Board of Supervisors : March 27, 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 27, 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 March 6, 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, Dufty, Mirkarimi

1.	070260	[De-Appropriating $22,294,696 of parking tax revenue from the Municipal Transportation Agency and replacing it with a transfer from the General Fund for Fiscal Year 2006-2007]	Mayor
		Ordinance de-appropriating $22,294,696 of parking tax revenue from the Municipal Transportation Agency (MTA) and re-appropriating the revenue to the General Fund. Replace the revenue with a like transfer amount of $22,294,696 from the General Fund in lieu of the parking tax allocation for Fiscal Year 2006-2007.


		3/20/2007, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

		Present: Supervisors Daly, Ammiano, Mirkarimi

2.	070226	[2007 Annual Fundraising Drive]
		Resolution designating those agencies qualified to participate in the 2007 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco.



		Question: Shall this Resolution be ADOPTED?

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

3.	070109	[Settlement of Lawsuit - Harvey John Merk]
		Ordinance authorizing settlement of the lawsuit filed by Harvey John Merk against the City and County of San Francisco for $135,000; the lawsuit was filed on August 5, 2005 in San Francisco Superior Court, Case No. 443-654; entitled Harvey John Merk, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

4.	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)


		3/6/2007, SUBSTITUTED. City Attorney's Office submitted a substitute resolution bearing new title.


		Question: Shall this Resolution be ADOPTED?

5.	070242	[Appointment - Foster Care Improvement Task Force]
		Resolution appointing Helen Birch, term ending August 31, 2007, to the Foster Care Improvement Task Force; residency requirement waived.

		Helen Birch, new appointment, seat 1, must be a representative of a neighborhood organization from Oceanview/Merced/Ingleside, for the unexpired portion of a two-year term ending August 31, 2007.

		Question: Shall this Resolution be ADOPTED?

6.	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)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	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)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

8.	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)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

9.	070297	[Settlement of Lawsuit - San Francisco Bay Area Transit District]	Supervisor Peskin
		Ordinance authorizing revised settlement of litigation brought by the San Francisco Bay Area Transit District against City and County of San Francisco in the eminent domain action entitled San Francisco Bay Area Transit District v. City and County of San Francisco, et al. (Alameda County Superior Court No. HG03-099024, filed July 7, 2003), for the principal amount of $2,367,570.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

10.	070340	[Appointment - Child Care Planning and Advisory Council]
		Resolution appointing Juanita Santana, term ending December 31, 2008, to the Child Care Planning and Advisory Council.

		Juanita Santana, succeeding herself, term expired, seat 7, must be a nominee of District 7 Supervisor selected from: parent advisory councils of public and private child care programs; associations of child care centers, family day care providers and Head Start; public interest organizations including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer Work and Family Coalition; and members of labor organizations and local organizations that fall within the definition of "Community representative", for the unexpired portion of a three-year term ending December 31, 2008.

		Question: Shall this Resolution be ADOPTED?

11.	070338	[Appointment - Citizens' General Obligation Bond Oversight Committee]
		Resolution appointing Shawn Leonard, term ending November 21, 2008, to the Citizens' General Obligation Bond Oversight Committee.

		Shawn Leonard, succeeding William Wong, term expired, seat 2, must be active in labor organizations, for the unexpired portion of a two-year term ending November 21, 2008.

		Question: Shall this Resolution be ADOPTED?

12.	070339	[Appointment - Asthma Task Force]
		Resolution appointing Nanette Madden, term ending June 30, 2007, to the Asthma Task Force.

		Nanette Madden, succeeding Julie McKown, seat 14, resigned, must be an individual who represents health care professions working with asthmatics and is a voting member, for the unexpired portion of a two-year term ending June 30, 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

13.	070388	[Adopting findings related to disapproving the categorical exemption issued for the 869 North Point Street Project]
		Motion adopting findings related to disapproving the determination by the Planning Department that the 869 North Point Street Project is categorically exempt from environmental review under the California Environmental Quality Act.


