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May 22, 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 22, 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 24, 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, Mirkarimi, Elsbernd

1. 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.
5/15/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Ammiano, Dufty, Elsbernd

2. 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.
5/15/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

3. 070454 [Grant to improve care for patients in San Francisco with anxiety disorders] Supervisor Alioto-Pier
Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services (DPH - CBHS) to accept and expend a new 24-month grant in the amount of $377,345, from the Mylan Settlement Fund (State of Connecticut, et al. v. Mylan Laboratories), to provide services for patients with anxiety disorders; for the period of June 1, 2007 through May 31, 2009.
Question: Shall this Resolution be ADOPTED?

4. 070542 [Accept-Expend Gift - Department of Public Works] Supervisor Daly
Resolution authorizing the Department of Public Works (DPW) to accept a gift in the amount of $100,000 from the San Francisco Giants for the services of DPW to install hanging baskets along 3rd Street, plant a ceremonial magnolia tree for Arbor Day on Cesar Chavez Street, assist in the mounting of brackets and banners as it pertains to the All Star Game and provide trees for the Giants Volunteer Day.
Question: Shall this Resolution be ADOPTED?

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

5. 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.
5/15/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

6. 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)
5/15/2007, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

7. 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)
5/15/2007, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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, Dufty, Mirkarimi, Elsbernd

8. 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.
5/15/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

From the Budget and Finance Committee

9. 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.
5/15/2007, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

10. 070217 [Zoning - Interim moratorium on installation of microcell equipment] Supervisors Peskin, Jew, Sandoval, McGoldrick, Maxwell, Daly, Mirkarimi, Ammiano, Dufty, Alioto-Pier, Elsbernd
Urgency Ordinance approving an interim zoning moratorium on installation of microcell equipment for 45 days and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.
3/6/2007, CONTINUED. Continued to April 17, 2007.
4/17/2007, CONTINUED. Continued to May 22, 2007.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

11. 070466 [Public Works Excavation Code] Supervisor Mirkarimi
Ordinance amending Public Works Code Sections 2.4.44 and 2.4.46 to delete the street restoration fee and amending Section 2.4.55 to require restoration of all affected lanes for the entire block when 25% or more of the block's length is excavated to extend to the time required for backfill, replacement of pavement base, and finished pavement associated with street restoration from 72 to 120 hours; and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 070488 [Appropriating $2,345,549 for the Juvenile Hall Youth Guidance Center Replacement Project in the Department of Public Works for Fiscal Year 2006-2007]
Ordinance appropriating $2,345,549, of which $1,077,589 is from Juvenile Hall Youth Guidance Center Replacement Project Certificates of Participation (COPs) interest earned, $847,960 is from the Reserve for Rainy Day - One-time Spending Account, and $420,000 is from a deappropriation of the Youth Guidance Center facilities maintenance project, to fund Juvenile Hall Youth Guidance Center Replacement Project construction costs in the Department of Public Works for Fiscal Year 2006-2007. (Public Works Department)
(Fiscal Impact.)
(Supervisor Daly dissented in Committee on the question of appropriating to CON1GAGFACP 096R1 Reserve for Rainy Day - One time spending of $847,960).

Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 070499 [Public Employment - Department of Human Resources] Supervisor Daly
Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 15 positions (1.20 FTE) at the Department of Human Resources (HRD).
(Fiscal Impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 070582 [Public Employment - Treasurer/Tax Collector] Mayor
Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed change to Treasurer/Tax Collector (TTX) staffing by decreasing total staffing by 1.00 position (.04 FTE).
Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 070421 [Department of Building Inspection Annual Report printing]
Resolution authorizing the Department of Building Inspection, in accordance with Administrative Code Section 1.56, to expend funds to print 50 copies its fiscal year 2005/06 Annual Report and 50 copies of its fiscal year 2006/07 Annual Report. (Building Inspection Department)
(Supervisor Daly dissented in Committee.)

Question: Shall this Resolution be ADOPTED?

