Board of Supervisors : January 24, 2006

Board of Supervisors

City and County of San Francisco

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

AGENDA
Tuesday, January 24, 2006
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 8

Recommendations of the Budget and Finance Committee

Present: Supervisors Daly, Dufty, Peskin

1. 051942 [Amendment to Paratransit Broker Agreement]

Resolution approving Amendment No. 6 to Agreement between the City and County of San Francisco and ATC/Vancom, Inc., to lease up to 20 accessible vans to the Contractor to be subleased to Lift Van/ADA Access service providers participating in the City's Paratransit Program. (Municipal Transportation Agency)

Question: Shall this Resolution be ADOPTED?

2. 052045 [Proposition J Certification, Status Offender Shelter and Intake Services]

Resolution concurring with the Controller's certification that Intake and Shelter Services to Status Offenders can be practically performed by a private contractor for a lower cost than similar services performed by city and county employees. (Juvenile Probation Department)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

3. 051983 [Changing the official sidewalk width - Turk Street] Supervisor Daly

Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1568 to change the official sidewalk width on the southerly side of Turk Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department)

1/17/2006, PASSED ON FIRST READING. Supervisor Daly requested to be added as sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

4. 051984 [Changing the official sidewalk width - Market, Main, and Spear Streets]

Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1567 to change the official sidewalk widths on the southerly side of Market Street, easterly side of Main Street, and the westerly side of Spear Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk widths changes. (Public Works Department)

1/17/2006, PASSED ON FIRST READING. Supervisor Daly requested to be added as sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Alioto-Pier, Peskin

5. 051871 [Settlement of Lawsuit - Kristen Odlaug v. City and County of San Francisco and Robert Palu]

Ordinance authorizing settlement of the lawsuit filed by plaintiff Kristen Odlaug against the City and County of San Francisco for payment of $400,000, including all damages, attorneys' fees and costs; the lawsuit was filed on April 13, 2004, in San Francisco Superior Court, Case No. 430-509, entitled Kristen Odlaug v. City and County of San Francisco and Robert Palu.

1/10/2006, CONTINUED. Continued to January 17, 2006.

1/17/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

6. 052043 [Settlement of Lawsuit -Frank Euphrate, et al.]

Ordinance authorizing settlement of the lawsuit filed by Frank Euphrate against the City and County of San Francisco for $925,000; the lawsuit was filed on September 10, 2003 in San Francisco Superior Court, Case No. 424-288; entitled Frank Euphrate, et al., v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 051980 [Unlitigated Claim against Pacific Gas and Electric Company]

Resolution authorizing settlement of the unlitigated claim by the City and County of San Francisco against Pacific Gas and Electric Company for $615,222.78 for damages caused by power outage of December 20-21, 2003. (City Attorney)

Question: Shall this Resolution be ADOPTED?

8. 051986 [Settlement of Claim - AMPCO System Parking]

Resolution approving the settlement of the unlitigated claim for Parking Tax Refund filed by AMPCO System Parking against San Francisco for $93,134.89. (City Attorney)

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

9. 060101 [Adopting findings related to affirming the CEQA exemption determination issued for a proposed ordinance regulating off-street parking in C-3 zoning districts]

Motion adopting findings affirming the determination by the Planning Department that the proposed ordinance regulating off-street parking in C-3 zoning districts is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

1/13/2006, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

10. 060059 [Motion adopting findings related to the categorical exemption issued for 733 27th Avenue]

Motion adopting findings related to the determination by the Planning Department that the 733 27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

(Companion measure to Files 051755, 051756, 051757, 051758.)

1/13/2006, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

Recommendation of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

11. 051903 [Paratransit Reimbursement - Taxi Meter Rates] Supervisor Alioto-Pier

Ordinance amending Article 16, Section 1137.5 of the San Francisco Police Code to extend the taxi meter rate offset for the paratransit program to December 31, 2006.

