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, October 7, 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 September 16, 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 14

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

1. 031518 [Accept-Expend Federal Grant] Supervisor Dufty
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $25,000 from the Environmental Protection Agency to provide training to municipal staff involved in construction and renovation of municipal buildings on Leadership in Energy and Environmental Design (LEEDTM) sustainable building standards and to develop a database to track municipal green building projects and their environmental benefits to the City and County of San Francisco. (Environment)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Dufty, Gonzalez

2. 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.
No Public Benefit Recipient

9/30/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

3. 031360 [Contracting out Security Guard Services]
Resolution concurring with the Controller's certification that security guard services provided by Zonux Security Solutions can be performed at a lower cost than similar services performed by City and County Employees. (Parking and Traffic Department)
( Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

4. 031494 [Contracting for Security Guard Services at 1680 Mission Street for fiscal year 2003-2004]
Resolution concurring retroactively with the Controller's determination that security guard services can practically be performed at the Bureaus of Construction Management and Engineering Offices at 1680 Mission Street by private contractor for a lower cost than if the services were performed by City employees. (Public Works Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee
Present: Supervisors Hall, Gonzalez

5. 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.)

9/30/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Hall, Dufty, Gonzalez

6. 031391 [Appointment]
Resolution appointing Joanne Kipnis, term ending April 30, 2004 to the Animal Control and Welfare Commission.
Joanne Kipnis, succeeding Jamal James Modica, resigned, seat 2, must be a member representing the general public having interest and experience in animal matters for the unexpired portion of a two-year term ending April 30, 2004.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Dufty, Gonzalez

7. 031392 [Appointment]
Resolution appointing Philip Choy, term ending December 16, 2003, to the San Francisco Museum and Historical Society Advisory Committee.
Philip Choy, succeeding Melissa Szeto, resigned, seat 2, must be a member of the public from historical organizations including, but not limited to, organizations focused on the history of ethnic or racial minorities, sexual orientations, gender or any of the various other cultural communities within San Francisco for the unexpired portion of a one-year term ending December 16, 2003.

Question: Shall this Resolution be ADOPTED?

8. 030411 [Appointment]
Resolution appointing Stephen Griswold and Dhaya Lakshminarayanan, terms ending April 5, 2005 to the Urban Forestry Council. Residency requirement waived.
Stephen Griswold, (residency requirement waived) new appointment, seat 5, must be a representative of the Golden Gate National Recreational Area, for a 2 year term ending April 5, 2005.
Dhaya Lakshminarayanan, succeeding Diana Cohen, resigned, seat 8, must be a representative of the community for the unexpired portion of a two-year term ending April 5, 2005.

Question: Shall this Resolution be ADOPTED?

9. 031431 [Appointment]
Resolution appointing Steven Chester, Stuart Berger, and Reverend G. Penny Nixon, terms ending May 15, 2005 to the Local Homeless Coordinating Board.
Steven Chester, succeeding himself, term expired, seat 1, must represent homeless or formerly homeless for a two-year term ending May 15, 2005.
Stuart Berger, succeeding himself, term expired, seat 3, must represent area of advocacy for a two-year term ending May 15, 2005.
Reverend G. Penny Nixon, succeeding Bob Nelson, term expired, seat 7, must be a service provider with the "floating" qualification of a focus on health services, HIV and harm reduction (This "floating" qualification currently attaches to this seat but can be assigned to any of the Mayor's or Board's service provider seats.) for a two-year term ending May 15, 2005.

Question: Shall this Resolution be ADOPTED?

10. 031460 [Confirming the re-appointment of Dar Singh to the San Francisco Redevelopment Agency] Mayor
Resolution confirming the re-appointment of Dar Singh to the San Francisco Redevelopment Agency for a four-year term ending September 03, 2007.
Question: Shall this Resolution be ADOPTED?

11. 031461 [Confirming the re-appointment of Michelle Sexton to the San Francisco Redevelopment Agency] Mayor
Resolution confirming the re-appointment of Michelle Sexton to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2007.
Question: Shall this Resolution be ADOPTED?

12. 031492 [Appointment]
Resolution appointing Nicole Dogwill, term ending April 27, 2004, to the Sunshine Ordinance Task Force.
Nicole Dogwill, succeeding Joshua Koltun, resigned, seat 1, must be appointed from names submitted by the local chapter of the Society of Professional Journalists and be an Attorney, for the unexpired portion of a two-year term ending April 27, 2004.

