Return to 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, October 31, 2006
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 6

Recommendation of the Budget and Finance Committee

Present: Supervisors Daly, Dufty, Peskin

1. 061275 [Appropriating $2,258,089 of General Fund Reserve for Violence Prevention in the Police Department, Adult Probation and Juvenile Probation for Fiscal Year 2006-2007.] Mayor
Ordinance appropriating $2,258,089 of General Fund Reserve for violence prevention programs, including $1,880,548 in the Police Department for additional salaries and overtime, $268,018 in the Adult Probation Department for salaries, overtime and equipment, $49,523 in the Juvenile Probation Department for increased overtime, and $60,000 in the Sheriff's Department for overtime for Fiscal Year 2006-2007; and authorizing retroactive payment of Police and Sheriff overtime. All funds appropriated below are placed on reserve pending review of actual expenditures and expenditure projections in the departments.

10/24/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

2. 061359 [Settlement of Lawsuit - CCSF v. William D. Spencer, F. W. Spencer & Son, Inc., et. al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against William D. Spencer, F.W. Spencer & Son, Inc., Brisbane Mechanical Company, Bruce Bonar, Lou Thomas, William McGahan (together, the "Spencer Parties"), A. Answer, Inc. and Troy's Contracting, Inc. on January 16, 2004 in San Francisco Superior Court, Case No. CGC -04-429249, entitled, City and County of San Francisco et. al. v. F. W. Spencer & Son, Inc. et. al., with (a) the Spencer Parties paying $2,000,000 by January 24, 2007, and dismissing its actions and cross-actions against the City and others and the Spencer Parties releasing all claims on the Moscone Center Expansion Project and The San Francisco Jail Replacement No. 3 Project ; and (b) A. Answer, Inc. and Troy's Contracting, Inc. paying $124,000 within 60 days of final approval of this settlement. The Spencer Parties' action was brought against San Francisco, City Attorney Dennis Herrera and others, and was coordinated as part of the California Judicial Council Coordination Proceeding No. 4379. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

3. 061405 [Appointment - Veterans Affairs Commission]
Resolution appointing Michael Thompson, term ending January 31, 2009, to the Veterans Affairs Commission.

Michael Thompson, succeeding himself, term expired, seat 2, must be an at-large appointment, for the unexpired portion of a four-year term ending January 31, 2009.

Question: Shall this Resolution be ADOPTED?

4. 061406 [Appointment - Asthma Task Force]
Resolution appointing Tiffany Sutter, term ending June 30, 2007, to the Asthma Task Force, residency requirement waived.

Tiffany Sutter, succeeding Micah McLorin, resigned, seat 13, must be a representative of lung health/asthma-specific organizations and is a voting member, for the unexpired portion of a two-year term ending June 30, 2007.

Question: Shall this Resolution be ADOPTED?

5. 061407 [Appointment - Local Homeless Coordinating Board]
Resolution appointing Ginger Martin, term ending October 21, 2010, to the Local Homeless Coordinating Board.

Ginger Martin, succeeding Rev. Harry Chuck, resigned, seat 4, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for the unexpired portion of a five-year term ending October 21, 2010.

Question: Shall this Resolution be ADOPTED?

6. 061410 [Appointment - Pedestrian Safety Advisory Committee]
Resolution appointing Howard Strassner, term ending March 28, 2008, to the Pedestrian Safety Advisory Committee.

Howard Strassner, succeeding himself, term expired, seat 7, must be a representative from transit or environmental organization, for the unexpired portion of a two-year term ending March 28, 2008.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

7. 061344 [Confirmation of Mayor's Appointment - Treasure Island Development Authority] Mayor
Resolution confirming the appointment of Owen Stephens to the Treasure Island Development Authority Board of Directors, term ending April 28, 2010.

10/17/2006, CONTINUED. Continued to October 31, 2006

Question: Shall this Resolution be ADOPTED?

8. 061345 [Confirmation of Mayor's Reappointment - Treasure Island Development Authority] Mayor
Resolution confirming the reappointment of Claudine Cheng to the Treasure Island Development Authority Board of Directors, term ending April 28, 2010.

