Return to Full Board Agendas

Full Board Agendas

Board of Supervisors

City and County of San Francisco

Legislative Chamber - Second Floor
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

seal of the city and county of sf

AGENDA
Tuesday, June 28, 2005
2:00 PM

Regular Meeting

AARON PESKIN, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY,
BEVAN DUFTY, SEAN ELSBERND, FIONA MA, SOPHIE MAXWELL,
JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

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

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

Items 1 through 37

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

1. 050868 [To appropriate funding for San Francisco General and Laguna Honda Hospital operations] Mayor
Ordinance appropriating $16,363,000 in surplus revenues for salaries, fringe benefits, contractual services, materials and supplies, and capital projects at San Francisco General Hospital and $1,110,000 in surplus revenues for salaries and materials and supplies for Laguna Honda Hospital for a total of $17,473,000 for the Public Health Department for fiscal year 2004-05.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

2. 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, Supervisor Daly
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)
(Fiscal impact; Supervisor Elsbernd dissenting in Committee.)

6/21/2005, PASSED ON FIRST READING. Supervisor Daly requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

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

3. 050980 [Interim Government Funding, Fiscal Year 2005-2006 (Excluding Municipal Transportation Agency)] Mayor
Interim Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 2006.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

4. 050982 [Public Employment, Fiscal Year 2005-2006] Mayor
Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2006, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

5. 051007 [MOU - Automotive Machinists, Local 1414] Mayor
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Automotive Machinists, Local 1414, to be effective July 1, 2005 through June 30, 2006.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

6. 051008 [MOU - Deputy Probation Officers' Association] Mayor
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Deputy Probation Officers' Association, to be effective July 1, 2005 through June 30, 2006.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

7. 051009 [MOU - Institutional Police Officers' Association] Mayor
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Institutional Police Officers' Association, to be effective July 1, 2005 through June 30, 2006.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

8. 051012 [MOU - Committee of Interns and Residents/SEIU] Mayor
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Committee of Interns and Residents/SEIU, to be effective July 1, 2005 through June 30, 2006.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

9. 051013 [MOU - Staff and Per Diem Nurses, SEIU Local 790] Mayor
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Staff and Per Diem Nurses, SEIU Local 790, to be effective July 1, 2005 through June 30, 2006.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

10. 051014 [MOU - Teamsters, Local 856 (Supervising Nurses)] Mayor
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Teamsters, Local 856 (Supervising Nurses), to be effective July 1, 2005 through June 30, 2006.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

11. 051015 [Unrepresented Employees] Mayor
Ordinance Fixing Compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2005.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

12. 051017 [MOU - Municipal Executives' Association (Fire)] Mayor
Ordinance adopting and implementing Amendment No. 1 to the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association (Fire) by implementing physical examination/drug and alcohol screening, and compensation provisions, to be effective July 1, 2005.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

13. 051018 [MOU - Municipal Executives' Association (Police)] Mayor
Ordinance adopting and implementing Amendment No. 1 to the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association (Police), by extending the term of Agreement to June 30, 2007.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

14. 051019 [MOU - American Physicians and Dentists (Unit 8-CC)] Mayor
Ordinance adopting and implementing Amendment No. 2 to the Memorandum of Understanding between the City and County of San Francisco and the Union of American Physicians and Dentists (Unit 8-CC), by implementing an increased Child Psychiatric premium, to be effective July 1, 2005.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

15. 051020 [MOU - Union of American Physicians and Dentists (Unit 11-AA)] Mayor
Ordinance adopting and implementing Amendment No. 2 to the Memorandum of Understanding between the City and County of San Francisco and the Union of American Physicians and Dentists (Unit 11-AA), by implementing increased Psychiatric and Child Pyschiatric premiums, to be effective July 1, 2005.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

16. 051021 [MOU - Service Employees International Union, Locals 250, 535 and 790] Mayor
Ordinance adopting and implementing Amendment No. 2 to the Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Locals 250, 535 and 790, by implementing additional compensation and premium pay, to be effective July 1, 2005.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

17. 051022 [MOU - International Federation of Professional and Technical Engineers, IFPTE, AFL-CIO] Mayor
Ordinance adopting and implementing Amendment No. 4 to the Memorandum of Understanding between the City and County of San Francisco and the International Federation of Professional and Technical Engineers, IFPTE, AFL-CIO, by implementing additional compensation and amending premium pay language, to be effective July 1, 2005.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

18. 051023 [MOU - Transport Workers Union, Local 200 (SEAM)] Mayor
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Transport Workers Union, Local 200 (SEAM), to be effective July 1, 2005 through June 30, 2006.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

19. 051024 [MOU - Laborers International Union, Local 261] Mayor
Ordinance adopting and implementing Amendment No. 2 to the Memorandum of Understanding between the City and County of San Francisco and the Laborers International Union, Local 261, by implementing provisions related to the Department of Public Works - Laborers Apprenticeship Project, to be effective July 1, 2005.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

20. 050727 [Amending the Building Code Sections 106.3.2, 109, 209, 419, 1403, 1506, 2312.3.] Supervisor Mirkarimi
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)
6/21/2005, PASSED ON FIRST READING. Supervisor Mirkarimi requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

21. 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)
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

22. 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)
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

