 31, 2007, to the Board of Directors, Golden Gate Bridge, Highway and Transportation District.

Richard Grosboll, succeeding Leah Shahum, resigned, seat 3, represents public at large, subject to review and affirmation by the Board of Supervisors in January of each odd-numbered year, for the unexpired portion of a two-year term ending January 31, 2007.

Question: Shall this Resolution be ADOPTED?

6. 061062 [Appointment - Lead Hazard Reduction Citizens Advisory Committee]
Resolution appointing James Ruigomez, term ending December 22, 2009, to the Lead Hazard Reduction Citizens Advisory Committee; residency requirement waived.

James Ruigomez, succeeding Theodore Strong, term expired, seat 4, must represent the building trades, for the unexpired portion of a four-year term ending December 22, 2009.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

7. 061117 [Adopting findings related to affirming the categorical exemption issued for 899 North Point Street]
Motion adopting findings related to 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.

7/25/2006, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

Recommendations of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Sandoval

8. 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.

7/25/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

7/25/2006, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, Sandoval, Daly

9. 051685 [Increasing the requirements of the Inclusionary Affordable Housing Program.] Supervisors Daly, Maxwell, Mirkarimi, Dufty, Peskin
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)

7/25/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisors Mirkarimi, Dufty and Peskin requested to be added as a co-sponsors.

7/25/2006, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Budget and Finance Committee

Present: Supervisors Daly, Dufty, Peskin

10. 060853 [Restricting Posting of Signs on City-Owned Lamp Posts or Utility Poles] Supervisor Peskin
Ordinance amending Article 5.6 of the San Francisco Public Works Code to increase restrictions governing signs on City-owned lamp posts and utility posts located on commercial streets.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Government Audit and Oversight Committee

Present: Supervisors Ammiano, Alioto-Pier, Peskin

11. 061011 [Assessment Ballots for City Parcels - Fillmore Jazz Community Benefit Districts]
Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf of the City and County of San Francisco as the owner of parcels of real property that would be subject to assessment in the proposed property and business improvement district to be named the Fillmore Jazz District Community Benefit District.

Question: Shall this Resolution be ADOPTED?

12. 060947 [Amendment to Budget Analyst Professional Services Agreement] Supervisor Peskin
Motion amending the agreement for Professional Budget Analyst Services between the City and County of San Francisco and Stanton W. Jones and Associates; Debra A. Newman; Rodriguez, Perez, Delgado & Company Certified Public Accountants; Harvey M. Rose Accountancy Corporation Certified Public Accountants; and Louie & Wong LLP Certified Public Accountants ("A Joint Venture") to amend the composition of the Joint Venture, replacing the Harvey M. Rose Accountancy Corporation with Harvey M. Rose Associates, LLC.

Question: Shall this Motion be ADOPTED?

Recommendations of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

13. 060265 [Residential and Industrial Compatibility and Protection] Supervisor Maxwell
Ordinance amending the Administrative Code to add Chapter 35 to provide that certain industrial uses shall not be considered a nuisance due to changed circumstances on adjacent property, with certain exceptions; to require notice regarding adjacent industrial uses to be provided prior to the transfer of real property for residential uses; to provide for civil penalties; to provide for a private right of action; and making environmental findings.

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 060926 [Landmark Designation of the Doggie Diner sign, located in the median strip of Sloat Boulevard and 45th Avenue] Supervisor Elsbernd
Ordinance Designating the Doggie Diner sign, located in the median strip of Sloat Boulevard and 45th Avenue, as a Landmark under Planning Code Article 10; and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Department)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

15. 061061 [Appointment - Entertainment Commission]
Motion appointing Terrance Alan, term ending July 1, 2010, to the Entertainment Commission.

1 seat being considered
Terrance Alan, succeeding himself, term expired, seat 2, shall represent the interests of entertainment associations or groups, for a four-year term ending July 1, 2010.

Question: Shall this Motion be ADOPTED?

