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, November 8, 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 2:06 p.m. On the call of the roll Supervisor Sandoval was noted absent . There was a quorum. Supervisor Sandoval was noted present at 2:07 p.m. Members of the Board acknowledged the outstanding service of Deputy City Attorney Ted Lakey upon his retirement from the City and County of San Francisco.

APPROVAL OF MEETING MINUTES






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

AGENDA CHANGES

CONSENT AGENDA

Recommendations of the Budget and Finance Committee

051460	[Subdivision Code fees]		Supervisor Dufty
	Ordinance amending the Subdivision Code section 1315 to adopt new fees for air space maps, lot subdivisions, condominium conversions, parcel maps, lot merger and resubdivision maps, amended maps, lot line adjustments, lot mergers, certificates of compliance, certificates of correction, records of survey, and other mapping actions and to provide for an annual adjustment of such fees based on the relevant consumer price index; and making environmental findings.









	Enacted Number:	251-05
	FINALLY PASSED

051461	[Survey Monument Preservation Fee and Fund]		Supervisor Dufty
	Ordinance amending the San Francisco Administrative Code by adding Section 8.24-6, to authorize the imposition of a $10 grant deed recordation user fee and by adding Section 10.100-50, to create the County Surveyor's Survey Monument Preservation Fund for the deposit and collection of the fee for use by the County Surveyor for the retracement or remonument survey of major historical vertical or horizontal land division lines; amending the San Francisco Subdivision Code by adding Section 1340.1, to authorize the County Surveyor to use the proceeds collected from imposition of the fee to pay for the retracement or remonument survey of major historical vertical or horizontal land division lines; and making environmental findings.







	Enacted Number:	258-05
	FINALLY PASSED

Recommendations of the Land Use Committee

051508	[Establishing a Visitacion Valley Community Facilities and Infrastructure Fee and Fund]		Supervisor Maxwell
	Ordinance adding Planning Code Sections 319 through 319.7 to impose a $4.58 per square foot fee on new residential development in the Visitacion Valley area, to establish a Visitacion Valley Community Facilities and Infrastructure Fund to mitigate impacts from residential development on public infrastructure in Visitacion Valley including libraries, streets, playgrounds, recreational facilities, and community centers, and making findings including findings under the California Environmental Quality Act.










	Enacted Number:	264-05
	FINALLY PASSED

051509	[General Plan Amendment in connection with the Executive Park -- Candlestick Cove Project]		Supervisor Maxwell
	Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Executive Park -- Candlestick Cove Project; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the General Plan and the eight Priority Policies of Planning Code Section 101.1.







	Enacted Number:	263-05
	FINALLY PASSED

Recommendations of the Rules Committee

051357	[Requiring the Office of Emergency Services to submit a written report following any declared emergency, activation of the City's Emergency Operations Center, or credible disaster warning]		Supervisor Mirkarimi
	Ordinance amending the San Francisco Administrative Code by adding Section 7.4-1, to require the Office of Emergency Services to submit a written report to the Disaster Council and the Board of Supervisors following any declared emergency, activation of the City's Emergency Operations Center, or credible disaster warning.





	Enacted Number:	253-05
	FINALLY PASSED

051354	[Settlement of Lawsuit - George Q. Chen]
	Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against George Q. Chen, for a payment to the Airport in the amount of $113,800.00, and on certain other terms; the lawsuit was filed on December 1, 2003, in United States Bankruptcy Court for the Northern District of California, Adversary Case No. 03-3713 DM and entitled City and County of San Francisco v. George Q. Chen. (City Attorney)






	Enacted Number:	260-05
	FINALLY PASSED

051583	[Settlement of Lawsuit - Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al]
	Ordinance authorizing settlement of the lawsuit filed by Frederick Meiswinkel, Inc. for $1,800,000 against the Hunt Construction Group, Inc. and Hunt cross-complaint against the City and County of San Francisco seeking indemnity from the claims brought by Meiswinkel; the lawsuit was filed on March 2, 2004 in San Francisco Superior Court, Case No. CGC -04-429249; entitled, Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al; other material terms of said settlement are nonmaterial terms. (City Attorney)