10/17/2006, CONTINUED. Continued to October 31, 2006

Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee

Present: Supervisors Daly, Dufty, Peskin

9. 061373 [Appropriating $10,675,589 of State and Federal revenues for various programs in the Department of Human Services for Fiscal Year 2006-2007] Mayor, Supervisor Dufty
Ordinance authorizing the Department of Human Services to accept and expend a Federal food stamps grant in the amount of $999,993, and appropriating $10,675,589 of State and Federal revenues for CalWORKS Work Participation Program, the Family and Children's Services Child Welfare Services Program, the Food Stamps Outreach Program, the Housing and Homeless Management Information System Program, and the Workforce Development's Food Stamps Employment and Training Program in the Department of Human Services for Fiscal Year 2006-2007.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 061374 [Public Employment - Human Services Agency] Mayor
Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 35.8 new positions at the Human Services Agency.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 061391 [Contract With Anticipated Expenditure in Excess of $10 Million]
Resolution approving the Fourth Amendment to the Agreement between the City and County of San Francisco (Purchaser) and Sunset Scavenger Company (Contractor) for hauling services, resulting in total compensation to the Contractor in an amount not to exceed $10,480,000, pursuant to San Francisco Charter Section 9.118(b). (Purchaser)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Sandoval, Peskin

12. 061210 [Allowing advertising on E-Line and Third Street Light Rail Line boarding platforms] Supervisor Maxwell
Ordinance amending Article 6 of the San Francisco Planning Code by amending Section 603 thereof, to permit transit shelter advertising on public transit boarding platforms in connection with the E-Line and Third Street Light Rail Line projects; and adopting findings pursuant to City Planning Code Section 101.1.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

13. 061167 [Authorizing the City to contribute to the payment of funeral costs of City employees who have died in the line of duty] Supervisors Peskin, Mirkarimi, Ammiano
Ordinance amending the San Francisco Administrative Code by adding Section 16.7, to authorize the City to contribute to the payment of funeral costs of City employees who have died in the line of duty, including payments retroactive to July 1, 2006.

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 061245 [Appointment - Graffiti Advisory Board]
Resolution appointing Don Bechler, for an indefinite term, to the Graffiti Advisory Board.

Don Bechler, succeeding Machaela Hoctor, resigned, seat 10, must be an at-large member knowledgeable in graffiti issues, for an indefinite term.
Supervisor Elsbernd dissented in committee.

Question: Shall this Resolution be ADOPTED?

15. 061409 [Appointment - Association of Bay Area Governments Executive Board]
Resolution appointing Supervisor Chris Daly, term ending June 30, 2007, to the Association of Bay Area Governments Executive Board.

Supervisor Chris Daly, succeeding Supervisor Fiona Ma, resigned, seat 1, must be a member of the Board of Supervisors, for the unexpired portion of a two-year term ending June 30, 2007.

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

16. 061392 [Hearing - Central Market Community Benefit District]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Central Market Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for seven years, commencing with fiscal year 2006-2007, subject to conditions as specified, and making environmental findings. (Clerk of the Board)

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

17. 061393 [Resolution to establish the Central Market Community Benefit District] Supervisor Daly
Resolution establishing a property-based business improvement district to be known as the "Central Market Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for seven years, commencing with fiscal year 2006-2007, subject to conditions as specified, and making environmental findings.

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

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

1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order
of those closest to deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by
the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning
at 4pm.
5. Appeals involving participants who have ADA considerations may be set for specific times
beginning at 4pm.

18. 061327 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 2564 Sutter Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated June 29, 2006 (Case No. 2005.0486E), exempting from environmental review under Categorical Exemption, [State CEQA Guidelines, Section 15301 (Class 1)], the proposed project at 2564 Sutter Street. The proposal would alter and add to an existing 29-foot tall, one-and-a-half-story over basement single-family residence to create an approximately 40-foot tall, four-story over basement, three-unit residential building. The proposed project includes 1) raising the structure to create a basement parking garage; 2) a 2-story, stepped-back, vertical addition that would increase the height to approximately 40-feet; 3) a 3-level horizontal (to the rear) addition that would extend the existing building to within approximately 34 feet of the rear property line; and 4) interior renovations of the existing building and alterations of the facade. A new garage, stairway and front door entry, as well as the alteration/enlargement of the basement level and related windows would be visible at the front facade. The project site is within the RH-3 (Residential, House, Three-Family) zoning district and within a 40-X height and bulk district. (Appellant: Stephen M. Williams)

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.)

