Full Board Agendas

Board of Supervisors
City and County of San Francisco

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

AGENDA
Tuesday, October 21, 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 23, 2003 and September 30, 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 9

Recommendations of the City Services Committee

Present: Supervisors Dufty, Newsom

1. 031530 [Grant to improve traffic and pedestrian safety in San Francisco] Supervisor Dufty

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $439,455 from the California Business, Transportation & Housing Agency Office of Traffic Safety (CBTHAOTS) to prevent DUI and resultant traffic injuries and to enter into an agreement for the use of these funds; for the period of October 1, 2003 to December 31, 2005. (Public Health Department)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Dufty, Ma, Newsom

2. 031641 [Accept-Expend Federal Grant] Supervisor Dufty

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.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

3. 031462 [Appropriate funding for the Day Laborer Program] Supervisors Ammiano, Daly

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.

10/7/2003, PASSED ON FIRST READING. Supervisor Daly requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell, Ammiano

4. 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.

10/7/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

5. 031100 [Planning Code Amendment--Mining Exchange Building Setback] Mayor, Supervisor Hall

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.)

10/7/2003, PASSED ON FIRST READING. Supervisor Hall requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

6. 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.)

10/7/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 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.)

10/7/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Dufty, Ma, Newsom

8. 031527 [Accept-Expend Regional Grant]

Resolution authorizing the Director of Transportation or his designee to accept and expend $157,000 in FY 03/04 Transportation Fund for Clean Air (TFCA) from the Bay Area Air Quality Management District (Air District) to stripe and sign bike lanes and purchase and install bicycle racks and to execute any and all associated documents. (Parking and Traffic Department)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Dufty

9. 031502 [Reduce Members of Lead Hazard Reduction Citizens Advisory Committee From 20 to 15] 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 15 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 two.

10/7/2003, AMENDED.

10/7/2003, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

10. 031276 [Approving ballot and hearing procedures for renewal of the Union Square Business Improvement District] Supervisors Peskin, Dufty, Newsom

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.

10/7/2003, CONTINUED. Continued to October 21, 2003

Question: Shall this Resolution be ADOPTED?

11. 031277 [Authorize renewal and modification of the Union Square Business Improvement District] Supervisors Peskin, Dufty, Newsom

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.

10/7/2003, CONTINUED. Continued to October 21, 2003 with pending amendment.

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Dufty

12. 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.)

10/7/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Budget Committee

Present: Supervisors Daly, Peskin

13. 030983 [2004 Finance Corporation Equipment Program] Mayor

Resolution approving the form of and authorizing execution and delivery by the City and County of San Francisco of an equipment lease Supplement No. 11 (Series 2004A Bonds) between the City and the County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco, as lessee, with respect to the equipment to be used for city purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to exceed $10,395,000; providing for reimbursement to the City and County of San Francisco of certain city expenditures incurred prior to the issuance of lease revenue bonds; and providing for the execution of documents in connection therewith. (Mayor)

Question: Shall this Resolution be ADOPTED?

Recommendations of the City Services Committee

Present: Supervisors Dufty, Newsom

14. 030771 [Liquor License, 1765 California Street]

Resolution determining that issuance of a Type 42 on-sale beer and wine public premises license to Jeff Campbell dba "Whole Foods Market", in addition to its existing Type 20 off-sale beer and wine alcoholic beverage control license at 1765 California Street (District 2), will serve the convenience of the people of the City and County of San Francisco; in accordance with Section 23958.4 of the California Business and Professions Code; with conditions.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Dufty, Ma, Newsom

15. 031519 [Refugee County Plan]

Resolution approving the San Francisco Federal Fiscal Year 2003 Refugee County Plan. (Private Industry Council)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

16. 031602 [Substance Abuse and Crime Prevention Act of 2000 - Implementation Plan] Supervisor Newsom

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.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, McGoldrick

17. 030869 [Tobacco Sales Permit] Supervisors Maxwell, Ammiano, Daly, Dufty, McGoldrick

Ordinance amending the San Francisco Health Code by adding Article 19H to require a permit for tobacco sales and amending the San Francisco Business and Tax Regulations Code by adding section 249.16 to set the fee for the tobacco sales permit.

Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 031658 [Appropriate State and Federal funding for the CalWORKs, Medi-Cal, IHSS and Foster Care programs] Mayor

Ordinance appropriating $2,399,795 of CalWORKs, Medi-Cal, IHSS and Foster Care funding to fill 28.67 vacant FTEs including deletion of 9.38 FTEs and creation of 9.38 FTEs, purchase one-time materials and supplies, and provide stipends to emancipated foster youth for the Department of Human Services and amending Annual Salary Ordinance for Fiscal Year 2003-04. (Mayor)

(Fiscal impact; No Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Peskin, Sandoval, McGoldrick

19. 031659 [Public Employment]

Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2003/04) reflecting the abolishment of 14 positions (9.38 FTEs) and the creation of 14 positions (9.38 FTEs) at the Department of Human Services. (Human Resources Department)

(Fiscal impact; No Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 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)

(Fiscal impact; No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell, Ammiano

21. 031608 [Taxicab Gate Fees] Supervisor Hall

Ordinance amending Section 1135.1 of the Police Code to provide for extending to March 1, 2004 the time for sunsetting the higher cap on taxicab gate fees if the City fails to enact an ordinance prescribing a long-term lease fee cap covering long-term lease drivers and an ordinance establishing a program of health insurance/health benefits for taxi drivers; and to authorize the Board of Supervisors by resolution to extend the times provided for in Section 1135.1 for sunsetting the higher gate fee cap.

Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 031528 [Street Artist Hyde Street Spaces]

Resolution re-designating seven (7) permanent selling spaces on Hyde Street, west side, Beach to Jefferson Streets; deleting seven (7) permanent selling spaces on Hyde Street, east side, Beach to Jefferson Streets; re-designating fourteen (14) selling spaces on Hyde Street, east side, Beach to Jefferson Streets; designating two (2) additional selling spaces on Hyde Street, east side, Beach to Jefferson Streets, for street artists certified by the Arts Commission, City and County of San Francisco; and exempting said seven spaces on Hyde Street, west side, Beach to Jefferson Streets, from Police Code Section 2405(c)(16) requiring street artists to maintain a minimum of eight feet of passageway for pedestrians. (Arts Commission)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Dufty, Gonzalez

23. 031457 [Introducing General Obligation Bond proposals 168 days before election] Supervisor Gonzalez

Ordinance amending Section 2.31 of the Administrative Code to require that resolutions of necessity for proposed general obligation bonds must be introduced at the Board of Supervisors not less than 168 days before the election at which the voters could consider the proposed bond measure, rather than 169 days before the election.

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

SPECIAL ORDER 4:00 P.M.

24. 031686 [Public Hearing - Appeal, Categorical Exemption, 701 Lombard Street]

Hearing of persons interested in or objecting to the decision of the Planning Department dated August 5, 2003, approving a categorical exemption for the proposed Acquisition by Eminent Domain at 701 Lombard Street. (Appellant: James A. Reuben, attorney for Brian O'Flynn and Martin Coyne).

Action:___________________________

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

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

25. 031687 [Affirming the exemption issued for 701 Lombard Street]

Motion affirming the determination by the Planning Department that the acquisition of 701 Lombard Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

26. 031688 [Disapproving the exemption issued for 701 Lombard Street]

Motion disapproving the determination by the Planning Department that the acquisition of 701 Lombard Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

27. 031689 [Preparation of findings related to the exemption appeal for 701 Lombard Street]

Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the acquisition of 701 Lombard Street is exempt from the California Environmental Quality Act. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 4:00 P.M.

28. 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.)

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

Action:___________________________

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

29. 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.

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

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 5:30 P.M.

(This matter may be continued.)

30. 031631 [Public Hearing - Appeal, Final EIR for the 300 Spear Street Project]

Hearing of persons interested in or objecting to the Planning Commission certification of the Final Environmental Impact Report Case No. 2000.1090E, dated September 4, 2003, for the proposed project at 300 Spear Street. (Appellant: Sue C. Hestor, attorney for the Rincon Hill Residents Association and the BayCrest Towers Residential Association).

(Filed 9/24/03; companion measure to Files 031632, 031633, 031634.)

