Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

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

AGENDA
Tuesday, November 25, 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 October 28, 2003 Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 5

Recommendation of the Budget Committee

Present: Supervisors Daly, Maxwell, Peskin

1. 031793 [Financial Privacy] Supervisor Peskin
Ordinance amending Section 2000 of Article 20 of the Business and Tax Regulation Code, the "San Francisco Financial Information Privacy Ordinance," to postpone the date upon which Article 20 is set to become operative from January 1, 2004 to July 1, 2004.

11/18/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

2. 031657 [Appropriation of funding and creation of special fund for the Octavia Boulevard Project] Supervisor Peskin
Ordinance appropriating $12,903,999 from the land sales to the San Francisco Redevelopment Agency and $1,106,631 in lease revenues from the Central Freeway land parcels for a total of $14,010,630 to fund the construction of Octavia Boulevard and related ancillary projects for the Department of Public Works for fiscal year 2003-04. (Mayor)

(Fiscal impact; No Public Benefit Recipient.)

11/18/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell, Ammiano

3. 031603 [Generation Solar: Residential and Commercial Solar Program] Supervisors Ammiano, McGoldrick, Maxwell, Daly, Gonzalez
Ordinance requiring the Public Utilities Commission and the Department of the Environment in consultation with other City departments to implement Generation Solar, a solar program for the residential and commercial sectors.

(No Public Benefit Recipient.)

11/18/2003, PASSED ON FIRST READING. Supervisors Daly and Gonzalez requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

4. 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 to update the location of parking restrictions on the blocks adjacent to the San Francisco Main Library. (Parking and Traffic Department)

(No Public Benefit Recipient.)

11/18/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Gonzalez

5. 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.)

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

6. 031895 [Adopting findings related to the tentative subdivision map appeal on property located at 32 Uranus Terrace]
Motion adopting findings related to the appeal of the decision of the Department of Public Works approving a tentative map that legalizes the proposed construction of a two unit new condominium project at 32 Uranus Terrace (Lot 3 in Assessor's Block 2655). (Clerk of the Board)

(Companion measure to Files 031783, 031784, 031785, 031786.)

11/19/2003, REFERRED to Board of Supervisors.

Question: Shall this Motion be ADOPTED?

From the Budget Committee "Without Recommendation"

Present: Supervisors Daly, Maxwell, Peskin

7. 031811 [Development and Lease of Piers 27-31] Supervisors Peskin, Gonzalez
Resolution urging the Port Commission not to Extend the Exclusive Right to Negotiate Agreement with the Mills Corporation and to Re-issue the Request for Proposals for the Development and Lease of Piers 27-31 as a Mixed-Use Recreation Project.

11/18/2003, CONTINUED. Continued to November 25, 2003 Supervisor Gonzalez requested to be added as a co-sponsor.

Question: Shall this Resolution be ADOPTED?

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma

8. 030995 [Licensing and regulation of massage practitioners and businesses] Supervisors Daly, Peskin, Dufty, Ma, Gonzalez, Ammiano
Ordinance amending the San Francisco Police Code by repealing Article 27 (Sections 2700 through 2737), and amending the San Francisco Health Code by adding a new Article 29 (Sections 1900 through 1931), both Articles providing for the licensing and regulation of massage practitioners and businesses, and establishing an operative date for the ordinance.

11/18/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

9. 031866 [Waiving Police and Fire fees for Immigrant Pride Day 2003] Supervisors Gonzalez, Daly
Ordinance waiving fees associated with Immigrant Pride Day 2003 assessed by the San Francisco Police and Fire Departments; urging the Municipal Transportation Agency to waive its fees associated with the same event.

11/18/2003, CONTINUED. Continued to November 25, 2003

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval

10. 031320 [Golden Gate Park Concourse Underground Parking Facility Fees] Supervisor Peskin
Ordinance making environmental findings and amending the San Francisco Park Code by adding Section 12.35 to establish rates for the Golden Gate Park Concourse Underground Parking Facility.

