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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, October 5, 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 September 14, 2004 Meeting Minutes.

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 7

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

1. 041175 [Open Space Fund Financing] Supervisors McGoldrick, Dufty, Elsbernd
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.)

9/28/2004, PASSED ON FIRST READING. Supervisors Dufty and Elsbernd requested to be added as co-sponsors.
Question: Shall this Ordinance be FINALLY PASSED?

2. 041096 [Gift - Private]
Resolution authorizing the Department of Public Health, San Francisco General Hospital to accept a gift of a mobile mammography facility vehicle and associated equipment, valued at $432,716, donated by the University of California, San Francisco for mobile mammography services to indigent and under-served women in San Francisco. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

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

3. 041191 [Settlement of Claim - CCSF v. WCB More II Limited Partnership, et al.]
Ordinance authorizing settlement of relocation benefits claim of California Bank & Trust Company by the payment of $340,000, arising from litigation entitled City and County of San Francisco v. WCB More II Limited Partnership, et al., filed on September 10, 1998 as San Francisco Superior Court Case No. 997-764. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

4. 041206 [Settlement of Lawsuit - Yvette Castillo]
Ordinance authorizing settlement of the lawsuit filed by Yvette Castillo against San Francisco General Hospital and the City and County of San Francisco for $96,400; the lawsuit was filed on April 30, 2003 in San Francisco Superior Court, Case No. 416346 entitled Yvette Castillo v. San Francisco General Hospital, City and County of San Francisco. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 041207 [Settlement of Lawsuit - Leanna Mossi, et al.]
Ordinance authorizing settlement of the lawsuit filed by Leanna Mossi against the City and County of San Francisco for $97,500; the lawsuit was filed on November 21, 2002 in San Francisco Superior Court, Case No. 414-929; entitled Leanna Mossi, et al., v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

6. 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)
9/28/2004, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, Gonzalez

7. 041190 [Reauthorization and Expansion of the First Source Hiring Program] Supervisors Maxwell, Gonzalez, Dufty, Daly
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 83.18 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; (2) include residential projects, ad 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 must determine the applicability of the First Source Hiring Ordinance 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; and (8) extend operative date to January 1, 2009.
9/28/2004, PASSED ON FIRST READING. Supervisors Dufty and Daly requested to be added as co-sponsors.
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 Rules Committee
Present: Supervisors Maxwell, Alioto-Pier, Peskin

8. 041172 [Reenacting a Disadvantaged Business Enterprise Program] Supervisors Ammiano, Ma, Dufty, Maxwell, Alioto-Pier
Emergency ordinance amending the San Francisco Administrative Code by adding Section 14A.03 to Chapter 14A to reenact a Disadvantaged Business Enterprise Program and suspend Chapter 12D.A, make applicable certain emergency contracting procedures, and provide for data collection to ensure nondiscrimination in City contracting; adopting declaration of emergency. (Clerk of the Board)
9/21/2004, CONTINUED. Supervisor Ammiano requested to be added as sponsor. Supervisors Ma, Dufty, Maxwell and Alioto-Pier requested to be added as co-sponsors. Continued to October 5, 2004
Question: Shall this Ordinance be FINALLY PASSED?

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

9. 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, Daly
Ordinance amending Planning Code Section 312 to remove notice and review procedures for changes of use, add notice and review procedures for changes of use to a formula retail use, to require that changes of use to bars, liquor stores, walkup facilities, other large institutions, other small institutions, restaurants, massage establishments, outdoor activities, or adult or other entertainment uses be subject to the notification and review procedures of Section 312, receive review for compliance with Neighborhood Commercial Design Guidelines and on-site noticing for 15 days, and to require that the Planning Department update and make available its list of neighborhood organizations with interests in specific properties or areas, and to provide that if a neighborhood organization required to receive project notification is not sent notice the proposed project must be re-noticed.
8/17/2004, CONTINUED. Continued to September 28, 2004
9/28/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved an amendment of the whole bearing new title.
9/28/2004, CONTINUED AS AMENDED ON FIRST READING. Continued to October 5, 2004 Supervisor Daly requested to be added as a co-sponsor.
Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendation of the City Services Committee
Present: Supervisors Ma, Elsbernd

10. 041095 [County Refugee Plan]
Resolution approving the Federal Fiscal Year 2004 San Francisco County Refugee Plan. (Private Industry Council)
Question: Shall this Resolution be ADOPTED?

