Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

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

AGENDA
Tuesday, September 28, 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

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 16

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma, Elsbernd

1. 041162 [Improve pedestrian safety in San Francisco by coordinating citywide and targeted community-based safety campaigns] Supervisors Dufty, Elsbernd, Ma
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)

Question: Shall this Resolution be ADOPTED?

2. 041163 [Provide assertive case management to people with HIV and substance abuse and mental disorders, Year 2] Supervisor Dufty
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)

Question: Shall this Resolution be ADOPTED?

3. 041164 [Grant to provide SSI grant application assistance to the chronically homeless and mentally ill in San Francisco] Supervisors Daly, Dufty
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)

Question: Shall this Resolution be ADOPTED?

4. 041205 [Grant to provide consultation to the Brazilian government regarding the "Brazil AIDS and STD Control Project"] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPH, AO) to accept retroactively and expend a grant in the amount of $15,800 from the World Bank (WB) to provide consultation to the Brazilian government regarding the "Brazil AIDS and STD Control Project" and to enter into an agreement, which contains an indemnification clause, for the use of these funds; for the period of April 1, 2004, to June 30, 2004. (Public Health Department)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

5. 041171 [Appropriate funding to the ranked-choice voting community education and ethnic media outreach program for radio and print ads] Supervisors Gonzalez, Daly
Ordinance appropriating $75,000 from the General Fund Reserve to implement the ranked-choice voting community education and ethnic media outreach plan for the Department of Elections for fiscal year 2004-05.

9/21/2004, PASSED ON FIRST READING. Supervisor Daly requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

6. 031988 [Interdepartmental Transfer - Block 2870, Lot 48] Supervisors Dufty, Elsbernd
Ordinance transferring jurisdiction of the real property identified as Assessor's Block 2870, Lot 48, from the Department of Public Works to the Recreation and Park Department; adopting findings that the transfer is consistent with the General Plan and Section 101.1 of the Planning Code, and requesting official actions in connection with this Ordinance.

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 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)

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

8. 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)

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

9. 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)

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

10. 041174 [Appropriate bond proceeds for the demolition and other pre-construction activities for renovation and replacement of California Academy of Sciences facilities] Supervisor McGoldrick
Ordinance appropriating $8,075,000 of 2000 Academy of Sciences bond proceeds for capital improvement projects on CAS facilities in Golden Gate Park for Department of Recreation and Parks and the Department of Public Works for fiscal year 2004-05, placing $8,075,000 on reserve.

(Fiscal impact.)

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

11. 041204 [Contracting out Parking Meter Management System]
Resolution concurring with the Controller's certification that parking meter management services, including collection and coin counting can be practically performed by a private contractor at a lower cost than by City and County employees. (Municipal Transportation Agency)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

12. 041208 [Contracting out Convention Facilities management, operation and maintenance services at Bill Graham Civic Auditorium and the Moscone Center]
Resolution concurring with the Controller's certification that Convention Facilities management, operation and maintenance services can be practically performed at Bill Graham Civic Auditorium and the Moscone Center by private contractor for a lower cost than similar work services performed by City and County employees. (Administrative Services Department)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Peskin, Maxwell

13. 040557 [Update of Traffic Code reference pertaining to taxicab stands]
Ordinance amending Section 39 of the San Francisco Traffic Code, updating Section referenced in the San Francisco Police Code pertaining to taxicab stands. (Parking and Traffic Department)

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

14. 040558 [Amending Police Code to extend commercial passenger-carrying vehicle restriction on Lyon Street north of Green Street]
Ordinance amending Section 1183.17 of the San Francisco Police Code, adding two blocks of Lyon Street to the existing passenger-carrying commercial vehicle restricted areas. (Parking and Traffic Department)

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

15. 041035 [Amending San Francisco Traffic Code pertaining to speed limits on Market Street]
Ordinance amending Sections 176.14 and 175.32 of the San Francisco Traffic Code, modifying speed limits on portions of Market Street. (Parking and Traffic Department)

9/21/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier

16. 041113 [Settlement of Lawsuit - Constance Ong, et al.]
Ordinance authorizing settlement of the lawsuit filed by Constance Ong against the City and County of San Francisco for $500,000; the lawsuit was filed on May 16, 2003 in San Francisco Superior Court, Case No. 420-576; entitled Constance Ong, et al., v. City and County of San Francisco, et al. (City Attorney)

9/21/2004, 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

Recommendation of the Land Use Committee

Present: Supervisors McGoldrick, Peskin, Maxwell

17. 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.

