Board of Supervisors Agenda

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 25, 2005
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

Motion to approve Board Meeting Minutes for September 27, 2005.

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 8

Recommendations of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

1. 050883 [Designating a sole source contractor for the art elements of the 24th and York Mini Park] Supervisor Ammiano
Ordinance designating Precita Eyes Muralists as the sole source contractor for the art elements of the 24th and York Mini Park and waiving the competitive procurement requirements of San Francisco Administrative Code Chapter 6 for these services.

10/18/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

2. 051596 [Contract Amendment for Muni Metro East Light Rail Facility]
Resolution authorizing the Director of Transportation to execute the Tenth Amendment to San Francisco Municipal Railway Contract No. CS-116, Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility with Gannett Fleming, Inc. for an amount not to exceed $3,313,629, for a total contract amount not to exceed $12,262,990, and for a contract extension of two and one-half years, for a total contract term of ten years. (Municipal Transportation Agency)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

3. 051635 [FY 2005-06 California Constitution Appropriations Limit] Supervisor Peskin
Resolution establishing the appropriations limit for Fiscal Year 2005-06 pursuant to California Constitution Article XIII B.

Question: Shall this Resolution be ADOPTED?

4. 051642 [Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years 2004-2005 and 2005-06] Supervisor Peskin
Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years ending June 30, 2005 and June 30, 2006.

Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors Dufty and Ma

5. 051387 [Temporary Occupancy of Commercial Vehicle Parking Meters] Supervisor Peskin
Resolution establishing temporary occupancy of a portion of the commercial vehicle parking meters on the north side of Post Street between Kearny and Montgomery from 8:30 am to 5:00 pm on every Thursday beginning July 14, 2005 through November 30, 2006.

Question: Shall this Resolution be ADOPTED?

6. 051497 [Liquor License, 2339 Third Street]
Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 3699 17th Street to 2339 Third Street, Suite 19 to Jason Walthall for Taste Inc. 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?

7. 051670 [State funding for California Healthcare for Indigents Program (CHIP) allocation for medical services to indigent persons] Supervisor Ma
Resolution authorizing the Department of Public Health to accept and expend retroactively a grant allocation in the amount of $2,622,282 for Fiscal Year 2005-06 funding from the State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials and supplies, and personal services; for the period of July 1, 2005, to June 30, 2006.

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Mirkarimi, Dufty, Peskin

8. 050867 [San Francisco Community Health Joint Powers Authority Conflict of Interest Code] Supervisor Ammiano
Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by adding section 3.1-417 to create a conflict of interest code for the San Francisco Community Health Joint Powers Authority.

10/18/2005, 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 Ammiano, Mirkarimi, Elsbernd

9. 051250 [Medical cannabis guidelines and medical cannabis dispensary zoning and permitting] Supervisor Mirkarimi
Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house residential-mixed zoning districts, industrial districts, and certain mixed use districts; prohibit new medical cannabis dispensaries in neighborhood commercial cluster (NC-1) districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to schools, community centers, and facilities providing substance abuse services that are licensed or certified by the State of California or funded by the Department of Public Health; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require the Planning Commission to hold a discretionary review hearing on each medical cannabis dispensary application; require dispensaries operating as of April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or must cease operations; require dispensaries beginning operation after April 1, 2005 but before the effective date of this legislation to cease operations; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan;
Amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical cannabis possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries including signage and advertising requirements; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations;
Amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and,
Amending the San Francisco Business and Tax Regulations Code by amending Section 1 to add Sections 1.177 to authorize the Department of Health to issue medical cannabis dispensary permits.

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

10/18/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

10/18/2005, CONTINUED. Continued as amended to October 25, 2005.

Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 051747 [Setting a permit application fee and an annual license fee for medical cannabis dispensaries] Supervisor Mirkarimi
Ordinance amending the San Francisco Health Code to add Section 3204 setting an application fee for a medical cannabis dispensary permit and amending the Business and Tax Regulations Code to add Section 249.17 to provide for an annual license fee for permitted medical cannabis dispensaries.

10/18/2005, AMENDED. Amended by replacing "$6,110 with $6,691".

10/18/2005, CONTINUED. Continued as amended to October 25, 2005.

Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 050922 [Payroll Expense Tax Exclusion for qualified clean energy technology businesses] Supervisors McGoldrick, Alioto-Pier, Mirkarimi, Elsbernd, Ma
Ordinance amending the Payroll Expense Tax Ordinance to establish a tax exclusion for qualified clean energy technology businesses, as specified.

