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Full Board Agendas

City and County of San Francisco

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

VOTES
Tuesday, February 28, 2006
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

Board of Supervisors

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

Members Present:	Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Sean Elsbernd, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval.
Members Excused:	None.
Members Absent:	None.

ROLL CALL AND PLEDGE OF ALLEGIANCE





	The meeting was called to order at 2:06 On the call of the roll all Supervisors were noted present. There was a quorum.

APPROVAL OF MEETING MINUTES







	Supervisor Alioto-Pier, seconded by Supervisor Daly, moved to approve January 10, 2006, January 24, 2006 and January 31, 2006 Meeting Minutes. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

CONSENT AGENDA

Recommendation of the Budget and Finance Committee



060087	[Administrative Code Revision: Health Service System]	Supervisors Elsbernd, Ammiano
	Ordinance amending Chapter 16, Article XV, of Part 1 of the San Francisco Municipal (Administrative) Code by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. (Fiscal impact.)










	FINALLY PASSED

Recommendations of the City Operations and Neighborhood Services Committee



051715	[Better Streets Policy]	Mayor, Supervisors McGoldrick, Dufty
	Ordinance amending the Administrative Code to add Chapter 98, the Better Streets Policy; making environmental findings; authorizing and urging official acts in furtherance of this Ordinance; and requesting General Plan amendments to incorporate the Better Streets Policy and its supporting principles.














	FINALLY PASSED



051920	[Granting parking privileges on Baker Street for official vehicles of the Russian Consulate]	Supervisor Alioto-Pier
	Ordinance amending Section 32.6.30 of the San Francisco Traffic Code to grant parking privileges for official vehicles of the Russian Consulate along fifty three feet of the east side of Baker Street near the corner of Green Street.














	FINALLY PASSED

Recommendation of the Land Use and Economic Development Committee



052047	[Quitclaim of Water Pipeline Easement]
	Resolution approving the quitclaim of a water pipeline easement located at 1410 El Camino Real, South San Francisco, San Mateo County to the owner of the underlying fee interest in the property for a purchase price of $30,000; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale by quitclaim is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents and take certain actions in furtherance of this resolution. (Real Estate Department)










	ADOPTED

Recommendations of the Rules Committee



060006	[Settlement of Claims - Pacific Gas & Electric Company]
	Ordinance authorizing settlement of a claim filed by Pacific Gas & Electric Company (PG&E) against the City and County of San Francisco (City) and a complaint filed by the City against PG&E. PG&E's claim was filed on April 9, 2004, in the United States Bankruptcy Court and amended on June 1 and June 11, 2004, Case No. 01-30923-DM, Adversary Proceeding No. 04-3071. The City's complaint against PG&E was filed on June 29, 2005 at the Federal Energy Regulatory Commission, Docket No. EL05-133-000.








	PASSED, ON FIRST READING



060097	[Settlement of Lawsuit - Maria Castillo]
	Ordinance authorizing settlement of the lawsuit filed by Maria Castillo against the City and County of San Francisco for $40,000; the lawsuit was filed on January 18, 2005 in San Francisco Superior Court, Case No. 437-830; entitled Maria Castillo, et al., v. City and County of San Francisco, et al. (City Attorney)








	PASSED, ON FIRST READING



060099	[Settlement of Lawsuit and Grievance - Gary Thompson]
	Ordinance authorizing settlement of the lawsuit filed by Gary Thompson and the grievance filed by his Union, Service Employees Service Employees International Union, Local 790, against the City and County of San Francisco for $199,000; the lawsuit was filed on May 14, 2003 in United States District Court, Northern District of California, Case No. CV-03-02243-WDB and is entitled Gary Thompson v. City and County of San Francisco, et al; the grievance was filed on August 28, 2003 and is entitled Service Employees International Union, Local 790 v. City and County of San Francisco, ERD No. 12-03-1143. (City Attorney)








	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



052044	[Settlement of Lawsuit - Mary Williams]
	Ordinance authorizing settlement of the matter of Mary Williams v. City and County of San Francisco for $225,000. The lawsuit was filed on November 5, 2004 in San Francisco Superior Court, Case No. 436-121; entitled Mary Williams v. City and County of San Francisco, et al. (City Attorney)










	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



060176	[Appointment - Veterans Affairs Commission]
	Resolution appointing Edwin Wilkerson, term ending January 31, 2007, to the Veterans Affairs Commission. Edwin Wilkerson, succeeding Aaron Zeff, resigned, seat 11, must be an at large appointment, for the unexpired portion of a four-year term ending January 31, 2007.










