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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 15, 2005
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 4

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

1. 051589 [Traffic Regulations] Supervisor Daly
Resolution enacting and rescinding traffic regulations on various streets.

RIGHT TURN ONLY - RESCIND
RIGHT TURN ONLY ONTO SAN JOSE AVENUE - ESTABLISH
Brook Street, westbound, at San Jose Avenue

NO TURN ON RED - ESTABLISH
Sacramento Street, westbound at Stockton Street; and,
Stockton Street, southbound, at Sacramento Street (to facilitate the installation of pedestrian scramble).

ONE-WAY STREET (NORTHBOUND) - RESCIND
ONE-WAY STREET (SOUTHBOUND) - ESTABLISH
Ritch Street, between Brannan and Bryant Streets (200 block). (Parking and Traffic Department)

Question: Shall this Resolution be ADOPTED?

2. 051597 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Alameda Street, both sides, between Potrero Avenue and Utah Street; and,
Utah Street, west side, between Alameda and 15th Streets.

2-HOUR PARKING, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
Marin Street, both sides, from Evans Avenue easterly to the terminus.

RESIDENTIAL PERMIT PARKING AREA "U" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Langton Street, both sides, from Bryant Street to 272 feet southerly (the end of the public right-of-way (300 block)).

SIDEWALK WIDTH - REDUCE
PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Ingerson Avenue, south side, from 40 feet to 100 feet east of 3rd Street (sidewalk would be reduced from being 25 feet to 15 feet wide).

DIAGONAL (45-DEGREE ANGLE) PARKING - ESTABLISH
Brannan Street, northeast side, from approximately 103 feet east of Colin P. Kelly, Jr. Street to approximately 36 feet west of Delancey Street.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Folsom Street, north side, from 1st Street to 140 feet westerly. (Parking and Traffic Department)

Question: Shall this Resolution be ADOPTED?

3. 051680 [STOP Intersections - Cabrillo Street and 4th Avenue] Supervisor McGoldrick
Resolution establishing a STOP sign on Cabrillo Street and 4th Avenue, stopping on Cabrillo Street, making this intersection a 4 way STOP.

STOP SIGNS - ESTABLISH
Cabrillo Street and 4th Avenue, stopping Cabrillo Street, making this intersection an All-Way STOP.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors McGoldrick, Ma

4. 051725 [Accept-Expend State Grant - Department of Parking and Traffic] Supervisors Ammiano, Ma
Resolution authorizing the Department of Parking and Traffic to apply for, accept and expend a grant in the amount of $706,500 from the California Department of Transportation for Safe Routes to School grant funding.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

5. 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.

10/25/2005, CONTINUED. Continued to November 15, 2005

Question: Shall this Ordinance be PASSED ON FIRST READING?

6. 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.

10/25/2005, CONTINUED. Continued to November 15, 2005

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 051748 [Medical cannabis dispensary application fee increase and adjustment of application and annual license fees 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.

10/25/2005, CONTINUED. Continued to November 15, 2005

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Government Audit and Oversight Committee

Present: Supervisors Peskin, Elsbernd

8. 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

11/8/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

11/8/2005, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

9. 051459 [Parking Restrictions] Supervisor McGoldrick
Ordinance amending the San Francisco Traffic Code by amending Section 3.6.1 to redefine the Downtown Core area, by amending 38.B to prohibit no stopping except for the loading or unloading of passengers or freight in the Downtown Core, by amending 38.B.1 to prohibit no stopping except for the loading or unloading of passengers or freight outside of the Downtown Core, by amending 201.1 to revise the boundaries for Parking Meter Area Number One, and by amending 201.2 to revise the boundaries for Parking Meter Area Number Two.

9/27/2005, RE-REFERRED to City Operations and Neighborhood Services Committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 051605 [Penalties related to dog licensing] Supervisor Dufty
Ordinance amending Article 1, Section 41.25 of the San Francisco Health Code by increasing penalties imposed for failing to license a dog or obtain a young dog certificate from not less than $25 nor more than $50 to exactly $100; and making environmental findings.

Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 051606 [Penalties related to vicious and dangerous dogs] Supervisor Dufty
Ordinance amending Article 1, Section 42.2 of the San Francisco Health Code to transfer authority for registration of vicious and dangerous dogs from the Department of Public Health to the Department of Animal Care & Control, increase the vicious and dangerous dog registration fee from $50 to $250, allow for microchipping as an alternative form of permanent identification for dogs, and clarify standards for outdoor enclosures; amending Section 42.3 to adjust hearing deadlines for vicious and dangerous dog hearings; and amending Section 42.4 making a second or subsequent violation within any 12-month period from the initial incident punishable as a misdemeanor, and to allocate dog registration fees and fines collected for violations of Sections 42 through 42.3 to the Department of Animal Care & Control for enforcement of the vicious and dangerous dog program; and making environmental findings.