1/10/2006, PASSED ON FIRST READING. Supervisor Daly, seconded by Supervisor Ammiano, moved to continue to January 24, 2006. Motion to continue January 24, 2006: Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, McGoldrick, Peskin, Sandoval Excused: 1- Alioto-Pier

1/10/2006, CONTINUED. Continued to Janaury 24, 2006

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

12. 051637 [Subdivision Code - Planning Commission hearings on condominium conversions] Supervisor Daly

Ordinance amending Subdivision Code Sections 1332 and 1359 to require Planning Commission hearings to address General Plan consistency for all condominium conversion applications subject to Subdivision Code Sections 1396 et seq., the condominium conversion lottery; and making environmental findings.

1/10/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

1/10/2006, PASSED ON FIRST READING AS AMENDED.

1/17/2006, CONTINUED. Supervisor Mirkarimi previously excused from voting on this matter. Continued to January 24, 2006

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

13. 051539 [Confirming the appointment of the Director of Transportation to the Transbay Joint Powers Authority]

Resolution confirming the appointment of the Director of Transportation to the Transbay Joint Powers Authority as the representative of the Municipal Transportation Agency Board of Directors, effective August 16, 2005. (Municipal Transportation Agency)

Question: Shall this Resolution be ADOPTED?

14. 051898 [Appointment - Local Homeless Coordinating Board]

Resolution appointing Christine Ma, M.D., for a term to be determined, to the Local Homeless Coordinating Board, residency requirement waived. (Controller)

Question: Shall this Resolution be ADOPTED?

CALLED FROM THE CITY AND SCHOOL DISTRICT SELECT COMMITTEE

Board of Supervisors Sitting as a Committee of the Whole

15. 060073 [Hearing - S.F. Unified School District Superintendent Severance Package]

Hearing to consider a proposed resolution urging San Francisco Unified School District Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package. (Clerk of the Board)

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

16. 051580 [Urging SFUSD Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package] Supervisor Sandoval

Resolution urging San Francisco Unified School District Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package.

9/20/2005, REFERRED to City and School District Select Committee. Supervisor Maxwell requested that this matter be referred to Committee.

1/17/2006, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Sandoval called this measure from City and School District Select Committee for Board consideration January 24, 2006

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2.

17. 051852 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 730 Great Highway]

Hearing of persons interested in or objecting to the decision of the Planning Department dated July 19, 2004, (Case No. 031009E), exempting from environmental review under General Rule (State CEQA Guidelines, Section 15061 (b)(3)), the proposed construction project at 730 Great Highway. The project would construct a three-story, four-unit dwelling structures, 31.5 feet high with 6,540 square feet living area, 840 square feet garage which accommodate 4 off-street parking spaces. The proposed site is a 3,360 square feet vacant lot at east Great Highway and about 141 feet south from Balboa Street, zoned RM1, 40-X Height and Bulk District, within coastal Special Use District (SUD) and Special Sign District (SSD). (Appellant: Stephen M. Williams representing the Ocean Parc Village Homeowners Association.)

12/6/2005, CONTINUED. The President inquired as to whether or not any member wished to address the Board. There were none. Continued to January 17, 2006 at 4:00 p.m.

1/17/2006, CONTINUED. Continued to January 24, 2006

Action:___________________________

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

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

18. 051853 [Affirming the categorical exemption issued for 730 Great Highway]

Motion affirming the determination by the Planning Department that the 730 Great Highway project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

12/6/2005, CONTINUED. Continued to January 17, 2006 at 4:00 p.m.

1/17/2006, CONTINUED. Continued to January 24, 2006

Question: Shall this Motion be ADOPTED?

19. 051854 [Disapproving the categorical exemption issued for 730 Great Highway]

Motion disapproving the determination by the Planning Department that the 730 Great Highway project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

12/6/2005, CONTINUED. Continued to January 17, 2006 at 4:00 p.m.

1/17/2006, CONTINUED. Continued to January 24, 2006

Question: Shall this Motion be ADOPTED?