16. 070424 [Lease of Real Property at 1212 Market Street]
Resolution authorizing the lease of 14,472 square feet of space at 1212 Market Street (and also commonly known as 11 Grove Street) for the Department of the Environment. (Real Estate Department)
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

17. 070483 [Lease of Real Property at the southwest corner of 13th Street and South Van Ness Avenue]
Resolution authorizing the lease of a parking lot, containing approximately 78,005 square feet, located at the southwest corner of 13th Street and South Van Ness Avenue. (Real Estate Department)
(Supervisors Ammiano and Mirkarimi dissented in committee.)
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

18. 070506 [Lease of Real Property - 1390 Market Street] Supervisor Peskin
Resolution authorizing the exercise of an option to extend an approximate 68,783 square foot lease at 1390 Market Street for use by the City Attorney.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

19. 070545 [Extension of Agreement with Serco Management Services, Inc.] Supervisor McGoldrick
Resolution approving the Fourth Amendment to the agreement between Serco Management Systems, Inc. and the City and County of San Francisco, extending the contract by one year, and raising the not-to-exceed amount of the contract from $50,000,000 to $61,000,000.
(Fiscal Impact.)

Question: Shall this Resolution be ADOPTED?

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

20. 070467 [Prohibiting the Feeding of Wild Birds, Including Red-Masked Parakeets] Supervisors Peskin, Dufty
Ordinance amending section 486 of the Police Code to specify that the feeding of Red-Masked Parakeets is prohibited.
Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 070607 [Waiver of temporary street space occupancy fee on May 5, 2007 for Small Business Week Sidewalk Sale] Supervisor Jew
Ordinance waiving the fee in Public Works Code Section 724.1(b) for temporary street space occupancy in an additional section of the City on Saturday, May 5, 2007 as part of Small Business Week.
Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 070367 [City's ADA Transition Plan and Uniform Physical Access Strategy] Supervisor Alioto-Pier
Resolution adopting the City's ADA Transition Plan and Uniform Physical Access Strategy.
Question: Shall this Resolution be ADOPTED?

23. 070369 [Supporting a study to explore small boat storage in the Marina Yacht Harbor] Supervisor Alioto-Pier
Resolution supporting a study to explore small boat storage in the Marina Yacht Harbor.
Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER

Board of Supervisors Sitting as a Committee of the Whole

Called From the City Operations and Neighborhood Services Committee

24. 070401 [San Francisco's Participation in the "Focusing Our Vision" Program of the Regional Agencies] Supervisor Daly
Hearing to explore San Francisco's Participation in the "Focusing Our Vision" Program of the Regional Agencies--Association of Bay Area Governments, Metropolitan Transportation Commission, Bay Conservation and Development Commission, and Bay Area Air Quality Management District.
5/1/2007, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Daly called this measure from City Operations and Neighborhood Services Commitee.
5/8/2007, CONTINUED. Continued to May 15, 2007.
Action:___________________________

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.

25. 070560 [Public Hearing - Appeal of Final Environmental Impact Report for Market and Octavia Neighborhood Plan]
Hearing of persons interested in or objecting to the Planning Commission's April 5, 2007, certification of a Final Environmental Impact Report identified as Planning File No. 2003.0347E, through its Motion No. 17406, for a proposed Market and Octavia Plan, amendments to the San Francisco Planning Code and Zoning Maps, amendments to the San Francisco General Plan, adoption of Urban Design Guidelines, and amendments to the Western Addition A-2 Redevelopment Plan. The Plan area is generally located to the West of the City's Downtown area and includes portions of Civic Center, Hayes Valley, Western Addition, South of Market, Inner Mission, the Castro, Duboce Triangle, Eureka Valley, and Upper Market Neighborhoods of San Francisco. (Appellants: Martin Hamilton on behalf of New College of California, F. Joseph Butler on behalf of the San Francisco Preservation Consortium and Mary Miles representing the Coalition for Adequate Review.)
(Date Filed: 4/25/07; companion measure to Files 060561, 060562, 060563.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Environmental Impact Report 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.)

26. 070561 [Affirming certification of Market and Octavia Area Plan FEIR]
Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the Market and Octavia Area Plan.
Question: Shall this Motion be APPROVED?

27. 070562 [Disapproving certification of Market and Octavia Area Plan FEIR]
Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for Market and Octavia Area Plan.
Question: Shall this Motion be APPROVED?

28. 070563 [Preparation of findings to disapprove certification of the Market and Octavia Area Plan 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 Market and Octavia Area Plan FEIR.
Question: Shall this Motion be APPROVED?

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following items will be considered by the Rules Committee at its Regular Meeting on Thursday May 17, 2007 at 10:00 a.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, May 22, 2007.

29. 070439 [Appointment - Citizens' General Obligation Bond Oversight Committee]
Resolution appointing Kristin Chu, term ending November 21, 2008, to the Citizens' General Obligation Bond Oversight Committee.
Kristin Chu, succeeding John Hentz, term expired, seat 3, must be active in a community organization, for the unexpired portion of a two-year term ending November 21, 2008.