8/17/2004, CONTINUED. Continued to September 28, 2004

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Peskin

18. 040685 [Establishing and administering a Supplemental Tax Deferred Plan] Supervisor Sandoval
Ordinance amending the San Francisco Administrative Code by adding Sections 16.62 through 16.62-3 requiring that certain lump sum payments be transferred to a Supplemental Tax Deferred Plan.

9/21/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

9/21/2004, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma, Elsbernd

19. 041043 [Liquor License Transfer, Pier 39, Space J02]
Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license from 1255 22nd Street to Pier 39, Space J02 (District 3) to Monika D. Steiner for Wines of California will serve the public convenience and necessity 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?

20. 041059 [Liquor License Transfer, 52-60 Sixth Street]
Resolution determining that the transfer of a Type 48 on-sale general public premises license from 60 Sixth Street to 52-60 Sixth Street (District 6) to Angel Cruz for Six Inc., dba Club Six, will serve the public convenience and necessity 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?

21. 041232 [Accept- Expend State Loan for $1,622,940 for a Solar Power Plant at Southeast Water Pollution Control Plant]
Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a loan in the amount of approximately $1,622,940 from the California Energy Commission to support the installation of energy efficiency measures and a 229 kilowatt solar electric system at the Southeast Water Pollution Control Plant (SEWPCP) 750 Phelps. (Public Utilities Commission)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

22. 041175 [Open Space Fund Financing] Supervisor McGoldrick
Ordinance approving the issuance and sale of lease revenue bonds payable from the Park, Recreation and Open Space Fund to finance various park projects as further described herein; approving the form of a Site Lease by and between the City and County of San Francisco Finance Corporation (the "Corporation") and the City and County of San Francisco (the "City") relating to certain City-owned properties located in the City (as further described herein); approving the form of a Master Lease by and between the Corporation and the City; approving the form of a Master Trust Agreement by and between the Corporation and a trustee (including certain indemnities contained therein); authorizing the selection of a trustee; approving the form of an Assignment Agreement by and between the Corporation and a trustee; approving the form of an official notice of sale and a notice of intention to sell the lease revenue bonds; directing the publication of the notice of intention to sell the lease revenue bonds; approving the form of an official statement in preliminary and final form; approving the form of a continuing disclosure certificate; authorizing the payment of cost of issuance; authorizing reimbursement of certain expenditures; adopting findings under the California Environmental Quality Act and findings pursuant to City Planning Code Section 101.1; and ratifying previous actions taken in connection therewith.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 041177 [Bond Sale of Neighborhood Recreation and Park Facilities Improvement Bonds] Supervisors McGoldrick, Elsbernd
Resolution authorizing and directing the sale of not to exceed $68,800,000 General Obligation Bonds (Neighborhood Recreation and Park Facilities Improvement Bonds, 2000), Series 2004A; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds.

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

24. 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)

Question: Shall this Resolution be ADOPTED?

25. 040226 [Sale of Surplus Property at 107 24th Avenue]
Resolution authorizing the sale of surplus City-owned real property located at 107 24th Avenue (Block 1334, Lot 1); adopting findings that the sale is 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 proceed with its sale at public auction. (Real Estate Department)

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

26. 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.

8/17/2004, CONTINUED. Continued to September 21, 2004

9/21/2004, CONTINUED. Continued to September 28, 2004

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

27. 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.)

8/17/2004, CONTINUED. Continued to September 21, 2004

9/21/2004, CONTINUED. Continued to September 28, 2004

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.

