Full Board Agendas

City and County of San Francisco

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

MEETING MINUTES
Tuesday, October 21, 2003
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

Board of Supervisors

MATT GONZALEZ, PRESIDENT
TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL,
FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK,
GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL

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

ROLL CALL AND PLEDGE OF ALLEGIANCE


	The meeting was called to order at 2:09 p.m. On the call of the roll, the following Supervisor was noted absent. Supervisor Newsom - 1 Quorum present. Supervisor Newsom was noted present at 2:16 p.m.

APPROVAL OF MEETING MINUTES




	Supervisor McGoldrick, seconded by Supervisor Ma, moved to approve September 23, 2003 Meeting Minutes. The motion carried by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom

CONSENT AGENDA

Recommendations of the City Services Committee

031530	[Grant to improve traffic and pedestrian safety in San Francisco]		Supervisor Dufty
	Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $439,455 from the California Business, Transportation & Housing Agency Office of Traffic Safety (CBTHAOTS) to prevent DUI and resultant traffic injuries and to enter into an agreement for the use of these funds; for the period of October 1, 2003 to December 31, 2005. (Public Health Department) (No Public Benefit Recipient.)





	Enacted Number:	704-03
	ADOPTED

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





	Enacted Number:	707-03
	ADOPTED

Recommendation of the Finance and Audits Committee

031462	[Appropriate funding for the Day Laborer Program]		Supervisors Ammiano, Daly
	Ordinance re-appropriating $75,000 from FY 2002-2003 and $90,000 FY 2003-2004 from the Mayor's Office to the Immigrant Rights Commission, Administrative Services Department, to fund the Day Laborer Program for fiscal year 2003-04.






	Enacted Number:	252-03
	FINALLY PASSED

Recommendations of the Land Use Committee

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










	Enacted Number:	248-03
	FINALLY PASSED

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








	Enacted Number:	249-03
	FINALLY PASSED

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






	Enacted Number:	250-03
	FINALLY PASSED

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






	Enacted Number:	251-03
	FINALLY PASSED

031527	[Accept-Expend Regional Grant]
	Resolution authorizing the Director of Transportation or his designee to accept and expend $157,000 in FY 03/04 Transportation Fund for Clean Air (TFCA) from the Bay Area Air Quality Management District (Air District) to stripe and sign bike lanes and purchase and install bicycle racks and to execute any and all associated documents. (Parking and Traffic Department) (No Public Benefit Recipient.)





	Enacted Number:	702-03
	ADOPTED

Recommendation of the Rules Committee

031502	[Reduce Members of Lead Hazard Reduction Citizens Advisory Committee From 20 to 15]		Supervisor Peskin
	Ordinance amending Section 1608 of the San Francisco Health Code to reduce the number of voting members in the Lead Hazard Reduction Citizen Advisory Committee from 20 to 15 members by eliminating seats for the affordable housing developers, financial expert, and child care representatives, reducing the number of paint contractor representatives from two to one and reducing the number of tenant representatives from three to two.








	Enacted Number:	253-03
	FINALLY PASSED






	The foregoing items were acted upon by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Finance and Audits Committee

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






	Supervisor Hall requested to be added as a co-sponsor.
	Enacted Number:	700-03
	ADOPTED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom

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








	Supervisor Peskin, seconded by Supervisor Daly, moved to amend on page 3, line 21, by replacing "December 9, 2003 at 3 p.m." with "December 16, 2003 at 4 p.m." Supervisor Hall requested to be added as a co-sponsor.

	Supervisor Peskin, seconded by Supervisor Daly, moved that this Resolution be AMENDED. The motion carried by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom












	ADOPTED AS AMENDED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom

Recommendation of the Rules Committee


	Supervisor Newsom noted present at 2:16 p.m.

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




	Continued to November 18, 2003

	Supervisor Peskin, seconded by Supervisor Daly, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Ammiano, Daly, Maxwell, McGoldrick, Peskin, Sandoval Noes: 5 - Dufty, Gonzalez, Hall, Ma, Newsom

NEW BUSINESS

Recommendation of the Budget Committee

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






	Enacted Number:	699-03
	ADOPTED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin Noes: 1 - Sandoval

Recommendations of the City Services Committee

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














	Enacted Number:	698-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

031519	[Refugee County Plan]
	Resolution approving the San Francisco Federal Fiscal Year 2003 Refugee County Plan. (Private Industry Council) (No Public Benefit Recipient.)





	Enacted Number:	701-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

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




	Supervisor Daly requested to be added as a co-sponsor.
	Enacted Number:	706-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendations of the Finance and Audits Committee

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








	Supervisor Sandoval requested to be added as a co-sponsor.