19. 061328 [Affirming the categorical exemption issued for the 2564 Sutter Street project]
Motion affirming the determination by the Planning Department that the 2564 Sutter Street project is categorically exempt from environmental review under the California Environmental Quality Act.

Question: Shall this Motion be APPROVED?

20. 061329 [Disapproving the categorical exemption issued for the 2564 Sutter Street project]
Motion disapproving the determination by the Planning Department that the 2564 Sutter Street project is categorically exempt from environmental review under the California Environmental Quality Act.

Question: Shall this Motion be APPROVED?

21. 061330 [Preparation of findings related to the 2564 Sutter Street project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 2564 Sutter Street is exempt from environmental review under the California Environmental Quality Act.

Question: Shall this Motion be APPROVED?

COMMITTEE REPORTS

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

The following item will be considered by the Rules Committee at a Regular Meeting on Thursday, October 26, 2006 at 10:00 a.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, October 31, 2006.

22. 060396 [Slavery Era Disclosure] Supervisors Maxwell, Mirkarimi
Ordinance amending the San Francisco Administrative Code by adding Chapter 12W, Sections 12W.1 through 12W.7, to require contractors providing insurance and insurance services, financial services, or textiles to the City to disclose any participation in the slave trade, and creating an account, to which contractors subject to this ordinance, and others, may make voluntary contributions, and requiring that monies donated to this account be used to fund economic development and educational initiatives designed to ameliorate the effects of slavery upon the residents of San Francisco.

Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 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.

24. 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.

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 25 through 30

25. 061471 [Accept-Expend State Grant - Life and Annuity Consumer Protection Program] Supervisor Elsbernd
Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $50,000 through the California Department of Insurance for a program entitled "Life and Annuity Consumer Protection" for fiscal year July 2006 through June 2007.

10/24/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

26. 061472 [Recognizing the Vietnamese Heritage and Freedom Flag] Supervisor Ma
Resolution recognizing the Vietnamese Heritage and Freedom Flag as the symbol of the Vietnamese American community.

10/24/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 061473 [Accept and Expend State grants - Department of Public Health] Supervisor Maxwell
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to retroactively accept and expend a five new grants totaling $11,122.63, four from the California Department of Food and Agriculture (CDFA) and one from the California Department of Pesticide Regulation (CDPR); for the period of July 1, 2006 through June 30, 2007.

10/24/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 061474 [Biordi Art Imports Day] Supervisor Peskin
Resolution commending Gianfranco Savio for his invaluable contributions and declaring November 15, 2006 Biordi Art Imports Day in San Francisco.

10/24/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 061481 [Final Map 4018 - 2889 24th Street]
Motion approving Final Map 4018, a 10 Unit Mixed - Use Condominium Project, located at 2889 24th Street being a subdivision of Lot 36 in Assessors Block No. 4268 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)

10/20/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be APPROVED?

30. 061482 [Final Map - 600 Portola Drive]
Motion approving Final Map 2274, a 18 Unit Mixed-Use Condominium Project, located at 600 Portola Drive Street being a subdivision of Lot 1 in Assessors Block No. 2892 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)

10/20/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be APPROVED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

31. 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 October 17, 2006 through October 23, 2006, for reference by President to appropriate committee on October 31, 2006.

061451 [Settlement of Lawsuit - People v. California Pacific Medical Group]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco on behalf of the People of the State of California, against California Pacific Medical Group, Inc., dba Brown and Toland Medical Group, on April 10, 2006 in San Francisco Superior Court, Case No. CGC-06451051, entitled The People of the State of California, et al. v. California Pacific Medical Group, Inc., dba Brown and Toland Medical Group. (City Attorney)

10/19/2006, RECEIVED AND ASSIGNED to Rules Committee.

