Full Board Agendas

City and County of San Francisco

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

MEETING MINUTES
Tuesday, May 17, 2005
2:00 PM
Legislative Chamber - Second Floor
Regular

Board of Supervisors

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

Members Present:	Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Sean Elsbernd, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval.
Members Excused:	None.
Members Absent:	None.

ROLL CALL AND PLEDGE OF ALLEGIANCE





	The meeting was called to order at 2:04 p.m. On the call of the roll all Supervisors were noted present. Quorum present.

APPROVAL OF MEETING MINUTES







	Supervisor Dufty, seconded by Supervisor Maxwell, moved to approve the April 19, 2005 Meeting Minutes. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

AGENDA CHANGES

COMMUNICATIONS

CONSENT AGENDA

Recommendations of the Rules Committee



041570	[Conflict of Interest Code Amendments]		Supervisor Daly
	Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by amending sections 3.1-109, 3.1-110, 3.1-120, 3.1-140, 3.1-145, 3.1-150, 3.1-155, 3.1-170, 3.1-175, 3.1-195, 3.1-205, 3.1-218, 3.1-230, 3.1-245, 3.1-265, 3.1-270, 3.1-275, 3.1-280, 3.1-285, 3.1-310, 3.1-315, 3.1-325, 3.1-335, 3.1-340, 3.1-345, 3.1-350, 3.1-365, 3.1-375, 3.1-390, 3.1-395, 3.1-410, 3.1-420, 3.1-430, 3.1-435, and 3.1-440; deleting sections 3.1-255 and 3.1-268; and adding section 3.1-222 to update the list of designated employees who must file financial disclosure statements and to modify the applicable disclosure categories. 4/27/05 Amendment of the Whole bearing same title.















	Enacted Number:	99-05
	FINALLY PASSED



050434	[Establishing Graffiti Violation Rewards and Clarifying Uses of Littering and Nuisance Reward Fund Monies]		Supervisor Ma
	Ordinance amending the San Francisco Administrative Code by amending Section 10.100-234, the Public Works Littering and Nuisance Violation Reward Fund, to reward persons who have provided information leading to the arrest and conviction of persons under California Penal Code Sec. 594 for graffiti vandalism and to clarify uses of fund where a reward is inapplicable or unclaimed.













	Enacted Number:	90-05
	FINALLY PASSED



050643	[Extension of San Francisco Museum and Historical Society Advisory Committee's operations for one year]		Supervisor Peskin
	Ordinance amending Section 2A.166 of the San Francisco Administrative Code in order to extend the operations of the San Francisco Museum and Historical Society Advisory Committee for one year, until June 1, 2006.









	Enacted Number:	96-05
	FINALLY PASSED



050548	[Settlement of Lawsuit - ARCO et al.]
	Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against The Hertz Corporation and BP/Atlantic Richfield, 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).









	Enacted Number:	91-05
	FINALLY PASSED



050567	[Settlement of Lawsuit - Tamyra D'Ippolito]
	Ordinance authorizing settlement of the lawsuit filed by Tamyra D'Ippolito against the City and County of San Francisco for $35,000; the lawsuit was filed on July 23, 2001 in San Francisco Superior Court, Case No. 323-130; entitled Tamyra D'Ippolito, et al., v. City and County of San Francisco, et al. (City Attorney)









	Enacted Number:	92-05
	FINALLY PASSED



050568	[Settlement of Lawsuit - Bryan Ketron]
	Ordinance authorizing settlement of the lawsuit filed by Bryan Ketron against the City and County of San Francisco for $57,500 and the lawsuit filed by Alisa Vincent against the City and County of San Francisco for $25,000; the cases have been consolidated under Bryan Ketron v. City and County of San Francisco, et al., Superior Court , Case No. 414-357. The Ketron lawsuit was filed on November 4, 2002 in Superior Court, Case No. 414-357 the Vincent lawsuit was filed on March 21, 2003 in Superior Court, Case No. 418-577. (City Attorney)









	Enacted Number:	93-05
	FINALLY PASSED



050571	[Settlement of Lawsuit - Teri Smith]
	Ordinance authorizing settlement of the lawsuit filed by Teri Smith against the City and County of San Francisco for an agreement to spend an amount not to exceed $1,100,000.00 to make certain disability access improvements at the San Francisco Zoo; the lawsuit was filed on June 19, 2002 in US District Court (Case No C02-2936 PJH).









	Enacted Number:	94-05
	FINALLY PASSED



050582	[Settlement of Lawsuit - Pacific Gas and Electric Company]
	Ordinance approving settlement of litigation by Pacific Gas and Electric Company against City and County of San Francisco for $3,000.









	Enacted Number:	95-05
	FINALLY PASSED



050657	[Settlement of Lawsuit - Nicholas Holley]
	Ordinance authorizing settlement of the lawsuit filed by Nicholas Holley against the City and County of San Francisco for the payment of $50,000; the lawsuit was filed on January 23, 2004, in San Francisco Superior Court, Case No. 428-216; entitled Nicholas Holley v. City and County of San Francisco, et al. (City Attorney)









	Enacted Number:	97-05
	FINALLY PASSED









	The foregoing items were acted upon by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk



050764	[Adopting findings related to affirming the categorical exemption for 1 La Avanzada Avenue (aka 250 Palo Alto Avenue)]
	Motion adopting findings affirming the determination by the Planning Department that the 1 La Avanzada Street (aka 250 Palo Alto Avenue) project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) (Companion measure to Files 050380, 050381, 050382, 050383.)





	Enacted Number:	M05-75
	APPROVED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

NEW BUSINESS

Recommendations of the Budget and Finance Subcommittee



050350	[Appropriate funds to pay for litigation fees associated with the Residential Hotel Unit Conversion/Demolition Ordinance for FY2004-05]	Supervisors Peskin, Sandoval, Ammiano
	Ordinance appropriating $300,000 from the Residential Preservation Fund Account, within the Building Inspection Fund's Repair & Demolition subfund, to pay for litigation fees associated with the defense of the Residential Hotel Unit Conversion and Demolition Ordinance for Fiscal Year 2004-2005. (Fiscal impact.)