	PASSED ON FIRST READING by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Hall

031658	[Appropriate State and Federal funding for the CalWORKs, Medi-Cal, IHSS and Foster Care programs]	Mayor
	Ordinance appropriating $2,399,795 of CalWORKs, Medi-Cal, IHSS and Foster Care funding to fill 28.67 vacant FTEs including deletion of 9.38 FTEs and creation of 9.38 FTEs, purchase one-time materials and supplies, and provide stipends to emancipated foster youth for the Department of Human Services and amending Annual Salary Ordinance for Fiscal Year 2003-04. (Mayor) (Fiscal impact; No Public Benefit Recipient.)





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

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





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

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





	Enacted Number:	705-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendations of the Land Use Committee

031608	[Taxicab Gate Fees]	Supervisor Hall
	Ordinance amending Section 1135.1 of the Police Code to provide for extending to March 1, 2004 the time for sunsetting the higher cap on taxicab gate fees if the City fails to enact an ordinance prescribing a long-term lease fee cap covering long-term lease drivers and an ordinance establishing a program of health insurance/health benefits for taxi drivers; and to authorize the Board of Supervisors by resolution to extend the times provided for in Section 1135.1 for sunsetting the higher gate fee cap.






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

031528	[Street Artist Hyde Street Spaces]
	Resolution re-designating seven (7) permanent selling spaces on Hyde Street, west side, Beach to Jefferson Streets; deleting seven (7) permanent selling spaces on Hyde Street, east side, Beach to Jefferson Streets; re-designating fourteen (14) selling spaces on Hyde Street, east side, Beach to Jefferson Streets; designating two (2) additional selling spaces on Hyde Street, east side, Beach to Jefferson Streets, for street artists certified by the Arts Commission, City and County of San Francisco; and exempting said seven spaces on Hyde Street, west side, Beach to Jefferson Streets, from Police Code Section 2405(c)(16) requiring street artists to maintain a minimum of eight feet of passageway for pedestrians. (Arts Commission) (No Public Benefit Recipient.)





	Enacted Number:	703-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendation of the Rules Committee

031457	[Introducing General Obligation Bond proposals 168 days before election]	Supervisor Gonzalez
	Ordinance amending Section 2.31 of the Administrative Code to require that resolutions of necessity for proposed general obligation bonds must be introduced at the Board of Supervisors not less than 168 days before the election at which the voters could consider the proposed bond measure, rather than 169 days before the election.





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

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

Privilege of the Floor




	Supervisor Ma, seconded by Supervisor Dufty, 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: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Daly




	Supervisor Ma introduced, welcomed and presented a Certificate of Honor to Ms. Noel Neill aka "Lois Lane".




	Recess The Board recessed at the hour of 3:17 p.m. Reconvening of the Board The Board at the hour of 4:09 p.m. reconvened. Calling the Roll On call of the roll, the following Supervisors were noted present: Supervisors Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin - 7 Quorum present. Supervisors Ammiano, McGoldrick and Sandoval were noted present at 4:12 p.m.

SPECIAL ORDER 4:00 P.M.

031686	[Public Hearing - Appeal, Categorical Exemption, 701 Lombard Street]
	Hearing of persons interested in or objecting to the decision of the Planning Department dated August 5, 2003, approving a categorical exemption for the proposed Acquisition by Eminent Domain at 701 Lombard Street. (Appellant: James A. Reuben, attorney for Brian O'Flynn and Martin Coyne).


	Alice Barkley, Attorney for Appellant requested clarification regarding the issue relating to the categorical exemption. Paul Maltzer, Department of Planning informed the Board that the Planning Department acted on the categorical exemption. Elizabeth Goldstein, General Manager, Recreation and Park Department, informed the Board the matter regarding the Recreation and Park Department is the acquisition of the property. The President inquired if there was anyone else who wished to address the Board. There being no response, the President declared the Public Hearing Closed.

	HEARD AT PUBLIC HEARING.


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

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

031687	[Affirming the exemption issued for 701 Lombard Street]
	Motion affirming the determination by the Planning Department that the acquisition of 701 Lombard Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)



	Enacted Number:	M03-187
	APPROVED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom

031688	[Disapproving the exemption issued for 701 Lombard Street]
	Motion disapproving the determination by the Planning Department that the acquisition of 701 Lombard Street is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board)




	TABLED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom

031689	[Preparation of findings related to the exemption appeal for 701 Lombard Street]
	Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the acquisition of 701 Lombard Street is exempt from the California Environmental Quality Act. (Clerk of the Board)



	Enacted Number:	M03-188
	APPROVED by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 1 - Newsom

SPECIAL ORDER 4:00 P.M.

