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Full Board Agendas

City and County of San Francisco

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

seal of the city and county of sf

MEETING MINUTES
Tuesday, May 18, 2004
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

Board of Supervisors


MATT GONZALEZ, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY,
BEVAN DUFTY, TONY HALL, FIONA MA, SOPHIE MAXWELL,
JAKE McGOLDRICK, AARON PESKIN, GERARDO SANDOVAL


Members Present: Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Aaron Peskin, Gerardo Sandoval.
Members Excused: None.
Members Absent: None.


ROLL CALL AND PLEDGE OF ALLEGIANCE
The meeting was called to order at 2:06 p.m. On the call of the roll Supervisors Alioto-Pier and Ammiano were noted absent.

Supervisor Ammiano was noted present at 2:15 p.m.

Supervisor Alioto-Pier was noted present at 2:20 p.m.

Quorum present.

 

AGENDA CHANGES
 

CONSENT AGENDA
 

Recommendation of the Budget Committee
 

040451 [City Hiring Freeze] Supervisors Sandoval, Hall
Ordinance prohibiting the City from filling new or vacant positions except for enterprise or non-General Fund departments or where the Mayor determines that certain exceptions apply, and setting an expiration date.
Enacted Number: 95-04
FINALLY PASSED
 

Recommendations of the Finance and Audits Committee
 

040236 [Community Choice Aggregation Program] Supervisors Ammiano, Maxwell, Gonzalez, Peskin, Daly, McGoldrick
Ordinance establishing a Community Choice Aggregation Program in accordance with California Public Utilities Code Sections 218.3, 331.1, 366, 366.2, 381.1, 394, and 394.25, allowing San Francisco to aggregate the electrical load of electricity consumers within San Francisco and to accelerate the introduction of renewable energy, conservation and energy efficiency into San Francisco's portfolio of energy resources.
Enacted Number: 86-04
FINALLY PASSED
 

040352 [Lease of Real Property - 1060 Howard Street] Supervisors Daly, Peskin
Resolution authorizing the lease of 4,592 sq. ft. of clinic space in the building located at 1060 Howard Street, San Francisco for the Department of Public Health. (Real Estate Department)

(Fiscal impact.)

Enacted Number: 310-04
ADOPTED by the following vote:
Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Absent: 2 - Alioto-Pier, Ammiano

040430 [Contracting out Parking Citation Processing/Collection System Services]
Resolution concurring with Controller's certification that citation processing and collection services can be practically performed by a private contractor at a lower cost than by City and County employees. (Parking and Traffic Department)
Enacted Number: 314-04
ADOPTED
 

Recommendations of the Land Use Committee
 

030679 [Resource Efficiency Requirements and Green Building Standards] Supervisors Ammiano, Maxwell, Peskin, Daly
Ordinance repealing Chapter 7 of the Environment Code, Resource Efficiency Requirements, and adding a new Chapter 7 to the Environment Code to adopt and incorporate new provisions for green building design principles for City construction projects and to reconfigure the existing Resource Efficiency Building Task Force.
Enacted Number: 88-04
FINALLY PASSED
 

040315 [Designating 2362 Market Street, the Jose Theater / Names Project building, as a Landmark Under Planning Code Article 10] Supervisors Dufty, Maxwell, Peskin
Ordinance designating 2362 Market Street, the Jose Theater / Names Project Building, as Landmark No. 241 Pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department)
Enacted Number: 92-04
FINALLY PASSED
 

040443 [Designating 2550 Mission Street, the New Mission Theater, as a Landmark] Supervisors Ammiano, Maxwell, Peskin, Daly
Ordinance designating 2550 Mission Street, the New Mission Theater, as Landmark No. 245.
Enacted Number: 87-04
FINALLY PASSED
 

Recommendations of the Rules Committee
 

020585 [Establishing a Library Citizens Advisory Committee] Supervisor Daly
Ordinance amending Chapter 5 of the San Francisco Administrative Code by adding Article 25, Section 5.250, to establish the Library Citizens Advisory Committee as an advisory committee to the Board of Supervisors.
Enacted Number: 94-04
FINALLY PASSED
 

040299 [Settlement of Lawsuit - Laurie, Adam, Jeremy and Caleb Peretz]
Ordinance authorizing settlement of the lawsuit filed by Laurie, Adam, Jeremy and Caleb Peretz against the City and County of San Francisco for $82,500.00; the lawsuit was filed on December 24, 2002 in San Francisco Superior Court, Case No. 416086; entitled Peretz, et al., v. City and County of San Francisco, et al. (City Attorney)
Enacted Number: 90-04
FINALLY PASSED
 

040300 [Settlement of Lawsuit - Anthony Bell]
Ordinance authorizing settlement of the lawsuit filed by Anthony Bell against the City and County of San Francisco for $75,000; the lawsuit was filed on December 23, 2002 in San Francisco Superior Court, Case No. 416-036; entitled Anthony Bell, et al., v. City and County of San Francisco, et al. (City Attorney)
Enacted Number: 91-04
FINALLY PASSED
 

040393 [Settlement of Lawsuit - 555 California Street Partners, et al.]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against 555 California Street Partners, a California limited partnership, Davre's Inc., Factory Mutual Insurance Company, Excel Building Services, LLC and National Guardian Enterprises, Inc., for $34,200; the lawsuit was filed on August 20, 2003 in the Superior Court of the County of San Francisco, Case No. 423627; entitled City and County of San Francisco v. 555 California Street Partners, a California limited partnership, Davre's Inc., Factory Mutual Insurance Company, Excel Building Services, LLC and National Guardian Enterprises, Inc., et al. (City Attorney)
PASSED, ON FIRST READING
 

040356 [Appointment - Immigrant Rights Commission]
Resolution appointing Zina Spektor, term ending June 6, 2005, to the Immigrant Rights Commission.

Zina Spektor, succeeding Juan Berumen, term expired, seat 11, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2005.

Enacted Number: 311-04
ADOPTED
 

040446 [Confirming the appointment of Peter Mezey to the Municipal Transportation Agency Board of Directors] Mayor
Resolution confirming the appointment of Peter Mezey to the Board of Directors of the Municipal Transportation Agency, term ending March 1, 2008.
Enacted Number: 315-04
ADOPTED
 

040580 [Appointment - Lead Hazard Reduction Citizens Advisory Committee]
Resolution appointing James Hutchinson, term ending December 31, 2006, to the Lead Hazard Reduction Citizens Advisory Committee; residency requirement waived.

