Board of Supervisors : May 15, 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, May 15, 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

Kay Gulbengay, Interim Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

	APPROVAL OF MEETING MINUTES
		Motion to approve Board Meeting Minutes for April 17, 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 7

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

1.	070458	[Appropriating $35,000,000 of San Francisco Taxable General Obligation Bonds for the Seismic Safety Loan Program in the Mayor's Office of Housing for Fiscal Year 2006-2007]	Supervisor Dufty
		Ordinance appropriating $35,000,000 of City and County of San Francisco Taxable General Obligation Bonds (Seismic Safety Loan Program, 1992), Series 2007A, for the Seismic Safety Loan Program in the Mayor's Office of Housing for Fiscal Year 2006-2007.


		5/8/2007, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

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

2.	070325	[Authorizing the collection and use of an additional penalty assessment on criminal fines, penalties, and forfeitures to support emergency medical services]	Supervisor Daly
		Ordinance amending the San Francisco Administrative Code by adding Section 8.42 and amending Section 10.100-195, to authorize the collection and use of an additional penalty assessment on criminal fines, penalties, and forfeitures to support emergency medical services pursuant to SB 1773, and setting an expiration date. (Public Health Department)


		5/8/2007, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

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

3.	070482	[Settlement of Lawsuit - Carl Montgomery]
		Ordinance authorizing settlement of the lawsuit filed by Carl Montgomery against the City and County of San Francisco for $30,000; the lawsuit was filed on August 24, 2004 in San Francisco Superior Court, Case No. 434-032; entitled Carl Montgomery, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

4.	070509	[Settlement of Government Claim - San Francisco Forty Niners, Ltd.]
		Ordinance authorizing settlement of the government claim filed by the San Francisco Forty Niners, Ltd., against the City and County of San Francisco, on January 29, 2007, including the execution and delivery of a related rent credit agreement. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

5.	070485	[Appointment - Pedestrian Safety Advisory Committee]
		Resolution appointing Catherine Liddell and William Riggs, terms ending March 28, 2008, and Pi Ra, term ending March 28, 2009, to the Pedestrian Safety Advisory Committee.

		Catherine Liddell, succeeding Cheryl Brinkman, term expired, seat 1, must be a representative from pedestrian safety organizations, for the unexpired portion of a two-year term ending March 28, 2008. Pi Ra, succeeding Anna Zacher, term expired, seat 2, must be a representative from pedestrian safety organizations, for the unexpired portion of a two-year term ending March 28, 2009. William Riggs, succeeding Brian Canevari, resigned, seat 11, must represent the public at-large, for the unexpired portion of a two-year term ending March 28, 2008.

		Question: Shall this Resolution be ADOPTED?

6.	070567	[Appointment - Commission of Animal Control and Welfare]
		Resolution appointing Philip Gerrie, Dr. Pam Hemphill, Sally Stephens, and Andrea Brooks, terms ending April 30, 2009, to the Commission of Animal Control and Welfare.

		Philip Gerrie, succeeding Gerald Yeager, term expired, seat 3, must be a member representing the general public having interest and experience in animal matters, for the unexpired portion of a two-year term ending April 30, 2009. Dr. Pam Hemphill, succeeding William Hamilton, term expired, seat 4, must be a member representing the general public having interest and experience in animal matters, for the unexpired portion of a two-year term ending April 30, 2009. Sally Stephens, succeeding Sherri Franklin, term expired, seat 5, must be a member representing the general public having interest and experience in animal matters, for the unexpired portion of a two-year term ending April 30, 2009. Andrea Brooks, succeeding Richard Schulke, term expired, seat 6, must be a member representing the general public having interest and experience in animal matters, for the unexpired portion of a two-year term ending April 30, 2009.

		Question: Shall this Resolution be ADOPTED?

7.	070568	[Appointment - Children and Families First Commission]
		Resolution appointing Nancy Lim-Yee, Suzanne Giraudo, and Dr. Shannon Thyne, terms ending April 29, 2011, to the Children and Families First Commission; residency requirement waived.



		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

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

8.	070451	[Public Employment - Department of Economic and Workforce Development]	Mayor
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance 2006-2007) to reflect the creation of one (1) new position in the Department of Economic and Workforce Development.

		(Supervisor Elsbernd dissented in committee.)
		5/8/2007, 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, Elsbernd

9.	070456	[Public Employment and Accept-Expend Grant - HIV/AIDS Statistics and Epidemiology]	Supervisors Dufty, Ammiano
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 1 positions (.125 FTE) in the Department of Public Health (DPH) - AIDS Office, and authorizing DPH to retroactively accept and expend a grant in the amount of $373,619 from the Department of Health and Human Services, National Institutes of Health and to approve three contracts with the following agencies: ISIS Inc., The University of Pittsburgh, and PHFE Management Solutions for the period of January 1, 2007 through December 31, 2007.



