Return to Full Board Agendas

Full Board Agendas

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, February 15, 2005
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

APPROVAL OF MEETING MINUTES

Motion to approve the January 8, 2005 and January 11, 2005 Board Meeting Minutes.

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.

Recommendation of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Mirkarimi

1. 041764 [Settlement of Lawsuit - American Motorists Insurance Company]
Ordinance authorizing settlement of the lawsuit filed by American Motorists Insurance Company against the City and County of San Francisco for $85,000; the lawsuit was filed on November 14, 2001 in San Francisco Superior Court, Case No. 401-290; entitled American Motorists Insurance Co., et al., v. City and County of San Francisco, et al. (City Attorney)

2/8/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the City Services Committee

Present: Supervisors Dufty, Elsbernd

2. 041488 [Regulating Computer Rental Businesses] Supervisor Ma
Ordinance adding Article 10.2 to the San Francisco Police Code, regulating businesses that rent computer time to patrons by prohibiting minors from using game controllers or renting computer time for purposes of gaming during certain times, requiring supervision, regulating waiting lists, posting hours of operation, and providing for a penalty.

2/8/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

3. 050092 [Designating 351-9th Avenue, the Richmond/Senator Milton Marks Branch Library, as a Landmark under Planning Code Article 10] Supervisor Ma
Ordinance designating 351-9th Avenue, the Richmond/Senator Milton Marks Branch Library, as Landmark No. 247 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, McGoldrick

4. 050187 [Changing Official Width of Sidewalk]
Ordinance Amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1565 to change the official sidewalk widths on the easterly side of Waverly Place; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk widths changes. (Public Works Department)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, Sandoval, McGoldrick

5. 050098 [Grant of Metropolitan Transportation Commission Funds]
Resolution authorizing the Municipal Transportation Agency to accept and expend $212,490 of funds from the Metropolitan Transportation Commission to perform site preparation work at San Francisco Municipal Railway facilities necessary for the installation of TransLink(r) equipment. (Municipal Transportation Agency)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Alioto-Pier, Peskin

6. 050134 [Requiring City offices to display signs, brochures, and forms for the San Francisco Working Families Credit Program] Mayor, Supervisors Maxwell, Dufty
Ordinance amending the San Francisco Administrative Code by adding Section 12S.2, to require City offices to display signs, brochures and forms for the San Francisco Working Families Credit Program.

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 050116 [Meeting Schedule]
Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the May 31, 2005, July 5, 2005, October 11, 2005, November 29, 2005, December 27, 2005 and January 17, 2006, Board meetings and by canceling all Board and Committee meetings from August 17 through September 5, 2005. (Clerk of the Board)

Question: Shall this Resolution be ADOPTED?

8. 050050 [Limiting Single Supervisor's Ability to Call Matters from Committee] Supervisor Peskin
Motion amending the Rules of Order of the Board of Supervisors to amend Rule 5.31 Failure of a Committee to Act within 30 Days and Rule 2.14 Committee Action, thereby allowing four Supervisors to call a matter from Committee and allowing one Supervisor to call a matter from Committee that has not been heard in Committee within thirty days of assignment to Committee.

Question: Shall this Motion be ADOPTED?

9. 050131 [Rules of Order of the Board - Board Member Report on activities at Regional Agencies] Supervisor Peskin
Motion amending the Rules of Order 3.9 Roll Call for Introductions to provide a report on activities at regional agencies.

Question: Shall this Motion be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2.

10. 050087 [Public Hearing - Conditional Use Appeal for 606-624 Divisadero Street and 1278 Hayes Street,]
Hearing of persons interested in or objecting to the Planning Commission by its Motion No. No.16921 dated December 9, 2004, approving Conditional Use Application No. 2003.0807CEK, subject to certain conditions, allowing the development of a lot greater than 9,999 square feet and the creation of parking in amounts greater than accessory on a lot in an NC-2 (Small Scale Neighborhood Commercial) District and a 65-A Height and Bulk District, on property located at 606-624 Divisadero Street and 1278 Hayes Street, northeast corner of Divisadero and Hayes Streets; Lot 002J, Assessor's Block 1202.

