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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, April 4, 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 2:10 p.m. On the call of the roll, all Supervisors were noted present.

There was a quorum.

 

APPROVAL OF MEETING MINUTES
Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes for March 7, 2006 and March 14, 2006 Special Board Meeting Minutes for the Budget and Finance Committee Meeting of March 15, 2006. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

CONSENT AGENDA
 

Recommendation of the Budget and Finance Committee
 

060141 [To appropriate capital project funding for seven capital improvement projects by revising the current sources and uses appropriations in the S.F. International Airport's Five-Year Capital Mayor
Ordinance appropriating $16,342,714, including the de-appropriation of $15,707,484 in current project funding to use this source for appropriation, and appropriating an additional $635,230 of Airport fund balance generated from prior year's interest income. These sources and uses are herein appropriated for various San Francisco International Airport (SFIA) capital projects to reflect the updated San Francisco International Airport Five-Year Capital Plan, Fiscal Year 2004-2005 through Fiscal Year 2008-2009.

(Fiscal impact.)

Enacted Number: 65-06
FINALLY PASSED
 

 

Recommendations of the City Operations and Neighborhood Services Committee
 

060109 [Traffic Regulations] Supervisor Mirkarimi
Resolution enacting and rescinding traffic regulations on various streets.

BICYCLE LANE - ESTABLISH
Scott Street, northbound, from Haight Street to Oak Street.

NO TURN ON RED - ESTABLISH
Scott Street, northbound, at Oak Street.

(1/17/06: 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.)

Enacted Number: 186-06
ADOPTED
 

060133 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

NO PARKING ANYTIME - RESCIND
TOW-AWAY, NO STOPPING ANYTIME, 7 AM TO 3 PM, MONDAY THROUGH FRIDAY - RESCIND
Pine Street, south side, from Montgomery Street to 155 feet easterly (creates new metered parking, but maintains Tow-Away 3 PM to 7 PM, Monday through Friday).

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Lake Merced Boulevard, northbound, right turn lane onto Font Boulevard to the limit of the existing angle parking on the south side of Font Boulevard.

4-HOUR PARKING TIME LIMIT, 7:00 AM TO 6:00 PM, EXCEPT SUNDAY - RESCIND
PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
2-HOUR PARKING TIME LIMIT, 7:00 AM TO 6:00 PM, EXCEPT SUNDAY - ESTABLISH
Mississippi Street, east side, between Cesar Chavez and northern terminus.

TOW-AWAY, NO PARKING - ESTABLISH
Mississippi Street, west side, between Cesar Chavez Street and northern terminus.

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Irwin Street, north side, between 7th and 8th Streets.

TOW-AWAY, NO PARKING, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY - ESTABLISH
17th Street, north side, from 25 to 58 feet east of Utah Street.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
1122 Folsom Street, north side, from Langton Street to 48 feet westerly; and,
1168 Folsom Street, north side, from the west property line to the east property line (50-foot zone) (both parking restrictions are in conjunction with implementation of sidewalk bulbs).

TOW-AWAY, NO STOPPING, 7 AM TO 9 AM AND 4 PM TO 7 PM, MONDAY THROUGH FRIDAY - RESCIND
TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Franklin Street, west side, from Turk Street to Golden Gate Avenue (replaces existing tow-away regulations).

TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Franklin Street, west side, from Turk Street to 80 feet northerly.

TOW-AWAY, LANE MUST TURN LEFT - RESCIND
Franklin Street, northbound, at Turk Street.

RESIDENTIAL PERMIT PARKING AREA "U" (2-HOUR TIME LIMIT, 8 AM TO 10 PM, EVERYDAY) - ESTABLISH
Rodgers Street, east side, between Folsom Street and the southern terminus (unit block).

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
San Jose Avenue, east side, from 10 feet north of the north crosswalk at Farallones Street to 190 feet southerly;
San Jose Avenue, west side, from Farallones Street to 173 feet northerly;
San Jose Avenue, east side, from Lakeview Avenue to 150 feet southerly;
San Jose Avenue, west side, from Lakeview Avenue to 150 feet northerly;
San Jose Avenue, east side, from 50 feet north of the northern crosswalk at Mount Vernon Avenue to 260 feet southerly;
San Jose Avenue, west side, from Mount Vernon Avenue to 178 feet northerly; and,
McCoppin Street, south side, between Market Street and Elgin Park

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
McCoppin Street, north side, west of Valencia Street to terminus.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Fillmore Street, east side, at the O'Farrell Street intersection (36 foot zone accommodating 10 unmetered motorcycle parking spaces).

PARKING METER AREA 3 (9AM-6PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Parker Avenue, west side, from
Enacted Number: 187-06
ADOPTED
 

060134 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

ONE-WAY STREET (SOUTHBOUND) - RESCIND
Elgin Park, between McCoppin Street and Duboce Avenue

ONE-WAY STREET (EASTBOUND) - RESCIND
ONE-WAY STREET (WESTBOUND) - ESTABLISH
McCoppin Street,between Market Street and Elgin Park

BICYCLE LANES - ESTABLISH
McCoppin Street, north side, west of Valencia Street to terminus.

BICYCLE LANES - ESTABLISH
Laguna Honda Boulevard, both sides, between Portola Drive and Vasquez Avenue

LEFT TURN BIKE LANE - ESTABLISH
Laguna Honda Boulevard, southbound, between Ulloa Street and Portola Drive

BICYCLE LANES - EXTEND
Potrero Avenue, southbound, from 120 feet south of 25th Street to Cesar Chavez Street.

NO LEFT TURN, 4 PM TO 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Southbound Masonic Avenue at Grove Street.

NO LEFT TURN, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY - ESTABLISH
Northbound Masonic Avenue at Grove Street (Parking and Traffic Department)

(1/26/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 3133.)

