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City and County of San Francisco
Board of Supervisors - Full Board

September 18, 2007

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

seal of the city and county of sf

AGENDA
Tuesday, September 18, 2007
2:00 PM

Regular Meeting


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

Angela Calvillo, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

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.

SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board

(This item will be read at the third regularly scheduled Board meeting of every month)

The following is a time dedicated for the Mayor to discuss with the Board of Supervisors issues pertaining to the governance of the City and County of San Francisco. The Board of Supervisors offers this time for dialogue on the third regularly scheduled Board meeting of every month pursuant to the will of the voters as expressed in Proposition I in November of 2006.

Should the Mayor fail to appear after five minutes of the item being called, the Clerk shall remove the item from the Board's agenda, and the item shall not be considered by the Board. Should the Mayor appear and the Board therefore consider this item, general public comment for this item will take place during public comment.

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Public Safety Committee
Present: Supervisors Mirkarimi, Maxwell

1. 071134 [Accept-Expend Grant - Public Defender] Supervisor Maxwell
Ordinance authorizing the Office of the Public Defender to accept and expend a grant in the amount of $70,000 from the Zellerbach Family Foundation for a court alternative specialist position dedicated to working with the children of incarcerated parents (CIP).
9/11/2007, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

From the Board

2. 070667 [Medical Cannabis Dispensary Permits] Supervisor Alioto-Pier
Ordinance amending Sections 3301, 3304, 3305, 3307, and 3308 of the San Francisco Health Code and Sections 209.3, 217, 790.141 and 890.133 of the San Francisco Planning Code to (a) require the Director of Public Health to certify that applicants for Medical Cannabis Dispensary permits have not been convicted of certain felony offenses, (b) require Dispensaries to provide security measures, including lighting and alarms, (c) establish minimum disability access standards; (d) extend the time period for Dispensaries to obtain a Medical Cannabis Dispensary permit to March 1, 2008; (e) authorize the sale and delivery of medical cannabis to qualified patients with a verifiable, written recommendation from a physician for medical cannabis; (f) clarify the definition of  medical cannabis dispensary; and (g) adopting General Plan, Planning Code Section 101.1(b) and environmental findings."
8/14/2007, CONTINUED AS AMENDED.
8/14/2007, CONTINUED AS AMENDED. Continued to September 11, 2007 with the Board Sitting as a Committee of the Whole
9/11/2007, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
9/11/2007, CONTINUED AS AMENDED. Continued to September 18, 2007
Question: Shall this Ordinance be PASSED ON FIRST READING?

Called from the City Operations and Neighborhood Services Committee

3. 060589 [Liquor License Transfer, 845 Market Street, Space 010]
Resolution determining that the transfer of a Type 21 off-sale general license from 1001 South Van Ness Avenue to 845 Market Street, basement of the San Francisco Centre, Space 010 to Bristol Farms Inc., will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.
8/15/2006, CONTINUED. Continued to September 12, 2006
9/12/2006, CONTINUED. Continued to September 19, 2006
9/19/2006, RE-REFERRED to City Operations and Neighborhood Services Committee.
3/20/2007, CALLED FROM COMMITTEE. Pursuant to Rule 5.31, Supervisor Dufty called this measure from City Operations and Neighborhood Services Committee.
3/27/2007, CONTINUED. Continued to April 10, 2007.
4/10/2007, CONTINUED. Continued to April 17, 2007.
4/17/2007, CONTINUED. Continued to June 5, 2007.
6/5/2007, CONTINUED. Continued to July 31, 2007.
7/31/2007, CONTINUED. Continued to August 14, 2007
8/14/2007, CONTINUED. Continued to September 11, 2007
9/11/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the Budget and Finance Committee
Present: Supervisors Peskin, Ammiano, Dufty

4. 071085 [Appropriating $5,647,000 for increased costs at San Francisco General and Laguna Honda Hospitals in the Department of Public Health retroactive to Fiscal Year 2006-2007] Mayor
Ordinance appropriating $5,647,000, including $4,591,000 of Patient Revenue to support increased overtime, fringes and services of other departments at San Francisco General Hospital and $1,056,000 of MediCal revenues at Laguna Honda hospital to support salary and fringes at Laguna Honda Hospital for the Department of Public Health retroactive to Fiscal Year 2006-2007.
(Fiscal Impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 071165 [Setting San Francisco's fiscal year 2007-2008 property tax rate and establishing pass-through rate for residential tenants] Supervisor Peskin
Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2008.
Question: Shall this Ordinance be PASSED ON FIRST READING?

