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 22, 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 25, 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.

Items 1 through 5

Recommendation of the Budget and Finance Committee

Present: Supervisors Ammiano, Daly, Elsbernd

1. 050197 [Contract funds to evaluate the impact of a resource center for drug users, Year 2] Supervisor Ammiano
Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services (SFDPH, CBHS), to enter retroactively into Year 2 of an agreement with the University of California San Francisco (USCSF), the primary contractor, and expend funds in the amount of $11,836 to provide evaluation services; for the period of July 1, 2004 to June 30, 2005.

Question: Shall this Resolution be ADOPTED?

Recommendation of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

2. 050096 [Accept-Expend Federal/State Pass Through Grant]
Resolution authorizing the Department of Public Library to accept and expend an augmentation grant in the amount of $5,405 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. (Public Library)

Question: Shall this Resolution be ADOPTED?

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] Supervisors Ma, Peskin, Elsbernd, McGoldrick, Maxwell, Dufty, Mirkarimi, Ammiano, Sandoval
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)

2/15/2005, PASSED ON FIRST READING. Supervisors Peskin, Elsbernd, McGoldrick, Maxwell, Dufty, Mirkarimi, Ammiano, and Sandoval requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, McGoldrick

4. 050187 [Changing Official Width of Sidewalk] Supervisor Peskin
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)

2/15/2005, PASSED ON FIRST READING. Supervisor Peskin requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee

Present: Supervisors Alioto-Pier, Peskin

5. 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.

2/15/2005, 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

NEW BUSINESS

Recommendations of the Budget and Finance Committee

Present: Supervisors Ammiano, Daly, Elsbernd

6. 050045 [Sale of City Property]
Ordinance ordering the sale at public auction of City-owned property located at 1648 Pacific Avenue and 2350 19th Avenue; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing other actions in furtherance of this ordinance. (Real Estate Department)

(Supervisor Daly dissenting in Committee.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 041732 [Settlement of Grievance - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38]
Resolution approving the settlement of the grievance (ERD No. 40-03-1142) filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38 ("Union") on behalf of Grievants, as identified in Exhibit A attached hereto, against the City and County of San Francisco for $109,270.76. Other material term of said settlement is that Grievants and Union shall release all claims relating to the aforementioned grievance (ERD No. 40-03-1142). (City Attorney)

Question: Shall this Resolution be ADOPTED?

8. 050081 [Public Auction]
Resolution authorizing Tax Collector to sell at public auction certain parcels of tax-defaulted real property.

Question: Shall this Resolution be ADOPTED?

9. 050082 [Exchange of real property within the Japan Center Garage (Lot 34, 35, Assessor's Block 700)]
Resolution authorizing the exchange of certain City-owned real property generally known as a portion of Lot 35, Assessor's Block 700 for certain property owned by Dae Woong Kim, et al generally known as a portion of Lot 34, Assessor's Block 700; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the exchange 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)

Question: Shall this Resolution be ADOPTED?

10. 050097 [Extending Provisional Appointments]
Resolution approving, retroactively, extension to June 30, 2005 of provisional appointments of employees in classifications H-30 Captain (Fire Department), 0922 Manager I, 0923 Manager II, 0931 Manager III, 0932 Manager IV, 0933 Manager V, 0941 Manager VI, 0943 Manager VIII, 1952 Purchaser, 5212 Principal Engineer, 7328 Operating Engineer, Universal, and 8216 Senior Parking Control Officer. (Human Resources Department)

Question: Shall this Resolution be ADOPTED?

Recommendation of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

11. 041611 [Authorization for a Local Disease Prevention Demonstration Project] Supervisors Dufty, Ammiano
Ordinance amending the Health Code to add Section 31 authorizing the Department of Public Health to create and operate a Disease Prevention Demonstration Project to register pharmacies to sell or furnish hypodermic needles without a prescription as allowed under State law, such registration to consist of the department maintaining a list of participating pharmacies, providing such pharmacies with written information for customers on how to access drug treatment, HIV and Hepatitis C testing and treatment, and safe disposal of sharps waste.

Question: Shall this Ordinance be PASSED ON FIRST READING?

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.

12. 050037 [Public Hearing - Appeal of Categorical Exemption for 837-847 Montgomery Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated December 13, 2004, Case No. 2004.0924E, approving the proposed conversion of an existing office use in two adjoining three-story-over-basement masonry buildings to 13-residential units with basement parking for up to 9 cars; construction of two-additional floors and a stair penthouse, and removal of alterations made to the ground-floor fa�ade and replacement with a new storefront design. The project site is a 6,800 sq. ft. parcel located at 837-847 Montgomery Street, Assessor's Block 176, Lots 3 and 3A, within the C-2 (Community Business) zoning district and a 65A height and bulk district.