23. 050497 [Renaming the Department of the Medical Examiner as the "Office of the Chief Medical Examiner."] Mayor
Ordinance amending the San Francisco Administrative Code by amending Section 2A.250 to change the name of the Department of the Medical Examiner to "Office of the Chief Medical Examiner."
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

24. 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)
6/21/2005, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

25. 050697 [Requiring the Disaster Council to meet on a Quarterly Basis] Mayor
Ordinance amending the San Francisco Administrative Code by amending Section 7.4, to require the Disaster Council to meet on a quarterly basis.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

26. 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)
6/21/2005, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

27. 050698 [Requiring the Board of Supervisors to hold an annual hearing on the state of the City's disaster preparedness.] Mayor
Ordinance amending the San Francisco Administrative Code by adding Section 7.19, to require the Board of Supervisors to hold an annual hearing on the state of the City's disaster preparedness.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

28. 050817 [Designating rent and tax credits as "public monies" for purposes of Fiscal Feasibility Ordinance] Supervisors Peskin, Maxwell, Alioto-Pier, Mirkarimi
Ordinance amending the San Francisco Administrative Code by amending Sections 29.1, 29.3, 29.4, and 29.7, to: exempt voter-approved projects from the Fiscal Feasibility Ordinance; include rent credits and City-granted Mills Act tax credits as "public monies" for purposes of the Ordinance; require additional information from applicants for environmental review; set a deadline for Board action; and, suspend application to certain projects undergoing environmental review.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Alioto-Pier, Peskin

29. 051094 [Settlement of Lawsuit- Larry Saxxon]
Ordinance authorizing settlement of the lawsuit filed by Larry Saxxon against the City and County of San Francisco for $500,000.00; the lawsuit was filed on December 5, 2003 in the San Francisco Superior Court, Case No. 427029; entitled Larry Saxxon v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

30. 051099 [Authorizing Payment of Attorney's Fees and Costs After Appeal]
Ordinance authorizing the payment of $37,240.25 in attorney's fees and costs after the appeal in the lawsuit filed by John Baba, Philip Brady, Sergio Iantorno, John Zanghi, and Arnold W. Evje, II, against the Board of Supervisors of the City and County of San Francisco, the Residential Rent Stabilization and Arbitration Board of the City of the City and County of San Francisco, and the City and County of San Francisco. The lawsuit was filed on August 30, 2002, and the motion for attorney's fees and costs on appeal was filed on May 9, 2005, in San Francisco Superior Court (Case No. CPF-02-501589). (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 051100 [Settlement of Lawsuit - Francine Davis]
Ordinance authorizing settlement of the lawsuit filed by Francine Davis against the City and County of San Francisco for $170,000; the lawsuit was filed on May 28, 2004 in San Francisco Superior Court, Case No. 431-854; entitled Francine Davis, et al., v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

32. 051101 [Settlement of Lawsuit - San Francisco Unified School District]
Ordinance authorizing settlement of the lawsuit filed by the San Francisco Unified School District against the City and County of San Francisco by provision of credits and rate reductions not to exceed $225,000 on past sewer service and future sewer and water service, for FY 2004-06; the lawsuit was filed on November 12, 2004 in San Francisco Superior Court, Case No. 436-240; entitled San Francisco Unified School District, et al., v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

33. 051102 [Settlement of Lawsuit - Linda Alband]
Ordinance authorizing settlement of the lawsuit filed by Linda Alband against the City and County of San Francisco for $35,000; the lawsuit was filed on May 11, 2004 in San Francisco Superior, Case No. 431-258; entitled Linda Alband, et al., v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

34. 051103 [Settlement of Lawsuit - Transamerica Life Insurance Company, Transamerica Insurance Company of California, and Aegon U.S.A. Realty Advisors, Inc.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Transamerica Life Insurance Company, Transamerica Insurance Company of California, and Aegon U.S.A. Realty Advisors, Inc. for $121,957.36; the lawsuit was filed on March 11, 2005 in the Superior Court of the State of California, County of San Francisco, Case No. 439452; entitled City and County of San Francisco, et al., v. Transamerica Life Insurance Company, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

35. 051181 [Appointment - Asthma Task Force]
Resolution appointing Benjamin Heckman, term ending June 30, 2007, to the Asthma Task Force.
Benjamin Heckman, new appointment, seat 21, must be an individual who represents property interests (non-voting member), for the unexpired portion of a two-year term ending June 30, 2007.

Question: Shall this Resolution be ADOPTED?

36. 051095 [Settlement of Claim - Boston Properties]
Resolution approving the settlement of the unlitigated claim filed by Boston Properties Limited Partnership against the City and County of San Francisco for $211,097; claim was filed on June 2, 2004. (City Attorney)
Question: Shall this Resolution be ADOPTED?

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

37. 050578 [Passenger-Carrying Commercial Motor Vehicle Restrictions]
Ordinance repealing San Francisco Police Code section 1183.2 to delete restrictions on the operation of passenger-carrying commercial motor vehicles on certain streets.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

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

38. 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] Supervisors Sandoval, Daly
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)
(Fiscal impact; Supervisor Elsbernd dissenting in Committee.)

6/21/2005, PASSED ON FIRST READING. Supervisors Sandoval and Daly requested to be added as co-sponsors.
Question: Shall this Ordinance be FINALLY PASSED?