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



	Elizabeth Goldstein, General Manager, Recreation and Park Department and Susan Hildreth, City Librarian reviewed with the Board reports and recommendations of their Departments. Speakers: Paul Scott, Pres. Telegraph Hill Dwellers; support of acquisition Young girl; support of acquisition Young girl; support of acquisition Mr. and Mrs. Mikel Auuland; support of acquisition Tom McDonagh; opposed to acquisition Marc Bruno; support of acquisition Rev. Norman Fong; support of acquisition Hillary Kwong, Youth Commissioner; support of acquisition Michael Ornstein; support of acquisition Female Speaker; support of acquisition Tom Noyes, Upper Noe Neighborhood; support of acquisition Female Speaker; support of acquisition Female Speaker; support of acquisition Female Speaker; support of acquisition Female Speaker; support of acquisition Starchild, Libertarian Party; opposed to acquisition David Lupo; support of acquisition Davey Jones; opposed to acquisition Male Speaker; support of acquisition Jay Bradshaw; support of acquisition Mathew Sheridan; opposed to acquisition Michelle Justice; support of acquisition Female Speaker; opposed to acquisition Female Speaker; support of acquisition Liz Napasindava; support of acquisition Male Speaker; opposed of acquisition Isabel Wade; PROSAC member, request to continue this matter Nancy Wuerfel; support of acquisition Andrew Resignato; support of acquisition Nan Maguire; support of acquisition Martha Woollomes; support of acquisition Judy Mong; support of acquisition Mike R.; support of acquisition Greg O'Flynn; support of acquisition Judy Irving; support of acquisition Joe Olson, Coleman Advocates; support of acquisition Sal Busalacchi; opposed to acquisition Rosemary Benes; support of

	HEARD AT PUBLIC HEARING.

Appointment of President Pro Tempore


	At the request of the President, Supervisor Sandoval assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter.

031551	[Eminent Domain - Resolution of Necessity - 701 Lombard Street]	Supervisor Peskin
	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.




	Continued to November 25, 2003

	Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Noes: 4 - Dufty, Hall, Ma, Newsom

SPECIAL ORDER 5:30 P.M.

(This matter may be continued.)

031631	[Public Hearing - Appeal, Final EIR for the 300 Spear Street Project]
	Hearing of persons interested in or objecting to the Planning Commission certification of the Final Environmental Impact Report Case No. 2000.1090E, dated September 4, 2003, for the proposed project at 300 Spear Street. (Appellant: Sue C. Hestor, attorney for the Rincon Hill Residents Association and the BayCrest Towers Residential Association). (Filed 9/24/03; companion measure to Files 031632, 031633, 031634.)


	Continued to November 18, 2003

	Supervisor Peskin, seconded by Supervisor Newsom, moved that this Hearing be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin Absent: 4 - Ammiano, Daly, McGoldrick, Sandoval


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

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

031632	[Affirm certification of final environmental impact report for the 300 Spear Street Project]
	Motion affirming the Planning Commission certification of the final environmental impact report for the 300 Spear Street Project. (Clerk of the Board)


	Continued to November 18, 2003

	Supervisor Peskin, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin Absent: 4 - Ammiano, Daly, McGoldrick, Sandoval

031633	[Reverse certification of final environmental impact report for the 300 Spear Street Project]
	Motion reversing the Planning Commission certification of the final environmental impact report for the 300 Spear Street Project. (Clerk of the Board)


	Continued to November 18, 2003

	Supervisor Peskin, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin Absent: 4 - Ammiano, Daly, McGoldrick, Sandoval

031634	[Preparation of findings to reverse certification of the of final environmental impact report for the 300 Spear Street Project]
	Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' reversal of the Planning Commission certification of the final environmental impact report for the 300 Spear Street Project. (Clerk of the Board)


	Continued to November 18, 2003

	Supervisor Peskin, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin Absent: 4 - Ammiano, Daly, McGoldrick, Sandoval

SPECIAL ORDER 7:00 P.M.

(This matter may be continued.)

031627	[Public Hearing - Appeal, Final EIR for the 201 Folsom Street Project]
	Hearing of persons interested in or objecting to the Planning Commission certification of the Final Environmental Impact Report Case No. 2002.1073E, dated September 4, 2003, for the proposed project at 201 Folsom Street. (Appellant: Sue C. Hestor, attorney for the Rincon Hill Residents Association and BayCrest Towers Residential Association). (Filed 9/24/03; companion measure to Files 031628, 031629, 031630.)


	Continued to November 18, 2003

	Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin Absent: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Sandoval


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

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

031628	[Affirm certification of final environmental impact report for the 201 Folsom Street Project]
	Motion affirming the Planning Commission certification of the final environmental impact report for the 201 Folsom Street Project. (Clerk of the Board)


	Continued to November 18, 2003

	Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin Absent: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Sandoval

031629	[Reverse certification of final environmental impact report for the 201 Folsom Street Project.]
	Motion reversing the Planning Commission certification of the final environmental impact report for the 201 Folsom Street Project. (Clerk of the Board)


	Continued to November 18, 2003

	Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin Absent: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Sandoval

031630	[Preparation of findings to reverse certification of the of final environmental impact report for the 201 Folsom Street Project.]
	Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' reversal of the Planning Commission certification of the final environmental impact report for the 201 Folsom Street Project. (Clerk of the Board)


	Continued to November 18, 2003

	Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin Absent: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Sandoval

SPECIAL ORDER 8:30 P.M.