20. 051855 [Preparation of findings related to the categorical exemption issued for 730 Great Highway]

Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 730 Great Highway project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

12/6/2005, CONTINUED. Continued to January 17, 2006 at 4:00 p.m.

1/17/2006, CONTINUED. Continued to January 24, 2006

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:00 P.M.

21. 051936 [Public Hearing - Appeal of Final Mitigated Negative Declaration for 2660 Harrison Street]

Hearing of persons interested in or objecting to the decision of the Planning Department dated November 3, 2005, File Number 2004.0672E, for the proposed development project at 2660 Harrison Street.

(Filed 11/23/05; companion measure to Files 051936, 051937, 051938, 051939, District 9.)on

12/13/2005, CONTINUED. The President inquired as to whether or not any member of the public wished to address the Board. Continued to January 24, 2006.

Action:___________________________

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

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

22. 051937 [Affirming adoption of the final mitigated negative declaration for 2660 Harrison Street]

Motion affirming Planning Commission adoption of the final mitigated negative declaration for 2660 Harrison Street. (Clerk of the Board)

12/13/2005, CONTINUED. Continued to January 24, 2006

Question: Shall this Motion be ADOPTED?

23. 051938 [Reversing adoption of the final mitigated negative declaration for 2660 Harrison Street]

Motion reversing the Planning Commission adoption of the final mitigated negative declaration for 2660 Harrison Street. (Clerk of the Board)

12/13/2005, CONTINUED. Continued to January 24, 2006

Question: Shall this Motion be ADOPTED?

24. 051939 [Preparation of findings to reverse adoption of the final mitigated negative declaration for 2660 Harrison Street]

Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the final mitigated negative declaration for 2660 Harrison Street. (Clerk of the Board)

12/13/2005, CONTINUED. Continued to January 24, 2006

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:00 P.M.

25. 051991 [Public Hearing - Conditional Use Appeal for 2660 Harrison Street]

Hearing of persons interested in or objecting to the Planning Commission by its Motion No. 17139 dated November 3, 2005, approving Conditional Use Application No. 2004.0672ECV, subject to certain conditions, to allow the construction of dwelling units within a C-M (Heavy Commercial) zoning district pursuant to Planning Code Section 215(a) in order to demolish an existing vacant commercial building and construct two new four story over garage buildings containing a total of sixty-eight dwelling units and sixty-eight off-street parking spaces on a property within a C-M (Heavy Commercial) zoning district, the 'Housing/Mixed Use' sub-area of the Eastern Neighborhoods planning area as set forth in Planning Commission Resolution Number 16727, and a 40-X Height and Bulk District, located at 2660 Harrison Street, on the west side between 22nd and 23rd Streets. (Appellant: Sue Hestor, attorney for Nick Pagoulatos/Mission Anti-Displacement; subscribed by Supervisors Tom Ammiano, Chris Daly, Aaron Peskin, Sophie Maxwell and Jake McGoldrick.)

(Filed 12/5/05; companion measure to Files 051992, 051993, 051994; District 9.)

1/10/2006, CONTINUED. Continued to January 24, 2006.

Action:___________________________

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

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

26. 051992 [Approving Planning Commission decision related to Conditional Use Appeal for 2660 Harrison Street]

Motion approving decision of the Planning Commission by its Motion No. 17139, approving Conditional Use Application No. 2004.0672ECV on a property located at 2660 Harrison Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

1/10/2006, CONTINUED. Continued to January 24, 2006.

Question: Shall this Motion be ADOPTED?

27. 051993 [Disapproving Planning Commission decision related to Conditional Use Appeal for 2660 Harrison Street]

Motion disapproving decision of the Planning Commission by its Motion No. 17139, approving Conditional Use Application No. 2004.0672ECV on a property located at 2660 Harrison Street. (Clerk of the Board)

1/10/2006, CONTINUED. Continued to January 24, 2006.

Question: Shall this Motion be ADOPTED?

