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, October 18, 2005
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 13

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty

1. 051382 [Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT) - include Entertainment Commission and Emergency Medical Services in review process] Supervisor Daly
Ordinance amending San Francisco Traffic Code Section 800 to include the Entertainment Commission as part of the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT); amending Section 801 to require emergency medical services plans for "major events" and the inclusion of the Director of Emergency Medical Services and Emergency Operations Section (EMSEO) in approval process for major event applications; amending Section 802 to expand definition of "major events" to include street fairs; amending Section 804 to require Clerk of the Board of Supervisors to transmit copies of any legislation approving a temporary street closing for major events to the Director of EMSEO; amending Section 806 to include the Executive Director of the Entertainment Commission in the review process of applications for temporary use of streets for street fairs; amending San Francisco Administrative Code Section 90.4 to require permit applicants for major events to submit an emergency medical services plan to the Entertainment Commission for consideration in the approval of permit applications for major events.

10/11/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Government Audit and Oversight Committee

Present: Supervisors Peskin, Daly

2. 051522 [To de-appropriate current capital project appropriations to reflect updated sources and uses of capital project funding] Mayor
Ordinance de-appropriating $287,977,266 of existing sources and uses authority for various San Francisco International Airport (SFIA) capital project funding to reflect actual sources of funding available to support the Five-Year Capital Plan, Fiscal Year 2004-05 through Fiscal Year 2008-09.

(Fiscal impact.)

10/11/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

3. 051529 [To appropriate capital project funding to reflect updated sources and uses appropriation consistent with the priorities outlined in the San Francisco International Airport's Five-Year Mayor
Ordinance appropriating $243,723,524 in total sources and uses, including the de-appropriation of $125,321,506 in current project funding to use this source for appropriation, as well as appropriating an additional $26,055,079 of available Airport fund balance, $59,588,300 of grant authorization to accept and expend funds from the Federal Aviation Administration for projects related to security, runway and taxiway construction and improvements, $23,182,388 of grant authorization to accept and expend funds from the California Department of Transportation (Caltrans) for viaduct construction, and $9,576,251 in interest income. These various sources and uses are herein appropriated for various San Francisco International Airport (SFIA) capital projects as detailed below to reflect the updated San Francisco International Airport Five-Year Capital Plan, Fiscal Year 2004-05 through Fiscal Year 2008-09. Of the $243,723,524 appropriated, $24,970,000 for the Westfield Cargo Redevelopment project is herein placed on reserve.

(Fiscal impact.)

10/11/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

4. 051248 [Sacramento Street Neighborhood Commercial District - Allowing residential conversion on second and third stories with a conditional use permit] Supervisor Alioto-Pier
Ordinance amending Section 724.1 of the Planning Code to allow, as a conditional use, for conversion of upper floor residential units in the Sacramento Street Neighborhood Commercial District as a conditional use, where: the new use will be an Other Institution, Large, Educational Services use, only one dwelling unit in building will be converted and that unit is the only non-residential use in the building, and no legally residing tenant will be displaced; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

10/11/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

5. 051554 [Abolition of legislated setback for 301-323 14th Avenue] Supervisor McGoldrick
Ordinance amending the San Francisco Planning Code by abolishing the legislated front setback of the southeastern portion of the property located at 301-323 14th Avenue, identified as Assessor's Block No. 1446, Lot No. 054 (formerly Lots 001, 004, 006, 053), as shown on Block Book Map No. 1446 of the City and County of San Francisco, Volume 12; and adopting General Plan, Planning Code Section 101.1(b), and environmental findings. (Planning Department)

10/11/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

6. 051609 [Mortgage Credit Certificates] Supervisors Ma, Elsbernd
Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Mirkarimi, Dufty

7. 051704 [Appointment - Treasury Oversight Committee]
Resolution appointing Scott MacDonald, term ending June 5, 2009, to the Treasury Oversight Committee.

Scott MacDonald, succeeding Leonardo Fermin, resigned, seat 4, must represent the public at large, for the unexpired portion of a four-year term ending June 5, 2009.

Question: Shall this Resolution be ADOPTED?

8. 051705 [Appointment - Bicycle Advisory Committee]
Resolution appointing Frank Chan, term ending November 19, 2006, to the Bicycle Advisory Committee.

Frank Chan, succeeding Dianna Waggoner, seat 3, must be a nominee of District 3 Supervisor. The member shall serve a two-year term or for the tenure of the supervisor who nominated the member, whichever is shorter in duration, for the unexpired portion of a two-year term ending November 19, 2006.

Question: Shall this Resolution be ADOPTED?

9. 051706 [Appointment - Graffiti Advisory Board]
Resolution appointing Milo Hanke, term indefinite, to the Graffiti Advisory Board.

Milo Hanke, succeeding Julie Viera, resigned, seat 4, must represent a nonprofit organization who provides services related to the City's beautification and neighborhood cleanup programs, for an indefinite term.

Question: Shall this Resolution be ADOPTED?

10. 051709 [Appointment - Community Choice Aggregation Citizens Advisory Task Force]
Resolution appointing Maurice Campbell, term ending May 31, 2006, to the Community Choice Aggregation Citizens Advisory Task Force.