031636	[Public Hearing - Appeal, Conditional Use - 5630-38 Mission Street]
	Hearing of persons interested in or objecting to the decision of Planning Commission by its Motion No. 16639 dated August 28, 2003, approving Conditional Use Application No. 2003.0376C pursuant to Section 711.83 of the Planning Code, and subject to certain conditions, to allow the installation of six (6) panel antennas and one (1) GPS antenna on the rooftop and associated equipment cabinets within the storage room of the Mission Inn Motel, as part of a wireless telecommunications network operated by Verizon Wireless in a NC-2 (Small-Scale Neighborhood Commercial District), and a 40-X-Height and Bulk District, on property located at 5630-38 Mission Street, between Naglee and Whipple Avenues; Lot 012, in Assessor's Block 7098. (Appeal filed September 25, 2003; categorically exempt from the environmental review process pursuant to Class 1 exemptions of Title 14 of the California Administrative Code; companion measure to Files 031637, 031638, 031639; District 11.)


	Continued to October 28, 2003

	Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Ammiano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval Absent: 4 - Daly, Gonzalez, McGoldrick, Newsom


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

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

031637	[Appeal, Conditional Use, 5630-38 Mission Street]
	Motion approving decision of the Planning Commission by its Motion No. 16639 approving Conditional Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)


	Continued to October 28, 2003

	Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Ammiano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval Absent: 4 - Daly, Gonzalez, McGoldrick, Newsom

031638	[Appeal, Conditional Use, 5630-38 Mission Street]
	Motion disapproving decision of the Planning Commission by its Motion No. 16639 approving Conditional Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)


	Continued to October 28, 2003

	Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Ammiano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval Absent: 4 - Daly, Gonzalez, McGoldrick, Newsom

031639	[Findings - 5630-38 Mission Street]
	Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, for action by the Board at its next meeting. (Clerk of the Board)


	Continued to October 28, 2003

	Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Ammiano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval Absent: 4 - Daly, Gonzalez, McGoldrick, Newsom

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT


	Bob Planthold; motorcycle parking legislation Edward Evans; motorcycle parking legislation Roger Brandwin; hotel on Mission Street issues Robert; general issues Vernon Jenkins; general 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.


	Supervisor Daly noted absent at 3:00 p.m.

031719	[Commending the Mission Council]		Supervisor Daly
	Resolution commending the Mission Council for 25 years of delivering culturally competent, community-based services to the people of San Francisco.




	Enacted Number:	709-03
	ADOPTED

031720	[Proclaiming October 2003 Potrero Hill Month]		Supervisor Maxwell
	Resolution proclaiming October 2003 "Potrero Hill Month" in the City and County of San Francisco.




	Enacted Number:	710-03
	ADOPTED

031722	[Needle Exchange Emergency]		Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
	Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.



	Enacted Number:	M03-189
	APPROVED






	The foregoing items were acted upon by the following vote:
	Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Daly

Severed from Without Reference to Committee Agenda


	Supervisors Hall and Sandoval requested that this matter be severed so that it could be considered separately.

031673	[Urging Governor Davis to sign Senate Bill 2]	Supervisor Sandoval
	Resolution urging Governor Davis to sign Health Insurance Act of 2003, also known as SB 2, which would expand the current employer-based health care system to provide health coverage to over one million uninsured Californians.





	Supervisor Sandoval, seconded by Supervisor Maxwell, moved an amendment of the whole.

	AMENDED by the following vote:
	Ayes: 9 - Ammiano, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 2 - Daly, Hall

Resolution commending Governor Davis for signing the Health Insurance Act of 2003, also known as SB 2, which would expand the current employer-based health care system to provide health coverage to over one million uninsured Californians.







	ADOPTED AS AMENDED by the following vote:
	Ayes: 9 - Ammiano, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 2 - Daly, Hall




	Supervisor Gonzalez requested that this matter be severed so that it could be considered separately.

031718	[Supporting Immigrant Pride Day 2003 in the City & County of San Francisco]	Supervisor Gonzalez
	Resolution waiving the fees associated with Immigrant Pride Day for the San Francisco Police Department and the San Francisco Fire Departments and urging the Municipal Transportation Agency to join with the City and waive their fees in support of Immigrant Pride Day.


	Supervisor Gonzalez requested that this matter be referred to Committee.

	REFERRED to the City Services Committee.

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

031739	[Prohibition on Demolition of Residential Buildings With 20 or More Dwelling Units Unless the Residential Building Proposed for Demolition Requires Substantial Rehabilitation]	Supervisor Daly
	Ordinance to amend the Planning Code by adding Section 317 and by amending Sections 710.39, 711.39, 712.39, 713.39, 714.39, 715.39, 716.39, 717.39, 718.39, 719.39, 720.39, 721.39, 722.39, 723.39, 724.39, 725.39, 726.39, 727.39, 728.39, 729.39, 730.39, 813.13, 814.13, 815.13, 816.13, 817.13, 818.13, 212, 242, 243, 249.5, and 249.21 to make findings as to the need to preserve affordable housing in San Francisco and to prohibit the demolition of residential buildings with 20 or more dwelling units unless the applicant for the proposed demolition provides documentation that the residential building requires substantial rehabilitation, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
	10/21/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 11/20/2003.