Question: Shall this Resolution be ADOPTED?

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

13. 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.
9/30/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

14. 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.)

9/30/2003, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

NEW BUSINESS

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

15. 030801 [311/ Customer Relationship Management System] Supervisor Newsom
Resolution urging the Department of Telecommunications and Information Systems (DTIS) to pursue all options necessary to develop a 311/Customer Relationship Management System; and urging DTIS and the Emergency Communications Department to continue to coordinate their respective efforts toward developing a project plan for implementing a 311/Customer Relationship Management System for the City and County of San Francisco.
Question: Shall this Resolution be ADOPTED?

16. 031196 [CitiStat management strategy] Supervisors Newsom, Dufty, Ma
Resolution urging the Department of Telecommunications and Information Services to investigate the feasibility of implementing a CitiStat management strategy for the City and County of San Francisco.
Question: Shall this Resolution be ADOPTED?

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

17. 031462 [Appropriate funding for the Day Laborer Program] Supervisor Ammiano
Ordinance re-appropriating $75,000 from FY 2002-2003 and $90,000 FY 2003-2004 from the Mayor's Office to the Immigrant Rights Commission, Administrative Services Department, to fund the Day Laborer Program for fiscal year 2003-04.
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 031276 [Approving ballot and hearing procedures for renewal of the Union Square Business Improvement District] Supervisors Peskin, Dufty
Resolution establishing ballot and hearing procedures governing ballots cast by property owners of property located within the boundaries of the Business Improvement District known as the "Union Square Business Improvement District" for the purpose of deciding whether to renew the assessment for the Union Square Business Improvement District for an additional five year term.
Question: Shall this Resolution be ADOPTED?

19. 031277 [Authorize renewal and modification of the Union Square Business Improvement District] Supervisors Peskin, Dufty
Resolution declaring the intention of the Board of Supervisors to authorize renewal and modification of boundaries of a property-based business improvement district known as the "Union Square Business Improvement District," to order the levy and collection of a multi-year assessment, and setting a time and place for a public hearing thereon.
Question: Shall this Resolution be ADOPTED?

20. 031498 [Authorizing issuance/sale of bond refunding the City and County of San Francisco Settlement Obligation Bonds, Series 2001 (Business Tax Judgment)] Mayor
Resolution authorizing and directing the sale of not to exceed $45,000,000 City and County of San Francisco Refunding Settlement Obligation Bonds, Series 2003-R1; prescribing the form and terms of said bonds, authorizing the execution, authentication and registration of said bonds; providing for an annual appropriation to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the form of the Official Notice of Sale and the Notice of the Intention to Sell Bonds; approving the form and execution of the Official Statement relating thereto; approving the form of the Continuing Disclosure Certificate; approving the form of the Refunding Instructions; approving modifications to the documents approved herein; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds.
Question: Shall this Resolution be ADOPTED?

21. 031548 [Purchase from the S.F.Unified School District of Real Property located at 380 Bacon St., San Francisco for the Public Library] Mayor, Supervisor Ammiano
Resolution authorizing the execution and performance of an Agreement of Purchase and Sale for Real Estate between the City and County of San Francisco and the San Francisco Unified School District (the "Seller" or "District"), for the purchase of real property and improvements located at 380 Bacon St., San Francisco (being a portion of Block 5983), for use as the Portola Branch Library of the San Francisco Public Library; adopting findings under the California Environmental Quality Act; and adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1.
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

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

22. 030999 [Lot Line Selection for Vacant Lots Abutting Two or More Streets] Supervisor McGoldrick
Ordinance amending Planning Code section 130 to require that before a lot owner may elect which lot line is to be the front lot line of the lot for purposes of the yard and setback requirements the lot must not only abut on two or more streets, but must also be vacant, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 031100 [Planning Code Amendment--Mining Exchange Building Setback] Mayor
Ordinance adopting findings; and amending Appendix B to Article 11 of the San Francisco Planning Code to allow an addition over the San Francisco Mining Exchange Building set back no less than thirty (30) feet from Bush Street.
(No fiscal impact; Planning Commission Resolution No. 16275, adopted November 8, 2001, recommending approval.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 031368 [Zoning Map Amendment in connection with Seawall Lot 330]
Ordinance amending Zoning Map Sheet 1H of the City and County of San Francisco for property located on a portion of Seawall Lot 330, Assessor's Block 3771 to change the height and bulk district classification from 105-F to 220-G; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Planning Department)
(No Public Benefit Recipient; Companion measure to File 031369.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 031369 [General Plan Amendment in connection with Seawall Lot 330]
Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Bryant Street Residential Tower on Seawall Lot 330; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the eight Priority Policies of Planning Code Section 101.1. (Planning Department)
(No Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

