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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, July 19, 2005
1:00 PM

Rescheduled 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 Board Meeting Minutes for June 21, 2005.

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 4

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

1. 050866 [Authorizing Agreement with J.P. Morgan Electronic Financial Services, Inc] Supervisor Ammiano
Resolution authorizing an agreement with J. P. Morgan Electronic Financial Services, Inc. to facilitate the use of state-issued Electronic Benefits Transfer cards at the Alemany Farmer's Market.
Question: Shall this Resolution be ADOPTED?


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

2. 051030 [Single Standard of Mental Health Access and Care] Supervisors Daly, Peskin, Mirkarimi
Ordinance adding Section 15.23 to the Administrative Code to provide for single standard of mental health services access and care for indigent and uninsured San Francisco residents and residents who are Medi-Cal beneficiaries.
(Fiscal impact.)

7/12/2005, PASSED ON FIRST READING. Supervisor Mirkarimi requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

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

3. 050830 [Zoning - Allow Tourist Hotels of 75 Rooms or Less in the SSO District as conditional uses] Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending Sections 803.4 and 818, and adding Section 818.78 to Table 818 to allow a tourist hotel of 75 rooms or less as a conditional use in the SSO (Service/Secondary Office District); adopting findings.
7/12/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, McGoldrick

4. 051031 [Requiring additional reporting and recordkeeping by residential hotels and authorizing additional inspections] Supervisors Daly, Mirkarimi
Ordinance amending the San Francisco Administrative Code by amending Section 41.9, to require additional reporting and recordkeeping by residential hotels and establishing additional inspection authority to ensure compliance with California Civil Code Section 1940.1.
7/12/2005, PASSED ON FIRST READING. Supervisor Mirkarimi requested to be added as a co-sponsor.
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

From the Clerk

5. 051305 [Adopting findings related to affirming the categorical exemption for 1740 20th Street]
Motion adopting findings 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)
7/13/2005, REFERRED to Board of Supervisors.
Question: Shall this Motion be ADOPTED?

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

6. 050968 [Annual Budget, FY 2005-06]
Motion approving Annual Budget for the City and County of San Francisco for Fiscal Year 2005-2006. (Clerk of the Board)
(Supervisors Mirkarimi and McGoldrick Dissenting in Committee)

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Motion be ADOPTED?

7. 051130 [Government Funding, Fiscal Year 2005-2006] Mayor
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.)
(Supervisor McGoldrick Dissenting in Committee)
(Supervisor Mirkarimi Dissenting in Committee on the Annual Appropriation Ordinance for Selected Departments)

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

8. 051131 [Public Employment, Fiscal Year 2005-2006] Mayor
Consolidated 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.)

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Mirkarimi, Elsbernd, Ma

9. 050995 [Redevelopment Agency Budget and Bonds] Mayor
Resolution approving the Budget of the Redevelopment Agency of the City and County of San Francisco for fiscal year 2005-2006; and approving the Issuance by the Agency of Bonds in an aggregate principal amount not to exceed $118,000,000 for the purpose of financing a portion of Redevelopment activities as described in such approved Budget for fiscal year 2005-2006.
(Fiscal impact.)

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Resolution be ADOPTED?

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

10. 050997 [Treasure Island Development Authority Budget] Mayor
Resolution approving the Budget of the Treasure Island Development Authority for fiscal year 2005-2006.
(Fiscal impact.)

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Resolution be ADOPTED?

11. 050983 [Clarifying that the Bureau of Delinquent Revenue is authorized to add costs incurred in collecting money owed to the city to the original charge and to collect those costs from the Mayor
Ordinance amending Chapter 10, Article V of the San Francisco Administrative Code by amending Section 10.41-1 to authorize the Bureau of Delinquent Revenue Collection to collect costs incurred in collecting claims for money owed to the City, to add those costs to the original charge and to collect those costs from the debtor.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 050984 [Increasing fees for certain services provided by the Medical Examiner] Mayor
Ordinance making environmental findings, and amending San Francisco Administrative Code Section 8.14, to increase the fees for forensic non-medical examiner or outside county autopsy, disaster bags, removal of remains, and storage of remains.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 050985 [Patient Rates] Mayor
Ordinance amending Section 128 of the San Francisco Health Code to set patient rates and other services provided by the Department of Public Health, effective July 1, 2005.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 050986 [Public Works Code occupancy assessment fees for various encroachments] Mayor
Ordinance amending the Public Works Code to amend Section 723.2 to adopt a public right-of-way occupancy assessment fee for minor sidewalk encroachments, to amend Section 724.1 to modify the public right-of-way occupancy assessment fee for temporary street occupancy permits; and to add Section 786.7 to adopt a public right-of-way occupancy assessment fee for street encroachments; and making environmental findings.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 050987 [Golf Fees - Harding Park, Golden Gate Park, McLaren Park] Mayor
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by amending Sec. 12.12 to increase the fees at Harding Park and Fleming Golf Courses; amending Sec. 12.16 to increase the fees at Golden Gate Park Golf Course; amending Sec. 12.20 to authorize an annual cost of living increase in golf fees; and amending Sec. 12.33 to set a maximum fee for golf cart rentals.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Ammiano, Elsbernd, Ma, McGoldrick