	Supervisor Sandoval requested to be added as a co-sponsor.

	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050681	[Bond Sale of Branch Library General Obligation Bonds]		Supervisors Elsbernd, Sandoval
	Resolution authorizing and directing the sale of not to exceed $34,000,000 City and County of San Francisco General Obligation Bonds (Branch Library Facilities Improvement Bonds, 2000), Series 2005G; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Fiscal impact.)








	Supervisor Sandoval requested to be added as a co-sponsor.
	Enacted Number:	357-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050735	[Appropriate bond sale proceeds from the sale of 2000 Branch Library Improvement Program Bond - 3rd Series to fund the improvement and construction of San Francisco Public Library	Mayor, Supervisors Sandoval, Ammiano
	Ordinance appropriating, and placing on reserve, $35,801,823 of bond sale proceeds from the 2000 Branch Library Improvement Program Bond - 3rd Series to fund the improvement and construction of San Francisco Public Library facilities for current fiscal year 2004-05. (Fiscal impact.)






	Supervisor Sandoval requested to be added as a co-sponsor.

	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050680	[Bond Sale of Zoo Facilities Bonds]		Supervisors Elsbernd, Sandoval
	Resolution authorizing and directing the sale of not to exceed $7,505,000 City and County of San Francisco General Obligation Bonds (Zoo Facilities Bonds, 1997), Series 2005H; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Fiscal impact.)






	Supervisor Sandoval requested to be added as a co-sponsor.
	Enacted Number:	356-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050736	[Appropriate General Obligation Bond sale proceeds to fund the acquisition, construction and/or reconstruction of San Francisco Zoo facilities and properties]	Mayor, Supervisors Elsbernd, Sandoval, Ammiano
	Ordinance appropriating, and placing on reserve, $7,505,000 in General Obligation Bond sale proceeds to fund the acquisition, construction and/or reconstruction of San Francisco Zoo facilities, properties and all other works (as part of 1997 Proposition C) for current fiscal year 2004-05. (Fiscal impact.)






	Supervisors Elsbernd and Sandoval requested to be added as co-sponsors.

	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050619	[Accept and Expend Federal Grant Funds Under the Airport Improvement Program (AIP)]
	Resolution authorizing the Airport Commission to accept and expend grant funds in a total amount of $20,066,423 from the Federal Aviation Administration: $6,066,423 (A.I.P 28, Project No. 3-06-0221-28); $8,250,000 (A.I.P 31, Project No. 3-06-0221-31), and $5,750,000 (A.I.P 32, Project No. 3-06-0221-32) for Airport standard and security improvements. (Airport Commission)







	Enacted Number:	354-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050676	[Accept - Expend State Grant - S.F. Library]		Supervisors McGoldrick, Sandoval
	Resolution authorizing the San Francisco Public Library to accept and expend funds in the amount of $5,958,841 from the state Office of Library Construction from funds made available under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for the renovation and expansion of the Richmond/ Senator Milton Marks Branch Library.






	Supervisor Sandoval requested to be added as a co-sponsor.
	Enacted Number:	355-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050694	[Accept - Expend State Grant - S.F. Library]		Supervisors Sandoval, Elsbernd
	Resolution authorizing the San Francisco Public Library to accept and expend funds in the amount of $3,751,943 from the state Office of Library Construction from funds made available under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for the construction of the new Ingleside Branch Library.







	Enacted Number:	360-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendation of the Government Audit and Oversight Committee



050745	[Water Rates]	Mayor, Supervisor Ammiano
	Ordinance approving revised schedule of rates to be charged by the San Francisco Public Utilities Commission for water service to its retail customers inside and outside the City and County of San Francisco. (Fiscal impact.) (Supervisor Mirkarimi dissenting in committee.)








	PASSED ON FIRST READING by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 1 - Ma

Recommendations of the Land Use Committee



050724	[Zoning Map Amendment in connection with the Alabama and 18th Streets Affordable Housing Special Use District]
	Ordinance amending the Sectional Zoning Map No. 7SU of the San Francisco Planning Code to incorporate the Alabama and 18th Streets Affordable Housing Special Use District as being applicable to the block bounded by 18th, 19th, Alabama, and Florida Streets (Assessor's Block 4021, Lot 001); adopting findings. (Planning Department)








	Supervisor Daly, seconded by Supervisor Maxwell, moved that this Ordinance be RE-REFERRED. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050725	[Alabama and 18th Streets Affordable Housing Special Use District]
	Ordinance amending the San Francisco Planning Code by adding Section 249.27 to create the Alabama and 18th Streets Affordable Housing Special Use District applicable to the block bounded by 18th, 19th, Alabama, and Florida Streets (Assessor's Block 4021, Lot 001); adopting findings. (Planning Department)








	Supervisor Daly, seconded by Supervisor Maxwell, moved that this Ordinance be RE-REFERRED. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



041741	[Castro Street and Upper Market Neighborhood Commercial Districts - Exemption of certain entertainment permits from the conditional use process]	Supervisor Dufty
	Ordinance amending the San Francisco Planning Code by amending Section 715.48 and Section 721.48 to provide that existing bars in the Castro Street and Upper Market Neighborhood Commercial Districts will be allowed to apply for and receive a place of entertainment permit from the Entertainment Commission without obtaining conditional use authorization from the Planning Commission if they can demonstrate to the satisfaction of the Entertainment Commission that they have been in regular operation as an entertainment use prior to January 1, 2004; adopting findings.
















	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050352	[Supporting State Legislation AB 781]		Supervisors Peskin, Ammiano, Daly, McGoldrick
	Resolution urging the California State Legislature to approve Assembly Bill 781, introduced by Assemblyman Mark Leno.







	Enacted Number:	377-05
	ADOPTED by the following vote:
	Ayes: 8 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Elsbernd, Ma

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

Privilege of the Floor







	Supervisor Dufty, seconded by Supervisor McGoldrick, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval







	Supervisor Peskin introduced, welcomed and presented a Certificate of Honor to members of the Department of Public Works in recognition of Department of Public Works Week in San Francisco. Supervisor McGoldrick introduced, welcomed and presented a Certificate of Honor to Angela Hinckle in honor of her 100th Birthday.

