Return to Full Board Agendas
Full Board Agendas
City and County of San Francisco
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
VOTES
Tuesday, May 3, 2005
2:00 PM
Legislative Chamber - Second Floor
Regular 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. |
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APPROVAL OF MEETING MINUTES
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Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to approve the April 5, 2005 Meeting Minutes. The motion carried by the following vote:
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Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Absent: 1 - Alioto-Pier
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Recommendations of the Budget and Finance Subcommittee
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050530
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[Accept-Expend Bequest of Harvey V. Berneking Living Trust]
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Supervisor Elsbernd
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Resolution authorizing the San Francisco Public Library to retroactively accept and expend a gift in the amount of $100,000 from the HARVEY V. BERNEKING Living Trust for improvements to the
Main Library. (Public Library)
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ADOPTED
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050569
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[Contract Prop J: Facility Security Services]
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Resolution concurring with the Controller's certification that facility security services for Municipal Transportation Agency can be practically performed by a private contractor at a lower
cost than by City and County employees. (Municipal Transportation Agency)
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ADOPTED
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Recommendations of the City Operations and Neighborhood Services Committee
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050415
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[Establishing a tour bus restriction on Baker Street]
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Ordinance amending the San Francisco Police Code by adding Section 1183.35 to establish a tour bus restriction on Baker Street between Richardson Avenue and Union Street. (Parking and
Traffic Department) (3/14/05: 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. 2975.) | |
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FINALLY PASSED
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050420
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[Establishing a tour bus restriction on Broderick Street]
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Ordinance amending the San Francisco Police Code by adding Section 1183.36 to establish a tour bus restriction on Broderick Street between Richardson Avenue and Union Street. (Parking and
Traffic Department) (3/14/05: 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. 2975.) | |
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FINALLY PASSED
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050421
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[Establishing a tour bus restriction on Chestnut Street]
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Ordinance amending the San Francisco Police Code by adding Section 1183.32 to establish a tour bus restriction on Chestnut Street between Lyon Street and Richardson Avenue. (Parking and
Traffic Department) (3/14/05: 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. 2975.) | |
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FINALLY PASSED
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050478
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[Establishing a tour bus restriction on Greenwich Street]
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Ordinance amending the San Francisco Police Code by adding Section 1183.33 to establish a tour bus restriction on Greenwich Street between Lyon and Divisadero Streets. (Parking and Traffic
Department) (3/14/05: 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. 2975.) | |
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FINALLY PASSED
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050479
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[Establishing a tour bus restriction on Filbert Street]
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Ordinance amending the San Francisco Police Code by adding Section 1183.34 to establish a tour bus restriction on Filbert Street between Lyon and Divisadero Streets. (Parking and Traffic
Department) (3/14/05: 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. 2975.) | |
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FINALLY PASSED
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050525
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[Establishing commercial vehicle weight restrictions on Broderick Street]
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Ordinance amending the San Francisco Traffic Code by adding Section 28.5.58 to establish a commercial weight restriction on Broderick Street between Richardson Avenue and Union Street.
(Parking and Traffic Department) (3-14-05: 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. 2974.) | |
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FINALLY PASSED
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050526
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[Extending commercial vehicle weight restrictions on Chestnut Street]
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Ordinance amending the San Francisco Traffic Code by amending Section 28.5.9 to extend the commercial vehicle weight restriction on Chestnut Street to include Chestnut Street between Lyon
and Broderick Streets. (Parking and Traffic Department) (3-14-05: 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. 2974.) | |
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FINALLY PASSED
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050527
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[Establishing commercial vehicle weight restrictions on Greenwich Street]
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Ordinance amending the San Francisco Traffic Code by adding Section 28.5.57 to establish a commercial vehicle weight restriction on Greenwich Street between Divisadero and Lyon Streets.
(Parking and Traffic Department) (3-14-05: 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. 2974.) | |
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FINALLY PASSED
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050528
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[Establishing commercial vehicle weight restrictions on Filbert Street]
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Ordinance amending the San Francisco Traffic Code by adding Section 28.5.59 to establish a commercial weight restriction on Filbert Street between Divisadero and Lyon Streets. (Parking and
Traffic Department) (3-14-05: 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. 2974.) | |
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FINALLY PASSED
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050529
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[Extending commercial vehicle weight restrictions on Baker Street]
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Ordinance amending the San Francisco Traffic Code by amending Section 28.5.3, establishing a commercial vehicle weight restriction on Baker Street, by extending the restriction to include
Baker Street between Union Street and Marina Boulevard. (Parking and Traffic Department) (DPT Order No. 2974.)