	Enacted Number:	257-05
	FINALLY PASSED

051584	[Settlement of Lawsuit - Kaiser Foundation Hospitals]
	Ordinance authorizing settlement of the lawsuit filed by Kaiser Foundation Hospitals against the City and County of San Francisco for $67,500.00; the lawsuit was filed on May 4, 2005 in San Francisco Superior Court, Case No. 429-909; entitled Kaiser Foundation Hospitals v. City and County of San Francisco. (City Attorney)





	Enacted Number:	256-05
	FINALLY PASSED

051598	[Settlement of Lawsuit - King C. Electric, Inc.]
	Ordinance authorizing settlement of the lawsuit filed by King C. Electric, Inc. against the City and County of San Francisco according to the following terms: a) King C. Electric, Inc. ("KCE") pays one hundred nine thousand one hundred eighty-five dollars and ninety-three cents ($109,185.93) to the City; b) the City pays seventy-eight thousand nine hundred eighty-three dollars and twenty-one cents ($78,983.21) to KCE; and c) KCE is debarred from performing construction contracts on City-owned projects for two and a half years. The lawsuit was filed on April 14, 2004 in the Superior Court of the City and County of San Francisco, Case No. CGC-o4-430671; entitled King C. Electric, Inc. v. City and County of San Francisco et al. and related cross-action. (City Attorney)





	Enacted Number:	255-05
	FINALLY PASSED

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)





	Enacted Number:	254-05
	FINALLY PASSED

051661	[Settlement of Lawsuit - Walter Reed]
	Ordinance authorizing the settlement of a lawsuit filed by Walter Reed against the City and County of San Francisco for $36,000.00; the lawsuit was filed on December 15, 2003, in San Francisco Superior Court, Case No. 414322, entitled Walter Reed v. City and County of San Francisco, et al. (City Attorney)





	Enacted Number:	252-05
	FINALLY PASSED

051716	[Settlement of Unlitigated Claim - The Hertz Corporation]		Supervisor Ammiano
	Resolution authorizing settlement of an unlitigated claim with The Hertz Corporation, for a payment to the City in the amount of $250,000.00, and on certain other terms.





	Enacted Number:	803-05
	ADOPTED








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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

051744	[Adopting findings related to affirming the categorical exemption for 1070 Sanchez Street]
	Motion adopting findings affirming the determination by the Planning Department that the 1070 Sanchez Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)




	Enacted Number:	M05-135
	APPROVED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

From the Board

Appointment of President Pro Tempore




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

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

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)






	Enacted Number:	M05-134
	APPROVED 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)







	Supervisor Maxwell, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. 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)







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

Recommendation of the Government Audit and Oversight Committee

051414	[Board review required for annual or otherwise recurring grant applications of $5,000,000 or more]	Supervisor Maxwell
	Ordinance amending Section 10.170 of the Administrative Code to require Board review of proposed annual or otherwise recurring grant applications of $5,000,000 or more prior to their submission.







	Supervisor Maxwell, seconded by Supervisor Elsbernd, 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










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

From the Land Use Committee Without Recommendation

051398	[Mission Bay South - Ordering Street Vacation of portions of Fourth Street]
	Ordinance ordering the vacation of two (2) portions of Fourth Street from Third Street north to Channel Street; authorizing a grant in fee title of the City and County of San Francisco's rights and interest in the vacated areas to FOCIL; authorizing reservations of certain utility easements in the vacated areas; adopting findings that such vacation of Fourth Street is consistent with the City General Plan and eight policies of City Planning Code Section 101.1 and the Mission Bay South Redevelopment Plan; adopting findings pursuant to the California Environmental Quality Act (CEQA); accepting Department of Public Works Order No. 175,536; and authorizing official acts in connection with this Ordinance. (Public Works Department)







