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Full Board Agendas

Board of Supervisors

City and County of San Francisco

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

seal of the city and county of sf

AGENDA
Tuesday, November 21, 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.

SPECIAL ORDER 2:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole
(Pending approval of File 061579.)

1. 061578 [Hearing on the proposed development plan at Candlestick Point] Supervisor Peskin
Hearing to discuss the proposed development at Candlestick Point.
Action:___________________________

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 2 through 5

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

2. 061360 [Setting speed limit on portions of Kezar and John F. Kennedy Drives]
Ordinance amending the Traffic Code by adding a new Section 175.07, establishing a speed limit of 30 MPH on Kezar Drive between Lincoln Way and John F. Kennedy Drive, and on John F. Kennedy Drive between Kezar Drive and Stanyan Street.
(9/28/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 3252.)

11/14/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

3. 061375 [Elections Code Amendments] Supervisor Elsbernd
Ordinance amending Sections 120, 200, 220, 300, 340, 500, 525, 530, 535, 545, 550, 590, and 610 of, and adding Section 815 to the Municipal Elections Code to: delete out-dated provisions relating to runoff elections; ensure that candidate statements are submitted in a uniform format; require that measures submitted by the Mayor, Board of Supervisors, or four or more Supervisors are submitted 95 days prior to the election; provide that failure to include an enacting clause in an initiative petition does not invalidate the petition; require the Department of Elections mail a voter information pamphlet to each registered San Francisco voter at least 29 days before an election; adjust the deadlines for ballot arguments and for the public review period to allow sufficient time for the voter information pamphlet to be prepared and mailed 29 days prior to the election; require ballot arguments to be submitted in a uniform format; provide a 24-hour period for the Ballot Simplification Committee to receive and act on written requests for the reconsideration of a digest; and clarify that candidates must file fees when submitting a candidate statement.
11/14/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

4. 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)
11/14/2006, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

5. 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)
11/14/2006, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

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

6. 060944 [Food Service Waste Reduction Ordinance] Supervisors Peskin, Daly, Mirkarimi, Ammiano, McGoldrick, Sandoval, Maxwell, Dufty, Ma, Alioto-Pier
Ordinance amending the San Francisco Environment Code by adding Chapter 16, Sections 1601 through 1611, to: (1) prohibit the use of polystyrene foam disposable food service ware and require the use of biodegradable/compostable or recyclable disposable food service ware by restaurants, retail food vendors, City departments and the City's contractors and lessees unless there is no affordable alternative; and, (2) provide for penalties for violation; and amending the San Francisco Health Code by repealing Sections 469 through 469.10, which ban the use of food packaging and plastic food service ware made with chlorofluorocarbons.
10/31/2006, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title.
11/14/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Supervisor Alioto-Pier requests to be added as cosponsor.
11/14/2006, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors McGoldrick, Ammiano, Ma

7. 061205 [Policy making marijuana offenses the lowest law enforcement priority] Supervisors Ammiano, Daly
Ordinance amending the San Francisco Administrative Code by adding Chapter 12X to make marijuana offenses by adults the lowest law enforcement priority in San Francisco, and require notification of state and federal officials.
(Supervisor Ma dissented)

11/14/2006, PASSED ON FIRST READING. Supervisor Daly requested to be added as cosponsor.
Question: Shall this Ordinance be FINALLY PASSED?

8. 061554 [Establish Community Oversight Committee Regarding Enforcement of Marijuana Offenses] Supervisors Ammiano, Daly
Ordinance amending the San Francisco Administrative Code by adding Chapter 12X.6 to establish a Community Oversight Committee regarding enforcement of marijuana offenses.
(Supervisor Ma dissented)

11/14/2006, PASSED ON FIRST READING. Supervisor Daly requested to be added as cosponsor.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

9. 061074 [Authorizing the Committee on Information Technology to amend its contract with Microgear/ESP to exceed $10 million] Supervisor Daly
Resolution authorizing the Committee on Information Technology to retroactively enter into the Third Amendment between the City and Microgear/ESP (part of the Computer Store procurement vehicle), in which the amendment shall increase the contract's anticipated expenditures to over $10 million.
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