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 051607 [Mandating the spaying and neutering of pit bulls and prohibiting non-permitted breeding of pit bulls] Supervisor Dufty
Ordinance amending Article 1 of the San Francisco Health Code by: adding Section 43, to define pit bull and to create a procedure for determining breed; adding Section 43.1, to require every pit bull in the City and County of San Francisco to be spayed or neutered unless one of the enumerated exceptions apply; adding Section 43.2, to establish fines of $100 to $1000 for failing to spay or neuter, to limit an owner from redeeming an impounded unspayed or unneutered pit bull, to provide a procedure for the Department of Animal Care and Control to spay or neuter a pit bull upon a deposit of $100 with an ultimate fee of the actual expenses incurred, and to set a fee of $60 for Animal Care and Control to transport a pit bull to a private veterinarian for spaying or neutering; adding Section 43.3, to allocate fines to the Department of Animal Care and Control; adding Section 43.4 to provide an operative date; adding Section 44, to provide permit requirements for the breeding and/or transferring ownership or possession of pit bull puppies within the City and County of San Francisco; adding Section 44.1, to create a permit procedure including standards for granting or denying a permit and establish a permit fee of $100; adding Section 44.2, to create a procedure for revoking a permit; adding Section 44.3, to require posting of permit numbers on any offer of sale, trade or adoption and to require permit holders to inform the Department of Animal Care and Control of the number of puppies born and transfer of ownership or possession of puppies; adding Section 44.4, to create fines of $100 to $1000 for failure to comply with permit requirements; adding Section 44.5, to allocate fines to the Department of Animal Care and Control; adding Section 44.6, to define exceptions to the breeding permit posting requirements; adding Section 44.7 to provide an operative date; and making environmental findings.

Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 051474 [Parking Regulations] Supervisor McGoldrick
Resolution enacting and rescinding parking regulations at various locations.

PARKING METERS (TO BE IN EFFECT 9 AM TO 6 PM, MONDAY THROUGH SATURDAY, 2-HOUR TIME LIMIT) - ESTABLISH
2nd Street, between Bryant and Townsend Streets
Brannan Street, between 4th and 2nd Street
Folsom Street, between 1st and Spear Streets
Fremont Street, between Folsom and Harrison Streets
Harrison Street, between 2nd and Fremont Streets
Main Street, between Harrison and Folsom Streets
Spear Street, between Folsom and Harrison Streets
Townsend Street, between 2nd and 3rd Streets

TOW-AWAY NO PARKING - RESCIND
Folsom Street, south side, between Main and Spear Streets

Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, McGoldrick

14. 050496 [Increasing height exemption for elevator penthouses from 10 feet to 16 feet] Supervisor Alioto-Pier
Ordinance amending the San Francisco Planning Code by amending Section 260 to increase the height exemption for elevator penthouses from 10 feet to 16 feet so long as the penthouse is limited to the footprint of the elevator shaft, to require that the design of all elevator penthouses in Residential districts be consistent with the "Residential Design Guidelines," to allow the Zoning Administrator to, after a public hearing, grant further exemptions for buildings with height limits of more than 65 feet where such an exemption is required to meet state or federal laws or regulations, and after providing neighborhood notice, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 051769 [Zoning - 16 Month and 15 Day Extension of Interim Moratorium on Medical Cannabis Dispensaries] Supervisor Mirkarimi
Urgency ordinance approving a 16 month and 15 day extension of the interim zoning moratorium throughout the City on clubs or dispensaries where marijuana is grown, purchased or distributed with a medical recommendation and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.

Question: Shall this Ordinance be FINALLY PASSED?

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

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

16. 051836 [Hearing - Emergency ordinance reenacting a Disadvantaged Business Enterprise Program]
Hearing to consider 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. (Clerk of the Board)

Action:___________________________

Committee of the Whole Adjourn and Report Without Recommendation

17. 051821 [Reenacting a Disadvantaged Business Enterprise Program] Supervisor Ma
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.

Question: Shall this Ordinance be FINALLY PASSED?

SPECIAL ORDER 4:00 P.M.