28. 041199 [Public Hearing - Appeal of Categorical Exemption - 2404 Broadway Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 3, 2004, Case No. 2004.0406E, approving the proposed project to vertically and horizontally expand an existing three-story-over-basement Colonial Revival house located at 2404 Broadway Street, Assessor's Block 562, Lot 4. (Appellants: Suzanne and Francoise Antounian, represented by their attorneys, G. Scott Emblidge and Rebecca Bedwell-Coll of Moscone, Emblidge & Quadra, LLP.)

(Filed August 18, 2004; companion measure to Files 041200, 041201, 0411202; District 3.)

9/14/2004, CONTINUED. Continued to September 28, 2004

Action:___________________________

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

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

29. 041200 [Affirming the categorical exemption issued for 2404 Broadway Street]
Motion affirming the determination by the Planning Department that the 2404 Broadway Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

9/14/2004, CONTINUED. Continued to September 28, 2004

Question: Shall this Motion be ADOPTED?

30. 041201 [Disapproving the categorical exemption issued for 2404 Broadway Street]
Motion disapproving the determination by the Planning Department that the 2404 Broadway Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

9/14/2004, CONTINUED. Continued to September 28, 2004

Question: Shall this Motion be ADOPTED?

31. 041202 [Preparation of findings related to the categorical exemption issued for 2404 Broadway Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 2404 Broadway Street project is categorically exempt from environmental review under the California environmental Quality Act. (Clerk of the Board)

9/14/2004, CONTINUED. Continued to September 28, 2004

Question: Shall this Motion 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, September 22, 2004 at 10:00 a.m. The Chair intends to request the Committee to send the following items to the Board as committee reports on Tuesday, September 28, 2004.

32. 041094 [Waiver Permitting City Employees to Assist the Department of Elections with the November 2, 2004 election]
Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to permit City employees to assist the Department of Elections with the November 2, 2004 election. (Elections Department)

Question: Shall this Motion be ADOPTED?

33. 041203 [Settlement of Lawsuit - CCSF v ARCO, et al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against AGI, American Airlines, Avis, Budget, Continental, Delta, Dollar, Federal Express, Japan Airlines, U.S. Air, for the payment to the Airport of environmental clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal). (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

The following item will be considered by the Rules Committee at a Reschuled Meeting on Monday, September 27, 2004 at 11:00 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, September 28, 2004.

34. 041190 [Reauthorization and Expansion of the First Source Hiring Program] Supervisor Maxwell
Ordinance amending the San Francisco Administrative Code by amending sections 83.3, 83.4, 83.5, 83.6, 83.7, 83.9, 83.11, and by adding section 83.12A to: (1) expand the scope of the ordinance to apply to any work performed in the City by City contractors; (2) expand the definition of contract to include sole source contracts and contracts, loans and grants awarded by the City in excess of $50,000; (3) include residential projects, as defined herein, to be subject to first source hiring requirements; (4) expand the definition of "commercial activity," as defined herein; (5) increase the First Source Hiring Administration's reporting requirements to the Mayor and the Board of Supervisors regarding the progress of the first source hiring program; (6) delete the requirement that the Purchaser shall determine the applicability of the first source hiring requirements to certain service contracts; (7) require developers to obtain a first source hiring agreement or an exemption before the Planning Commission may approve development projects or other City departments may issue permits subject to first source requirements; (8) impose a fee schedule on covered entities; and (9) extend the operative date to January 1, 2009.

Question: Shall this Ordinance be PASSED ON FIRST READING?

35. 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.

