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Full Board Agendas

City and County of San Francisco

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

seal of the city and county of sf

VOTES
Tuesday, April 5, 2005
10:00 AM
Legislative Chamber - Second Floor
Rescheduled Meeting

Board of Supervisors


Members Present: Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Sean Elsbernd, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval.


APPROVAL OF MEETING MINUTES
Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved to approve March 1, 2005 Meeting Minutes. The motion carried by the following vote:
Ayes: 9 - Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Absent: 2 - Alioto-Pier, Daly

CONSENT AGENDA
 

Recommendations of the Land Use Committee
 

041748 [Development Agreements] Supervisor Daly
Ordinance amending the San Francisco Administrative Code by amending Sections 56.2 and 56.3 to allow a housing project to enter into a Development Agreement with the City if the project has a minimum of 1,000 units, includes two or more buildings, will be built on a site exceeding two and one-half acres, and provides public benefits beyond those achievable through existing ordinances and regulations; adopting findings under the California Environmental Quality Act.
FINALLY PASSED
 

041688 [Residential Rent Ordinance, Additional Keys] Supervisor Daly
Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.13 "Keys" to provide that: the landlord must provide additional keys/key-sets within fourteen (14) days of a tenant's written request unless the landlord denies the request in writing within that time period (the current ordinance does not set a deadline for providing the additional keys/key-sets), and failure to respond within the fourteen days constitutes a substantial decrease in housing services; the landlord may charge only for documented replication costs and may not require other charges or deposits or terms or conditions of any kind, and imposing such other terms or conditions constitutes a substantial decrease in housing services; a tenant's petition to the Rent Board to decide a disputed request may include a failure to respond within fourteen days, or a disagreement regarding terms or conditions for the additional keys/key-sets; and, unreasonable denial of additional keys/key-sets also constitutes a "substantial" decrease in housing services (the word "substantial" is new in this provision).
FINALLY PASSED
 

Recommendation of the City Operations and Neighborhood Services Committee
 

050178 [Regulations for Junk Dealers] Supervisor Maxwell
Ordinance amending San Francisco Municipal (Police) Code Part II, Chapter VII Sections 974.1, 974.4, 974.11, 974.12, 974.14, 974.15, 974.21 and 974.22, and by renumbering and amending 974.10-1, to align definitions to those of the California Business and Professions Code and to define "buy book", require that a permit applicant include additional information in the permit application, including a requirement that a permit holder inform the Police Department if the business will engage in welding, use of a propane tank, or cutting torches operated by compressed gasses and provide copies of permits for those activities; expand the types of information that the Chief of Police may consider in determining whether to grant the permit including convictions for fraud and crimes related to the environment, permit revocations from other government agencies, and civil penalties imposed related to the operation of a junk dealer or hazardous material or the environment; provide examples of types of "cause" that would justify a revocation of the permit and clarify that the standard of proof is a preponderance of the evidence; clarify the prohibition of operating at another location not listed on the permit; set forth the rules under which the permit holder operates, including a requirement that the permit holder keep all items purchased in the same condition for five days, allow non-peace officer who have the authority to enforce rules and regulations on the premises to inspect, maintain a record of all purchases that includes requiring the seller to produce a valid form of identification for each transaction, maintain the "buy book" in serial-number order for a period of three years and to allow inspection of the book, maintain the sidewalk and other areas adjacent to the premises clear of obstacles, trash and debris, and prevent loitering; clarify that a violation of these provisions is a misdemeanor; and grant the Chief of Police authority to temporarily suspend operation of the business if it presents an immediate threat to the public health and safety; adding Sections 974.10-2 and 974.14-2 to require the permit holder to provide current information to the Chief on an annual basis and to require the Chief to make a determination of whether to move to revoke the permit; and to prohibit the junk dealer from making purchases (1) from anyone who does not have a valid identification, (2) of parts that contain hazardous materials; and (3) of goods that may be stolen; repealing Sections 974.18, 974.19 and 974.24 to repeal the holding period exemption for purchases from other junk dealers; repeal the prior requirements for buy books, and repeal the provision regarding pre-existing permits.
FINALLY PASSED
 

