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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, August 2, 2005
2:00 PM

Regular Meeting


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

Gloria L. Young, Clerk of the Board


ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

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

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

Items 1 through 6

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

1. 050978 [Accept-Expend Regional Grant - Airport Commission]
Resolution authorizing the Airport Commission to accept and expend four (4) grants totaling $276,070 from the Bay Area Air Quality Management District (Air District) for acquisition of clean air vehicles by Airport transportation operators. (Airport Commission)
Question: Shall this Resolution be ADOPTED?

2. 050854 [Airport Concession Lease]
Resolution approving Amendment No. 2 to the Public Locker and Over-the-Counter Baggage Storage Lease No. 95-0263 between Smarte Carte, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
Question: Shall this Resolution be ADOPTED?

3. 051124 [Lease of Real Property at 1440 Harrison Street]
Resolution authorizing the renewal of a sublease of 52,200 sq. ft. of space at 1440 Harrison Street for the Department of Human Services. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?

4. 051125 [Airport Contract Modification - Professional Services Agreement for contract No. 3399]
Resolution approving Modification No. 5, of the Professional Services Agreement for contract No. 3399 - Professional insurance brokerage services for specification, placement and administration of an OCIP for the Airport's Master Plan with J&H Marsh McLennan/Merriwether & Williams Insurance Services, to extend the term of the contract for three years for a new ending date of June 30, 2007. (Airport Commission)
Question: Shall this Resolution be ADOPTED?

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

5. 051329 [Appointment - Treasury Oversight Committee]
Resolution appointing Edward Harrington, Joseph Grazioli and Leonardo Fermin, terms ending June 5, 2009, to the Treasury Oversight Committee, residency requirement waived.
Edward Harrington, succeeding himself, term expired, seat 2, must be the Controller, for the unexpired portion of a four-year term ending June 5, 2009.

Joseph Grazioli, succeeding George Kozita, term expired, seat 3, must represent the Superintendent of Schools, for the unexpired portion of a four-year term ending June 5, 2009.

Leonardo Fermin (residency requirement waived) succeeding himself, term expired, seat 4, must represent the public at large, for the unexpired portion of a four-year term ending June 5, 2009.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Mirkarimi, Peskin

6. 051368 [Appointment - Immigrant Rights Commission]
Resolution appointing Deborah Escobedo, Felix Levy and Samira Causevic McCoy, terms ending June 6, 2007, to the Immigrant Rights Commission.
Deborah Escobedo, succeeding herself, seat 4, term expired, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2007.

Felix Levy, succeeding Richard Ow, seat 6, term expired, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2007.

Samira Causevic McCoy, succeeding Phu Nguyen, seat 8, term expired, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2007.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

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

7. 050741 [Creating a Food Security Task Force] Supervisors Maxwell, Mirkarimi, Ammiano
Ordinance amending the San Francisco Health Code by adding Sections 470.1 and 470.2, to establish a Food Security Task Force charged with creating a strategic plan to address hunger, enhancing food security, and increasing participation in federally funded programs; requiring preparation of reports and a strategic plan; and including a sunset provision.
7/26/2005, PASSED ON FIRST READING. Supervisor Ammiano requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

8. 050132 [Rules of Order of the Board - Material Economic Impact Legislation] Supervisors Alioto-Pier, Elsbernd
Motion amending the Rules of Order of the Board of Supervisors to add Rule 6.25, which will provide a process for holding public hearings associated with legislation that might have a material economic impact on the City.
7/26/2005, CONTINUED. Continued to August 2, 2005 Supervisor Elsbernd requested to be added as a co-sponsor.
Question: Shall this Motion be ADOPTED?

Present: Supervisors Alioto-Pier, Peskin

9. 031567 [Charter Amendment - Establishing an Emergency Health Care Services Fund and baseline funding for the Fund] Supervisors Daly, Sandoval
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
7/19/2005, CONTINUED. Continued to July 26, 2005
7/26/2005, CONTINUED. Continued to August 2, 2005 Supervisor Sandoval requested to be added as a co-sponsor.
Question: Shall this Charter Amendment be SUBMITTED?