APPEALS 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. 051740 [Public Hearing - Appeal of Final Mitigated Negative Declaration for 680 Illinois Street/2075 Third Street]
Hearing of persons interested in or objecting to the decision of the Planning Department adopted and issued on September 22, 2005, approving the Final Mitigated Negative Declaration (Case No. 2004.0546E), for the proposed demolition of two concrete warehouse/garage structures at 680 Illinois Street and 550 18th Street and construct one 50-foot tall building consisting of 35 dwelling units, 7,000 square feet of retail/commercial space, and about 41 off-street parking spaces. The project fronts on Illinois, Third and 18th Streets. The project would include a total of 74,012 square feet in five-stories, including four commercial spaces totalling 7,000-gsf on the ground floor - two facing Illinois Street, and one facing 18th and Third Streets. The 50,966-sf residential uses would have open space provided through a second story deck. The 10,580-sf parking garage would be at the ground floor and accessed from Illinois Street. The two warehouse structures located at 680 Illinois Street (or 2075 Third Street) and 550 18th Street are included in the Central Waterfront Cultural Resource Survey, the M-2 Zoning district and a 50-X height and bulk district, Assessors Block 3994, Lots 3 and 7. (Appellant: Mark R. Wolfe, Attorney for Patrick Mulligan, Financial Secretary, Carpenters Union Local 22 and Tom McCarthy, member, Carpenters Union Local 22.)

(Filed 10/19/05; companion measure to Files 051741, 051742, 051743; District 10.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the final mitigated negative declaration decision 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.)

19. 051741 [Affirm adoption of the final negative declaration for 680 Illinois Street/2075 Third Street]
Motion affirming Planning Commission adoption of the final negative declaration for 680 Illinois Street/2075 Third Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

20. 051742 [Reversing adoption of the final negative declaration for 680 Illinois Street/2075 Third Street]
Motion reversing the Planning Commission adoption of the final negative declaration for 680 Illinois Street/2075 Third Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

21. 051743 [Preparation of findings to reverse adoption of the final negative declaration for 680 Illinois Street/2075 Third Street]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the final negative declaration for 680 Illinois Street/2075 Third Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:30 P.M.

22. 051801 [Public Hearing - Appeal of Categorical Exemption issued for the Medical Cannabis Dispensary ordinances]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 25, 2005, Case No. 2005.0664E, exempting from environmental review under General Rule Exclusion (State CEQA Guidelines Section 15061(b)(3)), the proposed legislation relating to the San Francisco Medical Cannabis Dispensary Code Amendments. This matter is a companion measure to Board File Nos. 051747, 051748, and 051250. (Appellant: Mr. Bill Barnes).
Version.
(Filed October 21, 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 adopted.)

23. 051802 [Affirming the categorical exemption issued for the Medical Cannabis Dispensary ordinances]
Motion affirming the determination by the Planning Department that the Medical Cannabis Dispensary ordinances are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

24. 051803 [Disapproving the categorical exemption issued for the Medical Cannabis Dispensary ordinances]
Motion disapproving the determination by the Planning Department that the Medical Cannabis Dispensary ordinances are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

25. 051804 [Preparation of findings related to the categorical exemption issued for the Medical Cannabis Dispensary ordinances]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the Medical Cannabis Dispensary ordinances are categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

The following items were considered by the Rules Committee at a Regular Meeting on Wednesday, November 9, 2005 at 10:00 a.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, November 15, 2005.

26. 051586 [Settlement of Lawsuit - Microsoft Corporation, et al.]
Ordinance authorizing settlement of the class-action lawsuit filed by the City and County of San Francisco against Microsoft Corporation for $1,000,000; the lawsuit was filed on August 27, 2004 in San Francisco Superior Court; entitled City and County of San Francisco, et al., v. Microsoft Corporation, et al.; Microsoft removed the action to federal court and then transferred the action to the United States District Court for the District of Maryland. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 051811 [Settlement of Lawsuit - Lucia Wong]
Ordinance authorizing settlement of the lawsuit filed by Lucia Wong against the City and County of San Francisco for $440,000; the lawsuit was filed on May 5, 2004 in San Francisco Superior Court, Case No. 431-126 and waiver of San Francisco General Hospital lien. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

28. ROLL CALL FOR INTRODUCTIONS

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

29. PUBLIC COMMENT

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

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 29 through 34

30. 051862 [Averting SFUSD Strike] Supervisor Ammiano
Resolution urging the San Francisco Unified School District and SEIU to come to an agreement that averts a potential strike that would be harmful to the children and youth of San Francisco and rely on information provided by the City Controller where this can be helpful.

11/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 051863 [American Indian Heritage Month] Supervisor Ma
Resolution declaring November 2005 as "American Indian Heritage Month" in the City and County of San Francisco.

11/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 051864 [Extending the term of service for the Power Plant Task Force] Supervisor Maxwell
Resolution to extend the expiration date of the Power Plant Task Force from November 1, 2005 to November 1, 2006.

11/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 051865 [Issuance and Sale of Revenue Bonds - Jewish Home of San Francisco] Supervisor Sandoval
Resolution approving the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $38,000,000 for the financing of the remodeling of and construction of additions to a residential and care facility owned by the Jewish Home of San Francisco.

11/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 051866 [Commending Rabbi Kenneth R. Leitner] Supervisors Sandoval, Dufty, Peskin
Resolution commending Rabbi Kenneth R. Leitner for his exceptional qualities as a religious leader and congratulating him on his installation as the new senior rabbi at the Congregation Beth Sholom.