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

UNFINISHED BUSINESS
 

Recommendation of the City Operations and Neighborhood Services Committee
 

050071 [Shopping Cart Signage and Security Requirements] Supervisor Ma
Ordinance amending Part II, Chapter X, of the San Francisco Municipal (Public Works) Code by adding Sections 1410-1414, requiring permanently affixed signs on shopping carts, requiring businesses with carts to post signs prohibiting removal from premises and to secure all carts during hours business is closed.
FINALLY PASSED by the following vote:
Ayes: 7 - Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 2 - Ammiano, Mirkarimi
Absent: 2 - Alioto-Pier, Daly

Recommendations of the Land Use Committee
Supervisor Daly noted present at 10:06 a.m.

Supervisor Alioto-Pier noted present at 10:09 a.m.

 

050181 [General Plan amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the San Francisco General Plan in connection with the Transbay Redevelopment Plan and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.

(Companion measure to Files 050181, 050182, 050183, and 050184.)

Continued to May 10, 2005
Supervisor Maxwell, seconded by Supervisor McGoldrick, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050182 [Zoning - Planning Code amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the Planning Code to add Sections 249.27, 263.18, 825, and 825.1 to establish special zoning controls in connection with the Transbay Redevelopment Plan; amending Planning Code Section 270 to reflect the new zoning changes to bulk controls set forth in Section 263.18; adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.
Continued to May 10, 2005
Supervisor Maxwell, seconded by Supervisor McGoldrick, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050183 [Zoning Map amendments in connection with the Transbay Redevelopment Plan] Mayor, Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending Sectional Map 1, 1H, and 1SU of the Zoning Map of the City and County of San Francisco in connection with the Transbay Redevelopment Plan and an associated special use district with the Redevelopment Plan Project Area and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1.
Continued to May 10, 2005
Supervisor Maxwell, seconded by Supervisor McGoldrick, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

From the Budget and Finance Subcommittee and Committee of the Whole
 

050184 [Adopting the Redevelopment Plan for the Transbay Redevelopment Project] Mayor, Supervisor Daly
Ordinance approving and adopting the Redevelopment Plan for the Transbay Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan and related documents and agreements (including a Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement with the Redevelopment Agency of the City and County of San Francisco and the Transbay Joint Powers Authority) are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33679; authorizing official acts (including the execution of agreements) in furtherance of this ordinance.

(Fiscal impact.)

Supervisor Maxwell, seconded by Supervisor McGoldrick, moved to refer this matter with pending amendments.

Supervisor Peskin, seconded by Supervisor McGoldrick, moved to incorporate further amendments.

Motion to refer this matter to the Redevelopment Agency with amendments carried by the following vote:

Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Continued to May 10, 2005

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

NEW BUSINESS
 

Recommendation of the Budget and Finance Subcommittee
 

050435 [Rejecting the Mayor's Offer of a Conditional Waiver] Supervisor Daly
Resolution rejecting the Mayor's offer of a conditional waiver to San Francisco Cycling, LLC for the cost of police services.

(Fiscal impact.) (Supervisor Elsbernd dissenting in Committee.)

NOT ADOPTED by the following vote:
Ayes: 5 - Ammiano, Daly, McGoldrick, Mirkarimi, Sandoval
Noes: 6 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, Peskin

From the Land Use Committee Without Recommendation
 

Supervisor Mirkarimi Excused from Voting
Supervisor Daly, seconded by Supervisor Alioto-Pier, moved to excuse Supervisor Mirkarimi at his request, because of possible conflict of interest, from voting. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Mirkarimi

050177 [100% owner-occupied TICs] Supervisors Alioto-Pier, Dufty, Elsbernd
Ordinance allowing owners of 2-6 unit buildings to convert the building into a condominium where the building was owned as a tenancy-in-common on January 20, 2005 and was 100% owner-occupied on January 20, 2005 and making environmental findings.

(Primary sponsors: Supervisors Alioto-Pier and Dufty.)

