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 19, 2004
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

Motion to approve the Meeting Minutes of September 21, 2004 and September 28, 2004.

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 10

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma, Elsbernd

1. 041098 [Accept-Expend Federal Grant] Supervisors Ma, Dufty
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $339,964 from the United States Department of Justice, Violence Against Women Office for Safe Havens. (Department of Children, Youth & Their Families)

Question: Shall this Resolution be ADOPTED?

2. 041337 [Accept-Expend Federal/State Pass Through Grant] Supervisor Dufty
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)

Question: Shall this Resolution be ADOPTED?

3. 041236 [Liquor License, 580 Sutter Street]
Resolution determining that the transfer of a Type 48 on-sale general public premises license from One Sansome Street to 580 Sutter Street (District 6) to Clint Worden for Plan B. Bar Inc. will serve the convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.

Question: Shall this Resolution be ADOPTED?

Recommendation of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

4. 041246 [Approval to Negotiate Prices for Construction Trade Packages for the Laguna Honda Hospital Replacement Program] Supervisors Elsbernd, Ammiano
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.)

10/5/2004, PASSED ON FIRST READING. Supervisor Ammiano requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use Committee

Present: Supervisors McGoldrick, Peskin, Maxwell

5. 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.

10/5/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier

6. 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)

10/5/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 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)

10/5/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

8. 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)

10/5/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

9. 041282 [Settlement of Unlitigated Claim - National Airlines] Mayor
Ordinance approving settlement of an unlitigated claim by the City and County of San Francisco, acting by and through its Airport Commission (the "Airport"), against National Airlines ("National") by approving a Settlement Agreement pursuant to which National will pay to the Airport $12,374.23.

Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 041342 [Settlement of Lawsuit - Apartment Investment and Management Company, aka AIMCO, et al.]
Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against AIMCO and seven of its corporate affiliates, filed on January 30, 2002 in San Francisco Superior Court, Case No. GCG 02-404-010, entitled City and County of San Francisco, et al., v. Apartment Investment and Management Company, aka AIMCO, et al., relating to code violations at four apartment buildings in Bayview/Hunters Point, and a cross-complaint against the City and certain individual employees filed on January 28, 2003; the settlement provides for payment to the City of a total of $3,000,000 plus an additional contingent payment of $500,000; $1,000,000 of the $3,000,000 payment from AIMCO will be dedicated to improving public safety in the area through helping establish a new Hunters Point/Bayview S.F. Boys and Girls Club with an associated Police Department Office; the settlement also provides that AIMCO has abated or will abate all notices of violation issued by the Department of Building Inspection that were the subject of the lawsuit; and approving satisfaction of DBI fees for AIMCO's proposed renovation of the Properties, through AIMCO's payment of settlement funds to the City. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation 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 Supervisors McGoldrick, Elsbernd
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.)

10/5/2004, CONTINUED. Continued to October 19, 2004 Supervisor Elsbernd requested to be added as a co-sponsor.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

12. 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.

10/5/2004, CONTINUED. Continued October 19, 2004

Question: Shall this Motion be ADOPTED?

From the Rules Committee Without Recommendation

Present: Supervisors Maxwell, Alioto-Pier

13. 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.

10/5/2004, CONTINUED. Continued to October 19, 2004

Question: Shall this Motion be ADOPTED?

NEW BUSINESS

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma, Elsbernd

14. 031932 [Restricting the sale or transfer of 50 caliber firearms and ammunition, requiring reporting of firearm thefts, and deleting obsolete provisions regulating firearms] Supervisors Gonzalez, Dufty
Ordinance amending the Police Code by deleting Sections 552, 556 and 557, relating to possession of firearms by minors and possession of facsimile firearms in order to conform to state law, amending Section 602 to delete redundant provisions and provisions relating to air guns in order to conform to state law; amending Sections 613.1, 613.10 and 613.10-1 to delete requirements relating to "Saturday Night Specials," restrictions on the sale of large capacity magazines and various other requirements relating to firearms dealers in order to conform to state law and add new requirements in Section 613.10-1 to restrict the sale or transfer of 50 caliber firearms and ammunition; amending Sections 613.2 and 613.3 to require the Chief of Police to conduct a background check on applicants for a firearms dealer license and such applicants' employees; amending Sections 613, 613.10-3, 613.12, 613.16, 613.19, 617 and 618 to make technical and conforming corrections; amending Section 613.10-2, restricting the sale of ultracompact firearms to update findings and exceptions to restrictions on sales, deleting Sections 614 through 616, relating to reporting of firearms sales by dealers in order to conform to state law, renumbering existing Sections 617 and 618 as Sections 614 and 615; and adding a new Section 616, requiring owners of firearms to report the loss or theft of a firearm to the Police Department.