26. 031434 [Approval of Public Trust Exchange]
Resolution approving an Exchange Agreement with the State Lands Commission that would remove the public trust and Burton Act trust from approximately 22,600 square feet of unimproved real property located on Seawall Lot 330 at the corner of Bryant and Beale Streets, and would place the public trust and Burton Act trust on an approximately 8.77 acre site located between Maryland Street, Cesar Chavez Street, and 24th Street, on the eastern portion of the Western Pacific parcel; and adopting findings that the approved actions are consistent with the City's General Plan and eight Priority Policies of City Planning Code Section 101.1. (Port)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

27. 031099 [CEQA Findings - Office projects for 350 Bush Street and 500 Pine Street, including the expansion of Saint Mary's Square Park] Mayor
Resolution adopting environmental findings (and a statement of overriding considerations) pursuant to the California Environmental Quality Act ("CEQA") and state guidelines in connection with the office projects for 350 Bush Street and 500 Pine Street, including the expansion of Saint Mary's Square Park and the amendment to Appendix B to Article 11 - Category II Buildings of the Planning Code.
(No fiscal impact.)

Question: Shall this Resolution be ADOPTED?

28. 031098 [Expansion of Saint Mary's Square Park] Mayor
Resolution in conjunction with the development of the office projects at 350 Bush Street and 500 Pine Street: (i) approving the conveyance of a parcel of property to the city, which parcel shall be improved and maintained as a public park at no cost to the city, pursuant to the terms of established documentation developed by the City Attorney's Office and the projects' sponsors (ii) authorizing execution of documentation implementing conveyance of the property and the effectuation of the transactions contemplated therein (iii) providing that, following the execution of the documentation and the conveyance, the property shall be under the jurisdiction of the Recreation and Park Commission to be administered by the San Francisco Recreation and Park Department and (iv) authorizing the Mayor's Office of Housing to accept and expend a voluntary contribution $1,000,000 for the acquisition or construction of permanent affordable single room occupancy housing in San Francisco.
(No fiscal impact.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee
Present: Supervisors Hall, Dufty

29. 031502 [Reduce Members of Lead Hazard Reduction Citizens Advisory Committee From 20 to 14] Supervisor Peskin
Ordinance amending section 1608 of the San Francisco Health Code to reduce the number of voting members in the Lead Hazard Reduction Citizen Advisory Committee from 20 to 14 members by eliminating seats for the affordable housing developers, financial expert, and child care representatives, reducing the number of paint contractor representatives from two to one and reducing the number of tenant representatives from three to one.
Question: Shall this Ordinance be PASSED ON FIRST READING?

30. 031545 [Agreement to Exchange of Property and Settlement of Lawsuit - William F. Spiers dba Spiers Construction Company] Supervisors Hall, Dufty
Ordinance authorizing an agreement to exchange vacant land uphill from Edgehill Park for the City's property on Portola Drive; adopting findings that the exchange agreement is categorically exempt from environmental review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the exchange agreement; and authorizing settlement of the lawsuit entitled City and County of San Francisco v. William F. Spiers dba Spiers Construction Company, filed on November 29, 2001 in San Francisco Superior Court, Case No. 401-800, for an injunction requiring removal of Spiers' fence blocking access to Edgehill Park, for dismissal of Spiers' cross-complaint for quiet title, and for the exchange agreement.
(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 031646 [Appointment]
Resolution appointing Fiona Ma and Matt Gonzalez terms ending June 30, 2005 to the Association of Bay Area Governments Executive Board.
Fiona Ma, succeeding herself, term expired, seat 1, must be a member of the Board of Supervisors, for a two year term ending June 30, 2005.
Matt Gonzalez, succeeding himself, term expired, seat 2, must be a member of the Board of Supervisors, for a two year term ending June 30, 2005.

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

(This matter may be continued.)

Board of Supervisors Sitting as a Committee of the Whole

32. 031552 [Hearing - Acquisition of Property by Eminent Domain - 701 Lombard Street]
Hearing of persons interested in or objecting to proposed resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code Section 101.1. (Clerk of the Board)
(Companion measure to Files 031550, 031551, 031552.)

