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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 21, 2006
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 2:03 p.m. On the call of the roll all Supervisors were noted present.

There was a quorum.

 

CONSENT AGENDA
 

Recommendations of the Budget and Finance Committee
 

050298 [Repealing Ordinance Number 72-04 Conditionally Designating 690 Market as a Landmark] Supervisor Peskin
Ordinance Repealing Ordinance Number 72-04 Conditionally Designating 690 Market, the Chronicle Building, As Landmark No. 243 under Article 10 of the Planning Code.
Enacted Number: 54-06
FINALLY PASSED
 

060081 [Minor Sidewalk Encroachments - Partial repeal of public right-of-way occupancy assessment fee] Supervisors Alioto-Pier, Dufty, Maxwell
Ordinance amending Public Works Code Section 723.2 to repeal the public right-of-way occupancy assessment fee for specified minor sidewalk encroachments and to delineate those specified minor sidewalk encroachments for which the fee shall apply; and making repeal of the fee for specified encroachments set forth herein retroactive to August 29, 2005.
Enacted Number: 57-06
FINALLY PASSED
 

060216 [To appropriate funding for San Francisco General Hospital operations and capital projects, Laguna Honda Hospital operations and Department of Public Health operations] Supervisors Daly, Mirkarimi
Ordinance appropriating $14,366,156 to the Department of Public Health, including $7,777,353 in surplus health revenues from San Francisco General Hospital (SFGH), de-appropriating $740,000 in General Fund dollars from the SFGH Chiller and Generator capital project, $1,800,000 in transfer from PUC Mayor's Economic Conservation Account (MECA) Fund and $4,048,803 in Laguna Honda Hospital Medical In-Patient Revenue; and appropriating the $7,777,353 in surplus health revenues for SFGH salaries, non-personnel services, and capital improvements to the SFGH Service Building, and re-appropriating $740,000 to the Service Building Seismic Retrofit capital project, $1,800,000 for the SFGH Chiller/Generator project and appropriating $3,998,803 for salaries, and non-personnel at Laguna Honda Hospital and $50,000 in salaries at Department of Public Health.

(Fiscal impact.)

Enacted Number: 53-06
FINALLY PASSED
 

060254 [Public Employment - Department of Public Health] Mayor
Ordinance amending Ordinance No. 2004-05 (Annual Salary Ordinance No. 204-05 (Annual Salary Ordinance 2005/2006) to reflect the creation of one position in the Department of Public Health.
Enacted Number: 56-06
FINALLY PASSED
 

Recommendations of the City Operations and Neighborhood Services Committee
 

060046 [Liquor License - 1141 Polk Street]
Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Raimondo Morrone for Space Gallery located at 1141 Polk Street, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.
Enacted Number: 158-06
ADOPTED
 

060057 [Liquor License, 1168 Folsom Street]
Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Craig Wathen, for City Beer Store located at 1168 Folsom Street, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.
Enacted Number: 159-06
ADOPTED
 

060186 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ), for Police Department computing environment and network infrastructure] Supervisor Ma
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $986,643 from the U.S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS Office) for the purpose of renovating the Police Department computing environment and network infrastructure for the new Records Management System (RMS) application. The new system will provide a more efficient work environment, more accurate information and enhanced safety for both the public and officers.
Enacted Number: 154-06
ADOPTED
 

060187 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ), for Violence Prevention Plan] Supervisor Ma
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $248,170 from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) through a subcontract with the University of California-San Francisco (UCSF) for the purpose of developing a city-wide Violence Prevention Plan.
Enacted Number: 141-06
ADOPTED
 

060228 [Grant to develop clinical guidelines for HIV positive transgender persons] Supervisors Dufty, Ammiano
Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept retroactively and expend a new federal grant in the amount of $110,343 from the Health Resources and Services Administration (HRSA) to develop clinical guidelines for HIV positive transgender persons, and to enter into an agreement for the use of these funds; for the period of September 30, 2005, to September 29, 2006.
Enacted Number: 155-06
ADOPTED
 