11/8/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

35. 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 November 1, 2005 through November 7, 2005, for reference by President to appropriate committee on November 15, 2005.

051812 [Settlement of Lawsuit - Theresa Koenig]
Ordinance authorizing settlement of the lawsuit filed by Theresa Koenig against the City and County of San Francisco for $190,000; the lawsuit was filed on November 16, 2001 in San Francisco Superior Court, Case No. 401-374; entitled Theresa Koenig, et al., v. City and County of San Francisco, et al. (City Attorney)

11/4/2005, RECEIVED AND ASSIGNED to Rules Committee.

051813 [Settlement of Lawsuit - Tania Tavasieff Foley]
Ordinance authorizing settlement of the lawsuit filed by Tania Tavasieff Foley against the City and County of San Francisco for $75,000; the lawsuit was filed on September 7, 2004 in San Francisco Superior Court, Case No. 434-496; entitled Tania Tavasieff Foley v. City and County of San Francisco, Mortimer John Joyce, Jr., and Stephen Waichi Wong. (City Attorney)

11/4/2005, RECEIVED AND ASSIGNED to Rules Committee.

051814 [Settlement of Lawsuit - Aircraft Service International, DHL Express (USA) as successor in interest to Airborne Express ("Airborne"), Atlantic Richfield Co., ChevronTexaco, Shell,
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Aircraft Service International, DHL Express (USA) as successor in interest to Airborne Express ("Airborne"), Atlantic Richfield Co., ChevronTexaco, Shell, Signature Flight Support, and Unocal, for the payment to the Airport of environmental clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal). (City Attorney)

11/4/2005, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from November 1, 2005 through November 7, 2005, for reference by President to appropriate committee on November 15, 2005.

051789 [Prevailing wages for workers on public works/improvement projects, workers doing janitorial services, workers in public off-street parking lots, garages, or auto storage facilities,
Resolution fixing prevailing wage rates for (1) workers performing work under City contracts for public work and improvement; (2) workers performing work under City contracts for janitorial services; (3) workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; (4) workers engaged in theatrical or technical services for shows on property owned by the City; and (5) workers performing moving services under City contracts at facilities owned or leased by the City. (Civil Service Commission)

11/3/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

051815 [Additional contract funds to evaluate the integration of buprenorphine treatment into the SFGH AIDS Program]
Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services (SFDPH, CBHS), to enter retroactively into an agreement with the University of California San Francisco (UCSF), the primary contractor, and expend additional funds in the amount of $351,939 to provide local and multi-site evaluation of the integration of buprenorphine treatment into the SFGH AIDS Program, and to add one (I.0) new position funded through this agreement; for the period of September 1, 2004 to August 31, 2009. (Public Health Department)

11/1/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

051885 [Petitions and Communications]
Petitions and Communications received from November 1, 2005 through November 7, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 15, 2005.

From Department of Public Health, submitting twelve executive summaries of the 2005 Title XV evaluation reports for each of the San Francisco detention facilities.(1)

From Adult Probation Department, submitting the Department's Efficiency Plan for fiscal year 2005/06.(2)

From Office of the Controller, submitting the Department's Efficiency Plan for fiscal year 2005/06.(3)

From SF International Airport, submitting the Department's Efficiency Plan for fiscal year 2005/06.(4)

From Ethics Commission, submitting the Department's Efficiency Plan for fiscal year 2005/06.(5)

From Arts Commission, submitting the Department's Efficiency Plan for fiscal year 2005/06.(6)

From Department of Elections, submitting the Department's Efficiency Plan for fiscal year 2005/06.(7)

From Office of the City Attorney, submitting the Department's Efficiency Plan for fiscal year 2005/06.(8)

From Juvenile Probation Department, submitting the Department's Efficiency Plan for fiscal year 2005/06.(9)

From Department of Children, Youth and Their Families, submitting the Department's Efficiency Plan for fiscal year 2005/06.(10)

From Steinhart Aquarium, submitting the Department's Efficiency Plan for fiscal year 2005/06.(11)

From Department of Building Inspection, submitting the Department's Efficiency Plan for fiscal year 2005/06.(12)

From Office of the City Administrator, submitting the Efficiency Plan for the departments under the jurisdiction of the Office of the City Administrator. They include the following: Department of Public Works, Department of Telecommunications and Information Services, Department of Administrative Services, Animal Care and Control, Chief Medical Examiner and Convention Facilities Department for fiscal year 2005/06.(13)

From Department of Child Support Services, submitting the Department's Efficiency Plan for fiscal year 2005/06.(14)

From Emergency Communications Department, submitting the Department's Efficiency Plan for fiscal year 2005/06.(15)