Maurice Campbell, new appointment, seat 3, must be an environmental justice advocate currently residing in the southeast sector of San Francisco, for the unexpired portion of a two-year term ending May 31, 2006.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Mirkarimi, Dufty, Peskin

11. 051707 [Appointment - Local Homeless Coordinating Board]
Resolution appointing Laura Guzman, L.S. Wilson, Jr., Barbara Blong and Rev. Harry Chuck, for a term to be determined, to the Local Homeless Coordinating Board, residency requirement waived.

Laura Guzman (residency waiver required), new appointment, seat 1, must be a member of the disabled community, for a term to be determined.

L.S. Wilson, Jr., new appointment, seat 2, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for a term to be determined.

Barbara Blong, new appointment, seat 3, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for a term to be determined.

Rev. Harry Chuck, new appointment, seat 4, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for a term to be determined.

Question: Shall this Resolution be ADOPTED?

12. 051708 [Appointment - Shelter Monitoring Committee]
Resolution appointing Maxine Pauson and Dorothy Harris, terms ending November 23, 2006, to the Shelter Monitoring Committee.

Maxine Pauson, succeeding Bruce Allison, resigned, seat 1, must be homeless or formerly homeless, for the unexpired portion of a two-year term ending November 23, 2006.

Dorothy Harris, succeeding Jesus Medellin, resigned, seat 6, must be selected from a list of candidates that are nominated by non-profit agencies that provide advocacy or organizing services to homeless people, for the unexpired portion of a two-year term ending November 23, 2006.

Question: Shall this Resolution be ADOPTED?

13. 051592 [Appointment - Pedestrian Safety Advisory Committee]
Resolution appointing Anna Zacher, Pi Ra, Aileen Carrigan, terms ending March 28, 2007, and Anwar Mai, term ending March 28, 2006, to the Pedestrian Safety Advisory Committee.

Anna Zacher, succeeding Susan Vaughn, term expired, seat 2, must be a representative from a pedestrian safety organization, for the unexpired portion of a two-year term ending March 28, 2007.

Pi Ra, succeeding himself, term expired, seat 6, must be a representative from bicycle or other non-motorized wheeled personal transport organization, for the unexpired portion of a two-year term ending March 28, 2007.

Aileen Carrigan, succeeding Ed Franklin, term expired, seat 10, must represent the public at-large, for the unexpired portion of a two-year term ending March 28, 2007.

Anwar Mai, succeeding Sharon Priest, resigned, seat 11, must represent the public at-large, for the unexpired portion of a two-year term ending March 28, 2006.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty

14. 050253 [Proposition 65 Ordinance - Safe Drinking Water and Toxic Enforcement Act of 1986] Supervisor Mirkarimi
Ordinance amending the San Francisco Health Code by adding Section 456.6, to require the Department of Public Health to Enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and its implementing regulations with respect to foods which are subject to a state or federal Department of Health and Human Services, Food and Drug Administration, or Environmental Protection Agency safety advisory where said advisory is regarding a substance included on the Proposition 65 list issued by the State of California Environmental Protection Agency and to require certain food establishments to provide Proposition 65 warnings in English, Spanish, and Chinese.

10/11/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

10/11/2005, CONTINUED. Continued as amended to October 18, 2005

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors McGoldrick, Dufty, Ma

15. 051458 [Public Works Code - landmark trees and penalties for violations] Supervisor McGoldrick
Ordinance amending the Public Works Code by amending Section 802 to modify various definitions; amending Sections 802, 806, and 809 to redefine nuisance trees as hazard trees; amending Sections 802 and 803 authorizing the Urban Forestry Council to succeed to the powers and duties of the Tree Advisory Board; amending Sections 804, 807, 808, and 810 concerning landmark trees and procedures to designate, nominate, and remove landmark trees; amending Section 811 to create civil penalties and fines and to modify provisions on administrative penalties; and making environmental findings.

9/27/2005, CONTINUED. Continued to October 11, 2005

10/11/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

10/11/2005, CONTINUED. Continued as amended to October 18, 2005

Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendations of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

16. 050883 [Designating a sole source contractor for the art elements of the 24th and York Mini Park] Supervisor Ammiano
Ordinance designating Precita Eyes Muralists as the sole source contractor for the art elements of the 24th and York Mini Park and waiving the competitive procurement requirements of San Francisco Administrative Code Chapter 6 for these services.

Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 051250 [Medical cannabis guidelines and medical cannabis dispensary zoning and permitting] Supervisor Mirkarimi
Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house and residential-mixed zoning districts; prohibit new medical cannabis dispensaries in neighborhood commercial cluster (NC-1) districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to schools, community centers, and facilities providing substance abuse services that are licensed or certified by the State of California or funded by the Department of Public Health; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require dispensaries operating as of April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or must cease operations; require dispensaries beginning operation after April 1, 2005 but before the effective date of this legislation to cease operations; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan;
Amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical cannabis possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations;
Amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and,
Amending the San Francisco Business and Tax Regulations Code by amending Section 1 to add Section 1.177 to authorize the Department of Health to issue medical cannabis dispensary permits.

