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March 07, 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

seal of the city and county of sf

AGENDA
Tuesday, March 7, 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

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

1. 060076 [To appropriate $5,216,754 to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for DPW for Fiscal Year 2005-06] Mayor
Ordinance appropriating $5,216,754 of Fiscal Year 2005-2006 State Traffic Congestion Relief Funds to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for the Department of Public Works for Fiscal Year 2005-2006.
(Fiscal impact.)

2/28/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Ammiano, Alioto-Pier, Peskin

2. 060078 [Capital Expenditure Plan; timeline amendments for initial submission and approval] Supervisor Elsbernd
Ordinance amending Administrative Code Section 3.20 to provide that the initial ten-year capital expenditure plan to be prepared thereunder shall be submitted to the Mayor and the Board of Supervisors by May 1, 2006 and that the Mayor and the Board of Supervisors shall review, update, amend and adopt such plan by resolution by August 1, 2006.
2/28/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

3. 051562 [Zoning Map Amendment in connection with Third Street and Oakdale Avenue Affordable Housing Special Use District] Supervisor Maxwell
Ordinance amending Zoning Map Section 10 and 10SU of the City and County of San Francisco for the property at 4800 Third Street (Lot 45, Assessor's Block 5322), located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street; adopting findings under the California Environmental Quality Act; and making findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.
2/28/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

4. 051563 [Third Street and Oakdale Avenue Affordable Housing Special Use District] Supervisor Maxwell
Ordinance adding Planning Code Section 249.30 to establishing the Third Street and Oakdale Avenue Affordable Housing Special Use District for property at 4800 Third Street (Lot 45, Assessor's Block 5322), located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street, and making findings including findings under the California Environmental Quality Act and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.
2/28/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

5. 052044 [Settlement of Lawsuit - Mary Williams]
Ordinance authorizing settlement of the matter of Mary Williams v. City and County of San Francisco for $225,000. The lawsuit was filed on November 5, 2004 in San Francisco Superior Court, Case No. 436-121; entitled Mary Williams v. City and County of San Francisco, et al. (City Attorney)
2/28/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

6. 060006 [Settlement of Claims - Pacific Gas & Electric Company]
Ordinance authorizing settlement of a claim filed by Pacific Gas & Electric Company (PG&E) against the City and County of San Francisco (City) and a complaint filed by the City against PG&E. PG&E's claim was filed on April 9, 2004, in the United States Bankruptcy Court and amended on June 1 and June 11, 2004, Case No. 01-30923-DM, Adversary Proceeding No. 04-3071. The City's complaint against PG&E was filed on June 29, 2005 at the Federal Energy Regulatory Commission, Docket No. EL05-133-000.
2/28/2006, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

7. 060097 [Settlement of Lawsuit - Maria Castillo]
Ordinance authorizing settlement of the lawsuit filed by Maria Castillo against the City and County of San Francisco for $40,000; the lawsuit was filed on January 18, 2005 in San Francisco Superior Court, Case No. 437-830; entitled Maria Castillo, et al., v. City and County of San Francisco, et al. (City Attorney)
2/28/2006, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

8. 060099 [Settlement of Lawsuit and Grievance - Gary Thompson]
Ordinance authorizing settlement of the lawsuit filed by Gary Thompson and the grievance filed by his Union, Service Employees Service Employees International Union, Local 790, against the City and County of San Francisco for $199,000; the lawsuit was filed on May 14, 2003 in United States District Court, Northern District of California, Case No. CV-03-02243-WDB and is entitled Gary Thompson v. City and County of San Francisco, et al; the grievance was filed on August 28, 2003 and is entitled Service Employees International Union, Local 790 v. City and County of San Francisco, ERD No. 12-03-1143. (City Attorney)
2/28/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

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

9. 051792 [Regulating Deemed Approved Off-Sale Alcohol Uses and Establishing An Annual Fee] Supervisors Maxwell, Dufty, Peskin, Ma, Mirkarimi
Ordinance amending the Administrative Code to add Chapter 26, ("Deemed Approved Off-Sale Alcohol Use Nuisance Regulations"), deeming all existing non-conforming and permitted off-sale alcohol uses "approved;" establishing an administrative hearing process to abate nuisance activities by deemed approved off-sale alcohol uses; creating a list of performance standards that reflect existing local nuisance and related state and federal laws; providing for an education and outreach program; authorizing penalties for violation of performance standards including administrative penalties from $500 to $1000 or revocation of deemed approved status; providing for appeals of conditions or administrative penalties to the Board of Appeals; providing for appeals of the revocation of deemed approved status to the Board of Supervisors or the Board of Appeals; setting an annual fee of $264 for deemed approved off-sale alcohol uses; establishing a deemed approved off-sale alcohol use nuisance regulation continuing project accounts within the City's General Fund; and making environmental findings.
2/14/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
2/14/2006, CONTINUED. Continued as amended to February 28, 2006.
2/28/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
2/28/2006, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Dufty, Peskin