Question: Shall this Resolution be ADOPTED?

30. 070513 [Urging the California State Legislature to repeal Section 1569.147 of the Health and Safety Code] Supervisor Ammiano
Resolution urging the California State Legislature to repeal Section 1569.147 of the Health and Safety Code to allow local governments to limit the annual rent increase imposed on occupied units of licensed residential care facilities for the elderly.
4/24/2007, REFERRED to Rules Committee. Supervisor Jew requested this item be severed so that it might be considered separately. Supervisor Jew requested that this matter be referred to Committee.
Question: Shall this Resolution be ADOPTED?

31. 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.

32. 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.

CLOSED SESSION

CONFERENCE WITH CITY'S LABOR NEGOTIATORS

33. 070691 [Closed Session - Conference with City's Labor Negotiators] Supervisor Peskin
Motion that the Board of Supervisors convene in closed session with the City's Labor Relations Negotiators and the Director of Human Resources, for the purpose of reviewing the City's positions in pending labor negotiations with organizations representing City employees.

This closed session is permitted by Government Code Section 54957.6, and San Francisco Administrative Code Section 67.8.
Question: Shall this Motion be APPROVED?

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the pending City Labor Negotiations. (Collective Bargaining)

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 34 through 38

34. 070611 [Final Map - 1390 Market Street]
Motion approving Final Map 3859, a One Residential Unit and Four Commercial Unit Mixed-Use Condominium Project, located at 1390 Market Street being a subdivision of Lot 6 in Assessors Block No. 0813 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
5/7/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
5/15/2007, CONTINUED. Supervisor Peskin requested that this item be severed so that it might be considered separately. Continued to May 22, 2007.
Question: Shall this Motion be APPROVED?

35. 070685 [Issuance and sale of tax-exempt bonds - Hamlin School] Supervisor Alioto-Pier
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 $20,000,000 to finance various capital facilities owned by The Hamlin School or an affiliate.
5/15/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 070686 [Evelyn and Walter Haas, Jr. Fund Commendation] Supervisor Peskin
Resolution commending the Evelyn and Walter Haas, Jr. Fund for its extraordinary leadership gift to the Presidio.
5/15/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 070687 [Commending Kate Favetti, Executive Officer, Civil Service Commission] Supervisors Elsbernd, Ammiano, Dufty
Resolution commending Kate Favetti, Executive Officer, Civil Service Commission, upon her retirement after thirty six years of dedicated service.
5/15/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 070688 [Declaring May 23, 2007, James Loyce Jr. Day in San Francisco] Supervisor Ammiano
Resolution in recognition and appreciation of James Loyce Jr. upon his retirement from service to the City & County of San Francisco, and declaring May 23, 2007 James Loyce Jr. day in San Francisco
5/15/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 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.

PROPOSED ORDINANCES
Proposed ordinances received from May 8, 2007 through May 14, 2007 for reference by the President to appropriate committee on May 22, 2007.

070631 [Settlement of Lawsuit - U.S. Airways, Inc.]
Ordinance authorizing the settlement of the bankruptcy claim filed by the City and County of San Francisco, acting by and through its Airport Commission against US Airways, Inc., for the settlement of the unlitigated bankruptcy claim between the Airport and the execution of future Airport leases with US Airways, Inc. with regard to In re: US Airways, Inc. et al., Debtors, Case No. 04-12819 SSM, United States Bankruptcy Court for the District of Virginia; and authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission against US Airways, Inc., for payment to the Airport of environmental clean-up costs and agreement of a percentage allocation for future clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal) (City Attorney)
5/16/2007, RECEIVED AND ASSIGNED to Rules Committee.

070632 [Landmark Tree Designation of New Zealand Christmas Tree at 1221 Stanyan Street]
Ordinance designating the New Zealand Christmas tree in front of 1221 Stanyan Street (Assessor's Block 2664, Lot 008) as a landmark street tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. (Environment)
5/10/2007, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070647 [Settlement of Lawsuit - Teri Rouse]
Ordinance authorizing settlement of the lawsuit filed by Teri Rouse against the City and County of San Francisco for $30,000; the lawsuit was filed on November 10, 2005 in San Francisco Superior Court, Case No. 446-497; entitled Teri Rouse, et al., v. City and County of San Francisco, et al. (City Attorney)
5/9/2007, RECEIVED AND ASSIGNED to Rules Committee.

