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, February 11, 2003
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

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.

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

1. 030196 [Findings related to the conditional use appeal on property located at 2815 Diamond Street, southeast corner of Diamond and Wilder Streets, between Bosworth and Chenery]
Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Application No. 2002.0124CVR, which allows a lot size to exceed 9,999 square feet, permits nonresidential uses over 3,999 square feet (a branch library and grocery store), and allows a public use (library) on a site for a mixed-use development of 15 dwelling units, with approximately 9,200 gross square feet of public use and approximately 7,037 gross square feet of other retail sales and services use, per Section 303 of the Planning Code, in a NC-2, Small Scale Neighborhood Commercial District, and within the 40-X Height and Bulk District, located at 2815 Diamond Street, southeast corner of Diamond and Wilder Streets between Bosworth and Chenery Streets (Lots 025A, 026-029, and 063 in Assessor's Block 6745). (Clerk of the Board)

(Companion measure to Files 030007, 030008, 030009, 030010, 030013.)

2/5/2003, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

Recommendation of the Finance Committee

Present:Supervisors Peskin, Daly, Maxwell

2. 030118 [Settlement of Lawsuit] Supervisors Gonzalez, Peskin, Daly
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Modesto Irrigation District for Declaratory and Injunctive Relief to Validate Termination of Long-Term Power Sales Agreement; the City and County of San Francisco filed the lawsuit on August 16, 2001 in San Francisco Superior Court (San Francisco Superior Court Case No. 323848).

2/4/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules and Audits Committee

Present:Supervisors Hall, Gonzalez, Sandoval

3. 030039 [Amend Administrative Code Article VIII, the San Francisco Museum and Historical Society Advisory Committee] Supervisors Peskin, Newsom, Maxwell
Ordinance amending Article VIII of the San Francisco Administrative Code by amending Section 2A.166 to expand the membership of the San Francisco Museum and Historical Society Advisory Committee ("Committee"), to clarify the Committee's annual reporting requirements and to establish a minimum bi-monthly meeting schedule for the Committee.

2/4/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Transportation and Commerce Committee

Present:Supervisors McGoldrick, Hall, Ammiano

4. 020327 [General Plan Amendment] Supervisor Daly
Ordinance amending the text of the Downtown Element, Objective 12 (Conserve Resources that Provide Continuity with San Francisco's Past), of the City's General Plan to permit transfer of Transferable Development Rights (TDR) from historic/landmark structures within the Yerba Buena Center Redevelopment Project Area to C-3-O zoning districts; adopting findings relating to CEQA and Planning Code Section 101.1 Priority Policies. (Planning Department)

(Planning Commission Resolution No. 16345 adopted February 14, 2002, Case No. 02.1151TT; companion measure to File 020328.)

2/4/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

5. 020328 [Transferable Development Rights] Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending Section 128(c) to permit transfer of Transferable Development Rights (TDR) from historic/landmark structures within the Yerba Buena Center Redevelopment Project Area to C-3-O zoning districts; adopting findings relating to CEQA and Planning Code Section 101.1. (Planning Department)

2/4/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

6. 021941 [Creating Underground District No. 359 on Octavia Street] Supervisor Newsom
Ordinance approving Underground District No. 359 On Octavia Street. (Public Works Department)

(No Public Benefit Recipient.)

2/4/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 021886 [Parking Regulations, portions of Hyde Street]
Ordinance adding Section 32.6.34 to the San Francisco Traffic Code, regarding parking regulations on portions of Hyde Street. (Parking and Traffic Department)

(No Public Benefit Recipient.)

2/4/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

8. 021687 [Designate the Old U.S. Mint At 88 Fifth Street As a Landmark Under Planning Code Article 10] Supervisors Peskin, Ammiano, Hall, McGoldrick, Daly, Newsom, Maxwell
Ordinance Designating 88 Fifth Street, The Old U.S. Mint, Block 3704, Lot 11, As Landmark No. 236 Pursuant To Article 10, Sections 1004 And 1004.4 of the Planning Code.

2/4/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Finance Committee

Present:Supervisors Peskin, Daly, Maxwell

9. 021913 [Expanding eligibility for the heart trouble and pneumonia presumption to certain members of the Police Department and Fire Department] Supervisors McGoldrick, Peskin, Daly, Maxwell
Ordinance amending section 16.86 of the San Francisco Administrative Code to provide that certain prior service in another police or fire department shall be counted toward qualification for the heart trouble and pneumonia presumption.

(Fiscal impact.)
(1/21/03 in Board:Supervisor McGoldrick submitted a substitute ordinance bearing same title.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 022029 [To appropriate funding to accelerate a business tax collection program] Supervisors McGoldrick, Peskin, Daly
Ordinance appropriating $119,652 of Business Tax Revenues to the Treasurer/Tax Collector for the purpose of accelerating a business tax and penalties collection program, for fiscal year 2002-03.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 030045 [Amending the Annual Salary Ordinance to expedite appointments by elected officials] Supervisor Daly
Ordinance amending the Annual Salary Ordinance to provide that elected officials enumerated in Article II and Section 6.100 of the San Francisco Charter may make appointments to permanent positions upon (1) verification by the Human Resources Director that the positions have been legally established and that the appointment is consistent with the Charter and applicable Civil Service Rules and (2) certification by the Controller that sufficient funds are available; and specifying that such appointments do not require approval by the Mayor.

