Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

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

AGENDA
Tuesday, January 13, 2004
2:00 PM

Regular Meeting

MATT GONZALEZ, PRESIDENT
TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL,
FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK,
GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

Motion to approve the November 25, 2003, December 9, 2003 and December 16, 2003 Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 9

Recommendation of the City Services Committee

Present: Supervisors Dufty, Daly

1. 031242 [Participation in the Supportive Transitional Emancipation Program for foster youth] Supervisors Daly, Dufty, Ammiano
Ordinance adding Article III to Chapter 20 of the San Francisco Administrative Code to establish participation in the Supportive Transitional Emancipation Program (STEP), in which eligible foster youth may receive financial support while participating in an educational or training program, or any activity consistent with their transitional independent living plan up to 21 years of age pursuant to section 11403.1 of the Welfare and Institutions Code.

1/6/2004, PASSED ON FIRST READING. Supervisor Ammiano requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, McGoldrick

2. 031506 [Appropriate funding for the sale of school bond proceeds for capital improvement projects on various school facilities] Mayor, Supervisor Sandoval
Ordinance appropriating $29,480,000 of school bond proceeds for capital improvement projects on various school facilities, cost of issuance, and other related costs for the San Francisco Unified School District for fiscal year 2003-04.

(Fiscal impact.)

1/6/2004, PASSED ON FIRST READING. Supervisor Sandoval requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Peskin, Sandoval, McGoldrick

3. 031808 [Prevailing Wage Rates]
Resolution fixing prevailing wage rates for workers performing work under City contracts for public work and improvement; workers performing work under City contracts for janitorial services; and workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City. (Civil Service Commission)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

4. 031845 [Accept-Expend Regional Grant]
Resolution authorizing the Airport Commission to accept and expend two (2) grants totaling $248,000 from the Bay Area Air Quality Management District (Air District) for acquisition of clean air vehicles by Airport transportation operators. (Airport Commission)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

5. 031910 [Contracting out Janitorial Services]
Resolution concurring with the Controller's certification that janitorial services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell, Ammiano

6. 031193 [Historic District Street Signs] Supervisor Peskin
Ordinance adding Traffic Code Section 8 to require that the Department of Parking and Traffic provide information indicating the designated historic district on certain street signs located within a historic district.

1/6/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 031957 [Mission Bay Owens Street at Park P1 Improvements]
Ordinance designating a portion of State Trust Parcel 2 adjacent to Park P1 for public right-of-way purposes; approving a map showing such areas and declaring such areas to be open public right-of-way; naming the new right-of-way (Channel); designating street grades, sidewalk widths, and street parking restrictions; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public use and accepting for maintenance responsibilities and liability purposes, subject to specified limitations; accepting an agreement relating to temporary City access, subject to specified limitations; adopting findings that such actions are consistent with the City's General Plan, eight priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 174,529 and authorizing official acts in connection with this ordinance. (Public Works Department)

(No Public Benefit Recipient.)

1/6/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

8. 031958 [Mission Bay Third Street/16th Street Utility Project]
Ordinance recommending the recordation of the conditional irrevocable offer of portions of property adjacent to Third Street; accepting portions of the irrevocable offer for the joint trench acquisition facilities and rejecting the offer of the Pacific Gas & Electric facilities; dedicating said accepted acquisition facilities for right-of-way purposes; designating said accepted acquisition facilities for public use and designating said accepted acquisition facilities for maintenance purposes; accepting the Easement Agreement for public utility purposes; adopting findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 174,530; and authorizing official acts in connection with this ordinance. (Public Works Department)

(No Public Benefit Recipient.)