10/11/2005, CONTINUED. Continued to October 25, 2005 Supervisor Ma requested to be added as a co-sponsor.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Government Audit and Oversight Committee

Present: Supervisors Peskin, Elsbernd, Daly

12. 051674 [Settlement of Lawsuit - CCSF et al., v. Myers Natoma Venture, et al.] Mayor, Supervisor Daly
Ordinance authorizing settlement of the eminent domain action filed by the City and County of San Francisco against Myers Natoma Venture, LLC, filed on October 8, 2004 and amended on November 5, 2004, in San Francisco Superior Court, No. 04-435-334; entitled City and County of San Francisco, et al., v. Myers Natoma Venture, LLC, et al.; and authorizing settlement of the lawsuit filed by Myers Natoma Venture and Myers Development Company against the City and County of San Francisco, the Transbay Joint Powers Authority, and the Peninsula Corridor Joint Powers Board, filed on July 16, 2004 in San Francisco Superior Court, No. 04-504-363, entitled Myers Natoma Development, et al., v. City and County of San Francisco, et al., for fifty-eight million dollars ($58,000,000) payable by the Transbay Joint Powers Authority with funding from the San Francisco County Transportation Authority and the Metropolitan Transportation Commission; other material terms of said settlement are that the San Francisco County Transportation Authority and the Metropolitan Transportation Commission are to take title to 80 Natoma Street if the Transbay Terminal Project fails to meet deadlines in the Cooperative Agreement for commencement of terminal operations, Myers waives any right to refile claims related to the June 2004 suspension of its permit for 80 Natoma, as well as the terms and conditions as provided in Exhibit A.

10/18/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

10/18/2005, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty

13. 050253 [Proposition 65 Ordinance - Safe Drinking Water and Toxic Enforcement Act of 1986] Supervisor Mirkarimi
Ordinance amending the San Francisco Health Code by adding Section 456.6, to require the Department of Public Health to Enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and its implementing regulations with respect to foods which are subject to a state or federal Department of Health and Human Services, Food and Drug Administration, or Environmental Protection Agency safety advisory where said advisory is regarding a substance included on the Proposition 65 list issued by the State of California Environmental Protection Agency and to require certain food establishments to provide Proposition 65 warnings in English, Spanish, and Chinese.

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

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

10/18/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

10/18/2005, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

14. 051297 [Accept-Expend Corporate Grant - Department of the Environment] Supervisor Ma
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $61,223.20 from Air Products and Chemicals, Incorporated (Inc.) for completion of site work for a hydrogen fueling station.

7/19/2005, REFERRED to Budget and Finance Committee. Supervisor Daly requested that this matter be referred to Committee.

Question: Shall this Resolution be ADOPTED?

From the Budget and Finance Committee Without Recommendation

15. 051599 [Official Advertising - Type 1 for Consecutive Day Publication and Type 2 for Non-Consecutive Day Publication]
Resolution designating the San Francisco Chronicle and Examiner to be the official newspapers of the City and County of San Francisco for the category of Type 1 consecutive day, and Type 2 non consecutive day official advertising services for the fiscal year commencing upon Board of Supervisors and Mayoral approval and ending June 30, 2006. (Office of Contract Administration)

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

16. 051534 [Public Hearing - Sidewalk Assessment Costs 534 Octavia Street]
Hearing of persons interested in or objecting to 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. (Clerk of the Board)

Action:___________________________

17. 051532 [Report of assessment costs for sidewalk and curb repairs - 534 Octavia Street]
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.

(DPW Order No. 175,586; Location: 534 Octavia Street.)

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.

18. 051222 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 899 North Point Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated April 22, 2005, exempting from environmental review under Categorical Exemption, State CEQA Guidelines Sections 15303(b) and General Rule Exclusion, under CEQA Guidelines Section 15061(b)(3). The proposed project would involve the demolition of a vacant gas station building, approximately 1,650 square feet in size, and construction of a four-story, five-unit residential building. The proposed project would provide seven off-street parking spaces on the ground floor. Entrance and access to the residential units would be from Larkin Street and vehicular entrance and access would be from North Point Street. The project site at 899 North Point Street (Assessor's Block 0026, Lot 020) is approximately 5,469 square feet in size and located on the southeastern corner of North Point and Larkin Streets in the Russian Hill neighborhood on the block bounded by Larkin, North Point, Hyde and Bay Streets. The project site is zoned RH-3 (Residential, House, Three-Family) and is within a 40-X height and bulk district. The project site is also located in the Waterfront Special Use District No. 2, per Section 240.2 of the San Francisco Planning Code. (Appellant: Stephen M. Williams.)

(Filed June 17, 2005; companion measure to Files 051223, 051224, 051225; District 2.)