Enacted Number: 188-06
ADOPTED
 

060248 [Approve an agreement between SFPUC and SF Recycling and Disposal (SFR&D) for the installation and operation of a photovoltaic project to provide electricity to SFR&D's recycling facility at Supervisor Maxwell
Resolution authorizing the San Francisco Public Utilities Commission ("SFPUC") to enter into an agreement with San Francisco Recycling and Disposal ("SFR&D") for the installation and operation of a photovoltaic system and associated facilities to provide electricity to SFR&D's recycling facility at Pier 96.
Enacted Number: 189-06
ADOPTED
 

060258 [Accept-Expend Equipment - Police Department] Supervisor Ma
Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend telephone intercept equipment in the amount of $249,170 made available through the Technology Transfer Program, Office of National Drug Control Policy, Counterdrug Technology Assessment Center (ONDCP/CTAC).
Enacted Number: 190-06
ADOPTED
 

060273 [Grant of Regional Funds - Municipal Transportation Agency] Supervisor Maxwell
Resolution authorizing the Municipal Transportation Agency to accept and expend $157,031 of Regional Measure 2 Operating Assistance funds.
Enacted Number: 191-06
ADOPTED
 

060296 [Contract funds to participate in the HIV Prevention Trials Unit Protocol 039 study, Yr. 2] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH), to enter retroactively into an agreement with PHFE Management Solutions (PHFE), the primary contractor, and expend funds in the amount of $55,140 to participate in the HIV Prevention Trials Unit Protocol 039 study; for the period of July 1, 2005, to June 30, 2006. (Public Health Department)
Enacted Number: 192-06
ADOPTED
 

060324 [Accept-Expend Federal Grant - MOCJ - $37,500] Supervisor Maxwell
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $37,500 from the van Loben Sels/RembeRock Foundation for the purpose of exploring potential alternatives to the California Youth Authority/Division of Juvenile Justice for San Francisco youth.
Enacted Number: 181-06
ADOPTED
 

060132 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
26th and Capp Streets, stopping 26th Street, making this intersection an All-Way STOP;
Vallejo and Baker Streets, stopping Vallejo Street, making this intersection an All-Way STOP;
Myra Way and Molimo Drive, stopping Molimo Drive at Myra Way, making this intersection an All-Way STOP;
Peabody Street and Visitacion Avenue, stopping Visitacion Avenue, making this intersection an All-Way STOP;
Westbound 25th Avenue North at 25th Avenue, making this T intersection an All-Way STOP;
Eastbound Seacliff Avenue at 25th Avenue, making this T-intersection an All-Way STOP;
Northbound 26th Avenue at Seacliff Avenue, making this T-intersection an All-Way STOP;
Murray Street at Crescent Avenue, stopping Murray Street, stopping the stem of this T-intersection;
Washburn Street, stopping Washburn Street at Howard Street;
Dore Street, stopping Dore Street at Folsom Street; and,
Grace Street, stopping Grace Street at Mission Street. (Parking and Traffic Department)

(1/26/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 3133.)

Enacted Number: 193-06
ADOPTED
 

060167 [Parking Regulations] Supervisor Dufty
Resolution enacting angle parking regulations on the east side of Castro Street, between 25th and Jersey Streets.

45-DEGREE ANGLE PARKING - ESTABLISH
Castro Street, east side, between 25th and Jersey Streets.

(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: 194-06
ADOPTED
 

060214 [Parking Regulations, Various Locations] Supervisor Elsbernd
Resolution enacting and rescinding parking regulations at various locations.

TALL VEHICLE RESTRICTION, 100 FEET FROM INTERSECTIONS - ESTABLISH
Sloat Boulevard, south side, from the Lakeshore Plaza traffic signal to 20 feet west of the Everglade Drive intersection.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Sloat Boulevard, south side, from Everglade Drive to 20 feet westerly.

(2/14/06: 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.)

Enacted Number: 195-06
ADOPTED
 

Recommendation of the Land Use and Economic Development Committee
 

051841 [Haight Street Alcohol Restricted Use Subdistrict - Permissible bar use in movie theaters] Supervisors Mirkarimi, Ammiano
Ordinance amending Planning Code Section 781.9 to allow a bar use in a movie theater under specified circumstances in the Haight Street Alcohol Restricted Use Subdistrict; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Enacted Number: 64-06
FINALLY PASSED
 

Recommendations of the Rules Committee
 

051651 [Protection of employee rights] Supervisors Mirkarimi, Ammiano, Peskin, Dufty, Ma, Maxwell, Daly, Sandoval, McGoldrick
Ordinance amending Section 11.55 of the Administrative Code to require franchise grantees to comply with provisions of federal law that prohibit discrimination against an employee based on an employee's decision to participate in employee organizations for the purpose of representation, and to require grantees to notify contractors and subcontractors that they must comply with these same provisions, and to prohibit discrimination against an employee, contractor or subcontractor for speaking before or filing a complaint with any government agency or court, and to ensure that company policies, handbooks, and directives are not construed to limit such activity by an employee.
Enacted Number: 61-06
FINALLY PASSED
 

060302 [Settlement of Lawsuit - Iva Hetzel]
Ordinance authorizing settlement of the lawsuit filed by Iva Hetzel against the City and County of San Francisco for $50,000; the lawsuit was filed on November 2, 2000 in San Francisco Superior Court, Case No. 434-793; entitled Iva Hetzel, et al., v. City and County of San Francisco, et al. (City Attorney)
Enacted Number: 66-06
FINALLY PASSED
 

060300 [Settlement of Lawsuit - Maximilian Castro]
Ordinance authorizing settlement of the lawsuit filed by Maximilian Castro against the City and County of San Francisco for $125,000; the lawsuit was filed on December 15, 2000 in San Francisco Superior Court, Case No. 317-475; entitled Maximilian Castro, et al., v. City and County of San Francisco, et al. (City Attorney)
PASSED, ON FIRST READING
 

060303 [Settlement of Lawsuit - Gisselle Shepherd]
Ordinance authorizing settlement of the lawsuit filed by Gisselle Shepherd against the City and County of San Francisco for $140,000; the lawsuit was filed on September 18, 2003 in San Francisco Superior Court, Case No. 424-524; entitled Gisselle Shepherd, et al., v. City and County of San Francisco, et al. (City Attorney)
PASSED, ON FIRST READING
 

060290 [Settlement Agreement Regarding SACPA Audit]
Resolution approving the Health Department's entering into a Settlement Agreement with the State of California resolving the State's claim for reimbursement by the City and County of funds provided by the State to the County under the SACPA program for fiscal year July 1, 2001 through June 30, 2002. (City Attorney)
Enacted Number: 196-06
ADOPTED
 

060376 [Appointment - Commission on the Aging Advisory Council]
Resolution appointing Catherine Rose Russo, term ending March 31, 2008, to the Commission on the Aging Advisory Council.