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

10. 050862 [Rincon Hill Area Plan Amendments] Supervisor Daly
Ordinance amending the San Francisco General Plan by amending the Rincon Hill Area Plan, the Urban Design Element, the Recreation and Open Space Element, the Downtown Plan, the South of Market Area Plan, and the Land Use Index to conform them with proposed Rincon Hill Downtown Residential District; adopting environmental findings that the proposed amendments are consistent with the General Plan and the eight priority policies of Planning Code Section 101.1. (Planning Department)
7/26/2005, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

11. 050865 [Rincon Hill Area Plan: Imposing development impact fees for the provision of necessary community infrastructure in DTR Districts] Supervisor Daly
Ordinance amending the Planning Code by adding Section 318 to impose community improvement impact fees of $11 per square foot on residential development in the DTR districts to provide necessary community improvements and enhance property values in the district by helping to fund the construction and reconstruction of streets, streetscaping, parks, community centers, and other public infrastructure, to impose a SOMA community stabilization impact fee of $14 per square foot on residential development in the Rincon Hill Area Plan to provide community stabilization benefits in SOMA including affordable housing, economic development and community cohesion; amending the Zoning Map of the City and County of San Francisco to change Maps 1, 1H, and 1SU for the area generally bounded by Folsom Street to the north, The Embarcadero to the east, Bryant Street and the north side of the Bay Bridge to the south, and Essex Street to the west for the blocks and lots described below; and amending the San Francisco Planning Code by adding Sections 825, 825.1, 826, and 827 to create Downtown Residential (DTR) districts, establish DTR districts in Transbay and Rincon Hill, and specify the uses permitted in Downtown Residential districts; by adding Sections 145.4, 151.1, 152.2, 155.5, 166, 167, 175.7 and 263.19 to impose requirements for street frontages, permitted off-street parking and loading, allowed off-street freight loading and service vehicle spaces, bicycle parking, car sharing, separating parking costs from housing costs, exempting certain pipeline projects from the new controls, and limiting podium and tower heights in the R bulk district; by adding Section 309.1 establishing procedures for permit review in DTR districts; and by amending Section 102.5 (District), Section 135 (Usable Open Space for Dwelling Units and Group Housing), Section 141 (Screening of Rooftop Features), Section 151 (Required Off-Street Parking Spaces), Section 152 (Schedule of Required Off-Street Freight Loading Spaces in Districts Other Than C-3 or South of Market), Section 153 (Rules for Calculation of Required Spaces), Section 154 (Dimensions for Off-Street Parking, Freight Loading and Service Vehicle Spaces), Section 155 (General Standards as to Location and Arrangement of Off-Street Parking, Freight Loading and Service Vehicle Facilities), Section 182 (Nonconforming Uses), Section 201 (Classes of Use Districts), Section 207.5 (Density of Dwelling Units in Mixed Use Districts), Section 209 (Uses Permitted in R Districts), Section 249.1 (Rincon Hill Special use District), Section 260 (Height Limits; Measurement), Section 270 (Bulk Limits; Measurement), Section 608.13 (Rincon Hill Area), Section 802.1 (Mixed Use Districts), Section 803 (Mixed Use District Requirements), Section 803.5 (Additional Provisions Governing Uses in Mixed Use Districts), and Section 809 (Guide to Understanding the Mixed Use District Zoning Controls) to conform these sections with the new DTR district controls; adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.and making findings. (Planning Department)
Supervisor Elsbernd dissented in Committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 051044 [Multifamily Housing Revenue Bonds - 575 Eddy Street Apartments] Supervisor Daly
Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the "Director") to submit an application and related documents to the California Debt Limit Allocations Committee ("CDLAC") to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $5,000,000 for 575 Eddy Street Apartments; authorizing and directing the Director to direct the Controller's Office to hold in trust an amount not to exceed $25,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $5,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein).
Question: Shall this Resolution be ADOPTED?