7/26/2005, CONTINUED. Continued to August 9, 2005

8/9/2005, CONTINUED. Continued to September 20, 2005

9/20/2005, CONTINUED. Continued to October 11, 2005

10/11/2005, CONTINUED. Continued to October 25, 2005

Action:___________________________

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

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

19. 051223 [Affirming the categorical exemption issued for 899 North Point Street]
Motion affirming the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

7/26/2005, CONTINUED. Continued to August 9, 2005

8/9/2005, CONTINUED. Continued to September 20, 2005

9/20/2005, CONTINUED. Continued to October 11, 2005

10/11/2005, CONTINUED. Continued to October 25, 2005

Question: Shall this Motion be ADOPTED?

20. 051224 [Disapproving the categorical exemption issued for 899 North Point Street]
Motion disapproving the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

7/26/2005, CONTINUED. Continued to August 9, 2005

8/9/2005, CONTINUED. Continued to September 20, 2005

9/20/2005, CONTINUED. Continued to October 11, 2005

10/11/2005, CONTINUED. Continued to October 25, 2005

Question: Shall this Motion be ADOPTED?

21. 051225 [Preparation of findings related to the categorical exemption issued for 899 North Point Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

7/26/2005, CONTINUED. Continued to August 9, 2005

8/9/2005, CONTINUED. Continued to September 20, 2005

9/20/2005, CONTINUED. Continued to October 11, 2005

10/11/2005, CONTINUED. Continued to October 25, 2005

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:30 P.M.

22. 051445 [Public Hearing - Appeal of Final Environmental Impact Report for 491 Bayshore Boulevard (HOME DEPOT)]
Hearing of persons interested in or objecting to the Planning Commission's July 28, 2005, certification of a Final Environmental Impact Report identified as Case No. 2001.0062E, through its Motion 17071. The proposed project would involve the demolition of the existing vacant buildings equaling approximately 107,372 square feet and the construction of approximately 140,000 square foot home improvement center (HOME DEPOT) with a separate, attached 235,597 square foot parking garage accommodating 585 parking spaces with an M-1 (Light Industrial) District, a 65-J Height and Bulk District, and the Industrial Protection Zone Special Use District, located at 491 Bayshore Boulevard, Assessor's Block 5598, Lots 8, 9, 11, 13, 15, 16, 18, 21 and 28. (Appellant: Sue C. Hestor, Attorney, on behalf of Cole Hardware).

(Date Filed: 8/11/05; companion measure to Files 051446, 051447, 051448; District 10.)

9/27/2005, CONTINUED. Continued to October 25, 2005

Action:___________________________

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

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

23. 051446 [Affirm certification of 491 Bayshore Boulevard (Home Depot) FEIR]
Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 491 Bayshore Boulevard (Home Depot) Project. (Clerk of the Board)

9/27/2005, CONTINUED. Continued to October 25, 2005

Question: Shall this Motion be ADOPTED?

24. 051447 [Disapprove certification of 491 Bayshore Boulevard (Home Depot) FEIR]
Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the 491 Bayshore Boulevard (Home Depot) Project. (Clerk of the Board)

9/27/2005, CONTINUED. Continued to October 25, 2005

Question: Shall this Motion be ADOPTED?

25. 051448 [Preparation of findings to disapprove certification of 491 Bayshore Boulevard (Home Depot) FEIR]
Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the 491 Bayshore Boulevard (Home Depot) Project. (Clerk of the Board)

9/27/2005, CONTINUED. Continued to October 25, 2005

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

The following item will be considered by the Budget and Finance Committee at a Regular Meeting on Thursday, October 20, 2005 at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, October 25, 2005.

26. 051748 [Providing for adjustment of medical cannabis dispensary application fee and annual license fee based on changes in CPI] Supervisor Mirkarimi
Ordinance amending the San Francisco Health Code to amend Section 3204 to provide for adjustments of the application fee for medical cannabis dispensary permits based on changes to the consumer price index and amending the Business and Tax Regulations Code to amend Section 249.17 to provide for adjustments in the medical cannabis dispensaries annual license fees based on changes to the consumer price index.

Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 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.

28. PUBLIC COMMENT

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

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 29 through 42

29. 051719 [Judicial Review of the Ogoni Nine] Supervisor Ammiano
Resolution urging the Government of Nigeria to conduct a full judicial review of the trial of the Ogoni Nine, make reparations to the survivors of the Ogoni Nine, increase social spending for the Ogoni and the Niger Delta as a whole, ensure that all members of the security forces receive training in international standards on the use of force and firearms, in particular the 1979 UN Code of Conduct for Law Enforcement Officials and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 051723 [Designating the Committee on Parades] Supervisor Peskin
Motion designating the City Operations and Neighborhood Services Committee of the Board of Supervisors as the Committee on Parades.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

31. 051727 [Urging Commemoration of Harvey Milk Stamp] Supervisors Daly, Ammiano, Dufty, Sandoval
Resolution urging the United States Post Master General to issue a commemorative stamp of Harvey Milk.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 051728 [Commending Lights On Afterschool] Supervisor Ma
Resolution commending Lights On Afterschool!

