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Full Board Agendas

Board of Supervisors
City and County of San Francisco

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

AGENDA
Tuesday, July 27, 2004
2:00 PM

Regular Meeting

MATT GONZALEZ, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY,
BEVAN DUFTY, TONY HALL, FIONA MA, SOPHIE MAXWELL,
JAKE McGOLDRICK, AARON PESKIN, 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 6

Recommendations of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

1. 040896 [Contracting Out Facility Security Services]
Resolution concurring with the Controller's certification that facility security services for Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by City and County employees. (Municipal Transportation Agency)

Question: Shall this Resolution be ADOPTED?

2. 040941 [Contracting Out Airport Information Booth Services] Mayor
Resolution approving the Controller's certification that Airport Information Booth Services at San Francisco International Airport can be practically performed by private contractor at a lower cost than in the work were performed cy City and County employees.

Question: Shall this Resolution be ADOPTED?

3. 040942 [Contracting Out Shuttle Bus Service] Mayor
Resolution approving the Controller's certification that shuttle bus service for San Francisco International Airport's Long-Term Parking Lot, the employee garage and surface Lot DD can practically be performed by private contractor at a lower cost than if work were performed by City and County employees.

Question: Shall this Resolution be ADOPTED?

4. 040966 [Contracting out Airport Employee Parking Services]
Resolution approving the Controller's certification that Airport Employee Parking Facilities for San Francisco International Airport can practically be performed by private contractor at a lower cost than if work were performed by city employees at budgeted levels. (Airport Commission)

Question: Shall this Resolution be ADOPTED?

5. 040967 [Contracting out Airport Public Parking Services]
Resolution approving the Controller's certification that Airport Public Automobile Parking Facilities for San Francisco International Airport can practically be performed by private contractor at a lower cost than if work were performed by city employees at budgeted levels. (Airport Commission)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Land Use Committee

Present: Supervisors McGoldrick, Peskin

6. 040987 [Including biotechnology business to the First Source Hiring Program] Supervisors Maxwell, Dufty, Gonzalez
Ordinance amending Administrative Code section 83.4 to define and include biotechnology business as a "commercial activity" and a "development project" for purposes of the First Source Hiring Program.

7/20/2004, PASSED ON FIRST READING. Supervisor Gonzalez 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

Recommendations of the Budget Committee

Present: Supervisors Sandoval, Daly, McGoldrick

7. 040725 [Government Funding for Fiscal Year 2004-2005]
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, 2005. (Mayor)

(Fiscal impact.)
Supervisor Daly dissented in Committee.
(Charter Section 9.100 provides the Board shall not adopt the Budget earlier than July 15, 2004 nor later than August 1, 2004.)

7/13/2004, CONTINUED. Continued to July 20, 2004

7/20/2004, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

8. 040726 [Public Employment, Fiscal Year 2004-2005]
Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2005, 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. (Mayor)

Supervisor Daly dissented in Committee.
(Charter Section 9.100 provides the Board shall not adopt the Budget earlier than July 15, 2004 nor later than August 1, 2004.)

7/13/2004, CONTINUED. Continued to July 20, 2004

7/20/2004, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

From the Finance and Audits Committee "Without" Recommendation

Present: Supervisors Daly, Peskin, Ammiano

9. 040744 [Interdepartmental jurisdictional transfer of surplus property] Supervisors Peskin, McGoldrick
Ordinance transferring jurisdiction from the Public Utilities Commission to the Real Estate Division of the Administrative Services Department over certain portions of former municipal railway right-of-way property located in San Mateo County for the purpose of disposing of such property at fair market value and transferring the net proceeds to the City's General Fund. (Mayor)

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

10. 040751 [Transactions and Use Tax]
Ordinance amending the Business and Tax Regulations Code to add Article 16-A to impose a transactions and use tax at the rate of one-quarter of one percent (0.25%) in accordance with Parts 1.6 and 1.7 of Division 2 of the California Revenue and Taxation Code, (ii) directing submission of the tax for voter approval at the November 2, 2004 election and setting forth the ballot question therefor. (Mayor)

7/13/2004, AMENDED.

