Board of Supervisors : January 10 , 2006

Board of Supervisors

City and County of San Francisco

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

AGENDA
Tuesday, January 10, 2006
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

Motion to approve Board Minutes for December 6, 2005 and December 13, 2005.

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 17

Recommendations of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

1. 051827 [Exempting pushcart peddlers with BART permits at 16th and 24th Street Stations from Police permit requirements] Supervisor Ammiano

Ordinance amending Article 17.3 of the Police Code by amending Section 1330 to define BART; adding Section 1330.2 to exempt pushcarts who obtain permits from BART for the 16th St. and 24th St. BART stations or adjacent plaza from obtaining a police permit; amending Section 1330.5 to require the Health Department Director to make a recommendation to BART within 30 days after the filing of such application with BART; amending Section 1330.14 to require the Health Department Director to forward the Certificate of Sanitation decal number assigned to each pushcart under the jurisdiction of BART to BART; and by renumbering Sections 1330.2 through 1330.6.

12/13/2005, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

2. 051869 [Approval of Port Lease with Miller Kelly Architects, Inc. at the Roundhouse One Building located at 1500 Sansome Street]

Resolution approving Lease between the San Francisco Port Commission and Miller Kelly Architects, Inc., a California corporation, dba MK Think for the lease of the Roundhouse One Building located at 1500 Sansome Street, for a term of ten (10) years and one hundred eighty (180) days with one (1) option to renew for an additional five (5) years. (Port)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Alioto-Pier, Peskin

3. 051745 [Settlement of Lawsuit - Dazell Mallory]

Ordinance authorizing settlement of the lawsuit filed by plaintiff Dazell Mallory against the City and County of San Francisco for payment of $53,150, including all damages, attorneys' fees and costs; the lawsuit was filed on February 24, 2005, in San Francisco Superior Court, Case No. 438-930, entitled Dazell Mallory v. San Francisco Public Library, the City and County of San Francisco, and Does 1-100. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

4. 051812 [Settlement of Lawsuit - Theresa Koenig]

Ordinance authorizing settlement of the lawsuit filed by Theresa Koenig against the City and County of San Francisco for $190,000; the lawsuit was filed on November 16, 2001 in San Francisco Superior Court, Case No. 401-374; entitled Theresa Koenig, et al., v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 051813 [Settlement of Lawsuit - Tania Tavasieff Foley]

Ordinance authorizing settlement of the lawsuit filed by Tania Tavasieff Foley against the City and County of San Francisco for $75,000; the lawsuit was filed on September 7, 2004 in San Francisco Superior Court, Case No. 434-496; entitled Tania Tavasieff Foley v. City and County of San Francisco, Mortimer John Joyce, Jr., and Stephen Waichi Wong. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

6. 051814 [Settlement of Lawsuit - Aircraft Service International, DHL Express (USA) as successor in interest to Airborne Express ("Airborne"), Atlantic Richfield Co., ChevronTexaco, Shell,

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Aircraft Service International, DHL Express (USA) as successor in interest to Airborne Express ("Airborne"), Atlantic Richfield Co., ChevronTexaco, Shell, Signature Flight Support, and Unocal, for the payment to the Airport of environmental clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal). (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 051820 [Settlement of proceeding before the California Public Utilities Commission regarding the December 2003 fire at PG&E's Mission Substation and the subsequent outage] Supervisors McGoldrick, Maxwell

Ordinance authorizing settlement of the proceeding before the California Public Utilities Commission, Investigation 05-03-011, to determine whether PG&E should be found in violation of state law and fined in connection with the December 2003 fire at the Mission Substation and the subsequent outage affecting 100,000 customers in San Francisco.

Question: Shall this Ordinance be PASSED ON FIRST READING?

8. 051877 [Settlement of Lawsuit - Carol Renault v. CCSF, et al.]

Ordinance authorizing settlement of the lawsuit filed by Carol Renault against the City and County of San Francisco for $900,000; the lawsuit was filed on July 20, 2004 in San Francisco Superior Court, Case No. 433-157; entitled Carol Renault v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

9. 051878 [Settlement of Lawsuit - 1750 Connecticut Street, et al., v. CCSF, et al.]

Ordinance authorizing settlement of the lawsuit filed by 1750 Connecticut Street against the City and County of San Francisco for $75,000; the lawsuit was filed on August 20, 2004 in San Francisco Superior Court, Case No. 433-992; entitled 1750 Connecticut Street, et al., v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 051896 [Settlement of Lawsuit - National Center for International Schools, et al., v. CCSF, et al.]

Ordinance authorizing settlement of the lawsuit filed by National Center for International Schools against the City and County of San Francisco for $178,667.42; the lawsuit was filed on October 28, 2004 in San Francisco Superior Court, Case No. 435-875; entitled National Center for International Schools, et al., v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 051899 [Settlement of Lawsuit - Evan Weiss Arkush, et al., v. CCSF, et al.]

Ordinance authorizing settlement of the lawsuit filed by Evan Weiss Arkush against the City and County of San Francisco for $125,000; the lawsuit was filed on July 26, 2004 in San Francisco Superior Court, Case No. 432-947; entitled Evan Weiss Arkush, et al., v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 051935 [Settlement of Claim - Yully Company]

Resolution approving the settlement of the unlitigated Claim No. 05-03042 filed by Yully Company on March 24, 2005, against the City and County of San Francisco for $119,000. (City Attorney)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

13. 051763 [Appointment - Public Utilities Revenue Bond Oversight Committee]

Resolution appointing David Sutter, term ending November 12, 2009, to the Public Utilities Revenue Bond Oversight Committee.

David Sutter, succeeding himself, term expired, seat 2, must have expertise, skills and experience in economics, the environment, construction or project management, for the unexpired portion of a four-year term ending November 12, 2009.

Question: Shall this Resolution be ADOPTED?

14. 051976 [Appointment - Back Streets Business Advisory Board]

Resolution appointing Michael Potepan, term ending November 16, 2006, to the Back Streets Business Advisory Board.

Michael Potepan, succeeding My Do, resigned, seat 6, must be an officer or representative of an economic development or planning organization or association, or of an academic institution, for the unexpired portion of a two-year term ending November 16, 2006.

Question: Shall this Resolution be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

15. 051808 [Liquor License Transfer, 4715 Geary Boulevard]

Hearing to consider that the transfer of a Type 21 off-sale general alcoholic beverage control license from 308 Randolph Street to 4715 Geary Boulevard (District 1), to Wendy Ai-Phi Van dba D&M Liquor Mart, will serve the convenience of the people of the City and County of San Francisco.

Question: Shall this Resolution be ADOPTED?

16. 051913 [Grant of Regional Funds - Municipal Transportation Agency] Supervisor Dufty

Resolution authorizing the Municipal Transportation Agency to accept and expend $11,283,000 of Regional Measure 2 funds for the Automatic Vehicle Location System project.

Question: Shall this Resolution be ADOPTED?

17. 051957 [Grant of Local Funds - Municipal Transportation Agency] Supervisors Dufty, Ma

Resolution authorizing the Municipal Transportation Agency to accept and expend $876,050 of Transportation Fund for Clean Air Regional Funds from the Bay Area Air Quality Management District to implement projects that reduce air pollution from motor vehicles.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

18. 052053 [Adopting findings related to the conditional use appeal on property located at 80 West Portal Avenue]

Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Application No. 2005.0698C (which allowed the establishment of a mortgage brokerage as a business or professional service (Guarantee Mortgage), in a vacant ground floor commercial space approximately 2,318 gross square feet in the West Portal Avenue Neighborhood Commercial District and 26-X Height an Bulk District) for property located at 80 West Portal (Lot 008, in Assessor's Block 2931). (Clerk of the Board)

(Companion measure to Files 051784, 051785, 051786, 051787.)

