Return to 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 24, 2006
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 14

Recommendations of the Budget and Finance Committee
Present: Supervisors Daly, Dufty, Peskin

1. 061297 [Public Utilities Commission Short-Term Indebtedness]
Ordinance amending Sections 43.5.1 through 43.5.4, inclusive, of the San Francisco Administrative Code to authorize the Director of Public Finance to designate an alternate, to implement the provisions of Article VIIIB of the Charter and to make other clarifying revisions. (Public Utilities Commission)
10/17/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

2. 061298 [Authorization for the Public Utilities Commission to issue Commercial Paper Notes (Wastewater Series) in an aggregate principal amount not exceeding $150,000,000]
Ordinance approving the issuance by the Public Utilities Commission of its Commercial Paper Notes (Wastewater Series) in an aggregate principal amount not exceeding $150,000,000 pursuant to Article VIIIB of the City Charter and Article V of Chapter 43 of Part I of the San Francisco Administrative Code, as amended, for the purpose of reconstructing and improving certain capital improvements related to the Wastewater Enterprise; approving the form and authorizing the execution of a credit facility, an issuing and paying agent agreement, one or more dealer agreements, an offering memorandum and other documents relating to such notes; approving the maximum interest rate on such notes; and related matters. (Public Utilities Commission)
(Fiscal impact.)

10/17/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

3. 061304 [Appropriating $950,000 of State of California health program revenue for mental health wrap around services for the Department of Public Health for Fiscal Year 2006-2007] Mayor, Supervisor Dufty
Ordinance appropriating $950,000 of State of California health program revenue for mental health wrap around services to provide clinical services to youth receiving services as a result of the SB 163 State initiative for the Department of Public Health for Fiscal Year 2006-2007, and authorizing reimbursement of contractor costs retroactive to September 1, 2006.
10/17/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the City Operations and Neighborhood Services Committee
Present: Supervisors McGoldrick, Dufty, Ma

4. 061107 [Traffic Regulations] Supervisor Ma
Resolution enacting and rescinding traffic regulations on various streets.

BICYCLE LANES - ESTABLISH
Sloat Boulevard, both directions, from Skyline Boulevard to The Great Highway.

RIGHT LANE MUST TURN RIGHT - RESCIND
Sloat Boulevard, eastbound, from Skyline Boulevard to 300 feet westerly.

RIGHT LANE MUST TURN RIGHT EXCEPT MUNI - ESTABLISH
Sloat Boulevard, westbound, from 37th Avenue to 39th Avenue; and,
Sloat Boulevard, eastbound, from Skyline Boulevard to 350 feet westerly. (Parking and Traffic Department)
(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. 3190.)

Question: Shall this Resolution be ADOPTED?

5. 061229 [Liquor License Transfer, 1455 Custer Avenue]
Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 55 Beverly Street to 1455 Custer Avenue to Kathryn E. Kaufer for Kaufer's Religious Supplies will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.
Question: Shall this Resolution be ADOPTED?

6. 061242 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
20th and Sanchez Streets, stopping the Liberty Street approaches to 20th Street;
Manzanita Avenue and Euclid Avenue, stopping Manzanita Avenue;
Iris Avenue and Euclid Avenue, stopping Iris Avenue;
King Street at Division Street, stopping southbound King Street;
Green and Montgomery Streets, stopping Montgomery Street at Green Street, making this uncontrolled intersection a two-way STOP.
Crestlake Drive and Yorba Street, making this Y-intersection an All-Way STOP. (Parking and Traffic Department)
(8/28/06: 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. 3236.)

Question: Shall this Resolution be ADOPTED?

7. 061257 [Parking Regulations - Noe Street] Supervisor Dufty
Resolution enacting angle parking regulations on the east side of Noe Street, between 29th and Day Streets.
Question: Shall this Resolution be ADOPTED?

8. 061313 [STOP Intersections] Supervisor Dufty
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Addison and Farnum Streets, stopping Addison Street, making this intersection an all-way STOP.
(9/15/06 - 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.)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors McGoldrick, Dufty

9. 061289 [Gift - Private - Department of Public Health, Laguna Honda Hospital & Rehabilitation Center] Supervisor Elsbernd
Resolution authorizing the San Francisco Department of Public Health (SFDPH), Laguna Honda Hospital & Rehabilitation Center (LHH) to accept and expend a monetary gift donation to Laguna Honda Hospital in the amount of $50,000 from the Mildred Oliva Trust, through Shirley A. Reece, Trustee, for the exclusive benefit of the residents of the LHH Hospice Unit. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

10. 061290 [Gift of Equipment to Fire Department]
Resolution accepting a gift of equipment to the Fire Department from the Fireman's Fund Insurance Company as follows: (1) an ambulance simulator and a training mannequin, with a combined value of approximately $37,200; and (2) equipment for the Fire Boat valued at approximately $10,000.
Question: Shall this Resolution be ADOPTED?