Catherine Rose Russo, term expiring March 31, 2006, seat 6, must be a nominee of District 7 Supervisor, for a two-year term ending March 31, 2008.

Enacted Number: 197-06
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

 

REGULAR AGENDA
 

UNFINISHED BUSINESS
 

Recommendations of the Budget and Finance Committee
 

060165 [To appropriate $1,127,000 in funding for San Francisco General Hospital capital projects] Mayor
Ordinance appropriating $1,127,000 in San Francisco General Hospital (SFGH) revenue and appropriating $1,127,000 for the SFGH Rebuild Planning and Environmental Impact Report (EIR).

(Fiscal impact.)

Enacted Number: 62-06
FINALLY PASSED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

060225 [To appropriate $3,330,980 to fund cost overruns at the Police Department and violence prevention investments for Children, Youth and Their Families for Fiscal Year 2005-2006] Supervisor Ma
Ordinance appropriating $3,330,980 to fund salary and fringe overruns and expanded services at the Police Department and violence prevention programming and investments in the Department of Children, Youth and Their Families for Fiscal Year 2005-2006. Sources of funds include $2,572,307 from the Unappropriated General Fund Balance and $758,673 from the Fiscal Year 2005-2006 Children's Baseline Growth. Uses of funds include $2,572,307 for the Police Department and $758,673 for the Department of Children, Youth and Their Families.

(Fiscal impact.)

Enacted Number: 63-06
FINALLY PASSED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

From the Budget and Finance Committee Without Recommendation
 

060252 [To appropriate funding at the Department of Human Services for homeless services and to maintain and restore shelter bed capacity utilizing General Fund Reserves] Supervisors Daly, Mirkarimi, Ammiano
Ordinance appropriating $690,000 of General Fund for the Department of Human Services to fund homeless services and to maintain and restore shelter bed capacity for fiscal year 2005-06.

(Fiscal impact.)

Question appropriating the remaining balance of $463,318 to fund homesless services and to maintain and restore shelter bed capacity for fiscal year 2005-06 divided and considered separately under File No. 060465.

Remainder ($226,682) approved and placed under Budget and Finance Committee reserve.

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

Ordinance appropriating $226,682 of General Fund for the Department of Human Services to fund homeless services and to maintain and restore shelter bed capacity for fiscal year 2005-06; placing $226,682 on Budget and Finance Committee reserve.

(Fiscal impact.)

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

060465 [To appropriate funding at the Department of Human Services for homeless services and to maintain and restore shelter bed capacity utilizing General Fund Reserves]
Ordinance appropriating $463,318 of General Fund for the Department of Human Services to fund homeless services and to maintain and restore shelter bed capacity for fiscal year 2005-06.
Divided from File 060252.
RE-REFERRED to the Budget and Finance Committee 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
 

051924 [Establishing Maximum Work Hours For General Assistance Programs] Supervisors McGoldrick, Ammiano, Maxwell, Daly
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.
Supervisors Maxwell and Daly requested to be added as co-sponsors.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Supervisor Peskin Excused From Voting
Supervisor Dufty, seconded by Supervisor Maxwell, moved moved to excuse Supervisor Peskin, at his request due to possible conflict of interest, from voting on this matter. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Sandoval
Excused: 1 - Peskin

051954 [Amend the Definition of Properties Eligible to Apply for a Mills Act Contract] Supervisor Alioto-Pier
Ordinance amending the Administrative Code by amending Section 71.2 by adding new subsections 71.2(b), (d), and (e) to expand the definition of "qualified historical properties" eligible to apply for a Mills Act contract; stating that subsections 71.2 (b), (d), and (e) shall not become effective until six months after the effective date of this Ordinance; requesting a report from the Planning Department regarding evaluation criteria for Mills Act Contracts; and making environmental findings.

(Fiscal impact.)

PASSED ON FIRST READING by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Sandoval
Excused: 1 - Peskin

060218 [Mission Bay - Pier 64 Cost Reimbursement Agreement] Mayor, Supervisor Daly
Resolution approving the Cost Reimbursment Agreement between the City and County of San Francisco, and Atlantic Richfield Company, Texaco Inc., Chevron U.S.A. Inc. and Union Oil Company of California for the management of residual petroleum hydrocarbons on City Property in certain areas of Mission Bay.
Enacted Number: 198-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

060260 [San Francisco Community College District General Obligation Bonds] Supervisor Peskin
Resolution authorizing the San Francisco Community College District to issue and sell on its own behalf its general obligation bonds approved by the voters at the November 2005 election without further action by this Board of Supervisors or any other officer of the City and County of San Francisco; ratifying certain actions previously taken; granting general authority to City and County of San Francisco officials to take necessary actions in connection with the issuance of the general obligation bonds by the San Francisco Community College District; providing for prior notice to the City and County of San Francisco for the anticipated sale and issuance of any future series of San Francisco Community College District bonds.
Enacted Number: 199-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

060355 [Multifamily Housing Revenue Bonds - 575 Eddy Street Apartments] Supervisor Daly
Resolution authorizing the issuance and delivery of multifamily housing revenue bonds (as defined herein) in an aggregate principal amount not to exceed $4,946,000 for the purpose of providing financing for a multifamily rental housing project; approving the form of and authorizing the execution of an indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to city officials to take actions necessary to implement this resolution; and related matters.
Enacted Number: 206-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

060246 [Appropriating $15,000,000 of General Fund balance to support street resurfacing projects for the Department of Public Works for Fiscal Year 2005-06] Supervisors Elsbernd, Peskin, Ammiano, Alioto-Pier, Ma
Ordinance appropriating $15,000,000 of General Fund balance to support street resurfacing projects for the Department of Public Works for Fiscal Year 2005-06.

(Fiscal impact.) (Supervisors Mirkarimi and Daly dissented in committee.)