6. 071166 [Setting San Francisco Community College District's fiscal year 2007-2008 property tax rate to be included in the City's overall property tax rate] Supervisor Peskin
Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2008.
Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 071167 [Setting San Francisco Unified School District's fiscal year 2007-2008 property tax rate to be included in the City's overall property tax rate] Supervisor Peskin
Ordinance providing revenue and levying property taxes for San Francisco Unified School District purposes for the fiscal year ending June 30, 2008.
Question: Shall this Ordinance be PASSED ON FIRST READING?

8. 071168 [Setting San Francisco Bay Area Rapid Transit District's fiscal year 2007-2008 property tax rate to be included in the City's overall property tax rate] Supervisor Peskin
Ordinance providing revenue and levying property taxes for San Francisco Bay Area Rapid Transit District purposes for the fiscal year ending June 30, 2008.
Question: Shall this Ordinance be PASSED ON FIRST READING?

9. 071193 [Minimum Compensation Ordinance] Supervisors Ammiano, Peskin, McGoldrick
Ordinance amending the San Francisco Administrative Code by adding Section 12P.5.1 to amend the Minimum Compensation Ordinance by imposing additional contract requirements on City contractors, including Airport property contractors.
Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 070980 [Accept-Expend Federal Grant - Airport Commission]
Resolution authorizing the Airport Commission to retroactively accept and expend funding in a total amount of $2,297,483 from the Transportation Security Administration ( TSA ) for Airport K-9 Explosives Detection Team Program. (Airport Commission)
(No Economic Impact)
Question: Shall this Resolution be ADOPTED?

11. 071055 [Extension of Contract Third Street Light Rail Project Consultant Jacobs Civil] Supervisor Maxwell
Resolution approving the increase of $2,563,000 for Municipal Railway Contract No. CS-132, Quality Assurance and Construction Management Services for Phase I of the Third St. Light Rail Transit Project.
Question: Shall this Resolution be ADOPTED?

12. 071092 [Contract between the Department of Public Health and San Francisco Community Health Authority to provide universal health insurance services for San Francisco children and young adults Supervisor Ammiano
Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to retroactively contract between the City and County of San Francisco and the San Francisco Community Health Authority to provide universal health insurance services for San Francisco children and young adults aged 0 through 24 and young parents aged 19 through 24 for the period of July 1, 2007 through June 30, 2008 in the amount of $11,342,433.
(Fiscal Impact.)
7/31/2007, REFERRED to Budget and Finance Committee. Supervisor Ammiano requested that this matter be referred to Committee.
Question: Shall this Resolution be ADOPTED?

13. 071164 [Approval of two contracts with Siemens Medical Solutions USA, Inc. to support and maintain clinical and financial software applications in use by the Department]
Resolution authorizing the San Francisco Department of Public Health (DPH), to retroactively enter into two contracts with Siemens Medical Solutions USA, Inc. (Siemens) for the continued licensing and maintenance of proprietary Siemens applications for the term July 1, 2007 through June 30, 2012. (Public Health Department)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?

14. 071229 [Park, Recreation and Open Space General Obligation Bonds] Mayor, Supervisor Peskin
Resolution determining and declaring that the public interest and necessity demand the acquisition, construction or reconstruction of park, recreation and open space projects within the City and County of San Francisco and all other structures and improvements necessary or convenient for the foregoing purposes; finding that the estimated cost of $185,000,000 for such improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53; and waiving the time limits set forth in Administrative Code section 2.34.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Elsbernd, Alioto-Pier

15. 071223 [Board response to the 2006-2007 Civil Grand Jury Report entitled "Can San Francisco Keep its Promise to Reduce Greenhouse Gas Emissions?"] Supervisor Elsbernd
Resolution responding to the Presiding Judge of the Superior Court on the recommendations contained in the 2006-2007 Civil Grand Jury Report entitled  Can San Francisco Keep its Promise to Reduce Greenhouse Gas Emissions? .
Question: Shall this Resolution be ADOPTED?

