Board of Supervisors : April 04, 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, April 4, 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 March 7, 2006 and March 14, 2006 and Special Meeting Minutes for the Budget and Finance Committee Meeting for March 15, 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 19

Recommendation of the Budget and Finance Committee

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

1. 060141 [To appropriate capital project funding for seven capital improvement projects by revising the current sources and uses appropriations in the S.F. International Airport's Five-Year Mayor

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

(Fiscal impact.)

3/28/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

2. 060109 [Traffic Regulations] Supervisor Mirkarimi

Resolution enacting and rescinding traffic regulations on various streets.

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

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

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

Question: Shall this Resolution be ADOPTED?

3. 060133 [Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PARKING METER AREA 3 (9AM-6PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Parker Avenue, west side, from Geary Boulevard to 50 feet southerly (replaces existing green zone with two 30-minute meters).

PARKING METER AREA 4 - ESTABLISH
Stockton Street, east side, from North Point Street to 60 feet northerly (adds 3 meters).

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Hillway Avenue, east side, from Carl Street to the south property line of #40 Hillway Avenue (Parking and Traffic Department)

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

Question: Shall this Resolution be ADOPTED?

4. 060134 [Traffic Regulations]

Resolution enacting and rescinding traffic regulations on various streets.

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

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

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

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

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

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

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

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

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

Question: Shall this Resolution be ADOPTED?

5. 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.

3/7/2006, REFERRED to City Operations and Neighborhood Services Committee.

Question: Shall this Resolution be ADOPTED?

6. 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).

3/7/2006, REFERRED to City Operations and Neighborhood Services Committee.

Question: Shall this Resolution be ADOPTED?

7. 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.

3/7/2006, REFERRED to City Operations and Neighborhood Services Committee.

Question: Shall this Resolution be ADOPTED?

8. 060296 [Contract funds to participate in the HIV Prevention Trials Unit Protocol 039 study, Yr. 2] Supervisor Dufty

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

Question: Shall this Resolution be ADOPTED?

9. 060324 [Accept-Expend Federal Grant - MOCJ - $37,500] Supervisor Maxwell

Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $37,500 from the van Loben Sels/RembeRock Foundation for the purpose of exploring potential alternatives to the California Youth Authority/Division of Juvenile Justice for San Francisco youth.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors McGoldrick, Ma

10. 060132 [STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.

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

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

Question: Shall this Resolution be ADOPTED?

11. 060167 [Parking Regulations] Supervisor Dufty

Resolution enacting angle parking regulations on the east side of Castro Street, between 25th and Jersey Streets.

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

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

Question: Shall this Resolution be ADOPTED?

12. 060214 [Parking Regulations, Various Locations] Supervisor Elsbernd

Resolution enacting and rescinding parking regulations at various locations.

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

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

(2/14/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

13. 051841 [Haight Street Alcohol Restricted Use Subdistrict - Permissible bar use in movie theaters] Supervisors Mirkarimi, Ammiano

Ordinance amending Planning Code Section 781.9 to allow a bar use in a movie theater under specified circumstances in the Haight Street Alcohol Restricted Use Subdistrict; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

3/28/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

14. 051651 [Protection of employee rights] Supervisors Mirkarimi, Ammiano, Peskin, Dufty, Ma, Maxwell, Daly, Sandoval, McGoldrick

Ordinance amending Section 11.55 of the Administrative Code to require franchise grantees to comply with provisions of federal law that prohibit discrimination against an employee based on an employee's decision to participate in employee organizations for the purpose of representation, and to require grantees to notify contractors and subcontractors that they must comply with these same provisions, and to prohibit discrimination against an employee, contractor or subcontractor for speaking before or filing a complaint with any government agency or court, and to ensure that company policies, handbooks, and directives are not construed to limit such activity by an employee.

3/28/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

15. 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)

3/28/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

16. 060300 [Settlement of Lawsuit - Maximilian Castro]

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

Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 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)

Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 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)

Question: Shall this Resolution be ADOPTED?

19. 060376 [Appointment - Commission on the Aging Advisory Council]

Resolution appointing Catherine Rose Russo, term ending March 31, 2008, to the Commission on the Aging Advisory Council.

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

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Budget and Finance Committee

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

A quorum of the Board of Supervisors was present and a Special Board of Supervisors meeting was held for the following two items:

20. 060165 [To appropriate $1,127,000 in funding for San Francisco General Hospital capital projects] Mayor

Ordinance appropriating $1,127,000 in San Francisco General Hospital (SFGH) revenue and appropriating $1,127,000 for the SFGH Rebuild Planning and Environmental Impact Report (EIR).