Action:___________________________

Committee of the Whole Rise and Report Without Recommendation

33. 031551 [Eminent Domain - Resolution of Necessity - 701 Lombard Street]
Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code Section 101.1.
Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

(Pending approval of File No. 031666.)

34. 031667 [Committee of the Whole - Human Rights Commission Appointment] Supervisor Peskin
Hearing to consider the Mayor's appointment of Vernon Grigg to the Human Rights Commission.
Action:___________________________

Committee of the Whole Rise and Report Without Recommendation

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

35. 031663 [Appointment - Human Rights Commission]
Motion approving the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term ending September 2, 2004. (Mayor)
Question: Shall this Motion be ADOPTED?

36. 031664 [Appointment - Human Rights Commission]
Motion rejecting the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term ending September 2, 2004. (Mayor)
Question: Shall this Motion be ADOPTED?

37. 031665 [Appointment - Human Rights Commission]
Motion taking no position concerning the Mayor's appointment of Vernon Grigg to the Human Rights Commission, for term ending September 2, 2004. (Mayor)
Question: Shall this Motion be ADOPTED?

38. 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.

39. 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

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST
These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

40. 031676 [Legislative Analyst Request] Supervisors Dufty, Ma, Ammiano, Gonzalez
Motion requesting the Legislative Analyst's Office to study the non-profit collective/cooperative medical cannabis cultivation and distribution model recently employed by the Wo/men's Alliance for Medical Marijuana (WAMM) in Santa Cruz, and to analyze the feasibility and ramifications of implementing such a model in San Francisco.
Question: Shall this Motion be ADOPTED?

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 41 through 58

41. 031666 [Committee of the Whole] Supervisor Peskin
Motion scheduling a Committee of the Whole to consider the Mayor's appointment of Vernon Grigg to the Human Rights Commission to be held on October 7, 2003 at 4:00 p.m. (File Numbers 031663, 031664, and 031665).
10/1/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

42. 031673 [Urging Governor Davis to sign Senate Bill 2] Supervisor Sandoval
Resolution urging Governor Davis to sign Health Insurance Act of 2003, also known as SB 2, which would expand the current employer-based health care system to provide health coverage to over one million uninsured Californians.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 031674 [2003 Domestic Violence Awareness Month] Supervisor Newsom
Resolution ratifying that the Board of Supervisors declares the month of October 2003 as "Domestic Violence Awareness Month" in the City and County of San Francisco.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 031675 [Urging 108th Congress to Tie National School Lunch Program Eligibility to Regional Indicators and To Increase California's Reimbursement Rate] Supervisor Maxwell
Resolution urging 108th U.S. Congress to link National School Lunch Eligibility Criteria to Regional Poverty Indicators and to increase the Program's Reimbursement Rate.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 031677 [Commendation of the San Francisco Asian Peace Officers' Association] Supervisor Ma
Resolution commending the San Francisco Asian Peace Officers' Association for their dedication and commitment to the community.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

46. 031678 [Commemorating the 50th Anniversary of the Korean War] Supervisor Ma
Resolution commemorating the 50th anniversary of the Korean War.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

47. 031679 [Commendation of National Day of the People's Republic of China] Supervisor Ma
Resolution recognizing the contributions of the Chinese community to commerce, culture and diversity and declaring October 1, 2003 as the "54th National Day of the People's Republic of China" in the City and County of San Francisco.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

48. 031680 [Showers at Lowell High School] Supervisor Hall
Resolution urging the San Francisco Unified School District to consult with, and obtain the approval of, the Crestlake Property Owners Association, the Lakeshore Acres Improvement Club, the Lakeside Homes Association, the Lakeside Property Owner's Association, the Merced Manor Property Owner's Association, the West of Twin Peaks Central Council, and the District Seven Advisory Council before implementing a plan to allow homeless individuals to use shower facilities at Lowell High School.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

49. 031681 [Commending Saint Thomas the Apostle Catholic Church] Supervisor McGoldrick
Resolution commending Saint Thomas the Apostle Catholic Church for its significant contribution to the community and proclaiming October 19, 2003 Saint Thomas the Apostle Catholic Church Day.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

50. 031682 [Koshland Park--Gift-in-Place] Supervisor Gonzalez
Resolution accepting a gift in place valued at approximately $200,000 from the Friends of Recreation and Parks, a non-profit organization, to the Recreation and Park Department of Koshland Park.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