28. 051994 [Preparation of findings related to the Conditional Use Appeal for 2660 Harrison Street]

Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2004.0672ECV on a property located at 2660 Harrison Street, for action by the Board at its next meeting. (Clerk of the Board)

1/10/2006, CONTINUED. Continued to January 24, 2006.

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

The following items will be considered by the Land Use Committee at a Regular Meeting on Thursday, January 19, 2006 at 1:00 p.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, January 24, 2006.

29. 051142 [Construction and Demolition Debris Recovery] Mayor, Supervisors Ma, Sandoval

Ordinance amending the Building Code by amending Chapter 13 of the Building Code to change the title of the Chapter from "Energy Conservation" to "Resource Conservation" and adding Chapter 13B entitled "Construction and Demolition Debris Recovery Program;" amending the Health Code by adding Sections 288 and 288.1; and amending the Environment Code by adding Chapter 14, entitled Construction and Demolition Debris Recovery Ordinance, to establish a comprehensive program to require the recovery rather than landfill disposal of construction and demolition debris generated in San Francisco by prohibiting disposal of such debris with garbage; imposing requirements and conditions in building permits; establishing a program to register construction and demolition debris transporters and processing facilities; and establishing enforcement mechanisms including penalties; amending the Police Code Section 39-1 to implement the new program; setting an operative date; and making environmental findings.

Question: Shall this Ordinance be PASSED ON FIRST READING?

30. 051453 [Off-Street Parking In C-3 Zoning Districts] Supervisor Daly

Ordinance amending the San Francisco Planning Code by amending Sections 151, 151.1, 154, 155, 155.5, 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 and adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 051818 [Green Business Program] Supervisors Maxwell, Sandoval

Ordinance amending the Environment Code by adding Chapter 15 to authorize a City-wide Green Business Program and amending Business and Tax Regulations Code Section 906.2 to require a clean technology business to be a recognized Green Business in order to be eligible for a payroll tax exclusion under that section.

Question: Shall this Ordinance be PASSED ON FIRST READING?

32. ROLL CALL FOR INTRODUCTIONS

Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

33. PUBLIC COMMENT

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

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 34 through 39

34. 060067 [Affirming the San Francisco's City of Refuge Ordinance and condemning the "Border Protection, Anti-Terrorism, and Illegal Immigration Control Act", HR 4437] Supervisors Daly, Sandoval

Resolution affirming the City and County of San Francisco's City of Refuge Ordinance and its commitment to providing a safe, healthy and dignified place to live for its immigrant communities, regardless of immigration status and condemning the "Border Protection, Anti-Terrorism, and Illegal Immigration Control Act" - HR 4437.

1/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 060068 [National Blood Donor Month] Supervisor Ma

Resolution recognizing January 2006 as "National Blood Donor Month".

1/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 060069 [19th Avenue Signal Upgrades] Supervisors Ma, Elsbernd

Resolution urging the California Department of Transportation (CalTrans) to promptly upgrade the traffic signals on 19th Avenue.

1/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 060070 [Commending the Martin Luther King-Marcus Garvey Cooperative Square Apartments] Supervisor Mirkarimi

Resolution commending the Martin Luther King-Marcus Garvey Cooperative Square Apartments.

1/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 060071 [Endorsing Old Mint Grant Application] Supervisor Peskin

Resolution endorsing the application to the California Cultural and Historical Endowment (CCHE) by the San Francisco Museum and Historical Society for CCHE Grant Funds to assist in the seismic retrofit of the historic Old Mint as a central part of the effort to rehabilitate and restore the historic building and create therein a San Francisco History Museum and supporting continued site control by the San Francisco Museum and Historical Society of the Old Mint for such purposes.

1/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 060072 [Recommending that the City and County of San Francisco adopt the Seattle Seahawks as its official football team for the duration of the 2006 playoff season] Supervisor Sandoval

Resolution recommending that the City and County of San Francisco adopt the Seattle Seahawks as its official football team for the duration of the 2006 playoff season.