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 051729 [Accept-Expend Federal Grant - Department of the Environment] Supervisor Ma
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $25,000 from the Environmental Protection Agency Aging Initiative to reduce seniors' exposure to environmental hazards, increase senior participation in free and low cost toxic reduction programs currently being offered by the City and to work with seniors and senior networks to conduct outreach and education efforts to seniors by seniors.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 051730 [Commending the San Francisco Health Plan] Supervisor Maxwell
Resolution commending the San Francisco Health Plan for their commitment and dedication to the residents of the City.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 051731 [Proclaiming November 2005 as Lung Cancer Awareness Month in San Francisco] Supervisor Maxwell
Resolution proclaiming November 2005 as Lung Cancer Awareness Month in San Francisco.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 051733 [Acceptance of a monetary gift - Recreation and Park Department] Supervisor Maxwell
Resolution approving the acceptance of a monetary gift of $53,075 from Michael Lanza to the Recreation and Park Department to fund improvements for the Arkansas Friendship Community Garden and a pathway at Potrero Hill Playground, and to support recreational programs at Potrero Hill Recreation Center.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 051734 [Grant of Federal Funds - Municipal Transportation Agency] Supervisor Maxwell
Resolution authorizing the Municipal Transportation Agency to accept and expend $23,600 of Section 115 funds from the Federal Transit Administration for the Municipal Railway's Radio System Replacement and Third Street Phase 1 projects, excluding administrative overhead costs.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 051735 [Accept-Expend Federal Grant - Department of the Environment] Supervisor Mirkarimi
Resolution authorizing the Department of the Environment to accept and expend grant funds in the amount of $15,000 from the Environmental Protection Agency (EPA) for the ongoing development of a database to track municipal green building projects and their environmental benefits to the City and County of San Francisco and disseminate information about the database to stakeholders.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 051736 [Home Care and Hospice Day] Supervisor Peskin
Resolution commending the San Francisco Bay Area Regional Council of Home Care Providers, and declaring November 9, 2005, Home Care and Hospice Day in San Francisco.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 051738 [Commending Plant*SF, Sidewalk Pocket Park Gardens] Supervisor Ammiano
Resolution commending the work of Plant*SF, Sidewalk Pocket Park Gardens and other projects that promote community-based permeable landscaping and public open-space gardens located on public rights-of-way.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 051712 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty, Mirkarimi
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.

10/18/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

42. 051732 [Committee of the Whole - November 1, 2005 at 5:30 p.m.] Supervisors Maxwell, Mirkarimi
Motion scheduling a Committee of the Whole on November 1, 2005, at 5:30 p.m. to hold a hearing to discuss the City's plan to end gun and gang violence in San Francisco.

10/18/2005, 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:_________________________________________

43. 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

051654 [Settlement of Lawsuit - Deaf Counseling Advocacy and Referral Agency, et al.]
Ordinance authorizing settlement of the lawsuit filed by Deaf Counseling Advocacy and Referral Agency, et al., against the City and County of San Francisco, et al. for an agreement to make certain disability access improvements at the San Francisco International Airport, and by the payment of $40,000 in damages, $235,000 in attorney's fees, and $14,500 in costs; the lawsuit was filed on April 17, 2002, in US District Court (Case No C02-1844 MEJ). (City Attorney)

10/11/2005, RECEIVED AND ASSIGNED to Rules Committee.

051759 [Rewards to Informants (Real Estate Watchdogs) for Information Related to the Detection of Underpayment of Property Tax]
Ordinance amending Chapter 10 of the San Francisco Administrative Code by adding Sections 10.177-2 and 10.177-3, authorizing the Assessor to recommend rewards for information related to the detection of underpayment of tax owed to the City and County of San Francisco. (Assessor-Recorder)

10/17/2005, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/24/2005.

PROPOSED RESOLUTIONS

There were none.

051765 [Petition and Communications]
Petitions and Communications received from October 8, 2005 through October 17, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 25, 2005.

From St. Luke's Hospital foundation, regarding Resolution and Hearing on the implications of the Affiliation Agreement between the Boards of Directors of St. Luke's Hospital and California Pacific Medical Center. File No. 051626, Copy: Budget and Finance Committee Members. (1)

From concerned citizens, opposing the proposed demolition of the house and tree removal located at 1070 Sanchez Street. File No. 051627, Copy: Each Supervisor. Received 6 Letters. (2)

From Tracey Hughes, supporting proposed Ordinance to address removal, maintenance, and nomination of significant trees. File No. 050689, Copy: Each Supervisor. (3)

From concerned citizens, supporting passage of proposed legislation that would require food establishments selling fish and canned fish to provide Proposition 65 warning labels in English, Spanish, and Chinese. File No. 050253. Received 5 letters. (4)

