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March 13, 2007

Board of Supervisors
City and County of San Francisco

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

seal of the city and county of sf

AGENDA
Tuesday, March 13, 2007
2:00 PM

Regular Meeting


AARON PESKIN, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY,
BEVAN DUFTY, SEAN ELSBERND, ED JEW, 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 6, 2007 and February 13, 2007.

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.

SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board
(This item will be read at the third regularly scheduled Board meeting of every month)

The following is a time dedicated for the Mayor to discuss with the Board of Supervisors issues pertaining to the governance of the City and County of San Francisco. The Board of Supervisors offers this time for dialogue on the third regularly scheduled Board meeting of every month pursuant to the will of the voters as expressed in Proposition I in November of 2006.

Should the Mayor fail to appear after five minutes of the item being called, the Clerk shall remove the item from the Board's agenda, and the item shall not be considered by the Board. Should the Mayor appear and the Board therefore consider this item, public comment

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 12

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

1. 061533 [Sale of Vacant City Property on Alemany Boulevard near Ocean Avenue] Supervisors Sandoval, Peskin, Daly, Mirkarimi, Dufty
Ordinance ordering the sale of City-owned property located on Alemany Boulevard, between Ocean Avenue and Onondaga Avenue, commonly known as Assessor's Block Number 6954, Lot 11C; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting findings that Administrative Code Chapter 23A does not apply to such sale; and authorizing other actions in furtherance of this ordinance.
2/27/2007, CONTINUED. Supervisors Dufty and Mirkarimi added as co-sponsors. Continued to March 6, 2007.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Ammiano

2. 061534 [Appropriating $850,000 of Property Sale Proceeds for Homeless and Low-Income Housing to the Mayor's Office of Housing for Fiscal Year 2006-2007] Supervisors Sandoval, Peskin, Daly, Dufty, Mirkarimi
Ordinance appropriating $850,000 from the Sale of Surplus Property for Homeless and Low-Income Housing in the Mayor's Office of Housing for Fiscal Year 2006-2007.
(Fiscal Impact.)

2/27/2007, CONTINUED. Supervisors Dufty and Mirkarimi added as co-sponsors. Continued to March 6, 2007.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Ammiano, Dufty

3. 070177 [Appropriating $1,344,490 for Geneva Avenue Car Barn Repairs and Alemany Boulevard Greening Projects in Recreation and Park and Public Works for Fiscal Year 2006-2007] Supervisors Daly, Sandoval, Dufty, Ammiano, Mirkarimi
Ordinance appropriating $1,074,490 of Capital & One-Time Spending Rainy Day Reserve and $270,000 of Recreation and Park Savings Incentive Reserve to support $1,044,490 for repairs to the Geneva Avenue Car Barn in the Department of Recreation and Park and $300,000 for Alemany Boulevard greening projects in the Department of Public Works for Fiscal Year 2006-2007.
(Fiscal Impact.)

2/27/2007, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Mirkarimi added as a co-sponsor.
2/27/2007, CONTINUED AS AMENDED. Continued to March 6, 2007 to be heard as a committee of the whole.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the City Operations and Neighborhood Services Committee
Present: Supervisors McGoldrick, Alioto-Pier, Jew

4. 061646 [Recreation and Park-Prohibition of alcoholic beverages in South Park] Supervisor Daly
Ordinance amending the San Francisco Park Code Sec. 4.10 to prohibit the consumption of alcoholic beverages in South Park.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Elsbernd, Daly

5. 070090 [Police Charity Audits] Supervisor Peskin
Ordinance amending the San Francisco Police Code Section 660.4-1 requiring the Controller to audit financial statements of charitable organizations submitted pursuant to Section 660.3(e) of the Police Code.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Elsbernd, Alioto-Pier, Daly

6. 070136 [Appropriation of Assessments Levied for Three Business Improvement Districts Established During Fiscal Year 2006-2007] Supervisor Peskin
Ordinance amending the Fiscal Year 2006-2007 Annual Appropriation Ordinance by adding Section 30.7, to appropriate revenues collected from special assessments for disbursement to the respective nonprofit owners' associations for administration of the three property and/or business-based business improvement districts established in San Francisco during Fiscal Year 2006-2007 (i.e., the Fillmore Jazz, Central Market, and Fisherman's Wharf Portside Community Benefit Districts), for authorized purposes.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

