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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, December 16, 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, Aaron Peskin, Gerardo Sandoval.
Members Excused: Gavin Newsom.
Members Absent: None.


ROLL CALL AND PLEDGE OF ALLEGIANCE
The meeting was called to order at 2:07 p.m. On the call of the roll Supervisor Newsom was noted absent.

Supervisor Newsom was excused from attending meeting. (See Infra)

Quorum present.

 

APPROVAL OF MEETING MINUTES
Supervisor Dufty, seconded by Supervisor Peskin, moved to approve November 18, 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 Finance and Audits Committee

031747 [Revising permit fee and planning review surcharges applicable to permits and review activities subject to review by the Board of Appeals] Supervisors Peskin, Dufty
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.
Enacted Number: 282-03
FINALLY PASSED
 

031962 [Contracting Out Own Recognizance, Pretrial Diversion, and Misdemeanant Services]
Resolution approving the Controller's certification that own recognizance release, pretrial court diversion, and supervised misdemeanant services provided to arrested persons in the City and County of San Francisco can be practically performed by private contractors at a lower cost for the year commencing July 1, 2003 than if work were performed by City and County employees. (Sheriff)

(Public Benefit Recipient.)

Enacted Number: 809-03
ADOPTED
 

Recommendations of the Rules Committee

031790 [Settlement of Lawsuit - Mamei Wei]
Ordinance authorizing settlement of the lawsuit filed by Mamei Wei against the City and County of San Francisco and Ray Contreras for $250,000; the lawsuit was filed on December 20, 2002 in U.S. District Court for the Northern District of California, Case No. C02-5887 TEH entitled Mamei Wei v. City and County of San Francisco and Ray Contreras. (City Attorney)

(Public Benefit Recipient.)

Enacted Number: 283-03
FINALLY PASSED
 

031799 [Settlement of Lawsuit - Curtis McGlothin]
Ordinance authorizing settlement of the lawsuit filed by Curtis McGlothin against the City and County of San Francisco for $165,000; the lawsuit was filed on August 7, 2002 in San Francisco Superior Court, Case No. 411-241; entitled Curtis McGlothin, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

Enacted Number: 285-03
FINALLY PASSED
 

031807 [Settlement of Lawsuit - Teresa Lau]
Ordinance authorizing settlement of the lawsuit filed by Teresa Lau against the City and County of San Francisco for $93,500; the lawsuit was filed on September 27, 2001 in San Francisco Superior Court, Case No. 324-939; entitled Teresa Lau, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

Enacted Number: 284-03
FINALLY PASSED
 

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

(Public Benefit Recipient.)

PASSED, ON FIRST READING
 

031912 [Settlement of Lawsuit - Leo Rivkin]
Ordinance authorizing settlement of the lawsuit filed by Leo Rivkin against the City and County of San Francisco for $110,000; the lawsuit was filed on February 22, 2001 in San Francisco Superior Court, Case No. 319-085; entitled Leo Rivkin, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

PASSED, ON FIRST READING
 

031913 [Settlement of Lawsuit - Janet Prieto]
Ordinance authorizing settlement of the lawsuit filed by Janet Prieto against the City and County of San Francisco for $85,000; the lawsuit was filed on January 2, 2002 in the San Francisco Superior Court, Case No. 403048; entitled Janet V. Prieto v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

PASSED, ON FIRST READING
 

031946 [Settlement of Lawsuit - Billy Clark]
Ordinance authorizing settlement of the lawsuit filed by Billy Clark against the City and County of San Francisco for $50,000; the lawsuit was filed on November 16, 2001 in San Francisco Superior Court, Case No. 401-372; entitled Billy Clark v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

PASSED, ON FIRST READING
 

031576 [Appointment]
Resolution appointing LeConte Dill and Gloria Thornton, terms ending June 30, 2005 to the Asthma Task Force. Residency requirement waived.

LeConte Dill, (residency requirement waived) succeeding Ann Togia, resigned, seat 1, must be a representative of a community-based organization that provides advocacy related to asthma issues in San Francisco and is a voting member; for the unexpired portion of a two year term ending June 30, 2005. Gloria Thornton, succeeding Carla Furtado, resigned, seat 11, must be a representative of MediCal Managed Care Insurers and is a voting member, for the unexpired portion of a two year term ending June 30, 2005.

Enacted Number: 799-03
ADOPTED
 

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

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

031882 [Review of Concession Opportunity] Supervisor Peskin
Resolution authorizing the Director of the Department of Administrative Services to issue a request for proposals for the award of an agreement for use of sites owned or occupied by the City and County of San Francisco for beverage vending services.
Supervisor Peskin, seconded by Supervisor Maxwell, moved that this Resolution be RE-REFERRED to the Finance and Audits Committee. The motion carried by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Absent: 1 - Newsom

Supervisor Daly requested the following items be severed so that they could be considered separately.
 