11/18/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

From the Rules Committee "Without Recommendation"

Present: Supervisors Hall, Gonzalez

11. 031561 [Charter Amendment - Allowing the City to reduce the minimum police staffing level after conducting a study of which positions could be filled by civilian personnel rather than sworn Supervisors Ammiano, Daly, Gonzalez
Charter amendment (Third Draft) to amend Section 4.127 and to add Section 16.123, to: provide for a study of which positions in the Police Department could be filled by civilian personnel rather than sworn officers; allow the City to reduce the minimum police staffing level for each position it converts from sworn to civilian, without decreasing the number of police officers dedicated to neighborhood community policing, patrol, and investigations and without substantially interfering with the delivery of police services or the ability of the Police Department to protect the public in the event of an emergency; and, provide that no police officer shall be laid off in order to convert a position from sworn to civilian.

11/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

11/4/2003, CONTINUED AS AMENDED. Continued to November 18, 2003 with the Board Sitting as a Committee of the Whole.

11/18/2003, CONTINUED. Continued to November 25, 2003 Supervisors Daly and Gonzalez requested to be added as co-sponsors.

Question: Shall this Charter Amendment be SUBMITTED?

NEW BUSINESS

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

12. 031466 [Creating Exemption for Administrative Fee for Provision of Additional Police Services Pursuant to Administrative Code Section 10B.2.] Supervisors Peskin, Sandoval
Ordinance amending San Francisco Police Code Section 10B.2 to create an exception for payment of an administrative fee for contracting for additional police services.

Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 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, providing that prior to the issuance by any City Department or agency of any lease or permit to conduct an event on property owned or operated by the City and County of San Francisco at which music will be used, the leasee or permittee shall obtain an appropriate license from Broadcast Music Incorporated for the use of music at the event, and requiring that if an appropriate license for the use of music at the event is not obtained by the leasee or permittee, the City department or agency issuing the lease or permit shall provide funds to the City Admninistrator sufficient to cover any fees incurred pursuant to the City's Local Government Licensing Agreement with Broadcast Music Incorporated. (City Administrator)

(No Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 031703 [Joint Use Cooperative Agreements between the S.F. Public Library and the SFUSD] Supervisor Ammiano
Resolution approving the Joint Use Cooperative Agreements between the San Francisco Public Library and the San Francisco Unified School District for the purpose of Proposition 14 grant applications to construct the Ingleside, Portola, Visitacion Valley, and Ortega branch libraries.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Hall, Gonzalez

15. 031708 [Citizens Advisory Committee on Elections] Supervisor Hall
Ordinance amending the San Francisco Municipal Elections Code, by repealing Sections 700 through 760, regarding the Citizens Advisory Committee on Elections.

Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 031709 [Dissolving the Advisory Committee on Adult Detention] Supervisor Hall
Ordinance amending the San Francisco Administrative Code, by repealing Sections 13.70 through 13.75, regarding the Advisory Committee on Adult Detention.

Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 031704 [Dissolving the Advisory Committee to Fulfill the Charter Reform Mandate] Supervisor Hall
Resolution repealing Resolution No. 283-94, to dissolve the "Advisory Committee to Fulfill the Charter Reform Mandate."

Question: Shall this Resolution be ADOPTED?

18. 031705 [Dissolving the Citizens Committee for Public Participation In Waste Water Project Evaluation] Supervisor Hall
Resolution repealing Resolution No. 19-73, to dissolve the "Citizens Committee for Public Participation In Waste Water Project Evaluation."

Question: Shall this Resolution be ADOPTED?

19. 031706 [Dissolving the National Service Blue Ribbon Commission] Supervisor Hall
Resolution repealing Resolutions Nos. 300-93 and 894-93, to dissolve the "National Service Blue Ribbon Commission."

Question: Shall this Resolution be ADOPTED?

20. 031707 [Dissolving the Ballpark/Arena Advisory Committee] Supervisor Hall
Resolution repealing Resolution No. 1012-93, to dissolve the "Ballpark/Arena Advisory Committee."

Question: Shall this Resolution be ADOPTED?

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

SPECIAL ORDER 4:00 P.M.

21. 031730 [Public Hearing]
Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the Board)

Action:___________________________

22. 031731 [Report of Assessment costs for sidewalk and curb repairs - DPW Order No. 174,392]
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department)

(No Public Benefit Recipient; DPW Order No. 174,392; Location: 690 Folsom Street.)

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 4:30 P.M.

23. 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.

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

Question: Shall this Resolution be ADOPTED?

COMMITTEE REPORTS

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

The following item will be considered by the City Services Committee at a Regular Meeting on Thursday, November 20, 2003. The Chair intends to request the Committee to send the following item to the Board as a committee report.