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

11. 041173 [Funding from bond proceed sales of General Obligation and Lease Revenue bonds for improvement and construction of open space/ neighborhood park projects and to re-appropriate prior year Supervisor McGoldrick
Ordinance appropriating $68,800,000 of bond sale proceeds from General Obligation Bonds to fund the improvement and construction of parks and open space (as part of Proposition A) appropriating $27,005,000 of bond sales proceeds from Lease Revenue Bonds to fund at least 11 neighborhood park improvement projects and various additional projects; and re-appropriating $2,783,973 of prior year Open Space project funding to various active capital improvement projects in current fiscal year 2004-05 for a total amount of $98,588,973; and releasing $2,000,000 in reserve, funded through Revenue Bonds, for capital projects; and placing the amounts of $68,800,000, $27,005,000, $191,700 and $3,273,272 on reserve.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 041246 [Approval to Negotiate Prices for Construction Trade Packages for the Laguna Honda Hospital Replacement Program] Supervisor Elsbernd
Ordinance authorizing the Department of Public Works to negotiate prices for trade packages for the construction of the Laguna Honda Hospital Replacement Program.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 041093 [Transferring Unclaimed Trust Deposits from Parking Citations to the General Fund]
Resolution accepting outstanding and unclaimed trust deposits from parking citations as revenue to be transferred to the General Fund. (Parking and Traffic Department)
Question: Shall this Resolution be ADOPTED?

14. 041184 [Urging various City departments to investigate the costs, benefits, and technical issues associated with installing City-owned broadband facilities in conjunction with the City's planned Supervisors Ammiano, Daly
Resolution urging the Department of Telecommunications and Information Services, the Public Utilities Commission, the Department of Public Works, and the Mayor's Office of Public Finance to evaluate the costs, benefits, and technical issues associated with installing broadband facilities when the City and County of San Francisco conducts its planned rebuild of its sewer system, to enable the City and County of San Francisco to increase the availability of bandwidth for telecommunications, cable, and information services.
Question: Shall this Resolution be ADOPTED?

15. 041153 [Preferred Priority Projects funded with Neighborhood Historical Resources Preservation Bonds] Supervisor Peskin
Resolution providing that the eleven historical resources described in the bond ordinance for the Neighborhood Historical Resources Preservation Bonds are considered for funding before any other qualified project is funded.
Question: Shall this Resolution be ADOPTED?

16. 041223 [Acceptance of Donation of Real Estate]
Resolution authorizing the acceptance by the City and County of San Francisco of the donation of two lots from Rosario F. Occhipinti, a married man, and the Rosario F. Occhipinti Separate Property Trust dated August 15, 1989, (collectively "Occhipinti"), at no cost to the City, for the development of a playground, adopting findings that the conveyance is categorically exempt from Environmental Review, is consistent with the City's Eight Priority Policies of City Planning Code Section 101.1 and is in conformity with the City's General Plan; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department)
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

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

17. 041137 [Zoning - Interim Moratorium on Demolition of Single-and Dual-screen Movie Theaters] Supervisors McGoldrick, Alioto-Pier
Urgency Ordinance approving an interim zoning moratorium on demolition of single-and dual-screen movie theaters for 45 days and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.
9/14/2004, SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors McGoldrick, Peskin, Maxwell

18. 041186 [Urging the PUC to fund a wave-generation power study at Ocean Beach] Supervisor Gonzalez
Resolution urging the PUC to fund the Electricity Production Research Institute (EPRI) to complete a study on Ocean Beach necessary for planned implementation of wave-generated power in San Francisco.
Question: Shall this Resolution be ADOPTED?