1/4/2006, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee

Present: Supervisors Ammiano, Mirkarimi, Elsbernd

19. 051559 [An ordinance conforming state law, provisions of the Administrative Code, which permit any person who is liable for tax on property that has been damaged or destroyed by misfortune or Supervisor Elsbernd

Ordinance amending Section 10.2-5 of the San Francisco Administrative Code to conform to Section 170 of Chapter 2.5, Part 1, Division 1 of the California Revenue and Taxation Code providing that every assessee of any taxable property, or any person liable for the taxes thereon, whose property was damaged or destroyed, without his or her fault, by a misfortune or calamity, may apply for reassessment of that property; specifying the nature of the damage or destruction required to be eligible for reassessment; and also specifying that the Assessor-Recorder may initiate the reassessment where the Assessor-Recorder determines that within the preceding 12 months taxable property located in the County was damaged or destroyed, for the purpose of providing property tax relief to residents of the City and County of San Francisco.

Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 051721 [Zoning - Interim Moratorium on New Check Cashing and Pay Day Lender Uses] Supervisors Ammiano, Maxwell, Dufty, Daly

Urgency Ordinance approving an interim zoning moratorium on new check cashing and pay day lender uses for 45 days and making required findings, including findings related to the imposition of an interim moratorium, findings of consistency with the priority policies of Planning Code Section 101.1, and environmental findings.

Question: Shall this Ordinance be FINALLY PASSED?

21. 051789 [Prevailing wages for workers on public works/improvement projects, workers doing janitorial services, workers in public off-street parking lots, garages, or auto storage facilities,

Resolution fixing prevailing wage rates for (1) workers performing work under City contracts for public work and improvement; (2) workers performing work under City contracts for janitorial services; (3) workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; (4) workers engaged in theatrical or technical services for shows on property owned by the City; and (5) workers performing moving services under City contracts at facilities owned or leased by the City. (Civil Service Commission)

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

22. 051923 [Authorization for Loan from SFCTA] Supervisor McGoldrick

Resolution authorizing the City and County of San Francisco, through its Municipal Transportation Agency, to borrow $22.57 million of Proposition K Sales Tax Funds from the San Francisco County Transportation Authority to allow the Third Street Light Rail Transit - Muni Metro East Maintenance and Operations Facility Project to proceed in advance of receiving anticipated state grant funds.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Government Audit and Oversight Committee

Present: Supervisors Peskin, Elsbernd, Daly

23. 051273 [Airport Environmental Review]

Resolution certifying the Determination of the Office of Environmental Review that no further environmental review document is necessary for the West Field Cargo Redevelopment Project at San Francisco International Airport. (Airport Commission)

Question: Shall this Resolution be ADOPTED?

24. 051149 [Webpage maintenance by individual members of the Board of Supervisors] Supervisor Daly

Motion amending the Rules of Order of the Board of Supervisors by amending Rule 6.22 to expressly permit individual members of the Board of Supervisors to maintain and update Webpages hosted on the Website of the Board of Supervisors.

Question: Shall this Motion be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, Sandoval, McGoldrick

25. 051637 [Subdivision Code - Planning Commission hearings on condominium conversions] Supervisor Daly

Ordinance amending Subdivision Code Section 1332 to require Planning Commission hearings to address General Plan consistency for all condominium conversion applications subject to Subdivision Code Sections 1396 et seq., the condominium conversion lottery; and making environmental findings.

Question: Shall this Ordinance be PASSED ON FIRST READING?

26. 051822 [Residential Housing Purchaser Protection Ordinance] Supervisor Daly

Ordinance amending Administrative Code Section 37.10A to require property owners and their agents to disclose to prospective buyers of residential property consisting of two or more units, the legal ground(s) for the termination of a tenancy and whether any units were occupied by elderly and or disabled tenants at the time of termination of tenancy.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules Committee

Present: Supervisors Alioto-Pier, Mirkarimi, Peskin

27. 051439 [Campaign Finance Reform Amendments of 2005] Supervisor Mirkarimi

Ordinance amending the Campaign and Governmental Conduct Code by adding a new Section 1.103, amending Sections 1.100, 1.104, 1.112, 1.114, 1.120, 1.128, 1.130, 1.134, 1.144, 1.152, 1.168, and 1.170, repealing Section 1.118, and repealing Chapter 3 of Article 1, Sections 1.300, 1.305, 1.310, 1.312, 1.315 and 1.320 to: (1) make technical changes including the correction of grammatical or reference errors and the reordering of Sections; (2) conform the Campaign Finance Reform Ordinance to the adoption of Ranked Choice Voting; (3) move the Electronic Filing Ordinance from Chapter 3 of Article 1 of the Campaign and Governmental Conduct Code to the Campaign Finance Reform Ordinance; and (4) expressly set forth a statute of limitations for criminal, civil, administrative and collection actions brought under the Campaign Finance Reform Ordinance. (Ethics Commission)

Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 051652 [Office of Labor Standards Enforcement] Supervisor Ammiano

Ordinance adding Section 2A.23 to Chapter 2 of the San Francisco Administrative Code to establish the Office of Labor Standards Enforcement within the Department of Administrative Services to enforce the Minimum Wage Ordinance, Minimum Compensation Ordinance, Health Care Accountability Ordinance, Prevailing Wage Ordinances and carry out additional duties as established by Charter or ordinance; and amending Section 6.24 of the Administrative Code to delete language duplicative of Section 2A.23.

Question: Shall this Ordinance be PASSED ON FIRST READING?

29. 051845 [Confirmation: City Hall Preservation Advisory Commission] Mayor

Resolution confirming the appointment of James W. Haas, G. Bland Platt and Anne Cervantes for a two year term to the City Hall Preservation Advisory Commission.

Question: Shall this Resolution be ADOPTED?

30. 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.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Alioto-Pier, Peskin

31. 051871 [Settlement of Lawsuit - Kristen Odlaug v. City and County of San Francisco and Robert Palu]

Ordinance authorizing settlement of the lawsuit filed by plaintiff Kristen Odlaug against the City and County of San Francisco for payment of $400,000, including all damages, attorneys' fees and costs; the lawsuit was filed on April 13, 2004, in San Francisco Superior Court, Case No. 430-509, entitled Kristen Odlaug v. City and County of San Francisco and Robert Palu.

Question: Shall this Ordinance be PASSED ON FIRST READING?

32. 051952 [Board of Supervisors - Meeting Schedule]

Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the February 21, 2006, May 30, 2006, October 10, 2006, November 28, 2006, December 19, 2006, December 26, 2006 and January 2, 2007 meetings and by canceling all Board and Committee meetings from August 16 through September 5, 2006 and re-instating the regularly scheduled Board of Supervisors meeting on January 17, 2006. (Clerk of the Board)

Question: Shall this Resolution be ADOPTED?

33. 051951 [Rules of Order - Select Committee on Ending Gun and Gang Violence Consists of Five Members] Supervisor Maxwell

Motion amending the Board of Supervisors Rules of Order by adding Rule 5.8 to provide that the Select Committee on Ending Gun and Gang Violence shall be comprised of five members of the Board of Supervisors.

Question: Shall this Motion be ADOPTED?

Recommendations of the City Operations and Neighborhood Services Committee

Present: Supervisors McGoldrick, Dufty, Ma

34. 051903 [Paratransit Reimbursement - Taxi Meter Rates] Supervisor Alioto-Pier

Ordinance amending Article 16, Section 1137.5 of the San Francisco Police Code to extend the taxi meter rate offset for the paratrasit program to December 31, 2006.

Question: Shall this Ordinance be PASSED ON FIRST READING?

