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, August 17, 2004
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

Board of Supervisors

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

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

ROLL CALL AND PLEDGE OF ALLEGIANCE



	The meeting was called to order at 2:47 p.m. On the call of the roll Supervisors McGoldrick and Alioto-Pier were noted absent. Quorum present. Supervisor McGoldrick was noted present at 2:50 p.m Supervisor Alioto-Pier was noted present at 3:04 p.m.

APPROVAL OF MEETING MINUTES





	Supervisor Dufty, seconded by Supervisor Elsbernd, moved to approve the Meeting Minutes of July 13, 2004, July 20, 2004 and July 27, 2004. The motion carried by the following vote:
	Ayes: 9 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, Peskin, Sandoval Absent: 2 - Alioto-Pier, McGoldrick

CONSENT AGENDA

Recommendations of the City Services Committee

040171	[Supplemental grant award for comprehensive drug court implementation services]		Supervisor Gonzalez
	Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a grant in the amount of $53,742 from the California Department of Alcohol and Drug Programs (CADP) to supplement comprehensive drug court implementation funding and to enter into an agreement for the use of these funds; for the period of December 29, 2003, to December 28, 2004. (Public Health Department)



	Supervisor Gonzalez requested to be added as sponsor.
	Enacted Number:	500-04
	ADOPTED

040991	[Accept - Expend State Grant]		Mayor, Supervisor Dufty
	Resolution authorizing the Mayor's Office of Criminal Justice to retroactively accept and expend a grant in the amount of $386,423 from the State Board of Corrections for the purpose of implementing local juvenile justice accountability measures through the Juvenile Accountability Block Grant.





	Enacted Number:	511-04
	ADOPTED

Recommendations of the Finance and Audits Committee

040583	[Airport Concession Lease]		Mayor
	Resolution approving Amendment No. 1 to the Luggage Cart Lease and Operating Agreement between Smarte Carte, Inc. and the City and County of San Francisco, acting by and through its Airport Commission.




	Enacted Number:	504-04
	ADOPTED

040983	[Contracting out Budget Analyst Services]
	Resolution concurring with the controller's certification that the budget analyst services can be practically performed by private contractor for lower cost than similar work services performed by city and county employees. (Clerk of the Board)




	Enacted Number:	510-04
	ADOPTED

041026	[Extension of Agreement with PRWT Services, Inc]
	Resolution authorizing a two-year extension of the agreement between PRWT Services, Inc. and the City and County of San Francisco. (Parking and Traffic Department)




	Enacted Number:	515-04
	ADOPTED

041042	[Contracting for security guard services for the Hallidie Plaza Elevator at Market and Powell Streets]
	Resolution concurring retroactively with the Controller's determination that security guard services can practically be performed at the Halladie Plaza by private contractor for a lower cost than if the services were performed by city and county employees. (Public Works Department)




	Enacted Number:	519-04
	ADOPTED

041027	[Contracting out Paratransit Services]
	Resolution concurring with the controller's determination that it is more economical for the Municipal Transportation Agency to contract for paratransit services than to provide the same service with city and county employees for the period of Fiscal Year 2004-05. (Municipal Transportation Agency)




	Enacted Number:	516-04
	ADOPTED

Recommendations of the Land Use Committee

040322	[Mayor, or Mayor's designee, may waive payment of part of the cost of additional police services, subject to Board's power to reject the waiver]		Supervisors Peskin, Elsbernd
	Ordinance permitting the Mayor, or Mayor's designee, to waive, in writing, part of the cost of additional police services, upon consideration of specified criteria and subject to rejection by the Board within thirty (30) days of issuance. (Fiscal impact.)











	Enacted Number:	211-04
	FINALLY PASSED

040859	[Designating 165 10th Street, the James Lick Baths/People's Laundry building, as a Landmark]		Supervisor Peskin
	Ordinance Designating 165 10th Street, The James Lick Baths/People's Laundry Building, As Landmark No. 246 Pursuant To Article 10, Sections 1004 And 1004.4 Of The Planning Code. (Planning Department)






	Enacted Number:	216-04
	FINALLY PASSED

040887	[Mission Bay - Park P1 Improvements]
	Ordinance designating a portion of State Trust Parcel 2 and Parcel 7 adjacent to Channel for public open space and park purposes; naming the new park "Mission Creek Park"; designating sidewalk width; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public open space and park purposes and accepting for maintenance responsibilities and liability purposes; adopting findings that such actions are consistent with the City's General Plan, priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 174,861 and authorizing official acts in connection with this Ordinance. (Public Works Department)






	Enacted Number:	218-04
	FINALLY PASSED

040974	[Zoning Map Amendment in connection with Habitat For Humanity Project]		Supervisor Sandoval
	Ordinance amending Zoning Map Sheet 12 of the City and County of San Francisco for property located at 101 Head Street, 105 Head Street, 110 Head Street, 310 DeLong Avenue, 479 DeLong Avenue, 495 DeLong Avenue, 491 DeLong Avenue, 487 DeLong Avenue, 409 DeLong Avenue, 36 Santa Cruz Avenue, 48 Santa Cruz Avenue, 50 Santa Cruz Avenue (Assessor's Block 7153 Lots 008, 008A, 009, 010, 011, 012, 013, 014; Block 7154, Lot 023; Block 7174 Lots 004, 007, 008, 009, 025, 026, 027, 028, 029, 030, 031, 047, 048, 052) to change the zone classification from P, Public Use, to RH-1, Residential House, One Family; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Planning Department)






	Enacted Number:	221-04
	FINALLY PASSED

040976	[Designating 1201 Ortega Street, the Infant Shelter, as a Landmark]		Supervisors Peskin, Ma
	Ordinance designating 1201 Ortega Street, the Infant Shelter, as Landmark No. 242 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department)






	Enacted Number:	222-04
	FINALLY PASSED

040717	[Traffic Regulations - Portions of Middle Point Road and Innes Avenue]
	Ordinance adding Sections 28.5.55 and 28.5.56 to the San Francisco Traffic Code restricting certain vehicles over 6,000 pounds on portions of Middle Point Road and Innes Avenue. (Parking and Traffic Department)





	Enacted Number:	214-04
	FINALLY PASSED

040483	[Grant of Regional Funds]
	Resolution authorizing the Municipal Transportation Agency to accept and expend $3,753,574 of Assembly Bill 664 funds for Municipal Railway Transit projects, excluding administrative overhead costs. (Municipal Transportation Agency)




	Enacted Number:	502-04
	ADOPTED

041058	[Accept-Expend Corporate Grant]
	Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $20,000 from the Safe Tree Program for the development of a Comprehensive Urban Forest Plan for the City and County of San Francisco. (Environment)




	Enacted Number:	520-04
	ADOPTED

040832	[Traffic Regulations]		Supervisors Dufty, Ammiano
	Resolution enacting traffic regulations on various streets. NO RIGHT TURN ON RED - ESTABLISH San Jose Avenue at Randall Street; and Guerrero Street, southbound at 24th Street.