Action:___________________________

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

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

31. 031632 [Affirm certification of final environmental impact report for the 300 Spear Street Project]

Motion affirming the Planning Commission certification of the final environmental impact report for the 300 Spear Street Project. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

32. 031633 [Reverse certification of final environmental impact report for the 300 Spear Street Project]

Motion reversing the Planning Commission certification of the final environmental impact report for the 300 Spear Street Project. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

33. 031634 [Preparation of findings to reverse certification of the of final environmental impact report for the 300 Spear Street Project]

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' reversal of the Planning Commission certification of the final environmental impact report for the 300 Spear Street Project. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 7:00 P.M.

(This matter may be continued.)

34. 031627 [Public Hearing - Appeal, Final EIR for the 201 Folsom Street Project]

Hearing of persons interested in or objecting to the Planning Commission certification of the Final Environmental Impact Report Case No. 2002.1073E, dated September 4, 2003, for the proposed project at 201 Folsom Street. (Appellant: Sue C. Hestor, attorney for the Rincon Hill Residents Association and BayCrest Towers Residential Association).

(Filed 9/24/03; companion measure to Files 031628, 031629, 031630.)

Action:___________________________

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

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

35. 031628 [Affirm certification of final environmental impact report for the 201 Folsom Street Project]

Motion affirming the Planning Commission certification of the final environmental impact report for the 201 Folsom Street Project. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

36. 031629 [Reverse certification of final environmental impact report for the 201 Folsom Street Project.]

Motion reversing the Planning Commission certification of the final environmental impact report for the 201 Folsom Street Project. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

37. 031630 [Preparation of findings to reverse certification of the of final environmental impact report for the 201 Folsom Street Project.]

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' reversal of the Planning Commission certification of the final environmental impact report for the 201 Folsom Street Project. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 8:30 P.M.

38. 031636 [Public Hearing - Appeal, Conditional Use - 5630-38 Mission Street]

Hearing of persons interested in or objecting to the decision of Planning Commission by its Motion No. 16639 dated August 28, 2003, approving Conditional Use Application No. 2003.0376C pursuant to Section 711.83 of the Planning Code, and subject to certain conditions, to allow the installation of six (6) panel antennas and one (1) GPS antenna on the rooftop and associated equipment cabinets within the storage room of the Mission Inn Motel, as part of a wireless telecommunications network operated by Verizon Wireless in a NC-2 (Small-Scale Neighborhood Commercial District), and a 40-X-Height and Bulk District, on property located at 5630-38 Mission Street, between Naglee and Whipple Avenues; Lot 012, in Assessor's Block 7098.

(Appeal filed September 25, 2003; categorically exempt from the environmental review process pursuant to Class 1 exemptions of Title 14 of the California Administrative Code; companion measure to Files 031637, 031638, 031639; District 11.)

Action:___________________________

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

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

39. 031637 [Appeal, Conditional Use, 5630-38 Mission Street]

Motion approving decision of the Planning Commission by its Motion No. 16639 approving Conditional Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

40. 031638 [Appeal, Conditional Use, 5630-38 Mission Street]

Motion disapproving decision of the Planning Commission by its Motion No. 16639 approving Conditional Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

41. 031639 [Findings - 5630-38 Mission Street]

Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, for action by the Board at its next meeting. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

42. 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.

43. 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 44 through 48

44. 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.

10/7/2003, CONTINUED. Continued to October 21, 2003

Question: Shall this Resolution be ADOPTED?

45. 031718 [Supporting Immigrant Pride Day 2003 in the City & County of San Francisco] Supervisor Gonzalez

Resolution waiving the fees associated with Immigrant Pride Day for the San Francisco Police Department and the San Francisco Fire Departments and urging the Municipal Transportation Agency to join with the City and waive their fees in support of Immigrant Pride Day.

10/7/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

46. 031719 [Commending the Mission Council] Supervisor Daly

Resolution commending the Mission Council for 25 years of delivering culturally competent, community-based services to the people of San Francisco.

10/7/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

47. 031720 [Proclaiming October 2003 Potrero Hill Month] Supervisor Maxwell

Resolution proclaiming October 2003 "Potrero Hill Month" in the City and County of San Francisco.

10/7/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

48. 031722 [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.

