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 16, 2004
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

Motion to approve Board Minutes for October 19, 2004

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 10

Recommendations of the City Services Committee

Present: Supervisors Dufty, Elsbernd

1. 041100 [Liquor License Transfer, 119 Sacramento Street]
Resolution determining that the transfer of a Type 20 off-sale beer and wine alcoholic beverage control license from 38th and Clement Golf Course to 119 Sacramento Street (District 3) to David D. Davari for Focaccia Market and Bakery will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.

Question: Shall this Resolution be ADOPTED?

2. 041305 [Liquor License, 965 Mission Street, Suite 160]
Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Steve Kahn, for Fronterra LLC at the Off-Market Theaters, located at 965 Mission Street, Suite 160 (District 6), will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with section 23958.4 of the California Business and Professions Code, with conditions.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Dufty, Ma, Elsbernd

3. 041431 [Provide car seats and information to hard to reach and diverse communities] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $2,000 from the California Department of Health Services (CDHS), to purchase car/booster seats; for the period of January 12, 2004 through January 30, 2005. (Public Health Department)

Question: Shall this Resolution be ADOPTED?

4. 041432 [Accept-Expend Federal Grant] Supervisor Ma
Resolution authorizing the San Francisco Fire Department (SFFD) to accept and expend a grant in the amount of $398,548 from the Federal Emergency Management Agency (FEMA) to acquire wildland firefighting protective clothing and equipment. (Fire Department)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

5. 041352 [Lease of City Property for Fair Market Value] Supervisors Daly, Gonzalez, Peskin, Ammiano, Elsbernd, Ma
Ordinance amending San Francisco Administrative Code Sections 23.33 and 23.34 to establish a City policy that City-owned property be leased for fair market value, unless a finding of public policy supports a below-market rate, and requiring all below-market rate leases to be reported to the Board of Supervisors and posted on the City's website, and amending San Francisco Administrative Code Section 23.32 to make certain clarifications.

11/2/2004, PASSED ON FIRST READING. Supervisors Ammiano, Elsbernd and Ma requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use Committee

Present: Supervisors McGoldrick, Peskin, Maxwell

6. 041273 [School Children Crossing Warning Signs] Supervisors Ma, Maxwell, Dufty, Ammiano, Elsbernd
Ordinance requiring all public and private parking lots and facilities, including parking lots maintained by commercial businesses, within 500 feet of Kindergarten through grade 12 school sites to post "Caution - School Children Crossing" signs at all parking lot exits.

11/2/2004, PASSED ON FIRST READING. Supervisors Ammiano and Elsbernd requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

7. 041356 [Back Streets Business Advisory Board] Supervisors Maxwell, Dufty, Ammiano, Ma
Ordinance adding Sections 5.260 through 5.265 of the Administrative Code, to create a Back Streets Business Advisory Board, comprised of nine voting members, eight appointed by the Board of Supervisors and one appointed by the Small Business Commission, and non-voting members representing various organs of government; to require the advisory board within nine months of its initial meeting to submit a report to the Board of Supervisors on matters pertaining to Back Streets businesses; to require the Board of Supervisors or a Board committee to hold a hearing on the report; to authorize the advisory board to submit other reports to the Board of Supervisors and to communicate with the Board of Supervisors, the Small Business Commission, other governmental entities, the business community, and the public on matters pertaining to Back Streets businesses; and to provide for the sunsetting of the advisory board in two years.

11/2/2004, PASSED ON FIRST READING. Supervisors Ammiano and Ma requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, Alioto-Pier

8. 041244 [Settlement of Lawsuit - Alema Hoskins, et al.]
Ordinance authorizing settlement of the lawsuit filed by Alema Hoskins, a minor, by and through her guardian, Susie McAllister and Jeanell Harris, a minor, by and through her guardian, Inell Manuel against the City and County of San Francisco for $108,000; the lawsuit was filed on January 17, 2003 in San Francisco Superior Court, Case No 416-515; entitled Alema Hoskins, et al., v. City and County of San Francisco, et al. (City Attorney)

11/2/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

9. 041250 [Settlement of Lawsuit - Mehran Esmaili, et al.]
Ordinance authorizing settlement of the lawsuit filed by Mehran Esmaili, et al., against the City and County of San Francisco for $49,500; the lawsuit was filed on September 23, 1999, in Santa Clara County Superior Court, Case No. 1-02-CV805070; entitled Mehran Esmaili, et al. v. City of Millbrae, et al.; other material terms of said settlement are: (1) Each party shall mutually release the other from all claims arising from the February/March 2000 landslide that forms the basis of the action; (2) Each party shall dismiss with prejudice all complaints and cross-complaints filed in the action; and (3) Each party shall bear its own legal costs and fees;

11/2/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

10. 041340 [Settlement of Lawsuits - Kevin B. Williams]
Ordinance authorizing settlement of the following lawsuits filed by Kevin B. Williams against the City and County of San Francisco: (1) lawsuit filed on or about December 2000 in United States District Court for the Northern District of California, Case No. C00-4728 SI, entitled Kevin Williams v. City and County of San Francisco, et al.; (2) lawsuit filed on or about December 2003 in San Francisco Superior Court, Case No. 503990, entitled Kevin Williams v. City and County of San Francisco; (3) lawsuit filed on or about September 2002 in San Francisco Superior Court, Case No. 411914; entitled Kevin Williams, on behalf of the City and County of San Francisco and himself v. Tutor Saliba, Inc., et al.; material terms of the settlement are that plaintiff dismisses all lawsuits with prejudice, that plaintiff resigns from City employment and forgoes future City employment, that City pays to plaintiff the amount of $120,000, of which approximately $71,243.68 is intended to make up a retirement account shortfall, and that Federal Magistrate Judge is to decide amount of attorneys' fees and costs, based on motion by plaintiff's attorneys, in an amount not to exceed $280,000. (City Attorney)