7. 060640 [Zoning Map Amendment, vacant lot, Alemany Blvd. between Ocean and Onondaga Avenues] Supervisors Sandoval, Peskin
Ordinance amending the San Francisco Planning Code by amending Sheet 11 of the Zoning Map of the City and County of San Francisco to change the use designation of Lot 11C in Assessor's Block 6954 from RH-1 (One-Family) to NC-3 (Moderate-Scale Neighborhood Commercial District); adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b).
1/23/2007, RE-REFERRED to Land Use and Economic Development Committee.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

8. 061480 [Zoning Map Amendment for 915 Cayuga Avenue]
Ordinance amending the San Francisco Planning Code by amending Sheet 11 of the Zoning Map of the City and County of San Francisco in order to shift a zoning district boundary which is located entirely within Assessor's Block 6954 Lot 033 and which divides an RH-1 (Residential, House, One Family) District from an NC-3 (Neighborhood Commercial, Moderate Scale) District approximately 20 feet in a northwesterly direction to increase the portion of the lot that is zoned NC-3; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b). (Planning Department)
1/23/2007, RE-REFERRED to Land Use and Economic Development Committee.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

9. 070006 [Appointment - Shelter Monitoring Committee]
Resolution appointing Diana Greer, term ending November 23, 2008, to the Shelter Monitoring Committee.
Diana Greer, succeeding Keith Kemp, term expired, seat 5, must be selected from a list of candidates that are nominated by non-profit agencies that provide advocacy or organizing services to homeless people and be homeless or formerly homeless, for the unexpired portion of a two-year term ending November 23, 2008.

Question: Shall this Resolution be ADOPTED?

10. 070234 [Appointment - Veterans Affairs Commission]
Resolution appointing Jill Buck, term ending January 31, 2010, Edwin Wilkerson, Bud Wilson and Regalado Baldonado, terms ending January 21, 2011, to the Veterans Affairs Commission; residency requirement waived.
Jill Buck, succeeding herself, term expired, seat 5, must be a woman veteran, for the unexpired portion of a four-year term ending January 31, 2010;
Edwin Wilkerson, succeeding Ralph Gibson, Sr., term expired, seat 7, must be a person who served in the Armed Forces of the United States of America and is suffering under a physical disability arising from that service, in accordance with the definitions applied in such cases by the Veterans' Administration, for a new four-year term ending January 31, 2011;
Bud Wilson, succeeding himself, term expired, seat 8, must be an at-large appointment, for a new four-year term ending January 31, 2011;
Regalado Baldonado, succeeding Edwin Wilkerson, term expired, seat 11, must be an at-large appointment, for a new four-year term ending January 31, 2011.

Question: Shall this Resolution be ADOPTED?

11. 070236 [Appointment - In-Home Supportive Services Public Authority]
Resolution appointing Elizabeth Grigsby, term ending March 1, 2010, to the In-Home Supportive Services Public Authority.
Elizabeth Grigsby, succeeding herself, seat 9, term expiring March 1, 2007, must be a member of the Mayor's Disability Council, recommended to the Board by the Council, for a new three-year term ending March 1, 2010.

Question: Shall this Resolution be ADOPTED?

12. 070238 [Appointment - Foster Care Improvement Task Force]
Resolution appointing Toni Heineman, term ending August 31, 2007, to the Foster Care Improvement Task Force.
Toni Heineman, new appointment, seat 2, must be a representative of a neighborhood organization from Potrero Hill, for the unexpired portion of a two-year term ending August 31, 2007.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

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

13. 070152 [Affirming certification of San Francisco Marina Renovation FEIR]
Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the San Francisco Marina Renovation Project. (Clerk of the Board)
2/27/2007, CONTINUED. Continued to March 13, 2007.
Question: Shall this Motion be APPROVED?

14. 070153 [Disapproving certification of San Francisco Marina Renovation FEIR]
Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the San Francisco Marina Renovation Project Project.
2/27/2007, CONTINUED. Continued to March 13, 2007.
Question: Shall this Motion be APPROVED?