From Office of the Assessor-Recorder, submitting the Department's Efficiency Plan for fiscal year 2005/06.(16)

From Fire Department, submitting the Department's Efficiency Plan for fiscal year 2005/06.(17)

From Law Library, submitting the Department's Efficiency Plan for fiscal year 2005/06.(18)

From Human Rights Commission, submitting the Department's Efficiency Plan for fiscal year 2005/06.(19)

From Mayor's Office, submitting the Department's Efficiency Plan for fiscal year 2005/06.(20)

From Municipal Transportation Agency, submitting the Department's Efficiency Plan for fiscal year 2005/06.(21)

From Fine Arts Museums, submitting the Department's Efficiency Plan for the de Young and Legion of Honor Museums, fiscal year 2005/06.(22)

From Asian Art Museum, submitting the Department's Efficiency Plan for fiscal year 2005/06.(23)

From Planning Department, submitting the Department's Efficiency Plan for fiscal year 2005/06.(24)

From Police Department, submitting the Department's Efficiency Plan for fiscal year 2005/06.(25)

From Department on the Status of Women, submitting the Department's Efficiency Plan for fiscal year 2005/06.(26)

From the Port, submitting the Department's Efficiency Plan for fiscal year 2005/06.(27)

From Office of the Public Defender, submitting the Department's Efficiency Plan for fiscal year 2005/06.(28)

From Department of Public Health, submitting the Department's Efficiency Plan for fiscal year 2005/06.(29)

From Employees' Retirement System, submitting the Department's Efficiency Plan for fiscal year 2005/06.(30)

From Health Service System, submitting the Department's Efficiency Plan for fiscal year 2005/06.(31)

From Public Utilities Commission, submitting the Department's Efficiency Plan for fiscal year 2005/06.(32)

From Department of Human Resources, submitting the Department's Efficiency Plan for fiscal year 2005/06.(33)

From Human Services Agency, submitting the Department's Efficiency Plan for fiscal year 2005/06.(34)

From Office of the Treasurer & Tax Collector, submitting the Department's Efficiency Plan for fiscal year 2005/06.(35)

From Sue Hestor, submitting letter documenting two issues showing the insufficiency of the Home Depot Final Environmental Impact Report. File 051447, Copy: Each Supervisor, City Attorney(36)

From Planning Department, submitting a reduced project proposal and environmental analyses for the Home Depot project at 491 Bayshore Boulevard. File 051445, Copy: Each Supervisor, City Attorney(37)

From Planning Department, responding to a memo by Sue Hestor on behalf of Cole Hardware regarding the Home Depot project. File 051445, Copy: Each Supervisor, City Attorney(38)

From Cassidy, Shimko & Dawson, regarding the proposed Home Depot project at 491 Bayshore Boulevard. File 051445(39)

From Cassidy, Shimko & Dawson, submitting proposed revisions to proposed Home Depot project at 491 Bayshore Boulevard. File 051445, 2 letters(40)

From Department of Elections, submitting request for waiver of Administrative Code Chapters 12B and 12C for Enterprise Rent-a-Car.(41)

From William Lim, submitting support for the Planning Commission's decision exempting the proposed renovation at 733 -27th Avenue from environmental review. File 051755, Copy: Each Supervisor(42)

From Edith McMillan, submitting copy of letter sent to the Mayor and the Assessor-Recorder regarding mistaken ownership of property.(43)

From Department of Elections, submitting diagram of the parking areas that will be reserved for the Department of Elections on Election Day, November 8, 2005.Copy: Each Supervisor(44)

From the Port, submitting "As-Needed Professional Services Contracts" Quarterly Report.(45)

From Carrie Peters, submitting request for a Type 40 liquor license for Semere Mesfun dba Unity Caf� at 1661 Fillmore Street.(46)

From Mathew Brennan, submitting request that public hearing for 901 Bush Street be continued to November 22, 2005. File 051751 (47)

From Department of Parking and Traffic, responding to inquiry with respect to the westbound streetcar stop on Ocean Avenue at San Leandro Way. (Reference No. 20050621-016) Copy: Supervisor Elsbernd(48)

From Police Department, submitting request for waiver of Administrative Code Chapters 12B and 12C for SMG (San Francisco Convention Facilities) at 747 Howard Street.(49)

From Human Services Agency, submitting quarterly report for the Human Services Card Fund. (50)

From Americans for Safe Access San Francisco, submitting support for proposed ordinance regulating medical cannabis facilities. File 051250(51)

From Public Utilities Commission, regarding the feasibility of improving the lighting on Persia Street at Dublin and Prague Streets. (Reference No. 20050927-006) Copy: Supervisor Sandoval(52)

From Planning Department, responding to the letter of appeal regarding the issuance of a Categorical Exemption for the proposed project at 733 27th Avenue. File 051755(53)