From concerned citizens, submitting support for the request made by Guide Dogs for the Blind and others to enforce leash laws at the Golden Gate National Recreation Area. Received 172 letters. (5)

From concerned citizens, urging the Board of Supervisors to do what it can to help Susan Cervantes from being evicted from her rented family home of 35 years, located at 398 Precita Avenue. Received 2 letters. (6)

From DJ Pini, submitting information on how San Francisco coped with the great flu epidemic of 1918. (7)

From Human Services Agency, submitting response to inquiry regarding the fire at 359 Capp Street. (Reference No. 20050920-017), Copy: Supervisor Ammiano. (8)

From Jim Wachob, submitting invitation to a panel discussion on Northern Ireland on Thursday, October 13, 2005, at San Francisco's United Irish Cultural Center. Copy: Supervisor Elsbernd. (9)

From Law Offices of Julian T. Lastowski, submitting copy of letter sent to Daniel Bornstein, Esq., regarding alleged unfair business practices, harassment, and continuing attempted wrongful eviction. Copy: Each Supervisor. (10)

From Patrick Missud, regarding parking citations received in front of his residence. (11)

From Mercy Housing California, advising they are submitting a Multifamily Housing Program application to the CA Housing & Community Development Department requesting $10,500,000 for 10th and Mission Family Housing. Copy: Each Supervisor. (12)

From Law Offices of Stephen M. Williams, requesting a continuance of the Appeal of Categorical Exemption for 2642 & 2644 Hyde Street till November 22, 2005. Copy: Each Supervisor and City Attorney. (13)

From City of Pittsburgh, submitting Public Notice of upcoming Environmental Scoping Meeting, Preparation of Environment Impact Report, and Request for Comments for the proposed Trans Bay Cable Project, to be held October 19, 2005 at 7:00 p.m. in the City Council Chambers, City Hall, 65 Civic Avenue, Pittsburg, CA. (14)

From Suzanne Foster, submitting a copy of letter to TIDA Board of Directors regarding the TIDA staff and the dismissal of Executive Director Tony Hall. (15)

From Municipal Transportation Agency, submitting the listing from the Department of Parking and Traffic of tow refunds for the fourth quarter of FY 04-05. (16)

From Public Utilities Commission, submitting notification that a 12B Waiver has been forwarded to the Human Rights Commission requesting Ross Valve Mtg. Co., Inc. be granted a 12B Waiver. (17)

From Office of the Controller, submitting report concerning the financial audit of the San Francisco Children and Families Commission for the fiscal year ended June 30, 2005. (18)

From San Francisco Film Commission, submitting a copy of a response to a citizen regarding the filming of Pursuit of Happiness at Duboce Park. Copy: Each Supervisor. (19)

From Mark Scheuer, Friends of Duboce Park, submitting a copy of response to citizen regarding community involvement in the filming of Pursuit of Happiness at Duboce Park. (20)

From Department of Public Works, submitting response to inquiry requesting a report on the status of repairing the pothole at 1150 Stanyan Street. (Reference No. 20050906-008), Copy: Supervisor Mirkarimi. (21)

From Department of Public Works, submitting response to inquiry requesting a report on the status of repairing the pothole on Webster Street, between the intersection of Bush Street and 1814 Webster Street. (Reference No. 20050913-005), Copy: Supervisor Mirkarimi. (22)

From Department of Public Works, submitting response to inquiry requesting a report on the status of repairing the pothole at 1572 - 8th Avenue. (Reference No. 20050920-008), Copy: Supervisor Mirkarimi. (23)

From Department of Public Works, submitting response to inquiry requesting a report on the status of a sidewalk repair near the curb cut on the southwest corner of California and Divisadero Streets. (Reference No. 20050726-005), Copy: Supervisor Mirkarimi. (24)

From: Department of Public Works, submitting response to inquiry requesting a report on the status of removing the trash bags on Clayton Street, between Haight Street and Waller Street, and tree branches and other yard waste at the corner of Clayton and Waller. (Reference No. 20050927-001), Copy: Supervisor Mirkarimi. (25)

From Department of Public Health, submitting response to inquiry requesting a full investigation of the recent fire at 359 Capp Street. (Reference No. 20050920-016), Copy: Supervisor Ammiano. (26)

From concerned citizens, expressing concerns regarding the noise and disruption the Blue Angels cause flying over the City. Received 3 letters. (27)

From Department of Recreation and Park, submitting response to inquiry requesting the Department of Recreation and Park to consider revising the Camp Mather Application due date. (Reference No. 20050802-005), Copy: Supervisor Dufty. (28)

From Law Offices of Stephen M. Williams, submitting Appeal of Categorical Exemption form - Environmental Review for 733 - 27th Avenue. Copy: Each Supervisor. (29)

