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Full Board Agendas

City and County of San Francisco

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

seal of the city and county of sf

MEETING MINUTES
Tuesday, March 15, 2005
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

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


Members Present: Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Sean Elsbernd, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval.
Members Excused: None.
Members Absent: None.

ROLL CALL AND PLEDGE OF ALLEGIANCE
The meeting was called to order at 2:00 p.m. On the call of the roll

Supervisor McGoldrick was noted absent.

Quorum present.

Supervisor McGoldrick was noted present at 2:05 p.m.

 

APPROVAL OF MEETING MINUTES
Supervisor Elsbernd, seconded by Supervisor Maxwell, moved to approve February 8, 2005 and February 15, 2005 Meeting Minutes. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin, Sandoval
Absent: 1 - McGoldrick

CONSENT AGENDA

Recommendation of the Budget and Finance Committee

050133 [Defense Costs of Residential Hotel Ordinance] Supervisor Peskin
Ordinance amending Section 41.13 of the San Francisco Administrative Code, the Residential Hotel Unit Conversion and Demolition Ordinance, to clarify that funds in the Residential Hotel Preservation Fund may be expended both to create replacement housing and to defend the Ordinance against legal challenge.
Enacted Number: 46-05
FINALLY PASSED
 

Recommendations of the City Operations and Neighborhood Services Committee

050070 [STOP Intersections] Supervisor Dufty
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Arlington Street at Roanoke Street, making this intersection an All-Way STOP; and
Arlington Street at Mateo Street, making this intersection an All-Way STOP.

(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.)

Enacted Number: 197-05
ADOPTED
 

050151 [Accept-Expend State Grant]
Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend grant funds made available through the State Office of Emergency Services for a project entitled "Law Enforcement Specialized Unit (LESU) - Violence Against Women Program," and agreeing to accept an in-kind match from La Casa De Las Madres for a Victim Advocate position, and waiving indirect costs due to funding constraints. (Police Department)
Enacted Number: 196-05
ADOPTED
 

050154 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Broderick and Ellis Streets, stopping Ellis Street at Broderick Street, making this intersection an all-way STOP;
22nd and Illinois Streets, stopping Illinois Street at 22nd Street, making this intersection an all-way STOP;
41st Avenue and Vicente Street, stopping Vicente Street, making this intersection an all-way STOP; and
Duboce Avenue and Scott Street, stopping Duboce Avenue at Scott Street, making this intersection an all-way STOP. (Parking and Traffic Department)

(1/24/05: 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. 2940.)

Enacted Number: 194-05
ADOPTED
 

050155 [Traffic Regulations] Supervisor Elsbernd
Resolution enacting and rescinding traffic regulations on various streets.

LEFT LANE MUST TURN LEFT - RESCIND
Anza Street, eastbound, at Masonic Avenue.

NO LEFT TURN - RESCIND
Twin Peaks Boulevard, northbound, onto westbound Carmel Street

NO LEFT TURN - ESTABLISH
505 Parnassus Avenue driveway exit (mid-block between 3rd Avenue and Hillway Street).

RIGHT OR LEFT TURNS ONLY - ESTABLISH
Baker Street, northbound, at Turk Street. (Parking and Traffic Department)

(1/24/05: 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. 2940.)

Supervisor Elsbernd requested to be added as sponsor.
Enacted Number: 193-05
ADOPTED
 

050156 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

NO TURN ON RED - ESTABLISH
14th Street, eastbound, at Folsom Street [so that an advanced stop line for bikes ("bike box") can be established].

MULTIPLE LEFT TURN LANES - RESCIND
LEFT LANE MUST TURN LEFT - ESTABLISH
Howard Street, westbound, approaching 11th Street. (Parking and Traffic Department)

(1/24/05: 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. 2944.)

Enacted Number: 192-05
ADOPTED
 

050188 [Accept and Expend Grant] Supervisors Elsbernd, Ma
Resolution retroactively authorizing the San Francisco Fire Department (SFFD) to accept and expend a new grant in the amount of $110,569 from the Corporation for National and Community Service (CNCS) to recruit, deliver Neighborhood Emergency Response Team (NERT) training and develop leadership in San Francisco residents age 55 and older, for the period of September 30, 2004 through September 29, 2005.
Enacted Number: 191-05
ADOPTED
 

050153 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Sanchez Street, both sides, between 27th and Duncan Streets (1400 block).

RESIDENTIAL PERMIT PARKING AREA "W" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
York Street, west side, between 19th and 20th Streets (700 block, even addresses only); and
25th Street, both sides, between Kansas and Rhode Island Streets (2300 block).

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Dolores Street, east side, between the driveways of 401 and 405 Dolores Street (a 10-foot zone, accommodating two motorcycle parking spaces);
Francisco Street, south side, between the driveways of 1567-1569 and 1573-1575 Francisco Street (8-foot zone, accommodating 2 motorcycle parking spaces); and,
15th Street, north side, from Harrison Street to 7 feet easterly (2 spaces).

UNMETERED MOTORCYCLE PARKING - RESCIND
18th Street, north side, from the west property line of #3922 - 18th Street to 7 feet easterly (7-foot zone accommodating 2 motorcycle parking spaces).

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Anza Street, south side, from Masonic Avenue to 500 feet westerly.

NO PARKING ANYTIME - ESTABLISH
Anza Street south side, at Collins Street, along the sidewalk extension.

TOW-AWAY, NO STOPPING - ESTABLISH
Evans Avenue, west side, from Napoleon Street to 100 feet northerly; and
Evans Avenue, east side, from Napoleon Street to 120 feet northerly.

TWO-HOUR PARKING TIME LIMIT, APRIL THROUGH OCTOBER, 7 AM TO 10 PM, MONDAY THROUGH FRIDAY, 9 AM TO 6 PM, SATURDAY AND SUNDAY AND TWO-HOUR PARKING TIME LIMIT, NOVEMBER THROUGH MARCH, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - RESCIND
Townsend Street, south side, from 2nd Street to 27 feet westerly (rescinds the ballpark hours for motorcycle parking).

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
15th Street, south side, between Harrison Street and Treat Avenue.
10-MINUTE PARKING TIME LIMIT, 9 AM TO 6 PM, EVERYDAY - RESCIND
15th Street, north side, from Harrison Street to 8 feet easterly.

20-MINUTE TIME LIMIT, 9 AM TO 6 PM, EVERYDAY - ESTABLISH
15th Street, north side, from Alabama Street to 50 feet easterly. (Parking and Traffic Department)

(1/24/05: 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. 2940.)

Enacted Number: 195-05
ADOPTED
 

Recommendations of the Rules Committee

041763 [Settlement of Lawsuit - Israel Flores]
Ordinance authorizing settlement of the lawsuit filed by Israel Flores against the City and County of San Francisco for $85,000.00; the lawsuit was filed on September 18, 2003 in the United States District Court, Northern District, Case No. C03-4262 SBA; entitled Israel Flores v. City and County of San Francisco, et al; other material terms of said settlement are the City shall waive its lien in the amount of $33,740.60, representing the value of medical services provided to Israel Flores for injuries sustained in the relevant incident. (City Attorney)
Enacted Number: 50-05
FINALLY PASSED
 

050094 [Settlement of Lawsuit - Rebeccah Sturtz v. CCSF]
Ordinance authorizing settlement in the matter of Rebeccah Sturtz v. City and County of San Francisco for $65,000. The lawsuit was filed on June 3, 2003 in San Francisco Superior Court, Case No. 415-227; entitled Rebeccah Sturtz v. City and County of San Francisco; Raymond E. Batz Jr., Gary D. Curto, Albert J. Fernandez, Charles Krieger, Timothy J. Miles, Harry Paretchan, William Shore, and Does I through XX, inclusive. (City Attorney)
FINALLY PASSED
 

050164 [Settlement of Lawsuit - Evelyn Black v. CCSF, et al.]
Ordinance authorizing settlement of the lawsuit filed by Evelyn Black against the City and County of San Francisco for $137,500; the lawsuit was filed on March 10, 2003 in San Francisco Superior Court, Case No. 418-143; entitled Evelyn Black v. City and County of San Francisco, et al. (City Attorney)
Enacted Number: 48-05
FINALLY PASSED
 

050246 [Settlement of Lawsuit - Kemper Insurance Co.]
Ordinance authorizing settlement of the lawsuit filed by Kemper Insurance Co. by and through American Manufacturers Mutual Insurance Co. against the City and County of San Francisco for $46,344.48; the lawsuit was filed on December 23, 2004 in San Francisco Superior Court, Case No. 437-338; entitled Kemper Insurance Co, et al., v. City and County of San Francisco, et al. (City Attorney)
Enacted Number: 47-05
FINALLY PASSED
 

050293 [Appointment - Arts Task Force]
Resolution appointing Kristine Keefer, Ronald Gallman, David Gluck, Diane Cullinan and Marc Vogl, terms ending July 1, 2005, to the Arts Task Force.