7/13/2004, CONTINUED AS AMENDED ON FIRST READING. Continued to July 20, 2004 with the Board Sitting as a Committee of the Whole

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

11. 040758 [Business Tax] Mayor
Ordinance amending the Business and Tax Regulations Code to: (1) enact a new Article 12-A-1 (Business Tax Ordinance), as specified, to impose a business tax for four years on all persons engaging in business in San Francisco measured by the gross receipts of the business at the rate of one tenth of one percent (0.1%) for the 2005 tax year and, if Business Tax revenues collected in such year exceed $30 million, a lower rate for the 2006, 2007 and 2008 tax years, as specified; (2) amend Article 12-A (Payroll Expense Tax Ordinance), as specified, to: (i) conform Article 12-A with the enactment of the Business Tax Ordinance, (ii) clarify the payroll expense of partnerships, Subchapter S corporations, limited liability companies, limited liability partnerships and other persons or entities not subject to federal income tax or which are allowed a deduction in computing such tax for distributions to the owners or beneficiaries of such persons or entities ("pass-through entities"), and (3) amend Article 6 (Common Administrative Provisions), as specified, to add definitions and conform common administrative provisions with the enactment of the Business Tax Ordinance and amendments to the Payroll Expense Tax Ordinance.

Supervisor Daly dissented in Committee.

7/13/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

7/13/2004, CONTINUED AS AMENDED ON FIRST READING. Continued to July 20, 2004 with the Board Sitting as a Committee of the Whole

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

12. 040592 [Payroll Expense Tax Exclusion for Biotechnology Business] Supervisors Alioto-Pier, Ma, Hall
Ordinance amending the Payroll Expense Tax Ordinance to establish a tax exclusion for biotechnology businesses, as specified.

6/29/2004, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Alioto-Pier called this measure from the Finance and Audits Committee for Board consideration July 13, 2004. 7/6/04: Notice of Matter Called out of Committee mailed and faxed.

7/13/2004, CONTINUED. Continued to July 20, 2004

7/20/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

7/20/2004, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Peskin

13. 040141 [Transit Impact Development Fee] Supervisors McGoldrick, Gonzalez
Ordinance repealing San Francisco Administrative Code Chapter 38 (Transit Impact Development Fee) and replacing it with a new Chapter 38 (Sections 38.1, through 38.14), to enact a new Transit Impact Development Fee.

7/20/2004, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

14. 040144 [Basic Floor Area Ratio Limit for C-M Zoning Districts] Supervisors Daly, Gonzalez

7/20/2004, AMENDED. Supervisor Gonzalez requested to be added as a co-sponsor.

7/20/2004, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

15. 040661 [Zoning Map amendment reclassifying the height and bulk limits of Assessor's Block 3701, Lot 063]
Ordinance amending Zoning Map Sheet 7H of the City and County of San Francisco to reclassify the height and bulk limits of the property at 55 Ninth Street, Lot 063 in Assessor's Block 3701, from 120-X to 200-S, adopting findings pursuant to the California Environmental Quality Act, and making findings of consistency with the priority policies of Planning code Section 101.1 and the General Plan. (Planning Department)

(Companion measure to File No. 040633.)

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

16. 040633 [General Plan Amendment in connection with 55 Ninth Street]
Ordinance amending the San Francisco General Plan in connection with approvals for the proposed State Compensation Workers Fund office building at 55 Ninth Street; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendments is consistent with the eight Priority Policies of Planning Code Section 101.1. (Planning Department)

(Companion measure to File No. 040661.)

