Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

Legislative Chamber - Second Floor
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

AGENDA
Tuesday, November 8, 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 October 11, 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 12

Recommendations of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

1. 051460 [Subdivision Code fees] Supervisor Dufty
Ordinance amending the Subdivision Code section 1315 to adopt new fees for air space maps, lot subdivisions, condominium conversions, parcel maps, lot merger and resubdivision maps, amended maps, lot line adjustments, lot mergers, certificates of compliance, certificates of correction, records of survey, and other mapping actions and to provide for an annual adjustment of such fees based on the relevant consumer price index; and making environmental findings.

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

11/1/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

2. 051461 [Survey Monument Preservation Fee and Fund] Supervisor Dufty
Ordinance amending the San Francisco Administrative Code by adding Section 8.24-6, to authorize the imposition of a $10 grant deed recordation user fee and by adding Section 10.100-50, to create the County Surveyor's Survey Monument Preservation Fund for the deposit and collection of the fee for use by the County Surveyor for the retracement or remonument survey of major historical vertical or horizontal land division lines; amending the San Francisco Subdivision Code by adding Section 1340.1, to authorize the County Surveyor to use the proceeds collected from imposition of the fee to pay for the retracement or remonument survey of major historical vertical or horizontal land division lines; and making environmental findings.

11/1/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

3. 051508 [Establishing a Visitacion Valley Community Facilities and Infrastructure Fee and Fund] Supervisor Maxwell
Ordinance adding Planning Code Sections 319 through 319.7 to impose a $4.58 per square foot fee on new residential development in the Visitacion Valley area, to establish a Visitacion Valley Community Facilities and Infrastructure Fund to mitigate impacts from residential development on public infrastructure in Visitacion Valley including libraries, streets, playgrounds, recreational facilities, and community centers, and making findings including findings under the California Environmental Quality Act.

11/1/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

4. 051509 [General Plan Amendment in connection with the Executive Park -- Candlestick Cove Project] Supervisor Maxwell
Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Executive Park -- Candlestick Cove Project; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the General Plan and the eight Priority Policies of Planning Code Section 101.1.

11/1/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

5. 051357 [Requiring the Office of Emergency Services to submit a written report following any declared emergency, activation of the City's Emergency Operations Center, or credible disaster Supervisor Mirkarimi
Ordinance amending the San Francisco Administrative Code by adding Section 7.4-1, to require the Office of Emergency Services to submit a written report to the Disaster Council and the Board of Supervisors following any declared emergency, activation of the City's Emergency Operations Center, or credible disaster warning.

11/1/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Mirkarimi, Peskin

6. 051354 [Settlement of Lawsuit - George Q. Chen]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against George Q. Chen, for a payment to the Airport in the amount of $113,800.00, and on certain other terms; the lawsuit was filed on December 1, 2003, in United States Bankruptcy Court for the Northern District of California, Adversary Case No. 03-3713 DM and entitled City and County of San Francisco v. George Q. Chen. (City Attorney)

11/1/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 051583 [Settlement of Lawsuit - Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al]
Ordinance authorizing settlement of the lawsuit filed by Frederick Meiswinkel, Inc. for $1,800,000 against the Hunt Construction Group, Inc. and Hunt cross-complaint against the City and County of San Francisco seeking indemnity from the claims brought by Meiswinkel; the lawsuit was filed on March 2, 2004 in San Francisco Superior Court, Case No. CGC -04-429249; entitled, Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al; other material terms of said settlement are nonmaterial terms. (City Attorney)

11/1/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

8. 051584 [Settlement of Lawsuit - Kaiser Foundation Hospitals]
Ordinance authorizing settlement of the lawsuit filed by Kaiser Foundation Hospitals against the City and County of San Francisco for $67,500.00; the lawsuit was filed on May 4, 2005 in San Francisco Superior Court, Case No. 429-909; entitled Kaiser Foundation Hospitals v. City and County of San Francisco. (City Attorney)