11/2/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Finance and Audits Committee "Without Recommendation"

Present: Supervisors Daly, Peskin, Ammiano

11. 040973 [Official Advertising - Type 2 non-consecutive day official advertising]
Resolution designating the San Francisco Chronicle to be the official newspaper of the City and County of San Francisco for the category of Type 2 non-consecutive day official advertising, for the period commencing July 1, 2004 and ending June 30, 2005. (Purchaser)

7/27/2004, RE-REFERRED to Finance and Audits Committee.

8/17/2004, CONTINUED. Continued to September 14, 2004

9/14/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Resolution be ADOPTED?

Recommendation of the Land Use Committee

Present: Supervisors McGoldrick, Peskin, Maxwell

12. 041385 [Street Encroachment at 199 Geary Street - Security Pacific Place]
Resolution granting revocable permission to CHH Realty, Inc. c/o Neiman Marcus to occupy a portion of the public right-of-way located on Security Pacific Place, off O'Farrell Street between Stockton Street and Grant Avenue, to construct and maintain a service ramp/driveway, to access and connect to a loading dock at the rear frontage of the Neiman Marcus store at 199 Geary Street (Block 0313, Lot 018) and making findings of consistency with the priority policies of Planning Code Section 101.1. (Public Works Department)

10/26/2004, AMENDED. Amended on page 2, line 22, by replacing "even" with "event."

10/26/2004, CONTINUED AS AMENDED. Continued to November 2, 2004

11/2/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma, Elsbernd

13. 041308 [Regulating the Distribution of Handbills] Supervisor Ma
Ordinance amending Article 5.7 of the Public Works Code by repealing section 184.71, which required persons distributing handbills to register and pay fees, amending section 184.73 to make violation of the ordinance an infraction instead of a misdemeanor, amending section 184.74 to permit the City to recover costs incurred in cleaning up handbills distributed in violation of the ordinance and to impose civil penalties for violations, and by renumbering sections 184.71 through 184.77.

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 041129 [Liquor License Transfer, Northeast Corner of Broderick and Oak Streets]
Resolution determining that the transfer of a Type 20 off-sale beer and wine alcoholic beverage control license from 2055 McAllister to the Northeast corner of Broderick and Oak Streets (District 5) to James L. Falletti for Falletti & Baldocchi Finer Foods, Inc., dba Falletti Foods, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors Gonzalez, Daly

15. 030667 [Domestic Partner and Family Protection Rent Ordinance] Supervisors Gonzalez, Daly, Peskin, Ammiano
Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9 to prohibit evictions from rent-controlled units based solely on the addition of an existing tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in Administrative Code Sections 62.1 through 62.8) of such relatives, or for the addition of the spouse or domestic partner of a tenant, where a pre-existing rental agreement or lease limits the number of occupants or limits or prohibits subletting or assignment and where the landlord has unreasonably refused the tenant's written request to add such occupant(s), unless the total number of occupants exceeds two persons per studio rental unit, three per one-bedroom unit, four per two-bedroom unit, six per three-bedroom unit or eight per four-bedroom unit, or unless this total would exceed the number of occupants permitted under state law and/or other local codes (e.g., Planning, Housing, Fire and Building Codes) [Section 37.9(a)(2)]; and expressing the intent of the Board of Supervisors that the Rent Board Rules and Regulations regarding subletting consent procedures be substantially applied to this legislation (but modified to address the family situations that are the subject of this legislation).

9/23/2003, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 041353 [Encouraging Condominium Conversions Where Tenants Are Not Displaced] Supervisor Daly
Ordinance amending the Subdivision Code by repealing portions of Sections 1302, 1308, 1359, 1388, 1396, and 1396.1; by repealing Section 1316 in its entirety; amending Section 1359 to delete the exception for certain two-unit buildings; and by amending Section 1396.1 to give preference in the condominium lottery to buildings where certain evictions have not taken place.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

17. 041449 [Establishing a Shelter Monitoring Committee] Supervisors Gonzalez, Alioto-Pier
Ordinance adding Article XII to Article 20 of the San Francisco Administrative Code to establish a Shelter Monitoring Committee to monitor and report on homeless shelters funded in whole or in part by the City.

Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 041111 [Appointment - Assessment Appeals Board No. 1]
Resolution appointing Peter Fatooh and Carol Ruth Silver to the Assessment Appeals Board No. 1 for a three-year term ending September 3, 2007.

Peter Fatooh, succeeding himself, term expiring September 6, 2004, seat 1, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code as follows:Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraisers; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007.
Carol Ruth Silver, succeeding Thomas Ramm, term expiring September 6, 2004, seat 4, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code as follows:Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraisers; or he or she is a current member of an assessment appeals board for a three-year term ending September 3, 2007.

8/17/2004, RE-REFERRED.

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

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

19. 041199 [Public Hearing - Appeal of Categorical Exemption - 2404 Broadway Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 3, 2004, Case No. 2004.0406E, approving the proposed project to vertically and horizontally expand an existing three-story-over-basement Colonial Revival house located at 2404 Broadway Street, Assessor's Block 562, Lot 4. (Appellants: Suzanne and Francoise Antounian, represented by their attorneys, G. Scott Emblidge and Rebecca Bedwell-Coll of Moscone, Emblidge & Quadra, LLP.)