From Office of the Treasurer, submitting report detailing the City's investment portfolio as of September 30, 2005. (30)

From Matthew A. Brennan, Attorney at Law, submitting an appeal of the disapproval by the Department of Public Works, Bureau of Street-Use and Mapping for 901 Bush Street. Copy: Each Supervisor. (31)

From Luce Forward, Attorney at Law, submitting objection to request for continuance of the hearing scheduled for October 18, 2005 regarding Appeal of Issuance of A Certificate of Categorical Exemption for 1070 Sanchez Street. File No. 051627, Copy: Each Supervisor and City Attorney. (32)

From concerned citizens, submitting opposition to the proposed new shopping mall on the waterfront. File No. 051603, Received 3 letters. Copy: Each Supervisor. (33)

From 16th & Mission Community Public Safety mini-Task Force, submitting support for the concept of creating standards of performance for off-sale alcohol outlets in San Francisco. Copy: Supervisor Maxwell. (34)

From concerned citizens, submitting opposition to proposed Resolution urging the Civil Service Commission and the Department of Human Resources to review current policies and procedures where appropriate so that people who have been in prison or convicted of criminal activity are not unreasonably denied City employment. File No. 051638. Received 2 letters, Copy: Each Supervisor. (35)

From concerned citizens, submitting support for proposed Resolution urging the Civil Service Commission and the Department of Human Resources to review current policies and procedures where appropriate so that people who have been in prison or convicted of criminal activity are not unreasonably denied City employment. File No. 051638. Received 3 letters, Copy: Each Supervisor. (36)

From Senate Rules Committee, submitting list of scheduled upcoming Senate & Joint Committee Interim Hearings. (37)

From Jeremy Wolf, concerning the need to resurface 3rd Street, between Harrison and Mission Streets. Copy: Each Supervisor. (38)

From Department of Public Works, submitting copy of e-mail, responding to citizen request to resurface 3rd Street. Copy: Each Supervisor. (39)

From Department of Building Inspection, advising that beginning late October, they will begin testing on garage door assemblies relating to the research on garage doors as seismic force resisting elements. (40)

From Michael Berke, concerning parking in the neighborhood since the opening of the DeYoung Museum. Copy: Supervisor McGoldrick. (41)

From Sharon May, concerning cable not being available in a 2 block area on Borica and Corona Streets. Copy: Supervisor Elsbernd. (42)

From Matthew Ho, opposing the proposed undergrounding project on Taraval Street. (43)

From concerned citizens, opposing the proposed Home Depot project on Bayshore Blvd. File No. 051446, Copy: Each Supervisor. Received 2 letters. (44)

From Ron Wren, expressing opinions regarding George Galloway, Member of Britain's Parliament, visit to the City. (45)

From Gloria L. Young, Clerk of the Board, submitting copy of Memorandum regarding San Francisco Police Commission Vacancy. Copy: Each Supervisor. (46)

From Dare to Dream Attendant Services, LLC, regarding proposal for an emergency on-call attendant service for people with disabilities and seniors. Copy: Each Supervisor. (47)

From concerned citizen, concerning noise caused by DPW's pressure washing trucks in the area of Jones and Leavenworth Streets. Copy: Department of Public Works. (48)

From Round the Diamond, regarding Port of San Francisco Proposed Piers 27-31 Mixed Use Recreation Project Fiscal Feasibility. File No. 051603, Copy: Each Supervisor. (49)

From concerned citizens, expressing concerns regarding proposition H, Firearm Ban. Received 2 letters. Copy: Each Supervisor. (50)

From John Schambre, expressing concerns regarding MUNI not having sufficient stock of parts to repair buses that break down. (51)

From Florence Fung, submitting copies of several letters to various City departments regarding alleged damage caused to her property due to the West Portal Public Library Project. (52)

From Department of Alcoholic Beverage Control, submitting application for exchange of Liquor License located at 56 Belden St. (53)

From Neil Signo, commenting on news stories about the war in Iraq/Iran and a pumpkin patch that was vandalized in Half Moon Bay. (54)

ADJOURNMENT

Meeting Procedures

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

Disability access

The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
ú For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ú For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance

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

Lobbyist Registration and Reporting Requirements

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

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Meeting Minutes for September 27, 2005.

	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 Budget and Finance Committee






		Present: Supervisors Ammiano, Mirkarimi, Elsbernd

1.	050883	[Designating a sole source contractor for the art elements of the 24th and York Mini Park]	Supervisor Ammiano
		Ordinance designating Precita Eyes Muralists as the sole source contractor for the art elements of the 24th and York Mini Park and waiving the competitive procurement requirements of San Francisco Administrative Code Chapter 6 for these services.