(Fiscal impact.)
(Supervisor Elsbernd dissented in Committee.)

9/27/2005, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Rules Committee

Present: Supervisors Mirkarimi, Dufty, Peskin

18. 050867 [San Francisco Community Health Joint Powers Authority Conflict of Interest Code] Supervisor Ammiano
Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by adding section 3.1-417 to create a conflict of interest code for the San Francisco Community Health Joint Powers Authority.

Question: Shall this Ordinance be PASSED ON FIRST READING?

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.

19. 051627 [Public Hearing - Appeal of Categorical Exemption for 1070 Sanchez Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated March 28, 2005 (Case No. 2004.0810E), exempting from environmental review the proposal to demolish an existing, two-story, single-family structure, and construct in its place a four-story, two unit building. The existing building is about 29-feet-tall and contains approximately 950 gross square feet (gsf), with two bedrooms, and two independently accessible parking spaces. The new building would be about 40 feet tall, four-stories, about 4,934, gsf of space, containing two dwelling units (with three bedrooms each), and two, independently accessible parking spaces. The net change in gross square footage for the site would be an increase of about 3,984 gsf; there would be no net change in number of parking spaces. According to the project sponsor, there is a 9-inch diameter camellia, a 23-inch hemlock and an unidentified 33-inch tree on site. The camellia and hemlock would be removed and the 33-inch tree would remain with the project. According to the Historical Resource Evaluation Report, the structure was likely constructed in 1887, as the water records show a hookup date of August 26, 1887. The building is not included in any survey or inventory, and has been determined not to be an historical resource under CEQA.

The approximately 2,539 sq. ft. project site is located at 1070 Sanchez Street, west side of Sanchez Street, between Elizabeth Street and 24th Street, in the Noe Valley neighborhood of San Francisco; Lot 3 in Assessor's Block 3654 in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District. (Appellant: Tracey Hughes)

(Filed 9/23/05; companion measure to Files 051628, 051629, 051630; District 2.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption from environmental review 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 approved.)

20. 051628 [Affirming the categorical exemption issued for 1070 Sanchez Street]
Motion affirming the determination by the Planning Department that the 1070 Sanchez Street project is categorically exempt from environmental review under the California Environmental Quality Act.

Question: Shall this Motion be ADOPTED?

21. 051629 [Disapproving the categorical exemption issued for 1070 Sanchez Street]
Motion disapproving the determination by the Planning Department that the 1070 Sanchez Street project is categorically exempt from environmental review under the California Environmental Quality Act.

Question: Shall this Motion be ADOPTED?

22. 051630 [Preparation of findings related to the categorical exemption issued for 1070 Sanchez Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1070 Sanchez Street project is categorically exempt from environmental review under the California Environmental Quality Act.

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

From the Budget and Finance Committee

The following items will be considered by the Budget and Finance Committee at a Regular Meeting on Thursday, October 13, 2005 at 1:00 p.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, October 18, 2005.

23. 051747 [Setting a permit application fee and an annual license fee for medical cannabis dispensaries] Supervisor Mirkarimi
Ordinance amending the San Francisco Health Code to add Section 3204 setting an application fee for a medical cannabis dispensary permit and amending the Business and Tax Regulations Code to add Section 249.17 to provide for an annual license fee for permitted medical cannabis dispensaries.

Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 051636 [Expend Federal Funding - Community Development Block Grant] Supervisors Ammiano, Maxwell
Resolution approving the expenditure of One Million Six Hundred Eleven Thousand Seven Hundred and Seventy-eight Dollars ($1,611,778) of Community Development Block Grant Funds.

Question: Shall this Resolution be ADOPTED?

From the Government Audit and Oversight Committee

The following items will be considered by the Government Audit and Oversight Committee at a Special Meeting on Monday, October 17, 2005 at 1:00 p.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, October 18, 2005.

25. 051603 [Port of San Francisco Proposed Piers 27-31 Mixed Use Recreation Project Fiscal Feasibility]
Resolution adopting findings that the proposed Piers 27-31 Mixed Use Recreation Project is fiscally feasible and responsible under Administrative Code Chapter 29. (Port)

Question: Shall this Resolution be ADOPTED?

26. 051674 [Settlement of Lawsuit - CCSF et al., v. Myers Natoma Venture, et al.] Mayor, Supervisor Daly
Ordinance authorizing settlement of the eminent domain action filed by the City and County of San Francisco against Myers Natoma Venture, LLC, filed on October 8, 2004 in San Francisco Superior Court, No. 04-435-334; entitled City and County of San Francisco, et al., v. Myers Natoma Venture, LLC, et al.; and authorizing settlement of the lawsuit filed by Myers Natoma Venture and Myers Development Company against the City and County of San Francisco, the Transbay Joint Powers Authority, and the Peninsula Corridor Joint Powers Board, filed on July 16, 2004 in San Francisco Superior Court, No. 04-504-363, entitled Myers Natoma Development, et al., v. City and County of San Francisco, et al., for fifty-eight million dollars ($58,000,000) payable by the Transbay Joint Powers Authority with funding from the San Francisco County Transportation Authority and the Metropolitan Transportation Commission; other material terms of said settlement are that the City and County of San Francisco and the Metropolitan Transportation Commission are to take title to 80 Natoma Street if the Transbay Terminal Project fails to meet deadlines in the Cooperative Agreement for commencement of terminal operations, Myers waives any right to refile claims related to the June 2004 suspension of its permit for 80 Natoma, as well as the terms and conditions as provided in Exhibit A.

