Board of Supervisors : March 21, 2006

Board of Supervisors

City and County of San Francisco

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

AGENDA
Tuesday, March 21, 2006
2:00 PM

Regular Meeting

AARON PESKIN, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY,
BEVAN DUFTY, SEAN ELSBERND, FIONA MA, SOPHIE MAXWELL,
JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

Note: Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget Analyst report
3) Legislative Analyst report
4) Department or Agency cover letter and/or report
5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk.

CONSENT AGENDA

All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.

Items 1 through 12

Recommendations of the Budget and Finance Committee

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

1. 050298 [Repealing Ordinance Number 72-04 Conditionally Designating 690 Market as a Landmark] Supervisor Peskin

Ordinance Repealing Ordinance Number 72-04 Conditionally Designating 690 Market, the Chronicle Building, As Landmark No. 243 under Article 10 of the Planning Code.

3/14/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

2. 060081 [Minor Sidewalk Encroachments - Partial repeal of public right-of-way occupancy assessment fee] Supervisors Alioto-Pier, Dufty, Maxwell

Ordinance amending Public Works Code Section 723.2 to repeal the public right-of-way occupancy assessment fee for specified minor sidewalk encroachments and to delineate those specified minor sidewalk encroachments for which the fee shall apply; and making repeal of the fee for specified encroachments set forth herein retroactive to August 29, 2005.

3/14/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

3. 060216 [To appropriate funding for San Francisco General Hospital operations and capital projects, Laguna Honda Hospital operations and Department of Public Health operations] Supervisors Daly, Mirkarimi

Ordinance appropriating $14,366,156 to the Department of Public Health, including $7,777,353 in surplus health revenues from San Francisco General Hospital (SFGH), de-appropriating $740,000 in General Fund dollars from the SFGH Chiller and Generator capital project, $1,800,000 in transfer from PUC Mayor's Economic Conservation Account (MECA) Fund and $4,048,803 in Laguna Honda Hospital Medical In-Patient Revenue; and appropriating the $7,777,353 in surplus health revenues for SFGH salaries, non-personnel services, and capital improvements to the SFGH Service Building, and re-appropriating $740,000 to the Service Building Seismic Retrofit capital project, $1,800,000 for the SFGH Chiller/Generator project and appropriating $3,998,803 for salaries, and non-personnel at Laguna Honda Hospital and $50,000 in salaries at Department of Public Health.

(Fiscal impact.)

3/14/2006, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

4. 060254 [Public Employment - Department of Public Health] Mayor

Ordinance amending Ordinance No. 2004-05 (Annual Salary Ordinance No. 204-05 (Annual Salary Ordinance 2005/2006) to reflect the creation of one position in the Department of Public Health.

3/14/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors Dufty, Ma

5. 060046 [Liquor License - 1141 Polk Street]

Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Raimondo Morrone for Space Gallery located at 1141 Polk Street, 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?

6. 060057 [Liquor License, 1168 Folsom Street]

Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Craig Wathen, for City Beer Store located at 1168 Folsom Street, 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?

7. 060186 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ), for Police Department computing environment and network infrastructure] Supervisor Ma

Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $986,643 from the U.S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS Office) for the purpose of renovating the Police Department computing environment and network infrastructure for the new Records Management System (RMS) application. The new system will provide a more efficient work environment, more accurate information and enhanced safety for both the public and officers.

Question: Shall this Resolution be ADOPTED?

8. 060187 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ), for Violence Prevention Plan] Supervisor Ma

Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $248,170 from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) through a subcontract with the University of California-San Francisco (UCSF) for the purpose of developing a city-wide Violence Prevention Plan.

Question: Shall this Resolution be ADOPTED?