The appellants are opposing the proposed demolition of an assembly building (currently a Baptist Church and before that the Harding Theater) in this neighborhood. (Appellant: David Tornheim, representing the Central City Progressives.)

(Filed 1/10/05; companion measure to Files 050087, 050088, 050089, 050090, 050091; District 5.)

2/1/2005, CONTINUED. Continued to February 15, 2005.

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the conditional use application decision described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

(Only one of the following two motions should be adopted.)

11. 050088 [Appeal, Conditional Use - 606-624 Divisadero Street and 1278 Hayes Street]
Motion approving decision of the Planning Commission by its Motion No. 16921, approving Conditional Use Application 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

2/1/2005, CONTINUED. Continued to February 15, 2005.

Question: Shall this Motion be ADOPTED?

12. 050089 [Appeal, Conditional Use - 606-624 Divisadero Street and 1278 Hayes Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16921, approving Conditional Use Application 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street. (Clerk of the Board)

2/1/2005, CONTINUED. Continued to February 15, 2005.

Question: Shall this Motion be ADOPTED?

13. 050090 [Findings -606-624 Divisadero Street and 1278 Hayes Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street, for action by the Board at its next meeting. (Clerk of the Board)

2/1/2005, CONTINUED. Continued to February 15, 2005.

Question: Shall this Motion be ADOPTED?

14. 050091 [Environmental Review - 606-624 Divisadero Street and 1278 Hayes Street]
Motion certifying review of Final Negative Declaration relating to proposed Conditional Use of Property at 606-624 Divisadero Street and 1278 Hayes Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

2/1/2005, CONTINUED. Continued to February 15, 2005.

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:00 P.M.

15. 050031 [Public Hearing - Appeal of Categorical Exemptions for 1187-1189 Stanyan Street]
Hearing of persons interested in or objecting to the decisions of the Planning Department dated May 14, 2004, approving the following projects to be categorically exempt (Class 3a, allowing up to three-single-family residences in urbanized areas) from environmental review under CEQA:

1. Project described in Building Permit Application No. 2003.09.18.5180 (new single-family dwelling at 1187 Stanyan Street in Assessor's Block 2644, Lot 006); and
2. Project described in Building Permit Application No. 2003.09.18.5184 (new single-family dwelling at 1189 Stanyan Street in Assessor's Block 2644, Lot 007).

(Appellants: Deanna Jones, on behalf of Stanyan Street Neighbors and Molley Lowry on behalf of Woodland Avenue Association; Timothy Tosta representing Alvin Pelavin, Elaine Pelavin and Peter Pelavin.)

(Filed December 31, 2004; companion measure to Files 050032, 050033, 050034; District 5.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

(Only one of the following two motions should be adopted.)

16. 050032 [Affirming the categorical exemptions issued for 1187 and 1189 Stanyan Street]
Motion affirming the determinations by the Planning Department that the two single-family home projects at 1187 Stanyan Street and 1189 Stanyan Street are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

17. 050033 [Disapproving the categorical exemptions issued for 1187 and 1189 Stanyan Street]
Motion disapproving the determinations by the Planning Department that the projects at 1187 Stanyan Street and 1189 Stanyan Street are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

18. 050034 [Preparation of findings related to the categorical exemptions issued for 1187 and 1189 Stanyan Street]
Motion directing the Clerk of the Board to prepare findings related to the appeals of the determinations by the Planning Department that the projects at 1187 Stanyan Street and 1189 Stanyan Street are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

19. 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.

20. 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

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 21 through 35

21. 050212 [Accept-Expend Federal Grant] Supervisor Elsbernd
Resolution authorizing the Office of Emergency Services to accept and expend a Federal Grant in the amount of $400,000 from the United States Department of Homeland Security for the purpose of providing financial assistance to San Francisco's Metropolitan Medical Response System (MMRS).

