Board of Supervisors : March 14, 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, March 14, 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

APPROVAL OF MEETING MINUTES

Motion to approve Board Meeting Minutes for February 7, 2006 and February 14, 2006.

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 11

Recommendations of the Budget and Finance Committee

Present: Supervisors Daly, Peskin, Mirkarimi, Elsbernd

1. 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.)

3/7/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

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

2. 051908 [Health Care Accountability Ordinance] Supervisors Ammiano, McGoldrick, Ma

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.)

3/7/2006, PASSED ON FIRST READING. Supervisor Ma requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Dufty, Peskin, Elsbernd

3. 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.

3/7/2006, 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

4. 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.

3/7/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

5. 051889 [Policy that the City should supply electricity to new City developments where feasible] Supervisors Mirkarimi, Sandoval, Maxwell, Daly, Peskin, Ammiano

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.

3/7/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

6. 060164 [Settlement of Lawsuit - CCSF v. ARCO et al.]

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Airport Group International (AGI) for the payment to the Airport of environmental clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal). (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 060163 [Settlement of Claim - James Mead]

Resolution approving the settlement of the unlitigated claim filed by Mr. James Mead, against San Francisco for $77,500; claim was filed on June 22, 2005.

Question: Shall this Resolution be ADOPTED?

8. 060282 [Appointment - Sunshine Ordinance Task Force]

Resolution appointing Pueng Vongs, term ending April 27, 2007, and Hanley Chan, term ending April 27, 2006, to the Sunshine Ordinance Task Force.

Pueng Vongs, succeeding Rosalina Contrereas-Rosado, resigned, seat 4, must be appointed from names submitted by New California Media and be a journalist from a racial/ethnic-minority-owned news organization, for a two-year term ending April 27, 2007.
Hanley Chan, succeeding Edgar Parker, Jr., resigned, seat 9, must be a member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, for the unexpired portion of a two-year term ending April 27, 2006.

Question: Shall this Resolution be ADOPTED?

9. 060283 [Appointment - Library Citizens Advisory Committee]

Resolution appointing Richard Lee Mason, term ending July 18, 2006, to the Library Citizens Advisory Committee.

Richard Lee Mason, succeeding Gayle Leyton, seat 12, must be member from the community at large, representative of senior citizens, for the unexpired portion of a two-year term ending July 18, 2006.

Question: Shall this Resolution be ADOPTED?

10. 060285 [Appointment - Graffiti Advisory Board]

Resolution appointing Deborah Mansfield and Doug Diboll, for indefinite terms, to the Graffiti Advisory Board.

Deborah Mansfield, succeeding John Omernik, seat 8, resigned, must represent private schools operating in San Francisco, for an indefinite term.
Doug Diboll, succeeding Deborah Mansfield, seat 11, resigned, non-voting member, must represent neighborhood organization, for an indefinite term.

Question: Shall this Resolution be ADOPTED?

11. 060281 [Appointment - Small Business Commission]

Motion appointing David Chiu, term ending January 6, 2010, to the Small Business Commission.

David Chiu, succeeding David Sahagun, seat 2, term expired, must be appointed by the Board of Supervisors and be an owner, operator, or officer of a San Francisco small business, for the unexpired portion of a four-year term ending January 6, 2010.

Question: Shall this Motion be ADOPTED?

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

REGULAR AGENDA

NEW BUSINESS

Recommendations of the Budget and Finance Committee

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

12. 050298 [Repealing Ordinance Number 72-04 Conditionally Designating 690 Market as a Landmark] Supervisor Peskin

Ordinance Repealing Ordinance Number 72-04 Conditionally Designating 690 Market, the Chronicle Building, As Landmark No. 243 under Article 10 of the Planning Code.

Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 060081 [Minor Sidewalk Encroachments - Partial repeal of public right-of-way occupancy assessment fee] Supervisors Alioto-Pier, Dufty, Maxwell

Ordinance amending Public Works Code Section 723.2 to repeal the public right-of-way occupancy assessment fee for specified minor sidewalk encroachments and to delineate those specified minor sidewalk encroachments for which the fee shall apply; and making repeal of the fee for specified encroachments set forth herein retroactive to August 29, 2005.

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 060216 [To appropriate funding for San Francisco General Hospital operations and capital projects, Laguna Honda Hospital operations and Department of Public Health operations] Supervisors Daly, Mirkarimi

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

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 060254 [Public Employment - Department of Public Health] Mayor

Ordinance amending Ordinance No. 2004-05 (Annual Salary Ordinance No. 204-05 (Annual Salary Ordinance 2005/2006) to reflect the creation of one position in the Department of Public Health.

Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 060131 [Modification of Easement Deed]

Resolution approving a modification to an existing Easement Deed between Pacific Gas & Electric Company, a California public utility, and the City and County of San Francisco, acting by and through its Public Utilities Commission ("SFPUC") for the realignment of an existing gas line on City land under the jurisdiction of the SFPUC located in Sunol, California. (Real Estate Department)

Question: Shall this Resolution be ADOPTED?

From the Budget and Finance Committee Without Recommendation

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

17. 060079 [Lease of Real Property at One South Van Ness Avenue] Mayor

Resolution authorizing the lease of approximately 66,565 square feet of space at One South Van Ness Avenue for the Municipal Transportation Agency and the City and County of San Francisco's 311 Call Center.

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

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

COMMITTEE REPORTS

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

The following item will be considered by the Rules Committee at a Regular Meeting on Thursday, March 9, 2006 at 10:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, March 14, 2006.

18. 060151 [Implementation of Proposition H, which prohibits the sale, manufacture or distribution of firearms and limits possession of handguns within CCSF, by placement in the Police Code and by Mayor

Ordinance implementing Proposition H, which was enacted by the voters on November 8, 2005, and which prohibits the sale, distribution, transfer, and manufacture of firearms and ammunition and limits possession of handguns within the City and County of San Francisco, by placing the text of Proposition H in the Police Code and by enacting penalties for its violation.

Question: Shall this Ordinance be PASSED ON FIRST READING?

The following item will be considered by the Government Audit and Oversight Committee at a Regular Meeting on Monday, March 13, 2006 at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, March 14, 2006.

19. 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".

3/7/2006, REFERRED to Government Audit and Oversight Committee.

Question: Shall this Resolution be ADOPTED?

20. 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.

21. 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 22 through 27

22. 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.

3/7/2006, CONTINUED. Continued to March 14, 2006

Question: Shall this Resolution be ADOPTED?

23. 060322 [Commending Janet Rogers] Supervisor Elsbernd

Resolution commending Janet Rogers on the celebration of her 35 years of service to the City and County of San Francisco.

3/7/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

24. 060323 [Arbor Week March 13-18, 2006] Supervisor Ma

Resolution declaring March 13 - 18, 2006 as "Arbor Week" in the City and County of San Francisco.

3/7/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

25. 060326 [Declaring April 22nd, 2006 as Heber Cady Tilden Day in San Francisco] Supervisor McGoldrick

Resolution declaring April 22nd, 2006 as Heber Cady Tilden Day in San Francisco.

3/7/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

26. 060327 [Commending Dr. David Smith] Supervisor Mirkarimi

Resolution commending Dr. David Smith for 39 years of service to the community at the Haight Ashbury Free Clinic.

3/7/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 060328 [Honoring the life of Mary Rogers] Supervisors Mirkarimi, Maxwell, Dufty

Resolution honoring the life of Mary Rogers for 40 years of community service to San Francisco fighting for the rights of a community.

3/7/2006, 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:_________________________________________

28. 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 February 28, 2006 through March 6, 2006, for reference by President to appropriate committee on March 14, 2006.