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole



050776	[Hearing - 6 Month Extension of Interim Moratorium on Medical Canabis Dispensaries]
	Hearing to consider the possible adoption of an urgency ordinance approving a 6 month 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. (Clerk of the Board)






	Arthur Evans; opposed to the proposed legislation Dan Liberonsen, Miraloma Park; expressed concern over legislation Reverend Randelyn Webster, Patients Cooperative; support of legislation Jonathan Beaver; opposed to legislation Robert Pender, Vice President, Park Merced Apartments; support of legislation Brent Saupe; expressed concern regarding guidelines Tony Boles, President of California Marijuana Party, opposed to moratorium Shawna, SF America Safe Access; opposed to moratorium Marilyn Amini; expressed concern regarding reports and amended legislation Micki Norris; support of legislation Sylvia; support of legislation The President declared the public hearing closed.

	HEARD AT PUBLIC HEARING.

Committee of the Whole Adjourn and Report Without Recommendation



050773	[Zoning - 6 Month Extension of Interim Moratorium on Medical Cannabis Dispensaries]		Supervisor Mirkarimi
	Urgency ordinance approving a 6-month 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.







	Enacted Number:	98-05
	FINALLY PASSED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

SPECIAL ORDER 4:00 P.M.





	Supervisor Mirkarimi noted absent at 4:40 p.m. Supervisor Daly noted absent at 5:15 p.m.



050664	[Public Hearing - Appeal of Categorical Exemption from Environmental Review for 2506 Union Street]
	Hearing of persons interested in or objecting to the decision of the Planning Department dated March 14, 2005 (Case No. 2004.1201E), exempting from environmental review under CEQA Guidelines Section 15301(e) and 15331, the proposal to demolish the one-story garage located in the front setback area and add an approximately 1,953-square foot horizontal addition in the rear of the single-family building. The proposed addition would result in an approximately 5,876-square foot, two-story over garage single-family residential structure. The height of the structure would not change. The proposed alteration would include major interior alterations and a new two-car tandem-parking garage in the basement of the existing structure. The project would provide the required 45% rear yard requirement, which is approximately 34'-9". The existing building on the project site was constructed around 1898 and is listed in HERE TODAY, and as such, is considered an historical resource under the California Environmental Quality Act (CEQA). The existing building is also listed in the 1976 Architectural Survey conducted by the San Francisco Planning Department. The 4,812-square foot site is located at 2506 Union Street (Lot 05, Assessor's Block 0945), 25 feet from the northwest corner of Union and Scott Streets in the Marina Neighborhood. The site is zoned RH-1 (Residential-House, One-Family) and is within a 40-X height and bulk district. (Appellant: Jeremy Paul on behalf of Jacqueline and John McMahan.) (Filed April 11, 2005; companion measure to Files 050665, 050666, 050667; District 2.)




	Jeremy Paul, on behalf of Jacqueline and John McCann, appellants Pat Buscavich; support of appellant John McCann; appellant Male speaker; support of appellant Male speaker; support of appellant Erin Grucz; SF Heritage, support of appellant Larry Badiner, Zoning Administrator, Paul Maltzer, Environmental Officer, and Adam Light, Planning Department reviewed with the Board the recommendation of the Planning Department. Alice Barkley, Attorney for project sponsor. Hisashi B. Sugaya, AICP; Architect for project sponsor Owner of the property Jeremy Paul, on behalf of the appellant; rebuttal period The President declared the public hearing closed.

	HEARD AT PUBLIC HEARING.


	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.)



050665	[Affirming the categorical exemption issued for 2506 Union Street]
	Motion affirming the determination by the Planning Department that the 2506 Union Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)





	Enacted Number:	M05-71
	Supervisor Alioto-Pier, seconded by Supervisor Sandoval, moved that this Motion be APPROVED. The motion carried by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Mirkarimi



050666	[Disapproving the categorical exemption issued for 2506 Union Street]
	Motion disapproving the determination by the Planning Department that the 2506 Union Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)






	Supervisor Alioto-Pier, seconded by Supervisor Sandoval, moved that this Motion be TABLED. The motion carried by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Mirkarimi



050667	[Preparation of findings related to the categorical exemption issued for 2506 Union Street]
	Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 2506 Union Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)





	Enacted Number:	M05-72
	Supervisor Alioto-Pier, seconded by Supervisor Sandoval, moved that this Motion be APPROVED. The motion carried by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Mirkarimi

SPECIAL ORDER 4:30 P.M.





	Supervisor Mirkarimi noted present at 5:30 p.m. Supervisor Daly noted present at 5:33 p.m. Supervisor Daly noted absent at 5:55 p.m.



050658	[Public Hearing - Appeal of Categorical Exemption from Environmental Review for 755 22nd Avenue]
	Hearing of persons interested in or objecting to the decision of the Planning Department dated September 20, 2004, Case No. 2004.0338DDD, (Building Permit Application No. 2003.09.29.6087S), exempting from environmental review under Section 101.1, the proposal to construct a 3-story horizontal addition at the rear of the 3-story structure and to add a dwelling unit at the ground floor level as reviewed by the Commission on September 9, 2004. Planning Commission failed to pass a motion, therefore the item was approved as proposed. The project is located at 755 22nd Street, Lot 14 in Assessor's Block 1665. (Appellants: Camille Hamilton and David R. Pating). (Filed April 11, 2005; companion measure to Files 050659, 050660, 050661; District 1.)




	Camille Hamilton and David Pating, appellant Sandra Fewer; support of appellant Patricia O'Neal; support of appellant A.D. Wyatt Norton; support of appellant Gray Holland; support of appellant G. Platt; support of appellant Paul Maltzer, Environmental Officer, Planning Department and Larry Badiner, Zoning Administrator reviewed the recommendation of the Planning Department. Jeff Nemy; Owner of the property Ed Kemp; support of Planning Department's decision Charles Hickey; support of Planning Department's decision Cliff Gardner; support of Planning Department's decision Ted Lee; support of Planning Department's decision Laura Hayber; support of Planning Department's decision Male speaker; support of Planning Department's decision Nick Ames; support of Planning Department's decision Male speaker; support of Planning Department's decision Male Speaker; support of Planning Department's decision Andrew Junius, Attorney for the project sponsor Camille Hamilton, Appellant; rebuttal period The President declared the public hearing closed.