The existing buildings are within the Jackson Square Historic District. (Appellant: San Francisco Architectural Heritage represented by their Attorney, Susan Brandt-Hawley, Brandt-Hawley Law Group.)

(Filed January 5, 2005; companion measure to Files 050038, 050039, 050040; District 3.)

2/8/2005, CONTINUED. Continued to February 22, 2005

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.)

13. 050038 [Affirming the categorical exemption issued for 837-847 Montgomery Street]
Motion affirming the determination by the Planning Department that the 837-847 Montgomery Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

2/8/2005, CONTINUED. Continued to February 22, 2005

Question: Shall this Motion be ADOPTED?

14. 050039 [Disapproving the categorical exemption issued for 837-847 Montgomery Street]
Motion disapproving the determination by the Planning Department that the 837-847 Montgomery Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

2/8/2005, CONTINUED. Continued to February 22, 2005

Question: Shall this Motion be ADOPTED?

15. 050040 [Preparation of findings related to the categorical exemption issued for 837-847 Montgomery Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 837-847 Montgomery Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

2/8/2005, CONTINUED. Continued to February 22, 2005

Question: Shall this Motion be ADOPTED?

16. 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.

17. 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 18 through 33

18. 050257 [Supporting California Health Care Coalition of California Works] Supervisor Ammiano
Resolution supporting the California Health Care Coalition of the California Works Foundation and participating with other public and private purchasers determined to bring significantly greater performance accountability and transparency to the healthcare industry.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

19. 050258 [Amending the terms of all Board of Supervisors' appointees to the Treasure Island/Yerba Buena Island Citizens Advisory Board] Supervisor Daly
Resolution amending the terms of all Board of Supervisors' appointees to the Treasure Island/Yerba Buena Island Citizens Advisory Board (the "TICAB") to be consistent with the Bylaws of the TICAB.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

20. 050259 [Urging the United States Government to comply with international law regarding the use of torture] Supervisors Daly, Mirkarimi
Resolution urging the United States Government to comply with international law regarding the use of torture.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

21. 050260 [Open Government: Reinstating CityWatch Telecasts] Supervisors Daly, Ammiano
Resolution to protect open government by re-instating cable programming for the Police and Planning Commissions on San Francisco Government Television, CityWatch.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

22. 050261 [Accept-Expend Grant from National Endowment for the Arts for Arts Commission] Supervisor Dufty
Resolution authorizing the San Francisco Arts Commission to accept and expend a grant in the amount of $50,000 from the National Endowment for the Arts for the advancement of arts education in the San Francisco Unified School District through the efforts and administration of the Arts Education Program.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

23. 050262 [Honoring and commending Community Housing Partnership] Supervisors Dufty, Daly
Resolution honoring and commending Community Housing Partnership for fifteen years of providing an alternative approach to the crisis of homelessness in San Francisco.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

24. 050263 [Commending International Women's Day] Supervisors Ma, Maxwell, Alioto-Pier
Resolution commending International Women's Day.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

25. 050264 [Arts Education Month] Supervisor Ma
Resolution declaring March 2005 to be "Arts Education Month" in the City and County of San Francisco.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

26. 050265 [Bill Price Day] Supervisors Mirkarimi, Ma
Resolution declaring "Bill Price Day" in San Francisco on February 24th 2005 on the occasion of his 90th birthday.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 050267 [Proclaiming March 2005 as Social Worker Month in San Francisco] Supervisors Maxwell, Ma, Dufty
Resolution proclaiming March 2005 as Social Worker Month in San Francisco.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 050268 [Commending Dale Hess] Supervisors Maxwell, Peskin
Resolution commending Dale Hess for his years of contribution to the City and County of San Francisco and proclaiming March 2, 2005 as Dale Hess Day in San Francisco.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 050269 [Commending the San Francisco Independent Living Resource Center] Supervisor Maxwell
Resolution commending the San Francisco Independent Living Resource Center and their partners of the "San Francisco Cross Agency Training on Health, Benefits, Work and Disability" for their efforts to provide workers and job seekers with disabilities accurate information and access to their rights at the workplace.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 050270 [Opposing President Bush's Proposed Cuts in Community Development Funding] Supervisor Sandoval
Resolution opposing President Bush's proposed cuts in community development funding.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 050271 [Urging State to adopt Ten Year Plan to End Chronic Homelessness] Mayor, Supervisor Daly
Resolution urging the State of California to adopt a Ten Year Plan to End Chronic Homelessness by 2006.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 050272 [Urging Congress to approve funding for housing and supportive services for the chronically homeless] Mayor, Supervisor Dufty
Resolution urging Congress to approve $200 million for the Samaritan Initiative to implement housing and supportive services strategies to end chronic homelessness.