Recommendations of the Rules Committee
 

060151 [Implementation of Proposition H, which prohibits the sale, manufacture or distribution of firearms and limits possession of handguns within CCSF, by placement in the Police Code and by Mayor
Ordinance implementing Proposition H, which was enacted by the voters on November 8, 2005, and which prohibits the sale, distribution, transfer, and manufacture of firearms and ammunition and limits possession of handguns within the City and County of San Francisco, by placing the text of Proposition H in the Police Code and by enacting penalties for its violation.
Enacted Number: 55-06
FINALLY PASSED
 

060164 [Settlement of Lawsuit - CCSF v. ARCO et al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Airport Group International (AGI) for the payment to the Airport of environmental clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal). (City Attorney)
Enacted Number: 51-06
FINALLY PASSED
 

060245 [Settlement of Lawsuit - Tutor Saliba Corporation, et al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, and City Attorney Dennis J. Herrera on behalf of the People of the State of California, against Ronald N. Tutor, Tutor-Saliba Corporation, Tutor-Saliba-Perini & Buckley, J.V., Perini Corporation, Buckley & Company, Inc., American Home Insurance Company, Fidelity and Deposit Company of Maryland, Swiss Reinsurance America Corporation and Aetna Casualty and Surety Company, filed on November 1, 2002 in the United States District Court, Northern District of California, Case No. 02-5286 CW (EMC), entitled City and County of San Francisco, et al., v. Tutor-Saliba Corporation, et al.; and the lawsuit filed by Tutor-Saliba Corporation against Dennis J. Herrera, Tutor-Saliba Corporation v. Herrera; filed on February 19, 2004 in San Francisco Superior Court, Case No. Civ. 434144, California Court of Appeal Case No. A0 108712, for payment by the Tutor Defendants of $19,000,000 to the City and County of San Francisco. Other material terms of said settlement are: (1) payments to be made by Tutor-Saliba Corporation or Tutor-Saliba Perini & Buckley, J.V. to the City and County of San Francisco as follows: $8,000,000 to be paid by June 30, 2006, $3,000,000 to be paid by June 30, 2007, $3,000,000 to be paid by June 30, 2008, and $5,000,000 to be paid by June 30, 2009. (City Attorney)
PASSED, ON FIRST READING
 

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

 

REGULAR AGENDA
 

UNFINISHED BUSINESS
 

Vetoed by the Mayor
 

051453 [Off-Street Parking In C-3 Zoning Districts] Supervisors Peskin, Daly
Ordinance amending the San Francisco Planning Code by amending Sections 151, 151.1, 154, 155, 155.5, 161,166, and 167 to impose new requirements in C-3 Zoning Districts regarding permitted off-street parking and loading, allowed off-street freight loading and service vehicle spaces, bicycle parking, car sharing, to separate parking costs from housing costs, to exempt from the legislation projects that received final Planning Department or Planning Commission approval and submitted complete site permit applications prior to the effective date of the legislation, to require the Planning Department to undertake a study of downtown parking issues, and adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days of the date of the veto. The Mayor vetoed the Ordinance on March 10, 2006. Therefore, the Board will loose the ability to override the veto unless it votes on the veto override on or before April 10, 2006.

Consideration of the Mayor's Veto.

Motion to override the Mayor's veto failed by the following vote:

Ayes: 7 - Ammiano, Daly, Maxwell, McGoldrick Mirkarimi, Peskin, Sandoval

Noes: 4 - Alioto-Pier, Dufty, Elsbernd, Ma

 

 

Recommendation of the Budget and Finance Committee
 

060076 [To appropriate $5,216,754 to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for DPW for Fiscal Year 2005-06] Mayor
Ordinance appropriating $5,216,754 of Fiscal Year 2005-2006 State Traffic Congestion Relief Funds to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for the Department of Public Works for Fiscal Year 2005-2006.

(Fiscal impact.)