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

19. 041219 [Appointment - Golden Gate Bridge, Highway and Transportation District]
Resolution appointing Supervisor Gerardo Sandoval as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District Board, term ending January 31, 2005.
Supervisor Gerardo Sandoval, succeeding Tony Hall, resigned, seat 7, must be member of the Board of Supervisors, for the unexpired portion of a two-year term ending January 31, 2005.

Question: Shall this Resolution be ADOPTED?

20. 041215 [Appointment - Planning Commission]
Motion approving the Mayor's appointment of Dwight Alexander to the Planning Commission term ending July 1, 2008. (Mayor)
(Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 041216.)
Transmittal date - August 24, 2004.

Question: Shall this Motion be ADOPTED?

21. 041252 [Confirming Philip Ginsburg as Human Resources Director] Mayor
Motion confirming Philip Ginsburg as Human Resources Director.
Question: Shall this Motion be ADOPTED?


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

22. 041220 [Appointment - Planning Commission]
Motion approving the Mayor's appointment of Dr. Michael Antonini to the Planning Commission term ending July 1, 2008. (Mayor)
(Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 041221.)
Transmittal date - August 24, 2004.

Question: Shall this Motion be ADOPTED?

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

23. 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.

24. 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 25 through 38

25. 041371 [San Francisco Night Ministries] Supervisors Ammiano, Dufty
Resolution congratulating the San Francisco Night Ministry upon the occasion of its 40th anniversary and further the Night Ministry for its exemplary record of compassionate care and effective service to the citizens of the City and County of San Francisco.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

26. 041372 [San Francisco Weekly Article] Supervisors Ammiano, Sandoval, Dufty
Resolution urging the publisher of the San Francisco Weekly to publicly respond to community concerns regarding caricatures of the Mission District residents depicted in Dan Siegler's piece entitled "Help Take Back The Mission District" published in the September 15, 2004 edition of the San Francisco Weekly.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

27. 041373 [Public hearing approval for issuance and sale of multifamily housing revenue bonds by CSCDA for Martin Luther Tower, L.P.] Supervisor Daly
Resolution authorizing the issuance and sale of multifamily housing revenue bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $10,000,000 for the Project (as defined herein).
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 041374 [Commending Barbara Marino] Supervisors Maxwell, Dufty
Resolution commending Barbara Marino for her years of contribution to the City and County of San Francisco.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 041375 [Urging SFSU to continue its Russian Program] Supervisors McGoldrick, Dufty
Resolution urging San Francisco State University to continue its Russian Program.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 041376 [Lead Poisoning Prevention Program] Supervisor Peskin
Resolution urging specified City departments to implement recommendations of the Department of Public Health set forth in the Director of Health's Report on the Comprehensive Environmental Lead Poisoning Prevention Program for The City and County of San Francisco dated December 2, 2003.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 041377 [Commending Nancy Bang] Supervisor Peskin
Resolution commending Nancy Bang on the occasion of her retirement.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 041378 [Commending Sparky's Diner] Supervisor Dufty
Resolution commending Sparky's Diner for winning a CORY, Commercial Recycler of the Year Award, for the third year in a row.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 041379 [Commemorative Plaque Designation - Haight Street Walk of Fame] Supervisor Gonzalez
Resolution designating the public right of way from Central Avenue to Stanyan Street along Haight Street as eligible for the installation and maintenance of commemorative plaques, pursuant to Public Works Code Sections 789.2(a). In order to honor the musicians, artists, writers and other individuals that have contributed to the musical, artistic, and cultural heritage of the Haight District and the greater San Francisco Bay Area, identifying this area as the "Haight Street Walk of Fame."
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 041380 [James A. Johnston Month] Supervisor Ma
Resolution declaring September 2004 as "James A. Johnston Month" in the City and County of San Francisco.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 041381 [Declaring October 2004 to be "Domestic Violence Awareness Month"] Supervisors Ma, Dufty
Resolution declaring October 2004 to be "Domestic Violence Awareness Month" in the City and County of San Francisco.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 041383 [Accept and Expend State Grant] Supervisors Ma, Dufty
Resolution authorizing the Executive Director of the Department of Parking and Traffic and the Director of the Department of Public Works to accept and expend state Transportation Development Act (TDA) Article 3 funds totaling $630,000 for FY 2004-05 for various pedestrian and bicycle projects in the City and County of San Francisco.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 041382 [Supporting San Francisco Board of Supervisors/Clerk of the Board's Telecommute Pilot Project] Supervisors Ma, Gonzalez, Maxwell
Motion supporting the San Francisco Board of Supervisors/Clerk of the Board's Telecommute Pilot Project.
9/28/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

