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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, May 3, 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 April 5, 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 13

Recommendations of the Budget and Finance Subcommittee

Present: Supervisors Ammiano, Daly, Elsbernd

1. 050431 [To re-appropriate bond sales proceeds from 3 capital projects, funded by General Obligation Bonds; and to re-appropriate the bond sales proceeds from 11 projects, funded by Lease Revenue Mayor, Supervisors McGoldrick, Elsbernd
Ordinance re-appropriating $15,964,440 from 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond to fund the improvement and construction of parks and open space for 11 neighborhood park projects within the Lease Revenue Bond Capital Program. Projects include Rossi Playground, Fay Park Garden, SOMA Park, Junipero Serra Playground/Clubhouse, Sunnyside Playground/Clubhouse, Sunnyside Conservatory, Rolph Park Clubhouse, Herz Playground/Coffman Pool, Visitacion Greenway Senior Park, Moscone Recreation Center and St. Mary's Playground; and

Re-appropriating $15,964,440 from 11 various projects within the Lease Revenue Bond Capital Program to fund the improvement and construction of parks and open space for 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond program; Moscone Recreation Center - Phase I, Chinese Recreation Center and Larsen Sava Pool.

(Fiscal impact.)

4/26/2005, PASSED ON FIRST READING. Supervisor Elsbernd requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Ammiano, Elsbernd

2. 050530 [Accept-Expend Bequest of Harvey V. Berneking Living Trust] Supervisor Elsbernd
Resolution authorizing the San Francisco Public Library to retroactively accept and expend a gift in the amount of $100,000 from the HARVEY V. BERNEKING Living Trust for improvements to the Main Library. (Public Library)

Question: Shall this Resolution be ADOPTED?

3. 050569 [Contract Prop J: Facility Security Services]
Resolution concurring with the Controller's certification that facility security services for Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by City and County employees. (Municipal Transportation Agency)

Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

4. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

5. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

6. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

8. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

9. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

10. 050526 [Extending commercial vehicle weight restrictions 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

11. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

12. 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.)

4/26/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

13. 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.)

4/26/2005, 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

Recommendation of the Government Audit and Oversight Committee

Present: Supervisors Peskin, Elsbernd, Mirkarimi

14. 050679 [Audit Priorities] Supervisor Peskin
Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments.

Question: Shall this Motion be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

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

15. 050574 [Public Hearing - Appeal of Categorical Exemption from Environmental Review (Variance Decision) for 1400-1402 Cole Street]
Hearing of persons interested in or objecting to the variance decision of the Planning Department dated December 6, 2004 (Case No. 2003.0639V), exempting from environmental review under CEQA Guidelines, the proposal to add a third floor addition, to include a second dwelling unit to a two-story mixed-use (dwelling unit over commercial) structure (Adel's Wine Cellar), and to legalize and enlarge an addition at the rear of the building, creating a roof deck and access stair in the required rear yard. The existing structure, detached garage, and rear yard deck are considered noncomplying with respect to the Planning Code, as they are located in the required rear yard.

The project is located at 1400-1402 Cole Street, southeast corner of the intersection of Cole and 17th Streets; Lot 023 in Assessor's Block 1291 within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. (Appellants: Dr. Dennis L. Hamby, and Mrs. Carol Hamby)

(Filed April 5, 2005; companion measure to Files 050575, 050576, 050577: District 5.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption from environmental review (variance 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.)

16. 050575 [Affirming the categorical exemption issued for 1400-1402 Cole Street]
Motion affirming the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

17. 050576 [Disapproving the categorical exemption issued for 1400-1402 Cole Street]
Motion disapproving the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

18. 050577 [Preparation of findings related to the categorical exemption issued for 1400-1402 Cole Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

Reports from committees, if any, recommending emergency or urgent measures. The following item was considered by the Rules Committee at a Regular Meeting on Wednesday, April 27, 2005 at 10:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, May 3, 2005.

19. 050710 [Appointment - Police Commission]
Motion confirming the Rules Committee's nomination of, and appointing, Gayle Orr-Smith to the San Francisco Police Commission for a term of office commencing on April 30, 2005 at noon, term ending April 30, 2009 at noon.