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

22. 050225 [Apology from Margaret Spellings] Supervisors Ammiano, Dufty
Resolution urging the United States Secretary of Education, Margaret Spellings, to retract her condemnation of the Corporation for Public Broadcasting Stations (PBS) from airing an episode of "Postcards from Buster'" depicting a lesbian couple and further urging the Secretary of Education to publicly apologize to gay, lesbian, bisexual and transgender community and offer a public statement in support of tolerance, multiculturalism and free speech.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

23. 050226 [Accept-Expend Gift] Supervisor Daly
Resolution authorizing the Department of Public Works to accept and expend a gift in the amount of $115,000 from the San Francisco Foundation, from an account on behalf of Richard N. Goldman as the Chair of the United Nations 50 celebration, for additional capital improvements to United Nations Plaza.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

24. 050228 [Commending the 23rd Annual San Francisco International Asian American Film Festival] Supervisor Ma
Resolution commending the 23rd Annual San Francisco International Asian American Film Festival.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

25. 050229 [Commending Alice Fong Yu Alternative School] Supervisors Ma, Elsbernd
Resolution congratulating and commending the Alice Fong Yu Alternative School for ten years of excellence in Chinese Immersion Education.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

26. 050230 [Community Aggregation and Public Power on Treasure Island] Supervisor Mirkarimi
Resolution urging that the San Francisco Public Utilities Commission explore, based on the findings of the LAFCO reports, the implementation of Community Aggregation and Public Power on Treasure Island.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 050231 [Investigate Paperless Facsimile Solutions for City Offices] Supervisors Mirkarimi, Peskin
Resolution urging the Department of the Environment in conjunction with the Department of Telecommunications and Information Services to investigate and recommend appropriate electronic paperless fax solutions for City offices.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 050232 [Opposing HR-418, the Real ID Act] Supervisors Mirkarimi, Sandoval
Resolution urging the United States House of Representatives to oppose "The Real ID Act," H.R. 418.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 050233 [Appointment - Treasure Island Development Authority] Supervisor Peskin
Resolution appointing Supervisor Ross Mirkarimi, indefinite term, as an alternate to Supervisor Chris Daly on the Treasure Island Development Authority Board.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 050234 [Urging the American Legion Post of San Francisco to determine the authenticity of a flag in the War Memorial that may be the flag unfurled by General Emilio Aguinaldo during the Supervisors Sandoval, Ma
Resolution Urging the American Legion Post of San Francisco to determine the authenticity of a flag in the War Memorial that may be the flag used by General Emilio Aguinaldo during the proclamation of Philippine independence on June 12, 1898.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 050235 [Assembly Bill 178, California Cigarette Fire Safety Act] Supervisor Sandoval
Resolution urging the California State Legislature to approve AB 178: California Cigarette Fire Safety Act, which requires that all cigarettes sold in California be fire-safe starting in 2006.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 050236 [Accept-Expend Federal Grant] Mayor, Supervisor Dufty
Resolution authorizing the Director of Transportation or his designee to file an application to apply for, accept, and expend $624,000 in Federal Surface Transportation funds through the Metropolitan Transportation Commission's Regional Bicycle and Pedestrian Program for striping and signing bike lanes, striping ladder cross-walks, and building ADA compliant curb-cuts; committing the necessary local match for the project; stating the assurance of the City and County of San Francisco to complete the project; and to execute any and all associated documents.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 050209 [Board Off-site Meetings] Supervisor Ammiano
Motion ordering the City and School District Select Committee meeting(s) of the Board of Supervisors be held at the Irving G. Breyer Board Meeting Room, Board of Education, 555 Franklin Street, First Floor, San Francisco, on March 14, May 9, July 11, September 12 and November 14, 2005 at 4:00 P.M.; and directing the Clerk of the Board to prepare the proper notices and postings.