NOT PASSED ON FIRST READING by the following vote:
Ayes: 4 - Alioto-Pier, Dufty, Elsbernd, Ma
Noes: 6 - Ammiano, Daly, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Mirkarimi

Recommendations of the Rules Committee
 

041489 [Regulation of Electioneering Communications] Supervisors Maxwell, Peskin, McGoldrick, Sandoval, Mirkarimi
Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding section 1.161.5 to create disclosure and filing requirements for the sponsors of electioneering communications and by amending Section 1.134 to include electioneering communications within the type of communications that could cause the Ethics Commission to lift the City's expenditure ceilings.

(Supervisor Alioto-Pier dissenting in Committee.)

Supervisor Daly moved to divide the file.

See File No. 050624

DIVIDED by the following vote:
Ayes: 9 - Ammiano, Daly, Dufty, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Noes: 2 - Alioto-Pier, Elsbernd

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

050624 [Regulation of Electioneering Communications]
Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding Section 1.161.5 to create disclosure and filing requirements for the sponsors of electioneering communications and by amending Section 1.134 to include electioneering communications within the type of communications that could cause the Ethics Commission to lift the City's expenditure ceilings.
Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved four amendments.

Motion to amend to delete the word "internet" carried by the following vote:

Ayes: 6 Alioto-Pier, Dufty, Elsbernd, Ma, Peskin, Sandoval

Noes: 5 - Ammiano, Daly, Maxwell, McGoldrick, Mirkarimi

Motion to amend by raising payments from $1,000 to $5,000 failed by the following vote:

Ayes: 3 - Alioto-Pier, Elsbernd, Ma

Noes: 8 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Motion to amend by exempting 501.3 (c) from legislation failed by the following vote:

Ayes: 4 - Alioto-Pier, Dufty, Elsbernd, Ma

Noes: 7- Ammiano, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Motion to amend by deleting the word "all" referring to communications failed by the following vote:

Ayes: 4 - Alioto-Pier, Dufty, Elsbernd, Ma

Noes: 7- Ammiano, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Motion to amend by exempting 501.3 (c) from legislation failed by the following vote:

Ayes: 3 - Alioto-Pier, Elsbernd, Ma

Noes: 8 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Supervisor Daly, seconded by Supervisor Ammiano, moved to divide this matter and amend by inserting "Internet Communication shall include paid internet advertisements such as "banner" and "pop up" advertisements, paid emails or emails sent to addresses purchased from another person, and similar types of internet communications as defined by the Ethics Commission by regulation, but shall not include web blogs, listserves sent to persons who have contacted the sender, discussion forums, or general postings on web pages."

Motion to amend carried by the following vote:

Ayes: 7- Ammiano ,Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval,

Noes: 4 - Alioto-Pier, Dufty, Elsbernd, Ma

Supervisor Ammiano, seconded by Mirkarimi,

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

050348 [Authorizing the Mayor to add additional terms and conditions to the memorandum of agreement between the City and participants in the City's Annual Joint Fundraising Drive] Mayor, Supervisor Peskin
Ordinance amending the San Francisco Administrative Code by amending Section 16.93-5, to authorize the Mayor to add additional terms and conditions to the memorandum of agreement between the City and participants in the City's Annual Joint Fundraising Drive.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

Supervisor Mirkarimi Excused from Voting
Supervisor Daly, seconded by Supervisor Ammiano, moved to excuse Supervisor Mirkarimi from voting on this matter. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Mirkarimi

050531 [Appointment - Association of Bay Area Governments Executive Board]
Resolution appointed Supervisor Ross Mirkarimi, term ending June 30, 2005, to the Association of Bay Area Governments Executive Board.

Supervisor Ross Mirkarimi, succeeding Supervisor Matt Gonzalez, resigned, seat 2, must be a member of the Board of Supervisors, for the unexpired portion of a two-year term ending June 30, 2005.

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

050532 [Appointment - Association of Bay Area Governments Finance Authority]
Resolution appointing Supervisor Ross Mirkarimi, term indefinite, to the Association of Bay Area Governments Finance Authority.

Supervisor Ross Mirkarimi, succeeding Supervisor Barbara Kaufman, resigned, seat 1, must be a member of the Board of Supervisors who in turn can appoint up to two alternates to act in his place in all matters authorized, for an indefinite term.