9/21/2003, 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:_________________________________________

49. 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).

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from September 30, 2003 through October 10, 2003, for reference by President to appropriate committee on October 21, 2003.

031694 [Traffic Code - Amending Section 32.1.1 to update location of Main Public Library]

Ordinance amending Section 32.1.1 of the San Francisco Traffic Code.

(No Public Benefit Recipient.)

10/1/2003, RECEIVED AND ASSIGNED to Land Use Committee.

031695 [Changing Official Width of Sidewalk]

Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1561 to change the official sidewalk width on the south side of Market Street west of Third Street; making findings pursuant to the General Plan; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes. (Public Works Department)

9/30/2003, RECEIVED AND ASSIGNED to Land Use Committee.

031697 [Settlement of Lawsuit]

Ordinance authorizing settlement of the lawsuit filed by Lynn Andrews against the City and County of San Francisco for $75,000; the lawsuit was filed on July 18, 2002 in San Francisco Superior Court, Case No. 410-430; entitled Lynn Andrews v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

10/9/2003, RECEIVED AND ASSIGNED to Rules Committee.

031690 [Settlement Of Lawsuit]

Ordinance authorizing settlement of the lawsuit filed by Restore Hetch Hetchy against the City and County of San Francisco for $1,700.00; the lawsuit was filed on July 24, 2003 in San Francisco Superior Court, Case No. 503-306; entitled Restore Hetch Hetchy v. San Francisco Board of Supervisors et al.; other material terms of said settlement are that the City and County of San Francisco and San Francisco Public Utilities Commission agree to remain neutral on Petitioner's efforts to seek funding for preparation of a study assessing the feasibility of restoring the Hetch Hetchy Valley. The San Francisco Public Utilities Commission reserves the right to comment on any restrictions, requirements or regulations that would be imposed on the Department by a funding source as a prerequisite to the appropriation of those funds. (City Attorney)

10/10/2003, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from September 30, 2003 through October 10, 2003, for reference by President to appropriate committee on October 21, 2003.

031662 [Settlement of Claim]

Resolution approving the settlement of the unlitigated claim filed by Fireman's Fund Insurance Company and Richard Dennes against the City and County of San Francisco.

(Public Benefit Recipient.)

10/3/2003, RECEIVED AND ASSIGNED to Rules Committee.

031691 [STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Le Conte and Meade Avenues, stopping both streets, making this intersection an All-Way STOP;
Teddy Avenue and Alpha Street, stopping Teddy Avenue at Alpha Street, making this intersection an All-Way STOP;
Leland Avenue and Peabody Street, stopping Leland Avenue and Peabody Street, making this uncontrolled T-intersection an All-Way STOP;
Broadway and Jones Street, stopping Jones Street, making this intersection an All-Way STOP;
Benton Avenue and Genebern Way, stopping westbound Benton Avenue at Genebern Way;
26th Avenue and Moraga Street, stopping 26th Avenue, making this intersection an All-Way STOP;
25th and Mississippi Streets, stopping both streets, making this uncontrolled T-intersection an All-Way STOP;
20th Avenue and Quintara Street, stopping Quintara Street traffic at 20th Avenue, making this intersection an All-Way STOP; and
Harney Way at Alana Way and Thomas Mellon Drive, stopping eastbound Harney Way Left Turn onto Alana Way. (Parking and Traffic Department)

9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2692; No Public Benefit Recipient.)

10/1/2003, RECEIVED AND ASSIGNED to Land Use Committee.

031692 [Traffic Regulations]

Resolution enacting and rescinding traffic regulations on various streets.

LEFT LANE MUST TURN LEFT - ESTABLISH
Paul Avenue, eastbound, at Bayshore Boulevard.

CROSSWALK - RESCIND
Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, south side, at Oakdale Avenue.

CROSSWALK - ESTABLISH
Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, north side.

NO RIGHT TURN AFTER BALLPARK EVENTS EXCEPT TAXIS - RESCIND
NO RIGHT TURN AFTER BALLPARK EVENTS - ESTABLISH
3rd Street, northbound, at Townsend Street.

NO LEFT TURN - ESTABLISH
Woodside Avenue, eastbound, onto Youth Guidance Center/Laguna Honda Hospital access road.