15. 070154 [Preparation of findings to disapprove certification of San Francisco Marina Renovation FEIR]
Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the San Francisco Marina Renovation Project FEIR. (Clerk of the Board)
2/27/2007, CONTINUED. Continued to March 13, 2007.
Question: Shall this Motion be APPROVED?

Recommendation of the City Operations and Neighborhood Services Committee
Present: Supervisors McGoldrick, Alioto-Pier, Jew

16. 070083 [Public Works Construction - Use of Recycled Content Materials] Supervisor McGoldrick
Ordinance amending Chapter 6 of the Administrative Code by amending Section 6.4 to require recycled content materials to be used in public works and improvements to the maximum extent feasible.
3/6/2007, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
3/6/2007, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

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

17. 070126 [Wild parrots of Telegraph Hill - Tree preservation adjacent to 233 Greenwich Street] Supervisor Dufty
Ordinance waiving certain provisions of Public Works Code Section 809 to assume responsibility for the preservation of two (2) Monterey Cypress trees adjacent to 233 Greenwich Street (Assessor's Block 85, Lot 32) that provide habitat for the wild parrots of Telegraph Hill, including pruning and removal as set forth herein; imposing specified tree replanting requirements on the property owner of 233 Greenwich Street in furtherance of Public Works Code Section 809's tree replacement provisions; authorizing the Director of Public Works to enter into a sole source agreement with Ted Kipping, Tree Shapers, LLC, for professional services relating to the pruning of the trees; accepting a gift from the Northeast San Francisco Conservancy to offset the cost of pruning the trees; and authorizing official acts in connection thereto.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

18. 070259 [2007 and 2008 condominium conversion lottery] Supervisor McGoldrick
Ordinance amending the Subdivision Code by authorizing conversion of three (3) additional units to account for all buildings selected as winners in the 2007 condominium conversion lottery and deleting three (3) units from the 2008 condominium conversion lottery so that the 2008 lottery consists of 197 total units; and making environmental findings.
3/6/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

19. 061432 [Clean Construction Ordinance] Supervisors Maxwell, Daly
Ordinance amending the Administrative Code to add Section 6.25 to require City Contractors to adopt clean construction practices including biodiesel fuel and emissions controls within eighteen months; amending the Administrative Code to add Section 6.67 to allow City departments that are authorized to award public works contracts to compare bids on the basis of clean construction practices; and amending the Environment Code to add Section 411 to authorize the Department of the Environment to assist local businesses with off-road construction equipment in applying for funding to retrofit or replace such equipment and to require annual reporting, and making findings, including environmental findings.
(Fiscal impact.)

12/12/2006, SUBSTITUTED. Supervisor Maxwell submitted a substiture ordinance bearing new title.
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 070209 [Public Employment and Accept-Expend State Grant - Sheriff's Department project to address the needs of mentally ill offenders in the jails] Supervisor Dufty
Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance 2006-2007) to reflect the addition of a 2932 Senior Psychiatric Social Worker in the Department of Public Health and a 8444 Deputy Probation Officer in the Adult Probation Department, and authorizing the Sheriff's Department to accept and expend an 18-month grant in the amount of $995,128 from the Corrections Standards Authority for the Mentally Ill Offenders Crime Reduction (MIOCR) Grant Program, and waiving indirect costs.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 070103 [Airport Concession Lease]
Resolution approving Amendment No. 4 to the Travelex America Inc. Lease Agreement for Foreign Currency Exchange in the New International Terminal Building and Existing Terminal Buildings at San Francisco International Airport Lease No. 99-0449 between Travelex America Inc. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
Question: Shall this Resolution be ADOPTED?

22. 070140 [Designation of MuniServices, LLC ("Contractor") as City's Authorized Representative in Sales and Use Tax Records Examination]
Resolution Designating MuniServices, LLC ("Contractor") as the City and County of San Francisco's Authorized Representative in Sales and Use Tax Records Examination. (Controller)
Question: Shall this Resolution be ADOPTED?