(1/23/03 in Board:Supervisor Daly submitted a substitute ordinance approved as to form, bearing same title.)
(Supervisor Maxwell Dissenting in Committee)

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 021573 [Extends time for performance of PUC contract CS-524 by 3months under last year's funding appropriation, and reserves the Board's right to disapprove the continuation of the contract]
Resolution approving Public Utilities Commission's three month extension of time for the San Francisco Water Alliance to complete work under the second year of the Program Management Services, CS-524; and extending the time from September 21, 2002 to December 21, 2002 when the Board may approve the continuation of the contract upon its review of the Commission's annual evaluation of the contract performance of the San Francisco Water Alliance. (Public Utilities Commission)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

13. 030014 [BART- MUNI Transfer Payment] Supervisors Peskin, Daly
Resolution approving an agreement between the City and County of San Francisco and the Bay Area Rapid Transit District authorizing payment to San Francisco Municipal Railway for transfer trips provided in FY2002 and FY2003. (Municipal Transportation Agency)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

14. 030024 [PUC Contract for Program Management Services, CS-524]
Resolution approving Public Utilities Commission's continuation of Agreement No. CS-524, Program Management Services, with the Water Infrastructure Partners (WIP) through February 28, 2003. (Public Utilities Commission)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

15. 030047 [Recreation and Park--First Amendment to the Beach Chalet Lease] Mayor
Resolution approving the construction of a deck at the rear of the Beach Chalet Building and authorizing an amendment to the lease for the Beach Chalet restaurant. (Mayor)

Question: Shall this Resolution be ADOPTED?

16. 030048 [Issuance and Sale of Single Family Mortgage Revenue Bonds] Mayor, Supervisors Peskin, Daly
Resolution approving, for purposes of Section 147(f) of the Internal Revenue Code of 1986, the issuance and sale of single family mortgage revenue bonds by the City and County of San Francisco in an aggregate principal amount not to exceed $36,000,000. (Mayor)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules and Audits Committee

Present:Supervisors Hall, Gonzalez, Sandoval

17. 030124 [Directing Budget Analyst] Supervisor Gonzalez
Motion directing the Board of Supervisors Budget Analyst to explore budget reduction strategies and revenue enhancement options and prepare recommendations for consideration by the Board of Supervisors Budget Committee for the fiscal year 2003-2004 Annual Appropriation Ordinance and Annual Salary Ordinance.

Question: Shall this Motion be ADOPTED?

18. 030125 [Directing the Budget Analyst] Supervisor Gonzalez
Motion directing the Budget Analyst to include policy recommendations, when deemed appropriate by the Budget Analyst, in its reports to the Board of Supervisors.

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

19. 030098 [Hearing]
Hearing to consider the proposed Fourth Street, Freelon Street, and Welsh Street Special Use District and Zoning Map Amendment. (Clerk of the Board)

(Companion measure to Files 030127, 020550, 020549.)

2/4/2003, CONTINUED. Heard at Public Hearing. Continued to February 11, 2003.

Action:___________________________

Pursuant to Government Code Section 65009, notice is hereby given:If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

Committee of the Whole Rise and Report Without Recommendation

Called from Finance Committee by Supervisor Daly

20. 020549 [Special Use District to allow an approved live/work project convert to residential] Supervisor Daly
Ordinance amending the San Francisco Planning Code by adding Section 249.23 to create the Fourth and Freelon Streets Special Use District encompassing the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street and by adding Section 263.16 to create special height and bulk exceptions for the Fourth and Freelon Streets Special Use District, which would allow previously approved but unbuilt live/work units to convert to market-rate residential units and additional market-rate residential units to be constructed with an allowable increase in height from 50' to 85' and a dwelling unit density governed by the permissible building envelope; provided that (i) the developer shall construct at the developer's sole expense, on land owned or purchased by the developer in either the South of Market Area or the North of Market Residential Special Use District, off-site affordable rental housing with square footage equal to 15% of the total residential units to be constructed offset by the cost of land acquisition, with a minimum of 56 units constructed of no less than 400 square feet each, (ii) the units shall be rental units affordable to low- and lower income households with income not exceeding 50% of San Francisco's median income, which shall remain affordable for for a period of 50 years from their date of initial occupancy, and (iii) upon completion, land title shall be transferred to and the off-site affordable housing building shall be owned, managed and operated by a nonprofit housing organization.If the nonprofit housing organization is dissolved, the affordable housing building and land shall be transferred to another nonprofit housing organization or, if no such organization can be found, shall revert to the City.Approval of the market rate housing project shall be through a conditional use authorization with payment of a $10,000 fee if application is made within one year.

(Companion measure to File 020550; Final Environmental Impact Report, dated September 7, 2000)
(12/9/02 in Board:Supervisor Daly submitted a substitute ordinance bearing new title.)
(1/21/03 From Planning Department:Executive Summary hearing on January 9, 2003 with attachments; Addendum to Final EIR dated November 7, 2002.)

1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

2/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Daly, seconded by Supervisor Dufty, moved an amendment of the whole as further amended on Page 11, line 6 after the word "dissolved" add the words "If no such nonprofit organization can be found, the off-site affordable housing building and the associated land shall revert to the City."On page 13, line 16after the words "on-site" ad the words "pursuant to the provision of Section 315.4 of this code in the Event that no off-site project is built by the project applicant." Motion carried by the following vote: Ayes: 11 Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval. Supervisor Peskin, seconded by Supervisor Daly, moved an amendment on page 10, line 15 delete the words "after offsetting the land acquisition costs," and replace it with "shall contain a

2/4/2003, CONTINUED AS AMENDED ON FIRST READING.

Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 020550 [Zoning Map Amendment] Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco to change the use classification and the height and bulk designation of the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street.

(Final Environmental Impact Report, dated September 7, 2000)
(12/9/02 in Board: Supervisor Daly submitted a substitute ordinance bearing same title.)

1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

2/4/2003, PASSED ON FIRST READING. Supervisor Daly, seconded by Supervisor McGoldrick, moved to vote on the legislation. Motion carried by the following vote: Ayes: 11 Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Question: Shall this Ordinance be FINALLY PASSED?

COMMITTEE REPORTS

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

From Finance Committee

The following items will be considered by the Finance Committee at a Regular Meeting on Wednesday, February 5, 2003.The Chair intends to request the Committee to send the following items to the Board as a committee report.

22. 021995 [Revising administration of Police Emergency Alarm Ordinance] Mayor, Supervisor Daly
Ordinance amending the San Francisco Police Code by amending Sections 3702, 3707 through 3710, and 3711 through 3720, by adding Sections 3710.1 through 3710.9 and a new Section 3721, and by re-numbering current Section 3721 as Section 3722, to give the Director of Emergency Communications responsibility for administering the substantive provisions of the Police Emergency Alarm Ordinance and to provide for billing and collection of license and license renewal fees by alarm companies. (Mayor)

Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 030102 [Authorize DPW to accept and expend $20,911,134 to rehabilitate the Fourth Street Bridge over Mission Bay Channel] Supervisors Daly, Maxwell
Resolution authorizing the Department of Public Works to retroactively accept and expend a grant in the amount of $8,438,760 in Federal Highway Bridge Replacement and Rehabilitation (HBRR) program funds, $9,977,898 in Federal Seismic funds, and $2,494,475 in State Seismic funds, for a total of $20,911,134 in grant funds from the Federal Department of Transportation (FHWA) through the State Department of Transportation (Caltrans) to seismically retrofit and rehabilitate the Fourth Street Bridge over the Mission Bay Channel Waterway in China Basin; reserving $488,733 in grant funds that may be returned to the General Fund without a need to release the reserve.

1/27/2003, REFERRED to Finance Committee.

Question: Shall this Resolution be ADOPTED?

From Rules and Audits Committee

The following items will be considered by the Rules and Audits Committee at a Special Meeting on Monday,February 10, 2003.The Chair intends to request the Committee to send the following items to the Board as a committee report.

24. 030180 [Amending Rules 3.7 and 3.8 of the Rules of Order governing the reporting of legislation from Board Committees to the Board] Supervisor McGoldrick
Motion amending Rules 3.7 and 3.8 of the Rules of Order of the Board of Supervisors to provide that Board Committees have until 9:00 a.m. on Thursdays to report legislation to the Board for the following Tuesday's Board meeting, except that legislation reported by the Rules Committee at a Wednesday meeting must be submitted to the Clerk by 12:00 noon that day to be considered at the following Tuesday's meeting.

Question: Shall this Motion be ADOPTED?

25. 030154 [Rules of Order to limit three unexcused absences for Supervisor from Commitee] Supervisor Peskin
Motion amending the Rules of the Board of Supervisors to provide that if a Supervisor has more than three unexcused absences from a Committee during a six-month period, the Supervisor shall have vacated the Committee position, and the President shall be requested to fill the Committee vacancy.

Question: Shall this Motion be ADOPTED?

26. 030175 [Amend Rules of Order - Committee Size] Supervisor Gonzalez
Motion amending the Rules of Order of the Board of Supervisors of the City and County of San Francisco, by amending Section 5.12 to provide that all standing and special committees shall be comprised of three Supervisors.

Question: Shall this Motion be ADOPTED?

27. 030076 [Supervisors serving on outside Boards and Commissions] Supervisor Gonzalez
Motion amending Rule 6.15 of the Rules of Order of the Board of Supervisors to provide that before a Supervisor may be appointed to a second outside Board of Commission (excluding the San Francisco LAFCO and the Transportation Authority) every other Supervisor shall have been given the opportunity to serve on at least one outside Board of Commission.

Question: Shall this Motion be ADOPTED?

28. 030176 [Appointment, Public Utilities Commission]
Motion approving the Mayor's re-appointment of Ashok Bhatt to the Public Utilities Commission, for the term ending January 15, 2007. (Mayor)

Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Companion measure to Files 030177 and 030178.
Transmittal date - January 30, 2003.

Question: Shall this Motion be ADOPTED?

29. 030177 [Appointment, Public Utilities Commission]
Motion rejecting the Mayor's re-appointment of Ashok Bhatt to the Public Utilities Commission. (Mayor)

Question: Shall this Motion be ADOPTED?

30. 030178 [Appointment, Public Utilities Commission]
Motion taking no position concerning the Mayor's re-appointment of Ashok Bhatt to the Public Utilities Commission, for term ending January 15, 2007. (Mayor)

Question: Shall this Motion be ADOPTED?