10. 060205 [Requiring Notice to Potential Buyers of Certain Deemed Approved Off-Sale Alcohol Uses Where the Use Has Violated the Performance Standards.] Supervisors Daly, Ammiano
Ordinance amending the ordinance Regulating Deemed Approved Off-Sale Alcohol Uses and Establishing An Annual Fee (Board File No. 051792) by amending Section 26.20 to require that the seller of a Deemed Approved Off-Sale Alcohol Use ("Use") provide certain notice to potential buyers of the Use if the Use has, within the past three years, been the subject of an administrative hearing at which a finding of violation of the Performance Standards was made, at which conditions were imposed on the Use's continued operations, and/or at which administrative penalties were imposed on the Use for violation of the Performance Standards; and making environmental findings.
2/14/2006, CONTINUED. Continued to February 28, 2006 Supervisor Ammiano requested to be added as a co-sponsor.
2/28/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

11. 051908 [Health Care Accountability Ordinance] Supervisors Ammiano, McGoldrick
Ordinance amending the San Francisco Administrative Code by amending Sections 12Q.2.1, 12Q.2.2, 12Q.2.9, 12Q.3, 12Q.4, 12Q.5 and 12Q.6, and adding Sections 12Q.5.1, and 12Q.5.2, and 12Q.8 to: change the requirements of the Health Care Accountability Ordinance with respect to health benefit plans, exemptions for certain categories of employees and agreements, and the payment rates due from employers; authorize the Health Commission to increase the payment rates; authorize the withholding of contract payments; make both substantive and clarifying changes with respect to obligations imposed on Contracting Parties for notification, investigation, auditing, inspection, enforcement, and settlement procedures; revise procedures for the assessment of liquidated damages; establish a process for determining violations and for the administrative appeal of such determinations; authorize waiver of requirements of the Ordinance through collective bargaining; and ratify certain administrative actions.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Daly, Peskin, Mirkarimi, Elsbernd

12. 060215 [To appropriate $4,910,000 of funding from the General Fund Reserve and de-appropriate savings to fund cost overruns in the Police Department for Fiscal Year 2005-2006.] Supervisor Daly
Ordinance appropriating $4,910,000, including $3,570,000 of funding from the General Fund Reserve and de-appropriating $1,300,000 in workers' compensation savings and $40,000 in permanent miscellaneous salary cost savings, to fund the cost overruns of overtime, and adjust salaries and fringe benefits in the Police Department for Fiscal Year 2005-06.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Daly, Dufty, Peskin, Elsbernd

13. 060031 [Approving a contract between the City and County of San Francisco and the American Registry for Internet Numbers, LTD. (ARIN) for registration of Internet Protocol address space] Supervisor Dufty
Ordinance approving a contract between the City and County of San Francisco and the American Registry for Internet Numbers, LTD. (ARIN), for the registration of Internet Protocol address space, required to increase the City's bandwidth on the Internet and designating ARIN as the sole source contractor for the registration of Internet Addresses, and waiving the competitive procurement requirements of the San Francisco Administrative Code Chapter 21 for this service, and approving the City indemnifying and holding ARIN harmless against claims arising from the activities of the City under the contract, and waiving the requirement of Section 21.35 of the San Francisco Administrative Code that every contract contain a statement regarding liability of claimants for submitting false claims, and waiving the requirement of Section 21.19(d) of the San Francisco Administrative Code that a City contract not contain an automatic renewal provision.
Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 060244 [Water Line Relocation Agreement] Supervisor Peskin
Resolution approving and authorizing the execution and delivery of a Water Line Relocation Agreement with San Francisco Community College ("City College") authorizing the exchange of real property interests in the City and County of San Francisco following the completion of construction of a new water pipeline; adopting findings of consistency with the General Plan and priority policies of Planning Code Section 101.1; and adopting environmental findings.
(Supervisor Daly dissenting in committee.)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd

15. 060130 [Emergency replacement of chiller at San Francisco General Hospital]
Resolution approving an emergency public work contract of the replacement of a chiller at San Francisco General Hospital. (Public Works Department)
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