	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



060177	[Appointment - In-Home Supportive Services Public Authority]
	Resolution appointing Anita Aaron, term ending March 1, 2009, to the In-Home Supportive Services Public Authority. Anita Aaron, succeeding Ray del Portillo, term expiring March 1, 2006, seat 7, must be a member of the Commission on the Aging, recommended to the Board by the Commission, for a three-year term ending March 1, 2009.










	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval









	The foregoing items were acted upon by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk



060238	[Adopting findings related to affirming the categorical exemption issued for the 1 La Avanzada Street project]
	Motion adopting findings related to affirming the determination by the Planning Department that the 1 La Avanzada Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) (Companion measure to Files 060007, 060008, 060009, 060010.)






	APPROVED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendations of the Budget and Finance Committee



051792	[Regulating Deemed Approved Off-Sale Alcohol Uses and Establishing An Annual Fee]	Supervisors Maxwell, Dufty, Peskin, Ma, Mirkarimi
	Ordinance amending the Administrative Code to add Chapter 26, ("Deemed Approved Off-Sale Alcohol Use Nuisance Regulations"), deeming all existing non-conforming and permitted off-sale alcohol uses "approved;" establishing an administrative hearing process to abate nuisance activities by deemed approved off-sale alcohol uses; creating a list of performance standards that reflect existing local nuisance and related state and federal laws; providing for an education and outreach program; authorizing penalties for violation of performance standards including administrative penalties from $500 to $1000 or revocation of deemed approved status; providing for appeals of conditions or administrative penalties to the Board of Appeals; providing for appeals of the revocation of deemed approved status to the Board of Supervisors or the Board of Appeals; setting an annual fee of $264 for deemed approved off-sale alcohol uses; establishing a deemed approved off-sale alcohol use nuisance regulation continuing project accounts within the City's General Fund; and making environmental findings.
























	Supervisor Ma, seconded by Supervisor Mirkarimi, moved to amend section 26.12 by adding after "(a)" by "adding (1) and (2)" and further amended by Supervisor Daly. Motion to amend Sec. 26.12 failed by the following vote: Ayes: 4 - Daly, Ma, Mirkarimi, Sandoval Noes: 7 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Maxwell, McGoldrick, Peskin,

	Supervisor Maxwell, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval































	PASSED ON FIRST READING AS AMENDED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Elsbernd



060205	[Requiring Notice to Potential Buyers of Certain Deemed Approved Off-Sale Alcohol Uses Where the Use Has Violated the Performance Standards.]	Supervisors Daly, Ammiano
	Ordinance amending the ordinance Regulating Deemed Approved Off-Sale Alcohol Uses and Establishing An Annual Fee (Board File No. 051792) by amending Section 26.20 to require that the seller of a Deemed Approved Off-Sale Alcohol Use ("Use") provide certain notice to potential buyers of the Use if the Use has, within the past three years, been the subject of an administrative hearing at which a finding of violation of the Performance Standards was made, at which conditions were imposed on the Use's continued operations, and/or at which administrative penalties were imposed on the Use for violation of the Performance Standards; and making environmental findings.












	PASSED ON FIRST READING by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval

Recommendation of the Land Use Committee

Appointment of President Pro Tempore





	At the request of the President, Supervisor Daly assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter.



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.






























	FINALLY PASSED by the following vote:
	Ayes: 7 - Ammiano, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 4 - Alioto-Pier, Dufty, Elsbernd, Ma

From the Land Use Committee Without Recommendation

Appointment of President Pro Tempore





	At the request of the President, Supervisor Mirkarimi assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter.