35. 051458 [Public Works Code - landmark trees, significant trees, and penalties for violations] Supervisor McGoldrick

Ordinance amending the Public Works Code by amending Section 801 to add to the purposes; by amending Section 802 to modify various definitions; amending Sections 802, 806, and 809 to redefine nuisance trees as hazard trees; amending Sections 802 and 803 authorizing the Urban Forestry Council to succeed to the powers and duties of the Tree Advisory Board and to assume new duties; amending Section 806 to allow for appeals of decisions concerning removal of street trees that are the responsibility of City departments and to extend the notice period to 30 days for removal of street trees that are the responsibility of private property owners; amending Sections 806 and 807 to require imposition of in lieu fees under specified circumstances; adding Section 810A to define significant trees and establish a regulatory program governing their removal; amending Sections 804, 807, and 808 to make conforming changes regarding significant trees; amending Sections 804, 807, 808, and 810 concerning landmark trees and procedures to designate, nominate, and remove landmark trees; amending Section 811 to create civil penalties and fines and to modify provisions on administrative penalties; requiring the Office of the Legislative Analyst to prepare a report concerning financial incentives related to landmark trees; and making environmental findings.

Supervisor Ma dissented in committee.

9/27/2005, CONTINUED. Continued to October 11, 2005

10/11/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

10/11/2005, CONTINUED. Continued as amended to October 18, 2005

10/18/2005, CONTINUED. Continued to November 1, 2005

11/1/2005, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

11/1/2005, RE-REFERRED to City Operations and Neighborhood Services Committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

36. 051720 [Limousines operating as unlicensed taxicabs; inspection of limousine waybills; criminal and administrative penalties] Supervisor Elsbernd

Ordinance amending the San Francisco Police Code by: (1) repealing current Section 1165, dealing with local licensing of limousines; (2) amending Section 1078, to re-state the prohibition on limousines acting as unlicensed taxicabs within San Francisco; (3) adding a new Section 1165, pursuant to California Public Utilities Code Section 5371.4(i), to authorize police officers and the Taxi Commission Executive Director to inspect limousine waybills and make violation an infraction; (4) amending Section 1185, to correct certain misdemeanor penalties and increase infraction penalties for violation of Sections 1078 and 1165; and (5) adding Section 1187.1, to authorize imposition of administrative penalties against persons operating a motor vehicle as a taxicab without a permit.

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 4:00 P.M.

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

37. 051751 [Public Hearing - Appeal of Tentative Parcel Map for 901 Bush Street]

Hearing of persons interested in or objecting to the decision of the Department of Public Works dated October 6, 2005 (Condominium Application No. 2005.0333Q), disapproving a proposed Tentative Parcel Map to legalize the construction of a 38-unit new condominium at 901 Bush Street, Southwest corner at Taylor Street, San Francisco, Lot 001 in Assessor's Block 0282. (Appellant: Matthew A. Brennan, Esq., on behalf of property owners (M-J SF Investments, LLC).

(Filed 10/13/04; companion measure to Files 051752, 051753, 051754; District 3.)

11/1/2005, CONTINUED.

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Tentative Parcel Map 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.)

38. 051752 [Approving decision of the Director of Public Works and disapproving Tentative Parcel Map for 901 Bush Street]

Motion approving decision of the Director of Public Works, and disapproving Tentative Parcel Map to legalize the proposed construction of a 38-unit condominium located at 901 Bush Street, Lot 001 in Assessor's Block 0282. (Clerk of the Board)

11/1/2005, CONTINUED. Continued to January 10, 2006

Question: Shall this Motion be ADOPTED?

39. 051753 [Disapproving decision of the Director of Public Works and approving Tentative Parcel Map for 901 Bush Street]

Motion disapproving decision of the Director of Public Works, and approving Tentative Parcel Map to legalize the proposed construction of a 38-unit new condominium located at 901 Bush Street, Lot 001 in Assessor's Block 0282. (Clerk of the Board)

11/1/2005, CONTINUED. Continued to January 10, 2006

Question: Shall this Motion be ADOPTED?

40. 051754 [Findings - 901 Bush Street]

Motion directing the Clerk of the Board to prepare findings relating to Tentative Parcel Map to legalize the proposed construction of a 38-unit condominium located at 901 Bush Street, Lot 001 in Assessor's Block 0282. (Clerk of the Board)

11/1/2005, CONTINUED. Continued to January 10, 2006

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:00 P.M.

41. 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, façade 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 façade.

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.)

11/8/2005, CONTINUED. Continued to Janaury 10, 2006

Action:___________________________

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.)

42. 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)

11/8/2005, CONTINUED. Continued to January 10, 2006

Question: Shall this Motion be ADOPTED?

43. 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)

11/8/2005, CONTINUED. Continued to January 10, 2006

Question: Shall this Motion be ADOPTED?

44. 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)

11/8/2005, CONTINUED. Continued to January 10, 2006

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:30 P.M.

45. 051996 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for Proposed Ordinance Regulating Off Street Parking in C-3 Zoning Districts]

Hearing of persons interested in or objecting to the decision of the Planning Department dated September 23, 2005, Case No. 2005.0796E, exempting from environmental review a Board of Supervisors proposed ordinance (Board File No. 051453) amending San Francisco Planning Code Sections 151, 151.1, 154, 155, 155.5, 166, and 167. The proposed legislation would amend Section 151 to set no minimum number of off-street parking spaces per dwelling unit and to provide that a maximum of one parking space per two dwelling units may be permitted by conditional use permit in C-3 zoning districts. Section 151.1, to require that, in C-3 zoning districts, the Planning Commission review any request for accessory parking in excess of what is permitted by right. Section 154, to provide that there are no minimum area or dimension requirements for off-street parking spaces in C-3 zoning districts, except for the off-street parking spaces designated for persons with disabilities. Section 155, to require below grade off-street parking in C-3 zoning district, set forth the width of openings in any single development for access to off-street parking, and prohibit sidewalk narrowings for porte cocheres to accommodate passenger loading and unloading. Section 155.5, to require a minimum number of bicycle parking spaces in dwelling units in C-3 zoning districts. Section 166, to require that, in C-3 zoning districts, newly constructed buildings that contain residential uses have a minimum number of off-street car-share parking spaces. Section 167, to provide that in C-3 zoning districts, the costs of off-street parking spaces accessory to residential uses in new structures of 10 dwelling units or more must be leased or sold separately from the rent or purchase fees for the dwelling units, subject to an exception by the Planning Commission for affordable housing projects where parking and housing costs must be bundled together. (Appellants: Wade Randlett on behalf of SFSOS, J. Timothy Falvey on behalf of Union Square Association and Katherine Mattes on behalf of BOMA-SF.)

Action:___________________________

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.)

46. 051997 [Affirming the CEQA exemption determination issued for proposed ordinance regulating off-street parking in C-3 zoning districts]

Motion affirming the determination by the Planning Department that a proposed ordinance regulating off-street parking in C-3 zoning districts is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

47. 051998 [Disapproving the CEQA exemption determination issued for a proposed ordinance regulating off-street parking in C-3 zoning districts]

Motion disapproving the determination by the Planning Department that a proposed ordinance regulating off-street parking in C-3 zoning districts is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

48. 051999 [Preparation of findings related to the CEQA exemption determination issued for a proposed ordinance regulating off-street parking in C-3 zoning districts]

Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that a proposed ordinance regulating off-street parking in C-3 zoning districts is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 5:00 P.M.

49. 051991 [Public Hearing - Conditional Use Appeal for 2660 Harrison Street]

Hearing of persons interested in or objecting to the Planning Commission by its Motion No. 17139 dated November 3, 2005, approving Conditional Use Application No. 2004.0672ECV, subject to certain conditions, to allow the construction of dwelling units within a C-M (Heavy Commercial) zoning district pursuant to Planning Code Section 215(a) in order to demolish an existing vacant commercial building and construct two new four story over garage buildings containing a total of sixty-eight dwelling units and sixty-eight off-street parking spaces on a property within a C-M (Heavy Commercial) zoning district, the 'Housing/Mixed Use' sub-area of the Eastern Neighborhoods planning area as set forth in Planning Commission Resolution Number 16727, and a 40-X Height and Bulk District, located at 2660 Harrison Street, on the west side between 22nd and 23rd Streets. (Appellant: Sue Hestor, attorney for Nick Pagoulatos/Mission Anti-Displacement; subscribed by Supervisors Tom Ammiano, Chris Daly, Aaron Peskin, Sophie Maxwell and Jake McGoldrick.)