10. 061075 [Authorizing the Committee on Information Technology to amend its contract with Central Computer Systems to exceed $10 million] Supervisor Daly
Resolution authorizing the Committee on Information Technology to retroactively enter into the Third Amendment between the City and Central Computer Systems (part of the Computer Store procurement vehicle), in which the amendment shall increase the contract's anticipated expenditures to over $10 million.
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Daly, Dufty, Peskin

11. 061351 [Lease of Property at S.F. Marina West Harbor, near the intersection of Marina Boulevard and Fillmore Street, to the St. Francis Yacht Club] Supervisor Alioto-Pier
Resolution authorizing and approving the execution, delivery and performance of a lease of real property at the S.F. Marina West Harbor near the intersection of Marina Boulevard and Fillmore Street (a portion of Block 0900, Lot 003) to the St. Francis Yacht Club for a term of forty (40) years plus the approximately seven (7) years remaining on the Club's existing lease; and adopting findings under the California Environmental Quality Act and findings pursuant to the City Planning Code Section 101.1.
Question: Shall this Resolution be ADOPTED?

12. 061532 [Certificates of Participation relating to One South Van Ness Avenue, 1650 Mission Street and 30 Van Ness Avenue; and Authorization to Remove 1650 Mission Street Due Diligence Supervisors Peskin, Elsbernd
Resolution authorizing the execution and delivery of certificates of participation to finance the acquisition and improvement of One South Van Ness Avenue and 1650 Mission Street and the improvement of 30 Van Ness Avenue; approving the form of a trust agreement between the City and County of San Francisco (the "City") and a trustee (including certain indemnities contained therein); authorizing the selection of a trustee; approving the form of a property lease between the City and a trustee relating to certain City-owned property; approving the form of a project lease between a trustee and the City (including certain indemnities contained therein); approving the form of an official notice of sale and notice of intention to sell relating to the certificates of participation; approving the form of an official statement in preliminary and final form; approving the form of a continuing disclosure certificate; authorizing the reimbursement of certain expenditures; approving the removal of the due diligence contingencies relating to the purchase of 1650 Mission Street and a City assumption of the Spectrum Federal Credit Union lease at 1650 Mission Street; adopting findings under the California Environmental Quality Act and findings pursuant to the City Planning Code Section 101.1; and ratifying previous actions taken in connection therewith.
Question: Shall this Resolution be ADOPTED?

13. 061461 [Prevailing wages 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. (Civil Service Commission)
Question: Shall this Resolution be ADOPTED?

14. 061468 [Prevailing wage and displaced worker requirements for City contracts for hauling of solid waste generated by City operations] Supervisors Ma, Peskin, Daly, Dufty
Ordinance adding Section 21.25-5 to the Administrative Code, requiring payment of wages at prevailing rates to workers engaged in the hauling of solid waste, generated by the City in the course of City operations, pursuant to a contract with the City; establishing a process for the Board of Supervisors to set prevailing wage rates; establishing rules and a process for enforcement of prevailing wage rate requirements; requiring retention of workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City, upon transition to a new contractor; and establishing rules and a process for enforcement of worker retention requirements.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Ammiano, Peskin

15. 051465 [Grant of Federal Funds - Municipal Transportation Agency] Supervisor Peskin
Resolution authorizing the Municipal Transportation Agency to accept and expend $9,920,000 of Federal New Starts Capital Assistance for the Third Street-Phase II - New Central Subway project, excluding administrative overhead costs.
Question: Shall this Resolution be ADOPTED?