11/1/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

9. 051598 [Settlement of Lawsuit - King C. Electric, Inc.]
Ordinance authorizing settlement of the lawsuit filed by King C. Electric, Inc. against the City and County of San Francisco according to the following terms: a) King C. Electric, Inc. ("KCE") pays one hundred nine thousand one hundred eighty-five dollars and ninety-three cents ($109,185.93) to the City; b) the City pays seventy-eight thousand nine hundred eighty-three dollars and twenty-one cents ($78,983.21) to KCE; and c) KCE is debarred from performing construction contracts on City-owned projects for two and a half years. The lawsuit was filed on April 14, 2004 in the Superior Court of the City and County of San Francisco, Case No. CGC-o4-430671; entitled King C. Electric, Inc. v. City and County of San Francisco et al. and related cross-action. (City Attorney)

11/1/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

10. 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)

11/1/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

11. 051661 [Settlement of Lawsuit - Walter Reed]
Ordinance authorizing the settlement of a lawsuit filed by Walter Reed against the City and County of San Francisco for $36,000.00; the lawsuit was filed on December 15, 2003, in San Francisco Superior Court, Case No. 414322, entitled Walter Reed v. City and County of San Francisco, et al. (City Attorney)

11/1/2005, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

12. 051716 [Settlement of Unlitigated Claim - The Hertz Corporation] Supervisor Ammiano
Resolution authorizing settlement of an unlitigated claim with The Hertz Corporation, for a payment to the City in the amount of $250,000.00, and on certain other terms.

11/1/2005, CONTINUED. Continued to November 8, 2005

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

13. 051744 [Adopting findings related to affirming the categorical exemption for 1070 Sanchez Street]
Motion adopting findings affirming the determination by the Planning Department that the 1070 Sanchez Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

10/24/2005, REFERRED to Board of Supervisors.

11/1/2005, CONTINUED. Continued to November 8, 2005

Question: Shall this Motion be ADOPTED?

From the Board

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

14. 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

10/25/2005, CONTINUED. Continued to November 1, 2005

11/1/2005, CONTINUED. Continued to November 8, 2005

Question: Shall this Motion be ADOPTED?

15. 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

10/25/2005, CONTINUED. Continued to November 1, 2005

11/1/2005, CONTINUED. Continued to November 8, 2005

Question: Shall this Motion be ADOPTED?

16. 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

10/25/2005, CONTINUED. Continued to November 1, 2005

11/1/2005, CONTINUED. Continued to November 8, 2005

Question: Shall this Motion be ADOPTED?

Recommendation of the Government Audit and Oversight Committee

Present: Supervisors Peskin, Elsbernd

17. 051414 [Board review required for annual or otherwise recurring grant applications of $5,000,000 or more] Supervisor Maxwell
Ordinance amending Section 10.170 of the Administrative Code to require Board review of proposed annual or otherwise recurring grant applications of $5,000,000 or more prior to their submission.

11/1/2005, CONTINUED. Continued to November 8, 2005

Question: Shall this Ordinance be PASSED ON FIRST READING?

From the Land Use Committee Without Recommendation

Present: Supervisors Maxwell, Sandoval, McGoldrick

18. 051398 [Mission Bay South - Ordering Street Vacation of portions of Fourth Street]
Ordinance ordering the vacation of two (2) portions of Fourth Street from Third Street north to Channel Street; authorizing a grant in fee title of the City and County of San Francisco's rights and interest in the vacated areas to FOCIL; authorizing reservations of certain utility easements in the vacated areas; adopting findings that such vacation of Fourth Street is consistent with the City General Plan and eight policies of City Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; adopting findings pursuant to the California Environmental Quality Act (CEQA); accepting Department of Public Works Order No. 175,536; and authorizing official acts in connection with this Ordinance. (Public Works Department)

9/27/2005, AMENDED. Amended to replace "4:00 p.m." with "3:00 p.m."