PASSED ON FIRST READING by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Noes: 1 - Daly

060253 [Appropriating $10,415,682 capital project funding at the Recreation and Parks department for the funding of Phase I projects with significant forecasted shortfalls] Supervisors Peskin, Maxwell, Mirkarimi, Ammiano, Dufty, Elsbernd, Ma
Ordinance appropriating $10,415,682 of General Fund for the Recreation and Parks department to fund the following Phase I projects with significant forecasted shortfalls: Lincoln Park Master Plan for $176,459, Lincoln Playground for $321,367, Hamilton Playground, Recreation Center and Pool for $4,205,883, Junipera Serra Playground and Clubhouse for $247,042, Lake Merced Improvements for $257,336, Lake Merced - Overlook and Trail for $42,897, Midtown Terrace Playground for $444,361, Buena Vista Park Landscape Improvement for $745,913, Sunnyside Conservatory for $893,902, Rolph Playground & Clubhouse for $240,487, St. Mary's Playground for $494,085, Kelloch - Velasco Park for $482,211, Potrero Hill Playground for $406,443, Visitacion Valley Greenway (Racetrack) - Tioga Lot for $366,582, Joseph Lee Recreation Center $206,163 and Sava Pool for $884,550 for fiscal year 2005-06.

(Fiscal impact.)

Supervisor Daly, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Ordinance appropriating $10,415,682 of Unappropriated General Fund for the Recreation and Parks department to fund the following Phase I projects with significant forecasted shortfalls: Junipera Serra Playground and Clubhouse for $840,000, Lake Merced - Overlook and Trail for $145,860, Sunnyside Conservatory for $3,039,468, Rolph Playground & Clubhouse for $817,712, Kelloch - Velasco Park for $617,507, Visitacion Valley Greenway (Raceway) - Tioga Lot for $1,246,463, Joseph Lee Recreation Center $701,000 and Sava Pool for $3,007,672 for fiscal year 2005-06.

(Fiscal impact.)

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

060311 [Appropriating $20,000,000 of General Fund balance for Affordable Housing Projects, Real Ownership Opportunities for Tenants, and Rental Subsidies for Fiscal Year 2005-06] Supervisors Daly, Mirkarimi
Ordinance appropriating $20,000,000 of General Fund balance for Fiscal Year 2005-06, including $18,000,000 to the Mayor's Office of Housing for the acquisition, construction, and rehabilitation of affordable family housing, housing for seniors and persons with disabilities, and housing for persons who are currently homeless or who are at risk of being homeless; $1,000,000 to the Mayor's Office of Housing to fund the Real Ownership Opportunities for Tenants project and to establish criteria for the creation of the Real Ownership Opportunities for Tenants project; and $1,000,000 for the Human Services Agency to fund Family Rental Subsidies for Fiscal Year 2005-06.

(Fiscal impact.)

Supervisor Mirkarimi 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

060410 [Appropriating $1,755,000 in funding for Primary Care capital projects for FY 2005-06]
Ordinance appropriating $1,755,000 in revenues, including $1,035,000 in unappropriated General Fund Balance, and $720,000 in Primary Care surplus and appropriating $1,755,000 for capital projects at Primary Care clinics for the Public Health Department for Fiscal Year 2005-06.

Fiscal Impact

PASSED ON FIRST READING 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
 

051669 [Prohibition on Smoking in Public Transit Stops and Shelters] Supervisors Ma, Daly, Ammiano
Ordinance amending Section 1009.22 of the San Francisco Health Code, to prohibit smoking in public transit stops and shelters.
Supervisor Daly requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Ma, Maxwell, McGoldrick, Mirkarimi, Sandoval
Noes: 2 - Elsbernd, Peskin

060088 [Temporary "Street Closure to Vehicular Traffic" on O'Farrell St. between Steiner and Fillmore] Supervisor Mirkarimi
Resolution enacting temporary "Street Closure to Vehicular Traffic" regulation on O'Farrell Street between Steiner Street and Fillmore Street from 7 A.M. to 2 P.M. on every Saturday between April 29, 2006 and November 18, 2006.
Enacted Number: 200-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendation of the Government Audit and Oversight Committee
 

051633 [Adopting the National Incident Management System] Supervisor Ma
Resolution adopting the National Incident Management System.
Enacted Number: 201-06
ADOPTED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

From the Government Audit and Oversight Committee Without Recommendation
 

060065 [Establishing the Film Rebate Program] Supervisor Alioto-Pier
Ordinance amending San Francisco Admistrative Code section 57.1 to make technical amendments; section 57.4 to designate the Executive Director of the San Francisco Film Commission as the sole liaison between film companies and City departments; section 57.7 to clarify the application of Chapter 57 to certain City departments; and adding section 57.8 to establish a Film Rebate Program to rebate qualified production costs for qualified film productions.

(Fiscal impact and Economic Impact)

Amended on page 4, line 7, by renumbering "(2)" with "(4); and on page 5, line 11, by inserting" residency of employees"; and further amended by reducing the cap to $1.8 million.
Supervisor Ammiano, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED. The motion carried by the following vote:
Ayes: 6 - Ammiano, Daly, McGoldrick, Mirkarimi, Peskin, Sandoval
Noes: 5 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell

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

 

Recommendation of the Land Use and Economic Development Committee
 

060188 [Residential Hotels: Tenant Mail Receptacles] Supervisors Daly, Peskin, Mirkarimi, Ammiano
Ordinance amending the San Francisco Housing Code by amending Section 1002 and amending the San Francisco Administrative Code by adding Chapter 41E to require residential hotel owners to provide a United States Postal Service-approved mail receptacle for each residential unit and by amending Section 37.14 to provide for an appeal to the Rent Board for violation of this requirement; adopting findings pursuant to California Health and Safety Code Section 17958.5.
Supervisor Mirkarimi requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin
Absent: 1 - Sandoval

SPECIAL ORDER 3:00 P.M.
 

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

There were none.

The President declared the public hearing closed.

HEARD AT PUBLIC HEARING.
 