050601	[Better Neighborhoods Plus Planning and Implementation Process]	Supervisors McGoldrick, Maxwell
	Ordinance amending the Administrative Code to add Chapter 36 to establish uniform procedures for developing comprehensive neighborhood plans (the "Better Neighborhoods Plus Planning and Implementation Process"); amending Administrative Code Section 3.4 to provide for integrated Better Neighborhoods Plus Plan budget documents; amending Planning Code to add Section 312A regarding discretionary review for projects proposed in Better Neighborhoods Plus Plan areas; and Section 312B to establish permit review procedures for certain projects within Better Neighborhoods Plus Plan areas; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.










































	Supervisor McGoldrick, seconded by Supervisor Ammiano, moved an amendment of the whole bearing new title. Further amended on page 7 by deleting "(D)" and on page 9 by inserting page 9 line 16 by adding "(d)'.

	Supervisor McGoldrick, seconded by Supervisor Ammiano, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval















































	Re-Referred as amended.

	Supervisor McGoldrick, seconded by Supervisor Ammiano, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:
	Ayes: 8 - Ammiano, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Daly, Ma

NEW BUSINESS

Recommendations of the Budget and Finance Committee



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.)








	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



051960	[Authorizing the Committee on Information Technology to amend its contract with En Pointe Technologies to exceed $10 million]	Supervisor Daly
	Resolution authorizing the Committee on Information Technology to enter into the Third Amendment between the City and En Pointe Technologies (part of the Computer Store procurement vehicle), in which the amendment shall increase the contract's anticipated expenditures to over $10 million.










	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



051961	[Authorizing the Committee on Information Technology to amend its contract with Xtech to exceed $10 million]	Supervisor Daly
	Resolution authorizing the Committee on Information Technology to enter into the Third Amendment between the City and Xtech (part of the Computer Store procurement vehicle), in which the amendment shall increase the contract's anticipated expenditures to over $10 million.










	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



060080	[Waterline Relocation Agreement with Mills Peninsula Health Services]	Supervisor Dufty
	Resolution approving and authorizing the execution and delivery of a Waterline Relocation Agreement with Mills Peninsula Health Services; authorizing the exchange of real property interests in the City of Burlingame, San Mateo County following the completion of construction of a new water pipeline; adopting findings of consistency with the General Plan and priority policies of Planning Code Section 101.1; and adopting environmental findings.








	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



060096	[Lease of Real Property located at One Market Plaza]
	Resolution authorizing the renewal of a lease of 20,677 sq. ft. of space including related auxiliary spaces at One Market Plaza for the Department of Telecommunications and Information Services. (Real Estate Department)








	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

From the Budget and Finance Committee Without Recommendation

Recommendations of the City Operations and Neighborhood Services Committee



060119	[Option Agreement for Sale of Surplus Property]
	Resolution approving an Option Agreement for sale of surplus lands located in Mountain View, Santa Clara County, California, under the jurisdiction of the San Francisco Public Utilities Commission ("SFPUC") to KMJ Urban Communities, LLC, a California limited liability company; adopting findings pursuant to the California Environmental Quality Act; and authorizing the Director of Property or the General Manager of the SFPUC to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department)










	ADOPTED by the following vote:
	Ayes: 5 - Alioto-Pier, Elsbernd, Ma, Peskin, Sandoval Noes: 4 - Ammiano, Daly, McGoldrick, Mirkarimi Absent: 2 - Dufty, Maxwell







	Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved to rescind the previous vote. Motion to rescind the previous vote carried without objection.















	ADOPTED by the following vote:
	Ayes: 6 - Alioto-Pier, Elsbernd, Ma, Maxwell, Peskin, Sandoval Noes: 4 - Ammiano, Daly, McGoldrick, Mirkarimi Absent: 1 - Dufty



051918	[SoMa Senior Community Committee for Livable Streets]	Supervisor Daly
	Resolution urging the creation of the SoMa Senior Community Committee for Livable Streets.








	Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved to re-refer this matter to the Budget & Finance Committee. Motion to re-refer to the Budget & Finance Committee failed by the following vote: Ayes: 4 - Alioto-Pier, Elsbernd, Ma, Maxwell Noes: 6 - Ammiano, Daly, Dufty, Mirkarimi, Peskin, Sandoval Absent: - 1 - McGoldrick

	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Daly, Dufty, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 2 - Alioto-Pier, Elsbernd



060185	[Approve retroactively a new position funded by a recurring State grant for the period of FY 2005 through FY 2007]	Supervisor Peskin
	Resolution authorizing retroactively the San Francisco Department of Public Health (SFDPH), San Francisco Childhood Lead Prevention Program to fill a new position using existing and ongoing funds from a recurring State grant, for the period of July 1, 2005 through June 30, 2007.










	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendations of the Land Use and Economic Development Committee



051562	[Zoning Map Amendment in connection with Third Street and Oakdale Avenue Affordable Housing Special Use District]	Supervisor Maxwell
	Ordinance amending Zoning Map Section 10 and 10SU of the City and County of San Francisco for the property at 4800 Third Street (Lot 45, Assessor's Block 5322), located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street; adopting findings under the California Environmental Quality Act; and making findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.


















	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



051563	[Third Street and Oakdale Avenue Affordable Housing Special Use District]	Supervisor Maxwell
	Ordinance adding Planning Code Section 249.30 to establishing the Third Street and Oakdale Avenue Affordable Housing Special Use District for property at 4800 Third Street (Lot 45, Assessor's Block 5322), located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street, and making findings including findings under the California Environmental Quality Act and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.


















	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



060054	[MUNI Operator restrooms at various locations]
	Resolution granting revocable permission to Municipal Transportation Agency (MTA), to occupy a portion of the public right-of-way to install and maintain one (1) MUNI Operator Restroom at each of the following locations: within an existing traffic island on Geneva Avenue at Munich Street; on the westerly sidewalk of Main Street, southerly of Howard Street; on the easterly sidewalk of Main Street, northerly of Mission Street, 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)










	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendation of the Rules Committee



060156	[Investigate and Impeach President Bush and Vice President Cheney]	Supervisor Daly
	Resolution calling for a full investigation, impeachment or resignation of President George W. Bush and Vice President Richard B. Cheney. (Supervisor Elsbernd Dissented in Committee)












	Amended on page 2, line 22 & 23, by deleting "while focusing on taking back the United States House of Representatives and United States Senate."

	AMENDED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



















	ADOPTED AS AMENDED by the following vote:
	Ayes: 7 - Ammiano, Daly, Dufty, Ma, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Elsbernd, Maxwell Absent: 1 - McGoldrick

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole



060211	[Charter amendment (Fourth Draft) to add Section 16.126]
	Hearing to consider a charter amendment (Fourth Draft) to add Section 16.126 to: establish a San Francisco Homicide Prevention Plan and Homicide Prevention Planning Council; create a Survivors' Advocate and a City fund to help pay specified expenses for survivors of homicide victims; appropriate an additional $10 million per year for the next three years to fund violence prevention programs identified in the Plan; and, set an expiration date. (Clerk of the Board)




	The President inquired as to whether or not any member of the public wished to address the members of the Board. Female speaker; support of the Homicide Plan charter amendment Sheila Burton; support of the Homicide Plan charter amendment Judy Hughes; support of the Homicide Plan charter amendment Ray Balberan; support of the Homicide Plan charter amendment Joe Trigueros; support of the Homicide Plan charter amendment Donald Price; support of the Homicide Plan charter amendment Michell Williams; support of the Homicide Plan charter amendment Iqra Anjum; support of the Homicide Plan charter amendment Jeff Adachi, Public Defender; support of the Homicide Plan charter amendment Alicia Sandoval; support of the Homicide Plan charter amendment Valerie; support of the Homicide Plan charter amendment Shirley Fordham;support of the Homicide Plan charter amendment Henry Morales; support of the Homicide Plan charter amendment Paul Kendiseg; support of the Homicide Plan charter amendment Maddie Scott; support of the Homicide Plan charter amendment Del Scott; support of the Homicide Plan charter amendment Liz; support of the Homicide Plan charter amendment Male speaker; support of the Homicide Plan charter amendment Nancy; support of the Homicide Plan charter amendment Kelly; support of the Homicide Plan charter amendment Lonnie Holmes; support of the Homicide Plan charter amendment Rudy Corcas; support of the Homicide Plan charter amendment Ace Washington; support of the Homicide Plan charter amendment Shay; support of the Homicide Plan charter amendment Eugene Gordon, Jr.; support of the Homicide Plan charter amendment Maria; support of the Homicide Plan charter amendment Sharon Hewitt; support of the Homicide Plan charter amendment Francisco di Costa; support of the Homicide Plan charter

