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, October 25, 2005
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

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 2:32 p.m. On the call of the roll the following Supervisors Alioto-Pier, Daly, Dufty and Maxwell were noted absent. Supervisors Daly and Dufty were noted present at 2:34 p.m. Supervisor Alioto-Pier was noted present at 2:35 p.m. Supervisor Maxwell was noted present at 2:37 p.m.

APPROVAL OF MEETING MINUTES






	Supervisor Elsbernd, seconded by Supervisor Sandoval, moved to approve September 27, 2005 Meeting Minutes. The motion carried by the following vote:
	Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Maxwell

CONSENT AGENDA

Recommendations of the Budget and Finance Committee

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.






	Enacted Number:	247-05
	FINALLY PASSED

051596	[Contract Amendment for Muni Metro East Light Rail Facility]
	Resolution authorizing the Director of Transportation to execute the Tenth Amendment to San Francisco Municipal Railway Contract No. CS-116, Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility with Gannett Fleming, Inc. for an amount not to exceed $3,313,629, for a total contract amount not to exceed $12,262,990, and for a contract extension of two and one-half years, for a total contract term of ten years. (Municipal Transportation Agency) (Fiscal impact.)




	Enacted Number:	771-05
	ADOPTED

051635	[FY 2005-06 California Constitution Appropriations Limit]		Supervisor Peskin
	Resolution establishing the appropriations limit for Fiscal Year 2005-06 pursuant to California Constitution Article XIII B.




	Enacted Number:	784-05
	ADOPTED

051642	[Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years 2004-2005 and 2005-06]		Supervisor Peskin
	Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years ending June 30, 2005 and June 30, 2006.




	Enacted Number:	785-05
	ADOPTED

Recommendations of the City Operations and Neighborhood Services Committee

051387	[Temporary Occupancy of Commercial Vehicle Parking Meters]		Supervisor Peskin
	Resolution establishing temporary occupancy of a portion of the commercial vehicle parking meters on the north side of Post Street between Kearny and Montgomery from 8:30 am to 5:00 pm on every Thursday beginning July 14, 2005 through November 30, 2006.






	Enacted Number:	770-05
	ADOPTED

051497	[Liquor License, 2339 Third Street]
	Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 3699 17th Street to 2339 Third Street, Suite 19 to Jason Walthall for Taste Inc. 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:	768-05
	ADOPTED

051670	[State funding for California Healthcare for Indigents Program (CHIP) allocation for medical services to indigent persons]		Supervisor Ma
	Resolution authorizing the Department of Public Health to accept and expend retroactively a grant allocation in the amount of $2,622,282 for Fiscal Year 2005-06 funding from the State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials and supplies, and personal services; for the period of July 1, 2005, to June 30, 2006.




	Enacted Number:	767-05
	ADOPTED

Recommendation of the Rules Committee

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.







	Enacted Number:	248-05
	FINALLY PASSED








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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Budget and Finance Committee

051250	[Medical cannabis guidelines and medical cannabis dispensary zoning and permitting]	Supervisor Mirkarimi
	Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house residential-mixed zoning districts, industrial districts, and certain mixed use districts; prohibit new medical cannabis dispensaries in neighborhood commercial cluster (NC-1) districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to schools, community centers, and facilities providing substance abuse services that are licensed or certified by the State of California or funded by the Department of Public Health; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require the Planning Commission to hold a discretionary review hearing on each medical cannabis dispensary application; require dispensaries operating as of April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or must cease operations; require dispensaries beginning operation after April 1, 2005 but before the effective date of this legislation to cease operations; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan; Amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical cannabis possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries including signage and advertising requirements; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations; Amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and, Amending the San Francisco Business and Tax Regulations Code by amending Section 1 to add Sections 1.177 to authorize the Department of Health to issue medical cannabis dispensary permits.













	Continued to November 15, 2005

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

051747	[Setting a permit application fee and an annual license fee for medical cannabis dispensaries]	Supervisor Mirkarimi
	Ordinance amending the San Francisco Health Code to add Section 3204 setting an application fee for a medical cannabis dispensary permit and amending the Business and Tax Regulations Code to add Section 249.17 to provide for an annual license fee for permitted medical cannabis dispensaries.