2/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 050252 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.

2/15/2005, 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:_________________________________________

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 February 8, 2005 through February 14, 2005, for reference by President to appropriate committee on February 22, 2005.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from February 8, 2005 through February 14, 2005, for reference by President to appropriate committee on February 22, 2005.

050237 [Accept-Expend Grant]
Resolution authorizing the Public Library to retroactively accept and expend a grant in the amount of $23,400 from the Friends of the San Francisco Public Library for a part-time, as needed, editor for the publication, At the Public Library. (Public Library)

2/11/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050291 [Petitions and Communications]
Petitions and Communications received from February 8, 2005 through February 14, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on February 22, 2005.

From concerned citizens, submitting opposition to proposal to charge a 17-cent fee on each plastic and paper bag provided to customers at grocery store checkout counters. Approximately 300 letters(1)

From Planning Department, submitting copy of letter sent to Mission Coalition for Economic Justice and Jobs regarding their continued belief that they were excluded from discussions about the Mission District. Copy: Supervisor Ammiano(2)

From concerned citizens, submitting support for the proposal to charge a 17-cent fee on each plastic and paper bag provided to customers at grocery store checkout counters. 2 letters(3)

From the Russian Hill Improvement Association, urging the Board to draft and pass legislation requiring the City to notify the public of the intent to remove or substantially alter any tree or trees that would environmentally impact a neighborhood or locate. Copy: Supervisor Peskin(4)

From Karen Erickson, submitting support for proposed legislation regarding Tenancies in Common. Copy: Supervisors Alioto-Pier, Dufty(5)

From James Chaffee, regarding the controversy of the San Francisco Public Library adopting "Radio Frequency Identification" also known as RFID, for its circulation and security system. Copy: Each Supervisor(6)

From S.F. Botanical Garden, submitting opposition to proposal to build several housing units on the east-facing slope of Mt. Sutro in San Francisco. File 050031, Copy: Each Supervisor(7)

From Office of the Controller, submitting the six-month Budget Status Report that is based on sources of funds received and uses of funds from July 1, 2004 through December 31, 2004. Copy: Each Supervisor(8)

From Office of the Legislative Analyst, submitting report analyzing the impact of the proposed Limited Equity Conversion ordinance on the City's rental housing stock, the vacancy rate, and low and high-income renters. File 032031(9)

From Barry Eisenberg, submitting opposition to the Port Commission's proposal to bring the USS Iowa to San Francisco as a tourist attraction. (10)

From SF Environment, submitting request for the release of reserved funds in the amount of $237,863 to pay rent for the remainder of the fiscal year, and to have the flexibility to negotiate with landlord for additional space as needed.(11)

From Department of Public Works, submitting request for release of reserved funds in the amount of $1,677,339 to fund the construction of a current alleyway construction contract and the design and construction of two future alleyway construction contracts. (12)

From Interim Administrator, Sunshine Ordinance Task Force, submitting copy of letter sent to Ahimsa Sumchai confirming receipt of modified complaint dated 1/20/05.(13)

From Redevelopment Agency, submitting findings in connection with the proposed ordinance adopting and approving the redevelopment plan for the Transbay Redevelopment Project Area.File 050184, Copy: Each Supervisor(14)

From Department of Parking and Traffic, concerning the feasibility of installing an all-way stop control at the intersection of Fillmore and Grove Streets. (Reference No. 20050111-006) Copy: Supervisor Mirkarimi(15)

From Department of Parking and Traffic, concerning the feasibility of installing additional stop signs at the intersection of Del Sur Avenue and Juanita Way. (Reference No. 20041019-001) Copy: Supervisor Elsbernd(16)

From Lloyd Schloegel, submitting opposition to demolishing the UC Berkeley Extension Campus on Laguna Street and build affordable housing units at that site; and suggesting a park is needed in that area.(17)

From concerned employee, submitting copy of letter sent to Department of Human Resources regarding violence in the workplace.(18)