(Filed August 18, 2004; companion measure to Files 041200, 041201, 0411202; District 3.)

9/14/2004, CONTINUED. Continued to September 28, 2004

9/28/2004, CONTINUED. Continued to November 16, 2004

Action:___________________________

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

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

20. 041200 [Affirming the categorical exemption issued for 2404 Broadway Street]
Motion affirming the determination by the Planning Department that the 2404 Broadway Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

9/14/2004, CONTINUED. Continued to September 28, 2004

9/28/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Motion be ADOPTED?

21. 041201 [Disapproving the categorical exemption issued for 2404 Broadway Street]
Motion disapproving the determination by the Planning Department that the 2404 Broadway Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

9/14/2004, CONTINUED. Continued to September 28, 2004

9/28/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Motion be ADOPTED?

22. 041202 [Preparation of findings related to the categorical exemption issued for 2404 Broadway Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 2404 Broadway Street project is categorically exempt from environmental review under the California environmental Quality Act. (Clerk of the Board)

9/14/2004, CONTINUED. Continued to September 28, 2004

9/28/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:30 P.M

23. 041275 [Public Hearing - Appeal of Revised Certificate of Determination of Exemption from Environmental Review - American Buddhist Cultural Society Building located at 1730-1750 Van Ness Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department dated August 13, 2004, Case No. 2003.0657E, approving the proposed project to include: a renovation and vertical addition to the existing one-story-plus-mezzanine American Buddhist Cultural Society building; an expanded second level and construction of third and fourth levels for a total of four stories and a total height of approximately 70 feet; and add approximately 16,798 gross square feet (gsf) to the existing building for a total square footage of 27,758 gsf, located at 1730-1750 Van Ness Avenue, Assessor's Block 0622, Lot 019. (Appellant: 1776 Sacramento Street Homeowners Association, represented by the Law Offices of Stephen M. Williams).

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

10/19/2004, CONTINUED. Continued to November 16 ,2004

Action:___________________________

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

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

24. 041276 [Affirming the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion affirming the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

10/19/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Motion be ADOPTED?

25. 041277 [Disapproving the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion disapproving the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

10/19/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Motion be ADOPTED?

26. 041278 [Preparation of findings related to the categorical exemption issued for 1730-1750 Van Ness Avenue]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1730-1750 Van Ness Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

10/19/2004, CONTINUED. Continued to November 16, 2004

Question: Shall this Motion be ADOPTED?

27. ROLL CALL FOR INTRODUCTIONS

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

28. PUBLIC COMMENT

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

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST

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

29. 041552 [Legislative Analyst Request -Establishing a Sports Commission in the City and County of San Francisco] Supervisor Ma
Motion requesting the Legislative Analyst to research and prepare an in-depth report on model municipalities with respect to establishing a Sports Commission in the City and County of San Francisco.

Question: Shall this Motion be ADOPTED?

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 30 through 39

30. 041557 [Commending Jack Breslin] Supervisor Dufty
Resolution commending Jack Breslin of the Department of Public Health for his 33 years of service to the City of San Francisco.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 041559 [Zoning - Extension of Planning Commission Review Period] Supervisor Elsbernd
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code to provide for an increase in the height exemption for elevator penthouses from 10 feet to 16 feet.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 041560 [American Indian Heritage Month] Supervisor Ma
Resolution declaring November 2004 as "American Indian Heritage Month" in the City and County of San Francisco.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 041561 [Apply, accept and expend of a State grant for the Visitacion Valley Greenway] Supervisor Maxwell
Resolution authorizing the Recreation and Park Department to apply, accept and expend a grant in the total amount of $102,000 under the Federal Land and Water Conservation Fund for the Visitacion Valley Greenway.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 041530 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

35. 041531 [Emergency Declaration Concurrence - Influenza Vaccine] Mayor
Motion concurring in the October 12, 2004 Declaration of the Existence of a Local Emergency for Limited Purposes by the Mayor, and in the actions taken to meet the emergency.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

36. 041546 [Emergency Disadvantaged Business Enterprise Program - Suspending 30 Day Rule] Supervisor Ammiano
Motion suspending Rule 5.40 of the Rules of Order of the Board of Supervisors to allow the Board of Supervisors to consider, without waiting 30 days after its introduction, a proposed 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.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

37. 041547 [Emergency Disadvantaged Business Enterprise Program - November 23 Committee of the Whole] Supervisor Ammiano
Motion for the Board of Supervisors to convene as a committee of the whole on November 23, 2004, 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.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

38. 041558 [Controller to provide bi-monthly updates on progress implementing the City's ordinance requiring bar-coding or other means to track the permit approval process with the Department of Supervisor Dufty
Motion requesting the Controller to provide bi-monthly updates on progress implementing the City's ordinance requiring bar-coding or other means to track the permit approval process with the Department of Building Inspection.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

39. 041562 [Report for Interim Moratorium on Demolition of Single-and Dual-Screen Movie Theaters] Supervisor McGoldrick
Motion adopting and issuing the Legislative Analyst report concerning the Board's urgency Ordinance that imposed a 45-day interim moratorium on demolition on single-and dual-screen movie theaters.

11/2/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

40. IMPERATIVE AGENDA

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

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

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

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

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinance received from October 26, 2004 through November 8, 2004, for reference by President to appropriate committee on November 16, 2004.