	Continued to November 15, 2005

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

050922	[Payroll Expense Tax Exclusion for qualified clean energy technology businesses]	Supervisors McGoldrick, Alioto-Pier, Mirkarimi, Elsbernd, Ma, Sandoval
	Ordinance amending the Payroll Expense Tax Ordinance to establish a tax exclusion for qualified clean energy technology businesses, as specified.









	Supervisor Mirkarimi, seconded by Supervisor McGoldrick, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval










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

	PASSED ON FIRST READING AS AMENDED 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

051674	[Settlement of Lawsuit - CCSF et al., v. Myers Natoma Venture, et al.]		Mayor, Supervisor Daly
	Ordinance authorizing settlement of the eminent domain action filed by the City and County of San Francisco against Myers Natoma Venture, LLC, filed on October 8, 2004 and amended on November 5, 2004, in San Francisco Superior Court, No. 04-435-334; entitled City and County of San Francisco, et al., v. Myers Natoma Venture, LLC, et al.; and authorizing settlement of the lawsuit filed by Myers Natoma Venture and Myers Development Company against the City and County of San Francisco, the Transbay Joint Powers Authority, and the Peninsula Corridor Joint Powers Board, filed on July 16, 2004 in San Francisco Superior Court, No. 04-504-363, entitled Myers Natoma Development, et al., v. City and County of San Francisco, et al., for fifty-eight million dollars ($58,000,000) payable by the Transbay Joint Powers Authority with funding from the San Francisco County Transportation Authority and the Metropolitan Transportation Commission; other material terms of said settlement are that the San Francisco County Transportation Authority and the Metropolitan Transportation Commission are to take title to 80 Natoma Street if the Transbay Terminal Project fails to meet deadlines in the Cooperative Agreement for commencement of terminal operations, Myers waives any right to refile claims related to the June 2004 suspension of its permit for 80 Natoma, as well as the terms and conditions as provided in Exhibit A.







	Enacted Number:	246-05
	FINALLY PASSED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Recommendation of the City Operations and Neighborhood Services Committee

050253	[Proposition 65 Ordinance - Safe Drinking Water and Toxic Enforcement Act of 1986]	Supervisor Mirkarimi
	Ordinance amending the San Francisco Health Code by adding Section 456.6, to require the Department of Public Health to Enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and its implementing regulations with respect to foods which are subject to a state or federal Department of Health and Human Services, Food and Drug Administration, or Environmental Protection Agency safety advisory where said advisory is regarding a substance included on the Proposition 65 list issued by the State of California Environmental Protection Agency and to require certain food establishments to provide Proposition 65 warnings in English, Spanish, and Chinese.












	Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval


	Ordinance amending the San Francisco Health Code by adding Section 456.6, to require the Department of Public Health to Enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and its implementing regulations and to require certain food establishments to provide Proposition 65 warnings in English, Spanish, and Chinese.












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

NEW BUSINESS

Recommendation of the Budget and Finance Committee

051297	[Accept-Expend Corporate Grant - Department of the Environment]		Supervisor Ma
	Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $61,223.20 from Air Products and Chemicals, Incorporated (Inc.) for completion of site work for a hydrogen fueling station.






	Enacted Number:	769-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

From the Budget and Finance Committee Without Recommendation

051599	[Official Advertising - Type 1 for Consecutive Day Publication and Type 2 for Non-Consecutive Day Publication]
	Resolution designating the San Francisco Chronicle and Examiner to be the official newspapers of the City and County of San Francisco for the category of Type 1 consecutive day, and Type 2 non consecutive day official advertising services for the fiscal year commencing upon Board of Supervisors and Mayoral approval and ending June 30, 2006. (Office of Contract Administration)



	Continued to November 1, 2005

	Supervisor Sandoval, 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, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

SPECIAL ORDER 3:00 P.M.

051534	[Public Hearing - Sidewalk Assessment Costs 534 Octavia Street]
	Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the Board)


	The President inquired as to whether or not any member of the public wished to address the Board members. The President declared the public hearing closed.

	HEARD AT PUBLIC HEARING.

051532	[Report of assessment costs for sidewalk and curb repairs - 534 Octavia Street]
	Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (DPW Order No. 175,586; Location: 534 Octavia Street.)



