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, March 29, 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

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 7

Recommendations of the Budget and Finance Subcommittee

Present: Supervisors Ammiano, Elsbernd

1. 050330 [Contract between DPH and Triage Consulting Group to provide retroactive claiming of aged accounts services]
Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to continue a contract between the City and County of San Francisco and Triage Consulting Group to provide retroactive claiming of aged accounts services for the period of July 1, 2004 through June 30, 2008. (Public Health Department)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Ammiano, Daly, Elsbernd

2. 041272 [To appropriate funding from the General Reserve to increase available funding in the Election Fund for public financing] Supervisor Daly
Ordinance appropriating, retroactively, $87,678 from the General Fund Reserve to increase funds in the Election Campaign Fund for the purpose of public financing of all eligible candidates for the Ethics Commission for fiscal year 2004-2005.

(Fiscal impact.)

3/22/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

3. 050117 [Re-appropriate funding from Earthquake Safety Bond Phases 1 & 2 proceeds; re-appropriate funding from the Fire Bond proceeds and appropriate interest] Mayor
Ordinance re-appropriating $5,769,221 from the Earthquake Safety Bond Phases 1 & 2 proceeds to fund $2,724,875 on San Bruno Jail construction, $2,746,336 on San Francisco Juvenile Hall Guidance Center Project construction, and $298,010 for 4th Street Bridge construction for fiscal year 2004-05 and backfilling $326,000 of lower COP interest earnings with Earthquake Safety Bond interest earnings for San Bruno Jail construction. Additionally, to re-appropriate $487,610 from the sale of Fire Bond proceeds and to appropriate $1,993,370 from Fire Bond interest earnings to fund construction expenses for Fire Station 2 for the Department of Public Works for fiscal year 2004-2005.

(Fiscal impact.)

3/22/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

4. 050137 [Public Employment - Various Departments] Supervisor McGoldrick
Ordinance amending Ordinance No. 198-04 (Annual Salary Ordinance 2004/2005) reflecting the deletion of 7.4 positions at Airport Commission, Department of Human Resources, Human Services Agency, Public Health, Public Works, Recreation and Park, Human Rights Commission, and the Department on the Status of Women.

(Fiscal impact.)

3/1/2005, SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title.

3/22/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

5. 050061 [Real Property Reporting and Planning] Supervisors Elsbernd, Alioto-Pier, Mirkarimi, Peskin
Ordinance adding Section 23.8 to the San Francisco Administrative Code to establish a City policy that all City departments report annually to the Real Estate Division certain real property information, that relevant property information be recorded and geographically displayed in the Real Estate Information System (REIS), and the Director of Property prepare an annual report to the Board of Supervisors with real property asset management recommendations.

3/22/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

6. 050459 [Appointment - Children and Families First Commission]
Resolution appointing Hector Melendez, term ending April 29, 2006, to the Children and Families First Commission.

Hector Melendez, succeeding Margaret Brodkin, seat 5, resigned, must represent one or more of the following: children services, public health services; behavioral health services, social services and tobacco and other substance abuse prevention and treatment services; recipients of project services included in the county strategic plan; educators specializing in early childhood development; representatives of a local child care resource or referral agency, the Child Care Planning and Advisory Council or another local child care coordinating group; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations that have the goal of promoting and nurturing early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies, for the unexpired portion of a four-year term ending April 29, 2006.

Question: Shall this Resolution be ADOPTED?

7. 050460 [Appointment - Commission on the Aging Advisory Council]
Resolution appointing Sharon Eberhardt, term ending March 31, 2007, to the Commission on the Aging Advisory Council.

Sharon Eberhardt, succeeding Leonard Ke, term expired, seat 9, must be nominee of District 11 Supervisor, for a two-year term ending March 31, 2007.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

8. 050071 [Shopping Cart Signage and Security Requirements] Supervisor Ma
Ordinance amending Part II, Chapter X, of the San Francisco Municipal (Public Works) Code by adding Sections 1410-1414, requiring permanently affixed signs on shopping carts, requiring businesses with carts to post signs prohibiting removal from premises and to secure all carts during hours business is closed.

3/15/2005, CONTINUED. Continued to March 22, 2005

3/22/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use Committee

Present: Supervisors Maxwell, Sandoval

9. 041071 [Amending Planning Code Section 703.3 to prohibit formula retail uses in the North Beach Neighborhood Commercial District] Supervisor Peskin
Ordinance to amend the Planning Code by amending section 703.3 to prohibit formula retail uses in the North Beach Neighborhood Commercial District and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

3/22/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

10. 041571 [Chapter 6 Technical Amendments] Supervisors Ma, Peskin
Ordinance amending San Francisco Administrative Code Chapter 6 to update section 6.2, to add new section 6.9 concerning subcontractor limitation of rights, to add new subsection 6.20(F) for a bidder prequalification process, to add new subsection 6.21(A)(10) to allow a specification requirement for contractor work with its own forces, to revise subsection 6.21(C) to allow a department head to reject all bids, to revise subsection 6.22(J) concerning retention of progressive payments, to add a new subsection 6.22(Q) concerning public work contract claims, to revise section 6.41 concerning subsequent phase competition for design services, to revise section 6.60 emergency contracting procedures, to revise section 6.61 design-build contracting procedures, to revise section 6.62 job order contracting procedures, to revise 6.64 as-needed contracting procedures, and to revise section 6.65 special service contracting procedures.