(Fiscal impact.)

3/28/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

21. 060225 [To appropriate $3,330,980 to fund cost overruns at the Police Department and violence prevention investments for Children, Youth and Their Families for Fiscal Year 2005-2006] Supervisor Ma

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

(Fiscal impact.)

3/28/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

From the Budget and Finance Committee Without Recommendation

Present: Supervisors Daly, Dufty, Peskin, Elsbernd

22. 060252 [To appropriate funding at the Department of Human Services for homeless services and to maintain and restore shelter bed capacity utilizing General Fund Reserves] Supervisors Daly, Mirkarimi, Ammiano

Ordinance appropriating $690,000 of General Fund for the Department of Human Services to fund homeless services and to maintain and restore shelter bed capacity for fiscal year 2005-06.

(Fiscal impact.)

3/28/2006, CONTINUED. Continued to April 4, 2006

Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendations of the Budget and Finance Committee

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

23. 051924 [Establishing Maximum Work Hours For General Assistance Programs] Supervisors McGoldrick, Ammiano

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

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Daly, Dufty, Mirkarimi, Elsbernd

24. 051954 [Amend the Definition of Properties Eligible to Apply for a Mills Act Contract] Supervisor Alioto-Pier

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

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

25. 060218 [Mission Bay - Pier 64 Cost Reimbursement Agreement] Mayor, Supervisor Daly

Resolution approving the Cost Reimbursment Agreement between the City and County of San Francisco, and Atlantic Richfield Company, Texaco Inc., Chevron U.S.A. Inc. and Union Oil Company of California for the management of residual petroleum hydrocarbons on City Property in certain areas of Mission Bay.

Question: Shall this Resolution be ADOPTED?

26. 060260 [San Francisco Community College District General Obligation Bonds] Supervisor Peskin

Resolution authorizing the San Francisco Community College District to issue and sell on its own behalf its general obligation bonds approved by the voters at the November 2005 election without further action by this Board of Supervisors or any other officer of the City and County of San Francisco; ratifying certain actions previously taken; granting general authority to City and County of San Francisco officials to take necessary actions in connection with the issuance of the general obligation bonds by the San Francisco Community College District; providing for prior notice to the City and County of San Francisco for the anticipated sale and issuance of any future series of San Francisco Community College District bonds.

Question: Shall this Resolution be ADOPTED?

27. 060355 [Multifamily Housing Revenue Bonds - 575 Eddy Street Apartments] Supervisor Daly

Resolution authorizing the issuance and delivery of multifamily housing revenue bonds (as defined herein) in an aggregate principal amount not to exceed $4,946,000 for the purpose of providing financing for a multifamily rental housing project; approving the form of and authorizing the execution of an indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to city officials to take actions necessary to implement this resolution; and related matters.

Question: Shall this Resolution be ADOPTED?

28. 060246 [Appropriating $15,000,000 of General Fund balance to support street resurfacing projects for the Department of Public Works for Fiscal Year 2005-06] Supervisors Elsbernd, Peskin, Ammiano, Alioto-Pier, Ma

Ordinance appropriating $15,000,000 of General Fund balance to support street resurfacing projects for the Department of Public Works for Fiscal Year 2005-06.

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

Question: Shall this Ordinance be PASSED ON FIRST READING?

29. 060253 [Appropriating $10,415,682 capital project funding at the Recreation and Parks department for the funding of Phase I projects with significant forecasted shortfalls] Supervisors Peskin, Maxwell, Mirkarimi, Ammiano, Dufty, Elsbernd, Ma

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

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

30. 060311 [Appropriating $20,000,000 of General Fund balance for Affordable Housing Projects, Real Ownership Opportunities for Tenants, and Rental Subsidies for Fiscal Year 2005-06] Supervisor Daly

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

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 060410 [Appropriating $1,755,000 in funding for Primary Care capital projects for FY 2005-06]

Ordinance appropriating $1,755,000 in revenues, including $1,035,000 in unappropriated General Fund Balance, and $720,000 in Primary Care surplus and appropriating $1,755,000 for capital projects at Primary Care clinics for the Public Health Department for Fiscal Year 2005-06.
Version 2.

Fiscal Impact

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

32. 051669 [Prohibition on Smoking in Public Transit Stops and Shelters] Supervisor Ma

Ordinance amending Section 1009.22 of the San Francisco Health Code, to prohibit smoking in public transit stops and shelters.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors McGoldrick, Dufty

33. 060088 [Temporary "Street Closure to Vehicular Traffic" on O'Farrell St. between Steiner and Fillmore] Supervisor Mirkarimi

Resolution enacting temporary "Street Closure to Vehicular Traffic" regulation on O'Farrell Street between Steiner Street and Fillmore Street from 7 A.M. to 2 P.M. on every Saturday between April 29, 2006 and November 18, 2006.