23. 070257 [Accept-Expend Federal and State Grants - Department of Public Works] Supervisors Daly, Dufty
Resolution authorizing the Department of Public Works to accept and expend a federal grant in the amount of $1,327,950 and a state grant in the amount of $172,050 from the Metropolitan Transportation Commission for the Valencia Streetscape Improvements Project.
Question: Shall this Resolution be ADOPTED?

24. 070258 [Accept-Expend Federal and State Grants - Department of Public Works] Supervisor Maxwell
Resolution authorizing the Department of Public Works to accept and expend a federal grant in the amount of $1,559,899 and a state grant in the amount of $202,101 from the Metropolitan Transportation Commission for the Leland Avenue Streetscape Improvements Project.
Question: Shall this Resolution be ADOPTED?

25. 070261 [Authorizing the Director of Public Works or his or her designee to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any Mayor
Resolution authorizing the Director of Public Works or his or her designee to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with the California Department of Transportation.
Question: Shall this Resolution be ADOPTED?

Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Elsbernd, Alioto-Pier, Daly

26. 070080 [Prohibiting mobile catering trucks from operating near public schools] Supervisors Elsbernd, Maxwell, Dufty
Ordinance amending the San Francisco Police Code to prohibit operators of mobile catering vehicles from selling within 1500 feet of a public middle school, junior high school, or high school.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

27. 070223 [Changing the official sidewalk width - Folsom Street]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1573 to change the official sidewalk width on the northerly side of Folsom Street easterly of 8th Street; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 070224 [Changing the official sidewalk width - Stockton Street]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1571 to change the official sidewalk widths on the westerly side of Stockton Street between Geary and Ellis Streets; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

29. 070220 [Urging The Planning Commission to initiate and recommend an amendment to the Housing Element of the General Plan] Supervisor McGoldrick
Resolution urging the Planning Department, Mayor's Office of Housing and relevant City Departments to initiate and recommend amendments to the Housing Element of the General Plan to evaluate the expansion of the Residential Inclusionary Affordable Housing Program to housing developments of all sizes.
2/27/2007, REFERRED to Land Use and Economic Development Committee. Supervisor Elsbernd requested that this matter be referred to committee.
Question: Shall this Resolution be ADOPTED?

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

30. 070076 [Appointing Road Commissioner - Fred V. Abadi, Ph.D] Mayor
Ordinance appointing Fred V. Abadi, Ph.D., Director of Public Works, Road Commissioner for the City and County of San Francisco, and repealing Ordinance 18-02.
Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 070237 [Appointment - Western SoMa Citizens' Planning Task Force]
Resolution appointing Luke Lightning, Matthew Furey and Catherine Ann Swineford, terms ending November 23, 2007, to the Western SoMa Citizens' Planning Task Force.
Luke Lightning, succeeding Robert Rhine, seat 2, must be a resident of western SoMa for less than three years, for the unexpired portion of a three-year term ending November 23, 2007.
Matthew Furey, succeeding Mark Vernon, resigned, seat 5, must be raising a family in western SoMa, for the unexpired portion of a three-year term ending November 23, 2007.
Catherine Ann Swineford, new appointment, seat 23, must be a person representing the interests of homeless individuals, for the unexpired portion of a three-year term ending November 23, 2007.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Ammiano, Elsbernd

32. 070233 [Appointment to San Francisco LAFCO]
Motion appointing Supervisor Jake McGoldrick, term ending February 20, 2011, to the San Francisco Local Agency Formation Commission.
Question: Shall this Motion be APPROVED?

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. Continued appeals from previous Board meetings (continued appeals will be listed in order
of those closest to deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by
the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning
at 4pm.
5. Appeals involving participants who have ADA considerations may be set for specific times
beginning at 4pm.

33. 070155 [Public Hearing - Appeal of Categorical Exemption from Envrionmental Review for 869 North Point Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated November 2, 2006(Case No. 2005.0399E), exempting from environmental review under Categorical Exemption, [State CEQA Guidelines, Section(s) 15301 and 15303; Class Number(s): 1 and 3]. The proposal would demolish a vacant two-story, single-family residential building and construct a three-story with mezzanine, three-family residential building measuring approximately 6,000 gross-square-feet (gsf), and three off-street parking spaces in a surface level garage, located at 869 North Point Street (Assessor's Block 0026/Lot 019B) is 3,437.5 square feet in size and located in the Russian Hill Neighborhood. The project site is zoned RH-3 (Residential House District, Three-Family) and within a 40-X Height and Bulk district. (Appellant: Roland Salvato on behalf of the Aquatic Park Neighbors)
(Filed January 31, 2007; companion measure to Files 070155, 070156, 070157, 070158, District 2.)