	Enacted Number:	506-04
	ADOPTED

Recommendations of the Rules Committee

040856	[Department of Elections Conflict of Interest Code]		Supervisor Gonzalez
	Ordinance amending Campaign and Governmental Conduct Code section 3.1-215 to update the Department of Elections and Elections Commission conflict of interest code and financial disclosure rules. (Elections Department)




	Supervisor Gonzalez requested to be added as sponsor.
	Enacted Number:	215-04
	FINALLY PASSED

040980	[Deadlines for correction and review of ballot arguments]
	Ordinance amending sections 535 and 590 of the Municipal Elections Code to: change the deadline for correction of errors in rebuttal ballot arguments from noon on the seventy-sixth day before the election to noon on the seventy-fifth day before the election, to be consistent with the deadline for correction of errors in paid ballot arguments; and change the public inspection periods for ballot arguments so that the periods for public review of proponent, opponent, rebuttal and paid arguments, and related materials, all end on the same date, sixty-four days before the election. (Elections Department)





	Enacted Number:	223-04
	FINALLY PASSED

040712	[Settlement of Lawsuit - Ray Mizyed and Gary Thompson]
	Ordinance authorizing settlement of Ray Mizyed's claims in the lawsuit filed by Ray Mizyed and Gary Thompson against the City and County of San Francisco for $135,000; the lawsuit was filed on May 14, 2003, in the United States District Court for the Northern District of California, Case No. CV 03-02243 WDB, entitled Ray Mizyed, Gary Thompson v. City and County of San Francisco, Johnny Miller, Jesse Williams, Donald Sanders, Mercedes Hernandez, Gwendolyn Tucker. (City Attorney)





	Enacted Number:	212-04
	FINALLY PASSED

040713	[Settlement of Lawsuit [Partial Settlement] - Ki-Man Song, et al.]
	Ordinance authorizing partial settlement of the lawsuit filed by Ki-Man Song, Young Soo Lee, Leobardo Trejo, Suk In Yi, Chae Hun Yi, and James Nam against the City and County of San Francisco for $280,540; the lawsuit was filed on June 3, 2003 in United States District Court, Northern District of California, Case No. C03 2580; entitled Ki-Man Song, et al. v. Jin Construction & Electric Co., et al.; other material terms of said settlement are material terms. (City Attorney)





	Enacted Number:	213-04
	FINALLY PASSED

040860	[Settlement of Lawsuit - Sixta Santiago]
	Ordinance authorizing settlement of the lawsuit filed by Sixta Santiago against the City and County of San Francisco for $115,000; the lawsuit was filed on December 12, 2003 in San Francisco Superior Court, Case No. CGC 03-426-777; entitled Sixta Santiago v. City and County of San Francisco, et al; other material terms of said settlement are that Plaintiff has agreed to retire from her position with the City. (City Attorney)





	Enacted Number:	217-04
	FINALLY PASSED

040895	[Settlement of Lawsuit - Darius Hinton]
	Ordinance authorizing settlement of the lawsuit filed by Darius Hinton against the City and County of San Francisco for $33,000; the lawsuit was filed on October 16, 2001 in San Francisco Superior Court, Case No. 400-292; entitled Darius Hinton, et al., v. City and County of San Francisco, et al. (City Attorney)





	Enacted Number:	219-04
	FINALLY PASSED

040897	[Settlement of Lawsuit - William Salazar and Amy Salazar]
	Ordinance authorizing settlement of the lawsuit filed by William Salazar and Amy Salazar against the City and County of San Francisco for $28,290 to William Salazar and $6,210 to Amy Salazar; the lawsuit was filed on January 12, 2001 in San Francisco Superior Court, Case No. 318-098; entitled William Salazar and Amy Salazar v. City and County of San Francisco. (City Attorney)





	Enacted Number:	220-04
	FINALLY PASSED







	PASS THE CONSENT AGENDA by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Alioto-Pier

Severed from Consent Agenda



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

040653	[Urging DPT to install 4-way STOP signs at the intersection of Castro and 23rd Streets]	Supervisor Dufty
	Resolution urging the Department of Parking and Traffic to install 4-way STOP signs at the intersection of Castro and 23rd Streets.





	Supervisor Dufty, seconded by Supervisor Peskin, moved that this Resolution be TABLED. The motion carried by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Alioto-Pier

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Land Use Committee

021825	[RCN Proposed OVS Franchise]		Supervisors McGoldrick, Elsbernd, Gonzalez
	Ordinance granting a four year franchise to RCN Telecom Services, Inc. with an opportunity for two extensions of three years each, for use of the public rights-of way within the City and County of San Francisco to provide open video system services and cable internet services upon compliance with the terms of this franchise. (Pursuant to Section 11.11 of the San Francisco Administrative Code, the Controller shall complete the City's review costs and estimate of applicant's proposal fee within 15 business days of receipt of application.)











	Supervisor Gonzalez requested to be added as a co-sponsor.
	Enacted Number:	210-04
	FINALLY PASSED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Alioto-Pier

041072	[Amending the Administrative Code to Require Preparation and Consideration of Healthcare Impact Report in Event of Certain Hospital Construction Resulting in Replacement or Addition of Over		Supervisors Ma, Daly, Maxwell, Gonzalez, Ammiano, Peskin
	Ordinance adding Section 97 to the Administrative Code to require Health Department to draft and distribute Healthcare Impact Report for consideration in evaluating permit application or amendment to Redevelopment Plan regarding private hospital construction resulting in replacement or addition of over two hundred licensed hospital beds.






	Enacted Number:	224-04
	FINALLY PASSED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Alioto-Pier

NEW BUSINESS

Recommendations of the City Services Committee

040574	[Liquor License, 3954 Geary Boulevard]
	Resolution determining that the issuance of a Type 48 on-sale general public premises liquor license in exchange for a Type 47 license to Sun Hui Kim for Fizzee's Sports Bar LLC, located at 3954 Geary Boulevard (District 1), will serve the convenience 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:	503-04
	ADOPTED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Alioto-Pier

040947	[Traffic Regulation - Steiner Street between Lombard and Chestnut Streets]		Supervisor Alioto-Pier
	Resolution enacting temporary "Street Closed to Vehicular Traffic" regulation on Steiner Street between Lombard and Chestnut Streets from 1:30 P.M. to 7:00 P.M. on every Tuesday between August 24, 2004 through September 28, 2004.










	Enacted Number:	495-04
	ADOPTED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Alioto-Pier

041040	[Accept-Expend California State Coastal Conservancy, San Francisco Bay Conservancy Program Grant Funds]
	Resolution authorizing the San Francisco Public Utilities Commission (SFPUC) to accept and expend a grant in the amount of $125,000 from the California State Coastal Conservancy (CSCC) for the purchase and installation of restroom facilities for the Fifield-Cahill Ridge Trail project on the peninsula watershed in San Mateo County. (Public Utilities Commission)




	Enacted Number:	518-04
	ADOPTED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Alioto-Pier

Recommendations of the Finance and Audits Committee

040505	[Fees for notary services]	Supervisors Dufty, Ammiano
	Ordinance amending San Francisco Administrative Code Sections 8.33.1, 833.2, and 834.1 to authorize the County Clerk, the Assessor-Recorder, and the Tax Collector to charge fees for providing notary services to the public in the amount of $10 for an Acknowledgment and $10 for a Jurat; and ratifying that requests for marriage certificate index records are subject to the same charges as are fictitious business name index records.