Enacted Number: 50-06
FINALLY PASSED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

 

NEW BUSINESS
 

Recommendations of the Budget and Finance Committee
 

060226 [To appropriate $6,565,452 to fund the Juvenile Hall Youth Guidance Center Project construction, and to appropriate $1,900,000 for Fire Station No. 24 for the Department of Public Works for Mayor
Ordinance appropriating $6,565,452, including the de-appropriation of $1,900,000 from the Earthquake Safety Improvement Bonds Phase 1 proceeds, $2,591,458 from the Juvenile Hall Replacement Project COP Reserve/Surety Bond Funds, $1,503,000 from General Fund Capital Program Projects, $453,000 from workers' compensation savings, and $117,994 from Juvenile Hall California Youth Authority General Fund operational savings, to fund the City and County of San Francisco Juvenile Hall Youth Guidance Center Project construction. Additionally, appropriating $1,900,000 of Fire Bond proceeds to fund construction expenses for Fire Station No. 24 for the Department of Public Works for Fiscal Year 2005-2006.

(Fiscal impact.) (Supervisors Daly and Peskin dissenting in committee.)

PASSED ON FIRST READING by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Sandoval
Noes: 2 - Daly, Peskin

060208 [Authorize payment of performance fees and for final closeout of the Water Infrastructure Partners contract for an amount not to exceed $487,726]
Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to pay performance fees for Contract Year No. 4 for final closeout of the Agreement with the Water Infrastructure Partners for an amount not to exceed $487,726. (Public Utilities Commission)

(Fiscal impact.)

Enacted Number: 161-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendation of the Rules Committee
 

051962 [Membership in the Asthma Task Force] Supervisor Maxwell
Ordinance amending Sections 19A.20 and 19A.23 of the San Francisco Administrative Code to reduce the number of voting members in the Asthma Task Force from 20 to 15 members, modify the list of non-voting members from City agencies, and extend the Task Force expiration date to June 30, 2008.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

SPECIAL ORDER 3:00 P.M.
 

060136 [Public Hearing]
Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, for property located at 1101 Persia Avenue the costs thereof having been paid for out of a revolving fund. (Clerk of the Board)
The President inquired as to whether or not any member of the public wished to address the Board members.

Harry Gulbengay, representative of the Department of Public Works

Anthony Lincoln, Property Owner, 1101 Persia Avenue

Board requested that the staff representative from the Department of Public Works review issues raised by the property owner during the next week to seek resolution to this matter.

Continued to March 28, 2006.

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

060137 [Report of assessment costs for sidewalk and curb repairs]
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund.

(DPW Order No. 175,878; Location: 220 Jones Street)

Question divided by deleting the property located at 1101 Persia Avenue and considering it separately under File 060403.
Enacted Number: 160-06
ADOPTED AS DIVIDED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

060403 [Report of assessment costs for sidewalk and curb repairs]
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, for property located at 1101 Persia Avenue the costs thereof having been paid for out of a revolving fund.

(DPW Order No. 175,878; Location: 1101 Persia Avenue.)

Continued to March 28, 2006
Supervisor Maxwell, seconded by Supervisor McGoldrick, 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

 

Recess

The Board recessed at the hour of 2:52 p.m.

Reconvening of the Board

The Board reconvened at the hour of 3:00 p.m.

Calling the Roll

The following Supervisors were noted present: Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval - 11

 

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

Privilege of the Floor
Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to suspend Rule 4.37 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 Mirkarimi introduced, welcomed and presented a Certificate of Honor to Sandy Mori in recognition of her efforts to save Japan Town.

Supervisor Maxwell introduced, welcomed and presented Certificates of Honor to members of the Black Swim Team.

 

Recess

The Board recessed at the hour of 3:25 p.m.

Reconvening of the Board

The Board reconvened at the hour of 4:02 p.m.

Calling the Roll

The following Supervisors were noted present: Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin - 8

Supervisor Ammiano was noted present at 4:03 p.m.

Supervisor Sandoval was noted present at 4:05 p.m.

Supervisor Alioto-Pier was noted present at 4:06 p.m.

 

 

SPECIAL ORDER 4:00 P.M.
 

Board of Supervisors Sitting as a Committee of the Whole
 

060348 [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)
The President inquired as to whether or not any member of the public wished to address the Board members.

Todd Lewis, Mega Pacific Electric Supplies, support of legislation

Warren Selstrom, Lawyers Committee for Civil Rights, support of legislation and requested permanent legislation be passed

Eileen Hernandez; support of legislation

Karen Woo, Asian, Inc.; support of legislation

The President declared the public hearing closed.