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FINALLY PASSED
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Consent Agenda was passed by the following vote: Ayes: 10 - Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Absent: 1- Alioto-Pier Supervisor
Dufty, seconded by Supervisor McGoldrick, moved to rescind the previous vote. Motion to rescind was passed without objection.
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The foregoing items were acted upon by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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Severed from Consent Agenda
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Supervisor Daly requested that this matter be severed so that it might be considered separately.
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050431
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[To re-appropriate bond sales proceeds from 3 capital projects, funded by General Obligation Bonds; and to re-appropriate the bond sales proceeds from 11 projects, funded by Lease Revenue
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Mayor, Supervisors McGoldrick, Elsbernd
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Ordinance re-appropriating $15,964,440 from 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond to fund the improvement
and construction of parks and open space for 11 neighborhood park projects within the Lease Revenue Bond Capital Program. Projects include Rossi Playground, Fay Park Garden, SOMA Park,
Junipero Serra Playground/Clubhouse, Sunnyside Playground/Clubhouse, Sunnyside Conservatory, Rolph Park Clubhouse, Herz Playground/Coffman Pool, Visitacion Greenway Senior Park, Moscone
Recreation Center and St. Mary's Playground; and
Re-appropriating $15,964,440 from 11 various projects within the Lease Revenue Bond Capital Program to fund the improvement and
construction of parks and open space for 3 large capital projects within the 2000 Neighborhood Recreation and Park Facilities Improvement General Obligation Bond program; Moscone Recreation
Center - Phase I, Chinese Recreation Center and Larsen Sava Pool.(Fiscal impact.)
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FINALLY PASSED by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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Recommendation of the Government Audit and Oversight Committee
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050679
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[Audit Priorities]
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Supervisors Peskin, Elsbernd
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Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments.
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Supervisor Elsbernd requested to be added as a co-sponsor.
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APPROVED by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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SPECIAL ORDER 3:30 P.M - Recognition of Commendations
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Privilege of the Floor
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Supervisor Mirkarimi, seconded by Supervisor Daly, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The
motion carried by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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Supervisor Mirkarimi welcomed, introduced and presented a Certificate of Honor to a representative of the Hamilton Family center in recognition of Mother's Day.
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050574
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[Public Hearing - Appeal of Categorical Exemption from Environmental Review (Variance Decision) for 1400-1402 Cole Street]
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Hearing of persons interested in or objecting to the variance decision of the Planning Department dated December 6, 2004 (Case No. 2003.0639V), exempting from environmental review under CEQA
Guidelines, the proposal to add a third floor addition, to include a second dwelling unit to a two-story mixed-use (dwelling unit over commercial) structure (Adel's Wine Cellar), and to
legalize and enlarge an addition at the rear of the building, creating a roof deck and access stair in the required rear yard. The existing structure, detached garage, and rear yard deck are
considered noncomplying with respect to the Planning Code, as they are located in the required rear yard.
The project is located at 1400-1402 Cole Street, southeast corner of the
intersection of Cole and 17th Streets; Lot 023 in Assessor's Block 1291 within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. (Appellants: Dr. Dennis
L. Hamby, and Mrs. Carol Hamby)(Filed April 5, 2005; companion measure to Files 050575, 050576, 050577: District 5.)
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President inquired as to whether of the public wished to address the Board. Representative of the project sponsor informed the Board they were aware of the withdrawal of the appeal but
were available if needed. The President declared the public hearing closed.
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HEARD AT PUBLIC HEARING.
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Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption from environmental review (variance 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.
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(Only one of the following two motions should be adopted.)