Question: Shall this Ordinance be PASSED ON FIRST READING?

CLOSED SESSION

CONFERENCE WITH THE CITY ATTORNEY

27. 051702 [Closed Session - Existing Litigation City as Plaintiff and Defendant]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding proposed settlements in the following pending litigation in which, in sum, the City and County moved for eminent domain to obtain property located at 80 Natoma Street in San Francisco, near the site of the Transbay Terminal, and the property owner(s) have filed related litigation against the City.

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending litigation listed below.

City and County of San Francisco, et al., v. Myers Natoma Venture, LLC, et al., S. F. Superior Court No. 04-435-334 (filed October 8, 2004)
Myers Natoma Development, et al., v. City and County of San Francisco, et al., S. F. Superior Court No. 04-504-363 (filed July 16, 2004) (City Attorney)

Question: Shall this Motion be ADOPTED?

After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above.

28. ROLL CALL FOR INTRODUCTIONS

Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

29. PUBLIC COMMENT

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

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 30 through 44

30. 051687 [Contracting Out City Services - D.A. Victim Witness Program] Supervisor Ammiano
Resolution concurring with the Controller's certification that assistance to certain victims of crime and education in community anti-street violence can be practically performed for the District Attorney's Victim Witness Assistance Program by a private contract at a cost of $145,751, a lower cost than similar work services performed by City and County employees.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 051688 [Treasure Island Development Authority] Supervisor Daly
Resolution urging the Treasure Island Community Developers (TICD) to pay $1.8 million to the Treasure Island Development Authority (TIDA) pursuant to the original Exclusive Negotiating Agreement (ENA), and for TIDA to immediately address the quality of life concerns of residents at Treasure Island.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 051689 [Commending Lawrence D. Laterza] Supervisor Dufty
Resolution commending Lawrence D. Laterza for his career as a Licensed Clinical Social Worker in the City and County of San Francisco.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 051690 [Opposition to Proposition 74, "Put The Kids First Act"] Supervisors Dufty, Ammiano, Ma
Resolution opposing Proposition 74, "Put The Kids First Act," on the November 8, 2005 special ballot election.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 051691 [Opposition to Proposition 75, the "Paycheck Deception Act"] Supervisors Dufty, Ammiano, Ma
Resolution strongly opposing Proposition 75, the "Paycheck Deception Act" on the November 8, 2005 special ballot election.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 051692 [Duplication of Health Benefits to City-Employed Spouses and Partners] Supervisor Elsbernd
Resolution urging the Health Service Board to adopt a rule change that will eliminate the duplication of health benefits to City-employed spouses and partners.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 051693 [Oil Drilling Activities] Supervisor Ma
Resolution urging Venoco Inc. and other petroleum and energy interests to not increase their oil drilling activities off the California coast by resuming drilling from Platform Grace, or other expansions, and to issue a public statement confirming this action.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 051694 [Opposing Proposition 73, the "Parental Notification and Child Protection Act"] Supervisor Maxwell
Resolution opposing Proposition 73, otherwise known as the "Parental Notification and Child Protection Act."

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 051695 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ) - $100,000] Supervisor Maxwell
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $100,000 from the Office of Justice Programs (OJP), Department of Justice for the purpose of supporting activities to reduce the number of violent and drug-related crimes in the designated Weed and Seed area within the Bayview Hunters Point neighborhood.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 051696 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ) - $653,368] Supervisor Maxwell
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $653,368 from the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), Department of Justice for the purpose of supporting activities to reduce the drug problem and violent activity associated with drug activity in San Francisco.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 051697 [Zoning - Extension of Planning Commission Review Period - Better Neighborhood Planning] Supervisor McGoldrick
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Administrative Code to add Chapter 36 to establish uniform procedures for developing comprehensive neighborhood plans (the "Better Neighborhoods Planning and Implementation Process"); to Administrative Code Section 3.4 to provide for integrated Better Neighborhoods Plan budget documents, and to amend the Planning Code to add Section 312A regarding discretionary review for projects proposed in Better Neighborhoods Plan areas.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 051698 [Commending Webzine 2005] Supervisor Mirkarimi
Resolution commending Webzine 2005, for promoting independent online publishing.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 051699 [Authorizing the Sheriff Department to execute contracts with the State] Supervisor Mirkarimi
Resolution authorizing the Sheriff Department to execute contracts with the California Department of Corrections and Rehabilitation (CDCR) for the care and confinement of inmates/parolees while pending probable cause determination, revocation of parole or being returned to custody.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 051700 [Accept and Expend Grant Lead Safe for Kid's Sake Award of Excellence - Fiscal Year 2005-2006; Lead Program at the Mayor's Office of Housing] Supervisor Peskin
Resolution authorizing the Mayor through the Mayor's Office of Housing to accept and expend a grant of $175,000.00 from the United States Conference of Mayors for outreach, education and testing related to lead hazards in housing in the City and County of San Francisco.