061452 [Settlement of Lawsuit - CCSF, et. al. v. Landavazo Brothers, Inc., et. al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco as a qui tam plaintiff and party against (a) Landavazo Bros., Inc. and its owners and (b) George, Theodore, Derrick and John Landavazo (together, the "Landavazos") on June 14, 2001, in United States District Court For the Northern District of California, Case No. C-01-2315 MHP, entitled, City and County of San Francisco et. al. v. Landavazo Brothers, Inc., et. al., with the Landavazos paying: (a) $100,000 within 10 days of the final approval of the settlement ; (b) making sixty-five (65) monthly payments of $7,500, beginning January 5, 2007; and (c) the City paying to the San Francisco Bay Area Rapid Transit District (BART") therefrom $50,000, with $25,000 to come from the initial payment and the balance to be paid at $2,500 from the next ten (10) payments. The Landavazos are also to forego bidding on, or performing any work on San Francisco or BART projects through December 31, 2008. (City Attorney)

10/20/2006, RECEIVED AND ASSIGNED to Rules Committee.

061480 [Zoning Map Amendment for 915 Cayuga Avenue]
Ordinance amending the San Francisco Planning Code by amending Sheet 11 of the Zoning Map of the City and County of San Francisco in order to shift a zoning district boundary which is located entirely within Assessor's Block 6954 Lot 033 and which divides an RH-1 (Residential, House, One Family) District from an NC-3 (Neighborhood Commercial, Moderate Scale) District approximately 20 feet in a northwesterly direction to increase the portion of the lot that is zoned NC-3; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b). (Planning Department)

10/19/2006, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from October 17, 2006 through October 23, 2006, for reference by President to appropriate committee on October 31, 2006.

061449 [Settlement of Unlitigated Claim - Fred Finch Youth Center]
Resolution approving the settlement of the unlitigated claim filed by the Fred Finch Youth Center against San Francisco for $50,000; claim was filed on October 13, 2005. (City Attorney)

10/18/2006, RECEIVED AND ASSIGNED to Rules Committee.

061450 [Settlement of Unlitigated Claim - Unified Teldata]
Resolution approving the settlement of the unlitigated claim filed by Unified Teldata against San Francisco for $44,381.55; claim was filed on August 10, 2006. (City Attorney)

10/18/2006, RECEIVED AND ASSIGNED to Rules Committee.

061460 [Accept-Expend State Grant - Sheriff's, Adult Probation and Juvenile Probation Departments]
Resolution authorizing the Sheriff's Department, Adult Probation Department and Juvenile Probation Department of the City and County of San Francisco to apply for, accept and expend $513,500 in funds from the Corrections Standards Authority for the standards and training of local corrections and probation officers programs; stipulating adherence to standards for recruitment and training established by the Corrections Standards Authority, waiving any indirect costs. (Sheriff)

10/17/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061461 [Prevailing wasges for workers on public works/improvement projects, workers doing janitorial services, workers in public off-street parking lots, garages, or auto storage facilities,
Resolution fixing prevailing wage rates for (1) workers performing work under City contracts for public work and improvement; (2) workers performing work under City contracts for janitorial services; (3) workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; (4) workers engaged in theatrical or technical services for shows on property owned by the City; and (5) workers performing moving services under City contracts at facilities owned or leased by the City.

10/20/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061479 [Airport Concession Lease]
Resolution approving Amendment No. 6 to the Post-Security Master Retail/Duty Free Concession in the New International Terminal Building Lease No. 99-0035 between DFS Group, L.P. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)

10/17/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061486 [Petitions and Communications]
Petitions and Communications received from October 17, 2006 through October 23, 2006 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 31, 2006.