HEARD AT PUBLIC HEARING.
 

 

Committee of the Whole Adjourn and Report Without Recommendation
 

060349 [Reenacting a Disadvantaged Business Enterprise Program] Supervisor Ma
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.
Enacted Number: 52-06
FINALLY PASSED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

COMMITTEE REPORTS
 

060316 [Accept-Expend Federal and State Grants for Voting Equipment] Supervisor Mirkarimi
Resolution approving the application for funds under the federal Help America Vote Act of 2002 ("HAVA"), Section 301, and Proposition 41 authorizing the San Francisco Department of Elections to accept and expend grants in an amount not to exceed $3.5 million from the California Secretary of State for utilization of Elections Systems & Software's ("ES&S") AutoMARK in the June 6, 2006 election.
Enacted Number: 156-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

 

ROLL CALL FOR INTRODUCTIONS
 

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

Dr. Ahimsa Porter Sumchai; expressed concern about the Laguna Honda Special Use District

James Chaffee; expressed concern with library issues

Walter; showed interest in miracles

Eugene Gordon, Jr.; expressed concerns with issues related to human rights conditions

Mr. Zekeechee; expressed concern about concentration camps involving Falun Gong practitioners

Ken Johnson; showed interest in Wealth Awareness Week

 

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.
 

060359 [Emergency Disadvantaged Business Enterprise Program - March 21, 2006, Committee of the Whole] Supervisor Ma
Motion for the Board of Supervisors to convene as a committee of the whole on March 21, 2006, 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.
Enacted Number: M06-31
APPROVED
 

060340 [Urging Governor Schwarzenegger to submit amicus brief to New York Supreme Court of Appeals in support of the right of same-sex civil marriage] Supervisor Ammiano
Resolution urging Governor Schwarzenegger to submit an amicus brief to the New York Court of Appeals in support of the right of same-sex civil marriage.
Enacted Number: 166-06
ADOPTED
 

060356 [Urging Cardinal Levada to withdraw his directive to Catholic Charities forbidding the placement of children in need of adoption with same-sex couples] Supervisors Ammiano, Dufty, Alioto-Pier, Mirkarimi, Ma, Daly
Resolution urging Cardinal William Levada, in his capacity as head of the Congregation for the Doctrine of the Faith at the Vatican, to withdraw his discriminatory and defamatory directive that Catholic Charities of the Archdiocese of San Francisco stop placing children in need of adoption with homosexual households.
(Supervisors Ma and Daly added as co-sponsors.)
Enacted Number: 168-06
ADOPTED
 

060357 [Administration of the South of Market (SOMA) Community Stabilization Fund] Supervisor Daly
Resolution approving support for the Mayor's Office of Community Development to administer the SOMA Community Stabilization Fund.

(Fiscal impact.)

Enacted Number: 162-06
ADOPTED
 

060358 [Commending Peter Tannen for his leadership in the Bicycle Program] Supervisor Dufty
Resolution commending Peter Tannen for his leadership in the Bicycle Program and his successful initiation of the Bike Plan creating safety measures dedicated to improve the streets of San Francisco and the safety of its bicyclists.
Enacted Number: 163-06
ADOPTED
 

060360 [Social Workers Month] Supervisor Peskin
Resolution proclaiming the month of March 2006 as Professional Social Work Month.
Enacted Number: 164-06
ADOPTED
 

060362 [Supporting Senate Bill 1749 - Transit Fare Evasion] Supervisor Peskin
Resolution endorsing Senate Bill 1749, a measure aimed at assisting the MTA in collecting greater revenues from minor transit citations, and urging its passage in the California State Legislature.
Enacted Number: 165-06
ADOPTED
 

060363 [Protect California State Park Lands] Supervisor Peskin
Resolution requesting the Foothill/Eastern Transportation Corridor Agency immediately and permanently withdraw its plans to construct a toll road through the San Onofre State Beach and urging the Director of Public Finance to refrain from acquiring any bonds for, or making other financial investments in, the Toll Road project.
Enacted Number: 167-06
ADOPTED
 

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 the Without Reference to Committee Agenda
Supervisor Peskin requested that this matter be severed so that it might be considered separately.
 