	Enacted Number:	772-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

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

Privilege of the Floor






	Supervisor Ammiano, seconded by Supervisor Dufty, 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, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval






	Supervisor Ammiano introduced, welcomed and presented a Certificate of Honor to Rick Ruvolo in recognition of his retirement from the City and County of San Francisco employment. Supervisor Peskin introduced, welcomed and presented a Certificate of Honor Dr. Victor Batarseh, Mayor of Bethlehem.

SPECIAL ORDER 4:00 P.M.

051222	[Public Hearing - Appeal of Categorical Exemption from Environmental Review for 899 North Point Street]
	Hearing of persons interested in or objecting to the decision of the Planning Department dated April 22, 2005, exempting from environmental review under Categorical Exemption, State CEQA Guidelines Sections 15303(b) and General Rule Exclusion, under CEQA Guidelines Section 15061(b)(3). The proposed project would involve the demolition of a vacant gas station building, approximately 1,650 square feet in size, and construction of a four-story, five-unit residential building. The proposed project would provide seven off-street parking spaces on the ground floor. Entrance and access to the residential units would be from Larkin Street and vehicular entrance and access would be from North Point Street. The project site at 899 North Point Street (Assessor's Block 0026, Lot 020) is approximately 5,469 square feet in size and located on the southeastern corner of North Point and Larkin Streets in the Russian Hill neighborhood on the block bounded by Larkin, North Point, Hyde and Bay Streets. The project site is zoned RH-3 (Residential, House, Three-Family) and is within a 40-X height and bulk district. The project site is also located in the Waterfront Special Use District No. 2, per Section 240.2 of the San Francisco Planning Code. (Appellant: Stephen M. Williams.) (Filed June 17, 2005; companion measure to Files 051223, 051224, 051225; District 2.)






	Continued to November 22, 2005

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


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

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

051223	[Affirming the categorical exemption issued for 899 North Point Street]
	Motion affirming the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)






	Continued to November 22, 2005

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

051224	[Disapproving the categorical exemption issued for 899 North Point Street]
	Motion disapproving the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)






	Continued to November 22, 2005

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

051225	[Preparation of findings related to the categorical exemption issued for 899 North Point Street]
	Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)






	Continued to November 22, 2005

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






	Recess The Board recessed at the hour of 4:18 p.m. Reconvening of the Board The Board reconvened at the hour of 4:36 p.m. Calling the Roll The following Supervisors were noted present: Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval - 9 Supervisor Mirkarimi was noted present at 4:38 p.m.

SPECIAL ORDER 4:30 P.M.




	Supervisor Daly noted absent at 4:36 p.m. Supervisor Alioto-Pier noted absent at 7:45 p.m. Supervisor McGoldrick noted absent at 8:30 p.m. Supervisor McGoldrick noted present at 9:00 p.m. Supervisor Alioto-Pier noted present at 9:05 p.m. Supervisor Daly noted present at 9:07 p.m. Supervisor Daly noted absent at 9:34 p.m. Supervisor Daly noted present at 9:45 p.m.

051445	[Public Hearing - Appeal of Final Environmental Impact Report for 491 Bayshore Boulevard (HOME DEPOT)]
	Hearing of persons interested in or objecting to the Planning Commission's July 28, 2005, certification of a Final Environmental Impact Report identified as Case No. 2001.0062E, through its Motion 17071. The proposed project would involve the demolition of the existing vacant buildings equaling approximately 107,372 square feet and the construction of approximately 140,000 square foot home improvement center (HOME DEPOT) with a separate, attached 235,597 square foot parking garage accommodating 585 parking spaces with an M-1 (Light Industrial) District, a 65-J Height and Bulk District, and the Industrial Protection Zone Special Use District, located at 491 Bayshore Boulevard, Assessor's Block 5598, Lots 8, 9, 11, 13, 15, 16, 18, 21 and 28. (Appellant: Sue C. Hestor, Attorney, on behalf of Cole Hardware). (Date Filed: 8/11/05; companion measure to Files 051446, 051447, 051448; District 10.)



