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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

seal of the city and county of sf

AGENDA
Tuesday, June 7, 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 May 10, 2005 and May 17, 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 12

Recommendation of the Budget and Finance Subcommittee
Present: Supervisors Ammiano, Daly, Elsbernd

1. 050215 [Revision of the recourse hearing procedures for public work prevailing wage violations] Supervisors Ammiano, Peskin
Ordinance amending San Francisco Administrative Code Section 6.22, at subsection 6.22(E)(8)(c), to revise the recourse hearing procedures for contractors challenging forfeitures for prevailing wage violations on public work projects.
5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Budget and Finance Committee
Present: Supervisors Ammiano, Daly, Elsbernd, Ma, McGoldrick

2. 050329 [Parking Permits]
Ordinance amending San Francisco Traffic Code sections 308, 308.1, 308.3, and repealing section 314, to: clarify the requirements for issuance of Residential Parking Permits; increase parking permit fees for Residential Parking Permits and Health Care Worker Permits to sixty dollars ($60) if purchased in the first six months of the permit year or thirty dollars ($30) if purchased in the last six months of the permit year; increase Educational Institution Permits to sixty dollars ($60) for each permit regardless of the date of purchase or repurchase; increase temporary parking permit fees for Residential Parking Permits to twenty dollars ($20) for each week for up to four weeks or forty dollars ($40) for a four week permit; increase visitor parking permit fees for Residential Parking Permits to five dollars ($5) per day, twenty dollars ($20) for two consecutive weeks, thirty dollars ($30) for four consecutive weeks, forty dollars ($40) for six consecutive weeks, or fifty dollars ($50) for eight consecutive weeks; and, delete previous permit fee amounts. (Municipal Transportation Agency)
5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

3. 050371 [Contractor Permit Fee]
Ordinance amending San Francisco Traffic Code section 202.C to add a provision that contractor permits may be issued for six consecutive months that begin on December 1st, to delete a provision that no more than five additional contractor permits may be issued to any contractor who is not eligible to apply for exclusive temporary use of parking meter zones, and to increase the contractor parking permit fee from $325 to $500 if purchased in the first six months of the year and from $225 to $250 if purchased in the last six months of the permit year. (Municipal Transportation Agency)
5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the City Operations and Neighborhood Services Committee
Present: Supervisors McGoldrick, Dufty, Ma

4. 050547 [Soil Boring and Well Regulation Ordinance] Supervisor Peskin
Ordinance amending the San Francisco Health Code by deleting Section 659 and adding a new Article 12B to establish a regulatory program for the construction, modification, operation, and destruction of soil borings and wells, including both non-production and water wells, to protect the public health and safety and the integrity of the City's groundwater resources by requiring anyone who proposes to construct, modify, operate, maintain or destroy a well or soil boring to obtain a permit; amending Section 249.13 of the San Francisco Business and Tax Regulations Code to set forth the annual fee for the permit; and amending Section 3101 of the Health Code to renumber the reference to section 659 of the Health Code to Article 12B.
5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors McGoldrick, Dufty

5. 050573 [Deleting References to Traffic Zone No. 1]
Ordinance repealing San Francisco Traffic Code sections 3.6, 10, 20, 35, 88, and 89, and amending San Francisco Police Code section 1320.10, to delete references to Traffic Zone No. 1. (Parking and Traffic Department)
5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use Committee
Present: Supervisors Maxwell, Sandoval, McGoldrick

6. 050349 [Bicycle Plan Policy Framework adoption and related General Plan amendments] Mayor, Supervisors McGoldrick, Mirkarimi, Maxwell, Ammiano
Ordinance amending the San Francisco General Plan in connection with the San Francisco Bicycle Plan: Policy Framework; adopting environmental findings and findings that the General Plan amendment is consistent with the General Plan and eight priority policies of Planning Code Section 101.1; adopting the Bicycle Plan: Policy Framework; and authorizing official acts in connection thereto.
5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee
Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

7. 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)
Question: Shall this Ordinance be PASSED ON FIRST READING?