1/6/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Dufty, Gonzalez

9. 032006 [Settlement of Charges]
Resolution approving the settlement of California Department of Fair Employment and Housing and Equal Employment Opportunity Commission charges, filed by Ana Guevara on September 20, 2002, against the City and County of San Francisco alleging failure to reasonably accommodate and failure to engage in the interactive process under the disability laws. On September 17, 2003, Ana Guevara made a pre-litigation settlement demand to the City regarding her claims. (City Attorney)

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

10. 032053 [Adopting findings related to the determination that the appeal of 701 Lombard St. negative declaration was timely]
Motion adopting findings related to the determination that the appeal of the negative declaration issued on January 15, 2003 for 701 Lombard Street was timely filed. (Clerk of the Board)

(Companion measure to Files 031840, 031841, 031842, 031860, 031861, 031862, 031863.)

12/31/2003, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

11. 032054 [Adopting findings related to the appeal of the negative declaration issued by the Planning Department for the 701 Lombard Street project]
Motion adopting findings related to the appeal of the negative declaration issued by the Planning Department on January 15, 2003 for 701 Lombard Street project. (Clerk of the Board)

(Companion measure to Files 031840, 031841, 031842, 031860, 031861, 031862, 031863.)

12/31/2003, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

Recommendation of the City Services Committee

Present: Supervisors Dufty, Ma

12. 031929 [San Francisco Law Library Justice Center] Mayor, Supervisor Gonzalez
Resolution in support of the San Francisco Law Library Justice Center at 525 Golden Gate Avenue.

12/16/2003, CONTINUED. Supervisor Gonzalez requested to be added as a co-sponsor. Continued to January 13, 2004

Question: Shall this Resolution be ADOPTED?

Recommendation of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell, Ammiano

13. 031792 [Residential rent ordinance: limit permissible rent increases under a landlord's Operating and Maintenance petitions to a total of 7% for any unit in any five-year period] Supervisors Peskin, Daly, Ammiano
Ordinance amending the Residential Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37) by amending Section 37.8(b)(1) to limit permissible base rent increases based upon a landlord's Operating and Maintenance petitions pending or filed on or after October 28, 2003 for a property with six or more residential units, so that the same landlord may not impose more than a total seven percent (7%) rent increase for any unit in any five (5) year period due to increases in operating and maintenance costs.

1/6/2004, PASSED ON FIRST READING. Supervisor Ammiano requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Dufty, Peskin

14. 031534 [Appointment]
Resolution appointing F.X. Crowley, term ending January 31, 2005, to the Golden Gate Bridge, Highway and Transportation District.

F.X. Crowley, succeeding Robert McDonnell, deceased, seat 2, represents public at large, subject to review and affirmation by the Board of Supervisors in January of each odd-numbered year, for the unexpired portion of a two-year term ending January 31, 2005.

Supervisor Dufty dissenting in committee.

12/16/2003, CONTINUED. Continued to January 13, 2004

Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

15. 031871 [Appropriate Zygmunt Arendt Fund for the Purchase and Renovation of Property Located at 850 Broderick Street] Mayor, Supervisor Sandoval
Ordinance appropriating $3,800,000 of Zygmunt Arendt funding for building purchase and renovation of property located at 850 Broderick Street. Detail includes $3,120,000 for purchasing and closing costs of the property and $680,000 for renovation and maintenance for the Department of Human Services for Fiscal Year 2003-04.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 031887 [Agreement to Purchase 850 Broderick Street] Mayor, Supervisor Sandoval
Resolution approving and authorizing an agreement for the purchase of real property located at 850 Broderick Street to house low-income people for a purchase price of $3,100,000; adopting findings that the conveyance is 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 to execute documents, making certain modifications and take certain actions in furtherance of this resolution.

(Fiscal impact; Companion measure to File 031871.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Dufty, Gonzalez

17. 031989 [Transfer of City-Owned Property - Public Notice] Supervisors Dufty, Ma, Hall
Ordinance amending the San Francisco Administrative Code by adding Section 23.7 to require public notice before the Board of Supervisors may approve the sale, transfer, or other conveyance of City-owned property.

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 4:00 P.M.