9. 060228 [Grant to develop clinical guidelines for HIV positive transgender persons] Supervisors Dufty, Ammiano

Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept retroactively and expend a new federal grant in the amount of $110,343 from the Health Resources and Services Administration (HRSA) to develop clinical guidelines for HIV positive transgender persons, and to enter into an agreement for the use of these funds; for the period of September 30, 2005, to September 29, 2006.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

10. 060151 [Implementation of Proposition H, which prohibits the sale, manufacture or distribution of firearms and limits possession of handguns within CCSF, by placement in the Police Code and by Mayor

Ordinance implementing Proposition H, which was enacted by the voters on November 8, 2005, and which prohibits the sale, distribution, transfer, and manufacture of firearms and ammunition and limits possession of handguns within the City and County of San Francisco, by placing the text of Proposition H in the Police Code and by enacting penalties for its violation.

3/14/2006, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

11. 060164 [Settlement of Lawsuit - CCSF v. ARCO et al.]

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Airport Group International (AGI) for the payment to the Airport of environmental 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)

3/14/2006, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

12. 060245 [Settlement of Lawsuit - Tutor Saliba Corporation, et al.]

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, and City Attorney Dennis J. Herrera on behalf of the People of the State of California, against Ronald N. Tutor, Tutor-Saliba Corporation, Tutor-Saliba-Perini & Buckley, J.V., Perini Corporation, Buckley & Company, Inc., American Home Insurance Company, Fidelity and Deposit Company of Maryland, Swiss Reinsurance America Corporation and Aetna Casualty and Surety Company, filed on November 1, 2002 in the United States District Court, Northern District of California, Case No. 02-5286 CW (EMC), entitled City and County of San Francisco, et al., v. Tutor-Saliba Corporation, et al.; and the lawsuit filed by Tutor-Saliba Corporation against Dennis J. Herrera, Tutor-Saliba Corporation v. Herrera; filed on February 19, 2004 in San Francisco Superior Court, Case No. Civ. 434144, California Court of Appeal Case No. A0 108712, for payment by the Tutor Defendants of $19,000,000 to the City and County of San Francisco. Other material terms of said settlement are: (1) payments to be made by Tutor-Saliba Corporation or Tutor-Saliba Perini & Buckley, J.V. to the City and County of San Francisco as follows: $8,000,000 to be paid by June 30, 2006, $3,000,000 to be paid by June 30, 2007, $3,000,000 to be paid by June 30, 2008, and $5,000,000 to be paid by June 30, 2009. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Vetoed by the Mayor

Consideration of Mayor's Veto
Consideration to override veto pursuant to Charter Section 2.106 of Ordinance changing parking requirements in San Francisco's downtown (C-3) district.

13. 051453 [Off-Street Parking In C-3 Zoning Districts] Supervisors Peskin, Daly

Ordinance amending the San Francisco Planning Code by amending Sections 151, 151.1, 154, 155, 155.5, 161,166, and 167 to impose new requirements in C-3 Zoning Districts regarding permitted off-street parking and loading, allowed off-street freight loading and service vehicle spaces, bicycle parking, car sharing, to separate parking costs from housing costs, to exempt from the legislation projects that received final Planning Department or Planning Commission approval and submitted complete site permit applications prior to the effective date of the legislation, to require the Planning Department to undertake a study of downtown parking issues, and adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override.
The Board of Supervisors must act on the veto override within 30 days of the date of the veto. The Mayor vetoed the Ordinance on March 10, 2006. Therefore, the Board will loose the ability to override the veto unless it votes on the veto override on or before April 10, 2006.

2/7/2006, PASSED ON FIRST READING.

2/14/2006, AMENDED. Amended by changing the effective date of the legislation to June 1, 2006.

2/14/2006, PASSED ON FIRST READING AS AMENDED.

2/28/2006, FINALLY PASSED.

Action:___________________________

Recommendation of the Budget and Finance Committee

Present: Supervisors Daly, Peskin

14. 060076 [To appropriate $5,216,754 to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for DPW for Fiscal Year 2005-06] Mayor

Ordinance appropriating $5,216,754 of Fiscal Year 2005-2006 State Traffic Congestion Relief Funds to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for the Department of Public Works for Fiscal Year 2005-2006.