		Question: Shall this Ordinance be PASSED ON FIRST READING?


10.	070346	[Use of Rincon Hill In Lieu Fees]	Supervisor Daly
		Resolution approving a plan submitted by the Mayor's Office of Housing for the use of in lieu fee payments imposed on residential development in the Rincon Hill Area and approving the expenditure of those funds pursuant to Section 827(b)(5)(E) of the Planning Code.

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

11.	070385	[Approval of an historical property contract for 1080 Haight Street ("John C. Spencer House")]	Supervisor Peskin
		Resolution under Chapter 71 of the San Francisco Administrative Code, approving an historical property contract between Fellmore Management LLC, the owner of 1080 Haight Street ("John C. Spencer House"), and the City and County of San Francisco; authorizing the Director of Planning and the Assessor to execute the historical property contract.



		Question: Shall this Resolution be ADOPTED?

12.	070393	[Sale of Vacant Real Property Located at 849 Cesar Chavez Street, San Francisco, California (Lot 5 in Assessor's Block 4357]
		Resolution authorizing the sale of vacant land, located at 849 Cesar Chavez Street, under the jurisdiction of the San Francisco Public Utilities Commission to Gaehwiler; adopting findings that the conveyance is in conformity with the City's General Plan and is consistent with the Eight Priority Policies of City Planning Code Section 101.1; adopting findings pursuant to the California Environmental Quality Act; ratifying acts and authorizing actions in furtherance of this resolution; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department)



		Question: Shall this Resolution be ADOPTED?

13.	070503	[Issuance and Sale of Tax-Exempt Bonds - Pacific Institute]	Supervisor Mirkarimi
		Resolution approving the issuance and sale of tax-exempt bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $32,000,000 to finance the acquisition and construction of improvements to and equipping of senior residential care facilities owned by Pacific Institute or an affiliate.



		Question: Shall this Resolution be ADOPTED?

14.	070543	[Multifamily Housing Revenue Bonds - 275 10th Street Supportive Housing]	Supervisor Daly
		Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the "Director") to submit an application and related documents to the California Debt Limit Allocations Committee ("CDLAC") to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $25,000,000 for 275 10th Street Supportive Housing; authorizing and directing the Director to direct the Controller's Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $25,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein).



		Question: Shall this Resolution be ADOPTED?

		Present: Supervisors Daly, Dufty, Mirkarimi, Elsbernd

15.	070455	[Public Employment and Accept-Expend Grant - Improving Primary Care]	Supervisor Dufty
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 4 positions (.72) FTE, in the Department of Public Health (DPH) - Primary Care, and authorizing DPH to retroactively accept and expend a grant in the amount of $241,225 from the California HealthCare Foundation for the period of March 15, 2007 through December 14, 2007.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

		Present: Supervisors Daly, Ammiano, Dufty, Elsbernd

16.	070457	[Public Employment and Accept-Expend Grant - DPH to Expand Oral Health Services]	Supervisor Dufty
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 6 positions (1.05 FTEs) in the Department of Public Health - Tom Waddell Health Center (DPH - TWHC), and authorizing DPH to retroactively accept and expend a grant in the amount of $1,841,000 from Tenderloin Health to participate in a project to expand oral health services for homeless individuals infected with HIV disease in San Francisco's Tenderloin district, for the period of April 1, 2007 through December 31, 2011.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

		Present: Supervisors Daly, Ammiano, Dufty, Mirkarimi

17.	070394	[Agreement to Purchase 4-8 Guy Place]
		Resolution approving and authorizing an agreement for the purchase of real property located on 4-8 Guy Place (Lot 005, Block 3749), for public open space for a purchase price of $1,800,000; adopting findings that the conveyance is exempt from Environmental Review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department)

		(Fiscal Impact.)

		Question: Shall this Resolution be ADOPTED?

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

18.	070544	[Endorsing a Conceptual Framework for the Redevelopment of Candlestick Point and the Hunters Point Shipyard, and Authorizing Environmental Review and Planning]	Supervisor Maxwell
		Resolution endorsing a Conceptual Framework for the creation of a mixed-use development on Candlestick Point and Hunters Point Shipyard that includes the possibility of a new state-of-the art stadium for the San Francisco 49ers and that will provide parks and open space, jobs, affordable housing and other tangible economic and public benefits for the Bayview Hunters Point community as soon as possible; making a determination that the proposed mixed-use redevelopment project as described in the Conceptual Framework is feasible for purposes of commencing environmental review; and urging City staff and the Redevelopment Agency to proceed with environmental review and planning work, including significant community review and input, in conjunction with the Lennar Corporation, for the proposed redevelopment project.



		Question: Shall this Resolution be ADOPTED?