060361 [National Biological Foundry] Supervisors Peskin, Alioto-Pier
Resolution endorsing the application to the United States Department of Energy by the California Council on Science and Technology to establish a National Biological Foundry in San Francisco.
Supervisor Dufty, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

ADOPTED AS AMENDED 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."
Supervisor Ammiano, seconded by Supervisor Elsbernd, moved ADOPTION of the Serious Injury Finding. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, 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 Ammiano, seconded by Supervisor Elsbernd, 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

060371 [Condemning upcoming rally to be held by anti-abortion groups in front of City Hall on Friday, March 24, 2006] Supervisors Ammiano, Ma, Maxwell, Daly, Peskin, Mirkarimi
Resolution condemning upcoming rally to be held by anti-abortion groups in front of City Hall on Friday, March 24, 2006.
Enacted Number: 180-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

OFF-AGENDA LEGISLATION
 

Introduced by Supervisors or Mayor
 

Ordinances
 

041005 [Pedestrian Protections] Supervisor Ma
Ordinance adding Sections 73, 73.1, 75, and 79 to the San Francisco Traffic Code to require the Director of Parking and Traffic to: (1) install countdown pedestrian signals, (2) designate specific crosswalk signal crossing times, and (3) upon the recommendation of the Pedestrian Safety Advisory Committee, install one hundred signs a year for three years informing the public regarding prohibited sidewalk activities; adding Sections 703.3, 703.4, and 703.5 to the San Francisco Public Works Code to require the Director of Public Works to install: (1) corner curb bulb-outs at the intersections of Dr. Carlton B. Goodlett Place with McAllister and Grove Streets, as permitted by state and local law, by June 30, 2007, and (2) ADA compliant curb-cut ramps on every sidewalk corner in the City by June 30, 2014; and providing that the requirements and schedules for installation of certain devices and improvements shall be considered for inclusion in the San Francisco Pedestrian Master Plan and that funding may be sought through the Proposition K Expenditure Plan.

(03/21/06 in Board: Supervisor Ma submitted a substitute ordinance bearing new title. Fiscal impact.)

7/13/04, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 8/12/2004.
8/11/04, REFERRED TO DEPARTMENT. Referred to Department of Parking and Traffic for environmental review.
12/7/04, SUBSTITUTED. Supervisor Ma submitted a substitute ordinance bearing new title.
12/7/04, ASSIGNED to Land Use Committee.
12/9/04, REFERRED TO DEPARTMENT. Referred to Department of Parking and Traffic for environmental review.
12/10/04, REFERRED TO DEPARTMENT. Referred to Department of Parking and Traffic as a courtesy.
12/15/04, REFERRED TO DEPARTMENT. Referred to Planning Department (Interim Director of Planning) for environmental review.
12/17/04, REFERRED TO DEPARTMENT. Referred to Planning Department (Environmental Review Officer) for environmental review.
12/20/04, RESPONSE RECEIVED. DPT responding that item is not under their purview.
12/20/04, TRANSFERRED to Finance and Audits Committee.
12/22/04, RESPONSE RECEIVED. Planning Department environmental review; categorically exempt.
1/31/05, TRANSFERRED to Budget and Finance Committee. New committee structure effective 2/7/05.
2/1/05, TRANSFERRED to Land Use Committee.
2/1/05, SUBSTITUTED. Supervisor Ma submitted a substitute ordinance bearing new title.
2/1/05, ASSIGNED to Land Use Committee.
3/9/05, TRANSFERRED to Budget and Finance Committee.
12/29/05, FILED PURSUANT TO RULE 5.37.
3/7/06, REACTIVATED PURSUANT TO RULE 5.23. Supervisor Ma requested this matter be reactivated. 3/8/06 - Supervisor Mirkarimi requested to be added as co-sponsor.
3/7/06, ASSIGNED to Land Use and Economic Development Committee.
3/21/06, SUBSTITUTED. Supervisor Ma submitted a substitute ordinance bearing new title.
3/21/06, ASSIGNED to Land Use and Economic Development Committee.
 