Kristine Keefer, new appointment, seat 12, must be an artist working the San Francisco Bay Area, for the unexpired portion of a six-month term ending July 1, 2005. Ronald Gallman, new appointment, seat 13, must serve as a director, staff member or board member of a non-profit arts organization based in San Francisco with an annual budget exceeding five million dollars, for the unexpired portion of a six-month term ending July 1, 2005. David Gluck, new appointment, seat 14, must serve as a director, staff member or board member of non-profit arts organization based in San Francisco with an annual budget between one million dollars and five million dollars, for the unexpired portion of a six-month term ending July 1, 2005. Diane Cullinan, new appointment, seat 15, must serve as a director, staff member or board member of a non-profit arts organizations based in San Francisco with an annual budget between $250,000 and one million dollars, for the unexpired portion of a six-month term ending July 1, 2005. Marc Vogl, new appointment, seat 16, must serve as a director, staff member or board member of a non-profit arts organization based in San Francisco with an annual budget less than $250,000, for the unexpired portion of a six-month term ending July 1, 2005.

Enacted Number: 189-05
ADOPTED
 

050294 [Appointment - Skateboarding Task Force]
Resolution appointing David Miles, term ending September 6, 2005, to the Skateboarding Task Force.

David Miles, succeeding Ilya Weber, resigned, seat 2, must be from the in-line skating community knowledgeable about the sport for a period of five years, for the unexpired portion of a three-year term ending September 6, 2005.

Enacted Number: 188-05
ADOPTED
 

050324 [Appointment - Child Care Planning and Advisory Council]
Resolution appointing David Fleishman, term ending December 31, 2006, to the Child Care Planning and Advisory Council.

David Fleishman, succeeding Jean van Keulen, resigned, seat 2, must be a nominee of District 2 Supervisor selected from: parent advisory councils of public and private child care programs; associations of child care centers, family day care providers and Head Start; public interest organizations including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer Work and Family Coalition; and members of labor organizations and local organizations that fall within the definition of "Community representative", for the unexpired portion of a four-year term ending December 31, 2006.

Enacted Number: 187-05
ADOPTED
 

The Consent Agenda, excluding File 050247, was passed by the following vote:

Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin, Sandoval

Absent: 1 - McGoldrick

Supervisor McGoldrick, seconded by Supervisor Elsbernd, moved to rescind the previous vote.

Motion to rescind the previous vote without objection.

 

The foregoing items were acted upon by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Severed From Consent Agenda
Supervisor Maxwell requested that this matter be severed so that it might be considered separately.
 

050247 [Settlement of Lawsuit - 18th and Arkansas Homeowners Association, et al., v. CCSF, et al.]
Ordinance authorizing settlement of the lawsuit filed by 18th and Arkansas Homeowners Association, 1220 Folsom Street Owners' Association, 2412 Harrison Street Owners' Association, India Cove Homeowners Association, 700 Illinois Street Owners' Association, 1415 Indiana Street Owners' Association, Penn Station Lofts Owners' Association, 226 Ritch Street Owners Association, 650 Second Street Owners' Association, San Francisco Flower Growers Association, 2030 Third Street Homeowners' Association, Tehama Lofts Condominium Owners' Association, 1011 23rd Street Owners' Association, and 239 8th Street Homeowners' Association against the City and County of San Francisco for $65,424.81; the lawsuit was filed on September 27, 2003 in the San Francisco Superior Court, Case No. 424-484; entitled 18th and Arkansas Homeowners Association, et al., v. City and County of San Francisco, et al.
Continued to March 22, 2005
Supervisor Maxwell, seconded by Supervisor Elsbernd, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin, Sandoval
Absent: 1 - McGoldrick

REGULAR AGENDA

NEW BUSINESS

Recommendations of the Budget and Finance Committee

050213 [To appropriate supplemental funds to fund the SFPUC Water Capital Improvement Program (CIP) for the remainder of fiscal year 2004-2005] Mayor
Ordinance appropriating $21,963,000 of bond sales proceeds from the Water Department to fund the San Francisco Public Utilities Commission's (SFPUC) Capital Improvements Program for fiscal year 2004-05.

(Fiscal impact.)

PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050189 [Camp Mather - Fees Increase] Supervisor Ma
Ordinance amending S.F. Park Code Section 12.01 to increase the Camp Mather cabin and tent site usage fees, amending Park Code Section 12.02 to increase the Camp Mather day use fees, and amending Park Code Section 12.03 to increase the Camp Mather meal fees and making environmental findings. (Recreation and Park Department)
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin, Sandoval
Absent: 1 - McGoldrick

050060 [MUNI Clean Air Plan and Compliance with Proposition I] Supervisor Ammiano
Resolution supporting immediate action to implement MUNI's Clean Air Plan to bring MUNI into compliance with Proposition I by acquiring hybrid electric buses, retiring and replacing outmoded diesel buses and requiring that 100% of the interim diesel fleet be equipped with devices to minimize particulate matter (PM) and NOx (oxides of nitrogen) emissions.

(Fiscal impact.)

Enacted Number: 205-05
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendations of the City Operations and Neighborhood Services Committee

041308 [Regulating the Distribution of Handbills] Supervisor Ma
Ordinance amending Article 5.7 of the Public Works Code by repealing section 184.71, which required persons distributing handbills to register and pay fees, amending section 184.73 to make violation of the ordinance an infraction instead of a misdemeanor, and by renumbering sections 184.71 through 184.77.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050071 [Shopping Cart Signage and Security Requirements] Supervisor Ma
Ordinance amending Part II, Chapter X, of the San Francisco Municipal (Public Works) Code by adding Sections 1410-1414, requiring permanently affixed signs on shopping carts, requiring businesses with carts to post signs prohibiting removal from premises and to secure all carts during hours business is closed.
Continued to March 22, 2005
Supervisor McGoldrick, seconded by Supervisor Ma, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050214 [Authorizing the Human Services to request an Able Bodied Adults without Dependents (ABAWD) Waiver from the State Department of Social Services] Mayor, Supervisor Ammiano
Resolution authorizing the Human Services Agency to request an ABAWD Waiver from the State Department of Social Services.
Enacted Number: 176-05
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendations of the Government Audit and Oversight Committee

050216 [Jail Food Services] Supervisor Sandoval
Resolution authorizing the Sheriff's Department to enter into a contract for jail food services which will require anticipated expenditures by the City and County of more than ten million dollars over a four year period.
Enacted Number: 190-05
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050217 [Proposition J Certification for Jail Food Services] Supervisor Sandoval
Resolution approving the Controller's certification that county jail food service management operations can practically be performed by a private contractor at a lower cost than if work were performed by City employees at budgeted levels.
Enacted Number: 186-05
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendation of the Land Use Committee

041745 [Regulating Skateboard Riding] Supervisor Ma
Ordinance amending the San Francisco Traffic Code by amending section 100 (Ord. No. 300-98) so that it no longer applies to skateboard riders; repealing a second section 100 (Ord. No. 385-98); repealing sections 100.1 through 100.6, which established a pilot program regulating roller and in-line skaters that has now expired; and adding a new section 100.1, regulating the riding of skateboards in San Francisco.
Continued to March 22, 2005
Supervisor Ma, seconded by Supervisor Ammiano, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendations of the Rules Committee

041138 [Board of Supervisors to respond on behalf of City departments to orders for the production of City records made under designated state and federal laws] Supervisors McGoldrick, Mirkarimi, Peskin, Ammiano
Ordinance amending the San Francisco Administrative Code, by adding Section 2.20, to authorize the Board of Supervisors to identify as "watch laws" those state or federal laws calling for the disclosure of information or records held by the City, where disclosure could violate of the rights of individuals under the State or Federal Constitutions, and to authorize the Board to respond on behalf of City departments to orders for the production of City information or records made under such watch laws.
Supervisor Ammiano requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