	HEARD AT PUBLIC HEARING.

Committee of the Whole Adjourn and Report Without Recommendation



052009	[Charter Amendment - Homicide Prevention Plan; Survivor Assistance; Funding for Violence Prevention Programs]	Supervisors Daly, Ammiano, Maxwell, Mirkarimi
	Charter amendment (Fourth Draft) to add Section 16.126 to: establish a San Francisco Homicide Prevention Plan and Homicide Prevention Planning Council; create a Survivors' Advocate and a City fund to help pay specified expenses for survivors of homicide victims; appropriate an additional $10 million per year for the next three years to fund violence prevention programs identified in the Plan; and, set an expiration date.






















	ORDERED SUBMITTED by the following vote:
	Ayes: 6 - Ammiano, Daly, Maxwell, Mirkarimi, Peskin, Sandoval Noes: 5 - Alioto-Pier, Dufty, Elsbernd, Ma, McGoldrick

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole



060213	[Hearing - 22-Month and 15 Day Extension of Interim Moratorium on New Check Cashing and Pay Day Lender Uses]
	Hearing to consider the possible adoption of an urgency Ordinance approving a 22 month and 15 day extension of the interim zoning moratorium on new check cashing and pay day lender uses and making required findings, including findings related to the imposition of an interim moratorium, findings of consistency with the priority policies of Planning Code Section 101.1, and environmental findings. (Clerk of the Board)




	The President inquired as to whether or not any member of the public wished to address the members of the Board. Department of Public Health Representative and Dan Augustine, Treasurer's representative support of check cashing legislation Kevin Stein, opposed of the check cashing legislation Mike Eiseman; support of the check cashing legislation Dan Leepson; support of the check cashing legislation Male speaker; support of the check cashing legislation The President declared the public hearing closed.

	HEARD AT PUBLIC HEARING.

Committee of the Whole Adjourn and Report Without Recommendation



060212	[Zoning - Three Month Extension of Interim Moratorium on New Check Cashing and Pay Day Lender Uses]	Supervisors Ammiano, Dufty, Daly, Mirkarimi
	Urgency Ordinance approving a 22 month and 15 day extension of the interim zoning moratorium on new check cashing and pay day lender uses and making required findings, including findings related to the imposition of an interim moratorium, findings of consistency with the priority policies of Planning Code Section 101.1, and environmental findings.












	Supervisor Ammiano, seconded by Supervisor Daly, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval




	Urgency Ordinance approving a three month extension of the interim zoning moratorium on new check cashing and pay day lender uses and making required findings, including findings related to the imposition of an interim moratorium, findings of consistency with the priority policies of Planning Code Section 101.1, and environmental findings.












	FINALLY PASSED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

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

Privilege of the Floor







	It was decided to to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests.







	Supervisor Maxwell introduced, welcomed and presented a Certificate of Honor to Gene Coleman in recognition of Black History Month. Supervisor Maxwell also recognized Colonel Wilson and Thomas Fleming in recognition of Black History Month. Supervisor Alioto-Pier introduced, welcomed and presented a Certificate of Honor to Patricia Scott in recognition of Black History Month. Supervisor McGoldrick introduced, welcomed and presented a Certificate of Honor to Eileen Clerk Hernandez in recognition of Black History Month. Supervisor Daly introduced, welcomed and presented a Certificate of Honor to Sharon Hewitt in recognition of Black History Month. Supervisor Peskin introduced, welcomed and presented a Certificate of Honor to Daisy McCarthy in recognition of Black History Month. Supervisor Dufty recognized Sean Williams in recognition of Black History Month. Supervisor Peskin introduced, welcomed and presented a Certificate of Honor to Perter McGoughlin, Quantas Airlines and welcomed Quantas Airlines back to San Francisco. Supervisor Peskin introduced, welcomed and presented a Certificate of Honor Madeleine Licavoli, Deputy Clerk in recognition of receiving Certificate of Completion from the International Institute of Municipal Clerks.