James Hutchinson (residency requirement waived), succeeding himself, term expired, Seat No. 2, must represent the Bureau of Bldg. Inspection, DPW or designee, for the unexpired portion of a three-year term ending December 31, 2006.

Enacted Number: 316-04
ADOPTED
 

The foregoing items were acted upon by the following vote:
Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Absent: 2 - Alioto-Pier, Ammiano

Severed from Consent Agenda
Supervisor McGoldrick requested that this matter be severed so that it could be considered separately.
 

040431 [Contracting out Parking Meter Management System Services]
Resolution concurring with Controller's certification that parking meter management services, including collection and coin counting can be practically performed by a private contractor at a lower cost than by City and County employees. (Parking and Traffic Department)
ADOPTED by the following vote:
Ayes: 6 - Daly, Dufty, Hall, Ma, Maxwell, Peskin
Noes: 3 - Gonzalez, McGoldrick, Sandoval
Absent: 2 - Alioto-Pier, Ammiano

Supervisor Daly, seconded by Supervisor McGoldrick, moved to rescind the previous vote.

Motion to rescind the previous vote carried without objection.

NOT ADOPTED by the following vote:
Ayes: 5 - Alioto-Pier, Dufty, Hall, Ma, Maxwell
Noes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval

REGULAR AGENDA
 

UNFINISHED BUSINESS
 

Recommendations of the Finance and Audits Committee
 

031839 [Sidewalk Parking Fine Increase] Supervisor Daly
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 July 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)
PASSED ON FIRST READING by the following vote:
Ayes: 6 - Alioto-Pier, Ammiano, Daly, Gonzalez, Maxwell, Peskin
Noes: 5 - Dufty, Hall, Ma, McGoldrick, Sandoval

040537 [Surplus City Property] Supervisor Daly
Ordinance amending the San Francisco Administrative Code by amending Sections 23A.4, 23A.6, 23A.7, 23A.8, 23A.10, and 23A.11, and adding Section 23A.9, to specify procedures for identification of surplus City real property, assessment of the use of such property for housing for the homeless, and approvals for disposition and development of appropriate surplus real property and to establish a Citizens' Advisory Committee.
Enacted Number: 93-04
FINALLY PASSED by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 2 - Hall, Ma

040538 [Interdepartmental Jurisdictional Transfer of Surplus Property] Supervisor Daly
Ordinance transferring jurisdiction from the Department of Public Works, the Department of Human Services, and the Real Estate Division of the Administrative Services Department to the Mayor's Office of Housing over the real property commonly known as Ordinance transferring jurisdiction from the Department of Public Works, the Department of Human Services, and the Real Estate Division of the Administrative Services Department to the Mayor's Office of Housing over the real property commonly known as 301 Wilde; 395 Justin Drive; 1051 Palou; 341 Corbett; 114 Elmira; 949 Vermont Street; 150-170 Otis Street; 100 Broadway Street; 735 Battery Street; and 155 Grove Street and over the real property located near the intersections; Geneva and Ocean Avenues; Junipero Serra and Shields Street; San Jose and Cuvier Street; Roosevelt Way at Henry Street; Lawton and 20th Avenue; for assessment of each property for development as affordable housing consistent with Chapter 23A of the Administrative Code.
Enacted Number: 96-04
FINALLY PASSED by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 2 - Hall, Ma

040362 [To appropriate funding to Modification No.12 to Contract No.309 with ANSALDOBREDA (Breda), and related consultant and administrative costs for the Municipal Transportation Agency] Mayor
Ordinance appropriating $12,274,340 of fund balance to fund Modification No. 12 to Contract No. 309 with ANSALDOBREDA (Breda) and for related consultant and administrative costs as part of the Muni Light Rail Vehicles (LRV) Procurement Program. Funding is provided from proceeds of a recently completed Breda lease-lease back transaction. The MTA adopted Resolution No. 04-016 approving a spending plan for Muni's Breda LRV modification program, with an emphasis on operational and passenger safety security enhancements for fiscal year 2003-04.

(Fiscal impact.)

Supervisor Sandoval, seconded by Supervisor Ammiano, moved to refer this matter to the Budget Committee.

Motion to refer this matter to the Budget Committee failed by the following vote:

Ayes: 4 - Daly, Gonzalez, McGoldrick, Sandoval

Noes: 7 - Alioto-Pier, Ammiano, Dufty, Hall, Ma, Maxwell, Peskin

PASSED ON FIRST READING by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Hall, Ma, Maxwell, McGoldrick, Peskin
Noes: 2 - Gonzalez, Sandoval

040364 [Municipal Transportation Agency Contract No. CS-103 with Booz Allen & Hamilton Inc.] Mayor
Resolution authorizing the Municipal Transportation Agency to enter into Amendment No. 4 to Municipal Railway Contract No. CS-103 with Booz Allen & Hamilton Inc., for further engineering services through closeout of MUNI's Light Rail Replacement Program, for (1) further consulting services through closeout of MUNI's light rail vehicle replacement program, (2) a contract increase not to exceed $1,500,978, for a total contract amount not to exceed $17,223,332; and (3) a contract extension through December 31, 2007.

(Fiscal impact.)

Enacted Number: 312-04
ADOPTED by the following vote:
Ayes: 8 - Alioto-Pier, Daly, Dufty, Hall, Ma, Maxwell, McGoldrick, Peskin
Noes: 3 - Ammiano, Gonzalez, Sandoval

040384 [Municipal Transportation Agency Contract Modification No. 12 with ANSALDOBREDA S.p.a] Mayor
Resolution authorizing the Municipal Transportation Agency to enter into Contract Modification No. 12 with ANSALDOBREDA S.p.a for (1) completion of the video surveillance retrofit on 87 light rail vehicles; (2) design, testing and installation of an emergency brake acceleration limiting device on 151 vehicles; (3) overhaul of the brake system on 23 vehicles, plus two options for up to 30 additional vehicles each; (4) funding for spare parts and repair of damaged vehicles; and (5) modification of the delivery schedule, payment schedule, warranty provisions, and other terms and conditions of the contract to address the new work; all in an amount not to exceed $9,148,576, and for a total contract amount not to exceed $407,155,455.

(Fiscal impact.)