18. 031551 [Eminent Domain - Resolution of Necessity - 701 Lombard Street] Supervisor Peskin
Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code Section 101.1.

10/7/2003, CONTINUED. Continued to October 21, 2003 at 4:00 p.m.

10/21/2003, CONTINUED. Continued to November 25, 2003

11/25/2003, CONTINUED. Supervisor Peskin, seconded by Supervisor Ammiano, moved to continue this matter to December 16, 2003.

12/16/2003, CONTINUED. Continued to January 13, 2004

Question: Shall this Resolution be ADOPTED?

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.

SPECIAL ORDER 4:00 P.M.

19. 031969 [Public Hearing - Appeal of Categorical Exemption - 899 North Point Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated March 12, 2003, approving a Certificate of Determination of Exemption/Exclusion from Environmental Review for the proposed construction project located at 899 North Point Street, on Assessor's Block 0026, Lot 020. (Appellants: Roland Salvato and Malana Moberg, on behalf of The Aquatic Park Neighborhood Association and The Russian Hill Improvement Association.)

(Appeal filed December 4, 2003; companion measure to Files 031970, 031971, 031972.)

Action:___________________________

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

20. 031970 [Affirming the categorical exemption issued for 899 North Point Street]
Motion affirming the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

21. 031971 [Disapproving the categorical exemption issued for 899 North Point Street]
Motion disapproving the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

22. 031972 [Preparation of findings related to the categorical exemption issued for 899 North Point Street]
Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the 899 North Point Street project is categorically exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

23. 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.

24. PUBLIC COMMENT

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

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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

Items 25 and 26

25. 040004 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, 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.

1/6/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

26. 040038 [Final Map for a 12 Unit Mixed-Use Condominium Project]
Motion approving Final Map of 49 Ocean Avenue, A Mixed-Use Condominium Project, being a subdivision of Lot 37 in Assessor's Block No. 6955, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 174,585; District 11.)

1/5/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

27. 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.

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from December 30, 2003 through January 5, 2004, for reference by President to appropriate committee on January 13, 2004.

032052 [Use of ramped taxi medallion in a spare taxicab sedan when ramped taxi is out of service]
Ordinance adding Section 1148.6 of the Police Code to provide that the Taxi Commission may adopt a policy that allows ramped taxi permits to be used to operate spare regular taxicabs when the ramped taxi is out of service for necessary repairs or must be replaced due to breakdown of or damage to the vehicle, provided that the policy meets certain conditions. (Taxi Commission)

(No Public Benefit Recipient.

12/29/2003, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from December 30, 2003 through January 5, 2004, for reference by President to appropriate committee on January 13, 2004.

040036 [Settlement of Claim - North Coast County Water District]
Resolution approving the settlement of the unlitigated claim filed by North Coast County Water District against San Francisco for $86,247.48; claim was filed on August 29, 2003.

1/5/2004, RECEIVED AND ASSIGNED to Rules Committee.

040037 [Lease of Real Property]
Resolution authorizing the lease of 30,790 sq. ft. of office space in the building located at 1145 Market Street, San Francisco for the City and County of San Francisco Public Utilities Commission. (Real Estate Department)

1/5/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

040051 [Petitions and Communications]
Petitions and Communications received from December 30, 2003 through January 5, 2004 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on January 13, 2004.

From Public Utilities Commission, submitting request for waiver of Administrative Code Chapters 12B and 12C for professional services from Fiware.(1)

From Public Utilities Commission, submitting request for release of reserved funds for five million dollars.(2)

From Office of the Controller, submitting report concerning the audit of the Salvation Army.(3)

From Yasmen Sorab Mehta, submitting support for funding the San Francisco International Arts Festival. File 031581(4)

From Animal Care and Control Department, regarding what plans or projects the Department has that will add 5,000 new jobs to the City's workforce within the next five years at no cost to the taxpayers of San Francisco. (Reference No. 20031216-013) Copy: Supervisor Hall(5)