NO LEFT TURN - ESTABLISH
Woodside Avenue, westbound, onto Idora Avenue.

CROSSWALK - RESCIND
Crossing Woodside Avenue, west side, at Idora Avenue.

CROSSWALK - RESCIND
Crossing Woodside Avenue, east side, at the Youth Guidance Center/Laguna Honda access road.

NO LEFT TURN, 7:00 AM to 9:00 AM AND 4:00 PM TO 6:00 PM, EXCEPT SATURDAY AND SUNDAY - RESCIND
NO LEFT TURN - ESTABLISH
Judah Street, westbound at 17th Avenue. (Parking and Traffic Department)

Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2692; No Public Benefit Recipient.)

10/1/2003, RECEIVED AND ASSIGNED to Land Use Committee.

031693 [Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Funston Avenue, west side, between California and Clement Streets (200 block).

RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Sloat Boulevard, south side, from 20th Avenue to 100 feet easterly (300 block); and
20th Avenue, both sides, between Sloat Boulevard and Ocean Avenue (2900 block).

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Fulton Street, south side, at 6th Avenue (accommodates 3 unmetered parking spaces).

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
States Street, north side, from Corona Heights Playground to a point 26 feet westerly.

(9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPW Order No. 2692; No Public Benefit Recipient.)

10/1/2003, RECEIVED AND ASSIGNED to Land Use Committee.

031696 [Lease of Property]

Resolution authorizing a 25-year Lease of San Francisco Public Utilities Land between the City and County of San Francisco and Sunol Valley Golf & Recreation Co., in Alameda County. (Public Utilities Commission)

(Public Benefit Recipient.)

10/1/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031698 [Approval of the Amended Ground Lease for the Rincon Park Restaurants Project]

Resolution approving the Amended Ground Lease between the Port Commission and JMA Waterfront Properties, LLC, a Delaware limited liability company, for the Rincon Park Restaurants Project, located on The Embarcadero between Howard and Folsom Streets, for a total term, including renewal options, of sixty years. (Port)

(Public Benefit Recipient.)

10/3/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031716 [Airport Lease Disposition and Development Agreement and Lease]

Resolution approving the Lease Disposition and Development Agreement and Lease of Plot 9 between Airis SFO, LLC and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)

(No Public Benefit Recipient.)

10/10/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031737 [Petitions and Communications]

Petitions and Communications received from September 30, 2003 through October 14, 2003, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on October 21, 2003.

From Luce, Forward, Hamilton & Scripps LLP, withdrawing appeal of categorical exemption for the acquisition of property located at 701 Lombard Street. Copy: Each Supervisor, 3 letters(1)

From Brian O'Flynn, withdrawing appeal of categorical exemption from the California Environmental Act regarding proposed acquisition of property located at 701 Lombard Street for use as public space.(2)

From Department of Parking and Traffic, regarding traffic safety at the crosswalk on Phelan Avenue between Archbishop Riordan High School and City College of San Francisco. (Reference Nos. 031256 and 031257) Copy: Supervisors Hall, Dufty, Ma, and Newsom(3)

From Department of Human Resources, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-15) Copy: Supervisor Peskin(4)

From Employees' Retirement System, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-048) Copy: Supervisor Peskin(5)

From SF Housing Authority, regarding the feasibility of developing more affordable housing units for low-income residents of San Francisco.(6)

From Department of Public Works, regarding the launching of a Graffiti Abatement Outreach and Volunteer Program.(7)

From Planning Department, submitting notice that proposed ordinance that defines and regulates formula retail use, and prohibit formula retail uses in the Hayes-Gough Neighborhood Commercial District is under environmental review. Copy: Each Supervisor(8)

From Office of the City Attorney, regarding beverage and snack vending usage and preferences for City departments. Copy: Supervisor Peskin(9)

From Fra Kepler Korn, submitting request to exchange a type 47 liquor license to a type 48 liquor license for "The Ace SF" located at 312 Harriet Street. File 031661(10)

From Department of Building Inspection, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-030) Copy: Supervisor Peskin(11)

From Department of the Environment, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-012) Copy: Supervisor Peskin(12)