31. 022042 [Planning Audit Implementation Advisory Group] Supervisor McGoldrick
Resolution establishing an 11-member Planning Audit Implementation Advisory Group to advise the Board of Supervisors and the Planning Department on implementing the recommendations of the Budget Analyst in his Management Audit of the Planning Department, directing the Advisory Group to produce a report to the Board by May 30, 2003, directing the Director of Planning to provide staff assistance to the Advisory Group, and providing that the Advisory Group shall sunset its operations on July 30, 2003 unless extended by the Board of Supervisors.

Question: Shall this Resolution be ADOPTED?

32. 030183 [EstablishWest Geary Boulevard Working Group] Supervisor McGoldrick
Motion establishing the West Geary Boulevard Working Group to review and analyze proposals for changes in land use and transportation along the Geary corridor west of Van Ness Avenue, including, but not limited to the Municipal Railway's "Visions for Rapid Transit in San Francisco," former Supervisor Leno's proposal for "Trans-Oriented Neighborhood Commercial Districts and Transit Intensive Special Use Districts," and to develop a consensus document exploring the advisability of increases in density along the Geary corridor west of Van Ness with corresponding improvements in transit service and other related neighborhood improvements, and recommending steps to realize such improvements.

Question: Shall this Motion be ADOPTED?

33. ROLL CALL FOR INTRODUCTIONS

Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney.

34. 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 35 through 45

35. 030153 [City and School District Off-Site Meeting] Supervisor Ammiano
Motion ordering the City and School District Committee meetings of the Board of Supervisors be held at the Irving G. Breyer Board Meeting Room, Board of Education, 555 Franklin Street, First Floor, San Francisco, on April 16, June 18, August 20, October 15, and December 17, 2003 at 3:00 P.M.; and directing the Clerk of the Board to prepare the proper notices and postings.

1/27/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

2/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Ammiano requested that this matter be severed so that it could be considered separately.

2/4/2003, CONTINUED AS AMENDED. Continued to February 11, 2003.

Question: Shall this Motion be ADOPTED?

36. 030161 [Accept- Expend State Grant] Supervisor Maxwell
Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of approximately $178,750 from the California Energy Commission to support a peak load reduction project at Moscone Convention Center.

(No Public Benefit Recipient.)

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 030162 [Accept- Expend State Grant] Supervisor Maxwell
Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of approximately $2,127,054 from PG&E's Self-Generation Incentive Program to support a Design-Build contract for a renewable energy solar power plant project at the Moscone Convention Center.

(No Public Benefit Recipient.)

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 030181 [Urging End to Discrimination in Marriage Law] Supervisors Ammiano, Daly, Dufty, Maxwell
Resolution urging Governor Gray Davis and the California State Legislature to end discrimination against lesbian; gay; bisexual, and transgender people by repealing discriminatory marriage laws in California.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 030182 [Urging Exemption of Solar Energy Systems] Supervisor Ammiano
Resolution urging the California Public Utilities Commission to exempt all solar energy systems from exit fees and pursue policies that promote solar and other renewable energy sources.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 030193 [Expenditures from Zygmunt Arendt Estate] Supervisor Gonzalez
Resolution amending Resolution Number 302-99, which approved the following recommendations from the Executive Director of the Department of Human Services for expenditures from the Zygmunt Arendt estate: 1) to distribute the portion of the bequest designated for the most needy seniors and disabled children to organizations that serve those groups; and 2) to distribute the portion intended to assist the poor and needy on special supportive services for indigent adults participating in self-sufficiency programs who are otherwise ineligible for MediCal-funded services, such as dental, eye and medical care, and other basic needs not funded through existing programs; by approving modified recommendations from the Executive Director of the Department of Human Services as follows: 1) to allocate the portions designated for the poor and needy people of San Francisco and the most needy seniors for housing and related services for those designees.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 030195 [Commend Raja Rahim] Supervisor Maxwell
Resolution commending Raja Rahim and other 2002 California Peace Prize awardees for their commitment and achievements in preventing violence in their communities and improving the health of the people of California.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 030197 [Funding SF Ferry Service] Supervisors Newsom, Peskin
Resolution in support of funding future San Francisco ferry service from a portion of new state bridge toll revenues and San Francisco County sales tax extension revenues, and supporting the San Francisco Bay Area Water Transit Authority's Implementation and Operations Plan for creating those ferry services.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 030202 [US Flag Cruise Ships] Supervisor Newsom
Resolution urging the drafting of legislation to provide for foreign-built, U.S.-flag cruise ships in the coastal United States similar to the Inouye amendment for Hawaii.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

44. 030205 [Mixed use at 10th and Market Streets] Supervisor Daly
Resolution endorsing the concept of a mixed-use development project at 10th and Market Streets including affordable and market rate housing and a new City office building, and directing City staff to identify the key terms and conditions of agreements effectuating such a project.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

45. 030204 [Legislative Analyst Budget Consideration] Supervisor Daly
Motion directing the Office of the Legislative Analyst to provide budget-related staff support to the Budget Committee and to provide a list of potential cost-saving measures resulting from this and other work to the Budget Committee for their consideration.

2/4/2003, 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:_________________________________________

46. 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 January 28, 2003 through noon on February 3, 2003, for reference by President to appropriate committee on Februarjy 11, 2003.