031923 [Certification to Accompany Application for State Grant for construction of an Ingleside Branch Library] Mayor, Supervisors Sandoval, Daly, Hall
Resolution certifying project budget, local funding, supplemental funding and public library operations pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000.
Supervisor Hall requested to be added as a co-sponsor.
Enacted Number: 804-03
ADOPTED by the following vote:
Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Daly
Absent: 1 - Newsom

031924 [Certification to Accompany Application for State Grant for construction of a new Ortega Branch Library] Mayor, Supervisor Ma
Resolution certifying project budget, local funding, supplemental funding and public library operations pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000.
Enacted Number: 805-03
ADOPTED by the following vote:
Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Daly
Absent: 1 - Newsom

031925 [Certification to Accompany Application for State Grant for construction of a Portola Branch Library] Mayor, Supervisor Maxwell
Resolution certifying project budget, local funding, supplemental funding and public library operations pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000.
Enacted Number: 806-03
ADOPTED by the following vote:
Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Daly
Absent: 1 - Newsom

031926 [Certification to Accompany Application for State Grant for Richmond Library Expansion and Renovation] Mayor, Supervisor McGoldrick
Resolution certifying project budget, local funding, supplemental funding and public library operations pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000.
Enacted Number: 807-03
ADOPTED by the following vote:
Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Daly
Absent: 1 - Newsom

031927 [Certification to Accompany Application for State Grant for construction of a Visitacion Valley Branch Library] Mayor, Supervisor Maxwell
Resolution certifying project budget, local funding, supplemental funding and public library operations pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000.
Enacted Number: 808-03
ADOPTED by the following vote:
Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Daly
Absent: 1 - Newsom

NEW BUSINESS

REGULAR AGENDA

Recommendations of the Finance and Audits Committee

031716 [Airport Lease Disposition and Development Agreement and Lease] Supervisor Hall
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)

(Fiscal impact; No Public Benefit Recipient.)

The Board reviewed this matter with the Budget Analyst and a Member of the Airport Commission.

Supervisor Sandoval, seconded by Supervisor Ma, moved to refer this matter to Committee.

Motion failed by the following vote:

Ayes: 5 - Dufty, Hall, Ma, Maxwell, Sandoval

Noes: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin

Absent: 1- Newsom

Supervisor Hall, seconded by Supervisor Maxwell, moved to continue to January 27, 2004.

Motion failed by the following vote:

Ayes: 4 - Dufty, Hall, Ma, Maxwell

Noes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval

Absent: 1 - Newsom

NOT ADOPTED by the following vote:
Ayes: 4 - Dufty, Hall, Ma, Sandoval
Noes: 6 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin
Absent: 1 - Newsom

031828 [Airport Revenue Bonds]
Resolution approving the issuance of up to $225,000,000 additional aggregate principal amount of San Francisco International Airport Second Series Revenue Refunding Bonds for the purpose of refinancing 1991 Resolution Bonds and Subordinate Bonds of the Airport Commission; Approving the issuance of San Francisco International Airport Second Series Variable Rate Revenue Bonds for the purpose of financing or refinancing certain capital improvements at San Francisco International Airport, including by refunding outstanding 1991 Resolution Bonds and Subordinate Bonds of the Airport Commission; Approving the maximum interest rates thereon; Approving the forms of certain documents relating to the Bonds; Approving Xl Capital Assurance Inc. as a provider of bond insurance and reserve fund Surety Bonds and the forms of certain documents relating thereto; and Approving certain amendments to the 1991 Master Resolution. (Airport Commission)
Enacted Number: 800-03
ADOPTED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031884 [Expend Federal Funds - Fiscal Year 2003 Lead Hazard Reduction Demonstration Grant Program] Mayor
Resolution authorizing the Mayor of the City and County of San Francisco to expend a grant from the U.S. Department of Housing and Urban Development for lead-based paint hazard reduction in a total amount not to exceed $2,600,000, which includes indirect costs of $30,000.

(No Public Benefit Recipient.)

Supervisor Sandoval, seconded by Supervisor Daly, moved that this Resolution be RE-REFERRED to the Finance and Audits Committee. The motion carried by the following vote:
Ayes: 7 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, Sandoval
Noes: 2 - McGoldrick, Peskin
Absent: 1 - Hall
Excused: 1 - Newsom

Recommendations of the Land Use Committee

031701 [Distribution of literature by a residential tenant in a building to other tenants in the building, regarding matters of common interest or concern to the tenancies] Supervisors Peskin, Daly, McGoldrick, Gonzalez, Sandoval, Ammiano
Ordinance adding Administrative Code Chapter 49A "Residential Tenant Communications" regarding a residential tenant's permissible use of common areas to distribute literature to other tenants in the building, including literature distributed on behalf of a tenants' association or other tenants' organization, where the literature relates to issues of common interest or concern to the building's tenancies; distribution may include placement of literature on or in front of tenant doors, with the distributor's name/address/telephone number plainly included for any tenant to opt out of future doorway distributions; and, the landlord may establish other reasonable requirements as to the time, place, manner, and volume, of such literature distribution.
Supervisors Daly, McGoldrick and Gonzalez requested to be added as co-sponsors.
PASSED ON FIRST READING by the following vote:
Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Hall
Excused: 1 - Newsom

031832 [Designating 2926-2948 16th Street, the Labor Temple/Redstone Building, As a Landmark Under Planning Code Article 10] Supervisors Daly, Peskin, Gonzalez
Ordinance Designating 2926-2948 16th Street, the Labor Temple/Redstone Building, As Landmark No. 238 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department)

(No Public Benefit Recipient.)

Supervisors Peskin and Gonzalez requested to be added as co-sponsors.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031566 [Interim Controls Regulating Certain Industrially-Zoned Properties on Third Street Between Islais Creek and Paul Avenue] Supervisors Maxwell, Gonzalez
Resolution adopting interim controls that would subject the following properties on Third Street between Islais Creek and Paul Avenue, which are currently zoned M (Industrial), to the more restrictive controls of NC-3 (Moderate-Scale Neighborhood Commercial) for a period of twelve months: Assessor's Block 4501, Lots 001, 003, 004, and 005; Block 4881, Lots 012, 018, 022, and 024; Block 4912, Lot 006; Block 4940, Lots 012A, 012B, and 024; Block 5211, Lots 027 and 028; Block 5217, Lot 001; Block 5225, Lot 010; Block 5226, Lots 025, and 028; Block 5235, Lots 003 and 011; Block 5242, Lots 021, 022, 023, 024, and 042; Block 5253, Lots 003, 008, 029, 030, 031, 032, 033, and 034; Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036; Block 5272, Lots 045 and 048; Block 5279, Lots 001, 002 and 003; Block 5414, Lots 005, 006, 007, 008, 025, 026, 027, 028, and 030; Block 5418, Lots 001, 002, and 010; Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 016, 017, and 018; Block 5421, Lot 011; Block 5429, Lot 002; Block 5431A, Lots 001, 001M, 001U, 001V, and 004; adopting findings pursuant to Planning Code Section 101.1.
Supervisor Gonzalez requested to be added as a co-sponsor.
Enacted Number: 820-03
ADOPTED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