Question: Shall this Resolution be ADOPTED?

Recommendation of the Government Audit and Oversight Committee

Present: Supervisors Alioto-Pier, Peskin

34. 051633 [Adopting the National Incident Management System] Supervisor Ma

Resolution adopting the National Incident Management System.

Question: Shall this Resolution be ADOPTED?

From the Government Audit and Oversight Committee Without Recommendation

Present: Supervisors Alioto-Pier, Peskin

35. 060065 [Establishing the Film Rebate Program] Supervisor Alioto-Pier

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

(Fiscal impact and Economic Impact)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Land Use and Economic Development Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

36. 060188 [Residential Hotels: Tenant Mail Receptacles] Supervisors Daly, Peskin

Ordinance amending the San Francisco Housing Code by amending Section 1002 and amending the San Francisco Administrative Code by adding Chapter 41E to require residential hotel owners to provide a United States Postal Service-approved mail receptacle for each residential unit and by amending Section 37.14 to provide for an appeal to the Rent Board for violation of this requirement; adopting findings pursuant to California Health and Safety Code Section 17958.5.

Question: Shall this Ordinance be PASSED ON FIRST READING?

SPECIAL ORDER 3:00 P.M.

37. 060369 [Hearing - Formation of a community facilities district in connection with the Rincon Hill Downtown Residential District]

Hearing to consider the approval to accept public testimony regarding the potential recommendation of the formation of a community facilities district and the issuance of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations related to the Rincon Hill Downtown Residential Disrict.

Action:___________________________

38. 060312 [Recommending approval of Community Facilities District formation and financing by the ABAG Finance Authority For Nonprofit Corporations] Supervisor Daly

Resolution recommending approval of the formation of a community facilities district and the issuance of revenue bonds by the ABAG Finance Authority For Nonprofit Corporations related to the Rincon Hill Downtown Residential District; making findings; approving related joint community facilities agreement; and granting general authority to city officials to take actions necessary to implement this resolution.

3/28/2006, CONTINUED. Continued to a public hearing on April 4, 2006 at 3:00 p.m.

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

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

39. 060240 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 229 32nd Avenue (aka 7070 California), Katherine Delmar Burke School Project]

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

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

3/28/2006, CONTINUED. The President inquired as to whether or not any member of the public wished to address the Board members. Continued to April 4, 2006

Action:___________________________

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

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

40. 060241 [Affirming the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]

Motion affirming the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

3/28/2006, CONTINUED. Continued to April 4, 2006

Question: Shall this Motion be ADOPTED?

41. 060242 [Disapproving the categorical exemption issued for 229 32nd Avenue (Katherine Delmar Burke School) project]

Motion disapproving the determination by the Planning Department that the 229 32nd Avenue (Katherine Delmar Burke School) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

3/28/2006, CONTINUED. Continued to April 4, 2006

Question: Shall this Motion be ADOPTED?

42. 060243 [Preparation of findings related to the 229 32nd Avenue (Katherine Delmar Burke School) project]

Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 229 32nd Avenue (Katherine Delmar Burke School) is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

3/28/2006, CONTINUED. Continued to April 4, 2006

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

The following items will be considered by the City Operations and Neighborhood Services Committee at a Regular Meeting on Monday, April 3, 2006 at 1:00 p.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, April 4, 2006.

43. 060434 [Prohibition on Smoking in Public Transit Stops and Shelters and Public and Golf Courses]

Ordinance amending Section 1009.22 of the San Francisco Health Code, to prohibit smoking in public transit stops and shelters and golf courses.

Question: Shall this Ordinance be PASSED ON FIRST READING?

44. 060393 [Prohibiting Smoking on Golf Courses] Supervisor McGoldrick

Ordinance amending Section 1009.81 of the Health Code to prohibit smoking on golf courses.

Question: Shall this Ordinance be PASSED ON FIRST READING?

45. 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.

46. 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 47 through 54

47. 060398 [Supporting Assembly Bill 777 - Tax Credits for Qualified Motion Pictures] Supervisor Alioto-Pier

Resolution supporting Assembly Bill 777 - California Tax Credits for Qualified Motion Pictures.