3/22/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

3/22/2005, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

From the Rules Committee Without Recommendation

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

11. 050136 [Requiring departments to use interdepartmental mail] Supervisor Ma
Ordinance amending Chapter 8 of the Administrative Code by adding a new section 8.17 to require departments to use interdepartmental mail subject to certain limited exceptions.

3/22/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

12. 050178 [Regulations for Junk Dealers] Supervisor Maxwell
Ordinance amending San Francisco Municipal (Police) Code Part II, Chapter VII Sections 974.1, 974.4, 974.11, 974.12, 974.14, 974.15, 974.21 and 974.22, and by renumbering and amending 974.10-1, to align definitions to those of the California Business and Professions Code and to define "buy book", require that a permit applicant include additional information in the permit application, including a requirement that a permit holder inform the Police Department if the business will engage in welding, use of a propane tank, or cutting torches operated by compressed gasses and provide copies of permits for those activities; expand the types of information that the Chief of Police may consider in determining whether to grant the permit including convictions for fraud and crimes related to the environment, permit revocations from other government agencies, and civil penalties imposed related to the operation of a junk dealer or hazardous material or the environment; provide examples of types of "cause" that would justify a revocation of the permit and clarify that the standard of proof is a preponderance of the evidence; clarify the prohibition of operating at another location not listed on the permit; set forth the rules under which the permit holder operates, including a requirement that the permit holder keep all items purchased in the same condition for five days, allow non-peace officer who have the authority to enforce rules and regulations on the premises to inspect, maintain a record of all purchases that includes requiring the seller to produce a valid form of identification for each transaction, maintain the "buy book" in serial-number order for a period of three years and to allow inspection of the book, maintain the sidewalk and other areas adjacent to the premises clear of obstacles, trash and debris, and prevent loitering; clarify that a violation of these provisions is a misdemeanor; and grant the Chief of Police authority to temporarily suspend operation of the business if it presents an immediate threat to the public health and safety; adding Sections 974.10-2 and 974.14-2 to require the permit holder to provide current information to the Chief on an annual basis and to require the Chief to make a determination of whether to move to revoke the permit; and to prohibit the junk dealer from making purchases (1) from anyone who does not have a valid identification, (2) of parts that contain hazardous materials; and (3) of goods that may be stolen; repealing Sections 974.18, 974.19 and 974.24 to repeal the holding period exemption for purchases from other junk dealers; repeal the prior requirements for buy books, and repeal the provision regarding pre-existing permits.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

13. 050181 [General Plan amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the San Francisco General Plan in connection with the Transbay Redevelopment Plan and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.

(Companion measure to Files 050181, 050182, 050183, and 050184.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 050182 [Zoning - Planning Code amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the Planning Code to add Sections 249.27, 263.18, 825, and 825.1 to establish special zoning controls in connection with the Transbay Redevelopment Plan; amending Planning Code Section 270 to reflect the new zoning changes to bulk controls set forth in Section 263.18; adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.

Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 050183 [Zoning Map amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending Sectional Map 1, 1H, and 1SU of the Zoning Map of the City and County of San Francisco in connection with the Transbay Redevelopment Plan and an associated special use district with the Redevelopment Plan Project Area and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, Sandoval

16. 041688 [Residential Rent Ordinance, Additional Keys] Supervisor Daly
Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.13 "Keys" to provide that: the landlord must provide additional keys/key-sets within fourteen (14) days of a tenant's written request unless the landlord denies the request in writing within that time period (the current ordinance does not set a deadline for providing the additional keys/key-sets), and failure to respond within the fourteen days constitutes a substantial decrease in housing services; the landlord may charge only for documented replication costs and may not require other charges or deposits or terms or conditions of any kind, and imposing such other terms or conditions constitutes a substantial decrease in housing services; a tenant's petition to the Rent Board to decide a disputed request may include a failure to respond within fourteen days, or a disagreement regarding terms or conditions for the additional keys/key-sets; and, unreasonable denial of additional keys/key-sets also constitutes a "substantial" decrease in housing services (the word "substantial" is new in this provision).

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, Sandoval, McGoldrick

17. 041748 [Development Agreements] Supervisor Daly
Ordinance amending the San Francisco Administrative Code by amending Sections 56.2 and 56.3 to allow a housing project to enter into a Development Agreement with the City if the project has a minimum of 1,000 units, includes two or more buildings, will be built on a site exceeding two and one-half acres, and provides public benefits beyond those achievable through existing ordinances and regulations; adopting findings under the California Environmental Quality Act.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules Committee

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

18. 050458 [Appointment - Community Choice Aggregation Citizens Advisory Task Force]
Resolution appointing Paul Fenn and Ron Dicks, terms ending May 31, 2006, to the Community Choice Aggregation Citizens Advisory Task Force.

Paul Fenn, new appointment, seat 1, must be an expert on Community Choice Aggregation, for the unexpired portion of a two-year term ending May 31, 2006.

Ron Dicks, new appointment, seat 4, must be a representative of labor, for the unexpired portion of a two-year term ending May 31, 2006.

Question: Shall this Resolution be ADOPTED?

19. 050461 [Appointment - Shelter Monitoring Committee]
Resolution appointing Bruce Allison, Christoph Jones and Diana Valentine, terms ending November 23, 2006, to the Shelter Monitoring Committee.

Bruce Allison, new appointment, seat 1, must be homeless or formerly homeless, for the unexpired portion of a two-year term ending November 23, 2006.

Christoph Jones, new appointment, seat 2, must be homeless or formerly homeless, for the unexpired portion of a two-year term ending November 23, 2006.

Diana Valentine, new appointment, seat 3, must have experience providing direct services to the homeless through a community setting, for the unexpired portion of a two-year term ending November 23, 2006.