060302 [Settlement of Lawsuit - Iva Hetzel]

Ordinance authorizing settlement of the lawsuit filed by Iva Hetzel against the City and County of San Francisco for $50,000; the lawsuit was filed on November 2, 2000 in San Francisco Superior Court, Case No. 434-793; entitled Iva Hetzel, et al., v. City and County of San Francisco, et al. (City Attorney)

3/6/2006, RECEIVED AND ASSIGNED to Rules Committee.

060303 [Settlement of Lawsuit - Gisselle Shepherd]

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

3/6/2006, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from February 28, 2006 through March 6, 2006, for reference by President to appropriate committee on March 14, 2006.

060290 [Settlement Agreement Regarding SACPA Audit]

Resolution approving the Health Department's entering into a Settlement Agreement with the State of California resolving the State's claim for reimbursement by the City and County of funds provided by the State to the County under the SACPA program for fiscal year July 1, 2001 through June 30, 2002. (City Attorney)

2/28/2006, RECEIVED AND ASSIGNED to Rules Committee.

060293 [STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Jackson Street at Leavenworth Street, westbound, making this intersection an All-Way STOP;
Monterey Boulevard and Congo Street, stopping Monterey Boulevard, making this intersection an All-Way STOP;
14th and Harrison Streets, stopping Harrison Street, making this intersection an All-Way STOP; and,
San Bruno Avenue at Felton Street, stopping San Bruno Avenue, making this intersection an All-Way STOP. (Parking and Traffic Department)

(2/28/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 3146.)

3/2/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060294 [Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "W" (2-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Rhode Island Street, both sides, from the 1100 block of Rhode Island to 22nd Street (1000 block); and,
Bryant Street, both sides, between 21st and 22nd Streets (2300 block).

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Lincoln Avenue, south side, between 7th and 8th Avenues (600 block).

RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM TO 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Divisadero Street, west side, between Haight and Waller Streets (200 block, odd numbers).

RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Church Street, both sides, between Cesar Chavez and 27th Streets (portion of the 1400 block).

TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Geary Street, south side, from the Powell Street intersection to 138 feet easterly.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
South Van Ness Avenue, west side, from 60 to 100 feet north of Cesar Chavez Street.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Harriet Street, west side, from 245 feet to 292 feet north of Bryant Street (A 47-foot zone accommodating 12 unmetered motorcycle spaces).

TOW-AWAY, NO PARKING, 8 PM TO 4 AM, FRIDAY NIGHT THROUGH SUNDAY MORNING - ESTABLISH
Broadway, both sides, between Columbus Avenue and Montgomery Street.

TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
Howard Street, north side, between Main and Beale Streets.

TOW-AWAY, NO STOPPING, 7 AM TO 9 AM, AND 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
Howard Street, north side, from Beale Street to 200 feet westerly.

BUS STOP, TOW-AWAY, NO PARKING, 6 AM TO 10 AM, MONDAY THROUGH FRIDAY - ESTABLISH
Howard Street, south side, from Spear Street to 90 feet easterly.

TOW-AWAY, NO STOPPING, 7 AM TO 9 AM, AND 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
Howard Street, north side, from Beale Street to 200 feet westerly.

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Holyoke Street, west side, between Woolsey Street and Karen Court.

TOW-AWAY, NO PARKING ANYTIME - RESCIND
Guerrero Street, east side, from 21st Street to 60 feet northerly.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
10th Avenue, east side, between the driveways of 1365 and 1371 10th Avenue (accommodating 2 unmetered motorcycle spaces). (Parking and Traffic Department)

(2/28/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 3146.)

3/2/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060295 [Traffic Regulations]

Resolution enacting and rescinding traffic regulations on various streets.

RIGHT LANE MUST TURN RIGHT EXCEPT MUNI - ESTABLISH
Howard Street, eastbound, approaching Spear Street.

BICYCLE LANE - ESTABLISH
Howard Street, westbound, from the Embarcadero to Fremont Street

BICYCLE LANE - ESTABLISH
Northbound Potrero Avenue at the Cesar Chavez Interchange, from the 101 southbound off-ramp to 190 feet southerly.