1/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

40. IMPERATIVE AGENDA

Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from January 10, 2006 through January 13, 2006, for reference by President to appropriate committee on January 24, 2006.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from January 10, 2006 through January 13, 2006, for reference by President to appropriate committee on January 24, 2006.

060048 [Public Auction]

Resolution authorizing Tax Collector to sell at public auction certain parcels of tax-defaulted real property. (Treasurer-Tax Collector)

1/10/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060049 [Contract funds to receive reimbursement for children enrolled in the Healthy Kids insurance program]

Resolution authorizing the San Francisco Department of Public Health (SFDPH), to enter into a two year agreement with the California Managed Risk Medical Insurance Board (MRMIB) to receive reimbursement for children enrolled in the Healthy Kids insurance program, and expend funds in the amount of up to $4,378,351; for the period of July 1, 2005, through June 30, 2007. (Public Health Department)

1/10/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060054 [MUNI Operator Restrooms at Various Locations]

Resolution granting revocable permission to Municipal Transportation Agency (MTA), to occupy a portion of the public right-of-way to install and maintain one (1) MUNI Operator Restroom at each of the following locations: within an existing traffic island on Geneva Avenue at Munich Street; on the westerly sidewalk of Main Street, southerly of Howard Street; on the easterly sidewalk of Main Street, northerly of Mission Street, 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)

1/12/2006, RECEIVED AND ASSIGNED to Land Use Committee.

060056 [Contract funds to provide evaluations for the SAGE Health Education and Prevention Services Project]

Resolution authorizing the San Francisco Department of Public Health (SFDPH), to enter retroactively into a subcontract agreement with the SAGE Project, Inc., the primary contractor, and expend funds in the amount of $205,000 to provide local process and outcome evaluations for the SAGE Health Education and Prevention Services Project for the period of September 30, 2005, to September 29, 2010. (Public Health Department)

1/12/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060058 [Contract approval - Municipal Transportation Quality Review]

Resolution approving the award and execution of San Francisco Municipal Railway Contract Number CCO 05-914, Municipal Quality Review, to Nelson\Nygaard Consulting Associates, to conduct the Quality Review required under Charter Section 8A.107, for a total contract amount not to exceed $50,000 and for a Charter Section 8A.107, for a total contract amount not to exceed $50,000 and for a term of two years, with an option to extend up to an additional two years to cover the nest review period. (Municipal Transportation Agency)

1/12/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060102 [Petitions and Communications]

Petitions and Communications received from January 10, 2006 through January 13, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on January 24, 2006.

From Ethics Commission, regarding regulations adopted at the January 9, 2006
Meeting related to the Commission's Regulations for Investigations and Enforcement Proceedings. (1)

From Office of the City Attorney, regarding the renovation of the Bernal Heights Branch Library. File 051928, Copy: Each Supervisor(2)

From concerned citizens, submitting opposition to proposed legislation regarding the Better Neighborhoods Plus Ordinance. File 050601, Copy: Each Supervisor(3)

From Law Offices of Stephen Williams, submitting request for a one-week continuance of appeal of Categorical Exemption from Environmental Review of property located at 730 Great Highway. File 051852, Copy: Each Supervisor, City Attorney(4)

From Walter Caplan, submitting appeal opposing decision from Planning Department for exemption from environmental review for installation of a fire suppression system to an existing equipment building for Comcast at 1 La Avanzada Street.(5)

From Office of the City Attorney, submitting notice that appeal filed by Walter Caplan opposing decision from Planning Department for exemption from environmental review for installation of a fire suppression system to an existing equipment building for Comcast at 1 La Avanzada Street was filed in a timely manner.File 060007(6)

From Office of the City Attorney, regarding the Department of Public Works decision denying tentative parcel map for property located at 901 Bush Street.
File 051751, Copy: Each Supervisor(7)

From Office of the City Attorney, submitting copy of letter sent to Mr. Kimo Crossman requesting more than 50 public record requests of City departments over the past several months. Copy: Each Supervisor, Sunshine Ordinance Task Force(8)