(Supervisor Alioto-Pier dissenting on the appointment of Diana Valentine.)
Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

20. 050425 [Hearing - Emergency Ordinance reenacting a Disadvantaged Business Enterprise Program]
Hearing to consider the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency. (Clerk of the Board)

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

21. 050426 [Reenacting a Disadvantaged Business Enterprise Program] Supervisor Ammiano
Emergency Ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.

Question: Shall this Ordinance be FINALLY PASSED?

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

22. 050480 [Public Hearing - Ordinance approving and adopting the Redevelopment Plan for the Transbay Redevelopment Project area]
Hearing to consider the possible adoption of an Ordinance approving and adopting the Redevelopment Plan for the Transbay Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan and related documents and agreements (including a Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement with the Redevelopment Agency of the City and County of San Francisco and the Transbay Joint Powers Authority) are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33679; authorizing official acts (including the execution of agreements) in furtherance of this ordinance. (Clerk of the Board)

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

23. 050184 [Adopting the Redevelopment Plan for the Transbay Redevelopment Project] Mayor, Supervisor Daly
Ordinance approving and adopting the Redevelopment Plan for the Transbay Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan and related documents and agreements (including a Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement with the Redevelopment Agency of the City and County of San Francisco and the Transbay Joint Powers Authority) are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33679; authorizing official acts (including the execution of agreements) in furtherance of this ordinance.

(Fiscal impact.)

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.

24. 050365 [Public Hearing - Appeal of Final Mitigated Negative Declaration for 787 (aka 785) Brannan Street]
Hearing of persons interested in or objecting to the decision of the Planning Department adopted and issued on February 7, 2005, Case 2004.0560E, approving a Final Mitigated Negative Declaration for the proposed construction of a 5-story, approximately 50-foot tall, 29,653 gross-square-foot (gsf) residential building with 56 single room occupancy (SRO) units. The second through fifth floors would include 12 SRO units on each. No off-street parking or off-street loading would be provided. A 900-square foot roof deck would be provided as common usable open space meeting the requirements of Planning Code. The project site is 6,124 square feet in size and currently used as a surface parking lot, located on the northeast corner of Brannan Street and Gilbert Street in the South of Market District. Pedestrian access to the building lobby and the community room would be through one door mid-lot on Brannan. All of the units would be rental units designated as permanently affordable to households with income not exceeding 50% of the City's median income. The project site is zoned SLI (Service Light Industrial) and is within a 50-X Height and Bulk District. Conditional Use authorization is required for SRO units in the SLI district, and parking, rear yard, and permitted obstruction variances would be required for the proposed project. The project is located at 787 (aka 785) Brannan Street, Assessor's Block 3784, Lot 18. (Appellants: Gerrie Scott representing Citizens for Cleaner, Safer SOMA, Anusha Chari, Nathan Letts, et al.)

(Filed February 23, 2005; companion measure to Files 050366, 050367, 050368; District 6.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the negative declaration 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.)

25. 050366 [Affirming adoption of the negative declaration for 787 (aka 785) Brannan Street]
Motion affirming Planning Commission adoption of the final negative declaration for 787 (aka 785) Brannan Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

26. 050367 [Reversing adoption of the negative declaration for 787 (aka 785) Brannan Street]
Motion reversing the Planning Commission adoption of the final negative declaration for 787 (aka 785) Brannan Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

27. 050368 [Preparation of findings to reverse adoption of the negative declaration for 787 (aka 785) Brannan Street]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for 787 (aka 785) Brannan Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 5:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

(Pending approval of File 050510.)

28. 050511 [Hearing - Interim Moratorium on Medical Cannabis Dispensaries]
Hearing to consider the possible adoption of an Urgency ordinance approving an interim zoning moratorium throughout the City for 45 days on clubs or dispensaries where marijuana is grown, purchased or distributed with a medical recommendation and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. (Clerk of the Board)

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

29. 050512 [Zoning - Interim Moratorium on Medical Cannabis Dispensaries] Supervisors Mirkarimi, Alioto-Pier, Maxwell, Peskin, McGoldrick, Elsbernd, Ammiano, Ma, Dufty
Urgency ordinance approving an interim zoning moratorium throughout the City for 45 days on clubs or dispensaries where marijuana is grown, purchased or distributed with a medical recommendation and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.

Question: Shall this Ordinance be FINALLY PASSED?

COMMITTEE REPORTS

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

The following item was considered by the Budget and Finance Subcommittee at a Regular Meeting on Thursday, March 24, 2005 at 11:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, March 29, 2005.

30. 050435 [Rejecting the Mayor's Offer of a Conditional Waiver] Supervisor Daly
Resolution rejecting the Mayor's offer of a conditional waiver to San Francisco Cycling, LLC for the cost of police services.

Question: Shall this Resolution be ADOPTED?

The following item was considered by the Budget and Finance Subcommittee at a Regular Meeting on Thursday, March 24, 2005 at 11:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report as a Special Order on Tuesday, March 29, 2005 at 4:00 p.m.

31. 050184 [Adopting the Redevelopment Plan for the Transbay Redevelopment Project] Mayor, Supervisor Daly
Ordinance approving and adopting the Redevelopment Plan for the Transbay Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan and related documents and agreements (including a Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement with the Redevelopment Agency of the City and County of San Francisco and the Transbay Joint Powers Authority) are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33679; authorizing official acts (including the execution of agreements) in furtherance of this ordinance.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

32. 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.