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier

17. 040752 [Dissolving the Telecommunications Commission] Mayor, Supervisors Dufty, Ma
Ordinance amending the San Francisco Administrative Code by amending Sections 11.84, 11.85, and 11.86, and repealing Sections 11.87, 11.88, and 11.89, to dissolve the Telecommunications Commission. (Mayor)

7/20/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

7/20/2004, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

18. 040754 [Office of the City Administrator]
Ordinance amending the San Francisco Administrative Code by adding Section 2A.25 and amending Section 2A.30 to establish the Office of the City Administrator as a City department. (Mayor)

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

19. 040755 [Department of Convention Facilities] Mayor
Ordinance amending the San Francisco Administrative Code, Chapter 2A to add Article XVIII, section 2A.260 to establish and describe the responsibilities of the Department of Convention Facilities.

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

20. 040760 [Department of the Medical Examiner] Mayor
Ordinance amending the San Francisco Administrative Code, Chapter 2A to add Article XVII, section 2A.250 to establish and describe the responsibilities of the Department of the Medical Examiner.

7/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the City Services Committee

Present: Supervisors Dufty, Ma, Hall

21. 040889 [Requesting Real Estate Department to appraise the property at 220 Jones Street] Supervisor Gonzalez
Resolution requesting the Real Estate Department to appraise the parcel at 220 Jones Street and return a fair market value to the Board of Supervisors.

6/22/2004, REFERRED to Finance and Audits Committee.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

22. 040972 [Official Advertising - Type 1 consecutive day official advertising]
Resolution designating the San Francisco Chronicle to be the official newspaper of the City and County of San Francisco for the category of Type 1 consecutive day official advertising, for the period commencing July 1, 2004 and ending June 30, 2005. (Purchaser)

Question: Shall this Resolution be ADOPTED?

23. 040973 [Official Advertising - Type 2 non-consecutive day official advertising]
Resolution designating the San Francisco Independent to be the official newspaper of the City and County of San Francisco for the category of Type 2 non-consecutive day official advertising, for the period commencing July 1, 2004 and ending June 30, 2005. (Purchaser)

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

24. 041033 [Youth Commission Annual Report]
Report from the San Francisco Youth Commission. (Clerk of the Board)

Action: _____________________________________________

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

COMMITTEE REPORTS

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

The following item will be considered by the Rules Committee at a Rescheduled Meeting on Tuesday, July 27, 2004 at 11:00 a.m. The Chair may entertain a motion to send the following item to the Board on Tuesday, July 27, 2004 as a committee report.

25. 040883 [Directing the Clerk of the Board of Supervisors to submit the Incompatible Activities Statement to the Ethics Commission]
Motion directing the Clerk of the Board of Supervisors to submit the Incompatible Activities Statement to the Ethics Commission. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

The following items will be considered by the Rules Committee at a Special Meeting on Wednesday, July 27, 2004 at 11:00 a.m. The Chair may entertain a motion to send the following items to the Board on Tuesday, July 27, 2004 as committee reports.

26. 040667 [Declaration of Policy Concerning San Francisco Transactions and Use Tax Expenditures] Supervisor Ammiano
Motion submitting a declaration of policy to the qualified electors of the City and County of San Francisco at the November 2, 2004 election concerning the voters' non-binding recommendation that the proposed one-quarter of one percent (0.25%) San Francisco Transactions and Use Tax be expended to support and expand programs for low-income, vulnerable communities, including seniors, the disabled, children and homeless individuals and families.

Question: Shall this Motion be ADOPTED?

27. 040688 [Open Government Ordinance to provide for more public accessibility to meetings and documents, more public participation and to safeguard the maintenance of records.] Supervisor Daly
Motion ordering submitted to the voters an ordinance authorizing the OPEN GOVERNMENT ORDINANCE at an election to be held on November 2, 2004.

(Fiscal impact.)

Question: Shall this Motion be ADOPTED?

28. 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.