From SF Employees' Retirement System, submitting notice that the annual report for the City Employees' Retirement System is available for viewing and/or printing on the City's website at www.sfgov.org.(6)

From Department of Public Health, submitting report entitled "Comprehensive Environmental Lead Poisoning Prevention Program" dated December 2, 2003.(7)

From PG&E, submitting report which provides the names and address of monthly listing of accounts delinquent over 90 days.(8)

From Office of the Controller, submitting report concerning the audit of NRG Energy Center.(9)

From Office of the Controller, regarding what plans or projects the Department has that will add 5,000 new jobs to the City's workforce within the next five years at no cost to the taxpayers of San Francisco. (Reference No. 20031216-052) Copy: Supervisor Hall(10)

From Reuben & Alter, submitting project sponsors submittal in response to appeal of categorical exemption for property located at 899 North Point Street. Copy: Each Supervisor, File 031969(11)

From Department of Human Resources, submitting quarterly report on status of the IFPTE Local 21 Special Assistant Audit and the MEA Management Classification and Compensation Plan. Copy: Each Supervisor(12)

From Department of Human Resources, regarding what plans or projects the Department has that will add 5,000 new jobs to the City's workforce within the next five years at no cost to the taxpayers of San Francisco. (Reference No. 20031216-038) Copy: Supervisor Hall(13)

From Comcast Communications Inc., submitting notice of a programming adjustment scheduled for February 4, 2004.(14)

From Jude Koski, submitting support for purchase of property at 438 Page Street for the Page Street Garden. File 031814(15)

From Office of the Mayor, submitting corrected term expiration dates for appointees to the Department on Building Inspection.Copy: Each Supervisor(16)

From Fire Department, regarding the potential effect of the Secondary Unit Legislation on the Fire Department's ability to protect the City's public health, safety and welfare. (Reference No. 20031028-005) Copy: Supervisor Hall(17)

From Florence Fung, submitting copy of letter sent to the Department of Parking and Traffic regarding a missing parking sign modification.(18)

From Office of the Treasurer, submitting the Cash Differences and Overages Fund for the period ending December 31, 2003.(19)

From James Chaffee, commenting on e-mails that were distributed by the City Librarian to the library commissioners. Copy: Each Supervisor(20)

From Bob Conrad, commenting that many business travelers are switching to Oakland International Airport in increasing numbers because there is no problem with runway closures, etc. Copy: Each Supervisor(21)

From US Department of Commerce, submitting summary of the Sanctuary Advisory Council Workshop held on December 4, 2003 concerning the shared boundary between the Monterey Bay National Marine Sanctuary and the Gulf of the Farallones National Marine Sanctuary.(22)

From Christina Stout, submitting opposition to proposed legislation regarding "Secondary Unit Legislation" and other related legislation. (23)

From Jeff Staben, submitting opposition to proposal by the Department of Recreation and Park to limit the San Francisco Soccer League to a three month season. File 031200(24)

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.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

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

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its 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 Donna Hall 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 Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

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

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES

		Motion to approve the November 25, 2003, December 9, 2003 and December 16, 2003 Meeting Minutes.

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendation of the City Services Committee

		Present: Supervisors Dufty, Daly

1.	031242	[Participation in the Supportive Transitional Emancipation Program for foster youth]	Supervisors Daly, Dufty, Ammiano
		Ordinance adding Article III to Chapter 20 of the San Francisco Administrative Code to establish participation in the Supportive Transitional Emancipation Program (STEP), in which eligible foster youth may receive financial support while participating in an educational or training program, or any activity consistent with their transitional independent living plan up to 21 years of age pursuant to section 11403.1 of the Welfare and Institutions Code.