MULTIPLE LEFT TURN LANES - RESCIND
Fell Street, westbound, at Octavia Boulevard.

LEFT LANE MUST TURN LEFT - RESCIND
Fell Street, westbound, at Octavia Boulevard.

RIGHT LANE MUST TURN RIGHT EXCEPT MUNI - RESCIND
Van Ness Avenue southbound, at Bay Street (Parking and Traffic Department)

(2/28/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 3146.)

3/2/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060296 [Contract funds to participate in the HIV Prevention Trials Unit Protocol 039 study, Yr. 2]

Resolution authorizing the San Francisco Department of Public Health (SFDPH), to enter retroactively into an agreement with PHFE Management Solutions (PHFE), the primary contractor, and expend funds in the amount of $55,140 to participate in the HIV Prevention Trials Unit Protocol 039 study; for the period of July 1, 2005, to June 30, 2006. (Public Health Department)

3/1/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060339 [Petitions and Communications]

Petitions and Communications received from February 28, 2006 through March 6, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 14, 2006.

From the San Francisco Living Wage Coalition, submitting petition urging the Board of Supervisors to vote for proposed amendments to the living wage law. File 051907, Copy: Budget and Finance Committee(1)

From M&M Group Assets, Inc., submitting request to transfer a Type 48 liquor license to DaDa SF Studio at 86 Second Street.(2)

From Department of Elections, regarding disclaimer requirements for local ballot measures. Copy: Each Supervisor(3)

From Supervisor Maxwell, submitting three amendments to the Deemed Approved Off-Sale Alcohol Use Ordinance. File 051792, Copy: Each Supervisor(4)

From Human Rights Commission, urging the implementation of File 001564 whereby the Police Department and associated law enforcement agencies rigorously prosecute those who violate sex workers and reallocate prostitution prosecution resources to programs that help sex workers leave prostitution. Copy: Each Supervisor(5)

From Clerk of the Board, submitting copy of letter from the Controller informing the Board of Supervisors that the Office of Economic Analyst (OEA) has been established and will begin to review legislation on March 1, 2006.(6)

From Redevelopment Agency, regarding the unexpected and imminent closure of the AMC Kabuki Theater (resulting from the merger settlement affirmed by State Attorney General Bill Lockyer). (Reference No. 20060110-002) Copy: Supervisor Mirkarimi(7)

From Redevelopment Agency, regarding the status of upkeep and maintenance of 1210 Scott Street. (Reference No. 20060214-003) Copy: Supervisor Mirkarimi(8)

From Municipal Transportation Agency, regarding the process of the installation of the pedestrian pass at the median of Lincoln and 9th Avenue. (Reference No. 20060214-001) Copy: Supervisor Mirkarimi(9)

From Director of Purchasing, submitting notice that the Purchasing Department does not collect data as to where the goods of CCSF are manufactured. (Reference No. 20060207-012) Copy: Supervisor Daly(10)

From concerned citizens, submitting support for Proposition H gun ban.Copy: Each Supervisor(11)

From Human Services Agency, submitting request for release of reserved funds for the Department of Aging and Adult Services Long Term Care Project in the amount of $1,675,000.(12)

From West of Twin Peaks Central Council, urging the Board of Supervisors to refer the "Better Neighborhoods Plus" proposed legislation back to the Planning Commission for public hearing and a recommendation. File 050601(13)

From concerned citizens, submitting support for continued funding of the N.E.R.T. program taught by the Fire Department. (14)

From Municipal Transportation Agency, submitting fiscal year 2006-07 operating budget. File 060280, Copy: Each Supervisor(15)

From Merced Manor Property Owners' Association, Inc., submitting 138 signed petitions from San Francisco residents urging the Board to vote no on the proposed "Better Neighborhoods Plus Planning and Implementation Process". File 050601, Copy: Each Supervisor(16)