Continued to April 12, 2005
Supervisor Dufty, seconded by Supervisor Ma, moved that this Resolution be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Mirkarimi

Supervisors McGoldrick and Sandoval Excused From Voting
Supervisor Daly, seconded by Supervisor Mirkarimi, moved to excuse Supervisors McGoldrick and Sandoval from voting on this matter. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin
Excused: 2 - McGoldrick, Sandoval

050533 [Appointment - California State Association of Counties]
Resolution appointing Supervisor Jake McGoldrick and Supervisor Gerardo Sandoval, terms ending November 28, 2005, to the California State Association of Counties Board of Directors.

Supervisor Jake McGoldrick, succeeding himself, term expired, seat 1, must be a member of the Board of Supervisors, for the unexpired portion of a one-year term ending November 28, 2005. Supervisor Gerardo Sandoval, succeeding himself, term expired, seat 2, must be a member of the Board of Supervisors, for the unexpired portion of a one-year term ending November 28, 2005.

ADOPTED by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin
Excused: 2 - McGoldrick, Sandoval

Supervisor Maxwell Excused From Voting
Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to excuse Supervisor Maxwell from voting on this matter. The motion carried by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, McGoldrick, Mirkarimi, Peskin, Sandoval
Excused: 1 - Maxwell

050536 [Appointment - Peninsula Corridor Study Joint Powers Board]
Resolution appointing Supervisor Sophie Maxwell, term ending June 30, 2006, to the Peninsula Corridor Study Joint Powers Board.

Supervisor Sophie Maxwell, succeeding herself, term expired, seat 1, must be appointed by the Board of Supervisors, for the unexpired portion of a two-year term ending June 30, 2006.

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

050436 [Clerk of the Board to file inactive Charter Amendments] Supervisor Alioto-Pier
Motion amending Rule 5.37 of the Rules of Order of the Board to require the Clerk of the Board to file proposed Charter Amendments that have not been submitted to the voters by the Board for the next election.
APPROVED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

SPECIAL ORDER 10:45 A.M. - Recognition of Commendations
 

SPECIAL ORDER 11:00 A.M.
 

050374 [Public Hearing - Appeal of Tentative Subdivision Map for 4005 Mission Street]
Hearing of persons interested in or objecting to the decision of the Department of Public Works dated February 16, 2005, approving Tentative/Parcel Map to legalize the proposed construction of a 3 unit new condominium project in Assessor's Block 5835, Lot 75, at 4005 Mission Street, San Francisco. (Appellant: Otto Wiegand)

(Companion Masure to Files 050375, 050376, 040377; District 11.)

Jay Ock ,President of St. Mary's Park Improvement Club, representing the appellant, Otto Wiegand

Jenny Olsen; support of appellant

Julia; support of appellant

Female Speaker; support of appellant

Casandra Man Kelly; support of appellant

Sue Hestor, Attorney for St. Mary's Park Neighborhood; support of appellant

John Malamut, Deputy City Attorney reviewed the Board the CEQA issues.

Barabara Moy, Department of Public Works, reviewed with the Board the Department's recommendations.

Jim Reuben, Reuben & Junius; attorney for project sponsor, James O'Donovan

Joe O'Donghue; Residential Builders, support of project sponsor

Rebuttal Period; Sue Hestor, Attorney for St. Mary's Neighborhood

The President inquired as to whether any member of the public wished to address the Board.

The President declared the public hearing closed.

HEARD AT PUBLIC HEARING.
 