From the Government Audit and Oversight Committee With Recommendation "Do Not Pass"
Present: Supervisors Peskin, Elsbernd, Daly

39. 051016 [MOU - Municipal Attorneys' Association] Mayor
Ordinance adopting and implementing an arbitration award establishing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Attorneys' Association to be effective July 1, 2005 through June 30, 2006.
(Fiscal impact.)

6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

40. 041154 [Zoning Map Amendments] Supervisor Peskin
Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco, Section Map 2, to change the use district designation of Assessor's Block 0185, Lots 5, 29, 30, 31, 38, 39, 40, and 41 from NC-2 (Small-Scale Neighborhood Commercial District) to RM-1 (Residential, Mixed: Low Density); adopting findings pursuant to Planning Code Sections 302 and 101.1.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

41. 050297 [Zoning Map Amendment and Repeal of Planning Code Section 263.1] Supervisor Peskin
Ordinance amending the San Francisco Planning Code by repealing Section 263.1, which allows the Planning Commission to approve height up to 200 feet in the 65D-2 Height and Bulk District, and by amending the Zoning Map of the City and County of San Francisco, Sheet 1H, to change the height and bulk designation of Assessor's Block 0195, Lots 4, 5, 12, 14, 15 and 16 from 65D-2 to 40-X and to change the height and bulk designation of the remaining assessor's blocks and lots within the 65D-2 Height and Bulk District from 65D-2 to 65-A; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

42. 050299 [Zoning Map Amendment] Supervisor Peskin
Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco, Sheet 1H, to change the height and bulk designation of Assessor's Block 0139 from 84-E to 40-X and to change the height and bulk designation of Assessor's Blocks 0140 and 0141 from 84-E to 65-X; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1.
6/21/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Budget and Finance Committee
Present: Supervisors Ammiano, Mirkarimi, Elsbernd

43. 050602 [Recreation and Park - S.F. Small Craft Harbor Fees] Supervisor Alioto-Pier
Ordinance making environmental findings and amending the San Francisco Park Code by repealing Section 12.11 and adopting a new Section 12.11 to increase current fees and add additional rental and services fees at the San Francisco Small Craft Harbor.
Question: Shall this Ordinance be PASSED ON FIRST READING?

From the Budget and Finance Committee Without Recommendation
Present: Supervisors Ammiano, Mirkarimi, Elsbernd

44. 050763 [Lease of Real Property - One South Van Ness Avenue]
Resolution authorizing the exercise of an option to lease 66,317 square feet of space and extending the term of an existing lease at One South Van Ness Avenue for the Municipal Transportation Agency of the City and County of San Francisco. (Real Estate Department)
(Fiscal impact.)

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.

45. 041275 [Public Hearing - Appeal of Revised Certificate of Determination of Exemption from Environmental Review - American Buddhist Cultural Society Building located at 1730-1750 Van Ness Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 13, 2004, Case No. 2003.0657E, approving the proposed project to include: a renovation and vertical addition to the existing one-story-plus-mezzanine American Buddhist Cultural Society building; an expanded second level and construction of third and fourth levels for a total of four stories and a total height of approximately 70 feet; and add approximately 16,798 gross square feet (gsf) to the existing building for a total square footage of 27,758 gsf, located at 1730-1750 Van Ness Avenue, Assessor's Block 0622, Lot 019. (Appellant: 1776 Sacramento Street Homeowners Association, represented by the Law Offices of Stephen M. Williams).
(Filed September 9, 2004; companion measure to Files 041276, 041277, 041278; District 3.)

10/19/2004, CONTINUED. Continued to November 16 ,2004
11/16/2004, CONTINUED. Continued to December 14, 2004
12/14/2004, CONTINUED. Continued to January 25, 2005 at 4:00 p.m
1/25/2005, CONTINUED. Continued to February 8, 2005 at 4:00 p.m.
2/8/2005, CONTINUED. Continued to March 15, 2005.
3/15/2005, CONTINUED. The President inquired as to whether or not a member of the public wished to address the Board. Continued to April 26, 2005
4/26/2005, CONTINUED. Continued to June 28, 2005
Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the certification of determination of exemption/exclusion from environmental review 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.)

46. 041276 [Affirming the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion affirming the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
10/19/2004, CONTINUED. Continued to November 16, 2004
11/16/2004, CONTINUED. Continued to December 14, 2004
12/14/2004, CONTINUED. Continued to January 25, 2005 at 4:00 p.m.
1/25/2005, CONTINUED. Continued to February 8, 2005 at 4:00 p.m.
2/8/2005, CONTINUED. Continued to March 15, 2005
3/15/2005, CONTINUED. Continued to April 26, 2005
4/26/2005, CONTINUED. Continued to June 28, 2005.
Question: Shall this Motion be ADOPTED?

47. 041277 [Disapproving the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion disapproving the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
10/19/2004, CONTINUED. Continued to November 16, 2004
11/16/2004, CONTINUED. Continued to December 14, 2004
12/14/2004, CONTINUED. Continued to January 25, 2005 at 4:00 p.m.
1/25/2005, CONTINUED. Continued to February 8, 2005 at 4:00 p.m.
2/8/2005, CONTINUED. Continued to March 15, 2005
3/15/2005, CONTINUED. Continued to April 26, 2005
4/26/2005, CONTINUED. Continued to June 28, 2005.
Question: Shall this Motion be ADOPTED?