(Filed 12/5/05; companion measure to Files 051992, 051993, 051994; District 9.)

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the conditional use application decision 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.)

50. 051992 [Approving Planning Commission decision related to Conditional Use Appeal for 2660 Harrison Street]

Motion approving decision of the Planning Commission by its Motion No. 17139, approving Conditional Use Application No. 2004.0672ECV on a property located at 2660 Harrison Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

51. 051993 [Disapproving Planning Commission decision related to Conditional Use Appeal for 2660 Harrison Street]

Motion disapproving decision of the Planning Commission by its Motion No. 17139, approving Conditional Use Application No. 2004.0672ECV on a property located at 2660 Harrison Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

52. 051994 [Preparation of findings related to the Conditional Use Appeal for 2660 Harrison Street]

Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2004.0672ECV on a property located at 2660 Harrison Street, for action by the Board at its next meeting. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

Reports from committees, if any, recommending emergency or urgent measures.

The following items will be considered by the Government Audit and Oversight Committee at a Regular Meeting on Monday, January 9, 2006 at 1:00 p.m. The Chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, January 10, 2006.

53. 052006 [Appropriation of Assessments Levied for Business Improvement Districts] Supervisor Peskin

Ordinance amending the Fiscal Year 2005-2006 Annual Appropriation Ordinance to appropriate revenues collected from special assessments for disbursement to the respective nonprofit Owners' Associations for administration of the property-based business improvement districts in San Francisco for authorized purposes.

Question: Shall this Ordinance be PASSED ON FIRST READING?

54. 052018 [Contract with Owners' Association for administration of North of Market/Tenderloin Community Benefit District] Supervisor Daly

Resolution approving an agreement with the nonprofit Owners' Association for administration of the property-based business improvement district known as the "North of Market/Tenderloin Community Benefit District" pursuant to Section 36651 of the Streets and Highways Code.

Question: Shall this Resolution be ADOPTED?

55. 051967 [Contract with Owners' Association for administration of Noe Valley Community Benefit District] Supervisor Dufty

Resolution approving an agreement with the nonprofit Owners' Association for administration of the property-based business improvement district known as the "Noe Valley Community Benefit District" pursuant to Section 36651 of the Streets and Highways Code.

Question: Shall this Resolution be ADOPTED?

56. 051968 [Contract with Owners' Association for administration of Castro/Upper Market Community Benefit District] Supervisor Dufty

Resolution approving an agreement with the nonprofit Owners' Association for administration of the property-based business improvement district known as the "Castro/Upper Market Community Benefit District" pursuant to Section 36651 of the Streets and Highways Code.

Question: Shall this Resolution be ADOPTED?

57. 052026 [Contract with Owners' Association for administration of Fisherman's Wharf Community Benefit District] Supervisor Peskin

Resolution approving an agreement with the nonprofit Owners' Association for administration of the property-based business improvement district known as the "Fisherman's Wharf Community Benefit District" pursuant to Section 36651 of the Streets and Highways Code.

Question: Shall this Resolution be ADOPTED?

58. 052030 [Contract with Owners' Association for administration of 2500 Block of Mission Street Business Improvement District] Supervisor Ammiano

Resolution approving an agreement with the nonprofit Owners' Association for administration of the property-based business improvement district known as the "2500 Block of Mission Street Business Improvement District" pursuant to Section 36651 of the Streets and Highways Code.

Question: Shall this Resolution be ADOPTED?

59. ROLL CALL FOR INTRODUCTIONS

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

60. PUBLIC COMMENT

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

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 61 through 65

61. 052014 [Declaration of Election Results] Supervisor Peskin

Resolution declaring the results of the November 8, 2005 Consolidated Special Statewide Election.

12/13/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

62. 052031 [Supporting Assembly Bill 944 (Ridley Thomas)] Supervisors Ammiano, Maxwell, McGoldrick, Daly

Resolution urging the Governor of California and the California Senate and Assembly to support the passage of Assembly Bill 944 (Ridley Thomas) which will require a warning label be conspicuously posted wherever firearms are sold and that the warning be included in firearms sales contracts and further that the warning be included in the Handgun Safety Certificate Study Guide published by the California Department of Justice.

12/13/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

63. 052032 [Commending George Gulbengay upon his retirement from the San Francisco Police Department] Supervisor Dufty

Resolution commending George Gulbengay upon his retirement from the San Francisco Police Department.

12/13/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

64. 052033 [Urging the renaming of Western Addition Branch Library] Supervisor Mirkarimi

Resolution urging the Library Commission to rename the Western Addition Branch Library as the Mary Helen Rogers Branch Library.

12/13/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

65. 052034 [Final Map for a 33 Unit Commercial/Residential Condominium Project - 1728-1748 Haight Street]

Motion approving Final Map of 1728-1748 Haight Street, a Commercial / Residential Condominium Project, being a subdivision of Lot 035 in Assessor's Block No. 1229, and adopting findings pursuant to Planning Code Section 101.1.

(DPW Order No. 175774; District 5.)

12/15/2005, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

66. IMPERATIVE AGENDA

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

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

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

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

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from December 6, 2005 through December 30, 2005, for reference by President to appropriate committee on January 10, 2006.

052043 [Settlement of Lawsuit -Frank Euphrate, et al.]

Ordinance authorizing settlement of the lawsuit filed by Frank Euphrate against the City and County of San Francisco for $925,000; the lawsuit was filed on September 10, 2003 in San Francisco Superior Court, Case No. 424-288; entitled Frank Euphrate, et al., v. City and County of San Francisco, et al. (City Attorney)

12/19/2005, RECEIVED AND ASSIGNED to Rules Committee.

052044 [Settlement of Lawsuit - Mary Williams]

Ordinance authorizing settlement of the matter of Mary Williams v. City and County of San Francisco for $225,000. The lawsuit was filed on November 5, 2004 in San Francisco Superior Court, Case No. 436-121; entitled Mary Williams v. City and County of San Francisco, et al. (City Attorney)

12/19/2005, RECEIVED AND ASSIGNED to Rules Committee.

052052 [Permitting unattended vehicles in white zones in front of schools when the vehicle displays a special disabled license plate or placard, and in front of child care centers]

Ordinance amending Traffic Code Section 38.C to permit vehicles to be left unattended in a white zone in front of schools when the vehicle displays a special disabled license plate or placard, and in front of child care centers. (Parking and Traffic Department)

12/29/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from December 6, 2005 through December 30, 2005, for reference by President to appropriate committee on January 10, 2006.

052039 [Fuel Contract 70881 - Office of Contract Administration]

Resolution authorizing the Purchaser to award contract for Fuel, Diesel, Bio-Diesel and Gasoline as the contract will exceed $10,000,000.00. (Purchaser)

12/9/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

052042 [STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.
STOP SIGNS - ESTABLISH
Mangels at Colon Avenues, making this intersection an All-Way STOP. (Parking and Traffic Department)

(12/13/05: 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; DPT Order No. 3111.)

12/14/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052045 [Proposition J Certification, Status Offender Shelter and Intake Services]

Resolution concurring with the Controller's certification that Intake and Shelter Services to Status Offenders can be practically performed by a private contractor for a lower cost than similar services performed by city and county employees. (Juvenile Probation Department)

12/20/2005, RECEIVED AND ASSIGNED to Budget and Finance Committee.

052047 [Quitclaim of Water Pipeline Easement]

Resolution approving the quitclaim of a water pipeline easement located at 1410 El Camino Real, South San Francisco, San Mateo County to the owner of the underlying fee interest in the property for a purchase price of $30,000; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale by quitclaim 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 and take certain actions in furtherance of this resolution. (Real Estate Department)

12/30/2005, RECEIVED AND ASSIGNED to Land Use Committee.