	Enacted Number:	259-05
	FINALLY PASSED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

NEW BUSINESS

Recommendation of the Land Use Committee

051581	[Street Artist Winter Holiday Spaces]
	Resolution approving temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 2005, beginning on November 15, 2005 and ending on January 15, 2006. (Arts Commission)





	Enacted Number:	804-05
	ADOPTED by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

From the Land Use Committee Without Recommendation

Supervisor Mirkarimi Excused from Voting






	Supervisor Dufty, seconded by Supervisor Sandoval, moved to excuse Supervisor Mirkarimi at his request, because of possible conflict of interest, from voting. The motion carried by the following vote:
	Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

051462	[Condominium conversion lottery based on seniority of participation]	Supervisors Dufty, Ma, Alioto-Pier
	Ordinance amending Subdivision Code Section 1396.1 to prioritize the condominium conversion lottery based on seniority of participation in prior lotteries and making environmental findings.








	CONTINUED by the following vote:
	Ayes: 9 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval Noes: 1 - Daly Excused: 1 - Mirkarimi






	Continued to November 22, 2005 Supervisor Ma requested to be added as a co-sponsor.

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




	Supervisor Daly was noted absent at 3:26 p.m.

Privilege of the Floor






	Supervisor Ma, 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: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1 - Daly






	Supervisor Ma introduced, welcomed and presented a Certificate of Honor to J.T. The Bigger Figure.






	Recess The Board recessed at the hour of 3:47 p.m. Reconvening of the Board The Board reconvened at the hour of 4:04 p.m. Calling the Roll The following Supervisors were noted present: Alioto-Pier, Dufty, Elsbernd, Maxwell, McGoldrick, Peskin - 6 Supervisor Ma noted present at 4:06 p.m. Supervisor Mirkarimi noted present at 4:08 p.m.

SPECIAL ORDER 4:00 P.M.

051755	[Public Hearing - Appeal of Categorical Exemption from Environmental Review for 733-27th Avenue]
	Hearing of persons interested in or objecting to the decision of the Planning Department dated August 24, 2005, exempting from environmental review under Categorical Exemption [State CEQA Guidelines, Section 15301 (Class 1)] the proposed interior renovations, fa�ade alteration and horizontal and vertical extensions of the existing two-family residence. The existing two-story building is approximately 1,848 feet in size and has one off-street parking space. Upon completion of the proposed project, the building would have two residential units in a three-story, approximately 4,700 square-foot building with two off-street parking spaces in the ground floor garage. The proposed project would result in a horizontal addition that would extend the existing building about six feet to the north property line and 18 feet west into the rear yard and a vertical addition that would add a third floor to the existing building. The project would also include interior renovations and alteration of the fa�ade. The approximately 3,710 square-foot project site is located at 733-27th Avenue (Assessor's Block 1617, Lot 3), The project is within RH-2 (House, Two-Family) zoning district and within a 40X height and bulk district. (Appellant: Stephen M. Williams representing the neighbors of the above-referenced project.) (Filed 10/13/05; companion measure to Files 051756, 051758, 051758; District 1.)


	The President inquired as to whether or not any member of the public wished to address the Board members. Stephen M. Williams, Attorney for the appellant reviewed with the Board a request for a continuance. David Cincotta, Attorney for the project sponsor reviewed with the Board the reasons not to continue this matter to January 10, 2006. Supervisor McGoldrick, seconded by Supervisor Mirkarimi, moved to continue to January 10, 2006. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved to amend the continuance date to December 13, 2005. Motion to amend the continuance date to December 13, 2005 failed by the following vote: Ayes: 4 - Alioto-Pier, Dufty, Elsbernd, Ma Noes: 4 - Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 3 - Ammiano, Daly, Sandoval Continued to Janaury 10, 2006 Supervisor Ammiano was noted present at 4:24 p.m.