3/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

48. 060399 [Fee Waiver for Temporary Occupancy Permit of Hunger Strikers] Supervisor Daly

Resolution commending the 23 individuals who participated in the week-long Hunger Strike against the "Border Protection, Anti-Terrorism, and Illegal Immigration Control Act," also known as HR 4437, for their commitment to protect the San Francisco's City of Refuge status, and urging the Department of Public Works to waive their Temporary Occupancy permit fees for the week of March 21st, 2006.

3/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

49. 060400 [Commending Dr. Stanley Lipsitz on an outstanding career with the San Francisco Department of Public Health] Supervisors Dufty, Maxwell

Resolution commending Dr. Stanley Lipsitz on an outstanding career with the San Francisco Department of Public Health and wishing him the best of luck in all of his future endeavors.

3/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

50. 060414 [Urging the United States Congress to restore food and funding to the Commodity Supplemental Food Program (CSFP) at the 2005 levels] Supervisors Dufty, Ma, Daly

Resolution urging the United States Congress to restore food and funding to the Commodity Supplemental Food Program (CSFP) at the 2005 levels.

3/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

51. 060415 [Commending Pat and Sheila Brosnan on their contribution to the Irish community of the City and County of San Francisco] Supervisor Elsbernd

Resolution commending Pat and Sheila Brosnan on their contribution to the Irish community of the City and County of San Francisco.

3/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

52. 060416 [Urging President Bush to stop the warrantless surveillance of Americans and to follow the Foreign Intelligence Surveillance Act] Supervisors McGoldrick, Ammiano, Maxwell, Daly, Mirkarimi, Dufty

Resolution urging President Bush to stop the warrantless surveillance of Americans and to follow the Foreign Intelligence Surveillance Act.

3/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

53. 060417 [Commending HICAP and Senior Action Network for assisting seniors and disabled] Supervisor Mirkarimi

Resolution commending San Francisco Health Insurance Counseling and Advocacy Program (HICAP) and Senior Action Network for Assisting Seniors and the Disabled in Obtaining Health Care and Medication Benefits.

3/28/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

54. 060418 [Urging San Francisco law enforcement agencies to disregard criminal provisions of proposed federal immigration legislation should they become law] Supervisor Sandoval

Resolution urging San Francisco law enforcement agencies to disregard criminal provisions of proposed federal immigration legislation should they become law.

3/28/2006, 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:_________________________________________

55. 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 March 21, 2006 through March 27, 2006, for reference by President to appropriate committee on April 4, 2006.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from March 21, 2006 through March 27, 2006, for reference by President to appropriate committee on April 4, 2006.

060336 [Contract between the Department of Public Health and Toyon Associates, Inc. to provide regulatory reporting and reimbursement and revenue optimization services]

Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to contract between the City and County of San Francisco and Toyon Associates, Inc. to provide regulatory reporting and reimbursement and revenue optimization services for the period of April 1, 2006 through March 31, 2010. (Public Health Department)

3/22/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060337 [Contract between the Department of Public Health and Health Advocates, LLC to provide uncompensated care recovery services]

Resolution authorizing the Director of Public Health and the Purchaser to execute a contract between the City and County of San Francisco and Health Advocates, LLC to provide uncompensated care reimbursement recovery services. (Public Health Department)

3/22/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060338 [Sale of Surplus Property]

Resolution confirming the sale of surplus City-owned property (Lots 39 and 40 in Assessor's Block 1334) at public auction and authorizing the Director of Property to execute deeds to the successful bidders. (Real Estate Department)

3/22/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060401 [Board review and approval of 2006 U.S. Department of Housing and Urban Development Continuum of Care Programs Application] Supervisor Daly

Resolution approving the City and County of San Francisco 2006 grant application for the United States Department of Housing and Urban Development Continuum of Care Programs and fulfilling the San Francisco Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. (Human Services Department)

3/27/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this item be scheduled for consideration at the April 12, 2006 meeting.

060437 [Petitions and Communications]

Petitions and Communications received from March 21, 2006 through March 27, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on April 4, 2006.

From Police Department, submitting request for waiver of Administrative Code Section 12B and 12C for Alpha Explosives.(1)

From Kimo Crossman, submitting article from MSNBC.com regarding U.S. cities warned on long-term costs of free wireless.(2)

From Paul Hemming, submitting request to transfer a Type 48 liquor license permit from Wasabi & Ginger to Zen Compound at 55 Natoma Street.(3)

From Mayor's Office of Housing, submitting request to waive the 30-day rule for resolution authorizing the issuance and delivery of the bonds to finance rehabilitation of rental housing at 575 Eddy Street. File 060355, Copy: Supervisors Daly, Peskin(4)