031747	[Revising permit fee and planning review surcharges applicable to permits and review activities subject to review by the Board of Appeals]	Supervisor Peskin
	Ordinance amending the Administrative Code by amending Section 10G.1 to correct erroneous Planning and Building Code citations, revising permit surcharges on permits issued by the Department of Building Inspection, the Taxi Commission, the Police Department and the Department of Public Works permits where such permits are subject to appeal before the Board of Appeals, revising the surcharge on fees imposed by the Planning Department for review of permits where such permits are subject to appeal before the Board of Appeals, and making environmental findings.
	10/21/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031655	[Post-Employment Restrictions for Former City Employees]	Supervisor Newsom
	Ordinance adding Chapter 8, Activities of Former Officers and Employees, to Article III of the Campaign and Governmental Conduct Code; moving section 3.545 of the Campaign and Governmental Conduct Code to section 3.800; and adding prohibitions to prevent former City employees, for a period of two years, from communicating on behalf of any other person or entity, other than the City and County of San Francisco, with an elected public official who was the former employee's appointing authority or City employees who are current appointees of that appointing authority.
	9/30/03, RECEIVED AND ASSIGNED to Rules Committee.

	10/21/03, SUBSTITUTED. Supervisor Newsom presented a substitute ordinance approved as to form, replacing a draft previously submitted.

	10/21/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/20/2003.

031656	[Campaign Consultants Lobbying Current and Former Clients]	Supervisor Newsom
	Ordinance amending Article II, Chapter 1, Section 2.100, adding section 2.117 to Article II, Chapter 1, and adding section 1.545 to Article I, Chapter 5 of the Campaign and Governmental Conduct Code to prohibit campaign consultants and employees of campaign consultants from lobbying current and former clients.
	9/30/02, RECEIVED AND ASSIGNED to Rules Committee.

	10/21/03, SUBSTITUTED. Supervisor Newsom presented a substitute ordinance approved as to form, replacing a draft previously submitted.

	10/21/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/20/2003.

020585	[Establishing a Library Citizens Advisory Committee]	Supervisor McGoldrick
	Ordinance amending Chapter 5 of the San Francisco Administrative Code by adding Article 24, Section 5.240, to establish the Library Citizens Advisory Committee as an advisory committee to the Board of Supervisors.
	4/8/02, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee.

	12/10/02, FILED PURSUANT TO RULE 5.37.

	10/21/03, REACTIVATED PURSUANT TO RULE 5.23. Supervisor McGoldrick requested this matter be reactivated and be named as sponsor.

	10/21/03, ASSIGNED to Rules Committee.

Resolutions

031738	[Contracting out Budget Analyst Services]
	Resolution concurring with the controller's certification that the budget analyst services can be practically performed by private contractor for lower cost than similar work services performed by city and county employees. (Clerk of the Board)
	10/21/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031746	[Accept-Expend State Grant]	Mayor, Supervisors McGoldrick, Maxwell, Sandoval, Newsom
	Resolution authorizing the Department of Parking and Traffic to accept and expend a grant in the amount of $199,204 from the California Office of Traffic Safety for improving school area traffic safety. (No Public Benefit Recipient.)
	10/21/03, RECEIVED AND ASSIGNED to Land Use Committee.