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

051756	[Affirming the categorical exemption issued for 733-27th Avenue]
	Motion affirming the determination by the Planning Department that the 733-27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


	Continued to January 10, 2005

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

051757	[Disapproving the categorical exemption issued for 733-27th Avenue]
	Motion disapproving the determination by the Planning Department that the 733-27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


	Continued to January 10, 2005

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

051758	[Preparation of findings related to the categorical exemption issued for 733-27th Avenue]
	Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 733-27th Avenue project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)


	Continued to January 10, 2005

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

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT




	Abdullah Megaheed; expressed concern with homeless issues James Chafee; expressed concern with SF Library issues and public comment Eugene Gordon, Jr.; showed interest in human interest issues Walter, shared with the Board stories about his mother

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.



	Supervisor Ammiano was noted absent at 3:40 p.m.

051829	[Emergency Disadvantaged Business Enterprise Program - November 15, 2005 - 4 p.m. Committee of the Whole]		Supervisor Ma
	Motion for the Board of Supervisors to convene as a committee of the whole on November 15, 2005, at 4:00 p.m. to accept public testimony concerning the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency.



	Enacted Number:	M05-133
	APPROVED

051828	[Extension of Arts Task Force through January 31, 2006]		Supervisor Ammiano
	Resolution extending the operations of the Arts Task Force through January 31, 2006.



	Enacted Number:	802-05
	ADOPTED

051830	[International Education Week]		Supervisor Ma
	Resolution declaring the week of November 14-18, 2005 as "International Education Week" in the City and County of San Francisco.



	Enacted Number:	801-05
	ADOPTED

051831	[Accept and Expend Grant - Sheriff's Department program providing employment and education services for young offenders in the county jail and after their release]		Supervisor Ma
	Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $311,603 from the Substance Abuse & Mental Health Services Administration for providing jail diversion opportunities involving integrated mental health and substance abuse treatment for incarcerated women.



	Enacted Number:	800-05
	ADOPTED

051832	[Designating November 13, 2005 as Sisters of the Presentation Day]		Supervisors McGoldrick, Elsbernd
	Resolution designating November 13, 2005 as Sisters of the Presentation Day.


	Supervisor Elsbernd requested to be added as a co-sponsor.
	Enacted Number:	799-05
	ADOPTED

051833	[Commending Hayes Valley Community Partners]		Supervisor Mirkarimi
	Resolution commending the Hayes Valley Community Partners for organizing four neighborhood Halloween celebrations.



	Enacted Number:	798-05
	ADOPTED

051835	[Accept-expend State Grant Funds available under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002]		Mayor, Supervisor Daly
	Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a local assistance grant in the amount of $1,049,000 available under the Urban Park Act of 2001 Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the development of the South of Market Area Park. (Fiscal impact.)



	Enacted Number:	795-05
	ADOPTED

051817	[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:	M05-132
	APPROVED








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






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

051834	[Urging Governor Schwarzenegger to grant Stanley Tookie Williams' request for clemency]		Supervisor Mirkarimi
	Resolution urging Governor Schwarzenegger to grant Stanley Tookie Williams' request for clemency and to support AB-1121, the "California Moratorium on Executions Act."



	Enacted Number:	816-05
	ADOPTED by the following vote:
	Ayes: 9 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Ammiano, Daly

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


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

051838	[Congratulating the National Gay and Lesbian Task Force on the 18th Annual Creating Change Conference]		Supervisors Dufty, Ammiano
	Resolution to congratulate the National Gay and Lesbian Task Force on the 18th Annual Creating Change Conference.


	Enacted Number:	797-05
	ADOPTED by the following vote:
	Ayes: 9 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Ammiano, Daly

051842	[Commending Deputy City Attorney Sarah Ellen Owsowitz]		Supervisors Peskin, Elsbernd
	Resolution commending Sarah Ellen Owsowitz for six years of exemplary public service to San Francisco as a Deputy City Attorney and wishing her well in her future endeavors.