9/27/2005, CONTINUED. Continued to November 1, 2005 for a public hearing at 3:00 p.m.

11/1/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

19. 051581 [Street Artist Winter Holiday Spaces]
Resolution approving temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 2005, beginning on November 15, 2005 and ending on January 15, 2006. (Arts Commission)

Question: Shall this Resolution be ADOPTED?

From the Land Use Committee Without Recommendation

Present: Supervisors Maxwell, Sandoval, McGoldrick

20. 051462 [Condominium conversion lottery based on seniority of participation] Supervisor Dufty
Ordinance amending Subdivision Code Section 1396.1 to prioritize the condominium conversion lottery based on seniority of participation in prior lotteries and making environmental findings.

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 4:00 P.M.

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

21. 051755 [Public Hearing - Appeal of Categorical Exemption from Environmental Review for 733-27th Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 24, 2005, exempting from environmental review under Categorical Exemption [State CEQA Guidelines, Section 15301 (Class 1)] the proposed interior renovations, fa�ade alteration and horizontal and vertical extensions of the existing two-family residence. The existing two-story building is approximately 1,848 feet in size and has one off-street parking space. Upon completion of the proposed project, the building would have two residential units in a three-story, approximately 4,700 square-foot building with two off-street parking spaces in the ground floor garage. The proposed project would result in a horizontal addition that would extend the existing building about six feet to the north property line and 18 feet west into the rear yard and a vertical addition that would add a third floor to the existing building. The project would also include interior renovations and alteration of the fa�ade.

The approximately 3,710 square-foot project site is located at 733-27th Avenue (Assessor's Block 1617, Lot 3), The project is within RH-2 (House, Two-Family) zoning district and within a 40X height and bulk district. (Appellant: Stephen M. Williams representing the neighbors of the above-referenced project.)

(Filed 10/13/05; companion measure to Files 051756, 051758, 051758; District 1.)

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.)

22. 051756 [Affirming the categorical exemption issued for 733-27th Avenue]
Motion affirming the determination by the Planning Department that the 733-27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

23. 051757 [Disapproving the categorical exemption issued for 733-27th Avenue]
Motion disapproving the determination by the Planning Department that the 733-27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

24. 051758 [Preparation of findings related to the categorical exemption issued for 733-27th Avenue]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 733-27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

25. 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.

26. 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 27 through 35

27. 051829 [Emergency Disadvantaged Business Enterprise Program - November 15, 2005 - 4 p.m. Committee of the Whole] Supervisor Ma
Motion for the Board of Supervisors to convene as a committee of the whole on November 15, 2005, at 4:00 p.m. to accept public testimony concerning the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

28. 051828 [Extension of Arts Task Force through January 31, 2006] Supervisor Ammiano
Resolution extending the operations of the Arts Task Force through January 31, 2006.

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 051830 [International Education Week] Supervisor Ma
Resolution declaring the week of November 14-18, 2005 as "International Education Week" in the City and County of San Francisco.

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 051831 [Accept and Expend Grant - Sheriff's Department program providing employment and education services for young offenders in the county jail and after their release] Supervisor Ma
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $311,603 from the Substance Abuse & Mental Health Services Administration for providing jail diversion opportunities involving integrated mental health and substance abuse treatment for incarcerated women.

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 051832 [Designating November 13, 2005 as Sisters of the Presentation Day] Supervisor McGoldrick
Resolution designating November 13, 2005 as Sisters of the Presentation Day.

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 051833 [Commending Hayes Valley Community Partners] Supervisor Mirkarimi
Resolution commending the Hayes Valley Community Partners for organizing four neighborhood Halloween celebrations.

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 051834 [Urging Governor Schwarzenegger to grant Stanley Tookie Williams' request for clemency] Supervisor Mirkarimi
Resolution urging Governor Schwarzenegger to grant Stanley Tookie Williams' request for clemency and to support AB-1121, the "California Moratorium on Executions Act."