Gayle Orr-Smith, succeeding herself, term expiring April 30, 2005 at noon, seat 3, must be nominated by the Rules Committee or its successor and subject to confirmation by the Board of Supervisors, for a four-year term ending April 30, 2009 at noon.

(Supervisor Mirkarimi dissenting in Committee)

Question: Shall this Motion be ADOPTED?

The following item was considered by the Budget and Finance Committee at a Regular Meeting on Thursday, April 28, 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, May 3, 2005.

20. 050695 [Adoption of Board of Supervisors' 2005 Budget Process and Policy Priorities] Supervisor Ammiano
Resolution adopting the San Francisco Board of Supervisors' 2005 Budget Process and Policy Priorities.

Question: Shall this Resolution be ADOPTED?

21. 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.

22. 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 23 through 31

23. 050754 [Juror Appreciation Week] Supervisor Dufty
Resolution declaring May 8 through May 14, 2005, Juror Appreciation Week throughout the City and County of San Francisco.

4/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

24. 050755 [Supporting the WorldPride celebration in Jerusalem] Supervisors Dufty, Ammiano, Maxwell, Daly, Mirkarimi, Ma
Resolution supporting the WorldPride celebration in Jerusalem.

4/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

25. 050756 [Accept-Expend Grant Awarded to the San Francisco Department of the Environment by the Friends of the Commission on the Status of Women] Supervisor Elsbernd
Resolution authorizing the San Francisco Department of the Environment to accept and expend a grant in the amount of $25,000.00 from the Friends of the Commission on the Status of Women to provide outreach and education about recycling used cell phones.

4/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

26. 050757 [Safe Jobs] Supervisor Ma
Resolution recognizing and declaring the month of May 2005 as "Safe Jobs for Youth Month" in the City and County of San Francisco.

4/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 050758 [Commending Nick and Sophia Vlahiotis] Supervisors Ma, Dufty
Resolution commending Nick and Sophia Vlahiotis on the 20th Anniversary of Ristorante Capri.

4/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 050759 [Supporting AB 452, Double Fine Zone for Moving Violations on 19th Avenue] Supervisors Mirkarimi, Ma
Resolution urging the California State Assembly and Governor to support Assembly Bill No. 452.

4/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 050722 [Final Map for a 23 Unit Commercial/Residential Condominium Project - 515-521-525 Gough Street]
Motion approving Final Map of 515-521-525 Gough Street, A Commercial/Residential Condominium Project, being a subdivision of Lot 77 in Assessor's Block No. 793, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(DPw Order No. 175,326; District 6.)

4/20/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

30. 050723 [Final Map for a 6 Lot Merger and 5 Lot Re-subdivision Project - 830 Lake Street]
Motion approving Final Map of 830 Lake Street, A 6 Lot Merger and 5 Lot Re-subdivision Project, being a re-subdivision of Lots 7, 8, 9, 10, 11 and 12 in Assessor's Block No. 1349, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(DPw Order No. 175,337; District 1.)

4/20/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

31. 050731 [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.

4/26/2005, 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:_________________________________________

32. 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 April 19, 2005 through April 25, 2005, for reference by President to appropriate committee on May 3, 2005.

050724 [Zoning Map Amendment in connection with the Alabama and 18th Streets Affordable Housing Special Use District]
Ordinance amending the Sectional Zoning Map No. 7SU of the San Francisco Planning Code to incorporate the Alabama and 18th Streets Affordable Housing Special Use District as being applicable to the block bounded by 18th, 19th, Alabama, and Florida Streets (Assessor's Block 4021, Lot 001); adopting findings. (Planning Department)

4/25/2005, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.

050725 [Alabama and 18th Streets Affordable Housing Special Use District]
Ordinance amending the San Francisco Planning Code by adding Section 249.27 to create the Alabama and 18th Streets Affordable Housing Special Use District applicable to the block bounded by 18th, 19th, Alabama, and Florida Streets (Assessor's Block 4021, Lot 001); adopting findings. (Planning Department)

4/25/2005, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.

