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

seal of the city and county of sf

AGENDA
Tuesday, September 30, 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
Motion to approve the August 26, 2003 Board 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 22

Recommendations of the City Services Committee
Present: Supervisors Dufty, Ma

1. 031382 [Provide assertive case management to people with HIV and substance abuse and mental disorders] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPH, AIDS) to accept retroactively and expend a grant in the amount of $490,947 from the Substance Abuse and Mental Health Services Administration (SAMHSA) for assertive case management for triply-diagnosed people and to enter into an agreement for the use of these funds; for the period of June 1, 2003, to May 30, 2004. (Public Health Department)
(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

2. 031444 [Contract funds for SFHIV Vaccine Clinical Trials Unit, 2003 to 2004] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $405,101 with Public Health Foundation Enterprises Inc. (PHFE), the primary contractor, to fund the fourth year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a unit of the HIV Vaccine Trials Network (HVTN); for the period of June 1, 2003 to May 31, 2004. (Public Health Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

3. 031447 [Accept-Expend State Grant] Supervisor Dufty
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $25,000 from the California Integrated Waste Management Board for a project that will incorporate recycled tire rubber surfaces in the Golden Gate Concourse Underground Parking Facility. (Environment)
(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

4. 031453 [FY 2003-2004 State grant funds to the Department of Public Health from the California Department of Health Services] Supervisor Dufty
Resolution authorizing the acceptance and expenditure of State recurring grant funds by the San Francisco Department of Public Health for FY 2003-2004. (Public Health Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

5. 031454 [Treatment of Latent Tuberculosis Infection in refugees newly arriving in San Francisco.] Supervisor Dufty
Resolution authorizing the San Francisco Department of Public Health, Newcomers Health Program (SFDPH, Newcomers) to accept and expend retroactively a new continuing grant in the initial amount of $45,000, from the State Department of Health Services, Refugee Health (DHS, RH) to improve treatment of Latent Tuberculosis Infection (LTBI) in refugees newly arriving in San Francisco; for the period of August 1, 2003, to June 30, 2004. (Public Health Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

6. 031493 [Accept-Expend Federal Grant] Supervisor Dufty
Resolution authorizing the San Francisco Fire Department of to accept and expend a grant in the amount of $211,975 from the Federal Emergency Management Agency (FEMA) to acquire 208 one-hour Self-Contained Breathing Apparatus (SCBA) Air Bottles, a mobile breathing air compressor unit, and a portable auxiliary communication repeater unit. (Fire Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee
Present: Supervisors Peskin, Sandoval, McGoldrick

7. 031317 [MOU - Police Officers' Association (SFPOA)] Mayor, Supervisor Dufty
Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers' Association (SFPOA), to be effective July 30, 2003 through June 30, 2007.
(Fiscal impact.)

9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

8. 031383 [Setting San Francisco's fiscal year 2003-2004 property tax rate and establishing pass-through rate for residential tenants]
Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2004. (Controller)
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

9. 031388 [Setting San Francisco's Unified School District's FY 2003-2004 property tax rate to be included in the City's overall property tax rate]
Ordinance providing revenue and levying property taxes for San Francisco Unified School District's purposes for the fiscal year ending June 30, 2004. (Controller)
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

10. 031393 [Setting S.F. Community College District's fiscal year 2003-2004 property tax rate to be included in the City's overall property tax rate]
Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2004. (Controller)
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

11. 031396 [Appropriate funding to offset the loss of parking revenue for not charging parking in Golden Gate Park] Supervisors Daly, Sandoval
Ordinance appropriating $500,000 from the General Fund Reserve and rescinding $700,000 in parking revenues and $200,000 of professional services to offset the loss of parking revenue for not charging for parking in Golden Gate Park for Recreation and Parks Department for fiscal year 2003-2004.
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