(Fiscal impact.)

2/28/2006, PASSED ON FIRST READING.

3/7/2006, CONTINUED. Continued to March 21, 2006

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee

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

15. 060226 [To appropriate $6,565,452 to fund the Juvenile Hall Youth Guidance Center Project construction, and to appropriate $1,900,000 for Fire Station No. 24 for the Department of Public Works Mayor

Ordinance appropriating $6,565,452, including the de-appropriation of $1,900,000 from the Earthquake Safety Improvement Bonds Phase 1 proceeds, $2,591,458 from the Juvenile Hall Replacement Project COP Reserve/Surety Bond Funds, $1,503,000 from General Fund Capital Program Projects, $453,000 from workers' compensation savings, and $117,994 from Juvenile Hall California Youth Authority General Fund operational savings, to fund the City and County of San Francisco Juvenile Hall Youth Guidance Center Project construction. Additionally, appropriating $1,900,000 of Fire Bond proceeds to fund construction expenses for Fire Station No. 24 for the Department of Public Works for Fiscal Year 2005-2006.

(Fiscal impact.)
(Supervisors Daly and Peskin dissenting in committee.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 060208 [Authorize payment of performance fees and for final closeout of the Water Infrastructure Partners contract for an amount not to exceed $487,726]

Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to pay performance fees for Contract Year No. 4 for final closeout of the Agreement with the Water Infrastructure Partners for an amount not to exceed $487,726. (Public Utilities Commission)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Mirkarimi, Elsbernd, Ammiano

17. 051962 [Membership in the Asthma Task Force] Supervisor Maxwell

Ordinance amending Sections 19A.20 and 19A.23 of the San Francisco Administrative Code to reduce the number of voting members in the Asthma Task Force from 20 to 15 members, modify the list of non-voting members from City agencies, and extend the Task Force expiration date to June 30, 2008.

Question: Shall this Ordinance be PASSED ON FIRST READING?

SPECIAL ORDER 3:00 P.M.

18. 060136 [Public Hearing]

Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the Board)

Action:___________________________

19. 060137 [Report of assessment costs for sidewalk and curb repairs]

Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund.

(DPW Order No. 175,878; Locations: 220 Jones Street and 1101 Persia Avenue.)

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

(Pending approval of File 060359.)

20. 060348 [Hearing - Emergency ordinance reenacting a Disadvantaged Business Enterprise Program]

Hearing to consider the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency. (Clerk of the Board)

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

21. 060349 [Reenacting a Disadvantaged Business Enterprise Program] Supervisor Ma

Emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.

Question: Shall this Ordinance be FINALLY PASSED?

COMMITTEE REPORTS

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

The following item will be considered by the Rules Committee at a Regular Meeting on Thursday, March 16, 2006 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 21, 2006.

22. 060316 [Accept-Expend Federal and State Grants for Voting Equipment] Supervisor Mirkarimi

Resolution approving the application for funds under the federal Help America Vote Act of 2002 ("HAVA"), Section 301, and Proposition 41 authorizing the San Francisco Department of Elections to accept and expend grants in an amount not to exceed $3.5 million from the California Secretary of State for utilization of Elections Systems & Software's ("ES&S") AutoMARK in the June 6, 2006 election.

Question: Shall this Resolution be ADOPTED?

23. 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.