		10/18/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	051596	[Contract Amendment for Muni Metro East Light Rail Facility]
		Resolution authorizing the Director of Transportation to execute the Tenth Amendment to San Francisco Municipal Railway Contract No. CS-116, Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility with Gannett Fleming, Inc. for an amount not to exceed $3,313,629, for a total contract amount not to exceed $12,262,990, and for a contract extension of two and one-half years, for a total contract term of ten years. (Municipal Transportation Agency)

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

3.	051635	[FY 2005-06 California Constitution Appropriations Limit]	Supervisor Peskin
		Resolution establishing the appropriations limit for Fiscal Year 2005-06 pursuant to California Constitution Article XIII B.



		Question: Shall this Resolution be ADOPTED?

4.	051642	[Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years 2004-2005 and 2005-06]	Supervisor Peskin
		Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years ending June 30, 2005 and June 30, 2006.



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the City Operations and Neighborhood Services Committee




		Present: Supervisors Dufty and Ma

5.	051387	[Temporary Occupancy of Commercial Vehicle Parking Meters]	Supervisor Peskin
		Resolution establishing temporary occupancy of a portion of the commercial vehicle parking meters on the north side of Post Street between Kearny and Montgomery from 8:30 am to 5:00 pm on every Thursday beginning July 14, 2005 through November 30, 2006.



		Question: Shall this Resolution be ADOPTED?

6.	051497	[Liquor License, 2339 Third Street]
		Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 3699 17th Street to 2339 Third Street, Suite 19 to Jason Walthall for Taste Inc. 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?

7.	051670	[State funding for California Healthcare for Indigents Program (CHIP) allocation for medical services to indigent persons]	Supervisor Ma
		Resolution authorizing the Department of Public Health to accept and expend retroactively a grant allocation in the amount of $2,622,282 for Fiscal Year 2005-06 funding from the State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials and supplies, and personal services; for the period of July 1, 2005, to June 30, 2006.



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Rules Committee




		Present: Supervisors Mirkarimi, Dufty, Peskin

8.	050867	[San Francisco Community Health Joint Powers Authority Conflict of Interest Code]	Supervisor Ammiano
		Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by adding section 3.1-417 to create a conflict of interest code for the San Francisco Community Health Joint Powers Authority.


		10/18/2005, 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:______________________________________________

9.	051250	[Medical cannabis guidelines and medical cannabis dispensary zoning and permitting]	Supervisor Mirkarimi
		Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house residential-mixed zoning districts, industrial districts, and certain mixed use districts; prohibit new medical cannabis dispensaries in neighborhood commercial cluster (NC-1) districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to schools, community centers, and facilities providing substance abuse services that are licensed or certified by the State of California or funded by the Department of Public Health; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require the Planning Commission to hold a discretionary review hearing on each medical cannabis dispensary application; require dispensaries operating as of April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or must cease operations; require dispensaries beginning operation after April 1, 2005 but before the effective date of this legislation to cease operations; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan; Amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical cannabis possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries including signage and advertising requirements; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations; Amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and, Amending the San Francisco Business and Tax Regulations Code by amending Section 1 to add Sections 1.177 to authorize the Department of Health to issue medical cannabis dispensary permits.


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

		10/18/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		10/18/2005, CONTINUED. Continued as amended to October 25, 2005.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

10.	051747	[Setting a permit application fee and an annual license fee for medical cannabis dispensaries]	Supervisor Mirkarimi
		Ordinance amending the San Francisco Health Code to add Section 3204 setting an application fee for a medical cannabis dispensary permit and amending the Business and Tax Regulations Code to add Section 249.17 to provide for an annual license fee for permitted medical cannabis dispensaries.


		10/18/2005, AMENDED. Amended by replacing "$6,110 with $6,691".

		10/18/2005, CONTINUED. Continued as amended to October 25, 2005.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

11.	050922	[Payroll Expense Tax Exclusion for qualified clean energy technology businesses]	Supervisors McGoldrick, Alioto-Pier, Mirkarimi, Elsbernd, Ma
		Ordinance amending the Payroll Expense Tax Ordinance to establish a tax exclusion for qualified clean energy technology businesses, as specified.


		10/11/2005, CONTINUED. Continued to October 25, 2005 Supervisor Ma requested to be added as a co-sponsor.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendation of the Government Audit and Oversight Committee