		3/21/2007, REFERRED to Board of Supervisors.


		Question: Shall this Motion be APPROVED?

	Recommendations of the Budget and Finance Committee

		Present: Supervisors Daly, Ammiano, Dufty, Mirkarimi

14.	061432	[Clean Construction Ordinance]	Supervisors Maxwell, Daly, Mirkarimi, Ammiano
		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 two years; 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.

		3/13/2007, CONTINUED. Supervisor Mirkarimi added as a co-sponsor. Continued to March 20, 2007.

		3/20/2007, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 3/20/07 - Amendment of the whole bearing a new title.

		3/20/2007, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

		Present: Supervisors Daly, Dufty, Mirkarimi

15.	070210	[Public Employment]	Supervisors Dufty, Maxwell, Mirkarimi
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 4 positions (2.25 0.68 FTEs) at Adult Probation (ADP).

		(Fiscal impact.)
		3/20/2007, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

		Present: Supervisors Ammiano, Dufty, Mirkarimi

16.	070255	[Health Care Security Ordinance Amendments]	Supervisors Ammiano, Dufty, Mirkarimi, McGoldrick
		Ordinance amending the San Francisco Administrative Code by amending Sections 14.1 through 14.4 to: (1) authorize the Department of Public Health to establish and maintain reimbursement accounts from which employees covered by the San Francisco Health Care Security Ordinance ("HCSO") may seek reimbursement for health care expenses; (2) clarify remedies for violations of the HCSO; and (3) make other technical changes and findings.


		3/20/2007, PASSED ON FIRST READING. Supervisor McGoldrick added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

17.	070354	[Healthcare Security Ordinance Amendment]	Supervisors Ammiano, Dufty, McGoldrick
		Ordinance amending Section 14.8 of the Administrative Code to extend to 2008 the operative date of the portion of the Health Care Security Ordinance requiring minimum employer health care expenditures.


		3/20/2007, PASSED ON FIRST READING. Supervisor McGoldrick added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

18.	070227	[Airport Professional Services Agreement]
		Resolution approving the Professional Services Agreement for the Management and Operation of the Airport's Public and Employee Parking Facilities between New South Parking - California and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)



		Question: Shall this Resolution be ADOPTED?

19.	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 $23,037,527, pursuant to San Francisco Charter Section 9.118(b). (City Administrator)

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

20.	070318	[Master Agreement for Federal Aid Transportation Funds]	Mayor
		Resolution approving the execution of a Master Agreement for Federal-Aid Projects between the City and County of San Francisco, through its Municipal Transportation Agency (for the Department of Parking and Traffic), and the California Department of Transportation.



		Question: Shall this Resolution be ADOPTED?

21.	070308	[TEFRA Approval for the Execution and Delivery of Tax-Exempt Certificates of Participation (City Office Buildings - Multiple Properties Project)]	Supervisor Elsbernd
		Resolution approving the issuance and sale of tax-exempt certificates of participation in an aggregate principal amount not to exceed $162,000,000 to finance the acquisition and/or improvement of the portions of the buildings known as One South Van Ness Avenue, 1650 Mission Street and 30 Van Ness Avenue that are currently leased to nonprofit corporations.



		Question: Shall this Resolution be ADOPTED?

	From the Budget and Finance Committee Without Recommendation
		Present: Supervisors Daly, Ammiano, Mirkarimi

22.	070299	[Ten Year Capital Expenditure Plan]
		Resolution adopting the City's ten year capital expenditure plan for fiscal years 2008-2017. (City Administrator)



		Question: Shall this Resolution be ADOPTED?