24. 031644 [Liquor License, 686 Mission Street]
Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Mary Lynn Slattery and Nancy Rowland for VinoVenue, located at 686 Mission Street (District 6), 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?

The following items will be considered by the Land Use Committee at a Regular Meeting on Monday, November 24, 2003. The Chair intends to request the Committee to send the following items to the Board as a committee report.

25. 021575 [General Plan Amendments - 888 Howard Street Hotel] Supervisors Daly, Sandoval
Ordinance amending the San Francisco General Plan in connection with approval of the 888 Howard Street Hotel Project by amending Map 1 (Downtown Land Use and Density Plan) of the Downtown Area Plan of the General Plan to reclassify the use designation of the property located at 888 Howard Street, Lot 066 in Assessor's Block 3724, from C-3-S to C-3-S(SU); adopting findings. (Planning Department)

11/18/2003, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new title.

Question: Shall this Ordinance be PASSED ON FIRST READING?

26. 021576 [Zoning Map Amendments - 888 Howard Street Hotel] Supervisors Daly, Sandoval
Ordinance amending Sheets 1 and 1H of the Zoning Map of the City and County of San Francisco for property located at 888 Howard Street, Lot 066 in Assessor's Block 3724, to change the height and bulk limits of the property from 160-F To 320-S and to change the use district from C-3-S to C-3-S (SU); adopting findings. (Planning Department)

(Planning Commission Resolution #16410 approving Reclassification Application No. 2000.790ZM dated 5/23/02; Resolution #16420 approving Planning Code Tax Amendments and Reclassification Application No. 2000.790TZM on 6/6/02; Resolution #16408 approving CEQA findings for Application No. 2000.790E on 5/23/02; Motion #16409 approving Conditional Use Application No. 2000.961C on 5/23/02; Motion #16421 approving Section 309 Application No. 2000.790X on 6/6/02; Final Environmental Impact Report dated 1/10/02; Case No. 2000.790EKXCTZM; companion measure to Files 021575, and 021577.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 021577 [Planning Code Amendments in connection with 888 Howard Street Hotel Project] Supervisors Daly, Sandoval
Ordinance amending the San Francisco Planning Code by amending Sections 102.9, 123, Table 124 and Section 138 and by adding new Section 247, to create a C-3-S(SU) Downtown Support Special Use District within the C-3-S zoning district to allow development of a Hotel Project with a basic and maximum floor area ratio (after purchase of all market-rate, available Transfer Development Rights within the C-3-S zoning district or contribution of an equivalent amount of money under specified conditions) of 7.5 to 1, to include the new C-3-S(SU) zoning district within the definition of "gross floor area" and to provide that the minimum open space requirement for the new C-3-S(SU) zoning district is one square foot for every 50 gross square feet of uses; adopting findings. (Planning Department)

11/18/2003, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new tile.

Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 031497 [Extending deadlines by ten days for scheduling and/or deciding appeals under Planning Code Section 308.1 when the Board does not conduct at least three regular meetings during a deadline Supervisor Gonzalez
Ordinance amending San Francisco Planning Code Section 308.1 to extend deadlines by ten days, from 30 days to 40 days, for scheduling and/or deciding appeals under Section 308.1 when the Board of Supervisors does not conduct at least three regular meetings during a deadline period.

Question: Shall this Ordinance be PASSED ON FIRST READING?

29. 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.

30. 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 31 through 36

31. 031890 [Extension of Grant Agreement] Supervisor Daly
Resolution authorizing the Director of Public Works or his designee to apply for one-year extensions of Federal and State grants expiring on June 30, 2004.

11/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 031891 [Extension of Planning Commission Review Period] Supervisor Gonzalez
Resolution extending for 45 additional days the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the San Francisco Planning Code by adding section 703.3 and by amending section 182 to make findings as to the need to regulate formula retail uses, to define formula retail uses, prohibit formula retail uses in the Hayes-Gough Neighborhood Commercial District and in the Neighborhood Commercial Cluster Districts at Cole and Carl Streets and Parnassus and Stanyan Streets, to require any building permit application for a formula retail use to comply with the notice and design review procedures of section 312 of the Planning Code, to provide that the burden to prove that a use is not a formula retail use rests with the building permit applicant or holder, and to provide that nonconforming uses in Residential Districts which are seeking to change in use to retail sales activity or retail sales establishment which is also a formula retail use must comply with the provisions of Section 703.3, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

11/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 031892 [Commending Nancy Warren] Supervisor Maxwell
Resolution commending Nancy Warren for her work to manage and prevent asthma in San Francisco and for her support to the San Francisco Asthma Task Force and proclaiming the 24th of November as Nancy Warren Day.