16. 061422 [Grant of Federal Funds - Municipal Transportation Agency] Supervisor Peskin
Resolution authorizing the Municipal Transportation Agency to accept and expend $24,502,500 of Federal Section 5309 New Starts Capital Assistance for the Third Street-Phase II - Central Subway project, excluding administrative overhead costs.
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

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

17. 061261 [Zoning - Conditional use for change in use or demolition of a general grocery store] Supervisor Elsbernd
Ordinance amending the Planning Code to add Section 218.2 and to amend Sections 703.2, 803.2, and 803.3 to require conditional use authorization for any project involving the change in use or demolition of a general grocery store; amending Planning Code Section 790.102 to define general grocery store; amending Planning Code Section 303 to require specific findings as part of a conditional use authorization for a change in use or demolition of a general grocery store; making the legislation apply to specified applications and permits filed on or after September 12, 2006; and making environmental findings and findings of consistency with the General Plan and priority policies of the Planning Code Section 101.1.
10/24/2006, SUBSTITUTED. Supervisor Elsbernd submitted a substitute ordinance bearing new title.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 4:00 P.M.

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

1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. 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. 061396 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 3300 Clay Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated April 26, 2006, granting a Categorical Exemption from the California Environmental Quality Act (Building Permit Application No. 2006.02.27.5519) the proposed project at 3300 Clay Street, Lot 003 in Assessor's Block 0997. The proposal to remodel the ground floor, excavate and install a six-car garage and install a new opening in the side of the building for access to the garage. (Appellant: Douglas D. Cain)
(Filed October 13, 2006; companion measure to Files 061397, 061398, 061399, District 2.)

Action:___________________________

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

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

19. 061397 [Affirming the categorical exemption issued for 3300 Clay Street project]
Motion affirming the determination by the Planning Department that the 3300 Clay Street project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

20. 061398 [Disapproving the categorical exemption issued for 3300 Clay Street project]
Motion disapproving the determination by the Planning Department that the 3300 Clay Street project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

21. 061399 [Preparation of findings related to the 3300 Clay 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 3300 Clay 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 items will be considered by the Rules Committee at a Regular Meeting on Thursday, November 16, 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, November 21, 2006.

22. 061387 [Appointment, Planning Commission] Mayor
Motion approving the Mayor's appointment of Marilyn Sue Lee to the Planning Commission term ending July 1, 2010.
(Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 061388.)
Transmittal date - October 3, 2006.

Question: Shall this Motion be APPROVED?

23. 061388 [Appointment, Planning Commission] Mayor
Motion rejecting the Mayor's appointment of Marilyn Sue Lee to the Planning Commission term ending July 1, 2010.
(Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 061387.)
Transmittal date - October 3, 2006.

Question: Shall this Motion be APPROVED?

24. 061389 [Reappointment, Planning Commission]
Motion approving the Mayor's reappointment of William L. Lee to the Planning Commission term ending July 1, 2010. (Mayor)
(Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 061390.)
Transmittal date - October 3, 2006.

Question: Shall this Motion be APPROVED?

25. 061390 [Reappointment, Planning Commission]
Motion rejecting the Mayor's reappointment of William L. Lee to the Planning Commission term ending July 1, 2010.
(Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 061389.)
Transmittal date - October 3, 2006.

Question: Shall this Motion be APPROVED?

The following item will be considered by the Select Committee on Ending Gun and Gang Violence Committee at a Regular Meeting on Monday, November 20, 2006 at 10:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, November 21, 2006.

26. 061453 [Police Foot Patrols] Supervisors Mirkarimi, Daly, Ammiano, Maxwell, Sandoval
Ordinance adopting Section 10A.1 of the San Francisco Administrative Code to establish a one-year pilot program requiring foot patrols in crime-impacted areas within the boundaries of Northern, Park, Tenderloin, Mission, Ingleside, Taraval, Southern, Bayview, Central and Richmond Police District Stations, and require reporting and review on the effectiveness of the foot patrols.
10/17/2006, AMENDED. Amended to add language to include the addition of Central and Richmond District Police Stations.
10/17/2006, REFERRED to Select Committee on Ending Gun and Gang Violence. Referred as amended.
Question: Shall this Ordinance be PASSED ON FIRST READING?

The following item will be considered by the Government Audit and Oversight Committee at a Special Meeting on Monday, November 20, 2006 at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, November 21, 2006.