041139 [Designating the USA PATRIOT Act as a "watch law" under Charter Section 16.124] Supervisors McGoldrick, Mirkarimi, Peskin, Ammiano
Resolution designating the USA PATRIOT Act as a "watch law" under Charter Section 16.124.
Supervisor Ammiano requested to be added as a co-sponsor.
Enacted Number: 206-05
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050120 [Appointing members to the IHSS Governing Body] Supervisor Maxwell
Ordinance clarifying the process for appointing members to the In-Home Supportive Services Public Authority (IHSS) Governing Body, and adding two additional members (representing the bargaining unit of the union that represents IHSS independent providers, and a consumer at-large who is eighteen years of age or older).
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050179 [Extending the Joint City and School District Select Committee for two years] Supervisors Maxwell, Ma, Ammiano, Peskin
Motion amending Rule 5.7 of the Rules of Order of the Board of Supervisors to extend the Joint City and School District Select Committee through March 1, 2007.
Enacted Number: M05-33
APPROVED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

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

Privilege of the Floor
Supervisor Alioto-Pier, seconded by Supervisor Ma, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Supervisor Alioto-Pier introduced, welcomed and presented a Certificate of Honor to Dana Kethcum, President of the Viking Soccer League.
 

SPECIAL ORDER 4:00 P.M.

041275 [Public Hearing - Appeal of Revised Certificate of Determination of Exemption from Environmental Review - American Buddhist Cultural Society Building located at 1730-1750 Van Ness Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 13, 2004, Case No. 2003.0657E, approving the proposed project to include: a renovation and vertical addition to the existing one-story-plus-mezzanine American Buddhist Cultural Society building; an expanded second level and construction of third and fourth levels for a total of four stories and a total height of approximately 70 feet; and add approximately 16,798 gross square feet (gsf) to the existing building for a total square footage of 27,758 gsf, located at 1730-1750 Van Ness Avenue, Assessor's Block 0622, Lot 019. (Appellant: 1776 Sacramento Street Homeowners Association, represented by the Law Offices of Stephen M. Williams).

(Filed September 9, 2004; companion measure to Files 041276, 041277, 041278; District 3.)

The President inquired as to whether or not a member of the public wished to address the Board.

Continued to April 26, 2005

Supervisor Elsbernd, seconded by Supervisor McGoldrick, moved that this Hearing be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption 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.)

041276 [Affirming the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion affirming the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Continued to April 26, 2005
Supervisor Elsbernd, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

041277 [Disapproving the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion disapproving the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Continued to April 26, 2005
Supervisor Elsbernd, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

041278 [Preparation of findings related to the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Continued to April 26, 2005
Supervisor Elsbernd, seconded by Supervisor McGoldrick, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

SPECIAL ORDER 4:00 P.M

050287 [Public Hearing - Appeal of Final Mitigated Negative Declaration for 606-624 Divisadero Street and 1278 Hayes Street]
Hearing of persons interested in or objecting to the decision of the Planning Department, approving a Final Mitigated Negative Declaration (Case No. 2003.0807E) adopted and issued on November 29, 2004, for the proposed construction of two mixed-use buildings on Divisadero Street and one all-residential building on Hayes Street after demolition of an existing 12,000 gross-square-foot (gsf) building at 616 Divisadero Street, currently used as a church (currently a Baptist Church and before that the Harding Theater). The two proposed buildings on Divisadero Street would be identical 9,615 gsf, four-story, mixed-use buildings each with approximately 2,500 gsf of commercial use on portions of the first two levels, and four residential dwelling units on the remainder of the four floors. The proposed building on Hayes Street would be a 30,631 gsf, four-story building with 10 dwelling units on all four levels. The entire proposed project would include 18 dwelling units, 18 off-street parking spaces, and approximately 5,000 gsf of commercial space in three buildings that would each be four stories, approximately 46 feet in height. Off-street parking for all three buildings would be located in the Hayes Street building. The project site at 616 Divisadero Street (Assessor's Block 1202, Lot 002J) is an L-shaped lot with frontages on both Divisadero and Hayes Streets and is approximately 13,285 square feet. The project site is zoned NC-2 (Small-Scale Neighborhood Commercial and is within a 65-A height and bulk district. (Appellant: Arthur D. Levy of Levy, Ram & Olson LLP Attorneys representing Central City Progressives.)

(Appeal filed February 15, 2005; companion measure to Files 050288, 050289, 050290; District 5.)

Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Hearing be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

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

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

050288 [Finding mitigated negative declaration appeal of 606-624 Divisadero Street/1278 Hayes Street timely]
Motion finding the appeal of the mitigated negative declaration issued on November 29, 2004, for 606-624 Divisadero Street/1278 Hayes Street timely filed. (Clerk of the Board)
Continued to April 12,2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050289 [Finding appeal of the mitigated negative declaration for 606-624 Divisadero Street/1278 Hayes Street untimely]
Motion finding the appeal of the negative declaration issued on November 29, 2004 for 606-624 Divisadero Street/1278 Hayes Street not timely filed. (Clerk of the Board)
Continued to April 12,2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050290 [Preparation of findings related to the timeliness of the mitigated negative declaration appeal for 606-624 Divisadero Street/1278 Hayes Street]
Motion directing the Clerk of the Board to prepare findings related to the timeliness of the mitigated negative declaration appeal for 606-624 Divisadero Street/1278 Hayes Street. (Clerk of the Board)
Continued to April 12,2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

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

050400 [Affirm approval of the mitigated negative declaration for 606-624 Divisadero Street/1278 Hayes Street]
Motion affirming Planning Department adoption of the mitigated negative declaration for 606-624 Divisadero Street/1278 Hayes Street. (Clerk of the Board)
Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050401 [Reversing approval of the negative declaration for 606-624 Divisadero Street/1278 Hayes Street]
Motion reversing the Planning Department approval of the mitigated negative declaration for 606-624 Divisadero Street/1278 Hayes Street. (Clerk of the Board)
Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050402 [Preparation of findings to reverse approval of the mitigated negative declaration for 606-624 Divisadero Street/1278 Hayes Street]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Department's approval of the mitigated negative declaration for 606-624 Divisadero Street/1278 Hayes Street. (Clerk of the Board)
Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050087 [14. Public Hearing - Conditional Use Appeal for 606-624 Divisadero Street and 1278 Hayes Street]
Hearing of persons interested in or objecting to the Planning Commission by its Motion No. No.16921 dated December 9, 2004, approving Conditional Use Application No. 2003.0807CEK, subject to certain conditions, allowing the development of a lot greater than 9,999 square feet and the creation of parking in amounts greater than accessory on a lot in an NC-2 (Small Scale Neighborhood Commercial) District and a 65-A Height and Bulk District, on property located at 606-624 Divisadero Street and 1278 Hayes Street, northeast corner of Divisadero and Hayes Streets; Lot 002J, Assessor's Block 1202. (Appellant: David Tornheim, representing the Central City Progressives.)

(Filed 1/10/05; companion measure to Files 050087, 050088, 050089, 050090, 050091; District 5.)

Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Hearing be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

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

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

050088 [Appeal, Conditional Use - 606-624 Divisadero Street and 1278 Hayes Street]
Motion approving decision of the Planning Commission by its Motion No. 16921, approving Conditional Use Application 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050089 [Appeal, Conditional Use - 606-624 Divisadero Street and 1278 Hayes Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16921, approving Conditional Use Application 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street. (Clerk of the Board)
Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050090 [Findings - 606-624 Divisadero Street and 1278 Hayes Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street, for action by the Board at its next meeting. (Clerk of the Board)
Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050091 [Environmental Review - 606-624 Divisadero Street and 1278 Hayes Street]
Motion certifying review of Final Negative Declaration relating to proposed Conditional Use of Property at 606-624 Divisadero Street and 1278 Hayes Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to April 12, 2005
Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

COMMITTEE REPORTS

050318 [Appointment, Public Utilities Commission - Ann Moller Caen] Mayor
Motion approving the Mayor's appointment of Ann Moller Caen to the Public Utilities Commission, for the term ending January 15, 2009.

Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - February 18, 2005.

Enacted Number: M05-34
APPROVED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

ROLL CALL FOR INTRODUCTIONS
Pursuant to the Board of Supervisors Rule No. 3.9

Supervisor Mirkarimi provided the Board an update on LAFCo on which he represents the Board of Supervisors.