11/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 031893 [Gun Shows at Cow Palace] Supervisor Sandoval
Resolution urging the state to take appropriate action to ban gun shows at Cow Palace.

11/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 031894 [Declaration of November 4, 2003 Election Results]
Resolution declaring the results of the November 4, 2003 Consolidated Municipal Election. (Elections Department)

11/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 031870 [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.

11/18/2003, 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:_________________________________________

37. 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 November 11, 2003 through November 17, 2003, for reference by President to appropriate committee on November 25, 2003.

031839 [Sidewalk Parking Fine Increase]
Ordinance amending Article 7, Section 132 of the San Francisco Traffic Code, to increase the fine for sidewalk parking from $75.00 to $100.00 as of January 1, 2004, in accordance with Resolution No. 648-01, adopted August 17, 2001; to update the fine for stopping on a freeway because of the repeal of Vehicle Code Section 25220 and enactment of Vehicle Code Section 21718; and to make various editorial changes to clarify the Penalty Schedule. (Parking and Traffic Department)

(No Public Benefit Recipient.)

11/13/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

11/17/2003, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review.

031855 [Settlement of Lawsuit - Poppie Kouremetis]
Ordinance authorizing the settlement of lawsuit filed by Poppie Kouremetis against the City and County of San Francisco for $95,000; the lawsuit was filed on May 13, 2002, in San Francisco Superior Court and was removed to United States District Court, Case No. C02-02980 MEJ, entitled Kouremetis v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

11/17/2003, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from November 11, 2003 through November 17, 2003, for reference by President to appropriate committee on November 25, 2003.

031836 [Contracting out Status Offender Shelter and Intake Services]
Resolution concurring with the Controller's certification that Intake and Shelter Services to Status Offenders can be practically performed by private contractor for lower cost than similar services performed by city and county employees. (Juvenile Probation Department)

(Public Benefit Recipient.)

11/13/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031843 [HIV risk behavior surveillance among men who have sex with men]
Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept retroactively and expend a grant in the amount of $172,882 from the Centers for Disease Control and Prevention (CDC) for HIV risk behavior surveillance among men who have sex with men and to enter into an agreement for the use of these funds; for the period of September 30, 2003, to September 29, 2004. (Public Health Department)

(Public Benefit Recipient.)

11/13/2003, RECEIVED AND ASSIGNED to City Services Committee.

031852 [Accept-Expend Federal/State Grant - Victim/ Witness Assistance Program]
Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $562, 287 through the California Office of Criminal Justice Planning for the operation of a program entitled "Victim/Witness Assistance Program." (District Attorney)

(No Public Benefit Recipient.)

11/14/2003, RECEIVED AND ASSIGNED to City Services Committee.

031853 [Accept-Expend Federal Grant - Threat Management/Stalking Vertical Prosecution Program]
Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $140,000 through the California Office of Criminal Justice Planning for the operation of a program entitled "Threat Management/Stalking Vertical Prosecution Program." (District Attorney)

(No Public Benefit Recipient.)

11/14/2003, RECEIVED AND ASSIGNED to City Services Committee.

031854 [Accept-Expend Grant - Violence Against Women Vertical Prosecution Program]
Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $108,812 through the California Office of Criminal Justice Planning for the operation of a program entitled "Violence Against Women Vertical Prosecution Program." (District Attorney)

(No Public Benefit Recipient.)

11/14/2003, RECEIVED AND ASSIGNED to City Services Committee.

031918 [Petitions and Communications]
Petitions and Communications received from November 11, 2003 through November 17, 2003 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 25, 2003.