11. 061331 [Study of at-risk and HIV positive youth in San Francisco] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (DPH), to enter retroactively into an agreement in the amount of $26,851 with the University of California (UCSF), the primary contractor, to participate in a study of at-risk and HIV positive youth in San Francisco, for the period of March 1, 2006 to February 28, 2007. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

12. 061332 [Study of HIV transmission behavior in HIV-positive men] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (DPH), to enter retroactively into an agreement in the amount of $21,786 with the University of California, San Francisco (UCSF), the primary contractor, to participate in a study to examine decisions to have high transmission-risk sex; study the efficacy of a prevention counseling intervention; and determine whether future episodes of unprotected sex is reduced, for the period of September 1, 2005 to August 31, 2006. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

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

13. 061320 [Property and Business Improvement Districts] Supervisor Peskin
Ordinance amending Section 1511 of the San Francisco Business and Tax Regulations Code to (1) allow the owners of businesses who would pay at least 30% of the proposed assessment, or a combination of property owners and business owners who would pay at least 30% of the proposed assessment, to petition the Board of Supervisors to form a property and business improvement district, and (2) make conforming and clarifying changes to the procedural and substantive augmentation of state law governing the formation of property and business improvement districts.
10/17/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, Sandoval, McGoldrick

14. 061203 [Approval of the sale of street flower market permit on Grant Avenue near Post Street and deletion of site location] Supervisor Peskin
Ordinance approving the sale of a street flower market permit pursuant to San Francisco Public Works Code Article 5, Section 161, and amending Public Works Code Article 5, Section 155 to delete the flower market location on the east sidewalk of Grant Avenue within 100 feet south of the southerly line of Post Street.
10/17/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Budget and Finance Committee
Present: Supervisors Daly, Dufty, Peskin

15. 061266 [Public Employment - Public Defender] Supervisors Mirkarimi, Daly, Ammiano, Maxwell
Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the addition of 1.0 Court Alternative Specialist I and 2.0 Social Workers in the Office of the Public Defender (PDR).
(Supervisor Peskin dissented in committee.)

10/17/2006, PASSED ON FIRST READING.
10/17/2006, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

16. 061312 [Appropriating $2,166,000 to fund Laguna Honda Hospital increased costs for the Department of Public Health retroactive to Fiscal Year 2005-2006] Supervisors Daly, Elsbernd
Ordinance appropriating $2,166,000 of Laguna Honda Hospital surplus revenues to fund increased costs in salaries, non-personal services, and materials and supplies for the Department of Public Health retroactive to Fiscal Year 2005-2006.
(Fiscal impact.)

10/17/2006, PASSED ON FIRST READING. Supervisor Elsbernd requested to be added as a co-sponsor.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Maxwell, Sandoval, McGoldrick

17. 050176 [Amending the Planning Code to make all massage establishments conditional uses] Supervisors Ma, Maxwell, Sandoval
Ordinance amending Sections 218.1, 710.54, 711.54, 712.54, 713.54, 716.54, 717.54, 718.54, 719.54, 720.54, 721.54, 722.54, 723.54, 724.54, 725.54, 726.54, 727.54, 728.54, 729.54, 730.54, 810.54, 811.54, 812.54, 790.60 and 890.60 of the Planning Code to define massage establishments per Section 1900 of the Health Code, to provide that all massage establishments shall be permitted as conditional uses, to provide that non-incidental massage establishments must first obtain all required permits from the Health Department before seeking a conditional use permit, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Supervisor McGoldrick dissented in committee.