2/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

34. 050170 [Final Map for a 5 Unit Residential Condominium Project - 1562-1564-1566-1568-1570 Fell Street]
Motion approving Final Map of 1562-1564-1566-1568-1570 Fell Street, A Residential Condominium Project, being a subdivision of Lot 15 in Assessor's Block No. 1207, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

2/7/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

35. 050249 [Final Map for a 13 Unit Residential Condominium Project - The Parkside 2418 20th Avenue]
Motion approving Final Map of The Parkside 2418 20th Avenue, A Residential Condominium Project, being a subdivision of Lot 31A in Assessor's Block No. 2406, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

2/7/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

36. 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 February 1, 2005 through February 7, 2005, for reference by President to appropriate committee on February 15, 2005.

050245 [Settlement of Lawsuit - John Miller]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against John Miller for the receipt of $45,000; the lawsuit was filed on March 11, 2003 in San Francisco Superior Court, Case No. 418-214; entitled City and County of San Francisco, et al., v. John Miller, et al. (City Attorney)

2/7/2005, RECEIVED AND ASSIGNED to Rules Committee.

050246 [Settlement of Lawsuit - Kemper Insurance Co.]
Ordinance authorizing settlement of the lawsuit filed by Kemper Insurance Co. by and through American Manufacturers Mutual Insurance Co. against the City and County of San Francisco for $46,344.48; the lawsuit was filed on December 23, 2004 in San Francisco Superior Court, Case No. 437-338; entitled Kemper Insurance Co, et al., v. City and County of San Francisco, et al. (City Attorney)

2/7/2005, RECEIVED AND ASSIGNED to Rules Committee.

050247 [Settlement of Lawsuit - 18th and Arkansas Homeowners Association, et al., v. CCSF, et al.]
Ordinance authorizing settlement of the lawsuit filed by 18th and Arkansas Homeowners Association, 1220 Folsom Street Owners' Association, 2412 Harrison Street Owners' Association, India Cove Homeowners Association, 700 Illinois Street Owners' Association, 1415 Indiana Street Owners' Association, Penn Station Lofts Owners' Association, 226 Ritch Street Owners Association, 650 Second Street Owners' Association, San Francisco Flower Growers Association, 2030 Third Street Homeowners' Association, Tehama Lofts Condominium Owners' Association, 1011 23rd Street Owners' Association, and 239 8th Street Homeowners' Association against the City and County of San Francisco for $65,424.81; the lawsuit was filed on September 27, 2003 in the San Francisco Superior Court, Case No. 424-484; entitled 18th and Arkansas Homeowners Association, et al., v. City and County of San Francisco, et al.

2/7/2005, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from February 1, 2005 through February 7, 2005, for reference by President to appropriate committee on February 15, 2005.

050165 [Airport Concession Lease]
Resolution approving the Remote Terminal Food and Beverage Lease between Bassam & Nancy Shihadeh dba Deli Up Caf�, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)

2/2/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050248 [Settlement of Claim - Liberty Mutual Insurance Company]
Resolution approving the settlement of the unlitigated Claim No. 04-02628 filed by Liberty Mutual Insurance Company as subrogee for Cresleigh Management on March 10, 2004 against the City and County of San Francisco for $33,466.09. (City Attorney)

2/7/2005, RECEIVED AND ASSIGNED to Rules Committee.

050251 [Petitions and Communications]
Petitions and Communications received from February 1, 2005 through February 7, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on February 15, 2005.

From C. Lundberg & J. Adams, submitting request to transfer a type 20 liquor license from 335 Powell Street to 2118 Union Street, which will be known as WineStyles.(1)

From Stephen Williams, regarding agreement to continue appeal of exemption from environmental review for 1730-1750 Van Ness Avenue from February 8, 2005 to an indefinite continuance to permit the negotiations to run their course. File 041275, Copy: Each Supervisor(2)

From Office of the Legislative Analyst, submitting report regarding provisional employee hiring practices with other California municipalities' practices of hiring and promoting provisional employees. File 041274(3)

From Superintendent of Schools, submitting the expenditure plan for the Public Education Enrichment Fund for school year 2005-2006.(4)

From Office of the Controller, submitting report concerning the financial review of the Chinatown Economic Development Group.(5)

From Office of the Legislative Analyst, submitting report regarding on model municipalities with respect to establishing a sports commission in the City and County of San Francisco. File 041552(6)