Recommendations of the Rules Committee

031503 [New administrative debarment procedure] Supervisors Peskin, McGoldrick, Gonzalez
Ordinance adding a new Chapter 28 to the San Francisco Administrative Code to establish a City-wide administrative debarment procedure; amending Chapter 6 of the Administrative Code to reflect the adoption of the new Chapter 28.
Supervisors McGoldrick and Gonzalez requested to be added as co-sponsors.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031534 [Appointment]
Resolution appointing F.X. Crowley, term ending January 31, 2005, to the Golden Gate Bridge, Highway and Transportation District.

F.X. Crowley, succeeding Robert McDonnell, deceased, seat 2, represents public at large, subject to review and affirmation by the Board of Supervisors in January of each odd-numbered year, for the unexpired portion of a two-year term ending January 31, 2005. Supervisor Dufty dissenting in committee.

Continued to January 13, 2004
Supervisor Ammiano, seconded by Supervisor McGoldrick, moved that this Resolution be CONTINUED. The motion carried by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031864 [Appointment, Public Utilities Commission]
Motion approving the Mayor's appointment of Ryan Brooks 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 - November 20, 2003.

Supervisor Daly discussed with the City Attorney the issues relating to the appointment process and validity of the appointment.

Supervisor Gonzalez reviewed with the Deputy City Attorney the process regarding a member not voting on an item if present in the Chamber.

Enacted Number: M03-219
APPROVED by the following vote:
Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Absent: 1 - Daly
Excused: 1 - Newsom

Recess

The Board recessed at the hour of 3:40 p.m.

Reconvening of the Board

The Board at the hour of 3:45 p.m. reconvened.

Calling the Roll

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

Supervisors Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, McGoldrick, Peskin, Sandoval - 9

Quorum present.

Supervisor Maxwell noted present at 3:52 p.m.

 

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

Privilege of the Floor
Supervisor Hall, 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, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

Supervisor Hall introduced, welcomed and presented a Certificate of Honor to Karin Carlson, Mayor's Board Liason.

Mayor Willie Brown, Jr. spoke in the recognition of Ms. Carlson.

 

031999 [Third Annual Youth Recognition Day]
Third Annual Youth Recognition Day Presentation. (Clerk of the Board)
Speakers:

Jesse Cottrell, Chair of the San Francisco Youth Commission

Commissioner Mar, Member of the Board of Education

Britt Benson (Supervisor Ma)

Jasmine Marshall (Supervisor Maxwell)

Robert Daniel Wong (Supervisor McGoldrick)

Daniel Panko (Supervisor Newsom) presented by Supervisor Dufty

Melanie Lee Seto (Supervisor Peskin)

Ricardo Iraheta (Supervisor Sandoval)

Vinia Ramos-Castro (Supervisor Ammiano)

Andy Shie Kee Wong (Supervisor Daly)

Antonio Alonzo Ayala (Supervisor Dufty)

Deborah Falch (Supervisor Hall)

Marquez Shaw (Supervisor Gonzalez)

FILED.
 

SPECIAL ORDER 4:00 P.M.

031888 [Public Hearing]
Hearing of persons interested in or objecting to proposed Resolution establishing the modification and renewal of an assessment district known as the Union Square Business Improvement District, ordering the levy and collection of assessments against property located in that district for fiscal years 2004-2005 through 2008-2009, approving an agreement with the Union Square Business Improvement District, Inc. to provide services within the District, repealing Resolution No. 1066-98, creating the Union Square Business Improvement District Advisory Board, and making environmental findings. (Clerk of the Board)

(Companion measure to File 031815.)

Supporting Union Square Business Improvement District

Leigh Ann Baughman, Union Square

Mary McCue, Yerba Buena Gardens

Anson Lee, Ellis - O'Farrell Parking Corporation

Wes Tyler, Chancellor Hotel

Ken Cleaveland, BOMA/SF

Opposing Union Square Business Improvement District

David Blatteis, P.T. Huo Corporation, unfair tax should be based on property size

The President declared the Public Hearing Closed.

Representative of the Department of the Elections gave the results of the Election.

HEARD AT PUBLIC HEARING.
 

031815 [Modification and renewal of the Union Square Business Improvement District] Supervisor Peskin
Resolution establishing the modification and renewal of an assessment district known as the Union Square Business Improvement District, ordering the levy and collection of assessments against property located in that district for fiscal years 2004-2005 through 2008-2009, approving an agreement with the Union Square Business Improvement District, Inc. to provide services within the District, repealing Resolution No. 1066-98, creating the Union Square Business Improvement District Advisory Board, and making environmental findings.

(Fiscal impact.)

Crispin Tirso, Department of the Elections, reported to the Board the results of the Union Square Business Improvement District Election.

Supervisor Peskin, seconded by Supervisor Ammiano, moved an amendment of the whole.

Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

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

Mike Farrah , Legislative Aide to Supervisor Newsom informed the Board that Supervisor Newsom was unable to attend today's meeting due to transition matters. Supervisor Newsom will be in attendance at the January 6, 2004 meeting
 

Supervisor Newsom Excused from Attendance
Supervisor Maxwell, seconded by Supervisor Dufty, moved to excuse Supervisor Newsom from attending today's meeting. The motion carried by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Absent: 1 - Newsom

SPECIAL ORDER 4:30 P.M.

031840 [Appeal, Final Mitigated Negative Declaration - 701 Lombard Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated January 15, 2003, approving a final mitigated negative declaration for the proposed condominium project located at 701 Lombard Street, on Assessor's Block 074, Lot 001. (Appellant: Susan Brandt-Hawley, attorney, on behalf of Telegraph Hill Dwellers.)

(Appeal filed November 6, 2003 by Susan Brandt-Hawley, attorney, on behalf of the Telegraph Hill Dwellers; companion measure to Files 031841, 031842, 031860, 031861, 031862, 031863.)

Susan Brandt-Hawley, Attorney for appellant

Support of appellant:

Julie Christiansen, Jean Milligan, Joe Butler, Mikel Olman, Mr. Wong, Mark Bruno, Vice President, Telegraph Hill Dwellers, Karen Pasiani, Local Attorney, Mary Liffian, Paul Scott

Paul Maltzer, Environmental Officer, Planning Department and Larry Badinder, Acting Planning Director reviewed with the Board the Planning Department's recommendation.

Jim Reuben, Attorney for project sponsor

Sal Busalacchi, Starchild, Patricia Franklin, Keith Wilson, Lynn Jefferson, North Beach Neighbor, Brian O'Flynn, project sponsor, Joe O'Donoghue

Rebuttal Period:

Susan Brandt-Hawley, Attorney for appellant

The President declared the Public Hearing Closed.

HEARD AT PUBLIC HEARING.
 

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the negative declaration decision described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

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

031841 [Finding appeal of the negative declaration for 701 Lombard Street untimely]
Motion finding the appeal of the negative declaration issued on January 15, 2003 for 701 Lombard Street not timely filed. (Clerk of the Board)
Speakers on the question of the timeliness of the filing of the appeal.

Susan Brandt-Hawley, Attorney for appellant

Jim Reuben, Attorney for project sponsor

The Board reviewed with the Deputy City Attorney and Planning Department representatives the appeal process.

Joe O'Donoghue, Residential Builders, support of project sponsor

Mr. Demoulliear, support of project sponsor, Patricia Franklin, Brian O'Flynn, project sponsor, Sal Busalacchi, opposed to appeal, Paul Scott, President of Telegrah Hill Dwellers, support of appeal, Starchild, Libertarian, opposed to appeal, Kerry Mallen, support of project sponsor, Male speaker, support of appeal, Chuck Clemens, support of project sponsor, female speaker, support of project sponsor, Joan Wood, support of appeal, Keith Wilson, support of project sponsor, female speaker, support of project sponsor, Rick Hills, Mr. Turner support of project sponsor

The President declared the Public Hearing Closed.

Rebuttal Period:

Susan Brandt-Hawley, Attorney for the appellant

TABLED by the following vote:
Ayes: 6 - Ammiano, Daly, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 4 - Dufty, Gonzalez, Hall, Ma
Excused: 1 - Newsom

031842 [Finding the negative declaration appeal for 701 Lombard Street timely]
Motion finding the appeal of the negative declaration issued on January 15, 2003 for 701 Lombard Street timely filed. (Clerk of the Board)
Enacted Number: M03-207
APPROVED by the following vote:
Ayes: 6 - Ammiano, Daly, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 4 - Dufty, Gonzalez, Hall, Ma
Excused: 1 - Newsom

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

031861 [Affirm adoption of the negative declaration for 701 Lombard Street]
Motion affirming Planning Department adoption of the final negative declaration for 701 Lombard Street. (Clerk of the Board)
Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote:
Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval
Noes: 4 - Dufty, Hall, Ma, Maxwell
Excused: 1 - Newsom

031862 [Reversing adoption of the negative declaration for 701 Lombard Street]
Motion reversing the Planning Department adoption of the final negative declaration for 701 Lombard Street. (Clerk of the Board)
Enacted Number: M03-209
Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Motion be APPROVED. The motion carried by the following vote:
Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval
Noes: 4 - Dufty, Hall, Ma, Maxwell
Excused: 1 - Newsom

031863 [Preparation of findings to reverse adoption of the negative declaration for 701 Lombard Street]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Department adoption of the negative declaration for 701 Lombard Street. (Clerk of the Board)
Enacted Number: M03-210
Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Motion be APPROVED. The motion carried by the following vote:
Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval
Noes: 4 - Dufty, Hall, Ma, Maxwell
Excused: 1 - Newsom

031860 [Preparation of findings related to the timeliness of the negative declaration appeal for 701 Lombard Street]
Motion directing the Clerk of the Board to prepare findings related to the timeliness of the negative declaration appeal for 701 Lombard Street. (Clerk of the Board)
Enacted Number: M03-208
APPROVED by the following vote:
Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval
Noes: 4 - Dufty, Hall, Ma, Maxwell
Excused: 1 - Newsom

SPECIAL ORDER 4:30 P.M.

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 January 13, 2004
Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion carried by the following vote:
Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval
Noes: 4 - Dufty, Hall, Ma, Maxwell
Absent: 1 - Newsom

SPECIAL ORDER 6:00 P.M.