51. 031683 [Urging 108th U.S. Congress to pass the AgJobs Act of 2003] Supervisor Sandoval
Resolution urging 108th U.S Congress to pass the AgJobs Act of 2003 for seasonal immigrant farm workers.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

52. 031684 [Commending the Committee for the Confucius Memorial Ceremony] Supervisor Ma
Resolution commending the Committee for the Confucius Memorial Ceremony for their dedication to recognizing the teachings of Confucius.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

53. 031650 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

54. 031668 [Final Map for a 7 Lot Airspace Subdivision Project]
Motion approving Final Map of Mission Place Phase 1, 250 King Street and 260 King Street, a Subdivision of Airspace, Lot 3, Assessor's Block No. 8702, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
(No Public Benefit Recipient; DPW Order No. 174,413; District 6.)

9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

55. 031669 [Final Map for a 130 Unit Residential Condominium Project]
Motion approving Final Map of Mission Place Phase 2, 250 King Street, a Residential Condominium Project, being a Subdivision of Lot 5, Assessor's Block No. 8702, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
(No Public Benefit Recipient; DPW Order No. 174,414; District 6.)

9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

56. 031670 [Final Map for a 96 Unit Residential Condominium Project]
Motion approving Final Map of Mission Place Phase 3, 250 King Street, a Residential Condominium Project, being a Subdivision of Lot 6, Assessor's Block No. 8702, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
(No Public Benefit Recipient; DPW Order No. 174,415; District 6.)

9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

57. 031671 [Final Map for a 65 Unit Residential Condominium Project]
Motion approving Final Map of Mission Place Phase 4, 250 King Street, a Residential Condominium Project, being a Subdivision of Lot 7, Assessor's Block No. 8702, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
(No Public Benefit Recipient; DPW Order No. 174,416; District 6.)

9/30/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

58. 031672 [Final Map for a 6 Unit Residential Condominium Project]
Motion approving Final Map of 3615 20th Street, a Residential Condominium Project, being a Subdivision of Lot 74, Assessor's Block No. 3608, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
(No Public Benefit Recipient; DPW Order No. 174,422; District 9.)

9/30/2003, 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:_________________________________________

59. 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 23, 2003 through September 29, 2003, for reference by President to appropriate committee on October 7, 2003.

031642 [Settlement of Lawsuit - Marie Lavin]
Ordinance authorizing settlement of the lawsuit filed by Marie Lavin against the City and County of San Francisco for $200,000; the lawsuit was filed on December 5, 2001, in the San Francisco Superior Court, Case No. 402019, entitled Marie Lavin v. City and County of San Francisco, Adult Probation Department. (City Attorney)
(Public Benefit Recipient.)

9/29/2003, RECEIVED AND ASSIGNED to Rules Committee.

031643 [License Agreement with Broadcast Music Incorporated]
Ordinance authorizing the City Administrator to enter into the Local Government Licensing Agreement negotiated between the International Municipal Lawyer's Association and Broadcast Music Incorporated to license music uses by the City under a license subject to automatic annual renewal for an annual Base License Fee plus 1% of revenue from events in which gross revenue exceeds $25,000. (City Administrator)
(No Public Benefit Recipient.)

9/29/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from September 23, 2003 through September 29, 2003, for reference by President to appropriate committee on October 7, 2003.

031640 [Airport - Amendment to Concession Agreement and Lease Agreement for Rental Car Operations]
Resolution approving (a) Amendment No. 1 to the Concession Agreements and Lease Agreements for Rental Car Operations between Alamo Rent-A-Car, LLC, Avis Rent-A-Car System, Inc., Budget Rent-A-Car Systems, Inc., Dollar Rent-A-Car System, Inc., Enterprise Rent-A-Car Company of San Francisco, The Hertz Corporation, and Thrifty Rent-A-Car System, Inc., and the City and County of San Francisco, acting by and through its Airport Commission; and (b) Amendment No. 1 to the Lease Agreement for Rental Car Operations between National Car Rental Systems, Inc. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
(No Public Benefit Recipient.)

9/26/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031641 [Accept-Expend Federal Grant]
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $51,500 from the Environmental Protection Agency to reduce levels of mercury entering the San Francisco Bay by limiting the wastes associated with mercury amalgam fillings generated by dental offices to minimum achievable levels through a Dental Mercury Reduction Program. (Environment)
(No Public Benefit Recipient.)