From Celeste Tonogbanua Friedman, submitting request for transfer of a Type 20 Off-Sale liquor license for "The Gift Basket" located at 236 8th Street, #D.(1)

From State Department of Insurance, regarding educating the public about the Low Cost Auto Insurance Program.(2)

From Police Department, concerning the adoption of the "Secondary Unit" legislation and the increase in requests for police and other public safety services in San Francisco.(3)

From Pacific Gas and Electric Company, concerning Pacific Gas and Electric Company's efforts to supply the Lucas Letterman Digital Arts center.(4)

From Office of the Legislative Analyst, concerning research issues related to the siting of cellular phone antennae.(5)

From John Barry, regarding the appointment of Adam Werbach to the Public Utilities Commission.(6)

From California Prosecutors Association, urging the Board to approve Charter amendment regarding retirement benefits for District Attorneys and Public Defenders in San Francisco. File 03-0857(7)

From concerned citizens, submitting support for the appointment of Adam Werbach to the Public Utilities Commission. Approximately 500 e-mails.(8)

From State Department of Insurance, submitting notice that the Insurance Commissioner will be conducting a town hall meeting regarding "Auto Premium Ratings" on December 4, 2003 at 1515 Clay Street beginning at 6:00 p.m. Copy: Each Supervisor(9)

From concerned citizens, submitting support for the development of Piers 27- 31 for the state of the art indoor/outdoor Waterfront YMCA. File 031811, Copy: Each Supervisor(10)

From Steve Portaro, submitting his concerns with Muni's bus terminal located on the 600 block of 4th Street.Copy: Supervisor Daly, forwarded to General Manager, Muni.(11)

From State Controller, requesting recommendations on filling vacancies on the Controller's Advisory Committee on County Accounting Procedures. Copy: Each Supervisor(12)

From Clerk of the Board, submitting copy of memorandum sent to the Employees' Retirement System regarding Proposition B, Retirement Benefits for Safety Employees.(13)

From Clerk of the Board, submitting copy of memorandum sent to the Board of Supervisors regarding Proposition C, City Services Auditor.(14)

From Clerk of the Board, submitting copy of memorandum sent to the Board of Supervisors regarding Proposition E, Ethics Reform.(15)

From Clerk of the Board, submitting copy of memorandum sent to the Board of Supervisors regarding Proposition H, Police Commission/Office of Citizen Complaints.(16)

From concerned citizens, submitting opposition to the proposed projects at 300 Spear Street and 201 Folsom Street. Files 031631, 031627(17)

From Reuben and Alter LLP, regarding appeal of Final Mitigated Negative Declaration Project at 701 Lombard Street.File 031840(18)

From Stefel, Levitt & Weiss, responding to appeal of the Final Environmental Impact Report for the 300 Spear Street Project. File 031631, Copy: Each Supervisor(19)

From Reuben and Alter LLP, responding to appeal of the Final Environmental Impact Report for the 201 Folsom Street Project. File 031627, Copy: Each Supervisor(20)

From San Francisco Tomorrow, submitting opposition to any voting system that does not produce clear and accurate paper ballots that will be permanent hard copy records of every election. Copy: Each Supervisor(21)

From Office of the Mayor, submitting Efficiency Plan for 2003-04 in keeping with the requirements of Chapter 88 of the Administrative Code.(22)

From Michael Wilmar, urging the Board to adopt the proposed compensation contract for the Director of Transportation.(23)

From Golden Gate Heights Neighborhood Association, submitting opposition to proposed legislation banning posting of bills on utility poles on a citywide basis. File 03-1273.(24)

Number not used.(25)

From Office of the City Attorney, submitting an update on the City Attorney's Financial Recovery and Savings Report dated November 5, 2003. Copy: Each Supervisor(26)

From Comcast Communications Inc., submitting notice of a price adjustment to Adult Pay-Per View programming offered to Comcast Cable customers in San Francisco.(27)

From Comcast Communications Inc., submitting notice of additional programs offered to Comcast Cable customers.(28)

From Transportation and Land Use Coalition, submitting report entitled "Revolutionizing Bay Area Transit on a Budget" creating a state-of-the-art rapid bus network. Copy: Each Supervisor(29)

From Alliance for Golden Gate Park, submitting opposition to the proposed Golden Gate Park Master Plan Findings, Golden Gate Park Concourse Authority Projects. File 031321(30)

From concerned citizens, submitting opposition to the proposed Secondary Unit legislation. File 021598(31)

From Asian Art Museum, submitting Efficiency Plan for fiscal year 2003-04.(32)

From concerned citizens, submitting opposition to appointments made by the Acting Mayor to the Public Utilities Commission. Copy: Each Supervisor(33)