16. 061048 [Appointments, Taxi Commission]
Motion approving the Mayor's appointments of Tom Oneto and Malcolm Heinicke, terms ending March 2, 2007, and Min Paek, term ending March 2, 2008, to the Taxi Commission. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2.

17. 060980 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 229 32nd Avenue, Katherine Delmar Burke School (aka 7070 California Street)]
Hearing of persons interested in or objecting to the decision of the Planning Department dated October 31, 2005 (Case No. 2005.0275E), exempting from environmental review under Categorical Exemption Class 14, [State Guidelines Section 15314] and Class 32, [State Guidelines, Section 15332 (a) through (e)], the Katherine Delmar Burke School Addition, located at 229-32nd Avenue (aka 7070 California), Block 1392, Lot 037. The proposed project entails construction of a two-story, 26.5-foot tall arts and science building containing six classrooms, and removal of a paved tennis court presently occupying the site. The new 9,569 sq.ft. infill academic building would add 16 percent capacity in the 3.32-acre campus' existing 60,407 sq.ft. of built space. The project site, within the Katherine Delmar Burke School Campus, is set back from El Camino del Mar to the north and also bounded by Lincoln Park to the west and 32nd Avenue to the east. Located in the Sea Cliff neighborhood, the project site is within the RH-1 (D) Residential, House, One-Family (Detached Dwellings) District and a 40-X Height and Bulk District. The Project would require Conditional Use authorization for modification to an existing Planned Unit Development (PUD) and authorization for expansion of an educational use. (Appellant: James Argo, President, Lincoln Park Neighborhood Association, Inc.)

(Filed June 20, 2006; companion measure to Files 060981, 060982, 060983, District 1.)

Action:___________________________

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

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

18. 060981 [Affirming the categorical exemption issued for the 229 32nd Avenue (aka 7070 California Street) project]
Motion affirming the determination by the Planning Department that the 229 32nd Avenue (aka 7070 California Street) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

19. 060982 [Disapproving the categorical exemption issued for the 229 32nd Avenue (aka 7070 California Street) project]
Motion disapproving the determination by the Planning Department that the 229 32nd Avenue (aka 7070 California Street) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

20. 060983 [Preparation of findings related to the 229 32nd Avenue (aka 7070 California 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 229 32nd Avenue (aka 7070 California Street) project is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:00 P.M.

21. 060966 [Public Hearing - Appeal of Final Environmental Impact Report for Wharf J-10 Project]
Hearing of persons interested in or objecting to the Planning Commission's June 22, 2006, certification of a Final Environmental Impact Report identified as Planning File No. 2001.0636E, through its Motion No. 17274, for a proposed Wharf J-10 demolition and improvements at 2936 Hyde Street in the Fisherman's Wharf area of San Francisco's Northeastern Waterfront. (Appellant: David P. Cincotta, on behalf of F. Alioto Fish Co.)

(Filed July 6, 2006; companion measure to Files 060967, 060968, 060969, District 2.)

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.)

22. 060967 [Affirming certification of Wharf J-10 FEIR]
Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the Wharf J-10 Project.

Question: Shall this Motion be ADOPTED?

23. 060968 [Disapproving certification of Wharf J-10 FEIR]
Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the Wharf J-10 Project.

Question: Shall this Motion be ADOPTED?

24. 060969 [Preparation of findings to disapprove certification of Wharf J-10 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 Wharf J-10 FEIR.

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

25. 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.

26. 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 - Existing Litigation

27. 060939 [Closed Session - Existing Litigation - SF Bicycle Plan Policy]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following lawsuit entitled Coalition for Adequate Review, Ninety-nine Percent and Rob Anderson v. City and County of San Francisco, San Francisco Superior Court Case No. 505-509, Filed on July 28, 2005, involving a challenge to the City's June 7, 2005 adoption of the 2005 San Francisco Bike Plan Policy Framework. Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session because discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuit. (City Attorney)

Question: Shall this Motion be ADOPTED?

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

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.

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 28 through 35

28. 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.