	HEARD AT PUBLIC HEARING.


	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.)



050660	[Disapproving the categorical exemption issued for 755 22nd Avenue]
	Motion disapproving the determination by the Planning Department that the 755 22nd Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)




	Supervisor McGoldrick, seconded by Supervisor Ammiano, moved to approve this item. Motion to approve this matter failed by the following vote: Ayes: 3 - Ammiano, McGoldrick, Mirkarimi Noes: 7 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin, Sandoval Absent: 1 - Daly

	Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote:
	Ayes: 7 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin, Sandoval Noes: 3 - Ammiano, McGoldrick, Mirkarimi Absent: 1 - Daly



050659	[Affirming the categorical exemption issued for 755 22nd Avenue]
	Motion affirming the determination by the Planning Department that the 755 22nd Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)




	Supervisor McGoldrick, seconded by Supervisor Ammiano, moved to table this item. Motion to table this matter failed by the following vote: Ayes: 3 - Ammiano, McGoldrick, Mirkarimi Noes: 7 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin, Sandoval Absent: 1 - Daly
	Enacted Number:	M05-73
	Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be APPROVED. The motion carried by the following vote:
	Ayes: 7 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin, Sandoval Noes: 3 - Ammiano, McGoldrick, Mirkarimi Absent: 1 - Daly



050661	[Preparation of findings related to the categorical exemption issued for 755 22nd Avenue]
	Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 755 22nd Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)




	Supervisor McGoldrick, seconded by Supervisor Ammiano, moved to approve this item. Motion to approve this matter failed by the following vote: Ayes: 3 - Ammiano, McGoldrick, Mirkarimi Noes: 7 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin, Sandoval Absent: 1 - Daly
	Enacted Number:	M05-74
	Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be APPROVED. The motion carried by the following vote:
	Ayes: 7 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin, Sandoval Noes: 3 - Ammiano, McGoldrick, Mirkarimi Absent: 1 - Daly

COMMITTEE REPORTS



050682	[Bond Sale of California Academy of Sciences Improvement Bonds]		Supervisors McGoldrick, Elsbernd, Sandoval
	Resolution authorizing and directing the sale of not to exceed $79,370,000 General Obligation Bonds (California Academy of Sciences Improvement Bonds, 2000), Series 2005E; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Fiscal impact.)






	Supervisors Elsbernd and Sandoval requested to be added as co-sponsors.
	Enacted Number:	358-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050732	[Steinhart Aquarium General Obligation Bond Issuance]		Supervisors McGoldrick, Elsbernd, Sandoval
	Resolution providing for the issuance of not to exceed $29,245,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Steinhart Aquarium Improvement Bonds, 1995); authorizing the execution, authentication and registration of said bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Fiscal impact.)






	Supervisors Elsbernd and Sandoval requested to be added as co-sponsors.
	Enacted Number:	361-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050733	[Bond Sale of Steinhart Aquarium Improvement Bonds]		Supervisors McGoldrick, Elsbernd, Sandoval
	Resolution authorizing and directing the sale of not to exceed $29,245,000 General Obligation Bonds (Steinhart Aquarium Improvement Bonds, 1995), Series 2005F; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Fiscal impact.)






	Supervisors Elsbernd and Sandoval requested to be added as co-sponsors.
	Enacted Number:	362-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050734	[Appropriate bond sale proceeds from the 1995 Steinhart Aquarium Bond and 2nd series sale of the 2000 Academy Facility Improvement Bond to fund the reconstruction, renovation and other	Mayor, Supervisors Elsbernd, Sandoval, Ammiano
	Ordinance appropriating, and placing on reserve, $29,245,000 of 1995 Steinhart Aquarium (Series - 2005) and $79,370,000 of 2000 Academy of Sciences (2nd Series - 2005) bond sales proceeds, for a total of $108,615,000, to fund the reconstruction, renovation and other construction for California Academy of Sciences in Golden Gate Park for current fiscal year 2004-05. (Fiscal impact.)






	Supervisors Elsbernd and Sandoval requested to be added as co-sponsors.

	PASSED ON FIRST READING by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050596	[Traffic Regulation - Galvez Street between Newhall Street and Bayview Plaza Shopping Center]		Supervisor Maxwell
	Resolution enacting temporary "Street Closed to Vehicular Traffic" regulation on Galvez Street between Newhall Street and Bayview Plaza Shopping Center from 7:30 A.M. to 3:30 P.M. on every Saturday between May 21, 2005 through December 10, 2005.







	Enacted Number:	353-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050693	[Temporary Sidewalk Occupancy]
	Resolution allowing for occupancy of a portion of the sidewalk on the east side of Fillmore between Chestnut and Bay street from 8:00 A.M. to 3:00 P.M. on every Saturday between May 28, 2005 through October 29, 2005.













	Enacted Number:	359-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval



050674	[Liquor License, 25 Maiden Lane]
	Resolution determining that the issuance of a Type 48 on sale general public premises liquor license to Cornerstone Restaurant Group LLC, for the business located at 25 Maiden Lane, 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.









	Enacted Number:	338-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

ROLL CALL FOR INTRODUCTIONS





	Pursuant to the Board of Supervisors Rule No. 3.9 Supervisor Mirkarimi provided the Board an update on LAFCO on which he represents the Board of Supervisors. Supervisor Ammiano provided the Board an update on Golden Gate Bridge Board District on which he represents the Board of Supervisors. Supervisor Dufty also provided the Board an update on Golden Gate Bridge Board District on which he represents the Board of Supervisors.

PUBLIC COMMENT





	Male speaker; shared with the Board his singing career James Chaffe; expressed concern regarding certain Library issues Jim Adams; showed interest in Democracy and peace and establishing a Mayor's Office of Peace Commission Michael O'Donnell; expressed concern with Chapters 12d a and 14 of the Administrative Code and 2002-03 Grand Jury reports relating to the sections above Anthony and Harold Burchnell; expressed concern regarding not waiving fees for honorable discharged individuals Linda Hunter; Farallones Marine Sanctuary Association Eugene Gordon, Jr.; showed interest in human rights issues Male speaker; expressed concern with the Medical Marijuana regulations and requested to have a patient guidelines included Female speaker; showed interest with pending legislation relating for monies for displaced persons and general issues

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.