12. 031400 [MOU Amendment No 1 - International Brotherhood of Electrical Workers, Local 6] Mayor
Ordinance adopting and implementing Amendment No. 1 to the Memorandum of Understanding between the City and County of San Francisco and the International Brotherhood of Electrical Workers, Local 6, by adding paragraph 149a, which provides for a premium to certain classes providing signal operations at the Department of Parking and Traffic, which was inadvertently omitted from the MOU, to be effective July 1, 2003 through June 30, 2005.
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

13. 031425 [Appropriate funding for the Art Commission for municipal symphony concerts using property tax revenue]
Ordinance appropriating $23,273 for the municipal symphony concerts using property tax revenue, pursuant to Charter Section 16.106(1) for the Art Commission for fiscal year 2003-04. (Controller)
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

14. 031253 [Contracting out Convention Facilities management, operation and maintenance services]
Resolution concurring with the Controller's certification that Convention Facilities management, operation and maintenance services can be practically performed at Bill Graham Civic Auditorium and the Moscone Center by private contractor for a lower cost than similar work services performed by City and County employees. (Administrative Services Department)
Question: Shall this Resolution be ADOPTED?

15. 031307 [Extending provisional appointments]
Resolution approving extension to June 30, 2004 of provisional appointments of employees in classifications 1270 Departmental Personnel Officer, 1272 Senior Departmental Personnel Officer, 1458 Legal Secretary I, 1460 Legal Secretary II, 1820 Junior Administrative Analyst, and 1932 Assistant Storekeeper. (Human Resources Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

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

16. 031439 [Speed Limit - Potrero Avenue between Brannan and Cesar Chavez Streets]
Ordinance adding Section 174.13 and removing Section 175.07 of the San Francisco Traffic Code to reduce the speed limit from 30-mph to 25-mph on Potrero Avenue between Brannan and Cesar Chavez Streets. (Parking and Traffic Department)
(No Public Benefit Recipient.)

9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors McGoldrick, Maxwell, Ammiano

17. 031504 [Accept - Expend Federal Grant] Supervisor Peskin
Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $3,475,000 from the United States Transportation Security Administration for the purpose of enhancing facility and operational security at the Port's cruise, ferry and cargo terminals.
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee
Present: Supervisors Hall, Dufty

18. 031432 [Settlement of Lawsuit - Arcadia Machine & Tool Inc. et al.]
Ordinance authorizing the partial settlement of the lawsuit filed by the San Francisco City Attorney against certain manufactures, distributors and dealers of firearms, and their trade associations; the settling defendants are Traders Sports, Inc., Southern Ohio Gun Distributors, Ellett Brothers Inc., and MKS Supply Inc.; these settling defendants agree to the entry of stipulated judgments that will reform their firearm distribution practices, and to pay $70,000; the lawsuit was filed on May 25, 1999 in San Francisco Superior Court, Case No. 303-753, and later coordinated with similar actions in the San Diego Superior Court as part of J.C.C.P. 4095; entitled People of the State of California ex rel Herrera et al. v. Arcadia Machine & Tool Inc. et al. (City Attorney)
(No Public Benefit Recipient.)

9/23/2003, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Hall, Gonzalez

19. 031511 [Settlement of Claim - Eric M. Hansen]
Resolution approving the settlement of the unlitigated claim filed by Eric M. Hansen against San Francisco for $52,500; claim was filed on October 8, 2002. (City Attorney)
(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

20. 031531 [Appointment]
Resolution appointing Renu Nanda, term ending December 31, 2005 to the Child Care Planning and Advisory Council. Residency requirement waived.
Renu Nanda, (residency requirement waived) succeeding Marie Lee, resigned, seat 3, must be a nominee of District 3 Supervisor selected from: parent advisory councils of public and private child care programs; associations of child care centers, family day care providers and Head Start; public interest organizations including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer Work and Family Coalition; and members of labor organizations and local organizations that fall within the definition of "Community representative"; for the unexpired portion of a 3 year term ending December 31, 2005.

Question: Shall this Resolution be ADOPTED?