7/25/2006, CONTINUED. Continued to August 1, 2006

Question: Shall this Resolution be ADOPTED?

29. 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.

7/25/2006, CONTINUED. Continued to August 1, 2006

Question: Shall this Resolution be ADOPTED?

30. 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.

7/25/2006, CONTINUED. Continued to August 1, 2006

Question: Shall this Resolution be ADOPTED?

31. 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.

7/25/2006, CONTINUED. Continued to August 1, 2006

Question: Shall this Resolution be ADOPTED?

32. 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.

7/25/2006, CONTINUED. Continued to August 1, 2006

Question: Shall this Resolution be ADOPTED?

33. 061118 [Authorizing preparation of Proponent/Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 7, 2006 Election]
Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for Charter Amendments and other Measures approved by the Board of Supervisors for submittal to the voters at the November 7, 2006 Election.

7/25/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

34. 061119 [Authority to Expend State Funding-CalHome Grant of $750,000] Supervisor Elsbernd
Resolution authorizing the Mayor of the City and County of San Francisco to expend $750,000 in grants from the California Department of Housing and Community Development under the CalHome Mortgage Assistance Program as authorized by and pursuant to Chapter 6 of Part 2 of Division 31 of the Health and Safety Code, commencing with Section 50650 and implementing regulations to assist low income first time homebuyers with deferred loans to purchase single family residences in the City.

7/25/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 061121 [Single Room Occupancy (SRO) Task Force] Supervisor Ammiano
Resolution amending the Single Room Occupancy (SRO) Health, Stabilization and Safety Task Force to rename it the Single Room Occupancy (SRO) Task Force, to redefine its mission and duties, to dissolve the current SRO Task Force and to restructure it as the SRO Task Force to reflect the conditions faced in 2006 by SRO tenants, operators and owners, reducing its membership to thirteen: eight appointed by the Board of Supervisors; four appointed by designated Department Heads; and one chair appointed by the Director of Health.

7/25/2006, 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:_________________________________________

36. 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 18, 2006 to July 24, 2006, for reference by President to appropriate committee on August 1, 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 Land Use and Economic Development 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 Land Use and Economic Development Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from July 18, 2006 to July 24, 2006, for reference by President to appropriate committee on August 1, 2006.

061035 [Approval of the HIV Prevention Projects Grant application]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to submit an interim progress report (IPR) in order to continue to receive funding for the HIV Prevention Projects grant from the Centers of Disease Control and Prevention (CDC). This amount of this annual recurring grant for the next grant year (January 1, 2007 to December 31, 2007) is expected to be approximately $9 million. The due date of the IPR is September 15, 2006. (Public Health Department)

7/19/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061067 [Extension of Agreement with PRWT Services, Inc.]
Resolution authorizing a two-year extension of the agreement between PRWT Services, Inc. and the City and County of San Francisco. (Municipal Transportation Agency)

7/20/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061093 [Unpaid Department of Public Health complaint reinspection fee liens to become special assessments to the property taxes]
Resolution confirming the report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Public Health Department)

7/19/2006, SCHEDULED FOR PUBLIC HEARING. Scheduled for August 8, 2006, at 3:00 p.m.

061095 [Special Assessment of Liens for Assessment Costs]
Resolution confirming report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of costs, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18, 102.19 et Seq., 103.3.3 Section 108, Section 110 - Tables 1-K and 1-G, and Sections 3407.7.1.3, 3407.7.1.4, 3407.7.1.5, and 3407.7.1.6 et seq., of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for Services rendered by said Department of Costs thereof having accrued pursuant to Code Violations referenced above. (Building Inspection Department)

7/20/2006, SCHEDULED FOR PUBLIC HEARING. Scheduled for August 8, 2006, at 3:00 p.m.

