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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 17, 2004
2:00 PM

Regular Meeting


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

Gloria L. Young, Clerk of the Board


ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES
Motion to approve the Meeting Minutes of July 13, 2004, July 20, 2004 and July 27, 2004.

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 24

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

1. 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)
Question: Shall this Resolution be ADOPTED?

2. 040991 [Accept - Expend State Grant] Mayor, Supervisor Dufty
Resolution authorizing the Mayor's Office of Criminal Justice to retroactively accept and expend a grant in the amount of $386,423 from the State Board of Corrections for the purpose of implementing local juvenile justice accountability measures through the Juvenile Accountability Block Grant.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee
Present: Supervisors Daly, Peskin, Ammiano

3. 040583 [Airport Concession Lease] Mayor
Resolution approving Amendment No. 1 to the Luggage Cart Lease and Operating Agreement between Smarte Carte, Inc. and the City and County of San Francisco, acting by and through its Airport Commission.
Question: Shall this Resolution be ADOPTED?

4. 040983 [Contracting out Budget Analyst Services]
Resolution concurring with the controller's certification that the budget analyst services can be practically performed by private contractor for lower cost than similar work services performed by city and county employees. (Clerk of the Board)
Question: Shall this Resolution be ADOPTED?

5. 041026 [Extension of Agreement with PRWT Services, Inc]
Resolution authorizing a two-year extension of the agreement between PRWT Services, Inc. and the City and County of San Francisco. (Parking and Traffic Department)
Question: Shall this Resolution be ADOPTED?

6. 041042 [Contracting for security guard services for the Hallidie Plaza Elevator at Market and Powell Streets]
Resolution concurring retroactively with the Controller's determination that security guard services can practically be performed at the Halladie Plaza by private contractor for a lower cost than if the services were performed by city and county employees. (Public Works Department)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Peskin, Ammiano

7. 041027 [Contracting out Paratransit Services]
Resolution concurring with the controller's determination that it is more economical for the Municipal Transportation Agency to contract for paratransit services than to provide the same service with city and county employees for the period of Fiscal Year 2004-05. (Municipal Transportation Agency)
Question: Shall this Resolution be ADOPTED?

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

8. 040322 [Mayor, or Mayor's designee, may waive payment of part of the cost of additional police services, subject to Board's power to reject the waiver] Supervisors Peskin, Elsbernd
Ordinance permitting the Mayor, or Mayor's designee, to waive, in writing, part of the cost of additional police services, upon consideration of specified criteria and subject to rejection by the Board within thirty (30) days of issuance.
(Fiscal impact.)

6/29/2004, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title. 7/8/04: Mayor's Office notified of July 15, 2004 Budget Committee meeting.
8/10/2004, PASSED ON FIRST READING. Supervisor Elsbernd requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

9. 040859 [Designating 165 10th Street, the James Lick Baths/People's Laundry building, as a Landmark] Supervisor Peskin
Ordinance Designating 165 10th Street, The James Lick Baths/People's Laundry Building, As Landmark No. 246 Pursuant To Article 10, Sections 1004 And 1004.4 Of The Planning Code. (Planning Department)
8/10/2004, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

10. 040887 [Mission Bay - Park P1 Improvements]
Ordinance designating a portion of State Trust Parcel 2 and Parcel 7 adjacent to Channel for public open space and park purposes; naming the new park "Mission Creek Park"; designating sidewalk width; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public open space and park purposes and accepting for maintenance responsibilities and liability purposes; adopting findings that such actions are consistent with the City's General Plan, priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 174,861 and authorizing official acts in connection with this Ordinance. (Public Works Department)
8/10/2004, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

11. 040974 [Zoning Map Amendment in connection with Habitat For Humanity Project] Supervisor Sandoval
Ordinance amending Zoning Map Sheet 12 of the City and County of San Francisco for property located at 101 Head Street, 105 Head Street, 110 Head Street, 310 DeLong Avenue, 479 DeLong Avenue, 495 DeLong Avenue, 491 DeLong Avenue, 487 DeLong Avenue, 409 DeLong Avenue, 36 Santa Cruz Avenue, 48 Santa Cruz Avenue, 50 Santa Cruz Avenue (Assessor's Block 7153 Lots 008, 008A, 009, 010, 011, 012, 013, 014; Block 7154, Lot 023; Block 7174 Lots 004, 007, 008, 009, 025, 026, 027, 028, 029, 030, 031, 047, 048, 052) to change the zone classification from P, Public Use, to RH-1, Residential House, One Family; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Planning Department)
8/10/2004, AMENDED. Supervisor Sandoval requested to be added as a sponsor.
8/10/2004, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

12. 040976 [Designating 1201 Ortega Street, the Infant Shelter, as a Landmark] Supervisors Peskin, Ma
Ordinance designating 1201 Ortega Street, the Infant Shelter, as Landmark No. 242 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department)
8/10/2004, PASSED ON FIRST READING. Supervisor Ma requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

13. 040717 [Traffic Regulations - Portions of Middle Point Road and Innes Avenue]
Ordinance adding Sections 28.5.55 and 28.5.56 to the San Francisco Traffic Code restricting certain vehicles over 6,000 pounds on portions of Middle Point Road and Innes Avenue. (Parking and Traffic Department)
8/10/2004, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors McGoldrick, Peskin

14. 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)
Question: Shall this Resolution be ADOPTED?