7/13/2004, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

9/21/2004, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 041148 [Dance and Place of Entertainment Permits-security requirements, increased penalty for violation] Supervisors Maxwell, Dufty, Alioto-Pier, Ma
Ordinance amending San Francisco Police Code Sec. 1022 to define "security plan"; amending Police Code Sec. 1023 to require applicants for dance permits to have a security plan, and to require owners or managers of places that are rented to persons planning to use the facility for a dance to inform such persons that a permit is required for such activity; amending Police Code Sec. 1027 to make the violation of Secs. 1023 through 1026 an infraction or a misdemeanor, to increase the maximum penalty for violation thereof to $1000, and subject to revocation of the permit; amending Police Code Sec. 1060 to define "security plan"; amending Police Code Sec. 1060.5 to revise determination of application criteria to require a security plan; amending Police Code Sec. 1060.25 to increase the maximum penalty for violation of Article 15.1 to an infraction or a misdemeanor, to increase the maximum penalty for violation thereof to $1000, and subject to revocation of the permit; adding Police Code Sec. 1060.29 to require one night event permits for one night events; and amending Police Code Sec. 2.26 to include one night events under the schedule of permits and filing fees.

Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 041150 [Revising graffiti clean-up requirements for property owners and revising enforcement and abatement procedures where property owners fail to remove graffiti] Supervisors Elsbernd, Dufty, Ma, Alioto-Pier
Ordinance amending Article 23 of the San Francisco Public Works Code by (1) amending Sections 1301 through 1304, deleting existing Section 1305, amending and retaining part of existing Section 1306 as renumbered Section 1305, and amending and placing part of existing Section 1306 in new Section 1306, to require that property owners either remove graffiti from their property or request a hearing within 30 days of receiving a notice of violation, clarify and streamline review procedures for graffiti violations, and authorize special assessments to recover graffiti removal costs; and (2) making technical corrections to Sections 1307 and 1308.

Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 041178 [Declaring blighted vacant lots to be a nuisance and authorizing DPW to abate such nuisances at the owners' expense following notice and opportunity for hearing] Supervisors Elsbernd, Dufty, Ma
Ordinance amending Article 15 of the Public Works Code by adding Sections 735 through 735.4 to declare blighted vacant lots a public nuisance, require owners to abate such nuisances and authorize DPW to abate such nuisances at the owners' expense following written notice from DPW and the opportunity for a hearing.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Ammiano

18. 041245 [To substitute funds in General Fund for parking tax revenue currently appropriated to programs for Senior Citizens] Mayor, Supervisors Ma, Dufty, Elsbernd, Ammiano, Alioto-Pier, Peskin, Maxwell
Ordinance substituting $10,710,000 of parking tax revenue currently appropriated to programs for senior citizens with $10,710,000 of General Fund for fiscal year 2004-05, as part of the September 9, 2004 state Court of Appeals ruling in the case City & County of San Francisco vs. Flying Dutchman Park, Inc.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 041309 [Public Employment - DPH, OES, Fire, Police, Sheriff, and Port] Supervisor Ma
Ordinance amending Ordinance No. 198-04 (Annual Salary Ordinance 2004/2005) to reflect the creation of forty-two positions and the deletion of six positions in the following departments: Public Health, Office of Emergency Services, Fire, Police, Sheriff, and Port.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 041313 [Payment of Reward - Jane Doe] Mayor
Ordinance authorizing payment of a $12,500.00 reward to Jane Doe for supplying information leading to the arrest and conviction of the perpetrators who murdered Shayne Worcester.

Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 041314 [Payment of Reward to three John Does] Mayor
Ordinance authorizing payment of a $10,000.00 reward to be split amongst three John Does for supplying information leading to the arrest and conviction of the perpetrator responsible for the death of Parrish Wingard.

Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 041319 [Sewer Service Utility Contract] Supervisor Alioto-Pier
Resolution authorizing the San Francisco Public Utilities Commission General Manager to execute the First Amendment to the Sewer Service Utility Contract (No. 1443CX061094018) with The Presidio Trust for the purpose of extending the existing contract term by six (6) months through March 30, 2005.

(Fiscal impact.)

9/28/2004, REFERRED to Finance and Audits Committee. Supervisor Daly requested that this matter be referred to Committee.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

23. 040988 [Prohibiting contractors from disclosing private information about individuals obtained from the City and County without written approval or authorization by law] Supervisors McGoldrick, Peskin, Maxwell, Ammiano, Gonzalez, Alioto-Pier
Ordinance amending the San Francisco Administrative Code by adding a new Chapter 12M to prohibit contractors from disclosing to any person or entity private information about individuals obtained from the City and County in the performance of the contract unless the contract authorizes the disclosure, the contractor first obtains the written approval of the contracting department, or the disclosure is authorized or required by law.

Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 040989 [Granting a bid preference of twenty percent to each contractor who will perform all services to be required by a contract in the United States of America] Supervisors McGoldrick, Alioto-Pier, Daly
Ordinance amending the San Francisco Administrative Code by adding a new Chapter 12I to grant a bid preference of twenty percent to each contractor who will perform all services to be required by a contract in the United States of America.

Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 041213 [Appointment - Board of Appeals]
Motion approving the Mayor's appointment of Frank Fung to the Board of Appeals for the term ending July 1, 2008. (Mayor)

(Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 041214.)
Transmittal date - August 24, 2004.