27. 061465 [MOU, Amendment No. 2 - San Francisco Police Officers' Association (SFPOA)] Mayor, Supervisors Dufty, Elsbernd
Ordinance adopting and implementing amendments to the 2003-2007 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers' Association (SFPOA) by (a) establishing retention pay of an additional four percent (4%) for officers who have completed thirty (30) or more years of service, effective June 30, 2007; (b) providing $1,000 referral bonuses for officers who refer successful candidates for police officer positions; (c) providing lateral signing bonuses of $5,000 for police officers hired from other police agencies; (d) allocating $250,000 annually to a joint labor-management recruitment committee; (e) eliminating the practice of allowing retiring officers to use accrued leave during their final 90 days of employment; and providing for incorporation of these provisions in the MOU to succeed the 2003-2007 MOU with expiration upon the conclusion of such successor MOU unless renewal is agreed.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 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.

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

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

30. 061559 [Legislative Analyst Request] Supervisor Elsbernd
Motion requesting the Legislative Analyst to research comparable Natural Areas Plans that have been developed and implemented in other jurisdictions. As well, please explore the availability of existing studies that provide data that may assist in determining potential costs for San Francisco's Natural Areas Program Management Plan (NAP MP).
Question: Shall this Motion be APPROVED?

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 31 through 42

31. 061579 [Motion to Hold Public Hearing on the proposed development plan at Candlestick Point] Supervisor Peskin
Motion directing the Board of Supervisors to hold a public hearing on November 21, 2006, at 2:00 p.m., with the Board sitting as a committee of the whole, to discuss the proposed development at Candlestick Point.
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

32. 061577 [Calling for the Board of Supervisors to sit as a Committee of the Whole on December 5, 2006, at 4:00 pm to consider findings of recent economic report] Supervisor Alioto-Pier
Motion calling for the Board of Supervisors to sit as a Committee of the Whole on December 5, 2006, at 4:00 pm to hear and discuss the findings of the report, "Focusing San Francisco's Economic Strategy: From Goals to Strategic Priorities."
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

33. 061570 [Issuance and Sale of Revenue Bonds - Elder Care Alliance of San Francisco] Supervisor Dufty
Resolution approving the issuance and sale of tax-exempt bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $37,000,000 to refinance a portion of the costs of acquisition, construction and equipping of an assisted living and dementia care facility.
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 061571 [Condemning Human Rights Violations in the Philippines] Supervisors Mirkarimi, Daly, Ammiano
Resolution condemning the politically-motivated killings and other human rights violations in the Philippines, extending sympathy to the families of victims and urging President Macapagal-Arroyo to reassert human rights and allow for an independent investigation into the killings.
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 061572 [Commemorating National Prematurity Awareness Month] Supervisor Mirkarimi
Resolution commemorating National Prematurity Awareness Month, acknowledging that premature birth is a serious, common and costly problem. The etiology of premature birth is unknown and can happen to any pregnant woman. We hope all of you will join us in the campaign to reduce premature birth by supporting research, educating the public and health care providers about this critical issue.
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 061573 [Urging NBC-Universal to reconsider its decision to eliminate local Spanish newscasts at KSTS-48 Telemundo] Supervisor Sandoval
Resolution urging NBC-Universal to reconsider its decision to eliminate local Spanish news newscasts at KSTS-48 Telemundo.
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 061574 [Recognizing the City of Santa Ana for electing a Council reflective of its constituency's diverse ethnic majority] Supervisor Sandoval
Resolution recognizing the City of Santa Ana for electing a Council reflective of its constituency's diverse ethnic majority.
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 061575 [Supporting Saul Arellano, a 7 year-old boy whose mother has taken refuge at a church in Chicago to avoid deportation] Supervisor Sandoval
Resolution supporting Saul Arellano, a 7 year-old boy whose mother has taken refuge at a church in Chicago to avoid deportation.
11/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 061555 [Final Map 2808 - 19 Clementina Street]
Motion approving Final Map 2808, a 32 Unit Live Work Condominium Project, located at 19 Clementina Street being a subdivision of Lot 119 in Assessors Block No. 3736 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 176,428; District 6.)