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 approved.)

34. 070156 [Affirming the categorical exemption issued for the 869 North Point project.]
Motion affirming the determination by the Planning Department that the 869 North Point project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

35. 070157 [Disapproving the categorical exemption issued for the 869 North Point project]
Motion disapproving the determination by the Planning Department that the 869 North Point project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

36. 070158 [Preparation of findings related to the 869 North Point 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 869 North Point Street is exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

SPECIAL ORDER 4:30 P.M.

37. 070163 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 120 Howard Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated December 28, 2006 (Case No. 2006.0616E), exempting from environmental review under Categorical Exemption Class 32, [State Guidelines, Section 15332]. The proposal would construct an approximately 67,310 gross-square-foot (gsf) vertical addition to an existing 134,933 gsf, eight-story office building with ground floor retail uses, a partial 9th floor penthouse and an attached garage with approximately 70 off-street parking spaces. The vertical addition would fill in the 9th floor and add three new stories increasing the height of the building by 56 feet from 103'6" to 159'6", located at 120 Howard Street (Assessor's Block 3717, Lot 019). The project site is located within the C-3-O (Downtown Office) and the C-3-O(SD) (Downtown Office - Special Development) zoning district and within a 200-S height and bulk district. (Appellant: Margo N. Bradish)
(Filed February 1, 2007; companion measure to Files 070163, 070164, 070165, 070166, District 6.)

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 approved.)

38. 070164 [Affirming the categorical exemption issued for the 120 Howard Street project]
Motion affirming the determination by the Planning Department that the 120 Howard Street project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

39. 070165 [Disapproving the categorical exemption issued for the 120 Howard Street project]
Motion disapproving the determination by the Planning Department that the 120 Howard Street project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

40. 070166 [Preparation of findings related to the 120 Howard Street 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 120 Howard Street is exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be APPROVED?

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Budget and Finance Committee at a Special Meeting on Monday, March 12, 2007, 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 13, 2007.

41. 070305 [Urging the United States Congress to Secure the Immediate and Safe Withdrawal of U.S. Troops from Iraq] Supervisors Daly, Ammiano, Dufty, Mirkarimi
Resolution calling upon the United States Congress to exercise its constitutional authority to revoke the United States' commitment of military forces in Iraq and to secure the immediate, safe and orderly withdrawal of all our troops from Iraq.
Question: Shall this Resolution be ADOPTED?

The following item will be considered by the Public Safety Committee at a Regular Meeting on Monday, March 12, 2007, 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 13, 2007.

42. 070268 [Accept-Expend State Grant - Sheriff's Department project to address the needs of prisoners reentering the community] Supervisors Maxwell, Daly, Mirkarimi
Resolution authorizing the Sheriff's Department to apply for, accept and expend $708,333 in funds from the Division of Community Partnerships through the Intergovernmental Partnership (IGP) Grant Program to fund the implementation and expansion of innovative programs designed to reduce recidivism and prevent community victimization; waiving any indirect costs.
Question: Shall this Resolution be ADOPTED?

43. 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.

44. 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 45 through 48

45. 070319 [Resolution endorsing the United Nations principle of the responsibility to protect.] Supervisors Dufty, Peskin, Mirkarimi, Alioto-Pier, Maxwell
Resolution endorsing the United Nations principle of the responsibility to protect.
3/6/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

46. 070320 [Supporting AB43 - Religious Freedom and Civil Marriage Act] Supervisors Ammiano, Dufty
Resolution urging the California Assembly and Senate and the Governor of California to support Assembly Bill 43 (AB43), the "Religious Freedom and Civil Marriage Act", which defines marriage as a civil contract between two people.
3/6/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

47. 070321 [Resolution of the City and County of San Francisco supporting a Federal Department of Peace and Nonviolence.] Supervisors Alioto-Pier, Ammiano, Dufty, Mirkarimi
Resolution supporting the establishment of a Federal Department of Peace and Nonviolence.
3/6/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

48. 070290 [Final Map - 565 Arguello Boulevard]
Motion approving Final Map No. 4067, a 5 Unit Residential Condominium Project, located at 565 Arguello Boulevard being a subdivision of Lot 13 in Assessors Block No. 1543 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 (Public Works Department)
3/1/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

49. 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 27, 2007 through March 5, 2007, for reference by President to appropriate committee on March 13, 2007.