10/11/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

44. 051701 [Condemning William Bennett for his racist comments] Supervisor Sandoval
Resolution condemning former Education Secretary William Bennett 's racist and inflammatory comments on his syndicated radio talk show suggesting that the abortion of African American babies would reduce the country's crime rate.

10/11/2005, 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:_________________________________________

45. IMPERATIVE AGENDA

Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from October 4, 2005 through October 7, 2005, for reference by President to appropriate committee on October 18, 2005.

There were none.

PROPOSED RESOLUTIONS

Proposed resolutions received from October 4, 2005 through October 7, 2005, for reference by President to appropriate committee on October 18, 2005.

PROPOSED MOTIONS

There were none.

051750 [Petition and Communications]
Petitions and Communications received from October 4, 2005 through
October 7, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 18, 2005.

From concerned citizens, submitting support for the request made by Guide Dogs for the Blind and others to enforce leash laws at the Golden Gate National Recreation Area. Received 553 letters. (1)

From Public Library, submitting Efficiency Plan for fiscal year 2005/06.(2)

From concerned citizens, submitting support for passage of proposed legislation that would require food establishments selling fresh and canned fish to provide Proposition 65 warning labels in English, Spanish and Chinese. File 050253, Copy: City Operations Committee members. Received 9 letters.(3)

From Kevin Binkert, owner of Standard Metal Products is interested and capable in solving the fire hydrant adapter issue the city is facing. Copy: Fire Department(4)

From State Office of Emergency Services, submitting copy of letter sent to the Director of Emergency Services, notifying her of approval of grant application in the amount of $125,217.(5)

From concerned citizens, submitting support for proposed Home Depot store on Bayshore Boulevard. File No. 051446, Copy: Each Supervisor(6)

From Commission on the Environment, submitting support for proposed legislation regarding "Payroll Expense Tax Exclusion for Qualified Renewable Energy Business" that amends the Payroll Expense Tax Ordinance to establish a tax-exclusion for qualified renewable energy businesses and requesting that all efforts will be made to have a first-source hiring policy. File No. 050922, Copy: Each Supervisor(7)

From Budget Analyst, regarding scheduling of management audit of the Emergency Communications Department.(8)

From US Congressman Tom Lantos, submitting support for proposed legislation calling for the belated provision of full veteran's rights to the Filipino servicemen of World War II who fought in that terrible conflict on behalf of the United States. File No. 051371, Copy: Each Supervisor(9)

From Office of the Treasurer/Tax Collector, submitting the Cash difference and Overage Fund balance and activities reported for the period ending September 30, 2005.(10)

From Department of Parking and Traffic, reporting that the repainting of faded crosswalks at the intersection of Hayes and Shrader Streets will be done as soon as scheduling allows. (Reference No. 20050913-003) Copy: Supervisor Mirkarimi(11)

From Department of Parking and Traffic, regarding review of the faded morning rush hour tow-away lane on Oak Street between Baker and Laguna Streets. (Reference No. 20050906-004) Copy: Supervisor Mirkarimi(12)

From West of Twin Peaks Central Council, submitting request for extension of proposed legislation regarding the Better Neighborhoods Planning and Implementation Process. File No. 050601, Copy: Each Supervisor(13)

From Kevin Ward, submitting opposition to the current development plans of Mills Corporation for Piers 27-31. File No. 051603, Copy: Each Supervisor(14)

From Office of the Treasurer/Tax Collector, submitting the annual report of businesses that filed for biotechnology exclusion for the 2004 calendar year.(15)

From Jim Gibson, regarding his disappointment in the current level of MUNI service over the last week.(16)

From Jim Wong, submitting opposition to closing two of the three lanes on Sunset Boulevard in both directions to traffic flow to accommodate shuttle buses for the PGA Tournament.(17)

From San Francisco Redevelopment Agency, submitting its financial and performance reports for the quarter ended June 30, 2005. Copy: Supervisors Mirkarimi and Elsbernd. (18)

From Planning Department, submitting response to inquiry regarding federal monies for earthquake-related assistance. (Reference No. 20050920-018) Copy: Supervisors Peskin, Ma, and Mirkarimi. (19)

From Michelle Foy, submitting support for the legislation urging the Civil Service Commission and the Department of Human Resources to review and revise current policies and procedures where appropriate so that people who have been in prison or convicted of criminal activity are not unreasonably denied City employment. File No. 051638, Copy: Each Supervisor (20)

From Lew Houden, submitting opposition for the legislation urging the Civil Service Commission and the Department of Human Resources to review and revise current policies and procedures where appropriate so that people who have been in prison or convicted of criminal activity are not unreasonably denied City employment. File No. 051638, Copy: Each Supervisor (21)

From Municipal Transportation Agency, submitting Interim Report on Octavia Blvd. File No. 051619, Copy: Each Supervisor (22)

From Office of the Controller, Financial Audits Division, submitting report concerning the Review of the Performing Arts Garage's Revenue Parking System. (23)