060367 [Adding qualified non-profit enterprises to Small Local Business Enterprise Program] Supervisor Ammiano
Ordinance amending the San Francisco Administrative Code by adding Section 14B.6 to add qualified non-profit enterprises to Small and Micro Local Business Enterprise Program.
3/21/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060372 [Off-Street Parking In C-3 Zoning Districts And For Bicycles and Car Share] Supervisor Peskin
Ordinance amending the San Francisco Planning Code by amending Sections 102.9, 151, 151.1, 154, 155, 155.5, 161, 166, 167 and 309 to impose new requirements in C-3 Zoning Districts regarding permitted off-street parking and loading, allowed off-street freight loading and service vehicle spaces and to separate parking costs from housing costs, to impose new requirements for parking for bicycles and car share vehicles, to exempt from the legislation projects that received final Planning Department or Planning Commission approval and submitted complete site permit applications prior to the effective date of the legislation, to require the Planning Department, the Municipal Transportation Agency and the County Transportation Agency to undertake a study of downtown parking issues, and adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.
3/21/06, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
 

Resolutions
 

060365 [Proposition J Certification, Bad Checks Restitution Program Services] Supervisor Dufty
Resolution concurring with the Controller's certification that the Bad Checks Restitution Program can be practically performed by a private contractor for a lower cost than similar services performed by city and county employees.

(Supervisors Daly and Mirkarimi dissented in committee.)

3/21/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
 

060366 [General Advertising Signs - Extension of Planning Commission Review Period] Supervisor Peskin
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the San Francisco Administrative Code by adding Section 2.21 to establish a General Advertising Sign Relocation Procedure; to amend the San Francisco Planning Code by amending Section 303 to add criteria for the Planning Commission's approval of a general advertising sign relocation site, adding Section 358 to establish fees for the Planning Commission's review of General Advertising Sign Inventories and proposed Relocation Agreements, amending Section 604 to prohibit general advertising signs that have been removed from being replaced on the same site, adding Section 604.2 to require general advertising sign companies to maintain and submit to the City current inventories of their signs, and amending Sections 1005 and 1111.7 to prohibit the relocation of new general advertising signs to Historic Districts or Conservation Districts or on an historic property regulated by Articles 10 and 11 of the Planning Code; and to adopt findings including environmental findings and findings of consistency with the Priority Policies of Planning Code Section 101.1 and the General Plan.
3/21/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060371 [Condemning upcoming rally to be held by anti-abortion groups in front of City Hall on Friday, March 24, 2006] Supervisors Ammiano, Ma, Maxwell, Daly, Peskin, Mirkarimi
Resolution condemning upcoming rally to be held by anti-abortion groups in front of City Hall on Friday, March 24, 2006.
3/21/06, ADOPTED.
 

060373 [Traffic Regulations] Supervisor Peskin
Resolution enacting and rescinding traffic regulations on various streets.

BICYCLE LANES - ESTABLISH
North Point Street, both directions, from Van Ness Avenue to The Embarcadero.

RIGHT LANE MUST TURN RIGHT - RESCIND
North Point Street, eastbound approaching The Embarcadero.

LEFT LANE MUST TURN LEFT - RESCIND
North Point Street, eastbound approaching The Embarcadero.

(3/17/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)

3/21/06, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
 

060374 [Parking Regulations] Supervisor Peskin
Resolution enacting and rescinding parking regulations at various locations.

MUNI BUS ZONES - EXTEND
North Point Street, north side, from 60 feet to 100 feet west of Polk Street (a 40-foot extension, creating a 100-foot bus zone),
North Point Street, north side, from 70 feet to 120 feet east of Hyde Street (a 50-foot extension, creating a 120-foot bus zone),
North Point Street, south side, from 86 feet to 120 feet west of Hyde Street (a 34-foot extension, creating a 120-foot bus zone),
North Point Street, south side, from 80 feet to 100 feet west of Jones Street (a 20-foot extension, creating a 100-foot bus zone),
North Point Street, north side, from 75 feet to 80 feet west of The Embarcadero (a 5-foot extension, creating a 80-foot bus zone), and
North Point Street, south side, from 80 feet to 100 feet west of The Embarcadero (a 20-foot extension, creating a 100-foot bus zone).