COMMITTEE REPORTS



060078	[Capital Expenditure Plan; timeline amendments for initial submission and approval]	Supervisor Elsbernd
	Ordinance amending Administrative Code Section 3.20 to provide that the initial ten-year capital expenditure plan to be prepared thereunder shall be submitted to the Mayor and the Board of Supervisors by May 1, 2006 and that the Mayor and the Board of Supervisors shall review, update, amend and adopt such plan by resolution by August 1, 2006.










	PASSED ON FIRST READING by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - McGoldrick

ROLL CALL FOR INTRODUCTIONS

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.




	Abdullah Megaheed; expressed concern with issues relating to the Federal government Female speaker; expressed concern with issues relating to safety issues during major disasters James Chaffee; expressed concern with issues relating to the public funding for the SF Public Library David Miles; showed interest in closing traffic on Saturdays in Golden G. President Peskin informed the speaker that campaigning was not allowed in the Board of Supervisors Chamber K. Lee; expressed concern with issues relating to the President George Bush John Jenkel; expressed concern with issues relating to Enron and Federal issues Kimo Crossman; expressed concern with issues relating to the DTIS review of the TechConnect WIFI proposal Robert Pender, Vice President Park Merced; expressed concern with issues relating to Park Merced

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.



060231	[Commending Lucille Burlew-Lawler]	Supervisors Dufty, Elsbernd
	Resolution commending Lucille Burlew-Lawler for 28 years of outstanding and dedicated service to the Department of Public Health and the people of San Francisco.




	Supervisor Elsbernd requested to be added as a co-sponsor.

	ADOPTED



060232	[Commending Eugene Coleman]	Supervisor Maxwell
	Resolution commending Eugene Coleman for his dedication and exemplary service to the residents of San Francisco and proclaiming February 21, 2006 as Eugene Coleman Day in San Francisco.






	ADOPTED



060233	[Accept-Expend Grant - Juvenile Probation Department]	Supervisor Maxwell
	Resolution authorizing the Juvenile Probation Department to accept and expend a grant in the amount of $50,000 from the Zellerbach Family Foundation to support organizational development activities at the Juvenile Probation Department and to fund technical assistance for planning for such organizational change.






	ADOPTED



060234	[Supporting Eddy Zheng's application to remain lawfully in the United States]	Supervisors McGoldrick, Peskin, Ammiano
	Resolution urging the Department of Justice to grant Xiao Fei ("Eddy") Zheng's application to remain lawfully in the United States and calling on the Department of Homeland Security to exercise its discretion not to appeal the grant of a waiver that would allow Eddy Zheng to remain in the United States.






	ADOPTED



060235	[California Seismic Safety Commission]	Supervisors Peskin, Elsbernd
	Resolution urging California Governor Arnold Schwarzenegger to withdraw his proposal to eliminate funding for the California Seismic Safety Commission.




	Supervisor Elsbernd requested to be added as a co-sponsor.

	ADOPTED



060236	[Gift-In-Place to Recreation and Park Department]	Supervisor Peskin
	Resolution accepting and expending a gift-in-place valued at $40,000 from the Union Square Association to the Recreation and Park Department for use in Union Square.






	ADOPTED



060237	[Commending the "Love Your Playground" volunteers and the Neighborhood Parks Council]	Supervisors Sandoval, Dufty
	Resolution commending the volunteers who participated in the "Love Your Playground" program and the Neighborhood Parks Council for conducting the survey.