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

23.	070021	[Planning Code Amendment-Landmarking Interiors of Publicly-Accessible Buildings]	Supervisor McGoldrick
		Ordinance amending the San Francisco Planning Code by amending Sections 1004, 1005 and 1006.7 to provide for review of proposed changes to interior architectural features of privately-owned landmark buildings where such features are in areas of the landmark that are generally accessible to members of the public; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

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

24.	061695	[Assessment Appeals Boards: expanding Board Two jurisdiction]	Supervisor Peskin
		Ordinance amending Administrative Code Chapter 2B "Assessment Appeals Boards" by amending Section 2B.6 and Section 2B.13 to expand the jurisdiction of Board Two (1) from less than $20,000,000 to less than $50,000,000 maximum assessed roll value, and (2) to include jurisdiction over residential property of four units or less in the downtown and south of Market areas that are currently excluded from Board Two jurisdiction.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

25.	061696	[Assessment Appeals Board Local Procedural Rule Modification: Time period for Applicants to request reconsideration after denial of application due to failure to appear at hearing]	Supervisor Peskin
		Resolution approving modification of Assessment Appeals Board local Procedural Rule 21 as approved by a joint meeting of AAB members, to improve hearing calendar management by providing that an Applicant will have thirty (30) days (instead of the current sixty (60) days) to file a request for reconsideration whenever the AAB has denied an application due to the Applicant's failure to appear at the scheduled hearing.



		Question: Shall this Resolution be ADOPTED?

26.	070122	[Conflict of Interest Code Amendments]
		Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by amending sections 3.102.5, 3.1-105, 3.1-120, 3.1-145, 3.1-150, 3.1-155, 3.1-160, 3.1-175, 3.1-195, 3.1-205, 3.1-207, 3.1-218, 3.1-230, 3.1-242, 3.1-245, 3.1-252, 3.1-265, 3.1-267, 3.1-270, 3.1-275, 3.1-285, 3.1-312, 3.1-315, 3.1-320, 3.1-325, 3.1-335, 3.1-340, 3.1-345, 3.1-350, 3.1-365, 3.1-375, 3.1-390, 3.1-395, 3.1-420, 3.1-435, 3.1-440, 3.1-445, and 3.1-500; renumbering sections 3.1-252, 3.1-265, and 3.1-375 as sections 3.1-255, 3.1-362 and 3.1-252, respectively; deleting sections 3.1-109, 3.1-168, 3.1-170, 3.1-220, 3.1-222, 3.1-290, 3.1-400, 3.1-423, and 3.1-430; and adding sections 3.1-108, 3.1-193, 3.1-251, 3.1-253, and 3.1-457, all to update the list of designated employees who must file financial disclosure statements, to modify the applicable disclosure categories, and to clarify that consultants for each City agency must file financial disclosures in disclosure category 1 unless the agency's director has indicated otherwise. (Clerk of the Board)


		2/27/2007, SUBSTITUTED. Clerk of the Board submitted a substitute ordinance bearing same title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

27.	061470	[Thirty Day Hold for Legislation Involving Planning or Land Use]	Supervisor Peskin
		Motion amending the Rules Order of the Board of Supervisors to add Rule 5.41 requiring that significant amendments to the Administrative Code involving land use or planning issues shall be referred to the Planning Department and prohibiting Board or Committee action on such legislation until thirty days after introduction.



		Question: Shall this Motion be APPROVED?

CALLED FROM COMMITTEE

28.	060589	[Liquor License Transfer, 845 Market Street, Space 010]
		Resolution determining that the transfer of a Type 21 off-sale general license from 1001 South Van Ness Avenue to 845 Market Street, basement of the San Francisco Centre, Space 010 to Bristol Farms Inc., will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.


		8/15/2006, CONTINUED. Continued to September 12, 2006

		9/12/2006, CONTINUED. Continued to September 19, 2006

		9/19/2006, RE-REFERRED to City Operations and Neighborhood Services Committee.

		3/20/2007, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Dufty called this measure from City Operations and Neighborhood Services Committee.


		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. 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.