Question: Shall this Motion be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

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

26. 041275 [Public Hearing - Appeal of Revised Certificate of Determination of Exemption from Environmental Review - American Buddhist Cultural Society Building located at 1730-1750 Van Ness Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 13, 2004, Case No. 2003.0657E, approving the proposed project to include: a renovation and vertical addition to the existing one-story-plus-mezzanine American Buddhist Cultural Society building; an expanded second level and construction of third and fourth levels for a total of four stories and a total height of approximately 70 feet; and add approximately 16,798 gross square feet (gsf) to the existing building for a total square footage of 27,758 gsf, located at 1730-1750 Van Ness Avenue, Assessor's Block 0622, Lot 019. (Appellant: 1776 Sacramento Street Homeowners Association, represented by the Law Offices of Stephen M. Williams).

(Filed September 9, 2004; companion measure to Files 041276, 041277, 041278; District 3.)

Action:___________________________

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

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

27. 041276 [Affirming the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion affirming the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

28. 041277 [Disapproving the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion disapproving the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

29. 041278 [Preparation of findings related to the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

30. ROLL CALL FOR INTRODUCTIONS

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

31. PUBLIC COMMENT

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

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST

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

32. 041403 [Legislative Analyst Request - Public Defibrillators and Public Siting] Supervisor Daly
Motion requesting an examination of the City's current policy on siting defibrillators in public buildings and an analysis of what other cities have done on this topic.

Question: Shall this Motion be ADOPTED?

33. 041404 [Legislative Analyst Request - Limited Equity Conversion (File No. 032031)] Supervisor Daly
Motion requesting the Legislative Analyst to analyze the impact of the entire legislation on the City's rental housing stock, vacancy rate, and low and high income renters. The Legislative Analyst is requested to have the report ready by November 10, 2004.

Question: Shall this Motion be ADOPTED?

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 34 through 54

34. 041405 [Binational Health Week] Supervisor Ammiano
Resolution declaring October 11 to 18, 2004 as Binational Health Week and urges the people of San Francisco County to join the people of Mexico and all Californians of Mexican origin in observing and participating Binational Health Week.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 041406 [Family Economic Self Sufficiency] Supervisor Ammiano
Resolution adopting "Family Economic Self Sufficiency" as a goal toward which the City and County will strive to achieve and will make concerted efforts to move families out of poverty towards economic self-sufficiency through legislation initiative, budgetary planning decisions and executive policy directives.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

10/7/2004, REFERRED TO DEPARTMENT. Referred to Youth Commission for comment and recommendation.

Question: Shall this Resolution be ADOPTED?

36. 041407 [Supporting the Emergency Medical Care Initiative] Supervisors Ammiano, Maxwell, McGoldrick, Dufty, Alioto-Pier, Daly
Resolution supporting the passage of Proposition 67, the Emergency Medical Care Initiative on the 2004 November ballot.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 041408 [Rejecting the issuance of a conditional waiver to San Francisco Cycling, LLC] Supervisor Daly
Resolution rejecting the conditional waiver for the cost of police services provided to San Francisco Cycling, LLC for the 2004 T-Mobile International Bike Race and for the upcoming 2005, 2006 and 2007 T-Mobile International Bike Race.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 041409 [Honoring the Jewish Community Relations Council] Supervisors Dufty, Peskin, Ma, Alioto-Pier
Resolution honoring the Jewish Community Relations Council.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 041410 [Commending Debra Lehane] Supervisor Dufty
Resolution commending Debra Lehane on the occasion of her retirement.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 041411 [Supporting applications for the State funding of the Museum of the African Diaspora] Supervisors Dufty, Maxwell, Ma, Alioto-Pier
Resolution urging support for the Museum of the African Diaspora by the California Cultural and Historical Endowment.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 041412 [Commending the Golden Gate Business Association] Supervisors Dufty, Ammiano
Resolution commending the Golden Gate Business Association, on the occasion of their 30th anniversary.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 041413 [Recognizing October 26, 2004 as the first annual Intersex Awareness Day] Supervisors Dufty, Ammiano
Resolution recognizing October 26, 2004 as the first annual Intersex Awareness Day.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 041414 [Supporting the California Cultural and Historical Endowment grant applications of the Recreation and Park Department] Supervisors Elsbernd, Dufty
Resolution supporting the California Cultural and Historical Endowment grant applications to the California State Library Department in order to provide for funding for Sunnyside Conservatory Renovation, Harvey Milk Performing Arts Center, 24th and York Mini Park.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

44. 041415 [Commending Shirley Wysinger] Supervisor Gonzalez
Resolution expressing appreciation to Shirley R. Wysinger for 30 years of dedicated public service on the occasion of her retirement from the Redevelopment Agency of the City and County of San Francisco.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

45. 041416 [Angel Island Immigration Station Restoration and Preservation Act] Supervisors Ma, Maxwell, Dufty, Alioto-Pier
Resolution urging the San Francisco Congressional delegation to support the Angel Island Immigration Station Restoration and Preservation Act.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

46. 041417 [Breast Cancer Awareness Month] Supervisors Ma, Maxwell, Alioto-Pier, Dufty
Resolution declaring October 2004 to be "Breast Cancer Awareness Month" in the City and County of San Francisco.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

47. 041418 [San Francisco African American Historical & Cultural Society] Supervisor Maxwell
Resolution recognizing and commending the San Francisco African American Historical & Cultural Society for their dedication and commitment to contributing to the development and growth of San Francisco's African American community.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

48. 041419 [Honoring Raoul Wallenberg] Supervisors Peskin, Dufty
Resolution proclaiming Raoul Wallenberg to be an honorary citizen of the City and County of San Francisco.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