16. 050989 [Recreation and Park - Tiny Tots Fees] Mayor
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by adding Section 12.35 to standardize the Department's Tiny Tot/Child Development Program's curriculum and associated fee schedule.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 050990 [Recreation and Park Department - Athletic Field Permit Fees for Adults] Mayor
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by adding Section 12.36 to increase the fees for use of the athletic fields by adults.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 050991 [Recreation and Park - Aquatic Fees] Mayor
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by adding Section 12.34 establishing the fee structure for use of aquatic facilities and for related aquatic activities.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 050992 [Lake Merced Fees - Boat Storage] Mayor
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by adding San Francisco Park Code Section 12.38 to establish boat storage fees.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 050999 [Arts Commission Special Funds] Mayor
Ordinance amending Article XIII of the San Francisco Administrative Code by amending Sections 10.100-28, 10.100-30 and 10.100-34 to redesignate the Arts Commission Market Street Art Maintenance Fund and the Arts Commission Youth Arts Fund as sub-accounts of the Arts Commission Public Arts Fund.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 051000 [Board of Appeals Surcharge] Mayor
Ordinance (1) amending Section 10G.1 of the San Francisco Administrative Code to add a Board of Appeals surcharge for tobacco retailer's permits issued pursuant to San Francisco Health Code Section 1009.53, (2) amending Section 10G.1 to adjust the surcharges for permits and annual license renewals issued pursuant to San Francisco Police Code Sections 2.26, 2.27 and 2.27.1, and (3) making findings pursuant to the California Environmental Quality Act, Public Resources Code Section 21080(b)(8)(A), that the new Board of Appeals Surcharge and adjustments to existing Board of Appeals surcharges are not a "project" and that such surcharges are imposed for the purpose of meeting operating expenses of the Board of Appeals, including employee wage rates, fringe benefits and other direct and indirect overhead charges attributable to administrative appeals to the Board of Appeals pursuant to Charter Section 4.106.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Ammiano, Elsbernd, McGoldrick

22. 050993 [Providing for waiver of fees and changing fees for Emergency Medical Services and making environmental findings] Mayor
Ordinance amending Article 3 of the Health Code by adding Section 120.1 to require the San Francisco Fire Department to waive fees for Emergency Medical Services upon a showing that all persons legally obligated to pay have insufficient income to pay the bill without undue hardship and the patient is not covered by insurance; and amending Section 128.1, to create a fee for providing service to a patient without transporting the patient, to increase the base rate fees for both Basic Life Service and Advanced Life Service, to increase the fee for mileage, to eliminate the fee for night service, to substitute a flat fee for supplemental supplies in place of fees for individual supplies used to treat each patient, to amend the language regarding changes in fees in subsequent years to fix typographical errors, to eliminate the provision by which the San Francisco Fire Department could add charges for additional supplies, and to make environmental findings.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 050994 [Increasing Fire Department Fees For Service] Mayor
Ordinance amending Sections 106.8, 106.9, 106.11, 106.15, 106. 17, and Table 106B of the San Francisco Fire Code to increase the San Francisco Fire Department's fees for high rise inspection, plan review, pre-application plan review, overtime, and water flow requests, to become operative on its effective date or on July 1, 2005 whichever is later, and making environmental findings.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

24. 051001 [Making Environmental Findings and Establishing the Community Courts Program and Administrative Fee] Mayor
Ordinance making required environmental findings; amending section 10.100-95 of the Administrative Code to provide that monies collected from participants in the Community Court Program to settle disputes or dismiss charges be deposited in the Mayor's Community Support Fund and make other technical amendments; amending section 10.100-295 of the Administrative Code to designate the Mayor's Office of Criminal Justice as administrator of the Dispute Resolution Program and Fund and to designate the Mayor's Office of Criminal Justice and the District Attorney's Office as administrators of the Community Courts Program; and to add section 10.183 to the Administrative Code to establish and authorize the District Attorney to collect a Community Court Program Administrative Fee to recover the City's costs for the District Attorney to participate in the operation of the Community Courts Program.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 051002 [Establishing Mayor's Office on Disability administrative fees for plan reviews and site inspections] Mayor
Ordinance making environmental findings and amending the San Francisco Administrative Code by adding a new section 2A.22.1 establishing Mayor's Office on Disability administrative fees for plan reviews and site inspections.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Ammiano, Mirkarimi, Elsbernd, McGoldrick

26. 051003 [Repeal of exemption from paying tow and storage fees on stolen vehicles, and waiver of an administrative fee for recovered stolen vehicles owned by residents] Mayor
Ordinance repealing San Francisco Administrative Code Section 10C.8-1, which exempts residents of San Francisco from paying tow and storage fees on stolen vehicles, and amending San Francisco Administrative Code Section 10C.1 and San Francisco Traffic Code Section 170.1 to exempt City residents from payment of an administrative fee in connection with the towing and storage of stolen vehicles.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 051004 [Recovery of the City's costs of emergency response to incidents resulting from the negligent operation of a motor vehicle, boat or vessel by a person under the influence of alcohol or Mayor, Supervisors Ma, Mirkarimi
Ordinance adding Chapter 10H to the San Francisco Administrative Code authorizing the City to recover the costs of emergency response to incidents resulting from negligent operation of motor vehicles, boats or vessels by persons under the influence of alcohol or drugs, and the costs of emergency response to incidents caused by individuals' intentionally wrongful conduct; defining emergency response for the purpose of this chapter; providing for the establishment by ordinance of the standard, hourly charges for personnel and equipment used in emergency response to such incidents; and directing the Police Department, Fire Department and the Health Department to coordinate with designated City officials to prepare and deliver invoices to the persons responsible for the costs of the City's emergency response to such incidents.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