29.	070054	[Public Hearing - Appeal of Determination of Exemption from Environmental Review for 350 Masonic Avenue/2130 Golden Gate Avenue]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated June 14, 2006 (Case No. 2005.0156E), exempting from environmental review under Categorical Exemption, [State CEQA Guidelines, Section 15332], Class 32. The proposal to remove an existing eight-car off-street surface parking lot and demolish a 1,550-gross-square-foot (gsf) single-family residence at 2130 Golden Gate Avenue and construct an approximately 15,200-gsf structure and a 2,500-gsf underground garage.The project site is within an RH-3 (Residential, House, Three-Family) zoning district, and a 40-X height and bulk district located at 350 Masonic/2130 Golden Gate Avenues, Lots 29 and 11 in Assessor's Block 1149. (Appellant: F. Joseph Butler)

		(Filed January 5, 2007; Companion measure to Files 070054, 070055, 070056, 070057; District 5.)
		2/13/2007, CONTINUED. The President inquired as to whether or not any member of the public wished to address the Board. Continued to March 20, 2007.

		3/20/2007, CONTINUED. Continued to March 27, 2007.


		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.)

30.	070055	[Affirming the categorical exemption issued for 350 Masonic/2130 Golden Gate Avenues]
		Motion affirming the determination by the Planning Department that the 350 Masonic/2130 Golden Gate Avenues project is categorically exempt from environmental review under the California Environmental Quality Act.


		2/13/2007, CONTINUED. Continued to March 20, 2007.

		3/20/2007, CONTINUED. Continued to March 27, 2007.


		Question: Shall this Motion be APPROVED?

31.	070056	[Disapproving the categorical exemption issued for 350 Masonic/2130 Golden Gate Avenues]
		Motion disapproving the determination by the Planning Department that the 350 Masonic/2130 Golden Gate Avenues project is categorically exempt from environmental review under the California Environmental Quality Act.


		2/13/2007, CONTINUED. Continued to March 20, 2007.

		3/20/2007, CONTINUED. Continued to March 27, 2007.


		Question: Shall this Motion be APPROVED?

32.	070057	[Preparation of findings related to the 350 Masonic/2130 Golden Gate Avenues 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 350 Masonic/2130 Golden Gate Avenues is exempt from environmental review under the California Environmental Quality Act.


		2/13/2007, CONTINUED. Continued to March 20, 2007.

		3/20/2007, CONTINUED. Continued to March 27, 2007.


		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 City Operations and Neighborhood Services Committee at a Regular Meeting on Thursday, March 22, 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 27, 2007.

33.	070043	[Liquor License Transfer, 46 Minna Street]
		Resolution determining that the transfer of a Type 48 on-sale general public premises license from 877 Bryant Street to 46 Minna Street (District 6) to Robert Nunez, Martel Tolor, Jacek Ostoya, and Nabiel Musleh for Harolt will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.



		Question: Shall this Resolution be ADOPTED?

		The following item will be considered by the City Operations and Neighborhood Services Committee at a Special Meeting on Tuesday, March 27, 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 27, 2007.

34.	070085	[Plastic Bag Reduction Ordinance]	Supervisors Mirkarimi, Ammiano, McGoldrick, Daly, Sandoval, Peskin, Maxwell
		Ordinance amending the San Francisco Environment Code by adding Chapter 17, sections 1701 through 1709, to: (1) require the use of compostable plastic, recyclable paper and/or reusable checkout bags by stores located in the City and County of San Francisco, and (2) provide penalties for violations.


		2/13/2007, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

35.	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.

36.	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 37 through 46

37.	070373	[Honoring Agnes Cassidy on her 100th birthday.]	Supervisors Dufty, Maxwell
		Resolution honoring Agnes Cassidy on her 100th birthday.


		3/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

38.	070374	[Urging the United States Congress to save the Commodity Supplemental Food Program (CSFP), restore the thousands of Seniors cut from the program last year and to expand the program to	Supervisors Dufty, Daly
		Resolution urging the United States Congress to save the Commodity Supplemental Food Program (CSFP), restore the thousands of Seniors cut from the program last year and to expand the program to meet the increasing need for America's Seniors.