33. 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

CLOSED SESSION

34. 050463 [Closed Session - Existing Litigation, Potential Litigation] Supervisor Ammiano
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following bankruptcy matter (Chapter 11) in which the City and County of San Francisco is an active participant, and to consider the possibility of affirmative litigation in light of the status of the bankruptcy matter listed below:

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) and (2) permit this closed session. Discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending lawsuit listed below.

In Re: PACIFIC GAS AND ELECTRIC COMPANY, Debtor
U. S. Bankruptcy Court, Northern District of California, No. 01-30923 DM
Federal I. D. No. 94-0742640
Date Filed: 4/6/01

Action:___________________________

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 35 through 49

35. 050510 [Committee of the Whole - March 29, 2005, at 5:00 p.m.] Supervisor Mirkarimi
Motion for the Board of Supervisors to convene as a committee of the whole on March 29, 2005, at 5:00 p.m. to accept public testimony concerning the possible adoption of an urgency ordinance approving an interim zoning moratorium throughout the City for 45 days on clubs or dispensaries where marijuana is grown, purchased or distributed with a medical recommendation and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

36. 050514 [Joint Powers Agreement with the San Francisco Health Authority] Supervisors Ammiano, Daly, Mirkarimi, Elsbernd, McGoldrick, Dufty
Resolution approving Joint Powers Agreement with the San Francisco Health Authority to create a Joint Powers Authority to operate the Non-Medi-Cal health plans currently operated by the San Francisco Health Authority.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 050515 [Commending Double Rainbow Ice Cream] Supervisor Daly
Resolution commending Double Rainbow Ice Cream for 25 years of community service, and their dedication in improving the lives of youth, chronically ill, and homeless individuals in San Francisco.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 050516 [Recycling assistance renewal] Supervisor Dufty
Resolution authorizing the San Francisco Department of the Environment to submit an application for the renewal of a Recycling Market Development Zone designation for the purpose of assisting recycling-based businesses to develop recycled material markets in San Francisco.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 050517 [National Public Health Week] Supervisor Ma
Resolution recognizing April 4-10, 2005, as National Public Health Week in the City and County of San Francisco.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 050518 [San Francisco Veterans Affairs Medical Center] Supervisor Ma
Resolution commending the accomplishments and innovations of the San Francisco Veterans Affairs Medical Center's robust research program.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 050519 [Accept-Expend Federal Grant - 2005 Mayor's Summer Food Service Program] Supervisor Maxwell
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $743,450 from the United States Department of Agriculture for the 2005 Mayor's Summer Food Service Program.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 050520 [Support of Cleaner School Buses for the San Francisco Unified School District] Supervisors Maxwell, Ammiano
Resolution supporting Cleaner School Buses for the San Francisco Unified School District and urging the School District to aggressively pursue a new bus contract that would adhere to all the goals of the city to run clean, low-emission buses.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 050521 [Urging Governor Schwarzenegger and the California Legislature to ensure that California gets its fair share of federal funding] Supervisor McGoldrick
Resolution urging Governor Arnold Schwarzennegger, the California Congressional Delegation, and the State Legislature to work together to ensure that the 2006 federal budget now under consideration provides California its fair share of federal funding.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

44. 050522 [Urging the Mayor to release funds to the Department of Public Health] Supervisor McGoldrick
Resolution urging the Mayor to release funding for the Department of Public Health to fund Public Health Nurses, Senior Medical Social Workers, and a Health Care Billing Clerk in FY 04-05.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

45. 050523 [Urging Governor Schwarzenegger to re-visit California's "Three Strikes" law] Supervisor McGoldrick
Resolution urging Governor Schwarzenegger to re-visit the "Three Strikes" law adopted by California voters and the state legislature in 1994.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

46. 050524 [California National Guard and the War in Iraq] Supervisors McGoldrick, Mirkarimi, Daly
Resolution urging the Governor of California to request the Pentagon, the President and Congress to take steps to withdraw California National Guard troops from Iraq.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

47. 050539 [Far West Fungi Day] Supervisors Peskin, Maxwell, Ammiano
Resolution declaring April 1, 2005 Far West Fungi Day in San Francisco.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

48. 050540 [Traffic Conditions on Telegraph Hill Boulevard] Supervisor Peskin
Resolution urging the Municipal Railway, Department of Parking and Traffic and Recreation and Parks Department to implement a Public Transit and Traffic Facilitation Pilot Program on Telegraph Hill Boulevard in the summer of 2005.

3/22/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

49. 050538 [Supporting the Youth Commission's leadership and participation in the Department of Children, Youth, and Families' 3% Youth Initiated Projects Initiative] Supervisor Peskin
Motion supporting the Youth Commission's leadership and participation in the Department of Children, Youth, and Families' 3% Youth Initiated Projects Initiative.

3/22/2005, 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:_________________________________________

50. IMPERATIVE AGENDA

Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from March 15, 2005 to March 21, 2005, for reference by President to appropriate committee on March 29, 2005.

050415 [Establishing a tour bus restriction on Baker Street]
Ordinance amending the San Francisco Police Code by adding Section 1183.35 to establish a tour bus restriction on Baker Street between Richardson Avenue and Union Street. (Parking and Traffic Department)

(3/14/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2975.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050420 [Establishing a tour bus restriction on Broderick Street]
Ordinance amending the San Francisco Police Code by adding Section 1183.36 to establish a tour bus restriction on Broderick Street between Richardson Avenue and Union Street. (Parking and Traffic Department)

(3/14/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2975.)