	Enacted Number:	796-05
	ADOPTED by the following vote:
	Ayes: 9 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 2 - Ammiano, Daly

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

051841	[Haight Street Alcohol Restricted Use Subdistrict - Permissible bar use in movie theaters]	Supervisor Mirkarimi
	Ordinance amending Planning Code Section 781.9 to allow a bar use in a movie theater under specified circumstances in the Haight Street Alcohol Restricted Use Subdistrict; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
	11/8/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/8/2005.

051844	[Amending Planning Code Section 610]	Supervisor Peskin
	Ordinance amending the San Francisco Planning Code by amending Section 610 to provide for neutral administrative law judges to conduct reconsideration hearings concerning the Planning Director's assessment of administrative penalties for the unlawful operation of general advertising signs; to make additional procedural clarifications; to establish a fee for requesting a reconsideration hearing; and to make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
	11/8/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/8/2005.

Resolutions

051839	[Grant to improve child passenger safety in San Francisco - Department of Public Health]	Supervisor Ma
	Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept and expend a new grant in the amount of $563,195 from the California Office of Traffic Safety (COTS) to improve child passenger safety in San Francisco, to enter into an agreement for the use of these funds, and to add one (1.0) position funded through this grant agreement; for the period of October 1, 2005, to December 31, 2007.
	11/8/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be considered for the next available City Operations and Neighborhood Services Committee meeting. 11/14/05 - Referred to Youth Commission.

051845	[Confirmation: City Hall Preservation Advisory Commission]	Mayor
	Resolution confirming the appointment of Jim Haas, GeeGee Platt and Anne Cervantes for a two year term to the City Hall Preservation Advisory Commission.
	11/8/05, RECEIVED AND ASSIGNED to Rules Committee.

051846	[Confirmation: City Hall Preservation Advisory Commission]	Mayor
	Resolution confirming the appointment of Ellen Schumer and Mae Woo for a four year term to the City Hall Preservation Advisory Commission.
	11/8/05, RECEIVED AND ASSIGNED to Rules Committee.

051847	[Parking Regulations]	Supervisor Sandoval
	Resolution enacting and rescinding parking regulations at various locations. NO PARKING ANYTIME - ESTABLISH Alemany Boulevard, westside, from 34 feet to 70 feet north of Ocean Avenue. (11/8/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)
	11/8/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 11/15/05 - Parking and Traffic notifed to post required notices and placed in the 11/19/05 edition of the SF Chronicle.

051848	[Traffic Regulation]	Supervisor Mirkarimi
	Resolution rescinding traffic regulation on Oak Street. TOW-AWAY NO PARKING ANYTIME - RESCIND North side of Oak Street, from Divisadero Street to Buchanan Street.
	11/8/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 11/14/05 - Referred to Parking and Traffic for determination of environmental impact. 11/15/05 - Parking and Traffic notifed to post required notices and placed in the 11/19/05 edition of the SF Chronicle.

051849	[STOP Intersections]	Supervisor Mirkarimi
	Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Pierce and Fulton: stopping northbound and southbound at Pierce Street, and eastbound and westbound at Fulton Street, making this intersection an All-Way STOP; 4th Ave. at Hugo: stopping northbound and southbound 4th Ave. and eastbound and westbound Hugo, making this intersection an All-Way STOP; Octavia at Fulton: stopping eastbound and westbound at Octavia Street; Stanyan at Alma: stopping northbound and southbound traffic at Stanyan at Alma St.
	11/8/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 11/14/05 - Referred to Parking and Traffic for determination of environmental impact. 11/15/05 - Parking and Traffic notifed to post required notices and placed in the 11/19/05 edition of the SF Chronicle. 11/18/05 - Response received from Parking and Traffic, exempt from environmental review.