13. 051198 [Muni Standard Hybrid-Electric Bus Procurement] Supervisors Ammiano, Alioto-Pier, Mirkarimi
Resolution approving the award of Contract Proposal No. 350 (Procurement of Standard Low Floor Hybrid-Electric Diesel Coaches) between the City and County of San Francisco and Orion Bus Industries, in an amount not to exceed $29,398,629.
Question: Shall this Resolution be ADOPTED?

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

14. 051258 [Golf Fees - Cost of Living, McLaren Park] Supervisor McGoldrick
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by amending Sec. 12.20 to authorize an annual cost of living increase in golf fees; and adding Sec. 12.37 to establish fees for Gleneagles Course at McLaren Park.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

15. 050919 [Capital Planning Fund] Supervisor Elsbernd
Ordinance establishing a Capital Planning Fund to Receive and Expend Funds for Preliminary Design, Planning and Cost-Estimating of Major Capital Expenditure Projects.
Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 050920 [San Francisco Capital Planning Plan and Committee] Supervisor Elsbernd
Ordinance amending the San Francisco Administrative Code by repealing Sections 3.20, 3.21, 3.22 and 3.23 in their entirety; adding new Sections 3.20 and 3.21 to establish a requirement for a ten-year capital plan and to replace the Capital Improvements Advisory Committee with the Capital Planning Committee, to assign administrative responsibilities to the City Administrator, to broaden committee membership, and to clarify the committee's mission.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

17. 051284 [Confirming the Appointment of Kimberly Brandon to the San Francisco Port Commission] Mayor
Resolution confirming the appointment of Kimberly Brandon to the San Francisco Port Commission, term ending May 1, 2009.
Question: Shall this Resolution be ADOPTED?

18. 051367 [Appointment - Entertainment Commission]
Hearing to consider appointing one member to the Entertainment Commission.
1 seat being considered
Vacant seat, succeeding Erik Joseph Pred, term expired, seat 3, must represent the interests of the public health community, for the unexpired portion of a four-year term ending July 1, 2009.

Question: Shall this Motion be ADOPTED?

19. 051254 [Appointment - Board of Appeals, Katharine Albright]
Motion approving the Mayor's appointment of Katharine Albright to the Board of Appeals for the term ending July 1, 2008. (Clerk of the Board)
(Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 051255.)
Transmittal date - June 28, 2005.

Question: Shall this Motion be ADOPTED?

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

20. 050864 [Rincon Hill Area Plan; Imposing Development Fees] Supervisor McGoldrick
Ordinance amending the Planning Code by adding Section 318 to impose community improvement impact fees totalling $11 per square foot on residential development in the DTR districts to provide necessary community improvements and enhance property values in the district by helping to fund the construction and reconstruction of streets, streetscaping, parks, community centers, and other public infrastructure, and to impose an additional Rincon Hill development impact fee totalling $14 per square foot on residential development over 85 feet in height in the Rincon Hill Plan Area to create the Rincon Hill Mitigation Fund to fund affordable housing, to address impacts on citywide infrastructure such as open space, street improvements, and community facilities, and to address economic and community impacts on the SOMA community, and making findings; amending the Zoning Map of the City and County of San Francisco to change Maps 1, 1H, and 1SU for the area generally bounded by Folsom Street to the north, The Embarcadero to the east, Bryant Street and the north side of the Bay Bridge to the south, and Essex Street to the west for the blocks and lots described below; and amending the San Francisco Planning Code by adding Sections 825, 825.1, 826, and 827 to create Downtown Residential (DTR) districts, establish DTR districts in Transbay and Rincon Hill, and specify the uses permitted in Downtown Residential districts; by adding Sections 145.4, 151.1, 152.2, 155.5, 166, 167, 175.7 and 263.19 to impose requirements for street frontages, permitted off-street parking and loading, allowed off-street freight loading and service vehicle spaces, bicycle parking, car sharing, separating parking costs from housing costs, exempting certain pipeline projects from the new controls, and limiting podium and tower heights in the R bulk district; by adding Section 309.1 establishing procedures for permit review in DTR districts; and by amending Section 102.5 (District), Section 135 (Usable Open Space for Dwelling Units and Group Housing), Section 141 (Screening of Rooftop Features), Section 151 (Required Off-Street Parking Spaces), Section 152 (Schedule of Required Off-Street Freight Loading Spaces in Districts Other Than C-3 or South of Market), Section 153 (Rules for Calculation of Required Spaces), Section 154 (Dimensions for Off-Street Parking, Freight Loading and Service Vehicle Spaces), Section 155 (General Standards as to Location and Arrangement of Off-Street Parking, Freight Loading and Service Vehicle Facilities), Section 182 (Nonconforming Uses), Section 201 (Classes of Use Districts), Section 207.5 (Density of Dwelling Units in Mixed Use Districts), Section 209 (Uses Permitted in R Districts), Section 249.1 (Rincon Hill Special use District), Section 260 (Height Limits; Measurement), Section 270 (Bulk Limits; Measurement), Section 608.13 (Rincon Hill Area), Section 802.1 (Mixed Use Districts), Section 803 (Mixed Use District Requirements), Section 803.5 (Additional Provisions Governing Uses in Mixed Use Districts), and Section 809 (Guide to Understanding the Mixed Use District Zoning Controls) to conform these sections with the new DTR district controls; adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1. (Planning Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