052048 [Contract funds to participate in the traineeship for AIDS prevention studies at the University of California at San Francisco Center on AIDS Prevention]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement with the University of California San Francisco, Center on AIDS Prevention Studies (UCSFCAPS) the primary contractor, and expend funds in the amount of $43,407 in order to participate in the traineeship for AIDS prevention studies (TAPS) at UCSFCAPS for the period of September 1, 2005, through August 31, 2006. (Public Health Department)

12/30/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052049 [Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

NO PARKING, 6 AM TO 9 AM, MONDAY THROUGH FRIDAY, EXCEPT VANPOOLS - RESCIND
Folsom Street, both sides, between First and Spear Streets

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Hayes Street, south side, from the northbound Octavia Boulevard Frontage Road to 14.5 feet westerly. (Parking and Traffic Department)

(12/23/05: 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; DPT Order No. 3113.)

12/29/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052050 [STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Lakewood Way at Fairfield Way, stopping the northbound direction of Lakewood Way;
Amazon Avenue at Madrid Street, making this intersection an All-Way STOP;
Francisco Street and Laguna Street, stopping Francisco Street at Laguna Street, the stem of this T-intersection; and,
York Street at Peralta Avenue, stopping the stem of this T-intersection. (Parking and Traffic Department)

(12/23/05: 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; DPT Order No. 3113.)

12/29/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052051 [Traffic Regulations]

Resolution enacting and rescinding traffic regulations on various streets.

NO RIGHT TURN EXCEPT MUNI - ESTABLISH
Market Street, southbound, at Clayton Street.

NO LEFT TURN, 7AM TO 9AM AND 4PM TO 7PM, MONDAY THROUGH FRIDAY - ESTABLISH
Potrero Avenue, northbound, at 22nd Street. (Parking and Traffic Department)

(12/22/05: 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; DPT Order No. 3113.)

12/29/2005, RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060001 [Petitions and Communications, Part 1]

Petitions and Communications received from December 6, 2005 through December 30, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on January 10, 2006. Part 1.

From Department of Parking and Traffic, submitting notice that the roadway striping, including crosswalks and turn arrows at the intersection of Kezar Drive at Lincoln Way and Arguello Street at Lincoln Way have been painted. (Reference No. 20050920-007 & 20050920-005) Copy: Supervisor Mirkarimi(1)

From Department of Parking and Traffic, regarding the feasibility of establishing separate timing for pedestrian crossings on Masonic Avenue at Oak and at Fell Streets. (Reference No. 20051018-015) Copy: Supervisor Mirkarimi(2)

From Municipal Transportation Agency, regarding traffic calming measures on Laguna Street between Bush and Pine Streets. (Reference No. 20050524-004) Copy: Supervisor Mirkarimi(3)

From Municipal Transportation Agency, regarding traffic calming measures on 12th Avenue between Lincoln Way and Irving Street. (Reference No. 20051018-012) Copy: Supervisor Mirkarimi(4)

From Department of Parking and Traffic, regarding the feasibility of converting Kensington Way into a one-way street. (Reference No. 20051018-010) Copy: Supervisor Elsbernd(5)

From Department of Parking and Traffic, responding to request to install additional stop signs at the intersection on Allston Way and Claremont Boulevard. (Reference No. 20050906-011) Copy: Supervisor Elsbernd(6)

From Municipal Transportation Agency, regarding traffic calming measures near 16th Avenue and Lawton Street. (Reference No. 20051018-001) Copy: Supervisor Elsbernd(7)

From Public Library, submitting copy of letter sent to Supervisor Sandoval regarding proposed legislation urging the Bernal Preschool to return to the Bernal Branch Library upon completion of the Branch Library Renovation. File 051928(8)

From Clerk of the Board, submitting Form 700 Statement of Economic Interests for Tina Tom, legislative assistant to Supervisor Sandoval.(9)

From Office of the City Attorney, submitting notice that appeal filed by SFSOS opposing decision from Planning Department for exemption from environmental review for regulating street parking in C-3 Zoning Districts was filed in a timely manner. File 051453, Copy: Each Supervisor(10)

From Planning Department, submitting notice that the Planning Department has rescinded the Categorical Exemption for the proposed project at 1135-1139 Green Street. File 051858, Copy: Each Supervisor(11)

From Recreation and Park Department, regarding the tree inspection system/process the Recreation and Parks Department currently has in place.Copy: Supervisors Alioto-Pier, Mirkarimi(12)

From Office of the Controller, submitting an annual report of the financial condition of the City and County for fiscal year 2004-05. Copy: Each Supervisor(13)

From Sue Hestor, submitting request for continuance of public hearing for 2660 Harrison Street to January 24, 2006. File 051936, Copy: Each Supervisor, City Attorney(14)

From Public Library, submitting copy of letter sent to Supervisor Peskin regarding proposed legislation urging the Bernal Preschool to return to the Bernal Branch Library upon completion of the Branch Library Renovation. File 051928(15)

From Supervisor McGoldrick, submitting the policy goals/objectives for the Better Neighborhoods Plus update. File 050601, Copy: Each Supervisor, City Attorney(16)

From Municipal Transportation Agency, regarding traffic concerns on Yerba Buena Avenue at Casitas and Hazelwood Avenues. (Reference No. 20051011-008) Copy: Supervisor Elsbernd(17)

From West of Twin Peaks Central Council, submitting opposition to proposed legislation regarding the Better Neighborhood Planning and Implementation Process. File 050601, Copy: Each Supervisor(18)

From West of Twin Peaks Central Council, submitting copy of letter sent to the Mayor supporting the Police Chief's proposed five 50-officer Police Academy classes per year for the next three years to bring the force up to the staffing level required to protect the citizens of San Francisco. Copy: Each Supervisor(19)

From West of Twin Peaks Central Council, submitting opposition to the Planning Departments decision, approving Conditional Use Application on property located at 80 West Portal Avenue. File 051784, Copy: Each Supervisor(20)

From Office of the Treasurer/Tax Collector, submitting the Cash difference and Overage Fund balance and activities reported to the office for the period ending November 30, 2005.(21)

From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under the Treasurer's management.(22)

From Russian Hill Neighbors, urging the Board not to adopt the current version of the Better Neighborhoods Planning and Implementation Process. File 050601, Copy: Each Supervisor(23)

From Taxi Commission, submitting resolution supporting alternative-fuelled and low-emission vehicles as taxicabs.(24)

From Redevelopment Agency, responding to Resolution 562-05 relating to land use matters in the Western Addition. File 051299(25)

From concerned citizens, submitting several suggestions to the Board regarding the Better Neighborhoods Planning and Implementation Process. File 050601, Copy: Each Supervisor(26)

From Department of Elections, submitting a certified copy of the Certification of Election Results dated December 5, 2005, for the November 8, 2005 election; letter of certification of the Charter Amendment (Proposition E); and a certified copy of the Voter Information Pamphlet mailed to all voters. (27)

From Planning Department, responding to the appeal of Mitigated Negative Declaration for 2660 Harrison Street. File 051936, Copy: Each Supervisor, City Attorney(28)

From Department of the Environment, submitting report regarding the Integrated Pest Management Program. Copy: Each Supervisor(29)

From concerned citizens, submitting support for enforcement of the leash law in the Golden Gate National Recreation Area.(30)

From concerned citizens, submitting support for the appointment of retired Rear Admiral John Bitoff to the Police Commission.(31)

From concerned citizens, submitting support for landmark status of St. Brigid Church. File 051772(32)

From concerned citizens, commenting on the publicity of the Police Department's videotape mocking various segments of the population in San Francisco. Copy: Each Supervisor(33)

From concerned citizens, submitting opposition to proposed legislation requiring all condominium conversions of tenancies-in-common to go through the Planning Commission. File 051637, Copy: Each Supervisor(34)

From concerned citizens, submitting opposition to proposed legislation that imposes new requirements in C-3 Zoning Districts for off-street parking.File 051453, Copy: Supervisors Maxwell, Sandoval, McGoldrick(35)