Supervisor Ammiano provided the Board an update on the Metropolitan Transportation Commission on which he represents the Board of Supervisors.

Supervisor McGoldrick provided the Board updates on California State Association of Counties and Bay Area Air Quality Management District Board.

 

PUBLIC COMMENT
Abdullah Megaheed; showed interest in homeless issues

Jean Lynch; expressed gratitude to the Board members for finding housing for a citizen

James Chaffee; expressed interest in SF Library

Female speaker from Alice Griffith Housing; expressed concern with Police brutality

Ernestine Weiss; expressed concern regarding Police staffing

John; expressed concern regarding verbal violence in society

Mary T. Blatten; expressed concern over the suicides committed off the Golden Gate Bridge

Kathy Morgan Clark, Local 9410; expressed concern of SBC relocation of jobs

John Hronowski; expressed concern of SBC relocation of jobs

Denie Senhaux; expressed concern of SBC relocation of jobs

Eve Myer; SF Suicide Prevention; expressed concern over the suicides committed off the Golden Gate Bridge

Jo Ann Walls; expressed concern of SBC relocation of jobs

Male Speaker; expressed concern of SBC relocation of jobs

Male Speaker; expressed concern of the condition of a statue in Golden Gate Park

President of Local 9410, expressed concern of SBC relocation of jobs

 

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.

050360 [San Francisco's First Annual Spring Cleaning Day] Supervisors Alioto-Pier, Elsbernd
Resolution declaring Saturday, March 19, 2005 as San Francisco's First Annual Spring Cleaning Day.
Supervisor Elsbernd requested to be added as a co-sponsor.
Enacted Number: 185-05
ADOPTED
 

050361 [Zoning - Extension of Planning Commission Review Period] Supervisor Ammiano
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code to define a single room occupancy unit as a unit that is affordable to very low income or extremely low income households.
Enacted Number: 184-05
ADOPTED
 

050364 [Urging the Social Security Administration to Refrain from Closing the Western Addition Field Office] Supervisor Mirkarimi
Resolution urging the Social Security Administration to refrain from closing the Western Addition Social Security Office.
Enacted Number: 198-05
ADOPTED
 

050385 [Supporting Assembly Bill 1147 - California Industrial Hemp Farming Act] Supervisor Mirkarimi
Resolution urging the California Assembly and Senate and the Governor of California to support Assembly Bill 1147 (AB1147), introduced by Assemblyman Mark Leno, the "The California Industrial Hemp Farming Act".
Enacted Number: 204-05
ADOPTED
 

050387 [Commending Kathy Thomas-Perry] Supervisor Maxwell
Resolution commending Kathy Thomas-Perry for her dedication, commitment to and leadership of the San Francisco Asthma Task Force.
Enacted Number: 177-05
ADOPTED
 

050388 [Supporting Fair Wages and Working Conditions for All UCSF Workers] Supervisors McGoldrick, Mirkarimi, Ammiano, Sandoval
Resolution supporting fair wages and working conditions for all UCSF workers.
Supervisor Sandoval requested to be added as a co-sponsor.
Enacted Number: 203-05
ADOPTED
 

050391 [Supporting Senate Bill 169] Supervisors Peskin, Alioto-Pier
Resolution expressing support for Senate Bill 169, introduced by Senator Carole Migden, and urging the California State Legislature and Governor to support this measure.
Enacted Number: 207-05
ADOPTED
 

050392 [Greek Independence Day in San Francisco] Supervisors Ma, Mirkarimi, Elsbernd, Sandoval
Resolution declaring March 25, 2005 as "Greek Independence Day" in the City and County of San Francisco.
Supervisors Elsbernd and Sandoval requested to be added as co-sponsors.
Enacted Number: 183-05
ADOPTED
 

050393 [United Irish Cultural Center 30th Anniversary] Supervisors Ma, Elsbernd, Mirkarimi, Ammiano
Resolution commending the 30th Anniversary of the United Irish Cultural Center.
Supervisor Ammiano requested to be added as a co-sponsor.
Enacted Number: 182-05
ADOPTED
 

050394 [Commending Preschool California] Supervisor Ma
Resolution commending Preschool California's efforts in building momentum toward increasing access to quality preschool to all 4-year-olds in California.
Enacted Number: 202-05
ADOPTED
 

050395 [Mission of Laguna Honda Hospital] Supervisors Elsbernd, Peskin, Mirkarimi, Ma
Resolution urging the Executive Staff of Laguna Honda Hospital to amend the recently revised mission of LHH to include "long term care" as one of the goals of the hospital, and to publicly consult with the Mayor and the Board of Supervisors before any additional changes are made to either the mission or the admissions policy of Laguna Honda Hospital.
Supervisor Ma requested to be added as a co-sponsor.
Enacted Number: 201-05
ADOPTED
 

050396 [Laguna Honda Quarterly Statistics Report] Supervisors Elsbernd, Peskin, Mirkarimi, Ma
Resolution urging the Executive Administrator of Laguna Honda Hospital and Rehabilitation Center to provide, on a quarterly basis, admissions statistics for Laguna Honda Hospital detailing age, ethnicity, and referral information.
Supervisor Ma requested to be added as a co-sponsor.
Enacted Number: 200-05
ADOPTED
 

050397 [Declaring March 11, 2005 to be Sylvester Day] Supervisors Dufty, Ammiano
Resolution declaring March 11, 2005 to be Sylvester Day.
Enacted Number: 181-05
ADOPTED
 

050398 [Declaring March 15, 2005 to be Drug Court Day] Supervisors Dufty, Ma
Resolution declaring March 15, 2005 to be Drug Court Day.
Supervisor Ma requested to be added as a co-sponsor.
Enacted Number: 180-05
ADOPTED
 

050399 [Commending Sydney Gurewitz Clemens] Supervisor Dufty
Resolution commending Sydney Gurewitz Clemens.
Enacted Number: 179-05
ADOPTED
 

050325 [Final Map for a 19 Unit Live Work Condominium Project - 1050 17th Street]
Motion approving Final Map of 1050 17th Street, A Live Work Condominium Project, being a subdivision of Lot 2A in Assessor's Block No. 3948, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 175,212; District 6.)

Enacted Number: M05-35
APPROVED
 

050326 [Final Map for a 5 Unit Residential Condominium Project - 362-362A-364-364A-366 Sanchez Street]
Motion approving Final Map of 362-362A-364-364A-366 Sanchez Street, A Residential Condominium Project, being a subdivision of Lot 14 in Assessor's Block No. 3564, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 175,233; District 8.)

Enacted Number: M05-36
APPROVED
 

050331 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty, Mirkarimi
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
Enacted Number: M05-37
APPROVED
 

The foregoing items were acted upon by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Severed from Without Committee Reference Agenda
Supervisor Elsbernd requested that these matters be severed so that they might be considered separately.
 

050362 [Supporting Golden Gate Bridge Suicide Barrier] Supervisors Ammiano, Maxwell, Mirkarimi, Alioto-Pier, Daly, Dufty, McGoldrick, Peskin
Resolution supporting the need for a suicide barrier on the Golden Gate Bridge to protect the public's health and safety and further urging the Golden Gate Bridge Board Directors to proceed with the design and consultation of a suicide barrier.
Continued to March 22, 2005
Supervisor Elsbernd, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050363 [Full-funding for Wages Plus Program in FY 04/05 and FY 06/07] Supervisors Daly, Ma, Peskin, Ammiano
Resolution urging Mayor to fully fund the Wages Plus Program to ensure that eligible child care providers who have sought approved training and educational units can receive wage increases in FY 04/05 and FY 05/06 as prescribed by the program.
Supervisor Ammiano requested to be added as a co-sponsor.
REFERRED to the Budget and Finance Committee.
 

050386 [Ethics Investigation Disclosure] Supervisor Mirkarimi
Resolution urging the Ethics Commission to unseal and redact records related to the settlement of the case involving late reporting of contributions against Proposition D of 2002.
REFERRED to the Rules Committee.
 

Supervisor McGoldrick requested that this matter be severed so that it might be considered separately.
 