SPECIAL ORDER 3:00 P.M.

21. 051242 [Hearing - "Noe Valley Community Benefit District (CBD)"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Noe Valley Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings. (Clerk of the Board)
Action:___________________________

22. 051185 [Resolution to establish the Noe Valley Community Benefit District] Supervisor Dufty
Resolution establishing a property-based business improvement district to be known as the "Noe Valley Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings.
Question: Shall this Resolution be ADOPTED?

23. 051244 [Hearing - "Castro/Upper Market Community Benefit District (CBD"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Castro/Upper Market Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings. (Clerk of the Board)
Action:___________________________

24. 051187 [Resolution to establish the Castro/Upper Market Community Benefit District] Supervisor Dufty
Resolution establishing a property-based business improvement district to be known as the "Castro/Upper Market Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings.
Question: Shall this Resolution be ADOPTED?

25. 051245 [Hearing - "North of Market/Tenderloin Community Benefit District (CBD)"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "North of Market/Tenderloin Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings. (Clerk of the Board)
Action:___________________________

26. 051192 [Resolution to establish the North of Market/Tenderloin Community Benefit District] Supervisor Daly
Resolution establishing a property-based business improvement district to be known as the "North of Market/Tenderloin Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings.
Question: Shall this Resolution be ADOPTED?

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

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following items were considered by the Budget and Finance Committee at a Rescheduled Meeting on Thursday, July 28, 2005 at 11:00 a.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, August 2, 2005.

27. 050935 [Authorizing permits to exempt itinerant School District teachers and administrators from Residential Parking Permit regulations] Supervisors Ammiano, Mirkarimi
Ordinance amending the San Francisco Traffic Code by amending section 308.3 to authorize the Director of Parking and Traffic to issue permits that would exempt itinerant teachers and designated school administrators employed by the San Francisco Unified School District from Residential Permit Parking regulations, and setting a fee for such permits.
Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 051036 [0.25% Sales Tax Increase for Emergency Health Services] Supervisors Daly, Peskin, Ammiano, Ma, Maxwell, McGoldrick, Mirkarimi, Sandoval, Dufty
Ordinance amending the San Francisco 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, for the purpose of providing additional support for emergency medical, hospital inpatient, outpatient, public health, mental health and substance abuse services to residents of the City and County of San Francisco; directing submission of the tax for voter approval at election and setting forth the ballot question therefor.
Question: Shall this Ordinance be PASSED ON FIRST READING?

The following item will be considered by the City Operations and Neighborhood Services Committee at a Regular Meeting on Monday, August 1, 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, August 2, 2005.

29. 051247 [Golden Gate Park Music Concourse - Surface Circulation Plan] Supervisors Mirkarimi, McGoldrick, Peskin
Resolution approving the Golden Gate Park Music Concourse Surface Circulation Plan known as Option 2A, which prohibits the use of the Music Concourse for cut-through automobile traffic and provides for vehicular drop-off for visitors to the Concourse from the north and south; making environmental and other findings; and authorizing official acts in connection with this approval.
Question: Shall this Resolution be ADOPTED?