061103 [Recurring FY 2006-2007 State grant funds to the Department of Public Health from the California Department of Health Services]
Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health (SFDPH) for FY 2006-2007. (Public Health Department)

7/21/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061104 [Approval of the Ryan White Comprehensive AIDS Resources Emergency Act grant application]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to submit an application to the Health Resources Services Administration (HRSA) in order to continue to receive funding for the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act grant (Care Title I). The amount of this annual recurring grant for the next grant year (March 1, 2007 to February 28, 2008) is expected to be approximately $28 million. The projected due date of the application is September 28, 2006. (Public Health Department)

7/21/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061143 [Petitions and Communications]
Petitions and Communications received from July 18, 2006 through July 24, 2006 for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on August 1, 2006.

From Arts Commission, submitting list of sole source contracts entered into in fiscal year 2005-06.(1)

From Asian Art Museum, submitting list of sole source contracts entered into in fiscal year 2005-06.(2)

From Office of the City Attorney, submitting list of sole source contracts entered into in fiscal year 2005-06.(3)

From Office of the Controller, submitting list of sole source contracts entered into in fiscal year 2005-06.(4)

From Planning Department, submitting list of sole source contracts entered into in fiscal year 2005-06.(5)

From Ethics Commission, submitting list of sole source contracts entered into in fiscal year 2005-06.(6)

From Port, submitting list of sole source contracts entered into in fiscal year 2005-06.(7)

From Office of the Public Defender, submitting list of sole source contracts entered into in fiscal year 2005-06.(8)

From War Memorial and Performing Arts Center, submitting list of sole source contracts entered into in fiscal year 2005-06.(9)

From Office of the Mayor, submitting appointment of Linda Richardson to the Human Rights Commission.(10)

From West of Twin Peaks Central Council, urging the Director of Public Health to immediately remove all "inappropriate patients" from Laguna Honda Hospital and allow admissions only to those that are frail, elderly or with AIDS, and only to those that are San Francisco residents. Copy: Supervisor Elsbernd(11)

From Office of the Controller, submitting report concerning the Statement of Cash and Investments of the Office of the Treasurer and Tax Collector as of December 31, 2005.(12)

From Municipal Transportation Agency, submitting request for waiver of Administrative Code Chapters 12B and 12C for Penn Machine Company.(13)

From Public Utilities Commission, submitting an update on the testing efforts of the inferior concrete that was used on the Summit Reservoir and other projects.(14)

From Office of Economic Analysis, submitting amendments to the addendum of the Economic Impact Report on increasing the requirements of the Inclusionary Affordable Housing Program. File 051685, Copy: Land Use Committee members(15)

From Access SF, responding to letter received by constituent regarding various issues at Access SF.(16)

From Employees Retirement System, submitting list of sole source contracts entered into in fiscal year 2005-06.(17)

From Gordon & Margaret Thrupp, regarding the signatory area percentages for the Conditional Use appeal project at 324 Cortland Avenue. File 060976(18)

From San Francisco Superior Court, regarding request for a written report on expenditures related to the JUSTIS system. (Reference No. 20060627-021) Copy: Supervisor Ma(19)

From Department of Telecommunications and Information Services, regarding request for a written report on expenditures related to the JUSTIS system. (Reference No. 20060627-029) Copy: Supervisor Ma(20)

From Reuben and Junius, LLP, regarding sign relocation at 899 Ellis Street.(21)

From Library Users Association, submitting support for the Budget Committee's recommendation to set aside $480,000 so that more branch libraries can be open on Sundays. File 060582, Copy: Each Supervisor(22)

From Clerk of the Board, submitting Form 700 Statement of Economic Interests for William Barnes, Legislative Assistant to Supervisor Ma.(23)

From Department of Public Works, submitting report of the results of the 2006 Condominium Lottery. Copy: Each Supervisor(24)

From Telegraph Hill Dwellers, appealing determination of exemption/exclusion from environmental review issued for 368/370 Lombard Street/20-24A Julius Street Subdivision.(25)

From Department of Public Health, submitting one complete set and twelve executive summaries of the 2006 Title XV evaluation report for each of the San Francisco detention facilities. Copy: Each Supervisor(26)