		Present: Supervisors Peskin, Elsbernd, Daly

12.	051674	[Settlement of Lawsuit - CCSF et al., v. Myers Natoma Venture, et al.]	Mayor, Supervisor Daly
		Ordinance authorizing settlement of the eminent domain action filed by the City and County of San Francisco against Myers Natoma Venture, LLC, filed on October 8, 2004 and amended on November 5, 2004, in San Francisco Superior Court, No. 04-435-334; entitled City and County of San Francisco, et al., v. Myers Natoma Venture, LLC, et al.; and authorizing settlement of the lawsuit filed by Myers Natoma Venture and Myers Development Company against the City and County of San Francisco, the Transbay Joint Powers Authority, and the Peninsula Corridor Joint Powers Board, filed on July 16, 2004 in San Francisco Superior Court, No. 04-504-363, entitled Myers Natoma Development, et al., v. City and County of San Francisco, et al., for fifty-eight million dollars ($58,000,000) payable by the Transbay Joint Powers Authority with funding from the San Francisco County Transportation Authority and the Metropolitan Transportation Commission; other material terms of said settlement are that the San Francisco County Transportation Authority and the Metropolitan Transportation Commission are to take title to 80 Natoma Street if the Transbay Terminal Project fails to meet deadlines in the Cooperative Agreement for commencement of terminal operations, Myers waives any right to refile claims related to the June 2004 suspension of its permit for 80 Natoma, as well as the terms and conditions as provided in Exhibit A.


		10/18/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		10/18/2005, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the City Operations and Neighborhood Services Committee






		Present: Supervisors McGoldrick, Dufty

13.	050253	[Proposition 65 Ordinance - Safe Drinking Water and Toxic Enforcement Act of 1986]	Supervisor Mirkarimi
		Ordinance amending the San Francisco Health Code by adding Section 456.6, to require the Department of Public Health to Enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and its implementing regulations with respect to foods which are subject to a state or federal Department of Health and Human Services, Food and Drug Administration, or Environmental Protection Agency safety advisory where said advisory is regarding a substance included on the Proposition 65 list issued by the State of California Environmental Protection Agency and to require certain food establishments to provide Proposition 65 warnings in English, Spanish, and Chinese.


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

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

		10/18/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		10/18/2005, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Budget and Finance Committee






		Present: Supervisors Ammiano, Mirkarimi, Elsbernd

14.	051297	[Accept-Expend Corporate Grant - Department of the Environment]	Supervisor Ma
		Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $61,223.20 from Air Products and Chemicals, Incorporated (Inc.) for completion of site work for a hydrogen fueling station.


		7/19/2005, REFERRED to Budget and Finance Committee. Supervisor Daly requested that this matter be referred to Committee.


		Question: Shall this Resolution be ADOPTED?

	From the Budget and Finance Committee Without Recommendation

15.	051599	[Official Advertising - Type 1 for Consecutive Day Publication and Type 2 for Non-Consecutive Day Publication]
		Resolution designating the San Francisco Chronicle and Examiner to be the official newspapers of the City and County of San Francisco for the category of Type 1 consecutive day, and Type 2 non consecutive day official advertising services for the fiscal year commencing upon Board of Supervisors and Mayoral approval and ending June 30, 2006. (Office of Contract Administration)



		Question: Shall this Resolution be ADOPTED?

16.	051534	[Public Hearing - Sidewalk Assessment Costs 534 Octavia Street]
		Hearing of persons interested in or objecting to 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. (Clerk of the Board)



		Action:___________________________

17.	051532	[Report of assessment costs for sidewalk and curb repairs - 534 Octavia Street]
		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.

		(DPW Order No. 175,586; Location: 534 Octavia Street.)

		Question: Shall this Resolution be ADOPTED?

	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.

18.	051222	[Public Hearing - Appeal of Categorical Exemption from Environmental Review for 899 North Point Street]
		Hearing of persons interested in or objecting to the decision of the Planning Department dated April 22, 2005, exempting from environmental review under Categorical Exemption, State CEQA Guidelines Sections 15303(b) and General Rule Exclusion, under CEQA Guidelines Section 15061(b)(3). The proposed project would involve the demolition of a vacant gas station building, approximately 1,650 square feet in size, and construction of a four-story, five-unit residential building. The proposed project would provide seven off-street parking spaces on the ground floor. Entrance and access to the residential units would be from Larkin Street and vehicular entrance and access would be from North Point Street. The project site at 899 North Point Street (Assessor's Block 0026, Lot 020) is approximately 5,469 square feet in size and located on the southeastern corner of North Point and Larkin Streets in the Russian Hill neighborhood on the block bounded by Larkin, North Point, Hyde and Bay Streets. The project site is zoned RH-3 (Residential, House, Three-Family) and is within a 40-X height and bulk district. The project site is also located in the Waterfront Special Use District No. 2, per Section 240.2 of the San Francisco Planning Code. (Appellant: Stephen M. Williams.)

		(Filed June 17, 2005; companion measure to Files 051223, 051224, 051225; District 2.)
		7/26/2005, CONTINUED. Continued to August 9, 2005

		8/9/2005, CONTINUED. Continued to September 20, 2005

		9/20/2005, CONTINUED. Continued to October 11, 2005

		10/11/2005, CONTINUED. Continued to October 25, 2005


		Action:___________________________