031905 [Public Hearing - Appeal of Categorical Exemption - 937-939 Jackson Street]
Hearing of persons interested in or objecting to the decision of the Planning Department dated September 30, 2003, approving a Certificate of Determination of Exemption/Exclusion from Environmental Review for the proposed condominium project located at 937-939 Jackson Street, on Assessor's Block 191, Lot 28. (Appellants: Rick Riley, Kevin Cheng, Deborah Goiten Goodyear, Irine Lew, Kwong Young Fong, Yick Q. Fong, Florence F. Wong, Lee Q. Fong, Grace S. Fong.)

(Appeal filed November 17, 2003; companion measure to Files 031906, 031907, 031908.)

Kevin Cheng, Appellant

Support of appellant:

Rick Riley, Elaine Jackson, Male Speaker, Kim Trong, Stella Chung, Edwin Wong, Roger Miller, Grace Wong, Female Speaker, Jesse Lai, Irene Lew

Paul Maltzer, Environmental Officer, and Tammy Chan, Planning Department Representatives reviewed with the Board the Planning Commission's recommendation.

Jim Reuben, Attorney for Project Sponsor

Support of Project Sponsor

Project sponsor, Brian O'Flynn

The President declared the Public Hearing Closed.

HEARD AT PUBLIC HEARING.
 

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the categorical exemption described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

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

031906 [Affirming the categorical exemption issued for 937-939 Jackson Street]
Motion affirming the determination by the Planning Department that the proposed project located at 937-939 Jackson Street is categorically exempt from the California Environmental Quality Act as an in-fill development project and as a general rule exclusion. (Clerk of the Board)
TABLED by the following vote:
Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Absent: 1 - Ammiano
Excused: 1 - Newsom

031907 [Disapproving the categorical exemption issued for 937-939 Jackson Street]
Motion disapproving the determination by the Planning Department that the proposed project located at 937-939 Jackson Street is categorically exempt from the California Environmental Quality Act as an in-fill development project and as a general rule exclusion. (Clerk of the Board)
Enacted Number: M03-211
APPROVED by the following vote:
Ayes: 7 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 3 - Dufty, Hall, Ma
Excused: 1 - Newsom

031908 [Preparation of findings to disapprove categorical exemption issued for 937-939 Jackson Street]
Motion directing the Clerk of the Board to prepare findings disapproving the determination by the Planning Department that the proposed project located at 937-939 Jackson Street is categorically exempt from the California Environmental Quality Act as an in-fill development project and as a general rule exclusion. (Clerk of the Board)
Enacted Number: M03-212
APPROVED by the following vote:
Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Absent: 1 - Ammiano
Excused: 1 - Newsom

COMMITTEE REPORTS

031901 [Proposed Expenditure of California Healthcare for Indigents Program (CHIP) funds for Fiscal Year 2003-04] Supervisors Dufty, Gonzalez
Resolution authorizing adoption of the County Description of Proposed Expenditure of California Healthcare for Indigents (CHIP) funds for Fiscal Year 2003-04 and that the President or duly authorized representative of the Board of Supervisors of the City and County of San Francisco can certify the County Description of Proposed Expenditure of CHIP funds for the Fiscal Year 2003-04. (Public Health Department)

(No Public Benefit Recipient.)

Supervisor Gonzalez requested to be added as a co-sponsor.
Enacted Number: 803-03
ADOPTED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031929 [San Francisco Law Library Justice Center] Mayor, Supervisor Gonzalez
Resolution in support of the San Francisco Law Library Justice Center at 525 Golden Gate Avenue.
Supervisor Gonzalez requested to be added as a co-sponsor.

Continued to January 13, 2004

Supervisor Daly, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion carried by the following vote:
Ayes: 7 - Ammiano, Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Peskin
Noes: 3 - Hall, Ma, Sandoval
Excused: 1 - Newsom

031881 [2004-2007 Children's Service Allocation Plan] Supervisors Daly, Maxwell
Resolution approving the Children's Services Allocation Plan for the Children's Fund in accordance with Section 16.108 of the San Francisco Charter.
Enacted Number: 801-03
ADOPTED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031873 [Memorandum of Understanding - Police] Mayor
Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association (Police) to be effective July 1, 2003 through June 30, 2005.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031874 [Memorandum of Understanding - Fire] Mayor
Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association (Fire) to be effective July 1, 2003 through June 30, 2005.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031965 [MOU - H-1 Fire Rescue Paramedics] Mayor
Ordinance adopting and implementing the 2003-2005 Memorandum of Understanding between the H-1 Fire Rescue Paramedics, Service Employees International Union, Local 790 and the City and County of San Francisco, to be effective July 1, 2003 through June 30, 2005.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

031897 [Grant of Federal Funds]
Resolution authorizing the Municipal Transportation Agency to accept and expend $1,475,374 of New Start Federal Capital Assistance for the Third Street - Phase II, Central Subway project, excluding administrative overhead costs. (Municipal Transportation Agency)

(No Public Benefit Recipient.)

Enacted Number: 802-03
ADOPTED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Excused: 1 - Newsom

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT
Abdullah Megaheed; general issues

Robert Pender, Park Merced issues

Male Speaker, Tenderloin issues

Joe O'Donoghue, Residential Builders, affordable housing issues

Rusty Holden, support Item 58

Bill Boreman, support Item 58

Resident of Cow Hollow, support Item 58

Resident of Cow Hollow, support Item 58

Jackie Brison, SF Inner Faith Council, shelter for men only

Male Speaker, 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.