48. 041278 [Preparation of findings related to the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
10/19/2004, CONTINUED. Continued to November 16, 2004
11/16/2004, CONTINUED. Continued to December 14, 2004
12/14/2004, CONTINUED. Continued to January 25, 2005 at 4:00 p.m.
1/25/2005, CONTINUED. Continued to February 8, 2005 at 4:00 p.m.
2/8/2005, CONTINUED. Continued to March 15, 2005
3/15/2005, CONTINUED. Continued to April 26, 2005
4/26/2005, CONTINUED. Continued to June 28, 2005.
Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:30 P.M.

49. 050956 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 1740 20th Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated April 22, 2005 (Case No. 2003.0960E), exempting from environmental review under State CEQA Guidelines, Sections 15301(a), 15301(e)(2), and 4(b), Class Numbers 1(a), 1(e)(2), and 4(b). The proposed project includes a vertical L-shaped addition, and a horizontal addition to a single-family residence. The new addition would add 1,346-gross-square-feet to an existing 2,202-gsf, approximately 12-foot tall single-family residence. There is currently one off-street parking space on the project site. The proposed project would add one additional off-street parking space. The addition would be 23-feet tall at its highest point. The 5,000-square-foot project site is located at 1740 20th Street, northeast corner of 20th and Wisconsin Streets on Assessor's Block 4069, Lot 018. The project site is within an RH-2 (Residential, House, Two-Family) zoning district and a 40-X height and bulk district. (Appellant: Vincent Marsh on behalf of Bob Siska, property owner.)
(Filed May 20, 2005; companion measure to Files 050957, 050958, 050959; District 10.)

Action:___________________________

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

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

50. 050957 [Affirming the categorical exemption issued for 1740 20th Street]
Motion affirming the determination by the Planning Department that the 1740 20th Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

51. 050958 [Disapproving the categorical exemption issued for 1740 20th Street]
Motion disapproving the determination by the Planning Department that the 1740 20th Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

52. 050959 [Preparation of findings related to the categorical exemption issued for 1740 20th Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1740 20th Street Project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
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Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 5:00 P.M.

53. 050952 [Public Hearing - 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
Hearing of persons interested in or objecting to the decision of the Planning Department dated May 16, 2005, exempting from environmental review under State CEQA Classes 1 (Existing Facilities) and 3 (New Construction). The proposed project would involve the seismic upgrade of the existing Bay Division Pipelines (BDPL) Nos. 3 and 4, owned and operated by the San Francisco Public Utilities Commission (SFPUC), located in the City of Fremont, California. BDPL No. 3 was originally constructed in the 1950's before the construction of Interstate 680, and consists of a 78-inch reinforced concrete pipe. BDPL No. 4 built in the 1960's, also before the construction of Interstate 680, consists of a 96-inch prestressed concrete cylinder pipe.

The work to be performed would consist of seismic upgrade of BDPL Nos. 3 and 4 at the Hayward Fault crossing by constructing two new vaults, the installation of shutoff valves in each vault, and the construction of a control building on top of each of the vaults to contain electrical and standby generator back-up power and a condition assessment of the existing pipelines to determine potential maintenance needs. BDPL Nos. 3 and 4 provides potable drinking water to the East and South Bay areas. (Appellant: Lijia Chen on behalf of Cayuga Network consisting of 40 appellants.)
(Filed 5/23/05; companion measure to Files 050953, 050954, 050955.)

Action:___________________________

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

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

54. 050953 [Affirming the categorical exemption issued for SFPUC Bay Division Pipeline (BDPL) 3 & 4 Seismic Upgrade at Hayward Fault Project]
Motion affirming the determination by the Planning Department that the SFPUC Bay Division Pipeline (BDPL) 3 & 4 Seismic Upgrade at Hayward Fault Project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

55. 050954 [Disapproving the categorical exemption issued for SFPUC Bay Division Pipeline (BDPL) 3 & 4 Seismic Upgrade at Hayward Fault Project.]
Motion disapproving the determination by the Planning Department that the SFPUC Bay Division Pipeline (BDPL) 3 & 4 Seismic Upgrade at Hayward Fault Project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

56. 050955 [Preparation of findings related to Pipeline (BDPL) 3 & 4 Seismic Upgrade at Hayward Fault Project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the SFPUC Bay Division Pipeline (BDPL) 3 & 4 Seismic Upgrade at Hayward Fault Project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 5:30 P.M.

57. 051053 [Public Hearing - Appeal of Minor Sidewalk Encroachment Permit for 149 Fair Oaks Street]
Hearing of persons interested in or objecting to the decision of the Department of Public Works by its decision dated May 25, 2005, denying a Minor Sidewalk Encroachment Permit No. O5MSE-261 for the construction of 15'-0" long x 3'-0" wide planter box and enclosure, leaving an 8'-8" clear pathway along the public sidewalk right-of-way fronting the property at 149 Fair Oaks Street. (Sherri Maurin.)
(Filed June 7, 2005; companion measure to Files 051063, 051063, 051063, District 8.)

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.)