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050575
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[Affirming the categorical exemption issued for 1400-1402 Cole Street]
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Motion affirming the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental
Quality Act. (Clerk of the Board)
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Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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050576
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[Disapproving the categorical exemption issued for 1400-1402 Cole Street]
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Motion disapproving the determination by the Planning Department that the 1400-1402 Cole Street project is categorically exempt from environmental review under the California Environmental
Quality Act. (Clerk of the Board)
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Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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050577
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[Preparation of findings related to the categorical exemption issued for 1400-1402 Cole Street]
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Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 1400-1402 Cole Street project is categorically
exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)
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Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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050710
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[Appointment - Police Commission]
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Motion confirming the Rules Committee's nomination of, and appointing, Gayle Orr-Smith to the San Francisco Police Commission for a term of office commencing on April 30, 2005 at noon, term
ending April 30, 2009 at noon. Gayle Orr-Smith, succeeding herself, term expiring April 30, 2005 at noon, seat 3, must be nominated by the Rules Committee or its successor and subject to
confirmation by the Board of Supervisors, for a four-year term ending April 30, 2009 at noon.
(Supervisor Mirkarimi dissenting in Committee)
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Supervisor Daly, seconded by Supervisor Mirkarimi, moved to amend by replacing the nomination of "Gayle Orr-Smith" with "Kim-Shree Maufus". Motion to amend failed by the following
vote: Ayes: 4 - Ammiano, Daly, Mirkarimi, Sandoval Noes 7 - Alioto-Pier, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Peskin
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APPROVED by the following vote:
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Ayes: 10 - Alioto-Pier, Ammiano, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
Noes: 1 - Daly
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050695
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[Adoption of Board of Supervisors' 2005 Budget Process and Policy Priorities]
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Supervisors Ammiano, Daly, Elsbernd, McGoldrick, Ma, Mirkarimi
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Resolution adopting the San Francisco Board of Supervisors' 2005 Budget Process and Policy Priorities.
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Supervisor McGoldrick, seconded by Supervisor Ammiano, moved to amend the list of budget priorities to include funding for Public Health Nurses, Senior Medical Social Workers and a Health
Care Billing Clerk to the Department of Public Health. Motion to amend list of budget priorities was passed without objection. Supervisors Daly, Elsbernd, and Mirkarimi requested to
be added as co-sponsors. | |
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ADOPTED by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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ROLL CALL FOR INTRODUCTIONS
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050754
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[Juror Appreciation Week]
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Supervisors Dufty, Elsbernd
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Resolution declaring May 8 through May 14, 2005, Juror Appreciation Week throughout the City and County of San Francisco.
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Supervisor Elsbernd requested to be added as a co-sponsor.
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ADOPTED
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050755
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[Supporting the WorldPride celebration in Jerusalem]
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Supervisors Dufty, Ammiano, Maxwell, Daly, Mirkarimi, Ma
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Resolution supporting the WorldPride celebration in Jerusalem.
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ADOPTED
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050756
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[Accept-Expend Grant Awarded to the San Francisco Department of the Environment by the Friends of the Commission on the Status of Women]
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Supervisor Elsbernd
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Resolution authorizing the San Francisco Department of the Environment to accept and expend a grant in the amount of $25,000.00 from the Friends of the Commission on the Status of Women to
provide outreach and education about recycling used cell phones.
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ADOPTED
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050757
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[Safe Jobs]
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Supervisor Ma
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Resolution recognizing and declaring the month of May 2005 as "Safe Jobs for Youth Month" in the City and County of San Francisco.
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ADOPTED
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050758
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[Commending Nick and Sophia Vlahiotis]
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Supervisors Ma, Dufty
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Resolution commending Nick and Sophia Vlahiotis on the 20th Anniversary of Ristorante Capri.
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ADOPTED
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050722
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[Final Map for a 23 Unit Commercial/Residential Condominium Project - 515-521-525 Gough Street]
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Motion approving Final Map of 515-521-525 Gough Street, A Commercial/Residential Condominium Project, being a subdivision of Lot 77 in Assessor's Block No. 793, and adopting findings
pursuant to Planning Code Section 101.1. (Public Works Department) (DPw Order No. 175,326; District 6.)
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APPROVED
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050723
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[Final Map for a 6 Lot Merger and 5 Lot Re-subdivision Project - 830 Lake Street]
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Motion approving Final Map of 830 Lake Street, A 6 Lot Merger and 5 Lot Re-subdivision Project, being a re-subdivision of Lots 7, 8, 9, 10, 11 and 12 in Assessor's Block No. 1349, and
adopting findings pursuant to Planning Code Section 101.1. (Public Works Department) (DPw Order No. 175,337; District 1.)