		3/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

39.	070375	[Commending Gloria Young]	Supervisor Peskin
		Resolution commending Gloria Young for her distinguished service as Clerk of the Board of Supervisors, Legislative Administrator and City Clerk of the City and County of San Francisco.


		3/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

40.	070376	[Declaring World Water Day on March 22, 2007.]	Supervisor Mirkarimi
		Resolution declaring March 22, 2007 as World Water Day in the City and County of San Francisco.


		3/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

41.	070377	[Extending review time for landmark tree designation at 733 27th Avenue.]	Supervisor McGoldrick
		Resolution extending the landmark tree designation review period for a holly at 733 27th Avenue (Assessor's Block 1617, Lot 003) for an additional 90 days beyond the 180-day temporary landmark tree designation term in accordance with Public Works Code Section 810(d) and requesting other official acts in connection with this extension.


		3/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

42.	070378	[Urging the Taxi Commission to resolve the outstanding issues of limousines competing unfairly with Taxis for fares in San Francisco's Hospitality Industry.]	Supervisor Ammiano
		Resolution urging the Taxi Commission to resolve the outstanding issues of limousines competing unfairly with taxis for fares in San Francisco's Hospitality Industry.


		3/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

43.	070379	[Requesting the amendment of the Metropolitan Transportation Commission.]	Supervisor Ammiano
		Resolution requesting the amendment of the Metropolitan Transportation Commission Act to provide for the appointee of the Mayor to serve at the pleasure of the Mayor.


		3/20/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

44.	070380	[Celebrating Norooz]	Supervisor Mirkarimi
		Resolution celebrating the Persian New Year of Norooz and proclaiming March 20, 2007, the first day of Norooz.


		3/21/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

45.	070356	[Final Map - 906-910 Union Street and 9 Redfield Alley]
		Motion approving Final Map 3274, a Five Unit Residential Condominium Project, located at 906-910 Union Street and 9 Redfield Alley being a subdivision of Lot 4A in Assessors Block No. 0099 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)


		3/16/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED?

46.	070357	[Final Map - 900 Northpoint Street]
		Motion approving Final Map 3909, a 56 Commercial Unit Condominium Project, located at 900 Northpoint Street being a subdivision of Lot 001 in Assessors Block No. 0452 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 (Public Works Department)


		3/16/2007, 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:_________________________________________

47.	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 13, 2007 through March 19, 2007, for reference by President to appropriate committee on March 27, 2007. None.

	PROPOSED RESOLUTIONS

		Proposed resolutions received from March 13, 2007 through March 19, 2007, for reference by President to appropriate committee on March 27, 2007.

	070358	[Extending to October 1, 2007 the Cooperative Agreement between the Treasure Island Development Authority and the U.S. Navy through which the Authority provides caretaker services at
		Resolution approving and authorizing the Treasure Island Development Authority to enter into a modification to the Cooperative Agreement with the Navy to extend the Cooperative Agreement retroactively from September 30, 2006 to October 1, 2007. (Treasure Island Development Authority)


		3/19/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

	070359	[Approving a Memorandum of Understanding between the Treasure Island Development Authority and the City and County of San Francisco relating to staffing and oversight of the Treasure
		Resolution approving and authorizing the Treasure Island Development Authority to enter into a Memorandum of Understanding appointing the City and County of San Francisco, acting by and through the Office of the City Administrator, as its agent to provide services to carry out the day-to-day operations of the Treasure Island Development Authority and to provide oversight to the Treasure Island Project Office for the term beginning retroactively on July 1, 2006. (Treasure Island Development Authority)