8. 050855 [Settlement of Lawsuit - Klara Khaimskaya]
Ordinance authorizing settlement of the lawsuit filed by Klara Khaimskaya against the City and County of San Francisco on October 16, 2003 in San Francisco Superior Court, Case No. 425-488, entitled Klara Khaimskaya, et al., v. City and County of San Francisco, et al. and authorizing a payment of $1,020,000. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

9. 050856 [Settlement of Lawsuit - Nydia Rosales]
Ordinance authorizing settlement of the lawsuit filed by Nydia Rosales against the City and County of San Francisco for $40,000; the lawsuit was filed on March 24, 2003 in San Francisco Superior Court, Case No. 418-728; entitled Nydia Rosales, et al., v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 050857 [Settlement of Lawsuit - Nancy Enciso]
Ordinance authorizing settlement of the lawsuit filed by Nancy Enciso against the City and County of San Francisco for $200,000.00; the lawsuit was filed on August 18, 2004, in the Superior Court of the State of California, County of San Francisco, Case No. 433-927; entitled Nancy Enciso v. The City and County of San Francisco, Hugo Aguilera, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 050537 [Appointment - Community Choice Aggregation Citizens Advisory Task Force]
Resolution appointing Lino Del Signore, term ending May 31, 2006, to the Community Choice Aggregation Citizens Advisory Task Force.
Lino Del Signore, new appointment, seat 2, must be an expert in municipal revenue bond financing, for the unexpired portion of a two-year term ending May 31, 2006.

Question: Shall this Resolution be ADOPTED?

12. 050812 [Appointment - Asthma Task Force]
Resolution appointing Natasha Madaris, Micha McLorin and Anjali Nath, terms ending June 30, 2005, to the Asthma Task Force, residency requirement waived.
Natasha Madaris (residency requirement waived), succeeding LeConte Dill, seat 1, resigned, must be a representative of a community-based organization that provides advocacy related to asthma issues in San Francisco and is a voting member, for the unexpired portion of a two-year term ending June 30, 2005.

Micah McLorin, succeeding Carl Rose, seat 13, resigned, must be a representative of lung health/asthma-specific organizations and is a voting member, for the unexpired portion of a two-year term ending June 30, 2005.

Anjali Nath (residency requirement waived), succeeding Beth Saiki, seat 14, resigned, must be a representative of lung health/asthma-specific organizations and is a voting member, for the unexpired portion of a two-year term ending June 30, 2005.

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

Recommendations of the Budget and Finance Committee
Present: Supervisors Ammiano, Elsbernd, Ma, McGoldrick

13. 050370 [Parking Meter Rates]
Ordinance amending the San Francisco Traffic Code by amending Section 203.1 to increase the rate for parking meters in Parking Meter Area Number One to three dollars ($3.00) an hour, by amending Sections 203.2 and 203.4 to increase the rate for parking meters in Parking Meter Areas Numbers Two and Four to two dollars and fifty cents ($2.50) an hour, and by amending Section 203.3 to increase the rate for parking meters in Parking Meter Area Number Three to one dollar and fifty cents ($1.50) an hour. (Municipal Transportation Agency)
5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Ammiano, Daly, Elsbernd, Ma, McGoldrick

14. 050372 [Parking Fine Penalty Schedule]
Ordinance amending San Francisco Traffic Code section 132 to increase penalties for various parking related violations, and to correct the penalties for Vehicle Code sections 22523A and 22523B by decreasing the penalties to $200 and section 22526B by decreasing the penalty to $100. (Municipal Transportation Agency)
(Supervisor Daly Dissenting in Committee)

5/24/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Budget and Finance Subcommittee
Present: Supervisors Ammiano, Daly, Elsbernd

15. 050597 [Urging the Redevelopment Agency to establish a policy to use 50% of Redevelopment Tax Increment proceeds for affordable housing] Supervisors Maxwell, Daly
Resolution urging the Redevelopment Agency of the City and County of San Francisco to establish a housing policy setting a clear intent to use over 50% of total tax increment funds for low and moderate income housing and to include a statement of such intent in all future redevelopment plans submitted to the Board of Supervisors for its approval.
Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee
Present: Supervisors Dufty, Ma

16. 050595 [Environmentally Preferable Purchasing for Commodities] Supervisors Maxwell, Daly
Ordinance repealing Chapter 2 of the Environment Code which established an environmentally preferable purchasing pilot program and sections 507, 508 and 512 of Chapter 5 and Chapter 9 of the Environment Code which pertain to purchasing certain environmentally preferable commodities and enacting a new Chapter 2 of the Environment Code to establish a comprehensive City-wide Environmentally Preferable Purchasing Program for purchases of commodities; and making conforming changes in Environment Code sections 501, 506 and 511 and Administrative Code sections 21.16 and 21.30.
Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 050825 [Homeless Death Form] Supervisors Dufty, Daly, Mirkarimi
Ordinance amending the San Francisco Health Code by adding Sections 220 through 226, requiring those registering deaths with the Health Department to file a Homeless Death Form.
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 050923 [Resolution of Intention to form the Noe Valley Community Benefit District (CBD)] Supervisor Dufty
Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "Noe Valley Community Benefit District (CBD)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
Question: Shall this Resolution be ADOPTED?