From Kimo Crossman, submitting letter entitled "City of San Francisco backs down, if you ask for a Word doc, you'll get it as Word not PDF. Copy: Each Supervisor(1)

From Christian Holmer, submitting letters regarding public records requests from various departments. 6 letters(2)

From Department of Elections, submitting request for release of reserved funds of $141,000 for the preparation and mailing of absentee ballots.(3)

From Human Services Agency, submitting request for release of 5 positions that have been placed on reserve for the 2006-07 budget year. Copy: Budget & Finance Clerk(4)

From Eula Walters, submitting opposition to renaming Ferry Park to Sue Bierman Park. File 061223, Copy: Each Supervisor(5)

From Coalition for San Francisco Neighborhoods, urging the Board of Supervisors to continue the proposed ordinance "Community Improvement and Eastern Neighborhoods", and refer the proposed ordinance to the Planning Commission.(6)

From Office of the Treasurer/Tax Collector, submitting the Cash difference and Overage Fund balance and activities reported to the Office of the Treasurer/Tax Collector for the period ending September 30, 2006.(7)

From State Office of Historic Preservation, notifying the Board that request for hearing to remove St. Brigid's Church will not be heard on October 27, 2006, and the Board will be notified when this nomination is scheduled for hearing. File 051772, Copy: Each Supervisor(8)

From Planning Department, forwarding letter from the Landmarks Preservation Advisory Board for inclusion in the Board of Supervisors file for the Ordinance designating St. Brigid's Church as a landmark under Planning Code Article 10. File 051772(9)

From Department of Public Health, submitting quarterly report on Laguna Honda Hospital's progress on the reversal of the Admission Policy that took place February 22, 2005. File No. 050396(10)

Number not used. (11)

From Office of the Clerk of the Board, submitting report on departmental spending for the first quarter of fiscal year 2006-07.(12)

From Department of Public Works, submitting the quarterly report for the Defective Sidewalk Repair Account.(13)

From Office of the Treasurer & Tax Collector, submitting the quarterly report for the Bureau of Delinquent Revenue.(14)

From Doris Linnenbach, Twin Peaks Improvement Association, submitting support for appeal of categorical exemption issued for the 1 La Avanzada Street project.File 061292, Copy: Each Supervisor(15)

From Planning Department, submitting report regarding criteria to be used to evaluate Mills Act contract applications, evaluating the desirability of adopting a yearly Mills Act property value maximum and recommending amendments to Chapter 71, if necessary or desirable. File 051954(16)

From Planning Department, asking the Board of Supervisors to take no further action on the "Community Improvements and Eastern Neighborhoods" until the Planing Commission has an opportunity to hold a public hearing to review and comment on this ordinance. File 061206, Copy: Each Supervisor(17)

From Abdala Megahed, regarding planning for an earthquake in San Francisco and feeding the homeless on Thanksgiving Day.3 letters(18)

From Francisco Da Costa, submitting copy of letter he sent to the liaison of the African American community in District 5, 10 and 11 regarding various issues.(19)

From Pets Are Wonderful Support (PAWS), thanking the City and County for their generous contribution of $1,000.00 from the Cable Car Ring Competition.(20)

From Clerk of the Board, submitting names of City departments that have submitted their conflict-of-interest code notice to the Office of the Clerk of the Board: Treasure Island Development Authority (amended version); Department of Elections; San Francisco Employees' Retirement System.(21)

From Public Utilities Commission, regarding status of removing graffiti from utility poles at various locations in District 5. (Reference No. 20061070-013) Copy: Supervisor Mirkarimi(22)

From Donald Ivy Frazier, submitting his resignation from Walden House effective October 27, 2006.(23)

From Diane Bryan, urging the Mayor and/or the Board of Supervisors to install some immediate and effective traffic intervention at the corner of Olmstead and San Bruno Avenue in the Portola District. Copy: Supervisor Maxwell(24)

From T Mobile USA, Inc., submitting notification letter to California Public Utilities Commission regarding the cellular base site at 1660 Mission Street.(25)

From T Mobile USA, Inc., submitting notification letter to California Public Utilities Commission regarding the cellular base site at 1400 18th Street.(26)

From T Mobile USA, Inc., submitting notification letter to California Public Utilities Commission regarding the cellular base site at 2045 Divisadero Street. (27)

From Local 2, submitting support for the nominations of Sue Lee and Bill Lee to the Planning Commission. Copy: Rules Clerk(28)

From the Asthma Task Force, commenting that federal funding cuts will undermine the efforts made to build capacity within the Housing Authority to mitigate environmental risk factors for asthma.(29)

From Department of Elections, regarding Assembly Bill 1634, authorizing the State to reimbursement all counties for expenses incurred in conducting the Special Statewide Election in November 2005. Copy: Each Supervisor(30)