030155 [1250 Haight Street - Special Use Districtto create Haight Street Senior Affordable Housing]
Ordinance amending the San Francisco Planning Code by adding Section 249.23 to create a Senior Affordable Housing Special Use District of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

(Companion measure to Files 030155, 030156, 030157, 030158; Planning Resolution Nos. 16500 and 16501 adopting all four proposed Planning Code and Zoning Map amendments (Reclassification Application No. 2002.0451CTZ on December 19, 2002; Motion No. 16502 approving Conditional Use Application No. 2002.0451CTZ on December 19, 2002; Certificate of Determination/Exclusion from CEQA Environmental Review dated September 10, 2002; No Public Benefit Recipient.)

1/30/2003, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

2/4/2003, TRANSFERRED to Land Use Committee. New committee structure 2/17/03.

030156 [1250 Haight Street - Special Use District to create Special Height Exception for the Haight Street Senior Affordable Housing]
Ordinance amending the San Francisco Planning Code by adding Section 263.16 to create a special height control for the Haight Street Senior Affordable Housing Special Use District of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

1/30/2003, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

2/4/2003, TRANSFERRED to Land Use Committee. New committee structure 2/17/03.

030157 [1250 Haight Street - Zoning Map Change from RM-1 to RM-1 and Haight Street Senior Affordable Housing SUD]
Ordinance amending the Zoning Map of the City and County of San Francisco for change in property use classification of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue, from an RM-1 (Residential, Mixed, Low Density) District to an RM-1 (Residential, Mixed, Low Density) District and the Haight Street Senior Affordable Housing Special Use District; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

1/30/2003, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

2/4/2003, TRANSFERRED to Land Use Committee. New committee structure 2/17/03.

030158 [1250 Haight Street - Zoning Map Change from 40-Xto 40-X and 60-X Height and Bulk District]
Ordinance amending the Zoning Map of the City and County of San Francisco for change in property height classification of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue, from 40-X Height and Bulk District to 60-X Height and Bulk District; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

1/30/2003, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

2/4/2003, TRANSFERRED to Land Use Committee. New committee structure 2/17/03.

PROPOSED RESOLUTIONS

Proposed resolutions received from January 28, 2003 through noon on February 3, 2003, for reference by President to appropriate committee on Februarjy 11, 2003.

030160 [Accept-Expend Foundation Grant]
Resolution authorizing the Department of Environment to accept and expend a grant in the amount of $15,000 from the San Francisco Foundation for providing technical assistance to schools that are starting and maintaining organics waste collection programs. (Environment)

(No Public Benefit Recipient.)

2/4/2003, RECEIVED AND ASSIGNED to Health and Human Services Committee.

030211 [Accept- Expend Federal Grant]
Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $50,000 from the U.S. Department of Energy for the promotion of renewable energy through the Million Solar Roofs Grant Program. (Public Utilities Commission)

(No Public Benefit Recipient.)

1/30/2003, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee.

2/4/2003, TRANSFERRED to City Services Committee. Transferred pursuant to new committee structure, 2/17/03.

030214 [Accept-Expend Gift]
Resolution authorizing the San Francisco Public Library to accept and expend a gift in the amount of $52,000 from the Friends and Foundation of the San Francisco Public Library for the James C. Hormel Gay and Lesbian Center. (Public Library)

(No Public Benefit Recipient.

2/3/2003, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee.

2/4/2003, REFERRED TO DEPARTMENT. Referred to the Youth Commission for comment and recommendation.

030216 [Petitions and Communications]
Petitions and Communications received from January 30, 2003 through noon on February 5, 2003 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on February 11, 2003.

From Ethics Commission, submitting summary of lobbyist activity for political contributions for the fourth quarter of 2002. (1)

From Citizen Review, submitting support for appeal of Conditional Use Approval by the Planning Commission for property located at 2815 Diamond Street. (2)

From Alice Suet Yee Barkley, submitting support for proposed legislation (sponsored by Supervisor Daly) that will reclassify the entire block("Fourth/Freelon SUD") as a Special Use District.File 030098,Copy: Each Supervisor (3)

From Civil Service Commission, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-037)Copy: Supervisor McGoldrick (4)

From Office of the City Administrator, submitting list of agencies receiving grants from the Neighborhood Beautification Fund.(Reference No. 20021216-061)Copy: Supervisor Hall (5)

From Office of the City Administrator, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-071)Copy: Supervisor Hall (6)

From Chief Medical Examiner, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-075)Copy: Supervisor McGoldrick (7)

From Department of Public Health, submitting copy of draft FY 03-04 budget for consideration and approval by the Health Commission.Copy: Each Supervisor (8)

From Department of Child Support Services, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-034)Copy: Supervisor McGoldrick (9)

From Department of Human Services, regarding lack of recipients of Department of Human Services funds in District 11.(Reference No. 20021216-004)Copy: Supervisor Sandoval (10)

From Board of Appeals, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-068)Copy: Supervisor McGoldrick (11)

From Police Department, submitting name of Captain Steven Tacchini of Central Station as representative to the Skateboarding Task Force.Copy: Supervisor Newsom (12)

From Civil Service Commission, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-037)Copy: Supervisor McGoldrick (13)

From Emergency Communications Department, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-029)Copy: Supervisor McGoldrick (14)

From Fire Department, submitting notice of annual inspection relating to fire and life safety was conducted at SF Sheriff's Department, County Jail #9 at 425 7th Street on January 6, 2003. (15)

From concerned citizens, submitting petition in support of the "4th and Freelon Streets" Special Use District.File 030098,Copy: Each Supervisor (16)

From concerned citizens, regarding safety in the Glen Park neighborhood by mitigating a compromise with the developers of the Glen Park Marketplace.File 030007,Copy: Each Supervisor (17)