3/18/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050421 [Establishing a tour bus restriction on Chestnut Street]
Ordinance amending the San Francisco Police Code by adding Section 1183.32 to establish a tour bus restriction on Chestnut Street between Lyon Street and Richardson Avenue. (Parking and Traffic Department)

(3/14/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2975.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050478 [Establishing a tour bus restriction on Greenwich Street]
Ordinance amending the San Francisco Police Code by adding Section 1183.33 to establish a tour bus restriction on Greenwich Street between Lyon and Divisadero Streets. (Parking and Traffic Department)

(3/14/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2975.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050479 [Establishing a tour bus restriction on Filbert Street]
Ordinance amending the San Francisco Police Code by adding Section 1183.34 to establish a tour bus restriction on Filbert Street between Lyon and Divisadero Streets. (Parking and Traffic Department)

(3/14/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2975.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050525 [Establishing commercial vehicle weight restrictions on Broderick Street]
Ordinance amending the San Francisco Traffic Code by adding Section 28.5.58 to establish a commercial weight restriction on Broderick Street between Richardson Avenue and Union Street. (Parking and Traffic Department)

(3-14-05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2974.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050526 [Extending commercial vehicle weight restriction on Chestnut Street]
Ordinance amending the San Francisco Traffic Code by amending Section 28.5.9 to extend the commercial vehicle weight restriction on Chestnut Street to include Chestnut Street between Lyon and Broderick Streets. (Parking and Traffic Department)

(3-14-05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2974.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050527 [Establishing commercial vehicle weight restrictions on Greenwich Street]
Ordinance amending the San Francisco Traffic Code by adding Section 28.5.57 to establish a commercial vehicle weight restriction on Greenwich Street between Divisadero and Lyon Streets. (Parking and Traffic Department)

(3-14-05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2974.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050528 [Establishing commercial vehicle weight restrictions on Filbert Street]
Ordinance amending the San Francisco Traffic Code by adding Section 28.5.59 to establish a commercial weight restriction on Filbert Street between Divisadero and Lyon Streets. (Parking and Traffic Department)

(3-14-05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2974.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

050529 [Extending commercial vehicle weight restrictions on Baker Street]
Ordinance amending the San Francisco Traffic Code by amending Section 28.5.3, establishing a commercial vehicle weight restriction on Baker Street, by extending the restriction to include Baker Street between Union Street and Marina Boulevard. (Parking and Traffic Department)

(DPT Order No. 2974.)

3/21/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

PROPOSED RESOLUTIONS

Proposed resolution received from March 15, 2005 to March 21, 2005, for reference by President to appropriate committee on March 29, 2005.

050414 [Gift - Private]

Resolution authorizing the Department of Public Health, San Francisco General Hospital to accept a gift in the amount of $138,766 from the Avon Foundation, via the San Francisco General Hospital Foundation, for the purchase of technical and logistical services in support of the operation of the mobile mammography facility vehicle, donated to the City in 2004, by the University of California, San Francisco. The mobile mammography facility vehicle provides services to indigent and under-served women in San Francisco. (Public Health Department)

3/16/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050541 [Petitions and Communications]
Petitions and Communications received from March 15, 2005 through March 21, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 29, 2005.

From Department of Public Health, regarding the current staffing and service capabilities of the Special Programs for Youth, a Community Behavioral Health Program. (1)

From C. Gemehl, commenting that skateboarders are a danger for the older population; and urging the Board not to pass proposed legislation which would allow skateboarders to ride on residential sidewalks 24 hours a day or in commercial areas when businesses are not open. File 41745, Copy: Each Supervisor(2)

From Ethics Commission, granting waiver request for Matt Gonzalez to communicate with the City Attorney and District Attorney's Offices in representing his clients in claims filed with the City before a lawsuit is commenced, cases filed in court or criminal proceedings is granted. Copy: Each Supervisor(3)

From Office of the Controller, submitting the regular set of high level financial reports for the month of February 2005 showing fiscal year 2004-05 status and year-end figures for the prior year 2003-04.(4)

From Ethics Commission, submitting notice that the Ethics Commission approved legislation related to the regulation of electioneering communications. File 041489, Copy: Rules Committee(5)

From various signators, submitting annual Form 700 Statement of Economic Interests: (6)
Stanton Jones, Budget Analyst
Dawn Duran, Assessment Appeals Board Administrator
Gloria L. Young, Clerk of the Board
Gloria L. Young, Executive Director of the Local Agency Formation Commission
Madeleine Licavoli, Deputy Clerk
Erasmo Vazquez, IS Administrator III
Rose Chung, Legislative Assistant to Supervisor Aaron Peskin
Sarah He, Legislative Assistant to Supervisor Sophie Maxwell
Maria Destro, Assistant Clerk of the Board
Nancy Miller, LAFCO Consultant
Madeleine Miller, LAFCO Consultant

From Immigrant Rights Commission, submitting resolution supporting naming the former Bessie Carmichael Elementary School site (on Sherman and Folsom Streets) as Victoria Manalo Draves Park. Copy: Each Supervisor(7)

From Office of the City Attorney, submitting notice that appeal of Negative Declaration for proposed project at 724 Van Ness Avenue/650 Turk Street was not filed in a timely manner and therefore should not be calendared before the Board of Supervisors.(8)

From Public Utilities Commission, submitting request for release of reserved funds in the amount of $300,000 for a feasibility study of a City broadband communications system.(9)

From Office of the Controller, submitting summary of reserves of the City and County of San Francisco for fiscal year 2004-05, including their amounts, legal uses, and a list of the source documents where these reserves are found. Copy: Budget/Finance Committee(10)

From Department of Telecommunications and Information Services, submitting costs to support the City's SFGov website. Copy: Supervisor Daly(11)