24. 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 25 through 33

25. 060359 [Emergency Disadvantaged Business Enterprise Program - March 21, 2006, Committee of the Whole] Supervisor Ma

Motion for the Board of Supervisors to convene as a committee of the whole on March 21, 2006, at 4:00 p.m. to accept public testimony concerning the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

26. 060340 [Urging Governor Schwarzenegger to submit amicus brief to New York Supreme Court of Appeals in support of the right of same-sex civil marriage] Supervisor Ammiano

Resolution urging Governor Schwarzenegger to submit an amicus brief to the New York Court of Appeals in support of the right of same-sex civil marriage.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 060356 [Urging Cardinal Levada to withdraw his directive to Catholic Charities forbidding the placement of children in need of adoption with same-sex couples] Supervisors Ammiano, Dufty, Alioto-Pier, Mirkarimi

Resolution urging Cardinal William Levada, in his capacity as head of the Congregation for the Doctrine of the Faith at the Vatican, to withdraw his discriminatory and defamatory directive that Catholic Charities of the Archdiocese of San Francisco stop placing children in need of adoption with homosexual households.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 060357 [Administration of the South of Market (SOMA) Community Stabilization Fund] Supervisor Daly

Resolution approving support for the Mayor's Office of Community Development to administer the SOMA Community Stabilization Fund.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 060358 [Commending Peter Tannen for his leadership in the Bicycle Program] Supervisor Dufty

Resolution commending Peter Tannen for his leadership in the Bicycle Program and his successful initiation of the Bike Plan creating safety measures dedicated to improve the streets of San Francisco and the safety of its bicyclists.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 060360 [Social Workers Month] Supervisor Peskin

Resolution proclaiming the month of March 2006 as Professional Social Work Month.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 060361 [National Biological Foundry] Supervisors Peskin, Alioto-Pier

Resolution endorsing the application to the United States Department of Energy by the California Council on Science and Technology to establish a National Biological Foundry in San Francisco.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 060362 [Supporting Senate Bill 1749 - Transit Fare Evasion] Supervisor Peskin

Resolution endorsing Senate Bill 1749, a measure aimed at assisting the MTA in collecting greater revenues from minor transit citations, and urging its passage in the California State Legislature.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 060363 [Protect California State Park Lands] Supervisor Peskin

Resolution requesting the Foothill/Eastern Transportation Corridor Agency immediately and permanently withdraw its plans to construct a toll road through the San Onofre State Beach and urging the Director of Public Finance to refrain from acquiring any bonds for, or making other financial investments in, the Toll Road project.

3/14/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

34. 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 7, 2006 through March 13, 2006, for reference by President to appropriate committee on March 21, 2006.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from March 7, 2006 through March 13, 2006, for reference by President to appropriate committee on March 21, 2006.

060298 [Street Encroachment at 1310 Stanyan Street]

Resolution granting revocable permission to Kieran J. Woods to occupy a portion of the public right-of-way to construct a privately maintained driveway, including a low retaining wall, a stepped entry path, landscaping and other related improvements within an existing unimproved portion of Stanyan Street between Clarendon and Mountain Spring Avenues, to provide vehicular access to a proposed new single family dwelling at 1310 Stanyan Street (Block 2706, Lot 035) conditioned upon the payment of an annual assessment fee of $5,600 and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Public Works Department)

3/9/2006, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

060299 [Approve Contract with ValueOptions, Inc. for contract services to improve access to mental health treatment for children in foster care and other children placed outside of San

Resolution authorizing the Department of Public Health to retroactively contract with ValueOptions, Inc. to provide services to foster care and other Medi-Cal eligible children placed outside of San Francisco, for the period of July 1, 2005 through June 30, 2008. (Public Health Department)

3/13/2006, RECEIVED AND ASSIGNED to Budget and Finance Committee.

060375 [Petitions and Communications]

Petitions and Communications received from March 7, 2006 through March 13, 2006, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 21, 2006.