19. 050924 [Resolution of Intention to form the Castro/Upper Market Community Benefit District (CBD)] Supervisor Dufty
Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "Castro/Upper Market Community Benefit District (CBD)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Peskin, Elsbernd, Mirkarimi

20. 050876 [Resolution of Intention to form the 2500 Block of Mission Street Business Improvement District (BID)] Supervisor Ammiano
Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "2500 Block of Mission Street Business Improvement District (BID)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
Question: Shall this Resolution be ADOPTED?

21. 050877 [Resolution of Intention to form the North of Market/Tenderloin Community Benefits District (CBD] Supervisor Daly
Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "North of Market/Tenderloin Community Benefits District (CBD)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
Question: Shall this Resolution be ADOPTED?

22. 050878 [Resolution of Intention to form the Fisherman's Wharf Community Benefit District (CBD)] Supervisor Peskin
Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "Fisherman's Wharf Community Benefit District (CBD)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee
Present: Supervisors Maxwell, McGoldrick

23. 050176 [Amending the Planning Code to make all massage establishments conditional uses] Supervisors Ma, Maxwell
Ordinance amending Sections 218.1, 710.54, 711.54, 712.54, 713.54, 716.54, 717.54, 718.54, 719.54, 720.54, 721.54, 722.54, 723.54, 724.54, 725.54, 726.54, 727.54, 728.54, 729.54, 730.54, 810.54, 811.54, 812.54, 790.60 and 890.60 of the Planning Code to define massage establishments per Section 1900 of the Health Code, to provide that all massage establishments shall be permitted as conditional uses, to provide that non-incidental massage establishments must first obtain all required permits from the Health Department before seeking a conditional use permit, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, Sandoval

24. 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)
5/17/2005, RE-REFERRED.
Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 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)
5/17/2005, RE-REFERRED.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Maxwell, Sandoval, McGoldrick

26. 050439 [Visitacion Valley Strategic Concept Plan] Supervisor Maxwell
Resolution supporting use of the Visitacion Valley Strategic Concept Plan in all planning efforts in Visitacion Valley; urging consideration of this Plan in applicable environmental analyses; and urging affected property owners to embrace the Plan as part of any development proposal and to collaborate with community stakeholders throughout the development process.
Question: Shall this Resolution be ADOPTED?

27. 050438 [Designating the Visitacion Valley Survey Area] Supervisor Maxwell
Resolution designating the Visitacion Valley Survey Area within the City and County of San Francisco pursuant to the California Community Redevelopment Law.
Question: Shall this Resolution 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.

28. 050908 [Public Hearing - Appeal of Minor Sidewalk Encroachment Permit for 11 Castenada Avenue]
Hearing of persons interested in or objecting to the decision of the Director of Public Works by its Order No. 175,406, dated May 11, 2005, concerning approval of a Minor Sidewalk Encroachment Permit No. 05MSE-0138 for the construction of a new warped driveway, new stair, low curbs and reconstruction of existing landscaping encroaching 8'-6" into the public right-of-way per neighborhood pattern fronting the property at 11 Castenada Avenue, Assessor's Block 2819, Lot 037. (Appellant: Michael Tsang.)
(Filed May 16, 2005; companion measure to Files 050909 and 050910; District 7.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the minor sidewalk encroachment permit appeal 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.)

29. 050909 [Minor Sidewalk Encroachment Permit Appeal - 11 Castenada Avenue]
Motion disapproving the decision of the Director of Public Works' approval of a Minor Sidewalk Encroachment Permit at 11 Castenada Avenue and denying the encroachment permit. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

30. 050910 [Minor Sidewalk Encroachment Permit Appeal - 11 Castenada Avenue]
Motion approving the decision of the Director of Public Works' approval of a Minor Sidewalk Encroachment Permit at 11 Castenada Avenue and denying the appeal. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

31. 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.