From Immigrant Rights Commission, submitting copy of letter sent to several City departments regarding requirement to submit an annual compliance plan for review and approval by February 1, 2005.Copy: Each Supervisor(19)

From Lori Eppstein, submitting copy of petition (with 30 signatures) sent to the Planning Department opposing the installation of additional cell phone antennas at 2000 Van Ness Avenue.(20)

From concerned citizens, submitting support for the appointment of Eileen Hansen to the Ethics Commission. File 041775, 11 letters(21)

From concerned citizens, submitting opposition to the appointment of Eileen Hansen to the Ethics Commission. File 041775, 3 letters(22)

From concerned citizens, submitting support for the proposed Civil Service Reform measure to be placed before the voters at this November 2005 election.
(23)

From concerned citizens, urging the Board to draft legislation that will do more to attract jobs and businesses to San Francisco.(24)

From SF Neighborhood Theater Foundation, submitting opposition to the Planning Commission's approval of Conditional Use for property located 606-624 Divisadero and 1278 Hayes Street that would demolish an assembly building (currently a Baptist Church and before that the Harding Theater). File 050087, Copy: Each Supervisor(25)

From Department of Public Health, submitting quarterly AIDS surveillance report through December 2004.(26)

From Office of the Controller, submitting report concerning audit of Advent Capital Management, LLC and its compliance with the City and County of San Francisco ordinance prohibiting the use of city funds for political activity.(27)

From Shute, Mihaly & Weinbeger LLP, regarding the City and County of San Francisco v. Myers Natoma Venture et al., San Francisco Superior Court, Case No. 435-334. Copy: Supervisor Daly, City Attorney (28)

From Marilyn Amini, urging the Board to re-refer to the Rules Committee the proposed legislation limiting a single Supervisor's ability to call a matter from Committee. File 050050, Copy: Each Supervisor(29)

From Central City Progressives, submitting exhibit 17 to appellant's pre-hearing submission for the Harding Theater located at 606-624 Divisadero Street and 1278 Hayes Street. File 050087, Copy: Each Supervisor(30)

From Ahimsa Sumchai, submitting various communications alleging criminal violations with the Hunters Point Shipyard Development Plan.(31)

From concerned citizens, submitting support for proposed resolution giving St. Brigid's Church landmark status.File 050194, Copy: Each Supervisor(32)

From Via Vigil, commenting on the issue of St. Brigid's Church and several reasons why it should remain closed.File 050194, Copy: Each Supervisor(33)

From Sean Patrick Monette-Shaw, submitting letter regarding social rehabilitation at Laguna Honda Hospital. File 050058, Copy: Each Supervisor(34)

From Susan Vaughan, submitting support for enforcing the ban of vehicles 6,000 pounds and over on certain City streets. Copy: Each Supervisor(35)

From Debra Johnson, urging the Board to convene hearings on the matter of UCSF's animal experimentation and hold the members of UCSF accountable for the promises it made to improve the treatment of animals in its labs.(36)

APPOINTMENTS BY THE MAYOR
Health Service Board
Dr. Mitch Katz

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 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 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

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	APPROVAL OF MEETING MINUTES






		Motion to approve the January 25, 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 Budget and Finance Committee






		Present: Supervisors Ammiano, Daly, Elsbernd

1.	050197	[Contract funds to evaluate the impact of a resource center for drug users, Year 2]	Supervisor Ammiano
		Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services (SFDPH, CBHS), to enter retroactively into Year 2 of an agreement with the University of California San Francisco (USCSF), the primary contractor, and expend funds in the amount of $11,836 to provide evaluation services; for the period of July 1, 2004 to June 30, 2005.



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the City Operations and Neighborhood Services Committee




		Present: Supervisors McGoldrick, Dufty, Ma

2.	050096	[Accept-Expend Federal/State Pass Through Grant]
		Resolution authorizing the Department of Public Library to accept and expend an augmentation grant in the amount of $5,405 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. (Public Library)



		Question: Shall this Resolution be ADOPTED?

	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]	Supervisors Ma, Peskin, Elsbernd, McGoldrick, Maxwell, Dufty, Mirkarimi, Ammiano, Sandoval
		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)


		2/15/2005, PASSED ON FIRST READING. Supervisors Peskin, Elsbernd, McGoldrick, Maxwell, Dufty, Mirkarimi, Ammiano, and Sandoval requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	050187	[Changing Official Width of Sidewalk]	Supervisor Peskin
		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)


		2/15/2005, PASSED ON FIRST READING. Supervisor Peskin requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules Committee






		Present: Supervisors Alioto-Pier, Peskin

5.	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.