Enacted Number: 313-04
ADOPTED by the following vote:
Ayes: 8 - Alioto-Pier, Daly, Dufty, Hall, Ma, Maxwell, McGoldrick, Peskin
Noes: 3 - Ammiano, Gonzalez, Sandoval

Recommendation of the Land Use Committee
 

031463 [Zoning - Large-scale Retail Use] Supervisors Ammiano, Dufty, Gonzalez, McGoldrick, Daly
Ordinance amending the Planning Code to add section 121.6 to impose a conditional use requirement for large-scale retail uses in excess of 50,000 gross square feet outside of the C-3 zoning districts and in excess of 90,000 gross square feet within the C-3 zones, to prohibit such uses if they are in excess of 120,000 gross square feet in any zone other than the C-3 zones, and to prohibit specified large-scale retail uses in excess of 120,000 gross square feet in the C-3 zones; amending Planning Code section 303 to add findings for the abovementioned uses concerning active street frontage patterns, mixed-use building opportunities, and other criteria set forth herein; making findings of consistency with the General Plan and Planning Code section 101.1(b); and exempting from this legislation those uses for which the City received a site permit application prior to July 15, 2003.

Supervisor Maxwell dissenting in committee.

Enacted Number: 89-04
FINALLY PASSED by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Ma, McGoldrick, Peskin, Sandoval
Noes: 2 - Hall, Maxwell

NEW BUSINESS
 

Recommendation of the Rules Committee
 

040146 [Determination of Fiscal Feasibility of Proposed Project] Supervisors Peskin, Ma
Ordinance amending the San Francisco Administrative Code by adding a new Chapter 28 to require Board of Supervisors review of a proposed project meeting certain criteria and a determination that the proposed project is fiscally responsible and feasible before undertaking environmental review of the proposed project.
Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

PASSED ON FIRST READING AS AMENDED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

Recommendations of the Finance and Audits Committee
 

031991 [Work Practices for Lead-Based Paint and Fees For Implementation of Work Practices Program Provisions Regarding Interiors] Supervisors Peskin, Maxwell, Daly, Gonzalez
Ordinance amending Section 3407 et seq., Section 110 Table 1-A and Section 110 Table 1-P of the San Francisco Building Code to regulate work that disturbs or removes lead-based paint in the interior of pre-1979 buildings that are in Group E3, R1 or R3 occupancy classification, as well as, the exterior of pre-1979 buildings and all steel structures; establish performance standards for work that disturbs or removes lead-based paint in the interior and exterior of such buildings and steel structure; conform the process for assessing administrative penalties with that for the issuance of an Order of Abatement, to provide a surcharge fee for alteration permits sought for buildings classified as R3 and E3 that were constructed prior to 1979 to implement the lead interior safe work practices provisions of Section 3407 et seq., to provide a surcharge license fee for apartment houses and hotels constructed prior to 1979, other than those operating only as tourist hotels, to implement the lead interior safe work practices provisions of Section 3407 et seq., and to make findings in accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and geological reasons for amending the State Building Code.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Hall

031992 [Relocation of Persons Affected by Lead Hazards] Supervisors Peskin, Maxwell, Daly, Gonzalez
Ordinance amending Section 596 of the San Francisco Health Code and Sections 37.3, 37.9, 72.1 to 72.3, inclusive, and 72.5 of the San Francisco Administrative Code providing for orders to vacate and notices to pay relocation benefits, providing for a hearing process under Article 11 of the Health Code if a notice to pay relocation benefits is not complied with, disallowing passthroughs to tenants of the costs of lead remediation performed in accordance with Article 11 of the Health Code when lead hazards remedied are a result of deferred maintenance; authorizing landlords to temporarily recover possession of a unit for the purposes of performing lead remediation as required by the Department in accordance with Article 11 of the Health Code but only for the minimum time required to perform the remediation; increasing relocation payments required under Chapter 72 and indexing those relocation payments to the Consumer Price Index as of July 1, 2004; and providing an alternative to making relocation payments if a comparable dwelling unit is made available.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Hall

040301 [Approval of taxicab color scheme transfers]
Ordinance amending the San Francisco Police Code, by amending Section 1125 to provide that the Taxi Commission may consider the effect on the public interest, including the impact on paratransit service, when a permit holder seeks to associate with a color scheme or to transfer the permit to another color scheme. (Taxi Commission)
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

040302 [Requiring that applicants for a ramped taxi permit have completed at least 100 wheelchair pick-ups during the six months immediately preceding the Taxi Commission's hearing on the
Ordinance amending the San Francisco Police Code, by amending Section 1148.1, to require that applicants for a ramped taxi permit have completed at least 100 wheelchair pick-ups during the six months immediately preceding the Taxi Commission's hearing on the application. (Taxi Commission)
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

040536 [Audit Priorities] Supervisor Daly
Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments.
Enacted Number: M04-57
APPROVED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

From the Finance and Audits Committee Without Recommendation
 

040229 [Contracting out laundry services at S.F. General Hospital]
Resolution concurring with the Controller's certification that the laundry services can be performed for the Department of Public Health, San Francisco General Hospital by a private contractor for a lower cost than similar work performed by City and County employees. (Public Health Department)
Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved to continue this matter to the Board Meeting of June 8, 2004.

Motion to continue this matter failed by the following vote:

Ayes: 4 - Alioto-Pier, Dufty, Hall, Maxwell

Noes: 7 - Ammiano, Daly, Gonzalez, Ma, McGoldrick, Peskin, Sandoval

NOT ADOPTED by the following vote:
Ayes: 3 - Alioto-Pier, Dufty, Hall
Noes: 8 - Ammiano, Daly, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval

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

Privilege of the Floor
Supervisor Ma, seconded by Supervisor Peskin, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

Supervisor Ma welcomed, introduced, and presented a Certificate of Honor to Samuel T. Mok, founding member of FAPAC and Vernon Parker, Assistant Secretary of Civil Rights, in recognition of Federal Asian Pacific American Council's 19th Annual National Leadership Training Conference.

Supervisor Hall welcomed, introduced, and presented a Certificate of Honor to Members of the Department of Public Works in recognition o Public Works Week.

Supervisor Peskin welcomed and introduced and presented a commendation to Warren Hellman for his efforts to bring back Strictly Bluegrass to San Francisco.

 

Recess

The Board recessed at the hour of 3:58 p.m.

Reconvening of the Board

The Board at the hour of 4:20p.m. reconvened.

Calling the Roll

On call of the roll, the following Supervisors were noted present:

Supervisors Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, McGoldrick,

Peskin, Sandoval - 9

Quorum present.