041484 [Settlement of the Lawsuit - Pamela Nash]
Ordinance authorizing settlement of the lawsuit filed by Pamela Nash against the City and County of San Francisco for $100,000; the lawsuit was filed on February 7, 2003, in the United States District Court, Northern District of California, Case No. C-03-01221-CW; entitled Pamela Nash v. City and County of San Francisco, et. al.

11/1/2004, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from October 26, 2004 through November 8, 2004, for reference by President to appropriate committee on November 16, 2004.

041510 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Sussex Street and Swiss Avenue, stopping Swiss Avenue at Sussex Street, making this uncontrolled intersection a two-way STOP;
Beulah and Shrader Streets, stopping Shrader Street at Beulah Street, making this intersection an All-Way STOP;
Broderick and Francisco Streets, stopping Broderick Street at Francisco Street, making this intersection an All-Way STOP; and
Cross and Pope Streets, stopping Pope Street at Cross Street and Cross Street at Pope Street, making this uncontrolled T-intersection an All-Way STOP. (Parking and Traffic Department)

(10-26-04: categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2895.)

10/27/2004, RECEIVED AND ASSIGNED to Land Use Committee.

041512 [Accept and Expend Federal Grant Funds Under the Airport Improvement Program (AIP) (AIP 26 - Project No.3-06-0221-26) and (AIP 27 - Project No. 3-06-0221-27)]
Resolution authorizing the Airport Commission to accept and expend grant funds in a total amount of $14,957,719 from the Federal Aviation Administration: $13,397,719 to be expended on Airport standard and security improvements (A.I.P 26, Project No. 3-06-0221-26); and $1,560,000 for Airport noise improvements (A.I.P 27, Project No. 3-06-0221-27). (Airport Commission)

10/27/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041514 [Settlement of Claim - Jon Wesley Hopkins]
Resolution approving the settlement of the unlitigated claim filed by Jon Wesley Hopkins against San Francisco for $35,000; claim was filed on August 4, 2004. (City Attorney)

11/4/2004, RECEIVED AND ASSIGNED to Rules Committee.

041515 [Provide children's dental disease prevention services in San Francisco] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a grant in the amount of $30,429 from the California Department of Health Services (CDHS) to provide dental disease prevention services to children in San Francisco and to enter into an agreement for the use of these funds; for the period of July 1, 2004, to June 30, 2005. (Public Health Department)

11/5/2004, RECEIVED AND ASSIGNED to City Services Committee.

041516 [Issue 32 and 33 Refunding Bond Sale Resolutions, Swap Resolution and Twelfth Supplemental Resolution]
Resolution approving the issuance of up to $875,000,000 additional aggregate principal amount of San Francisco International Airport second series revenue refunding bonds for the purpose of refinancing bonds and subordinate bonds of the Airport Commission; Approving the sale of San Francisco International Airport second series revenue refunding bonds through December 31, 2007; Approving the maximum interest rate, notional amount and term of interest rate swap transactions; Approving the forms of certain documents relating to interest rate swap transactions and authorizing the execution and delivery thereof; Approving and authorizing the use of Airport Commercial paper to pay swap termination payments and costs of issuance;Approving the forms of certain documents relating to San Francisco International Airport second series variable rate revenue bonds and authorizing the execution and delivery thereof; Approving and authorizing the use of Airport commercial paper to pay swap termination payments and costs of issuance; Approving the forms of certain documents relating to San Francisco International Airport second series variable rate revenue bonds and authorizing the execution and delivery thereof; Approving certain amendments to the 1991 Master Resolution; and related matters.

11/5/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041517 [Prevailing wage rates for workers on public works and improvement projects, workers performing janitorial services, workers in public off-street parking lots, garages, or storage
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; and (4) workers performing moving services under City contracts at facilities owned or leased by the City. (City Attorney)

11/5/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041518 [Sprint Spectrum, L.P. Transmitter Lease]
Resolution authorizing and approving a lease of cellular transmitter and antennae space at the Health Center Four to Sprint Spectrum, L.P., a Delaware limited partnership. (Real Estate Department)

11/8/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041519 [Develop a supplemental HIV/AIDS surveillance system to produce population-based estimates of the characteristics of persons with HIV infection in San Francisco and the care they receive,
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend grant funds in the amount of $267,880 from the Centers for Disease Control and Prevention (CDC) to develop a supplemental HIV/AIDS morbidity and risk surveillance system, to enter into an agreement for the use of these funds, and to add two new positions; for the period of September 1, 2004, to May 31, 2005. (Public Health Department)

11/8/2004, RECEIVED AND ASSIGNED to City Services Committee.

041603 [Petitions and Communications]
Petitions and Communications received from October 26, 2004 through November 8, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 16, 2004.

From Office of the Legislative Analyst, submitting report describing the measures taken to alleviate the condition that led to the adoption of the Interim Ordinance on Demolition of Single and Dual Screen Movie Theaters. File 041137(1)

From Civil Service Commission, submitting 2004 Efficiency Plan for the Civil Service Commission.(2)

From Assistant Clerk of the Board, submitting a follow-up report on the 2003-04 Civil Grand Jury Report Community Schools: Poor Stepchildren of the San Francisco Unified School District.(3)

From Assistant Clerk of the Board, submitting a follow-up report on the 2003-04 Civil Grand Jury Report entitled "The More Things Change, The More they Stay The Same."(4)

From Assistant Clerk of the Board, submitting a follow-up report on the 2003-04 Civil Grand Jury Report San Francisco Sheriff's Department: Incarceration and Beyond.(5)