15. 041058 [Accept-Expend Corporate Grant]
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $20,000 from the Safe Tree Program for the development of a Comprehensive Urban Forest Plan for the City and County of San Francisco. (Environment)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors McGoldrick, Peskin, Maxwell

16. 040653 [Urging DPT to install 4-way STOP signs at the intersection of Castro and 23rd Streets] Supervisor Dufty
Resolution urging the Department of Parking and Traffic to install 4-way STOP signs at the intersection of Castro and 23rd Streets.
Question: Shall this Resolution be ADOPTED?

17. 040832 [Traffic Regulations] Supervisors Dufty, Ammiano
Resolution enacting traffic regulations on various streets.

NO RIGHT TURN ON RED - ESTABLISH
San Jose Avenue at Randall Street; and Guerrero Street, southbound at 24th Street.
Question: Shall this Resolution be ADOPTED?

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

18. 040856 [Department of Elections Conflict of Interest Code]
Ordinance amending Campaign and Governmental Conduct Code section 3.1-215 to update the Department of Elections and Elections Commission conflict of interest code and financial disclosure rules. (Elections Department)
8/10/2004, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

19. 040980 [Deadlines for correction and review of ballot arguments]
Ordinance amending sections 535 and 590 of the Municipal Elections Code to: change the deadline for correction of errors in rebuttal ballot arguments from noon on the seventy-sixth day before the election to noon on the seventy-fifth day before the election, to be consistent with the deadline for correction of errors in paid ballot arguments; and change the public inspection periods for ballot arguments so that the periods for public review of proponent, opponent, rebuttal and paid arguments, and related materials, all end on the same date, sixty-four days before the election. (Elections Department)
8/10/2004, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, Gonzalez

20. 040712 [Settlement of Lawsuit - Ray Mizyed and Gary Thompson]
Ordinance authorizing settlement of Ray Mizyed's claims in the lawsuit filed by Ray Mizyed and Gary Thompson against the City and County of San Francisco for $135,000; the lawsuit was filed on May 14, 2003, in the United States District Court for the Northern District of California, Case No. CV 03-02243 WDB, entitled Ray Mizyed, Gary Thompson v. City and County of San Francisco, Johnny Miller, Jesse Williams, Donald Sanders, Mercedes Hernandez, Gwendolyn Tucker. (City Attorney)
8/10/2004, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

21. 040713 [Settlement of Lawsuit [Partial Settlement] - Ki-Man Song, et al.]
Ordinance authorizing partial settlement of the lawsuit filed by Ki-Man Song, Young Soo Lee, Leobardo Trejo, Suk In Yi, Chae Hun Yi, and James Nam against the City and County of San Francisco for $280,540; the lawsuit was filed on June 3, 2003 in United States District Court, Northern District of California, Case No. C03 2580; entitled Ki-Man Song, et al. v. Jin Construction & Electric Co., et al.; other material terms of said settlement are material terms. (City Attorney)
8/10/2004, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

22. 040860 [Settlement of Lawsuit - Sixta Santiago]
Ordinance authorizing settlement of the lawsuit filed by Sixta Santiago against the City and County of San Francisco for $115,000; the lawsuit was filed on December 12, 2003 in San Francisco Superior Court, Case No. CGC 03-426-777; entitled Sixta Santiago v. City and County of San Francisco, et al; other material terms of said settlement are that Plaintiff has agreed to retire from her position with the City. (City Attorney)
8/10/2004, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

23. 040895 [Settlement of Lawsuit - Darius Hinton]
Ordinance authorizing settlement of the lawsuit filed by Darius Hinton against the City and County of San Francisco for $33,000; the lawsuit was filed on October 16, 2001 in San Francisco Superior Court, Case No. 400-292; entitled Darius Hinton, et al., v. City and County of San Francisco, et al. (City Attorney)
8/10/2004, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

24. 040897 [Settlement of Lawsuit - William Salazar and Amy Salazar]
Ordinance authorizing settlement of the lawsuit filed by William Salazar and Amy Salazar against the City and County of San Francisco for $28,290 to William Salazar and $6,210 to Amy Salazar; the lawsuit was filed on January 12, 2001 in San Francisco Superior Court, Case No. 318-098; entitled William Salazar and Amy Salazar v. City and County of San Francisco. (City Attorney)
8/10/2004, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

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

25. 021825 [RCN Proposed OVS Franchise] Supervisors McGoldrick, Elsbernd
Ordinance granting a four year franchise to RCN Telecom Services, Inc. with an opportunity for two extensions of three years each, for use of the public rights-of way within the City and County of San Francisco to provide open video system services and cable internet services upon compliance with the terms of this franchise.
(Pursuant to Section 11.11 of the San Francisco Administrative Code, the Controller shall complete the City's review costs and estimate of applicant's proposal fee within 15 business days of receipt of application.)
(12/16/02 in Board: Supervisor Hall presented a substitute draft ordinance bearing new title.)

8/10/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Supervisors McGoldrick and Elsbernd requeted to be added as co-sponsors
8/10/2004, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

26. 041072 [Amending the Administrative Code to Require Preparation and Consideration of Healthcare Impact Report in Event of Certain Hospital Construction Resulting in Replacement or Addition of Supervisors Ma, Daly, Maxwell, Gonzalez, Ammiano, Peskin
Ordinance adding Section 97 to the Administrative Code to require Health Department to draft and distribute Healthcare Impact Report for consideration in evaluating permit application or amendment to Redevelopment Plan regarding private hospital construction resulting in replacement or addition of over two hundred licensed hospital beds.
8/10/2004, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

27. 040574 [Liquor License, 3954 Geary Boulevard]
Resolution determining that the issuance of a Type 48 on-sale general public premises liquor license in exchange for a Type 47 license to Sun Hui Kim for Fizzee's Sports Bar LLC, located at 3954 Geary Boulevard (District 1), will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.
Question: Shall this Resolution be ADOPTED?