From Planning Department, responding to letter of appeal regarding the issuance of a categorical exemption for the Katherine Delmar Burke School at 229 32nd Avenue. File 060240, Copy: Each Supervisor(5)

From Lincoln Park Homeowners Association, regarding appeal of categorical exemption for the Katherine Delmar Burke School at 229 32nd Avenue. File 060240, Copy: Each Supervisor, City Attorney(6)

From Office of the Controller, submitting report concerning the revolving fund review for the SF Public Library.(7)

From Rose Roskilly, urging Supervisor Dufty to be proactive regarding the federal judge's ruling ordering the state to provide therapeutic foster care and family-based wraparound services for foster children. Copy: Supervisor Dufty(8)

From SF Tree Council, Inc., urging the Board to take a closer look at the proposed Katherine Burke School project and require the school to make alternations to their plans in order to save the mature Monterey Cyress trees. File 060240, Copy: Each Supervisor(9)

From Best Collateral, Inc., submitting support for amendment to allow pawnbrokers to operate on Sundays and Mondays following a holiday that falls on a Sunday. File 060013, Copy: City Operations and Neighborhood Services Committee members(10)

From PUC, regarding status of repair of pothole at the intersection of Willard and Carl Streets. (Reference No. 20060131-007) Copy: Supervisor Mirkarimi(11)

From Department of Public Works, regarding replanting new trees on the 800 block of Haight Street. (Reference Nos. 20060-124-004 and 20060321-008) Copy: Supervisor Mirkarimi(12)

From Mortimer Herzstein, regarding the dilapidated condition of the streets in San Francisco. Copy: Department of Public Works(13)

From Coalition for San Francisco Neighborhoods, urging the Board of Supervisors to refer the "Better Neighborhoods Planning and Implementation Process" Ordinance to the Planning Commission for hearing and recommendation. File 050601, Copy: Each Supervisor(14)

From Municipal Transportation Agency, regarding request for traffic studies at Dwight and Brussels Streets and at Goettingen and Woolsey Streets. (Reference No. 20060110-011) Copy: Supervisor Maxwell(15)

From Clerk of the Board, submitting names of individuals who have submitted Form 700 Statement of Economic Interest.(16)

From Department of Child Support Services, submitting request for waiver of Administrative Code Sections 12B and 12C for a one day conference at the San Francisco Marriott.(17)

From Office of the Controller, submitting report concerning the audit of Air China.(18)

From Richard Hack, submitting opposition to proposed taxi meter increase to cover gas price increases. File 06077, Copy: Budget and Finance Committee(19)

From Francisco Da Costa, urging the Board to table the ratification of the Bayview Hunters Point Redevelopment project area amendment at least until California voters decide in November whether to limit eminent domain. Copy: Supervisor Maxwell, Mayor(20)

From Miles Berger, regarding the ongoing disturbance of the peace, gang and drug activity associated with the Caliente nightclub at 11th and Folsom Streets.(21)

From Office of Economic Analysis, submitting an economic impact report on the proposed Film Rebate Program. File 060065(22)

From Coalition for San Francisco Neighborhoods, urging the Mayor to demonstrate good government standards by denying operational cost shifting by city departments to the garbage ratepayers. Copy: Each Supervisor(23)

From Coalition for San Francisco Neighborhoods, submiting support to table ratification of the Bayview Hunters Point Redevelopment Project Area Amendment. File 060343, Copy: Each Supervisor(24)

From Kimo Crossman, submitting letter written by James Chaffee commenting on the Education Committee of the Sunshine Ordinance Task Force.(25)

From Ahimsa Sumchai commenting on the violent deaths and altercations at Laguna Honda Hospital.(26)

From Patricia Seligman, urging the Board not to increase the cost of the Camp Mather Senior get away program.(27)

From Department of Administrative Services, regarding review of applications to participate in the Annual Joint Fundraising Drive. File 060209(28)

From concerned citizens, commenting on resolution passed by the Board of Supervisors urging Cardinal Levada to withdraw his directive to Catholic Charities forbidding the placement of children in need of adoption with same-sex couples. File 060356, Copy: Each Supervisor, 60 letters(29)

From Kimo Crossman, regarding wireless Internet service (WIFI), personal privacy vs. public's right to know and open public records. 3 letters(30)

From the International Relations Center, thanking the Board of Supervisors for passing the Sweatfree Ordinance. File 051257(31)

From State Senate Rules Committee, submitting appointment of Lawrence Goldzband, Colleen Jordan, Stan Moy and Raymond Randolph as public members of the San Francisco Bay Conservation and Development Commission. Copy: Each Supervisor(32)