30. 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.

31. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to

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

32. 051360 [Legislative Analyst Request - Means Testing] Supervisor Elsbernd
Motion requesting the Legislative Analyst to survey means testing legislation for rent control in New York City, Boston and other municipalities in Massachusetts, and determine how means testing could be applied to the San Francisco Rent Control Ordinance.
Question: Shall this Motion be ADOPTED?

FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee.

Items 33 through 42

33. 051345 [Zoning - Extension of Planning Commission Review Period] Supervisor McGoldrick
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Administrative Code to add Chapter 36 to establish uniform procedures for developing comprehensive neighborhood plans (the "Better Neighborhoods Planning and Implementation Process"); to Administrative Code Section 3.4 to provide for integrated Better Neighborhoods Plan budget documents, and to amend the Planning Code to add Section 312A regarding discretionary review for projects proposed in Better Neighborhoods Plan areas.
7/17/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
7/26/2005, CONTINUED. Continued to August 2, 2005
Question: Shall this Resolution be ADOPTED?

34. 051346 [Urging support for Preservation and Restoration of Sacred Heart Church] Supervisor Mirkarimi
Resolution urging the Department of Building Inspection and the San Francisco Archdiocese to diligently monitor the status and condition of the historic Sacred Heart Church and expressing support for preserving this historical treasure through all means possible.
7/19/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
7/26/2005, CONTINUED. Continued to August 2, 2005
Question: Shall this Resolution be ADOPTED?

35. 051362 [Amending Community Choice Aggregation Citizens Advisory Task Force Membership] Supervisor Ammiano
Resolution amending the membership of the Community Choice Aggregation Citizens Advisory Task Force to require that the Environmental Justice Advocate reside in the "Southeast sector" of San Francisco instead of "Hunter's Point".
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 051363 [Commending Mujeres Unidas y Activas (MUA)] Supervisors Dufty, Ammiano
Resolution commending Mujeres Unidas y Activas (MUA) for its work to organize and empower Latina immigrants, and wishing the organization continued success on its 15th Birthday.
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 051364 [Commemorating the 60th Anniversary of the Bombings of Hiroshima and Nagasaki] Supervisor Mirkarimi
Resolution commemorating the 60th Anniversary of the United States bombings of Hiroshima and Nagasaki, expressing solidarity with the Hibakusha, acknowledging the human suffering of victims and survivors, and imploring all nations to use all diplomatic and preventive efforts to cease the proliferation and use of nuclear weapons.
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 051365 [Violence Against Women Act] Supervisor Ma
Resolution urging the San Francisco Congressional delegation to support the reauthorization of the Violence Against Women Act.
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 051366 [National Health Center Week] Supervisor Ma
Resolution recognizing August 7-13, 2005 as "National Health Center Week" in the City and County of San Francisco.
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 051371 [Supporting Filipino Veterans Equity Act] Supervisor Peskin
Resolution urging the President and the Congress of the United States of America to honor the contributions of Filipino World War II veterans by passing the Filipino Veterans Equity Act, specifically HR 302 and S 146.
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 051372 [Urging Urban Outfitters, Inc. to Discontinue Selling Racially Offensive Merchandise] Supervisors Sandoval, Mirkarimi
Resolution urging Urban Outfitters, Inc. to discontinue selling a line of racially offensive T-shirts with the slogan "New Mexico, Cleaner Than Regular Mexico" and remove the currently stocked merchandise from Urban Outfitters stores.
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 051356 [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.
7/26/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

43. 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 19, 2005 through July 25, 2005, for reference by President to appropriate committee on August 2, 2005.

051065 [Zoning Map Amendment for 425 Mason Street]
Ordinance amending the San Francisco Planning Code by amending Sectional Map 1 of the Zoning Map of the City and County of San Francisco to change the use classification of the property located at 425 Mason Street, and identified as Assessor's Block No. 0306, Lot No. 002, from a zoning designation of P (Public) to C-3-G (Downtown General Commercial); and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. (Planning Department)
7/25/2005, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 9/1/2005.