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 051835 [Accept-expend State Grant Funds available under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002] Mayor, Supervisor Daly
Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a local assistance grant in the amount of $1,049,000 available under the Urban Park Act of 2001 Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the development of the South of Market Area Park.

11/1/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 051817 [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.

11/1/2005, 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:_________________________________________

36. 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 25, 2005 through October 31, 2005, for reference by President to appropriate committee on November 8, 2005.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from October 25, 2005 through October 31, 2005, for reference by President to appropriate committee on November 8, 2005.
None.

051856 [Petitions and Communications]
Petitions and Communications received from October 25, 2005 through November 1, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 8, 2005.

From Sue Hestor, concerning appeal of the proposed Home Depot project at 491 Bayshore Boulevard. File 051445, Copy: Each Supervisor(1)

From concerned citizens, submitting support for opening a Home Depot store on Bayshore Boulevard.File 051445, Copy: Each Supervisor(2)

From concerned citizens, submitting opposition to opening a Home Depot store on Bayshore Boulevard. File 051445, Copy: Each Supervisor(3)

From Matthew Brennan, submitting support for the project at 901 Bush Street as it stands, and urging the Board of Supervisors to accept the appeal and approve the subdivision map. File 051751, Copy: Each Supervisor(4)

From the War Memorial and Performing Arts Center, submitting the Departmental Efficiency Plan for fiscal year 2005-06.(5)

From concerned citizens, urging the Board to approve landmark status for the Music Concourse in Golden Gate Park with protection for the bandshell and the grid of pollard trees.(6)

From Stephen Williams, submitting request for continuance of public hearing of appeal of categorical exemption for 899 North Point Street until November 15, 2005. File 051222, Copy: Each Supervisor(7)

From Union Square Business Improvement District, submitting Annual Report for 2005 that proposes to increase the special assessment in accordance with the "Reauthorization Management District Plan" that was approved by the Board of Supervisors. Copy: Each Supervisor(8)

From Americans for Safe Access San Francisco, submitting support for proposed ordinance regulating medical cannabis facilities. File 051250, Copy: Each Supervisor(9)

From Sheriff's Department, submitting the Departmental Efficiency Plan for fiscal year 2005-06.(10)

From Department of Public Health, submitting notice that SF General Hospital will exceed its salary appropriation by an estimated $2 million or 1.0% for the quarter ending September 30, 2005.(11)

From St. Luke's Hospital, submitting notice that the St. Luke's Hospital Board of Directors has approved the creation of a combined St. Luke's/CPMC Turnaround Committee that will have the authority and responsibility for operational decisions at St. Luke's in the coming months. File 051626(12)

From Office of the Controller, submitting the City Services Auditor Annual Report for fiscal year 2004-05.(13)

From concerned citizens, submitting request for continuance of proposed legislation regarding the "Better Neighborhoods Planning and Implementation Process" until such time as said legislation is modified. Copy: Each Supervisor(14)

From Office of the City Attorney, submitting notice that an appeal of negative declaration for 680 Illinois Street/2075 Third Street was filed in a timely manner with the Board of Supervisors. File 051740, Copy: Each Supervisor(15)

From E. McMillan, submitting copy of letter sent to Assessor-Recorder regarding
mistaken ownership of property.(16)

From Public Utilities Commission, submitting resolution awarding a Design-Build agreement with IMR Roofing for $2,100,000 to build a photovoltaic system at Pier 96.(17)

From Human Services Agency, submitting notice that on November 1, 2005 the Human Services Agency will implement a new computerized welfare eligibility determination system, CalWIN. Copy: Each Supervisor(18)

From Department of Public Works, regarding the fiscal feasibility of the Bayview Transportation Improvement Project. Copy: Each Supervisor(19)

From Office of the Treasurer & Tax Collector, submitting quarterly report for the Bureau of Delinquent Revenue for the period July 1, 2005 through September 30, 2005.(20)