070293 [Settlement of Lawsuit - Marnie Carter]
Ordinance authorizing settlement of the lawsuit filed by Marnie Carter against the City and County of San Francisco for $100,000; the lawsuit was filed on March 30, 2005 in San Francisco Superior Court, Case No. 439-948; entitled Marnie Carter, et al., v. City and County of San Francisco, et al. (City Attorney)
2/28/2007, RECEIVED AND ASSIGNED to Rules Committee.

070294 [Settlement of Lawsuit - Adrienne Hogan]
Ordinance authorizing the settlement of a lawsuit filed by Adrienne Hogan against the City and County of San Francisco for $50,000.00 (fifty thousand dollars); the lawsuit was filed on September 19, 2005, in San Francisco Superior Court, Case No. 444952, entitled Adrienne Hogan v. City and County of San Francisco et al. (City Attorney)
2/28/2007, RECEIVED AND ASSIGNED to Rules Committee.

070295 [Settlement of Lawsuit - Hattie Finn-Carter]
Ordinance authorizing the settlement of a lawsuit filed by Hattie Finn-Carter against the City and County of San Francisco, Public Utilities Commission, Kevin Lyons, Dan Gilman, and Michael Saldanha for $70,000.00 (seventy thousand dollars); the lawsuit was filed on February 13, 2006, in United States District Court for the Northern District of California, Case No. 06-1067, entitled Hattie Finn-Carter v. City and County of San Francisco, Public Utilities Commission, Kevin Lyons, Dan Gilman, and Michael Saldanha. (City Attorney)
2/28/2007, RECEIVED AND ASSIGNED to Rules Committee.

070296 [Appropriating $4,440,000 of General Fund Reserve funding for County Jail No. 3 Construction Project legal costs]
Ordinance appropriating $4,440,000 of General Fund Reserve funding for litigation expenses related to the County Jail No. 3 Replacement Project for Sheriff's Office through the Department of the Public Works to work order for legal services with the City Attorney's Office. (Sheriff)
2/28/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from February 27, 2007 through March 5, 2007, for reference by President to appropriate committee on March 13, 2007.

070141 [Three Month Extension of Tolling Agreement]
Resolution approving a three month extension of mutual tolling agreement between the City of Daly City ("Daly City") and the City and County of San Francisco ("San Francisco"). (City Attorney)
1/29/2007, RECEIVED AND ASSIGNED to Rules Committee.
3/6/2007, SUBSTITUTED. City Attorney's Office submitted a substitute resolution bearing new title.
3/6/2007, ASSIGNED to Rules Committee.

070292 [Contract with Anticipated Expenditure in Excess of $10 Million]
Resolution approving an Agreement between the City and County of San Francisco (Purchaser) and Sunset Scavenger, Golden Gate Disposal & Recycling Company, and SF Recycling & Disposal Company, Inc. (Contractors) for refuse services, resulting in total compensation to the Contractors in an amount not to exceed $23,500,000, pursuant to San Francisco Charter Section 9.118(b). (City Administrator)
2/28/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

070298 [Airport Commission Declaration of Emergency Contract Pursuant to Section 21.15 of the San Francisco Administration Code]
Resolution concurring with the Airport Commission's Declaration of Emergency in response to the Transportation Security Administration's Security Directive 1542-06-01B requiring immediate additional screening of materials in the sterile areas of the Airport and approving the contract between the Airport Commission and Primeflight Aviation Services, Inc. (Airport Commission)
3/1/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

070299 [Ten Year Capital Expenditure Plan]
Resolution adopting the City's ten year capital expenditure plan for fiscal years 2008-2017. (City Administrator)
3/5/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

070337 [Petitions and Communications]
Petitions and Communications received from February 27, 2007 through March 5, 2007 for reference by the President to March 13, 2007.