From Supervisor Dufty, submitting copy of letter sent to constituent regarding the Halloween event in the Castro.(54)

From John Goldberg, Mission Station, submitting copy of letter sent to constituent regarding the Halloween event in the Castro.(55)

From Randy Tashjian, submitting support for multilingual mercury in seafood warning signs.(56)

From Mike Zelinsky, expressing his opinion on banning the breeding of pit bulls in San Francisco. File 051607, Copy: Each Supervisor(57)

From concerned citizens, submitting support for enforcement of the leash law in the Golden Gate National Recreation Area.(58)

From concerned citizens, submitting support for opening a Home Depot store on Bayshore Boulevard.File 051445, Copy: Each Supervisor(59)

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.File 051590(60)

From John Nulty, submitting agenda from the October 22nd District 6 Town Hall Meeting.(61)

From Airport Commission, submitting request for waiver of Administrative Code Chapters 12B and 12C for DEPFA Bank, New York Branch.(62)

From concerned citizens, submitting request for continuance of public hearing on appeal of project at 729 27th Avenue until mid-December 2005.File 051755(63)

From Law Offices of Stephen Williams, submitting request for continuance of public hearing on appeal of project at 729 27th Avenue until January 10, 2006.File 051755(64)

From Office of the Controller, submitting report concerning the review of the Department of Animal Care and Control's revolving fund.(65)

From Russel Kester, regarding the lack of customer service and common courtesy by some Muni employees. Copy: Muni(66)

From Mary Taylor, submitting several suggestions for the development of Treasure Island.(67)

From Gregg Chadwick, regarding the 72-hour advanced notice requirement for posting "No Parking Signs" on public streets to the start of filming at any given location. Copy: Film Commission(68)

From The SF Bay Guardian, commenting on Supervisor Peskin and the proposed Home Depot store on Bayshore Boulevard. File 051445, Copy: Each Supervisor(69)

From concerned citizens, submitting opposition to opening a Home Depot Store on Bayshore Boulevard. File 051445, Copy: Each Supervisor(70)

From Marc Benson, commenting on various aspects of the picketers' conduct at Cal Pacific Medical Center, Davies Campus that is disrupting to the community. Copy: Supervisor Dufty(71)

From Ahimsa Sumchal, commenting on the public safety helicopter debate.(72)

From Ron Vinson, regarding request for public records from the Department of Telecommunications and Information Services.Copy: Sunshine Ordinance Task Force(73)

From State Department of Health Services, submitting notice that the Children's Medical Services Branch has approved the San Francisco County fiscal year 2005/06 Plan and budgets for carrying out CHDP Program requirements.(74)

From Patricia Walkup, commenting on the "Better Neighborhoods Process" for Octavia Boulevard. File 050601(75)

From Florence Fung, submitting request for graffiti removal along the 900 block of Ulloa Street.(76)

From Randall Cline, commenting on the high price of a parking ticket in San Francisco.(77)

From concerned citizens, submitting various opinions on re-zoning issues in District 10.(78)

From Recreation and Park Department, submitting the Department's Efficiency Plan for fiscal year 2005/06.(79)

ADJOURNMENT

Meeting Procedures

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

Disability access

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

Know Your Rights Under the Sunshine Ordinance

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

Lobbyist Registration and Reporting Requirements

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

Return to Full Board Agendas

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the City Operations and Neighborhood Services Committee






		Present: Supervisors McGoldrick, Dufty, Ma

1.	051589	[Traffic Regulations]	Supervisor Daly
		Resolution enacting and rescinding traffic regulations on various streets. RIGHT TURN ONLY - RESCIND RIGHT TURN ONLY ONTO SAN JOSE AVENUE - ESTABLISH Brook Street, westbound, at San Jose Avenue NO TURN ON RED - ESTABLISH Sacramento Street, westbound at Stockton Street; and, Stockton Street, southbound, at Sacramento Street (to facilitate the installation of pedestrian scramble). ONE-WAY STREET (NORTHBOUND) - RESCIND ONE-WAY STREET (SOUTHBOUND) - ESTABLISH Ritch Street, between Brannan and Bryant Streets (200 block). (Parking and Traffic Department)



		Question: Shall this Resolution be ADOPTED?

2.	051597	[Parking Regulations]
		Resolution enacting and rescinding parking regulations at various locations. PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Alameda Street, both sides, between Potrero Avenue and Utah Street; and, Utah Street, west side, between Alameda and 15th Streets. 2-HOUR PARKING, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH Marin Street, both sides, from Evans Avenue easterly to the terminus. RESIDENTIAL PERMIT PARKING AREA "U" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Langton Street, both sides, from Bryant Street to 272 feet southerly (the end of the public right-of-way (300 block)). SIDEWALK WIDTH - REDUCE PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Ingerson Avenue, south side, from 40 feet to 100 feet east of 3rd Street (sidewalk would be reduced from being 25 feet to 15 feet wide). DIAGONAL (45-DEGREE ANGLE) PARKING - ESTABLISH Brannan Street, northeast side, from approximately 103 feet east of Colin P. Kelly, Jr. Street to approximately 36 feet west of Delancey Street. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Folsom Street, north side, from 1st Street to 140 feet westerly. (Parking and Traffic Department)



		Question: Shall this Resolution be ADOPTED?