From concerned citizens, commenting on recently passed resolution-condemning protest by anti-abortion groups at City Hall on Friday, March 24, 2006. File 060371, Copy: Each Supervisor, 7 letters(33)

From Recreation and Parks Commission, reporting on the status of repairing the tea rose bush outside the Western Addition Public Library at the Hamilton Recreation Center at 1550 Scott Street. (Reference No. 20060214-009) Copy: Supervisor Mirkarimi(34)

From Department of Parking and Traffic, regarding the feasibility of installing pedestrian countdown signals at various intersections in District 10. (Reference No. 20060314-001) Copy: Supervisor Maxwell(35)

From Dan Priven, submitting support for berthing the USS Iowa in San Francisco.(36)

From Charles Pappas, thanking the Board for drafting and passing the Medicinal Marijuana legislation. Copy: Each Supervisor(37)

From Edwin Camacho, describing his unpleasant experience while dropping off his brother in-law at SFO.(38)

From Ahimsa Sumchai, regarding the public health impact of the Bayview Hunters Point Redevelopment and Rezoning Project. File 051964, Copy: Land Use and Economic Development Committee(39)

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 1:41:44 PM

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Meeting Minutes for March 7, 2006 and March 14, 2006 and Special Meeting Minutes for the Budget and Finance Committee Meeting for March 15, 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.

	Recommendation of the Budget and Finance Committee






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

1.	060141	[To appropriate capital project funding for seven capital improvement projects by revising the current sources and uses appropriations in the S.F. International Airport's Five-Year	Mayor
		Ordinance appropriating $16,342,714, including the de-appropriation of $15,707,484 in current project funding to use this source for appropriation, and appropriating an additional $635,230 of Airport fund balance generated from prior year's interest income. These sources and uses are herein appropriated for various San Francisco International Airport (SFIA) capital projects to reflect the updated San Francisco International Airport Five-Year Capital Plan, Fiscal Year 2004-2005 through Fiscal Year 2008-2009.

		(Fiscal impact.)
		3/28/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the City Operations and Neighborhood Services Committee






		Present: Supervisors McGoldrick, Dufty, Ma

2.	060109	[Traffic Regulations]	Supervisor Mirkarimi
		Resolution enacting and rescinding traffic regulations on various streets. BICYCLE LANE - ESTABLISH Scott Street, northbound, from Haight Street to Oak Street. NO TURN ON RED - ESTABLISH Scott Street, northbound, at Oak Street.

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

		Question: Shall this Resolution be ADOPTED?

3.	060133	[Parking Regulations]
		Resolution enacting and rescinding parking regulations at various locations. NO PARKING ANYTIME - RESCIND TOW-AWAY, NO STOPPING ANYTIME, 7 AM TO 3 PM, MONDAY THROUGH FRIDAY - RESCIND Pine Street, south side, from Montgomery Street to 155 feet easterly (creates new metered parking, but maintains Tow-Away 3 PM to 7 PM, Monday through Friday). TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Lake Merced Boulevard, northbound, right turn lane onto Font Boulevard to the limit of the existing angle parking on the south side of Font Boulevard. 4-HOUR PARKING TIME LIMIT, 7:00 AM TO 6:00 PM, EXCEPT SUNDAY - RESCIND PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH 2-HOUR PARKING TIME LIMIT, 7:00 AM TO 6:00 PM, EXCEPT SUNDAY - ESTABLISH Mississippi Street, east side, between Cesar Chavez and northern terminus. TOW-AWAY, NO PARKING - ESTABLISH Mississippi Street, west side, between Cesar Chavez Street and northern terminus. PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Irwin Street, north side, between 7th and 8th Streets. TOW-AWAY, NO PARKING, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY - ESTABLISH 17th Street, north side, from 25 to 58 feet east of Utah Street. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH 1122 Folsom Street, north side, from Langton Street to 48 feet westerly; and, 1168 Folsom Street, north side, from the west property line to the east property line (50-foot zone) (both parking restrictions are in conjunction with implementation of sidewalk bulbs). TOW-AWAY, NO STOPPING, 7 AM TO 9 AM AND 4 PM TO 7 PM, MONDAY THROUGH FRIDAY - RESCIND TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH Franklin Street, west side, from Turk Street to Golden Gate Avenue (replaces existing tow-away regulations). TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH Franklin Street, west side, from Turk Street to 80 feet northerly. TOW-AWAY, LANE MUST TURN LEFT - RESCIND Franklin Street, northbound, at Turk Street. RESIDENTIAL PERMIT PARKING AREA "U" (2-HOUR TIME LIMIT, 8 AM TO 10 PM, EVERYDAY) - ESTABLISH Rodgers Street, east side, between Folsom Street and the southern terminus (unit block). TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH San Jose Avenue, east side, from 10 feet north of the north crosswalk at Farallones Street to 190 feet southerly; San Jose Avenue, west side, from Farallones Street to 173 feet northerly; San Jose Avenue, east side, from Lakeview Avenue to 150 feet southerly; San Jose Avenue, west side, from Lakeview Avenue to 150 feet northerly; San Jose Avenue, east side, from 50 feet north of the northern crosswalk at Mount Vernon Avenue to 260 feet southerly; San Jose Avenue, west side, from Mount Vernon Avenue to 178 feet northerly; and, McCoppin Street, south side, between Market Street and Elgin Park TOW-AWAY, NO PARKING ANYTIME - ESTABLISH McCoppin Street, north side, west of Valencia Street to terminus. UNMETERED MOTORCYCLE PARKING - ESTABLISH Fillmore Street, east side, at the O'Farrell Street intersection (36 foot zone accommodating 10 unmetered motorcycle parking spaces). PARKING METER AREA 3 (9AM-6PM, MONDAY THROUGH SATURDAY) - ESTABLISH Parker Avenue, west side, from Geary Boulevard to 50 feet southerly (replaces existing green zone with two 30-minute meters). PARKING METER AREA 4 - ESTABLISH Stockton Street, east side, from North Point Street to 60 feet northerly (adds 3 meters). RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Hillway Avenue, east side, from Carl Street to the south property line of #40 Hillway Avenue (Parking and Traffic Department)