9/26/2003, RECEIVED AND ASSIGNED to City Services Committee.

031685 [Petitions and Communications]
Petitions and Communications received from September 23, 2003 through September 29, 2003, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 7, 2003.

From Office of the Controller, regarding reassigning contracts formerly entered into with the San Francisco League of Urban Gardeners (SLUG).(1)

From Reuben & Alter, LLP, appealing decision of Planning Commission that authorizes the acquisition by eminent domain of 701 Lombard Street.(2)

From Clerk of the Board, regarding beverage and snack vending usage and preferences in City and County departments. (Reference No. 20030923-045) Copy: Supervisor Peskin(3)

From concerned citizens, submitting opposition to proposed legislation regarding the "Housing Element" in its current form. (4)

From Greater West Portal Neighborhood Association, submitting opposition to proposed legislation regarding "Secondary Units" in San Francisco. File 030896(5)

From Senior Action Network, submitting opposition to proposed legislation regarding the motorcycle sidewalk parking policy.File 030808(6)

From Fire Department, regarding complaint received for blocked exits at Balboa High School, located at 1000 Cayuga Avenue. Copy: Supervisor Sandoval (7)

From Fresh Organics, Inc., regarding closure of Real Foods Co. on 24th Street. File 031556(8)

From Mercy Housing California, submitting notice that Mercy Housing California is submitting an application to the State's Multifamily Housing Program to develop Mission Creek Senior Community at 201 Berry Street in the Mission Bay North Redevelopment Project Area.(9)

From Department of Human Resources, regarding request for layoff data of City employees for fiscal year 2003-04.(Reference No. 20030819-002) Copy: Supervisor Newsom(10)

From Department of Child Support Services, submitting request for waiver of Chapter 12B of the Administrative Code for Lexis-Nexis, an on-line service that provides access to case law and other legal information needed to conduct core business in the Department.(11)

From War Memorial and Performing Arts Center, submitting notice that the adopted budget for fiscal year 2003-04 is not adequate for the department to meet service levels as proposed by the Board of Supervisors.(12)

From International Federation of Professional and Technical Engineers, Local 21, regarding leave of absence that the Planning Director' is currently on. Copy: Each Supervisor(13)

From District Attorney, submitting notice that funding provided for in the Budget for fiscal year 2003-04 is adequate for the department to meet service levels for fiscal year 2003-04.(14)

From Federal Deposit Insurance Corporation, submitting invitation to members of the Board of Supervisors to attend a meeting to discuss the security of the United States' financial services sector on October 16, 2003 at 1301 Clay Street, in Oakland. Copy: Each Supervisors(15)

From Sunshine Ordinance Task Force, submitting the URL for the 2002 Annual Report for the Sunshine Ordinance Task Force.(16)

From Office of the Controller, submitting review of SBC California's Gross Revenues from Public Communications Services at the San Francisco International Airport.(17)

From James Chaffee, submitting a copy of the "Neighborhood Library Campaign Gift Recognition Policy" passed by the Library Commission on September 18, 2003. Copy: Each Supervisor(18)

From North Beach Chamber of Commerce, urging the Board to continue consideration of the acquisition by eminent domain of 701 Lombard Street.File 031550(19)

From Mary Lynn Slattery & Nancy Rowland, submitting request for a type 42 liquor license for Vino Venue, a unique self-serve wine tasting bar at 686 Mission Street.(20)

From Timothy Brown, regarding being pulled over by a police officer for not having attached updated registration stickers to his car and everything that happened afterwards. Copy: Each Supervisor, Police Department, Department of Parking and Traffic(21)

From Verizon Wireless, submitting notification letter for a CPUC Cell Site for GTE Mobilnet of California Limited Partnership at 245 South Van Ness Avenue.(22)

From Fra Kepler Korn, submitting request for transfer of a type 47 to a type 48 liquor license for "the Ace SF at 312 Harriet Street.(23)

From Jim Corrigan, submitting support for making 50 uniformed positions in the Fire Department at the Emergency Communication's Center into civilian positions, reducing the tax burden on San Francisco property owners. Copy: Each Supervisor(24)

From Adam Strom, submitting opposition to the proposed parking garage in Golden Gate Park. Files 031481, 031482, 031483, 031484(25)



APPOINTMENTS BY THE MAYOR
Human Rights Commission
Vernon Grigg

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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