16. 071224 [Board response to the 2006-2007 Civil Grand Jury Report entitled "Parking for the Disabled-Abuse or Over-Use?"] Supervisor Elsbernd
Resolution responding to the Presiding Judge of the Superior Court on the recommendations contained in the 2006-2007 Civil Grand Jury Report entitled  Parking for the Disabled–Abuse or Over-Use? .
Question: Shall this Resolution be ADOPTED?

17. 071225 [Board response to the 2006-2007 Civil Grand Jury Report entitled "Risk Management: Are the Managers Managing the Risks of the City"] Supervisor Elsbernd
Resolution responding to the Presiding Judge of the Superior Court on the recommendations contained in the 2006-2007 Civil Grand Jury Report entitled  Risk Management: Are the Managers Managing the Risks of the City .
Question: Shall this Resolution be ADOPTED?

18. 071226 [Board response to the 2006-2007 Civil Grand Jury Report entitled "Compensation and Staffing Issues in the San Francisco Police Department"] Supervisor Elsbernd
Resolution responding to the Presiding Judge of the Superior Court on the recommendations contained in the 2006-2007 Civil Grand Jury Report entitled  Compensation and Staffing Issues in the San Francisco Police Department .
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Elsbernd, Alioto-Pier, Daly

19. 071177 [FY 2007-2008 California Constitution Appropriations Limit] Supervisor Peskin
Resolution establishing the appropriations limit for Fiscal Year 2007-08 pursuant to California Constitution Article XIII B.
Question: Shall this Resolution be ADOPTED?

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. Continued appeals from previous Board meetings (continued appeals will be listed in order
of those closest to deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by
the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning
at 4pm.
5. Appeals involving participants who have ADA considerations may be set for specific times
beginning at 4pm.

20. 070910 [Appeal of Determination of Exemption from Environmental Review for 3424 Jackson Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated May 31, 2007 (Case No. 2005.1134E), exempting from environmental review under Categorical Exemption Class 1, [State Guidelines, Section 15301(e)(1)]. The proposal would construct an addition of approximately 780 square feet (sq ft) of new space, room repartitions, removal of a rear fire escape, and addition of a new rear egress staircase and three decks to a 6,510-sq ft, 35-foot-high, four-story, single-family dwelling constructed circa 1921. The proposed alterations would result in a building approximately 7,289 sq ft and 35 feet high with enlarged ground, first, second, and third floors to the rear (about 487 sq ft of additional space), and enlarged fourth floor toward the front of the building (an expansion of 292 sq ft). The site is a rectangular 4,469-sq ft parcel (Assessor's Block 0971; Lot 003B). The project site, located in the Presidio Heights neighborhood is zoned RH-1 (Residential, House - One Family) and is within a 40-X height and bulk district.
(Appellant: Howard N. Ellman on behalf of Mr. and Mrs. Karkar)
(Filed June 14, 2007; companion measure to 070911, 070912, 070913; District 2.)
7/24/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board Members. Continued to September 18, 2007
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 approved.)

21. 070911 [Affirming the categorical exemption issued for the 3424 Jackson Street project]
Motion affirming the determination by the Planning Department that the 3424 Jackson Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
7/24/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

22. 070912 [Disapproving the categorical exemption issued for the 3424 Jackson Street project]
Motion disapproving the determination by the Planning Department that the 3424 Jackson Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
7/24/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

23. 070913 [Preparation of findings related to the 3424 Jackson Street project]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the project at 3424 Jackson Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
7/24/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

SPECIAL ORDER 4:00 P.M.

24. 070905 [Public Hearing - Appeal of Mitigated Negative Declaration - 601 Duboce Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department adopted and issued on June 7, 2007, approving a Mitigated Negative Declaration (File No. 2004.0603E), for the proposed development project at 601 Duboce Avenue.
(Filed June 19, 2007; Appellant; Nicole M. Phillips on behalf of Service Employees International Union, United Health Care) companion measure to Files 070906, 070907, 070908, District 8.)
8/7/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to September 18, 2007
Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the mitigated negative declaration 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 approved.)