36. 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 37 through 49

37. 041319 [Sewer Service Utility Contract] Supervisor Alioto-Pier
Resolution authorizing the San Francisco Public Utilities Commission General Manager to execute the First Amendment to the Sewer Service Utility Contract (No. 1443CX061094018) with The Presidio Trust for the purpose of extending the existing contract term by twelve (12) months through September 30, 2005.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 041320 [Expressing support for Bringing America Home Act (H.R. 2897)] Supervisor Daly
Resolution urging the Congressional delegation representing San Francisco to support the passage of the Bringing America Home Act (H.R. 2897), a comprehensive bill to end homelessness that addresses issues of affordable housing, livable income, civil rights protections, and health care for all.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 041321 [Approving hiring of displaced federal firefighters] Supervisor Dufty
Resolution approving the hiring of federal firefighters displaced by the closure of the Navy's fire station at Hunter's Point Shipyard, pursuant to the authority granted by California Government Code Section 53270.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 041322 [Commending Mildred Crear] Supervisors Dufty, Maxwell
Resolution commending Mildred Crear, the Director of Maternal and Child Health, for her 41 years of inspirational leadership at the Department of Public Health.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 041323 [Honoring the San Francisco Mime Troupe] Supervisors Dufty, Ammiano
Resolution honoring the San Francisco Mime Troupe for its 45 years of service.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 041325 [Honoring Denise M. Brady] Supervisor Dufty
Resolution honoring Denise M. Brady on the occasion of her retirement.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 041326 [Honoring Jim Tate] Supervisor Dufty
Resolution honoring Jim Tate for his years of service and his deep compassion for those in need.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

44. 041327 [State funds for construction and renovation of branch libraries] Supervisors Elsbernd, Ma, Maxwell, McGoldrick, Sandoval, Alioto-Pier
Resolution urging the California Public Library Construction and Renovation Board to award five grants totaling over $22 million from Proposition 14 funds for the construction of new Ingleside, Ortega, Portola, and Visitacion Valley branch libraries and the renovation of the Richmond branch library.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

45. 041328 [Walk to School Day] Supervisor Ma
Resolution declaring October 6, 2004 as "Walk Our Children to School Day" in the City and County of San Francisco.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

46. 041329 [Commending San Francisco Community Power] Supervisor Maxwell
Resolution commending San Francisco Community Power for its dedication and commitment to promoting renewable energy, conservation, and demand-response programs in San Francisco's southeast neighborhoods and proclaiming October 5, 2004 as San Francisco Community Power Day.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

47. 041330 [Urging State Regulatory Action] Supervisor Peskin
Resolution endorsing On-Bill Financing as a cost effective means for small business owners to finance energy efficiency upgrades, and urging the California Public Utilities Commission to take appropriate action to facilitate creation of an On-Bill Financing program in California.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

48. 041331 [Del Monte Square] Supervisor Peskin
Resolution declaring September 28, 2004 Del Monte Square Day in San Francisco.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

49. 041332 [Commending SEIU 250 on its 70th anniversary and its growth to 100,000 members] Supervisor Sandoval
Resolution commending the Service Employees International Union Local 250 on its 70th anniversary and its growth to 100,000 members.

9/21/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

50. 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 September 14, 2004 to September 21, 2004, for reference by President to appropriate committee on September 28, 2004.

041244 [Settlement of Lawsuit - Alema Hoskins, et al.]
Ordinance authorizing settlement of the lawsuit filed by Alema Hoskins, a minor, by and through her guardian, Susie McAllister and Jeanell Harris, a minor, by and through her guardian, Inell Manuel against the City and County of San Francisco for $108,000; the lawsuit was filed on January 17, 2003 in San Francisco Superior Court, Case No 416-515; entitled Alema Hoskins, et al., v. City and County of San Francisco, et al. (City Attorney)

9/20/2004, RECEIVED AND ASSIGNED to Rules Committee.

041250 [Settlement of Lawsuit - Mehran Esmaili, et al.]
Ordinance authorizing settlement of the lawsuit filed by Mehran Esmaili, et al., against the City and County of San Francisco for $49,500; the lawsuit was filed on September 23, 1999, in Santa Clara County Superior Court, Case No. 1-02-CV805070; entitled Mehran Esmaili, et al. v. City of Millbrae, et al.; other material terms of said settlement are: (1) Each party shall mutually release the other from all claims arising from the February/March 2000 landslide that forms the basis of the action; (2) Each party shall dismiss with prejudice all complaints and cross-complaints filed in the action; and (3) Each party shall bear its own legal costs and fees;

9/20/2004, RECEIVED AND ASSIGNED to Rules Committee.