		3/19/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

	070360	[Board of Supervisors Resolution re Refunding Bond and Swaps Authorization]
		Resolution approving the issuance of up to $1,400,000,000 aggregate principal amount of San Francisco International Airport second series revenue refunding bonds for the purpose of refinancing bonds and subordinate bonds of the Airport Commission; Approving the maximum interest rate, notional amount and term of certain interest rate swap transactions in connection with such refunding bonds; Approving Assured Guaranty Corp. and CIFG Assurance North America, Inc. as providers of reserve fund surety bonds and the forms of reimbursement agreement relating thereto; and approving certain related matters. (Airport Commission)


		3/19/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

	070387	[Petitions and Communications]
		Petitions and Communications received from March 13, 2007 through March 19, 2007 for reference by the President to March 27, 2007. From Brock Groth, suggesting to the Board, that instead of changing the type of shopping bags there should be a charge to the consumer for every bag used to encourage shoppers to use fewer bags and the money raised to be used to clean-up the City. File 070085, Copy: Each Supervisor (1) From Office of the Clerk of the Board, submitting From 700 Statement of Economic Interests from: (2) Andrew Murray, Sr. Legislative Analyst Dawn Duran, Assessment Appeals Board Administrator Bree Mawhorter, Legislative Aide to Supervisor Alioto-Pier Debra Newman, Budget Analyst From Mayor's Office of Housing, submitting request for approval for the release of $5,000,000 in HOME funds put on reserve by the Board last year in Resolution 275-06 approving the 2006-2007 HOME Investment Partnership Program. (3) From Minnie Hanover, commenting on the anti-war resolution introduced by Supervisor Daly. File 070305, Copy: Each Supervisor (4) From Luce Forward, Attorneys at Law, regarding Withdrawal of Appeal of Issuance of Categorical Exemption For Addition of an Existing Building at 120 Howard Street. File 070163, Copy: Each Supervisor (5) From concerned citizens, urging the Board to support the CEQA appeal of 869 North Point. File 070155, Copy: Each Supervisor, 4 letters (6) From Little House Commission, requesting the Board to grant a continuance on the CEQA appeal of 869 North Point so that it may be heard by the full Board. File 070155, Copy: Each Supervisor, (7) From Little House Commission, submitting copy of email to Planning Department regarding the CEQA appeal for 869 North Point. File 070155, Copy: Each Supervisor, 2 letters (8) From Department of Public Works, regarding status on removing multiple potholes in various locations in District 5. (Reference 20070206-001) Copy: Supervisor Mirkarimi (9) From Department of Public Works, regarding status on repairing multiple potholes at the intersection of 19th Avenue and Irving. (Reference 20070123-015) Copy: Supervisor Mirkarimi (10) From Department of Public Works, regarding status on repairing multiple potholes in various locations in District 5. (Reference 20070109-008) Copy: Supervisor Mirkarimi (11) From Department of Public Works, regarding status on removing graffiti from news stands at various locations in District 5. (Reference 20070213-006) Copy: Supervisor Mirkarimi (12) From Department of Public Works, regarding status on removing graffiti from light boxes at various locations in District 5. (Reference 20070213-006) Copy: Supervisor Mirkarimii (13) From Municipal Transportation Agency, regarding status on replacing street signage at various locations in District 5. (Reference 20070109-002) Copy: Supervisor Mirkarimi (14) From concerned citizens, urging the Board to approve the Plastic Bag Reduction Ordinance. File 070085, Copy: City Operations & Neighborhood Services Committee Members, Over 300 letters (15) From Robert Page, submitting support for the 6-month trial closure of JFK Drive on Saturdays. File 070269, Copy: Each Supervisor (16) From Christian Holmer, regarding immediate disclosure requests from various departments. 