051349 [Settlement of Lawsuit - Shao Xi Tan]
Ordinance authorizing settlement of the lawsuit filed by Shao Xi Tan against the City and County of San Francisco for $80,000; the lawsuit was filed on August 22, 2003 in the United States District Court, Case No. C03-3907 MMC; entitled Shao Xi Tan, et al. v. City and County of San Francisco, et al. (City Attorney)
7/22/2005, RECEIVED AND ASSIGNED to Rules Committee.

051350 [Settlement of Lawsuit - San Francisco Bay Area Transit District]
Ordinance approving settlement of litigation brought by the San Francisco Bay Area Transit District against City and County of San Francisco in the eminent domain action entitled San Francisco Bay Area Transit District v. City and County of San Francisco, et al. (Alameda County Superior Court No. HG03-099024, filed July 7, 2003), for a total value of $2,750,000. (City Attorney)
7/22/2002, RECEIVED AND ASSIGNED to Rules Committee.

051354 [Settlement of Lawsuit - George Q. Chen]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against George Q. Chen, for a payment to the Airport in the amount of $113,800.00, and on certain other terms; the lawsuit was filed on December 1, 2003, in United States Bankruptcy Court for the Northern District of California, Adversary Case No. 03-3713 DM and entitled City and County of San Francisco v. George Q. Chen. (City Attorney)
7/25/2005, RECEIVED AND ASSIGNED to Rules Committee. Department requests this matter be scheduled for consideration at the August 3, 2005 meeting.

051398 [Mission Bay South - Ordering Street Vacation of portions of Fourth Street]
Ordinance ordering the vacation of two (2) portions of Fourth Street from Third Street north to Channel Street; authorizing a grant in fee title of the City and County of San Francisco's rights and interest in the vacated areas to FOCIL; authorizing reservations of certain utility easements in the vacated areas; adopting findings that such vacation of Fourth Street is consistent with the City General Plan and eight policies of City Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; adopting findings pursuant to the California Environmental Quality Act (CEQA); accepting Department of Public Works Order No. 175,536; and authorizing official acts in connection with this Ordinance. (Public Works Department)
7/25/2005, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from July 19, 2005 through July 25, 2005, for reference by President to appropriate committee on August 2, 2005.

051308 [Special Assessment of Liens for Assessment of 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., Section 108, Section 110 - Tables 1-K, and 1-G, and Sections 3407.7.1.3, 3407.7.1.4, 3407.7.1.5, and 3407.7.1.6 et seq., 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)
7/22/2005, SCHEDULED FOR PUBLIC HEARING. Scheduled for August 9, 2005, at 3:00 p.m.

051351 [Settlement of Claim - Andrea Runge]
Resolution approving the settlement of the unlitigated claim by Andrea Runge against the City and County of San Francisco and Michael Scott for $45,000. (City Attorney)
7/22/2005, RECEIVED AND ASSIGNED to Rules Committee.

051352 [Outreach Advertising]
Resolution designating El Reportero to be the outreach newspaper of the City and County of San Francisco for the Hispanic community; and, the San Francisco Bay View to be the outreach newspaper of the City for the African American community to provide outreach advertising services for the fiscal year commencing upon Board of Supervisors and Mayoral approval and ending June 30, 2006.
7/22/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

051397 [Mission Bay South - Street Vacation of Portions of Fourth Street]
Resolution declaring the intention of the Board of Supervisors to vacate two (2) portions of Fourth Street within Mission Bay South from Third Street north to Channel Street; setting the hearing date for all persons interested in the proposed vacation of the street area; adopting findings that the proposed vacation is consistent with the San Francisco General Plan and eight priority policies of San Francisco Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; and making environmental findings. (Public Works Department)
7/25/2005, RECEIVED AND ASSIGNED to Land Use Committee.

051401 [Petitions and Communications]
Petitions and Communications received from July 19, 2005 through
July 25, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on August 2, 2005.