041342 [Settlement of Lawsuit - Apartment Investment and Management Company, aka AIMCO, et al.]
Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against AIMCO and seven of its corporate affiliates, filed on January 30, 2002 in San Francisco Superior Court, Case No. GCG 02-404-010, entitled City and County of San Francisco, et al., v. Apartment Investment and Management Company, aka AIMCO, et al., relating to code violations at four apartment buildings in Bayview/Hunters Point, and a cross-complaint against the City and certain individual employees filed on January 28, 2003; the settlement provides for payment to the City of a total of $3,000,000 plus an additional contingent payment of $500,000; $1,000,000 of the $3,000,000 payment from AIMCO will be dedicated to improving public safety in the area through helping establish a new Hunters Point/Bayview S.F. Boys and Girls Club with an associated Police Department Office; the settlement also provides that AIMCO has abated or will abate all notices of violation issued by the Department of Building Inspection that were the subject of the lawsuit; and approving satisfaction of DBI fees for AIMCO's proposed renovation of the Properties, through AIMCO's payment of settlement funds to the City. (City Attorney)

9/20/2004, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from September 14, 2004 to September 21, 2004, for reference by President to appropriate committee on September 28, 2004.

041098 [Accept-Expend Federal Grant]
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $339,964 from the United States Department of Justice, Violence Against Women Office for Safe Havens. (Department of Children, Youth & Their Families)

9/14/2004, RECEIVED AND ASSIGNED to City Services Committee.

041099 [Street Artist Winter Holiday Spaces]
Resolution approving temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 2004, beginning on November 15, 2004 and ending on January 15, 2005. (Arts Commission)

9/14/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041169 [Municipal Railway Professional Services Contract CS-123, Amendment No. 7]
Resolution authorizing the Director of Transportation to execute Amendment No. 7 to San Francisco Municipal Railway Contract No. CS-123, Professional Design and Construction Support Services for Muni Metro Third Street Light Rail Project, with WPK Third Street Consultants, for extra design work and additional construction support services, for an amount not to exceed $1,500,000, and a total contract amount not to exceed $11,481,206, and to extend the contract for one year. (Municipal Transportation Agency)

9/17/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041347 [Petitions and Communications]
Petitions and Communications received from September 14, 2004 through September 20, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on September 28, 2004.

From Academy of Sciences, regarding budget certification of the Steinhart Aquarium for fiscal year 2004/05.(1)

From Clerk of the Board, submitting 2004/05 Board of Supervisors/Clerk of the Board Efficiency Plan.(2)

From Adult Probation Department, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet service levels as proposed to the Board.(3)

From Supervisor Gonzalez, submitting appointment of Supervisor Alioto-Pier and Supervisor Peskin to serve on the Disaster Council. Copy: Each Supervisor(4)

From the Fine Arts Museums of San Francisco, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet service levels as proposed to the Board.(5)

From the War Memorial and Performing Arts Center, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet service levels as proposed to the Board.(6)

From Juvenile Probation Department, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet service levels as proposed to the Board.(7)

From Clerk of the Board, submitting Form 700 Statement of Economic Interest:
Dustin Blake, Legislative Assistant to Supervisor Dufty(8)

From Assistant Clerk of the Board, submitting report on the 2003-04 Civil Grand Jury Report, The Merger of Emergency Medical Services and the San Francisco Fire Department.(9)

From Department of Elections, submitting an overview of our plan to provide assistance in Chinese and Spanish as required by the Federal Voting Rights Act. Copy: Each Supervisor(10)

From Department of Human Resources, submitting preliminary review of the Airport Commission's proposed new and substitute positions for fiscal year 2004/05 budget.(11)

From Department of Children, Youth and Their Families, submitting request for release of reserved funds in the amount of $1,752,000 to provide emergency funding for children's services through the Department of Children, Youth and Their Families.(12)

From Office of the Mayor, responding to the Ethics Commission recent vote to pro-rate public financing to eligible candidates for the November elections due to an anticipated shortfall in funding. Copy: Each Supervisor(13)

From Fire Department, regarding cleanup and maintenance of the Fire Department's Logistics Center at 1415 Evans Street. (Reference No. 2004810-011) Copy: Supervisor Maxwell(14)

From Department of Child Support Services, certifying that the appropriation for fiscal year 2005 is adequate to carry out the normal business of the Department.(15)