From Department of Elections, regarding the October 7, 2003 Statewide Special Election. Copy: Each Supervisor(13)

From concerned citizens, submitting opposition to proposed legislation regarding Secondary Units and to the revision of the Housing Element of the City's General Plan.(14)

From Superior Court, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-010) Copy: Supervisor Peskin(15)

From Office of the Legislative Analyst, submitting report on the best practices of other local jurisdictions with regard to dealing with the problem of serial inebriation in public and evaluating the effectiveness of such programs in reducing the incidence of repeated public inebriation by the same persons.Copy: Supervisor McGoldrick(16)

From Superior Court, regarding posting responses to the Civil Grand Jury reports on the Web.(17)

From Mayor's Office of Criminal Justice, regarding beverage and snack vending usage and preferences for City departments.(Reference No. 20030923-061)Copy: Supervisor Peskin(18)

From Budget Analyst, submitting activity status report for the quarter ending September 30, 2003.(19)

From Peter Warfield, regarding letter to the Bay Guardian (10/1/03) concerning serious risks to privacy of the RFID technology at the San Francisco Public Library.(20)

From State Board of Equalization, regarding the proposed amendments to the Rules of Practice received in response to the September 2, 2003 meeting.(21)

From Public Library, regarding the joint use cooperative agreement between the Public Library and the Unified School District.(22)

From Department of Human Resources, submitting the Management Classification and Compensation Plan Quarterly Report and the classification process for IFPTE Local 21 Special Assistant positions.(23)

From Rainbow Coalition for Commonalties and Cablinasians, submitting support for Proposition 54 on the October 7, 2003 Statewide Special Election.Copy: Each Supervisor(24)

From concerned citizens, urging the Board to revisit the issue of the Heritage and Freedom Flag of Vietnamese Americans. (25)

From Planning Department, submitting notice that the budget is adequate for the department to meet service levels as proposed by the Board of Supervisors, and modified by the Planning Commission on September 25, 2003 in response to the Board's budget reduction.(26)

From Carol Antraccoli, submitting his concern with the lack of sidewalk on Alemany Blvd. between Trumbull and Congdon Streets.(27)

From concerned citizens, submitting support for proposed ordinance authorizing an agreement to exchange vacant land uphill from Edgehill Park for the City's property on Portola Drive.(28)

From O.L. McGrew, commenting on various topics affecting the City and County of San Francisco. Copy: Each Supervisor(29)

From Lydia Patubo, submitting support for proposed resolution-opposing cat declawing.File 031591(30)

From Mental Health Board, submitting resolution in support of the newly developed Behavioral Health Court.(31)

From Cecilia Populus, urging the Board to investigate the mandatory "membership fee" required by all producers at Public Access Station Channel 29.(32)

From SFPUC, submitting request for waiver of Chapters 12B and 12C of the Administrative Code for San Francisco Mini Storage.(33)

From Charles Rachlis, submitting opposition to naming a new elementary school being built in the Sunset District, Diane Feinstein Elementary School.(34)

From Department of Human Resources, submitting report regarding employees affected by layoff, layoff notices served and employees retained. (Reference No. 20030819-002)Copy: Supervisor Newsom(35)

From Office of the Controller, submitting report on health benefits for taxi drivers. File 020678, Copy: Each Supervisor(36)

From Russell and Linda Moll, requesting the Board of Supervisors initiate a special investigation into why their 18-year-old son was shot by undercover police (on 2/19/03) on Nineteenth Avenue. Copy: Each Supervisor(37)

From Office of the Controller, submitting schedules of operating and project transfers that have exceeded 10% for fiscal year 2002-03. Copy: Each Supervisor(38)

From Budget Analyst, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-62) Copy: Supervisor Peskin(39)

From Mirna Escobar, commenting on various topics.(40)

From Civil Service Commission, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-024) Copy: Supervisor Peskin(41)

From Department of Public Works, submitting copy of letter sent to constituent regarding minor sidewalk encroachments for 96 Alpha Avenue and 3314-3316 Folsom Street.(42)

From concerned citizens, submitting opposition to the annual Fleet Week Celebration.(43)