From Office of the Controller, inviting Supervisor Peskin or his designee to serve on the Policy Advisory Group for a vital planning effort underway at the Municipal Transportation Agency -Transit Effectiveness Project.(9)

From concerned citizens, withdrawing appeal of the Planning Department's decision to issue a general rule exclusion from environmental review for the proposed Off-Street Parking in C-3 Zoning Districts Ordinance. File 051996, Copy: Each Supervisor(10)

From Police Department, submitting request for waiver of Chapters 12B and 12C of the Administrative Code for the Holiday Inn Golden Gateway.(11)

From Craig Wathen, submitting request for a Type 42 on-sale beer and wine public premises license for "City Beer Store" located at 1168 Folsom Street.(12)

From United Taxicab Workers, submitting support for proposed legislation authorizing City inspection of limousine waybills and providing for penalties against limousines operating as unlicensed taxicabs. File 051720, Copy: Each Supervisor(13)

From Office of the Clerk of the Board, submitting Form 700 Statement of Economic Interests for Perrin Rowe, Legislative Assistant to Supervisor Elsbernd.(14)

From Office of the Controller, submitting report concerning the financial review of the nonprofit Filipino-American Council of San Francisco.(15)

From Office of the Controller, submitting the audited Comprehensive Annual Financial Report for the 2004-05 fiscal year that ended June 30, 2005.(16)

From California Financial Service Providers, expressing concerns over the proposed zoning interim moratorium on new check cashing and payday lender uses. File 051721, Copy: Each Supervisor(17)

From Lily Siu, submitting opposition to the Planning Department's decision, approving Conditional Use Application on property located at 80 West Portal Avenue. File 051784(18)

From Planning Association for the Richmond, submitting opposition to the Planning Department's decision, approving exemption from environmental review for property located at 733 27th Avenue.File 051755(19)

From Supervisor Maxwell, submitting copy of memo sent to the Planning Commission on proposed changes to the inclusionary housing ordinance.(20)

From Department of Parking and Traffic, submitting notice that the graffiti from nine signs on Steiner Street between O'Farrell and Turk Streets has been removed. (Reference No. 20051025-003) Copy: Supervisor Mirkarimi(21)

From Department of Parking and Traffic, submitting notice that the graffiti from the street signs at the intersection of Oak and Baker Streets has been removed. (Reference No. 20051101-005) Copy: Supervisor Mirkarimi(22)

From Department of Parking and Traffic, submitting notice that the graffiti from the street signs along the north side of Oak Street between Fillmore and Webster Streets has been removed. (Reference No. 20051101-006) Copy: Supervisor Mirkarimi(23)

From Municipal Transportation Agency, regarding the feasibility of installing a flashing crosswalk light or some other traffic calming measures at the intersection of Lake Merced Boulevard and Lake Merced Hill. (Reference No. 20051108-007) Copy: Supervisor Mirkarimi(24)

From concerned citizens, submitting opposition to proposed legislation that requires Planning Commission hearings to address General Plan consistency for all condominium conversion applications subject to Subdivision Code Section 1396.File 051637(25)

From concerned citizens, regarding homeownership in San Francisco.(26)

From Mary Ramirez, submitting opposition to legislation that eliminates the felony conviction disclosure requirement for prospective City employees.(27)

From Department of Parking and Traffic, submitting notice that the graffiti from the street parking signs on Fillmore Street between Fulton and Eddy Streets has been removed. (Reference No. 20051206-007) Copy: Supervisor Mirkarimi(28)

From Harvey Sherback, submitting copy of letter sent to the Port Commission entitled "The Port of San Francisco becomes a green utility", dated January 11, 2006. Copy: Each Supervisor(29)

From Comcast Cable, submitting notice that Comcast has begun providing a 30 day bill message notifying customers of the $0.52 pass through fee in support of the City's PEG capital and facilities costs. File 051005(30)

From Sarah Kristol, concerning the special education programs in San Francisco public schools.(31)