050390 [Opposing H.R. 298] Supervisors Peskin, Ammiano, Daly, Elsbernd
Resolution opposing H.R. 298, a bill sponsored by Rep. Richard Pombo to require the Secretary of the Interior to provide public access to the Farallon National Wildlife Refuge.
Continued to April 19, 2005

Supervisor Elsbernd requested to be added as a co-sponsor.

Supervisor McGoldrick, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

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). For such resolutions to be considered, the Board must first adopt the following two motions.

[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.
Supervisor Sandoval, seconded by Supervisor McGoldrick, moved ADOPTION of the Commendatory Finding. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Noes: 2 - Elsbernd, Ma

[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.
Supervisor Sandoval, seconded by Supervisor McGoldrick, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050429 [Asking the Mayor and the Mayor's Office of Protocol to fly the flag of the United States at half-staff] Supervisor Mirkarimi
Resolution asking the Mayor and the Mayor's Office of Protocol to fly the flag of the United States at half-staff on March 19, 2005 to honor those who have lost their lives in the war on Iraq.
Supervisor Alioto-Pier, seconded by Supervisor Mirkarimi, moved to amend by replacing the word "urging" with "asking".

Motion to amend carried without objection.

Enacted Number: 199-05
ADOPTED AS AMENDED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Supervisor Sandoval noted absent at 4:30 p.m.
 

[Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.
Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved ADOPTION of the Commendatory Finding. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

[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.
Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

050430 [Commending Barry Hermanson] Supervisors Mirkarimi, Ma, Dufty
Resolution commending Barry Hermanson for 25 years of service to San Francisco through the operation of a socially responsible business and declaring March 17, 2005 Barry Hermanson Day in the City and County of San Francisco.
Enacted Number: 178-05
ADOPTED by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

050355 [Lobbyist Ordinance] Supervisors Ma, Mirkarimi
Ordinance amending the Lobbyist Ordinance, Article II, Chapter 1 of the Campaign and Governmental Conduct Code, by adding a new section 2.118 to require persons who do not qualify as lobbyists but who are paid to provide testimony, or pay someone else to provide testimony, at a public hearing of the City and County to disclose the source of the payment.
3/1/05, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 3/31/2005.
3/15/05, SUBSTITUTED. Supervisor Ma submitted a substitute ordinance, correcting a minor clerical error in the title.
3/15/05, ASSIGNED to Rules Committee.

050349 [Bicycle Plan Policy Framework adoption and related General Plan amendments] Mayor, Supervisors McGoldrick, Mirkarimi
Ordinance amending the San Francisco General Plan in connection with the San Francisco Bicycle Plan: Policy Framework; adopting environmental findings and findings that the General Plan amendment is consistent with the General Plan and eight priority policies of Planning Code Section 101.1; adopting the Bicycle Plan: Policy Framework; and authorizing official acts in connection thereto.
3/1/05, RECEIVED AND ASSIGNED to Land Use Committee. 3/3/05, Supervisor Mirkarimi asked to be added as cosponsor.
3/7/05, REFERRED TO DEPARTMENT. Referred to Planning Department and Department of Parking and Traffic for review and comment.
3/8/05, REFERRED TO DEPARTMENT. Referred to Small Business Commission for review and comment.
3/15/05, SUBSTITUTED. The Mayor submitted a substitute ordinance bearing new title.
3/15/05, ASSIGNED to Land Use Committee.

050423 [Expanding the First Source hiring program to apply to contract amendments] Supervisor Peskin
Ordinance amending the San Francisco Administrative Code by amending sections 83.2, 83.4, 83.6, 83.11, and 83.18 to (1) expand the definition of "contract" to include "contract amendments;" (2) to define "contract amendments;" and (3) to correct certain grammatical and typographical errors.
3/15/05, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 4/14/2005.

050426 [Reenacting a Disadvantaged Business Enterprise Program] Supervisor Ammiano
Emergency Ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.
3/15/05, ASSIGNED to Board of Supervisors.

050431 [To re-appropriate bond sales proceeds from 3 capital projects, funded by General Obligation Bonds; and to re-appropriate the bond sales proceeds from 11 projects, funded by Lease Revenue Mayor
Ordinance re-appropriating $15,964,440 from 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond to fund the improvement and construction of parks and open space for 11 neighborhood park projects within the Lease Revenue Bond Capital Program. Projects include Rossi Playground, Fay Park Garden, SOMA Park, Junipero Serra Playground/Clubhouse, Sunnyside Playground/Clubhouse, Sunnyside Conservatory, Rolph Park Clubhouse, Herz Playground/Coffman Pool, Visitacion Greenway Senior Park, Moscone Recreation Center and St. Mary's Playground; and

Re-appropriating $15,964,440 from 11 various projects within the Lease Revenue Bond Capital Program to fund the improvement and construction of parks and open space for 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond program; Moscone Recreation Center - Phase I, Chinese Recreation Center and Larsen Sava Pool.

(Fiscal impact.)

3/15/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050433 [Zoning - North Beach Neighborhood Commercial District] Supervisor Peskin
Ordinance amending the Planning Code to amend sections 121.2, 178, 186.1, 722.21, and 722.46 concerning use size limitation and their relationship to subsequent new uses in the North Beach Neighborhood Commercial District; to amend sections 186.2, 604, and 722.42 to address antiquated provisions concerning specified signs and uses in the North Beach Neighborhood Commercial District; to amend 722.10 to delete provisions superceded by Ordinance No. 20-88; and to make conforming changes to the chart titled "Specific Provisions for the North Beach Neighborhood Commercial District" in Section 722; making findings of consistency with the General Plan and priority policies of the Planning Code Section 101.1; and making environmental findings.
3/15/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 4/14/2005.

050434 [Establishing Graffiti Violation Rewards and Clarifying Uses of Littering and Nuisance Reward Fund Monies] Supervisor Ma
Ordinance amending the San Francisco Administrative Code by amending Section 10.100-234, the Public Works Littering and Nuisance Violation Reward Fund, to reward persons who have provided information leading to the arrest and conviction of persons under California Penal Code Sec. 594 for graffiti vandalism and to clarify uses of fund where a reward is inapplicable or unclaimed.
3/15/05, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 4/14/2005.

050437 [Giving the Landmarks Preservation Board more time to review landmark designations] Supervisors Alioto-Pier, Peskin
Ordinance amending Planning Code Section 1004.2 to allow the Landmarks Preservation Advisory Board sixty (60) days, rather than thirty (30) days, in which to review and report to the San Francisco Planning Commission on proposed landmark designations.
3/15/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 4/14/2005.

050456 [Planning Code - Section 311 Notification] Supervisor McGoldrick
Ordinance amending the San Francisco Planning Code by amending Section 311 to clarify that the project notification requirements apply to building permits for demolition and change in the number of dwelling units as well as to building permits for new construction and alteration and to require that the notification package sent to neighboring property owners include specified information; adopting environmental findings and findings pursuant to Planning Code Section 302.
3/15/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 4/14/2005.

Resolutions

050432 [Grant of Federal Funds] Mayor
Resolution authorizing the Municipal Transportation Agency Board to accept and expend $9,200,000 of Federal Formula Section 5307 Capital Assistance for the purchase of an Overhead Lines Maintenance Facility and for required renovations to the property, excluding administrative overhead costs.
3/15/05, RECEIVED AND ASSIGNED to Land Use Committee.

050435 [Rejecting the Mayor's Offer of a Conditional Waiver] Supervisor Daly
Resolution rejecting the Mayor's offer of a conditional waiver to San Francisco Cycling, LLC for the cost of police services.

(Fiscal impact.) (Supervisor Elsbernd dissenting in Committee.)

3/15/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050438 [Designating the Visitacion Valley Survey Area] Supervisor Maxwell
Resolution designating the Visitacion Valley Survey Area within the City and County of San Francisco pursuant to the California Community Redevelopment Law.
3/15/05, RECEIVED AND ASSIGNED to Land Use Committee.

050439 [Visitacion Valley Strategic Concept Plan] Supervisor Maxwell
Resolution supporting use of the Visitacion Valley Strategic Concept Plan in all planning efforts in Visitacion Valley; urging consideration of this Plan in applicable environmental analyses; and urging affected property owners to embrace the Plan as part of any development proposal and to collaborate with community stakeholders throughout the development process.
3/15/05, RECEIVED AND ASSIGNED to Land Use Committee.