051850	[Traffic Regulations]	Supervisor Sandoval
	Resolution enacting and rescinding traffic regulations on various streets. BICYCLE LANES - ESTABLISH Alemany Boulevard, northbound, from 200 feet west of San Jose Avenue to Niagara Avenue, and from Geneva Avenue to Rousseau Street; and, Alemany Boulevard, southbound, from Rousseau Street to Seneca Avenue, and from Geneva Avenue to San Jose Avenue. LEFT LANE MUST TURN LEFT - ESTABLISH Alemany Boulevard, southbound, at Geneva Avenue; and, Alemany Boulevard, northbound, at Geneva Avenue. RIGHT LANE MUST TURN RIGHT - ESTABLISH Alemany Boulevard, northbound, at San Jose Avenue/Regent Street; and Alemany Boulevard, southbound, at Rousseau Street. (11/8/05: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)
	11/8/05, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 11/15/05 - Parking and Traffic notifed to post required notices and placed in the 11/19/05 edition of the SF Chronicle.

051862	[Averting SFUSD Strike]	Supervisor Ammiano
	Resolution urging the San Francisco Unified School District and SEIU to come to an agreement that averts a potential strike that would be harmful to the children and youth of San Francisco and rely on information provided by the City Controller where this can be helpful.
	11/8/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051863	[American Indian Heritage Month]	Supervisor Ma
	Resolution declaring November 2005 as "American Indian Heritage Month" in the City and County of San Francisco.
	11/8/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051864	[Extending the term of service for the Power Plant Task Force]	Supervisor Maxwell
	Resolution to extend the expiration date of the Power Plant Task Force from November 1, 2005 to November 1, 2006.
	11/8/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051865	[Issuance and Sale of Revenue Bonds - Jewish Home of San Francisco]	Supervisor Sandoval
	Resolution approving the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $38,000,000 for the financing of the remodeling of and construction of additions to a residential and care facility owned by the Jewish Home of San Francisco.
	11/8/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051866	[Commending Rabbi Kenneth R. Leitner]	Supervisors Sandoval, Dufty, Peskin
	Resolution commending Rabbi Kenneth R. Leitner for his exceptional qualities as a religious leader and congratulating him on his installation as the new senior rabbi at the Congregation Beth Sholom.
	11/8/05, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Motion

051843	[Rules of Order - Public Testimony Provisions]	Supervisor Peskin
	Motion amending the Rules of Order of the Board of Supervisors to add Rule 1.1.1, which will adopt public testimony procedures for the Board and its Committees.
	11/8/05, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

PROPOSED RESOLUTIONS

Requests Granted




	From: Supervisor McGoldrick To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation to prevent the eviction of families with school aged children during the school year in order to prohibit the occurrence of disruption in children's education and development caused by relocating. From: Supervisor Maxwell To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft interim controls to impose a Conditional Use requirement for commercial development on Bayshore Boulevard over 40,000 square feet. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repaving the 1900 block of Laguna Street. cc: Mark Tangard 1905 Laguna Street, Unit 106 San Francisco, CA 94115 From: Supervisor Mirkarimi To: Director, Department of Recreation and Parks Requesting/Inquiring: Requesting that a thorough explanation as to the justification of how the Recreation and Parks Department repetitively refuses to take care of park operations (denying full-time and part-time gardeners and other maintenance staff) within District 5, but at a moments notice, will dispatch sizable crews (on a Sunday for overtime pay) to perform maintenance and gardening functions for visiting dignitaries whereas otherwise, these parks needs have remained unattended for much of the last year. A reply is expected in writing prior to our meeting - a meeting has been called with Recreation and Park Department Director and senior staff for November. 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 repairing a hole in the sidewalk near 913 Cole Street

In Memoriams




	In Memoriams Cheryl Towns - Supervisors Maxwell and Dufty E. Lucille Ramstetter - Supervisor Ma Charlie Passanisi - Supervisor Elsbernd

ADJOURNMENT




	There being no further business the Board adjourned at the hour of 4:26 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 December 6, 2005. I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of said Board on the date stated and was approved as recited.

Meeting Procedures

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

Disability access

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

Know Your Rights Under the Sunshine Ordinance

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

Lobbyist Registration and Reporting Requirements

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

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