From concerned citizens, concerning homeownership in San Francisco.(1)

From the Port, regarding authorization to cast assessment ballots for Port property "Fisherman's Wharf Community Benefit District" Assessor's Parcel Numbers 0017 002, 0015 001 and 0016 001. File 051241(2)

From Supervisor Daly, submitting appointment of William Standard to the Youth Commission.(3)

From Department of Elections, concerning the mock election and the process for selecting a new voting system. Copy: Each Supervisor(4)

From Department of Public Works, submitting notice that the Department of Public Works has approved a street use banner permit towards an event named "The Universe Within" for the California Masonic Temple.(5)

From Department of Public Works, regarding replacing "Yield to Pedestrian" street signs at 9th and Division Streets and on the medians of Battery Street at multiple intersections. Copy: Supervisors Peskin, Dufty(6)

From Carrie Beard, submitting request to reinstate a type 20 beer and wine off sale liquor license to Café Abir, Inc. at 1306 Fulton Street.(7)

From Supervisor Daly, submitting copy of letter sent to the Department of Elections informing them of a possible late Charter amendment to establish an Emergency Health Care Services Fund and baseline funding for the Fund. Copy: Each Supervisor, City Attorney, File 031567(8)

From Planning Department, submitting response to the letter of appeal regarding the issuance of a Categorical Exemption/General Rule Exclusion for proposed project at 899 North Point Street. File 051222, Copy: Each Supervisor(9)

From Law Offices of Carol Ruth Silver, submitting petition from the residents of Elgin Park to maintain a cul de sac with no vehicle opening to Market Street. Copy: Each Supervisor(10)

From Supervisor Daly, requesting a continuance of Charter amendment regarding establishing an Emergency Health Care Services Fund to the August 2, 2005 Board of Supervisors meeting. Copy: Each Supervisor, City Attorney, File 031567 (11)

From Department of Public Works, regarding environmental costs of curb cuts for auto ingress/egress on city streets designated as transit preferential streets. (Reference No. 20050614-002) Copy: Supervisor Mirkarimi(12)

From Office of the Controller, submitting a concession audit of the lease between Affordable Self-Storage Inc. and the Port of San Francisco.(13)

From Department of Animal Care and Control, submitting request for waiver of Administrative Code Chapters 12B and 12C for Radiation Detection Company.(14)

From Department of Animal Care and Control, submitting request for waiver of Administrative Code Chapters 12B and 12C for Bayer Corporation.(15)

From Department of Parking and Traffic, regarding improving pedestrian safety at Sawyer and Visitacion Avenue. (Reference No. 20050426-003) Copy: Supervisor Maxwell(16)

From Stephanie McCardell, submitting requests for a type 42 on sale beer and wine public premises license for "Eclectic Cup, LLC" located at 230 West Portal Avenue.(17)

From Supervisor Daly, regarding proposed legislation that imposes development impact fees in the Rincon Hill Downtown Residential Mixed Use District to fund community stabilization programs. File 051032(18)

From the Real Estate Division, submitting a revised and fully executed agreement for sale of real estate at 22nd Street between Arkansas and Connecticut Streets.File 050085(19)

From Department of Elections, certifying that the Initiative Ordinance for Neighborhood Firehouses does qualify for the upcoming November 8, 2005 Consolidated Special Statewide Election in the City and County of San Francisco.(20)

From Department of Elections, certifying that the Initiative Ordinance for Military Recruiters in Public Schools, Scholarship for Education and Job Training does qualify for the upcoming November 8, 2005 Consolidated Special Statewide Election in the City and County of San Francisco.(21)

From Sierra Club, urging the Board to remove the exception regarding the 115 feet tower spacing requirements in the plan documents for 375/385-399 Fremont Street (Rincon Hill Plan). Copy: Land Use Committee(22)

From Department of Public Health, regarding environmental costs of curb cuts for auto ingress/egress on city streets designated as transit preferential streets. (Reference No. 20050614-001) Copy: Supervisor Mirkarimi(23)

From Planning Department, submitting notice that the proposed ordinance to allow a conditional use for conversion of upper floor residential units in the Sacramento Street Neighborhood Commercial District Upper Floor Educational Service Use is exempt from CEQA under the General Rule Exclusion (State Guidelines, Section 1506(b)(3). File 051248, Copy: Each Supervisor(24)