031978 [Japantown Task Force, Inc.] Supervisors Gonzalez, Peskin
Resolution authorizing the San Francisco Redevelopment Agency to directly apply for and receive SB 307 funds to allocate to the Japantown Task Force, Inc., a community organization, to define cultural preservation and to prepare the specific plan and be the community planning entity for San Francisco's Japantown, as defined in SB 307.
Supervisor Peskin requested to be added as a co-sponsor.
Enacted Number: 810-03
ADOPTED
 

031982 [Public Hearing Approval] Supervisor Peskin
Resolution approving the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $13,500,000 for On Lok Health Services and On Lok Community Housing, Inc.
Enacted Number: 811-03
ADOPTED
 

032000 [Multi-Year Electricity Procurement] Supervisors Ammiano, Gonzalez, Peskin, Daly
Resolution urging the California Public Utilities Commissioners not to authorize a multi-year Electricity Procurement for San Francisco Ratepayers.
Supervisors Peskin, Gonzalez and Daly requested to be added as co-sponsors.
Enacted Number: 812-03
ADOPTED
 

032001 [Yellow Zone Conversion] Supervisor Ammiano
Resolution urging the Department of Parking and Traffic to convert parking spaces located at 3286 and 3290 Mission Street from metered yellow zones to standard metered parking.
Enacted Number: 813-03
ADOPTED
 

032002 [Pedestrian Safety and Speeding on State Highways] Supervisors Hall, Peskin
Resolution urging the State Legislature to pass legislation increasing fines for speeding, running red lights, and other moving violations on state highways bisecting neighborhoods and other major thoroughfares designated by the local jurisdiction, and urging the State Legislature to set aside the revenue from these fines for pedestrian safety improvements.
Supervisor Peskin requested to be added as a co-sponsor.
Enacted Number: 814-03
ADOPTED
 

032003 [Chinese Exclusion Act] Supervisors Ma, Peskin, McGoldrick
Resolution commemorating the 60th anniversary of the repeal of the Chinese Exclusion Act.
Supervisors Peskin and McGoldrick requested to be added as co-sponsors.
Enacted Number: 815-03
ADOPTED
 

032005 [Commending Seva Foundation] Supervisors McGoldrick, Peskin
Resolution commending the contribution of the Seva Foundation and proclaiming December 13, 2003 Seva Foundation 25th Silver Anniversary Day in San Francisco.
Supervisor Peskin requested to be added as a co-sponsor.
Enacted Number: 816-03
ADOPTED
 

032016 [Power Lines in Marina District] Supervisors Newsom, Peskin
Resolution urging Lucasfilm Ltd. and Pacific Gas & Electric Co., Inc. to work with the community on alternatives to its Bay-Fillmore-Filbert-Lyon route for supplying power to the Letterman Digital Arts Center in the Presidio, and to ensure that the route reduces impacts on San Francisco neighborhoods to the greatest extent possible.
Supervisor Peskin requested to be added as a co-sponsor.
Enacted Number: 817-03
ADOPTED
 

032017 [Hearts in San Francisco] Supervisor Peskin
Resolution urging support for "Hearts in San Francisco", a temporary public art installation.
Enacted Number: 818-03
ADOPTED
 

032020 [Excelsior Street Safe Program] Supervisor Sandoval
Resolution urging the Department of Parking and Traffic and the San Francisco Police Department and all other relevant city agencies to review the "Community Action Plan for Safer Streets in the Excelsior" and work with the Excelsior Street Safe project and community residents to implement the Plan's recommendations.
Enacted Number: 819-03
ADOPTED
 

031909 [Final Map for a 80 Unit Residential / Commercial Condominium Project (821 Folsom Street)]
Motion approving Final Map of Shipley Square, A Residential / Commercial Condominium Project, being a subdivision of Lot 393 in Assessor's Block No. 3752, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(No Public Benefit Recipient; DPW Order No. 174,546; Distsrict 6.)

Enacted Number: M03-213
APPROVED
 

031954 [Final Map for a 16 Unit Live/Work Condominium Project]
Motion approving Final Map of 68 Harriet Street, A Live/Work Condominium Project, being a subdivision of Lot 184 in Assessor's Block No. 3731, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
Enacted Number: M03-214
APPROVED
 

031955 [Final Map for a 16 Unit Live/Work Condominium Project]
Motion approving Final Map of 175 Russ Street, A Live/Work Condominium Project, being a subdivision of Lot 185 in Assessor's Block No. 3731, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
Enacted Number: M03-215
APPROVED
 

031956 [Final Map for a 21 Unit Mixed-Use Condominium Project]
Motion approving Final Map of 350 Alabama Street, a Mixed-Use Condominium Project,
being a subdivision of Lot 3, Assessor's Block No. 3967, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
Enacted Number: M03-216
APPROVED
 

031963 [Final Map for an 8 Unit Residential Condominium Project]
Motion approving Final Map of Killarney Court # 1 - 8, 843 South Van Ness Avenue, A Residential Condominium Project, being a subdivision of Lot 22 in Assessor's Block No. 3594, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)
Enacted Number: M03-217
APPROVED
 

031976 [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: M03-218
APPROVED
 

The foregoing items were acted upon by the following vote:
Ayes: 8 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 2 - McGoldrick, Sandoval
Excused: 1 - Newsom

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

032004 [Support HR 3171 and SB 1552] Supervisor McGoldrick
Resolution supporting HR 3171 and SB 1552, amending the USA PATRIOT Act.
REFERRED to the Rules Committee.
 

Supervisor Daly requested that this item be severed so that it could be considered separately.
 

032018 [Charlotte Mailliard Shultz Staircase Renaming] Supervisors Peskin, Dufty, Hall
Resolution renaming the Grand Staircase of San Francisco City Hall's rotunda as the Charlotte Mailliard Shultz Staircase.
Supervisor Hall requested to be added as a co-sponsor.
REFERRED to the Rules Committee.
 