58. 051055 [Affirming Minor Sidewalk Encroachment Appeal - 149 Fair Oaks Street]
Motion affirming the Department of Public Works' denial of an Encroachment Permit for 149 Fair Oaks Street and denying an Encroachment Permit. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

59. 051054 [Disapproving Minor Sidewalk Encroachment Appeal - 149 Fair Oaks Street]
Motion disapproving the decision of the Department of Public Works' denial of an Encroachment Permit for 149 Fair Oaks Street and granting an Encroachment Permit. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item was considered by the Budget and Finance Committee at a Regular Meeting on Thursday, June 23, 2005 at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, June 28, 2005.

60. 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)
Question: Shall this Resolution be ADOPTED?

The following items will be considered by the Government and Audit Oversight Committee at a Regular Meeting on Monday, June 27, 2005 at 1:00 p.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, June 28, 2005.

61. 051096 [Extension of as-needed architectural services agreements for various public work projects]
Ordinance approving extension of As-Needed Architectural Services agreements with (1) Joe Chow & Associates for completion of the San Francisco General Hospital SwissRay Digital Chest Installation Project (Specification No. 6299A), the San Francisco General Hospital Orthopedic Room Renovation 3M (Specification No. 6288A), the San Francisco General Hospital 1x65 Radiology Department Remodel (Specification No. 6377A), the San Francisco General Hospital TBI Bathroom Remodel 4B (Specification No. 6246A), (2) Carey & Co., for completion of the Tom Waddell Health Center Elevator Replacement (Specification No. 6126A), and (3) Levy Design for the completion of the Coffman Pool Reconstruction Project (Specification No. 6214A), under Administrative Code Chapter 6, section 6.64. (Public Works Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

62. 050819 [Extending Early Retirement Program] Supervisor Ma
Resolution extending Early Retirement Program for and through fiscal year 2005-06.
(Fiscal impact.)

5/17/2005, REFERRED to Government Audit and Oversight Committee. Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. Supervisor Elsbernd requested that this matter be referred to Committee.
Question: Shall this Resolution be ADOPTED?

63. 051039 [Accept-Expend State Grant - District Attorney] Supervisors Ma, Dufty
Resolution authorizing the Office of the District Attorney to contract for, accept and expend up to $172,758 allocated from the California Victim Compensation and Government Claims Board for a project entitled the Criminal Restitution Compact for the period of July 1, 2005 through June 30, 2007.
Question: Shall this Resolution be ADOPTED?

64. 051037 [Renew Joint Power and Revolving Fund Contract with State] Supervisors Ma, Dufty
Resolution authorizing the Office of the District Attorney to enter into a Joint Power and Revolving Fund Contract with the California Victim Compensation and Government Claims Board to: (i) contract for, accept and expend up to $1,292,074 allocated from the California Victim Compensation and Government Claims Board for the assistance of victims and witnesses of crime for the period of July 1, 2005 through June 30, 2007; and (2) renew its current agreement with the California Victim Compensation and Government Claims Board, an agent of the State of California, for a revolving loan fund in the amount of $75,000 to be used to pay for verified funeral/burial expenses and emergency relocation for victims of domestic violence and sexual assault for an additional two years, from July 1, 2005 through June 30, 2007.
Question: Shall this Resolution be ADOPTED?

65. 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.

66. 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

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST
These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

67. 051203 [Legislative Analyst Request - Housing Above Retail] Supervisor Dufty
Motion requesting the Legislative Analyst to research, analyze, and gather data on Housing above retail. (1) How have other municipalities dealt with this issue?; (2) Have other cities (Seattle, Portland) offered incentives to encourage housing above retail?; and (3) Have the incentives been successful?.
Question: Shall this Motion be ADOPTED?

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 68 through 85

68. 051163 [Urging Representatives Nancy Pelosi and Tom Lantos to add their names to the list of Representatives sponsoring H.Con.Res.35, to call on the President to withdraw U.S. troops from Iraq] Supervisors Daly, Mirkarimi, Sandoval
Resolution urging Representatives Nancy Pelosi and Tom Lantos to add their names to the list of Representaives sponsoring H.Con.Res.35, introduced by Representative Lynn Woolsey.
6/14/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
6/21/2005, CONTINUED. Supervisors Mirkarimi and Sandoval requested to be added as co-sponsors.
Question: Shall this Resolution be ADOPTED?

69. 051183 [Commending California Trout and Pacific Gas and Electric on the Success of "Trout Day 2005"] Supervisors Elsbernd, Maxwell
Resolution commending California Trout and Pacific Gas and Electric on the success of "Trout Day 2005".
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

70. 051193 [Issuance and Sale of Revenue Bonds - San Francisco University High School] Supervisor Alioto-Pier
Resolution approving the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $20,000,000 for San Francisco University High School.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

71. 051197 [New Gas Tax Revenue] Supervisors Ammiano, Dufty, Sandoval
Resolution urging the Governor of California, the California Senate and Assembly to retain transit "spillover" funds for public transportation purposes as prescribed in current law and which would provide San Francisco MUNI with an additional $17.7 million in funds that could be used for transit operations and capital needs.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

72. 051205 [Supporting Federal Legislation regarding Endangered Species Act] Supervisor Peskin
Resolution affirming San Francisco's support for upholding the Endangered Species Act so it may continue to protect our plants and animals and the special places they live, from the finality of extinction, and urging federal and state elected representatives to do the same.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