050821	[Emergency Disadvantaged Business Enterprise Program - May 24, 2005, Committee of the Whole]		Supervisor Ammiano
	Motion for the Board of Supervisors to convene as a committee of the whole on May 24, 2005, at 4:00 p.m. to accept public testimony concerning the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.





	Enacted Number:	M05-76
	APPROVED



050831	[Rescind FDA Sperm Donor Recommendations]		Supervisors Ammiano, Dufty
	Resolution urging the Federal Food and Drug Administration (FDA) to rescind its policy recommendations for anonymous sperm donors which bar gay and bisexual men from being prospective donors, and further urging the FDA to adopt community recommendations to institute a non-discriminatory policy based on sexual behavior rather than sexual orientation.





	Enacted Number:	376-05
	ADOPTED



050832	[Nurses Day - May 12, 2005]		Supervisors Ammiano, Elsbernd, Sandoval
	Resolution declaring May 12, 2005 as "Nurses Day" in the City and County of San Francisco.




	Supervisors Elsbernd and Sandoval requested to be added as co-sponsors.
	Enacted Number:	363-05
	ADOPTED



050833	[Ninth Taiwanese Cultural Festival]		Supervisor Ammiano
	Resolution recognizing the Ninth Taiwanese Cultural Festival in San Francisco and commending the Taiwanese American Federation of Northern California and its many volunteers on this 21st day of May, 2005, for contributing to the recognition of Taiwanese Americans in the City and County of San Francisco.





	Enacted Number:	384-05
	ADOPTED



050834	[Classified Employees Week]		Supervisor Ammiano
	Resolution supporting the negotiations in good faith between Service Employees International Union (SEIU) and United Educators of San Francisco (UESF) to ensure classified employees are adequately honored and appreciated for the invaluable service they provide to the children of San Francisco and further honoring and recognizing May 15 through May 21, 2005 as Classified Employees Week.





	Enacted Number:	383-05
	ADOPTED



050835	[AB 1612-Cigarette Pollution and Litter Prevention Act of 2005]		Supervisor Alioto-Pier
	Resolution in support of AB 1612, the Cigarette Pollution and Litter Prevention Act of 2005, by the City and County of San Francisco.





	Enacted Number:	364-05
	ADOPTED



050836	[Commending Joe Matranga]		Supervisor Elsbernd
	Resolution commending Joe Matranga on the celebration of his 21 years of service to The City and County of San Francisco.





	Enacted Number:	365-05
	ADOPTED



050837	[Mural Awareness Month]		Supervisor Ma
	Resolution recognizing May 2005 as "Mural Awareness Month" in the City and County of San Francisco.





	Enacted Number:	366-05
	ADOPTED



050839	[Supporting H.R. 1712 and S 880]		Supervisor McGoldrick
	Resolution supporting H.R. 1712 and S880 which intends to expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary.





	Enacted Number:	382-05
	ADOPTED



050840	[San Francisco Nature Education Day]		Supervisor McGoldrick
	Resolution declaring May 20, 2005 as San Francisco Nature Education Day.





	Enacted Number:	367-05
	ADOPTED



050841	[Commending the Women of Sister's Tea]		Supervisor Maxwell
	Resolution commending the Women Extraordinary awardees of the Sister's Tea.





	Enacted Number:	368-05
	ADOPTED



050842	[Extending the Asthma Task Force to June 30, 2008]		Supervisor Maxwell
	Resolution extending the Asthma Task Force to June 30, 2008.





	Enacted Number:	369-05
	ADOPTED



050843	[Accept-Expend Federal Grant - 2005 After-School Snack Pilot Program]		Supervisor Maxwell
	Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $196,453 from the United States Department of Agriculture for the 2005 After-School Snack Pilot Program.





	Enacted Number:	370-05
	ADOPTED



050844	[Accept-Expend Grant Awarded to the San Francisco Department of the Environment by Golden Gate University School of Law, Environmental Law and Justice Clinic]		Supervisors Maxwell, Peskin, Ammiano, Daly
	Resolution authorizing the San Francisco Department of the Environment to accept and expend a grant in the amount of $23,000 from the Environmental Law and Justice Clinic of the Golden Gate University School of Law for administrative and outreach services relating to a Clean Air Act educational workshop and an Environmental Justice conference to bring together governmental agencies, community groups, activists and academic institutions.





	Enacted Number:	371-05
	ADOPTED



050845	[Supporting Conscientious Objection to the Iraq War and Occupation]		Supervisors Mirkarimi, Daly, McGoldrick, Ammiano
	Resolution supporting Conscientious Objection to the Iraq War and Occupation.





	Enacted Number:	381-05
	ADOPTED



050846	[Opposing Special Election]		Supervisor Peskin
	Resolution opposing Governor Arnold Schwarzenegger's proposal for a special election.





	Enacted Number:	372-05
	ADOPTED



050847	[Grant to develop and implement a local infrastructure to augment the current activities of the S.F. Childhood Lead Prevention Program]		Supervisor Peskin
	Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend a new grant in the amount of $52,550 from the State Department of Health Services (SDHS) Lead Hazard Reduction Compliance and Enforcement Program, to enter into an agreement for the use of these funds, and to add one 0.1 position funded through this grant; for the period of July 1, 2005, to June 30, 2006.





	Enacted Number:	373-05
	ADOPTED



050848	[Accept-Expend Federal Grant - Department of Public Works]		Supervisor Peskin
	Resolution authorizing the Department of Public Works to accept and expend a grant of federal Surface Transportation funds in the amount of $2,000,000 through the Metropolitan Transportation Commission's Transportation for Livable Communities Program for Broadway Streetscape Improvements Project, Phase II, and stating the assurance of the San Francisco Department of Public Works to complete the project. (Fiscal impact.)





	Enacted Number:	374-05
	ADOPTED



050815	[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.