28. 050917 [Planning Department fee increases and permit surcharge to cover costs of appeals to the Board of Supervisors] Supervisor Peskin
Ordinance amending the San Francisco Planning Code by amending Sections 352 and 355 and by amending the San Francisco Administrative Code by amending Section 31.22 to increase planning fees and add a surcharge to compensate the City for the costs of appeals to the Board of Supervisors; making environmental findings.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

29. 051027 [Entertainment Commission Permits, Licenses and Fees] Mayor
Ordinance (1) amending the San Francisco Police Code by amending Sections 2.2, 2.9, 2.25, 2.26, 2.27, 2.31, 43, 43.2, 48 1037.2, and adding Sections 1060.1-1 and 1070.1-1, to (i) increase the application fees for Place of Entertainment permits and permits for Extended Hours Premises, and the annual license fees for Places of Entertainment and Mechanical Amusement Devices, to defray the City's annual costs of Entertainment Commission operations attributable to such permitted businesses, (ii) eliminate distinctions between commercial and non-commercial uses for purposes of loudspeaker permits (iii) and to make technical amendments and corrections, as specified; (2) amending the San Francisco Business and Tax Regulations Code by amending Sections 1.1, 1.2, 1.3, 1.51, 8, and 23, and adding Sections 249.17, 249.18, and 249.19, to make technical amendments and corrections in conformity with the amendments to the Police Code; and (3) making findings pursuant to the California Environmental Quality Act, Public Resources Code Section 21080(b)(8)(A), that the adjustments to the fees are not a "project" and that such fees are imposed for the purpose of meeting operating expenses of the Entertainment Commission and Police Department, including employee wage rates, fringe benefits and other direct and indirect overhead charges attributable to such entertainment-related permits and annual licenses.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

30. 051133 [Repealing Revolving Fund for Commission on the Status of Women] Mayor
Ordinance amending the Administrative Code by repealing section 10.169-11 to eliminate the Commission on the Status of Women's revolving fund.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 051135 [Requiring City departments to report to the Board of Supervisors each quarter on those appropriations items where the department is spending at a rate that would exhaust the Mayor
Ordinance amending the San Francisco Administrative Code by adding Section 10.19-5, to require City departments to report to the Board of Supervisors each quarter on those appropriations items where the department is spending at a rate that would exhaust the appropriation before the end of the fiscal year.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

32. 051136 [Establishing the San Francisco City Services Preservation Fund to receive donations from employees and private donors in order to offset the City's deficit and preserve City services] Mayor
Ordinance amending the San Francisco Administrative Code by adding Section 10.100-290, to establish the San Francisco City Services Preservation Fund to receive donations from employees and private donors in order to offset the City's deficit and preserve City services.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

33. 051137 [Prohibiting the Department of Human Services from requiring fingerprint imaging of clients, unless required by grant programs, by state or federal law, by voter initiative, or by the Mayor
Ordinance amending the San Francisco Aministrative Code by adding Section 20.30, to prohibit the Department of Human Services from requiring fingerprint imaging of clients, unless required by grant programs, by state or federal law, by voter initiative, or by the County Adult Assistance Programs.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

34. 051138 [Authorizing department heads to accept and expend donations from recognized non-profit organizations for specified improvements to City-owned recreation, library, cultural or health Mayor
Ordinance amending the San Francisco Administrative Code by adding Section 10.88, to authorize department heads to accept and expend donations from recognized non-profit organizations to augment approved seismic upgrading, provide equipment, facility improvements or expansion and/or modification of City-owned recreation, library, cultural or health facilities.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

35. 051139 [Authorizing the Sheriff and Police Departments to implement a booking fee and seek State reimbursement; providing for cost recovery] Mayor
Ordinance amending the San Francisco Administrative Code by adding Section 8.27-1, to authorize the Sheriff and Police Departments to implement a booking fee and seek State reimbursement and to direct the Controller to provide for full cost recovery between the departments.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Ordinance be PASSED ON FIRST READING?

36. 051148 [Public Education Enrichment Fund] Supervisors Ammiano, Mirkarimi
Resolution approving the San Francisco Unified School District and the First Five Commission's expenditure plans for the Public Education Enrichment Fund.
7/12/2005, CONTINUED. Continued to July 19, 2005 Supervisor Mirkarimi requested to be added as a co-sponsor.
Question: Shall this Resolution be ADOPTED?