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

032019 [Urging the San Francisco Delegation to the California Assembly and Senate to Oppose Proposed Budget Cuts] Supervisor Sandoval
Resolution urging the San Francisco delegation to the California Assembly and Senate to oppose Governor Arnold Schwarzenegger's proposed budget cuts to critical health and human services.
REFERRED to the Rules Committee.
 

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

030423 [Establishing the powers and duties of the Small Business Commission] Supervisor Daly
Ordinance amending the San Francisco Administrative Code by adding Section 2A.240, to list the powers and duties of the Small Business Commission, and by repealing Sections 5.120, 5.121, and 5.122, dealing with the former Small Business Commission, and by re-numbering Section 10.100-129 as Section 10.100-333, and providing that the ordinance shall only take effect if a charter amendment creating a Small Business Commission in the Charter is adopted at the November 2003 election.

(No fiscal impact; Companion measure to File 030426.)

3/18/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 4/17/2003.
3/25/03, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance, correcting an error in the short title.
3/25/03, ASSIGNED to Rules Committee.
3/28/03, REFERRED TO DEPARTMENT. Referred to Small Business Commission.
12/16/03, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing same title.
12/16/03, ASSIGNED to Rules Committee.

032024 [Designation of Acting Mayors] Supervisor Daly
Draft Ordinance amending the San Francisco Administrative Code, by adding Section 2A.11, to require the Mayor to inform the Board of Supervisors in writing when leaving the state for more than 24 hours, to require the Mayor to designate Acting Mayors in writing and inform the Clerk of the Board of such designations, to require Acting Mayors to report on any official actions taken, and to require the members of the Board to receive training on emergency operations.
12/6/03, RECEIVED AND ASSIGNED to Rules Committee.

032025 [Clean Village Ordinance] Supervisor Daly
Draft ordinance adding Administrative Code Chapter 92 to declare San Francisco a "Clean Village," require that City-owned or leased buildings and human services organizations funded with public funds make restroom facilities available to members of the public, and establish a pilot public hygiene program; adding Health Code Sections 286.1 to 286.3 to prohibit public urination and defecation; amending Health Code Section 580 to clarify the definition of Responsible Party; amending Health Code Section 581 to define used hypodermic syringes as a nuisance; amending Public Works Code Section 174 to assign responsibility for the removal of hypodermic syringes and human excrement to the Department of Public Works; adding Park Code Section 3.19 to establish operating hours for restroom facilities operated by the Recreation and Park Department; amending Health Code Section 596 to establish penalties and outline enforcement; making findings; and setting effective dates.
12/16/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

032029 [Extended Hours Permits] Supervisor Dufty
Draft ordinance amending Section 1070.19 of the Police Code to permit bona fide public eating places or places of entertainment that have no liquor license to apply for and receive an extended hours permit from the Entertainment Commission.
12/16/03, RECEIVED AND ASSIGNED to City Services Committee.

032030 [Zoning - Allow Tourist Hotels of 75 Rooms or Less in the SSO District] Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending Section 818 and adding Section 818.78 to Table 818 to allow a tourist hotel of 75 rooms or less as a principal permitted use in the SSO (Service/Secondary Office District); adopting findings.
12/16/03, RECEIVED AND ASSIGNED to Land Use Committee.

032031 [Limited Equity Conversions] Supervisor Daly
Ordinance approving a method for Community Land Trusts to convert existing residential buildings to limited-equity condominiums.
12/16/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 1/15/2004.

Resolutions

032009 [Implementation of AB 117] Supervisor Gonzalez
Resolution supporting AB 117 which concerns community aggregation of power by local agencies.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032027 [Adopting the recommendations of the City Non-profit Contracting Task Force] Supervisors Maxwell, Dufty, Ma
Resolution adopting the recommendations of the City Non-Profit Contracting Task Force.
12/16/03, RECEIVED AND ASSIGNED to Rules Committee.

032028 [Lease of Real Property] Supervisor Maxwell
Resolution authorizing a lease of approximately 8,105 square feet of space at 10 United Nations Plaza for the Department of Child Support Services for a term of six years.

(Public Benefit Recipient.)

12/16/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

032034 [Gift in Place to Recreation and Park Department, $288,355] Supervisors Hall, Maxwell, Ma
Resolution accepting and expending a gift in place valued at $288,355 from the friends of Recreation and Parks to the Recreation and Park Department for Lake Merced.

(No Public Benefit Recipient.)

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032035 [Biosciences Task Force] Supervisor Maxwell
Resolution adding one additional member to the existing San Francisco Biosciences Task Force formed by Board Resolution No. 217-03.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032036 [Acknowledgement of Congresswoman Pelosi's Support of Central Subway] Supervisors Peskin, Dufty, Maxwell, Ma, Daly, Ammiano
Resolution acknowledging and commending House Democratic Leader Nancy Pelosi for her role in securing federal funding essential to the Central Subway, Phase II of the Third Street Light Rail project, and other transportation infrastructure projects that will benefit San Francisco and the region.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032037 [Commending John Arntz and the Department of Elections] Supervisors Peskin, Ma, Dufty, Hall
Resolution commending John Arntz and the Department of Elections for their exemplary professionalism in conducting three elections in three months.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032038 [Accept and Expend Gift - Levi Strauss Foundation] Supervisor Hall
Resolution retroactively accepting and expending a gift in the amount of $12,500 from the Levi Strauss Foundation.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032039 [Accept-Expend Grant - Public Defender, $15,000] Supervisor Sandoval
Resolution authorizing the Office of the Public Defender to accept and expend a grant in the amount of $15,000 from the VanLobenSels/RembeRock Foundation for a social worker position dedicated to working with female juvenile offenders.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032040 [Accept-Expend Grant - Public Defender, $40,000] Supervisor Sandoval
Resolution authorizing the Office of the Public Defender to accept and expend a grant in the amount of $40,000 from the San Francisco Foundation for a social worker position dedicated to working with female juvenile offenders.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032041 [Importation of prescription medications from Canada by or for members of the City's Health Service System and citizens of San Francisco] Supervisor Sandoval
Resolution urging the City's Health Service System to explore the feasibility and cost effectiveness of the importation of prescription medications from Canada by or for members of the City's Health Service System and citizens of the City and County of San Francisco.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032042 [Extending the meetings of the Homeless Senior Task Force] Supervisor Daly
Resolution amending Resolution No. 682-02 to extend the meetings of the Homeless Senior Task Force for an additional six months.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Motion