From Fire Department, submitting request for waiver of Chapter 12B of the Administrative Code for contracts with the Holiday Inn Civic Center, Holiday Inn Fisherman's Wharf, and Holiday Inn Golden Gateway to rent sleeping rooms and meeting space for the administration of the H-30 Captain examination.(31)

From Beverly May, on behalf of the American Massage Therapy Association, commenting on amending the Planning Code to make all massage establishments conditional uses. File 050176, Copy: Each Supervisor(32)

From Eula Walters, submitting opposition to the proposed placement of the Abraham Lincoln Brigade piece of art behind the Vaillancourt Fountain. Copy: Each Supervisor(33)

From Planning Department, submitting support for proposed Zoning Map amendment to change the use designation of Lot 11C, in Assessor's Block 6954 from RH-1 (One-Family) to NC-3 (Moderate-Scale Neighborhood Commercial District) (1800 Block of Alemany Boulevard). File 060640, Copy: Land use Committee members(34)

From Planning Department, submitting proposed ordinance regarding Zoning Map amendment that changes the use designation of Lot 11C, in Assessor's Block 6954 from RH-1 (One-Family) to NC-3 (Moderate-Scale Neighborhood Commercial District). File 060640, Copy: Land Use Committee members(35)

From Reuben & Junius, LLP, representing appellant, submitting response to appeal of 2564 Sutter Street's categorical exemption. File 061327(36)

From Tara Vance, regarding the trouble she had trying to make a police report online. Copy: Each Supervisor, Police Department(37)

From Matt Bens, submitting support for police foot patrols along Haight Street. File 061453, Each Supervisor (38)

From Department of Public Works, regarding status of repairing potholes at 401 Baker Street and 445 Baker Street. (Reference No. 20060815-010) Copy: Supervisor Mirkarimi(39)

From Office of Labor Standards, regarding the implementation of the Sweatfree Contracting Ordinance, Chapter 12 of the Administrative Code.(40)

From Max Binstock, submitting amendments to Section 100 of the Traffic Code regarding skateboarding after sunset and before sunrise.(41)

From Grace Alexander, submitting support for a lease extension for the St. Francis Yacht Club. File 061351, Copy: Budget Committee(42)

From concerned citizens, submitting opposition to proposed taxi fare increases. (43)

From Jeff Williamson, regarding a class action challenging the conditions of confinement for inmates in the San Francisco County Jail.(44)

ADJOURNMENT

Meeting Procedures

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

Disability access

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

Know Your Rights Under the Sunshine Ordinance

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

Lobbyist Registration and Reporting Requirements

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

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendation of the Budget and Finance Committee






		Present: Supervisors Daly, Dufty, Peskin

1.	061275	[Appropriating $2,258,089 of General Fund Reserve for Violence Prevention in the Police Department, Adult Probation and Juvenile Probation for Fiscal Year 2006-2007.]	Mayor
		Ordinance appropriating $2,258,089 of General Fund Reserve for violence prevention programs, including $1,880,548 in the Police Department for additional salaries and overtime, $268,018 in the Adult Probation Department for salaries, overtime and equipment, $49,523 in the Juvenile Probation Department for increased overtime, and $60,000 in the Sheriff's Department for overtime for Fiscal Year 2006-2007; and authorizing retroactive payment of Police and Sheriff overtime. All funds appropriated below are placed on reserve pending review of actual expenditures and expenditure projections in the departments.


		10/24/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

2.	061359	[Settlement of Lawsuit - CCSF v. William D. Spencer, F. W. Spencer & Son, Inc., et. al.]
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against William D. Spencer, F.W. Spencer & Son, Inc., Brisbane Mechanical Company, Bruce Bonar, Lou Thomas, William McGahan (together, the "Spencer Parties"), A. Answer, Inc. and Troy's Contracting, Inc. on January 16, 2004 in San Francisco Superior Court, Case No. CGC -04-429249, entitled, City and County of San Francisco et. al. v. F. W. Spencer & Son, Inc. et. al., with (a) the Spencer Parties paying $2,000,000 by January 24, 2007, and dismissing its actions and cross-actions against the City and others and the Spencer Parties releasing all claims on the Moscone Center Expansion Project and The San Francisco Jail Replacement No. 3 Project ; and (b) A. Answer, Inc. and Troy's Contracting, Inc. paying $124,000 within 60 days of final approval of this settlement. The Spencer Parties' action was brought against San Francisco, City Attorney Dennis Herrera and others, and was coordinated as part of the California Judicial Council Coordination Proceeding No. 4379. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