38. 041349 [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.
7/28/2004, 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:_________________________________________

39. 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 22, 2004 to September 27, 2004, for reference by President to appropriate committee on October 5, 2004.

041334 [Extending the annual condominium conversion limitation]
Ordinance amending the San Francisco Subdivision Code section 1396 to extend the annual condominium conversion limitation for two additional years until December 31, 2006, and making environmental findings. (Public Works Department)
9/21/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041335 [Designation of County Surveyor]
Ordinance amending Administrative Code Section 2A.190 and Subdivision Code Section 1307 to designate and distinguish the official titles and duties of City Engineer and County Surveyor and amending Subdivision Code Sections 1310, 1311, 1320, 1324 through 1329, 1340, 1355, 1360 through 1364, and 1397 to reassign responsibilities from the City Engineer to the County Surveyor. (Public Works Department)
9/21/2004, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/4/2004.

041336 [Police alarm ordinance; technical changes to billing and remittance requirements for alarm companies; limiting license fee increases to $5 increments]
Ordinance amending the San Francisco Police Code, by amending Sections 3710.1, 3710.2, 3710.4, and 3720, to: require that alarm companies remit fees collected from customers in a single monthly check; move the billing date for license fees, beginning in 2005, from December 1 to November 1; clarify that the billing and remittance requirements of the Article only apply to those alarm monitoring companies having a direct contractual relationship with the alarm user; clarify that alarm companies shall only be held responsible for the unpaid license fees of their customers where the company has failed to take reasonable steps to collect the fees, and provide a minimum threshold of what constitutes "reasonable steps"; and, limit license fee increases to five-dollar increments. (Emergency Communications Department)
9/23/2004, ASSIGNED UNDER 30 DAY RULE to City Services Committee, expires on 11/5/2004.

041340 [Settlement of Lawsuits - Kevin B. Williams]
Ordinance authorizing settlement of the following lawsuits filed by Kevin B. Williams against the City and County of San Francisco: (1) lawsuit filed on or about December 2000 in United States District Court for the Northern District of California, Case No. C00-4728 SI, entitled Kevin Williams v. City and County of San Francisco, et al.; (2) lawsuit filed on or about December 2003 in San Francisco Superior Court, Case No. 503990, entitled Kevin Williams v. City and County of San Francisco; (3) lawsuit filed on or about September 2002 in San Francisco Superior Court, Case No. 411914; entitled Kevin Williams, on behalf of the City and County of San Francisco and himself v. Tutor Saliba, Inc., et al.; material terms of the settlement are that plaintiff dismisses all lawsuits with prejudice, that plaintiff resigns from City employment and forgoes future City employment, that City pays to plaintiff the amount of $120,000, of which approximately $71,243.68 is intended to make up a retirement account shortfall, and that Federal Magistrate Judge is to decide amount of attorneys' fees and costs, based on motion by plaintiff's attorneys, in an amount not to exceed $280,000. (City Attorney)
9/27/2004, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from September 22, 2004 to September 27, 2004, for reference by President to appropriate committee on October 5, 2004.

041337 [Accept-Expend Federal/State Pass Through Grant]
Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $4,257 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. (Public Library)
9/27/2004, RECEIVED AND ASSIGNED to City Services Committee.

041341 [Accept-Expend Federal Grant]
Resolution authorizing the Department of Child Support Services to accept and expend a grant in the amount of $200,000 from the U.S. Department of Health and Human Services Office of Child Support Enforcement for the Enhanced Parent Involvement Collaboration. (Child Support Services)
9/27/2004, RECEIVED AND ASSIGNED to City Services Committee.