Supervisors Dufty and Maxwell were noted present at 4:24 p.m.

 

SPECIAL ORDER 4:00 P.M.
 

040524 [Public Hearing - Appeal, Final Amended Mitigated Negative Declaration for 833-881 Jamestown Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Department dated March 25, 2004, approving a final amended mitigated negative declaration for the proposed condominium project located at 833-881 Jamestown Avenue, on Assessor's Block 4991, Lot 277. (Appellant: Ralph D. House, President, Bayview Hill Neighborhood Association.)

(Filed April 26, 2004; companion measure to Files 040525, 040526, 040527; District 10.)

Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Hearing be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

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

040525 [Affirming adoption of the negative declaration for 833-881 Jamestown Avenue]
Motion affirming Planning Commission adoption of the final negative declaration for 833-881 Jamestown Avenue. (Clerk of the Board)
Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

040526 [Reversing adoption of the negative declaration for 833-881 Jamestown Avenue]
Motion reversing the Planning Commission adoption of the final negative declaration for 833-881 Jamestown Avenue. (Clerk of the Board)
Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

040527 [Preparation of findings to reverse adoption of the negative declaration for 833-881 Jamestown Avenue]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for 833-881 Jamestown Avenue. (Clerk of the Board)
Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

SPECIAL ORDER 4:00 P.M.
 

040485 [Public Hearing - Appeal, Conditional Use - 833-881 Jamestown Avenue]
Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No.16755 dated March 25, 2004 authorizing a conditional use authorization, Case No. 1999.0233C, under Planning Code Sections 209.1(g) and 304 for a Planned Unit Development with up to 198 dwelling units and 216 off-street parking spaces within an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District, on property located at 833-881 Jamestown Avenue, west of Candlestick Park at the northern base of Bayview Hill; Lot 277 in the Assessor's Block 4991. (Appellant: Ralph D. House, President, Bayview Hill Neighborhood Association.)

(Filed April 26, 2004; companion measure to Files 040486, 040487, 040488; District 10.)

Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Hearing be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

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

040486 [Appeal, Conditional Use - 833-881 Jamestown Avenue]
Motion approving decision of the Planning Commission by its Motion No. 16755, approving Conditional Use Application No. 1999.0233C on property located at 833-881 Jamestown Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

040487 [Appeal, Conditional Use 833-881 Jamestown Avenue]
Motion disapproving decision of the Planning Commission by its Motion No. 16755, approving Conditional Use Application No. 1999.0233C on property located at 833-881 Jamestown Avenue. (Clerk of the Board)
Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

040488 [Findings - 833-881 Jamestown Avenue]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 1999.0233C on property located at 833-881 Jamestown Avenue, for action by the Board at its next meeting. (Clerk of the Board)
Continued to May 25, 2004 at 4:30 p.m.
Supervisor Maxwell, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 9 - Alioto-Pier, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, Peskin, Sandoval
Absent: 2 - Dufty, McGoldrick

ROLL CALL FOR INTRODUCTIONS
 

PUBLIC COMMENT
Abdullah Megaheed; general issues

Richard Robertson; homeless issues

Jean Ellison; pedestrian safety issues

Bruce Allison; homeless issues

Vernon Jenkins; general issues

Lolita Guerrero; Support of Item 29

Female Speaker; Support of Item 29

Male Speaker; Support of Item 29

Tanya Raza; Support of Item 29

Male Speaker; Support of Item 29

Brian Winnow; Support of Item 29

Female Speaker; homeless and health care issues

 

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.
 

040587 [Issuance and sale of revenue bonds by ABAG Finance Authority for YMCA of S.F.] Supervisor Peskin
Resolution authorizing the issuance and sale of revenue bonds by ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $20,000,000 for the YMCA of San Francisco.
Enacted Number: 317-04
ADOPTED
 

040602 [Accept-Expend Robert Wood Johnson Foundation Grant] Supervisor Hall
Resolution authorizing the Department of Aging and Adult Services to retroactively accept and expend the FY 2003-04 portion, amounting to $112,869, of a four-year grant from the Robert Wood Johnson Foundation for the implementation of strategic system improvements to create a coordinated model of long term care and supportive services for vulnerable older adults in San Francisco.
Enacted Number: 318-04
ADOPTED
 

040606 [Commending Wai Sim Cham] Supervisor Dufty
Resolution commending Wai Sim Cham upon her retirement with the closure of China Court Restaurant after eighteen successful years serving the Castro community.
Enacted Number: 319-04
ADOPTED
 

040607 [Opposing Sutter Health Hospitals pricing and collection practices] Supervisors Alioto-Pier, Maxwell, Ammiano, Daly, Peskin, Sandoval, Gonzalez
Resolution opposing discriminatory pricing practices and aggressive debt collection at Sutter Health Hospitals.
Enacted Number: 328-04
ADOPTED
 

040608 [Bill Walsh Way] Supervisors Dufty, Maxwell, Hall
Resolution urging the Department of Public Works to honor Bill Walsh by renaming Giants Drive "Bill Walsh Way".
Supervisor Hall requested to be added as a co-sponsor.
Enacted Number: 320-04
ADOPTED
 

040609 [Accept and expend gift-in-place valued at approximately $20,000] Supervisors Ma, Hall
Resolution accepting and expending a gift-in-place valued at approximately $20,000 from Ms. Elley Shannon to the Recreation and Park Department for the improvement of a baseball diamond.
Supervisor Hall requested to be added as a co-sponsor.
Enacted Number: 321-04
ADOPTED
 

040610 [Apply For State Used Oil Recycling Block Grant] Supervisor Ma
Resolution authorizing the Department of the Environment to apply for annual grants from the California Integrated Waste Management Board for the purpose of increasing Used Motor Oil Recycling and Household Hazardous Waste Management.
Enacted Number: 322-04
ADOPTED
 

040611 [Commending the Hawai' i Chamber of Commerce of Northern California] Supervisor Ma
Resolution commending the Hawai'i Chamber of Commerce of Northern California.
Enacted Number: 323-04
ADOPTED
 

040612 [Commending the Northern California Chinese Media Association] Supervisor Ma
Resolution commending the Northern California Chinese Media Association.
Enacted Number: 324-04
ADOPTED
 

040613 [Commending James Taylor] Supervisor Maxwell
Resolution commending James Taylor for his dedication and exemplary service to the community, its schools, and its students.
Enacted Number: 325-04
ADOPTED
 