3.	061405	[Appointment - Veterans Affairs Commission]
		Resolution appointing Michael Thompson, term ending January 31, 2009, to the Veterans Affairs Commission.

		Michael Thompson, succeeding himself, term expired, seat 2, must be an at-large appointment, for the unexpired portion of a four-year term ending January 31, 2009.

		Question: Shall this Resolution be ADOPTED?

4.	061406	[Appointment - Asthma Task Force]
		Resolution appointing Tiffany Sutter, term ending June 30, 2007, to the Asthma Task Force, residency requirement waived.

		Tiffany Sutter, succeeding Micah McLorin, resigned, seat 13, must be a representative of lung health/asthma-specific organizations and is a voting member, for the unexpired portion of a two-year term ending June 30, 2007.

		Question: Shall this Resolution be ADOPTED?

5.	061407	[Appointment - Local Homeless Coordinating Board]
		Resolution appointing Ginger Martin, term ending October 21, 2010, to the Local Homeless Coordinating Board.

		Ginger Martin, succeeding Rev. Harry Chuck, resigned, seat 4, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for the unexpired portion of a five-year term ending October 21, 2010.

		Question: Shall this Resolution be ADOPTED?

6.	061410	[Appointment - Pedestrian Safety Advisory Committee]
		Resolution appointing Howard Strassner, term ending March 28, 2008, to the Pedestrian Safety Advisory Committee.

		Howard Strassner, succeeding himself, term expired, seat 7, must be a representative from transit or environmental organization, for the unexpired portion of a two-year term ending March 28, 2008.

		Question: Shall this Resolution be ADOPTED?






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

7.	061344	[Confirmation of Mayor's Appointment - Treasure Island Development Authority]	Mayor
		Resolution confirming the appointment of Owen Stephens to the Treasure Island Development Authority Board of Directors, term ending April 28, 2010.


		10/17/2006, CONTINUED. Continued to October 31, 2006


		Question: Shall this Resolution be ADOPTED?

8.	061345	[Confirmation of Mayor's Reappointment - Treasure Island Development Authority]	Mayor
		Resolution confirming the reappointment of Claudine Cheng to the Treasure Island Development Authority Board of Directors, term ending April 28, 2010.


		10/17/2006, CONTINUED. Continued to October 31, 2006


		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Budget and Finance Committee






		Present: Supervisors Daly, Dufty, Peskin

9.	061373	[Appropriating $10,675,589 of State and Federal revenues for various programs in the Department of Human Services for Fiscal Year 2006-2007]	Mayor, Supervisor Dufty
		Ordinance authorizing the Department of Human Services to accept and expend a Federal food stamps grant in the amount of $999,993, and appropriating $10,675,589 of State and Federal revenues for CalWORKS Work Participation Program, the Family and Children's Services Child Welfare Services Program, the Food Stamps Outreach Program, the Housing and Homeless Management Information System Program, and the Workforce Development's Food Stamps Employment and Training Program in the Department of Human Services for Fiscal Year 2006-2007.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

10.	061374	[Public Employment - Human Services Agency]	Mayor
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 35.8 new positions at the Human Services Agency.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

11.	061391	[Contract With Anticipated Expenditure in Excess of $10 Million]
		Resolution approving the Fourth Amendment to the Agreement between the City and County of San Francisco (Purchaser) and Sunset Scavenger Company (Contractor) for hauling services, resulting in total compensation to the Contractor in an amount not to exceed $10,480,000, pursuant to San Francisco Charter Section 9.118(b). (Purchaser)



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Land Use and Economic Development Committee