060312 [Recommending approval of Community Facilities District formation and financing by the ABAG Finance Authority For Nonprofit Corporations] Supervisor Daly
Resolution recommending 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 District; making findings; approving related joint community facilities agreement; and granting general authority to city officials to take actions necessary to implement this resolution.
Enacted Number: 202-06
ADOPTED by the following vote:
Ayes: 10 - Alioto-Pier, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Absent: 1 - Ammiano

 

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

Privilege of the Floor
It was decided to 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.
 

Supervisor Elsbernd welcomed, introduced, and presented a Certificate of Honor to Bruce Pettit.

Supervisor McGoldrick welcomed, introduced and presented a Certificate of Honor to Ruth Maginnis in recognition of her 23 years service with the City and County of San Francisco as a Librarian.

 

SPECIAL ORDER 4:00 P.M.
 

060240 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 229 32nd Avenue (aka 7070 California), Katherine Delmar Burke School Project]
Hearing of persons interested in or objecting to the decision of the Planning Department dated October 31, 2005 (Case No. 2005.0275E), exempting from environmental review under Categorical Exemption Class 14, [State Guidelines Section 15314] and Class 32, [State Guidelines, Section 15332 (a) through (e)], the Katherine Delmar Burke School Addition, located at 229-32nd Avenue (aka 7070 California), Block 1392, Lot 037. The proposed project entails construction of a two-story, 26.5-foot tall arts and science building containing six classrooms, and removal of a paved tennis court presently occupying the site. The new 9,569 sq.ft. infill academic building would add 16 percent capacity in the 3.32-acre campus' existing 60,407 sq.ft. of built space. The project site is rectangular in shape, consisting of approximately 7,200 sq.ft. or 0.165 acre in size. The project site, within the Katherine Delmar Burke School campus, is set back from El Camino del Mar to the north and is also bounded by Lincoln Park to the west and 32nd Avenue to the east. Located in the Sea Cliff neighborhood, the project site is within the RH-1 (D) Residential, House, One-Family (Detached Dwellings) District and a 40-X Height and Bulk District. The Project would require conditional Use authorization for modification to an existing Planned Unit Development (PUD) and authorization for expansion of an educational use. (Appellant: Lincoln Park Homeowners Association, represented by Diane K. Hanna, Attorney, Ellman Burke Hoffman & Johnson, a Professional Corporation.)

(Filed February 15, 2006; companion measure to Files 060241, 060242, 060243; District 1.)

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

There were none.

Continued to April 25, 2006

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

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

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

060241 [Affirming the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]
Motion affirming the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Continued to April 25, 2006
Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

060242 [Disapproving the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]
Motion disapproving the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Continued to April 25, 2006
Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

060243 [Preparation of findings related to the 229 32nd Avenue (Katherine Delmar Burke School) project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 229 32nd Avenue (Katherine Delmar Burke School) is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Continued to April 25, 2006
Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

COMMITTEE REPORTS
 

060393 [Prohibiting Smoking on Golf Courses] Supervisor McGoldrick
Ordinance amending Section 1009.81 of the Health Code to prohibit smoking on golf courses.

(Fiscal impact.)

Supervisor McGoldrick, seconded by Supervisor Ammiano, moved that this Ordinance be REFERRED to the Budget and Finance Committee. The motion carried 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 relating to homelessness

Female Speaker; expressed concern with issues relating to homelessness

James Chaffee; expressed concerned with issues relating to the SF Public Library

Male Speaker; expressed concerned with issues relating to concentration camps in China and people being killed for human organs

Abraham Thompson; expressed concerned about people killed for human organs

Eugene Gordon, Jr.; expressed concerned with issues relating to human rights

Linda Ackerman; expressed support for resolution in File 060416 regarding warrantless surveillance by President Bush

Walter; sang Moon River

 

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.
 

060399 [Fee Waiver for Temporary Occupancy Permit of Hunger Strikers] Supervisors Daly, Mirkarimi
Resolution commending the 23 individuals who participated in the week-long Hunger Strike against the "Border Protection, Anti-Terrorism, and Illegal Immigration Control Act," also known as HR 4437, for their commitment to protect the San Francisco's City of Refuge status, and urging the Department of Public Works to waive their Temporary Occupancy permit fees for the week of March 21st, 2006.
Supervisor Mirkarimi requested to be added as a co-sponsor.
Enacted Number: 182-06
ADOPTED
 

060400 [Commending Dr. Stanley Lipsitz on an outstanding career with the San Francisco Department of Public Health] Supervisors Dufty, Maxwell
Resolution commending Dr. Stanley Lipsitz on an outstanding career with the San Francisco Department of Public Health and wishing him the best of luck in all of his future endeavors.
Enacted Number: 203-06
ADOPTED
 

060414 [Urging the United States Congress to restore food and funding to the Commodity Supplemental Food Program (CSFP) at the 2005 levels] Supervisors Dufty, Ma, Daly
Resolution urging the United States Congress to restore food and funding to the Commodity Supplemental Food Program (CSFP) at the 2005 levels.
Enacted Number: 185-06
ADOPTED
 

060415 [Commending Pat and Sheila Brosnan on their contribution to the Irish community of the City and County of San Francisco] Supervisor Elsbernd
Resolution commending Pat and Sheila Brosnan on their contribution to the Irish community of the City and County of San Francisco.
Enacted Number: 204-06
ADOPTED
 

060416 [Urging President Bush to stop the warrantless surveillance of Americans and to follow the Foreign Intelligence Surveillance Act] Supervisors McGoldrick, Ammiano, Maxwell, Daly, Mirkarimi, Dufty, Peskin
Resolution urging President Bush to stop the warrantless surveillance of Americans and to follow the Foreign Intelligence Surveillance Act.
Supervisor Peskin requested to be added as a co-sponsor.
Enacted Number: 184-06
ADOPTED
 

060417 [Commending HICAP and Senior Action Network for assisting seniors and disabled] Supervisors Mirkarimi, Daly
Resolution commending San Francisco Health Insurance Counseling and Advocacy Program (HICAP) and Senior Action Network for Assisting Seniors and the Disabled in Obtaining Health Care and Medication Benefits.
Supervisor Daly requested to be added as a co-sponsor.
Enacted Number: 205-06
ADOPTED
 

060418 [Urging San Francisco law enforcement agencies to disregard criminal provisions of proposed federal immigration legislation should they become law] Supervisor Sandoval
Resolution urging San Francisco law enforcement agencies to disregard criminal provisions of proposed federal immigration legislation should they become law.
Enacted Number: 183-06
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 Daly requested that this matter be severed so that it might be considered separately.
 