49. 041420 [Fair Labor Contract] Supervisors Peskin, Sandoval, McGoldrick, Gonzalez, Maxwell, Daly, Ammiano, Alioto-Pier, Ma, Elsbernd, Dufty
Resolution urging residential building employers to negotiate a fair contract that enables residential workers to meet the rising cost of living and maintains their access to affordable health care for themselves and their families.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

50. 041421 [Supporting Bringing America Home Act (H.R. 2897)] Supervisor Peskin
Resolution supporting the Bringing America Home Act (H.R. 2897), currently pending in the 108th Congress, and urging its passage by the United States Congress.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

51. 041422 [Commending Deputy City Attorney David Fernando Campos Miyares] Supervisor Peskin
Resolution commending David Fernando Campos Miyares for more than five years of exemplary public service to San Francisco as a Deputy City Attorney on the Litigation Team, the Government Team and the Energy and Telecommunications Team of the City Attorney's Office, and wishing him well in his future endeavors as General Counsel for the San Francisco Unified School District.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

52. 041423 [Gift Acceptance] Mayor
Resolution accepting a gift in the amount of $25,000 from breretonArchitects, Inc. and authorizing its expenditure to develop supportive housing for seniors.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

53. 041390 [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.

10/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

54. 041436 [Emergency Declaration Concurrence]
Emergency Declaration Concurrence
Motion concurring in the October 12, 2004 Declaration of the Existence of a Local Emergency for Limited Purposes by the Mayor, and in the actions taken to meet the emergency. (Mayor)

10/13/2004, 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:_________________________________________

55. 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 28, 2004 through October 8, 2004, for reference by President to appropriate committee on October 19, 2004.

041388 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Turlock Irrigation District for Declaratory and Injunctive Relief to Validate Termination of Long-Term Power Sales Agreement; the City and County of San Francisco filed the lawsuit on August 13, 2001 in San Francisco Superior Court (San Francisco Superior Court Case No. 323717). (City Attorney)

10/7/2004, RECEIVED AND ASSIGNED to Rules Committee.

041427 [Settlement of Lawsuit]
Ordinance authorizing settlement of claims made by James Armstrong in a multi-party action against the City and County of San Francisco for $50,000.00, placement in Step 3 of current 5173 classification, and payment of the difference between the Step 3 pay rate and the pay rate actually received by James Armstrong retroactive to April 26, 2003; the lawsuit was filed on July 9, 2001 in United States District Court, Northern District, Case No. C01-2611; entitled Armstrong, et al., v. City and County of San Francisco, et al. (City Attorney)

10/8/2004, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from September 28, 2004 through October 8, 2004, for reference by President to appropriate committee on October 19, 2004.

041338 [Settlement of Claim - Shon Escamillo]
Resolution Approving the settlement of unlitigated claim of Shon Escamillo against San Francisco for $29,000; claims was filed on June 24, 2003. (City Attorney)

9/30/2004, RECEIVED AND ASSIGNED to Rules Committee.

041339 [Settlement of Claim - Narvette Lewis Deshay]
Resolution approving the settlement of the unlitigated claim filed by Narvette Lewis Deshay against San Francisco for $100,000; claim was filed on October 20, 2003. (City Attorney)

9/30/2004, RECEIVED AND ASSIGNED to Rules Committee.

041344 [Develop and implement an automated immunization and reminder system in San Francisco, as part of a statewide system]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend grant funds in the amount of $31,686 from the California Department of Health Services (CDHS) to enable San Francisco to participate in an automated statewide immunization information system and to enter into an agreement for the use of these funds; for the period of July 1, 2004, to June 30, 2005. (Public Health Department)

9/30/2004, RECEIVED AND ASSIGNED to City Services Committee.

10/8/2004, REFERRED TO DEPARTMENT. Referred to Youth Commission for comment and recommendation.

041345 [Expand treatment capacity for homeless addicts in San Francisco through residential treatment and service coordination and add two positions]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $499,999 for the third year of a three year grant from the Substance Abuse and Mental Health Services Administration (SAMHSA) for the homeless addict vocational and educational network (HAVEN), to enter into an agreement for the use of these funds, and to add two new positions not included in the original grant; for the period of September 30, 2004 to September 29, 2005. (Public Health Department)

9/30/2004, RECEIVED AND ASSIGNED to City Services Committee.

10/4/2004, REFERRED TO DEPARTMENT. Referred to Youth Commission for comment and recommendation.

041346 [State grant to expand homeless services to the mentally ill]
Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services (SFDPH, CBHS) to accept retroactively and expend a grant in the amount of $423,964 from the California Department of Mental Health (CDMH) to expand homeless services to the mentally ill; for the period of July 1, 2004, to June 30, 2005.

9/30/2004, RECEIVED AND ASSIGNED to City Services Committee.

10/4/2004, REFERRED TO DEPARTMENT. Referred to Youth Commission for comment and recommendation.