73. 051206 [Trinity Plaza Development Agreement] Supervisor Daly
Resolution of the Board of Supervisors declaring its intent to enter into a binding Development Agreement concerning the proposed Trinity Plaza development project at 1177 Market Street.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

74. 051207 [Commending Derrick Lam] Supervisor Sandoval
Resolution commending Derrick Lam on the occasion of his retirement from the City and County of San Francisco.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

75. 051208 [Contract Approval - Department of the Environment] Supervisor Mirkarimi
Resolution pursuant to Charter section 9.118(a) authorizing the Department of the Environment to amend a contract with Pacific, Gas and Electric to add $685,500 to the contract amount and to extend the contract period for an additional year until June 30, 2006 in order to continue implementation of the Demand Reduction Through Energy Efficiency Pilot Program.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

76. 051209 [Resolution commending Charles Camilleri] Supervisor Dufty
Resolution commending Charles Camilleri on the occasion of his retirement
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

77. 051210 [Exclusive Negotiating Agreement for Development of the Old Mint] Supervisor Peskin
Resolution extending the expiration date of the Exclusive Negotiating Agreement between the City and the San Francisco Museum and Historical Society for the development of the Old Mint.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

78. 051211 [Old Mint; Transferable Development Rights] Supervisor Peskin
Resolution authorizing the director of property for the City and County of San Francisco to execute and cause to be recorded a Statement of Eligibility and a Certificate of Transfer and to take such other actions as may be necessary to effectuate the transfer of development rights from the Old Mint pursuant to Planning Code Section 128.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

79. 051212 [Zoning - Extension of Planning Commission Review Period] Supervisor Peskin
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code with respect to controls in the North Beach Neighborhood Commercial District
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

80. 051213 [Resolution urging Toyota Motor Corporation to stop destroying its zero-gasoline, zero-emission RAV4 EVs] Supervisors Daly, Mirkarimi
Resolution urging Toyota Motor Corporation to stop destroying its zero-gasoline, zero emission RAV4 EVs.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

81. 051214 [Zoning - Extension of Planning Commission Review Period] Supervisor McGoldrick
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Administrative Code to add Chapter 36 to establish uniform procedures for developing comprehensive neighborhood plans (the "Better Neighborhoods Planning and Implementation Process"); to Administrative Code Section 3.4 to provide for integrated Better Neighborhoods Plan budget documents, and to amend the Planning Code to add Section 312A regarding discretionary review for projects proposed in Better Neighborhoods Plan areas.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

82. 051215 [Urging State Legislators to Permit Person 16 Years of Age or Older to Vote in City or County Elections] Supervisors Mirkarimi, McGoldrick, Ammiano, Daly
Resolution urging the California Legislature to pass a bill that will allow local choice legislation, for which any city or county could permit persons 16 years or older to vote in city or county elections.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

83. 051216 [Supporting ACA17, primary voting rights for seventeen year olds.] Supervisor Mirkarimi
Resolution supporting ACA 17 which would allow for seventeen year olds who would turn eighteen prior to a general election to vote in the primary election for that general election.
6/21/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

84. 051127 [Final Map, Planned Development - Mission Bay]
Motion approving Final Map, Planned Development, Mission Bay (Block N5), a single-lot subdivision, being a Planned Development of Assessor's Block 8703, Lot 6; approving a public improvement agreement related to the final map; and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 and the Mission Bay North Redevelopment Plan and Plan Documents. (Public Works Department)
6/16/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

85. 051182 [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.
6/21/2005, 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:_________________________________________

86. 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 June 14, 2005 through June 20, 2005 for reference by President to appropriate committee on June 28, 2005.

051128 [Designate 1110 Taylor Street, the Glaser-Keating as as a Landmark]
Ordinance Designating 1110 Taylor Street, the Glaser-Keating House, As Landmark No. 251 Pursuant To Article 10, Sections 1004 And 1004.4 Of The Planning Code. (Planning Department)
6/17/2005, RECEIVED AND ASSIGNED to Land Use Committee.

051129 [General Plan Amendment in connection with the Executive Park -- Candlestick Cove Project]
Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Executive Park - Candlestick Cove Project; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the General Plan and the eight Priority Policies of Planning Code Section 101.1. (Planning Department)
6/20/2005, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 7/28/2005.

051231 [Department of Building Inspection Cash Revolving Fund]
Ordinance amending San Francisco Administrative Code Section 10.135 to increase the Cash Revolving Fund of the Department of Building Inspection from $200 to $600.
6/15/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from June 14, 2005 through June 20, 2005 for reference by President to appropriate committee on June 28, 2005.

051125 [Airport Contract Modification - Professional Services Agreement for contract No. 3399]
Resolution approving Modification No. 5, of the Professional Services Agreement for contract No. 3399 - Professional insurance brokerage services for specification, placement and administration of an OCIP for the Airport's Master Plan with J&H Marsh McLennan/Merriwether & Williams Insurance Services, to extend the term of the contract for three years for a new ending date of June 30, 2007. (Airport Commission)
6/17/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED MOTIONS

051240 [Petition and Communications]
Petitions and Communications received from June 14, 2005 through
June 20, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on June 28, 2005.