From concerned citizens, regarding the closure of schools in San Francisco.(32)

ADJOURNMENT

Meeting Procedures

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

Disability access

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

Know Your Rights Under the Sunshine Ordinance

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

Lobbyist Registration and Reporting Requirements

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

Last updated: 7/8/2010 1:41:51 PM

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the Budget and Finance Committee



		Present: Supervisors Daly, Dufty, Peskin

1.	051942	[Amendment to Paratransit Broker Agreement]
		Resolution approving Amendment No. 6 to Agreement between the City and County of San Francisco and ATC/Vancom, Inc., to lease up to 20 accessible vans to the Contractor to be subleased to Lift Van/ADA Access service providers participating in the City's Paratransit Program. (Municipal Transportation Agency)



		Question: Shall this Resolution be ADOPTED?

2.	052045	[Proposition J Certification, Status Offender Shelter and Intake Services]
		Resolution concurring with the Controller's certification that Intake and Shelter Services to Status Offenders can be practically performed by a private contractor for a lower cost than similar services performed by city and county employees. (Juvenile Probation Department)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Land Use Committee

		Present: Supervisors Maxwell, Sandoval, McGoldrick

3.	051983	[Changing the official sidewalk width - Turk Street]	Supervisor Daly
		Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1568 to change the official sidewalk width on the southerly side of Turk Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department)


		1/17/2006, PASSED ON FIRST READING. Supervisor Daly requested to be added as sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	051984	[Changing the official sidewalk width - Market, Main, and Spear Streets]
		Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1567 to change the official sidewalk widths on the southerly side of Market Street, easterly side of Main Street, and the westerly side of Spear Street; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk widths changes. (Public Works Department)


		1/17/2006, PASSED ON FIRST READING. Supervisor Daly requested to be added as sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee



		Present: Supervisors Alioto-Pier, Peskin

5.	051871	[Settlement of Lawsuit - Kristen Odlaug v. City and County of San Francisco and Robert Palu]
		Ordinance authorizing settlement of the lawsuit filed by plaintiff Kristen Odlaug against the City and County of San Francisco for payment of $400,000, including all damages, attorneys' fees and costs; the lawsuit was filed on April 13, 2004, in San Francisco Superior Court, Case No. 430-509, entitled Kristen Odlaug v. City and County of San Francisco and Robert Palu.


		1/10/2006, CONTINUED. Continued to January 17, 2006.

		1/17/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

6.	052043	[Settlement of Lawsuit -Frank Euphrate, et al.]
		Ordinance authorizing settlement of the lawsuit filed by Frank Euphrate against the City and County of San Francisco for $925,000; the lawsuit was filed on September 10, 2003 in San Francisco Superior Court, Case No. 424-288; entitled Frank Euphrate, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	051980	[Unlitigated Claim against Pacific Gas and Electric Company]
		Resolution authorizing settlement of the unlitigated claim by the City and County of San Francisco against Pacific Gas and Electric Company for $615,222.78 for damages caused by power outage of December 20-21, 2003. (City Attorney)



		Question: Shall this Resolution be ADOPTED?

8.	051986	[Settlement of Claim - AMPCO System Parking]
		Resolution approving the settlement of the unlitigated claim for Parking Tax Refund filed by AMPCO System Parking against San Francisco for $93,134.89. (City Attorney)



		Question: Shall this Resolution be ADOPTED?


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

9.	060101	[Adopting findings related to affirming the CEQA exemption determination issued for a proposed ordinance regulating off-street parking in C-3 zoning districts]
		Motion adopting findings affirming the determination by the Planning Department that the proposed ordinance regulating off-street parking in C-3 zoning districts is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		1/13/2006, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

10.	060059	[Motion adopting findings related to the categorical exemption issued for 733 27th Avenue]
		Motion adopting findings related to the determination by the Planning Department that the 733 27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

		(Companion measure to Files 051755, 051756, 051757, 051758.)
		1/13/2006, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

	Recommendation of the City Operations and Neighborhood Services Committee



		Present: Supervisors McGoldrick, Dufty, Ma

11.	051903	[Paratransit Reimbursement - Taxi Meter Rates]	Supervisor Alioto-Pier
		Ordinance amending Article 16, Section 1137.5 of the San Francisco Police Code to extend the taxi meter rate offset for the paratransit program to December 31, 2006.