29. 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 30 to 39

30. 040560 [Adopting the 2004 Telecommunications Plan Update] Supervisor Ma
Resolution adopting the 2004 Update to the Telecommunications Plan, as submitted.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 040977 [Commending San Francisco Gem and Mineral Society] Supervisor Ma
Resolution recognizing the San Francisco Gem and Mineral Society for its efforts and achievements and declaring August 2 - 8, 2004 to be "Gem and Mineral Week" in the City and County of San Francisco.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 040993 [Helen Wills Park Gift Acceptance] Supervisor Peskin
Resolution accepting and expending a gift in the amount of $17,000.00 from the Syzygy Foundation for Helen Wills Park.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 041031 [Stenciled Graffiti Defacing San Francisco Sidewalks] Supervisors Dufty, Alioto-Pier, Ma, Maxwell
Resolution urging the Department of Public Works and the City Attorney to jointly cite and collect damages from NBC Universal, parent company of USA Network, or its representatives for stenciling graffiti on San Francisco sidewalks; and urging the Department of Public Works to track all costs associated with the cleanup of the sidewalk graffiti.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 041032 [Issuance and sale of multifamily housing revenue bonds by CSCDA for National Farm Workers Service Center, Inc.] Supervisor Dufty
Resolution authorizing the issuance and sale of multifamily housing revenue bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $26,000,000 for the Project (as defined herein).

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 041034 [Authorizing preparation of Proponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 2, 2004 Election] Supervisor Gonzalez
Motion authorizing preparation of written Proponent ballot arguments and rebuttal ballot arguments for Charter Amendments and other Measures approved by the Board of Supervisors for submittal to the voters at the November 2, 2004 Election.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

36. 041045 [Commending H. Welton Flynn] Supervisor Sandoval
Resolution acknowledging and commending H. Welton Flynn for his service as the Chairman of the Board of Directors for the San Francisco Municipal Transportation Agency.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 041046 [Proclaiming October 20, 2004 as A-day in San Francisco] Supervisor Sandoval
Resolution proclaiming October 20, 2004 as A-day in San Francisco.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 041047 [Commending Bayanihan Cultural Organization] Supervisor Sandoval
Resolution commending Bayanihan Cultural Organization for reaching a milestone of ten years of service educating youth in traditional Filipino culture.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 041044 [Commending The ARC of San Francisco and its "100 jobs in 100 days campaign] Supervisor Maxwell
Resolution commending The ARC of San Francisco and its "100 Jobs in 100 Days Campaign" for their efforts on behalf of citizens with developmental and other disabilities.

7/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

40. 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.

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from July 13, 2004 through July 19, 2004, for reference by President to appropriate committee on July 27, 2004.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from July 13, 2004 through July 19, 2004, for reference by President to appropriate committee on July 27, 2004.

040171 [Supplemental grant award for comprehensive drug court implementation services]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a grant in the amount of $53,742 from the California Department of Alcohol and Drug Programs (CADP) to supplement comprehensive drug court implementation funding and to enter into an agreement for the use of these funds; for the period of December 29, 2003, to December 28, 2004. (Public Health Department)

7/15/2004, RECEIVED AND ASSIGNED to City Services Committee.

040435 [Grant of Federal Funds]
Resolution authorizing the Municipal Transportation Agency Board of Directors to accept and expend $3,929,039 of Federal Earmarked Capital Assistance for design and construction of Muni's Islais Creek facility. (Municipal Transportation Agency)

7/16/2004, RECEIVED AND ASSIGNED to Land Use Committee.

040436 [Grant of Federal Funds]
Resolution authorizing the Municipal Transportation Agency Board to accept and expend $8,857,610 of Federal New Starts Capital Assistance for the Third Street-Phase II, New Central Subway project excluding administrative overhead costs. (Municipal Transportation Agency)

7/16/2004, RECEIVED AND ASSIGNED to Land Use Committee.