From concerned citizens, submitting support for resolution urging the impeachment of President Bush. File 060156, Copy: Each Supervisor(17)

From concerned citizens, submitting opposition to resolution urging the impeachment of President Bush. File 060156, Copy: Each Supervisor(18)

From Metreon Entertainment Center, regarding the 1988 reciprocal easement agreement between the Redevelopment Agency and the City and County of San Francisco, relating to property located at 101 Fourth Street. (19)

From Frank Herron, regarding Section 8 vouchers for San Francisco residents. File 060182, Copy: Each Supervisor(20)

From concerned citizens, submitting support for proposed legislation establishing new requirements for residential off-street parking in C-3 districts. File 051453, Copy: Each Supervisor(21)

From David Ross, submitting opposition to proposed legislation establishing new requirements for residential off-street parking in C-3 districts. File 051453, Copy: Each Supervisor(22)

From concerned citizens, regarding the number of fare evaders that ride on Muni. Copy: Each Supervisor(23)

From Naomi Winch, commenting on a televised program on the A&E Channel regarding the S.F.P.D. vice squad. Copy: Each Supervisor(24)

From John Gunther, regarding the cost of parking in the business district of Ocean Avenue. Copy: Supervisor Elsbernd(25)

From Robert Gaebler, regarding alleged illegal activity at 350 Divisadero Street. Copy: Each Supervisor(26)

From Airport Commission, submitting the Combined Charities Campaign Final Report for fiscal year 2005.(27)

From Bruce Brugmann, submitting copy of letter sent to Supervisor Ammiano regarding a housing moratorium for the southeast section of San Francisco.(28)

From Office of the Treasurer/Tax Collector, submitting the Cash difference and Overage Fund balance and activities reported for the period ending February 28, 2006.(29)

From Brian Curtin, regarding the high cost of parking tickets in San Francisco. Copy: Mayor(30)

From Ahimsa Sumchai, submitting letter regarding how to challenge the Bay View/Hunters Point Redevelopment Projects Environmental Impact Report.(31)

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.

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

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Meeting Minutes for February 7, 2006 and February 14, 2006.

	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, Peskin, Mirkarimi, Elsbernd

1.	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.)
		3/7/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?








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

2.	051908	[Health Care Accountability Ordinance]	Supervisors Ammiano, McGoldrick, Ma
		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.)
		3/7/2006, PASSED ON FIRST READING. Supervisor Ma requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	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.


		3/7/2006, 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

4.	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.


		3/7/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use and Economic Development Committee






		Present: Supervisors Maxwell, Sandoval, McGoldrick

5.	051889	[Policy that the City should supply electricity to new City developments where feasible]	Supervisors Mirkarimi, Sandoval, Maxwell, Daly, Peskin, Ammiano
		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.


		3/7/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

6.	060164	[Settlement of Lawsuit - CCSF v. ARCO et al.]
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Airport Group International (AGI) for the payment to the Airport of environmental clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal). (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	060163	[Settlement of Claim - James Mead]
		Resolution approving the settlement of the unlitigated claim filed by Mr. James Mead, against San Francisco for $77,500; claim was filed on June 22, 2005.



		Question: Shall this Resolution be ADOPTED?

8.	060282	[Appointment - Sunshine Ordinance Task Force]
		Resolution appointing Pueng Vongs, term ending April 27, 2007, and Hanley Chan, term ending April 27, 2006, to the Sunshine Ordinance Task Force.

		Pueng Vongs, succeeding Rosalina Contrereas-Rosado, resigned, seat 4, must be appointed from names submitted by New California Media and be a journalist from a racial/ethnic-minority-owned news organization, for a two-year term ending April 27, 2007. Hanley Chan, succeeding Edgar Parker, Jr., resigned, seat 9, must be a member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, for the unexpired portion of a two-year term ending April 27, 2006.

		Question: Shall this Resolution be ADOPTED?