From the Neighborhood Network, submitting support for proposed legislation regarding "Formula Retail" stores. Copy: Each Supervisor(34)

From Board of Appeals, regarding notice that the Board of Appeals has no vending machines.(Reference No. 20030923-035) Copy: Supervisor Peskin(35)

From Kathleen Dooley, submitting opposition to the Mills Project development at Piers 27-31.File 031811(36)

From John Eggert, submitting request for a traffic study at the intersection of Plymouth and Monterey.(37)

From McCarthy, Johnson and Miller, submitting comments on proposed Charter amendment regarding tolling Board deadlines during recess, reducing votes required when Board members are disqualified, limiting hold-over appointments, setting deadlines for police and fire negotiations, and renaming the Commission on Aging.(38)

From Public Utilities Commission, submitting notice of a system-wide change in the residual drinking water disinfectant from the chlorine to chloramine in February 2004.(39)

From Port, regarding vending machine usage at the Port of San Francisco.(40)

From SF Redevelopment Agency, submitting its financial and performance reports for the quarter ended June 30, 2003.(41)

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 October 28, 2003 Meeting Minutes.

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendation of the Budget Committee



		Present: Supervisors Daly, Maxwell, Peskin

1.	031793	[Financial Privacy]	Supervisor Peskin
		Ordinance amending Section 2000 of Article 20 of the Business and Tax Regulation Code, the "San Francisco Financial Information Privacy Ordinance," to postpone the date upon which Article 20 is set to become operative from January 1, 2004 to July 1, 2004.


		11/18/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Finance and Audits Committee



		Present: Supervisors Peskin, Sandoval, McGoldrick

2.	031657	[Appropriation of funding and creation of special fund for the Octavia Boulevard Project]	Supervisor Peskin
		Ordinance appropriating $12,903,999 from the land sales to the San Francisco Redevelopment Agency and $1,106,631 in lease revenues from the Central Freeway land parcels for a total of $14,010,630 to fund the construction of Octavia Boulevard and related ancillary projects for the Department of Public Works for fiscal year 2003-04. (Mayor)

		(Fiscal impact; No Public Benefit Recipient.)
		11/18/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use Committee



		Present: Supervisors McGoldrick, Maxwell, Ammiano

3.	031603	[Generation Solar: Residential and Commercial Solar Program]	Supervisors Ammiano, McGoldrick, Maxwell, Daly, Gonzalez
		Ordinance requiring the Public Utilities Commission and the Department of the Environment in consultation with other City departments to implement Generation Solar, a solar program for the residential and commercial sectors.

		(No Public Benefit Recipient.)
		11/18/2003, PASSED ON FIRST READING. Supervisors Daly and Gonzalez requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	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 to update the location of parking restrictions on the blocks adjacent to the San Francisco Main Library. (Parking and Traffic Department)

		(No Public Benefit Recipient.)
		11/18/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules Committee



		Present: Supervisors Hall, Gonzalez

5.	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.)

		Question: Shall this Resolution be ADOPTED?



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

6.	031895	[Adopting findings related to the tentative subdivision map appeal on property located at 32 Uranus Terrace]
		Motion adopting findings related to the appeal of the decision of the Department of Public Works approving a tentative map that legalizes the proposed construction of a two unit new condominium project at 32 Uranus Terrace (Lot 3 in Assessor's Block 2655). (Clerk of the Board)

		(Companion measure to Files 031783, 031784, 031785, 031786.)
		11/19/2003, REFERRED to Board of Supervisors.


		Question: Shall this Motion be ADOPTED?

	From the Budget Committee "Without Recommendation"



		Present: Supervisors Daly, Maxwell, Peskin

7.	031811	[Development and Lease of Piers 27-31]	Supervisors Peskin, Gonzalez
		Resolution urging the Port Commission not to Extend the Exclusive Right to Negotiate Agreement with the Mills Corporation and to Re-issue the Request for Proposals for the Development and Lease of Piers 27-31 as a Mixed-Use Recreation Project.


		11/18/2003, CONTINUED. Continued to November 25, 2003 Supervisor Gonzalez requested to be added as a co-sponsor.


		Question: Shall this Resolution be ADOPTED?