032022 [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.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

032032 [Requesting the Office of the Controller to conduct a management audit of the Department of Recreation and Park's Aquatics Program] Supervisor Maxwell
Motion requesting the Office of the Controller to conduct a management audit of the Department of Recreation and Park's Aquatics Program.
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Hearing

032023 [Annual Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines and Draft Budget] Supervisor Daly
Hearing to consider the annual review and approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines and Draft Budget prior to submittal to the Mayor.
12/16/03, RECEIVED AND ASSIGNED to Budget Committee.

032033 [2002 San Francisco Hospital Charity Care Report] Supervisor Maxwell
Hearing on the 2002 San Francisco Hospital Charity Care Report Summary and to report on the amount of charity care provided since the passage of the Ordinance in July of 2001.
12/16/03, RECEIVED AND ASSIGNED to City Services Committee.

PROPOSED ORDINANCES

032026 [Clerk of the Board of Supervisors - Amendments to fees charged by the Clerk]
Ordinance amending Section 8.37 of the San Francisco Administrative Code to increase current fees, add new fees, and repeal other fees charged by the Clerk of the Board of Supervisors, including an increase in conditional use appeal filing fees; imposing new fees for environmental and tentative map appeals to the Board of Supervisors; increasing temporary street closure denial appeal fees; imposing new fees for encroachment permit appeals to the Board of Supervisors; imposing new fees for Landmark appeals to the Board of Supervisors; and adding fees for copies of audio tape recordings of Board and Committee meetings, and for requesting that staff of the Clerk's Office conduct research of Board Supervisors records; providing for an annual adjustment by the Controller based on the CPI. (Clerk of the Board)
12/16/03, RECEIVED AND ASSIGNED to Budget Committee.

PROPOSED RESOLUTIONS

031910 [Contracting out Janitorial Services]
Resolution concurring with the Controller's certification that janitorial services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department)

(Public Benefit Recipient.)

12/8/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031950 [Accept-Expend State Grant] Supervisor Dufty
Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend grant funds made available through the California Office of Traffic Safety (OTS) for a project entitled "You Drink & Drive, You Lose" national campaign. (Police Department)

(No Public Benefit Recipient.)

12/2/03, RECEIVED AND ASSIGNED to City Services Committee.

031951 [Accept-Expend Federal Grant] Supervisor Dufty
Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend grant funds made available through the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives for a project entitled Gang Resistance Education And Training (G.R.E.A.T.) (Police Department)

(No Public Benefit Recipient.)

12/2/03, RECEIVED AND ASSIGNED to City Services Committee.

032006 [Settlement of Charges]
Resolution approving the settlement of California Department of Fair Employment and Housing and Equal Employment Opportunity Commission charges, filed by Ana Guevara on September 20, 2002, against the City and County of San Francisco alleging failure to reasonably accommodate and failure to engage in the interactive process under the disability laws. On September 17, 2003, Ana Guevara made a pre-litigation settlement demand to the City regarding her claims. (City Attorney)
12/9/03, RECEIVED AND ASSIGNED to Rules Committee.

Requests Granted

From: Supervisor Daly

To: City Attorney

Requesting/Inquiring: To draft an ordinance based on Los Angeles' ordinance requiring the posting of health inspection results in the windows of local restaurants.

From: Supervisors Dufty, Hall, Sandoval, Ma, Maxwell

To: Airport Commission

Requesting/Inquiring: Inquiring whether the San Francisco Airport Commission can consider and recommend to the Board of Supervisors a revised Lease Disposition and Development Agreement for Plot 9 that reflects concerns expressed by the Board of Supervisors during consideration of File 031716 on December 16, 2003. Such amendments should include, but not be limited to, revisions of this lease agreement so the City and County of San Francisco does not receive a reduction in lease revenue in the first five years of this agreement. Further, can the Airport Commissioners outline the reasons that Airis SFO was selected for the project and respond to any of the concerns expressed in the Board of Supervisors' December 16, 2003 deliberations. Additionally, request that a copy of this letter be transmitted to Mayor-elect Gavin Newsom.

From: Supervisor Peskin

To: City Attorney

Requesting/Inquiring:

To explore the legal feasibility of establishing an independent authority to bulk purchase prescription drugs from approved pharmacies, either inside or outside the United States, for the purpose of providing the cheapest possible alternatives for San Franciscans, and;

Explore the implications of the recently enacted Medicare Reform legislation, adopted by United States Congress and signed by the President, as they relate to the reimportation of pharmaceuticals from foreign nations, and

Utilize the aforementioned authority to provide the most costly pharmaceuticals to approved retail outlets in the City and County of San

 

In Memoriams
Bob Ross (Entire Board)

Richard Shemano (Supervisor Hall)

Bill O'Donnell (Supervisor McGoldrick)

Thelma Faltus (Supervisor Dufty)

 

ADJOURNMENT
There being no further business, the Board at the hour of 12:53 a.m. adjourned.

Gloria L. Young, Clerk

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 January 13, 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.

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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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