28. 040947 [Traffic Regulation - Steiner Street between Lombard and Chestnut Streets] Supervisor Alioto-Pier
Resolution enacting temporary "Street Closed to Vehicular Traffic" regulation on Steiner Street between Lombard and Chestnut Streets from 1:30 P.M. to 7:00 P.M. on every Tuesday between August 24, 2004 through September 28, 2004.
Question: Shall this Resolution be ADOPTED?

29. 041040 [Accept-Expend California State Coastal Conservancy, San Francisco Bay Conservancy Program Grant Funds]
Resolution authorizing the San Francisco Public Utilities Commission (SFPUC) to accept and expend a grant in the amount of $125,000 from the California State Coastal Conservancy (CSCC) for the purchase and installation of restroom facilities for the Fifield-Cahill Ridge Trail project on the peninsula watershed in San Mateo County. (Public Utilities Commission)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee
Present: Supervisors Daly, Peskin, Ammiano

30. 040505 [Fees for notary services] Supervisors Dufty, Ammiano
Ordinance amending San Francisco Administrative Code Sections 8.33.1, 833.2, and 834.1 to authorize the County Clerk, the Assessor-Recorder, and the Tax Collector to charge fees for providing notary services to the public in the amount of $10 for an Acknowledgment and $10 for a Jurat; and ratifying that requests for marriage certificate index records are subject to the same charges as are fictitious business name index records.
Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 040955 [Fee Adjustments - Planning Department Services] Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending Article 3.5 to adjust fees for Planning Department services; and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?

32. 041060 [MOU - San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1)] Mayor
Ordinance adopting and implementing Amendment #1, the negotiated agreement that amends the 2003-2005 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1) by extending the term of the parties' agreement through June 30, 2007 and by implementing specified terms and conditions of employment for fiscal years 2004-2005, 2005-2006 and 2006-2007 in accordance with the MOU's reopener provision.
Question: Shall this Ordinance be PASSED ON FIRST READING?

33. 041061 [MOU - San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 2)] Mayor
Ordinance adopting and implementing Amendment #1, the negotiated agreement that amends the 2003-2005 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 2) by extending the term of the parties' agreement through June 30, 2007 and by implementing specified terms and conditions of employment for fiscal years 2004-2005, 2005-2006 and 2006-2007 in accordance with the MOU's reopener provision.
Question: Shall this Ordinance be PASSED ON FIRST READING?

34. 040953 [Amended and Restated Property Exchange Agreement] Supervisors Dufty, Gonzalez, Elsbernd
Resolution approving an amended and restated property exchange agreement substituting City property at the corner of Portola Drive and Burnett Avenue for property located at the corner of Gough and Grove Streets; adopting findings that the amended and restated exchange agreement is categorically exempt from environmental review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution.
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

35. 040992 [Hunters Point Shipyard Cooperative Agreement for Fire Services]
Resolution authorizing the San Francisco Fire Department to accept and enter into a grant agreement with the United States Navy reimbursing the San Francisco Fire Department for the costs of providing fire services to portions of the Hunters Point Shipyard remaining under federal ownership. (Mayor)
Question: Shall this Resolution be ADOPTED?

From the Finance and Audits Committee "Without Recommendation"
Present: Supervisors Daly, Peskin, Ammiano

36. 040973 [Official Advertising - Type 2 non-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 2 non-consecutive day official advertising, for the period commencing July 1, 2004 and ending June 30, 2005. (Purchaser)
7/27/2004, RE-REFERRED to Finance and Audits Committee.
Question: Shall this Resolution be ADOPTED?

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

37. 020188 [Designating 300 Bartlett Street, The Carnegie Mission Branch Library as Landmark No. 234] Supervisors Ammiano, Peskin, Maxwell
Ordinance designating 300 Bartlett Street, the Carnegie Mission Branch Library, as Landmark No. 234 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code.
Question: Shall this Ordinance be PASSED ON FIRST READING?

38. 030142 [Designate the Laguna Honda Station, also known as the Forest Hill Station, At 390 Laguna Honda Boulevard As a Landmark] Supervisors Elsbernd, Peskin, Maxwell
Ordinance Designating the Laguna Honda Station, At 390 Laguna Honda Boulevard, As Landmark No. 231 Pursuant To Article 10, Sections 1004 And 1004.4 Of The Planning Code.
Question: Shall this Ordinance be PASSED ON FIRST READING?

39. 041003 [Parking Control - Dr. Carlton B. Goodlett Place] Supervisor Maxwell
Ordinance amending Article 3, Section 32.6.21 of the San Francisco Traffic Code to extend the boundary of the existing permit area, remove the official city-owned vehicle requirement and to replace references to Polk Street with Dr. Carlton B. Goodlett Place to reflect official name change.
Question: Shall this Ordinance be PASSED ON FIRST READING?