From Office of the Treasurer/Tax Collector, submitting a summary of all investments made by the City and County of San Francisco in companies and financial institutions with investments in the People's Republic of China. (Reference No. 20060207-011) Copy: Supervisor Daly(1)

From Office of the Mayor, vetoing proposed legislation regarding off-street parking in C-3 zoning districts. File 051453, Copy: Each Supervisor(2)

From Office of Emergency Services and Homeland Security, submitting request for release of Homeland Security grant funds placed on reserve during the fiscal year 2005-06 budget cycle. (3)

From Scott Raber, regarding the fire on the BART tracks between the Embarcadero and Montgomery Street stations.Copy: Each Supervisor(4)

From Department of Parking and Traffic, regarding the status of replacing the right turn sign on Lake Merced Boulevard and Clearfield Drive, which was removed during the October 2005 golf tournament. (Reference No. 20060131-001) Copy: Supervisor Elsbernd(5)

From Department of Parking and Traffic, concerning repainting the sharrows on Page Street between Masonic Avenue and Baker Street. (Reference No. 20060207-006) Copy: Supervisor Mirkarimi(6)

From Department of Parking and Traffic, regarding the status of graffiti removal on parking signs near 1263, 1267, 1473 and 1703 Oak Street. (Reference No. 20060207-005) Copy: Supervisor Mirkarimi(7)

From Department of Parking and Traffic, regarding the status of completely removing the sawed off parking sign poles at 1280 Webster Street. (Reference No. 20060214-001) Copy: Supervisor Mirkarimi(8)

From Department of Parking and Traffic, regarding the status of reattaching the parking street sign at the intersection of Fillmore and McAllister Streets. (Reference No. 20060214-004) Copy: Supervisor Mirkarimi(9)

From Department of Parking and Traffic, regarding the installation of an additional no left turn sign on the southeast corner of Broderick and Turk Streets.(Reference No. 20060228-002) Copy: Supervisor Mirkarimi(10)

From Recreation and Park Department, submitting information on the budget and scope of the Junipero Serra Project. (Reference No. 20060131-002) Copy: Supervisor Mirkarimi(11)

From Group Assets, Inc., submitting request to transfer a Type 47 liquor license from Bountiful Foods dba Delessio Market & Bakery at 1695 Market Street to a Type 48 liquor license at 86 Second Street.(12)

From Office of the Controller, submitting a concession review report for See's Candies to operate a store and two mobile carts to sell candy on Airport property.(13)

From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under Treasurer's management.(14)

From Department of Elections, submitting an update on the status of certification for Sequoia Voting Systems and addressing the concerns that members of the Rules Committee discussed during the February 16th hearing regarding the certification status of Sequoia Voting Systems. Copy: Each Supervisor(15)

From Recreation and Park Department, submitting report for the 2nd quarter of fiscal year 2005-06 in response to the requirements of Resolution 157-99 Lead Poisoning Prevention.Copy: Supervisors Daly, Maxwell, Peskin(16)

From State Building Standards Commission, acknowledging receipt of Ordinance No. 32-06 on March 2, 2006. File 051443(17)

From Department of Public Health, regarding health coverage for employees working 15 to 19 hours a week. File 051919, Copy: Each Supervisor(18)

From State Senate Rules Committee, submitting appointment of Cindy Gustafson of Tahoe City to the Fish and Game Commission.(19)

From Department of Public Health, submitting the monthly STD report for the month of January 2006.(20)

From Suzanne Berkman, Senior Eligibility Worker, commenting on the new computer system called CAL WIN. Copy: Supervisors Ma, McGoldrick(21)

From Mesha Monge-Irizarry, submitting copy of letter sent to the Sheriff regarding the treatment of Maurice Campbell by a deputy sheriff.(22)

From concerned citizens, submitting support for resolution urging the impeachment of President Bush. File 060156, Copy: Each Supervisor(23)

From concerned citizens, submitting opposition to resolution urging the impeachment of President Bush. File 060156, Copy: Each Supervisor (24)

Number not used.(25)

From Department of the Environment, submitting resolution supporting the Nixon Peabody Report at their March 8, 2006 Special Meeting. Copy: Each Supervisor(26)

From Office of the City Attorney, regarding the upcoming issuance of SFPUC Water Revenue Refunding Bonds (Series 2006 B). File 051981, Copy: Each Supervisor(27)