040614 [Commending Pastor Victor L. Medearis] Supervisor Maxwell
Resolution commending Pastor Victor L. Medearis for his dedication and exemplary service to the community.
Enacted Number: 326-04
ADOPTED
 

040615 [Authorizing lease payment for computer equipment to be used by Budget Analyst] Supervisor Peskin
Motion authorizing the Clerk of the Board to make three annual lease payments in the amount of $6,973.29, and to make a one-time payment in fiscal year 03-04 for sales tax of $1,748.93, for the lease of computer equipment to be used by the Budget Analyst; and authorizing the Clerk of the Board to deduct $22,324.60 from payment of the amount owed the Budget Analyst under the contract between the Board of Supervisors and the Budget Analyst.
Enacted Number: M04-58
APPROVED
 

The foregoing items were acted upon by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

Severed from Without Reference to Committee Agenda
Supervisor McGoldrick requested that this matter be severed so that it could be considered separately.
 

040605 [Commodity Supplemental Food Program] Supervisors Dufty, Daly, Ma, Ammiano, Maxwell
Resolution urging the Mayor, the California Department of Education and the United States Department of Agriculture to allocate funding to allow the Commodity Supplemental Food Program to remain in San Francisco.
REFERRED to the Budget Committee.
 

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). For such resolutions to be considered, the Board must first adopt the following two motions.
 

[Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.
Supervisor Sandoval, seconded by Supervisor Alioto-Pier, moved ADOPTION of the of the Commendatory Finding. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

[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.
Supervisor Sandoval, seconded by Supervisor Alioto-Pier, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

040650 [Honoring Michael and Millianne Lehmann] Supervisor McGoldrick
Resolution honoring Michael and Millianne Lehmann and declaring May 28, 2004 as "Michael and Millianne Lehmann Day" in the City and County of San Francisco.
Enacted Number: 327-04
APPROVED by the following vote:
Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval

OFF-AGENDA LEGISLATION
 

Ordinances
 

040656 [19th Avenue Transportation Safety Enhancement] Supervisor Hall
Ordinance amending the San Francisco Administrative Code by adding Section 10.100-369 to require that revenues from fines for traffic violations on the segment of State Highway Route 1 beginning at 19th Avenue and Junipero/Serra Boulevard and ending at State Highway Route 101 and Lake be appropriated for the Nineteenth Avenue Transportation Safety Enhancement Project and making the San Francisco County Transportation Authority responsible for the conceptual and preliminary design of the project and the fiscal agent for the project.
5/18/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

040657 [Fee Adjustments] Supervisor Peskin
Ordinance amending the San Francisco Planning Code by amending Article 3.5 and amending the San Francisco Administrative Code by amending Sections 31.22 and 31.23 to adjust fees for Planning Department services.
5/18/04, ASSIGNED UNDER 30 DAY RULE to Finance and Audits Committee, expires on 6/17/2004.
 

040592 [Payroll Expense Tax Exclusion for Biotechnology Business] Supervisors Alioto-Pier, Ma
Ordinance amending the Payroll Expense Tax Ordinance to establish a tax exclusion for biotechnology businesses, as specified.
5/11/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
5/18/04, SUBSTITUTED. Supervisor Alioto-Pier submitted a substitute ordinance bearing same title.
5/18/04, ASSIGNED to Finance and Audits Committee.
 

Resolutions
 

040653 [Urging DPT to install 4-way STOP signs at the intersection of Castro and 23rd Streets] Supervisor Dufty
Resolution urging the Department of Parking and Traffic to install 4-way STOP signs at the intersection of Castro and 23rd Streets.
5/18/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

040654 [Urging SFSU to continue full funding for its School of Social Work] Supervisor Dufty
Resolution urging San Francisco State University to continue full funding for its School of Social Work.
5/18/04, RECEIVED AND ASSIGNED to City Services Committee.
 

040655 [Mortgage Credit Certificates] Supervisor Alioto-Pier
Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates.
5/18/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
 

040658 [Housing Bonds] Mayor, Supervisors Peskin, Ammiano, Dufty, Maxwell, Alioto-Pier
Resolution determining and declaring that the public interest and necessity demand municipal improvements consisting of the acquisition, rehabilitation, renovation, improvement, construction or reconstruction by the City and County of San Francisco of housing for qualifying individuals and families and to provide financial assistance to qualifying individuals and families to purchase housing in the City, and all other works, property and structures necessary or convenient for the foregoing purposes, that the estimated cost of $185,000,000 for said municipal improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of bonded indebtedness; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the general plan consistency requirement of Administrative Code Section 2a.
5/18/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
 

040659 [Refunding San Francisco Courthouse Project Certificates of Participation (Series 1995)] Mayor, Supervisor Hall
Resolution approving the execution and delivery of refunding certificates of participation to refinance, in whole and/or in part, the $40,635,000 outstanding Certificates of Participation (San Francisco Courthouse Project) Series 1995; approving the form of a first supplement to property and facility lease by and between the City and County of San Francisco (the "City") and U.S. Bank Trust National Association (the "Trustee"); approving the form of a first supplement to project lease between the Trustee and the City; approving the form of a first supplement to trust agreement between the City and the Trustee; approving the form of an escrow agreement between the City and BNY Western Trust Company; approving the form of the official notice of sale and the notice of intention to sell for the refunding certificates of participation; directing the publication of the notice of intention to sell for the refunding certificates of participation; approving the form of the official statement in preliminary and final form; approving the form of the continuing disclosure certificate; authorizing the payment of cost of issuance; and ratifying previous actions taken in connection therewith.
5/18/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
 

040660 [Mortgage Revenue Bonds] Supervisor Peskin
Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the "Director") to submit an application and related documents to the California Debt Limit Allocation Committee ("CDLAC") to permit the issuance of qualified mortgage bonds in an aggregate principal amount not to exceed $25,000,000; authorizing and directing the Director to deposit with the Controller's Office an amount not to exceed $125,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to the deposit to the State of California if the City fails to issue the qualified mortgage bonds; and authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the application.
5/18/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
 

040605 [Commodity Supplemental Food Program] Supervisors Dufty, Daly, Ma, Ammiano, Maxwell
Resolution urging the Mayor, the California Department of Education and the United States Department of Agriculture to allocate funding to allow the Commodity Supplemental Food Program to remain in San Francisco.
5/11/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
5/18/04, REFERRED to Budget Committee.
 