6/7/2005, RE-REFERRED to Land Use Committee. Supervisor Sandoval requested to be added as a co-sponsor.
9/19/2006, CONTINUED. Continued to October 24, 2006
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Select Committee on Ending Gun & Gang Violence
Present: Supervisors Maxwell, Mirkarimi, Ammiano

18. 060700 [Police Foot Patrols] Supervisors Mirkarimi, Daly, Ammiano, Maxwell, Sandoval
Ordinance adopting Section 10A.1 of the San Francisco Administrative Code to establish a one-year pilot program requiring foot patrols in crime-impacted areas within the boundaries of Northern, Park, Tenderloin, Mission, Ingleside, Taraval, Southern and Bayview Police District Stations, and require reporting and review on the effectiveness of the foot patrols.
8/15/2006, CONTINUED. Continued to September 19, 2006
9/19/2006, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Mirkarimi, seconded by Supervisor McGoldrick, moved to rerefer this matter to Committee. Supervisor Mirkarimi and Supervisor McGoldrick, rescinded its motion to refer this matter. Supervisor Daly, seconded by Supervisor Ammiano, moved an amendment of the whole bearing new title. San Francisco Police Chief Heather Fong addressed the Board members.
9/19/2006, RE-REFERRED to Select Committee on Ending Gun and Gang Violence. Re-referred as amended.
10/17/2006, PASSED ON FIRST READING AS DIVIDED. Supervisor Daly moved to divide the question to discuss whether to amend the legislation to include the addition of Central and Richmond Police Stations. File was divided.(See File No. 061453) Supervisor Daly moved to amend the legislation to remove language relating to the delay of the implementation of the Ordinance. Motion failed for lack of a second.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee
Present: Supervisors Mirkarimi, Elsbernd, Ammiano

19. 061343 [Confirmation of Mayor's Appointment - Port Commission] Mayor
Resolution confirming the appointment of Rodney Fong to the San Francisco Port Commission, term ending May 1, 2010.
10/17/2006, CONTINUED. Continued to October 24, 2006
Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee
Present: Supervisors Daly, Dufty, Peskin

20. 061275 [Appropriating $2,258,089 of General Fund Reserve for Violence Prevention in the Police Department, Adult Probation and Juvenile Probation for Fiscal Year 2006-2007.] Mayor
Ordinance appropriating $2,258,089 of General Fund Reserve for violence prevention programs, including $1,880,548 in the Police Department for additional salaries and overtime, $268,018 in the Adult Probation Department for salaries, overtime and equipment, $49,523 in the Juvenile Probation Department for increased overtime, and $60,000 in the Sheriff's Department for overtime for Fiscal Year 2006-2007; and authorizing retroactive payment of Police and Sheriff overtime. All funds appropriated below are placed on reserve pending review of actual expenditures and expenditure projections in the departments.
Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 061404 [Increasing the distribution of uniform filing fees to the Law Library provided by the Business and Professions Code] Supervisor Peskin
Resolution increasing the distribution of uniform filing fees provided by Business and Professions Code sections 6321 and 6322.1 to defray Law Library expenses.
Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee
Present: Supervisors McGoldrick, Dufty

22. 061235 [Exemption from Requirement that Ambulances Carry Spare Tire and Jack]
Resolution authorizing the San Francisco Fire Department to be exempt from California Code of Regulations Title 13, Division 2, Chapter 5, Article 1, Section 1103(e) and (f), requiring ambulances to carry spare tire and jack. (Fire Department)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors McGoldrick, Dufty, Ma

23. 061262 [Parking Regulations - Balboa Reservoir] Supervisor Elsbernd
Resolution enacting and rescinding parking regulations at various locations.

1-HOUR TIME LIMIT, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - RESCIND
Ocean Avenue, north side, from Lee Avenue to Plymouth Avenue.

PARKING METER AREA 3, 2-HOUR, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
Ocean Avenue, north side, from Lee Avenue to Plymouth Avenue.
Ocean Avenue, south side, from Brighton Avenue to Plymouth Avenue.
(9/11/06: 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.)

Question: Shall this Resolution be ADOPTED?

24. 061241 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
Kearny Street, west side, from Broadway to 79 feet southerly.

PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Folsom Street, both sides, between 5th and 6th Streets; and,
South Van Ness Avenue, both sides, between Mission and Howard Streets.

NO PARKING ANYTIME - ESTABLISH
Market Street, west side, from the light pole, approximately 100 feet south of the driveway of 3550 Market Street to the driveway of 3620 Market Street (due to the absence of a sidewalk).

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Folsom Street, north side, from 138 feet to 188 feet east of 2nd Street.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Leavenworth Street, east side, from the south side of the driveway of 808 Leavenworth Street to 20 feet southerly (20-foot space, accommodating 4 motorcycle parking spaces).

PARKING METER AREA NO. 2 (2-HOUR PARKING TIME LIMIT, 7 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Natoma Street, south side, between 5th and Mary Streets (portion of the 400 block)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Webster Street, along the terminus, south of Hermann Street (Unit Block); and, Webster Street, east side, from the terminus to 29 feet northerly (Unit Block).