From Office of the Mayor, submitting sole source contracts for fiscal year 2004-2005 for The Department of Economic and Workforce Development. (1)

From Office of the Mayor, submitting sole source contracts for fiscal year 2004-2005 for the Mayor's Office. (2)

From Jo-Ann D'Angelo, expressing concern regarding the Department of Public Health's procedures for obtaining Birth/Death Certificates. Copy: Department of Public Health. (3)

From Recreation and Park Department, submitting sole source contracts for fiscal year 2004-2005. (4)

From concerned citizens, submitting letters of support urging to re-route the 27-Bryant bus line, received 38 letters. (5)

From Peggy Smith, submitting Thank You for the full Board support of the resolution opposing Coal-Fired Power Plant. File No. 051118 (6)

From Supervisor Chris Daly, submitting Jane Martin as his appointment to Seat 6 of the Utility Undergrounding Task Force. Copy: Rules Committee Clerk (7)

From concerned citizens, regarding proposed ordinance making environmental finding and amending the S.F. Park Code to increase current fees, etc. Copy: Each Supervisor and Budget & Finance Committee Clerk, File No. 050602, received 7 letters. (8)

From concerned citizens, protesting a disproportional emergency vehicle noise on Hyde Street. Copies: Each Supervisor, received 3 letters. (9)

From concerned citizens, opposing the proposal to initiate a fee for driving downtown. Received 62 letters (10)

From concerned citizens, urging the Board of Supervisors to hold Supervisor Daly responsible for his actions regarding the Transbay Terminal project. Received 4 letters (11)

From Department of Public Health, submitting response to Resolution #200-05 showing Laguna Honda Hospital's progress to date. File No. 050396, copies: Supervisors Peskin, Elsbernd, and Mirkarimi. (12)

From concerned citizen, expressing opposition to the proposed grocery bag tax. (13)

From Office of the Controller, submitting Controller's Discussion of the Mayor's Fiscal Year 2005-06 Proposed Budget (Revenue Letter - Fiscal Year 2005-06). Copies: Each Supervisor, Budget Analyst, Clerk of the Board, and Assistant Clerk of the Board. (14)

From Recreation and Park Department, submitting Human Rights Commission sole source waivers for amusement park trips for the youth and teens of San Francisco. (15)

From Municipal Transportation Agency, responding to request for safety review of the intersection of Divisadero, Castro, and Waller Streets. (Reference No. 20050215-004) Copy: Supervisor Mirkarimi (16)

From Ethics Commission, submitting Regulation to Implement the Campaign Finance Reform Ordinance. Copy: Each Supervisor (17)

From Ethics Commission, submitting Comment of Proposed Charter Amendments. Copies: Supervisor Peskin, Alioto-Pier, and Mirkarimi (18)

From Department of Elections, regarding Mock Election for Proposed New Voting Systems. Copies: Each Supervisor (19)

From San Francisco Architectural Heritage, submitting support for the proposed ordinance to repeal section 263.1 of the Planning Code and amend the Zoning Map. Copies: Supervisor Maxwell, Sandoval, and Mc Goldrick, File No. 050297 (20)

From Office of the City Attorney, submitting Planning Commission Motion No. 17028 regarding the Transbay Redevelopment Plan for Case No. 2004.0055R. (21)

From Department of Public Health, submitting a copy of waiver from compliance with Chapter 12B of the City's Administrative Code to contract with Metro Park Laundry. (22)

From Department of Public Works, responding to Supervisor Mirkarimi's request to report on the status of the repair of the empty sidewalk squares on the west side of Masonic, between Fell and Hayes Streets. (Reference No. 20050419-003), Copy: Supervisor Mirkarimi. (23)

From concerned citizens, expressing support for the Embarcadero/Broadway hotel and opposing the downzoning. File No. 050299. Copy: Land Use Committee Clerk, received 14 letters. (24)

From Stephen M. Harper, submitting support to bring the U.S.S. Iowa to San Francisco. Copy: Each Supervisor (25)

From Fire Department, submitting the 2004 Fire/Life Safety Inspection Report for the Taraval, Tenderloin, Park, and Northern Police Stations holding cells. (26)

From Office of the Controller, submitting response to the Finance and Budget Committee questions (June 9, 2005 meeting)- Average City and Contractor Costs for Proposition J Contracts. Copy: Budget and Finance Committee Clerk. (27)

From Office of the Controller, submitting response to the Finance meeting of June 16, 2005 - Budget Add Backs, Fiscal Year 2005-06. Copy: Budget and Finance Committee Clerk. (28)

From Department of Public Health, submitting document showing how the Mayor's proposed budget addresses virtually all of the Budget and Finance Committee's policy and program priorities for the FY 2005-2006 budget. Copies: Supervisors Ammiano, Mirkarimi, Elsbernd, Ma, Mc Goldrick, and Budget and Finance Committee Clerk. (29)

From M.R. Wolfe & Associates, submitting additional material in support of Appeal of Categorical Exemption, SFPUC Bay Division Pipeline (BDPL) 3 & 4, Seismic Upgrade at Hayward Fault, City of Fremont. (30)

From San Francisco Municipal Railway, submitting Short Range Transit Plan FY 2006-2025. (31)