050440 [Letter of Protest against Approval of Proposed PG&E Power Purchase Agreement] Supervisors Ammiano, Mirkarimi
Resolution approving a Protest Letter to the California Public Utilities Commission and the Procurement Review Committee regarding approval of proposed Pacific Gas & Electric Power Purchase Agreements.
3/15/05, RECEIVED AND ASSIGNED to Land Use Committee.

050462 ["Breakfast in the Classroom" Program] Supervisor Maxwell
Resolution urging the San Francisco Unified School District to implement alternative school breakfast programs such as "Breakfast in the classroom" for the next school year.
3/15/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 03/23/05 - Referred to Youth Commission for comment.

050464 [Accessible Web Sites] Supervisors Alioto-Pier, Ma, Daly
Resolution adopting the Mayor's Office on Disability and DTIS Web Site Accessibility Initiatives.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050465 [Initiate the Designation of 2151 Van Ness Avenue, St. Brigid Church, as a Landmark] Supervisors Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Ma
Resolution initiating the designation of 2151 Van Ness Avenue, St. Brigid Church, Block 0575, Lot 015, as a landmark pursuant to Section 1004.1 of the Planning Code.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050466 [Shore-to-Shore Bicycle-Pedestrian-Maintenance Pathway] Supervisors Ammiano, Daly, Mirkarimi, Alioto-Pier, Dufty
Resolution urging the California State Legislature and Metropolitan Transportation Commission to include funding for the West Span Bicycle-Pedestrian-Maintenance Pathway as part of any revenue plan, including a toll increase, intended to pay for the cost overruns related to the East Span replacement project.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050467 [Oscar Anulfo Romero Remembrance Day] Supervisor Ammiano
Resolution declaring March 24, 2005 as Archbishop Oscar Anulfo Romero Remembrance Day in the City and County of San Francisco.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050468 [Victoria Manalo Draves Park] Supervisor Daly
Resolution urging the Recreation and Park Commission to name the new park that is to be built in the old Bessie Carmichael Elementary School site (on Sherman and Folsom) as Victoria Manalo Draves Park.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050469 [Commending LeVella Johnson] Supervisor Dufty
Resolution commending LeVella Johnson for her 35 years of loyal service to the City and County of San Francisco.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050470 [DCYF Community Needs Assessment] Supervisor Ma
Resolution approving the Community Needs Assessment developed by the Department of Children, Youth and their Families in accordance with Section 16.108 of the San Francisco Charter.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050471 [Opposing Tolls for Bicycle and Pedestrian Access on Golden Gate Bridge] Supervisor Mirkarimi
Resolution urging Golden Gate Bridge, Highway, and Transportation District not to levy tolls for bicycling and walking on the Golden Gate Bridge.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050472 [Approving Protest Letter to the California PUC and the Procurement Review Committee Regarding Approval of Proposed PG&E Power Purchase Agreements and Energy Efficiency Programs] Supervisor Mirkarimi
Resolution approving a Protest Letter to the California Public Utilities Commission and the Procurement Review Committee regarding approval of proposed Pacific Gas & Electric Power Purchase Agreements and Energy Efficiency Programs.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050473 [Accept-Expend State Grant] Supervisor Mirkarimi
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $112,000 from the California Department of Conservation for the implementation of an Away From Home Recycling Project in the City and County of San Francisco.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050474 [Endorsing and welcoming the American Friends Service Committee's Eyes Wide Open Exhibit] Supervisors Mirkarimi, Daly
Resolution endorsing and welcoming the American Friends Service Committee's Eyes Wide Open Exhibit to the City and County of San Francisco March 25-27, 2005.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050476 [Arbor Day in San Francisco] Supervisor Peskin
Resolution declaring March 12, 2005 Arbor Day in San Francisco.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050477 [Commending Commissioner Millard Larkin II] Supervisor Maxwell
Resolution commending Commissioner Millard Larkin II for his years of service on the Southeast Community Facility Commission.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050363 [Full-funding for Wages Plus Program in FY 04/05 and FY 06/07] Supervisors Daly, Ma, Peskin, Ammiano
Resolution urging Mayor to fully fund the Wages Plus Program to ensure that eligible child care providers who have sought approved training and educational units can receive wage increases in FY 04/05 and FY 05/06 as prescribed by the program.
3/1/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
3/15/05, REFERRED to Budget and Finance Committee. Supervisor Ammiano requested to be added as a co-sponsor.

050386 [Ethics Investigation Disclosure] Supervisor Mirkarimi
Resolution urging the Ethics Commission to unseal and redact records related to the settlement of the case involving late reporting of contributions against Proposition D of 2002.
3/1/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
3/15/05, REFERRED to Rules Committee.

Requests for Hearing

050425 [Hearing - Emergency Ordinance reenacting a Disadvantaged Business Enterprise Program]
Hearing to consider the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency. (Clerk of the Board)
3/15/05, ASSIGNED to Board of Supervisors. Pursuant to File 050426, Board to sit as a Committee of the Whole on March 29, 2005, at 4:00 p.m.

050441 [Non-Profit Agencies] Supervisor Ammiano
Hearing to inquire into the compliance of Non-Profit agencies that contract with the City and County of San Francisco with the Non-Profit Public Access Ordinance.
3/15/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050442 [Helicopters] Supervisor Ammiano
Hearing to inquire into the local regulation of helicopters flying over residential neighborhoods and to inquire into the policy measures adopted and practiced by news agencies that utilize helicopters to ensure public safety and mitigate noise pollution.
3/15/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050443 [Mayor's Budget Plan] Supervisor Ammiano
Hearing to review the Mayor's most recent budget plan, the Mayor's planned and current spending changes to address the City's current budget deficit.
3/15/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050444 [Slip-resistant Manhole Covers on Sidewalks] Supervisor Peskin
Hearing to review implementation of the recently adopted ordinance requiring slip-resistant manhole covers on sidewalks in San Francisco.
3/15/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

050445 [San Francisco's Civil Service and Human Resource Systems] Supervisor Peskin
Hearing to examine civil service reform efforts in other jurisdictions and discuss current efforts to review and improve San Francisco's civil service and human resource systems.
3/15/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

050446 [San Francisco's Vehicle Fleet Management System] Supervisor Peskin
Hearing to review implementation of San Francisco's vehicle fleet management system.
3/15/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

050447 [Street Resurfacing and Sub-surface Repair Work] Supervisor Peskin
Hearing to examine coordination between various City departments, including the Public Utilities Commission, Department of Public Works and Department of Parking and Traffic, in regards to street resurfacing and sub-surface repair work.
3/15/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

050448 [2005 Budget Analyst Audit of PUC Hetch Hetchy Fund and Water Enterprise Fund] Supervisor Peskin
Hearing on recommendations of the Budget Analyst contained in the recent audit of PUC's Hetch Hetchy Fund and Water Enterprise Fund.
3/15/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 4/6/05 - Letter sent to General Manager, PUC requesting joint reports with Treasure Island Development regarding the Phase III Management Audit. Copies of correspondence sent to Members, Government Audit and Oversight Committee, Budget Analyst, Legislative Analyst and Executive Director Treasure Island Development Authority.

050449 [Status of Assessment Appeals] Supervisor Daly
Hearing on the status of pending assessment appeals filed at the Assessor's Office and pending before the Assessment Appeals Board with emphasis on large aggregate appeals from commercial property and residential apartment property owners.
3/15/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050450 [Service Needs for Children and Youth] Supervisor Daly
Hearing on overall service needs for children and youth in District 6 with special emphasis on youth services in the Tenderloin and South of Market areas.

050451 [Recreation Centers] Supervisor Dufty
Hearing with the Department of Recreation and Parks, the Department of Children, Youth and Their Families and other interested parties to look at opportunities to collaborate and increase the vibrancy of Recreation Centers.
3/15/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 03/23/05 - Referred to Youth Commission for comment.

050452 [Status of Laguna Honda Rebuild Project] Supervisor Elsbernd
Hearing request for the Laguna Honda Management team to present on the status of the rebuild project and also asking the Controller to present findings on the suggested next steps.
3/15/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050453 [Program Opportunities for Out-of-School-Youth] Supervisor Ma
Hearing to identify potential summer program opportunities for out-of-school-youth.
3/15/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 03/23/05 - Referred to Youth Commission for comment.