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

37. 050932 [Street Resurfacing, Pedestrian Safety and Access Improvement Bond Special Election] Supervisors Ammiano, Peskin
Ordinance calling and providing for a special election to be held in the City and County of San Francisco (the "City") on Tuesday, November 8, 2005, for the purpose of submitting to the voters of the City a proposition to incur the following bonded debt of the City: Two Hundred and Eight Million Dollars ($208,000,000) to finance street reconstruction, pavement renovation, disabled access curb ramp construction, sidewalk and street improvements, street structure rehabilitation and improvements, pedestrian safety street and signal improvements, street improvements for bicycle use and all other structures and improvements necessary or convenient for the foregoing purposes; finding that the estimated costs of such proposed projects are and will be too great to be paid out of the ordinary annual income and revenue of the City and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53; consolidating the special election with the general election; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot questions imposed by San Francisco Municipal Elections Code Section 510; complying with Section 53410 of the California Government Code; and incorporating the provisions of Article V of Chapter V of the San Francisco Administrative Code.
(Fiscal impact.)

7/12/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

38. 050254 [Amending Planning Code Sec 703.3 to designate formula retail uses as a conditional use in the Small-Scale NCD along Divisadero from Haight to Turk Streets] Supervisor Mirkarimi
Ordinance to amend the Planning Code by amending section 703.3 to designate formula retail uses as a conditional use in the Small-Scale Neighborhood Commercial District along Divisadero Street from Haight to Turk Streets and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
7/12/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

39. 050818 [Charter Amendment - Dividing appointments to the Municipal Transportation Agency's Board of Directors between the Mayor and the Board of Supervisors] Supervisor Ammiano
Charter amendment (Third Draft) to amend Section 8A.102, to divide appointments to the Municipal Transportation Agency's Board of Directors between the Mayor and the Board of Supervisors.
Supervisor Alioto-Pier dissented in Committee.

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

40. 050918 [Charter Amendment - Requiring that one-time revenues be spent only for one-time uses, unless otherwise authorized by the Board of Supervisors] Supervisor Elsbernd
Charter Amendment (Second Draft) to add Section 9.120 to require that one-time revenues be spent only for one-time uses, unless the Board of Supervisors appropriates the revenues for another purpose by a two-thirds' vote.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

41. 050927 [Charter Amendment - Imposing term limits for members of City boards and commissions; limiting hold-over appointments] Supervisor Peskin
Charter Amendment (Third Draft) to add Section 4.101.5 to impose term limits for members of City boards and commissions and to limit hold-over appointments.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

42. 050928 [Charter Amendment - Ethics Commission Charter Amendment] Supervisor Mirkarimi
Charter Amendment (Second Draft) to amend Section C3.699-14 to establish a budget process for the Ethics Commission and add Section C3.99.15 to authorize the hiring of outside counsel for specified conflicts.
(Fiscal impact.)

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

Present: Supervisors Alioto-Pier, Peskin

43. 050925 [Charter Amendment - Minimum qualifications for members of City bodies that oversee and administer election, campaign finance, lobbying, conflict of interest, open meeting and public Supervisor Alioto-Pier
Charter Amendment (Second Draft) to add Section 15.104 to create minimum qualifications for members of City bodies that oversee and administer election, campaign finance, lobbying, conflict of interest, open meeting and public records laws.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

From the Rules Committee Without Recommendation
Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

44. 050492 [Charter Amendment - Authorizing Board of Supervisors to meet by teleconferencing during state of emergency; requiring Board to post various notices on its website and eliminating Supervisors Ma, McGoldrick
Charter Amendment (Third Draft) to amend Section 2.103 to allow the Board of Supervisors to meet by teleconferencing or other electronic means during a state of emergency, and by amending Sections 2.103, 2.108, 2.117, 16.112, and Article XVII, to: (1) require that City departments, including the Board of Supervisors, to post various notices on the departments' websites and eliminate the requirement that the departments publish such notices in the City's official newspaper; and (2) assign individual section numbers to the definitions contained in Article XVII.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

45. 050926 [Charter Amendment - Neighborhood Beautification Initiative] Supervisor Alioto-Pier
Charter Amendment (Third Draft) to add Section 8A.114 to provide that the Board of Supervisors may create "Neighborhood Beautification Districts" by ordinance, require the operation of parking meters on Sundays in specified Neighborhood Beautification Districts, and require that all revenue raised from the Sunday operation and enforcement of parking meters in a Neighborhood Beautification District, less any operational costs for enforcement, be used for pedestrian, street, and neighborhood improvements related to traffic regulation, safety and control in that district.
(Fiscal impact.)

7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

Present: Supervisors Alioto-Pier, Peskin

46. 031567 [Charter Amendment - Establishing an Emergency Health Care Services Fund and baseline funding for the Fund] Supervisor Daly
Charter Amendment (Fourth Draft) to add Section 16.126 to increase the fiscal authority of the Health Commission and establish a stable baseline funding level for the Department of Public Health to ensure the continued operation of San Francisco public health services.
9/23/2003, SUBSTITUTED to Board of Supervisors. Supervisor Daly submitted a substitute Charter amendment bearing new title.
11/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Daly, seconded by Supervisor Ammiano, moved an amendment of the whole. (Third Draft)
11/4/2003, CONTINUED AS AMENDED. Continued to November 18, 2003 with the Board Sitting as a Committee of the Whole.
11/18/2003, RE-REFERRED.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

Present: Supervisors Alioto-Pier, Mirkarimi

47. 050929 [Charter Amendment - MTA budget to be accountable to Mayor and Board of Supervisors; shared jurisdiction; compliance with voter-approved ordinances; Controller to administer MTA quality Supervisor Sandoval
Charter Amendment (Second Draft) to amend Sections 8A.102, 8A.106, and 8A.107, to provide that: the Municipal Transportation Agency's budget shall be subject to the City's normal budget process; the Municipal Transportation Agency shall be subject to regulation by the Board of Supervisors; the Municipal Transportation Agency must comply with voter-approved ordinances; and, the Controller, rather than the Agency, shall administer the biennial municipal transportation quality review survey and study.
7/12/2005, CONTINUED. Continued to July 19, 2005
Question: Shall this Charter Amendment be SUBMITTED?