From Law Offices of Stephen M. Williams, submitting Appeal of Categorical Exemption from Environmental Review for 899 North Point Street. (32)

From Julian P. Lagos, submitting Letter of Appeal - Mitigated Negative Declaration for 800 Brotherhood Way. (33)


From Office of the Governor, submitting proclamation signed by Governor Schwarzenegger calling for a special election to be held on November 8, 2005. (34)

From Telegraph Hill Dwellers, urging the Board to support the ordinance amending the SF Planning code by amending the zoning map to change the height and bulk designation of Assessor's Blocks 139, 140, and 141. File No. 050299, Copy: Land Use Committee Clerk. (35)

From concerned citizens, expressing opposition to the Mayor's proposed funding cuts for public access by 12% in the 2005-2006 fiscal year. Copies: Each Supervisor, received 2 letters. (36)

From Office of the Controller, submitting Review of West Bay Pilipino Multi-Service Center. (37)

From Office of the Controller, submitting The Controller's Follow-up Report on the Public Education Enrichment Fund for Consideration at the Budget and Finance Committee Hearing of June 22, 2005. File No. 051148, Copy: Budget and Finance Committee. (38)

From Human Rights Commission, submitting a Waiver Request for San Francisco Ministorage. (39)

From SF LAFCO, submitting memo regarding the Commission's Recommendation Regarding the Community Choice Aggregation Implementation Plan Prepared by Mr. Paul Fenn. (40)

From Richmond District Democratic Club, submitting opposition to funding RFID in the 2005-06 Budget. File No. 050968, Copies: Each Supervisor. (41)

From Monica Fish, submitting written public comment regarding the Unrepresented Employee Ordinance (MOU's). File No. 051015, Copies: Each Supervisor. (42)

From Marsh and Associates, submitting mailing list and labels for CEQA Appeal regarding 1740 - 20th Street. Copies: Each Supervisor. (43)

From The Rent Board, submitting sole source contracts for fiscal year 2004-2005. (44)

From Gina Moscone, advising the Rules Committee of her absence at the June 15, 2005 meeting. Copies: Supervisors Alioto-Pier, Mirkarimi, Peskin, and Daly. (45)

From Dale Sharp, expressing his opinion regarding the title Chinese American. (46)

From: concerned citizens, expressing opposition to the proposal to privatize the Asian Art Museum security guard force. (47)

From Henry Milich, expressing concern over bus service, graffiti, traffic, and the homeless problem in the City. (48)

From Patrick Landon, applauding the City's job on the North Beach swimming pool renovation and suggesting it be open for more hours during the day. (49)

From James Markunas Society, submitting copy of letter to Bay Area Reporter regarding their story entitled "Sheriff's deputy fired". Copies: Each Supervisor (50)

From Department on the Status of Women, submitting response to Supervisor Mirkarimi's request to report on the amount of grants that have been awarded to service providers located in and/or serving District 5. (Reference No. 20050503-010), Copy: Supervisor Mirkarimi (51)

From Jay Cox, submitting suggestion that the City pay private citizens to bring forth video taped evidence of a crime vs. utilizing crime cameras. (52)


From "Redacted", expressing concern over the City's homeless utilizing the UN Plaza/Civic Center area as a open air "flop house", drug store, and toilet. (53)

From John Cervantes, seeking support for the Mayor's proposed Recreation and Park budget. Copy: Each Supervisor (54)

From Fire Department, submitting Annual detention Facility Inspection for Youth Guidance Center - Juvenile Hall. (55)

From Fire Department, submitting Annual Fire and Life Safety Holding Cell Inspection for Bayview Police Station. (56)

From Fire Department, submitting Annual Holding Cell Fire Inspection for Ingleside Police Station. (57)

From Pamela Young, urging the Board to vote against the Waterfront Hotel project. (58)

From concerned citizen, submitting petition in support of the efforts of the Pacific Avenue Neighborhood Association to change the zoning of lots currently zoned NC-2 to RM-1. File No. 041154 (59)

From Russ Potter, expressing opposition to the TransBay Terminal Project. (60)

From Mansfield Kimbro, Jr., expressing concern over the San Francisco Chronicle's newspaper story entitled "Alicia's Story". (61)

From San Francisco Gray Panthers, urging the Board to support the proposed Single Standard of Care legislation. File No. 051030, Copy: Government Audit & Oversight Committee Clerk. (62)

From Elena Bridges, submitting suggestion that medical marijuana patients not be required to register with the Department of Public Health. (63)

From concerned citizens, expressing concern over the recent Pit Bull mauling and urging the Board to do something about it. (64)

From concerned citizen, expressing concern over pesticide use when cultivating medical marijuana. (65)

From Office of the Controller, submitting The Controller's Follow-up Report on the Public Education Enrichment Fund for Consideration at the Budget and Finance Committee Hearing of June 22, 2005. Copy: Budget and Finance Committee Clerk. (66)

From Michael Crandell, urging that the Health Service System's budget be funded to retain the 5 staff scheduled for layoff. (67)

From Debra A. Green, urging the Board not to approve funding for RFID in San Francisco's Public Libraries. File No. 050968 (68)

From Paula Datesh, expressing concern regarding 2 licensed street artists who blocked pedestrian traffic during the North Beach festival. Copy: Sueprvisor Peskin (69)

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

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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