9.	060283	[Appointment - Library Citizens Advisory Committee]
		Resolution appointing Richard Lee Mason, term ending July 18, 2006, to the Library Citizens Advisory Committee.

		Richard Lee Mason, succeeding Gayle Leyton, seat 12, must be member from the community at large, representative of senior citizens, for the unexpired portion of a two-year term ending July 18, 2006.

		Question: Shall this Resolution be ADOPTED?

10.	060285	[Appointment - Graffiti Advisory Board]
		Resolution appointing Deborah Mansfield and Doug Diboll, for indefinite terms, to the Graffiti Advisory Board.

		Deborah Mansfield, succeeding John Omernik, seat 8, resigned, must represent private schools operating in San Francisco, for an indefinite term. Doug Diboll, succeeding Deborah Mansfield, seat 11, resigned, non-voting member, must represent neighborhood organization, for an indefinite term.

		Question: Shall this Resolution be ADOPTED?

11.	060281	[Appointment - Small Business Commission]
		Motion appointing David Chiu, term ending January 6, 2010, to the Small Business Commission.

		David Chiu, succeeding David Sahagun, seat 2, term expired, must be appointed by the Board of Supervisors and be an owner, operator, or officer of a San Francisco small business, for the unexpired portion of a four-year term ending January 6, 2010.

		Question: Shall this Motion be ADOPTED?






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

12.	050298	[Repealing Ordinance Number 72-04 Conditionally Designating 690 Market as a Landmark]	Supervisor Peskin
		Ordinance Repealing Ordinance Number 72-04 Conditionally Designating 690 Market, the Chronicle Building, As Landmark No. 243 under Article 10 of the Planning Code.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

13.	060081	[Minor Sidewalk Encroachments - Partial repeal of public right-of-way occupancy assessment fee]	Supervisors Alioto-Pier, Dufty, Maxwell
		Ordinance amending Public Works Code Section 723.2 to repeal the public right-of-way occupancy assessment fee for specified minor sidewalk encroachments and to delineate those specified minor sidewalk encroachments for which the fee shall apply; and making repeal of the fee for specified encroachments set forth herein retroactive to August 29, 2005.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

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

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

15.	060254	[Public Employment - Department of Public Health]	Mayor
		Ordinance amending Ordinance No. 2004-05 (Annual Salary Ordinance No. 204-05 (Annual Salary Ordinance 2005/2006) to reflect the creation of one position in the Department of Public Health.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

16.	060131	[Modification of Easement Deed]
		Resolution approving a modification to an existing Easement Deed between Pacific Gas & Electric Company, a California public utility, and the City and County of San Francisco, acting by and through its Public Utilities Commission ("SFPUC") for the realignment of an existing gas line on City land under the jurisdiction of the SFPUC located in Sunol, California. (Real Estate Department)



		Question: Shall this Resolution be ADOPTED?

	From the Budget and Finance Committee Without Recommendation




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

17.	060079	[Lease of Real Property at One South Van Ness Avenue]	Mayor
		Resolution authorizing the lease of approximately 66,565 square feet of space at One South Van Ness Avenue for the Municipal Transportation Agency and the City and County of San Francisco's 311 Call Center.

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

	COMMITTEE REPORTS


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

		The following item will be considered by the Rules Committee at a Regular Meeting on Thursday, March 9, 2006 at 10:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, March 14, 2006.

18.	060151	[Implementation of Proposition H, which prohibits the sale, manufacture or distribution of firearms and limits possession of handguns within CCSF, by placement in the Police Code and by	Mayor
		Ordinance implementing Proposition H, which was enacted by the voters on November 8, 2005, and which prohibits the sale, distribution, transfer, and manufacture of firearms and ammunition and limits possession of handguns within the City and County of San Francisco, by placing the text of Proposition H in the Police Code and by enacting penalties for its violation.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

19.	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".


		3/7/2006, REFERRED to Government Audit and Oversight Committee.


		Question: Shall this Resolution be ADOPTED?