031748	[Installing City-owned broadband facilities in conjunction with the City's planned rebuild its sewer system]	Supervisor Ammiano
	Resolution urging the Department of Telecommunications and Information Services, the Public Utilities Commission, the Department of Public Works, and the Mayor's Office of Public Finance to evaluate the costs, benefits, and technical issues associated with installing broadband facilities when the City and County of San Francisco conducts its planned rebuild of its sewer system, to enable the City and County of San Francisco to increase the availability of bandwidth for telecommunications, cable, and information services.
	10/21/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031753	[Authorize the City and County of San Francisco's application to host the United Nations' World Environment Day 2005]	Supervisor Dufty
	Resolution authorizing San Francisco to apply to host United Nations' World Environment Day celebrations in 2005 and, if selected, designating SF Environment to work with other City departments to coordinate a host committee that will ensure the programmatic, financial, and educational success of the event.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031754	[Zoning - Extension of Planning Commission Review Period]	Supervisor Gonzalez
	Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code to require that all retail uses in C-2, C-M, M-1, M-2, RSD, SLR, SLI, SSO, and SPD zoning districts which are 50,000 square feet or larger may only be permitted as conditional uses.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031755	[Humanities West Day]	Supervisor Ma
	Resolution declaring November 21, 2003 to be "Humanities West Day" in the City and County of San Francisco.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031756	[Robert Louis Stevenson Elementary School Day]	Supervisor Ma
	Resolution declaring November 13, 2003 to be "Robert Louis Stevenson Elementary School Day" in the City and County of San Francisco.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031757	[Exemption from Requirement that Ambulances Carry Spare Tire and Jack]	Supervisor Ma
	Resolution authorizing the San Francisco Fire Department to be exempt from California Code of Regulations Title 13, Division 2, Chapter 5, Article 1, Section 1103(e) and (f), requiring ambulances to carry spare tire and jack.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031758	[Commending Kathleen Vasquez]	Supervisor Maxwell
	Resolution commending Kathleen Vasquez for winning the Milken National Educator's Award.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031759	[Urging U.S. Senators Dianne Feinstein and Barbara Boxer to fully fund Section 8]	Supervisors Ammiano, Daly
	Resolution urging U.S. Senators Dianne Feinstein and Barbara Boxer to fully fund the Section 8 voucher program, so that all current recipients may preserve their housing and those on the waiting list may receive new vouchers in the coming fiscal year.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031760	[Shelter Workers]	Supervisors Ammiano, Daly
	Resolution urging the Mayor's Budget Office, in consultation with the Controller, the Director of Public Health, the Director of Human Services and the Mayor's Office of Homelessness, to identify cost-savings necessary to develop funding for employee compensation negotiations between City-funded non-profit agencies and employee bargaining units representing shelter workers.
	10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031514	[Authorizing transfer of funds and management oversight from DPW to MOCD]	Supervisor Gonzalez
	Resolution authorizing transfer of $475,000 and management oversight of two City accessibility projects from the Department of Public Works to the Mayor's Office of Community Development for inclusion in City's CDBG Program in order to satisfy HUD's demand for City reimbursement relating to the improper use by the Third Street Economic Development Corporation of $51,706 in grant funds at 5048 Third Street.
	8/26/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

	9/16/03, ASSIGNED to Finance and Audits Committee.

	9/16/03, REFERRED to Finance and Audits Committee.

	10/21/03, SUBSTITUTED. Supervisor Gonzalez submitted a substitute resolution bearing new title.

	10/21/03, ASSIGNED to Finance and Audits Committee.

Requests for Hearings

031740	[Current Status of Instant Runoff Voting in San Francisco]	Supervisor Gonzalez
	Hearing to discuss the current status of Instant Runoff Voting in San Francisco on Election Systems and Software's compliance with their contract and their efforts to gain certification with state and federal authorities.
	10/21/03, RECEIVED AND ASSIGNED to Rules Committee. October 15, 2003 Memo from Department of Elections received.

031741	[Transbay Redevelopment Draft Plan]	Supervisor McGoldrick
	Hearing on the Transbay Redevelopment Draft Plan.
	10/21/03, RECEIVED AND ASSIGNED to Land Use Committee.

031742	[Rincon Hill Draft Plan]	Supervisor McGoldrick
	Hearing on the Rincon Hill Draft Plan.
	10/21/03, RECEIVED AND ASSIGNED to Land Use Committee.

031744	[Use of Federal EPSDT funding]	Supervisor Dufty
	Hearing on the use of Federal EPSDT funding (Early Prevention, Screening, Detection, and Treatment) to expand adolescent substance abuse treatment and services. This hearing will consider the potential use of these EPSDT funds to leverage needed expansion of services to adolescents.
	10/21/03, RECEIVED AND ASSIGNED to City Services Committee.

031745	[Compensation and contract for MTA Director Michael Burns.]	Supervisor Gonzalez
	Hearing to discuss decisions made by the Municipal Transportation Agency (MTA) related to the compensation and contract for MTA Director Michael Burns.
	10/21/03, RECEIVED AND ASSIGNED to Rules Committee.

Motions

031749	[Legislative Analyst Request - Practices and policies for processing invoices and payments on City contracts]	Supervisors Ma, Maxwell
	Motion requesting the Office of the Legislative Analyst (OLA) to compare and contrast San Francisco's current practices and policies for processing invoices and payments on City contracts to model municipalities (cities and/or counties), the State of California, and the San Francisco International Airport. In addition, the OLA should review and consider the feasibility of implementing a successful system in San Francisco.
	10/21/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration October 28, 2003.

031750	[Legislative Analyst Request - Cable Franchises]	Supervisor Sandoval
	Motion requesting the Legislative Analyst to survey other major cities such as Berkeley and Santa Cruz to find out whether they have used outside contractors or consultants to negotiate cable franchises. Also requesting the Legislative Analyst to consult with the Department of Telecommunication and Information Services, Zane Blaney of AccessSF, and Office of Supervisor Sandoval for the report and to deliver this report by November 14, 2003.
	10/21/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration October 28, 2003.

031751	[Legislative Analyst Request - Homebuyer assistance]	Supervisors Sandoval, Daly, Hall
	Motion requesting the Legislative Analyst to survey other jurisdictions regarding down payment assistance programs for first time homebuyers and to consult with the City Attorney's Office and the Mayor's Office of Housing regarding the feasibility and effectiveness of a down payment assistance program. Also requesting the Legislative Analyst to evaluate current homebuyer assistance programs and deliver report by November 14, 2003.
	10/21/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration October 28, 2003.