From Levy, Ram and Olson LLP, requesting a four-week continuance for appeal of proposed project at 606-624 Divisadero/1278 Hayes Streets. (12)

From Reuben & Junius LLP, agreeing to continuance for appeal of proposed project at 606-624 Divisadero/1278 Hayes Streets. Copy: Each Supervisor, City Attorney(13)

From Virginia Leishman, submitting her concern about the Social Rehabilitation grant that was recently awarded to Laguna Honda Hospital.File 050058, Copy: Each Supervisor(14)

From Norman Rolfe, regarding a newspaper article he wrote concerning cable cars that was printed March 14, 2005 in both the Chronicle and Examiner. (15)

From Planning Department, responding to inquiry regarding how much the Department spends on postage, courier/messenger services, off-site document storage and how many printers the Department has.(Reference No. 20050222-011) Copy: Supervisor Ma(16)

From Office of the city Attorney, submitting report that provides information on the number of hours of service provided to the Board of Supervisors during the first half of fiscal year 2004-05.(17)

From Bud Wilson, regarding the transfer of the Battleship Iowa to the Port of San Francisco. Copy: Each Supervisor(18)

From Fire Department, regarding settlement in the case of Rebeccah Sturtz v. City and County of San Francisco. (Reference No. 20050222-017) Copy: Rules Committee(19)

From concerned citizens, submitting support for proposed legislation to prohibit formula retail use in the North Beach Neighborhood Commercial District.File 050254, Copy: Land Use Committee, Supervisor Peskin(20)

From Coalition for San Francisco Neighborhoods, submitting resolution urging sewer capacity fees for new developments in San Francisco. Copy: Each Supervisor(21)

From Planning Department, regarding appeal of Categorical Exemption for proposed expansion of the Chinese Independent Baptist Church located at 981 Washington Street. Copy: Each Supervisor(22)

From SF Local Agency Formation Commission, requesting the Board of Supervisors communicate immediately to the California Public Utilities Commission (CPUC) the status of the Community Choice Aggregation (CCA) Implementation Plan and requests that the CPUC considers this plan while evaluating the PG&E long-term contract. Copy: Each Supervisor(23)

From SF Local Agency Formation Commission, urging the Public Utilities Commission to communicate immediately, in writing, to the CPUC that the City and County of San Francisco is in the process of developing a Community Choice Aggregation Implementation Plan. Copy: Each Supervisor(24)

From Golden Gate Park Concourse Authority, responding to request from the Inner Sunset Merchants Association to remove their name from the current draft of the collateral piece being developed by the Concourse Authority entitled "Working Together for a Better Park". File 050279, Copy: Each Supervisor(25)

From Friends of the Music Concourse, urging the Mayor to reappointment Bill Lee as City Administrator.File 050279, Copy: Each Supervisor(26)

From California Department of Child Support Services, submitting the revised federal poverty level guidelines for compromise of assigned arrearages, family reunification.(27)

From California Department of Child Support Services, regarding federal grant opportunities and the grant approval process.(28)

From League of Historic American Theatres, submitting support for the revitalization of the Harding Theatre in San Francisco. File 050287, Copy: Each Supervisor(29)

From concerned citizens, submitting opposition to the Public Utilities Commission's request for $300,000 to study the feasibility of a publicly owned and operated Internet Service Provider infrastructure and service.(30)

From Samantha Williams, submitting his support for the recently approved legislation regarding the humane treatment of all companion dogs.Copy: File 041494, Each Supervisor(31)

From Antonio Rocha, submitting opposition to banning handguns in San Francisco. Copy: Each Supervisor(32)

From concerned citizens, submitting opposition to placing a suicide barrier on the Golden Gate Bridge. File 050362, Copy: Each Supervisor(33)

From Christina Shin, commenting that the stop signs on the Great Highway by the Beach Chalet Restaurant causing huge traffic jams, and suggesting a stop light be installed in its place.Copy: Each Supervisor(34)

From Knut Mehr, urging the Board to proceed with investigating ways to minimize, if not outright ban air traffic above residential areas in San Francisco. Copy: Each Supervisor(35)

From Jefrey McKenna, concerning his displeasure with the city's failure to actively clean-up graffiti in the neighborhood around 1st and Folsom Streets. Copy: Supervisor Daly(36)

From concerned citizens, submitting opposition to same sex marriages.(37)

From Cindi Johnson, submitting support to eliminate the City Administrator's job. Copy: Each Supervisor(38)

From Redevelopment Agency, submitting its financial and performance reports for the quarter ended December 31, 2004.(39)

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

Return to Full Board Agendas

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the Budget and Finance Subcommittee






		Present: Supervisors Ammiano, Elsbernd

1.	050330	[Contract between DPH and Triage Consulting Group to provide retroactive claiming of aged accounts services]
		Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to continue a contract between the City and County of San Francisco and Triage Consulting Group to provide retroactive claiming of aged accounts services for the period of July 1, 2004 through June 30, 2008. (Public Health Department)



		Question: Shall this Resolution be ADOPTED?

2.	041272	[To appropriate funding from the General Reserve to increase available funding in the Election Fund for public financing]	Supervisor Daly
		Ordinance appropriating, retroactively, $87,678 from the General Fund Reserve to increase funds in the Election Campaign Fund for the purpose of public financing of all eligible candidates for the Ethics Commission for fiscal year 2004-2005.