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

040955	[Fee Adjustments - Planning Department Services]	Supervisor Daly
	Ordinance amending the San Francisco Planning Code by amending Article 3.5 to adjust fees for Planning Department services; and making environmental findings.








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

041060	[MOU - San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1)]	Mayor
	Ordinance adopting and implementing Amendment #1, the negotiated agreement that amends the 2003-2005 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 1) by extending the term of the parties' agreement through June 30, 2007 and by implementing specified terms and conditions of employment for fiscal years 2004-2005, 2005-2006 and 2006-2007 in accordance with the MOU's reopener provision.





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

041061	[MOU - San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 2)]	Mayor
	Ordinance adopting and implementing Amendment #1, the negotiated agreement that amends the 2003-2005 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, IAFF, AFL-CIO (Unit 2) by extending the term of the parties' agreement through June 30, 2007 and by implementing specified terms and conditions of employment for fiscal years 2004-2005, 2005-2006 and 2006-2007 in accordance with the MOU's reopener provision.





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

040953	[Amended and Restated Property Exchange Agreement]		Supervisors Dufty, Gonzalez, Elsbernd
	Resolution approving an amended and restated property exchange agreement substituting City property at the corner of Portola Drive and Burnett Avenue for property located at the corner of Gough and Grove Streets; adopting findings that the amended and restated exchange agreement is categorically exempt from environmental review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Fiscal impact.)





	Enacted Number:	509-04
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval

040992	[Hunters Point Shipyard Cooperative Agreement for Fire Services]
	Resolution authorizing the San Francisco Fire Department to accept and enter into a grant agreement with the United States Navy reimbursing the San Francisco Fire Department for the costs of providing fire services to portions of the Hunters Point Shipyard remaining under federal ownership. (Mayor)





	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval

From the Finance and Audits Committee "Without Recommendation"

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)






	Continued to September 14, 2004

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

Recommendations of the Land Use Committee

020188	[Designating 300 Bartlett Street, The Carnegie Mission Branch Library as Landmark No. 234]	Supervisors Ammiano, Peskin, Maxwell, Gonzalez
	Ordinance designating 300 Bartlett Street, the Carnegie Mission Branch Library, as Landmark No. 234 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code.







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

	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, McGoldrick, Peskin, Sandoval Absent: 2 - Ma, Maxwell

030142	[Designate the Laguna Honda Station, also known as the Forest Hill Station, At 390 Laguna Honda Boulevard As a Landmark]	Supervisors Elsbernd, Peskin, Maxwell
	Ordinance Designating the Laguna Honda Station, At 390 Laguna Honda Boulevard, as Landmark No. 231 Pursuant to Article 10, Sections 1004 And 1004.4 of the Planning Code.









	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, McGoldrick, Peskin, Sandoval Absent: 2 - Ma, Maxwell

041003	[Parking Control - Dr. Carlton B. Goodlett Place]	Supervisor Maxwell
	Ordinance amending Article 3, Section 32.6.21 of the San Francisco Traffic Code to extend the boundary of the existing permit area, remove the official city-owned vehicle requirement and to replace references to Polk Street with Dr. Carlton B. Goodlett Place to reflect official name change.





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

040365	[Ordinance amending Planning Code Section 312 to remove notice and review procedures for changes of use and add notice and review procedures for changes of use to a formula retail use]	Supervisors Gonzalez, Peskin, Maxwell, Dufty, Sandoval
	Ordinance amending Planning Code Section 312 to delete the requirement that changes of use per the use categories of Article 7, and changes in use to a retail coffee stores, as defined in Planning Code Section 790.102(n), or to a pharmaceutical and personal toiletries uses, as defined in Planning Code Section 790.102(c), or the addition of a prescription drug service where none previously existed within 3 years of an application for an addition, be subject to the notification and review procedures of Section 312; to add the requirement that changes of use to a formula retail use be subject to the notification and review procedures of Section 312; to add the requirement that building permit applications for a change of use to a bar, liquor store, walkup facility, full-service restaurant, large fast food restaurant, small self-service restaurant, massage establishment, outdoor activity, or adult or other entertainment use be subject to the notification and review procedures of Section 312; to add the requirement that the Planning Department make available and update every six months its list of neighborhood organizations with interests in specific properties or areas; to provide that where a neighborhood organization that is required to receive project notification is not sent such notice the proposed project must be re-noticed; and to make findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.












	Continued to September 28, 2004

	Supervisor Elsbernd, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

040720	[Authorizing the Vacation and Transfer to the Redevelopment Agency of a Portion of Stevenson Street between 3rd and 4th Streets]
	Ordinance ordering the summary vacation of an unused and unneeded portion of Stevenson Street between 3rd and 4th Streets; making findings pursuant to the California Streets and Highways Code, Chapter 4, Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; authorizing the conveyance of the vacated portion of Stevenson Street to the San Francisco Redevelopment Agency; and authorizing other actions in furtherance of this ordinance. (Real Estate Department)






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

040912	[Prohibiting eastbound vehicles on Market Street from making a right turn onto the entrance to the Central Freeway at Octavia Street]	Supervisors Gonzalez, Maxwell, Dufty
	Resolution enacting traffic regulation on Market Street at entrance to the Central Freeway at Octavia Street.





	Amendment of the whole bearing the same title.

	Supervisor Peskin, seconded by Supervisor Elsbernd, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma










	ADOPTED AS AMENDED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041077	[Union Pacific Railroad track lease for Third St. and Cargo Way for the Third Street LRT Project]		Mayor
	Resolution authorizing the Director of Transportation to execute a track lease with the Union Pacific (UP) and Burlington Northern Santa Fe (BNSF) Railroads that leases approximately three hundred ten (310) feet of UP's spur track at the intersection of Third Street and Cargo Way for a term of 25 years, rent of $10 per year, and a one-time administrative fee of $500 for a total cost of $750, and requires the City to repair and maintain the track and construct and maintain a railroad crossing signal system.




	Enacted Number:	521-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

SPECIAL ORDER 3:00 P.M.



	Recess The Board recessed at the hour of 3:49 p.m. Reconvening of the Board The Board at the hour of 4:08 p.m. reconvened. Calling the Roll On call of the roll, the following Supervisors were noted present: Supervisors Alioto-Pier, Ammiano, Daly, Elsbernd, Gonzalez, Peskin - 6 Quorum present. Supervisors Dufty, Maxwell, McGoldrick, Sandoval were noted present at 4:10 p.m.

041020	[Public Hearing]
	Hearing of persons interested in or objecting to report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Clerk of the Board)




	HEARD AT PUBLIC HEARING.

041021	[Unpaid DPH complaint reinspection fee liens to become special assessments to the property taxes]
	Resolution confirming the report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Public Health Department)



	Enacted Number:	512-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041022	[Public Hearing]
	Hearing of persons interested in or objecting to report of delinquent charges for refuse collection services and nuisance removal costs submitted by the Director of Public Health as modified to the date of adoption of this resolution, and creating Special Assessments and liens based thereon. (Clerk of the Board)




	HEARD AT PUBLIC HEARING.

041023	[Unpaid DPH Delinquent Refuse Service Payment Liens to become special assessments to the property taxes]
	Resolution confirming report of delinquent charges for refuse collection services and nuisance removal costs submitted by the Director of Public Health as modified to the date of adoption of this resolution, and creating Special Assessments and liens based thereon. (Public Health Department)



	Enacted Number:	513-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

SPECIAL ORDER 3:30 P.M.