From Department of Public Works, regarding status of repairing the graffiti on the signage and buildings at the Department of Motor Vehicles located at Oak and Baker. (Reference No. 20060606-005) Copy: Supervisor Mirkarimi(27)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 200606-001) Copy: Supervisor Mirkarimi(28)

From T-Mobile USA, Inc., submitting notification letter for a CPUC Cell Site for Positively Haight at 1400 Haight Street.(29)

From Patrick Flanagan, commenting that the "Youth with a Mission" (YWAM) organization is very destructive and damaging to homeless people, "it's a hardcore Protestant fundamentalist organization with a strong anti-Catholic and anti-Gay slant" and should not be allowed to use city parks for their activities. Copy: Recreation and Parks Department(30)

From Kyle Palma, regarding smoking regulations at Bingo games. Copy: Supervisor Ma(31)

From Ahimsa Sumchai, submitting letter entitled "significant environmental impact of Candlestick Point Activity Node EIR". Copy: Land Use Committee members(32)

From Heather Holbrooks, thanking the Board for approving the Health Access legislation. File 051919, Copy: Each Supervisor(33)

From San Francisco Tomorrow, submitting support for proposed legislation entitled "food service waste reduction". File 060844, Copy: Each Supervisor(34)

From Tom Boucher, commenting that the more San Francisco raises taxes on SF businesses the move they will continue to evacuate San Francisco for other areas like Livermore.(35)

From Ahimsa Sumchai, regarding a diesel fuel spill that occurred next to Building 813 located at Spear Avenue at the Hunters Point Shipyard.(36)

From Christian Holmer, regarding outstanding public records request from Mayor Newsom.(37)

From Department of Telecommunications and Information Services, submitting list of sole source contracts entered into in fiscal year 2005-06.(38)

From Clerk of the Board, submitting list of City departments and agencies that have submitted their conflict-of-interest code notice: District Attorney's Office, Police Department, Board of Appeals, Treasurer and Tax Collector's Office.(39)

From Annie Bovone, submitting support for continued funding of the Neighborhood Emergency Response Training Program (N.E.R.T.) taught by the Fire Department.(40)

From Christian Holmer, regarding a public records request from the Recreation and Parks Department. (41)

From Office of the Controller, submitting report concerning the reviews of department head transitions at seven city departments.(42)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060425-019) Copy: Supervisor Mirkarimi(43)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060509-011) Copy: Supervisor Mirkarimi(44)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 2006 0509-012) Copy: Supervisor Mirkarimi(45)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060516-006) Copy: Supervisor Mirkarimi(46)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060523-005) Copy: Supervisor Mirkarimi(47)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060711-005) Copy: Supervisor Mirkarimi(48)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060620-002) Copy: Supervisor Mirkarimi(49)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060627-016) Copy: Supervisor Mirkarimi(50)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060627-017) Copy: Supervisor Mirkarimi(51)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060711-008) Copy: Supervisor Mirkarimi(52)

From Department of Public Works, regarding status of removing graffiti at various locations in District 5. (Reference No. 20060711-012) Copy: Supervisor Mirkarimi(53)

From Clerk of the Board, submitting copy of letter sent to constituent regarding request for legislation.(54)

From Clerk of the Board, submitting Form 700 Statement of Economic Interests for Soleil Teubner, Legislative Assistant to Supervisor Michela Alioto-Pier(55)

From concerned citizens, submitting comments against the recently passed resolution urging Cardinal Levada to withdraw his directive to Catholic Charities forbidding the placement of children in need of adoption with same-sex couples. File 060356, 5 letters(56)

From SF Unified School District, submitting response to the Grand Jury Report on Emergency/Disaster Medical Preparedness that was released on May 26, 2006. Copy: Deputy Clerk(57)

From Department of Public Health, submitting AIDS cases reported through June 2006.(58)

From State Water Resources Control Board, submitting notice of a public scoping meeting to provide information concerning the range of actions, policy alternatives and significant effects of the North Coast Instream Flow Policy that should be analyzed in the substitute environmental document.(59)