041369 [FY 2004-05 California Constitution Appropriations Limit]
Resolution establishing the appropriations limit for Fiscal Year 2004-05 pursuant to California Constitution Article XIII B. (Controller)

9/29/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041385 [Street Encroachment at 199 Geary Street / Security Pacific Place]
Resolution granting revocable permission to CHH Realty, Inc. c/o Neiman Marcus to occupy a portion of the public right-of-way located on Security Pacific Place, off O'Farrell Street between Stockton Street and Grant Avenue, to construct and maintain a service ramp/driveway, to access and connect to a loading dock at the rear frontage of the Neiman Marcus store at 199 Geary Street (Block 0313, Lot 018) and making findings of consistency with the priority policies of Planning Code Section 101.1. (Public Works Department)

10/5/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041386 [Encroachment Permit Fiber Optic lines along Spear Street for The Gap]
Resolution granting revocable permission to The Gap to occupy a portion of the public right-of-way to construct, install and maintain new conduits, manholes and fiber optic lines on Spear Street to interconnect buildings at #2 Folsom Street (Block 3741, Lot 035), 345 Spear Street (Block 3744, Lot 003) and #1 Harrison Street (Block 3769, Lot 002A); assessing an annual rental cost for said the encroachment; and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. (Public Works Department)

10/5/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041389 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Baker and Broadway, making this intersection an All-Way STOP;

19th and York Streets, stopping 19th Street at York Street, making this intersection an All-Way STOP;

Douglass and Jersey Streets, stopping Jersey Street at Douglass Street, stopping the stem of this uncontrolled T-intersection;

24th Street at Treat Avenue, stopping 24th Street at Treat Avenue, making this intersection an All-Way STOP; and

17th Avenue and Moraga Street, stopping 17th Avenue at Moraga Street, making this intersection an All-Way STOP. (Parking and Traffic Department)

(10/6/04: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2887.)

10/7/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041424 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

ONE-WAY STREET - ESTABLISH
16th Avenue, northbound, between Rivera and Santiago Streets. (Parking and Traffic Department)

(10/6/04: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2887.)

10/7/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041425 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
21st Avenue, both sides, between Ocean Avenue and Sloat Boulevard (2900 block); and
Sloat Boulevard, south side, between 20th and 21st Avenues (400 block).

RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
21st Street, both sides, between Dolores and Guerrero Streets (3400 block).

RESIDENTIAL PERMIT PARKING AREA "U" (2--HOUR TIME LIMIT, 8 AM - 10 PM, EVERYDAY) - ESTABLISH
248-254 Ritch Street, west side, between Brannan and Bryant Streets (adds even addresses only, no permit parking signs will be posted on this block).

PARKING METER AREA NO. 3 (9 AM - 6PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Bacon Street, north side, from San Bruno Avenue to 135 feet easterly.

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
Bacon Street, north side, from 125 to 135 feet east of San Bruno Avenue.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Plum Street, north side, from Mission Street to 31 feet easterly (31-foot zone, accommodating 5 motorcycle parking spaces). (Parking and Traffic Department)

10/7/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041428 [Agreement to sell real property related to the former Central Freeway parcels located on Elm Street near Gough Street]
Resolution approving and authorizing agreement for the sale by the City, at fair market value, of certain real property known generally as a portion of Lot 23, Assessor's Block 761 to the San Francisco Federal Credit Union; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's general plan and eight priority policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents and take certain actions in furtherance of this resolution. (Real Estate Department)

10/8/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041434 [Report of assessment costs for sidewalk and curb repairs]
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department)

(DPW Order No. 175,026; Locations: 1990 California Street; 1306 Clayton Street.)

10/8/2004, ASSIGNED to Board of Supervisors.

041445 [Petitions and Communications]
Petitions and Communications received from September 28, 2004 through October 8, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 19, 2004.

From Office of the Controller, submitting status report on the audit of the San Francisco Neighbors Resources Center.(1)

From Office of the Public Defender, responding to inquiry regarding how the proposed FY 2004-05 budget will affect its ability to implement the Equal Access to Services ordinance. (Reference No. 20040427-014) Copy: Supervisors Ma, Dufty(2)

From Fire Department, commenting that the Department has no objections to the change of name of "Jasper Alley" in North Beach.(3)

From Community United Against Violence, submitting notice of celebration to honor the legacy of Mayor Moscone and Supervisor Milk on November 4, 2004, from 6:30 to 9 p.m. at the War Memorial Veterans Building at Van Ness and McAllister.(4)

From Supervisor Peskin, submitting his resignation as an alternate member of the San Francisco Local Area Formation Committee.(5)

From concerned citizens, requesting proposed legislation regarding the Housing Element amendment be Called Out of Committee and be placed on the Board Agenda.File 040869(6)

From Marilyn Amini, urging Supervisor Elsbernd to request a written opinion from the City Attorney on the matter of timely action for the record on the "Housing Element".(7)

From Office of the Mayor, submitting notice directing Department Heads, General Managers and Commissioners of City Government which interact with the film industry and/or Film Commission to comply with the Film Commission.(8)

From Office of the Treasurer/Tax Collector, submitting report on the Cash Differences and Overages Fund for the period ending September 30, 2004.(9)

From Clerk of the Board, submitting list of City departments and agencies that submitted the Conflict of Interest Code Review Report:(10)
Office of Emergency Services
Arts Commission
Public Utilities Commission

From Building Inspection Commission, submitting decision on appeal of Ash and Rajiv Gujiral, owners of property located at 1863 Lombard Street.(11)