031723	[Appointment, Public Utilities Commission]
	Motion approving the Mayor's appointment of Andrew Lee to the Public Utilities Commission, for the term ending January 15, 2004. (Mayor) Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date - October 16, 2003.
	10/21/03, RECEIVED AND ASSIGNED to Rules Committee. 10/29/03 - Received communication from Mayor Willie L. Brown, Jr. withdrawing his nomination of Andrew Lee to the Public Utilities Commission.

031724	[Appointment, Public Utilities Commission]
	Motion rejecting the Mayor's appointment of Andrew Lee to the Public Utilities Commission.
	10/21/03, RECEIVED AND ASSIGNED to Rules Committee. 10/29/03 - Received communication from Mayor Willie L. Brown, Jr. withdrawing his nomination of appointment of Andrew Lee to the Public Utilities Commission.

031725	[Appointment, Public Utilities Commission]
	Motion taking no position concerning the Mayor's appointment of Andrew Lee to the Public Utilities Commission, for term ending January 15, 2004.
	10/21/03, RECEIVED AND ASSIGNED to Rules Committee. 10/29/03 - Received communication from Mayor Willie L. Brown, Jr. withdrawing his nomination of appointment of Andrew Lee to the Public Utilities Commission.

PROPOSED ORDINANCES

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. (Parking and Traffic Department) (No Public Benefit Recipient.)
	10/1/03, RECEIVED AND ASSIGNED to Land Use Committee.

	10/15/03, SUBSTITUTED. City Attorney submitted a substitute ordinance bearing new title.

	10/15/03, ASSIGNED to Land Use Committee.

031695	[Changing Official Width of Sidewalk]
	Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1561 to change the official sidewalk width on the south side of Market Street west of Third Street; making findings pursuant to the General Plan; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes. (Public Works Department) (No Public Benefit Recipient.)
	9/30/03, RECEIVED AND ASSIGNED to Land Use Committee.

031697	[Settlement of Lawsuit]
	Ordinance authorizing settlement of the lawsuit filed by Lynn Andrews against the City and County of San Francisco for $75,000; the lawsuit was filed on July 18, 2002 in San Francisco Superior Court, Case No. 410-430; entitled Lynn Andrews v. City and County of San Francisco, et al. (City Attorney) (Public Benefit Recipient.)
	10/9/03, RECEIVED AND ASSIGNED to Rules Committee.

031690	[Settlement Of Lawsuit]	Supervisor Gonzalez
	Ordinance authorizing settlement of the lawsuit filed by Restore Hetch Hetchy against the City and County of San Francisco for $1,700.00; the lawsuit was filed on July 24, 2003 in San Francisco Superior Court, Case No. 503-306; entitled Restore Hetch Hetchy v. San Francisco Board of Supervisors et al.; other material terms of said settlement are that the City and County of San Francisco and San Francisco Public Utilities Commission agree to remain neutral on Petitioner's efforts to seek funding for preparation of a study assessing the feasibility of restoring the Hetch Hetchy Valley. The San Francisco Public Utilities Commission reserves the right to comment on any restrictions, requirements or regulations that would be imposed on the Department by a funding source as a prerequisite to the appropriation of those funds. (City Attorney)
	10/10/03, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

031662	[Settlement of Claim]
	Resolution approving the settlement of the unlitigated claim filed by Fireman's Fund Insurance Company and Richard Dennes against the City and County of San Francisco. (Public Benefit Recipient.)
	10/3/03, RECEIVED AND ASSIGNED to Rules Committee.

031691	[STOP Intersections]
	Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Le Conte and Meade Avenues, stopping both streets, making this intersection an All-Way STOP; Teddy Avenue and Alpha Street, stopping Teddy Avenue at Alpha Street, making this intersection an All-Way STOP; Leland Avenue and Peabody Street, stopping Leland Avenue and Peabody Street, making this uncontrolled T-intersection an All-Way STOP; Broadway and Jones Street, stopping Jones Street, making this intersection an All-Way STOP; Benton Avenue and Genebern Way, stopping westbound Benton Avenue at Genebern Way; 26th Avenue and Moraga Street, stopping 26th Avenue, making this intersection an All-Way STOP; 25th and Mississippi Streets, stopping both streets, making this uncontrolled T-intersection an All-Way STOP; 20th Avenue and Quintara Street, stopping Quintara Street traffic at 20th Avenue, making this intersection an All-Way STOP; and Harney Way at Alana Way and Thomas Mellon Drive, stopping eastbound Harney Way Left Turn onto Alana Way. (Parking and Traffic Department) 9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2692; No Public Benefit Recipient.)
	10/1/03, RECEIVED AND ASSIGNED to Land Use Committee.