070657 [Repealing expired and superceded provision establishing Heavy Truck Loading Zones]
Ordinance amending the San Francisco Traffic Code by repealing expired Section 33.3.1 establishing heavy truck loading zones, and making a conforming change to Section 132 to eliminate the penalty for violating Section 33.3.1. (Municipal Transportation Agency)
5/9/2007, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

070658 [Eliminating obsolete peddler permitting program that expired in 1989]
Ordinance amending the San Francisco Traffic Code by amending Section 68 to remove obsolete references to Traffic Zone No. 1 and an expired permitting program for peddlers. (Municipal Transportation Agency)
5/9/2007, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

070659 [Establishing restrictions on trucks and buses on portions of Broderick, Ellis, and Eddy Streets and St. Joseph's Avenue]
Ordinance amending the San Francisco Police Code by adding Sections 1183.37 through 1183.40 and amending the San Francisco Traffic Code by adding Sections 28.1.171 through 28.1.174 to establish bus and vehicle weight restrictions on portions of Broderick Street, St. Joseph's Avenue, Eddy Street and Ellis Street. (Municipal Transportation Agency)
5/9/2007, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from May 8, 2007 through May 14, 2007 for reference by the President to appropriate committee on May 22, 2007.

070655 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

RIGHT TURN ONLY ONTO CARTER STREET - ESTABLISH
Walbridge Street, eastbound onto Carter Street

NO TURN ON RED - RESCIND
Geneva Avenue, eastbound, at Carter Avenue and Walbridge Street

ONE-WAY STREET - ESTABLISH
Florentine Street, southbound (uphill), from Mission Street to Brunswick Street

LEFT LANE MUST TURN LEFT - ESTABLISH
Buchanan Street, northbound, at Hermann Street (Parking and Traffic Department)
(5/3/07 - Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street. DPW Order No. 3356)

5/9/2007, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

070656 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Market Street, north side, from 64 feet to 143 feet west of Castro Street (a 79-foot zone);
Mason Street, west side, from Jefferson Street to 40 feet southerly (removes two parking meter spaces to accommodate buses turning left onto Mason Street); and,
Geneva Avenue, south side, from Carter Street to 100 feet westerly.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Minnesota Street side of 1415 Indiana Street, from 2 feet to 9 feet north of the Minnesota Street driveway for 1415 Indiana Street (accommodating two unmetered motorcycle parking spaces).

RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Beachmont Drive, both sides, between Sloat Boulevard and Lagunitas Drive (unit block).

RESIDENTIAL PERMIT PARKING AREA "R" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Grove Street, both sides, between Buchanan and Webster Streets (700 block).

DIAGONAL (60-DEGREE ANGLE) PARKING - ESTABLISH
Stanyan Street,east side, from Fulton Street to McAllister Street (legalizing existing conditions) (Parking and Traffic Department)
(5/3/07 - Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street. DPW Order No. 3356)

5/9/2007, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

PROPOSED MOTIONS
None

070693 [Petition and Communications]
Petitions and Communications received from May 8, 2007 through May 14, 2007 for reference by the President to May 22, 2007.

From Department of Public Works, submitting certification of completion of the design phase for the Hamilton Pool and Recreation Center pursuant to Ordinance Nos. 79-06 and 45-07. File 070135(1)

From San Francisco International Airport, regarding overtime justification pursuant to Administrative Code Section 18.13-1.(2)

From Office of the Controller/City Services Auditor, submitting report concerning review of the consulting firm of Paul Pitt and its compliance with the City and County of San Francisco ordinance prohibiting the use of City funds for political activity.(3)

From Office of the Treasurer, submitting portfolio statistics from July 1, 2006 to April 30, 2007.(4)

From Francisco Da Costa, commenting on Han Hing Herb Company.(5)

From Francisco Da Costa, commenting on the war in Iraq.(6)

From Francisco Da Costa, commenting on issues concerning MUNI's T-Third light rail service.(7)

From Francisco Da Costa, submitting copy of letter to MUNI regarding the T-Third light rail service.(8)

From Dr. Ahimsa Porter Sumchai, regarding Lennar Corporation.(9)

From James C. Gebbie, commenting on the problem with graffiti and urging the Board to place a ban on selling spray paint products.(10)

From Mike Prevot, commenting that there should be a mandate enforcing that all cars sold in San Francisco in 7 years are to be hybrids.(11)