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

050486 [Affirming the categorical exemption issued for 4005 Mission Street]
Motion affirming the determination by the Planning Department that the 4005 Mission Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Supervisor Ammiano, seconded by Supervisor Elsbernd, moved that this Motion be APPROVED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050487 [Disapproving the categorical exemption issued for 4005 Mission Street]
Motion disapproving the determination by the Planning Department that the 4005 Mission Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Supervisor Ammiano, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050488 [Preparation of findings related to the categorical exemption issued for 4005 Mission Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 4005 Mission Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
Supervisor Ammiano, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

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

050375 [Tentative Subdivision Map for 4005 Mission Street]
Motion approving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize the construction of a 3 unit new condominium project in Assessor's Block 5835, Lot 75, at 4005 Mission Street. (Clerk of the Board)
Supervisor Ammiano, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050376 [Tentative Subdivision Map for 4005 Mission Street]
Motion disapproving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize the construction of a 3 unit new condominium project in Assessor's Block 5835, Lot 75, at 4005 Mission Street. (Clerk of the Board)
Amended to include placement and maintenance of trees that would grow to 30 feet.
Supervisor Ammiano, seconded by Supervisor Dufty, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

050377 [Findings - 4005 Mission Street]
Motion directing the Clerk of the Board to prepare findings relating to Tentative Subdivision Map to legalize the construction of a 3 unit new condominium project in Assessor's Block 5835, Lot 75 at 4005 Mission Street. (Clerk of the Board)
Supervisor Ammiano, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval

ROLL CALL FOR INTRODUCTIONS
Supervisor Ammiano noted absent at 2:15 p.m.
 

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.
 

050522 [Urging the Mayor to release funds to the Department of Public Health] Supervisor McGoldrick
Resolution urging the Mayor to release funding for the Department of Public Health to fund Public Health Nurses, Senior Medical Social Workers, and a Health Care Billing Clerk in FY 04-05.
ADOPTED
 

050558 [Supporting Day of Silence] Supervisors Ammiano, Dufty
Resolution declaring April 13, 2005 as National Day of Silence in the City and County of San Francisco.
Supervisor Elsbernd requested to be added as a co-sponsor.
ADOPTED
 

050559 [Working Families Credit Day] Supervisors Ammiano, Dufty
Resolution declaring April 15, 2005 as Working Families Credit Day in the City and County of San Francisco and encouraging all working families in San Francisco that qualify to take advantage of the federal Earned Income Tax Credit.
ADOPTED
 

050560 [Week of the Young Child] Supervisors Ma, Dufty
Resolution recognizing and declaring April 2-10, 2005 as the "Week of the Young Child" in the City and County of San Francisco.
ADOPTED
 

050561 [Commending Martha Villazon] Supervisors Maxwell, Dufty
Resolution commending Martha Villazon for her service to the City and County of San Francisco.
ADOPTED
 

050563 [Exploring instituting voter preregistration system for high school students] Supervisors Mirkarimi, Ma
Resolution calling for the City and County of San Francisco, in conjunction with the San Francisco Unified School District, to investigate the logistics, both administrative and legal, of establishing for the preregistration of high school students to vote in an effort to create universal voter registration.
Supervisor Elsbernd requested to be added as a co-sponsor.
ADOPTED
 

050546 [Needle Exchange Emergency] Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
APPROVED
 

The foregoing items were acted upon by the following vote:
Ayes: 10 - Alioto-Pier, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Absent: 1 - Ammiano

Severed from Without Reference to Committee Agenda
Supervisor Daly requested that this matter be severed so that it might be considered separately.
 

050562 [Senate Bill 1020 - Transportation Development Act Funds] Supervisor McGoldrick
Resolution urging the California State Legislature to support Senate Bill 1020 (Migden) authorizing local jurisdictions to double the current quarter percent sales tax dedicated to local transit and to maintain local streets and roads in rural counties.
REFERRED.
 

OFF-AGENDA LEGISLATION
 

PROPOSED ORDINANCES
 

050581 [Settlement of Claims - Pacific Gas & Electric Company]
Ordinance approving the partial settlement of claims asserted by the City and County of San Francisco in the bankruptcy proceeding entitled In Re Pacific Gas & Electric Company, United States Bankruptcy Court, Northern District of California, Case No. 01-30923-DM, and by Pacific Gas & Electric Company against the City and County of San Francisco in that same proceeding. (City Attorney)
3/28/05, RECEIVED AND ASSIGNED to Rules Committee.
 

PROPOSED RESOLUTIONS
 

ADJOURNMENT
There being no further business, the Board adjourned at the hour of 2:20 p.m.
 


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