041024	[Public Hearing - 1053-1055 Clayton Street]
	Hearing of persons interested in or objecting to report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18, 102.19 et Seq., and Sections 108 and 110 Tables 1-K, and 1-G of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for Services rendered by said Department of Costs thereof having accrued pursuant to Code Violations referenced above. (Clerk of the Board)

	Continued to September 14, 2004

	CONTINUED.

041025	[Special Assessment Liens for Assessment Costs]
	Resolution confirming report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18, 102.19 et Seq., and Sections 108 and 110 Tables 1-K, and 1-G of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for Services rendered by said Department of Costs thereof having accrued pursuant to Code Violations referenced above. (Building Inspection Department)


	Property located at 1053 Clayton Street divided and continued to September 14, 2004.
	Enacted Number:	514-04
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval

041222	[Assessment of Costs Special Assessment Lien for 1053-1055 Clayton Street]
	Resolution confirming report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18, 102.19 et Seq., and Sections 108 and 110 Tables 1-K, and 1-G of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for Services rendered by said Department of Costs thereof having accrued pursuant to Code Violations referenced above.

	Continued to September 14, 2004

	CONTINUED AS DIVIDED.

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

Privilege of the Floor





	Supervisor Alioto-Pier, seconded by Supervisor Peskin, moved to suspend Rule 4.28 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, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval





	Supervisor Elsbernd introduced, welcomed and presented a Certificate of Honor to former Supervisor Tony Hall. Supervisors Alioto-Pier, Dufty, Ammiano, McGoldrick, Peskin, Ma, Maxwell, Sandoval, Gonzalez congratulated former Supervisor Hall on his recent appointment as Executive Director of Treasure Island.

SPECIAL ORDER 4:00 P.M.

041055	[Public Hearing - Minor Sidewalk Encroachment Appeal - 2833 26th Street]
	Hearing of persons interested in or objecting to the decision of the Department of Public Works by its letter dated July 8, 2004, approving a Minor Sidewalk Encroachment Permit No. 04MSE-125 to legalize the construction of a warped driveway ramp and two (2) planter boxes encroaching 3'-0" public sidewalk right-of-way to provide access to a garage below grade, fronting the property at 2833 26th Street, Lot 020 in Assessor's Block 4334. (Appellant: Jason Lin.) (Filed 7/22/04; companion measure to Files 041056, 041057; District 9.)


	Nick Elsner, Department of Public Works

	HEARD AT PUBLIC HEARING.

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

041056	[Minor Sidewalk Encroachment Permit Appeal - 2833 26th Street]
	Motion approving the decision of the Director of Public Works' approval of a minor sidewalk encroachment permit at 2833 26th Street and denying the appeal. (Clerk of the Board)



	Enacted Number:	M04-98
	APPROVED by the following vote:
	Ayes: 8 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, McGoldrick, Sandoval Absent: 3 - Ma, Maxwell, Peskin

041057	[Minor Sidewalk Encroachment Permit Appeal - 2833 26th Street]
	Motion disapproving the decision of the Director of Public Works' approval of a minor sidewalk encroachment permit at 2833 26th Street and denying the encroachment permit. (Clerk of the Board)




	TABLED by the following vote:
	Ayes: 8 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, McGoldrick, Sandoval Absent: 3 - Ma, Maxwell, Peskin

SPECIAL ORDER 4:30 P.M.

Board of Supervisors Sitting as a Committee of the Whole

041080	[Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project]
	Hearing to consider (1) adopting environmental findings under the California Environmental Quality Act, State Guidelines, and Administrative Code Chapter 31; (2) adopting findings under the General Plan and City Planning Code Section 101.1; and (3) adopting a resolution of necessity for the City's proposed acquisition by eminent domain for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project of Lots 45A, 46, 53, and 54 in Assessor's Block 3721 (80 Natoma), in San Francisco.


	Continued to September 21, 2004

	Supervisor Peskin, seconded by Supervisor Elsbernd, moved that this Hearing be CONTINUED. The motion carried by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Noes: 2 - Daly, Dufty

Committee of the Whole Adjourn and Report Without Recommendation

041079	[Eminent Domain - Resolution of Necessity (80 Natoma)]	Supervisors Daly, Ammiano, Dufty
	Resolution authorizing acquisition of Lots 45A, 46, 53, and 54 in Assessor's Block 3721 in San Francisco by Eminent Domain for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project; adopting environmental findings under the California Environmental Quality Act, State Guidelines, and Administrative Code Chapter 31; and adopting findings under the General Plan and City Planning Code Section 101.1. (Fiscal impact.)




	Continued to September 21, 2004

	Supervisor Peskin, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED. The motion carried by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval Noes: 2 - Daly, Dufty

COMMITTEE REPORTS

040904	[Appointment - San Francisco Bay Conservation and Development Commission]		Supervisor Peskin
	Resolution appointing David Owen, indefinite term, as an alternate member of the San Francisco Bay Conservation and Development Commission.





	Enacted Number:	494-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

040771	[Appointment - Bicycle Advisory Committee]
	Resolution appointing Francisco Hernandez to the Bicycle Advisory Committee for a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration, term ending November 19, 2004. Francisco Hernandez, succeeding Cynthia Powell, resignation, seat 9, must be a nominee of District 9 Supervisor, for a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration, term ending November 19, 2004.






	Enacted Number:	505-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041105	[Appointment - SRO Hotel Safety and Stabilization Task Force]
	Resolution appointing Henry Karnilowicz to the SRO Hotel Safety and Stabilization Task Force for the unexpired portion of a term ending December 31, 2004. Henry Karnilowicz, succeeding Kiran Patel, resigned, seat 2, must be an owner or manager of SRO Hotel, for the unexpired portion of a term ending December 31, 2004.





	Enacted Number:	522-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041106	[Appointment - Library Citizens Advisory Committee]
	Resolution appointing Gayle Leyton to the Library Citizens Advisory Committee for a two-year term ending July 18, 2006. Gayle Leyton, new appointment, seat 12, must be a member from the community at large, representative of senior citizens, for a two-year term ending July 18, 2006.






	Enacted Number:	523-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041107	[Appointment - Sunshine Ordinance Task Force]
	Resolution appointing Erica Craven to the Sunshine Ordinance Task Force for the unexpired portion of a two-year term ending April 27, 2006. Erica Craven, succeeding Nicole Dogwill, resigned, seat 1, must be appointed from names submitted by the local chapter of the Society of Professional Journalists and be an attorney, for the unexpired portion of a two-year term ending April 27, 2006.





	Enacted Number:	524-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041108	[Appointment - Power Plant Task Force]
	Resolution appointing John Kosinski to the Power Plant Task Force for the unexpired portion of a two-year term ending November 1, 2005. John Kosinski, new appointment, seat 8, must be the head of the San Francisco Labor Council or his/her designee, for the unexpired portion of a two-year term ending November 1, 2005.





	Enacted Number:	525-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041109	[Appointment - Asthma Task Force]
	Resolution appointing Neil Gendel to the Asthma Task Force for the unexpired portion of a two-year term ending June 30, 2005. Neil Gendel, succeeding Ann Melamed, resigned, seat 7, must be a representative of an environmental health/justice organization and is a voting member, for the unexpired portion of a two-year term ending June 30, 2005.