040483 [Grant of Regional Funds]
Resolution authorizing the Municipal Transportation Agency to accept and expend $3,753,574 of Assembly Bill 664 funds for Municipal Railway Transit projects, excluding administrative overhead costs. (Municipal Transportation Agency)

7/16/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041025 [Special Assessment Liens for Assessment Costs]
Resolution confirming report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18, 102.19 et Seq., and Sections 108 and 110 Tables 1-K, and 1-G of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for Services rendered by said Department of Costs thereof having accrued pursuant to Code Violations referenced above. (Building Inspection Department)

041048 [Petitions and Communications]
Petitions and Communications received from July 13, 2004 through July 19, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on July 27, 2004.

From Budget Analyst, submitting recommendations of the Budget Committee for amendment of Budget items for fiscal year 2004-05. Copy: Supervisor Sandoval(1)

From Clerk of the Board, submitting list of City departments and agencies that submitted the Conflict of Interest Code Review Reports.(2)

From concerned citizens, submitting opposition to proposed funding of the San Francisco Library's acquisition of a Radio Frequency Identification system.(3)

From Department of Public Works, submitting copy to letter sent to applicant denying a Minor Sidewalk Encroachment permit to add planters along the building encroaching 3'-0" into the public right-of-way at 255 Berry Street.(4)

From Office of the Controller, submitting summary of additions and deletions to the proposed Annual Appropriation Ordinance for fiscal year ending June 30, 2005 that is under consideration by the Board of Supervisors at its meeting of July 20, 2004. File 040725, Copy: Each Supervisor(5)

From Office of the Controller, submitting report concerning the audit of the revolving fund maintained by the Department of Building Inspection.(6)

From concerned citizens, submitting opposition to proposed Charter amendment, that will grant salaries to Board of Education members, lift the current limit of two aides per Supervisor, and reduce the number of votes needed to pass legislation when a Board of Supervisors member is prevented from voting due to a conflict of interest. File 040981, approximately 250 letters(7)

From Office of the Treasurer and Tax Collector, submitting request for waiver of Administrative Code Chapters 12B and 12C for Trans Union credit bureaus report subscription service.(8)

From Office of the City Attorney, submitting monthly report for hours of service provided to the Board of Supervisors on confidential matters for the month of May 2004.(9)

From Office of the City Attorney, submitting monthly report for hours of service provided to the Board of Supervisors for the month of May 2004.(10)

From S.F. Museum and Historical Society, urging support for proposed Bond measure regarding "Neighborhood Historic Resources Preservation Bonds" on the November 2, 2004 election.File 040909, Copy: Each Supervisor(11)

From concerned citizens, urging the Board to restore funding for the position of Health Center Director, Nurse Administrator and Program Analyst to the Tom Waddell Clinic.(12)

From Municipal Railway, submitting short-range transit plan for fiscal year 2004-2023.(13)

From City Attorney, regarding appeal of Negative Declaration for Hunters Point Shipyard Phase 1 Development.(14)

From Department on the Status of Women, submitting list of Sole Source contracts entered into during fiscal year 2003-04.(15)

From Department of Human Services, submitting request for waiver of Administrative Code Chapters 12B and 12C for Safeway.(16)

From Office of the Treasurer, submitting the investment activity (for fiscal year to date) of the portfolios under management.(17)

From William Schmid, submitting copy of letter sent to the Planing Commission regarding Caf� Flore, located at 2298 Market Street.(18)

From Office of the Controller, submitting report concerning the financial review of the Mission Cultural Center for Latino Arts.(19)

From Office of the District Attorney, submitting information regarding the Equal Access Ordinance Annual Compliance Plan.(20)

From S.F. Association of Realtors, submitting letter entitled "Housing Bond turns its back on Middle Class" dated July 12, 2004.(21)

From Law Office of David Cincotta, submitting correspondence concerning the State Compensation Insurance Fund Project at 55 Ninth Street. Files 040661, 040663, Copy: Each Supervisor(22)