	Enacted Number:	M05-77
	APPROVED









	The foregoing items were acted upon by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Severed from Without Reference to Committee





	Supervisor Peskin requested that this matter be severed so that it might be considered separately

Appointment of President Pro Tempore





	At the request of the President, Supervisor Ammiano assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter.



050760	[Final Map for a 6 Unit Residential Condominium Project - 400-402-404-406-408-410 Vallejo Street]
	Motion approving Final Map of 400-402-404-406-408-410 Vallejo Street, A Residential Condominium Project, being a subdivision of Lot 11 in Assessor's Block No. 133, and adopting findings pursuant to Planning Code Section 101.1. (DPW Order No. 175,357; District 3.)






	Supervisor Sandoval was noted absent at 4:00 p.m.

	NOT APPROVED by the following vote:
	Noes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval



050819	[Extending Early Retirement Program]	Supervisor Ma
	Resolution extending Early Retirement Program for and through fiscal year 2005-06. (Fiscal impact.)




	Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. Supervisor Elsbernd requested that this matter be referred to Committee.

	REFERRED to the Government Audit and Oversight Committee.



050838	[Hydrogen Vehicle Feasibility Study]	Supervisor Ma
	Resolution urging the Department of Administrative Services to conduct a feasibility study on the use of hydrogen engine vehicles in the City vehicle fleet.




	Supervisor Daly requested that this matter be severed so that it might be considered separately. Supervisor Daly requested that this matter be referred to Committee.

	REFERRED to the Government Audit and Oversight Committee.







	Supervisor Sandoval was noted present at 4:01p.m.

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances



050867	[San Francisco Community Health Joint Powers Authority Conflict of Interest Code]	Supervisor Ammiano
	Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by adding section 3.1-417 to create a conflict of interest code for the San Francisco Community Health Joint Powers Authority.
	5/17/05, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/16/2005.



050868	[To appropriate funding for San Francisco General and Laguna Honda Hospital operations]	Mayor
	Ordinance appropriating $16,683,000 in surplus revenues for salaries, fringe benefits, contractual services, materials and supplies, and capital projects at San Francisco General Hospital and $1,110,000 in surplus revenues for salaries and materials and supplies for Laguna Honda Hospital for a total of $17,793,000 for the Public Health Department for fiscal year 2004-05. (Fiscal impact.)
	5/17/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.



050871	[Adopting the Redevelopment Plan Amendment for the South of Market Redevelopment Project Area]	Mayor, Supervisor Daly
	Ordinance approving and adopting the Redevelopment Plan Amendment for the South of Market Redevelopment Project Area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan Amendment and related documents are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law; and authorizing official acts in furtherance of this ordinance. (Fiscal impact.)
	5/17/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/16/2005. SUPPORTING MATERIALS: Redevelopment Agency's Executive Director's memo to Agency Commission on South of Market Redevelopment Plan Amendment and related Agency Commission Resolution Nos. 67-2005 through 69-2005 and 71-2005 through 72-2005, adopted by Agency Commission May 3, 2005. Final Environmental Impact Report for the South of Market Redevelopment Plan Amendment (FEIR) and the Final Supplement to FEIR (Appendix H). Report on South of Market Redevelopment Plan Amendment.



050883	[Designating a sole source contractor for the art elements of the 24th and York Mini Park]	Supervisor Ammiano
	Ordinance designating Precita Eyes Muralists as the sole source contractor for the art elements of the 24th and York Mini Park and waiving the competitive procurement requirements of San Francisco Administrative Code Chapter 6 for these services.
	5/17/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Resolutions



050819	[Extending Early Retirement Program]	Supervisor Ma
	Resolution extending Early Retirement Program for and through fiscal year 2005-06. (Fiscal impact.)
	5/10/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 5/12/05 - Received correspondence from Clare M. Murphy, Retirement System Executive Director and Acting Actuary, regarding: 1) Effect of Proposed Resolution, and 2) Cost of the Early Retirement Program though January 31, 2005. Copy distributed to each member of the Board.

	5/17/05, REFERRED to Government Audit and Oversight Committee. Supervisor Elsbernd requested that this matter be severed so that it might be considered separately. Supervisor Elsbernd requested that this matter be referred to Committee.



050838	[Hydrogen Vehicle Feasibility Study]	Supervisor Ma
	Resolution urging the Department of Administrative Services to conduct a feasibility study on the use of hydrogen engine vehicles in the City vehicle fleet.
	5/10/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

	5/17/05, REFERRED to Government Audit and Oversight Committee. Supervisor Daly requested that this matter be severed so that it might be considered separately. Supervisor Daly requested that this matter be referred to Committee.



050866	[Authorizing Agreement with J.P. Morgan Electronic Financial Services, Inc]	Supervisor Ammiano
	Resolution authorizing an agreement with J. P. Morgan Electronic Financial Services, Inc. to facilitate the use of state-issued Electronic Benefits Transfer cards at the Alemany Farmer's Market.
	5/17/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.



050872	[Declaring May 2005, Elder Abuse Awareness Month]	Supervisors Ma, Ammiano
	Resolution declaring May 2005 to be "Elder Abuse Awareness Month" in the City and County of San Francisco.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050873	[Declaring May 2005, Hepatitis Awareness Month]	Supervisors Ma, Ammiano
	Resolution declaring May 2005 to be "Hepatitis Awareness Month" in the City and County of San Francisco.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050874	[Commending Dave Garrison]	Supervisor Maxwell
	Resolution commending Dave Garrison for his commitment to San Francisco and for his years of service on behalf of his family and the community.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050875	[Commending Saint Ignatius College Preparatory on its 150 years of Jesuit Education]	Supervisors Elsbernd, Sandoval, Alioto-Pier, Ma, McGoldrick
	Resolution commending Saint Ignatius College Preparatory on its 150 years of Jesuit Education in San Francisco.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050876	[Resolution of Intention to form the 2500 Block of Mission Street Business Improvement District (BID)]	Supervisor Ammiano
	Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "2500 Block of Mission Street Business Improvement District (BID)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
	5/17/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.