From the Rules Committee and the Committee of the Whole

48. 050817 [Designating rent 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, and 29.7, to: include rent credits as "public monies" for purposes of the Fiscal Feasibility Ordinance; require additional information from applicants for environmental review; suspend application to certain projects undergoing environmental review, and, bar City departments from extending current Exclusive Right to Negotiate agreements until fiscal feasibility review has been successfully completed.
6/21/2005, PASSED ON FIRST READING.
6/28/2005, AMENDED.
6/28/2005, PASSED ON FIRST READING AS AMENDED. July 1, 2005 Amendment of the whole bearing new title. This matter will be considered at the July 12, 2005 with the Board Sitting as a Committee of the Whole.
7/12/2005, AMENDED.
7/12/2005, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

49. 051134 [Plan to spend additional funds from Human Services Care Fund] Mayor
Resolution submitting plan from the Human Services Agency explaining how it intends to spend revenues received by the Human Services Care Fund in excess of $11.9 million authorized by the Fund.
Question: Shall this Resolution be ADOPTED?

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

50. 051045 [Appropriate proceeds from the sale of bonds and the Water Enterprise's Fund Balance to fund the SFPUC Water System Improvement Program for fiscal year 2005-06 and the first six-months of Mayor
Ordinance appropriating $153,981,000 for project activities and $6,789,188 for program management services of bond sales proceeds, and $1,000,000 of the Water Enterprise's Fund Balance totaling $161,770,188 to fund the San Francisco Public Utilities Commission's (SFPUC) Water System Improvement Program for fiscal year 2005-06 and the first six-months of fiscal year 2006-07.
(Fiscal impact.)
Supervisor Daly dissented in committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

51. 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)
(Fiscal impact.)
Supervisor Daly dissented in committee.

Question: Shall this Resolution be ADOPTED?

52. 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 $38,000,000 to provide Program/Project/Pre-Construction Management Services for the San Francisco Water System Improvement Program. (Public Utilities Commission)
(Fiscal impact.)
Supervisor Daly dissented in committee.

Question: Shall this Resolution be ADOPTED?

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


SPECIAL ORDER 4:00 P.M.

53. 050086 [Public Hearing - 22nd Street Vacation between Arkansas and Connecticut Streets]
Hearing of persons interested in or objecting to the proposed ordinance ordering the vacation of the 22nd Street right-of-way between Arkansas and Connecticut Streets subject to reservations of certain utility easements in the vacated area; authorizing the sale of a portion of the vacated street area pursuant to the terms of an agreement for sale of real estate; adopting environmental findings and findings that such actions are consistent with the City's General Plan and the Priority Policies of Planning Code Section 101.1; and authorizing official acts in connection with this ordinance. (Clerk of the Board)
Action:___________________________

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

54. 050085 [Ordering vacation of 22nd Street between Arkansas and Connecticut Streets]
Ordinance ordering the vacation of the 22nd Street right-of-way between Arkansas and Connecticut Streets subject to reservations of certain utility easements in the vacated area; authorizing the sale of a portion of the vacated street area pursuant to the terms of an agreement for sale of real estate; adopting environmental findings and findings that such actions are consistent with the City's General Plan and the Priority Policies of Planning Code Section 101.1; and authorizing official acts in connection with this ordinance. (Real Estate Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?


SPECIAL ORDER 4:30 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.

55. 051226 [Public Hearing - Appeal of Final Mitigated Negative Declaration for 800 Brotherhood Way]
Hearing of persons interested in or objecting to the decision of the Planning Department, certified on May 19, 2005, approving a Final Mitigated Negative Declaration (Case No. 2003.0536E), for the proposed construction of up to 182 dwelling units on an approximately 7.7 acre undeveloped site located on the north side of Brotherhood Way, west of Chumasero Drive, east of Lake Merced Boulevard. The project would involve subdividing the site into about 121 lots and constructing 60 single-family homes and 61 2-unit dwellings. The 121 buildings would be between 3 and 4 stories tall, with heights up to 40 feet, and would total about 444,273 gross square feet. A mix of independently accessible and tandem parking spaces would be provided, for a total of 364 off-street parking spaces. Twenty-one on-street parking spaces would also be created along a new two-way internal private loop road. Access to the site would be via a new driveway on the unimproved portion of the north side of Brotherhood Way abutting the site. There would be a traffic signal at the new access driveway and Brotherhood Way intersection that would be interconnected with the existing signals at Brotherhood Way/School (Church) Access Road, located about 330 feet to the west, and the Chumasero Drive/Brotherhood Way intersection, about 560 feet to the east. The project site is located in an RM-1 (Mixed Residential, Low Density) District and a 40-X Height and Bulk District. The proposed project would require approval of a Conditional Use Authorization for a Planned Unit Development and exceptions for minimum lot sizes, minimum rear yards depths, and bay window dimension. (Appellants: June 17, 2005, filed by Julian P. Lagos on behalf of ParkMerced Residents Association; June 20, 2005, filed by Adena Rosmarin on behalf of Lakeshore Acres Improvement Club.)
(Companion measure to Files 051227, 051228, 051229; District 7.)