060398 [Supporting Assembly Bill 777 - Tax Credits for Qualified Motion Pictures] Supervisor Alioto-Pier
Resolution supporting Assembly Bill 777 - California Tax Credits for Qualified Motion Pictures.
Continued to April 11, 2006
Supervisor Daly, seconded by Supervisor Dufty, 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

OFF-AGENDA LEGISLATION
 

Introduced by Supervisors or Mayor
 

Ordinance
 

050176 [Amending the Planning Code to make all massage establishments conditional uses] Supervisors Ma, Maxwell, Sandoval
Ordinance amending Sections 218.1, 710.54, 711.54, 712.54, 713.54, 716.54, 717.54, 718.54, 719.54, 720.54, 721.54, 722.54, 723.54, 724.54, 725.54, 726.54, 727.54, 728.54, 729.54, 730.54, 810.54, 811.54, 812.54, 790.60 and 890.60 of the Planning Code to define massage establishments per Section 1900 of the Health Code, to provide that all massage establishments shall be permitted as conditional uses, to provide that non-incidental massage establishments must first obtain all required permits from the Health Department before seeking a conditional use permit, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
2/1/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 3/3/2005.
2/8/05, REFERRED TO DEPARTMENT. Referred to City Planning for review and comment.
4/11/05, RESPONSE RECEIVED. From Planning Department, Certificate of determination of exemption/exclusion from environmental review.
5/12/05, RESPONSE RECEIVED. Planning Department staff case report, and Resolution #17005 recommending approval of the ordinance.
6/7/05, RE-REFERRED to Land Use Committee. Supervisor Sandoval requested to be added as a co-sponsor.
1/4/06, FILED PURSUANT TO RULE 5.37.
4/4/06, ASSIGNED to Land Use and Economic Development Committee.
4/4/06, REACTIVATED PURSUANT TO RULE 5.23. Supervisor Ma requested this matter be reactivated.
 

060443 [Prohibition on condominium conversion for buildings where specified evictions occurred] Supervisor Peskin
Ordinance amending the Subdivision Code to add Section 1396.2 to prohibit condominium conversion for a building where specified evictions occurred and making findings, including environmental findings.
4/4/06, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
 

060444 [Prohibiting Masonry Dry-Cutting] Supervisor Ma
Ordinance amending the Administrative Code by adding new Chapter 64, Section 64.1 to prohibit City employees and City contractors from engaging in masonry dry-cutting and dry-grinding, with exceptions, and establishing alternative procedures; amending the Administrative Code by amending Section 6.22 to require that City contracts include the prohibition against masonry dry-cutting and dry-grinding found in Chapter 64; and making environmental findings.
4/4/06, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 5/4/2006.
 

Resolutions
 

060421 [Confirming the reappointment of Reverend James McCray to the Municipal Transportation Agency Board of Directors, term ending March 1, 2010] Mayor
Resolution confirming the reappointment of James McCray to the Board of Directors of the Municipal Transportation Agency, term ending March 1, 2010.
4/4/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060422 [Confirming the reappointment of Shirley Breyer Black to the Municipal Transportation Agency Board of Directors, term ending March 1, 2010] Mayor
Resolution confirming the reappointment of Shirley Breyer Black to the Board of Directors of the Municipal Transportation Agency, term ending March 1, 2010.
4/4/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060423 [Confirming the appointment of Mr. Tom Nolan to the Municipal Transportation Agency Board of Directors, term ending March 1, 2009] Mayor
Resolution confirming the appointment of Tom Nolan to the Board of Directors of the Municipal Transportation Agency, term ending March 1, 2009.
4/4/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060424 [Confirming the appointment of Leah Shahum to the Municipal Transportation Agency Board of Directors, term ending March 1, 2008] Mayor
Resolution confirming the appointment of Leah Shahum to the Board of Directors of the Municipal Transportation Agency, term ending March 1, 2008.
4/4/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060431 [Interim Zoning Requiring Conditional Use Authorization for Change in Use of an Elementary or Secondary School] Supervisor Alioto-Pier
Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for a change in use of any elementary or secondary school, including, where permissible, lots under the jurisdiction of the San Francisco School District, for an eighteen (18) month period and making a determination of consistency with the priority policies of Planning Code Section 101.1.
4/4/06, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
 

060432 [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.
4/4/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060433 [Issuance and Sale of Refunding Revenue Bonds - National Center for International Schools] Supervisor Daly
Resolution approving the issuance and sale of refunding revenue bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $18,500,000 for the refinancing of the acquisition, construction, improvement, expansion and equipping of the certain school facilities owned and operated by the National Center for International Schools.
4/4/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
 

060441 [Parking Regulations - Glen Park] Supervisor Dufty
Resolution enacting parking regulations at various locations.

PARKING METER AREA 3, 2-HOUR, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
Bosworth Street, north side, from Diamond Street to Lippard Street.

2-HOUR TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
Bosworth Street, north side, from Lippard Street to Elk Street.

(3/31/06: 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.)