		(Fiscal impact.)
		3/22/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	050117	[Re-appropriate funding from Earthquake Safety Bond Phases 1 & 2 proceeds; re-appropriate funding from the Fire Bond proceeds and appropriate interest]	Mayor
		Ordinance re-appropriating $5,769,221 from the Earthquake Safety Bond Phases 1 & 2 proceeds to fund $2,724,875 on San Bruno Jail construction, $2,746,336 on San Francisco Juvenile Hall Guidance Center Project construction, and $298,010 for 4th Street Bridge construction for fiscal year 2004-05 and backfilling $326,000 of lower COP interest earnings with Earthquake Safety Bond interest earnings for San Bruno Jail construction. Additionally, to re-appropriate $487,610 from the sale of Fire Bond proceeds and to appropriate $1,993,370 from Fire Bond interest earnings to fund construction expenses for Fire Station 2 for the Department of Public Works for fiscal year 2004-2005.

		(Fiscal impact.)
		3/22/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	050137	[Public Employment - Various Departments]	Supervisor McGoldrick
		Ordinance amending Ordinance No. 198-04 (Annual Salary Ordinance 2004/2005) reflecting the deletion of 7.4 positions at Airport Commission, Department of Human Resources, Human Services Agency, Public Health, Public Works, Recreation and Park, Human Rights Commission, and the Department on the Status of Women.

		(Fiscal impact.)
		3/1/2005, SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title.

		3/22/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

5.	050061	[Real Property Reporting and Planning]	Supervisors Elsbernd, Alioto-Pier, Mirkarimi, Peskin
		Ordinance adding Section 23.8 to the San Francisco Administrative Code to establish a City policy that all City departments report annually to the Real Estate Division certain real property information, that relevant property information be recorded and geographically displayed in the Real Estate Information System (REIS), and the Director of Property prepare an annual report to the Board of Supervisors with real property asset management recommendations.


		3/22/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

6.	050459	[Appointment - Children and Families First Commission]
		Resolution appointing Hector Melendez, term ending April 29, 2006, to the Children and Families First Commission.

		Hector Melendez, succeeding Margaret Brodkin, seat 5, resigned, must represent one or more of the following: children services, public health services; behavioral health services, social services and tobacco and other substance abuse prevention and treatment services; recipients of project services included in the county strategic plan; educators specializing in early childhood development; representatives of a local child care resource or referral agency, the Child Care Planning and Advisory Council or another local child care coordinating group; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations that have the goal of promoting and nurturing early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies, for the unexpired portion of a four-year term ending April 29, 2006.

		Question: Shall this Resolution be ADOPTED?

7.	050460	[Appointment - Commission on the Aging Advisory Council]
		Resolution appointing Sharon Eberhardt, term ending March 31, 2007, to the Commission on the Aging Advisory Council.

		Sharon Eberhardt, succeeding Leonard Ke, term expired, seat 9, must be nominee of District 11 Supervisor, for a two-year term ending March 31, 2007.

		Question: Shall this Resolution be ADOPTED?






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

	Recommendation of the City Operations and Neighborhood Services Committee




		Present: Supervisors McGoldrick, Dufty, Ma

8.	050071	[Shopping Cart Signage and Security Requirements]	Supervisor Ma
		Ordinance amending Part II, Chapter X, of the San Francisco Municipal (Public Works) Code by adding Sections 1410-1414, requiring permanently affixed signs on shopping carts, requiring businesses with carts to post signs prohibiting removal from premises and to secure all carts during hours business is closed.


		3/15/2005, CONTINUED. Continued to March 22, 2005

		3/22/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use Committee






		Present: Supervisors Maxwell, Sandoval

9.	041071	[Amending Planning Code Section 703.3 to prohibit formula retail uses in the North Beach Neighborhood Commercial District]	Supervisor Peskin
		Ordinance to amend the Planning Code by amending section 703.3 to prohibit formula retail uses in the North Beach Neighborhood Commercial District and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.


		3/22/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules Committee






		Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

10.	041571	[Chapter 6 Technical Amendments]	Supervisors Ma, Peskin
		Ordinance amending San Francisco Administrative Code Chapter 6 to update section 6.2, to add new section 6.9 concerning subcontractor limitation of rights, to add new subsection 6.20(F) for a bidder prequalification process, to add new subsection 6.21(A)(10) to allow a specification requirement for contractor work with its own forces, to revise subsection 6.21(C) to allow a department head to reject all bids, to revise subsection 6.22(J) concerning retention of progressive payments, to add a new subsection 6.22(Q) concerning public work contract claims, to revise section 6.41 concerning subsequent phase competition for design services, to revise section 6.60 emergency contracting procedures, to revise section 6.61 design-build contracting procedures, to revise section 6.62 job order contracting procedures, to revise 6.64 as-needed contracting procedures, and to revise section 6.65 special service contracting procedures.


		3/22/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		3/22/2005, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	From the Rules Committee Without Recommendation






		Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

11.	050136	[Requiring departments to use interdepartmental mail]	Supervisor Ma
		Ordinance amending Chapter 8 of the Administrative Code by adding a new section 8.17 to require departments to use interdepartmental mail subject to certain limited exceptions.