From Office of the Controller, regarding funding provided to plant and maintain trees in San Francisco in fiscal year 2005/06.(25)

From Office of the Controller, regarding proposed ordinance that authorizes a 1/4th-cent sales tax for the purpose of funding emergency health and community health services. File 051036(26)

From Planning Department, regarding the cost to the City incurred by mid-block curb cuts for auto access-egress on transit preferential streets. (Reference No. 20050614-001) Copy: Supervisor Mirkarimi(27)

From Public Utilities Commission, regarding the second-annual city agency-wide campaign "Fight the Bite" to educate the public about the threat of West Nile Virus in San Francisco. Copy: Each Supervisor(28)

From Department of Public Health, submitting the quarterly AIDS surveillance report for AIDS cases reported through June 2005.(29)

From California Fish and Game Commission, submitting notice of proposed regulatory action relating to Commercial Herring regulations.(30)

From Ms. Gavin, suggesting a Proclamation Day for Girl Scouts and their troop leaders at city hall.Copy: Each Supervisor(31)

From concerned citizens, submitting support for proposed resolution to preserve Sacred Heart Church in the Western Addition. File 051346, Copy: Each Supervisor(32)

From Human Rights Commission, submitting response to the findings and recommendation contained in the May 2005 Civil Grand Jury Report regarding City Contracting and Affirmation Action. File 051153, Copy: Supervisors Peskin, Elsbernd, Daly(33)

From Police Department, regarding policy and legal measures for curtailing unsafe residential use of motorized scooters, mini-bikes, or hybrid/homemade motorized bikes by children or individuals that don't possess a valid operator's license. 9Reference No. 20050621-012) Copy: Supervisors Mirkarimi, Maxwell, Dufty(34)

From Assemblyman Mark Leno, urging the re-appointment of Joseph Pred as the public health representative on the San Francisco Entertainment Commission.(35)

From concerned citizens, submitting support for bringing the battleship Iowa to San Francisco.File 051113(36)

From Recreation and Park Department, submitting report for the 4th quarter of fiscal year 2004-05 in response to the requirements of Resolution 157-99 Lead Poising Prevention.(37)

From Law Offices of Steve Williams, submitting support for continuance of public hearing regarding 899 North Point Street. File 051222, Copy: Each Supervisor(38)

From SF Environment, regarding regulations that adopt an approved alternatives list for products covered in the Federal Comprehensive Procurement Guidelines other than printing and writing paper products, products not listed in the Federal Comprehensive Procurement Guidelines, batteries and Vehicle Fuel Precautionary Purchasing Ordinance No. 1125-05.(39)

From Richard Ng, regarding residential parking permit's placement policy. Copy: Department of Parking and Traffic(40)

From Planning Department, submitting the San Francisco 2001-2004 Housing Inventory.(41)

From concerned citizens, submitting opposition to proposed legislation to initiate a fee for driving in downtown San Francisco.(42)

From Karyn Shore, submitting support for proposed legislation amending the San Francisco Administrative Code to add Chapter 41F to prohibit the conversion of existing tourist hotel structures with 50 or more tourist guest rooms to condominium projects or dwelling units; and adopting findings, including environmental findings. File 051333, Copy: Each Supervisor(43)

From concerned citizens, submitting opposition to proposed legislation amending the San Francisco Administrative Code to add Chapter 41F to prohibit the conversion of existing tourist hotel structures with 50 or more tourist guest rooms to condominium projects or dwelling units; and adopting findings, including environmental findings. File 051333, Copy: Each Supervisor(44)

From concerned citizens, submitting support to preserve the architectural and historical heritage of the little house at 39 Chattanooga Street. File 051320, Copy: Each Supervisor(45)

From Office of the Controller, submitting report on the effectiveness of the continuum of care between acute and long-term care services provided by the City's Department of Public Health.(46)

From the Real Estate Division, submitting report of property owned by the City and County of San Francisco, the Community College District and the San Francisco Unified School District.(47)

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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