From Assistant Clerk of the Board, submitting a follow-up report on the 2003-04 Civil Grand Jury Report San Francisco Sheriff's Department Grievances: A Solution, in accordance with Penal Code Section 933 and Administrative Code Section 2.10.(6)

From Central City Progressives, submitting opposition to any funding or implementation of RFID technology at the San Francisco Public Library, and urging that the money be spent on more books and open hours, and staffing necessary to support these priorities.(7)

From Ethics Commission, submitting 2004-05 Efficiency Plan for the Ethics Commission(8)

From Department of Administrative Services, submitting quarterly report pursuant to Annual Appropriation Section 23.(9)

From Planning Department, submitting Certificate of Determination for proposed Fillmore Street Alcohol Restricted Use District, between Golden Gate Avenue and Post Street. File 041281, Copy: Land Use Committee(10)

From Department of Elections, submitting memo regarding an overview of plans for distributing unvoted ballot cards, transporting and processing voted ballot cards, and reporting on election results for the November 2, 2004 Consolidated General Election.Copy: Each Supervisor(11)

From Office of the Controller, submitting two reports concerning the financial audit of the Statement of Cash and Investments as of June 30, 2004 and the financial activities of the Office of the Treasurer and Tax Collector for the fiscal year ended June 30, 2004.(12)

From Office of the Controller, submitting two reports concerning the review of franchise fee payments made by Comcast Corporation.(13)

From Department of Public Works, submitting quarterly report of the Department of Public Works Defective Sidewalk Repair Revolving Account for the period July 1, 2004 through September 30, 2004.(14)

From Senate Rules Committee, submitting appointment of Jackalyne Pfannenstiel of Piedmont as a member of the State Energy Resources Conservation and Development Commission.(15)

From the Residential Rent Stabilization and Arbitration Board, submitting the annual statistical report for fiscal year 2003-04.(16)

From concerned citizens, urging the Board of Supervisors to do more to attract jobs and businesses to San Francisco. 5 letters(17)

From Denise D'Anne, urging the Board to hold a special hearing on the widening of the roadway into the Golden Gate Music Concourse from 9th Avenue.(18)

From James Chaffee, regarding the selection of a City Librarian by the Library Commission. Copy: Each Supervisor(19)

From Disability Rights Enforcement and Education Services, submitting notice of meeting on how to do an ADA accessibility survey on November 10, 2004 at 2230 Shattuck Avenue, Berkeley from 11:00 a.m. to 3:00 p.m.(20)

From Kevin McGee, submitting support for proposed interim zoning controls for lower Potrero Hill while mandating a one-year timeline for the Planning Department to establish permanent zoning controls for the area. File 041393, Copy: Land Use Committee(21)

From State Department of Alcoholic Beverage Control, submitting applications taken for alcoholic beverage licenses.(22)

From Patrick Monette-Shaw, requesting the Citizen's General Obligation Bond Oversight Committee conduct an investigation into the potentially unauthorized use of tobacco settlement revenues dedicated for the rebuild of Laguna Honda Hospital and Rehabilitation Center by the Office of the Mayor and the Board of Supervisors. Copy: Each Supervisor(23)

From Peter Warfield, regarding the Sunshine Ordinance Task Force sending the Public Library violations related to "Radio Frequency Identification Technology" to the District Attorney and the Ethics Commission.(24)

From Alfredo Marchetti, urging the Board of Supervisors to consider noise abatement measures to help improve the quality of life of residents of Rincon Hill. Copy: Supervisor Daly(25)

From Department of Parking and Traffic, regarding the feasibility of distributing guest-parking permits upon approval of residential parking permit applications in neighborhoods throughout the City. Copy: Supervisor Elsbernd(26)

From Clerk of the Board, responding to inquiry regarding types of food or beverage products purchased by the Board of Supervisors/Clerk of the Board. (Reference No. 20040914-065) Copy: Supervisor Peskin(27)

From the Port, responding to inquiry regarding types of food or beverage products purchased by the Port of San Francisco. (Reference No. 20040914-039) Copy: Supervisor Peskin(28)

From Department of the Aging and Adult Services, responding to inquiry regarding types of food or beverage products purchased by the Department of the Aging and Adult Services. (Reference No. 20040914-034) Copy: Supervisor Peskin(29)

From the Asian Art Museum, responding to inquiry regarding types of food or beverage products purchased by the Asian Art Museum. (Reference No. 20040914-059) Copy: Supervisor Peskin(30)

From Department of Administrative Services, responding to inquiry regarding types of food or beverage products purchased by the Department of Administrative Services. (Reference No. 20040914-060) Copy: Supervisor Peskin(31)

From Department of Public Works, responding to Phase I Management Audit of the Clean Water Enterprise Fund prepared by the Board of Supervisors Budget Analyst Office. Copy: Finance Committee, Budget Analyst(32)

From Recreation and Park Department, submitting report for the 1st quarter of fiscal year 2004-05 in response to the requirements of Resolution 157-99 regarding Lead Poisoning Prevention. File 992161(33)

From Mayor's Office of Community Development, submitting request for release of $1,832,773 in previously reserved CDBG funds per Resolution 90-99, 324-01, 285-02 & 288-04.(34)

From Older Women's League, submitting opposition to the deletion of five bus stops in the Tenderloin area of the #38 bus line.(35)

From SF Unified School District, submitting proposal for in-kind services that could be provided to the District by the City to further the educational goals and operations of the District through the Public Education Enrichment Fund.(36)

From Public Utilities Commission, submitting the 2004 Efficiency Plan for the Public Utilities Commission.(37)