040668 [Commodity Supplemental Food Program] Supervisors Dufty, Alioto-Pier, Ammiano, Daly, Ma, Maxwell, Peskin
Resolution urging the Mayor, the California Department of Education and the United States Department of Agriculture to allocate funding to allow the Commodity Supplemental Food Program to remain in San Francisco.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

040669 [Supporting AB 2857] Supervisor Ma
Resolution supporting California Assembly Bill 2857 (AB 2857), which would amend California Revenue and Taxation Code Section 1604 in view of a recent Court of Appeal decision by providing that where a county board of equalization ("CBOE;" in some counties, a/k/a the assessment appeals board or "AAB") does not timely decide taxpayer's application for a one-year reduction of assessed value of real property (based on a decline in value, usually attributed to market downturn) or personal property on the local property tax rolls, the taxpayer's opinion of value will be entered on the roll as the basis for calculating property taxes only for the one tax year covered by the application and not for multiple subsequent tax years.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

040670 [Contract Approval - SFGH Services Building seismic upgrade and repair sole source consulting engineer services agreement exceeding ten years] Supervisor Ammiano
Resolution approving the award of a contract by the City and County of San Francisco, through its Department of Public Works, to Forrell-Elsesser Engineers, Inc. for consulting engineer services for the San Francisco General Hospital Services Building Seismic Upgrade.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

040671 [Condemning the federal raid in the immigrant community] Supervisors Ammiano, Dufty, Daly
Resolution urging the Federal Bureau of Investigations and the Immigrations and Customs Enforcement to send a well-publicized message to the immigrant community in San Francisco that INS raids will not be pursued in immigrant communities.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

040672 [Urging the relocation of Peter Voulkos' bronze sculpture currently sited at the Hall of Justice] Supervisor Gonzalez
Resolution urging the relocation of Peter Voulkos' sculpture currently sited at the Hall of Justice due to its inaccessibility, poor siting, lack of public viewing and neglect as a major work of art in San Francisco.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

040673 [Recognizing May 2004 as Foster Care Month] Supervisors Maxwell, Dufty
Resolution recognizing May 2004 as Foster Care Month.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

040674 [Commending Ralph D. House] Supervisor Maxwell
Resolution commending Ralph D. House for his dedication and exemplary service to the community.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

Charter Amendments
 

040641 [Charter Amendment - Office of Economic Analysis; Economic Development Plan] Supervisor Alioto-Pier
Charter amendment (First Draft) by adding Section 2.118, to create an Office of Economic Analysis under the Board of Supervisors, and by adding Section 16.124, to require the Office of Economic Analysis to prepare an annual Economic Development Plan for the City.

(Fiscal impact.)

5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to Controller; Mayor; CIty Attorney; Ethics Commission; City Administrator; Director Administrative Services; Planning, Environmental Review Officer; Clerk of the Board; Budget Analyst's Office.
 

040642 [Charter Amendment - Authorizing health plans for City residents] Supervisor Daly
Charter amendment (First Draft) by amending Section 12.200 of the Charter and Section A8.421 of Appendix A of the Charter to authorize the Health Service Board to offer health plans to City residents.

(Fiscal impact.)

5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to Controller; Mayor; CIty Attorney; Ethics Commission; City Administrator; Director Administrative Services; Planning, Environmental Review Officer; Department of Human Resources; Health Service System Board; Clerk of the Board; Budget Analyst's Office.
 

040643 [Charter Amendment - Health Service System] Supervisor Daly
Charter amendment (First Draft) by amending Sections 10.102, 10.103, 12.200 and 12.201 of the Charter and Sections A8.423, A8.427 and A8.428 of Appendix A of the Charter and adding Section A8.428-1 to Appendix A of the Charter to place administration of the Health Service System under the jurisdiction of the Health Service Board; replace the City Attorney seat on the Health Service Board with an elected seat; adjust the employers' contribution for health benefits; modify the application of the credit for Medicare premiums; and increase the years of service required for new employees to qualify for subsidized health benefits at retirement.
5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to Controller; Mayor; City Attorney; Ethics Commission; City Administrator; Director Administrative Services; Planning, Environmental Review Officer; Retirement SFERS; Clerk of the Board; Budget Analyst's Office; Department of Human Resources; Health Service System Board.
 

040644 [Charter Amendment - Anti-Homicide Plan; DNA Crime Lab Funding; Survivor Assistance; Violence Prevention Programs] Supervisors Daly, Maxwell
Charter amendment (First Draft) by adding Section 16.126 to: establish a San Francisco Anti-Homicide Plan; require Police Department and District Attorney investigators to give homicide investigation a top priority; require full funding for forensic biology (DNA crime lab); create a Survivors' Advocate and a City fund to pay specified expenses for survivors of homicide victims; and, fund violence prevention programs identified in the Plan for the next five fiscal years in an amount not to exceed $5 million per year.

(Fiscal impact.)

5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to the following depts. for review and comment: District Attorney; Public Defender; SF Police Chief; Sheriff; President Police Commission; Chief Adult Probation Officer, Juvenile Probation; Youth Commission; Clerk of the Board; Budget Analyst's Office; Controller; Mayor; City Attorney; Ethics Commission; City Administrator; Director, Administrative Services; Planning Environmental Review Officer.
 

040645 [Charter Amendment - Non-Citizen Voting in School Board Elections] Supervisors Gonzalez, Ammiano, Daly, Maxwell, McGoldrick
Charter amendment (First Draft) by adding Section 13.111 to authorize San Francisco residents 18 years of age or older who have children in the San Francisco Unified School District to vote in elections for the Board of Education, regardless of whether the resident is a United States citizen, and to direct the Board of Supervisors implement, by ordinance, non-citizen voting in School Board elections.
5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to Controller; Mayor; City Attorney; Ethics Commission; City Administrator; Director Administrative Services; Planning, Environmental Review Officer; Clerk of the Board; Budget Analyst's Office; Dept. of Elections; San Francisco Unified School District.
 

040646 [Charter Amendment - Increasing the retirement benefits payable to the qualified survivors of certain police officers and firefighters who die in the line of duty] Supervisor Hall
Charter amendment (First Draft) by amending Sections A8.586-4, A8.588-4, A8.597-4 and A8.598-4 to increase the benefits payable to the qualified survivors of certain police officers and firefighters who die in the line of duty.

(Fiscal impact.)