25. 070906 [Affirming adoption of the mitigated negative declaration for 601 Duboce Avenue]
Motion affirming Planning Commission adoption of the final mitigated negative declaration for 601 Duboce Avenue. (Clerk of the Board)
8/7/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

26. 070907 [Reversing adoption of the mitigated negative declaration for 601 Duboce Avenue]
Motion reversing the Planning Commission adoption of the final mitigated negative declaration for 601 Duboce Avenue. (Clerk of the Board)
8/7/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

27. 070908 [Preparation of findings to reverse adoption of the mitigated negative declaration for 601 Duboce Avenue]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the final mitigated negative declaration for 601 Duboce Avenue. (Clerk of the Board)
8/7/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

SPECIAL ORDER 4:00 P.M.

28. 071024 [Public Hearing - Conditional Use Appeal for 601 Duboce Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Director by Motion No. 17444 dated June 7, 2007 (Case No. 2004.0603CE), approving conditional use authorization under Planning Code Section 303 and 304 to amend a previously approved conditional use authorization for a planned unit development and annual limit review for office development (Case No. 1987.847BC, Motion No. M13254 and M13255) and develop a new four story, 50,075 gross-square-feet (gsf), medical clinic and office building. The new building would contain medical offices, a Neuromuscular and Electroencephalogram Clinic, circulation/mechanical/support space, a pharmacy, an admitting station, located on the fourth story that connects to the existing adjacent ambulatory surgery department in the CPMC Hospital North Tower. As a Planned Unit Development, the project is seeking modifications to Planning Code requirements for rear yard and independently accessible parking. The property is in an RH-3 (Residential, House, Three-Family) Use District. While the five-story hospital north tower is the only building located in the 130-E Height and Bulk District portion of the site, the remaining portion (including the location of the project) is in the 65-D Height and Bulk District on property located at: 601 Duboce Avenue; Lot 001 in Assessor's Block 3539. (Appellant: Seabrook Leaf)
(Filed 7/9/07; companion measure to Files 071025, 071026, 071027; District 8.)
8/7/2007, CONTINUED. The President inquired as to whether any member of the public wished to address the Board members. Continued to September 18, 2007
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 approved.)

29. 071025 [Approving Conditional Use Application for property located at 601 Duboce Avenue]
Motion approving decision of the Planning Commission by its Motion No. 17444, approving Conditional Use Application 2004.0603CE on property located at 601 Duboce Avenue, and adopting findings pursuant to Planning Code Section 101.1.
8/7/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

30. 071026 [Disapproving Conditional Use Application for property located at 601 Duboce Avenue]
Motion disapproving decision of the Planning Commission by its Motion No. 17444, approving Conditional Use Application 2004.0603CE on property located at 601 Duboce Avenue.
8/7/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

31. 071027 [Findings - 601 Duboce Avenue Conditional Use Application Appeal]
Motion directing the Clerk to prepare findings related to the proposed Conditional Use Application 2004.0603CE on property located at 601 Duboce Avenue.
8/7/2007, CONTINUED. Continued to September 18, 2007
Question: Shall this Motion be APPROVED?

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

The following items will be considered by the Rules Committee on September 13, 2007 at 10:00 a.m. The chair intends to request the Committee to send the following items to the Board as a committee report on Tuesday, September 18, 2007.

32. 071190 [Appointment to San Francisco LAFCO] Supervisor Mirkarimi
Motion appointing Supervisor Chris Daly to the San Francisco Local Agency Formation Commission (LAFCO).
Question: Shall this Motion be APPROVED?

33. 071180 [Armando Peraza Day - September 1, 2007] Supervisor Peskin
Resolution declaring September 1, 2007 "Armando Peraza Day" in San Francisco.
8/14/2007, REFERRED to Rules Committee.
Question: Shall this Resolution be ADOPTED?

34. 071182 [Commending John Barleycorn Pub] Supervisor Peskin
Resolution commending John Barleycorn Pub for almost 40 years of enriching the City.
8/14/2007, REFERRED to Rules Committee.
Question: Shall this Resolution be ADOPTED?