From Office of the Mayor, submitting the 2004 Efficiency Plan for the Office of the Mayor.(38)

From Human Rights Commission, responding to inquiry regarding types of food or beverage products purchased by the Human Rights Commission. (Reference No. 20040914-017) Copy: Supervisor Peskin(39)

From the Port, submitting list of contracts, including prospective contracts and whether the contractors use employees and/or subcontractors located outside the United States. (Reference No. 20040727048) Copy: Supervisor McGoldrick(40)

From Office of the Treasurer and Tax Collector, responding to inquiry regarding types of food or beverage products purchased by the Office of the Treasurer and Tax Collector. (Reference No. 20040914-020) Copy: Supervisor Peskin(41)

From the Adult Probation Department, submitting the 2004-05 Efficiency Plan for the Adult Probation Department.(42)

From Controller, submitting the 2004-05 Efficiency Plan for the Office of the Controller.(43)

From Department on the Status of Women, submitting the revised 2004-05 Efficiency Plan for the Department on the Status of Women.(44)

From Residential Rent Stabilization and Arbitration Board, submitting the 2004-05 Efficiency Plan for the Residential Rent Stabilization and Arbitration Board.(45)

From Controller, submitting report concerning the financial statement audit of the Mentally Ill Offender Crime Reduction Grant II of the Office of the Sheriff for the period of July 1, 2001 through June 30, 2004.(46)

From Department of Administrative Services, submitting the 2004-05 Efficiency Plan for the Department of Administrative Services.(47)

From Public Library, submitting the 2004-05 Efficiency Plan for the Public Library.(48)

From Fire Department, submitting the 2004-05 Efficiency Plan for the Fire Department.(49)

From S.F. Human Services Agency, submitting the 2004-05 Efficiency Plan for the S.F. Human Services Agency.(50)

From concerned citizens, submitting opposition to putting a dog run at Grattan Playground. File 041464, Copy: Each Supervisor(51)

From S.F. International Airport, submitting the 2004-05 Efficiency Plan for S.F. International Airport.(52)

From Department of Building Inspection, submitting the 2004-05 Efficiency Plan for Department of Building Inspection.(53)

From Port, submitting the 2004-05 Efficiency Plan for the Port.(54)

From War Memorial and Performing Arts Center, submitting the 2004-05 Efficiency Plan for the War Memorial and Performing Arts Center.(55)

From Department of Telecommunications and Information Services, responding to inquiry regarding types of food or beverage products purchased by the Department of Telecommunications and Information Services. (Reference No. 20040914-061) Copy: Supervisor Peskin(56)

From Office of the City Administrator, submitting copy of notice of intent to award contract for the operation of the San Francisco Day Laborer Program to La Raza Centro Legal, Inc. Copy: Each Supervisor(57)

From Department of Human Services, submitting quarterly update for the Human Services Care Fund.(58)

From Fire Department, submitting eleven copies of the 2004-05 Efficiency Plan for the Fire Department for members of the Board of Supervisors.(59)

From Department of Child Support Services, submitting the Efficiency Plan for the Department of Child Support Services for fiscal year 2003 through 2006 and an update for fiscal year 2004-05.(60)

From Office of the Treasurer, submitting computer printouts detailing the City's investment portfolios under management.(61)

From Department of Human Resources, submitting lists of economic grievance settlements approved pursuant to Section 10.25-12 of the Administrative Code for the quarter July 1, 2004 through September 30, 2004.(62)

From State Department of Social Services, submitting notice within the next 90 days the State Department of Social Services will be distributing Kids Plate revenue for SFY 2003-04.(63)

From Art Commission, responding to inquiry regarding types of food or beverage products purchased by the Art Commission. (Reference No. 20040914-025) Copy: Supervisor Peskin(64)

From Office of the Treasurer and Tax Collector, submitting the Bureau of Delinquent Revenue for the quarter period July 1, 2004 through September 30, 2004.(65)

From Superintendent of Schools, submitting proposal for in-kind services that could be provided to the District by the City to further the educational goals and operations of the District through the Public Education Enrichment Fund. Copy: Each Supervisor(66)

From Department of Public Works, regarding implementing the recommendations set forth in the Director of Health's Report on the Comprehensive Environmental Lead Poisoning Prevention Program dated December 2, 2003. File 041376, Copy: Each Supervisor (67)

From Recreation and Park Department, regarding the feasibility of installing emergency call boxes on Mansell Road in McLaren Park. (Reference No. 20041005-005) Copy: Supervisor Sandoval, 2 letters(68)

From concerned citizens, submitting opposition to proposal to cut branch library hours on Saturdays. 3 letters(69)

From Department of Parking and Traffic, regarding request for an evaluation of the availability of disabled parking spaces in the vicinity of the Ferry Building. Copy: Supervisor Dufty(70)

From concerned citizens, submitting opposition to proposal to change condo conversion rules for 2 unit buildings. File 041353, Copy: Each Supervisor (71)

From Sharon Starr, requesting the Board urge the Recreation and Park Department keep St. Mary's Dog Park open during the winter. Copy: Supervisor McGoldrick(72)

ADJOURNMENT

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

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

Know Your Rights Under the Sunshine Ordinance

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

Lobbyist Registration and Reporting Requirements

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

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Minutes for October 19, 2004

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the City Services Committee






		Present: Supervisors Dufty, Elsbernd

1.	041100	[Liquor License Transfer, 119 Sacramento Street]
		Resolution determining that the transfer of a Type 20 off-sale beer and wine alcoholic beverage control license from 38th and Clement Golf Course to 119 Sacramento Street (District 3) to David D. Davari for Focaccia Market and Bakery will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.