From Redevelopment Agency, responding to inquiry on preservation issues at the Emporium site project. (Reference No. 20040817-006) Copy: Supervisors Peskin, Ammiano(16)

From IFPTE, Local 21, regarding contracting out of architectural and engineering services.(17)

From Superior Court of California, submitting notice that the Board of Supervisors has been granted a 30-day extension in replying to the two reports of the Civil Grand Jury concerning the San Francisco Unified School District.(18)

From Clerk of the Board, submitting list of City departments and agencies that submitted the Conflict of Interest Code Review Report: (19)
War Memorial and Performing Arts Center
Department of Aging and Adult Services
Mayor's Film and Video Arts Commission

From Civil Service Commission, authorizing permanent civil service appointment of displaced United States Navy Firefighters.(20)

From Planning Department, submitting notice of Certificate of Determination for proposed ordinance regarding retail use in the Haight Street Neighborhood Commercial District. Copy: Each Supervisor (21)

From Planning Department, submitting notice of Certificate of Determination for proposed ordinance regarding North Beach Neighborhood Commercial District.Copy: Each Supervisor(22)

From Planning Department, submitting notice of Certificate of Determination for proposed ordinance regarding any proposed project involving the change in use or demolition of a movie theater.Copy: Each Supervisor(23)

From Department of Human Resources, submitting notice that the Employee Relations Division has denied grievance by Local 21 that the Board's action was in violation of the MOU when they deleted several Local 21-represented positions from the 2004-05 proposed budget.(24)

From Residential Rent Stabilization and Arbitration Board, responding to inquiry regarding types of food or beverage products purchased by the Rent Board. (Reference No. 20040914-063) Copy: Supervisor Peskin(25)

From Urban Forest Council and SF Environment, submitting annual report on the State of Urban Forest.(26)

From Jack Nulty, submitting copy of letter sent to the Recreation and Park Commission urging them to help maintain Boeddeker Park multi purpose design for the diverse population of the neighborhood. Copy: Each Supervisor(27)

From Office of the Controller, submitting annual report summarizing the accomplishments of the Controller's Audits Division during fiscal year 2003-04.(28)

From S.F. AIDS Foundation, urging the Board to urge the Governor to sign SB 1159 and AB 2871 that would improve access to sterile syringes for injection drug users.(29)

From Department on the Status of Women, responding to inquiry regarding types of food or beverage products purchased by the Department on the Status of Women. (Reference No. 20040914-042) Copy: Supervisor Peskin(30)

From Civil Service Commission, responding to inquiry regarding types of food or beverage products purchased by the Civil Service Commission. (Reference No. 20040914-016) Copy: Supervisor Peskin(31)

From Catholic Charities CYO, submitting support for appointment of Mike DeNunzio to the Human Services Commission. File 0412225, Copy: Each Supervisor(32)

From Police Department, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet service levels as proposed to the Board.(33)

From Office of the Treasurer & Tax Collector, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet service levels as proposed to the Board.(34)

From Department of Public Health, requesting the department be notified when a permit application is filed for a large construction project involving healthcare facilities in San Francisco.(35)

From Department of Recreation and Parks, submitting list of programs offered at Mission Recreation Center for the last two years.(36)

From Laser, Inc., submitting copy of letter sent to Pacific Gas and Electric Corporation concerning the business practices and public safety issues about Tyco/Simplex Grinnell (Grinnell Fire Protection System Company).(37)

From David Dempsey, submitting support on behalf of the North East Mission Residents Association on proposed legislation regarding construction of a five-story building consisting of approximately 260 units of rental workshops for arts activities, light manufacturing, repair and small business services uses located at 3150 18th Street.File 041210, Copy: Each Supervisor(38)

From Housing Authority, responding to inquiry regarding types of food or beverage products purchased by the Housing Authority. (Reference No. 2004914-028) Copy: Supervisor Peskin(39)

From Beth Weintraub, commenting on proposed appeal of Final Negative Declaration of 3150 18th Street. File 041209, Copy: Each Supervisor(40)

From Clerk of the Board, responding to inquiry regarding types of food or beverage products purchased by the Department. (Reference No. 20040814-065) Copy: Supervisor Peskin(41)