Action:___________________________

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

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

56. 051227 [Affirming adoption of the negative declaration for 800 Brotherhood Way]
Motion affirming Planning Commission adoption of the final negative declaration for 800 Brotherhood Way. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

57. 051228 [Reversing adoption of the negative declaration for 800 Brotherhood Way]
Motion reversing the Planning Commission adoption of the final negative declaration for 800 Brotherhood Way. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

58. 051229 [Preparation of findings to reverse adoption of the negative declaration for 800 Brotherhood Way]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for 800 Brotherhood Way. (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 will be considered by the Government Audit and Oversight Committee at a Special Meeting on Monday, July 18, 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, July 19, 2005.

59. 051196 [Service Agreement and Property Use License for Towing, Storage and Disposal of Abandoned and Illegally Parked Vehicles] Supervisor Peskin
Resolution approving the service agreement and property use license for towing, storage, and disposal of abandoned and illegally parked vehicles by and between the City and County of San Francisco and TEGSCO, LLC, d.b.a. San Francisco AutoReturn.
Question: Shall this Resolution be ADOPTED?


The following items will be considered by the City Operations and Neighborhood Services Committee at a Regular Meeting on Monday, July 18, 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, July 19, 2005.

60. 051221 [Community Benefit Districts] Supervisor Peskin
Resolution authorizing the Mayor to cast assessment ballots on behalf of the City and County of San Francisco as the owner of parcels of real property that are subject to assessment, except for parcels under the exclusive jurisdiction of the Port Commission or Municipal Transportation Agency, in the following proposed property and business improvement districts: Fisherman's Wharf Community Benefit District, North of Market/Tenderloin Community Benefit District, Noe Valley Community Benefit District and Castro/Upper Market Community Benefit District.
7/12/2005, RE-REFERRED to City Operations and Neighborhood Services Committee.
Question: Shall this Resolution be ADOPTED?

61. 051056 [STOP Intersections] Supervisor Elsbernd
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Haight and Shrader Street, stopping Haight Street at Shrader Street, making this an All-Way STOP;
Gladstone Drive at Maynard Street, stopping Gladstone Drive at Maynard Street;
Christopher and Warren Drives, stopping Christopher Drive approaching Warren Drive, the stem of this T-intersection;
Bryant and Ritch Streets, stopping Ritch Street at Bryant Street, the stem of this T-intersection;
Bryant and Zoe Streets, stopping Zoe Street at Bryant Street, the stem of this T-intersection;
16th Avenue at Moraga Streets, stopping southbound 16th Avenue at Moraga Street, making this T-intersection an All-Way STOP;
San Aleso Avenue at Darien Way, making this 2-Way STOP-controlled intersection an All-Way STOP;
San Aleso Avenue at Upland Drive, stopping the southbound direction of San Aleso Avenue; and,
Manor Drive at Upland Drive, stopping Manor Drive at Upland Drive, making this uncontrolled intersection a 2-Way STOP. (Parking and Traffic Department)
(6/3/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 3012.)

Question: Shall this Resolution be ADOPTED?

62. 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.

63. 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 64 through 78

64. 051289 [Accept-Expend Regional Grant - Department of the Environment] Supervisor Maxwell
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $15,400.00 from Altamont Education Advisory Board to expand recycling and lunchroom composting programs at schools in San Francisco.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

65. 051290 [Commending Julia Kavanagh] Supervisor Maxwell
Resolution commending Julia Kavanagh for her dedication and exemplary service to the community and proclaiming July 13, 2005 as Julia Kavanagh Day in San Francisco.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

66. 051291 [Promoting African-American Tourism] Supervisor Maxwell
Resolution promoting African-American tourism into San Francisco and encourages tourism as a development tool for targeted neighborhoods.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

67. 051296 [New grant from the California Department of Health Services, TB Control, for bioterrorism preparedness and regional civil detention of persistently non-adherent tuberculosis patients] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a new grant in the amount of $995,759 from the California Department of Health Services, TB Control Unit (CDHSTB) for the bioterrorism preparedness and dual use project for regional civil detention of persistently non-adherent tuberculosis patients, and to enter into an agreement for the use of these funds; for the period of April 27, 2005, to January 1, 2013.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

68. 051297 [Accept-Expend Corporate Grant - Department of the Environment] Supervisor Ma
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $61,223.20 from Air Products and Chemicals, Incorporated (Inc.) for completion of site work for a hydrogen fueling station.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

69. 051298 [Accept-Expend Regional Grant - Department of the Environment] Supervisor Maxwell
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $20,000 from the Environmental Protection Agency for its Bayview Hunters Point Community Air Monitoring Project (Bay-CAMP) in San Francisco's Bayview Hunters Point community.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