21. 031515 [Settlement of Lawsuit - Jonathan Johnson]
Ordinance authorizing settlement of the lawsuit filed by Jonathan Johnson against the City and County of San Francisco for $150,000; the lawsuit was filed on June 11, 2001 in San Francisco Superior Court, Case No. 322-080; entitled Jonathan Johnson, et al., v. City and County of San Francisco, et al; other material terms of said settlement are the waiver of the San Francisco General Hospital medical lien in the amount of $29,281.37. (City Attorney)
(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 031532 [Appointment]
Resolution appointing William Henning, term ending November 19, 2004 to the Bicycle Advisory Committee.
William Henning, new position, seat 7, must be a nominee of District 7 Supervisor; for the unexpired portion of a two-year term ending November 19, 2004.

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

23. 031599 [Adopting findings related to the tentative subdivision map appeal on property located at 600 Portola Drive]
Motion adopting findings related to the appeal of the decision of the Department of Public Works approving tentative map to authorize the construction of an eighteen unit new condominium mixed-use project at 600 Portola Drive (Lot 1 in Assessor's Block 2892). (Clerk of the Board)
(Companion measure to Files 031364, 031365, 031366, 031367.)

9/19/2003, REFERRED to Board of Supervisors.
Question: Shall this Motion be ADOPTED?

24. 031625 [Adopting findings related to the conditional use appeal on property located at 2026 Lombard Street]
Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Application No. 2002.0497C (which allowed the construction of an approximately 49,000 square foot, 97 room tourist hotel with 78 off-street parking spaces on a lot containing approximately 13,600 square feet), pursuant to Planning Code Section 712.11, 712.21, 712.55 and 303, in an NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-X Height and Bulk District, located at 2026 Lombard Street, north side, between Fillmore and Webster Street (Lot 025 in Assessor's Block 0492). (Clerk of the Board)
9/24/2003, REFERRED to Board of Supervisors. Scheduled for Board consideration September 30, 2003.
Question: Shall this Motion be ADOPTED?

25. 031626 [Adopting findings related to the conditional use appeal on property located at 378 10th Avenue (also known as 389 9th Avenue and/or 4500 Geary Boulevard]
Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Authorization No. 2002.0430C (which approved the installation of six panel antennas and related equipment on an approximately 53-foot tall commercial building as part of the AT&T Wireless Services telecommunications network within an NC-3 (Moderate-Scale Neighborhood Commercial Zoning) District and a 40-X Height and Bulk District), pursuant to Section 712.83 of the Planning Code, on property located at 378 10th Avenue (also known as 389 9th Avenue and/or 4500 Geary Boulevard), on the northwest corner of 9th Avenue and Geary Boulevard (Lot 035 in Assessor's Block 1441). (Clerk of the Board)
9/24/2003, REFERRED to Board of Supervisors. Scheduled for Board consideration September 30, 2003.
Question: Shall this Motion be ADOPTED?

Recommendations of the Finance and Audits Committee
Present: Supervisors Peskin, McGoldrick

26. 031333 [Making Environmental Findings and Increasing Street Artist Certificate Fee]
Ordinance making required environmental findings and amending Article 24 of the San Francisco Police Code by amending Section 2404.1 to increase the fee for a Street Artist Certificate and amending Section 2404.2 to clarify the fee setting procedure. (Arts Commission)
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

27. 031395 [Funding from the General Reserve and re-appropriate salaries to fund the October 2003 Recall Election] Mayor
Ordinance appropriating $3,232,983 from the General Fund Reserve and re-appropriating $150,000 of permanent salaries for a total of $3,382,983 for temporary salaries, overtime, fringe benefits, non personal services, materials and supplies, and services of other departments associated with the October 2003 recall election for Elections Department for fiscal year 2003-2004.
9/23/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Finance and Audits Committee
Present: Supervisors Peskin, Sandoval, McGoldrick

28. 031489 [Emergency Repairs]
Resolution authorizing, retroactively, the expenditure of funds for emergency repairs of the Early Intake Switchback Road at Hetch Hetchy, at an estimated cost of $2,000,000. (Public Utilities Commission)
Supervisor McGoldrick dissenting in Committee.
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

29. 031525 [Agreement for Tolling of Statute of Limitations Governing Lawsuit]
Resolution approving the City Attorney's entry into a tolling agreement governing suit by plaintiff Natasha Madaris entitled Natasha Madaris v. San Francisco Unified School District and City and County of San Francisco, Case No. 417-848. (City Attorney)
Question: Shall this Resolution be ADOPTED?