	The President inquired as to whether or not any member of the public wished to address the Board members. Rich Hart, Cole Hardware, appellant Sue Hestor, on behalf of the appellant Ed Clark; support of appellant Mike Casey; support of appellant Connie Ford, SF Labor Council; support of appellant Frank Martin, Latino Labor Council; support of appellant Maria Harrison; support of appellant Bianca; support of appellant Mark Majors; support of appellant (5 individuals released speaking time to show video) Carlos Julio Gonzalez; support of appellant (1 individual released speaking time to show video) Andy Loughsinger; support of appellant Rich Hunt; support of appellant Jeff Powlaski; support of appellant Linda Cook; support of appellant Keith Gentor; support of appellant Wendy Shanen; support of appellant Shelly Klein; support of appellant Steven Cornell; support of appellant Joseph Blair; support of appellant Jeff Leopold; support of appellant Gwen Kaplan; support of appellant Dave Sahagan; support of appellant Ernie Estin; support of appellant Robert Frost; support of appellant Michael Larsen; support of appellant Mike Clauson; support of appellant Gary Frank; support of appellant Lawrence Winn; support of appellant Enya Karuna; support of appellant Peter Gable; support of appellant Scott Haughey; support of appellant Wendy Phillips; support of appellant Eric Casel; support of appellant Ms. Pigpen; support of appellant Amy Kyle; support of appellant Jeanna Solomon; support of appellant John Perry; support of appellant Carl Koney; support of appellant Chris Woodman; support of appellant Tom Breason; support of appellant Barbara Heil; support of appellant Jason Yusinski; support of appellant Rose Garcia; support of appellant Lillian Fireside; support of

	FILED.


	Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Environmental Impact Report 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 approved.)

051446	[Affirm certification of 491 Bayshore Boulevard (Home Depot) FEIR]
	Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 491 Bayshore Boulevard (Home Depot) Project. (Clerk of the Board)



	Continued to November 1, 2005

	Supervisor Dufty, seconded by Supervisor Ma, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin Noes: 5 - Ammiano, Daly, McGoldrick, Mirkarimi, Sandoval

051447	[Disapprove certification of 491 Bayshore Boulevard (Home Depot) FEIR]
	Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the 491 Bayshore Boulevard (Home Depot) Project. (Clerk of the Board)



	Continued to November 1, 2005

	Supervisor Dufty, seconded by Supervisor Ma, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin Noes: 5 - Ammiano, Daly, McGoldrick, Mirkarimi, Sandoval

051448	[Preparation of findings to disapprove certification of 491 Bayshore Boulevard (Home Depot) FEIR]
	Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the 491 Bayshore Boulevard (Home Depot) Project. (Clerk of the Board)



	Continued to November 1, 2005

	Supervisor Dufty, seconded by Supervisor Ma, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin Noes: 5 - Ammiano, Daly, McGoldrick, Mirkarimi, Sandoval

COMMITTEE REPORTS

051748	[Medical cannabis dispensary application fee increase and adjustment of application and annual license fees based on changes in CPI]	Supervisor Mirkarimi
	Ordinance amending the San Francisco Health Code to amend Section 3204 to provide for adjustments of the application fee for medical cannabis dispensary permits based on changes to the consumer price index and amending the Business and Tax Regulations Code to amend Section 249.17 to provide for adjustments in the medical cannabis dispensaries annual license fees based on changes to the consumer price index.





	Continued to November 15, 2005

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

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT




	Abdullah Megaheed; expressed concern with general issues Brent Sabi; expressed concern with issues relating to medical marijuana cards issued by the State James Chaffee; expressed concern with issues relating to National politics regarding to religious broadcasts Jonathan Beaver; expressed concern expressed concern with issues relating to medical marijuana cards issued by the State Mr. Kosman; expressed concern with issues relating to various technology legislation Eugene Gordon, Jr.; expressed concern with terrorist and racist issues Mathew Pruitt; expressed concern with issues relating to medical marijuana cards issued by the State Male speaker; expressed concerns with the releasing of patient information relating to the distribution of medical marijuana

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.

051727	[Urging Commemoration of Harvey Milk Stamp]		Supervisors Daly, Ammiano, Dufty, Sandoval
	Resolution urging the United States Post Master General to issue a commemorative stamp of Harvey Milk.



	Enacted Number:	783-05
	ADOPTED

051728	[Commending Lights On Afterschool]		Supervisor Ma
	Resolution commending Lights On Afterschool!