	Enacted Number:	526-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041110	[Appointment - Childhood Nutrition and Physical Activity Task Force]
	Resolution appointing Marilyn Wann to the Childhood Nutrition and Physical Activity Task Force for the unexpired portion of a one-year term ending December 12, 2004. Marilyn Wann, succeeding Esther Rothblum, resigned, seat 8, must be a member of a civil rights organization addressing weight size discrimination, for the unexpired portion of a one-year term ending December 12, 2004.






	Enacted Number:	527-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

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.






	Supervisor McGoldrick, seconded by Supervisor Daly, moved that this Resolution be RE-REFERRED. The motion carried by the following vote:
	Ayes: 7 - Ammiano, Daly, Gonzalez, Ma, McGoldrick, Peskin, Sandoval Noes: 4 - Alioto-Pier, Dufty, Elsbernd, Maxwell





	Supervisor Elsbernd, seconded by Supervisor Peskin, moved to rescind the previous vote. Motion to rescind the previous vote failed by the following vote: Ayes: 3 - Alioto-Pier, Dufty, Elsbernd Noes: 7 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1- Ma

041112	[Appointment - Assessment Appeals Board No. 2]
	Resolution appointing Margaret Ruxton, Mervin Conlan and Richard Lee for a three-year term ending September 3, 2007 as members to the Assessment Appeals Board No. 2. Margaret Ruxton, succeeding Lawrence Lee, term expiring September 6, 2004, seat 2, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code: 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 Appraiser; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007. Mervin Conlan, succeeding himself, term expiring September 6, 2004, seat 3, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code: 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 Appraiser; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007. Richard Lee, succeeding Donald Schmidt, 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: 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 Appraiser; or he or she is a current member of an assessment appeals board, for a three-year term ending September 3, 2007.




	Continued to September 21, 2004

	Supervisor McGoldrick, seconded by Supervisor Daly, moved that this Resolution be CONTINUED. The motion carried by the following vote:
	Ayes: 8 - Ammiano, Daly, Elsbernd, Gonzalez, Ma, Maxwell, McGoldrick, Peskin Noes: 3 - Alioto-Pier, Dufty, Sandoval

040857	[Settlement of Claim - Cambridge Integrated Services, Inc.]
	Resolution approving settlement of claim by City and County of San Francisco against Cambridge Integrated Services, Inc., for claimed errors and omissions by Cambridge in administering the workers' compensation claim of City employee Fanny Tang. (City Attorney)




	Enacted Number:	507-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

040931	[Settlement of Lawsuit - Applied Remedial Technologies, Inc.]
	Ordinance authorizing settlement of the lawsuit filed by Applied Remedial Technologies, Inc. against the City and County of San Francisco for eighty thousand dollars ($80,000); the lawsuit was filed on in the Superior Court of the City and County of San Francisco , Case No.CGC-03-419941; entitled Applied Remedial Technologies, Inc. v. City and County of San Francisco, et al. (City Attorney)





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

040938	[Settlement of Administrative Civil Liability Complaint]
	Resolution approving the settlement of the unlitigated administrative civil liability complaint filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $118,000; approving use of said amount for an environmental mitigation project, subject to approval of the Regional Board Water Quality Control Board,in an amount not to exceed $110,000, plus payment of an $8,000 penalty. (City Attorney)




	Enacted Number:	499-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

040975	[Settlement of Lawsuit - Jean B. Applebaum]
	Ordinance authorizing settlement of the lawsuit filed by Jean B. Applebaum against the City and County of San Francisco for $240,000; the lawsuit was filed on July 31, 2002 in San Francisco Superior Court, Case No. 410-962; entitled Jean B. Applebaum, et al., v. City and County of San Francisco, et al. (City Attorney)





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

041036	[Accept and Expend Grant - Sheriff's Department program providing employment and education services for young offenders in the county jail and after their release]
	Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $93,666 from the Private Industry Council of San Francisco for providing employment and education services to young offenders in the county jail and after their release. (Sheriff)





	Enacted Number:	517-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

040392	[Liquor License Transfer, 1528 Fillmore Street]
	Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license from 601 Baker Street to 1528 Fillmore Street (District 5), to Sung W. Lee, dba Woori Food Market, will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Progessions Code, with conditions.













	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

041114	[Grant of Regional Funds]
	Resolution authorizing the Municipal Transportation Agency to accept and expend $35,710,000 of Regional Measure 2 funds for Municipal Railway capital projects. (Municipal Transportation Agency)




	Enacted Number:	528-04
	ADOPTED by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Ma

Appointment of President Pro Tempore



	At the request of the President, Supervisor Elsbernd assumed the Chair.

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT



	Abdullah Megaheed; general issues Richard Roberts Wayne Lewis Vernon Jenkins Robert Pender; Vice President of the Lake Merced Association Ray Martin

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.

041130	[Accept-Expend State and Regional Grants]		Supervisor Dufty
	Resolution authorizing the Director of Transportation or his designee to apply for, accept, and expend $559,600 in Bicycle Transportation Account, Bay Area Air Quality Management District, and Transportation Development Act grant funds to implement various projects and programs recommended in the San Francisco Bicycle Plan and to execute any and all associated documents.



	Enacted Number:	529-04
	ADOPTED

041131	[75% Waste Diversion Goal for City Departments]		Supervisors Dufty, Gonzalez
	Resolution adopting a goal of 75% landfill diversion by the year 2010 for each City department.


	Supervisor Gonzalez requested to be added as a co-sponsor.
	Enacted Number:	530-04
	ADOPTED

041132	[STOP Intersection - 23rd and Castro Streets]		Supervisor Dufty
	Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Castro Street and 23rd Street, making this intersection an all-way STOP. (8/10/04: 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 results in more than a negligible increase in the use of the street.)



	Enacted Number:	531-04
	ADOPTED

041136	[Initiate the Designation of 900 Innes Avenue, the Hunter's Point School, as a City Landmark]		Supervisor Maxwell
	Resolution initiating the designation of 900 Innes Avenue, the Hunter's Point School, Block 4646, Lot 03, as a City landmark pursuant to Planning Code Section 1004.1.



	Enacted Number:	533-04
	ADOPTED

041146	[Accept-Expend Federal Pass Through Grant]		Supervisor Elsbernd
	Resolution authorizing the Office of Emergency Services to accept and expend a Federal pass through grant in the amount of $26,325,036 from the State of California Office of Homeland Security for the purposes of providing financial assistance directly to selected jurisdictions through the Fiscal Year 2004 Urban Areas Security Initiative (UASI) to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism.



	Enacted Number:	497-04
	ADOPTED

041147	[Accept-Expend Federal Pass Through Grant]		Supervisor Elsbernd
	Resolution authorizing the Office of Emergency Services to accept and expend a Federal pass through grant in the amount of $2,896,198 from the State of California Office of Homeland Security for the purpose of providing financial assistance directly to selected jurisdictions for emergency prevention, preparedness, and response personnel to prevent, deter, respond to, and recover from threats and incidents of terrorism.