Recommendations of the City Services Committee
Present: Supervisors Dufty, Gonzalez

30. 030808 [Motorcycle Sidewalk Parking Policy] Supervisors Gonzalez, Dufty
Resolution urging the Department of Parking and Traffic to prioritize the accommodation of scooters and motorcycles in the Department's planning and enforcement policies, to consistently ticket cars parked on sidewalks, and to create adequate motorcycle parking.
Question: Shall this Resolution be ADOPTED?

31. 031401 [Improving coordination between the San Francisco Police Department and the Office of Citizen Complaints] Supervisors Gonzalez, Dufty
Ordinance amending the Administrative Code by adding a new Chapter 96, establishing requirements governing the authority and duties of the Police Department, the Office of Citizen Complaints and the Police Commission with respect to investigations by the Office of Citizen Complaints, including reporting on the status of sustained cases, minimum requirements for disclosure of documents by the Police Department, providing the Office of Citizen Complaints with subpoena power against third parties, imposing training requirements for police officers on whistleblower protection laws, and for police commissioners on public safety officer discipline, and adding uncodified provisions to require the Police Commission to consider revisions to the Early Warning System and study restricting promotions for officers disciplined for misconduct; require the Police Department and the Office of Citizen Complaints to meet and report on the development of a shared case tracking system; and require current police commissioners to receive training on public safety officer discipline.
(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

32. 031406 [Building Code - Technical Corrections/Clarifications] Supervisor Daly
Ordinance amending the Building Code to effect technical corrections/clarifications to Section 3102.8, by adding provisions previously included in the Code regarding woodburning appliances, Section 101.20, by adding provisions previously included in the Code regarding the operation of the Central Permit Bureau, Section 106.1, by deleting provisions regarding permit requirements that were previously removed from the Code, Section 106.3.2, by adding provisions previously included in the Code regarding submittal documents for permit applications, Section 103.3.1, 103.3.2, 103.3.3, 103.3.4, and 103.3.5 by deleting provisions regarding unlawful residential demolition and adding the provisions regarding unlawful residential demolition that were previously included in the Code, Section 205 by deleting the definition of demolition, by amending Figure 16B-1, Sections 105.4.2, 105.4.3.1, 107.1.1, 108.5.6, 1003.3.3.2, 1001A, 1304.A.1, 1307A.2, 1311A.1, 1313A.3, 1314A.2, 1316A.1, 1308A.3, 1605.4.3, 1604B.2.3, 1605B.3, 1605B.8, 1606B, 1604C, 1608C.5, 1611C.3.1, 1611C.4.2, 1611C.6.1, 1611C.6.2, 1611C.2.2.2, Table 16C-D, 1701.5, 3403.2.1.2, 3407.1, 3407.2.3, 3407.4.3, 3407.5.3.4, 3407.5.3.5, 3408.3.2, 1605.4.3, 1605.5, 106.4.4, 409.9.1, 1602C.6.1, 1602C.6.2, 3303.9.2, 3403.2.1.1, and 1605.4.1 to correct typographical errors, and making findings in accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code.
Question: Shall this Ordinance be PASSED ON FIRST READING?

33. 031490 [Angle Parking]
Ordinance amending San Francisco Traffic Code Sections 55 and 132 to prohibit any person from parking or standing a vehicle other than at the angle of the curb or edge of roadway indicated by signs or markings, and to provide for penalties. (Parking and Traffic Department)
(No Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the City Services Committee at a Regular Meeting on Thursday, September 25, 2003. The Chair intends to request the Committee to send the following item to the Board as a committee report.