32. 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 33 through 46

33. 050940 [Supporting AB 772 and SB 437 - Health Coverage for Children] Supervisors Ammiano, Mirkarimi
Resolution supporting State Assembly Bill 772 and State Senate Bill 437.
5/24/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 050941 [Supporting the Presidio Child Development Center] Supervisor Alioto-Pier
Resolution supporting the Presidio Child Development Center, and urging the San Francisco Unified School District Superintendent and School Board not to close the Center.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 050942 [Commending GLAAD for moving the 16th Annual Media Awards to Fort Mason Pavilion] Supervisors Dufty, Ammiano
Resolution commending GLAAD for moving the 16th Annual Media Awards to Fort Mason Pavilion.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 050943 [Endorsing the elimination of the "Don't Ask, Don't Tell" policy and adoption of a policy of nondiscrimination on the basis of sexual orientation within the United States Armed Forces] Supervisors Dufty, Ammiano, Mirkarimi
Resolution endorsing Senate Joint Resolution 11, urging the President and the United States Congress to adopt the Military Readiness Enhancement Act of 2005 (H.R. 1059), which eliminates the "Don't Ask, Don't Tell" policy and adopts a policy of nondiscrimination on the basis of sexual orientation within the United States Armed Forces.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 050944 [Supporting AB 1605 (Wolk and Berg) and SB 1018 (Simitian)] Supervisors Ma, Maxwell, Dufty
Resolution urging the support of AB 1605 (Wolk and Berg) and SB 1018 (Simitian), which would establish the Elder Financial Abuse Reporting Act of 2005.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 050945 [Supporting AB 22 (Lieber)] Supervisors Ma, Maxwell, Dufty, Mirkarimi
Resolution urging the support of AB 22 (Lieber), the California Trafficking Victims Protection Act.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 050946 [Support Assembly Bill 528 - Public Health and Environmental Enforcement Law of 2005] Supervisor Mirkarimi
Resolution urging San Francisco's legislative delegation to support, the California Legislature to pass, and the Governor to sign Assembly Bill 528 -- Public Health and Environmental Enforcement Law of 2005.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 050947 [Issuance and Sale of Revenue Bonds - Music Concourse Community Partnership] Supervisor Peskin
Resolution approving the issuance and sale of revenue bonds and/or revenue bond anticipation notes by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $32,000,000 for the Music Concourse Community Partnership.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 050948 [Urging the 109th Congress to pass S 910 and HR 1849, the Breast Cancer Patient Protection Act of 2005] Supervisor Sandoval
Resolution urging the 109th Congress to pass S 910 and HR 1849, the Breast Cancer Patient Protection Act of 2005, requiring a post-mastectomy hospital stay to be determined by the patient and her doctor, not an insurance company.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 050963 [Commending and congratulating Ignacio Chapela on receiving tenure at the University of California at Berkeley] Supervisors Sandoval, Mirkarimi, McGoldrick, Maxwell
Resolution commending and congratulating Ignacio Chapela on his receipt of tenure at the University of California at Berkeley.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 050964 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice] Mayor
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $250,000 from the Office of Justice Programs, Bureau of Justice Assistance (BJA) for the purpose of enhancing and implementing sex offender management practices for offenders under community supervision through the 2004 Sex Offender Management Discretionary Grant Program.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 050965 [Accept-Expend Private Grant - Mayor's Office of Criminal Justice] Mayor
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to accept and expend a grant in the amount of $15,000 from the Northern California Mechanical Contractors Association (MCA) for the purpose of the arrest and conviction of Mr. Victor Bach's murderer.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 050914 [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.
Version.
5/24/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

46. 050976 [Final Map for a 6 Unit Residential Condominium Project - 400-402-404-406-408-410 Vallejo Street]
Motion approving Final Map of 400-402-404-406-408-410 Vallejo Street, A Residential Condominium Project, being a subdivision of Lot 11 in Assessor's Block No. 133, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 175,357; District 3.)

6/1/2005, 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:_________________________________________

47. 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 May 17, 2005 through May 27, 2005, for reference by President to appropriate committee on June 7, 2005.