050877	[Resolution of Intention to form the North of Market/Tenderloin Community Benefits District (CBD]	Supervisor Daly
	Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "North of Market/Tenderloin Community Benefits District (CBD)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
	5/17/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.



050878	[Resolution of Intention to form the Fisherman's Wharf Community Benefit District (CBD)]	Supervisor Peskin
	Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district to be known as the "Fisherman's Wharf Community Benefit District (CBD)," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
	5/17/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.



050881	[Exploratorium Lease Agreement Exemption]	Supervisor Peskin
	Resolution exempting the potential lease of portions of the Piers 15 and 17 properties to the Exploratorium from the competitive bidding policy set forth in Administrative Code Section 2.6-1.
	5/17/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.



050882	[Street Resurfacing, Pedestrian Safety and Access Improvement General Obligation Bonds]	Supervisors Ammiano, Peskin
	Resolution determining and declaring that the public interest and necessity demand the acquisition, construction or completion of street reconstruction, pavement renovation, disabled access curb ramp construction, sidewalk and street improvements, street structure rehabilitation and improvements, pedestrian safety street and signal improvements, street improvements for bicycle use and all other structures and improvements necessary or convenient for the foregoing purposes; finding that the estimated cost of $208,000,000 for such improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53. (Fiscal impact.)
	5/17/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.



050884	[Congratulating S.F. Archbishop William Levada on his appointment as the new prefect of the Congregation for the Doctrine of Faith]	Supervisors McGoldrick, Maxwell, Elsbernd
	Resolution congratulating San Francisco Archbishop William Levada on his appointment as the highest-ranking American in Catholic church history, the prefect of the Congregation for the Doctrine of Faith.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050885	[Urging Municipal Transportation Agency to make all enrolled San Francisco High School students eligible for their youth rate]	Supervisors Dufty, Ammiano, Ma
	Resolution urging the San Francisco Municipal Transportation Agency (SFMTA) to make all enrolled San Francisco High School students eligible for their youth rate and to allow all current student identification cards as valid forms of identification.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050888	[Arts Task Force Appointment]	Supervisor Ammiano
	Resolution adding a non-voting member from the Film Commission who shall be appointed by the Mayor of San Francisco.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050890	[Commending the SF Food Bank, St. Anthony Foundation, and Project Open Hand]	Supervisors Maxwell, Ammiano, Alioto-Pier, Elsbernd, Ma, McGoldrick, Dufty, Peskin, Mirkarimi
	Resolution commending the San Francisco Food Bank, St. Anthony Foundation and Project Open Hand as well as more than 450 programs that distribute food in recognizing June 7, 2005 As National Hunger Awareness Day in San Francisco.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050891	[Temporary "Street Closure to Vehicular Traffic" on O'Farrell Street between Steiner and Fillmore]	Supervisor Mirkarimi
	Resolution enacting temporary "Street Closure to Vehicular Traffic" regulation on O'Farrell Street between Steiner Street and Fillmore Street from 7:00 A.M. to 2 P.M. on every Saturday between July 9, 2005 and November 19, 2005.
	5/17/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 05/23/05 - Referred to Parking and Traffic for determination of environmental impact. 05/23/05 - Parking and Traffic notified to post notices and ad place in the 05/28/05 edition of the SF Chronicle. 05/26/05 - Response recieved from Parking and Traffic, exempt from evironmental review.



050892	[Public Scoping Meeting - 55 Laguna Street]	Supervisors Mirkarimi, Dufty, Daly
	Resolution urging the Planning Department to hold a public scoping meeting for the environmental review of the proposed project at 55 Laguna Street Housing Project.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050893	[Conform Environmental Guidelines to Transit First Policy]	Supervisors Mirkarimi, Ammiano
	Resolution urging the Planning Commission to set policy directing the Environmental Review Officer to modify local Environmental Review guidelines to remove the requirement that an Environmental Impact Report is required when a lane of automobile traffic is replaced with a bicycle or pedestrian facility under certain circumstances.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050894	[Vigilante Border Patrol]	Supervisors McGoldrick, Maxwell, Dufty, Sandoval
	Resolution condemning Governor Schwarzenegger's support of the Minuteman Project and urging the State Attorney General as well as the State Legislature to take any necessary actions to prevent any form of vigilante patrol at the California-Mexico border.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050895	[Opposing the Reauthorization of Patriot Act Provisions]	Supervisors McGoldrick, Ammiano
	Resolution urging Senator Barbara Boxer, Senator Dianne Feinstein and U.S. Representative Nancy Pelosi to oppose any attempts to expand the Patriot Act, to prevent the reauthorization of any Patriot Act provisions, and to allow Patriot Act provisions to expire.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050896	[Endorsing and expanding MTA "Class Pass" program by offering discount Muni Fast Passes to students/staff/faculty of local colleges and universities]	Supervisors McGoldrick, Elsbernd, Ammiano, Ma
	Resolution endorsing the expansion of the Municipal Transportation Agency's (MTA) "Class Pass" program by developing more fare-free transit partnerships with San Francisco colleges and universities.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050897	[Adopting findings related to the final subdivision map disapproval for property located at 400-410 Vallejo Street]	Supervisor Peskin
	Motion adopting findings related to the disapproval of a final subdivision map for a 6-unit condominium subdivision for property located at 400-401 Vallejo Street (Assessor's Block 133, Lot 11).
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050898	[Endorsing State Legislation AB 749]	Supervisors Peskin, Elsbernd, Ammiano
	Resolution endorsing Assembly Bill 749, introduced by Assemblyman Mark Leno, and urging the California State Legislature and the Governor of California to support this bill.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050899	[Endorsing State Legislation AB 852]	Supervisors Peskin, Elsbernd, Ammiano
	Resolution endorsing Assembly Bill 852, introduced by Assemblyman Mark Leno, and urging the California State Legislature and the Governor of California to support this bill.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050900	[Sari Jo Wade Day]	Supervisor Peskin
	Resolution declaring June 10, 2005 Sari Jo Wade Day in the City and County of San Francisco in honor of her extraordinary career and dedicated service toward improving the public welfare of the children and families of this City.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing



050869	[2004-2005 Civil Grand Jury Report - Ethics Commission Budgeting and Staffing Issues]	Supervisor Peskin
	Hearing on the recently published 2004-2005 Civil Grand Jury report regarding: The San Francisco Ethics Commission Budgeting and Staffing issues.
	5/17/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.