From Office of the Controller, Financial Audits Division, submitting report concerning the Review of CPA's Audits of Clear Channel Airports. (24)

From concerned citizens, expressing concerns regarding the noise and disruption the Blue Angels caused flying over the City. Received 3 letters. (25)

From concerned citizens, urging the Board of Supervisors to do what it can to help Susan Cervantes from being evicted from her rented family home of 35 years, located at 398 Precita Avenue. Received 2 letters. (26)

From Ken Broussard, expressing concern about how the City is paying the salaries of the head of the SF Deputy Sheriff's Association and the SF Police Officers Association. (27)

From Steven Solomon, urging the Board of Supervisors to enact a Community Choice Energy plan. File No. 051417, Copy: Each Supervisor. (28)

From Matthew Chambers, submitting support of bicycle lanes on 14th Street between Dolores and Market. Copy: Each Supervisor. (29)

From Karen Mokrzycki, submitting support for the Mayor's interest in the possibility of free or cheap WiFi access for the City. (30)

From concerned citizen, submitting a copy of e-mail that was sent to R. Spray and E. Warshauer regarding patients assaulting staff at SFGH Psychiatric Unit. (31)

From Michael Crandell, submitting letter regarding the disappearance of the 2005 Health Service System open enrollment mailing debacle report. Copy: Each Supervisor. (32)

From James Galgano, seeking assistance from the Board of Supervisors with a list of concerns and incidents that have occurred at Dr. Martin Luther King Jr. Academic Middle School. (33)

From James Lamb, opposing the various proposals to regulate the sales of specific types of alcoholic beverages in his neighborhood. Copy: Supervisor Daly. (34)

From Amy Chen, requesting the Board of Supervisors to investigate the lack of English signs and menus in stores and restaurants for non-asian people living in the City. Copy: Supervisor Ma. (35)

From Susan Rio, opposing the construction of the Plaza Apartment on 6th & Howard Streets due to the proximity to Bessie Carmichael Elementary School. (36)

From Tracey Hughes, requesting a continuance of the hearing on the categorical exemption for project located at 1070 Sanchez Street that is scheduled for October 18, 2005. Copy: Supervisor Dufty. (37)

From Joseph Kubik, expressing opposition to newly considered strict gun control ordinances. Copy: Each Supervisor. (38)

From Janet Lawson, regarding Supervisor Daly allegedly accusing Pat Murphy, the founder of the San Francisco Sentinel, of running an online political action committee. (39)

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 decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. The Sunshine 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 Frank Darby Jr. by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102 by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

Lobbyist Registration and Reporting Requirements

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

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 Operations and Neighborhood Services Committee






		Present: Supervisors McGoldrick, Dufty

1.	051382	[Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT) - include Entertainment Commission and Emergency Medical Services in review process]	Supervisor Daly
		Ordinance amending San Francisco Traffic Code Section 800 to include the Entertainment Commission as part of the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT); amending Section 801 to require emergency medical services plans for "major events" and the inclusion of the Director of Emergency Medical Services and Emergency Operations Section (EMSEO) in approval process for major event applications; amending Section 802 to expand definition of "major events" to include street fairs; amending Section 804 to require Clerk of the Board of Supervisors to transmit copies of any legislation approving a temporary street closing for major events to the Director of EMSEO; amending Section 806 to include the Executive Director of the Entertainment Commission in the review process of applications for temporary use of streets for street fairs; amending San Francisco Administrative Code Section 90.4 to require permit applicants for major events to submit an emergency medical services plan to the Entertainment Commission for consideration in the approval of permit applications for major events.


		10/11/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Government Audit and Oversight Committee






		Present: Supervisors Peskin, Daly

2.	051522	[To de-appropriate current capital project appropriations to reflect updated sources and uses of capital project funding]	Mayor
		Ordinance de-appropriating $287,977,266 of existing sources and uses authority for various San Francisco International Airport (SFIA) capital project funding to reflect actual sources of funding available to support the Five-Year Capital Plan, Fiscal Year 2004-05 through Fiscal Year 2008-09.

		(Fiscal impact.)
		10/11/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	051529	[To appropriate capital project funding to reflect updated sources and uses appropriation consistent with the priorities outlined in the San Francisco International Airport's Five-Year	Mayor
		Ordinance appropriating $243,723,524 in total sources and uses, including the de-appropriation of $125,321,506 in current project funding to use this source for appropriation, as well as appropriating an additional $26,055,079 of available Airport fund balance, $59,588,300 of grant authorization to accept and expend funds from the Federal Aviation Administration for projects related to security, runway and taxiway construction and improvements, $23,182,388 of grant authorization to accept and expend funds from the California Department of Transportation (Caltrans) for viaduct construction, and $9,576,251 in interest income. These various sources and uses are herein appropriated for various San Francisco International Airport (SFIA) capital projects as detailed below to reflect the updated San Francisco International Airport Five-Year Capital Plan, Fiscal Year 2004-05 through Fiscal Year 2008-09. Of the $243,723,524 appropriated, $24,970,000 for the Westfield Cargo Redevelopment project is herein placed on reserve.