From concerned citizen, suggesting property owners of illegal rentals (in-law units) in the City and County of San Francisco comply with the City's Codes, pay taxes on these units and report them to the IRS if they refuse to obey the law. (18)

From Sunshine Ordinance Task Force, submitting Order of Determination (dated January 28, 2003) regarding complaint of Michael Stoll against the Board of Supervisors regarding failure to release information. (19)

From Tim Lefkowicz, regarding citizens that operate recurring garage sales, which are, no more than cleverly disguised rummage side businesses. (20)

From Board of Appeals, submitting notice that members of the public and other non-parties may submit letters of support/opposition to an appeal no later than 4 p.m. Thursday prior to scheduled hearing.(21)

From Office of the Assessor-Recorder, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-027)Copy: Supervisor Hall (22)

From Outer Mission Residents Association, submitting opposition to proposed resolution urging the Recreation and Park Department to retain the Balboa Pool at its current location and keep Balboa Park consistent with other public park uses.File 030106,Copy: Supervisor Sandoval (23)

From Airport Commission, submitting expenditure reports that summarize spending by the Airport for Airfield tasks for each fiscal year by Section. (24)

From Office of the Controller, submitting amendment to Memorandum of Understanding with Local 856 Supervising Registered Nurses.File 030089,Copy: Finance Committee (25)

From Office of the Controller, submitting amendment to Memorandum of Understanding with Local 790 Staff and Per Diem Nurses.File 030088,Copy: Finance Committee (26)

From Department of Aging and Adult Services, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-051)Copy: Supervisor Hall (27)

From SF Convention Facilities, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-088)Copy: Supervisor McGoldrick (28)

From Muni, regarding duties and functions of Muni's long term planners and how they interact with planners in other City departments.(Reference No. 20021216-20)Copy: Supervisor Hall (29)

From Department of Building Inspection, regarding policy on temporary placement of construction materials or construction refuses on City streets. (Reference No. 20030113-014)Copy: Supervisor McGoldrick (30)

From Danielle Steel, submitting request that the "17 Reasons Sign" in the Mission District be put back up.File 021653 (31)

From SF Superior Court, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-051)Copy: Supervisor McGoldrick (32)

From Office of the Controller, submitting Biannual Overtime Report. (33)

From Department of Parking and Traffic, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-058)Copy: Supervisor McGoldrick (34)

From Department of Parking and Traffic, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-055)Copy: Supervisor McGoldrick (35)

From Department of Parking and Traffic, regarding information sharing with the Police Department relating to stolen vehicles.(Reference No. 20021125-002)(36)

From Department of Parking and Traffic, regarding a pending hearing on public safety policies regarding individuals living in vehicles.(Reference No. 20021216-006)Copy: Supervisors McGoldrick, Sandoval(37)

From Fire Department, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-047)Copy: Supervisor McGoldrick (38)

From Mayor's Office of Neighborhood Services, regarding the status of available funding a San Francisco Day Labor Program. (39)

From Youth Commission, submitting opinion on proposed resolution establishing a multi-disciplinary task force on childhood obesity and related diabetes and resolution urging the Governor of California and the California State Legislature to cut prison spending and redirect that money to fund education.Files 021951, 030148 (40)

From Ethics Commission, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-044) Copy: Supervisor McGoldrick (41)

From SF Architectural Heritage, regarding landmark status of the Market Street Railway Substation, Landmark 105 located at the southeast corner of Turk and Fillmore Streets.(42)

From Department of Human Resources, submitting annual report for 2001-02. (43)

From Office of the Controller, submitting Audited Financial Report for 2001-02. (44)

From Police Department, regarding Ordinance 126-01, Equal Access to City Schools for Limited English Speakers. (45)

MAYOR'S APPOINTMENTS

Health Commission
Michael Penn Jr.

Arts Commission
Ralph J. Guggenheim
Janice Mirikitani

Commission on the Status of Women
Dorka Keehn

Police Commission
Connie M. Perry

Taxi Commission
Martin B. Smith

Retirement Board
Brenda Wright

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, CA94102.
Agenda are available on the internet at www.ci.sf.ca.us/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 409, by phone at (415) 554-7724, by fax at (415) 554-5784 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

	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.


1.	030196	[Findings related to the conditional use appeal on property located at 2815 Diamond Street, southeast corner of Diamond and Wilder Streets, between Bosworth and Chenery]
		Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Application No. 2002.0124CVR, which allows a lot size to exceed 9,999 square feet, permits nonresidential uses over 3,999 square feet (a branch library and grocery store), and allows a public use (library) on a site for a mixed-use development of 15 dwelling units, with approximately 9,200 gross square feet of public use and approximately 7,037 gross square feet of other retail sales and services use, per Section 303 of the Planning Code, in a NC-2, Small Scale Neighborhood Commercial District, and within the 40-X Height and Bulk District, located at 2815 Diamond Street, southeast corner of Diamond and Wilder Streets between Bosworth and Chenery Streets (Lots 025A, 026-029, and 063 in Assessor's Block 6745). (Clerk of the Board)

		(Companion measure to Files 030007, 030008, 030009, 030010, 030013.)
		2/5/2003, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

	Recommendation of the Finance Committee






		Present:Supervisors Peskin, Daly, Maxwell


2.	030118	[Settlement of Lawsuit]	Supervisors Gonzalez, Peskin, Daly
		Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Modesto Irrigation District for Declaratory and Injunctive Relief to Validate Termination of Long-Term Power Sales Agreement; the City and County of San Francisco filed the lawsuit on August 16, 2001 in San Francisco Superior Court (San Francisco Superior Court Case No. 323848).