	Recommendations of the City Services Committee



		Present: Supervisors Dufty, Ma

8.	030995	[Licensing and regulation of massage practitioners and businesses]	Supervisors Daly, Peskin, Dufty, Ma, Gonzalez, Ammiano
		Ordinance amending the San Francisco Police Code by repealing Article 27 (Sections 2700 through 2737), and amending the San Francisco Health Code by adding a new Article 29 (Sections 1900 through 1931), both Articles providing for the licensing and regulation of massage practitioners and businesses, and establishing an operative date for the ordinance.


		11/18/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

9.	031866	[Waiving Police and Fire fees for Immigrant Pride Day 2003]	Supervisors Gonzalez, Daly
		Ordinance waiving fees associated with Immigrant Pride Day 2003 assessed by the San Francisco Police and Fire Departments; urging the Municipal Transportation Agency to waive its fees associated with the same event.


		11/18/2003, CONTINUED. Continued to November 25, 2003


		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendation of the Finance and Audits Committee



		Present: Supervisors Peskin, Sandoval

10.	031320	[Golden Gate Park Concourse Underground Parking Facility Fees]	Supervisor Peskin
		Ordinance making environmental findings and amending the San Francisco Park Code by adding Section 12.35 to establish rates for the Golden Gate Park Concourse Underground Parking Facility.


		11/18/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	From the Rules Committee "Without Recommendation"



		Present: Supervisors Hall, Gonzalez

11.	031561	[Charter Amendment - Allowing the City to reduce the minimum police staffing level after conducting a study of which positions could be filled by civilian personnel rather than sworn	Supervisors Ammiano, Daly, Gonzalez
		Charter amendment (Third Draft) to amend Section 4.127 and to add Section 16.123, to: provide for a study of which positions in the Police Department could be filled by civilian personnel rather than sworn officers; allow the City to reduce the minimum police staffing level for each position it converts from sworn to civilian, without decreasing the number of police officers dedicated to neighborhood community policing, patrol, and investigations and without substantially interfering with the delivery of police services or the ability of the Police Department to protect the public in the event of an emergency; and, provide that no police officer shall be laid off in order to convert a position from sworn to civilian.


		11/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		11/4/2003, CONTINUED AS AMENDED. Continued to November 18, 2003 with the Board Sitting as a Committee of the Whole.

		11/18/2003, CONTINUED. Continued to November 25, 2003 Supervisors Daly and Gonzalez requested to be added as co-sponsors.


		Question: Shall this Charter Amendment be SUBMITTED?

	Recommendations of the Finance and Audits Committee



		Present: Supervisors Peskin, Sandoval, McGoldrick

12.	031466	[Creating Exemption for Administrative Fee for Provision of Additional Police Services Pursuant to Administrative Code Section 10B.2.]	Supervisors Peskin, Sandoval
		Ordinance amending San Francisco Police Code Section 10B.2 to create an exception for payment of an administrative fee for contracting for additional police services.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

13.	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, providing that prior to the issuance by any City Department or agency of any lease or permit to conduct an event on property owned or operated by the City and County of San Francisco at which music will be used, the leasee or permittee shall obtain an appropriate license from Broadcast Music Incorporated for the use of music at the event, and requiring that if an appropriate license for the use of music at the event is not obtained by the leasee or permittee, the City department or agency issuing the lease or permit shall provide funds to the City Admninistrator sufficient to cover any fees incurred pursuant to the City's Local Government Licensing Agreement with Broadcast Music Incorporated. (City Administrator)

		(No Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

14.	031703	[Joint Use Cooperative Agreements between the S.F. Public Library and the SFUSD]	Supervisor Ammiano
		Resolution approving the Joint Use Cooperative Agreements between the San Francisco Public Library and the San Francisco Unified School District for the purpose of Proposition 14 grant applications to construct the Ingleside, Portola, Visitacion Valley, and Ortega branch libraries.



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee

		Present: Supervisors Hall, Gonzalez

15.	031708	[Citizens Advisory Committee on Elections]	Supervisor Hall
		Ordinance amending the San Francisco Municipal Elections Code, by repealing Sections 700 through 760, regarding the Citizens Advisory Committee on Elections.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

16.	031709	[Dissolving the Advisory Committee on Adult Detention]	Supervisor Hall
		Ordinance amending the San Francisco Administrative Code, by repealing Sections 13.70 through 13.75, regarding the Advisory Committee on Adult Detention.



		Question: Shall this Ordinance be PASSED ON FIRST READING?