From Fire Department, submitting notice that on December 17, 2004 an annual inspection relating to fire and life safety was conducted at the Mission Police Station at 630 Valencia Street.(7)

From Office of the Treasurer, submitting the investment activity (for fiscal year to date) of the portfolios under management.(8)

From Office of the Treasurer/Tax Collector, submitting the Cash Difference and Overage Fund balance and activities reported to this office for the period ending December 31, 2004.(9)

From Supervisor Daly, submitting support for the appointment of Eileen Hansen to Seat One of the San Francisco's Ethics Commission. Copy: Each Supervisor(10)

From Office of the Controller, submitting report concerning the concession audit of American Airlines.(11)

From Office of the Mayor, designating Supervisor Elsbernd as Acting-Mayor from 9 a.m. on February 8, 2005 until 11 a.m. on February 9, 2005. Copy: Each Supervisor(12)

From various signators, submitting Form 700 Statement of Economic Interests: (13)
Cheryl Brodie, Legislative Assistant to Supervisor Mirkarimi
Tina Tom, Legislative Assistant to Supervisor Sandoval
Andrew Hayward, Legislative Assistant to Supervisor Dufty

From Planning Department, submitting notice that on February 7, 2005, the Planning Department rescinded prior determination of Categorical Exemption of projects at 1187 and 1189 Stanyan Street pending further review of the project. Copy: Each Supervisor(14)

From Tree Shapers, LLC, urging the Board to reconsider the proposed redevelopment of Stanyan Street and Woodland Avenue. File 050031, Copy: Each Supervisor(15)

From Mayor's Office on Disability, submitting notice that the metal barriers in the Tenderloin (specifically Golden Gate Avenue between Hyde Street and Jones Street, Hyde Street between Golden Gate Avenue and Turk Street, and Leavenworth between Turk and McAllister) do not constitute a violation of the ADA or any other access code.(Reference No. 20041214-004) Copy: Supervisor Daly(16)

From Economic and Workforce Development Department, submitting request for release of reserved funds in the amount of $823,367 for the Economic and Workforce Development Department.(17)

From Vernon Humphrey, regarding the increased litter in the gutters and in front of businesses on the sidewalks of Diamond, Chenery and Wilder Streets in Glen Park. Copy: Each Supervisor(18)

From concerned citizens, commenting on Muni's proposal to raise fares in the near future. Copy: Each Supervisor(19)

From concerned citizens, submitting support for proposed legislation that bans smoking in public parks. File 041307, Copy: Each Supervisor(20)

From concerned citizens, submitting various communications to and from Richard Skaff regarding ADA access in various locations in San Francisco.(21)

From James Chaffee, regarding an article from the Bay Guardian (10/27/04) that outlines recent ethics violation fines assessed against James Sutton.(22)

From concerned citizens, submitting support for the proposed Civil Service Reform measure to be presented to the voters at this November's election.(23)

From concerned citizens, submitting support for adoption of an ordinance requiring a 17 cent fee on each plastic and paper bag provided at supermarket checkout counters. File 050208, Copy: Each Supervisor(24)

From Raymond Levy, Inc., submitting copy of a Stop Notice that was served to the Director of Public Works. (25)

From L. Adler, submitting comments on the proposed smoking ban in public parks. File 041307, Copy: Each Supervisor(26)

From concerned citizens, submitting support for proposed resolution giving St. Brigid's Church landmark status. File 050194, Copy: Each Supervisor(27)

From Leal Charonnat, submitting updated plans for a room addition at 263 Staples Avenue. (28)

From concerned citizens, commenting on the proposed condominium lottery in San Francisco. File 050177(29)

From A. Roensch, submitting opposition to proposal to giving St. Brigid's Church landmark status. File 050194, Copy: Each Supervisor(30)

From Sue Vaughan, urging the Board and Mayor to uphold the appeal of the Harding Theater. File 050087, Copy: Each Supervisor(31)

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.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
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 translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
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 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 various chemical based products.