35. 071183 [Sea Otter Awareness Week - September 23 - 29, 2007] Supervisor Peskin
Resolution declaring September 23-29 Sea Otter Awareness Week.
8/14/2007, REFERRED to Rules Committee.
Question: Shall this Resolution be ADOPTED?

36. 071187 [Commending Chad Jacobs] Supervisors Peskin, Elsbernd
Resolution commending Chad Jacobs for his outstanding years of service as a Deputy City Attorney.
8/14/2007, REFERRED to Rules Committee.
Question: Shall this Resolution be ADOPTED?

The following item will be considered by the City Operations and Neighborhood Services Committee on September 13, 2007 at 1:00 p.m. The chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, September 18, 2007.

37. 071258 [Urging the Golden Gate Bridge, Highway and Transportation District to Oppose the Golden Gate Bridge Partnership Program] Supervisors McGoldrick, Maxwell, Mirkarimi
Resolution urging the Golden Gate Bridge, Highway and Transportation District Board of Directors to Oppose the Golden Gate Bridge Partnership Program which would allow for the continued degradation of our public spaces by sanctioning, among other things, the placement of corporate logos on way-finding signage, posters, kiosks, and displays on Golden Gate Bridge property.
Question: Shall this Resolution be ADOPTED?

38. 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.

39. 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 speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting.

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST
These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

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 40 through 47

40. 071305 [Declaring October 11, 2007 as Eleanor Roosevelt Day] Supervisors Ammiano, Mirkarimi, Maxwell, Daly, McGoldrick, Alioto-Pier, Peskin, Dufty
Resolution declaring October 11, 2007 as Eleanor Roosevelt Day and commending her for her contributions to women's and human rights.
9/11/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 071306 [Supporting the medical practice of acupuncture and Oriental Medicine Study programs] Supervisor Ammiano
Resolution supporting the medical practice of acupuncture and the National Oriental Medicine Accreditation Agency and the creation of Doctor of Oriental Medicine Study programs in the California State university System and University of California medical System.
9/11/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 071307 [Iraq Moratorium] Supervisors Ammiano, Daly
Resolution endorsing the Iraq Moratorium's demands to stop the war and bring the troops home.
9/11/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 071308 [Declaring September 2007 as Reentry Month] Supervisor Mirkarimi
Resolution declaring the month of September 2007 as Reentry month in the City and County of San Francisco.
9/11/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 071309 [Commending the Brotherhood Way Interfaith and Residential Community] Supervisor Elsbernd
Resolution commending the Brotherhood Way Interfaith and Residential Community for their annual Vigil Service of Remembrance for Victims of War and Terrorism.
9/11/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 071310 [Approval of Addendum to Port Lease for Living Classroom at Heron's Head Park] Supervisor Maxwell
Resolution approving an Addendum to Lease No. 13816 with Literacy for Environmental Justice for Construction, Maintenance, and Operation of a Living Classroom Building at Heron's Head Park.
9/11/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

46. 071313 [Lights Out San Francisco] Supervisors McGoldrick, Alioto-Pier
Resolution to support extinguishing all non-essential lighting in all city government buildings, public schools and public landmarks for the hour between 8:00 PM and 9:00 PM on October 20, 2007 to conserve energy as part of the city-wide energy conservation event: Lights Out San Francisco, and establishing October 20, 2007 as Lights Out San Francisco Day.
9/11/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

47. 071263 [Final Map - 5600 Third Street]
Motion approving Final Map 3813, a 124 Unit Residential Condominium Project, located at 5600 Third Street being a subdivision of Lots 012 and 013 in Assessors Block No. 5421 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 177,048; District 10.)
9/4/2007, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be APPROVED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

48. 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 September 4, 2007 through September 10, 2007, for reference by President to appropriate committee on September 18, 2007.

071274 [San Francisco Building Code]
Ordinance repealing the San Francisco Building Code in its entirety and replacing that code with a new 2007 San Francisco Building Code consisting of the 2007 California Building Code, which is based upon the 2006 International Building Code, together with the San Francisco amendments; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and directing the Clerk of the Board to forward San Francisco's amendments and findings to the California Building Standards Commission; and making environmental findings. (Building Inspection Department)
9/7/2007, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/18/2007.