11/10/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

40. 061556 [Final Map 3686 - 2351 Powell Street]
Motion approving Final Map 3686, a 73 Unit Mixed-Use Condominium Project, located at 2351 Powell Street being a subdivision of Lot 1,3 & 4 in Assessors Block No. 0031 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 176,430; District 3.)

11/10/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

41. 061557 [Final Map 3825 - 520 Chestnut Street]
Motion approving Final Map 3825, a 20 Unit Residential Condominium Project, located at 520 Chestnut Street being a subdivision of Lot 9 in Assessors Block No. 0052 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW order No. 176,422; District 3.)

11/10/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

42. 061558 [Final Map 3283 - 1117 Ocean Avenue]
Motion approving Final Map 3283, a 12 Unit Mixed-Use Condominium Project, located at 1117 Ocean Avenue being a subdivision of Lot 45 in Assessors Block No. 6944 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 176,429; Distirct 11.)

11/10/2006, 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:_________________________________________

43. 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 November 7, 2006 through November 13, 2006, for reference by President to appropriate committee on November 21, 2006.

061545 [Settlement of Lawsuit - Peter P. Naughton and Bernadette A. Naughton as Trustees of the 2004 Peter P. Naughton and Bernadette A. Naughton Revocable Trust v. CCSF, et al.]
Ordinance approving settlement of litigation brought by Peter P. Naughton and Bernadette A. Naughton as Trustees of the 2004 Peter P. Naughton and Bernadette A. Naughton Revocable Trust to quiet title as to the City and County of San Francisco in certain utility easements, in the action entitled Peter P. Naughton and Bernadette A. Naughton as Trustees of the 2004 Peter P. Naughton and Bernadette A. Naughton Revocable Trust v. City and County of San Francisco, et al. (San Francisco Superior Court No. CGC-05-440100, filed April 5, 2005), for a total value of $136,000.00. (Real Estate Department)
11/8/2006, RECEIVED AND ASSIGNED to Rules Committee.

061546 [Summary Vacation of Sewer, Water and Utility Easements Within Assessor's Block 2864, Lot 001 and Sale to Owner of Assessor's Block 2864, Lot 001 Upon Conditions]
Ordinance ordering the summary vacation of six recorded sewer, water and utility easements located within Assessor's Block 2864, Lot 001, on land commonly known as 300 Laguna Honda Boulevard, subject to specified conditions; adopting findings pursuant to the California Streets and Highways Code Section 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation and sale by quitclaim are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; authorizing the conveyance of the City's interest in the vacated easements to the fee owners of Assessor's Block 2864, Lot 001, upon satisfaction of conditions set forth in companion Ordinance No. _______ on file with the Clerk of the Board of Supervisors in File No. _______; and ratifying and authorizing actions in furtherance of the ordinance. (Real Estate Department)
11/8/2006, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from November 7, 2006 through November 13, 2006, for reference by President to appropriate committee on November 21, 2006.

061547 [Amendment to Contract with Geomatrix Consultants, Inc.]
Resolution approving and authorizing the Director of Island Operations for the Treasure Island Development Authority to execute an amendment to the contract with Geomatrix Consultants, Inc. to extend the term retroactively through June 30, 2007, to modify the scope of services, and to increase the contract by an amount not to exceed $180,000 for a new total amount not to exceed $1,097,000 for environmental consulting services.
11/13/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061548 [Third Amendment to John Stewart Company Sublease of Housing Units on Treasure Island]
Resolution approving and authorizing the Director of Island Operations for the Treasure Island Development Authority to execute a third amendment to the sublease with the John Stewart Company to extend the term.
11/13/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061549 [Fourth Amendment to John Stewart Company Sublease of Housing Units on Treasure Island]
Resolution approving and authorizing the Director of Island Operations for the Treasure Island Development Authority to execute a fourth amendment to the sublease with the John Stewart Company to increase utility rates.
11/13/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

061589 [Petitions and Communications]
Petitions and Communications received from November 7, 2006 through November 13, 2006 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 21, 2006.