From PG&E, submitting notification of public participation hearings regarding Phase I and Phase II of Pacific Gas and Electric Company's 2007 General Rate Case.(28)

From State Department of Mental Health, submitting notice that a San Francisco Superior Court approved the conditional release of Mr. George, a sexually violent predator, from the Department of Mental Health's Atascadero State Hospital to begin outpatient treatment and supervision in San Francisco County. Copy: Department of Public Health(29)

From Michael Strausz, regarding the Redevelopment Agency's plan for the Bayview/Hunters Point project.(30)

From Pamela Calabrese-Cole, regarding her interest in opening a medicinal cannabis dispensary in San Francisco. Copy: Each Supervisor(31)

From Ed Volk, regarding the problem of loud noise from his upstairs neighbor. Copy: Supervisor Daly(32)

From John Kasper, regarding the disastrous street conditions in San Francisco.(33)

From John Steiner, regarding the increase from $27.00 to $60.00 for a San Francisco residential parking permit. Copy: Each Supervisor(34)

From Tom Sway, submitting copy of letter sent to the Department of Motor Vehicles protesting a $314.15 back storage fee.(35)

From Russ Sund, regarding posting rainbow flags on San Francisco light poles. Copy: Supervisor Dufty(36)

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

Last updated: 7/8/2010 1:41:52 PM

	COMMUNICATIONS


	Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report 4) Department or Agency cover letter and/or report 5) Public correspondence These items will be available for review at City Hall, Room 244, Reception Desk.

	CONSENT AGENDA


	All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.

	Recommendations of the Budget and Finance Committee






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

1.	050298	[Repealing Ordinance Number 72-04 Conditionally Designating 690 Market as a Landmark]	Supervisor Peskin
		Ordinance Repealing Ordinance Number 72-04 Conditionally Designating 690 Market, the Chronicle Building, As Landmark No. 243 under Article 10 of the Planning Code.


		3/14/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	060081	[Minor Sidewalk Encroachments - Partial repeal of public right-of-way occupancy assessment fee]	Supervisors Alioto-Pier, Dufty, Maxwell
		Ordinance amending Public Works Code Section 723.2 to repeal the public right-of-way occupancy assessment fee for specified minor sidewalk encroachments and to delineate those specified minor sidewalk encroachments for which the fee shall apply; and making repeal of the fee for specified encroachments set forth herein retroactive to August 29, 2005.


		3/14/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	060216	[To appropriate funding for San Francisco General Hospital operations and capital projects, Laguna Honda Hospital operations and Department of Public Health operations]	Supervisors Daly, Mirkarimi
		Ordinance appropriating $14,366,156 to the Department of Public Health, including $7,777,353 in surplus health revenues from San Francisco General Hospital (SFGH), de-appropriating $740,000 in General Fund dollars from the SFGH Chiller and Generator capital project, $1,800,000 in transfer from PUC Mayor's Economic Conservation Account (MECA) Fund and $4,048,803 in Laguna Honda Hospital Medical In-Patient Revenue; and appropriating the $7,777,353 in surplus health revenues for SFGH salaries, non-personnel services, and capital improvements to the SFGH Service Building, and re-appropriating $740,000 to the Service Building Seismic Retrofit capital project, $1,800,000 for the SFGH Chiller/Generator project and appropriating $3,998,803 for salaries, and non-personnel at Laguna Honda Hospital and $50,000 in salaries at Department of Public Health.

		(Fiscal impact.)
		3/14/2006, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	060254	[Public Employment - Department of Public Health]	Mayor
		Ordinance amending Ordinance No. 2004-05 (Annual Salary Ordinance No. 204-05 (Annual Salary Ordinance 2005/2006) to reflect the creation of one position in the Department of Public Health.


		3/14/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the City Operations and Neighborhood Services Committee






		Present: Supervisors Dufty, Ma

5.	060046	[Liquor License - 1141 Polk Street]
		Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Raimondo Morrone for Space Gallery located at 1141 Polk Street, 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?