		2/15/2005, 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:______________________________________________

	Recommendations of the Budget and Finance Committee






		Present: Supervisors Ammiano, Daly, Elsbernd

6.	050045	[Sale of City Property]
		Ordinance ordering the sale at public auction of City-owned property located at 1648 Pacific Avenue and 2350 19th Avenue; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing other actions in furtherance of this ordinance. (Real Estate Department)

		(Supervisor Daly dissenting in Committee.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	041732	[Settlement of Grievance - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38]
		Resolution approving the settlement of the grievance (ERD No. 40-03-1142) filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38 ("Union") on behalf of Grievants, as identified in Exhibit A attached hereto, against the City and County of San Francisco for $109,270.76. Other material term of said settlement is that Grievants and Union shall release all claims relating to the aforementioned grievance (ERD No. 40-03-1142). (City Attorney)



		Question: Shall this Resolution be ADOPTED?

8.	050081	[Public Auction]
		Resolution authorizing Tax Collector to sell at public auction certain parcels of tax-defaulted real property.



		Question: Shall this Resolution be ADOPTED?

9.	050082	[Exchange of real property within the Japan Center Garage (Lot 34, 35, Assessor's Block 700)]
		Resolution authorizing the exchange of certain City-owned real property generally known as a portion of Lot 35, Assessor's Block 700 for certain property owned by Dae Woong Kim, et al generally known as a portion of Lot 34, Assessor's Block 700; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the exchange 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)



		Question: Shall this Resolution be ADOPTED?

10.	050097	[Extending Provisional Appointments]
		Resolution approving, retroactively, extension to June 30, 2005 of provisional appointments of employees in classifications H-30 Captain (Fire Department), 0922 Manager I, 0923 Manager II, 0931 Manager III, 0932 Manager IV, 0933 Manager V, 0941 Manager VI, 0943 Manager VIII, 1952 Purchaser, 5212 Principal Engineer, 7328 Operating Engineer, Universal, and 8216 Senior Parking Control Officer. (Human Resources Department)



		Question: Shall this Resolution be ADOPTED?

11.	041611	[Authorization for a Local Disease Prevention Demonstration Project]	Supervisors Dufty, Ammiano
		Ordinance amending the Health Code to add Section 31 authorizing the Department of Public Health to create and operate a Disease Prevention Demonstration Project to register pharmacies to sell or furnish hypodermic needles without a prescription as allowed under State law, such registration to consist of the department maintaining a list of participating pharmacies, providing such pharmacies with written information for customers on how to access drug treatment, HIV and Hepatitis C testing and treatment, and safe disposal of sharps waste.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	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.

12.	050037	[Public Hearing - Appeal of Categorical Exemption for 837-847 Montgomery Street]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated December 13, 2004, Case No. 2004.0924E, approving the proposed conversion of an existing office use in two adjoining three-story-over-basement masonry buildings to 13-residential units with basement parking for up to 9 cars; construction of two-additional floors and a stair penthouse, and removal of alterations made to the ground-floor fa�ade and replacement with a new storefront design. The project site is a 6,800 sq. ft. parcel located at 837-847 Montgomery Street, Assessor's Block 176, Lots 3 and 3A, within the C-2 (Community Business) zoning district and a 65A height and bulk district. The existing buildings are within the Jackson Square Historic District. (Appellant: San Francisco Architectural Heritage represented by their Attorney, Susan Brandt-Hawley, Brandt-Hawley Law Group.)

		(Filed January 5, 2005; companion measure to Files 050038, 050039, 050040; District 3.)
		2/8/2005, CONTINUED. Continued to February 22, 2005


		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.)

13.	050038	[Affirming the categorical exemption issued for 837-847 Montgomery Street]
		Motion affirming the determination by the Planning Department that the 837-847 Montgomery Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		2/8/2005, CONTINUED. Continued to February 22, 2005


		Question: Shall this Motion be ADOPTED?

14.	050039	[Disapproving the categorical exemption issued for 837-847 Montgomery Street]
		Motion disapproving the determination by the Planning Department that the 837-847 Montgomery Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		2/8/2005, CONTINUED. Continued to February 22, 2005


		Question: Shall this Motion be ADOPTED?

15.	050040	[Preparation of findings related to the categorical exemption issued for 837-847 Montgomery Street]
		Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 837-847 Montgomery Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		2/8/2005, CONTINUED. Continued to February 22, 2005


		Question: Shall this Motion be ADOPTED?

16.	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.

17.	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.