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APPROVED
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050731
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[Needle Exchange Emergency]
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Supervisors Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty
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Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
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APPROVED
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Severed from Without Committee Reference
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Supervisor Elsbernd requested that this matter be severed so that it might be considered separately.
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The foregoing items were acted upon by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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050759
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[Supporting AB 452, Double Fine Zone for Moving Violations on 19th Avenue and Park Presidio Boulevard]
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Supervisors Mirkarimi, Ma, Elsbernd
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Resolution urging the California State Assembly and Governor to support Assembly Bill No. 452.
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Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved an amendment of the whole and further amended by Supervisor McGoldrick.
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AMENDED.
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Supervisor Elsbernd requested to be added as a co-sponsor.
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ADOPTED AS AMENDED by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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IMPERATIVE AGENDA
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Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be
considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A
unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions.
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[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.
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Supervisor Daly, seconded by Supervisor Elsbernd, moved ADOPTION of the Commendatory Finding. The motion carried by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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[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.
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Supervisor Daly, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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050779
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[Commending Teachers and School Workers in S.F. Unified School District]
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Supervisors Daly, Ammiano, Elsbernd, Mirkarimi, Ma
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Resolution commending the San Francisco Unified School District teachers and workers for their labor to educate and serve San Francisco's future leaders.
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ADOPTED by the following vote:
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Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval
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050724
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[Zoning Map Amendment in connection with the Alabama and 18th Streets Affordable Housing Special Use District]
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Ordinance amending the Sectional Zoning Map No. 7SU of the San Francisco Planning Code to incorporate the Alabama and 18th Streets Affordable Housing Special Use District as being applicable
to the block bounded by 18th, 19th, Alabama, and Florida Streets (Assessor's Block 4021, Lot 001); adopting findings. (Planning Department)
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4/25/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
4/28/05, President Peskin waived the 30-day Rule. | | | |
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050725
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[Alabama and 18th Streets Affordable Housing Special Use District]
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Ordinance amending the San Francisco Planning Code by adding Section 249.27 to create the Alabama and 18th Streets Affordable Housing Special Use District applicable to the block bounded by
18th, 19th, Alabama, and Florida Streets (Assessor's Block 4021, Lot 001); adopting findings. (Planning Department)
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4/25/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
4/28/05, President Peskin waived the 30-day Rule. | | | |
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050726
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[Settlement of Claims - Pacific Gas & Electric Company]
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Ordinance approving the settlement of telephone users tax refund claim asserted by Pacific Gas & Electric Company against the City and County of San Francisco in a claim for refund, then in
Pacific Gas & Electric Company v. City and County of San Francisco, United States Bankruptcy Court, Northern District of California, Case No. 01-30923-DM and Adv. No 04-3071 DM. (City
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4/25/05, RECEIVED AND ASSIGNED to Rules Committee.
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050727
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[Amending the Building Code Sections 106.3.2, 109, 209, 419, 1403, 1506, 2312.3.]
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Ordinance amending Sections 106.3.2, 109, 209, 419, 1403, 1506, 2312.3 of the Building Code to allow land surveyors to prepare submittal documents; to prohibit use or occupancy of structures
until a certificate of final completion and occupancy or other approval by the Department of Building Inspection has been issued; to remove the definition of building height; to regulate
the depth of structural projections; to delete requirements for exterior backings constructed of solid wood and plywood; to allow for approved alternate locations for storm or casual water
drains; to remove requirement that solid wood or plywood wall sheathing used as backing for plaster be pressure-treated, and to make findings in accordance with California Health and Safety
Code Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code. (Building Inspection Department)
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4/25/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.
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050728
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[Amending the Housing Code regarding mechanical ventilation of bathrooms]
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Ordinance amending Section 504 of the Housing Code to modify requirements for mechanical ventilation of bathrooms and to make findings in accordance with California Health and Safety Code
Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code. (Building Inspection Department)
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4/25/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.
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050729
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[Amending the Plumbing Code regarding storm water drain locations and grease traps]
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Ordinance amending Section 306.2 and Section 1014.1 of the Plumbing Code to allow for alternate locations for rain water drains; to modify the requirements for grease traps; and to make
findings in accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code. (Building
Inspection Department) | |
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4/25/05, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 6/2/2005.
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