		1/10/2006, PASSED ON FIRST READING. Supervisor Daly, seconded by Supervisor Ammiano, moved to continue to January 24, 2006. Motion to continue January 24, 2006: Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, McGoldrick, Peskin, Sandoval Excused: 1- Alioto-Pier

		1/10/2006, CONTINUED. Continued to Janaury 24, 2006


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use Committee



		Present: Supervisors Maxwell, Sandoval, McGoldrick

12.	051637	[Subdivision Code - Planning Commission hearings on condominium conversions]	Supervisor Daly
		Ordinance amending Subdivision Code Sections 1332 and 1359 to require Planning Commission hearings to address General Plan consistency for all condominium conversion applications subject to Subdivision Code Sections 1396 et seq., the condominium conversion lottery; and making environmental findings.


		1/10/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		1/10/2006, PASSED ON FIRST READING AS AMENDED.

		1/17/2006, CONTINUED. Supervisor Mirkarimi previously excused from voting on this matter. Continued to January 24, 2006


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee



		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

13.	051539	[Confirming the appointment of the Director of Transportation to the Transbay Joint Powers Authority]
		Resolution confirming the appointment of the Director of Transportation to the Transbay Joint Powers Authority as the representative of the Municipal Transportation Agency Board of Directors, effective August 16, 2005. (Municipal Transportation Agency)



		Question: Shall this Resolution be ADOPTED?

14.	051898	[Appointment - Local Homeless Coordinating Board]
		Resolution appointing Christine Ma, M.D., for a term to be determined, to the Local Homeless Coordinating Board, residency requirement waived. (Controller)



		Question: Shall this Resolution be ADOPTED?

	CALLED FROM THE CITY AND SCHOOL DISTRICT SELECT COMMITTEE

	Board of Supervisors Sitting as a Committee of the Whole

15.	060073	[Hearing - S.F. Unified School District Superintendent Severance Package]
		Hearing to consider a proposed resolution urging San Francisco Unified School District Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package. (Clerk of the Board)



		Action:___________________________

	Committee of the Whole Adjourn and Report Without Recommendation

16.	051580	[Urging SFUSD Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package]	Supervisor Sandoval
		Resolution urging San Francisco Unified School District Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package.


		9/20/2005, REFERRED to City and School District Select Committee. Supervisor Maxwell requested that this matter be referred to Committee.

		1/17/2006, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Sandoval called this measure from City and School District Select Committee for Board consideration January 24, 2006


		Question: Shall this Resolution be ADOPTED?

	SPECIAL ORDER 4:00 P.M.



		APPEAL PROCEDURES Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2.

17.	051852	[Public Hearing - Appeal of Categorical Exemption from Environmental Review for 730 Great Highway]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated July 19, 2004, (Case No. 031009E), exempting from environmental review under General Rule (State CEQA Guidelines, Section 15061 (b)(3)), the proposed construction project at 730 Great Highway. The project would construct a three-story, four-unit dwelling structures, 31.5 feet high with 6,540 square feet living area, 840 square feet garage which accommodate 4 off-street parking spaces. The proposed site is a 3,360 square feet vacant lot at east Great Highway and about 141 feet south from Balboa Street, zoned RM1, 40-X Height and Bulk District, within coastal Special Use District (SUD) and Special Sign District (SSD). (Appellant: Stephen M. Williams representing the Ocean Parc Village Homeowners Association.)


		12/6/2005, CONTINUED. The President inquired as to whether or not any member wished to address the Board. There were none. Continued to January 17, 2006 at 4:00 p.m.

		1/17/2006, CONTINUED. Continued to January 24, 2006


		Action:___________________________