From U.S. Department of the Interior, submitting notice of availability of the draft RMP/Draft EIS for the California Coastal National Monument.(42)

From concerned citizens, commenting on proposed eminent domain of 80 Natoma Street (Transbay Terminal). File 041080, Copy: Each Supervisor (43)

From Office of the Controller, submitting report summarizing the findings and recommendations of the reports issued by the Civil Grand Jury. Copy: Each Supervisor(44)

APPOINTMENTS BY THE MAYOR
Film and Video Arts Commission
Laurie Rowley
Jim Morris
Joan Chen
Lorrae Rominger
Peter Bratt
Maurice Kanbar
Rory Enke
Greg Chew

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.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
ú For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ú 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) 554-5784 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

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

Return to Full Board Agendas

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the City Services Committee






		Present: Supervisors Dufty, Ma, Elsbernd

1.	041162	[Improve pedestrian safety in San Francisco by coordinating citywide and targeted community-based safety campaigns]	Supervisors Dufty, Elsbernd, Ma
		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)



		Question: Shall this Resolution be ADOPTED?

2.	041163	[Provide assertive case management to people with HIV and substance abuse and mental disorders, Year 2]	Supervisor Dufty
		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)



		Question: Shall this Resolution be ADOPTED?

3.	041164	[Grant to provide SSI grant application assistance to the chronically homeless and mentally ill in San Francisco]	Supervisors Daly, Dufty
		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)



		Question: Shall this Resolution be ADOPTED?

4.	041205	[Grant to provide consultation to the Brazilian government regarding the "Brazil AIDS and STD Control Project"]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPH, AO) to accept retroactively and expend a grant in the amount of $15,800 from the World Bank (WB) to provide consultation to the Brazilian government regarding the "Brazil AIDS and STD Control Project" and to enter into an agreement, which contains an indemnification clause, for the use of these funds; for the period of April 1, 2004, to June 30, 2004. (Public Health Department)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Finance and Audits Committee




		Present: Supervisors Daly, Peskin, Ammiano

5.	041171	[Appropriate funding to the ranked-choice voting community education and ethnic media outreach program for radio and print ads]	Supervisors Gonzalez, Daly
		Ordinance appropriating $75,000 from the General Fund Reserve to implement the ranked-choice voting community education and ethnic media outreach plan for the Department of Elections for fiscal year 2004-05.


		9/21/2004, PASSED ON FIRST READING. Supervisor Daly requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

6.	031988	[Interdepartmental Transfer - Block 2870, Lot 48]	Supervisors Dufty, Elsbernd
		Ordinance transferring jurisdiction of the real property identified as Assessor's Block 2870, Lot 48, from the Department of Public Works to the Recreation and Park Department; adopting findings that the transfer is consistent with the General Plan and Section 101.1 of the Planning Code, and requesting official actions in connection with this Ordinance.


		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

7.	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)


		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	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)


		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	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)


		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

10.	041174	[Appropriate bond proceeds for the demolition and other pre-construction activities for renovation and replacement of California Academy of Sciences facilities]	Supervisor McGoldrick
		Ordinance appropriating $8,075,000 of 2000 Academy of Sciences bond proceeds for capital improvement projects on CAS facilities in Golden Gate Park for Department of Recreation and Parks and the Department of Public Works for fiscal year 2004-05, placing $8,075,000 on reserve.

		(Fiscal impact.)
		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

11.	041204	[Contracting out Parking Meter Management System]
		Resolution concurring with the Controller's certification that parking meter management services, including collection and coin counting can be practically performed by a private contractor at a lower cost than by City and County employees. (Municipal Transportation Agency)

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

12.	041208	[Contracting out Convention Facilities management, operation and maintenance services at Bill Graham Civic Auditorium and the Moscone Center]
		Resolution concurring with the Controller's certification that Convention Facilities management, operation and maintenance services can be practically performed at Bill Graham Civic Auditorium and the Moscone Center by private contractor for a lower cost than similar work services performed by City and County employees. (Administrative Services Department)