6.	060057	[Liquor License, 1168 Folsom Street]
		Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Craig Wathen, for City Beer Store located at 1168 Folsom Street, 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?

7.	060186	[Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ), for Police Department computing environment and network infrastructure]	Supervisor Ma
		Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $986,643 from the U.S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS Office) for the purpose of renovating the Police Department computing environment and network infrastructure for the new Records Management System (RMS) application. The new system will provide a more efficient work environment, more accurate information and enhanced safety for both the public and officers.



		Question: Shall this Resolution be ADOPTED?

8.	060187	[Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ), for Violence Prevention Plan]	Supervisor Ma
		Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $248,170 from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) through a subcontract with the University of California-San Francisco (UCSF) for the purpose of developing a city-wide Violence Prevention Plan.



		Question: Shall this Resolution be ADOPTED?

9.	060228	[Grant to develop clinical guidelines for HIV positive transgender persons]	Supervisors Dufty, Ammiano
		Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept retroactively and expend a new federal grant in the amount of $110,343 from the Health Resources and Services Administration (HRSA) to develop clinical guidelines for HIV positive transgender persons, and to enter into an agreement for the use of these funds; for the period of September 30, 2005, to September 29, 2006.



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee




		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

10.	060151	[Implementation of Proposition H, which prohibits the sale, manufacture or distribution of firearms and limits possession of handguns within CCSF, by placement in the Police Code and by	Mayor
		Ordinance implementing Proposition H, which was enacted by the voters on November 8, 2005, and which prohibits the sale, distribution, transfer, and manufacture of firearms and ammunition and limits possession of handguns within the City and County of San Francisco, by placing the text of Proposition H in the Police Code and by enacting penalties for its violation.


		3/14/2006, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

11.	060164	[Settlement of Lawsuit - CCSF v. ARCO et al.]
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Airport Group International (AGI) for the payment to the Airport of environmental 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)


		3/14/2006, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

12.	060245	[Settlement of Lawsuit - Tutor Saliba Corporation, et al.]
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, and City Attorney Dennis J. Herrera on behalf of the People of the State of California, against Ronald N. Tutor, Tutor-Saliba Corporation, Tutor-Saliba-Perini & Buckley, J.V., Perini Corporation, Buckley & Company, Inc., American Home Insurance Company, Fidelity and Deposit Company of Maryland, Swiss Reinsurance America Corporation and Aetna Casualty and Surety Company, filed on November 1, 2002 in the United States District Court, Northern District of California, Case No. 02-5286 CW (EMC), entitled City and County of San Francisco, et al., v. Tutor-Saliba Corporation, et al.; and the lawsuit filed by Tutor-Saliba Corporation against Dennis J. Herrera, Tutor-Saliba Corporation v. Herrera; filed on February 19, 2004 in San Francisco Superior Court, Case No. Civ. 434144, California Court of Appeal Case No. A0 108712, for payment by the Tutor Defendants of $19,000,000 to the City and County of San Francisco. Other material terms of said settlement are: (1) payments to be made by Tutor-Saliba Corporation or Tutor-Saliba Perini & Buckley, J.V. to the City and County of San Francisco as follows: $8,000,000 to be paid by June 30, 2006, $3,000,000 to be paid by June 30, 2007, $3,000,000 to be paid by June 30, 2008, and $5,000,000 to be paid by June 30, 2009. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?






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

	Vetoed by the Mayor




		Consideration of Mayor's Veto Consideration to override veto pursuant to Charter Section 2.106 of Ordinance changing parking requirements in San Francisco's downtown (C-3) district.