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

		Question: Shall this Resolution be ADOPTED?

4.	060134	[Traffic Regulations]
		Resolution enacting and rescinding traffic regulations on various streets. ONE-WAY STREET (SOUTHBOUND) - RESCIND Elgin Park, between McCoppin Street and Duboce Avenue ONE-WAY STREET (EASTBOUND) - RESCIND ONE-WAY STREET (WESTBOUND) - ESTABLISH McCoppin Street,between Market Street and Elgin Park BICYCLE LANES - ESTABLISH McCoppin Street, north side, west of Valencia Street to terminus. BICYCLE LANES - ESTABLISH Laguna Honda Boulevard, both sides, between Portola Drive and Vasquez Avenue LEFT TURN BIKE LANE - ESTABLISH Laguna Honda Boulevard, southbound, between Ulloa Street and Portola Drive BICYCLE LANES - EXTEND Potrero Avenue, southbound, from 120 feet south of 25th Street to Cesar Chavez Street. NO LEFT TURN, 4 PM TO 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH Southbound Masonic Avenue at Grove Street. NO LEFT TURN, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY - ESTABLISH Northbound Masonic Avenue at Grove Street (Parking and Traffic Department)

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

		Question: Shall this Resolution be ADOPTED?

5.	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.


		3/7/2006, REFERRED to City Operations and Neighborhood Services Committee.


		Question: Shall this Resolution be ADOPTED?

6.	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).


		3/7/2006, REFERRED to City Operations and Neighborhood Services Committee.


		Question: Shall this Resolution be ADOPTED?

7.	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.


		3/7/2006, REFERRED to City Operations and Neighborhood Services Committee.


		Question: Shall this Resolution be ADOPTED?

8.	060296	[Contract funds to participate in the HIV Prevention Trials Unit Protocol 039 study, Yr. 2]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health (SFDPH), to enter retroactively into an agreement with PHFE Management Solutions (PHFE), the primary contractor, and expend funds in the amount of $55,140 to participate in the HIV Prevention Trials Unit Protocol 039 study; for the period of July 1, 2005, to June 30, 2006. (Public Health Department)



		Question: Shall this Resolution be ADOPTED?

9.	060324	[Accept-Expend Federal Grant - MOCJ - $37,500]	Supervisor Maxwell
		Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $37,500 from the van Loben Sels/RembeRock Foundation for the purpose of exploring potential alternatives to the California Youth Authority/Division of Juvenile Justice for San Francisco youth.



		Question: Shall this Resolution be ADOPTED?