From Coalition for San Francisco Neighborhoods, requesting support for the re-appointment of Michael Antonini to the Planning Commission. File 041220(12)

From Budget Analyst, submitting activity status report for the quarter ending September 30, 2004.(13)

From Department of Telecommunications and Information Services, submitting notice that the Department does not have any city contracts that involve any work that is performed outside the United States. (Reference No. 20040727-030) Copy: Supervisor McGoldrick(14)

From Fine Arts Museums of San Francisco, submitting press release regarding the Legion of Honor Calendar of Exhibitions and Events, including Art Education programs at the de Young Museum.(15)

From Office of the Treasurer, submitting the investment activity (for fiscal year to date) of the portfolios under management.(16)

From Civil Service Commission, submitting the prevailing wage certification legislation.(17)

From the Department of Human Resources, submitting report on the classification audit process for the Management Classification and Compensation Plan, and the Tripartite Settlement Quarterly Report. File 021078, Copy: Each Supervisor(18)

From concerned citizens, submitting opposition to any proposed housing developments built too close to the Transbay Terminal. (19)

From concerned citizens, urging the Board to draft legislation that will do more to attract jobs and businesses to San Francisco. Approximately 10 letters(20)

From concerned citizens, urging the Board to show support for the "Care Not Cash" program.Approximately 100 letters(21)

From Office of the Controller, submitting report concerning the audit of Episcopal Community Services of San Francisco, Inc. and its compliance with the City and County of San Francisco ordinance prohibiting the use of city funds for political activity.(22)

From Department of Public Works, submitting approval of request for a Minor Sidewalk Encroachment Permit for 3016 Pine Street.(23)

From Department of Public Works, submitting request for release of reserved funds ($300,000) for Youth Employment programs in the fiscal year budget.(24)

From Peter Glikshtern, submitting request for a new type 48 liquor license to cover the expansion of the Pink Lounge located at 2925 16th Street.(25)

From Department of Public Works, submitting request for release of reserved funds ($512,644) for salaries and benefits for six months for six administrative positions pending information regarding hiring of interpreters for the San Francisco General Hospital Interpreter Services Department.(26)

From various signators, submitting Form 700 Statement of Economic Interests.
William Barnes III, Legislative Assistant to Supervisor Chris Daly(27)

From Office of the Sheriff, submitting response to the 2003-04 Civil Grand Jury Report entitled "Incarceration and Beyond:" Where do we go from here?(28)

From various City Departments, responding to inquiry regarding types of food or beverage products purchased by City Departments: (29)
Board of Appeals (Reference No. 20040914-047)
Controller (Reference No. 20040914-030)
Department of Child Support Services (Reference No. 20040914-022)
Department of Building Inspection (Reference No. 20040914-013)
Emergency Communications Department (Reference No. 20040914-018)
Department of Elections (Reference No. 20040914-045)
Redevelopment Agency (Reference No. 20040914-057)
Office of the Mayor (Reference No. 20040914-024)
Police Department (Reference No. 20040914-055)

From Office of the Mayor, submitting notice that the Mayor's Office has offered a conditional waiver to San Francisco Cycling, LLC for the cost of police services provided to the 2004, 2005, 2006 and 2007 T-Mobile International Bike Race.(30)

From the Redevelopment Agency, submitting a copy of "Sixty-Two Pioneers of the Western Addition" an Agency-sponsored publication, which honors the individuals who made significant contributions to the community and are now memorialized in the Gene Suttle Plaza, located at O'Farrell and Fillmore Streets.(31)

From Kass McMahon Kelly, submitting appeal of the General Rule Exclusion for property located at 4001 Mission Street.(32)

From Office of the Controller, submitting reports concerning the concession audits of Franciscan Restaurant and the Franciscan Restaurant Parking Lot.(33)

From Ryan Tate, regarding the high price (fees) restaurants must pay when they provide sidewalk dining particularly in the North Beach area of San Francisco. Copy: Supervisor Peskin(34)

From Fire Department, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet service levels as proposed by the Board.(35)

From Department of Building Inspection, submitting notice that funding provided in the budget for fiscal year 2004-05 as adopted by the Board of Supervisors is adequate for the department to meet, to the best of its ability, the reduced service levels as proposed by the Board.(36)

From Richard Tretten, urging the Board to vote against the 80 Natoma Street parcel (Transbay Terminal) that will affect building the Caltrain's Downtown extension.(37)

From Joe Marx, submitting opposition to proposal demanding the resignation of Police Commissioner Peter Keane.(38)

From Office of the Controller, submitting resolution establishing the City's annual appropriations limit for fiscal year 2004-05. Copy: Each Supervisor(39)

From concerned citizens, commenting on posed amendment to Planning Code Section 312 that requires the Planning Department mail notices to all San Francisco neighborhood organizations that are registered to receive notices from the Planning Department.File 040365(40)

From Office of the Controller, submitting follow up on audit recommendations in report entitled" Homeless Services," the lack of commonly accepted goals and an effective plan for its homeless services.(41)

From Dan Mauer, submitting notice of appointment of Julie Mark, Recreation and Park Department, Capital Division as the new liaison for the Park, Recreation and Open Space Advisory Committee.Copy: Each Supervisor(42)