050726 [Settlement of Claims - Pacific Gas & Electric Company]
Ordinance approving the settlement of telephone users tax refund claim asserted by Pacific Gas & Electric Company against the City and County of San Francisco in a claim for refund, then in Pacific Gas & Electric Company v. City and County of San Francisco, United States Bankruptcy Court, Northern District of California, Case No. 01-30923-DM and Adv. No 04-3071 DM. (City Attorney)

4/25/2005, RECEIVED AND ASSIGNED to Rules Committee.

050727 [Amending the Building Code Sections 106.3.2, 109, 209, 419, 1403, 1506, 2312.3.]
Ordinance amending Sections 106.3.2, 109, 209, 419, 1403, 1506, 2312.3 of the Building Code to allow land surveyors to prepare submittal documents; to prohibit use or occupancy of structures until a certificate of final completion and occupancy or other approval by the Department of Building Inspection has been issued; to remove the definition of building height; to regulate the depth of structural projections; to delete requirements for exterior backings constructed of solid wood and plywood; to allow for approved alternate locations for storm or casual water drains; to remove requirement that solid wood or plywood wall sheathing used as backing for plaster be pressure-treated, and to make findings in accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code. (Building Inspection Department)

4/25/2005, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.

050728 [Amending the Housing Code regarding mechanical ventilation of bathrooms]
Ordinance amending Section 504 of the Housing Code to modify requirements for mechanical ventilation of bathrooms and to make findings in accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code. (Building Inspection Department)

4/25/2005, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.

050729 [Amending the Plumbing Code regarding storm water drain locations and grease traps]
Ordinance amending Section 306.2 and Section 1014.1 of the Plumbing Code to allow for alternate locations for rain water drains; to modify the requirements for grease traps; and to make findings in accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code. (Building Inspection Department)

4/25/2005, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.

PROPOSED RESOLUTIONS

Proposed resolutions received from April 19, 2005 through April 25, 2005, for reference by President to appropriate committee on May 3, 2005.
None.

050768 [Petitions and Communications]
Petitions and Communications received from April 19, 2005 through April 25, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on
May 3, 2005.

From Carrie Beard, submitting request for a Type 48 liquor license for Cornerstone Restaurant Group LLC, at 25 Maiden Lane.(1)

From Zain Azzghayer, submitting request to transfer (premises to premises) a Type 21 liquor license from the Hilton Hotel to the Mandarin Oriental Hotel located at 238 Sansome Street.(2)

From Department of Public Health, submitting the revised admissions policy for Laguna Honda Hospital.(3)

From Department of Public Works, responding to request to have the large crack in the center of the street in front of 642 Steiner Street repaired. (Reference No. 20050412-003) Copy: Supervisor Mirkarimi(4)

From Physicians for Social Responsibility, submitting support for the multilingual sign ordinance that would essentially require the Department of Public Health to enforce the Safe Drinking Water and Toxic Enforcement Act of 1986.(5)

From Department of Public Works, responding to request to have the large crack in the center of the street in front of 620 Broderick Street repaired.(6)

From Public Utilities Commission, submitting a declaration of emergency for the slope and the drainage pipe at the Harry Tracy Water Terminal Plant. Copy: Each Supervisor(7)

From Coalition for S.F. Neighborhoods, submitting resolution urging the Mayor to require the Garbage Rate Board to create a temporary position as an Advocate for the City's ratepayers for the next hearing on any rate increase. (8)

From Coalition for S.F. Neighborhoods, submitting resolution urging the Mayor to make a formal declaration for the transfer of the USS Iowa to the Port of San Francisco, requiring it to designate a pier assignment without further delay. Copy: Each Supervisor(9)

From Clerk of the Board, submitting list of organizations including the membership cost in which the Board of Supervisors/Clerk of the Board's Office wishes to be a member in fiscal year 2005-06.Copy: Each Supervisor(10)

From California Taxpayers' Association, submitting opposition to the entry of San Francisco into the broadband communications business. Copy: Each Supervisor(11)