From Office of the Controller, submitting report concerning the Statement of Cash and investments of the Office of the Treasurer and Tax Collector for the quarter ended March 31, 2004.(23)

From the Ethics Commission, submitting second quarter 2004 summary of earnings and activity of campaign consultants registered with the City for March 1, 2004 through May 31, 2004.(24)
From Building Inspection Commission, regarding determination of Director Chiu regarding permits' suspension for 80 Natoma Street.(25)

From Building Inspection Commission, submitting copy of letter sent to Alice Barkley regarding appeal to stop work order letter for 80 Natoma Street, dated June 17, 2004.(26)

From University of California, Davis, submitting report from the Violence Prevention Research Program on the life cycle of crime guns: a description based on guns recovered from young people in California.(27)

From Immigrant Rights Commission, submitting resolution concerning Newcomer High School and a resolution supporting non-citizen voting in School Board Elections.File 040645(28)

From Coalition for San Francisco Neighborhoods, submitting opposition to proposed Countywide Transportation Plan.(29)

From concerned citizens, urging the Board to fully restore the Executive Director position for the Department of Aging and Adult Services.(30)

From Department of Public Health, submitting the Hazardous Materials incident report dated July 13, 2004.(31)

From Jennifer Greenberg, urging the Board to provide funding to install additional photo-enforcement equipment at all 19th Avenue intersections between Sloat Boulevard and Lincoln Way. Copy: Supervisor Hall(32)

From the Chamber of Commerce, submitting monthly report for the week of July 19, 2004.(33)

From Kristin Kogure, urging the Board to not cut the Senior Analyst and Personnel Officer's positions from the Department of Building Inspection. Copy: Each Supervisor(34)

From concerned citizens, submitting opposition to non-citizens voting and opposing a salary increase of School Board members at this time. File 040645, Copy: Each Supervisor(35)

From Rita Meakin, commenting on some work procedures of the Fire Department. Copy: Each Supervisor(36)

From M.A. Miller, commenting on Fort Funston rulemaking by the National Park Service.(37)

From Rod Marchetta, requesting an explanation of how after laying-off 30 long-time employees at the Department of Telecommunication and Information Services, the Department is now hiring contractors.(38)

From Melissa Wright, submitting support to extend bike lanes on Howard Street from Fifth to Fremont Street. Copy: Each Supervisor(39)

From State Department of the Youth Authority, submitting notice of a public hearing regarding regulations required to ensure the Department allows wards the reasonable opportunity to participate in religious services and programs, as well as be afforded the reasonable opportunity to exercise religious freedom without discrimination or preference unless such is inconsistent with the safety and/or security of the facility or promotes violence or illegal acts on September 1, 2004 in Sacramento, California.(40)

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 translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access
The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 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.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number is (415) 554-5227.
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 Donna Hall 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 Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

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

Return to Full Board Agendas

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the Finance and Audits Committee






		Present: Supervisors Daly, Peskin, Ammiano

1.	040896	[Contracting Out Facility Security Services]
		Resolution concurring with the Controller's certification that facility security services for Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by City and County employees. (Municipal Transportation Agency)



		Question: Shall this Resolution be ADOPTED?

2.	040941	[Contracting Out Airport Information Booth Services]	Mayor
		Resolution approving the Controller's certification that Airport Information Booth Services at San Francisco International Airport can be practically performed by private contractor at a lower cost than in the work were performed cy City and County employees.



		Question: Shall this Resolution be ADOPTED?

3.	040942	[Contracting Out Shuttle Bus Service]	Mayor
		Resolution approving the Controller's certification that shuttle bus service for San Francisco International Airport's Long-Term Parking Lot, the employee garage and surface Lot DD can practically be performed by private contractor at a lower cost than if work were performed by City and County employees.



		Question: Shall this Resolution be ADOPTED?