		(Fiscal impact.)
		10/11/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use Committee






		Present: Supervisors Maxwell, Sandoval, McGoldrick

4.	051248	[Sacramento Street Neighborhood Commercial District - Allowing residential conversion on second and third stories with a conditional use permit]	Supervisor Alioto-Pier
		Ordinance amending Section 724.1 of the Planning Code to allow, as a conditional use, for conversion of upper floor residential units in the Sacramento Street Neighborhood Commercial District as a conditional use, where: the new use will be an Other Institution, Large, Educational Services use, only one dwelling unit in building will be converted and that unit is the only non-residential use in the building, and no legally residing tenant will be displaced; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.


		10/11/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

5.	051554	[Abolition of legislated setback for 301-323 14th Avenue]	Supervisor McGoldrick
		Ordinance amending the San Francisco Planning Code by abolishing the legislated front setback of the southeastern portion of the property located at 301-323 14th Avenue, identified as Assessor's Block No. 1446, Lot No. 054 (formerly Lots 001, 004, 006, 053), as shown on Block Book Map No. 1446 of the City and County of San Francisco, Volume 12; and adopting General Plan, Planning Code Section 101.1(b), and environmental findings. (Planning Department)


		10/11/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Budget and Finance Committee






		Present: Supervisors Ammiano, Mirkarimi, Elsbernd

6.	051609	[Mortgage Credit Certificates]	Supervisors Ma, Elsbernd
		Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates.



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee




		Present: Supervisors Mirkarimi, Dufty

7.	051704	[Appointment - Treasury Oversight Committee]
		Resolution appointing Scott MacDonald, term ending June 5, 2009, to the Treasury Oversight Committee.

		Scott MacDonald, succeeding Leonardo Fermin, resigned, seat 4, must represent the public at large, for the unexpired portion of a four-year term ending June 5, 2009.

		Question: Shall this Resolution be ADOPTED?

8.	051705	[Appointment - Bicycle Advisory Committee]
		Resolution appointing Frank Chan, term ending November 19, 2006, to the Bicycle Advisory Committee.

		Frank Chan, succeeding Dianna Waggoner, seat 3, must be a nominee of District 3 Supervisor. The member shall serve a two-year term or for the tenure of the supervisor who nominated the member, whichever is shorter in duration, for the unexpired portion of a two-year term ending November 19, 2006.

		Question: Shall this Resolution be ADOPTED?

9.	051706	[Appointment - Graffiti Advisory Board]
		Resolution appointing Milo Hanke, term indefinite, to the Graffiti Advisory Board.

		Milo Hanke, succeeding Julie Viera, resigned, seat 4, must represent a nonprofit organization who provides services related to the City's beautification and neighborhood cleanup programs, for an indefinite term.

		Question: Shall this Resolution be ADOPTED?

10.	051709	[Appointment - Community Choice Aggregation Citizens Advisory Task Force]
		Resolution appointing Maurice Campbell, term ending May 31, 2006, to the Community Choice Aggregation Citizens Advisory Task Force.

		Maurice Campbell, new appointment, seat 3, must be an environmental justice advocate currently residing in the southeast sector of San Francisco, for the unexpired portion of a two-year term ending May 31, 2006.

		Question: Shall this Resolution be ADOPTED?

11.	051707	[Appointment - Local Homeless Coordinating Board]
		Resolution appointing Laura Guzman, L.S. Wilson, Jr., Barbara Blong and Rev. Harry Chuck, for a term to be determined, to the Local Homeless Coordinating Board, residency requirement waived.

		Laura Guzman (residency waiver required), new appointment, seat 1, must be a member of the disabled community, for a term to be determined. L.S. Wilson, Jr., new appointment, seat 2, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for a term to be determined. Barbara Blong, new appointment, seat 3, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for a term to be determined. Rev. Harry Chuck, new appointment, seat 4, must be a representative of homeless or formerly homeless, community and advocacy organizations, service-provider agencies, business and corporate sectors or the foundation community, for a term to be determined.

		Question: Shall this Resolution be ADOPTED?

12.	051708	[Appointment - Shelter Monitoring Committee]
		Resolution appointing Maxine Pauson and Dorothy Harris, terms ending November 23, 2006, to the Shelter Monitoring Committee.

		Maxine Pauson, succeeding Bruce Allison, resigned, seat 1, must be homeless or formerly homeless, for the unexpired portion of a two-year term ending November 23, 2006. Dorothy Harris, succeeding Jesus Medellin, resigned, seat 6, must be selected from a list of candidates that are nominated by non-profit agencies that provide advocacy or organizing services to homeless people, for the unexpired portion of a two-year term ending November 23, 2006.

		Question: Shall this Resolution be ADOPTED?

13.	051592	[Appointment - Pedestrian Safety Advisory Committee]
		Resolution appointing Anna Zacher, Pi Ra, Aileen Carrigan, terms ending March 28, 2007, and Anwar Mai, term ending March 28, 2006, to the Pedestrian Safety Advisory Committee.