3.	051680	[STOP Intersections - Cabrillo Street and 4th Avenue]	Supervisor McGoldrick
		Resolution establishing a STOP sign on Cabrillo Street and 4th Avenue, stopping on Cabrillo Street, making this intersection a 4 way STOP. STOP SIGNS - ESTABLISH Cabrillo Street and 4th Avenue, stopping Cabrillo Street, making this intersection an All-Way STOP.



		Question: Shall this Resolution be ADOPTED?

4.	051725	[Accept-Expend State Grant - Department of Parking and Traffic]	Supervisors Ammiano, Ma
		Resolution authorizing the Department of Parking and Traffic to apply for, accept and expend a grant in the amount of $706,500 from the California Department of Transportation for Safe Routes to School grant funding.



		Question: Shall this Resolution be ADOPTED?






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

	Recommendations of the Budget and Finance Committee




		Present: Supervisors Ammiano, Mirkarimi, Elsbernd

5.	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.

		10/25/2005, CONTINUED. Continued to November 15, 2005


		Question: Shall this Ordinance be PASSED ON FIRST READING?

6.	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.

		10/25/2005, CONTINUED. Continued to November 15, 2005


		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	051748	[Medical cannabis dispensary application fee increase and adjustment of application and annual license fees 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.


		10/25/2005, CONTINUED. Continued to November 15, 2005


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendation of the Government Audit and Oversight Committee






		Present: Supervisors Peskin, Elsbernd

8.	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

		11/8/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		11/8/2005, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	051459	[Parking Restrictions]	Supervisor McGoldrick
		Ordinance amending the San Francisco Traffic Code by amending Section 3.6.1 to redefine the Downtown Core area, by amending 38.B to prohibit no stopping except for the loading or unloading of passengers or freight in the Downtown Core, by amending 38.B.1 to prohibit no stopping except for the loading or unloading of passengers or freight outside of the Downtown Core, by amending 201.1 to revise the boundaries for Parking Meter Area Number One, and by amending 201.2 to revise the boundaries for Parking Meter Area Number Two.


		9/27/2005, RE-REFERRED to City Operations and Neighborhood Services Committee.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

10.	051605	[Penalties related to dog licensing]	Supervisor Dufty
		Ordinance amending Article 1, Section 41.25 of the San Francisco Health Code by increasing penalties imposed for failing to license a dog or obtain a young dog certificate from not less than $25 nor more than $50 to exactly $100; and making environmental findings.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

11.	051606	[Penalties related to vicious and dangerous dogs]	Supervisor Dufty
		Ordinance amending Article 1, Section 42.2 of the San Francisco Health Code to transfer authority for registration of vicious and dangerous dogs from the Department of Public Health to the Department of Animal Care & Control, increase the vicious and dangerous dog registration fee from $50 to $250, allow for microchipping as an alternative form of permanent identification for dogs, and clarify standards for outdoor enclosures; amending Section 42.3 to adjust hearing deadlines for vicious and dangerous dog hearings; and amending Section 42.4 making a second or subsequent violation within any 12-month period from the initial incident punishable as a misdemeanor, and to allocate dog registration fees and fines collected for violations of Sections 42 through 42.3 to the Department of Animal Care & Control for enforcement of the vicious and dangerous dog program; and making environmental findings.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

12.	051607	[Mandating the spaying and neutering of pit bulls and prohibiting non-permitted breeding of pit bulls]	Supervisor Dufty
		Ordinance amending Article 1 of the San Francisco Health Code by: adding Section 43, to define pit bull and to create a procedure for determining breed; adding Section 43.1, to require every pit bull in the City and County of San Francisco to be spayed or neutered unless one of the enumerated exceptions apply; adding Section 43.2, to establish fines of $100 to $1000 for failing to spay or neuter, to limit an owner from redeeming an impounded unspayed or unneutered pit bull, to provide a procedure for the Department of Animal Care and Control to spay or neuter a pit bull upon a deposit of $100 with an ultimate fee of the actual expenses incurred, and to set a fee of $60 for Animal Care and Control to transport a pit bull to a private veterinarian for spaying or neutering; adding Section 43.3, to allocate fines to the Department of Animal Care and Control; adding Section 43.4 to provide an operative date; adding Section 44, to provide permit requirements for the breeding and/or transferring ownership or possession of pit bull puppies within the City and County of San Francisco; adding Section 44.1, to create a permit procedure including standards for granting or denying a permit and establish a permit fee of $100; adding Section 44.2, to create a procedure for revoking a permit; adding Section 44.3, to require posting of permit numbers on any offer of sale, trade or adoption and to require permit holders to inform the Department of Animal Care and Control of the number of puppies born and transfer of ownership or possession of puppies; adding Section 44.4, to create fines of $100 to $1000 for failure to comply with permit requirements; adding Section 44.5, to allocate fines to the Department of Animal Care and Control; adding Section 44.6, to define exceptions to the breeding permit posting requirements; adding Section 44.7 to provide an operative date; and making environmental findings.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