From concerned citizens, regarding home ownership in San Francisco.(36)

From Coalition for San Francisco Neighborhoods, urging the Board to continue proposed legislation regarding the "Better Neighborhoods Planning and Implementation Process" because of an alleged Sunshine Ordinance violation. File 050601, Copy: Each Supervisor, City Attorney(37)

From Office of the City Attorney, submitting notice that appeal of exemption from environmental review for 1043-1045 Francisco Street was filed in a timely manner. File 052035(38)

From Redevelopment Agency, regarding the proposed ordinance adopting the Mid-Market Redevelopment Plan and the Mid-Market Special Use District.(39)

From S.F. Labor Council, AFL-CIO, submitting copy of letter sent to Mayor Newsom supporting his rapid and firm response to the recent video that has surfaced from the Police Department.(40)

From Department of Parking and Traffic, regarding the feasibility of installing a stop sign or some other traffic calming measure at the intersection of Vale Avenue and Sloat Boulevard. (Reference No. 20051206-003) Copy: Supervisor Elsbernd(41)

From Office of the City Attorney, submitting notice that appeal filed by BOMA-SF and the Union Square Association opposing decision of the Planning Department for exemption from environmental review for regulating street parking in C-3 Zoning Districts was filed in a timely manner. File 051453, Copy: Each Supervisor(42)

From SF Association of Realtors, submitting opposition to proposed legislation regarding the Purchaser Protection Ordinance; the proposed amendment to the Subdivision Code requiring Planning Commission review of condominium conversion applications. Files 051822, 051637, Copy: Each Supervisor(43)

From BOMA-SF and the Union Square Association, filing notice of appeal from action of Planning Commission approving exemption from environmental review for regulating street parking in C-3 Zoning Districts. File 051453, Copy: Each Supervisor(44)

From State Department of Health Services, regarding the Medical Marijuana Identification Card Program.(45)

From Department of Parking and Traffic, responding to request for stop signs at the intersection of San Anselmo and San Buenaventura. (Reference No. 20051206-001) Copy: Supervisor Elsbernd(46)

From Office of the Controller, submitting report on the rates of fare and gate fees in the Taxicab Industry in San Francisco. Copy: Each Supervisor(47)

From Law Offices of Stephen Williams, regarding request for continuance of public hearing for appeal of categorical exemption for 730 Great Highway to January 10, 2006. File 051852, Copy: Each Supervisor, City Attorney(48)

From Office of the Controller, submitting report concerning the Mission Housing Development Corporation.(49)

From Golden Gate Bridge, Highway and Transportation District, submitting annual report for the Golden Gate Bridge, Highway and Transportation District, fiscal year 2004-05.(50)

From Office of the Controller, submitting report concerning the Treasure Island Development Authority. Copy: Each Supervisor(51)

From Congresswoman Doris Matsui, submitting copy of letter sent to the U.S. House of Representatives.(52)

From Office of the Mayor, submitting notice that in fiscal year 2005-06 the City will undergo reorganization that will improve operational efficiency.Copy: Each Supervisor(53)

From Public Library, submitting status report on the Park Branch Library elevator. (Reference No. 20051115-003) Copy: Supervisor Mirkarimi(54)

From Office of the Controller, submitting a review of CPA audit of Enterprise Rent-A-Car Company for period of January 2001 through December 2001.(55)

From Office of the Controller, submitting a review of CPA audit of Enterprise Rent-A-Car Company for period of January 2003 through December 2004.(56)

From Julia Weber, concerning the preschool currently located in the Bernal Heights library building and the planned changes.(57)

From Raphael Mazor, concerning the future of Treasure Island Development. Copy: Each Supervisor(58)

From Christian Holmer, regarding Sunshine Ordinance request from the PUC.(59)

060002 [Petitions and Communications, Part 2.]

Petitions and Communications received from December 6, 2005 through December 30, 2005, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on January 10, 2006. Part 2.

From Florence Fung, submitting request to eliminate the driveway and crosswalk at 930 Ulloa Street from parking restrictions.(60)

From California Public Utilities Commission, submitting notice of application filed by PG&E requesting a total annual revenue increase in 2007 of 6.3 percent.(61)

From Eugene Kelly, regarding second notice received from LDC Collection Systems regarding a parking ticket that has been paid.(62)

From concerned citizens, concerning Supervisor Daly alleging accusing Pat Murphy, the founder of the San Francisco Sentinel, of running an online political action committee.(63)

From concerned citizens, expressing their appreciation for the police investigative work by officers of the Taraval Police Station who apprehended the suspects who burglarized 150 homes in the Sunset district.(64)

From Michael Morris, suggesting the Department of Parking and Traffic increase the parking fines for outsiders and not penalize local residents for residential parking. Copy: Each Supervisor(65)

From James Chaffee, regarding budget for the renovation of the Noe Valley Branch Library.(66)

From Bruce Brugmann, regarding article printed in the December 6, 2005 Bay Guardian entitled "just how far downtown heavies will go to punish a Supervisor for voting against a chain store for protecting small business in the neighborhoods.(67)

From Jeremy Williams, regarding the current list of H-2 firefighter candidates that will end December 20, 2005. Copy: Each Supervisor(68)

From concerned citizens, submitting support to continue full funding for the Neighborhood Emergency Response Team (N.E.R.T.) program provided by the Fire Department.(69)

From Citizen's General Obligation Bond Oversight Committee, submitting the 2005 annual report for the Citizen's General Obligation Bond Oversight Committee. Copy: Rules Clerk(70)

From Office of the Controller, submitting report concerning the audit of United Airlines.(71)

From Leeandra Harris, regarding the Western Addition Economic Advancement Community Corporation.(72)

From George Smith, submitting copy of letter sent to the Mayor's Office of Economic and Workforce Development regarding City Build.(73)

From concerned citizens, submitting support for berthing the USS Iowa in San Francisco. Copy: Each Supervisor(74)

From Airport, submitting request for waiver of Administrative Code Chapters 12B and 12C for Dominic's Poplar Creek.(75)

From Office of the Legislative Analyst, submitting report on the current restorative justice practices within the City and County of San Francisco and identifying the best practices from other municipalities.File 050455(76)

From Clerk of the Board, submitting notice that the Clerk of the Board has not received any Watch Law (Patriot Act) requests during 2005. Copy: Each Supervisor(77)

From Planning Department, regarding incentives for Mixed-Use "Housing Over Retail" development. (Reference No. 20051025-005) Copy: Supervisor Dufty(78)

From Courtney Papke, commenting on the recent raid of the HopNet co-op medical marijuana dispensary by the DEA. Copy: Each Supervisor(79)

From concerned citizens, urging the Board of Supervisors to find a way to keep Coffman swimming pool clean, safe and open for the community it serves. Copy: Recreation and Park Department(80)

From concerned citizens, commenting on the recent passage of Prop H, the ban on handguns in San Francisco.(81)

From Lisa Block, submitting support for proposed legislation regarding landmark trees, significant trees and penalties for violations. File 051458, Copy: Each Supervisor(82)

From Jeff Staben, urging the Board of Supervisors to support saving the San Francisco Soccer League that has serviced the City for 103 years. Copy: Supervisor McGoldrick(83)

From Rob Worley, submitting support for banning "full service" restaurants in the Inner Sunset District.(84)

From Ross Stevenson, concerning the deterioration of the area around 15th Street between Market and Noe Streets with the increase in criminals, junkies and homeless people. Copy: Supervisor Dufty(85)

From Marlene Eckhardt, concerning the deterioration of the area near the Park Presidio Boulevard trail and surrounding area in the Richmond District. Copy: Supervisor McGoldrick(86)

From William Coburn, commenting that Medical and Medicare do not cover the cost of smoking cessation aids. Copy: Each Supervisor(87)

From Deborah Gallegos, urging the Board to enact a Community Choice Energy plan that will bring San Francisco 360 megawatts of renewable energy generation in the next three years. Copy: Each Supervisor(88)