050902 [Settlement of Lawsuit - Torey Dylan Lovett]
Ordinance authorizing the settlement of a lawsuit filed by Torey Dylan Lovett against the City and County of San Francisco and Sheriff's Department for $1,215,837.42; the lawsuit was filed on October 12, 2000, in San Francisco Superior Court, Case No. 315861, entitled Torey Dylan Lovett v. City and County of San Francisco, et al. This case was tried to a San Francisco jury and culminated in a judgment in favor of Lovett. The City appealed and the District Court of Appeals affirmed the judgment. (City Attorney)
5/23/2005, RECEIVED AND ASSIGNED to Rules Committee.

050951 [Settlement of Lawsuit - Anita Bohbot]
Ordinance authorizing settlement of the lawsuit filed by Anita Bohbot against the City and County of San Francisco for $35,000; the lawsuit was filed on June 12, 2004 in the San Francisco Superior Court, Case No. 432-409; entitled Anita Bohbot v. City and County of San Francisco, et al. (City Attorney)
5/23/2005, RECEIVED AND ASSIGNED to Rules Committee.

050969 [Appropriate funding from the General Fund Reserve to fund increased costs of indigent defense in adult criminal and juvenile delinquency cases for the S.F. Superior Court of California,
Ordinance appropriating $260,000 from the General Fund Reserve to fund increased costs of indigent defense in adult criminal and juvenile delinquency cases for Superior Court of California, San Francisco for fiscal year 2004-05. (Superior Courts)
5/24/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050970 [Appropriate funding from the General Fund Reserve to fund over expenditures in salaries In the Office of the Public Defender for FY 2004-05]
Ordinance appropriating $270,000 from the General Fund Reserve to fund over expenditures in salaries caused by the inability to meet attrition targets in the Office of the Public Defender for fiscal year 2004-05. (Public Defender)
5/24/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050975 [Settlement of claim filed by PG&E before the Federal Energy Regulatory Commission]
Ordinance authorizing settlement of the Scheduling Coordinator Services Tariff case filed by Pacific Gas & Electric Company before the Federal Energy Regulatory Commission in Docket Nos. ER00-565-000 et al., ER04-1233-000 et al., and ER05-480-000. (City Attorney)
5/27/2005, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from May 17, 2005 through May 27, 2005, for reference by President to appropriate committee on June 7, 2005.

050949 [Grant of an Access Easement - Lake Merced Golf Club]
Resolution approving an Easement Agreement between Lake Merced Golf Club, a California not-for-profit corporation, and the City and County of San Francisco, acting by and through its Public Utilities Commission ("SFPUC"), for the grant of an access easement over SFPUC's Water Pipeline Right of Way in Daly City, San Mateo County. (Real Estate Department)
5/20/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050972 [Report of assessment costs for sidewalk and curb repairs]
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department)
(DPW Order No. 175, 630; Locations: 131-133 Carl Street; 201 Capra Way; 411-15th Avenue.)

5/26/2005, SCHEDULED FOR PUBLIC HEARING to Board of Supervisors.

050973 [Professional services agreement to provide geotechnical and tunnel engineering services]
Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute a professional services agreement with Jacobs Associates for an amount not to exceed $14,800,000 to provide geotechnical and tunnel engineering services for the Bay Division Pipelines Reliability Upgrade Project. (Public Utilities Commission)
5/27/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

050974 [Program/Project/Pre-Construction Management Services for the Water System Improvement Program]
Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to award and execute a professional services agreement with Parsons Water and Infrastructure Inc. (as guaranteed by Parsons Corporation) for an amount not to exceed $45,000,000 to provide Program/Project/Pre-Construction Management Services for the San Francisco Water System Improvement Program. (Public Utilities Commission)
5/27/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

051050 [Petitions and Communications]
Petitions and Communications received from May 17, 2005 through May 27, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on
June 7, 2005.

From David Knapp, submitting request to transfer a Type 48 On-Sale General Public Premises License from 1312 Polk Street to 510 Larkin Street.(1)

From Department of Public Works, regarding status of repairing the empty sidewalk at 650 Steiner Street. (Reference No. 20050412-001) Copy: Supervisor Mirkarimi(2)

From Department of Public Works, regarding status of repairing the two empty sidewalk squares at 565 Haight Street. (Reference No. 20050503-002) Copy: Supervisor Mirkarimi(3)

From Department of Public Works, regarding status of repairing the pothole in front of 436 Fell Street. (Reference No. 20050503-001) Copy: Supervisor Mirkarimi(4)