		Anna Zacher, succeeding Susan Vaughn, term expired, seat 2, must be a representative from a pedestrian safety organization, for the unexpired portion of a two-year term ending March 28, 2007. Pi Ra, succeeding himself, term expired, seat 6, must be a representative from bicycle or other non-motorized wheeled personal transport organization, for the unexpired portion of a two-year term ending March 28, 2007. Aileen Carrigan, succeeding Ed Franklin, term expired, seat 10, must represent the public at-large, for the unexpired portion of a two-year term ending March 28, 2007. Anwar Mai, succeeding Sharon Priest, resigned, seat 11, must represent the public at-large, for the unexpired portion of a two-year term ending March 28, 2006.

		Question: Shall this Resolution be ADOPTED?






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

14.	050253	[Proposition 65 Ordinance - Safe Drinking Water and Toxic Enforcement Act of 1986]	Supervisor Mirkarimi
		Ordinance amending the San Francisco Health Code by adding Section 456.6, to require the Department of Public Health to Enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and its implementing regulations with respect to foods which are subject to a state or federal Department of Health and Human Services, Food and Drug Administration, or Environmental Protection Agency safety advisory where said advisory is regarding a substance included on the Proposition 65 list issued by the State of California Environmental Protection Agency and to require certain food establishments to provide Proposition 65 warnings in English, Spanish, and Chinese.


		10/11/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		10/11/2005, CONTINUED. Continued as amended to October 18, 2005


		Question: Shall this Ordinance be PASSED ON FIRST READING?

15.	051458	[Public Works Code - landmark trees and penalties for violations]	Supervisor McGoldrick
		Ordinance amending the Public Works Code by amending Section 802 to modify various definitions; amending Sections 802, 806, and 809 to redefine nuisance trees as hazard trees; amending Sections 802 and 803 authorizing the Urban Forestry Council to succeed to the powers and duties of the Tree Advisory Board; amending Sections 804, 807, 808, and 810 concerning landmark trees and procedures to designate, nominate, and remove landmark trees; amending Section 811 to create civil penalties and fines and to modify provisions on administrative penalties; and making environmental findings.


		9/27/2005, CONTINUED. Continued to October 11, 2005

		10/11/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		10/11/2005, CONTINUED. Continued as amended to October 18, 2005


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendations of the Budget and Finance Committee






		Present: Supervisors Ammiano, Mirkarimi, Elsbernd

16.	050883	[Designating a sole source contractor for the art elements of the 24th and York Mini Park]	Supervisor Ammiano
		Ordinance designating Precita Eyes Muralists as the sole source contractor for the art elements of the 24th and York Mini Park and waiving the competitive procurement requirements of San Francisco Administrative Code Chapter 6 for these services.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

17.	051250	[Medical cannabis guidelines and medical cannabis dispensary zoning and permitting]	Supervisor Mirkarimi
		Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house and residential-mixed zoning districts; prohibit new medical cannabis dispensaries in neighborhood commercial cluster (NC-1) districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to schools, community centers, and facilities providing substance abuse services that are licensed or certified by the State of California or funded by the Department of Public Health; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require dispensaries operating as of April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or must cease operations; require dispensaries beginning operation after April 1, 2005 but before the effective date of this legislation to cease operations; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan; Amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical cannabis possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations; Amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and, Amending the San Francisco Business and Tax Regulations Code by amending Section 1 to add Section 1.177 to authorize the Department of Health to issue medical cannabis dispensary permits.

		(Fiscal impact.) (Supervisor Elsbernd dissented in Committee.)
		9/27/2005, SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendation of the Rules Committee




		Present: Supervisors Mirkarimi, Dufty, Peskin

18.	050867	[San Francisco Community Health Joint Powers Authority Conflict of Interest Code]	Supervisor Ammiano
		Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by adding section 3.1-417 to create a conflict of interest code for the San Francisco Community Health Joint Powers Authority.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	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.

19.	051627	[Public Hearing - Appeal of Categorical Exemption for 1070 Sanchez Street]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated March 28, 2005 (Case No. 2004.0810E), exempting from environmental review the proposal to demolish an existing, two-story, single-family structure, and construct in its place a four-story, two unit building. The existing building is about 29-feet-tall and contains approximately 950 gross square feet (gsf), with two bedrooms, and two independently accessible parking spaces. The new building would be about 40 feet tall, four-stories, about 4,934, gsf of space, containing two dwelling units (with three bedrooms each), and two, independently accessible parking spaces. The net change in gross square footage for the site would be an increase of about 3,984 gsf; there would be no net change in number of parking spaces. According to the project sponsor, there is a 9-inch diameter camellia, a 23-inch hemlock and an unidentified 33-inch tree on site. The camellia and hemlock would be removed and the 33-inch tree would remain with the project. According to the Historical Resource Evaluation Report, the structure was likely constructed in 1887, as the water records show a hookup date of August 26, 1887. The building is not included in any survey or inventory, and has been determined not to be an historical resource under CEQA. The approximately 2,539 sq. ft. project site is located at 1070 Sanchez Street, west side of Sanchez Street, between Elizabeth Street and 24th Street, in the Noe Valley neighborhood of San Francisco; Lot 3 in Assessor's Block 3654 in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District. (Appellant: Tracey Hughes)

		(Filed 9/23/05; companion measure to Files 051628, 051629, 051630; District 2.)

		Action:___________________________