From Stephen Williams, submitting a supplement to his appeal letter, including an executive summary in support of appeal of Exemption from Environmental Review for 2564 Sutter Street. File 061327(1)

From Karla Spaulding, regarding her voting difficulities at the polling site set up at the Balboa Police Department. Copy: Department of Elections(2)

From Office of the Mayor, submitting notice that Supervisor Dufty will be Acting-Mayor from 12:45 pm Sunday, November 12, 2006 until 4:00 pm on Monday, November 13, 2006. Copy: Each Supervisor, City Attorney(3)

From Department of Public Works, reporting on the status of trimming the trees at 303-305 Oak Street so that the right turn signs onto Octavia Boulevard are clearly visible. (Reference No. 20061031-001) Copy: Supervisor Mirkarimi(4)

From Department of Public Works, reporting on the status of removing graffiti from the red emergency boxes at Divisadero and Ellis Streets and Webster Street and Golden Gate Avenue. (Reference No. 20061031-006) Copy: Supervisor Mirkarimi(5)

From Department of Public Works, reporting on the status of removing graffiti from the mailboxes at various locations in District 5. (Reference No. 20061031-009) Copy: Supervisor Mirkarimi(6)

From Department of Public Works, reporting on the status of removing graffiti from the utility poles at various locations in District 5. (Reference No. 20061031-013) Copy: Supervisor Mirkarimi(7)

From Department of Public Works, reporting on the status of removing graffiti from the phone switch boxes at various locations in District 5. (Reference No. 20061031-014) Copy: Supervisor Mirkarimi(8)

From Department of Public Works, reporting on the status of removing graffiti from the wooden utility poles on all four corners of Pierce and Page Streets. (Reference No. 20061031-014) Copy: Supervisor Mirkarimi(9)

From Eula Walters, urging the Port Commission to oppose placement of the Abe Lincoln Brigade piece on the easterly front of the Vaillancourt Fountain.(10)

From State Department of Mental Health, submitting notification of proposed placement (Potter Hotel, 1288 Mission Street) of a person committed as a sexually violent predator under Welfare and Institutions Code 6600 et seq. Copy: City Attorney(11)

From Christian Holmer, regarding public records request from various City departments. 3 letters(12)

From Christian Holmer, regarding public audit of Recreation and Park Department's payroll for selected jobs from official records for fiscal year 2005-06.(13)

From Bruce Brugmann, submitting letter entitled "City Hall's new secrets."(14)

From Vincent Poy, concerning his complaint and resolution to a problem with the San Francisco Housing Authority. Copy: Supervisor Peskin(15)

From concerned citizens, submitting support for timed park use for dogs versus children. Copy: Each Supervisor(16)

From Richard Baker, requesting an apology from the Board of Supervisors for not allowing the USS Iowa to dock in San Francisco. Copy: Each Supervisor(17)

From concerned citizens, commenting on amending the Planning Code to make all massage establishments conditional uses. File 050176, Copy: Each Supervisor, 2 letters (18)

From Victor Saldivar, urging the Board to implement stricter rules with the main one being no one admitted without costume to the Halloween Party in the Castro.(19)

From Clerk of the Board, submitting Form 700 Statement of Economic Interest from Adam Van de Water, Legislative Analyst(20)

From Office of the City Attorney, submitting copy of letter sent to the Mayor of Santa Clara, Executive Director of the Santa Clara Redevelopment Agency, and the County Executive of Santa Clara County; requesting an immediate public records request to inspect and receive copies of any and all of the following public records in the custody or control of any board, commission, agency, department, official or employee of the City and County of Santa Clara.(21)

From Clerk of the Board, submitting notice that Proposition B, Charter Amendment allowing members of boards and commissions to participate in meetings by teleconference due to pregnancy was passed by the voters at the November 7, 2006 Election. (22)