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 Adele Destro 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 Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

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

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES






		Motion to approve the January 8, 2005 and January 11, 2005 Board Meeting Minutes.

	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.

	Recommendation of the Rules Committee






		Present: Supervisors Maxwell, Alioto-Pier, Mirkarimi

1.	041764	[Settlement of Lawsuit - American Motorists Insurance Company]
		Ordinance authorizing settlement of the lawsuit filed by American Motorists Insurance Company against the City and County of San Francisco for $85,000; the lawsuit was filed on November 14, 2001 in San Francisco Superior Court, Case No. 401-290; entitled American Motorists Insurance Co., et al., v. City and County of San Francisco, et al. (City Attorney)


		2/8/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?








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

	Recommendation of the City Services Committee






		Present: Supervisors Dufty, Elsbernd

2.	041488	[Regulating Computer Rental Businesses]	Supervisor Ma
		Ordinance adding Article 10.2 to the San Francisco Police Code, regulating businesses that rent computer time to patrons by prohibiting minors from using game controllers or renting computer time for purposes of gaming during certain times, requiring supervision, regulating waiting lists, posting hours of operation, and providing for a penalty.


		2/8/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use Committee






		Present: Supervisors Maxwell, Sandoval, McGoldrick

3.	050092	[Designating 351-9th Avenue, the Richmond/Senator Milton Marks Branch Library, as a Landmark under Planning Code Article 10]	Supervisor Ma
		Ordinance designating 351-9th Avenue, the Richmond/Senator Milton Marks Branch Library, as Landmark No. 247 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

4.	050187	[Changing Official Width of Sidewalk]
		Ordinance Amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1565 to change the official sidewalk widths on the easterly side of Waverly Place; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk widths changes. (Public Works Department)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

5.	050098	[Grant of Metropolitan Transportation Commission Funds]
		Resolution authorizing the Municipal Transportation Agency to accept and expend $212,490 of funds from the Metropolitan Transportation Commission to perform site preparation work at San Francisco Municipal Railway facilities necessary for the installation of TransLink(r) equipment. (Municipal Transportation Agency)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee




		Present: Supervisors Alioto-Pier, Peskin

6.	050134	[Requiring City offices to display signs, brochures, and forms for the San Francisco Working Families Credit Program]	Mayor, Supervisors Maxwell, Dufty
		Ordinance amending the San Francisco Administrative Code by adding Section 12S.2, to require City offices to display signs, brochures and forms for the San Francisco Working Families Credit Program.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	050116	[Meeting Schedule]
		Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the May 31, 2005, July 5, 2005, October 11, 2005, November 29, 2005, December 27, 2005 and January 17, 2006, Board meetings and by canceling all Board and Committee meetings from August 17 through September 5, 2005. (Clerk of the Board)



		Question: Shall this Resolution be ADOPTED?

8.	050050	[Limiting Single Supervisor's Ability to Call Matters from Committee]	Supervisor Peskin
		Motion amending the Rules of Order of the Board of Supervisors to amend Rule 5.31 Failure of a Committee to Act within 30 Days and Rule 2.14 Committee Action, thereby allowing four Supervisors to call a matter from Committee and allowing one Supervisor to call a matter from Committee that has not been heard in Committee within thirty days of assignment to Committee.



		Question: Shall this Motion be ADOPTED?

9.	050131	[Rules of Order of the Board - Board Member Report on activities at Regional Agencies]	Supervisor Peskin
		Motion amending the Rules of Order 3.9 Roll Call for Introductions to provide a report on activities at regional agencies.



		Question: Shall this Motion be ADOPTED?

	SPECIAL ORDER 4:00 P.M.




		APPEAL PROCEDURES Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2.