From Police Department, submitting request for a hearing to consider the release of reserved funds in the amount of $1,540,000 for the purpose of supporting the department's violence reduction efforts.(1)

From Mayor's Office of Economic and Workforce Development, submitting request for hearing in the Budget & Finance Committee in order that funds placed in reserve be released and allocated.(2)

From Office of the Mayor, submitting notice of appointment of Linda Cheu to the Redevelopment Agency replacing Commissioner Benny Yee.(3)

From Office of the Controller Financial Audits Division, submitting response to the recommendations of the Civil Grand Jury for Fiscal Years 2003-2004, 2004-2005 and 2005-2006.(4)

From Clerk of the Board, submitting notice to the Board of the Mayor's reappointment of Patricia Breslin to the Taxi Commission.(5)

From concerned citizens, submitting support to implement Community Choice energy in San Francisco. File 070112, 51 letters(6)

From Mike Vandeman, Ph.D, regarding mountain biking on Mt. Sutro.(7)

From Office of the Clerk of the Board, submitting Form 700 Statement of Economic Interests from:(8)
Sean Elsbernd, Member of the Board of Supervisors
Sophie Maxwell, Member of the Board of Supervisors
Gloria L. Young, Clerk of the Board and LAFCo Executive Officer
Ohn Myint, Senior Accountant
Madeleine Licavoli, Deputy Director II
Erasmo Vazquez, IS Administrator III
Shauna Johnson, Legislative Analyst
Gabriel Cabrera, Legislative Analyst
Soleil Teubner, Legislative Assistant to Supervisor Michela Alioto-Pier
Alice Guidry, Legislative Assistant to Supervisor Sophie Maxwell
David Noyola, Legislative Assistant to Supervisor Aaron Peskin

From Mackenzie & Albritton, LLP, regarding interim moratorium on installation of microcell equipment. File 070217, Copy: Each Supervisor(9)

From Luce Forward, Attorneys at Law, requesting hearing continuance to 4/17/2007 for the Appeal of Determination of Exemption From Environmental Review for 120 Howard Street. File 070163, Copy: City Attorney(10)

From Commission on the Environment, submitting transmittal letter and Urban Forestry Council Resolutions approving landmark tree status for trees located at 1221 Stanyan Street and 730 - 28th Avenue. Copy: Each Supervisor(11)

From Dave Snyder, submitting opposition to reducing the cost of adult MUNI Fast Passes for 18-24 year olds. File 061565, Copy: Each Supervisor, 2 letters(12)

From Recreation and Park Department, regarding repair of the Dog Fountain, and the fountain above it, at Alamo Square. (Reference 20070130-001)(13)

From Stanley Sacharoff, commenting on AsianWeek's publishing of hate and racist material. File 070276, Copy: Each Supervisor, 3 letters(14)

From Mary Lou Gerstle, responding to Supervisor Jew's editorial in the SF Examiner regarding MUNI. Copy: Supervisor Jew(15)

From Daniel Konhauser, submitting opposition to the proposed Earthlink/Google WiFi contract. File 070077, Copy: Each Supervisor, 3 letters(16)

From Christian Holmer, regarding immediate disclosure requests from City departments.(17)

From Tony Haze, commenting on MUNI requiring passengers with FastPasses to board the vehicle from the front door.(18)

From Robert Hutchinson, commenting on pedestrian safety in San Francisco.(19)

From Human Rights Commission, submitting S.F. Administrative Code Chapters 12B and 14B Waiver Request Form (HRC Form 201) for the use of the Holiday Inn Civic Center to administer the E-125 and E-126, Q-2 Police Officer examination.(20)

From T. Nuyens, commenting on parking fines and fees.(21)

From Kathryn Woods, regarding 4 helicopters hovering over the Noe Valley neighborhood starting at about 6:00 a.m. on March 1, 2007.(22)

From Phoebe Williams, submitting to Heather Fong, Chief of Police, a suggestion of 24-hour security for Mayor Newsom. (23)