34. 031556 [Investigate the closure of Real Food Co. on 24th Street in Noe Valley] Supervisor Dufty
Resolution requesting National Labor Relations Board (NLRB), Department of Building Inspection (DBI) and other appropriate agencies to investigate the closure of Real Food Co. on 24th Street in Noe Valley.
Question: Shall this Resolution be ADOPTED?

35. 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.

36. 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 37 through 50

37. 031612 [Commending Sacred Heart Cathedral Preparatory new Student Life Center] Supervisor Newsom
Resolution commending the Sacred Heart Cathedral Preparatory School on its 150th Anniversary, celebrating its legacy of graduating more than 80,000 high school students in the City and County of San Francisco and in celebrating the Grand Opening of the Daughters of Charity Foundation, Sister Teresa Piro, DC, Student Life Center.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 031613 [Commending Japanese Community Youth Council] Supervisors Newsom, Dufty
Resolution commending the Mayor's YouthWorks Program and the Mayor's Education and Employment Program on having been selected as recipients of the prestigious PEPNET Award and commending the Japanese Community Youth Council for serving as the lead agency of these two youth employment programs.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 031614 [Commending Starting Points Initiative] Supervisors Newsom, Dufty
Resolution commending Starting Points for the completion of its San Francisco Citywide Strategic Plan for Supporting Families and its recent formation of a Family Support Council.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 031615 [Establishing City Planning Audit Select Committee] Supervisor Daly
Motion creating a City Planning Audit Select Committee.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

41. 031616 [Reappointment of Mark Dunlop to the S.F. HIV Health Services Planning Council] Supervisor Ammiano
Resolution urging Mayor Willie L. Brown to re-appoint Mark Dunlop to the San Francisco HIV Health Services Planning Council.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 031617 [Senate Bill 774] Supervisor Daly
Resolution urging Governor Gray Davis to sign Senate Bill 774, Pharmacy Syringe Sale and Disease Prevention Act.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 031618 [Commend Anne Stanton] Supervisors Daly, Dufty
Resolution commending Anne Stanton for her decade of work and leadership for homeless youth in San Francisco as the esteemed Executive Director of the Larkin Street Youth Services.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 031619 [Commendation for Linnea Klee] Supervisors Daly, Dufty
Resolution commending Linnea Klee for her ten years of service as Executive Director of the Children's Council of San Francisco.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 031620 [Halloween in the Castro - Extended BART Service] Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Resolution urging the Bay Area Rapid Transit District to provide late night BART Service for the "Halloween in the Castro" event. Service would be extended from Midnight on October 31st until 2 a.m. on November 1st, 2003.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

46. 031621 [Selective purchasing of oil from companies purchase leases or develop oil fields in the Arctic National Wildlife Refuge] Supervisor Gonzalez
Resolution urging the City of San Francisco to refrain from purchasing oil from companies that purchase leases or develop oil fields in the Arctic National Wildlife Refuge.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

47. 031622 [Commending attorneys Elliot Peters, Ethan Balogh, Dan Purcell, and Stacey Wexler for their work on the John Tennison case] Supervisors Gonzalez, Dufty
Resolution commending attorneys Elliot Peters, Ethan Balogh, Dan Purcell, and Stacey Wexler for their tireless efforts to ensure that the wrongful conviction of John "J.J." Tennison was overturned.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

48. 031623 [African American Cultural and Entertainment Center] Supervisors Maxwell, Daly, Ma, Newsom, Sandoval
Resolution welcoming the African American Cultural and Entertainment Center (AACEC) to San Francisco and urging the San Francisco Port Commission to negotiate with the AACEC development team.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

49. 031624 [Commending Jack Moerschbaecher] Supervisors Maxwell, Daly, Dufty, Ma
Resolution commending Jack Moerschbaecher, Director of the San Francisco Convention Facilities, for 20 years of outstanding service to the City and County of San Francisco and for receiving the 2003 Unsung Hero/Heroine Award from the Yerba Buena Alliance.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

50. 031635 [Healthy Kids Program Expansion] Supervisors Newsom, Dufty
Resolution urging the Department of Public Health to advance universal health care coverage in the City and County of San Francisco by extending health insurance coverage to the uninsured young adults ages 19 to 24 through the City's Healthy Kids Program.
9/23/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

51. 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 September 16, 2003 to September 22, 2003, for reference by President to appropriate committee on September 30, 2003.