From Martin T. Lyon, commenting on various issues regarding City street lamps.(12)

From James Miller, commenting on various City issues.(13)

From Troy D. Nickol, commenting on MUNI's T-Third light rail service.(14)

From Malika Crosby, regarding Antwanisha Geneva Pamela Morgan (deceased).(15)

From concerned citizens, submitting support for the implementation of Community Choice energy in San Francisco, File 070501, 25 letters(16)

From concerned citizens, commenting on the proposed ban on feeding wild birds, including Red-Masked Parakeets. File 070467, Copy: City Operations & Neighborhood Services Committee Members, 2 letters(17)

From Human Services Agency, regarding status on the number of individuals on waiting lists for substance abuse and mental health and housing and transportation and the average wait list length of time for each service. (Reference 20070410-003) Copy: Supervisor Daly(18)

From concerned citizens, urging the Board to take action and readdress items in the Medical Cannabis Dispensary legislation and support the non-binding resolution for compassionate care for low-income patients.(19)

From concerned citizens, submitting support for the proposed Wi-Fi agreement with Google and Earthlink. File 070077, Copy: Each Supervisor, 4 letters(20)

From Public Utilities Commission, regarding status on removing graffiti at various locations in District 5. (Reference 20070417-013) Copy: Supervisor Mirkarimi(21)

From concerned citizens, regarding a Sunshine Ordinance Task Force complaint. Copy: Land Use & Economic Development, 4 letters(22)

From Mekoots Yasim, commenting on San Francisco being a sanctuary City.(23)

From Dirk Schmidt, submitting opposition to the proposed stop of the Olympic torch in San Francisco.(24)

From Public Utilities Commission, regarding status on removing graffiti at various locations in District 5. (Reference 20070501-001) Copy: Supervisor Mirkarimi(25)

From Grace Koch, urging the Board to oppose tiered-rate structure on water rates. File 070604, Copy: Each Supervisor(26)

From David Grace, urging the Board to support the Clean Construction Ordinance.(27)

From Paul Degenkolb, commenting on protests, rallies and other events that have taken place on the streets of the City.(28)

From Kimo Crossman, commenting on public records being destroyed by the Mayor's office.(29)

From San Francisco Public Library Commission, regarding a ballot measure.(30)

From Triant Varellas, submitting copy of an article regarding the history of the Hetch Hetchy Reservoir.(31)

From Secretary of State, submitting copy of letter to Election Systems & Software regarding recertification of the Elections Systems & Software voting system.(32)

From Kimo Crossman, commenting on a report regarding information technology users.(33)

From Maya Rosberg, commenting on a recent experience with the Department of Mental Health. (34)

From Robert Handy, commenting on high-speed rail.(35)

From concerned citizens, urging the Board to find a humane method of dealing with the African clawed frogs residing in Golden Gate Park's lily pond. 80 letters(36)

From concerned citizens, submitting support for the Plastic Bag Reduction Ordinance. File 070085, Over 350 letters(37)

From Mayor Gavin Newsom, regarding an ordinance approving $28.05 million in supplemental spending at the end of the current fiscal year.(38)

From Office of the Controller/City Services Auditor, submitting report concerning the first annual review of the agreement between TEGSCO, LLC dba San Francisco AutoReturn and the City and County of San Francisco.(39)

From Office of the Controller/City Services Auditor, submitting report concerning the review of Crystal Springs Golf Course.(40)

From Office of the Controller/City Services Auditor, submitting report concerning the review of Asian Women's Shelter and its compliance with the City and County of San Francisco ordinance prohibiting the use of City funds for political activity.(41)

From Haight Ashbury Improvement Association, urging the Board to support District Attorney Kamala Harris' recent request for additional funding for her department. 6 letters(42)

From concerned citizens, commenting on various issues with the Police Commission. 2 letters(43)

From concerned citizen, commenting on various issues with the San Francisco Housing Authority.(44)

From Kimo Crossman, commenting on the proposed Wi-Fi agreement with Google/Earthlink scheduled to be heard in the Budget & Finance Committee meeting on Monday, May 14, 2007. Copy: Budget & Finance Committee Members(45)

From Louie Garibaldi, commenting on various moral issues.(46)

From San Francisco Beautiful, submitting support for the purchase of 4-8 Guy Place for open space.(47)

From Lisa Nosal, urging the Board to support District Attorney Kamala Harris' recent request for additional funding for her department. (48)

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.

Chinese

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 8:16:28 AM