		2/4/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules and Audits Committee






		Present:Supervisors Hall, Gonzalez, Sandoval


3.	030039	[Amend Administrative Code Article VIII, the San Francisco Museum and Historical Society Advisory Committee]	Supervisors Peskin, Newsom, Maxwell
		Ordinance amending Article VIII of the San Francisco Administrative Code by amending Section 2A.166 to expand the membership of the San Francisco Museum and Historical Society Advisory Committee ("Committee"), to clarify the Committee's annual reporting requirements and to establish a minimum bi-monthly meeting schedule for the Committee.


		2/4/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Transportation and Commerce Committee






		Present:Supervisors McGoldrick, Hall, Ammiano


4.	020327	[General Plan Amendment]	Supervisor Daly
		Ordinance amending the text of the Downtown Element, Objective 12 (Conserve Resources that Provide Continuity with San Francisco's Past), of the City's General Plan to permit transfer of Transferable Development Rights (TDR) from historic/landmark structures within the Yerba Buena Center Redevelopment Project Area to C-3-O zoning districts; adopting findings relating to CEQA and Planning Code Section 101.1 Priority Policies. (Planning Department)

		(Planning Commission Resolution No. 16345 adopted February 14, 2002, Case No. 02.1151TT; companion measure to File 020328.)
		2/4/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


5.	020328	[Transferable Development Rights]	Supervisor Daly
		Ordinance amending the San Francisco Planning Code by amending Section 128(c) to permit transfer of Transferable Development Rights (TDR) from historic/landmark structures within the Yerba Buena Center Redevelopment Project Area to C-3-O zoning districts; adopting findings relating to CEQA and Planning Code Section 101.1. (Planning Department)


		2/4/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


6.	021941	[Creating Underground District No. 359 on Octavia Street]	Supervisor Newsom
		Ordinance approving Underground District No. 359 On Octavia Street. (Public Works Department)

		(No Public Benefit Recipient.)
		2/4/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


7.	021886	[Parking Regulations, portions of Hyde Street]
		Ordinance adding Section 32.6.34 to the San Francisco Traffic Code, regarding parking regulations on portions of Hyde Street. (Parking and Traffic Department)

		(No Public Benefit Recipient.)
		2/4/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


8.	021687	[Designate the Old U.S. Mint At 88 Fifth Street As a Landmark Under Planning Code Article 10]	Supervisors Peskin, Ammiano, Hall, McGoldrick, Daly, Newsom, Maxwell
		Ordinance Designating 88 Fifth Street, The Old U.S. Mint, Block 3704, Lot 11, As Landmark No. 236 Pursuant To Article 10, Sections 1004 And 1004.4 of the Planning Code.


		2/4/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Finance Committee






		Present:Supervisors Peskin, Daly, Maxwell


9.	021913	[Expanding eligibility for the heart trouble and pneumonia presumption to certain members of the Police Department and Fire Department]	Supervisors McGoldrick, Peskin, Daly, Maxwell
		Ordinance amending section 16.86 of the San Francisco Administrative Code to provide that certain prior service in another police or fire department shall be counted toward qualification for the heart trouble and pneumonia presumption.

		(Fiscal impact.) (1/21/03 in Board:Supervisor McGoldrick submitted a substitute ordinance bearing same title.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


10.	022029	[To appropriate funding to accelerate a business tax collection program]	Supervisors McGoldrick, Peskin, Daly
		Ordinance appropriating $119,652 of Business Tax Revenues to the Treasurer/Tax Collector for the purpose of accelerating a business tax and penalties collection program, for fiscal year 2002-03.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


11.	030045	[Amending the Annual Salary Ordinance to expedite appointments by elected officials]	Supervisor Daly
		Ordinance amending the Annual Salary Ordinance to provide that elected officials enumerated in Article II and Section 6.100 of the San Francisco Charter may make appointments to permanent positions upon (1) verification by the Human Resources Director that the positions have been legally established and that the appointment is consistent with the Charter and applicable Civil Service Rules and (2) certification by the Controller that sufficient funds are available; and specifying that such appointments do not require approval by the Mayor.

		(1/23/03 in Board:Supervisor Daly submitted a substitute ordinance approved as to form, bearing same title.) (Supervisor Maxwell Dissenting in Committee)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


12.	021573	[Extends time for performance of PUC contract CS-524 by 3months under last year's funding appropriation, and reserves the Board's right to disapprove the continuation of the contract]
		Resolution approving Public Utilities Commission's three month extension of time for the San Francisco Water Alliance to complete work under the second year of the Program Management Services, CS-524; and extending the time from September 21, 2002 to December 21, 2002 when the Board may approve the continuation of the contract upon its review of the Commission's annual evaluation of the contract performance of the San Francisco Water Alliance. (Public Utilities Commission)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


13.	030014	[BART- MUNI Transfer Payment]	Supervisors Peskin, Daly
		Resolution approving an agreement between the City and County of San Francisco and the Bay Area Rapid Transit District authorizing payment to San Francisco Municipal Railway for transfer trips provided in FY2002 and FY2003. (Municipal Transportation Agency)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


14.	030024	[PUC Contract for Program Management Services, CS-524]
		Resolution approving Public Utilities Commission's continuation of Agreement No. CS-524, Program Management Services, with the Water Infrastructure Partners (WIP) through February 28, 2003. (Public Utilities Commission)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


15.	030047	[Recreation and Park--First Amendment to the Beach Chalet Lease]	Mayor
		Resolution approving the construction of a deck at the rear of the Beach Chalet Building and authorizing an amendment to the lease for the Beach Chalet restaurant. (Mayor)



		Question: Shall this Resolution be ADOPTED?