40. 040365 [Ordinance amending Planning Code Section 312 to remove notice and review procedures for changes of use and add notice and review procedures for changes of use to a formula retail use] Supervisors Gonzalez, Peskin, Maxwell, Dufty, Sandoval
Ordinance amending Planning Code Section 312 to delete the requirement that changes of use per the use categories of Article 7, and changes in use to a retail coffee stores, as defined in Planning Code Section 790.102(n), or to a pharmaceutical and personal toiletries uses, as defined in Planning Code Section 790.102(c), or the addition of a prescription drug service where none previously existed within 3 years of an application for an addition, be subject to the notification and review procedures of Section 312; to add the requirement that changes of use to a formula retail use be subject to the notification and review procedures of Section 312; to add the requirement that building permit applications for a change of use to a bar, liquor store, walkup facility, full-service restaurant, large fast food restaurant, small self-service restaurant, massage establishment, outdoor activity, or adult or other entertainment use be subject to the notification and review procedures of Section 312; to add the requirement that the Planning Department make available and update every six months its list of neighborhood organizations with interests in specific properties or areas; to provide that where a neighborhood organization that is required to receive project notification is not sent such notice the proposed project must be re-noticed; and to make findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Question: Shall this Ordinance be PASSED ON FIRST READING?

41. 040720 [Authorizing the Vacation and Transfer to the Redevelopment Agency of a Portion of Stevenson Street between 3rd and 4th Streets]
Ordinance ordering the summary vacation of an unused and unneeded portion of Stevenson Street between 3rd and 4th Streets; making findings pursuant to the California Streets and Highways Code, Chapter 4, Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; authorizing the conveyance of the vacated portion of Stevenson Street to the San Francisco Redevelopment Agency; and authorizing other actions in furtherance of this ordinance. (Real Estate Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

42. 040912 [Prohibiting eastbound vehicles on Market Street from making a right turn onto the entrance to the Central Freeway at Octavia Street] Supervisors Gonzalez, Maxwell, Dufty
Resolution enacting traffic regulation on Market Street at entrance to the Central Freeway at Octavia Street.
Question: Shall this Resolution be ADOPTED?

Present: Supervisors McGoldrick, Peskin

43. 041077 [Union Pacific Railroad track lease for Third St. and Cargo Way for the Third Street LRT Project] Mayor
Resolution authorizing the Director of Transportation to execute a track lease with the Union Pacific (UP) and Burlington Northern Santa Fe (BNSF) Railroads that leases approximately three hundred ten (310) feet of UP's spur track at the intersection of Third Street and Cargo Way for a term of 25 years, rent of $10 per year, and a one-time administrative fee of $500 for a total cost of $750, and requires the City to repair and maintain the track and const and maintain a railroad crossing signal system.
Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

44. 041020 [Public Hearing]
Hearing of persons interested in or objecting to report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Clerk of the Board)
Action:___________________________

45. 041021 [Unpaid DPH complaint reinspection fee liens to become special assessments to the property taxes]
Resolution confirming the report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

46. 041022 [Public Hearing]
Hearing of persons interested in or objecting to report of delinquent charges for refuse collection services and nuisance removal costs submitted by the Director of Public Health as modified to the date of adoption of this resolution, and creating Special Assessments and liens based thereon. (Clerk of the Board)
Action:___________________________

47. 041023 [Unpaid DPH Delinquent Refuse Service Payment Liens to become special assessments to the property taxes]
Resolution confirming report of delinquent charges for refuse collection services and nuisance removal costs submitted by the Director of Public Health as modified to the date of adoption of this resolution, and creating Special Assessments and liens based thereon. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:30 P.M.

48. 041024 [Public Hearing]
Hearing of persons interested in or objecting to 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. (Clerk of the Board)
Action:___________________________

49. 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)
Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2.

50. 041055 [Public Hearing - Minor Sidewalk Encroachment Appeal - 2833 26th Street]
Hearing of persons interested in or objecting to the decision of the Department of Public Works by its letter dated July 8, 2004, approving a Minor Sidewalk Encroachment Permit No. 04MSE-125 to legalize the construction of a warped driveway ramp and two (2) planter boxes encroaching 3'-0" public sidewalk right-of-way to provide access to a garage below grade, fronting the property at 2833 26th Street, Lot 020 in Assessor's Block 4334. (Appellant: Jason Lin.)
(Filed 7/22/04; companion measure to Files 041056, 041057; District 9.)

Action:___________________________

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

51. 041056 [Minor Sidewalk Encroachment Permit Appeal - 2833 26th Street]
Motion approving the decision of the Director of Public Works' approval of a minor sidewalk encroachment permit at 2833 26th Street and denying the appeal. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

52. 041057 [Minor Sidewalk Encroachment Permit Appeal - 2833 26th Street]
Motion disapproving the decision of the Director of Public Works' approval of a minor sidewalk encroachment permit at 2833 26th Street and denying the encroachment permit. (Clerk of the Board)
Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:30 P.M.

Board of Supervisors Sitting as a Committee of the Whole

53. 041080 [Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project]
Hearing to consider (1) adopting environmental findings under the California Environmental Quality Act, State Guidelines, and Administrative Code Chapter 31; (2) adopting findings under the General Plan and City Planning Code Section 101.1; and (3) adopting a resolution of necessity for the City's proposed acquisition by eminent domain for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project of Lots 45A, 46, 53, and 54 in Assessor's Block 3721 (80 Natoma), in San Francisco.
Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

54. 041079 [Eminent Domain - Resolution of Necessity (80 Natoma)] Supervisors Daly, Ammiano, Dufty
Resolution authorizing acquisition of Lots 45A, 46, 53, and 54 in Assessor's Block 3721 in San Francisco by Eminent Domain for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project; adopting environmental findings under the California Environmental Quality Act, State Guidelines, and Administrative Code Chapter 31; and adopting findings under the General Plan and City Planning Code Section 101.1.
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

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

The following items were considered by the Rules Committee at a Regular Meeting on Wednesday, August 11, 2004 at 10:00 a.m. The Chair entertained a motion to send the following items to the Board on Tuesday, August 17, 2004 as committee reports, as the meeting concluded after 12:00 noon.