70. 051299 [Redevelopment Agency - Public Records Policy, Control of New Off-Sale Liquor Establishments, Control of Formula Retail Uses] Supervisor Mirkarimi
Resolution urging the Redevelopment Agency to establish a public records policy based on the San Francisco Sunshine Ordinance, to take appropriate steps to control new off-sale liquor establishments along Fillmore Street, and to control formula retail uses in the Western Addition Redevelopment Project Area A-2.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

71. 051300 [Commending Le Video on their 25th Anniversary] Supervisors Mirkarimi, Elsbernd
Resolution commending Le Video on the occasion of their 25th anniversary of providing San Francisco with an unparalleled selection of the world's cinema.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

72. 051301 [Commending Nihonmachi Little Friends] Supervisor Mirkarimi
Resolution commending Nihonmachi Little Friends on the occasion of the unveiling of their 30th Anniversary Mural.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

73. 051302 [State Bar of California 78th Annual Meeting] Supervisor Sandoval
Resolution urging the State Bar of California to reconsider its decision to have Kenneth Starr as a featured speaker at its 78th Annual Meeting in San Diego.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

74. 051303 [Recognizing the rededication of the Excelsior Branch of the San Francisco Public Library and commending the friends of the San Francisco Public Library for their commitment and efforts] Supervisor Sandoval
Resolution recognizing the rededication of the Excelsior Branch of the San Francisco Public Library and commending the Friends of the San Francisco Public Library for their commitment and efforts.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

75. 051304 [Apply for Regional/State Grant - Department of the Envrironment] Mayor
Resolution authorizing the Department of the Environment to apply for grant funds in the amount of $726,400 from the Bay Air Quality Management District for the purpose of implementing programs to improve air quality.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

76. 051283 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty, Mirkarimi
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

77. 051288 [Emergency Disadvantaged Business Enterprise Program - July 26, 2005, Committee of the Whole] Supervisor Ma
Motion for the Board of Supervisors to convene as a committee of the whole on July 26, 2005, at 4:00 p.m. to accept public testimony concerning the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.
7/12/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

78. 051306 [Restoring HIV/AIDS funding to the FY 03-04 spending level; authorizing the backfill of Ryan White CARE Act reductions for federal FY 06-07; requiring the development of an expenditure Supervisor Daly
Motion amending the motion to approve the budget to restore HIV/AIDS services funding to the FY 03-04 actual expenditure level by adding up to $6.2 million from any lawful source, authorizing the backfill of potential Ryan White CARE Act reductions in FY 06-07, requiring an expenditure plan; placing nine months on reserve.
7/12/2005, 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:_________________________________________

79. 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 July 5, 2005 through July 11, 2005, for reference by President to appropriate committee on July 19, 2005.
None.

PROPOSED RESOLUTIONS
Proposed resolutions received from July 5, 2005 through July 11, 2005, for reference by President to appropriate committee on July 19, 2005.

051239 [Lease of Real Property at One South Van Ness Avenue]
Resolution authorizing the exercise of an option to lease 66,351 square feet of space on the fifth floor at One South Van Ness Avenue for the Mayor's Office of Housing and the Mayor's Office of Community Development and authorizing a 39,644 square foot sublease of such area to the San Francisco Redevelopment Agency. (Real Estate Department)
7/11/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

051256 [Sale of Surplus Property located at Manzano Way at Oak Creek Way in the City of Sunnyvale, Santa Clara County]
Resolution approving the public auction sale of unimproved surplus real property located on Manzano Way at Oak Creek Way in the City of Sunnyvale, Santa Clara County for a purchase price of $690,000; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department)
7/8/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

051331 [Petitions and Communications]
Petitions and Communications received from July 5, 2005 through
July 11, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on July 19, 2005.

From Department of Public Works, reporting that the Richard Gamble Memorial Park is under the jurisdiction of the Municipal Railway and that work is currently underway to groom the park. (Reference No. 20050607-002) Copy: Supervisor Mirkarimi(1)

From Daniel Kahn, submitting request for a type 42 liquor license for "Bargain Bank" located at 566 Minnesota Street.(2)

From Fire Department, submitting list of sole source contracts entered into in fiscal year 2004-05.(3)

From S.F. Gray Panthers, submitting support for proposed legislation regarding Single Standard of Care. File 051030, Copy: Each Supervisor(4)

From Juvenile Probation Commission, submitting response to the Grand Jury's report on the Juvenile Probation Department.(5)

From concerned citizens, submitting support for proposed vacation of 22nd Street right-of-way between Arkansas and Connecticut Streets. File 050085, Copy: Each Supervisor(6)

From State Department of Parks and Recreation, announcing the John Spencer House was placed on the National Register of Historic Places.(7)

From Office of the Controller, submitting the semi-annual fiscal year 2004-05 Debarment report.(8)

From Sunshine Ordinance Task Force, submitting support for resolution condemning the homophobic and misogynistic public remarks by the Executive Director and members of the Residential Builders Association of San Francisco.File 050655(9)

From Office of the District Attorney, concerning fees collected for the First Offender Prostitution Program. (Reference No. 20050607-008) Copy: Supervisor Mirkarimi(10)

From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under management.(11)

From Clerk of the Board, regarding gifts received by the department in fiscal year 2004-05.(12)