		Question: Shall this Resolution be ADOPTED?

2.	041305	[Liquor License, 965 Mission Street, Suite 160]
		Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Steve Kahn, for Fronterra LLC at the Off-Market Theaters, located at 965 Mission Street, Suite 160 (District 6), will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with section 23958.4 of the California Business and Professions Code, with conditions.



		Question: Shall this Resolution be ADOPTED?

3.	041431	[Provide car seats and information to hard to reach and diverse communities]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $2,000 from the California Department of Health Services (CDHS), to purchase car/booster seats; for the period of January 12, 2004 through January 30, 2005. (Public Health Department)



		Question: Shall this Resolution be ADOPTED?

4.	041432	[Accept-Expend Federal Grant]	Supervisor Ma
		Resolution authorizing the San Francisco Fire Department (SFFD) to accept and expend a grant in the amount of $398,548 from the Federal Emergency Management Agency (FEMA) to acquire wildland firefighting protective clothing and equipment. (Fire Department)



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Finance and Audits Committee




		Present: Supervisors Daly, Peskin, Ammiano

5.	041352	[Lease of City Property for Fair Market Value]	Supervisors Daly, Gonzalez, Peskin, Ammiano, Elsbernd, Ma
		Ordinance amending San Francisco Administrative Code Sections 23.33 and 23.34 to establish a City policy that City-owned property be leased for fair market value, unless a finding of public policy supports a below-market rate, and requiring all below-market rate leases to be reported to the Board of Supervisors and posted on the City's website, and amending San Francisco Administrative Code Section 23.32 to make certain clarifications.


		11/2/2004, PASSED ON FIRST READING. Supervisors Ammiano, Elsbernd and Ma requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use Committee






		Present: Supervisors McGoldrick, Peskin, Maxwell

6.	041273	[School Children Crossing Warning Signs]	Supervisors Ma, Maxwell, Dufty, Ammiano, Elsbernd
		Ordinance requiring all public and private parking lots and facilities, including parking lots maintained by commercial businesses, within 500 feet of Kindergarten through grade 12 school sites to post "Caution - School Children Crossing" signs at all parking lot exits.


		11/2/2004, PASSED ON FIRST READING. Supervisors Ammiano and Elsbernd requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee






		Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

7.	041356	[Back Streets Business Advisory Board]	Supervisors Maxwell, Dufty, Ammiano, Ma
		Ordinance adding Sections 5.260 through 5.265 of the Administrative Code, to create a Back Streets Business Advisory Board, comprised of nine voting members, eight appointed by the Board of Supervisors and one appointed by the Small Business Commission, and non-voting members representing various organs of government; to require the advisory board within nine months of its initial meeting to submit a report to the Board of Supervisors on matters pertaining to Back Streets businesses; to require the Board of Supervisors or a Board committee to hold a hearing on the report; to authorize the advisory board to submit other reports to the Board of Supervisors and to communicate with the Board of Supervisors, the Small Business Commission, other governmental entities, the business community, and the public on matters pertaining to Back Streets businesses; and to provide for the sunsetting of the advisory board in two years.


		11/2/2004, PASSED ON FIRST READING. Supervisors Ammiano and Ma requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	041244	[Settlement of Lawsuit - Alema Hoskins, et al.]
		Ordinance authorizing settlement of the lawsuit filed by Alema Hoskins, a minor, by and through her guardian, Susie McAllister and Jeanell Harris, a minor, by and through her guardian, Inell Manuel against the City and County of San Francisco for $108,000; the lawsuit was filed on January 17, 2003 in San Francisco Superior Court, Case No 416-515; entitled Alema Hoskins, et al., v. City and County of San Francisco, et al. (City Attorney)


		11/2/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	041250	[Settlement of Lawsuit - Mehran Esmaili, et al.]
		Ordinance authorizing settlement of the lawsuit filed by Mehran Esmaili, et al., against the City and County of San Francisco for $49,500; the lawsuit was filed on September 23, 1999, in Santa Clara County Superior Court, Case No. 1-02-CV805070; entitled Mehran Esmaili, et al. v. City of Millbrae, et al.; other material terms of said settlement are: (1) Each party shall mutually release the other from all claims arising from the February/March 2000 landslide that forms the basis of the action; (2) Each party shall dismiss with prejudice all complaints and cross-complaints filed in the action; and (3) Each party shall bear its own legal costs and fees;


		11/2/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

10.	041340	[Settlement of Lawsuits - Kevin B. Williams]
		Ordinance authorizing settlement of the following lawsuits filed by Kevin B. Williams against the City and County of San Francisco: (1) lawsuit filed on or about December 2000 in United States District Court for the Northern District of California, Case No. C00-4728 SI, entitled Kevin Williams v. City and County of San Francisco, et al.; (2) lawsuit filed on or about December 2003 in San Francisco Superior Court, Case No. 503990, entitled Kevin Williams v. City and County of San Francisco; (3) lawsuit filed on or about September 2002 in San Francisco Superior Court, Case No. 411914; entitled Kevin Williams, on behalf of the City and County of San Francisco and himself v. Tutor Saliba, Inc., et al.; material terms of the settlement are that plaintiff dismisses all lawsuits with prejudice, that plaintiff resigns from City employment and forgoes future City employment, that City pays to plaintiff the amount of $120,000, of which approximately $71,243.68 is intended to make up a retirement account shortfall, and that Federal Magistrate Judge is to decide amount of attorneys' fees and costs, based on motion by plaintiff's attorneys, in an amount not to exceed $280,000. (City Attorney)


		11/2/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?