From Evelyn Pope, submitting support for the Whole Foods grocer/housing proposal at he corner of Haight and Stanyan Streets.(60)

From Marianne Hesse, submitting opposition to the Haight Ashbury Youth Outreach Team (HAYOT) moving into the recently vacated Hamilton Methodist Church Site. Copy: Supervisor Mirkarimi(61)

From Ahimsa Sumchai, commenting on the "realities of disaster emergency medical preparedness in San Francisco".(62)

From Ahimsa Sumchai, submitting an open letter to the U.S. Olympic Committee regarding environmental human safety considerations.(63)

From David Rosenthal, urging the Board of Supervisors to pass legislation that would ban "fire pits" (outdoor portable fireplaces) or at least stipulate they could be used only at certain times and/or places.(64)

From Richard Skaff, submitting copy of letter sent to the Department of Building Inspection regarding inadequate accessible parking spaces atserving the Stonestown Shopping Center site.(65)

From Recreation and Parks Department, submitting list of sole source contracts entered into in fiscal year 2005-06.(66)

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Meeting Minutes for June 27, 2006.

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendation of the City Operations and Neighborhood Services Committee






		Present: Supervisors McGoldrick, Ma

1.	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)


		7/25/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

2.	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)


		7/25/2006, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	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.


		7/25/2006, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	061037	[Settlement of Lawsuit - Alameda County]
		Ordinance authorizing settlement of the lawsuit, County of Alameda, Alameda County Flood Control and Water Conservation District v. City and County of San Francisco, for declaratory and injunctive relief, and costs of suit including attorneys fees, filed on June 19, 2006 San Francisco County Superior Court, Case No. CPF-06-506443; material terms of said settlement are payments in the amount of $1.2 million to Alameda County Flood Control and Water Conservation District for projects in the Alameda Creek watershed. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

5.	060990	[Appointment - Golden Gate Bridge, Highway and Transportation District]
		Resolution appointing Richard Grosboll, term ending January 31, 2007, to the Board of Directors, Golden Gate Bridge, Highway and Transportation District.

		Richard Grosboll, succeeding Leah Shahum, resigned, seat 3, represents public at large, subject to review and affirmation by the Board of Supervisors in January of each odd-numbered year, for the unexpired portion of a two-year term ending January 31, 2007.

		Question: Shall this Resolution be ADOPTED?

6.	061062	[Appointment - Lead Hazard Reduction Citizens Advisory Committee]
		Resolution appointing James Ruigomez, term ending December 22, 2009, to the Lead Hazard Reduction Citizens Advisory Committee; residency requirement waived.

		James Ruigomez, succeeding Theodore Strong, term expired, seat 4, must represent the building trades, for the unexpired portion of a four-year term ending December 22, 2009.

		Question: Shall this Resolution be ADOPTED?






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

7.	061117	[Adopting findings related to affirming the categorical exemption issued for 899 North Point Street]
		Motion adopting findings related to 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.


		7/25/2006, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

	Recommendations of the Land Use and Economic Development Committee






		Present: Supervisors Maxwell, Sandoval

8.	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.


		7/25/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		7/25/2006, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	051685	[Increasing the requirements of the Inclusionary Affordable Housing Program.]	Supervisors Daly, Maxwell, Mirkarimi, Dufty, Peskin
		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)
		7/25/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisors Mirkarimi, Dufty and Peskin requested to be added as a co-sponsors.

		7/25/2006, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Budget and Finance Committee






		Present: Supervisors Daly, Dufty, Peskin

10.	060853	[Restricting Posting of Signs on City-Owned Lamp Posts or Utility Poles]	Supervisor Peskin
		Ordinance amending Article 5.6 of the San Francisco Public Works Code to increase restrictions governing signs on City-owned lamp posts and utility posts located on commercial streets.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendations of the Government Audit and Oversight Committee




		Present: Supervisors Ammiano, Alioto-Pier, Peskin

11.	061011	[Assessment Ballots for City Parcels - Fillmore Jazz Community Benefit Districts]
		Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf of the City and County of San Francisco as the owner of parcels of real property that would be subject to assessment in the proposed property and business improvement district to be named the Fillmore Jazz District Community Benefit District.