NO PARKING ANYTIME - ESTABLISH
101 Lansdale Avenue, from 97 feet north of the southeast property line of 101 Lansdale Avenue to 112 feet west of the northeast property line of 101 Lansdale Avenue (along the inside of the curve adjacent to 101 Lansdale Avenue).

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Pennsylvania Avenue, east side, from 23rd Street to 350 feet northerly.

PARKING METER AREA NO. 2, 7AM TO 6PM, 2-HOUR TIME LIMIT, MONDAY THROUGH SATURDAY - ESTABLISH Market Street, north side, from 12th Street to Van Ness Avenue (within the parking bay area).

TOW-AWAY NO STOPPING ANYTIME - ESTABLISH
Market Street, north side, from Page Street to 12th Street.

RESIDENTIAL PERMIT PARKING AREA 'U' - RESCIND
45 Lansing Street, Lot 59 of Block 3749 on the Unit block of Lansing Street. (Parking and Traffic Department) (Parking and Traffic Department)
(8/28/06: 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. 3236.)

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.
APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order
of those closest to deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by
the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning
at 4pm.
5. Appeals involving participants who have ADA considerations may be set for specific times
beginning at 4pm.

25. 061292 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 1 La Avanzada Street (aka 250 Palo Alto Avenue)]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 3, 2006 (Case No. 2006.0787E), exempting from environmental review under Categorical Exemption, Class 1 [CEQA State Guidelines, Section 15301(b)], the proposed project at 1 La Avanzada Street (aka 250 Palo Alto Avenue). The proposal would replace four existing small receive-only antennas and add a fifth such antenna to the fifth level of Sutro Tower, and add four receive-only antennas to the roof of the existing control building. The project site is located on Mount Sutro and is zoned RH-1(D) (Residential, House - One Family, Detached) and is within a 40-X Height and Bulk District. (Appellant: Doris Linnenbach on behalf of Twin Peaks Improvement Association.)
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 adopted.)

26. 061293 [Affirming the categorical exemption issued for the 1 La Avanzada Street project]
Motion affirming the determination by the Planning Department that the 1 La Avanzada Street project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be ADOPTED?

27. 061294 [Disapproving the categorical exemption issued for the 1 La Avanzada Street project]
Motion disapproving the determination by the Planning Department that the 1 La Avanzada Street project is categorically exempt from environmental review under the California Environmental Quality Act.
Question: Shall this Motion be ADOPTED?

28. 061295 [Preparation of findings related to the 1 La Avanzada Street project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 1 La Avanzada Street is 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.
The following items will be considered by the Government Audit and Oversight Committee at a Regular Meeting on Monday, October 23, 2006 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 24, 2006.

29. 061419 [Resolution of Intention to form the Fisherman's Wharf Portside Community Benefit District] Supervisor Peskin
Resolution (1) declaring the intention of the Board of Supervisors to establish a business-based business improvement district (community benefit district) to be known as the "Fisherman's Wharf Portside Community Benefit District" and levy a multi-year assessment on identified businesses in the district, (2) approving the management district plan for the district, (3) ordering and setting a time and place for a public hearing thereon, (4) approving the form of the Notice of Public Hearing and Assessment Ballots, and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing as required by law.
Question: Shall this Resolution be ADOPTED?

30. 061420 [Assessment Ballot for City Parcel] Supervisor Daly
Resolution authorizing the Mayor to cast an assessment ballot in the affirmative on behalf of the City and County of San Francisco as the owner of one parcel of real property that would be subject to assessment in the proposed property and business improvement district to be named the Central Market Community Benefit District.
Question: Shall this Resolution be ADOPTED?

31. 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.

32. 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 speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting.

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 33 through 38

33. 061441 [Urging BART Board of Directors to reconsider decision to allow alcohol advertising] Supervisor Ammiano
Resolution urging the BART Board of Directors to reconsider its recent decision to permit alcohol advertising in BART stations and trains.
10/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 061442 [Continuing the Ongoing work of the Utility Undergrounding Task Force] Supervisor Dufty
Resolution continuing the ongoing work of the Utility Undergrounding Task Force to advise the City and County of San Francisco on the future of the utility undergrounding process in San Francisco and to complete its work by October 31, 2006.
10/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 061443 [Supporting Proposition 86, the Tobacco Tax Act] Supervisor Ma
Resolution supporting Proposition 86, the Tobacco Tax Act.
10/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 061445 [Commending California State Senate Assistant President Pro Tempore Jackie Speier] Supervisor Sandoval
Resolution commending California State Senator Jackie Speier for nearly three decades of legislative service.
10/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 061446 [Proclaiming October 24, 2006 as Stoney, A Clown Who Rabble Rouses in Defense Of Free Speech, Day] Supervisor Sandoval
Resolution proclaiming October 24, 2006 as Stoney Day.
10/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 061444 [Waiver permitting City Employees to Assist the Department of Elections with the November 7, 2006 election] Supervisor Peskin
Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to permit City employees to assist the Department of Elections with the November 7, 2006 election.
10/17/2006, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