071275 [San Francisco Electrical Code]
Ordinance repealing the San Francisco Electrical Code in its entirety and replacing that code with a new 2007 San Francisco Electrical Code consisting of the 2007 California Electrical Code, which is based upon the 2005 National Electrical Code, together with the San Francisco amendments; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and directing the Clerk of the Board to forward San Francisco's amendments and findings to the California Building Standards Commission; and making environmental findings. (Building Inspection Department)
9/7/2007, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/18/2007.

071276 [San Francisco Housing Code]
Ordinance repealing the San Francisco Housing Code in its entirety and replacing that code with a new 2007 San Francisco Housing Code to conform to the new numbering system of the 2007 California Building Code and to re-enact San Francisco's local amendments to the State Housing Code with minor changes; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and directing the Clerk of the Board to forward San Francisco's amendments to the California Building Standards Commission; and making environmental findings. (Building Inspection Department)
9/7/2007, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/18/2007.

071277 [San Francisco Mechanical Code]
Ordinance repealing the San Francisco Mechanical Code in its entirety and replacing that code with a new 2007 San Francisco Mechanical Code consisting of the 2007 California Mechanical Code, which is based upon the 2006 Uniform Mechanical Code, together with the San Francisco amendments; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and directing the Clerk of the Board to forward San Francisco's amendments and findings to the California Building Standards Commission; and making environmental findings. (Building Inspection Department)
9/7/2007, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/18/2007.

071278 [San Francisco Plumbing Code]
Ordinance repealing the San Francisco Plumbing Code in its entirety and replacing that code with a new 2007 San Francisco Plumbing Code consisting of the 2007 California Plumbing Code, which is based upon the 2006 Uniform Plumbing Code, together with the San Francisco amendments; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and directing the Clerk of the Board to forward San Francisco's amendments and findings to the California Building Standards Commission; and making environmental findings. (Building Inspection Department)
9/7/2007, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/18/2007.

071281 [Procurement of Construction Management and General Contractor services for the new Public Utilities Commission administrative building at 525 Golden Gate]
Ordinance approving an Integrated Project Delivery Plan for the early procurement of a Construction Manager/General Contractor for the new Public Utilities Commission administrative building at 525 Golden Gate Avenue and modifying the competitive bid requirements of Administrative Code Chapter 6 to require an alternative competitive process based on experience, qualifications, and price.
9/10/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from September 4, 2007 through September 10, 2007, for reference by President to appropriate committee on September 18, 2007.

071280 [Sale of Surplus Real Property Located in the City of South San Francisco]
Resolution approving an Agreement For Sale of Real Estate between the City and County of San Francisco and The Redevelopment Agency of the City of South San Francisco pertaining to approximately 13.64 acres of land located in the vicinity of Chestnut Avenue and El Camino Real in the City of South San Francisco; adopting findings that the transaction is categorically exempt from environmental review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property and/or the General Manager of the San Francisco Public Utilities Commission to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Real Estate Department)
9/7/2007, RECEIVED AND ASSIGNED to Budget and Finance Committee.

071317 [Petitions and Communications]
Petitions and Communications received from September 4, 2007 through September 10, 2007 for reference by the President to September 18, 2007

From Office of Labor Standards Enforcement, submitting copy of letter to Office of Contract Administration regarding uniform and garment contracts. (1)

From Fire Commission, regarding a proposed Ordinance amending the 2001 San Francisco Fire Code to change local building standards applicable to high-rise structures. (2)

From Department of Elections, regarding alternate security plan for November 6, 2007 election. (3)

From Ernest Ramirez, submitting support for the proposed Wi-Fi agreement with Google and Earthlink. File 070077, Copy: Each Supervisor (4)

From D. A. Graczyk, regarding the fMRI signal and the Wi-Fi system which amplifies it. File 070077, Copy: Each Supervisor (5)

From various City departments, certifying that the funding provided in the budget for fiscal year 2007-08 is adequate for the department to meet service levels as proposed to the Board of Supervisors: (6)
Adult Probation Department
Board of Appeals
Superior Court of California