2 letters (17) From SF Fire Department, submitting copy of S.F. Administrative Code Chapters 12B and 14B Waiver Request Form (HRC Form 201) submitted to the Human Rights Commission. (18) From Miller Starr Regalia, regarding the March 19, 2007 consideration of request for General Plan amendment for 1167 Market Street (Trinity Plaza) File 070194, Copy: Land Use Committee Members, 2 letters (19) From Municipal Transportation Agency, regarding status on review of all-way STOP controls at 10th Avenue and Pacheco Street. (Reference 20070213-015) Copy: Supervisor Elsbernd (20) From SF Port, regarding as-needed professional service contracts for Fiscal Year 2006-2007; second quarter report for the period October 1, 2006 through December 31, 2006. (21) From Office of the City Administrator, regarding the Annual Joint Fundraising Drive. File 070226 (22) From Kevin Reed, commenting on the Medical Cannabis Card program in California being in jeopardy. (23) From Senior Action Network, urging the Board to enforce all sidewalk laws and protect pedestrian rights. (24) From Joshua Alexander, submitting support to implement Community Choice Energy in San Francisco. Copy: Each Supervisor (25) From Christine Haines, commenting on the BattleCry convention held in San Francisco. Copy: Each Supervisor (26) From Isalam, Bethesda, Mizpah, regarding the City of San Francisco. (27) From Office of the Clerk of the Board, submitting notice of Mayor Newsom's appointment of Richard Benjamin to the Taxi Commission. (28) From Dr. Ahimsa Porter Sumchai, regarding Showdown Hunters Point Shipyard 2007. 2 letters (29) From Phoebe Williams, submitting copy of letter to SF Housing Authority regarding her daughter's application for public housing. (30) From Hamilton Family Center, submitting Annual Report for the period July 1, 2005 to June 30, 2006 for the Hamilton Family Center. (31) From CA Department of Transportation, submitting notice for public review: State of California, Department of Transportation Application for Assumption of Federal Highway Administration Responsibilities Pursuant to the Surface Transportation Project Delivery Pilot Program, 23 CFR 773, March 2007. (32) From Animal Control and Welfare Commission, submitting to the Board a proposal for the Pet-Friendly Rent Control Waiver Recommendation. (33) From Animal Control and Welfare Commission, urging the Board to allocate funds to the Department of Recreation and Parks to dispose of the African clawed frogs and the treating and disposal of tainted mud that has ruined the lily pond and endangered the park system. (34) From Planning Department, submitting copy of response to email from Little House Commission regarding the CEQA appeal for 869 North Point. File 070155, Copy: Each Supervisor, 2 letters (35) From Dr. Ahimsa Porter Sumchai, commenting on the Florida-based developer Lennar Corporation. Copy: Supervisor Maxwell, 2 letters (36) From Daniel A. Dougan, regarding the inordinate number of Medical Marijuana dispensaries in District 6. (37) From Human Services Agency, submitting notice that the Department of Human Services has requested a waiver from compliance with Chapter 12B of the City's Administrative Code. (38) From Recreation and Parks Department, regarding release of reserve for Golf Fund. (39) From SF War Memorial and Performing Arts Center, regarding the Capital Planning Committee's recommendations for the Veterans Building Seismic and Life Safety Retrofit. Copy: Each Supervisor (40) From Office of the City Administrator, regarding the proposed contract for refuse removal services at City facilities. File 070292, Copy: Budget and Finance Committee Members (41) From Planning Department, regarding status on removing general advertising signs from various locations in District 1. (Reference 20070123-004) Copy: Supervisor McGoldrick (42) From Planning Department, submitting to the Board documentation in response to the Appeal of Categorical Exemption for 869 North Point Street. File 07155, Copy: Each Supervisor, City Attorney (43) From Steven Zeluck, commenting on second-hand smoke at MUNI bus stops in San Francisco. Copy: Each Supervisor (44) From Planning Department, submitting response to Clerk of the Board regarding second past due notice to inquiry from Supervisor McGoldrick regarding removal of advertising signs in District 1. (45) From Department of Public Works, regarding status on removing graffiti from public property at various locations in District 5. (Reference 20070213-002) Copy: Supervisor Mirkarimi (46) From Department of Public Works, regarding status on removing graffiti from mailboxes at the following locations: Southeast corner of Steiner