4/4/06, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
 

060442 [Peak Oil Plan of Response and Preparation] Supervisors Mirkarimi, McGoldrick, Maxwell, Daly
Resolution acknowledging the challenge of Peak Oil and the need for San Francisco to prepare a plan of response and preparation.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060445 [Grant to support community program planning and system improvement as part of the Mental Health Services Act] Supervisors Ma, Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept retroactively and expend a grant in the amount of $656,945 from the California Department of Mental Health for Community Program Planning and System Improvement as part of the Mental Health Services Act (MHSA) (Prop 63), and to enter into an agreement for the use of these funds; for the period of January 6, 2006 to September 30, 2006.
4/4/06, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
 

060448 [Accept-Expend Federal Grant Funds - Recreation and Park Department] Supervisor Alioto-Pier
Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a Clean Vessel Act Grant administered by the California Department of Boating and Waterways in the amount of $35,000 for the installation of a boat pumpout and dump station combination in the San Francisco Small Craft Harbor.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060449 [Commending the Peninsula Humane Society and its new auxiliary organization, the San Francisco Bay Humane Friends for providing free sterilization of pit bulls and mixed pit bulls dogs in Supervisor Dufty
Resolution commending the Peninsula Humane Society and its new auxiliary organization, the San Francisco Bay Humane Friends for providing free sterilization of pit bulls and mixed pit bulls dogs in San Francisco.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060450 [Commending Gail Wilson and City Swing] Supervisors Dufty, Ammiano
Resolution commending Gail Wilson and City Swing for over two decades of entertainment and commitment to the LGBT community.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060451 [Grant to support the Integrated Nurse Leadership Program at the San Francisco Department of Public Health, Laguna Honda Hospital and Rehabilitation Center] Supervisor Elsbernd
Resolution authorizing the San Francisco Department of Public Health (SFDPH), to retroactively accept and expend a grant in the amount of $75,000 from the Gordon and Betty Moore Foundation through the Regents of the University of California to support the Integrated Nurse Leadership Program, and to enter into an agreement for the use of these funds; for the period of March 1, 2005 to May 31, 2006.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060452 [Supporting H.R. 4423 Ethiopia Consolidation Act] Supervisor Ma
Resolution supporting the Ethiopia Consolidation Act of 2005 (H.R. 4423)
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060453 [Accept-Expend Federal Grant - Strategic Planning for Childhood Nutrition and Physical Activity Task Force Recommendations] Supervisor Maxwell
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $24,993 from the California Endowment to conduct Strategic Planning for the Childhood Nutrition and Physical Activity Task Force.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060454 [Accept-Expend Federal Grant - 2006 Mayor's Summer Food Service Program and Afterschool Snack Program] Supervisor Maxwell
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $853,665 from the United States Department of Agriculture for the 2006 Mayor's Summer Food Service Program and the Afterschool Snack Program.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060455 [Supporting AB 2873 - Transportation Development Act Funds] Supervisor McGoldrick
Resolution urging the California State Legislature to support Assembly Bill 2873 (Wolk) authorizing local jurisdictions to double the current quarter percent sales tax dedicated to local transit and to maintain local streets and roads in rural counties.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060456 [Supporting the strengthening of the City's ability to eradicate criminal and public nuisance activity caused by criminal street gangs in our community] Supervisors Mirkarimi, Maxwell, Alioto-Pier, Ammiano, Daly
Resolution supporting the strengthening of the City's ability to eradicate criminal and public nuisance activity caused by criminal street gangs in our community.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060457 [Supporting AB 2573 regarding solar power in San Francisco] Supervisor Mirkarimi
Resolution urging the State Legislature to pass Assembly Bill 2573 regarding solar power in San Francisco.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060458 [Proclaiming May 5, 2006, as Asian Pacific Islander Resources Network (APIFRN) Day in San Francisco] Supervisor Peskin
Resolution proclaiming May 5, 2006, as Asian Pacific Islander Resources Network (APIFRN) Day in San Francisco.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

060459 [Brown and Toland Medical Group] Supervisors Peskin, Mirkarimi, Ma
Resolution urging Brown and Toland to cease requiring exclusivity of physicians to participate in the Brown and Toland Preferred Network, in violation of the policy of the City and County of San Francisco and the state and federal and which is affecting the well being of the Chinese Community in San Francisco.
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

Requests for Hearing
 

060425 [Hearing to discuss the findings of the report, "An Overview of San Francisco's Recent Economic Performance"]
Hearing to discuss the findings of the report, "An Overview of San Francisco's Recent Economic Performance." (Clerk of the Board)
4/4/06, ASSIGNED to Board of Supervisors. Pursuant to File 060447, Board to sit as a Committee of the Whole on April 11, 2006 at 4:00 p.m.
 

060426 [Hornblower Cruises and Events] Supervisor Peskin
Hearing to discuss whether Hornblower Cruises and Events is prepared to initiate Alcatraz service at Pier 31 1/2, meeting the requirements of the Port and the National Park Service, and conforming to the California Environmental Quality Act (CEQA), while serving the good of the public.
4/4/06, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
 

060427 [Minnie and Lovie Ward Recreation Center] Supervisor Sandoval
Hearing on the Recreation and Park Department's project to build a new Minnie and Lovie Ward Recreation Center. Specific issues to be addressed include: 1) The rationale for closing the existing recreation center in July 2006 when the new one is not expected to open until December 2006 at the earliest 2) The department's plan to provide alternate services during the period of time after the old recreation center has closed but the new one has not yet opened.
4/4/06, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
 

060428 [Pandemic flu outbreak] Supervisor Sandoval
Hearing on the plans of the San Francisco Department of Public Health and the Office of Emergency Services to prepare for a potential outbreak of pandemic flu or a similar large-scale public health crisis involving communicable diseases. Specific issues to be addressed include: 1) San Francisco's plans for maintaining services and operations in the event of large-scale absenteeism in all City departments 2) The role of the Avian/Pandemic Flu Task Force in developing these plans 3) Any preliminary efforts regarding pandemic influenza planning with the business community prior to the scheduled Citywide meeting in June of 2006.
4/4/06, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
 

Motions
 

060429 [Legislative Analyst Request - Youth MUNI passes] Supervisor McGoldrick
Motion requesting the Legislative Analyst to research, analyze, and gather data on the following issue(s): (1) What kind of discounts do the public transit systems (both national and international) give to youth between the ages of 18 to 24? How has that impacted the number of youth that ride on the public transportation system? Has that led to an increase/decrease in youth riders? (2) What are the various kinds of discounts given to students nationally and internationally? (3) What is the usual cut off age for what is defined youth in the public transportation system for San Francisco?
4/4/06, ASSIGNED to Board of Supervisors. Scheduled for Board consideration April 11, 2006.
 