From Fire Department, submitting recommendations for improving the oversight and maintenance of neighborhoods and the environment in and around the surrounding neighborhoods of Sutro Tower. (13)

From War Memorial and Performing Arts Center, submitting list of sole source contracts entered into in fiscal year 2004-05.(14)

From Louis Dillon, submitting support for a horse carriage concession service for Louis Dillon at the De Young Museum.(15)

From Redevelopment Agency, regarding repair of a broken light in Mini-Park near 1111 Buchanan Street. (Reference No. 20050621-006) Copy: Supervisor Mirkarimi(16)

From Immigrant Rights Commission, submitting resolution concerning budget cuts on the implementation of the Equal Access to Services Ordinance and a resolution condemning the 49ers training video. Copy: Each Supervisor(17)

From Clerk of the Board, submitting notice that the Clerk of the Board's Office has received a report from the San Francisco Civil Grand Jury entitled "Continuity Report" released on July 5, 2005.Copy: Each Supervisor(18)

From the National Center on Addiction and Substance Abuse at Columbia University, submitting support for a proclamation supporting "Family Day" a day to eat dinner with your children. Copy: Each Supervisor(19)

Number not used.(20)

From concerned citizens, submitting support for docking the USS Iowa in San Francisco. File 051113, Copy: Each Supervisor(21)

From Berenice Palmer, submitting opposition to any budget cuts for the Friends of the Urban Forest.(22)

From concerned citizens, submitting opposition to proposed ordinance authorizing department heads to accept and expend donations from recognized non-profit organizations without full oversight and public input. File 051138(23)

From Department of Administrative Services, submitting list of sole source contracts for departments/divisions under the City Administrator and Administrative Service for fiscal
year 2004-05. Copy: Sunshine Ordinance Task Force(24)

From Office of the City Attorney, responding to appellant's June 29, 2005 letter concerning rejection of a Conditional Use Appeal for 800 Brotherhood Way. File 051234, Copy: Each Supervisor(25)

From Eileen Broken, submitting opposition to the provisions in File 050492 regarding the elimination of advertising in the City's official newspaper. File 050492(26)

From Eileen Broken, submitting opposition to proposed Street Resurfacing, Pedestrian Safety and Access Improvement Bond Special Election. File 050932(27)

From Department of Building Inspection, regarding issuance of a building permit for approval of a minor sidewalk encroachment permit at 11 Castenada Avenue. File 050908, Copy: Each Supervisor(28)

From Aaron Hazlewood, submitting support for a quality skateboard park in San Francisco.(29)

From Rebecca Ness, submitting notice that she paid for a parking ticket one year ago and is still getting notices asking for payment from the Department of Parking and Traffic. Copy: Department of Parking and Traffic(30)

From Supervisor Peskin, submitting appointment of Supervisor Elsbernd to fill the current vacancy on the Health Service Board, effective immediately.(31)

From Juvenile Probation Department, submitting notice that the Juvenile Probation Department did not enter into any sole source contracts in fiscal year 2004-05.(32)

From Department of Human Resources, submitting the Annual Salary Ordinance (ASO) for the fiscal year ending June 30, 2006.(33)

From Morrison and Foerster, regarding appeal of Final Negative Declaration for property located at 800 Brotherhood Way. File 051226, Copy: Each Supervisor(34)




From concerned citizens, submitting opposition to proposal to initiate a fee for driving downtown.(35)

From concerned citizens, submitting opposition to the new smoking ban in San Francisco. Copy: Each Supervisor(36)

From concerned citizens, submitting support for proposed Charter amendment regarding standards for Ethics Commissioners. File 050925, Copy: Rules Committee member's(37)

From concerned citizens, commenting on the City Controller's 2005 City Survey giving San Francisco a C+ for city services.(38)

From concerned citizens, concerning the alleged bedbug epidemic at the el-capitan hotel located at 2361 Mission Street.Copy: Supervisor Ammiano(39)

From Richard Skaff, regarding a constituent being denied entrance to the zoo because he needed an electric two-wheeled scooter to get around.(40)

From Phoebe Williams, commenting on proposed legislation regarding vicious and dangerous dogs.(41)

From David Nelson, submitting opposition to proposed San Francisco Gun-Ban Referendum.(42)

From California Department of Child Support Services, submitting notice that the Department of Child Support Services is again participating in an offset of the Permanent Fund Dividend payments distributed to non-custodial parents who are qualified Alaskan residents.(43)

From Paul Wilds, submitting his concern with the illegal fireworks that were set off across the City on the evening of July 4. Copy: Supervisor Daly(44)

From Kenneth Dueker, regarding the SF Environmentally Preferable Purchasing for Commodities Ordinance. File 050595(45)

From Andrea Alvarado, regarding why the Green Cross medical marijuana dispensary should remain open. File 051250, Copy: Each Supervisor(46)

From Robert Treanor, submitting notice of availability of a draft supplemental environmental document relative to proposed 2005-06 commercial herring fishing regulations.(47)

From Office of the Controller, submitting the Controller's Annual Report of Municipal Code-Mandated Fee Reviews and Schedules for fiscal year 2005-06.(48)

From Office of the City Administrator, submitting report on surplus City real property, along with maps, zoning and adjacent City property information.(49)

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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