From concerned citizens, commenting on free speech. File 071185, Copy: Each Supervisor, 3 letters (7)

From Suzanne Dowling, urging the Board to vote against the Mitigated Negative Declaration appeal for 3400 Cesar Chavez Street. File 070708 (8)

From concerned citizens, commenting on the new Transbay Terminal design and development. Copy: Each Supervisor, 2 letters (9)

From Christian Holmer, regarding an overdue immediate disclosure request from the District Attorney. (10)

From Francisco Da Costa, commenting on health and safety issues not being addressed by the SF Health Department and Lennar BVHP LLC. (11)

From Sharon Castle, regarding the problem of homeless and vagrants sleeping every night in the entrance of the 1 Mallorca building for the last 6 years. Copy: Supervisor Alioto-Pier (12)

From Jim Kirwan, regarding the Library Commission. (13)

From Inge Horton, submitting opposition to the 2007-2008 water and wastewater rates adopted by the San Francisco PUC. (14)

From Gary and Susan Gulbransen, commenting on the rent increase for the Java House imposed by the SF Port. Copy: Each Supervisor (15)

From Jim Currie, commenting on Sharp Park Golf Course. Copy: Each Supervisor (16)

From Mirna Escobar, submitting copy of letter to the San Francisco Housing Authority regarding San Francisco In-Home Support Services Agency for seniors and the disabled. (17)

From Joseph O'Shea, submitting copy of letter to the U.S. Department of Housing and Urban Development regarding the increase of live-in health care workers moving in with residents at his apartment complex. (18)

From Alex Lantsberg, submitting resolution of the PUC Citizens Advisory Committee regarding the SFPUC Water System Improvement Program. Copy: Each Supervisor (19)

From various City departments, submitting response to the 2006-2007 Civil Grand Jury Report: Can San Francisco keep its promise to reduce greenhouse gas emissions? (20)
Department of the Environment
San Francisco Local Agency Formation Commission
Office of the Mayor

From Barbara Kausen, commenting on unsanitary conditions of City streets. (21)

From various City departments, submitting response the 2006-2007 Civil Grand Jury Report: Risk Management: Are the Managers managing the risks of the City. (22)
Asian Art Museum
Office of the City Administrator
Risk Management Program
Office of the Mayor
Office of the Attorney

From various City departments, submitting response to the 2006-2007 Civil Grand Jury Report: Preparing for a Disaster: Administrative Commitment and Appropriate Funding in the Department of Emergency Management and the Department of Public Health. (23)
Department of Emergency Management
Office of the Mayor

From Police Department, submitting response to the 2006-2007 Civil Grand Jury Report regarding Compensation Issues in the San Francisco Police Department and the Entertainment Commission: A Work in Progress. (24)

From various City departments, submitting response to the 2006-2007 Civil Grand Jury Report: The Entertainment Commission: A Work in Progress. (25)
Office of the City Administrator
Office of the Mayor

From Office of the Mayor, submitting its response to the 2006-2007 Civil Grand Jury Report: Compensation and Staffing Issues in the San Francisco Police Department. (26)

From Office of the Mayor, submitting its response to the 2006-2007 Civil Grand Jury Report: Parking for the Disabled: Abuse or Over-Use? (27)

From Office of the Mayor, submitting its response to the 2006-2007 Civil Grand Jury Continuity Report. (28)

From Department of Elections, regarding additional request [Municipal Election Code (MEC) Section 500(c)(8)] – Supervisors' Positions on Proposition H -Regulating Parking Spaces. (29)

From concerned citizens, commenting on freedom of speech. 2 letters (30)

From Municipal Transportation Agency, regarding status on the feasibility of establishing an ALL-WAY STOP at the intersection of Ellis and Webster Streets. (Reference 20070327-013) Copy: Supervisor Mirkarimi (31)

From Tenderloin Housing Clinic, regarding the minor sidewalk encroachment appeal for 1166 Haight Street. File 070967, Copy: Each Supervisor (32)

From concerned citizens, commenting on the Conditional Use appeal for 4041 Geary Boulevard. File 071031, Copy: Each Supervisor, 7 letters (33)