060430 [Legislative Analyst Request - Street space permits] Supervisor Elsbernd
Motion requesting the Legislative Analyst to research, analyze, and gather data on the street space permits in order to determine if permits are legally posted.
4/4/06, ASSIGNED to Board of Supervisors. Scheduled for Board consideration April 11, 2006. In-depth report desired delivery date: May 15, 2006.
 

060446 [Dr. Joe Marshall Reappointment to the Police Commission] Mayor
Motion confirming the Mayor's nomination of, and reappointing, Dr. Joe Marshall to the San Francisco Police Commission for a four-year term ending April 30, 2010.

(Charter Section 4.109 - Board of Supervisors must act witin 60 days from the date the nomination is transmitted from the Mayor to the Clerk of the Board's Office. If the Board fails to act on the Mayor's nomination within the 60 days the Mayor's nominee shall be deemed approved. Transmittal Date: 4/4/06.)

4/4/06, RECEIVED AND ASSIGNED to Rules Committee.
 

060447 [Calling for the Board of Supervisors to sit as a Committee of the Whole on April 11, 2006, at 4:00pm to consider findings of recent economic report] Supervisor Alioto-Pier
Motion calling for the Board of Supervisors to sit as a committee of the whole on April 11, 2006, at 4:00pm to hear and discuss the findings of the report, "An Overview of San Francisco's Recent Economic Performance."
4/4/06, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

PROPOSED ORDINANCES
 

PROPOSED RESOLUTIONS
 

060336 [Contract between the Department of Public Health and Toyon Associates, Inc. to provide regulatory reporting and reimbursement and revenue optimization services]
Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to contract between the City and County of San Francisco and Toyon Associates, Inc. to provide regulatory reporting and reimbursement and revenue optimization services for the period of April 1, 2006 through March 31, 2010. (Public Health Department)
3/22/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
 

060337 [Contract between the Department of Public Health and Health Advocates, LLC to provide uncompensated care recovery services]
Resolution authorizing the Director of Public Health and the Purchaser to execute a contract between the City and County of San Francisco and Health Advocates, LLC to provide uncompensated care reimbursement recovery services. (Public Health Department)
3/22/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
 

060401 [Board review and approval of 2006 U.S. Department of Housing and Urban Development Continuum of Care Programs Application] Supervisor Dufty
Resolution approving the City and County of San Francisco 2006 grant application for the United States Department of Housing and Urban Development Continuum of Care Programs and fulfilling the San Francisco Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. (Human Services Department)
3/27/06, RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this item be scheduled for consideration at the April 12, 2006 meeting.
 

060338 [Sale of Surplus Property -107 24th Ave.]
Resolution confirming the sale of surplus City-owned property located at 107 24th Avenue (Lots 39 and 40 in Assessor's Block 1334) at public auction and authorizing the Director of Property to execute deeds to the successful bidders. (Real Estate Department)
3/22/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.
 

Requests Granted
From: Supervisor Elsbernd

To: Director, Department of Parking and Traffic

Requesting/Inquiring: To investigate the possibility of installing reflective signs around Dewey Circle, in order to increase visibility and ensure vehicle safety.

From: Supervisor Daly

To: City Attorney

Requesting/Inquiring: To prepare an ordinance entitled the "Voodoo Economics" Tax Loophole Legislation to grant tax incentives, tax breaks or tax loopholes fashioned on the Biotech Industry and Film Industry measures for all industries based in San Francisco.

From: Supervisor Mirkarimi

To: Department of Parking and Traffic

Requesting/Inquiring: To report on the status of graffiti removal from light boxes at the following locations:

ú Fredrick and Clayton Streets: southeast corner

ú Haight and Clayton Streets: northeast and northwest corners

ú Fell and Pierce Streets: southeast corner

ú Fell and Scott Streets: southeast corner

ú Gough and Sutter Streets: northeast corner

ú Sutter and Laguna Streets: northwest corner

ú 17th and Clayton Streets: light pole, northeast corner

From: Supervisor Mirkarimi

To: Public Utilities Commission

Requesting/Inquiring: To report on the status of repairing the streetlight that is out at the southwest corner of Grove and Buchanan Streets.

From: Supervisor Mirkarimi

To: Director, Department of Public Works

Requesting/Inquiring: To report on the status of graffiti removal from the Chronicle, Bay Guardian and SF Weekly newspaper dispensers at the following locations:

ú Haight and Ashbury

ú Haight and Clayton

From: Supervisor Mirkarimi

To: Director, Department of Public Works

Requesting/Inquiring: To report on the status of graffiti removal at Ida B. Wells High School on Scott Street between Hayes and Fell Streets.

From: Supervisor Mirkarimi

To:

 

In Memoriams
Reuben Sibley (Supervisors Mirkarimi, Maxwell)

Robert Chatman (Supervisor Mirkarimi)

Alan Dowell (Supervisors Dufty, Ma)

Mike Jones (Supervisor Elsbernd)

Muriel Hoffman (Supervisor Alioto-Pier)

 

Special Board of Supervisors Meeting

Budget and Finance Committee

April 5, 2006

At the hour of 1:20 p.m. Supervisor Fiona Ma 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, Fiona Ma

060262 [Supplemental appropriation process and plan for allocating current year surplus]

Hearing to consider supplemental appropriation process and plan for allocating current year surplus of $137,310,000.

Filed by the Budget and Finance Committee

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

060394 [Appropriating $660,000 to the Department of Children, Youth and Their Families to support the John Swett Alternative School in Department Fiscal Year 2005-06]

Ordinance appropriating $330,000 of Unappropriated General Fund and $330,000 of Children's Baseline Reserve to maintain operations of the John Swett Alternative School through the Department of Children, Youth and Their Families for Fiscal Year 2005-06.

Recommended as amended by the Budget and Finance Committee

Ayes: 4 - Daly, Dufty, Peskin, Mirkarimi

Noes: 1 - Elsbernd

At the hour of 4:05 p.m. Supervisor Fiona Ma was noted absent. The quorum of the Special Board of Supervisor meeting recessed. At the hour of 5:05 p.m. Supervisors Tom Ammiano and Jake McGoldrick 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.

Present: Chris Daly, Bevan Dufty, Aaron

 

 

ADJOURNMENT
There being no further business, the Board adjourned at the hour of 5:09 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 25, 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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