	Enacted Number:	498-04
	ADOPTED

041156	[Calling upon the President to acknowledge and condemn the genocide in the Darfur region of Western Sudan]		Supervisors Dufty, Maxwell
	Resolution calling upon the President to acknowledge and condemn the genocide in the Darfur region of Western Sudan.



	Enacted Number:	537-04
	ADOPTED

041157	[Commendation of 11th Annual Pistahan Parade and Festival 2004]		Supervisors Ma, Elsbernd
	Resolution commending 11th Annual Pistahan Parade and Festival 2004.


	Supervisor Elsbernd requested to be added as a co-sponsor.
	Enacted Number:	534-04
	ADOPTED

041158	[Commendation of 84th Anniversary of the 19th Amendment]		Supervisors Ma, Elsbernd
	Resolution commending the 84th anniversary of the 19th Amendment to the United States Constitution, extending the right of suffrage to women.


	Supervisor Elsbernd requested to be added as a co-sponsor.
	Enacted Number:	535-04
	ADOPTED

041159	[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:	M04-99
	APPROVED







	The foregoing items were acted upon by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Ma

Severed From Without Reference to Committee Agenda



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

041135	[Commending Tony Hall]	Supervisors Elsbernd, Dufty, Ma, Alioto-Pier, Gonzalez
	Resolution commending Tony Hall for his distinguished service as Supervisor of the City and County of San Francisco.



	Amended on page 1, line 5 , by replacing "November 2000" to "December 2000".

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








	ADOPTED AS AMENDED by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Ma

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). For such resolutions to be considered, the Board must first adopt the following two motions.


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





	Supervisor Dufty, seconded by President Gonzalez, moved ADOPTION of the Commendatory Finding. The motion carried by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Ma


	[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.





	Supervisor Dufty, seconded by President Gonzalez, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Ma

041181	[Commending Mila A. Palarca]		Supervisor Daly
	Resolution commending Mila A. Palarca for her twenty-seven years as Health Service System employee of the City and County of San Francisco.


	Enacted Number:	536-04
	ADOPTED by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Daly, Ma

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

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 Sections 37.3 and 37.9: to prohibit rent increases in existing tenancies due to the addition of one or more occupants (including but not limited to a domestic partner or a newborn child or other family member of an integrated household as defined), even where a pre-existing rental agreement or lease specifically permits a rent increase for additional occupants, except that the landlord may petition the Rent Board for a rent increase under Section 37.8(e)(4) based on the increased cost for an additional occupant [Section 37.3(a)(11)]; and to prohibit evictions based solely on the addition of occupants even where a pre-existing rental agreement or lease prohibits additional occupants, 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 and eight per four-bedroom unit, except where this total would exceed the number of occupants permitted under state law and/or other local codes or otherwise fail to comply with such state law and/or local codes (e.g., Planning, Housing 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.
	4/14/03, RECEIVED AND ASSIGNED to Land Use Committee.


	9/23/03, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

	9/23/03, ASSIGNED to Land Use Committee.

	8/17/04, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

	8/17/04, ASSIGNED to Land Use Committee.

041171	[Appropriate funding to the ranked-choice voting community education and ethnic media outreach program for radio and print ads]	Supervisor Gonzalez
	Ordinance appropriating $75,000 from the General Fund Reserve to implement the ranked-choice voting community education and ethnic media outreach plan for the Department of Elections for fiscal year 2004-05.
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041172	[Reenacting a Disadvantaged Business Enterprise Program]
	Emergency ordinance amending the San Francisco Administrative Code by adding Section 14A.03 to Chapter 14A to reenact a Disadvantaged Business Enterprise Program and suspend Chapter 12D.A, make applicable certain emergency contracting procedures, and provide for data collection to ensure nondiscrimination in City contracting; adopting declaration of emergency. (Clerk of the Board)
	8/17/04, RECEIVED AND ASSIGNED to Rules Committee.

041173	[Funding from bond proceed sales of General Obligation and Lease Revenue bonds for improvement and construction of open space/ neighborhood park projects and to re-appropriate prior year	Supervisor McGoldrick
	Ordinance appropriating $68,800,000 of bond sale proceeds from General Obligation Bonds to fund the improvement and construction of parks and open space (as part of Proposition A) and placing $200,000 on reserve for issuance costs; appropriating $23,470,000 of bond sales proceeds from Lease Revenue Bonds to fund 10 neighborhood park improvement projects; and re-appropriating $2,783,973 of prior year Open Space project funding to various active capital improvement projects in current fiscal year 2004-05 for a total amount of $95,053,973. (Fiscal impact.)
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled at the September 15, 2004 meeting. Companion Files 041174, 041175, 041176 and 041177

041174	[Appropriate bond proceeds for the demolition and other pre-construction activities for renovation and replacement of California Academy of Sciences facilities]	Supervisor McGoldrick
	Ordinance appropriating $8,075,000 of 2000 Academy of Sciences bond proceeds for capital improvement projects on CAS facilities in Golden Gate Park for Department of Recreation and Parks and the Department of Public Works for fiscal year 2004-05, placing $8,075,000 on reserve. (Fiscal impact.)
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled at the September 15, 2004 meeting. Companion Files 041173, 041175, 041176 and 041177

041175	[Open Space Fund Financing]	Supervisor McGoldrick
	Ordinance approving the issuance and sale of lease revenue bonds payable from the Park, Recreation and Open Space Fund to finance various park projects as further described herein; approving the form of a Site Lease by and between the City and County of San Francisco Finance Corporation (the "Corporation") and the City and County of San Francisco (the "City") relating to certain City-owned properties located in the City (as further described herein); approving the form of a Master Lease by and between the Corporation and the City; approving the form of a Master Trust Agreement by and between the Corporation and a trustee (including certain indemnities contained therein); authorizing the selection of a trustee; approving the form of an Assignment Agreement by and between the Corporation and a trustee; approving the form of an official notice of sale and a notice of intention to sell the lease revenue bonds; directing the publication of the notice of intention to sell the lease revenue bonds; approving the form of an official statement in preliminary and final form; approving the form of a continuing disclosure certificate; authorizing the payment of cost of issuance; authorizing reimbursement of certain expenditures; adopting findings under the California Environmental Quality Act and findings pursuant to City Planning Code Section 101.1; and ratifying previous actions taken in connection therewith. (Fiscal impact.)
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled at the September 15, 2004 meeting. Companion Files 041173, 041174, 041176, and 041177

041178	[Declaring blighted vacant lots to be a nuisance and authorizing DPW to abate such nuisances at the owners' expense following notice and opportunity for hearing]	Supervisor Elsbernd
	Ordinance amending Article 15 of the Public Works Code by adding Sections 735 through 735.4 to declare blighted vacant lots a public nuisance, require owners to abate such nuisances and authorize DPW to abate such nuisances at the owners' expense following written notice from DPW and the opportunity for a hearing.
	8/17/04, ASSIGNED UNDER 30 DAY RULE to City Services Committee, expires on 9/16/2004.