041387 [Petitions and Communications]
Petitions and Communications received from September 21, 2004 through September 27, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 5, 2004.

From Clerk of the Board of Supervisors, reporting the departments and agencies that submitted the Conflict of Interest Code Review Report:
* Landmarks Preservation Advisory Board
* Planning Department
* San Francisco Community College District
* San Francisco County Transportation Authority(1)

From Department of Aging and Adult Services, requesting the release of reserved funds in the amount of $750.000. Copy: Supervisors Sandoval, Daly and McGoldrick(2)

From West of Twin Peaks Central Council, regarding Planning Code Section 312 proposed amendment in Board of Supervisors hearing on September 28, 2004. File No. 040365 Copy: Each Supervisor(3)

From West of Twin Peaks Central Council, regarding proposed housing element amendment to the City's General Plan. File No. 040869 & 404870 Copy: Each Supervisor(4)

From Timothy Pierce, regarding the excessive litters he witnessed on his recent trip to Twin Peaks. Copy: Supervisor Dufty(5)

From Gary Fenske, submitting a copy of the letter he sent to the Mayor regarding the MUNI Citizen's Advisory Board.Copy: Each Supervisor(6)

From Office of the District Attorney, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate to operate the department at the service levels proposed by the Board.(7)

From Department of Children Youth and Their Family, regarding awarding personal services contracts in the next sixty days. Reference No. 20040727-017 (8)

From San Francisco Environment, submitting a report on renewable energy. Reference No. 20040727-012 (9)

From Peter Warfield, submitting letter and article regarding opponents of RFID rally at San Francisco Public Library.(10)

From Department of Public Health, submitting a copy of a letter sent to the San Francisco Redevelopment Agency and Planning Department regarding healthcare impact report.(11)

From Greater West Portal Neighborhood Association and Coalition for San Francisco Neighborhoods, writing to oppose to the Planning Code Section 312 amendment. File No. 040365 Copy: Each Supervisor(12)

From San Francisco Arts Commission, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board.(13)

From LUCE, FORWARD, HAMILTON & SCRIPPS LLP, submitting a letter notifying the Board that the property owner of 2404 Broadway Street does not oppose the appeal hearing to be continued from September 28, 2004 to November 9, 2004. (2 letters) File No. 041199 Copy: Each Supervisor(14)

From Department of Elections, submitting a progress report concerning implementation of ranked-choice voting for the November 2, 2004 election. Copy: Each Supervisor(15)

From Planning Department, submitting a report regarding the Emporium Site Development Project. Reference No. 20040817-005 Copy: Supervisors Peskin, Ammiano(16)

From San Francisco International Airport, responding to the Board's inquiry regarding the type and volume of food and beverage products purchased by the department. Reference No. 20040914-15 Copy: Supervisor Peskin(17)

From Macias Gini & Company, submitting a copy of the City Audit Service Plan prepared by the firm for their audit of the City's basic financial statements for the year ended June 30, 2004. File No. 041267 Copy: Finances & Audit Members(18)

From Mark Hiza, commending Theresa Farina, the Executive Director of the San Francisco Paramedic Organization, for creating a unique and nurturing environment where Emergency Medical Workers can receive the most cutting edge training to enhance their jobs. Copy: Each Supervisor (19)

From Michael Ross, requesting the Board to increase the number of patrols in North Beach. Copy: Supervisor Peskin(20)

From Gabriele Strasser, requesting various supports to the Al-Sabeel, a non-profit California Religious Organization. (21)

From David Buzby, writing in support of off-leash dog walking in the GGNRA. Copy: Each Supervisor(22)

From Taxi Commission, reporting that the department agrees with the funding provided in the recently adopted annual budget.(23)

From Office of the Assessor-Recorder, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board.(24)

From Clerk of the Board of Supervisors, submitting a copy of the letter sent to the Superior Court regarding the 2003-2004 Civil Grant Jury Report. (2 letters) Copy: Each Supervisor(25)