55. 040904 [Appointment - San Francisco Bay Conservation and Development Commission] Supervisor Peskin
Resolution appointing David Owen, indefinite term, as an alternate member of the San Francisco Bay Conservation and Development Commission.
Question: Shall this Resolution be ADOPTED?

56. 040771 [Appointment - Bicycle Advisory Committee]
Resolution appointing Francisco Hernandez to the Bicycle Advisory Committee for a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration, term ending November 19, 2004.
Francisco Hernandez, succeeding Cynthia Powell, resignation, seat 9, must be a nominee of District 9 Supervisor, for a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration, term ending November 19, 2004.

Question: Shall this Resolution be ADOPTED?

57. 041105 [Appointment - SRO Hotel Safety and Stabilization Task Force]
Resolution appointing Henry Karnilowicz to the SRO Hotel Safety and Stabilization Task Force for the unexpired portion of a term ending December 31, 2004.
Henry Karnilowicz, succeeding Kiran Patel, resigned, seat 2, must be an owner or manager of SRO Hotel, for the unexpired portion of a term ending December 31, 2004.

Question: Shall this Resolution be ADOPTED?

58. 041106 [Appointment - Library Citizens Advisory Committee]
Resolution appointing Gayle Leyton to the Library Citizens Advisory Committee for a two-year term ending July 18, 2006.
Gayle Leyton, new appointment, seat 12, must be a member from the community at large, representative of senior citizens, for a two-year term ending July 18, 2006.

Question: Shall this Resolution be ADOPTED?

59. 041107 [Appointment - Sunshine Ordinance Task Force]
Resolution appointing Erica Craven to the Sunshine Ordinance Task Force for the unexpired portion of a two-year term ending April 27, 2006.
Erica Craven, succeeding Nicole Dogwill, resigned, seat 1, must be appointed from names submitted by the local chapter of the Society of Professional Journalists and be an attorney, for the unexpired portion of a two-year term ending April 27, 2006.

Question: Shall this Resolution be ADOPTED?

60. 041108 [Appointment - Power Plant Task Force]
Resolution appointing John Kosinski to the Power Plant Task Force for the unexpired portion of a two-year term ending November 1, 2005.
John Kosinski, new appointment, seat 8, must be the head of the San Francisco Labor Council or his/her designee, for the unexpired portion of a two-year term ending November 1, 2005.

Question: Shall this Resolution be ADOPTED?

61. 041109 [Appointment - Asthma Task Force]
Resolution appointing Neil Gendel to the Asthma Task Force for the unexpired portion of a two-year term ending June 30, 2005.
Neil Gendel, succeeding Ann Melamed, resigned, seat 7, must be a representative of an environmental health/justice organization and is a voting member, for the unexpired portion of a two-year term ending June 30, 2005.

Question: Shall this Resolution be ADOPTED?

62. 041110 [Appointment - Childhood Nutrition and Physical Activity Task Force]
Resolution appointing Marilyn Wann to the Childhood Nutrition and Physical Activity Task Force for the unexpired portion of a one-year term ending December 12, 2004.
Marilyn Wann, succeeding Esther Rothblum, resigned, seat 8, must be a member of a civil rights organization addressing weight size discrimination, for the unexpired portion of a one-year term ending December 12, 2004.

Question: Shall this Resolution be ADOPTED?

63. 041111 [Appointment - Assessment Appeals Board No. 1]
Resolution appointing Peter Fatooh and Carol Ruth Silver to the Assessment Appeals Board No. 1 for a three-year term ending September 3, 2007.
Peter Fatooh, succeeding himself, term expiring September 6, 2004, seat 1, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code as follows:Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraisers; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007.
Carol Ruth Silver, succeeding Thomas Ramm, term expiring September 6, 2004, seat 4, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code as follows:Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraisers; or he or she is a current member of an assessment appeals board for a three-year term ending September 3, 2007.

Question: Shall this Resolution be ADOPTED?

64. 041112 [Appointment - Assessment Appeals Board No. 2]
Resolution appointing Margaret Ruxton, Mervin Conlan and Richard Lee for a three-year term ending September 3, 2007 as members to the Assessment Appeals Board No. 2.
Margaret Ruxton, succeeding Lawrence Lee, term expiring September 6, 2004, seat 2, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code: Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraiser; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007.
Mervin Conlan, succeeding himself, term expiring September 6, 2004, seat 3, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code: Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraiser; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007.
Richard Lee, succeeding Donald Schmidt, term expiring September 6, 2004, seat 4, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code: Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraiser; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007.

Question: Shall this Resolution be ADOPTED?

65. 040857 [Settlement of Claim - Cambridge Integrated Services, Inc.]
Resolution approving settlement of claim by City and County of San Francisco against Cambridge Integrated Services, Inc., for claimed errors and omissions by Cambridge in administering the workers' compensation claim of City employee Fanny Tang. (City Attorney)
Question: Shall this Resolution be ADOPTED?