	Enacted Number:	782-05
	ADOPTED

051729	[Accept-Expend Federal Grant - Department of the Environment]		Supervisor Ma
	Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $25,000 from the Environmental Protection Agency Aging Initiative to reduce seniors' exposure to environmental hazards, increase senior participation in free and low cost toxic reduction programs currently being offered by the City and to work with seniors and senior networks to conduct outreach and education efforts to seniors by seniors.



	Enacted Number:	786-05
	ADOPTED

051730	[Commending the San Francisco Health Plan]		Supervisor Maxwell
	Resolution commending the San Francisco Health Plan for their commitment and dedication to the residents of the City.



	Enacted Number:	781-05
	ADOPTED

051731	[Proclaiming November 2005 as Lung Cancer Awareness Month in San Francisco]		Supervisor Maxwell
	Resolution proclaiming November 2005 as Lung Cancer Awareness Month in San Francisco.



	Enacted Number:	779-05
	ADOPTED

051733	[Acceptance of a monetary gift - Recreation and Park Department]		Supervisor Maxwell
	Resolution approving the acceptance of a monetary gift of $53,075 from Michael Lanza to the Recreation and Park Department to fund improvements for the Arkansas Friendship Community Garden and a pathway at Potrero Hill Playground, and to support recreational programs at Potrero Hill Recreation Center.



	Enacted Number:	780-05
	ADOPTED

051734	[Grant of Federal Funds - Municipal Transportation Agency]		Supervisor Maxwell
	Resolution authorizing the Municipal Transportation Agency to accept and expend $23,600 of Section 115 funds from the Federal Transit Administration for the Municipal Railway's Radio System Replacement and Third Street Phase 1 projects, excluding administrative overhead costs.



	Enacted Number:	778-05
	ADOPTED

051735	[Accept-Expend Federal Grant - Department of the Environment]		Supervisor Mirkarimi
	Resolution authorizing the Department of the Environment to accept and expend grant funds in the amount of $15,000 from the Environmental Protection Agency (EPA) for the ongoing development of a database to track municipal green building projects and their environmental benefits to the City and County of San Francisco and disseminate information about the database to stakeholders.



	Enacted Number:	777-05
	ADOPTED

051736	[Home Care and Hospice Day]		Supervisors Peskin, Daly
	Resolution commending the San Francisco Bay Area Regional Council of Home Care Providers, and declaring November 9, 2005, Home Care and Hospice Day in San Francisco.


	Supervisor Daly requested to be added as a co-sponsor.
	Enacted Number:	776-05
	ADOPTED

051738	*[Commending PlantSF, Sidewalk Pocket Park Gardens]**		Supervisor Ammiano
	Resolution commending the work of Plant*SF, Sidewalk Pocket Park Gardens and other projects that promote community-based permeable landscaping and public open-space gardens located on public rights-of-way.



	Enacted Number:	775-05
	ADOPTED

051712	[Needle Exchange Emergency]		Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty, Mirkarimi
	Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.



	Enacted Number:	M05-130
	APPROVED

051732	[Committee of the Whole - November 1, 2005 at 5:30 p.m.]		Supervisors Maxwell, Mirkarimi
	Motion scheduling a Committee of the Whole on November 1, 2005, at 5:30 p.m. to hold a hearing to discuss the City's plan to end gun and gang violence in San Francisco.



	Enacted Number:	M05-129
	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 Agenda




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

051719	[Judicial Review of the Ogoni Nine]	Supervisors Ammiano, Daly, Elsbernd
	Resolution urging the Government of Nigeria to conduct a full judicial review of the trial of the Ogoni Nine, make reparations to the survivors of the Ogoni Nine, increase social spending for the Ogoni and the Niger Delta as a whole, ensure that all members of the security forces receive training in international standards on the use of force and firearms, in particular the 1979 UN Code of Conduct for Law Enforcement Officials and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.



	Supervisors Daly and Elsbernd requested to be added as co-sponsors. Amended by inserting "United States Government to urge" before "urging the Government of Nigeria".

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


	Resolution urging the United States Government to urge the Government of Nigeria to conduct a full judicial review of the trial of the Ogoni Nine, make reparations to the survivors of the Ogoni Nine, increase social spending for the Ogoni and the Niger Delta as a whole, ensure that all members of the security forces receive training in international standards on the use of force and firearms, in particular the 1979 UN Code of Conduct for Law Enforcement Officials and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.