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

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

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

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

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES
Proposed ordinances received from October 10, 2006 through October 16, 2006, for reference by President to appropriate committee on October 24, 2006.

061401 [Settlement of Lawsuit - Daniel Kuhstoss]
Ordinance authorizing settlement of the lawsuit filed by Daniel Kuhstoss against the City and County of San Francisco for $465,000; the lawsuit was filed on April 18, 2005 in San Francisco Superior Court, Case No. 440-542; entitled Daniel Kuhstoss, et al., v. City and County of San Francisco, et al. (City Attorney)
10/11/2006, RECEIVED AND ASSIGNED to Rules Committee.

061402 [Settlement of Lawsuit - Kevin Roy Jordan]
Ordinance authorizing settlement of the lawsuit filed by Kevin Roy Jordan against the City and County of San Francisco for $100,000.00; the lawsuit was filed on February 21, 2003 in United States District Court, Case No. C03-1194; entitled Kevin Jordan, et al., v. City and County of San Francisco, et al. (City Attorney)
10/11/2006, RECEIVED AND ASSIGNED to Rules Committee.

061403 [Settlement lawsuit - Vilda and Amber Curry]
Ordinance authorizing settlement of the lawsuit filed by Vilda Curry and Amber Curry, by and through her guardian ad litem, Vilda Curry against the City and County of San Francisco for $625,000; the lawsuit was filed on March 31, 2003 in San Francisco Superior Court, Case No. 417-407; entitled Vilda Curry, et al. v. City and County of San Francisco, et al. (City Attorney)
10/11/2006, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from October 10, 2006 through October 16, 2006, for reference by President to appropriate committee on October 24, 2006.

061400 [Authorizing Tax Collector Attorney to file suit against responsible relative of recipient of services at City hospitals to recover value of services]
Resolution authorizing Tax Collector Attorney to file suit against responsible relative to recover value of services rendered at hospital facilities operated by the San Francisco Department of Public Health. (Treasurer-Tax Collector)
10/13/2006, RECEIVED AND ASSIGNED to Rules Committee.

061412 [Request authorization by the Board to adopt the County Description of Proposed Expenditure of California Healthcare for Indigents Program (CHIP) funds for Fiscal Year 2006-07]
Resolution authorizing adoption of the County Description of Proposed Expenditure of California Healthcare for Indigents (CHIP) funds for Fiscal Year 2006-07 and that the President or duly authorized representative of the Board of Supervisors of the City and County of San Francisco can certify the County Description of Proposed Expenditure of CHIP funds for the Fiscal Year 2006-07. (Public Health Department)
10/13/2006, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061413 [Settlement of Grievance - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38 ("Union")]
Resolution approving the settlement of the grievance (ERD No. 40-05-1446) filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38 ("Union") on behalf of Grievants against the City and County of San Francisco for $167,090.33. Other material term of said settlement is that Grievants and Union shall release all claims relating to the aforementioned grievance (ERD No. 40-05-1446). (Human Resources Department)
10/16/2006, RECEIVED AND ASSIGNED to Rules Committee.

061457 [Petitions and Communications]
Petitions and Communications received from October 10, 2006 through October 16, 2006 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 24, 2006.

From Henri Belli, regarding the ongoing criminal activity on Larch Street in the Western Addition.(1)

From concerned citizens, submitting support for approval of the St. Francis Yacht Club lease renewal. File 061351, Copy: Budget Committee members, 6 letters(2)

From Planning Department, forwarding letter from the Landmarks Preservation Advisory Board recommending that St. Brigid's Church should remain eligible for the National Register of Historic Places and should remain listed on the California Register of Historical Resources.(3)

From Office of Labor Standards Enforcement, on behalf of the Sweatfree Procurement Advisory Group, requesting advice and intervention from the Mayor and Board of Supervisors regarding implementation of the Sweatfree Contracting Ordinance in an effective manner. Copy: Each Supervisor(4)