From Rent Board, submitting notice that funding in the budget is adequate for the operations of the Department for fiscal year 2004-05.(43)

From Public Utilities Commission, submitting request for waiver of Administrative Code Section 12B and 12C for Standard & Poor's Commercial Paper Program - Water Series (a blank purchase order) for $20,000.(44)

From S.F. Unified School District, submitting support for Proposition 67, the Emergency Medical Care Initiative. Copy: Each Supervisor(45)

From PG&E, submitting report listing names and addresses of the delinquent transportation customers and the franchise fee surcharge billed two months prior to the 90-day limit.(46)

Number not used.(47)

From Public Utilities Commission, submitting request for release of reserved funds ($695,651) for the Youth Employment and Environment Services Project.(48)

From concerned citizens, commenting on proposed resolution mandating that SF Weekly and Comic Strip writer, Dan Siegler, issue a apology for the comic strip "Help take back the Mission District" written on September 15, 2004. Copy: Each Supervisor(49)

From concerned citizens, commenting on the noise made by some hotel strikers in San Francisco.2 letters(50)

From Union Square Business Improvement District, submitting the Union Square BID Report 2004.(51)

From Presidio Trust, submitting opposition to proposed resolution to close the 14th and 15th Avenue Gates to the Presidio. File 041269, Copy: Supervisors McGoldrick, Alioto-Pier(52)

From Abdalla Megahed, regarding the Community Awareness and Treatment Services, Inc. statement of activities for fiscal year ending June 2003.(53)

From Jeff Vogel, submitting opposition to the City and County of San Francisco using Horace Mann middle school for a terror supporting conference.(54)

From Kim-Shree Maufas, commenting on the new MOU between the Board of Education and the Police Department's School Resource Officer Program. Copy: Each Supervisor(55)

From Office of the Controller, submitting report concerning the concession audit of Scoma's Restaurant, Inc. (56)

From Office of the Controller, submitting report concerning the concession audit of Fog City Diner.(57)

From the San Francisco Asthma Task Force, submitting report entitled "Strategic Plan on Asthma for the City and County of San Francisco" June 2003.(58)

From the Redevelopment Agency, submitting financial and performance reports for the quarter ended June 30, 2004.(59)

ADJOURNMENT

Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

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.
� For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
� For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

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

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES






		Motion to approve the Meeting Minutes of September 21, 2004 and September 28, 2004.

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the City Services Committee






		Present: Supervisors Dufty, Ma, Elsbernd

1.	041098	[Accept-Expend Federal Grant]	Supervisors Ma, Dufty
		Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $339,964 from the United States Department of Justice, Violence Against Women Office for Safe Havens. (Department of Children, Youth & Their Families)



		Question: Shall this Resolution be ADOPTED?

2.	041337	[Accept-Expend Federal/State Pass Through Grant]	Supervisor Dufty
		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)



		Question: Shall this Resolution be ADOPTED?

3.	041236	[Liquor License, 580 Sutter Street]
		Resolution determining that the transfer of a Type 48 on-sale general public premises license from One Sansome Street to 580 Sutter Street (District 6) to Clint Worden for Plan B. Bar Inc. will serve the convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Finance and Audits Committee




		Present: Supervisors Daly, Peskin, Ammiano

4.	041246	[Approval to Negotiate Prices for Construction Trade Packages for the Laguna Honda Hospital Replacement Program]	Supervisors Elsbernd, Ammiano
		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.)
		10/5/2004, PASSED ON FIRST READING. Supervisor Ammiano requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use Committee






		Present: Supervisors McGoldrick, Peskin, Maxwell

5.	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.

		10/5/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Maxwell, Alioto-Pier

6.	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)


		10/5/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

7.	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)


		10/5/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	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)


		10/5/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	041282	[Settlement of Unlitigated Claim - National Airlines]	Mayor
		Ordinance approving settlement of an unlitigated claim by the City and County of San Francisco, acting by and through its Airport Commission (the "Airport"), against National Airlines ("National") by approving a Settlement Agreement pursuant to which National will pay to the Airport $12,374.23.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

10.	041342	[Settlement of Lawsuit - Apartment Investment and Management Company, aka AIMCO, et al.]
		Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against AIMCO and seven of its corporate affiliates, filed on January 30, 2002 in San Francisco Superior Court, Case No. GCG 02-404-010, entitled City and County of San Francisco, et al., v. Apartment Investment and Management Company, aka AIMCO, et al., relating to code violations at four apartment buildings in Bayview/Hunters Point, and a cross-complaint against the City and certain individual employees filed on January 28, 2003; the settlement provides for payment to the City of a total of $3,000,000 plus an additional contingent payment of $500,000; $1,000,000 of the $3,000,000 payment from AIMCO will be dedicated to improving public safety in the area through helping establish a new Hunters Point/Bayview S.F. Boys and Girls Club with an associated Police Department Office; the settlement also provides that AIMCO has abated or will abate all notices of violation issued by the Department of Building Inspection that were the subject of the lawsuit; and approving satisfaction of DBI fees for AIMCO's proposed renovation of the Properties, through AIMCO's payment of settlement funds to the City. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?