031692	[Traffic Regulations]
	Resolution enacting and rescinding traffic regulations on various streets. LEFT LANE MUST TURN LEFT - ESTABLISH Paul Avenue, eastbound, at Bayshore Boulevard. CROSSWALK - RESCIND Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, south side, at Oakdale Avenue. CROSSWALK - ESTABLISH Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, north side. NO RIGHT TURN AFTER BALLPARK EVENTS EXCEPT TAXIS - RESCIND NO RIGHT TURN AFTER BALLPARK EVENTS - ESTABLISH 3rd Street, northbound, at Townsend Street. NO LEFT TURN - ESTABLISH Woodside Avenue, eastbound, onto Youth Guidance Center/Laguna Honda Hospital access road. NO LEFT TURN - ESTABLISH Woodside Avenue, westbound, onto Idora Avenue. CROSSWALK - RESCIND Crossing Woodside Avenue, west side, at Idora Avenue. CROSSWALK - RESCIND Crossing Woodside Avenue, east side, at the Youth Guidance Center/Laguna Honda access road. NO LEFT TURN, 7:00 AM to 9:00 AM AND 4:00 PM TO 6:00 PM, EXCEPT SATURDAY AND SUNDAY - RESCIND NO LEFT TURN - ESTABLISH Judah Street, westbound at 17th Avenue. (Parking and Traffic Department) Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2692; No Public Benefit Recipient.)
	10/1/03, RECEIVED AND ASSIGNED to Land Use Committee.

031693	[Parking Regulations]
	Resolution enacting and rescinding parking regulations at various locations. RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Funston Avenue, west side, between California and Clement Streets (200 block). RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Sloat Boulevard, south side, from 20th Avenue to 100 feet easterly (300 block); and 20th Avenue, both sides, between Sloat Boulevard and Ocean Avenue (2900 block). UNMETERED MOTORCYCLE PARKING - ESTABLISH Fulton Street, south side, at 6th Avenue (accommodates 3 unmetered parking spaces). TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH States Street, north side, from Corona Heights Playground to a point 26 feet westerly. (9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPW Order No. 2692; No Public Benefit Recipient.)
	10/1/03, RECEIVED AND ASSIGNED to Land Use Committee.

031696	[Lease of Property]
	Resolution authorizing a 25-year Lease of San Francisco Public Utilities Land between the City and County of San Francisco and Sunol Valley Golf & Recreation Co., in Alameda County. (Public Utilities Commission) (Fiscal impact; Public Benefit Recipient.)
	10/1/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031698	[Approval of the Amended Ground Lease for the Rincon Park Restaurants Project]
	Resolution approving the Amended Ground Lease between the Port Commission and JMA Waterfront Properties, LLC, a Delaware limited liability company, for the Rincon Park Restaurants Project, located on The Embarcadero between Howard and Folsom Streets, for a total term, including renewal options, of sixty years. (Port) (Public Benefit Recipient.)
	10/3/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031716	[Airport Lease Disposition and Development Agreement and Lease]
	Resolution approving the Lease Disposition and Development Agreement and Lease of Plot 9 between Airis SFO, LLC and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (No Public Benefit Recipient.)
	10/10/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

Requests Granted


	From: Supervisor Maxwell To: Planning Department Requesting/Inquiring: Inquiring if the Department, in the development of its plans for lower Potrero/Showplace Square and the Mission, is working with the Department of Public Health for an economic and social analysis of the impacts of the various zoning proposals and the San Francisco County Transportation Authority to develop a plan for transit and overall transportation focused on the 16th Street corridor. From: Supervisors McGoldrick, Ma To: City Attorney Requesting/Inquiring: To write an Ordinance that creates a one-year moratorium on all Recreation and Park Department acquisitions except those in "high need areas" as identified by the General Plan, until a proper policy and framework for making open space decisions is prepared and approved by the Commission and the Board of Supervisors. From: Supervisor Sandoval To: Department of Parking and Traffic Requesting/Inquiring: Inquiring about the feasibility of installing a "No U-Turn" sign on Alemany Blvd (heading southbound) at Santa Rosa Street in front of Corpus Christi school to improve pedestrian safety and decrease vehicular accidents. From: Supervisor Sandoval To: Director of Recreation and Park Department Requesting/Inquiring: Requesting an update on capital developments for Brooks Park. The department should state the amount of money designated for capital developments at Brooks Park and provide a detailed timeline of construction at the park. Also requesting clerk to send a copy of this letter and its response to: Isabel Wade Neighborhood Parks Council 783 Buena Vista West San Francisco, CA 94117 From: Supervisor Sandoval To: Director of Recreation and Park Department Requesting/Inquiring: Requesting information about the status of the Geneva Avenue Community Garden located at




	Robert Landis (Supervisors Dufty, Ma, Sandoval) Michael Driscoll (Supervisor Hall) Hugh Smith (Supervisor Hall) Chester H. Yee (Supervisor Ma) Faith Fancher (Supervisor Maxwell)

ADJOURNMENT


	There being no further business, the Board at the hour of 10:37 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 November 18, 2003. 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.

To request sign language interpreters, readers, large print agendas or other accommodations, please call (415) 554-7703 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.

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

Return to Full Board Agendas