5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to Controller; Mayor; City Attorney; Ethics Commission; City Administrator; Director Administrative Services; Planning, Environmental Review Officer; SFERS; Clerk of the Board; Budget Analyst's Office. 6/15/04: Referred to Human Resources.
 

040647 [Charter Amendment - Board to set annual salary for Director of MTA, subject to $250,000 cap; Board to approve Director's contract; Board's line item veto of expenditures and proposed fares Supervisor Sandoval
Charter amendment (First Draft) by amending Sections 8A.102, 8A.106, and 8A.107, to provide that: the Board of Supervisors shall set the annual salary of the Director of Transportation of the Municipal Transportation Agency, which shall not exceed $250,000; the Board of Supervisors must approve the contract between the Municipal Transportation Agency and the Director of Transportation; the Board may reduce or reject any expenditure contained in the Agency's base budget, and may reject any proposed fare; and, the Controller, rather than the Agency, shall administer the biennial municipal transportation quality review survey and study.
5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to Controller; Mayor; City Attorney; Ethics Commission; City Administrator; Director Administrative Services; Planning EIR Officer; Municipal Transportation Agency; Budget Analyst's Office; Clerk of the Board.
 

040648 [Charter Amendment - Establishing Rent Board in Charter, Mayor appoints three members and Board of Supervisors appoints four, renter and non-renter seats allocated per census data Supervisor Daly
Charter amendment (First Draft) by adding Section 4.135 to establish the Residential Rent Stabilization and Arbitration Board in the Charter, to increase its membership from five to seven members, to provide that the Mayor will appoint three members and the Board of Supervisors will appoint four members, and to allocate the seven seats among renters and non-renters according to the percentages of renter occupied housing units and owner occupied housing units in San Francisco as reported in the ten-year federal census.
5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to the Controller; Mayor; City Attorney, Ethics Commission; City Administrator; Director, Administrative Services; Planning Environmental Review Officer; Rent Stabilization Board; Clerk of the Board; Budget Analyst's Office.
 

040649 [Charter Amendment - Requiring SFUSD to either appoint a controller or agree to use the City Controller for specified fiscal oversight functions in order to continue to receive funding for Supervisors Ammiano, Daly
Charter amendment (First Draft) by amending Section 16.123-2 to require as a condition of continuing to receive funding from the Public Education Enrichment Fund that the San Francisco Unified School District agree to form a committee of School District, City, and State officials that would send the Board of Education three nominees from which the Board could either select a person to serve as School District Controller, or alternatively, enter into a contract with the City to have the City Controller perform specified fiscal oversight functions.
5/18/04, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/17/2004. 5/21/04: Referred to Controller; Mayor; City Attorney; Ethics Commission; City Administrator; Director Administrative Services; Planning, Environmental Review Officer; Clerk of the Board; Budget Analyst's Office; San Francisco Unified School District.
 

Motion
 

040640 [Needle Exchange Emergency] Supervisors Ammiano, 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.
5/18/04, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 

Requests for Hearing
 

040651 [SFUSD's contracting out policies] Supervisor Ammiano
Hearing to review and consider San Francisco Unified School District's contracting out policies, specifically with regard to construction management services and personal/professional services contracts that could be performed by civil service employees.
5/18/04, RECEIVED AND ASSIGNED to City and School District Select Committee.
 

040652 [Telecommunications Plan Update] Supervisor Ma
Hearing on the Telecommunications Plan Update to address the recommendations of the Telecommunications Commission.
5/18/04, RECEIVED AND ASSIGNED to City Services Committee.
 

PROPOSED ORDINANCES
 

040620 [Traffic Code - Adding Section 32.6.32 restricting parking around the U.S. Court of Appeals building to law enforcement vehicles only]
Ordinance adding Section 32.6.32 to the San Francisco Traffic Code restricting parking adjacent to the United States Court of Appeals building on part of Stevenson Street to law enforcement vehicles only. (Parking and Traffic Department)

(5/4/04: 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.)

5/7/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

040621 [Traffic Code - Amending Section 71b Towing of Vehicles Obstructing the Normal Flow of Traffic]
Ordinance adding violation of Section 39 of the San Francisco Traffic Code, which prohibits vehicles not authorized by the Chief of Police from standing in any taxicab stand, to the list of violations for which a vehicle may be towed pursuant to Section 71b of the San Francisco Traffic Code, Towing of Vehicles Obstructing the Normal Flow of Traffic. (Parking and Traffic Department)

(5/4/04: 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. 2806.)

5/7/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

040622 [Traffic Code - Adding Section 32.6.33 restricting parking around the INS/Customs Buildings to law enforcement vehicles only]
Ordinance adding Section 32.6.33 to the San Francisco Traffic Code restricting parking around the periphery of the INS/Customs Buildings on parts of Jackson Street, Washington Street and Battery Street to law enforcement vehicles only. (Parking and Traffic Department)

(5/4/04: 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. 2808.)

5/7/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

PROPOSED RESOLUTIONS
 

040576 [Renew Revolving Loan Funds Agreement with State]
Resolution authorizing the Office of the District Attorney to renew its current agreement with the California Victim Compensation and Government Claims Board, an agent of the State of California, for a revolving loan fund in the amount of $75,000 to be used to pay for verified funeral/burial expenses and emergency relocation for victims of domestic violence and sexual assault. (District Attorney)
5/6/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
 

040617 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Mariposa Street, stopping Mariposa Street at Florida Street, making this intersection an All-Way STOP;

Mariposa Street, stopping Mariposa Street at Hampshire Street, making this intersection an All-Way STOP;

22nd Street, stopping 22nd Street at Alabama Street, making this intersection an All-Way STOP;

Hillway Avenue, stopping Hillway Avenue at Parnassus Avenue, controlling the stem to this T-intersection; and

Broderick Street, stopping Broderick Street at Jefferson Street, making this intersection an All-Way STOP. (Parking and Traffic Department)

(5/5/04: 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. 2804.)

5/7/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

040618 [Traffic Regulations, Various Streets]
Resolution enacting and rescinding traffic regulations on various streets.

NO LEFT TURN, 7 AM TO 9 AM AND 4 PM to 6 PM, EVERYDAY EXCEPT SUNDAYS - ESTABLISH
Columbus Avenue, northbound and southbound, at Filbert Street.

NO LEFT TURN - ESTABLISH
Idora Avenue, northbound, to westbound Woodside Avenue.