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

19.	070082	[Pedestrian Safety Advisory Committee - Membership]	Supervisor Jew
		Ordinance amending the San Francisco Administrative Code by amending Article IV, Sections 5.20 to reconstitute the membership of the Pedestrian Safety Advisory Board and making clerical, corrective changes.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

20.	061700	[Establishing the Peak Oil Awareness Task Force]	Supervisor Mirkarimi
		Resolution establishing the Peak Oil Preparedness Task Force in order to coordinate the assessment of the City of San Francisco's vulnerability to energy price shocks and to determine appropriate measures to mitigate municipal vulnerability, and to draft a comprehensive response plan for recommendation to the Board of Supervisors.



		Question: Shall this Resolution be ADOPTED?

	CALLED FROM THE BUDGET & FINANCE COMMITTEE
		(Pending Approval of File No. 070620)

21.	070526	[Public Employment - Administrative Services (ADM)]	Mayor
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed change to Administrative Services (ADM) staffing by decreasing total staffing by 1.00 FTE. (Mayor)


		5/8/2007, CALLED FROM COMMITTEE. Pursuant to Rule 5.32, Supervisor Dufty called this measure from the Budget and Finance Committee.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

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

	COMMITTEE REPORTS


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

		The following items will be considered by the Budget and Finance Committee at a Special Meeting on Wednesday May 14, 2007 at 2:00 p.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, May 15, 2007.

22.	070538	[Public Employment - Human Services Agency]	Supervisor Daly
		Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed changes to the Human Services Agency (DSS) and the Department of Public Healh (DPH) staffing by increasing total staffing by 9.00 positions (0.36 FTE).

		(Fiscal Impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

23.	070540	[Appropriating $19,719,628, for Children, Senior and Disabled Programs for 2006-2007; Amending File Number 070407 to Deappropriate $15,830,000 General Fund and Appropriate $15,830,000	Supervisor Daly
		Ordinance appropriating total sources of $19,719,628, including $17,646,834 of Unappropriated General Fund Balance, $1,930,000 of Unappropriated Children's Fund Balance, $125,000 of Food Stamps Employment and Training Funds and $17,794 of SB 90 State Mandated Costs Fund; and appropriating total uses of $19,719,628, including $6,240,000 to the Department of Children, Youth and Their Families, $7,280,628 to the Human Services Agency, $705,000 to the Department of Public Health, $350,000 to the Mayor's Office of Disability, $1,900,000 to the Mayor's Office of Community Development, $1,244,000 to the Mayor's Office of Housing and $2,000,000 to the Department of Recreation and Park for various programs for Children, Youth, Families, Seniors and People with Disabilities for Fiscal Year 2006-2007, and Amending Ordinance _______, File Number 070407, to Deappropriate $15,830,000 of General Fund Balance and Appropriate $15,830,000 of Rainy Day Reserve--Capital and One-Time Spending. All funds appropriated below, excluding salaries and mandatory fringe benefits, are placed on reserve pending release by the Budget and Finance Committee.

		(Fiscal Impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

24.	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.

25.	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 26 through 39

26.	070620	[Calling File No. 070526 from the Budget and Finance Committee]	Supervisor Dufty
		Motion to call File No. #070526 - (Ordinance amending Ordinance No. 203-06, Annual Salary Ordinance FY 2006-2007, to reflect the proposed changes to Administrative Services staffing by decreasing total staffing by 1.00 FTE) - from the Budget and Finance Committee to be heard by the Full Board of Supervisors on May 15th, 2007 .


		5/8/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Motion be APPROVED?

27.	070634	[Zoning-Extension of Planning Commission review period]	Supervisor McGoldrick
		Resolution extending by an additional 90 days the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend Planning Code Sections 315.3 and 315.6 of the Residential Inclusionary Affordable Housing Program to extend the requirements of the Program from all housing projects of five (5) units or more to all housing projects of two (2) units or more.


		5/8/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

28.	070635	[Commending Scott Shaw]	Supervisor Peskin
		Resolution commending Scott Shaw for 30 years of dedicated service in the Department of Public Works in the City and County of San Francisco.


		5/8/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

29.	070636	[Commending Richard Schulke]	Supervisor Peskin
		Resolution commending Richard Schulke for his advocacy, leadership, and persistent efforts to improve the welfare of animals in the City and County of San Francisco.


		5/8/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

30.	070637	[Public Works Week - May 20 through May 26, 2007]	Supervisor Peskin
		Resolution proclaiming May 20 through 26, 2007 as Public Works Week in San Francisco.


		5/8/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

31.	070638	[Commending Sherri Franklin]	Supervisor Peskin
		Resolution commending Sherri Franklin for her inspiring leadership and devotion to improving the welfare of animals in the City and County of San Francisco.


		5/8/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

32.	070639	[School Patrol Day - May 17, 2007]	Supervisor Peskin
		Resolution proclaiming May 17, 2007 as AAA School Safety Patrol Day in San Francisco.


		5/8/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

33.

070640

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