050454 [Security Breaches at the Port, Golden Gate and Bay Bridges] Supervisor Alioto-Pier
Hearing in closed session with the S.F. Chief of Police to discuss security breaches at the Port of San Francisco, at the Golden Gate Bridge and the Bay Bridge, requested pursuant to the S.F. Sunshine Ordinance 1999 Rule 67.10(a) Closed Session: Permitted Topics.
3/15/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 03/23/05 - Referred to Police Department for comment.

Motions

050422 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050424 [Extending Time for Labor Negotiations to June 30, 2005] Supervisor Elsbernd
Motion extending time for labor negotiations to June 30, 2005, pursuant to Charter Section 11.100.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050428 [Emergency Disadvantaged Business Enterprise Program - March 29, 2005, Committee of the Whole] Supervisor Ammiano
Motion for the Board of Supervisors to convene as a committee of the whole on March 29, 2005, at 4:00 p.m. to accept public testimony concerning the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

050436 [Clerk of the Board to file inactive Charter Amendments] Supervisor Alioto-Pier
Motion amending Rule 5.37 of the Rules of Order of the Board to require the Clerk of the Board to file proposed Charter Amendments that have not been submitted to the voters by the Board for the next election.
3/15/05, RECEIVED AND ASSIGNED to Rules Committee.

050463 [Closed Session - Existing Litigation, Potential Litigation] Supervisor Ammiano
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following bankruptcy matter (Chapter 11) in which the City and County of San Francisco is an active participant, and to consider the possibility of affirmative litigation in light of the status of the bankruptcy matter listed below:

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) and (2) permit this closed session. Discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending lawsuit listed below.

In Re: PACIFIC GAS AND ELECTRIC COMPANY, Debtor
U. S. Bankruptcy Court, Northern District of California, No. 01-30923 DM
Federal I. D. No. 94-0742640
Date Filed: 4/6/01
3/15/05, ASSIGNED to Board of Supervisors. Scheduled for Board consideration March 29, 2005.

050455 [Legislative Analyst Request - Report on Current Restorative Justice Practices] Supervisor Dufty
Motion requesting the Legislative Analyst to research and prepare an in-depth report on current restorative justice practices within the City and County of San Francisco and identifying best practices from other municipalities.
3/15/05, ASSIGNED to Board of Supervisors. Scheduled for Board consideration March 22, 2005.

050475 [Rescheduling the April 5, 2005 Board meeting to 10:00 am] Supervisor Peskin
Motion rescheduling the April 5, 2005 regular meeting of the Board of Supervisors to begin at 10:00 a.m. in the Board Chamber in City Hall on that day.
3/15/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

050328 [Settlement of Lawsuit - Mary Jane Gregory]
Ordinance authorizing settlement of the lawsuit filed by Mary Jane Gregory against the City and County of San Francisco for $30,000.00; the lawsuit was filed on February 13, 2003 in the San Francisco Superior Court, Case No. 417384; entitled Mary Jane Gregory v. City and County of San Francisco, et al.
2/28/05, RECEIVED AND ASSIGNED to Rules Committee.

050329 [Parking Permits]
Ordinance amending San Francisco Traffic Code sections 308, 308.1, 308.3, and repealing section 314, to: clarify the requirements for issuance of Residential Parking Permits; increase parking permit fees for Residential Parking Permits and Health Care Worker Permits to sixty dollars ($60) if purchased in the first six months of the permit year or thirty dollars ($30) if purchased in the last six months of the permit year; increase Educational Institution Permits to sixty dollars ($60) for each permit regardless of the date of purchase or repurchase; increase temporary parking permit fees for Residential Parking Permits to twenty dollars ($20) for each week for up to four weeks or forty dollars ($40) for a four week permit; increase visitor parking permit fees for Residential Parking Permits to five dollars ($5) per day, twenty dollars ($20) for two consecutive weeks, thirty dollars ($30) for three consecutive weeks, forty dollars ($40) for six consecutive weeks, or fifty dollars ($50) for eight consecutive weeks; and, delete previous permit fee amounts. (Municipal Transportation Agency)
3/4/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050370 [Parking Meter Rates]
Ordinance amending the San Francisco Traffic Code by amending Section 203.1 to increase the rate for parking meters in Parking Meter Area Number One to three dollars ($3.00) an hour, by amending Section 203.2 and 203.4 to increase the rate for parking meters in Parking Meter Areas Numbers Two and Four to two dollars and fifty cents ($2.50) an hour, and by amending Section 203.3 to increase the rate for parking meters in Parking Meter Area Number Three to two dollars ($2.00) an hour. (Municipal Transportation Agency)
3/4/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050371 [Contractor Permit Fee]
Ordinance amending San Francisco Traffic Code section 202.C to add a provision that contractor permits may be issued for six consecutive months that begin on December 1st, to delete a provision that no more than five additional contractor permits may be issued to any contractor who is not eligible to apply for exclusive temporary use of parking meter zones, and to increase the contractor parking permit fee from $325 to $500 if purchased in the first six months of the year and from $225 to $250 if purchased in the last six months of the permit year. (Municipal Transportation Agency)
3/4/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050372 [Parking Fine Penalty Schedule]
Ordinance amending San Francisco Traffic Code section 132 to increase penalties for various parking related violations, and to correct the penalties for Vehicle Code sections 22523A and 22523B by decreasing the penalties to $200 and section 22526B by decreasing the penalty to $100. (Municipal Transportation Agency)
3/4/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS

050322 [Authorizing extension of the Emergency Interim Towing Services Agreement] Mayor
Resolution authorizing the Director of Transportation of the Municipal Transportation Agency to enter into a contract amendment extending the term of the Emergency Interim Service Agreement and Property Use License for Towing, Storage and Disposal of Abandoned and Illegally Parked Vehicles by and Between the City and County of San Francisco and TEGSCO, LLC, d.b.a. San Francisco AutoReturn until July 30, 2005 or until a long-term towing services agreement is executed, whichever occurs first. (Parking and Traffic Department)
2/24/05, RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this matter be calendared at the March 17, 2005 meeting.

050330 [Contract between DPH and Triage Consulting Group to provide retroactive claiming of aged accounts services]
Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to continue a contract between the City and County of San Francisco and Triage Consulting Group to provide retroactive claiming of aged accounts services for the period of July 1, 2004 through June 30, 2008. (Public Health Department)
2/22/05, RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this matter be calendared at the March 10, 2005 meeting.

050378 [Traffic Regulations - Bike Lanes]
Resolution enacting bike lanes on Fulton Street.

BIKE LANES - ESTABLISH
Fulton Street, both directions, from Baker Street to Octavia Street. (Municipal Transportation Agency)

(See hard copy for environmental review determination.)

3/4/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 3/28/05 - Advertised in the 4/6/05 edition of the SF Chronicle.

050379 [Traffic Regulations]
Resolution enacting bike lanes and other traffic regulations on Oakdale Avenue.

BIKE LANES - ESTABLISH
Oakdale Avenue, both directions, from Bayshore Boulevard to Selby Street.

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Oakdale Avenue, northside, from Selby Street to 175' easterly.
Oakdale Avenue, southside, from Patterson Street to 100' east of Loomis Street.

LEFT LANE MUST TURN LEFT - ESTABLISH
Oakdale Avenue, eastbound, approaching Selby Street. (Municipal Transportation Agency)

(See hard copy for environmental review determination.)

3/4/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 3/28/05 - Advertised in the 4/6/05 edition of the SF Chronicle.

050403 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "V" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Eastwood Drive, both sides, between Miramar Avenue and San Ramon Way (Unit block).

NO PARKING ANYTIME - RESCIND
TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Putman Street, east side, between Crescent and Tompkins Avenues.

NO PARKING ANYTIME - RESCIND
TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Stevenson Street, south side, between 2nd and New Montgomery Streets.

ONE HOUR PARKING TIME LIMIT, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Alabama Street, west side, from 15th Street to 100 feet northerly.

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Key Avenue, both sides, south of the south property line of 946 Key Avenue and along southern terminus.

NO PARKING ANYTIME - ESTABLISH
Prentiss Street, east side, from Chapman Street to 100 feet northerly.

DIAGONAL (45-DEGREE ANGLE) PARKING - ESTABLISH
Castro Street, east side, between 25th and Jersey Streets (6-month trial).