		Present: Supervisors Maxwell, Sandoval, Peskin

12.	061210	[Allowing advertising on E-Line and Third Street Light Rail Line boarding platforms]	Supervisor Maxwell
		Ordinance amending Article 6 of the San Francisco Planning Code by amending Section 603 thereof, to permit transit shelter advertising on public transit boarding platforms in connection with the E-Line and Third Street Light Rail Line projects; and adopting findings pursuant to City Planning Code Section 101.1.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

13.	061167	[Authorizing the City to contribute to the payment of funeral costs of City employees who have died in the line of duty]	Supervisors Peskin, Mirkarimi, Ammiano
		Ordinance amending the San Francisco Administrative Code by adding Section 16.7, to authorize the City to contribute to the payment of funeral costs of City employees who have died in the line of duty, including payments retroactive to July 1, 2006.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

14.	061245	[Appointment - Graffiti Advisory Board]
		Resolution appointing Don Bechler, for an indefinite term, to the Graffiti Advisory Board.

		Don Bechler, succeeding Machaela Hoctor, resigned, seat 10, must be an at-large member knowledgeable in graffiti issues, for an indefinite term. Supervisor Elsbernd dissented in committee.

		Question: Shall this Resolution be ADOPTED?

15.	061409	[Appointment - Association of Bay Area Governments Executive Board]
		Resolution appointing Supervisor Chris Daly, term ending June 30, 2007, to the Association of Bay Area Governments Executive Board.

		Supervisor Chris Daly, succeeding Supervisor Fiona Ma, resigned, seat 1, must be a member of the Board of Supervisors, for the unexpired portion of a two-year term ending June 30, 2007.

		Question: Shall this Resolution be ADOPTED?

16.	061392	[Hearing - Central Market Community Benefit District]
		Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Central Market Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for seven years, commencing with fiscal year 2006-2007, subject to conditions as specified, and making environmental findings. (Clerk of the Board)



		Action:___________________________

17.	061393	[Resolution to establish the Central Market Community Benefit District]	Supervisor Daly
		Resolution establishing a property-based business improvement district to be known as the "Central Market Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for seven years, commencing with fiscal year 2006-2007, subject to conditions as specified, and making environmental findings.



		Question: Shall this Resolution be ADOPTED?

	SPECIAL ORDER 4:00 P.M.


	APPEAL PROCEDURES Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to deadlines for Board decision). 3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk. 4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 4pm. 5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 4pm.

18.	061327	[Public Hearing - Appeal of Determination of Exemption from Environmental Review for 2564 Sutter Street]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated June 29, 2006 (Case No. 2005.0486E), exempting from environmental review under Categorical Exemption, [State CEQA Guidelines, Section 15301 (Class 1)], the proposed project at 2564 Sutter Street. The proposal would alter and add to an existing 29-foot tall, one-and-a-half-story over basement single-family residence to create an approximately 40-foot tall, four-story over basement, three-unit residential building. The proposed project includes 1) raising the structure to create a basement parking garage; 2) a 2-story, stepped-back, vertical addition that would increase the height to approximately 40-feet; 3) a 3-level horizontal (to the rear) addition that would extend the existing building to within approximately 34 feet of the rear property line; and 4) interior renovations of the existing building and alterations of the facade. A new garage, stairway and front door entry, as well as the alteration/enlargement of the basement level and related windows would be visible at the front facade. The project site is within the RH-3 (Residential, House, Three-Family) zoning district and within a 40-X height and bulk district. (Appellant: Stephen M. Williams)



		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.

19.	061328	[Affirming the categorical exemption issued for the 2564 Sutter Street project]
		Motion affirming the determination by the Planning Department that the 2564 Sutter Street project is categorically exempt from environmental review under the California Environmental Quality Act.



		Question: Shall this Motion be APPROVED?

20.	061329	[Disapproving the categorical exemption issued for the 2564 Sutter Street project]
		Motion disapproving the determination by the Planning Department that the 2564 Sutter Street project is categorically exempt from environmental review under the California Environmental Quality Act.



		Question: Shall this Motion be APPROVED?

21.	061330	[Preparation of findings related to the 2564 Sutter Street project]
		Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 2564 Sutter Street is exempt from environmental review under the California Environmental Quality Act.



		Question: Shall this Motion be APPROVED?