From Gladestone & Associates, submitting transcript of the motion made by Supervisor McGoldrick regarding the proposed hotel at 2026 Lombard Street. File 031625, Copy: Each Supervisor(44)

From Law Offices of Stephen Williams, regarding proposed amendment to the Conditional Use Appeal for 2026 Lombard Street. File 031625, Copy: Each Supervisor(45)

From Ethics Commission, submitting summary report of campaign consultant activity for the third quarter June 1, 2003 through August 31, 2003.(46)

From Ethics Commission, submitting report of earnings and activity of campaign consultants registered with the City from June 1, 2003 through August 31, 2003.(47)

From Airport, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-023)Copy: Supervisor Peskin(48)

From Controller, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-031) Copy: Supervisor Peskin (49)

From Law Library, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-006) Copy: Supervisor Peskin(50)

From Ethics Commission, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-021) Copy: Supervisor Peskin(51)

From Department of Human Services, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-056) Copy: Supervisor Peskin(52)

From Office of the Sheriff, submitting the annual report of inmate welfare fund expenditures for the fiscal year ending June 30, 2003.(53)

From Nicholas Parham, submitting opposition to development of high rise buildings of over 250 feet along San Francisco's Embarcadero/Bay Bridge area. File 031633(54)

From Office of the Legislative Analyst, submitting report that compares and contrast the laws, regulations and policies of San Francisco, Seattle and New York City for facilitating mass protests. Copy: Supervisor Hall(55)

From Office of the Controller, submitting notice that all City Departments have certified that the funding provided in the budget as adopted by the Board of Supervisors is or is not adequate for their department to meet service levels and operations proposed for fiscal year 2003-04.Copy: Each Supervisor(56)

From Housing Authority, regarding beverage and snack vending usage and preferences for City departments. (Reference No. 20030923-017) Copy: Supervisor Peskin(57)

From Housing Authority, regarding false press reports that have inferred that the Housing Authority intends to sell or dispose of land and move tenants. Copy: Each Supervisor(58)

From Union Square Business Improvement District, submitting report regarding management plan for Union Square Business Improvement District. File 031277, Copy: Each Supervisor(59)

From Planning Department, submitting notice that proposed ordinance regarding large-scale retail controls is exempt from environmental review. File 031463(60)

From Department of Public Health, notifying the Board of a federal grant line item budget revision in excess of 15% requiring funding agency approval. File 001584(61)

From Stephanie Norwood, submitting opposition to sponsorship of the Ringling Brothers Circus or any other circus in San Francisco.(62)

From Emily Drennen, submitting opposition to the freeway ramp of the Central Freeway being rebuilt. Copy: Each Supervisor(63)

From Wil T, submitting opposition to anyone that does not have command of the English language serving on a jury.(64)

From Comcast Cable, announcing that Comcast Cable has partnered with local schools and community organizations for a massive campus clean up effort at K-12 schools throughout the Bay Area.(65)

From Fernando & Martha Banaria, requesting that left turns not be allowed at the corner of Mission and Persia Streets because of the high density of pedestrian foot traffic and accidents that have occurred there.(66)

From various signators, submitting Form 700 Statement of Economic Interest: Jim Dorenkott, Gabriela Barragan(67)

APPOINTMENT BY THE MAYOR
Environment Commission
Paul Pelosi, Jr.

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

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

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

Return to Full Board Agendas

	APPROVAL OF MEETING MINUTES
		Motion to approve the September 23, 2003 and September 30, 2003 Board Minutes.

	COMMUNICATIONS


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

	CONSENT AGENDA


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

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

1.	031530	[Grant to improve traffic and pedestrian safety in San Francisco]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $439,455 from the California Business, Transportation & Housing Agency Office of Traffic Safety (CBTHAOTS) to prevent DUI and resultant traffic injuries and to enter into an agreement for the use of these funds; for the period of October 1, 2003 to December 31, 2005. (Public Health Department)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

2.	031641	[Accept-Expend Federal Grant]	Supervisor Dufty
		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.)

		Question: Shall this Resolution be ADOPTED?

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

3.	031462	[Appropriate funding for the Day Laborer Program]	Supervisors Ammiano, Daly
		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.


		10/7/2003, PASSED ON FIRST READING. Supervisor Daly requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

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

4.	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.