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

	From the Finance and Audits Committee "Without Recommendation"






		Present: Supervisors Daly, Peskin, Ammiano

11.	040973	[Official Advertising - Type 2 non-consecutive day official advertising]
		Resolution designating the San Francisco Chronicle to be the official newspaper of the City and County of San Francisco for the category of Type 2 non-consecutive day official advertising, for the period commencing July 1, 2004 and ending June 30, 2005. (Purchaser)


		7/27/2004, RE-REFERRED to Finance and Audits Committee.

		8/17/2004, CONTINUED. Continued to September 14, 2004

		9/14/2004, CONTINUED. Continued to November 16, 2004


		Question: Shall this Resolution be ADOPTED?

12.	041385	[Street Encroachment at 199 Geary Street - Security Pacific Place]
		Resolution granting revocable permission to CHH Realty, Inc. c/o Neiman Marcus to occupy a portion of the public right-of-way located on Security Pacific Place, off O'Farrell Street between Stockton Street and Grant Avenue, to construct and maintain a service ramp/driveway, to access and connect to a loading dock at the rear frontage of the Neiman Marcus store at 199 Geary Street (Block 0313, Lot 018) and making findings of consistency with the priority policies of Planning Code Section 101.1. (Public Works Department)


		10/26/2004, AMENDED. Amended on page 2, line 22, by replacing "even" with "event."

		10/26/2004, CONTINUED AS AMENDED. Continued to November 2, 2004

		11/2/2004, CONTINUED. Continued to November 16, 2004


		Question: Shall this Resolution be ADOPTED?

	Recommendations of the City Services Committee






		Present: Supervisors Dufty, Ma, Elsbernd

13.	041308	[Regulating the Distribution of Handbills]	Supervisor Ma
		Ordinance amending Article 5.7 of the Public Works Code by repealing section 184.71, which required persons distributing handbills to register and pay fees, amending section 184.73 to make violation of the ordinance an infraction instead of a misdemeanor, amending section 184.74 to permit the City to recover costs incurred in cleaning up handbills distributed in violation of the ordinance and to impose civil penalties for violations, and by renumbering sections 184.71 through 184.77.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

14.	041129	[Liquor License Transfer, Northeast Corner of Broderick and Oak Streets]
		Resolution determining that the transfer of a Type 20 off-sale beer and wine alcoholic beverage control license from 2055 McAllister to the Northeast corner of Broderick and Oak Streets (District 5) to James L. Falletti for Falletti & Baldocchi Finer Foods, Inc., dba Falletti Foods, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Land Use Committee




		Present: Supervisors Gonzalez, Daly

15.	030667	[Domestic Partner and Family Protection Rent Ordinance]	Supervisors Gonzalez, Daly, Peskin, Ammiano
		Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9 to prohibit evictions from rent-controlled units based solely on the addition of an existing tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in Administrative Code Sections 62.1 through 62.8) of such relatives, or for the addition of the spouse or domestic partner of a tenant, where a pre-existing rental agreement or lease limits the number of occupants or limits or prohibits subletting or assignment and where the landlord has unreasonably refused the tenant's written request to add such occupant(s), unless the total number of occupants exceeds two persons per studio rental unit, three per one-bedroom unit, four per two-bedroom unit, six per three-bedroom unit or eight per four-bedroom unit, or unless this total would exceed the number of occupants permitted under state law and/or other local codes (e.g., Planning, Housing, Fire and Building Codes) [Section 37.9(a)(2)]; and expressing the intent of the Board of Supervisors that the Rent Board Rules and Regulations regarding subletting consent procedures be substantially applied to this legislation (but modified to address the family situations that are the subject of this legislation).


		9/23/2003, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.


		Question: Shall this Ordinance be PASSED ON FIRST READING?

16.	041353	[Encouraging Condominium Conversions Where Tenants Are Not Displaced]	Supervisor Daly
		Ordinance amending the Subdivision Code by repealing portions of Sections 1302, 1308, 1359, 1388, 1396, and 1396.1; by repealing Section 1316 in its entirety; amending Section 1359 to delete the exception for certain two-unit buildings; and by amending Section 1396.1 to give preference in the condominium lottery to buildings where certain evictions have not taken place.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

17.	041449	[Establishing a Shelter Monitoring Committee]	Supervisors Gonzalez, Alioto-Pier
		Ordinance adding Article XII to Article 20 of the San Francisco Administrative Code to establish a Shelter Monitoring Committee to monitor and report on homeless shelters funded in whole or in part by the City.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

18.	041111	[Appointment - Assessment Appeals Board No. 1]
		Resolution appointing Peter Fatooh and Carol Ruth Silver to the Assessment Appeals Board No. 1 for a three-year term ending September 3, 2007.

		Peter Fatooh, succeeding himself, term expiring September 6, 2004, seat 1, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code as follows:Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraisers; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007. Carol Ruth Silver, succeeding Thomas Ramm, term expiring September 6, 2004, seat 4, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code as follows:Must have a minimum of five years professional experience in the State of California as one of the following: Certified Public Accountant (CPA) or Public Accountant (PA); licensed Real Estate Broker; Attorney; or a Property Appraiser accredited by a nationally recognized professional organization, or Property Appraiser certified by the Office of Real Estate Appraisers; or he or she is a current member of an assessment appeals board for a three-year term ending September 3, 2007.
		8/17/2004, RE-REFERRED.


		Question: Shall this Resolution be ADOPTED?






		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.