10.	050087	[Public Hearing - Conditional Use Appeal for 606-624 Divisadero Street and 1278 Hayes Street,]
		Hearing of persons interested in or objecting to the Planning Commission by its Motion No. No.16921 dated December 9, 2004, approving Conditional Use Application No. 2003.0807CEK, subject to certain conditions, allowing the development of a lot greater than 9,999 square feet and the creation of parking in amounts greater than accessory on a lot in an NC-2 (Small Scale Neighborhood Commercial) District and a 65-A Height and Bulk District, on property located at 606-624 Divisadero Street and 1278 Hayes Street, northeast corner of Divisadero and Hayes Streets; Lot 002J, Assessor's Block 1202. The appellants are opposing the proposed demolition of an assembly building (currently a Baptist Church and before that the Harding Theater) in this neighborhood. (Appellant: David Tornheim, representing the Central City Progressives.)

		(Filed 1/10/05; companion measure to Files 050087, 050088, 050089, 050090, 050091; District 5.)
		2/1/2005, CONTINUED. Continued to February 15, 2005.


		Action:___________________________




	Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the conditional use application decision described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

	(Only one of the following two motions should be adopted.)

11.	050088	[Appeal, Conditional Use - 606-624 Divisadero Street and 1278 Hayes Street]
		Motion approving decision of the Planning Commission by its Motion No. 16921, approving Conditional Use Application 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)


		2/1/2005, CONTINUED. Continued to February 15, 2005.


		Question: Shall this Motion be ADOPTED?

12.	050089	[Appeal, Conditional Use - 606-624 Divisadero Street and 1278 Hayes Street]
		Motion disapproving decision of the Planning Commission by its Motion No. 16921, approving Conditional Use Application 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street. (Clerk of the Board)


		2/1/2005, CONTINUED. Continued to February 15, 2005.


		Question: Shall this Motion be ADOPTED?

13.	050090	[Findings -606-624 Divisadero Street and 1278 Hayes Street]
		Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2003.0807CEK on property located at 606-624 Divisadero Street and 1278 Hayes Street, for action by the Board at its next meeting. (Clerk of the Board)


		2/1/2005, CONTINUED. Continued to February 15, 2005.


		Question: Shall this Motion be ADOPTED?

14.	050091	[Environmental Review - 606-624 Divisadero Street and 1278 Hayes Street]
		Motion certifying review of Final Negative Declaration relating to proposed Conditional Use of Property at 606-624 Divisadero Street and 1278 Hayes Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)


		2/1/2005, CONTINUED. Continued to February 15, 2005.


		Question: Shall this Motion be ADOPTED?

15.	050031	[Public Hearing - Appeal of Categorical Exemptions for 1187-1189 Stanyan Street]
		Hearing of persons interested in or objecting to the decisions of the Planning Department dated May 14, 2004, approving the following projects to be categorically exempt (Class 3a, allowing up to three-single-family residences in urbanized areas) from environmental review under CEQA: 1. Project described in Building Permit Application No. 2003.09.18.5180 (new single-family dwelling at 1187 Stanyan Street in Assessor's Block 2644, Lot 006); and 2. Project described in Building Permit Application No. 2003.09.18.5184 (new single-family dwelling at 1189 Stanyan Street in Assessor's Block 2644, Lot 007). (Appellants: Deanna Jones, on behalf of Stanyan Street Neighbors and Molley Lowry on behalf of Woodland Avenue Association; Timothy Tosta representing Alvin Pelavin, Elaine Pelavin and Peter Pelavin.)

		(Filed December 31, 2004; companion measure to Files 050032, 050033, 050034; District 5.)

		Action:___________________________

16.	050032	[Affirming the categorical exemptions issued for 1187 and 1189 Stanyan Street]
		Motion affirming the determinations by the Planning Department that the two single-family home projects at 1187 Stanyan Street and 1189 Stanyan Street are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

17.	050033	[Disapproving the categorical exemptions issued for 1187 and 1189 Stanyan Street]
		Motion disapproving the determinations by the Planning Department that the projects at 1187 Stanyan Street and 1189 Stanyan Street are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

18.	050034	[Preparation of findings related to the categorical exemptions issued for 1187 and 1189 Stanyan Street]
		Motion directing the Clerk of the Board to prepare findings related to the appeals of the determinations by the Planning Department that the projects at 1187 Stanyan Street and 1189 Stanyan Street are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

19.	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.