From Office of the District Attorney, submitting the Departmental Efficiency Plan for fiscal year 2005-06.(21)

From Civil Service Commission, submitting the Departmental Efficiency Plan for fiscal year 2005-06.(22)

From Department of the Environment, submitting the Departmental Efficiency Plan for fiscal year 2005-06.(23)

From concerned citizens, submitting support for enforcement of the leash law in the Golden Gate National Recreation Area.(24)

From Recreation and Park Department, commenting on the draft preliminary Environmental Impact Statement Report for the Doyle Drive Project.(25)

From Landmarks Preservation Advisory Board, urging the Board of Supervisors to designate 150 Otis Street for landmark status.File 051521, Copy: Land Use Committee members(26)

From City of Pittsburg, submitting notice of meeting on the Trans Bay Cable Project on November 3, 2005.(27)

From Planning Department, regarding SFPUC Calaveras Dam replacement project notice of preparation of an environmental impact report and note of public scoping meetings.(28)

From Planning Department, submitting additional transportation information for the Home Depot Project. File 051445, Copy: Each Supervisor(29)

Number not used.(30)

From Wolfe & Associates, withdrawing appeal for proposed project at 680 Illinois Street/2075 Third Street. File 051740, Copy: City Attorney(31)

From Kimo Crossman, regarding public records request forms.(32)

From Office of Contract Administration, regarding public records request forms.(33)

From Office of the City Attorney, submitting notice that the appeal filed concerning medical cannabis dispensaries exemption from environmental review was filed in a timely manner. Files 051250, 051260, Copy: Each Supervisor(34)

From concerned citizens, commenting on the "Better Neighborhoods Process" for Octavia Boulevard. File 050601(35)

From Department of Parking and Traffic, responding to inquiry regarding crosswalks at the intersections of Masonic and Waller Streets and Haight and Masonic Streets. (Reference No. 20051018-10) Copy: Supervisor Mirkarimi(36)

From concerned citizens, commenting on Medical Cannabis Dispensaries.(37)

From concerned citizens, regarding zoning controls in District 10.(38)

From concerned citizens, regarding home ownership in San Francisco.(39)

From Victoria, commenting on the lack of Muni service in the Lake Merced area.(40)

From concerned citizens, regarding Susan Cervantes and her family being evicted from their family home of 35 years.(41)

From Debbie Fox, submitting opposition to proposed legislation that would eliminate felony conviction disclosure requirements for prospective City employees.(42)

From Rev. Randi Webster, regarding memorial service for Jane Weirick, a long-time medical cannabis advocate on Thursday, November 3rd and possibly Friday, November 4, 2005. Copy: Supervisor Mirkarimi(43)

From Florence Fung, regarding various issues concerning the construction of the public library on the 900 block of Ulloa Street.(44)

From Denise D'Anne, submitting support for public funding of our mayoral races. Copy: Each Supervisor(45)

From Department of Public Health, submitting the monthly STD report for September 2005.(46)

ADJOURNMENT

Meeting Procedures

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

Disability access

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

Know Your Rights Under the Sunshine Ordinance

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

Lobbyist Registration and Reporting Requirements

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

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Meeting Minutes for October 11, 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.	051460	[Subdivision Code fees]	Supervisor Dufty
		Ordinance amending the Subdivision Code section 1315 to adopt new fees for air space maps, lot subdivisions, condominium conversions, parcel maps, lot merger and resubdivision maps, amended maps, lot line adjustments, lot mergers, certificates of compliance, certificates of correction, records of survey, and other mapping actions and to provide for an annual adjustment of such fees based on the relevant consumer price index; and making environmental findings.