From Human Rights Commission, submitting a Waiver Request Form. (26)

From Office of the City Attorney, regarding recording of the Annual Sunshine & Ethics Laws Training 2004.(27)

From First 5 San Francisco Children and Families Commission, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board.(28)

From Clerk of the Board of Supervisors, reporting that the Mayor's Office has submitted the Conflict of Interest Code Review Report.(29)

From Department of Status of Women, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board. (30)

From Office of the District Attorney, responding to the Board's inquiry regarding the type and volume of food and beverage products purchased by the department. (Reference No. 20040914-019) Copy: Supervisor Peskin(31)

From Laura Boss, urging the Board to draft legislation that will do more to attract jobs and

businesses to San Francisco.(32)

From Planning Department, regarding single and dual screen movie theater demolition moratorium ordinance. File No. 041137 Copy: Supervisors McGoldrick, Peskin and Maxwell (33)

From SF Environment, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board.(34)

From Real Estate Division, reporting that the department does not purchase any food or beverage products. (Reference No. 20040914-044) Copy: Supervisor Peskin(35)

From San Francisco Employees' Retirement System, responding to the Board's inquiry regarding the type and volume of food and beverage products purchased by the department. (Reference No. 20040914-041) Copy: Supervisor Peskin(36)

From San Francisco Voice for Israel, regarding the meeting that will be held at Horace Mann Intermediate School on October 2, 2004 to celebrate the 4th anniversary of the PLOs Intifada against Israel.(37)

From Office of the Sheriff, reporting that the funding provided in the budget for fiscal year 2004-2005 will not be adequate for the department to meet service levels as proposed to the Board. (38)

From Office of the Treasurer/Tax Collector, reporting the Cash Differences and Overages Fund for the period during August 31, 2004.(39)

From Board of Appeals, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board.(40)

From Office of the Controller, submitting report concerning their audit of the revolving fund maintained by the San Francisco Public Utilities Commission.(41)

From Supervisor Matt Gonzalez, submitting a letter resigning from the Association of Bay area Governments.(42)

From Department of Public Works, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board. Copy: Each Supervisor (Reference No. 20040914-062)(43)

From Department of Child Support Services, responding to the San Francisco Civil Grand Jury Report.(44)

From Department of Human Resources, reporting that the department had $3,507 in food expenditures in FY 2003-04.(45)

From San Francisco Public Utilities Commission, requesting to release the reserve on the two SFPUC projects: PUCFMS and PYEAES.(46)

From McCarthy, Johnson & Miller, requesting for a copy of the Board's letter responding to the Report of the 2003-2004 Civil Grand Jury on the Merger of Emergency Medical Services and the San Francisco Fire Department. (47)

From Department of Human Resources, reporting that the funding provided in the budget for fiscal year 2004-2005 is adequate for the department to meet service levels as proposed to the Board.(48)

From Nancy Charraga, concerning the increase in crimes in the Mission District.(49)

From Union Square Business Improvement District, submitting the Union Square BID Report 2004.(50)

From San Francisco War Memorial and Performing Arts Center, reporting that the department does not directly make any purchases of food or beverage products. (Reference No. 20040914-058) Copy: Supervisor Peskin(51)

From Office of the Public Defender, reporting to the Board's inquiry on the type and volume of food and beverage products purchased by the department. (Reference No. 20040914-029) Copy: Supervisor Peskin(52)

From concerned citizens, commenting on the ordinance prohibiting smoking on unenclosed areas of City parks and recreational areas in San Francisco open to the public. (5 letters)Copy: Each Supervisor(53)

From concerned citizens, commenting on the 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. (Approximately 75 letters) Copy: Each Supervisor (54)

From concerned citizen, regarding animal testing at UCSF. (55)

From Tennie Muders, urging the Board to restore $2 million to the Department of Aging and Adult Services.(56)

From San Francisco Airport Commission, regarding on-demand door-to-door van operators. Copy: Each Supervisor(57)

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.
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.
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

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