From State Assemblyman Leland Yee, submitting copy of letter sent to the Secretary of the Navy urging him to support an appropriation to relocate the U.S.S. Iowa from Rhode Island to San Francisco. Copy: Each Supervisor(5)

From Civil Service Commission, regarding employment termination of the "7514 General Laborers" represented by the Laborers' International Union Local 261.(Reference No. 20050426-007) Copy: Supervisor Mirkarimi(6)

From Department of Public Health, submitting request for release of reserved funds ($1,060,000) for purchase and improvement of the CMED building located at 2789 25th Street.(7)

From Supervisor Daly, submitting copy of letter sent to the Executive Director of the Citizens Housing Corporation concerning the affordable housing development at 18th and Alabama Streets. File 050725, Copy: Each Supervisor(8)

From Public Utilities Commission, submitting request for waiver of Chapters 12B and 12C of the Administrative Code for the General Electric Company.(9)

From Clerk of the Board, regarding compliance with Administrative Provisions of Section 23 of the Annual Appropriation Ordinance for the third quarter of fiscal year 2004-05. (10)

From concerned citizens, submitting opposition to the proposed bike plan. File 050349, File 050893 Copy: Each Supervisor(11)

From Department of Public Health, regarding the intended use of the Mental Health Services Act/Proposition 63 funds.(12)

From Forest Ethics, submitting support for proposal to charge 17 cents for each bag provided at grocery stores. (13)

From Madelyn Vilhauer, submitting support to ban or regulate inappropriate or violent movie posters around school campuses. Copy: Supervisor McGoldrick(14)

From Office of the Controller, submitting annual report on contracting out City services. Copy: Each Supervisor(15)

From Department of Elections, submitting the Elections Commission Annual Report for January 1, 2004 through December 31, 2004.(16)

From Senate Rules Committee, submitting reappointment of Arthur Rosenfeld to the State Energy Resources Conservation and Development Commission.(17)

From Senate Rules Committee, submitting appointment of Mary Ann Wamerdam of Yolo County as Director of Pesticide Regulations for the California Environmental Protection Agency.(18)

From Redevelopment Agency, submitting various documents related to the South of Market Redevelopment Plan Amendment. Copy: Each Supervisor(19)

From SF Association of Realtors, commenting that ownership of affordable housing is needed to stop exodus of the middle class from San Francisco. Copy: Land Use Committee(20)

From Office of the Controller, submitting the master fee schedule of City departments for fines, licenses, permits and service charges. (21)

From Bay Area Rapid Transit District, submitting the SF Bay Area Rapid Transit District 2004 Annual Report.(22)

From concerned citizens, submitting opposition to proposal to charge 17 cents for each bag provided at grocery stores. (23)

From Department of Public Works, regarding repair of a block of pitted pavement between Fell and Hayes Streets. (Reference No. 20050517-002) Copy: Supervisor Mirkarimi(24)

From SF Association of Realtors, submitting opposition to Assembly Bill 781, a bill aimed at limiting the prohibition placed on public entities from compelling owners of real property to stay in the rental business to property owners who have owned their property for longer than five years. File 050352, Copy: Each Supervisor(25)

From Janet Newton, submitting an update to an earlier letter sent in June 2004 from the EMR Policy Institute concerning safety questions on the proposed installation of RFID systems in the San Francisco Public Library.(26)

From Janet Newton, submitting a second letter regarding the proposal to install a radio frequency identification system in the San Francisco Public Library.(27)

From Assistant Clerk of the Board, submitting affidavit of receipt of petition results 605 parcels document and amendment to the Management District Plan Appendix A North Market/Tenderloin Community Benefits District. File 050877 (28)

From Assistant Clerk of the Board, submitting affidavit of receipt of petition results 605 parcels document and amendment to the Management District Plan Appendix A for the Fisherman's Wharf Community Benefit District. File 050878 (29)

From Assistant Clerk of the Board, submitting the Castro/Upper Market Community Benefit District's Assessment Engineer's Report, Management District Plan; and petition of property owners who will pay more than 30 percent of the total assessment to be levied to establish a Property and Business Improvement District and 30 percent of property owners who will not pay more than 30 percent of the total assessment. File 050924 (30)

From Assistant Clerk of the Board, submitting the Noe Valley Community Benefit District's Assessment Engineer's Report, Management District Plan; and petition of property owners who will pay more than 30 percent of the total assessment to be levied to establish a Property and Business Improvement District and 30 percent of property owners who will not pay more than 30 percent of the total assessment.File 050923(31)