031600 [Commercial Vehicle Parking in Certain Use District]
Ordinance amending Traffic Code by amending Sections 63 and 63 (a) thereof, relating to commercial vehicle parking in certain use districts. (Parking and Traffic Department)
9/18/2003, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from September 16, 2003 to September 22, 2003, for reference by President to appropriate committee on September 30, 2003.

031598 [First Amendment to Lease of SFPUC Property for Operation of a Public Golf Course and Related Facilities]
Resolution authorizing a First Amendment to Lease of Public Utilities Commission Land between the City and County of San Francisco and Crystal Springs Golf Partners, L.P., in San Mateo County. (Public Utilities Commission)
(Public Benefit Recipient.)

9/18/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031601 [Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal year 2002-2003 and thereafter]
Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal year ending June 30, 2003 and thereafter. (Controller)
(No Public Benefit Recipient.)

9/19/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee. Department requests this item be scheduled for consideration at the October 1, 2003 meeting.

031602 [Substance Abuse and Crime Prevention Act of 2000 - Implementation Plan]
Resolution authorizing adoption of the San Francisco County Plan for the Substance Abuse and Crime Prevention Act of 2000 for Fiscal Year 2003-2004. (Public Health Department)
(Public Benefit Recipient.)

9/16/2003, RECEIVED AND ASSIGNED to City Services Committee.

031649 [Petitions and Communications]
Petitions and Communications received from September 16, 2003 through September 22, 2003, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on September 30, 2003.

From Ahmed Madry, submitting request for transfer of a Type 21 Off-Sale general liquor license from 1890 Market Street to 301 Randolph Street for Ahmed Madry d.b.a. Brotherhood Market & Deli.(1)

From Department of Elections, submitting notice that the adopted budget for fiscal year 2003-04 is adequate for the department to meet service levels as proposed by the Board of Supervisors.(2)

From Department of Public Health, regarding the changes to the Medi-Cal eligibility rules and San Francisco's efforts to continue enrollment of San Franciscans in Medi-Cal. (Reference No. 20030812-003) Copy: Supervisor Daly(3)

From Civil Service Commission, submitting notice that the Civil Service Commission adopted the Department of Human Resources' report on certification of the highest prevailing rate of wages of the various crafts and kinds of labor paid in private employment in the City and County of San Francisco. Copy: Finance and Audits Committee(4)

From District Attorney, submitting request for waiver of Chapters 12B and 12C of the Administrative Code for Chevron U.S.A.(5)

From Department of Public Health, submitting annual report of gifts received in fiscal year 2002-03.(6)

From Cingular Wireless, submitting notification letter for a CPUC Cell Site for Cingular Wireless at 1200 Sixth Street.(7)

From Office of the Mayor, regarding allegations of Commissioner Ricci arising from the June 3, 2003 Juvenile Probation Commission meeting. Copy: Each Supervisor(8)

From Public Utilities Commission, submitting letter identifying systematic efforts by the department to identify, evaluate, address, mitigate, and monitor risks associated with departmental activities. (Reference No. 2003325-126) Copy: Supervisor McGoldrick(9)

From Utility Cost Management LLC, submitting claim for refund of sewer/wastewater charges paid by Stoneridge Homeowners Association.(10)

From Taxi Commission, submitting resolution amending Section 1089, to disqualify applicants for taxi driver permits who have been convicted to certain felony crimes within a four-year period immediately preceding their applications. (11)

From the Port, submitting notice that the adopted budget for fiscal year 2003-04 is adequate for the department to meet service levels as proposed by the Board of Supervisors.(12)

From Maureen Conefrey, submitting opposition to request by the Civil Service Commission to continue the exam for the legal secretary position.(13)

From The Democratic Women's Forum, submitting copy of letter sent to Mike Hennessy, Sheriff, regarding their concern with the strip searches of female detainees.(14)