From Department of Elections, submitting notice of work with the City's lobbyist in tracking of Senate Bill 113 (Calderon): Establishing a February Primary in Years Divisible by Four for the Election of President and Vice President.(24)

From Department of Elections, submitting Supplemental Appropriation for Fiscal Year 2006 / 2007. Copy: Each Supervisor(25)

From Coalition for San Francisco Neighborhoods, regarding Appeal of Final Environmental Review for SF Marina Renovation Project at 3950 Scott Street; Certification of San Francisco Marina Renovation FEIR. File 070151, 070152, 070153, 070154, Copy: Each Supervisor(26)

From Department of Elections, submitting notice of release of $11,210 in reserve funds for the preparation and mailing of absentee ballots.(27)

From concerned tourist, commenting on the lack of information on parking signs that would inform out-of-towners that there are no exempt days for parking meters. Copy: Supervisor Peskin, Department of Parking and Traffic.(28)

From Abdalla Megahed, requesting a meeting with Mayor Newsom to discuss "Next Door" shelter's actions against the homeless.(29)

From Christian Holmer, commenting that DTIS is one of only two City departments refusing to respond to CPRA requests past due.(30)

From concerned citizens, submitting opposition to the 6-month trial closure of the East-end of JFK Drive on Saturdays. File 070269, Copy: Each Supervisor, 2 letters(31)

From European/American Issues Forum, submitting copy of "Open Letter" to the San Francisco Chronicle dated March 4, 2007 regarding forum held on AsianWeek race column.(32)

From concerned citizen, commenting on the estimated cost to the City for the redesign and reissue of new uniform patches within the Sheriff's department. Copy: Each Supervisor(33)

From Edi Matzel, commenting on police brutality within the SF Police Department. Copy: Each Supervisor(34)

From Tim Spirakes, commenting on the increasing number and volume of motorcycles with loud exhaust pipes.(35)

From Office of the Treasurer, submitting Portfolio Statistics from July 1, 2006 to February 28, 2007.(36)

From Office of Citizen Complaints, submitting 2005 Annual Report for the Office of Citizen Complaints.(37)

From Metropolitan Transportation Commission, submitting 2006 Annual Report for the Metropolitan Transportation Commission.(38)

From Abdalla Megahed, submitting notice that due to the lack of action taken by the Mayor's office regarding reported complaints against "Next Door" shelter management, he may have to take his concerns to the courts.(39)

From Legal Services for Prisoners with Children, submitting to Sheriff Michael Hennessey copy of a letter of concern regarding the effects of the current policy on families and friends of prisoners.(40)

From Office of the Controller/City Services Auditor, submitting to the Mayor's Office of Economic and Workforce Development, its audit report on the grant awarded to the Chinatown Neighborhood Association (CNA) to operate the Chinatown Night Market in 2005 and 2006.(41)

From Municipal Transportation Agency, regarding repainting the crosswalk at all four sections of the intersection of Hayes Street and Laguna Street in District 5. (Reference 20060912-001) Copy: Supervisor Mirkarimi(42)

From Ethics Commission, submitting copy of form SFEC-126: Notification of Contract Approval (S.F. Campaign and Governmental Conduct Code section 1.126). Copy: Each Supervisor(43)

From Municipal Transportation Agency, regarding status on the installation of vehicle speed reduction devices on Cerritos Avenue between Ocean Avenue and Junipero Serra. (Reference 20070213-014) Copy: Supervisor Elsbernd(44)

From Hayes Valley Neighborhood Association, urging the Board to approve the rescind of the existing Oak Street tow-away zone and to oppose the addition of a new zone on the North side of Oak Street. File 061694, Copy: Each Supervisor(45)

From Claudia M. Siefer, commenting on the use of plastic shopping bags in San Francisco. File 070085, Copy: Each Supervisor(46)

From Cereplast, Inc., submitting support for the Plastic Bag Reduction Ordinance. File 070085, Copy: Each Supervisor(47)

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=4383For information, call (415) 554-5184.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.
Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
Disability access
The Legislative Chamber and the Committee Room 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: 11/19/2013 8:16:33 AM