From Office of the Controller, submitting the Controller's annual report on impact fees for the Rincon Hill Community Improvements Fund and the SOMA Community Stabilization Fund.Copy: Each Supervisor(5)

From Recreation and Parks Department, responding to request for an explanation as to why the Department is planning to spend $750,000 on an Environmental Impact Report for the Natural Areas Program if the Natural Areas Program may never be implemented. (Reference No. 20060912-003) Copy: Supervisor Elsbernd(6)

From Chabad of SF, submitting support for the reappointment of Bill Lee to the Planning Commission. Copy: Rules Committee(7)

From Francisco Da Costa, submitting letter entitled "Lennar exposes children to asbestos on Kiska Road" in Hunters Point.(8)

From concerned citizens, commenting on the proposed health plan for taxi drivers in San Francisco. File 061255 & 061385, Copy: Each Supervisor, 2 letters(9)

From Department of Elections, submitting update #9 regarding implementation of the new voting system for the June 6, 2006 Election and the implementation of Ranked-Choice Voting for the November 7, 2006 Election. File 060148(10)

From Human Services Agency, responding to inquiry that the Human Services Agency regularly conducts site visits to all City-funded shelters to verify that there are always adequate supplies of first aid kits, CPR Masks, toilet paper, and toiletries.(Reference No. 20061003-009) Copy: Supervisor Ammiano(11)

From Andrea O'Leary, inquiring if Supervisor Maxwell is involved with a private committee of dog owners and some who are not to test Esprit as an off-leash "timed use" park.(12)

From Supervisor Maxwell, responding that her office does not participate in the community meetings regarding the Esprit Park.(13)

From Arts Commission, submitting quarterly report for the quarter ending September 30, 2006.(14)

From concerned citizens, commenting on the Pete Wilson controversy. 9 letters(15)

From Eula Walters, submitting opposition to changing the name of Ferry Park to Sue Bierman Park. File No. 061223, Copy: Each Supervisor(16)

From Athanasios Rebelos, submitting support to adding more medallions to the City's taxi fleet. Copy: Each Supervisor(17)

From Christian Holmer, submitting press release announcing rally at City Hall on Monday, October 16, 2006 at 12 Noon, regarding communities of color in San Francisco systematically disappearing.(18)

From Robert Planthold, submitting letter commenting that exclusion of the Department of Parking and Traffic from the very limited scope of the Transit Effectiveness Program may lead to problems.(19)

From Steefel, Levitt & Weiss, regarding opposition to proposed landmarking of the former St. Brigid Church. File 051772, Copy: Each Supervisor(20)

From District Attorney's Office, submitting report entitled "Results and Resources" for fiscal year 2004/05.(21)

From Planning Department, submitting the 2005 Housing Inventory Report.(22)

From T Mobile USA, Inc., submitting notification letter to California Public Utilities Commission regarding the cellular base site at 4501 Irving Street.(23)

From T Mobile USA, Inc., submitting notification letter to California Public Utilities Commission regarding the cellular base site at 5655 Mission Boulevard.(24)

From T Mobile USA, Inc., submitting notification letter to California Public Utilities Commission regarding the cellular base site at 598 Castro Street.(25)

From James Deveney, concerning construction project being planed for 461 Chenery Street. Copy: Each Supervisor(26)

From concerned citizens, regarding the timed use plan for unleashed dogs. 2 letters(27)

From Ahimsa Porter Sumchai, regarding a ten year analysis of health outcomes in Bayview Hunters Point.(28)

From Ahimsa Porter Sumchai, regarding Supervisor Maxwell's record on health outcomes in District 10. Copy: Supervisors Maxwell, Peskin(29)

From John Barrett, commenting on the "Third World" conditions in District 6. Copy: Supervisor Daly(30)

From Christine O., urging the Board of Supervisors to audit the Sunset Scavenger Company. (31)

From James Langan, inquiring what steps the Board of Supervisors will take to ensure public safety in the area of 4th and Market Streets. Copy: Each Supervisor(32)

From Russell Carpenter, commending Mr. Warren Hellman for putting on the annual bluegrass festival in Golden Gate Park.(33)

From Richard Reffner, regarding replacing the current speed bumps along Minerva Street (between Capitol and Orizaba). Copy: Supervisor Sandoval(34)

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.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383
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 interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
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.
To request sign language interpreters, readers, large print agendas or other accommodations, please call (415) 554-7703 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
Disability access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 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. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
In order to assist the City's efforts 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 perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

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 Frank Darby 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