From Clerk of the Board, submitting notice that the Clerk of the Board's Office has received a report from the Civil Grand Jury regarding City Contracting and Affirmative Action released on May 23, 2005.(32)

From Municipal Transportation Agency, concerning repainting the crosswalk at the intersection of Ocean and Capitol Avenues. (Reference No. 20050301-001) Copy: Supervisor Sandoval(33)

From Ethics Commission, submitting report on San Francisco's Limited Public Financing Program. Copy: Each Supervisor(34)

From Clerk of the Board, submitting notice that the Clerk of the Board's Office has received a report from the Civil Grand Jury regarding the difference between a contract and a grant.(35)

From concerned citizens, urging the Board of Supervisors to do something to create more homeownership opportunities in the City.(36)

From the Green Party, urging the Board to support a stronger effort to improve bicycling conditions in the City than is represented in the present plan. File 050349, Copy: Each Supervisor(37)

From Public Utilities Commission, responding to inquiry regarding monitoring and reporting on the water quality of Lake Merced. (Reference No. 20050329-004) Copy: Supervisor Elsbernd(38)

From Linda Catelani-Del Chiaro, submitting support for the preservation of St. Brigid's Church. File 050465(39)

From concerned citizens, concerning extending the moratorium on medical cannabis dispensaries for six months in San Francisco. Files 050776 and 050773, Copy: Each Supervisor(40)

From Janet Newton, submitting four letters: two letters from Blank & Goodman & Peterson regarding "a biological guide for electromagnetic safety" and two letters from Dr. R. Albanese: "In the Best of All Possible Worlds;" a medical perspective on electromagnetic safety and health.(41)

From concerned citizens, submitting support for the Landmark Advisory Board's decision to declare the boathouse at 900 Innes Avenue as a City landmark and opposition to the water tower being demolished. Copy: Supervisors Maxwell and McGoldrick(42)

From Lijia Chen, submitting appeal of Categorical Exemption from Environmental Review for Bay Division Pipeline Nos. 3 and 4 Seismic Upgrade at Hayward Fault Project owned and operated by the San Francisco Public Utilities Commission. File 050952(43)

From Jeffrey Branco, Jr., submitting request for a Type 42 (wine tasting on premise) liquor license for Coit Liquor at 585 Columbus Avenue. (44)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for an existing residential house in a three-family (RH-3) District at the northwest and southwest corner of Sanchez and 18th Streets. File 050633(45)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for an amendment to the Planning Code to provide for an increase in the height exemption for elevator penthouses from 10 feet to 16 feet.(46)





From Planning Department, submitting Resolution 16740 regarding proposed ordinance amending Planning Code to allow a tourist hotel of 75 rooms or less as a principal permitted use in the SSO (Service/Secondary Office District). File 050830, Copy: Land Use Committee(47)

From Fire Department, submitting notice of an annual inspection relating to fire and life safety for S.F. Civic Center Courthouse at 400 McAllister Street on May 19, 2005.(48)

From Department of Public Health, submitting request for waiver of Administrative Code Chapter 12B for Toys-R-Us.(49)

From Port, submitting correspondence regarding the Port's Youth Employment Programs for fiscal year 2005-06. Copy: Budget Committee(50)

From City Attorney, submitting the "Good Government Guide" an overview of the laws governing the conduct of public officials. (51)

From concerned citizens, submitting opposition to Muni raising fares and cutting service.(52)

From State Department of Child Support Services, concerning the "Project Save Our Children Program" and the process for referring a case to the program.(53)

From State Department of Social Services, submitting the CAPIT/CBCAP/PSSF three-year plan instructions for State fiscal years 2005-2008.(54)

APPOINTMENTS BY THE MAYOR
Fire Commission
George Lau

Arts Commission
Ethel Pitts Walker
Maya Draisin
Pop Zhao
John Kriken
Alexander Lloyd
Jeannene Przyblyski
Beverly Prior
Leonard Hunter
Larry Rinder
Jose Cuellar

War Memorial Board of Trustees
Charlotte Malliard Shultz
Wilkes Bashford
Gina Moscone
Bella Farrow
Claude Jarman
Nancy Bechtle
Paul Pelosi

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.
Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
Disability access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

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