and Geary and Southwest corner of Gough and Grove. (Reference 20070213-007) Copy: Supervisor Mirkarimi (47) From Department of Public Works, regarding status on removing graffiti from the utility pole at the following location: Southeast corner Turk and Scott (Wooden Poles). (Reference 20070213-011) Copy: Supervisor Mirkarimi (48) Department of Public Works, regarding status on removing graffiti from the wall at the playground at Newcomer High School located on 6th Avenue between Irving and Judah and repair of the sidewalk at the back side of Ida B. Wells School, around a tree on Fell Street between Pierce and Steiner. (Reference 20061205-006) Copy: Supervisor Mirkarimi (49) From Department of Public Works, regarding status on removing graffiti from news stands at various locations in District 5. (Reference 20070123-013) Copy: Supervisor Mirkarimi (50) From Department of Public Works, regarding status on removing graffiti from public property located in various locations in District 5. (Reference 20070123-012) Copy: Supervisor Mirkarimi (51) From Office of the Controller/City Services Auditor, submitting report concerning the review of Kezar Parking Lot operated by ABC Parking. (52) From Bernard Schweigert, regarding a possible violation of the stated goals of the San Francisco Department of Environment. (53) From Francisco Da Costa, regarding the East Palo Alto Goin' Smart Youth Summit 2007. (54) From concerned citizen, commenting on the Metro extension to Chinatown from Bayveiw Hunters Point. Copy: Supervisor Peskin (55) From Christian Holmer, regarding immediate disclosure request from various departments. (56) From Lisa A. Harpenau, commenting on an article published in the Examiner newspaper regarding car campers along Great Highway. 2 letters, Copy: Each Supervisor (57) From Harald Frohlich, commenting on the City of San Francisco installing surveillance cameras in public areas. (58) From Ralph Daniels, regarding the impeachment of President Bush and Vice President Dick Cheney. (59) From Medea Isphording Bern, urging the Board to approve the San Francisco Marina Renovation FEIR. File 070152, Copy: Each Supervisor (60) From Joe Butler, AIA, submitting correspondence from the MEA Planner commenting on his professional qualifications. File 070155, Copy: Each Supervisor (61) From Building Inspection Commission/Department of Building Inspection, regarding positions either vacant or filled on an interim basis for the Access Appeals Commission, Board of Examiners, Code Advisory Committee, and the Unreinforced Masonry Board. Copy: Rules Committee Clerk (62) From concerned citizens, urging the Board to support the Clean Construction Ordinance. File 061432, Copy: Each Supervisor, Over 200 letters (63) From concerned citizens, urging the Board to seek a humane method of dealing with the African clawed frogs residing in Golden Gate Park's lily pond. Over 100 letters (64) From Department of Public Works, regarding status on removing graffiti at various locations in District 5. (Reference 20070123-008) Copy: Supervisor Mirkarimi (65) From Dr. Ahimsa Porter Sumchai, regarding employees suing Hunters Point developer for discrimination. Copy: Supervisor Maxwell (66) From Dr. Ahimsa Porter Sumchai, commenting on Arc Ecology. (67) From Dr. Ahimsa Porter Sumchai, regarding complaints filed with the Ethics Commission. (68) From Francisco da Costa, commenting on the state of safety in San Francisco. Copy: Public Safety Committee Members (69) From Chip Sutherland, commenting on the conditions of South Park, located between Second and Third Streets, which prevent families in the neighborhood from using the park. Copy: Supervisor Daly (70) From Department of Public Works, regarding status of removing graffiti from light boxes and phone switch boxes at various locations in District 5. (Reference 20070123-009) Copy: Supervisor Mirkarimi (71) From Department of Public Works, regarding status of removing graffiti from the public property at various locations in District 5. (Reference 20070123-011) Copy: Supervisor Mirkarimi (72) From K. C. Rourke, regarding a possible solution to crowded downtown areas where traffic and parking are a nightmare. Copy: Each Supervisor (73)


		3/19/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

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.

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 8:16:34 AM