16.	030048	[Issuance and Sale of Single Family Mortgage Revenue Bonds]	Mayor, Supervisors Peskin, Daly
		Resolution approving, for purposes of Section 147(f) of the Internal Revenue Code of 1986, the issuance and sale of single family mortgage revenue bonds by the City and County of San Francisco in an aggregate principal amount not to exceed $36,000,000. (Mayor)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules and Audits Committee




		Present:Supervisors Hall, Gonzalez, Sandoval


17.	030124	[Directing Budget Analyst]	Supervisor Gonzalez
		Motion directing the Board of Supervisors Budget Analyst to explore budget reduction strategies and revenue enhancement options and prepare recommendations for consideration by the Board of Supervisors Budget Committee for the fiscal year 2003-2004 Annual Appropriation Ordinance and Annual Salary Ordinance.



		Question: Shall this Motion be ADOPTED?


18.	030125	[Directing the Budget Analyst]	Supervisor Gonzalez
		Motion directing the Budget Analyst to include policy recommendations, when deemed appropriate by the Budget Analyst, in its reports to the Board of Supervisors.



		Question: Shall this Motion be ADOPTED?

	Board of Supervisors Sitting as a Committee of the Whole


19.	030098	[Hearing]
		Hearing to consider the proposed Fourth Street, Freelon Street, and Welsh Street Special Use District and Zoning Map Amendment. (Clerk of the Board)

		(Companion measure to Files 030127, 020550, 020549.)
		2/4/2003, CONTINUED. Heard at Public Hearing. Continued to February 11, 2003.


		Action:___________________________




	Pursuant to Government Code Section 65009, notice is hereby given:If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

	Committee of the Whole Rise and Report Without Recommendation


20.	020549	[Special Use District to allow an approved live/work project convert to residential]	Supervisor Daly
		Ordinance amending the San Francisco Planning Code by adding Section 249.23 to create the Fourth and Freelon Streets Special Use District encompassing the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street and by adding Section 263.16 to create special height and bulk exceptions for the Fourth and Freelon Streets Special Use District, which would allow previously approved but unbuilt live/work units to convert to market-rate residential units and additional market-rate residential units to be constructed with an allowable increase in height from 50' to 85' and a dwelling unit density governed by the permissible building envelope; provided that (i) the developer shall construct at the developer's sole expense, on land owned or purchased by the developer in either the South of Market Area or the North of Market Residential Special Use District, off-site affordable rental housing with square footage equal to 15% of the total residential units to be constructed offset by the cost of land acquisition, with a minimum of 56 units constructed of no less than 400 square feet each, (ii) the units shall be rental units affordable to low- and lower income households with income not exceeding 50% of San Francisco's median income, which shall remain affordable for for a period of 50 years from their date of initial occupancy, and (iii) upon completion, land title shall be transferred to and the off-site affordable housing building shall be owned, managed and operated by a nonprofit housing organization.If the nonprofit housing organization is dissolved, the affordable housing building and land shall be transferred to another nonprofit housing organization or, if no such organization can be found, shall revert to the City.Approval of the market rate housing project shall be through a conditional use authorization with payment of a $10,000 fee if application is made within one year.

		(Companion measure to File 020550; Final Environmental Impact Report, dated September 7, 2000) (12/9/02 in Board:Supervisor Daly submitted a substitute ordinance bearing new title.) (1/21/03 From Planning Department:Executive Summary hearing on January 9, 2003 with attachments; Addendum to Final EIR dated November 7, 2002.)
		1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

		2/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Daly, seconded by Supervisor Dufty, moved an amendment of the whole as further amended on Page 11, line 6 after the word "dissolved" add the words "If no such nonprofit organization can be found, the off-site affordable housing building and the associated land shall revert to the City."On page 13, line 16after the words "on-site" ad the words "pursuant to the provision of Section 315.4 of this code in the Event that no off-site project is built by the project applicant." Motion carried by the following vote: Ayes: 11 Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval. Supervisor Peskin, seconded by Supervisor Daly, moved an amendment on page 10, line 15 delete the words "after offsetting the land acquisition costs," and replace it with "shall contain a

		2/4/2003, CONTINUED AS AMENDED ON FIRST READING.


		Question: Shall this Ordinance be PASSED ON FIRST READING?


21.	020550	[Zoning Map Amendment]	Supervisor Daly
		Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco to change the use classification and the height and bulk designation of the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street.

		(Final Environmental Impact Report, dated September 7, 2000) (12/9/02 in Board: Supervisor Daly submitted a substitute ordinance bearing same title.)
		1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

		2/4/2003, PASSED ON FIRST READING. Supervisor Daly, seconded by Supervisor McGoldrick, moved to vote on the legislation. Motion carried by the following vote: Ayes: 11 Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval


		Question: Shall this Ordinance be FINALLY PASSED?