TRANSIT AND TAXIS ONLY ON EVENT DAYS AT CANDLESTICK PARK - ESTABLISH
Giant's Drive, south of Ingerson Avenue (Candlestick Park Bus Loop Roadway)
Ingerson Avenue, between Giant's Drive and Hawes Street.

NO LEFT TURN AFTER BALLPARK EVENTS - ESTABLISH
4th and Channel Streets, from northbound 4th Street (Lot B exit) to westbound Channel Street. (Parking and Traffic Department)

(5/5/04: 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. 2804.)

5/7/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

040619 [Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
La Salle Avenue, north side, along the bulb-out across from the entrance to Osceola Lane (65 feet);
La Salle Avenue, north side, along the bulb-out at the entrance to Gloria R. Davis School (108 feet);
La Salle Avenue, south side, along the western bulb-out curb return at the closed-off portion of Osceola Lane (31 feet);
La Salle Avenue, south side, along the western and eastern bulb-out curb returns at Whitfield Lane (40 feet and 34 feet, respectively); and
La Salle Avenue, north side, along the bulb-out contiguous to Ingalls Street (64 feet).

TOW-AWAY, NO STOPPING, 7 AM - 5 PM SCHOOL DAYS - RESCIND
TOW-AWAY, NO STOPPING, 7 AM - 6 PM SCHOOL DAYS - ESTABLISH
Washington Street, south side, between Stockton and Powell Streets.

TOW-AWAY NO STOPPING ANYTIME - ESTABLISH
Monterey Boulevard, north side, at Circular Avenue, from the west end of the driveway of 66 Monterey Boulevard to the east end of the driveway of 76 Monterey Boulevard.

ANGLE PARKING - RESCIND
Point Lobos Avenue, from 17 feet west of the eastern edge of 1090 Point Lobos Avenue to 80 feet easterly.

RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
14th Avenue, both sides, between Anza Street and Geary Boulevard (400 block); and
Cabrillo Street, both sides, between 14th and 15th Avenues (1300 block).


RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Church Street, both sides, between 26th and Cesar Chavez Streets (a portion of the 1400 block).

RESIDENTIAL PERMIT PARKING AREA "O" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
20th Avenue, west side, between Ulloa and Vicente Streets (2500 block).

RESIDENTIAL PERMIT PARKING AREA "R" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Willow Street, south side (odd numbers only), between Buchanan and Laguna Streets (600 block); and
Note: Signs will not be posted on this block because of the No Parking restrictions, but residents will be able to purchase permits.
1200 and 1300 blocks of Buchanan Street, east side (even numbers only), between Larch Way and Willow Street.
Note: Signs will not be installed on the 1200 block of Buchanan Street until the parking occupancy of 80% is met, but residents will be able to purchase permits.

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Stanyan Street, both sides, between Belgrave Avenue and Rivoli Street.

RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Hickory Street, south side, between Gough and Octavia Streets; and
Lily Street, both sides, between Gough and Octavia Streets.
Note: "No Parking Anytime" signs will not be removed from the north side of Lily Street, but residents will be able to purchase permits).

RESIDENTIAL PERMIT PARKING AREA "W" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
23rd Street, both sides, between Carolina and De Haro Streets.

TWO-HOUR PARKING, 7 AM TO 6 PM, EXCEPT SUNDAY - RESCIND
RESIDENTIAL
5/7/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

040623 [Accept-Expend State Grant]
Resolution authorizing the Office of the District Attorney to contract for, accept and expend $646,037 allocated from the California Victim Compensation and Government Claims Board for a project entitled the Joint Powers Agreement with Victim and Witness Assistance Program for the period of July 1, 2004 through June 30, 2005. (District Attorney)
5/10/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
 

040624 [Accept-Expend State Grant]
Resolution authorizing the Office of the District Attorney to contract for, accept and expend $82,074 allocated from the California Victim Compensation and Government Claims Board for a project entitled the Criminal Restitution Compact for the period of July 1, 2004 through June 30, 2005. (District Attorney)
5/10/04, RECEIVED AND ASSIGNED to Finance and Audits Committee.
 

040625 [Adopting the 2004 Update to the Telecommunications Plan]
Resolution adopting the 2004 Update to the Telecommunications Plan, as adopted and forwarded by the San Francisco Telecommunications Commission. (Telecommunications and Information Services)
5/7/04, RECEIVED AND ASSIGNED to Land Use Committee.
 

Requests Granted
From: Supervisor Peskin

To: Director, Department of Public Works

Requesting/Inquiring: To report on the progress and timeline of implementing Ordinance No. 30-04, regarding the installation of slip resistant manhole, vaults, and sub-sidewalk basement covers, grilles, grates, or other lids on the public sidewalk; granting the Department of Public Works to enforce requirements, and to provide for administrative and civil penalties for violations, including the commencement of a hearing process regarding the standards (as requirement of the ordinance).

From: Supervisor Maxwell

To: Director, Port

Requesting/Inquiring: To submit report on how it will remedy the environmental, health and safety issues outlined in the Budget Analyst's April 26, 2004 audit. In particular, what immediate actions it will take to deal with the potential hazardous waste situation with the Pacific Cement site at Pier 80, cleanup of polychlorinated biphenyl (PCB) contaminated soil at Pier 70, and unguarded holes at Pier 90.

Supervisor Maxwell requests that this report be submitted to the Board of Supervisors by June 15, 2004.

From: Supervisor Maxwell

To: Controller

Requesting/Inquiring: To submit a list of all established city funds; for each fund list the requirements that guide the use of money and delineate the process to expend money from the fund.

Supervisor Maxwell requests that this report be submitted to the Board of Supervisors by June 8, 2004.

From: Supervisor Maxwell

To: Director, Planning Department

Requesting/Inquiring: Requesting record of the Inclusionary Housing Ordinance since its passage by the Board of Supervisors. Please provide the following information:

1. The street address and project sponsor for all projects that have been subject to the ordinance, including those with entitlements and those

 

In Memoriams
Brian A. Wilson (Supervisors Sandoval, Dufty)

Margaret Brady (Supervisor McGoldrick)

 

ADJOURNMENT
There being no further business, the Board at the hour of 5:23 p.m. adjourned.

Gloria L. Young, Clerk of the Board

N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

Approved by the Board of Supervisors on June 22, 2004.

I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of said Board on the date stated and was approved as recited.

 

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.
Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701
Disability access

The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
ú For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ú 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) 554-5784 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

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


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