041185	[Planning Department fees for code enforcement]	Supervisor Peskin
	Ordinance amending the San Francisco Planning Code by amending Sections 351 and 355 to add fees related to code enforcement; and making environmental findings
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041189	[Settlement of Bankruptcy Claims Dispute, In re METROMEDIA FIBER NETWORK, INC]	Supervisor Maxwell
	Ordinance authorizing settlement at 75% of face value of disputed bankruptcy creditor claims filed by the City and County of San Francisco against Chapter 11 Debtors, In re METROMEDIA FIBER NETWORK, INC., et al., Chapter 11, Case Nos. 02-22736 (ASH) through 02-22742 (ASH), 02-22744 (ASH) through 02-22746 (ASH), 02-22749 (ASH), and 02-22751 (ASH) through 02-22754 (ASH) (Jointly Administered), (U. S. Bankruptcy Court, Southern District of New York), and directing attorney for Tax Collector to effectuate settlement.
	8/17/04, RECEIVED AND ASSIGNED to Rules Committee.

041190	[Reauthorization and Expansion of the First Source Hiring Program]	Supervisor Maxwell
	Ordinance amending the San Francisco Administrative Code by amending sections 83.4, 83.5, 83.6, 83.7, 83.9, 83.11, and by adding section 83.12A to: (1) expand the definition of contract to include sole source contracts and contracts, loans and grants awarded by the City in excess of $50,000; (2) include residential projects, as defined herein, to be subject to first source hiring requirements; (3) increase the First Source Hiring Administration's reporting requirements to the Mayor and the Board of Supervisors regarding the progress of the first source hiring program; (4) delete the requirement that the Purchaser shall determine the applicability of the first source hiring requirements to certain service contracts; (5) delete the ten-day limit on the first source interviewing requirement; (6) require developers to obtain a first source hiring agreement or an exemption before the Planning Commission may approve development projects or other City departments may issue permits subject to first source requirements; (6) impose a fee schedule on covered entities; and (7) extend the operative date to January 1, 2009.
	8/17/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/16/2004.

041192	[Amending Domestic Partnership requirements for marriages between persons of the same sex]	Supervisors Ammiano, Dufty
	Ordinance amending Chapter 62 of the San Francisco Administrative Code by amending Section 62.4 to clarify that domestic partners who entered into a marriage nullified by the Courts retain their status as domestic partners; adding a new Section 62.14 to allow persons of the same sex who were not domestic partners when they married an opportunity to establish a domestic partnership effective as of the date of their marriage license; and adding a new Section 62.15 directing the County Clerk to send notices and forms to all persons who entered into marriages in San Francisco between February 12,2004 and March 11, 2004 to enable them to exercise their right to establish a retroactively effective domestic partnership.
	8/17/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/16/2004.

Resolutions

041176	[Bond Sale of California Academy of Sciences Improvement Bonds]	Supervisors McGoldrick, Elsbernd
	Resolution authorizing and directing the sale of not to exceed $8,075,000 General Obligation Bonds (California Academy of Sciences Improvement Bonds, 2000), Series 2004B; 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.)
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled at the September 15, 2004 meeting. Companion Files 041173, 041174, 041175, and 041177

041177	[Bond Sale of Neighborhood Recreation and Park Facilities Improvement Bonds]	Supervisors McGoldrick, Elsbernd
	Resolution authorizing and directing the sale of not to exceed $68,800,000 General Obligation Bonds (Neighborhood Recreation and Park Facilities Improvement Bonds, 2000), Series 2004A; 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.)
	8/14/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled at the September 15, 2004 meeting. Companion Files 041173, 041174, 041175, and 041176

041179	[Commending Bill Johnson]	Supervisors Elsbernd, Sandoval, Gonzalez
	Resolution commending Bill Johnson on being the recipient of the OMRA's(Outer Mission Resident Association) "Claire Shea Person of the Year Award.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

041180	[Commending the Stern Grove Festival Association and the Recreation and Park Department]	Supervisors Elsbernd, Ammiano, Ma, Gonzalez
	Resolution commending the Stern Grove Festival Association and the Recreation and Park Department for a successful season of high quality performances, and extending best wishes to the Association's efforts with the Stern Grove Festival's Legacy Campaign.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

041181	[Commending Mila A. Palarca]	Supervisor Daly
	Resolution commending Mila A. Palarca for her twenty-seven years as Health Service System employee of the City and County of San Francisco.
	8/17/04, ADOPTED.

041184	[Urging various City departments to investigate the costs, benefits, and technical issues associated with installing City-owned broadband facilities in conjunction with the City's planned	Supervisor Ammiano
	Resolution urging the Department of Telecommunications and Information Services, the Public Utilities Commission, the Department of Public Works, and the Mayor's Office of Public Finance to evaluate the costs, benefits, and technical issues associated with installing broadband facilities when the City and County of San Francisco conducts its planned rebuild of its sewer system, to enable the City and County of San Francisco to increase the availability of bandwidth for telecommunications, cable, and information services.
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041186	[Urging the PUC to fund a wave-generation power study at Ocean Beach]	Supervisor Gonzalez
	Resolution urging the PUC to fund the Electricity Production Research Institute (EPRI) to complete a study on Ocean Beach necessary for planned implementation of wave-generated power in San Francisco.
	8/17/04, RECEIVED AND ASSIGNED to Land Use Committee.

041187	[Bike Plan Update and the Transportation Authority]
	Resolution urging the Transportation Authority to facilitate the completion and adoption of the San Francisco Bike Plan Update by procuring consulting services necessary to develop required traffic and environmental analysis in a timely fashion and urging the Planning Department to provide to the Board of Supervisors and the Transportation Authority by July 1st, 2004 the specific criteria against which the environmental analysis will be evaluated.
	8/17/04, RECEIVED AND ASSIGNED to Land Use Committee.

041193	[Urging the Governor of California, California Senate and State Assembly to reject Assembly Bill 2006]	Supervisors Ammiano, Daly
	Resolution urging the Governor of California, California Senate and State Assembly to reject Assembly Bill 2006, and further urging the California Public Utilities Commission to accelerate its Community Choice proceedings and continue its coordination of electric utility procurement and Community Choice Aggregation efforts in order to protect the rights of California ratepayers.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

041194	[Maung Maung Day]	Supervisor Ammiano
	Resolution declaring August 10th, 2004 to be Maung Maung Day.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

041195	[Supporting the United Farm Workers, and urging Gallo of Sonoma to extend health benefits to the remaining 75% of its workforce hired through farm labor contractors]	Supervisors Ammiano, Gonzalez, Daly
	Resolution supporting the rights of working people to organize and furthermore urging Gallo of Sonoma and all employers to value the contribution of their workers and therefore project a positive image by meeting basic standards of fairness in all operations including fair wages, healthcare and benefits.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

041196	[Harvey Milk Memorial Funds Transfer]	Supervisor Gonzalez
	Resolution requesting the office of the Controller of the City and County of San Francisco to transfer funds in the account for the Harvey Milk Memorial to the Harvey Milk City Hall Memorial Committee.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

041197	[Supporting card check neutrality agreements specifically between the Department of Human Services and contracts which have been competitively bid]	Supervisors Sandoval, Gonzalez
	Resolution supporting card check neutrality agreements for contracts with the Department of Human Services, the City and County of San Francisco.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Request for Hearing

041182	[Employee Re-classification and Layoff Process]	Supervisor Ammiano
	Hearing to review the current practice of employee re-classification, the process by which City employees are being laid off, and to ensure that such processes are consistent with the City's legal and contractual obligations.
	8/17/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041183	[Sources of revenue for outpatient medical services provided by DPH]	Supervisor Ammiano
	Hearing to consider sources of revenue for outpatient medical services provided by the San Francisco Department of Public Health.
	8/17/04, RECEIVED AND ASSIGNED to City Services Committee.