13.	051474	[Parking Regulations]	Supervisor McGoldrick
		Resolution enacting and rescinding parking regulations at various locations. PARKING METERS (TO BE IN EFFECT 9 AM TO 6 PM, MONDAY THROUGH SATURDAY, 2-HOUR TIME LIMIT) - ESTABLISH 2nd Street, between Bryant and Townsend Streets Brannan Street, between 4th and 2nd Street Folsom Street, between 1st and Spear Streets Fremont Street, between Folsom and Harrison Streets Harrison Street, between 2nd and Fremont Streets Main Street, between Harrison and Folsom Streets Spear Street, between Folsom and Harrison Streets Townsend Street, between 2nd and 3rd Streets TOW-AWAY NO PARKING - RESCIND Folsom Street, south side, between Main and Spear Streets



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Land Use Committee




		Present: Supervisors Maxwell, McGoldrick

14.	050496	[Increasing height exemption for elevator penthouses from 10 feet to 16 feet]	Supervisor Alioto-Pier
		Ordinance amending the San Francisco Planning Code by amending Section 260 to increase the height exemption for elevator penthouses from 10 feet to 16 feet so long as the penthouse is limited to the footprint of the elevator shaft, to require that the design of all elevator penthouses in Residential districts be consistent with the "Residential Design Guidelines," to allow the Zoning Administrator to, after a public hearing, grant further exemptions for buildings with height limits of more than 65 feet where such an exemption is required to meet state or federal laws or regulations, and after providing neighborhood notice, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

15.	051769	[Zoning - 16 Month and 15 Day Extension of Interim Moratorium on Medical Cannabis Dispensaries]	Supervisor Mirkarimi
		Urgency ordinance approving a 16 month and 15 day extension of the interim zoning moratorium throughout the City on clubs or dispensaries where marijuana is grown, purchased or distributed with a medical recommendation and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.



		Question: Shall this Ordinance be FINALLY PASSED?

	Board of Supervisors Sitting as a Committee of the Whole

16.	051836	[Hearing - Emergency ordinance reenacting a Disadvantaged Business Enterprise Program]
		Hearing to consider 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. (Clerk of the Board)



		Action:___________________________

	Committee of the Whole Adjourn and Report Without Recommendation

17.	051821	[Reenacting a Disadvantaged Business Enterprise Program]	Supervisor Ma
		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.



		Question: Shall this Ordinance be FINALLY PASSED?

	SPECIAL ORDER 4:00 P.M.




		APPEALS 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.	051740	[Public Hearing - Appeal of Final Mitigated Negative Declaration for 680 Illinois Street/2075 Third Street]
		Hearing of persons interested in or objecting to the decision of the Planning Department adopted and issued on September 22, 2005, approving the Final Mitigated Negative Declaration (Case No. 2004.0546E), for the proposed demolition of two concrete warehouse/garage structures at 680 Illinois Street and 550 18th Street and construct one 50-foot tall building consisting of 35 dwelling units, 7,000 square feet of retail/commercial space, and about 41 off-street parking spaces. The project fronts on Illinois, Third and 18th Streets. The project would include a total of 74,012 square feet in five-stories, including four commercial spaces totalling 7,000-gsf on the ground floor - two facing Illinois Street, and one facing 18th and Third Streets. The 50,966-sf residential uses would have open space provided through a second story deck. The 10,580-sf parking garage would be at the ground floor and accessed from Illinois Street. The two warehouse structures located at 680 Illinois Street (or 2075 Third Street) and 550 18th Street are included in the Central Waterfront Cultural Resource Survey, the M-2 Zoning district and a 50-X height and bulk district, Assessors Block 3994, Lots 3 and 7. (Appellant: Mark R. Wolfe, Attorney for Patrick Mulligan, Financial Secretary, Carpenters Union Local 22 and Tom McCarthy, member, Carpenters Union Local 22.)

		(Filed 10/19/05; companion measure to Files 051741, 051742, 051743; District 10.)

		Action:___________________________




	Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the final mitigated negative declaration decision 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.)