MUNI BUS ZONES - RESCIND
North Point Street, north side, from Larkin Street to 75 feet easterly, and south side, from Larking Street to 60 feet westerly.

(3/17/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)

3/21/06, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
 

060381 [Diabetes Awareness Day] Supervisors Ma, Dufty
Resolution recognizing March 28, 2006 as "Diabetes Awareness Day".
3/21/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060382 [World Water Day] Supervisor Ma
Resolution recognizing March 22, 2006 as World Water Day.
3/21/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060383 [Supporting Senate Bill 1414-California Fair Share Healthcare Act] Supervisor Ma
Resolution supporting SB 1414, the California Fair Share Health Care Act.
3/21/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060384 [Declaring April 8, 2006 as Ruth May Maginnis Day in San Francisco] Supervisor McGoldrick
Resolution declaring April 8, 2006 as Ruth May Maginnis Day in San Francisco.
3/21/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060385 [Old Mint; Transferable Development Rights] Supervisor Peskin
Resolution authorizing the director of property for the City and County of San Francisco to execute and cause to be recorded a Certificate of Transfer and to take such other actions as may be necessary to effectuate the transfer of development rights from the Old Mint pursuant to Planning Code Section 128.
3/21/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

Requests for Hearing
 

060369 [Hearing - Formation of a community facilities district in connection with the Rincon Hill Downtown Residential District]
Hearing to consider the approval to accept public testimony regarding the potential recommendation of the formation of a community facilities district and the issuance of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations related to the Rincon Hill Downtown Residential District.
3/21/06, ASSIGNED to Board of Supervisors. Board to sit as a Committee of the Whole on April 4, 2006 at 3:00 p.m..
 

060377 [Shelter Monitoring Committee] Supervisor Mirkarimi
Hearing to continue the hearings of the quarterly reports of the Shelter Monitoring Committee in the Rules Committee, originally heard under File No. 051713 of Supervisor Alioto-Pier.
3/21/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060378 [Overview of the General Services Agency, Human Services Agency, and the Department of Public Health policy objectives for FY 2006-2007.] Supervisor Daly
Hearing to consider the overview of the General Services Agency, Human Services Agency, and the Department of Public Health policy objectives for FY 2006-2007.
3/21/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
 

060379 [Overview of Police Department, Fire Department, and Recreation and Parks Department policy objectives for FY 2006-2007] Supervisor Daly
Hearing to consider the overview of Police Department, Fire Department, and Recreation and Parks Department policy objectives for FY 2006-2007.
3/21/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
 

Motions
 

060370 [Committee of the Whole - April 4, 2006 - Formation of a community facilities district in connection with the Rincon Hill Downtown Residential District] Supervisor Daly
Motion to sit as a Committee of the Whole on April 4, 2006 at 3:00 p.m. to accept public testimony regarding the potential recommendation for approval of the formation of a community facilities district and the issuance of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations related to the Rincon Hill Downtown Residential Disrict.
3/21/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

Charter Amendment
 

060380 [Authorizing members of the Board of Supervisors and other boards and commissions to participate in meetings by teleconferencing when physically unable to attend due to pregnancy or Supervisor Alioto-Pier
Charter Amendment (First Draft) to amend Sections 2.103 and 4.104 to allow members of the Board of Supervisors and other boards and commissions to participate in meetings by teleconferencing or other electronic means when physically unable to attend due to pregnancy or childbirth.
3/21/06, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 4/20/2006. (3/24/06 - Referred to City Attorney for approval as to form.)
 

PROPOSED ORDINANCES
 

PROPOSED RESOLUTIONS
 

060298 [Street Encroachment at 1310 Stanyan Street]
Resolution granting revocable permission to Kieran J. Woods to occupy a portion of the public right-of-way to construct a privately maintained driveway, including a low retaining wall, a stepped entry path, landscaping and other related improvements within an existing unimproved portion of Stanyan Street between Clarendon and Mountain Spring Avenues, to provide vehicular access to a proposed new single family dwelling at 1310 Stanyan Street (Block 2706, Lot 035) conditioned upon the payment of an annual assessment fee of $5,600 and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Public Works Department)
3/9/06, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
 

060299 [Approve Contract with ValueOptions, Inc. for contract services to improve access to mental health treatment for children in foster care and other children placed outside of San Francisco]
Resolution authorizing the Department of Public Health to retroactively contract with ValueOptions, Inc. to provide services to foster care and other Medi-Cal eligible children placed outside of San Francisco, for the period of July 1, 2005 through June 30, 2008. (Public Health Department)
3/13/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
3/21/06, WITHDRAWN AND FILED. The item was filed at the request of the sponsor (Public Heath Department).
 