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

051723	[Designating the Committee on Parades]		Supervisor Peskin
	Motion designating the City Operations and Neighborhood Services Committee of the Board of Supervisors as the Committee on Parades.


	Supervisor McGoldrick requested that this matter be severed so that it might be considered separately.
	Enacted Number:	M05-128
	APPROVED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

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 Elsbernd, seconded by Supervisor Maxwell, moved ADOPTION of the Commendatory Finding. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval


	[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 Elsbernd, seconded by Supervisor Maxwell, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

051770	[Commending the Jerry Garcia Estate]		Supervisors Sandoval, Ma
	Resolution commending the Jerry Garcia Estate for its tremendous assistance, support, and generosity in promoting and improving McLaren Park and the Excelsior and congratulating the neighbors, community members, and activists who successfully lobbied to have the McLaren Amphitheater renamed the Jerry Garcia Amphitheater.


	Enacted Number:	773-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

051771	[Congratulating Julio and Keiko Ramos]		Supervisor Sandoval
	Resolution congratulating Julio and Keiko Ramos on the birth of their first child, Mia Ramos.


	Enacted Number:	774-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

051769	[Zoning - 16 Month and 15 Day Extension of Interim Moratorium on Medical Cannabis Dispensaries]	Supervisor Mirkarimi
	Urgency ordinance approving a 16 month and 15 day extension of the interim zoning moratorium throughout the City on clubs or dispensaries where marijuana is grown, purchased or distributed with a medical recommendation and making required findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.
	10/25/05, RECEIVED AND ASSIGNED to Land Use Committee. 10/27/05, Submitted ad to be published in the S. F. Chronicle on 10/29/05.

051772	[Designating 2151 Van Ness Avenue, St. Brigid Church, as a Landmark]	Supervisor Alioto-Pier
	Ordinance Designating 2151 Van Ness Avenue, St. Brigid Church, As Landmark No. 252 Pursuant To Article 10, Sections 1004 And 1004.4 Of The Planning Code.
	10/25/05, RECEIVED AND ASSIGNED to Land Use Committee. 10/31/05, Planning Commission Res. No. 17128 approved October 20, 2005; Landmark Preservation Advisory Board Res. No. 587, adopted May 4, 2005 recommending approval; and Landmark designation report adopted May 4, 2005.

051773	[Public Financing for Mayoral Candidates]	Supervisor Mirkarimi
	Ordinance amending the Campaign and Governmental Conduct Code by amending sections 1.104, 1.108, 1.130, 1.134, 1.136, 1.138, 1.140, 1.142, 1.144, 1.148, 1.150, 1.152, 1.154, 1.156 and 1.170 and adding sections 1.134.5, 1.138.5, 1.140.5, 1.144.5 and 1.146 to create a public financing program for mayoral candidates, appropriate funding for the program and make other changes to the Campaign Finance Reform Ordinance. (Fiscal impact.)
	10/25/05, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/24/2005.

Resolutions

051766	[Confirming the reappointment of Ramon Romero to the San Francisco Redevelopment Agency]	Mayor
	Resolution confirming the reappointment of Ramon Romero, term ending September 3, 2009, to the San Francisco Redevelopment Agency.
	10/25/05, RECEIVED AND ASSIGNED to Rules Committee.

051767	[Red Light Photo Enforcement Contract]	Supervisor Ma
	Resolution approving the contract between the Department of Parking and Traffic and ACS State and Local Solutions for administrative support services for the Red Light Photo Enforcement Program for a term not to exceed five years and an amount no to exceed $10,195,471.00. (Fiscal impact.)
	10/25/05, RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests this item be heard at the next available Budget and Finance Committee meeting, per verbal request of Jaynry Mak, Legislative Aide.