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

16. 051889 [Policy that the City should supply electricity to new City developments where feasible] Supervisors Mirkarimi, Sandoval
Ordinance amending the Administrative Code to add Chapter 99: Public Power in New City Developments, establishing as the policy of the City and County of San Francisco that, where feasible, the City shall be the electricity provider for new City developments, including military bases and redevelopment projects.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, Sandoval

17. 060085 [Hunters Point Shoreline Interim Controls] Supervisors Maxwell, McGoldrick, Alioto-Pier
Resolution adopting interim zoning controls in the Hunters Point Shoreline area for a period of eighteen (18) months that would, within the currently zoned M-1 and M-2 areas generally bounded by Jennings Street, Hunters Point Boulevard, Innes Avenue, Earl Street and the San Francisco Bay, permit new housing as an accessory use to certain designated uses, or if it is contained within a permitted institutional use, or with a required ratio of four (4) square feet of permitted non-residential use for every one (1) square foot of residential space built; that would, within the currently zoned NC-2 area abutting Innes Avenue and Hunters Point Boulevard between Jennings Street and Earl Street, permit new housing on other than the ground floor and in conjunction with non-residential development; that would require a conditional use permit for all new construction or change in use in the M-1 and M-2 zoning districts and for all uses that include new housing in the NC-2 zoning district, and adopting findings.
Question: Shall this Resolution be ADOPTED?

Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Ammiano, Alioto-Pier, Peskin

18. 060223 [MOU - Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1)] Mayor
Ordinance adopting and implementing Amendment No. 2, the negotiated agreement that amends the 2003-2007 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1) by amending the parties' agreement to reflect wages, hours and working conditions for classification H-3 EMT/Paramedic/Firefighter.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

19. 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.

20. 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

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY

21. 060288 [Closed Session - Conference with City's Labor Negotiators (Collective Bargaining)]
Motion that the Board of Supervisors convene in closed session with the City's Labor Relations Negotiators, the Mayor and the Director of Human Relations, for the purpose of reviewing the City's positions in pending labor negotiations with organizations representing the City employee groups.

This closed session is permitted by Government Code Section 54957.6, and San Francisco Administrative Code Section 67.8.
Question: Shall this Motion be ADOPTED?

After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.

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 22 through 38

22. 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 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.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

23. 060249 [Authorizing the Director of the Department of Public Works to accept and expend federal grant funds totaling $6,110,000 for the SOMA Pavement Renovation Project and the Cortland Avenue Supervisor Ammiano
Resolution authorizing the Director of the Department of Public Works to accept and expend federal Surfacing Transportation Program funds totaling $6,110,000 for the SOMA Pavement Renovation Project and the Cortland Avenue Pavement Renovation Project.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

24. 060257 [Apply for grants from a state agency - Department of the Environment] Supervisor Ma
Resolution authorizing the Department of the Environment to apply for a planning grant from the California Cultural and History Endowment in the amount of $138,060 to be used for design development and construction documents for the renovation its new site on the ground floor of 25 Van Ness.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

25. 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).
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

26. 060259 [Supporting S.B. 1033 and H.R. 2330 to improve security and immigration] Supervisors Ma, Elsbernd
Resolution supporting S.B. 1033 and H.R. 2330, the Kennedy/McCain Bill to improve security and immigration.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

27. 060268 [Authorizing the Planning Department to apply for a Workforce Housing Reward Program Grant] Mayor
Resolution authorizing the Planning Department to apply for a Workforce Housing Reward Program Grant.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 060269 [Urging the IRS to reconsider ruling Domestic Partners and Community Property] Supervisor Ammiano
Resolution urging the IRS to reconsider their ruling on Domestic Partners and Community Property, and their declaration that everyone must file separately.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 060270 [Urging the Los Altos City Council to reconsider an amendment forbidding official proclamations referring to ethnicity, race, religion or sexual orientation] Supervisors Ammiano, Dufty
Resolution urging the Los Altos City Council to reconsider its decision to pass an amendment forbidding official proclamations which make reference specifically to ethnicity, race, religion, or sexual orientation.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 060271 [Urging Representatives Nancy Pelosi and Tom Lantos to support HR 4232, the "End the War in Iraq Act of 2005"] Supervisors Daly, Ammiano, Mirkarimi
Resolution urging Representatives Nancy Pelosi and Tom Lantos to add their names to the list of Representatives sponsoring HR 4232, the End the War in Iraq Act of 2005, introduced by Representative Jim McGovern; and urging Senators Diane Feinstein and Barbara Boxer to file legislation to the same effect in the Senate.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 060272 [Commending Vicki McWilliams] Supervisor Daly
Resolution commending Vicki McWilliams for her work to support community based organizations, improve communications and facilitate working relationships between government, business and community in the Mid-Market, Union Square and South of Market neighborhoods.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 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.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 060274 [Accept-Expend Federal Grant - Department of the District Attorney] Supervisor Maxwell
Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $443,989 through the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention, entitled "Bayview Community Response Network".
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 060275 [Commending Amy Ackerman] Supervisor Peskin
Resolution commending Amy Ackerman for her 16 years of service with the City Attorney's Office and declaring March 1, 2006 "Amy Ackerman Day" in San Francisco.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 060278 [Request for a backup plan for the June and November 2006 elections] Supervisor Mirkarimi
Resolution requesting the Department of Elections to prepare and present to the Board of Supervisors a backup plan for the June and November 2006 elections in case the Department's currently chosen vendor fails to have its voting equipment certified in time for use in such elections.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 060279 [Commending Jill Pfeiffer] Supervisor Sandoval
Resolution commending Jill Pfeiffer for her service as the Director of Excelsior Family Connections and her dedication to the Excelsior community.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 060276 [Extending Time for Labor Negotiations to June 30, 2006] Supervisor Peskin
Motion extending time for labor negotiations to June 30, 2006, pursuant to Charter Section 11.100.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