66. 040931 [Settlement of Lawsuit - Applied Remedial Technologies, Inc.]
Ordinance authorizing settlement of the lawsuit filed by Applied Remedial Technologies, Inc. against the City and County of San Francisco for eighty thousand dollars ($80,000); the lawsuit was filed on in the Superior Court of the City and County of San Francisco , Case No.CGC-03-419941; entitled Applied Remedial Technologies, Inc. v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

67. 040938 [Settlement of Administrative Civil Liability Complaint]
Resolution approving the settlement of the unlitigated administrative civil liability complaint filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $118,000; approving use of said amount for an environmental mitigation project, subject to approval of the Regional Board Water Quality Control Board,in an amount not to exceed $110,000, plus payment of an $8,000 penalty. (City Attorney)
Question: Shall this Resolution be ADOPTED?

68. 040975 [Settlement of Lawsuit - Jean B. Applebaum]
Ordinance authorizing settlement of the lawsuit filed by Jean B. Applebaum against the City and County of San Francisco for $240,000; the lawsuit was filed on July 31, 2002 in San Francisco Superior Court, Case No. 410-962; entitled Jean B. Applebaum, et al., v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

The following item will be considered by the City Services Committee at a Regular Meeting on Thursday, August 12, 2004 at 9:30 a.m. The Chair may entertain a motion to send the following item to the Board on Tuesday, August 17, 2004 as a committee report.

69. 041036 [Accept and Expend Grant - Sheriff's Department program providing employment and education services for young offenders in the county jail and after their release]
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $93,666 from the Private Industry Council of San Francisco for providing employment and education services to young offenders in the county jail and after their release. (Sheriff)
Question: Shall this Resolution be ADOPTED?

The following item will be considered by the City Services Committee at a Recessed Meeting on Thursday, August 12, 2004 at 9:35 a.m. The Chair may entertain a motion to send the following item to the Board on Tuesday, August 17, 2004 as a committee report.

70. 040392 [Liquor License Transfer, 1528 Fillmore Street]
Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license from 601 Baker Street to 1528 Fillmore Street (District 5), to Sung W. Lee, dba Woori Food Market, will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Progessions Code, with conditions.
Question: Shall this Resolution be ADOPTED?

The following item will be considered by the Land Use Committee at a Regular Meeting on Monday, August 16, 2004 at 1:00 p.m. The Chair may entertain a motion to send the following item to the Board on Tuesday, August 17, 2004 as a committee report.

71. 041114 [Grant of Regional Funds]
Resolution authorizing the Municipal Transportation Agency to accept and expend $35,710,000 of Regional Measure 2 funds for Municipal Railway capital projects. (Municipal Transportation Agency)
Question: Shall this Resolution be ADOPTED?

72. 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.

73. 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 74 through 84

74. 041130 [Accept-Expend State and Regional Grants] Supervisor Dufty
Resolution authorizing the Director of Transportation or his designee to apply for, accept, and expend $559,600 in Bicycle Transportation Account, Bay Area Air Quality Management District, and Transportation Development Act grant funds to implement various projects and programs recommended in the San Francisco Bicycle Plan and to execute any and all associated documents.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

75. 041131 [75% Waste Diversion Goal for City Departments] Supervisor Dufty
Resolution adopting a goal of 75% landfill diversion by the year 2010 for each City department.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

76. 041132 [STOP Intersection - 23rd and Castro Streets] Supervisor Dufty
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Castro Street and 23rd Street, making this intersection an all-way STOP.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

77. 041136 [Initiate the Designation of 900 Innes Avenue, the Hunter's Point School, as a City Landmark] Supervisor Maxwell
Resolution initiating the designation of 900 Innes Avenue, the Hunter's Point School, Block 4646, Lot 03, as a City landmark pursuant to Planning Code Section 1004.1.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

78. 041135 [Commending Tony Hall] Supervisors Elsbernd, Dufty, Ma, Alioto-Pier
Resolution commending Tony Hall for his distinguished service as Supervisor of the City and County of San Francisco.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

79. 041146 [Accept-Expend Federal Pass Through Grant] Supervisor Elsbernd
Resolution authorizing the Office of Emergency Services to accept and expend a Federal pass through grant in the amount of $26,325,036 from the State of California Office of Homeland Security for the purposes of providing financial assistance directly to selected jurisdictions through the Fiscal Year 2004 Urban Areas Security Initiative (UASI) to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

80. 041147 [Accept-Expend Federal Pass Through Grant] Supervisor Elsbernd
Resolution authorizing the Office of Emergency Services to accept and expend a Federal pass through grant in the amount of $2,896,198 from the State of California Office of Homeland Security for the purpose of providing financial assistance directly to selected jurisdictions for emergency prevention, preparedness, and response personnel to prevent, deter, respond to, and recover from threats and incidents of terrorism.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

81. 041156 [Calling upon the President to acknowledge and condemn the genocide in the Darfur region of Western Sudan] Supervisors Dufty, Maxwell
Resolution calling upon the President to acknowledge and condemn the genocide in the Darfur region of Western Sudan.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

82. 041157 [Commendation of 11th Annual Pistahan Parade and Festival 2004] Supervisor Ma
Resolution commending 11th Annual Pistahan Parade and Festival 2004.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

83. 041158 [Commendation of 84th Anniversary of the 19th Amendment] Supervisor Ma
Resolution commending the 84th anniversary of the 19th Amendment to the United States Constitution, extending the right of suffrage to women.
8/10/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

84. 041159 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
8/10/2004, 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:_________________________________________

85. 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 August 3, 2004 through August 9, 2004, for reference by President to appropriate committee on August 17, 2004.