		Question: Shall this Resolution be ADOPTED?

12.	060947	[Amendment to Budget Analyst Professional Services Agreement]	Supervisor Peskin
		Motion amending the agreement for Professional Budget Analyst Services between the City and County of San Francisco and Stanton W. Jones and Associates; Debra A. Newman; Rodriguez, Perez, Delgado & Company Certified Public Accountants; Harvey M. Rose Accountancy Corporation Certified Public Accountants; and Louie & Wong LLP Certified Public Accountants ("A Joint Venture") to amend the composition of the Joint Venture, replacing the Harvey M. Rose Accountancy Corporation with Harvey M. Rose Associates, LLC.



		Question: Shall this Motion be ADOPTED?

	Recommendations of the Land Use and Economic Development Committee




		Present: Supervisors Maxwell, Sandoval, McGoldrick

13.	060265	[Residential and Industrial Compatibility and Protection]	Supervisor Maxwell
		Ordinance amending the Administrative Code to add Chapter 35 to provide that certain industrial uses shall not be considered a nuisance due to changed circumstances on adjacent property, with certain exceptions; to require notice regarding adjacent industrial uses to be provided prior to the transfer of real property for residential uses; to provide for civil penalties; to provide for a private right of action; and making environmental findings.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

14.	060926	[Landmark Designation of the Doggie Diner sign, located in the median strip of Sloat Boulevard and 45th Avenue]	Supervisor Elsbernd
		Ordinance Designating the Doggie Diner sign, located in the median strip of Sloat Boulevard and 45th Avenue, as a Landmark under Planning Code Article 10; and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Department)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

15.	061061	[Appointment - Entertainment Commission]
		Motion appointing Terrance Alan, term ending July 1, 2010, to the Entertainment Commission.

		1 seat being considered Terrance Alan, succeeding himself, term expired, seat 2, shall represent the interests of entertainment associations or groups, for a four-year term ending July 1, 2010.

		Question: Shall this Motion be ADOPTED?

16.	061048	[Appointments, Taxi Commission]
		Motion approving the Mayor's appointments of Tom Oneto and Malcolm Heinicke, terms ending March 2, 2007, and Min Paek, term ending March 2, 2008, to the Taxi Commission. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

	SPECIAL ORDER 4:00 P.M.




		APPEAL PROCEDURES Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2.

17.	060980	[Public Hearing - Appeal of Determination of Exemption from Environmental Review for 229 32nd Avenue, Katherine Delmar Burke School (aka 7070 California Street)]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated October 31, 2005 (Case No. 2005.0275E), exempting from environmental review under Categorical Exemption Class 14, [State Guidelines Section 15314] and Class 32, [State Guidelines, Section 15332 (a) through (e)], the Katherine Delmar Burke School Addition, located at 229-32nd Avenue (aka 7070 California), Block 1392, Lot 037. The proposed project entails construction of a two-story, 26.5-foot tall arts and science building containing six classrooms, and removal of a paved tennis court presently occupying the site. The new 9,569 sq.ft. infill academic building would add 16 percent capacity in the 3.32-acre campus' existing 60,407 sq.ft. of built space. The project site, within the Katherine Delmar Burke School Campus, is set back from El Camino del Mar to the north and also bounded by Lincoln Park to the west and 32nd Avenue to the east. Located in the Sea Cliff neighborhood, the project site is within the RH-1 (D) Residential, House, One-Family (Detached Dwellings) District and a 40-X Height and Bulk District. The Project would require Conditional Use authorization for modification to an existing Planned Unit Development (PUD) and authorization for expansion of an educational use. (Appellant: James Argo, President, Lincoln Park Neighborhood Association, Inc.)

		(Filed June 20, 2006; companion measure to Files 060981, 060982, 060983, District 1.)

		Action:___________________________




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

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