From Public Utilities Commission, reporting storm drains along Webster Street at the intersections of Turk Street, Golden Gate Avenue, McAllister and Fulton Streets have been cleaned. (Reference No. 20051206-005) Copy: Supervisor Mirkarimi(89)

From Jamison Wieser, regarding the lack of Muni service in the South Beach/Mission Bay area. Copy: Each Supervisor(90)

From Alberto Guerrero, commenting that "Green Cross" medical marijuana dispensary is providing an important service to the neighborhood.(91)

From Mary McLaughlin, suggesting we should use absentee ballots to all registered voters and stop spending so much money testing new voting machines.(92)

From State Senate Rules Committee, submitting appointment of the following members to the Water Quality Control Board, North Coastal Region: Hedi Carpenter-Harris of Salyer, representing recreation, fish or wildlife, term ending September 30, 2006; Dennis Leonardi of Ferndale, representing industrial water user, term ending September 18, 2006; and Clifford Marshall of Orleans, representing municipal government or city council, term ending September 30, 2008.(93)

From Municipal Transportation Agency, regarding the feasibility of installing a separate turn light for N-Judah cars at the intersection of 9th Avenue and Irving Streets. (Reference No. 20051115-002) Copy: Supervisor Mirkarimi(94)

From Department of Parking and Traffic, concerning the installation of a left-turn signal on Bosworth at Congo Streets. (Reference No. 20050816-009) Copy: Supervisor Elsbernd(95)

From Department of Public Works, regarding reconstruction of the 1900 block of Laguna Street, between Pine and California Streets. (Reference No. 20051108-003) Copy: Supervisor Mirkarimi(96)

From Department of Public Works, responding to request to repair potholes at 839 and 855 Golden Gate Avenue and 536 Steiner Street. (Reference No. 20051206-004) Copy: Supervisor Mirkarimi(97)

From Department of Public Works, responding to request to remove graffiti from various locations. (Reference No. 20051101-006) Copy: Supervisor Mirkarimi(98)

From Fire Department, regarding plans to coordinate emergency aid from other jurisdictions in the event of a major disaster. (Reference No. 20050927-007) Copy: Supervisor Sandoval(99)

From Department of Public Works, responding to request to remove graffiti from the Department of Motor Vehicles building and sign at the intersection of Fell and Baker Streets. (Reference No. 20051122-004) Copy: Supervisor Mirkarimi(100)

From Department of Public Works, responding to request to remove graffiti from various locations. (Reference No. 20051122-001) Copy: Supervisor Mirkarimi(101)

From Department of Public Works, responding to request for sidewalk repair at 200 Fillmore Street. (Reference No. 20051115-005) Copy: Supervisor Mirkarimi(102)

From City College, regarding construction of the New Mission Campus site. (Reference No. 20051018-017) Copy: Supervisor Ammiano(103)

From S.F. Association of Realtors, submitting opposition to proposed legislation entitled "Residential Housing Purchase Protection" before the Board of Supervisors on January 10, 2006. File 051822, Copy: Each Supervisor(104)

From S.F. Association of Realtors, submitting opposition to proposed legislation that requires Planning Commission hearings to address General Plan consistency for all condominium conversion applications subject to the condominium conversion lottery. File 051637, Copy: Each Supervisor(105)

From Nicholas Feldman, regarding limousines operating as unlicensed taxicabs. File 051720, Copy: Each Supervisor(106)

From State Public Utilities Commission, submitting notice of Pacific, Gas and Electric Company's application to increase the revenue for PG&E to distribute gas and electricity and to generate electricity.(107)

From Comcast Cable, submitting notice that effective January 2006 the new franchise fee rate will be 6.20%.(108)

From concerned citizens, submitting their opinion of the political climate in San Francisco.(109)

From California Department of Parks and Recreation, submitting notice that the Port of San Francisco Embarcadero Historic District will be considered by the State Historic Resources Commission for nomination to the National Register of Historic Places.(110)

From Department of Public Works, responding to request to remove graffiti from various locations. (Reference No. 20051101-003) Copy: Supervisor Mirkarimi(111)

From Daphne Blumenthal, expressing her outrage at the one-hour parking meters placed throughout most of the city. Copy: Mayor(112)

From Clerk of the Board, regarding motion adopted by LAFCO indicating its interest (to the Mayor, Board of Supervisors and the Department of Telecommunications and Information Services) in pursuing a municipally owned WIFI system; and requesting a feasibility study to assess the financial implications, reviewing an inclusionary process, and providing for a needs analysis be addressed.(113)

From Lois Enos, submitting her concern that cars and buses no longer come to a complete stop at crosswalks and no one seems to care.(114)

From Jamison Wieser, urging the Board of Supervisors to move forward in building a new Transbay Terminal without waiting for a state rail bond that might never come to be.(115)

From Ahimsa Sumchai, regarding alleged Conflict of Interest with the Mayor's Office of Economic Development and Arc Ecology.(116)

From Real Estate Division, submitting notice that the Real Estate Division has received General Plan approval from the Planning Department to sell city property at 425 Mason Street.(117)

From State Senate Rules Committee, submitting appointment of Tam M. Doduc of Sacramento and Gerald D. Secundy of Pasadena as members of the State Water Resources Control Board terms ending January 15, 2009.(118)

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383
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 interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
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 (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, and N (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 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. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
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 Frank Darby 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

Last updated: 7/8/2010 1:41:51 PM

	APPROVAL OF MEETING MINUTES






		Motion to approve Board Minutes for December 6, 2005 and December 13, 2005.

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the Budget and Finance Committee






		Present: Supervisors Ammiano, Mirkarimi, Elsbernd

1.	051827	[Exempting pushcart peddlers with BART permits at 16th and 24th Street Stations from Police permit requirements]	Supervisor Ammiano
		Ordinance amending Article 17.3 of the Police Code by amending Section 1330 to define BART; adding Section 1330.2 to exempt pushcarts who obtain permits from BART for the 16th St. and 24th St. BART stations or adjacent plaza from obtaining a police permit; amending Section 1330.5 to require the Health Department Director to make a recommendation to BART within 30 days after the filing of such application with BART; amending Section 1330.14 to require the Health Department Director to forward the Certificate of Sanitation decal number assigned to each pushcart under the jurisdiction of BART to BART; and by renumbering Sections 1330.2 through 1330.6.


		12/13/2005, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	051869	[Approval of Port Lease with Miller Kelly Architects, Inc. at the Roundhouse One Building located at 1500 Sansome Street]
		Resolution approving Lease between the San Francisco Port Commission and Miller Kelly Architects, Inc., a California corporation, dba MK Think for the lease of the Roundhouse One Building located at 1500 Sansome Street, for a term of ten (10) years and one hundred eighty (180) days with one (1) option to renew for an additional five (5) years. (Port)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee




		Present: Supervisors Alioto-Pier, Peskin

3.	051745	[Settlement of Lawsuit - Dazell Mallory]
		Ordinance authorizing settlement of the lawsuit filed by plaintiff Dazell Mallory against the City and County of San Francisco for payment of $53,150, including all damages, attorneys' fees and costs; the lawsuit was filed on February 24, 2005, in San Francisco Superior Court, Case No. 438-930, entitled Dazell Mallory v. San Francisco Public Library, the City and County of San Francisco, and Does 1-100. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

4.	051812	[Settlement of Lawsuit - Theresa Koenig]
		Ordinance authorizing settlement of the lawsuit filed by Theresa Koenig against the City and County of San Francisco for $190,000; the lawsuit was filed on November 16, 2001 in San Francisco Superior Court, Case No. 401-374; entitled Theresa Koenig, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

5.	051813	[Settlement of Lawsuit - Tania Tavasieff Foley]
		Ordinance authorizing settlement of the lawsuit filed by Tania Tavasieff Foley against the City and County of San Francisco for $75,000; the lawsuit was filed on September 7, 2004 in San Francisco Superior Court, Case No. 434-496; entitled Tania Tavasieff Foley v. City and County of San Francisco, Mortimer John Joyce, Jr., and Stephen Waichi Wong. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