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

		11/1/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	051461	[Survey Monument Preservation Fee and Fund]	Supervisor Dufty
		Ordinance amending the San Francisco Administrative Code by adding Section 8.24-6, to authorize the imposition of a $10 grant deed recordation user fee and by adding Section 10.100-50, to create the County Surveyor's Survey Monument Preservation Fund for the deposit and collection of the fee for use by the County Surveyor for the retracement or remonument survey of major historical vertical or horizontal land division lines; amending the San Francisco Subdivision Code by adding Section 1340.1, to authorize the County Surveyor to use the proceeds collected from imposition of the fee to pay for the retracement or remonument survey of major historical vertical or horizontal land division lines; and making environmental findings.


		11/1/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use Committee






		Present: Supervisors Maxwell, Sandoval, McGoldrick

3.	051508	[Establishing a Visitacion Valley Community Facilities and Infrastructure Fee and Fund]	Supervisor Maxwell
		Ordinance adding Planning Code Sections 319 through 319.7 to impose a $4.58 per square foot fee on new residential development in the Visitacion Valley area, to establish a Visitacion Valley Community Facilities and Infrastructure Fund to mitigate impacts from residential development on public infrastructure in Visitacion Valley including libraries, streets, playgrounds, recreational facilities, and community centers, and making findings including findings under the California Environmental Quality Act.


		11/1/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	051509	[General Plan Amendment in connection with the Executive Park -- Candlestick Cove Project]	Supervisor Maxwell
		Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Executive Park -- Candlestick Cove Project; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the General Plan and the eight Priority Policies of Planning Code Section 101.1.


		11/1/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

5.	051357	[Requiring the Office of Emergency Services to submit a written report following any declared emergency, activation of the City's Emergency Operations Center, or credible disaster	Supervisor Mirkarimi
		Ordinance amending the San Francisco Administrative Code by adding Section 7.4-1, to require the Office of Emergency Services to submit a written report to the Disaster Council and the Board of Supervisors following any declared emergency, activation of the City's Emergency Operations Center, or credible disaster warning.


		11/1/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

6.	051354	[Settlement of Lawsuit - George Q. Chen]
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against George Q. Chen, for a payment to the Airport in the amount of $113,800.00, and on certain other terms; the lawsuit was filed on December 1, 2003, in United States Bankruptcy Court for the Northern District of California, Adversary Case No. 03-3713 DM and entitled City and County of San Francisco v. George Q. Chen. (City Attorney)


		11/1/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

7.	051583	[Settlement of Lawsuit - Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al]
		Ordinance authorizing settlement of the lawsuit filed by Frederick Meiswinkel, Inc. for $1,800,000 against the Hunt Construction Group, Inc. and Hunt cross-complaint against the City and County of San Francisco seeking indemnity from the claims brought by Meiswinkel; the lawsuit was filed on March 2, 2004 in San Francisco Superior Court, Case No. CGC -04-429249; entitled, Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al; other material terms of said settlement are nonmaterial terms. (City Attorney)


		11/1/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	051584	[Settlement of Lawsuit - Kaiser Foundation Hospitals]
		Ordinance authorizing settlement of the lawsuit filed by Kaiser Foundation Hospitals against the City and County of San Francisco for $67,500.00; the lawsuit was filed on May 4, 2005 in San Francisco Superior Court, Case No. 429-909; entitled Kaiser Foundation Hospitals v. City and County of San Francisco. (City Attorney)


		11/1/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	051598	[Settlement of Lawsuit - King C. Electric, Inc.]
		Ordinance authorizing settlement of the lawsuit filed by King C. Electric, Inc. against the City and County of San Francisco according to the following terms: a) King C. Electric, Inc. ("KCE") pays one hundred nine thousand one hundred eighty-five dollars and ninety-three cents ($109,185.93) to the City; b) the City pays seventy-eight thousand nine hundred eighty-three dollars and twenty-one cents ($78,983.21) to KCE; and c) KCE is debarred from performing construction contracts on City-owned projects for two and a half years. The lawsuit was filed on April 14, 2004 in the Superior Court of the City and County of San Francisco, Case No. CGC-o4-430671; entitled King C. Electric, Inc. v. City and County of San Francisco et al. and related cross-action. (City Attorney)