	ADOPTED



060207	[Final Map for a 23 Unit Commercial/Residential Condominium Project - 380 Alabama Street/2095 Harrison Street]
	Motion approving Final Map of 380 Alabama Street/2095 Harrison Street, a Commercial/Residential Condominium Project, being a subdivision of Lot 4 in Assessor's Block No. 3967, and adopting findings pursuant to Planning Code Section 101.1. Version. (Public Works Department) (DPW Order No. 175,896; District 6.)






	APPROVED









	The foregoing items were acted upon by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty

Severed from the Without Reference to Committee Agenda





	Supervisor Ammiano requested that the following two matters be severed so that they might be considered separately.



060230	[Board of Supervisors Committee of the Whole - February 28, 2006 3:00 p.m. - Extension of interim zoning moratorium New Check Cashing and Payday Lenders Uses]	Supervisor Ammiano
	Motion for the Board of Supervisors to convene as a committee of the whole on February 28, 2006, at 3:00 p.m. to accept public testimony concerning the possible adoption of an urgency ordinance extending the interim zoning moratorium for 22 months and 15 days on new check cashing and payday lender uses and making required findings, including findings related to the imposition of an interim zoning moratorium, findings of consistency with the priority planning policies of Planning Code Section 101.1, and environmental findings.






	APPROVED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



060229	[Report for Interim Zoning Moratorium on New Check Cashing and Payday Lender Uses]	Supervisor Ammiano
	Motion adopting and issuing the Planning Department's report concerning the Board's urgency Ordinance that imposed a 45-day interim moratorium on new check cashing and payday lender uses.






	APPROVED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval







	Supervisor McGoldrick requested that this matter be severed so that it might be considered separately.



060121	[Incorporating Street Performers into the Street Artist Program and designating sound appropriate sales areas for certified Street Artists]	Supervisor McGoldrick
	Resolution recognizing that qualified Street Performers are eligible to participate in the Street Artist Program and urging the designation of sales areas within the Program that are appropriate for amplified sound.








	Continued to March 28, 2006

	Supervisor McGoldrick, seconded by Supervisor Alioto-Pier, moved that this Resolution be CONTINUED. The motion carried by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Dufty

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES



060162	[Amending the Traffic Code to establish a single consolidated list of weight-restricted streets]
	Ordinance amending the Traffic Code by repealing Sections 28.4 and 28.5, amending Sections 28.1 and 28.1.19, renumbering Sections 28.5.1 through 28.5.59 as 28.1.110 through 28.1.165, and adding new Sections 28.1.166 through 28.1.170 to: correct obsolete references to Army Street; establish a consolidated list of weight-restricted streets on which vehicles with a gross vehicle weight of 6000 pounds or more are, with specified exceptions, prohibited; add Ledyard Street between Silver Avenue and Thornton Avenue, Vesta Street between Thornton Avenue and Williams Avenue, Scotia Avenue between Silver Avenue and Thornton Avenue and Thornton Avenue between Bayshore Boulevard and 3rd Street the list of restricted streets; and clarify the exceptions applicable to weight restricted-street requirements. (Parking and Traffic Department)
	2/13/06, ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 3/28/2006.



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)
	2/15/06, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS



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.)
	2/7/06, ASSIGNED to Board of Supervisors. Scheduled for March 21, 2006, at 3:00 p.m.



060163	[Settlement of Claim - James Mead]
	Resolution approving the settlement of the unlitigated claim filed by Mr. James Mead, against San Francisco for $77,500; claim was filed on June 22, 2005.
	2/13/06, RECEIVED AND ASSIGNED to Rules Committee.



060208	[Authorize payment of performance fees and for final closeout of the Water Infrastructure Partners contract for an amount not to exceed $734,670]
	Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to pay performance fees for Contract Year No. 4 and Year 5 and for final closeout of the Agreement with the Water Infrastructure Partners for an amount not to exceed $734,670. (Public Utilities Commission)
	2/17/06, RECEIVED AND ASSIGNED to Budget and Finance Committee.

ADJOURNMENT





	There being no further business, the Board adjourned at the hour of 7:47 p.m.

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