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Land Use Committee




		Present: Supervisors McGoldrick, Peskin, Maxwell

13.	040557	[Update of Traffic Code reference pertaining to taxicab stands]
		Ordinance amending Section 39 of the San Francisco Traffic Code, updating Section referenced in the San Francisco Police Code pertaining to taxicab stands. (Parking and Traffic Department)


		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

14.	040558	[Amending Police Code to extend commercial passenger-carrying vehicle restriction on Lyon Street north of Green Street]
		Ordinance amending Section 1183.17 of the San Francisco Police Code, adding two blocks of Lyon Street to the existing passenger-carrying commercial vehicle restricted areas. (Parking and Traffic Department)


		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

15.	041035	[Amending San Francisco Traffic Code pertaining to speed limits on Market Street]
		Ordinance amending Sections 176.14 and 175.32 of the San Francisco Traffic Code, modifying speed limits on portions of Market Street. (Parking and Traffic Department)


		9/21/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules Committee






		Present: Supervisors Maxwell, Alioto-Pier

16.	041113	[Settlement of Lawsuit - Constance Ong, et al.]
		Ordinance authorizing settlement of the lawsuit filed by Constance Ong against the City and County of San Francisco for $500,000; the lawsuit was filed on May 16, 2003 in San Francisco Superior Court, Case No. 420-576; entitled Constance Ong, et al., v. City and County of San Francisco, et al. (City Attorney)


		9/21/2004, 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:______________________________________________

	Recommendation of the Land Use Committee






		Present: Supervisors McGoldrick, Peskin, Maxwell

17.	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.


		8/17/2004, CONTINUED. Continued to September 28, 2004


		Question: Shall this Ordinance be PASSED ON FIRST READING?

18.	040685	[Establishing and administering a Supplemental Tax Deferred Plan]	Supervisor Sandoval
		Ordinance amending the San Francisco Administrative Code by adding Sections 16.62 through 16.62-3 requiring that certain lump sum payments be transferred to a Supplemental Tax Deferred Plan.


		9/21/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		9/21/2004, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

19.	041043	[Liquor License Transfer, Pier 39, Space J02]
		Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license from 1255 22nd Street to Pier 39, Space J02 (District 3) to Monika D. Steiner for Wines of California will serve the public convenience and necessity 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?

20.	041059	[Liquor License Transfer, 52-60 Sixth Street]
		Resolution determining that the transfer of a Type 48 on-sale general public premises license from 60 Sixth Street to 52-60 Sixth Street (District 6) to Angel Cruz for Six Inc., dba Club Six, will serve the public convenience and necessity 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?

21.	041232	[Accept- Expend State Loan for $1,622,940 for a Solar Power Plant at Southeast Water Pollution Control Plant]
		Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a loan in the amount of approximately $1,622,940 from the California Energy Commission to support the installation of energy efficiency measures and a 229 kilowatt solar electric system at the Southeast Water Pollution Control Plant (SEWPCP) 750 Phelps. (Public Utilities Commission)



		Question: Shall this Resolution be ADOPTED?

22.	041175	[Open Space Fund Financing]	Supervisor McGoldrick
		Ordinance approving the issuance and sale of lease revenue bonds payable from the Park, Recreation and Open Space Fund to finance various park projects as further described herein; approving the form of a Site Lease by and between the City and County of San Francisco Finance Corporation (the "Corporation") and the City and County of San Francisco (the "City") relating to certain City-owned properties located in the City (as further described herein); approving the form of a Master Lease by and between the Corporation and the City; approving the form of a Master Trust Agreement by and between the Corporation and a trustee (including certain indemnities contained therein); authorizing the selection of a trustee; approving the form of an Assignment Agreement by and between the Corporation and a trustee; approving the form of an official notice of sale and a notice of intention to sell the lease revenue bonds; directing the publication of the notice of intention to sell the lease revenue bonds; approving the form of an official statement in preliminary and final form; approving the form of a continuing disclosure certificate; authorizing the payment of cost of issuance; authorizing reimbursement of certain expenditures; adopting findings under the California Environmental Quality Act and findings pursuant to City Planning Code Section 101.1; and ratifying previous actions taken in connection therewith.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?