38. 060277 [Authorizing preparation of Proponent/Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 6, 2006 Election] Supervisor Peskin
Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for Charter Amendment approved by the Board of Supervisors for submittal to the voters at the June 6, 2006 Election.
2/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

39. 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 ORDINANCE
Proposed ordinance received from February 20, 2006 through February 27, 2006, for reference by President to appropriate committee on March 7, 2006.

060245 [Settlement of Lawsuit - Tutor Saliba Corporation, et al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, and City Attorney Dennis J. Herrera on behalf of the People of the State of California, against Ronald N. Tutor, Tutor-Saliba Corporation, Tutor-Saliba-Perini & Buckley, J.V., Perini Corporation, Buckley & Company, Inc., American Home Insurance Company, Fidelity and Deposit Company of Maryland, Swiss Reinsurance America Corporation and Aetna Casualty and Surety Company, filed on November 1, 2002 in the United States District Court, Northern District of California, Case No. 02-5286 CW (EMC), entitled City and County of San Francisco, et al., v. Tutor-Saliba Corporation, et al.; and the lawsuit filed by Tutor-Saliba Corporation against Dennis J. Herrera, Tutor-Saliba Corporation v. Herrera; filed on February 19, 2004 in San Francisco Superior Court, Case No. Civ. 434144, California Court of Appeal Case No. A0 108712, for payment by the Tutor Defendants of $19,000,000 to the City and County of San Francisco. Other material terms of said settlement are: (1) payments to be made by Tutor-Saliba Corporation or Tutor-Saliba Perini & Buckley, J.V. to the City and County of San Francisco as follows: $8,000,000 to be paid by June 30, 2006, $3,000,000 to be paid by June 30, 2007, $3,000,000 to be paid by June 30, 2008, and $5,000,000 to be paid by June 30, 2009. (City Attorney)
2/27/2006, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTION
Proposed resolution received from February 20, 2006 through February 27, 2006, for reference by President to appropriate committee on March 7, 2006.

060239 [Airport Revenue Bonds]
Resolution approving a form of letter of credit and reimbursement agreement relating to the Airport subordinate commercial paper notes and related matters. (Airport Commission)
2/24/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060292 [Petitions and Communications]
Petitions and Communications received from February 20, 2006 through February 27, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 7, 2006.

From Police Department, submitting request for wavier of Administrative Code Chapters 12B and 12C for Bill Graham Civic Auditorium Convention Facility.(1)

From Marie Brooks, urging the Board of Supervisors to stay focused on fixing local problems, such as having a clean, safe, healthy city for young and old to live in.(2)

From Department of Elections, certifying that the Initiative Ordinance for "Laguna Honda Zoning for Health Care Facilities" does quality for the June 6, 2006 Consolidated Primary Election in the City and County of San Francisco. Copy: City Attorney(3)

From Redevelopment Agency, submitting report regarding property sales subject to the California Health and Safety Code.(4)

From Sue Vaughan, submitting support for proposed amendments to the living wage law.(5)

From Office of the Controller, submitting opinion on the proposed Charter amendment that would establish a Homicide Prevention Plan and Planning Council. File 052009, Copy: Each Supervisor(6)

From Department of Human Services, submitting request for wavier of Administrative Code Chapters 12B and 12C for Target Department Store.(7)