4.	040966	[Contracting out Airport Employee Parking Services]
		Resolution approving the Controller's certification that Airport Employee Parking Facilities for San Francisco International Airport can practically be performed by private contractor at a lower cost than if work were performed by city employees at budgeted levels. (Airport Commission)



		Question: Shall this Resolution be ADOPTED?

5.	040967	[Contracting out Airport Public Parking Services]
		Resolution approving the Controller's certification that Airport Public Automobile Parking Facilities for San Francisco International Airport can practically be performed by private contractor at a lower cost than if work were performed by city employees at budgeted levels. (Airport Commission)



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Land Use Committee




		Present: Supervisors McGoldrick, Peskin

6.	040987	[Including biotechnology business to the First Source Hiring Program]	Supervisors Maxwell, Dufty, Gonzalez
		Ordinance amending Administrative Code section 83.4 to define and include biotechnology business as a "commercial activity" and a "development project" for purposes of the First Source Hiring Program.


		7/20/2004, PASSED ON FIRST READING. Supervisor Gonzalez 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:______________________________________________

	Recommendations of the Budget Committee






		Present: Supervisors Sandoval, Daly, McGoldrick

7.	040725	[Government Funding for Fiscal Year 2004-2005]
		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, 2005. (Mayor)

		(Fiscal impact.) Supervisor Daly dissented in Committee. (Charter Section 9.100 provides the Board shall not adopt the Budget earlier than July 15, 2004 nor later than August 1, 2004.)
		7/13/2004, CONTINUED. Continued to July 20, 2004

		7/20/2004, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	040726	[Public Employment, Fiscal Year 2004-2005]
		Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2005, 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. (Mayor)

		Supervisor Daly dissented in Committee. (Charter Section 9.100 provides the Board shall not adopt the Budget earlier than July 15, 2004 nor later than August 1, 2004.)
		7/13/2004, CONTINUED. Continued to July 20, 2004

		7/20/2004, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	From the Finance and Audits Committee "Without" Recommendation






		Present: Supervisors Daly, Peskin, Ammiano

9.	040744	[Interdepartmental jurisdictional transfer of surplus property]	Supervisors Peskin, McGoldrick
		Ordinance transferring jurisdiction from the Public Utilities Commission to the Real Estate Division of the Administrative Services Department over certain portions of former municipal railway right-of-way property located in San Mateo County for the purpose of disposing of such property at fair market value and transferring the net proceeds to the City's General Fund. (Mayor)


		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

10.	040751	[Transactions and Use Tax]
		Ordinance amending the Business and Tax Regulations Code to add Article 16-A to impose a transactions and use tax at the rate of one-quarter of one percent (0.25%) in accordance with Parts 1.6 and 1.7 of Division 2 of the California Revenue and Taxation Code, (ii) directing submission of the tax for voter approval at the November 2, 2004 election and setting forth the ballot question therefor. (Mayor)


		7/13/2004, AMENDED.

		7/13/2004, CONTINUED AS AMENDED ON FIRST READING. Continued to July 20, 2004 with the Board Sitting as a Committee of the Whole

		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

11.	040758	[Business Tax]	Mayor
		Ordinance amending the Business and Tax Regulations Code to: (1) enact a new Article 12-A-1 (Business Tax Ordinance), as specified, to impose a business tax for four years on all persons engaging in business in San Francisco measured by the gross receipts of the business at the rate of one tenth of one percent (0.1%) for the 2005 tax year and, if Business Tax revenues collected in such year exceed $30 million, a lower rate for the 2006, 2007 and 2008 tax years, as specified; (2) amend Article 12-A (Payroll Expense Tax Ordinance), as specified, to: (i) conform Article 12-A with the enactment of the Business Tax Ordinance, (ii) clarify the payroll expense of partnerships, Subchapter S corporations, limited liability companies, limited liability partnerships and other persons or entities not subject to federal income tax or which are allowed a deduction in computing such tax for distributions to the owners or beneficiaries of such persons or entities ("pass-through entities"), and (3) amend Article 6 (Common Administrative Provisions), as specified, to add definitions and conform common administrative provisions with the enactment of the Business Tax Ordinance and amendments to the Payroll Expense Tax Ordinance.