		3/22/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

12.	050178	[Regulations for Junk Dealers]	Supervisor Maxwell
		Ordinance amending San Francisco Municipal (Police) Code Part II, Chapter VII Sections 974.1, 974.4, 974.11, 974.12, 974.14, 974.15, 974.21 and 974.22, and by renumbering and amending 974.10-1, to align definitions to those of the California Business and Professions Code and to define "buy book", require that a permit applicant include additional information in the permit application, including a requirement that a permit holder inform the Police Department if the business will engage in welding, use of a propane tank, or cutting torches operated by compressed gasses and provide copies of permits for those activities; expand the types of information that the Chief of Police may consider in determining whether to grant the permit including convictions for fraud and crimes related to the environment, permit revocations from other government agencies, and civil penalties imposed related to the operation of a junk dealer or hazardous material or the environment; provide examples of types of "cause" that would justify a revocation of the permit and clarify that the standard of proof is a preponderance of the evidence; clarify the prohibition of operating at another location not listed on the permit; set forth the rules under which the permit holder operates, including a requirement that the permit holder keep all items purchased in the same condition for five days, allow non-peace officer who have the authority to enforce rules and regulations on the premises to inspect, maintain a record of all purchases that includes requiring the seller to produce a valid form of identification for each transaction, maintain the "buy book" in serial-number order for a period of three years and to allow inspection of the book, maintain the sidewalk and other areas adjacent to the premises clear of obstacles, trash and debris, and prevent loitering; clarify that a violation of these provisions is a misdemeanor; and grant the Chief of Police authority to temporarily suspend operation of the business if it presents an immediate threat to the public health and safety; adding Sections 974.10-2 and 974.14-2 to require the permit holder to provide current information to the Chief on an annual basis and to require the Chief to make a determination of whether to move to revoke the permit; and to prohibit the junk dealer from making purchases (1) from anyone who does not have a valid identification, (2) of parts that contain hazardous materials; and (3) of goods that may be stolen; repealing Sections 974.18, 974.19 and 974.24 to repeal the holding period exemption for purchases from other junk dealers; repeal the prior requirements for buy books, and repeal the provision regarding pre-existing permits.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendations of the Land Use Committee




		Present: Supervisors Maxwell, Sandoval, McGoldrick

13.	050181	[General Plan amendments in connection with the Transbay Redevelopment Plan]	Mayor, Supervisor Daly
		Ordinance amending the San Francisco General Plan in connection with the Transbay Redevelopment Plan and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.

		(Companion measure to Files 050181, 050182, 050183, and 050184.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

14.	050182	[Zoning - Planning Code amendments in connection with the Transbay Redevelopment Plan]	Mayor, Supervisor Daly
		Ordinance amending the Planning Code to add Sections 249.27, 263.18, 825, and 825.1 to establish special zoning controls in connection with the Transbay Redevelopment Plan; amending Planning Code Section 270 to reflect the new zoning changes to bulk controls set forth in Section 263.18; adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

15.	050183	[Zoning Map amendments in connection with the Transbay Redevelopment Plan]	Mayor, Supervisor Daly
		Ordinance amending the San Francisco Planning Code by amending Sectional Map 1, 1H, and 1SU of the Zoning Map of the City and County of San Francisco in connection with the Transbay Redevelopment Plan and an associated special use district with the Redevelopment Plan Project Area and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

16.	041688	[Residential Rent Ordinance, Additional Keys]	Supervisor Daly
		Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.13 "Keys" to provide that: the landlord must provide additional keys/key-sets within fourteen (14) days of a tenant's written request unless the landlord denies the request in writing within that time period (the current ordinance does not set a deadline for providing the additional keys/key-sets), and failure to respond within the fourteen days constitutes a substantial decrease in housing services; the landlord may charge only for documented replication costs and may not require other charges or deposits or terms or conditions of any kind, and imposing such other terms or conditions constitutes a substantial decrease in housing services; a tenant's petition to the Rent Board to decide a disputed request may include a failure to respond within fourteen days, or a disagreement regarding terms or conditions for the additional keys/key-sets; and, unreasonable denial of additional keys/key-sets also constitutes a "substantial" decrease in housing services (the word "substantial" is new in this provision).



		Question: Shall this Ordinance be PASSED ON FIRST READING?

17.	041748	[Development Agreements]	Supervisor Daly
		Ordinance amending the San Francisco Administrative Code by amending Sections 56.2 and 56.3 to allow a housing project to enter into a Development Agreement with the City if the project has a minimum of 1,000 units, includes two or more buildings, will be built on a site exceeding two and one-half acres, and provides public benefits beyond those achievable through existing ordinances and regulations; adopting findings under the California Environmental Quality Act.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

18.	050458	[Appointment - Community Choice Aggregation Citizens Advisory Task Force]
		Resolution appointing Paul Fenn and Ron Dicks, terms ending May 31, 2006, to the Community Choice Aggregation Citizens Advisory Task Force.

		Paul Fenn, new appointment, seat 1, must be an expert on Community Choice Aggregation, for the unexpired portion of a two-year term ending May 31, 2006. Ron Dicks, new appointment, seat 4, must be a representative of labor, for the unexpired portion of a two-year term ending May 31, 2006.

		Question: Shall this Resolution be ADOPTED?

19.	050461	[Appointment - Shelter Monitoring Committee]
		Resolution appointing Bruce Allison, Christoph Jones and Diana Valentine, terms ending November 23, 2006, to the Shelter Monitoring Committee.

		Bruce Allison, new appointment, seat 1, must be homeless or formerly homeless, for the unexpired portion of a two-year term ending November 23, 2006. Christoph Jones, new appointment, seat 2, must be homeless or formerly homeless, for the unexpired portion of a two-year term ending November 23, 2006. Diana Valentine, new appointment, seat 3, must have experience providing direct services to the homeless through a community setting, for the unexpired portion of a two-year term ending November 23, 2006.
		(Supervisor Alioto-Pier dissenting on the appointment of Diana Valentine.)
		Question: Shall this Resolution be ADOPTED?

	Board of Supervisors Sitting as a Committee of the Whole