Requests Granted
From: Supervisor Mirkarimi

To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to repair potholes at the following locations: 616 Hayes Street, 1124 Stanyan Street, and intersection of Laguna Street and Ellis Street.

From: Supervisor Mirkarimi

To: Director, Department of Parking and Traffic

Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of damaged street sign at the North East corner of Grove and Divisadero. The street sign has graffiti reading "rove" instead of "Grove".

From: Supervisor Mirkarimi

To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of cleaning the grates at the intersection of Eddy Street and Laguna Street.

From: Supervisor Mirkarimi

To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to remove graffiti at the following locations: Haight Street and Clayton Street: fire hydrant at Fulton Street and Fillmore Street, Southwest corner: emergency box.

From: Supervisor Mirkarimi

To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to repair sidewalk at the following locations: Southwest corner of Buchanan Street and Grove Street and the Westside of Laguna Street between Golden Gate Ave. and Turk Street.

From: Supervisor Mirkarimi

To: Director, Department of Parking and Traffic

Requesting/Inquiring: Requesting the Department of Parking and Traffic to remove graffiti at the following locations:

ú Belvedere Street and 17th Street, Northeast corner: light pole and stop sign

ú Belvedere Street at 17th Street: parking signs

ú 17th Street at Belvedere Street: parking

 

Dee Gray aka "Mama Dee" - Supervisors Peskin and Daly

Marco Antonio Firebaugh - Entire Board

Jade Snow Wong - Supervisors Ma and Peskin

Sam Chu Lin - Supervisor Ma

Dr. Richard K. Root - Supervisor Dufty

Lt. Colonel Theodore A. Wilson - Supervisor Maxwell

Jim Berk - Supervisor Daly

Willie Watson - Supervisor Daly

 

Special Board of Supervisors Meeting

Budget and Finance Committee

March 22, 2006

At the hour of 1:21 p.m. Supervisor Jake McGoldrick was noted present at the Budget and Finance meeting creating a quorum of the Board of Supervisors for the following items. A Special Board of Supervisors meeting was convened.

Present: Chris Daly, Bevan Dufty, Aaron Peskin, Ross Mirkarimi,

Sean Elsbernd, Jake McGoldrick

051924 [Establishing Maximum Work Hours For General Assistance Programs]

Ordinance amending Chapter 20, Article VII, to add Section 20.58.6 to provide that the maximum number of hours the Department may require General Assistance recipients to work shall be calculated by dividing the Maximum Monthly Assistance Grant under Section 20.57 of this Chapter by the hourly wage rate established under Section 12P.3(b)(3) of the Administrative Code and by amending Chapter 20, Article VIII, Section 20.77.6 to provide that the maximum number of hours of activities the Department of Human Services may require of participants in the Personal Assisted Employment Service Program shall be the same as required of General Assistance recipients.

Continued to March 29, 2006

Ayes: 5 - Daly, Dufty, Peskin, Mirkarimi, Elsbernd

At the hour of 1:25 p.m. Supervisor Jake McGoldrick was noted absent. The quorum of the Special Board of Supervisor meeting recessed.

At the hour of 5:20 p.m. Supervisors Jake McGoldrick and Fiona Ma were noted present at the Budget and Finance meeting creating a quorum of the Board of Supervisors for the following items. A Special Board of Supervisors meeting was re-convened.

060225 [To appropriate $3,330,980 to fund cost overruns at the Police

 

 

ADJOURNMENT
There being no further business, the March 21, 2006 Board adjourned at the hour of 3:42 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 18, 2006.

 

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

Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
Disability access
 

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


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