041188	[African American Children in Foster Care]	Supervisor Maxwell
	Hearing to review nine recommendations from a report on the overrepresentation of African American children in foster care, to be issued by the San Francisco Disproportionality Project on September 17, 2004.
	8/17/04, RECEIVED AND ASSIGNED to City Services Committee.

Motion

041198	[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.
	8/17/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

041118	[Public Employment]
	Ordinance amending Ordinance No. 198-04 (Annual Salary Ordinance 2004/2005) reflecting the creation of five positions at the Department of Public Health. (Human Resources Department) (Fiscal impact; Companion measure to File 041065).
	8/4/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041126	[Setting San Francisco's fiscal year 2004-2005 property tax rate and establishing pass-through rate for residential tenants]
	Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2005. (Controller)
	8/9/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 15, 2004 meeting.

041127	[Setting S.F. Unified School District's fiscal year 2004-2005 property tax rate to be included in the City's overall property tax rate]
	Ordinance providing revenue and levying property taxes for San Francisco Unified School District's purposes for the fiscal year ending June 30, 2005. (Controller)
	8/9/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 15, 2004 meeting.

041128	[Setting S.F. Community College District's fiscal year 2004-2005 property tax rate to be included in the City's overall property tax rate]
	Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2005. (Controller)
	8/9/04, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 15, 2004 meeting.

PROPOSED RESOLUTIONS

041036	[Accept and Expend Grant - Sheriff's Department program providing employment and education services for young offenders in the county jail and after their release]
	Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $93,666 from the Private Industry Council of San Francisco for providing employment and education services to young offenders in the county jail and after their release. (Sheriff)
	8/3/04, RECEIVED AND ASSIGNED to City Services Committee. Sheriff's Dept. notified of August 12, 2004 City Services Committee meeting.

	8/4/04, REFERRED TO DEPARTMENT. Referred to the Youth Commission for comment and recommendation.


	8/17/04, ADOPTED.

041115	[Changing Official Width of Sidewalk - West side of Lyon Street at Chestnut Street]
	Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1564 to change the official sidewalk width on the west side of Lyon Street at Chestnut Street; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes.
	8/3/04, RECEIVED AND ASSIGNED to Land Use Committee.

041123	[Prevailing rate of wages for workers engaged in theatrical or technical services related to the presentation of a show on City-owned property]	Supervisor Daly
	Resolution fixing prevailing wage rates for workers engaged in theatrical or technical services (including but not limited to rigging, sound, projection, theatrical lighting, videos, computers, draping, carpentry, special effects, and motion picture services) for shows on property owned by the City and County of San Francisco. (Civil Service Commission)
	8/6/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041125	[Settlement of Claim - Gibson Group Trust]
	Resolution approving settlement of the unlitigated claim of the Gibson Group Trust in an amount not to exceed $67,000 for payment of past and future costs of responding to contamination at Gibson Environmental site; Bakersfield, California. (City Attorney)
	8/9/04, RECEIVED AND ASSIGNED to Rules Committee.

041162	[Improve pedestrian safety in San Francisco by coordinating citywide and targeted community-based safety campaigns]	Supervisors Dufty, Elsbernd, Ma
	Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $319,706 from the California Office of Traffic Safety (OTS) to improve pedestrian safety in San Francisco and to enter into an agreement for the use of these funds; for the period of October 1, 2004, to December 31, 2006. (Public Health Department)
	8/6/04, RECEIVED AND ASSIGNED to City Services Committee.

	Supervisor Dufty requested to be added as sponsor.

041163	[Provide assertive case management to people with HIV and substance abuse and mental disorders, Year 2]	Supervisor Dufty
	Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPH, AIDS) to accept retroactively and expend second year grant funds in the amount of $487,805 from the Substance Abuse and Mental Health Services Administration (SAMHSA) for assertive case management for triply-diagnosed people and to enter into an agreement for the use of these funds; for the period of June 1, 2004, to May 30, 2005. (Public Health Department)
	8/6/04, RECEIVED AND ASSIGNED to City Services Committee.

	Supervisor Dufty requested to be added as sponsor.

041164	[Provide SSI application assistance to the chronically homeless and mentally ill in San Francisco]	Supervisors Daly, Dufty
	Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a grant in the amount of $195,320 from the Social Security Administration (SSA) to provide SSI application assistance to the chronically homeless and mentally ill in San Francisco and to enter into an agreement for the use of these funds; for the period of May 1, 2004, to April 30, 2005. (Public Health Department)
	8/6/04, RECEIVED AND ASSIGNED to City Services Committee.

041165	[Conveyance of Property in San Mateo County]
	Resolution authorizing a conveyance of property in the County of San Mateo; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting findings pursuant to the California Environmental Quality Act and ratifying acts and authorizing actions in furtherance of this resolution. (Real Estate Department)
	8/6/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

041166	[Estate of Doris Campos]
	Resolution accepting the bequest of Doris Campos on behalf of needy senior residents of San Francisco and designating the Department of Aging and Adult Services as the department to manage the distribution of the estate. (Adult and Aging Services)
	8/6/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.

Requests Granted



	From: Supervisor Dufty To: City Attorney Requesting/Inquiring: To draft an ordinance mandating that within two fiscal years, all signage installed by the Department of Parking and Traffic must have graffiti-coating that has been approved by the Department of Public Works. From: Supervisor Dufty To: City Attorney Requesting/Inquiring: To draft an ordinance that establishes a Task Force on the future of utility undergrounding in the City and County of San Francisco. The task force will be comprised of 19 members as follows: � Each member of the Board of Supervisors shall nominate a member who resides in their Supervisoral District; � Four members to be named by the Mayor; � Two members representing San Francisco's Department of Public Works and Public Utilities Commission, nominated by the head of each Department; and � Two members representing Pacific Gas and Electric and SBC to be designated by the respective Company Director. The Task Force will consider the future of utility undergrounding beyond the current 42-mile undergrounding program established pursuant to the settlement of litigation between the City and County of San Francisco and PG&E. Given increasing costs in the current program, there is uncertainty as to the prospects to maintain the pace of undergrounding in the next phase. From: Supervisor Ammiano and Supervisor Dufty To: City Attorney Requesting/Inquiring: To draft legislation that would provide gay and lesbian couples whose marriages were recently voided by the California State Supreme Court the option to have Domestic Partnership status retroactively instated from the date they were married in the City & County of San Francisco; and furthermore establish a Category 8 Marriage Equality Fund into which couples will be afforded the option to allocate their marriage license fee refund

In Memoriams



	Jacqueline Anne Clark (Supervisor Daly) Blanche O'Brien Absalon-Rios (Supervisor Dufty) Lawrence "Larry" Lucero (Supervisor Dufty) Czeslaw Milosz (Supervisor Gonzalez) Steven Thompson (Supervisor Gonzalez) Rita Baratta (Supervisor Ma)

ADJOURNMENT



	There being no further business, the Board at the hour of 6:04 p.m. adjourned. 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 September 21 , 2004. 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.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

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

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its 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) 554-5784 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

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