041118 [Public Employment]
Ordinance amending Ordinance No. 198-04 (Annual Salary Ordinance 2004/2005) reflecting the creation of five positions at the Department of Public Health. (Human Resources Department)
8/4/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041126 [Setting San Francisco's fiscal year 2004-2005 property tax rate and establishing pass-through rate for residential tenants]
Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2005. (Controller)
8/9/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 15, 2004 meeting.

041127 [Setting S.F. Unified School District's fiscal year 2004-2005 property tax rate to be included in the City's overall property tax rate]
Ordinance providing revenue and levying property taxes for San Francisco Unified School District's purposes for the fiscal year ending June 30, 2005. (Controller)
8/9/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 15, 2004 meeting.

041128 [Setting S.F. Community College District's fiscal year 2004-2005 property tax rate to be included in the City's overall property tax rate]
Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2005. (Controller)
8/9/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 15, 2004 meeting.

PROPOSED RESOLUTIONS
Proposed resolutions received from August 3, 2004 through August 9, 2004, for reference by President to appropriate committee on August 17, 2004.

041036 [Accept and Expend Grant - Sheriff's Department program providing employment and education services for young offenders in the county jail and after their release]
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $93,666 from the Private Industry Council of San Francisco for providing employment and education services to young offenders in the county jail and after their release. (Sheriff)
8/3/2004, RECEIVED AND ASSIGNED to City Services Committee. Sheriff's Dept. notified of August 12, 2004 City Services Committee meeting.
8/4/2004, REFERRED TO DEPARTMENT. Referred to the Youth Commission for comment and recommendation.

041115 [Changing Official Width of Sidewalk - West side of Lyon Street at Chestnut Street]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1564 to change the official sidewalk width on the west side of Lyon Street at Chestnut Street; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes.
8/3/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041123 [Prevailing rate of wages for workers engaged in theatrical or technical services related to the presentation of a show on City-owned property]
Resolution fixing prevailing wage rates for workers engaged in theatrical or technical services (including but not limited to rigging, sound, projection, theatrical lighting, videos, computers, draping, carpentry, special effects, and motion picture services) for shows on property owned by the City and County of San Francisco.
8/6/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041125 [Settlement of claim - Gibson Group Trust]
Resolution approving settlement of the unlitigated claim of the Gibson Group Trust in an amount not to exceed $67,000 for payment of past and future costs of responding to contamination at Gibson Environmental site; Bakersfield, California. (City Attorney)
8/9/2004, RECEIVED AND ASSIGNED to Rules Committee.

041162 [Improve pedestrian safety in San Francisco by coordinating citywide and targeted community-based safety campaigns]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $319,706 from the California Office of Traffic Safety (OTS) to improve pedestrian safety in San Francisco and to enter into an agreement for the use of these funds; for the period of October 1, 2004, to December 31, 2006. (Public Health Department)
8/6/2004, RECEIVED AND ASSIGNED to City Services Committee.

041163 [Provide assertive case management to people with HIV and substance abuse and mental disorders, Year 2]
Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPH, AIDS) to accept retroactively and expend second year grant funds in the amount of $487,805 from the Substance Abuse and Mental Health Services Administration (SAMHSA) for assertive case management for triply-diagnosed people and to enter into an agreement for the use of these funds; for the period of June 1, 2004, to May 30, 2005. (Public Health Department)
8/6/2004, RECEIVED AND ASSIGNED to City Services Committee.

041164 [Provide SSI application assistance to the chronically homeless and mentally ill in San Francisco]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a grant in the amount of $195,320 from the Social Security Administration (SSA) to provide SSI application assistance to the chronically homeless and mentally ill in San Francisco and to enter into an agreement for the use of these funds; for the period of May 1, 2004, to April 30, 2005. (Public Health Department)
8/6/2004, RECEIVED AND ASSIGNED to City Services Committee.

041165 [Conveyance of Property in San Mateo County]
Resolution authorizing a conveyance of property in the County of San Mateo; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting findings pursuant to the California Environmental Quality Act and ratifying acts and authorizing actions in furtherance of this resolution. (Real Estate Department)
8/6/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041166 [Estate of Doris Campos]
Resolution accepting the bequest of Doris Campos on behalf of needy senior residents of San Francisco and designating the Department of Aging and Adult Services as the department to manage the distribution of the estate. (Adult and Aging Services)
8/6/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041170 [Petitions and Communications]
Petitions and Communications received from August 3, 2004 through August 9, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on August 17, 2004.

From concerned citizens, submitting opposition to proposed ballot measure that would close JFK Drive in Golden Gate Park to vehicular traffic on Saturdays.Approximately 150 letters(1)

From Fine Arts Museums of San Francisco, submitting Annual Report
and Sole Source Contracts for fiscal year 2003-04.(2)

From Redevelopment Agency, submitting approved Redevelopment Agency budget for fiscal year 2004-05.(3)

From Public Library, submitting pertinent information regarding the detailed process involved in legally using the Library Preservation Funds appropriated by the Board of Supervisors to the school district.(4)

From Clerk of the Board, submitting Form 700 Statement of Economic Interests:
Thomas Lee, Constituent Liaison to Supervisor Tom Ammiano;
Diana Parker, Constituent Liaison to Supervisor Dufty.(5)

From Department of Public Health, submitting support for an emergency ordinance amending the Administrative Code entitled "Establishing a Disadvantaged Enterprise Program."File 040365, Copy: Supervisor McGoldrick(6)