From Clerk of the Board, submitting notice that Proposition C, Charter Amendment setting salaries of certain local elected officials was passed by the voters at the November 7, 2006 Election.(23)

From Clerk of the Board, submitting notice that Proposition D, Disclosure of Private Information was passed by the voters at the November 7, 2006 Election.(24)

From Clerk of the Board, submitting notice that Proposition F, the Paid Sick Leave Ordinance was passed by the voters at the November 7, 2006 Election. (25)

From Clerk of the Board, submitting notice that Proposition G, Limitations on Formula Retail Stores was passed by the voters at the November 7, 2006 Election.(26)

From Clerk of the Board, submitting notice that Proposition H, Relocation Assistance for No Fault Tenant Removal was passed by the voters at the November 7, 2006 Election.(27)

From Clerk of the Board, submitting notice that Proposition I, a Declaration of Policy urging the Mayor to appear monthly at a Board of Supervisors meeting was passed by the voters at the November 7, 2006 Election.(28)

From Clerk of the Board, submitting notice that Proposition J, a Declaration of Policy calling for the impeachment of President George Bush and Vice-President Dick Cheney was passed by the voters at the November 7, 2006 Election.(29)

From Clerk of the Board, submitting notice that Proposition K, a Declaration of Policy adopting a Policy relating to the housing needs of seniors and disabled adults was passed by the voters at the November 7, 2006 Election.(30)

From Municipal Transportation Agency, regarding the feasibility of installing stop signs on Addison and Farnum Streets. (Reference No. 20060711-004) Copy: Supervisor Dufty(31)






From Municipal Transportation Agency, regarding the feasibility of installing speed limit signs and investigate other measures to reduce vehicular speeds on Circular Avenue (located off of Monterey and near 280). (Reference No. 20060725-001) Copy: Supervisor Elsbernd(32)

Number not used.(33)

From Christian Holmer, submitting letter entitled "Department of Emergency Communications submits Avian Flu template response as hard copy via US Mail."(34)

From Ken Meade, commenting on what a huge loss it is to San Francisco to loss the 49er's to Santa Clara. Copy: Each Supervisor(35)

From Leland Low, submitting support for the Jr. ROTC program in Bay Area schools.(36)

From James Doyle, commenting on resolution passed by the Board of Supervisors urging Cardinal Levada to withdraw his directive to Catholic Charities forbidding the placement of children in need of adoption with same-sex couples.(37)

From Douglas Mathieux, commenting on the real minimum wage in San Francisco. Copy: Each Supervisor(38)
From Office of the Controller, submitting the Countywide Cost Allocation Plan for fiscal year 2006-2007.(39)

From Municipal Transportation Agency, submitting copy of letter sent to residents of Bernal Heights noting that the entire North Bernal Heights Traffic Calming Project Plan can be viewed at www.livablestreets.org.(40)

From Human Rights Commission, recommending resolution which endorses the United Nations Declaration on the Responsibility to Protest.(41)

From Human Rights Commission, recommending the Board amend Chapters 12A and 12B of the SF Administrative Code by changing the definition of "Age" to broaden the protection for persons over 40 years of age.(42)

From Department of Human Resources, submitting request for waiver of Chapter 12A and 12B of the Administrative Code for SMG (S.F. Convention Facilities) at 747 Howard Street.(43)

From T Mobile USA, Inc., submitting notification letter to California Public Utilities Commission regarding the cellular base site at 2289 Union Street.(44)

From Larry Prager, submitting suggestions that may reduce the gang problem in California.(45)

From Gregory Scanlon, submitting opposition to San Francisco providing any funding for the building of a 49er stadium. Copy: Each Supervisor(46)

From Mary Anderton, urging the Board of Supervisors to stop the Google/Earthlink deal immediately, and instead use the City's existing fiber optic lines as the backbone to build a free, publicly owned internet system by 2007.(47)

From Penny Chua, regarding her hit and run CHP accident report. Copy: Supervisor Ammiano(48)

ADJOURNMENT

Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.
Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
Disability access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

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

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

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