6.	051814	[Settlement of Lawsuit - Aircraft Service International, DHL Express (USA) as successor in interest to Airborne Express ("Airborne"), Atlantic Richfield Co., ChevronTexaco, Shell,
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against Aircraft Service International, DHL Express (USA) as successor in interest to Airborne Express ("Airborne"), Atlantic Richfield Co., ChevronTexaco, Shell, Signature Flight Support, and Unocal, for the payment to the Airport of environmental clean-up costs with regard to City and County of San Francisco v. ARCO et al., Case No. C-97-2965 MMC (N.D. Cal). (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	051820	[Settlement of proceeding before the California Public Utilities Commission regarding the December 2003 fire at PG&E's Mission Substation and the subsequent outage]	Supervisors McGoldrick, Maxwell
		Ordinance authorizing settlement of the proceeding before the California Public Utilities Commission, Investigation 05-03-011, to determine whether PG&E should be found in violation of state law and fined in connection with the December 2003 fire at the Mission Substation and the subsequent outage affecting 100,000 customers in San Francisco.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

8.	051877	[Settlement of Lawsuit - Carol Renault v. CCSF, et al.]
		Ordinance authorizing settlement of the lawsuit filed by Carol Renault against the City and County of San Francisco for $900,000; the lawsuit was filed on July 20, 2004 in San Francisco Superior Court, Case No. 433-157; entitled Carol Renault v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

9.	051878	[Settlement of Lawsuit - 1750 Connecticut Street, et al., v. CCSF, et al.]
		Ordinance authorizing settlement of the lawsuit filed by 1750 Connecticut Street against the City and County of San Francisco for $75,000; the lawsuit was filed on August 20, 2004 in San Francisco Superior Court, Case No. 433-992; entitled 1750 Connecticut Street, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

10.	051896	[Settlement of Lawsuit - National Center for International Schools, et al., v. CCSF, et al.]
		Ordinance authorizing settlement of the lawsuit filed by National Center for International Schools against the City and County of San Francisco for $178,667.42; the lawsuit was filed on October 28, 2004 in San Francisco Superior Court, Case No. 435-875; entitled National Center for International Schools, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

11.	051899	[Settlement of Lawsuit - Evan Weiss Arkush, et al., v. CCSF, et al.]
		Ordinance authorizing settlement of the lawsuit filed by Evan Weiss Arkush against the City and County of San Francisco for $125,000; the lawsuit was filed on July 26, 2004 in San Francisco Superior Court, Case No. 432-947; entitled Evan Weiss Arkush, et al., v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

12.	051935	[Settlement of Claim - Yully Company]
		Resolution approving the settlement of the unlitigated Claim No. 05-03042 filed by Yully Company on March 24, 2005, against the City and County of San Francisco for $119,000. (City Attorney)



		Question: Shall this Resolution be ADOPTED?

13.	051763	[Appointment - Public Utilities Revenue Bond Oversight Committee]
		Resolution appointing David Sutter, term ending November 12, 2009, to the Public Utilities Revenue Bond Oversight Committee.

		David Sutter, succeeding himself, term expired, seat 2, must have expertise, skills and experience in economics, the environment, construction or project management, for the unexpired portion of a four-year term ending November 12, 2009.

		Question: Shall this Resolution be ADOPTED?

14.	051976	[Appointment - Back Streets Business Advisory Board]
		Resolution appointing Michael Potepan, term ending November 16, 2006, to the Back Streets Business Advisory Board.

		Michael Potepan, succeeding My Do, resigned, seat 6, must be an officer or representative of an economic development or planning organization or association, or of an academic institution, for the unexpired portion of a two-year term ending November 16, 2006.

		Question: Shall this Resolution be ADOPTED?

	Recommendations of the City Operations and Neighborhood Services Committee




		Present: Supervisors McGoldrick, Dufty, Ma

15.	051808	[Liquor License Transfer, 4715 Geary Boulevard]
		Hearing to consider that the transfer of a Type 21 off-sale general alcoholic beverage control license from 308 Randolph Street to 4715 Geary Boulevard (District 1), to Wendy Ai-Phi Van dba D&M Liquor Mart, will serve the convenience of the people of the City and County of San Francisco.



		Question: Shall this Resolution be ADOPTED?

16.	051913	[Grant of Regional Funds - Municipal Transportation Agency]	Supervisor Dufty
		Resolution authorizing the Municipal Transportation Agency to accept and expend $11,283,000 of Regional Measure 2 funds for the Automatic Vehicle Location System project.



		Question: Shall this Resolution be ADOPTED?

17.	051957	[Grant of Local Funds - Municipal Transportation Agency]	Supervisors Dufty, Ma
		Resolution authorizing the Municipal Transportation Agency to accept and expend $876,050 of Transportation Fund for Clean Air Regional Funds from the Bay Area Air Quality Management District to implement projects that reduce air pollution from motor vehicles.



		Question: Shall this Resolution be ADOPTED?






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

18.	052053	[Adopting findings related to the conditional use appeal on property located at 80 West Portal Avenue]
		Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Application No. 2005.0698C (which allowed the establishment of a mortgage brokerage as a business or professional service (Guarantee Mortgage), in a vacant ground floor commercial space approximately 2,318 gross square feet in the West Portal Avenue Neighborhood Commercial District and 26-X Height an Bulk District) for property located at 80 West Portal (Lot 008, in Assessor's Block 2931). (Clerk of the Board)

		(Companion measure to Files 051784, 051785, 051786, 051787.)
		1/4/2006, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

19.	051559	[An ordinance conforming state law, provisions of the Administrative Code, which permit any person who is liable for tax on property that has been damaged or destroyed by misfortune or	Supervisor Elsbernd
		Ordinance amending Section 10.2-5 of the San Francisco Administrative Code to conform to Section 170 of Chapter 2.5, Part 1, Division 1 of the California Revenue and Taxation Code providing that every assessee of any taxable property, or any person liable for the taxes thereon, whose property was damaged or destroyed, without his or her fault, by a misfortune or calamity, may apply for reassessment of that property; specifying the nature of the damage or destruction required to be eligible for reassessment; and also specifying that the Assessor-Recorder may initiate the reassessment where the Assessor-Recorder determines that within the preceding 12 months taxable property located in the County was damaged or destroyed, for the purpose of providing property tax relief to residents of the City and County of San Francisco.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

20.	051721	[Zoning - Interim Moratorium on New Check Cashing and Pay Day Lender Uses]	Supervisors Ammiano, Maxwell, Dufty, Daly
		Urgency Ordinance approving an interim zoning moratorium on new check cashing and pay day lender uses for 45 days and making required findings, including findings related to the imposition of an interim moratorium, findings of consistency with the priority policies of Planning Code Section 101.1, and environmental findings.



		Question: Shall this Ordinance be FINALLY PASSED?

21.	051789	[Prevailing wages for workers on public works/improvement projects, workers doing janitorial services, workers in public off-street parking lots, garages, or auto storage facilities,
		Resolution fixing prevailing wage rates for (1) workers performing work under City contracts for public work and improvement; (2) workers performing work under City contracts for janitorial services; (3) workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; (4) workers engaged in theatrical or technical services for shows on property owned by the City; and (5) workers performing moving services under City contracts at facilities owned or leased by the City. (Civil Service Commission)

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

22.	051923	[Authorization for Loan from SFCTA]	Supervisor McGoldrick
		Resolution authorizing the City and County of San Francisco, through its Municipal Transportation Agency, to borrow $22.57 million of Proposition K Sales Tax Funds from the San Francisco County Transportation Authority to allow the Third Street Light Rail Transit - Muni Metro East Maintenance and Operations Facility Project to proceed in advance of receiving anticipated state grant funds.



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Government Audit and Oversight Committee




		Present: Supervisors Peskin, Elsbernd, Daly