051774	[Gift to the Recreation and Park Department]	Supervisor Alioto-Pier
	Resolution accepting and expending a gift valued at up to $16,000,000 from the Maybeck Foundation to the Recreation and Park Department for capital improvements to the Palace of Fine Arts.
	10/25/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051775	["Dr. Cynthia Maung Day" on November 6, 2005]	Supervisor Ammiano
	Resolution declaring "Dr. Cynthia Maung Day" on her visit to the City and County of San Francisco on November 6, 2005.
	10/25/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051776	[Declaring October 25, 2005 as "Alan Heineman Day" in the City and County of San Francisco]	Supervisor McGoldrick
	Resolution honoring Alan Heineman and declaring October 25, 2005 as "Alan Heineman Day" in the City and County of San Francisco.
	10/25/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051777	[Delay local implementation of the State's cannabis identification card system]	Supervisor Mirkarimi
	Resolution urging the Director of Health to delay local implementation of the State's cannabis identification card program until patients, advocates and City and State Legislators have sufficient time to petition the State Health Department to modify its card program protocols to better protect the anonymity of patients and caregivers, and physicians can be informed of their new obligations under the State card program.
	10/25/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

051768	[Structural Integrity of the Hall of Justice Building]	Supervisor Ma
	Hearing to investigate the structural integrity of the Hall of Justice in the event of an emergency and/or natural disaster and to discuss any plans for evacuation and temporary relocation of the offices.
	10/25/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Motion

051778	[Off-Site Board of Supervisors Meeting on November 22, 2005, 2:00 p.m. at the Potrero Hill Resource Center]	Supervisor Sandoval
	Motion scheduling a special off-site meeting of the Board of Supervisors on Tuesday, November 22, 2005, 2:00 pm at the Potrero Hill Resource Center at 85 Turner Terrace.
	10/25/05, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

051654	[Settlement of Lawsuit - Deaf Counseling Advocacy and Referral Agency, et al.]
	Ordinance authorizing settlement of the lawsuit filed by Deaf Counseling Advocacy and Referral Agency, et al., against the City and County of San Francisco, et al. for an agreement to make certain disability access improvements at the San Francisco International Airport, and by the payment of $40,000 in damages, $235,000 in attorney's fees, and $14,500 in costs; the lawsuit was filed on April 17, 2002, in US District Court (Case No C02-1844 MEJ). (City Attorney)
	10/11/05, RECEIVED AND ASSIGNED to Rules Committee.

051759	[Rewards to Informants (Real Estate Watchdogs) for Information Related to the Detection of Underpayment of Property Tax]
	Ordinance amending Chapter 10 of the San Francisco Administrative Code by adding Sections 10.177-2 and 10.177-3, authorizing the Assessor to recommend rewards for information related to the detection of underpayment of tax owed to the City and County of San Francisco. (Assessor-Recorder)
	10/17/05, ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/24/2005.

PROPOSED RESOLUTIONS

Requests Granted




	From: Supervisor Mirkarimi To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation that provides an amnesty for individuals who have entered a City recognized "Care Not Cash" housing program who risk losing housing due to outstanding violations issued by the San Francisco Police Department for vagrancy (California Penal Code Section 647). From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following locations: � Mailboxes at Grove St. and Octavia � Mailboxes at Grove St. and Laguna � Green box and light post near Oak Street and Scott From: Supervisor Mirkarimi To: Director, Department of Parking and Traffic Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of graffiti removal from nine street signs on Steiner between O'Farrell and Turk. cc:Steve Boyack, CPM Regional Manager, Fillmore Center 1475 Fillmore Street San Francisco, CA 94115 From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of cleaning the drains at the following locations: � Southeast corner of Masonic and Frederick � Southeast corner of Waller and Masonic � Southwest corner of Waller and Masonic � Southeast corner of Waller and Ashbury � Southwest corner of Waller and Ashbury � Southeast corner of Ashbury and Masonic � Southeast corner of Ashbury and Haight From: Supervisor Dufty To: Director, Planning Department Requesting/Inquiring: The Planning Department is requested to perform an initial analysis of potential incentives for mixed-use "housing over retail" development that:






	Rosa Louise McCauley Parks - Entire Board Dora Yum Kim - Supervisor McGoldrick Jarrell Wilson - Supervisor Maxwell Naemon Wysinger - Supervisor Maxwell Derrnae Wysinger - Supervisor Maxwell

ADJOURNMENT




	There being no further business the Board adjourned at the hour of 10:00 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 November 22, 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.

Return to Full Board Agendas