PARKING METER AREA NO. 1, 30-MINUTE PARKING TIME LIMIT - RESCIND
PARKING METER AREA NO. 1, 2-HOUR PARKING TIME LIMIT - ESTABLISH
Washington Street, both sides, from The Embarcadero to Davis Street.

PARKING METER AREA NO. 1, 30 MINUTE PARKING TIME LIMIT - RESCIND
PARKING METER AREA NO. 1, 2-HOUR PARKING TIME LIMIT - ESTABLISH
Drumm Street, from Washington to Clay Streets.

PARKING METER AREA NO. 1, 30 MINUTE PARKING TIME LIMIT - RESCIND
PARKING METER AREA NO. 1, 2-HOUR PARKING TIME LIMIT - ESTABLISH
Clay Street, from Drumm Street to Davis Street.

TOW-AWAY, NO PARKING ANYTIME - EXTENSION
1300 block of DeHaro Street, west side of median wall, from the projection of the northerly boundary line of #1351-1355 DeHaro Street to 4 feet northerly (4-foot extension).

RESIDENTIAL PERMIT PARKING AREA "I" (2-HOUR TIME LIMIT, 9 AM - 8 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Shotwell Street, both sides, between 25th and 26th Streets (1100 block) (increases the time limit from 1-Hour to 2 Hours).

TOW-AWAY NO STOPPING, 4 PM - 6 PM, MONDAY THROUGH FRIDAY, TAXI ZONE, ALL OTHER TIMES - RESCIND
NO PARKING, TAXI ZONE - ESTABLISH
4th Street, west side, from Minna Street to 150 feet southerly.

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Harriet Street, south side, from Brannan Street property line to 30 feet easterly.

TOW AWAY NO STOPPING, 3 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
Fremont Street, east side, from 219 feet to 349 feet north of Howard Street.

NO PARKING ANYTIME - ESTABLISH
Somerset Street, west side, from Campbell Avenue to 100-feet southerly.

TOW-AWAY, NO STOPPING ANYTIME, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
Turk Street, north side, between Van Ness Avenue and Franklin Street.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Missouri Street, west side, from 80 feet to 130 feet north of 23rd Street.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
O'Farrell Street, south side, from 58 feet west of Van Ness Avenue to 100 feet westerly (to establish a 100-foot bus zone bulb with 12-foot taper at the west
3/7/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 3/28/05 - Advertised in the 4/6/05 edition of the SF Chronicle.

050404 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

MULTIPLE LEFT TURN LANES - RESCIND
Turk Street, westbound, at Gough Street (removing the option to turn left from the middle lane but still requiring the left lane to turn left).

BUSES AND TAXIS ONLY AFTER CANDLESTICK PARK EVENTS - ESTABLISH
Ingerson Avenue, westbound, between Hawes and 3rd Streets.

NO LEFT TURN - ESTABLISH
Lake Merced Boulevard, northbound, at Skyline Boulevard (north leg only).

LEFT LANE MUST TURN LEFT - ESTABLISH
Holloway Avenue, eastbound and westbound, at Junipero Serra Boulevard.

MULTIPLE LEFT TURN LANES - RESCIND
LEFT LANE MUST TURN LEFT - RESCIND
Howard Street, westbound, at 6th Street.

LEFT LANE MUST TURN LEFT EXCEPT BUSES AND TAXIS - ESTABLISH
4th Street, southbound, at Bryant Street.

DIAMOND LANE: LEFT LANE BUSES, TAXIS AND LEFT TURNS ONLY - RESCIND
4th Street, southbound, between Bryant and Townsend Street.

BUSES AND TAXIS ONLY - ESTABLISH
4th Street, southbound, second lane from left at Brannan Street; and
4th Street, southbound, second lane from left at Townsend Street.

LEFT LANE MUST TURN LEFT, RIGHT LANE MUST TURN RIGHT - ESTABLISH
10th Avenue, northbound, approaching Fulton Street.

NO TURN ON RED - RESCIND
Shrader Street at Fell Street. (Parking and Traffic Department)

(3/7/05: 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. 2961.)

3/7/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 3/28/05 - Advertised in the 4/6/05 edition of the SF Chronicle.

050405 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Westgate Drive and Darien Way, installing STOP signs at this intersection, making this intersection an All-Way STOP;
Newhall Street and Quesada Avenue, stopping Newhall Street at Quesada Avenue, making this intersection an All-Way STOP;
4th Avenue and Clement Street, stopping Clement Street at 4th Avenue, making intersection an All-Way STOP;
Wisconsin and 22nd Streets, stopping Wisconsin at 22nd Street making this intersection an All-Way STOP;
Bacon and Hamilton Streets, stopping Bacon Street, making this intersection an All-Way STOP;
Somerset Street and San Bruno Avenue, stopping Somerset Street at San Bruno Avenue, the stem of this Y-intersection;
Octavia Frontage Road, stopping southbound Octavia Frontage Road at Market Street;
Octavia Frontage Road, stopping northbound Octavia Frontage Road at Hayes Street;
Ingalls Street at Armstrong Street, making intersection All-Way STOP;
Jennings Street at Wallace Street, making intersection All-Way STOP;
Hawes Street at Quesada Street, making intersection All-Way STOP; and
Hoff Street at 16th and 17th Streets, stopping the stem of these T-intersections. (Parking and Traffic Department)

(3/7/05: 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. 2961.)

3/7/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 3/28/05 - Advertised in the 4/6/05 edition of the SF Chronicle.

050406 [Accept-Expend State Grant - Vertical Prosecution Program]
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 $290,562 through the California Governor's Office of Criminal Justice Planning (OCJP A301) for the operation of a program entitled "Vertical Prosecution Program." (District Attorney)
3/4/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050407 [Accept-Expend State Grant - Victim & Witness Assistance Program]
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 $562,287 through the California Governor's Office of Emergency Services, Criminal Justice Programs Division, for the operation of a program entitled "Victim & Witness Assistance Program." (District Attorney)
3/4/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Requests Granted
From: Supervisor Ammiano

To: City Attorney

Requesting/Inquiring: To collaborate with the Director of Public Health to inquire into whether funds from Proposition 63, the Mental Health and Service Expansion and Funding Proposition, can be used to contribute to the funding of a feasibility study of the building of suicide barrier on the Golden Gate Bridge.

From: Supervisor Ammiano

To:Dr. Mitch Katz and Gregg Sass, Department of Public Health

Trent Rhorer and Phil Arnold, Department of Human Services

Chief Joanne Hayes-White and Julia Dawson, San Francisco Fire Department

Chief Heather Fong San Francisco Police Department

Sheriff Michael Hennessey, San Francisco Sheriff's Department, Yomi Agunbiade, Department of Recreation and Park Department

Requesting/Inquiring: Departmental March Budget Hearings

To provide a policy and performance based overview of your current year budget and proposed FY 2005-2006 budget submission to the Mayor.

Please prepare a 30-minute presentation that covers the following topics:

March-April Departmental Hearing Agenda

Current year performance (please summarize your data as much as possible)

Policy priorities and program goals supported in the current year budget

Assessment of current community needs (data may be presented from surveys focus groups, or other sources)

Performance (data may be presented from department's performance measures, SFStat, efficiency plans, City Survey's or other established standards.

Current year budget:

Presentation of budget vs actual and summarize the department's plan to address any significant variances

Summary of mid-year budget cuts, including the Budget Analyst mid-year report as a starting point, impacts of the mid-year cuts, such as services reduction, layoffs, or revenue changes.

FY 2005-2006 Budget Proposal:

High level

 

Markham D. Hirt (Supervisor Dufty)

George Photlus Costello (Supervisor Elsbernd)

Helen Finigan (Supervisor Elsbernd)

Anne Carroll Lobre (Supervisor Elsbernd)

Mary Kathleen McDonagh (Supervisor Elsbernd)

Verna M. Rambo (Supervisor Maxwell)

Yolanda West (Supervisor Maxwell)

Philip Lamantia (Supervisor Peskin)

George Livermore (Supervisor Peskin)

 

ADJOURNMENT
There being no further business the Board adjourned at the hour of 4:14 p.m.

Gloria L. Young, Clerk of the Board

N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

Approved by the Board of Supervisors on April 19, 2005.

I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of said Board on the date stated and was approved as recited.

 

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.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
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 translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
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 of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 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.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
ú For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ú For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number is (415) 554-5227.
In order 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 various chemical based products.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. The Sunshine 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 Adele Destro 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 Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

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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