		Supervisor Daly dissented in Committee.
		7/13/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		7/13/2004, CONTINUED AS AMENDED ON FIRST READING. Continued to July 20, 2004 with the Board Sitting as a Committee of the Whole

		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

12.	040592	[Payroll Expense Tax Exclusion for Biotechnology Business]	Supervisors Alioto-Pier, Ma, Hall
		Ordinance amending the Payroll Expense Tax Ordinance to establish a tax exclusion for biotechnology businesses, as specified.


		6/29/2004, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Alioto-Pier called this measure from the Finance and Audits Committee for Board consideration July 13, 2004. 7/6/04: Notice of Matter Called out of Committee mailed and faxed.

		7/13/2004, CONTINUED. Continued to July 20, 2004

		7/20/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		7/20/2004, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use Committee






		Present: Supervisors McGoldrick, Peskin

13.	040141	[Transit Impact Development Fee]	Supervisors McGoldrick, Gonzalez
		Ordinance repealing San Francisco Administrative Code Chapter 38 (Transit Impact Development Fee) and replacing it with a new Chapter 38 (Sections 38.1, through 38.14), to enact a new Transit Impact Development Fee.


		7/20/2004, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

14.	040144	[Basic Floor Area Ratio Limit for C-M Zoning Districts]	Supervisors Daly, Gonzalez



		7/20/2004, AMENDED. Supervisor Gonzalez requested to be added as a co-sponsor.

		7/20/2004, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

15.	040661	[Zoning Map amendment reclassifying the height and bulk limits of Assessor's Block 3701, Lot 063]
		Ordinance amending Zoning Map Sheet 7H of the City and County of San Francisco to reclassify the height and bulk limits of the property at 55 Ninth Street, Lot 063 in Assessor's Block 3701, from 120-X to 200-S, adopting findings pursuant to the California Environmental Quality Act, and making findings of consistency with the priority policies of Planning code Section 101.1 and the General Plan. (Planning Department)

		(Companion measure to File No. 040633.)
		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

16.	040633	[General Plan Amendment in connection with 55 Ninth Street]
		Ordinance amending the San Francisco General Plan in connection with approvals for the proposed State Compensation Workers Fund office building at 55 Ninth Street; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendments is consistent with the eight Priority Policies of Planning Code Section 101.1. (Planning Department)

		(Companion measure to File No. 040661.)
		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Maxwell, Alioto-Pier

17.	040752	[Dissolving the Telecommunications Commission]	Mayor, Supervisors Dufty, Ma
		Ordinance amending the San Francisco Administrative Code by amending Sections 11.84, 11.85, and 11.86, and repealing Sections 11.87, 11.88, and 11.89, to dissolve the Telecommunications Commission. (Mayor)


		7/20/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		7/20/2004, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

18.	040754	[Office of the City Administrator]
		Ordinance amending the San Francisco Administrative Code by adding Section 2A.25 and amending Section 2A.30 to establish the Office of the City Administrator as a City department. (Mayor)


		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

19.	040755	[Department of Convention Facilities]	Mayor
		Ordinance amending the San Francisco Administrative Code, Chapter 2A to add Article XVIII, section 2A.260 to establish and describe the responsibilities of the Department of Convention Facilities.


		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

20.	040760	[Department of the Medical Examiner]	Mayor
		Ordinance amending the San Francisco Administrative Code, Chapter 2A to add Article XVII, section 2A.250 to establish and describe the responsibilities of the Department of the Medical Examiner.


		7/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the City Services Committee






		Present: Supervisors Dufty, Ma, Hall