		11/1/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

10.	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)


		11/1/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

11.	051661	[Settlement of Lawsuit - Walter Reed]
		Ordinance authorizing the settlement of a lawsuit filed by Walter Reed against the City and County of San Francisco for $36,000.00; the lawsuit was filed on December 15, 2003, in San Francisco Superior Court, Case No. 414322, entitled Walter Reed v. City and County of San Francisco, et al. (City Attorney)


		11/1/2005, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

12.	051716	[Settlement of Unlitigated Claim - The Hertz Corporation]	Supervisor Ammiano
		Resolution authorizing settlement of an unlitigated claim with The Hertz Corporation, for a payment to the City in the amount of $250,000.00, and on certain other terms.


		11/1/2005, CONTINUED. Continued to November 8, 2005


		Question: Shall this Resolution be ADOPTED?








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

13.	051744	[Adopting findings related to affirming the categorical exemption for 1070 Sanchez Street]
		Motion adopting findings affirming the determination by the Planning Department that the 1070 Sanchez Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


		10/24/2005, REFERRED to Board of Supervisors.

		11/1/2005, CONTINUED. Continued to November 8, 2005


		Question: Shall this Motion be ADOPTED?

14.	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

		10/25/2005, CONTINUED. Continued to November 1, 2005

		11/1/2005, CONTINUED. Continued to November 8, 2005


		Question: Shall this Motion be ADOPTED?

15.	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

		10/25/2005, CONTINUED. Continued to November 1, 2005

		11/1/2005, CONTINUED. Continued to November 8, 2005


		Question: Shall this Motion be ADOPTED?

16.	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

		10/25/2005, CONTINUED. Continued to November 1, 2005

		11/1/2005, CONTINUED. Continued to November 8, 2005


		Question: Shall this Motion be ADOPTED?

	Recommendation of the Government Audit and Oversight Committee






		Present: Supervisors Peskin, Elsbernd

17.	051414	[Board review required for annual or otherwise recurring grant applications of $5,000,000 or more]	Supervisor Maxwell
		Ordinance amending Section 10.170 of the Administrative Code to require Board review of proposed annual or otherwise recurring grant applications of $5,000,000 or more prior to their submission.


		11/1/2005, CONTINUED. Continued to November 8, 2005


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	From the Land Use Committee Without Recommendation






		Present: Supervisors Maxwell, Sandoval, McGoldrick

18.	051398	[Mission Bay South - Ordering Street Vacation of portions of Fourth Street]
		Ordinance ordering the vacation of two (2) portions of Fourth Street from Third Street north to Channel Street; authorizing a grant in fee title of the City and County of San Francisco's rights and interest in the vacated areas to FOCIL; authorizing reservations of certain utility easements in the vacated areas; adopting findings that such vacation of Fourth Street is consistent with the City General Plan and eight policies of City Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; adopting findings pursuant to the California Environmental Quality Act (CEQA); accepting Department of Public Works Order No. 175,536; and authorizing official acts in connection with this Ordinance. (Public Works Department)


		9/27/2005, AMENDED. Amended to replace "4:00 p.m." with "3:00 p.m."

		9/27/2005, CONTINUED. Continued to November 1, 2005 for a public hearing at 3:00 p.m.

		11/1/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use Committee






		Present: Supervisors Maxwell, Sandoval, McGoldrick

19.	051581	[Street Artist Winter Holiday Spaces]
		Resolution approving temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 2005, beginning on November 15, 2005 and ending on January 15, 2006. (Arts Commission)



		Question: Shall this Resolution be ADOPTED?

20.	051462	[Condominium conversion lottery based on seniority of participation]	Supervisor Dufty
		Ordinance amending Subdivision Code Section 1396.1 to prioritize the condominium conversion lottery based on seniority of participation in prior lotteries and making environmental findings.



		Question: Shall this Ordinance be PASSED ON FIRST READING?