		10/7/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

5.	031100	[Planning Code Amendment--Mining Exchange Building Setback]	Mayor, Supervisor Hall
		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.)
		10/7/2003, PASSED ON FIRST READING. Supervisor Hall requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

6.	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.)
		10/7/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

7.	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.)
		10/7/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

8.	031527	[Accept-Expend Regional Grant]
		Resolution authorizing the Director of Transportation or his designee to accept and expend $157,000 in FY 03/04 Transportation Fund for Clean Air (TFCA) from the Bay Area Air Quality Management District (Air District) to stripe and sign bike lanes and purchase and install bicycle racks and to execute any and all associated documents. (Parking and Traffic Department)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Rules Committee
		Present: Supervisors Hall, Dufty

9.	031502	[Reduce Members of Lead Hazard Reduction Citizens Advisory Committee From 20 to 15]	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 15 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 two.


		10/7/2003, AMENDED.

		10/7/2003, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

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

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

10.	031276	[Approving ballot and hearing procedures for renewal of the Union Square Business Improvement District]	Supervisors Peskin, Dufty, Newsom
		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.


		10/7/2003, CONTINUED. Continued to October 21, 2003


		Question: Shall this Resolution be ADOPTED?

11.	031277	[Authorize renewal and modification of the Union Square Business Improvement District]	Supervisors Peskin, Dufty, Newsom
		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.


		10/7/2003, CONTINUED. Continued to October 21, 2003 with pending amendment.


		Question: Shall this Resolution be ADOPTED?

12.	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.)
		10/7/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Budget Committee
		Present: Supervisors Daly, Peskin

13.	030983	[2004 Finance Corporation Equipment Program]	Mayor
		Resolution approving the form of and authorizing execution and delivery by the City and County of San Francisco of an equipment lease Supplement No. 11 (Series 2004A Bonds) between the City and the County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco, as lessee, with respect to the equipment to be used for city purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to exceed $10,395,000; providing for reimbursement to the City and County of San Francisco of certain city expenditures incurred prior to the issuance of lease revenue bonds; and providing for the execution of documents in connection therewith. (Mayor)



		Question: Shall this Resolution be ADOPTED?

14.	030771	[Liquor License, 1765 California Street]
		Resolution determining that issuance of a Type 42 on-sale beer and wine public premises license to Jeff Campbell dba "Whole Foods Market", in addition to its existing Type 20 off-sale beer and wine alcoholic beverage control license at 1765 California Street (District 2), will serve the convenience of the people of the City and County of San Francisco; in accordance with Section 23958.4 of the California Business and Professions Code; with conditions.



		Question: Shall this Resolution be ADOPTED?

15.	031519	[Refugee County Plan]
		Resolution approving the San Francisco Federal Fiscal Year 2003 Refugee County Plan. (Private Industry Council)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

16.	031602	[Substance Abuse and Crime Prevention Act of 2000 - Implementation Plan]	Supervisor Newsom
		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.)

		Question: Shall this Resolution be ADOPTED?

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

17.	030869	[Tobacco Sales Permit]	Supervisors Maxwell, Ammiano, Daly, Dufty, McGoldrick
		Ordinance amending the San Francisco Health Code by adding Article 19H to require a permit for tobacco sales and amending the San Francisco Business and Tax Regulations Code by adding section 249.16 to set the fee for the tobacco sales permit.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

18.	031658	[Appropriate State and Federal funding for the CalWORKs, Medi-Cal, IHSS and Foster Care programs]	Mayor
		Ordinance appropriating $2,399,795 of CalWORKs, Medi-Cal, IHSS and Foster Care funding to fill 28.67 vacant FTEs including deletion of 9.38 FTEs and creation of 9.38 FTEs, purchase one-time materials and supplies, and provide stipends to emancipated foster youth for the Department of Human Services and amending Annual Salary Ordinance for Fiscal Year 2003-04. (Mayor)

		(Fiscal impact; No Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

19.	031659	[Public Employment]
		Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2003/04) reflecting the abolishment of 14 positions (9.38 FTEs) and the creation of 14 positions (9.38 FTEs) at the Department of Human Services. (Human Resources Department)

		(Fiscal impact; No Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?