From Comcast Cable Communications, Inc., submitting notice that all of Comcast's current basic cable television customers in the Bay Area will receive a one-time credit in the amount of $0.13.(15)

From Senior Action Network and Walk San Francisco, submitting opposition to proposed legislation that directs the Department of Parking and Traffic to "deprioritize enforcing violations by motorcycles".(16)

From Department of Children, Youth and Their Families, regarding current funding levels dedicated from the Children's Fund and the General Fund respectively for each of the departmental four quality of life benchmarks. (Reference No. 20030812-001) Copy: Supervisor Newsom(17)

From Office of the Controller, submitting report concerning the financial audit of the San Francisco Children and Families Commission for fiscal year June 30, 2003.(18)

From Immigrant Rights Commission, submitting resolution urging the Board of Supervisors to conduct hearings and gather evidence on the impact of Prop 54 on city government and San Francisco residents. Copy: Each Supervisor(19)

From Wilke, Fleury, Hoffelt, Gould & Birney, LLP, submitting opposition to proposed legislation condemning animal declawing. File 031591(20)

From Planning Department, submitting the "Housing Element Final Draft for Public Review" dated September 18, 2003 and the "Staff's Response to Commission Comments". Copy: Land Use Committee(21)

From Planning Department, submitting notice of exemption from an environmental review for proposed ordinance amending rules and regulations governing the posting of signs and handbill distribution. File 031273(22)

From concerned citizens, submitting support for "Care Not Cash". File 030848, Copy: Each Supervisor(23)

From Office of the Controller, submitting monthly revenue report, monthly expenditure/encumbrance report, monthly spending rate report and monthly salary and fringe benefit projection report for August 2003.(24)

Number not used. (25)

From concerned citizens, submitting opposition to the "Housing Element of the General Plan and Secondary Units" legislation. (26)

From Office of the Controller, submitting review of the City's risk management processes and findings into how the City manages its significant risks, a synopsis of the departments' responses to risk management injury, including a comparison of San Francisco to other comparative jurisdictions.(27)

From San Francisco Tomorrow, submitting support for reversing the Planning Commission's certification of the final environmental impact report for the 301 Mission Street Project.(28)

From Tejindar Sandhu, submitting copy of letter sent to SF Cycling regarding the disruption of the flow of traffic on September 14, 2003.(29)

From Marina Neighborhood Association, submitting support for proposed ordinance amending the rules and regulations governing posting and handbill distribution. File 031273(30)

From concerned citizens, submitting support for the Planning Commission's certification of the final environmental impact report for the Golden Gate Park Concourse Authority Project.(31)

From concerned citizens, submitting opposition to the Planning Commission's certification of the final environmental impact report for the Golden Gate Park Concourse Authority Project.(32)

From John and Michael Nulty, submitting request for continuance of project at 150 Golden Gate Avenue until community issues are addressed and before a Conditional Use Permit is issued.(33)

From John Jenkel, submitting newsletter entitled "Abuse News #947".(34)

From Myrna Escobar, concerning various issues with the San Francisco Housing Authority.(35)

From concerned citizens, submitting opposition to proposed hotel development at 2026 Lombard Street. File 031232(36)

From concerned citizens, submitting support for the proposed ban on cat declawing. File 030848, Copy: Each Supervisor(37)

From concerned citizens, submitting opposition to the Planing Commission's approval of Conditional Use on property located at 378 10th Avenue. (aka 389 9th Avenue and/or 4500 Geary Boulevard. File 031440(38)

From Stephen Jacobs, regarding implementation of the truancy report. Copy: Each Supervisor(39)

From Pat Webb, submitting dates and locations of the Senate & Joint Committee Hearings in September and October 2003.(40)

APPOINTMENTS BY THE MAYOR
Human Rights Commission
Khaldoun A. Baghdadi

Building Inspections Commission
Roy Guinnane
Alfonso Fillon
Rodrigo Santos

Arts Commission
P.J. Johnson
William Meyer

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.

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

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.
ś For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ś 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

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