From Department of Public Works, submitting quarterly report of the DPW Defective Sidewalk Repair Revolving Account for April 1, 2007 through June 30, 2007 and the revised report for January 1, 2007 through March 31, 2007. (34)

From Department of Public Works, submitting annual report of the DPW Monument Preservation Fund to June 30, 2007. (35)

From Eula Walters, submitting copy of letter to the Recreation and Park Commission regarding renaming Sue Bierman Park back to Ferry Park. (36)

From Library Users Association, regarding request for Sunshine Ordinance Task Force complaint hearing. (37)

From T Mobile, submitting notification letter to the California Public Utilities Commission regarding the cellular base site at the Canizales Building. (38)

From concerned citizens, commenting on the Conditional Use appeal for 4041 Geary Boulevard. File 071031, Copy: Each Supervisor (39)

From CA Office of Historic Preservation/Department of Parks and Recreation, regarding National Register of Historic Places nomination for Colombo Building. Copy: Each Supervisor (40)

From CA Office of Historic Preservation/Department of Parks and Recreation, regarding National Register of Historic Places nomination for Lillian Coit Memorial Tower. Copy: Each Supervisor (41)

From CA Office of Historic Preservation/Department of Parks and Recreation, regarding National Register of Historic Places nomination for San Francisco Normal School/San Francisco State Teacher's College. Copy: Each Supervisor (42)

From Public Utilities Commission Citizens Advisory Committee, submitting resolution on public participation in the SFPUC Water System Improvement Program. Copy: Each Supervisor (43)

From Tenderloin Housing Clinic, commenting on the Minor Sidewalk Encroachment appeal for 1166 Haight Street. File 070969, 2 letters (44)

From Marcia Lieberman, submitting support for the appeal of environmental review exemption of 317 Cortland Avenue. File 071070, Copy: Each Supervisor (45)

From John Krieter, submitting support for the Conditional Use appeal for 601 Duboce. File 071024, Copy: Each Supervisor (46)

From concerned citizens, urging the Board to take action to protect safe access to medical cannabis and submitting opposition to the landmarking of 194 Church Street. File 071126, Copy: Each Supervisor, 34 signature pages (47)

From Paula Maria Vannucci-Bartunek, submitting letter to Mayor regarding MUNI service. (48)

From Department of Health & Human Services, regarding the review of the audit report on the City and County for the period ending June 30, 2004 and the response to the audit findings in the audit report. Copy: Each Supervisor (49)

From Francisco Da Costa, commenting on the 2007 Environmental Justice and Air Pollution Workshop. 2 letters (50)

From Francisco Da Costa, commenting on the increase of murders and shootings in San Francisco. (51)

From Francisco Da Costa, commenting on Parcel A in Bayview Hunters Point. 2 letters (52)

From Christian Holmer, regarding an immediate disclosure request from the District Attorney. 2 letters (53)

From Patricia F. McManus, commenting on the 317 Cortland Avenue appeal. File 071070, Copy: Each Supervisor (54)

From Travis Phillips, commenting on neighborhood safety and repairs. (55)

From Alaka Roubideaux, urging the Board to support the clean construction ordinance. File 061432, Copy: Each Supervisor (56)

From concerned citizen, commenting on price-fixing by Tenderloin neighborhood liquor merchants. (57)

From Bill Sargeant, submitting opposition to the proposed ID program for illegal immigrants. Copy: Supervisor Ammiano (58)

From Police Commission, submitting response to the 2006-2007 Civil Grand Jury Report: Compensation and Staffing Issues in the San Francisco Police Department. (59)

From Peter Warfield, regarding filing deadline for SOTF complaints. (60)

From Public Utilities Commission, regarding SFPUC supplemental appropriation ($33,521.354) to fund the construction of a new administrative building at 525 Golden Gate Avenue. (61)

From Paul Moshay, commenting on illegal immigration. Copy: Supervisor Ammiano (62)

From Sunshine Ordinance Task Force, submitting response to constituent regarding a request for hearing. (63)

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.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bdsupvrs_index.asp?id=4383 For information, call (415) 554-5184.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188.
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.

Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701

Disability access
The Legislative Chamber and the Committee Room 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, N and T (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 assist the City's efforts 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 perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

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: 11/19/2013 8:13:32 AM