13.	051453	[Off-Street Parking In C-3 Zoning Districts]	Supervisors Peskin, Daly
		Ordinance amending the San Francisco Planning Code by amending Sections 151, 151.1, 154, 155, 155.5, 161,166, and 167 to impose new requirements in C-3 Zoning Districts regarding permitted off-street parking and loading, allowed off-street freight loading and service vehicle spaces, bicycle parking, car sharing, to separate parking costs from housing costs, to exempt from the legislation projects that received final Planning Department or Planning Commission approval and submitted complete site permit applications prior to the effective date of the legislation, to require the Planning Department to undertake a study of downtown parking issues, and adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.

		NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days of the date of the veto. The Mayor vetoed the Ordinance on March 10, 2006. Therefore, the Board will loose the ability to override the veto unless it votes on the veto override on or before April 10, 2006.
		2/7/2006, PASSED ON FIRST READING.

		2/14/2006, AMENDED. Amended by changing the effective date of the legislation to June 1, 2006.

		2/14/2006, PASSED ON FIRST READING AS AMENDED.

		2/28/2006, FINALLY PASSED.


		Action:___________________________

	Recommendation of the Budget and Finance Committee




		Present: Supervisors Daly, Peskin

14.	060076	[To appropriate $5,216,754 to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for DPW for Fiscal Year 2005-06]	Mayor
		Ordinance appropriating $5,216,754 of Fiscal Year 2005-2006 State Traffic Congestion Relief Funds to fund the maintenance and reconstruction of public streets, roads, and the 4th Street Bridge for the Department of Public Works for Fiscal Year 2005-2006.

		(Fiscal impact.)
		2/28/2006, PASSED ON FIRST READING.

		3/7/2006, CONTINUED. Continued to March 21, 2006


		Question: Shall this Ordinance be FINALLY PASSED?

15.	060226	[To appropriate $6,565,452 to fund the Juvenile Hall Youth Guidance Center Project construction, and to appropriate $1,900,000 for Fire Station No. 24 for the Department of Public Works	Mayor
		Ordinance appropriating $6,565,452, including the de-appropriation of $1,900,000 from the Earthquake Safety Improvement Bonds Phase 1 proceeds, $2,591,458 from the Juvenile Hall Replacement Project COP Reserve/Surety Bond Funds, $1,503,000 from General Fund Capital Program Projects, $453,000 from workers' compensation savings, and $117,994 from Juvenile Hall California Youth Authority General Fund operational savings, to fund the City and County of San Francisco Juvenile Hall Youth Guidance Center Project construction. Additionally, appropriating $1,900,000 of Fire Bond proceeds to fund construction expenses for Fire Station No. 24 for the Department of Public Works for Fiscal Year 2005-2006.

		(Fiscal impact.) (Supervisors Daly and Peskin dissenting in committee.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

16.	060208	[Authorize payment of performance fees and for final closeout of the Water Infrastructure Partners contract for an amount not to exceed $487,726]
		Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to pay performance fees for Contract Year No. 4 for final closeout of the Agreement with the Water Infrastructure Partners for an amount not to exceed $487,726. (Public Utilities Commission)

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Rules Committee




		Present: Supervisors Mirkarimi, Elsbernd, Ammiano

17.	051962	[Membership in the Asthma Task Force]	Supervisor Maxwell
		Ordinance amending Sections 19A.20 and 19A.23 of the San Francisco Administrative Code to reduce the number of voting members in the Asthma Task Force from 20 to 15 members, modify the list of non-voting members from City agencies, and extend the Task Force expiration date to June 30, 2008.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

18.	060136	[Public Hearing]
		Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the Board)



		Action:___________________________

19.	060137	[Report of assessment costs for sidewalk and curb repairs]
		Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund.

		(DPW Order No. 175,878; Locations: 220 Jones Street and 1101 Persia Avenue.)

		Question: Shall this Resolution be ADOPTED?

	Board of Supervisors Sitting as a Committee of the Whole




		(Pending approval of File 060359.)

20.	060348	[Hearing - Emergency ordinance reenacting a Disadvantaged Business Enterprise Program]
		Hearing to consider the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency. (Clerk of the Board)



		Action:___________________________