050870	[2004-2005 Civil Grand Jury Report - A New Chief of the Juvenile Probation Department: An Opportunity for Reform]	Supervisor Peskin
	Hearing on the recently published 2004-2005 Civil Grand Jury report regarding: A New Chief of the Juvenile Probation Department: An Opportunity for Reform.
	5/17/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.



050879	[A2 Redevelopment Project Areas]	Supervisor Mirkarimi
	Hearing on the status, goals and objectives, of the A2 Redevelopment Project Areas concerning the revitalization of the Fillmore-Western Addition Jazz Corridor and Japantown.
	5/17/05, RECEIVED AND ASSIGNED to Land Use Committee.



050880	[Redevelopment Agency]	Supervisor Mirkarimi
	Hearing concerning the Redevelopment Agency's Tax Increment impacts to the General Fund as caused by the Agency's Survey/Project Areas in Mid-Market, Transbay, and Bay View; further requests as party to said hearing that the Office of the Controller provide an economic analysis that contrasts any relationship between cuts or benefits for critical services that are funded by the General Fund as compared to any General Fund diversions that support Redevelopment Agency projects.
	5/17/05, RECEIVED AND ASSIGNED to Land Use Committee.



050887	[Laguna Honda Hospital's Reconstruction Project]	Supervisor Peskin
	Hearing on the current status of Laguna Honda Hospital's reconstruction project and conditions at the facility during this project.
	5/17/05, RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

Motions



050889	[Rejecting the MTA Budget]	Supervisors Daly, Ammiano, Mirkarimi
	Motion rejecting the Municipal Transportation Agency's proposed FY 2005-2006 budget, finding that the public was deprived access to the MTA budget decision making process, requesting the MTA Board of Directors act on its budget at its next meeting, and urging the MTA to present a revised budget that does not increase commuter fares or lay off transit operators by June 16th. (Fiscal impact.)
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.



050886	[Committee of the Whole - Health service reductions (Bielenson Hearing) June 21, 2005 at 3:00 p.m.]	Supervisor Ammiano
	Motion scheduling the Board to sit as a Committee of the Whole to consider health service reductions (Bielenson Hearing), to be held on June 21, 2005 at 3:00 p.m.
	5/17/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES



050852	[Ordering the vacation of a portion of Bernal Heights Boulevard]
	Ordinance ordering the vacation of a portion of Bernal Heights Boulevard west of Moultrie Street; transferring jurisdiction from the Department of Public Works to the Recreation and Park Department; adopting environmental findings and findings that such actions are consistent with the City's General Plan and the Eight Priority Policies of Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. (Real Estate Department)
	5/6/05, RECEIVED AND ASSIGNED to Land Use Committee.



050855	[Settlement of Lawsuit - Klara Khaimskaya]
	Ordinance authorizing settlement of the lawsuit filed by Klara Khaimskaya against the City and County of San Francisco on October 16, 2003 in San Francisco Superior Court, Case No. 425-488, entitled Klara Khaimskaya, et al., v. City and County of San Francisco, et al. and authorizing a payment of $1,020,000. (City Attorney)
	5/9/05, RECEIVED AND ASSIGNED to Rules Committee.



050856	[Settlement of Lawsuit - Nydia Rosales]
	Ordinance authorizing settlement of the lawsuit filed by Nydia Rosales against the City and County of San Francisco for $40,000; the lawsuit was filed on March 24, 2003 in San Francisco Superior Court, Case No. 418-728; entitled Nydia Rosales, et al., v. City and County of San Francisco, et al. (City Attorney)
	5/9/05, RECEIVED AND ASSIGNED to Rules Committee.



050857	[Settlement of Lawsuit - Nancy Enciso]
	Ordinance authorizing settlement of the lawsuit filed by Nancy Enciso against the City and County of San Francisco for $200,000.00; the lawsuit was filed on August 18, 2004, in the Superior Court of the State of California, County of San Francisco, Case No. 433-927; entitled Nancy Enciso v. The City and County of San Francisco, Hugo Aguilera, et al. (City Attorney)
	5/9/05, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS



050850	[Emergency Construction Contract]
	Resolution requesting the Board of Supervisors to approve the expenditure of funds for emergency slope and drainage repair at the SFPUC Harry Tracy Water Treatment Plant, in the amount of $2.5 million. (Public Utilities Commission) (Fiscal impact.)
	5/9/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.



050851	[Vacation of a portion of Bernal Heights Boulevard]
	Resolution declaring the intention of the Board of Supervisors to vacate a portion of Bernal Heights Boulevard west of Moultrie Street and transfer jurisdiction from the Department of Public Works to the Recreation and Park Department; setting the hearing date for all persons interested in the proposed vacation of the street vacation area; and adopting environmental findings and findings that the vacation is consistent with the City's General Plan and the Eight Priority Policies of Planning Code Section 101.1. (Real Estate Department)
	5/6/05, RECEIVED AND ASSIGNED to Land Use Committee.



050854	[Airport Concession Lease]
	Resolution approving Amendment No. 2 to the Public Locker and Over-the-Counter Baggage Storage Lease No. 95-0263 between Smarte Carte, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
	5/6/05, RECEIVED AND ASSIGNED to Budget and Finance Committee.

Requests Granted





	From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: To report on the status of the repair of the empty sidewalk square at 616 Divisadero Street. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: To report on the status of the repair of a block of pitted pavement between Fell Street and Hayes Street.

In Memoriams





	David Hamilton Bernard (Supervisors Ammiano, Dufty) Francis John Murphy, Jr. (Supervisor Dufty) Leonore "Libby" Scheuer (Supervisor Dufty) Susan Tse Lee (Supervisors

ADJOURNMENT





	There being no further business, the Board adjourned at the hour of 7:22 p.m. Gloria L. Young, Clerk of the Board N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on June 7, 2005. I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of said Board on the date stated and was approved as recited.

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.

Disability access

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 Adele Destro 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 Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

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