From Abdalla Megahed, commenting on the living situation at MS-C-South shelter.(12)

From Abdalla Megahed, announcing that the month of April will be his last month as a homeless advocate at City Hall because of his failing health.(13)

From Hiroshi Fukuda, urging the Board to continue the San Francisco Bicycle Plan.(14)

From Department of Parking and Traffic, submitting quarterly report listing tow refunds for the third quarter of fiscal year 2004-05.(15)

From Redevelopment Agency, regarding replacement of the palm tree in Gene Suttle Plaza at Fillmore and O'Farrell Streets. (Reference No. 20050322-006) Copy: Supervisor Mirkarimi(16)

From Immigrant Rights Commission, submitting copy of letter sent to the following departments notifying them that they are in non-compliance with San Francisco's Equal Access to Services Ordinance: Department of Parking and Traffic, Public Defender, Residential Rent Board, District Attorney, Adult Probation, Emergency Communications Department, Department of Elections and the Juvenile Probation Department. Copy: Each Supervisor(17)

From S. F. Health Plan, submitting copy (with signatures) of the Joint Powers Agreement entered into on April 22, 2005 between S.F. Health Plan and the City and County of San Francisco. File 050514(18)

From West of Twin Peaks Central Council, submitting support for appeal of Categorical Exemption for No. 1 La Avanzada Street (aka 250 Palo Alto Avenue) Sutro Tower. File 050382, Copy: Each Supervisor(19)

From Karen Wong, submitting opposition to proposed Residential Character District (RCD) for the County Club Acres subdivision.(20)

From Tyrone Moore, submitting press release on health care for the working uninsured and how VBS Healthcare Systems might be able to support San Francisco with its uninsured issues amongst business owners.(21)

From G. Storck, regarding medical cannabis dispensaries in San Francisco.File 050314, Copy: Each Supervisor(22)

From Sally Hays, regarding the Department of Recreation and Parks decision to arbitrary close mixed-use fields to soccer teams in the midst of spring season. Copy: Each Supervisor(23)

From State Department of Child Support Services, submitting updated information regarding repayment-sharing ratios for federal fiscal year 2005.(24)

From Jeremy Nelson, urging the Board to join Transportation for a Livable City in supporting Assembly Bill 452 to create a Safety Enhancement Double Fine Zone for 19th Avenue (between Junipero Serra Blvd. and Lake Street). Copy: Each Supervisor(25)

From Jill Krueger, submitting support for more bike lanes on Market Street. File 050489, Copy: Each Supervisor(26)

From John Quinn, submitting support for more bike lanes on Oakdale Avenue, Market and Fulton Streets. Copy: Each Supervisor(27)

From Office of the Controller, submitting the City Survey for 2005. File 050678, Copy: Each Supervisor(28)

From Redevelopment Agency, submitting its financial and performance reports for the fiscal year ended June 30, 2004.(29)

APPOINTMENTS BY THE MAYOR
Health Commission
Dr. Donald Tarver
Human Services Commission
Kelly Dearman
Brian Murphy
Library Commission
Lonnie Chin
Helen Marte Bautista
Lawrence Kane

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

	APPROVAL OF MEETING MINUTES

		Motion to approve the April 5, 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.

	Recommendations of the Budget and Finance Subcommittee

		Present: Supervisors Ammiano, Daly, Elsbernd

1.	050431	[To re-appropriate bond sales proceeds from 3 capital projects, funded by General Obligation Bonds; and to re-appropriate the bond sales proceeds from 11 projects, funded by Lease Revenue	Mayor, Supervisors McGoldrick, Elsbernd
		Ordinance re-appropriating $15,964,440 from 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond to fund the improvement and construction of parks and open space for 11 neighborhood park projects within the Lease Revenue Bond Capital Program. Projects include Rossi Playground, Fay Park Garden, SOMA Park, Junipero Serra Playground/Clubhouse, Sunnyside Playground/Clubhouse, Sunnyside Conservatory, Rolph Park Clubhouse, Herz Playground/Coffman Pool, Visitacion Greenway Senior Park, Moscone Recreation Center and St. Mary's Playground; and Re-appropriating $15,964,440 from 11 various projects within the Lease Revenue Bond Capital Program to fund the improvement and construction of parks and open space for 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond program; Moscone Recreation Center - Phase I, Chinese Recreation Center and Larsen Sava Pool.