From concerned citizens, submitting request to continue proposed ordinance amending Planning Code to delete the requirement that changes in use to a retail coffee store or pharmaceutical and personal toiletries use that subject to the notification and review. File 040365, Copy: Supervisor McGoldrick(7)

From concerned citizens, submitting concern with the current enforcement of the always over-looked off-leash laws by the Golden Gate National Recreation Area.(8)

From the Risk Management Program, submitting the Risk Management indemnification quarterly report for April through June 2004.(9)

From the Gay Asian Pacific Alliance, submitting press release regarding the first ever Asian American rally to support marriage equality on August 8, 2004 in San Francisco.(10)

From Southeast Community Facility Commission, submitting annual report for fiscal year 2003-04.(11)

From Office of the Controller, responding to inquiry regarding status of outstanding payments to contractors of the Neighborhood Beautification Program. (Reference No. 2004060808-002) Copy: Supervisors Ammiano, Dufty(12)

From Public Library, submitting list of Sole Source contracts entered into during the past fiscal year.(13)

From Office of the District Attorney, submitting list of Sole Source contracts entered into during the past fiscal year.(14)

From Mayor's Office of Community Development, submitting request for release of reserved Emergency Shelter Grant funds in the amount of $96,115. File 04-0449(15)

From Department of Human Resources, Workers' Compensation Division, submitting letter in support of an emergency ordinance establishing a Disadvantaged Business Enterprise Program. File 04117, Copy: Each Supervisor(16)

From Real Estate Division, submitting list of real property owned by the City and County of San Francisco as of fiscal year June 30, 2004. Copy: Each Supervisor, Budget Analyst(17)

From James Falletti, submitting request to transfer a Type 20 Off-Sale Beer and Wine license from 2055 McAllister Street to the new location at the NEC of Broderick and Oak Streets for Falletti & Baldiocchi Finer Foods, Inc., dba Falletti Foods.(18)

From Department of Public Works, submitting support for proposed ordinance that establishes a Disadvantage Business Enterprise Program. File 041117, Copy: Each Supervisor(19)

From Office of Contract Administration, submitting contract data of the first three months of fiscal year 2003-04 that were subject to the requirements of Chapter 12D.A of the City's Administrative Code. File 041117, Copy: Each Supervisor(20)

From Lauren Yee, urging the Library Commission to consider building an enlarged and improved Teen Center when the Main Library is renovated.(21)

From Richard Skaff, commenting that the "Hearts" art project that has been installed throughout San Francisco was created and installed without any review for compliance with state and federal access codes and regulations access requirements of the American's with Disabilities Act.(22)

From concerned citizens, congratulating Sean Elsbernd on his appointment as
District 7 Supervisor.(23)

From Karl Krupp, submitting copy of letter sent to the Bay Area Quality Management District, regarding draft report entitled "Resource, Reliability and Environmental Concerns of Aging Power Plant Operations and Retirements" dated July 30, 2004.(24)

From Assessment Appeals Board, submitting decision for the applications filed on behalf of 555 California Street, LLC; including a summary of the Board's valuation for these properties.(25)

From Department of Elections, submitting notice that the Department of Elections, in conjunction with New California Media, will hold a press briefing on Ranked-Choice Voting for San Francisco's Ethnic Media Outlets on August 12, 2004 at 10:00 a.m. in room 416 of City Hall. Copy: Each Supervisor(26)

From William Schmid, submitting notice that the property located at Waller and Broderick Streets is a major fire hazard, including trees entangled in with the power lines, old and dried up weeds and grass covering half the area. Copy: Supervisor Dufty(27)

From Denise D'Anne, submitting support for the Transbay Terminal/Caltrain Downtown Extension including eminent domain acquisition of private developer's property. File 041079, Copy: Each Supervisor(28)

From Christine Ortiz, urging the Board of Supervisors to appoint Sue Cauthen to the Library Citizens Advisory Committee. Copy: Rules Clerk(29)






From John Potapenko, submitting opposition to proposed funding of the San Francisco Library's acquisition of a Radio Frequency Identification system.File 040777, Copy: Each Supervisor(30)

From Recreation and Parks Department, submitting letter in support of an emergency ordinance establishing a Disadvantaged Business Enterprise Program; including information regarding the departments urgent contracting needs. File 04117, Copy: Each Supervisor(31)

From Law Library, submitting notice that the Law Library has no current or prospective contracts that would be affected by proposed legislation amending Administrative Code Chapters 12L and 12M. (32)

From Ayla Tiago, submitting her concern with the risks MUNI passengers have to take everyday in order to board/get off the N Judah line at stops that do not have a passenger "island." Copy: MUNI(33)

From Comcast Cable, submitting courtesy notice of additional programming services offered to customers who reside in the rebuilt Comcast Cable areas.(34)

From Judy Thompson, regarding Administrative Code Section 12B compliance issues.Copy: Each Supervisor(35)

From California Public Utilities Commission, submitting notice that Pacific Gas and Electric Company filed an application asking for authority to issue Energy Recovery Bonds, to allow PG&E to reduce its electric rates.(36)

From Helen Jones, regarding the Mayor's choice for Supervisor of District 7. Copy: Supervisor Elsbernd(37)

From Hayes Valley Neighborhood Association, regarding conveyance of Central Freeway "Parcel" to Spiers Construction Company.File 040912, Copy: Land Use Committee Members(38)

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.
Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
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.
ś For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ś 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

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