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

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	Supervisors McGoldrick, Elsbernd
		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.)
		10/5/2004, CONTINUED. Continued to October 19, 2004 Supervisor Elsbernd requested to be added as a co-sponsor.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendation of the Rules Committee






		Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

12.	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.
		10/5/2004, CONTINUED. Continued October 19, 2004


		Question: Shall this Motion be ADOPTED?

	From the Rules Committee Without Recommendation






		Present: Supervisors Maxwell, Alioto-Pier

13.	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.
		10/5/2004, CONTINUED. Continued to October 19, 2004


		Question: Shall this Motion be ADOPTED?

14.	031932	[Restricting the sale or transfer of 50 caliber firearms and ammunition, requiring reporting of firearm thefts, and deleting obsolete provisions regulating firearms]	Supervisors Gonzalez, Dufty
		Ordinance amending the Police Code by deleting Sections 552, 556 and 557, relating to possession of firearms by minors and possession of facsimile firearms in order to conform to state law, amending Section 602 to delete redundant provisions and provisions relating to air guns in order to conform to state law; amending Sections 613.1, 613.10 and 613.10-1 to delete requirements relating to "Saturday Night Specials," restrictions on the sale of large capacity magazines and various other requirements relating to firearms dealers in order to conform to state law and add new requirements in Section 613.10-1 to restrict the sale or transfer of 50 caliber firearms and ammunition; amending Sections 613.2 and 613.3 to require the Chief of Police to conduct a background check on applicants for a firearms dealer license and such applicants' employees; amending Sections 613, 613.10-3, 613.12, 613.16, 613.19, 617 and 618 to make technical and conforming corrections; amending Section 613.10-2, restricting the sale of ultracompact firearms to update findings and exceptions to restrictions on sales, deleting Sections 614 through 616, relating to reporting of firearms sales by dealers in order to conform to state law, renumbering existing Sections 617 and 618 as Sections 614 and 615; and adding a new Section 616, requiring owners of firearms to report the loss or theft of a firearm to the Police Department.


		7/13/2004, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

		9/21/2004, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

15.	041148	[Dance and Place of Entertainment Permits-security requirements, increased penalty for violation]	Supervisors Maxwell, Dufty, Alioto-Pier, Ma
		Ordinance amending San Francisco Police Code Sec. 1022 to define "security plan"; amending Police Code Sec. 1023 to require applicants for dance permits to have a security plan, and to require owners or managers of places that are rented to persons planning to use the facility for a dance to inform such persons that a permit is required for such activity; amending Police Code Sec. 1027 to make the violation of Secs. 1023 through 1026 an infraction or a misdemeanor, to increase the maximum penalty for violation thereof to $1000, and subject to revocation of the permit; amending Police Code Sec. 1060 to define "security plan"; amending Police Code Sec. 1060.5 to revise determination of application criteria to require a security plan; amending Police Code Sec. 1060.25 to increase the maximum penalty for violation of Article 15.1 to an infraction or a misdemeanor, to increase the maximum penalty for violation thereof to $1000, and subject to revocation of the permit; adding Police Code Sec. 1060.29 to require one night event permits for one night events; and amending Police Code Sec. 2.26 to include one night events under the schedule of permits and filing fees.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

16.	041150	[Revising graffiti clean-up requirements for property owners and revising enforcement and abatement procedures where property owners fail to remove graffiti]	Supervisors Elsbernd, Dufty, Ma, Alioto-Pier
		Ordinance amending Article 23 of the San Francisco Public Works Code by (1) amending Sections 1301 through 1304, deleting existing Section 1305, amending and retaining part of existing Section 1306 as renumbered Section 1305, and amending and placing part of existing Section 1306 in new Section 1306, to require that property owners either remove graffiti from their property or request a hearing within 30 days of receiving a notice of violation, clarify and streamline review procedures for graffiti violations, and authorize special assessments to recover graffiti removal costs; and (2) making technical corrections to Sections 1307 and 1308.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

17.	041178	[Declaring blighted vacant lots to be a nuisance and authorizing DPW to abate such nuisances at the owners' expense following notice and opportunity for hearing]	Supervisors Elsbernd, Dufty, Ma
		Ordinance amending Article 15 of the Public Works Code by adding Sections 735 through 735.4 to declare blighted vacant lots a public nuisance, require owners to abate such nuisances and authorize DPW to abate such nuisances at the owners' expense following written notice from DPW and the opportunity for a hearing.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendations of the Finance and Audits Committee




		Present: Supervisors Peskin, Ammiano

18.	041245	[To substitute funds in General Fund for parking tax revenue currently appropriated to programs for Senior Citizens]	Mayor, Supervisors Ma, Dufty, Elsbernd, Ammiano, Alioto-Pier, Peskin, Maxwell
		Ordinance substituting $10,710,000 of parking tax revenue currently appropriated to programs for senior citizens with $10,710,000 of General Fund for fiscal year 2004-05, as part of the September 9, 2004 state Court of Appeals ruling in the case City & County of San Francisco vs. Flying Dutchman Park, Inc.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

19.	041309	[Public Employment - DPH, OES, Fire, Police, Sheriff, and Port]	Supervisor Ma
		Ordinance amending Ordinance No. 198-04 (Annual Salary Ordinance 2004/2005) to reflect the creation of forty-two positions and the deletion of six positions in the following departments: Public Health, Office of Emergency Services, Fire, Police, Sheriff, and Port.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?