10.	060132	[STOP Intersections]
		Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH 26th and Capp Streets, stopping 26th Street, making this intersection an All-Way STOP; Vallejo and Baker Streets, stopping Vallejo Street, making this intersection an All-Way STOP; Myra Way and Molimo Drive, stopping Molimo Drive at Myra Way, making this intersection an All-Way STOP; Peabody Street and Visitacion Avenue, stopping Visitacion Avenue, making this intersection an All-Way STOP; Westbound 25th Avenue North at 25th Avenue, making this T intersection an All-Way STOP; Eastbound Seacliff Avenue at 25th Avenue, making this T-intersection an All-Way STOP; Northbound 26th Avenue at Seacliff Avenue, making this T-intersection an All-Way STOP; Murray Street at Crescent Avenue, stopping Murray Street, stopping the stem of this T-intersection; Washburn Street, stopping Washburn Street at Howard Street; Dore Street, stopping Dore Street at Folsom Street; and, Grace Street, stopping Grace Street at Mission Street. (Parking and Traffic Department)

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

		Question: Shall this Resolution be ADOPTED?

11.	060167	[Parking Regulations]	Supervisor Dufty
		Resolution enacting angle parking regulations on the east side of Castro Street, between 25th and Jersey Streets. 45-DEGREE ANGLE PARKING - ESTABLISH Castro Street, east side, between 25th and Jersey Streets.

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

		Question: Shall this Resolution be ADOPTED?

12.	060214	[Parking Regulations, Various Locations]	Supervisor Elsbernd
		Resolution enacting and rescinding parking regulations at various locations. TALL VEHICLE RESTRICTION, 100 FEET FROM INTERSECTIONS - ESTABLISH Sloat Boulevard, south side, from the Lakeshore Plaza traffic signal to 20 feet west of the Everglade Drive intersection. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Sloat Boulevard, south side, from Everglade Drive to 20 feet westerly.

		(2/14/06: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)

		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Land Use and Economic Development Committee




		Present: Supervisors Maxwell, Sandoval, McGoldrick

13.	051841	[Haight Street Alcohol Restricted Use Subdistrict - Permissible bar use in movie theaters]	Supervisors Mirkarimi, Ammiano
		Ordinance amending Planning Code Section 781.9 to allow a bar use in a movie theater under specified circumstances in the Haight Street Alcohol Restricted Use Subdistrict; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.


		3/28/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

14.	051651	[Protection of employee rights]	Supervisors Mirkarimi, Ammiano, Peskin, Dufty, Ma, Maxwell, Daly, Sandoval, McGoldrick
		Ordinance amending Section 11.55 of the Administrative Code to require franchise grantees to comply with provisions of federal law that prohibit discrimination against an employee based on an employee's decision to participate in employee organizations for the purpose of representation, and to require grantees to notify contractors and subcontractors that they must comply with these same provisions, and to prohibit discrimination against an employee, contractor or subcontractor for speaking before or filing a complaint with any government agency or court, and to ensure that company policies, handbooks, and directives are not construed to limit such activity by an employee.


		3/28/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

15.	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)


		3/28/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

16.	060300	[Settlement of Lawsuit - Maximilian Castro]
		Ordinance authorizing settlement of the lawsuit filed by Maximilian Castro against the City and County of San Francisco for $125,000; the lawsuit was filed on December 15, 2000 in San Francisco Superior Court, Case No. 317-475; entitled Maximilian Castro, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

17.	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)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

18.	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)



		Question: Shall this Resolution be ADOPTED?

19.	060376	[Appointment - Commission on the Aging Advisory Council]
		Resolution appointing Catherine Rose Russo, term ending March 31, 2008, to the Commission on the Aging Advisory Council.

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

		Question: Shall this Resolution be ADOPTED?






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

	Recommendations of the Budget and Finance Committee




		Present: Supervisors Daly, Dufty, Peskin, Mirkarimi, Elsbernd, Ma, McGoldrick A quorum of the Board of Supervisors was present and a Special Board of Supervisors meeting was held for the following two items:

20.	060165	[To appropriate $1,127,000 in funding for San Francisco General Hospital capital projects]	Mayor
		Ordinance appropriating $1,127,000 in San Francisco General Hospital (SFGH) revenue and appropriating $1,127,000 for the SFGH Rebuild Planning and Environmental Impact Report (EIR).

		(Fiscal impact.)
		3/28/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

21.	060225	[To appropriate $3,330,980 to fund cost overruns at the Police Department and violence prevention investments for Children, Youth and Their Families for Fiscal Year 2005-2006]	Supervisor Ma
		Ordinance appropriating $3,330,980 to fund salary and fringe overruns and expanded services at the Police Department and violence prevention programming and investments in the Department of Children, Youth and Their Families for Fiscal Year 2005-2006. Sources of funds include $2,572,307 from the Unappropriated General Fund Balance and $758,673 from the Fiscal Year 2005-2006 Children's Baseline Growth. Uses of funds include $2,572,307 for the Police Department and $758,673 for the Department of Children, Youth and Their Families.

		(Fiscal impact.)
		3/28/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?