		(Fiscal impact.)
		4/26/2005, PASSED ON FIRST READING. Supervisor Elsbernd requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	050530	[Accept-Expend Bequest of Harvey V. Berneking Living Trust]	Supervisor Elsbernd
		Resolution authorizing the San Francisco Public Library to retroactively accept and expend a gift in the amount of $100,000 from the HARVEY V. BERNEKING Living Trust for improvements to the Main Library. (Public Library)



		Question: Shall this Resolution be ADOPTED?

3.	050569	[Contract Prop J: Facility Security Services]
		Resolution concurring with the Controller's certification that facility security services for Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by City and County employees. (Municipal Transportation Agency)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the City Operations and Neighborhood Services Committee

		Present: Supervisors McGoldrick, Dufty, Ma

4.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

5.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

6.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

7.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

10.	050526	[Extending commercial vehicle weight restrictions 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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

11.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

12.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

13.	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.)
		4/26/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


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

	Recommendation of the Government Audit and Oversight Committee

		Present: Supervisors Peskin, Elsbernd, Mirkarimi

14.	050679	[Audit Priorities]	Supervisor Peskin
		Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments.



		Question: Shall this Motion be ADOPTED?

	SPECIAL ORDER 4:00 P.M.

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

15.	050574	[Public Hearing - Appeal of Categorical Exemption from Environmental Review (Variance Decision) for 1400-1402 Cole Street]
		Hearing of persons interested in or objecting to the variance decision of the Planning Department dated December 6, 2004 (Case No. 2003.0639V), exempting from environmental review under CEQA Guidelines, the proposal to add a third floor addition, to include a second dwelling unit to a two-story mixed-use (dwelling unit over commercial) structure (Adel's Wine Cellar), and to legalize and enlarge an addition at the rear of the building, creating a roof deck and access stair in the required rear yard. The existing structure, detached garage, and rear yard deck are considered noncomplying with respect to the Planning Code, as they are located in the required rear yard. The project is located at 1400-1402 Cole Street, southeast corner of the intersection of Cole and 17th Streets; Lot 023 in Assessor's Block 1291 within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. (Appellants: Dr. Dennis L. Hamby, and Mrs. Carol Hamby)

		(Filed April 5, 2005; companion measure to Files 050575, 050576, 050577: District 5.)

		Action:___________________________



	Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption from environmental review (variance 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.

16.	050575	[Affirming the categorical exemption issued for 1400-1402 Cole Street]
		Motion affirming the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

17.	050576	[Disapproving the categorical exemption issued for 1400-1402 Cole Street]
		Motion disapproving the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

18.	050577	[Preparation of findings related to the categorical exemption issued for 1400-1402 Cole Street]
		Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?

	COMMITTEE REPORTS


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

		Reports from committees, if any, recommending emergency or urgent measures. The following item was considered by the Rules Committee at a Regular Meeting on Wednesday, April 27, 2005 at 10:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, May 3, 2005.

19.	050710	[Appointment - Police Commission]
		Motion confirming the Rules Committee's nomination of, and appointing, Gayle Orr-Smith to the San Francisco Police Commission for a term of office commencing on April 30, 2005 at noon, term ending April 30, 2009 at noon.

		Gayle Orr-Smith, succeeding herself, term expiring April 30, 2005 at noon, seat 3, must be nominated by the Rules Committee or its successor and subject to confirmation by the Board of Supervisors, for a four-year term ending April 30, 2009 at noon. (Supervisor Mirkarimi dissenting in Committee)

		Question: Shall this Motion be ADOPTED?


		The following item was considered by the Budget and Finance Committee at a Regular Meeting on Thursday, April 28, 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, May 3, 2005.