From Supervisor Maxwell, submitting copy of letter sent to the Chief of Police regarding community policing at the March 6, 2006 Select Committee on Ending Gun and Gang Violence.(8)

From Office of the City Attorney, submitting notice that appeal of determination of exemption from environmental review for 229 32nd Avenue was filed in a timely manner. File 060240(9)

From Office of the City Attorney, submitting notice that the appeal of determination of exemption from environmental review for the Bernal Heights Park Open Space Improvements Phase 2 Project was not filed in a timely manner. File 060198(10)

From Beverages & More, submitting request for a Type 21 and 42 liquor license for Beverages and More at 1301 Van Ness Avenue.(11)

From Department of Human Resources, regarding the pilot mediation program to resolve employment discrimination complaints.(12)

From Department of Human Resources, regarding the Asian Art Museum's authority to make a policy barring a union representative from entering the museum without the purchase of a ticket. (Reference No. 20060207-010) Copy: Supervisor Daly(13)

From Sunshine Ordinance Task Force, regarding complaint filed by Dr. Ahimsa Porter Sumchai against Supervisor Maxwell for alleged inadequate proper notice of the December 6, 2005 Land Use Committee meeting. Copy: Supervisor Maxwell(14)

From concerned citizens, submitting support for full funding of the NERT program taught by the Fire Department.(15)

From Office of the Controller, submitting report on the concession audit of Harbor Airport, LLP.(16)

From Department of Public Works, regarding graffiti removal from various locations. (Reference No. 20060110-008) Copy: Supervisor Mirkarimi(17)

From Department of Public Works, regarding repair of pothole at 940 Fillmore Street.(Reference No. 20060207-001) Copy: Supervisor Mirkarimi(18)

From Clerk of the Board, submitting Form 700 Statement of Economic Interest for various employees.(19)

From concerned citizens, commenting on statements about the military and the USS Iowa made by San Francisco Supervisor Sandoval on the Hannity and Colmes show. Copy: Each Supervisor(20)

From Joseph Soldis, regarding Officer Gordon's alleged unprofessional conduct and the subsequent cover-up by high-ranking members of the Richmond Police Station.(21)

From Carla King, describing several potentially dangerous incidents with dogs being off-leash at Baker Beach. Copy: Each Supervisor(22)

From Office of the Controller, informing the Board that the Office of Economic Analysis has been established and is able to review legislation to determine economic impact to the City beginning March 1, 2006.(23)

From Office of the Controller, submitting a cost analysis of an amendment to the MOU between the City and County of San Francisco and the San Francisco Fire Fighters Union. File 060223, Copy: Government Audit and Oversight Committee(24)

From Joe Valenciano, submitting copy of letter sent to the Department of Parking and Traffic about the non-enforcement of parking laws in front of his residence at 935 Ulloa Street.(25)

From Kelly Simpson, commenting that Jefferson Street (along Fisherman's Wharf) should be a two-way street. Copy: Supervisor Alioto-Pier(26)

From William Quirie, submitting opposition to proposed legislation regarding the Better Neighborhoods Plus Planning and the Implementation Process. File 050601, Copy: Each Supervisor(27)

From Ann Marie Marinakis, concerning the Falun Gong practitioners being denied participation in the San Francisco Chinese New Year Parade.Copy: Supervisor Daly(28)

From Office of the Controller, submitting report concerning the concession review of Guardino's Souvenir & Gift Shop, Inc. and Sabella and LaTorre Sea Food.(29)

From Office of the Controller, regarding audit of Thrifty Rent-A-Car System, Inc.(30)

From Office of the Controller, regarding audit of Alamo Rent-A-Car, Inc. and National Car Rental System, Inc.(31)

From Carol Overman, commenting on the proposed study to possibility erect a suicide barrier on the Golden Gate Bridge. Copy: Each Supervisor(32)

From Mark Tully, regarding legal advice on the minimum wage claim against M&M Luxury Airport Shuttle.(33)

From Comcast Cable, announcing that starting March 3, 2006 and continuing throughout the year, Comcast will add an "all digital simulcast" for all new customers.(34)

From SF District, Corps of Engineers, regarding proposed project in an unincorporated area of Santa Rosa.(35)

From Harvey Sherback, regarding the speech he gave at the Treasure Island Development Authority Board of Directors meeting on January 23, 2006. Copy: Each Supervisor(36)

From Ahimsa Sumchai, commenting on various issues in San Francisco.(37)

ADJOURNMENT

Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.
Translation: request at least 48 hours before the meeting. Please call: (415) 554-7719
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 1:41:52 PM