		1/6/2004, PASSED ON FIRST READING. Supervisor Ammiano requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Finance and Audits Committee

		Present: Supervisors Peskin, McGoldrick

2.	031506	[Appropriate funding for the sale of school bond proceeds for capital improvement projects on various school facilities]	Mayor, Supervisor Sandoval
		Ordinance appropriating $29,480,000 of school bond proceeds for capital improvement projects on various school facilities, cost of issuance, and other related costs for the San Francisco Unified School District for fiscal year 2003-04.

		(Fiscal impact.)
		1/6/2004, PASSED ON FIRST READING. Supervisor Sandoval requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	031808	[Prevailing Wage Rates]
		Resolution fixing prevailing wage rates for workers performing work under City contracts for public work and improvement; workers performing work under City contracts for janitorial services; and workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City. (Civil Service Commission)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

4.	031845	[Accept-Expend Regional Grant]
		Resolution authorizing the Airport Commission to accept and expend two (2) grants totaling $248,000 from the Bay Area Air Quality Management District (Air District) for acquisition of clean air vehicles by Airport transportation operators. (Airport Commission)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

5.	031910	[Contracting out Janitorial Services]
		Resolution concurring with the Controller's certification that janitorial services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department)

		(Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Land Use Committee
		Present: Supervisors McGoldrick, Maxwell, Ammiano

6.	031193	[Historic District Street Signs]	Supervisor Peskin
		Ordinance adding Traffic Code Section 8 to require that the Department of Parking and Traffic provide information indicating the designated historic district on certain street signs located within a historic district.


		1/6/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

7.	031957	[Mission Bay Owens Street at Park P1 Improvements]
		Ordinance designating a portion of State Trust Parcel 2 adjacent to Park P1 for public right-of-way purposes; approving a map showing such areas and declaring such areas to be open public right-of-way; naming the new right-of-way (Channel); designating street grades, sidewalk widths, and street parking restrictions; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public use and accepting for maintenance responsibilities and liability purposes, subject to specified limitations; accepting an agreement relating to temporary City access, subject to specified limitations; adopting findings that such actions are consistent with the City's General Plan, eight priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 174,529 and authorizing official acts in connection with this ordinance. (Public Works Department)

		(No Public Benefit Recipient.)
		1/6/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	031958	[Mission Bay Third Street/16th Street Utility Project]
		Ordinance recommending the recordation of the conditional irrevocable offer of portions of property adjacent to Third Street; accepting portions of the irrevocable offer for the joint trench acquisition facilities and rejecting the offer of the Pacific Gas & Electric facilities; dedicating said accepted acquisition facilities for right-of-way purposes; designating said accepted acquisition facilities for public use and designating said accepted acquisition facilities for maintenance purposes; accepting the Easement Agreement for public utility purposes; adopting findings that such actions are consistent with the City's General Plan, eight priority policy findings of City's Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 174,530; and authorizing official acts in connection with this ordinance. (Public Works Department)

		(No Public Benefit Recipient.)
		1/6/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules Committee

		Present: Supervisors Hall, Dufty, Gonzalez

9.	032006	[Settlement of Charges]
		Resolution approving the settlement of California Department of Fair Employment and Housing and Equal Employment Opportunity Commission charges, filed by Ana Guevara on September 20, 2002, against the City and County of San Francisco alleging failure to reasonably accommodate and failure to engage in the interactive process under the disability laws. On September 17, 2003, Ana Guevara made a pre-litigation settlement demand to the City regarding her claims. (City Attorney)



		Question: Shall this Resolution be ADOPTED?


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

10.	032053	[Adopting findings related to the determination that the appeal of 701 Lombard St. negative declaration was timely]
		Motion adopting findings related to the determination that the appeal of the negative declaration issued on January 15, 2003 for 701 Lombard Street was timely filed. (Clerk of the Board)

		(Companion measure to Files 031840, 031841, 031842, 031860, 031861, 031862, 031863.)
		12/31/2003, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

11.	032054	[Adopting findings related to the appeal of the negative declaration issued by the Planning Department for the 701 Lombard Street project]
		Motion adopting findings related to the appeal of the negative declaration issued by the Planning Department on January 15, 2003 for 701 Lombard Street project. (Clerk of the Board)

		(Companion measure to Files 031840, 031841, 031842, 031860, 031861, 031862, 031863.)
		12/31/2003, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

	Recommendation of the City Services Committee

		Present: Supervisors Dufty, Ma

12.	031929	[San Francisco Law Library Justice Center]	Mayor, Supervisor Gonzalez
		Resolution in support of the San Francisco Law Library Justice Center at 525 Golden Gate Avenue.


		12/16/2003, CONTINUED. Supervisor Gonzalez requested to be added as a co-sponsor. Continued to January 13, 2004


		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Land Use Committee

		Present: Supervisors McGoldrick, Maxwell, Ammiano

13.	031792	[Residential rent ordinance: limit permissible rent increases under a landlord's Operating and Maintenance petitions to a total of 7% for any unit in any five-year period]	Supervisors Peskin, Daly, Ammiano
		Ordinance amending the Residential Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37) by amending Section 37.8(b)(1) to limit permissible base rent increases based upon a landlord's Operating and Maintenance petitions pending or filed on or after October 28, 2003 for a property with six or more residential units, so that the same landlord may not impose more than a total seven percent (7%) rent increase for any unit in any five (5) year period due to increases in operating and maintenance costs.


		1/6/2004, PASSED ON FIRST READING. Supervisor Ammiano requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules Committee

		Present: Supervisors Hall, Dufty, Peskin

14.	031534	[Appointment]
		Resolution appointing F.X. Crowley, term ending January 31, 2005, to the Golden Gate Bridge, Highway and Transportation District.

		F.X. Crowley, succeeding Robert McDonnell, deceased, seat 2, represents public at large, subject to review and affirmation by the Board of Supervisors in January of each odd-numbered year, for the unexpired portion of a two-year term ending January 31, 2005. Supervisor Dufty dissenting in committee.
		12/16/2003, CONTINUED. Continued to January 13, 2004


		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Finance and Audits Committee

		Present: Supervisors Peskin, Sandoval, McGoldrick

15.	031871	[Appropriate Zygmunt Arendt Fund for the Purchase and Renovation of Property Located at 850 Broderick Street]	Mayor, Supervisor Sandoval
		Ordinance appropriating $3,800,000 of Zygmunt Arendt funding for building purchase and renovation of property located at 850 Broderick Street. Detail includes $3,120,000 for purchasing and closing costs of the property and $680,000 for renovation and maintenance for the Department of Human Services for Fiscal Year 2003-04.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

16.	031887	[Agreement to Purchase 850 Broderick Street]	Mayor, Supervisor Sandoval
		Resolution approving and authorizing an agreement for the purchase of real property located at 850 Broderick Street to house low-income people for a purchase price of $3,100,000; adopting findings that the conveyance is 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 to execute documents, making certain modifications and take certain actions in furtherance of this resolution.

		(Fiscal impact; Companion measure to File 031871.)

		Question: Shall this Resolution be ADOPTED?

17.	031989	[Transfer of City-Owned Property - Public Notice]	Supervisors Dufty, Ma, Hall
		Ordinance amending the San Francisco Administrative Code by adding Section 23.7 to require public notice before the Board of Supervisors may approve the sale, transfer, or other conveyance of City-owned property.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

18.	031551	[Eminent Domain - Resolution of Necessity - 701 Lombard Street]	Supervisor Peskin
		Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code Section 101.1.


		10/7/2003, CONTINUED. Continued to October 21, 2003 at 4:00 p.m.

		10/21/2003, CONTINUED. Continued to November 25, 2003

		11/25/2003, CONTINUED. Supervisor Peskin, seconded by Supervisor Ammiano, moved to continue this matter to December 16, 2003.

		12/16/2003, CONTINUED. Continued to January 13, 2004


		Question: Shall this Resolution be ADOPTED?