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February 20, 2001

Full Board Agendas
Board of Supervisors

City and County of San Francisco

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

seal of the city and county of sf

AGENDA - FINAL
Tuesday, February 20, 2001
2:00 PM

Regular Meeting


TOM AMMIANO, PRESIDENT
CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO,
SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM
AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES
Motion to APPROVE the January 2, and January 8, 2001 Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

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

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

Items 1 through 9

Recommendations of the Audit, Labor and Government Efficiency Committee
Present: Supervisors Newsom, Daly, McGoldrick

1. 010006 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Lesha Taylor and Melanie Vaughn against the City and County of San Francisco for $100,000; the lawsuit was filed on March 24, 1999 in San Francisco Superior Court, Case No. 302210; entitled Taylor et al. v. City and Couny of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

2. 010028 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by David L. Birkholz, An Incompetent, et al. versus the City the County of San Francisco for $50,000.00; the lawsuit was filed on 6/22/95 in Superior Court of San Francisco, Case No. 970-567; entitled David L. Birkholz, An Incompetent, et al. v. State of California, City and County of San Francisco, et al; material terms of said settlement are: in consideration of City making payment of $50,000.00 to the plaintiff, the plaintiff agrees to dismiss the suit against the City and County of San Francisco and all the individually named City employee defendants. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

3. 010160 [Settlement of Litigation]
Ordinance authorizing settlement of the lawsuits filed by Golden Eagle Insurance Co. and Martha Johnson against the City and County of San Francisco for the total amount of $150,000; the lawsuits were filed on August 17, 1998 and August 25, 1998 in San Francisco Superior Court, Case Nos. 997-242 and 997-465; entitled Golden Eagle Insurance Co. v. City and County of San Francisco, et al. and Martha Johnson v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Finance Committee
Present: Supervisors Leno, Peskin, Gonzalez

4. 002146 [Grant to develop a green building tool kit and support green building practices through training workshops] Supervisors Leno, Newsom
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $72,450 from the California Integrated Waste Management Board. (Environment)
Question: Shall this Resolution be ADOPTED?

5. 010110 [Lease of City-owned property at 850 Bryant Street]
Resolution authorizing and approving lease of City-owned property located on the first floor of the Hall of Justice, 850 Bryant Street, to the Northern California Service League. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?

6. 010111 [Lease of City-owned property at 400 McAllister Street]
Resolution authorizing and approving lease of City-owned property located on the first floor of the Civic Center Courthouse, 400 McAllister Street, to the Northern California Service League. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Housing, Transportation and Land Use Committee
Present: Supervisors McGoldrick, Daly, Peskin

7. 010003 [Regional Transportation Improvement Program (RTIP) grant funds for various transportation capital projects] Supervisor Newsom
Resolution authorizing the Director of the Department of Public Works to accept and expend a grant in the amount of $7,630,000 in Regional Transportation Improvement Program funds for various transportation capital projects. (Public Works Department)
Question: Shall this Resolution be ADOPTED?

8. 010029 [Grant funds from Bay Area Air Quality Management District for bicycle racks] Supervisors Leno, Newsom
Resolution retroactively authorizing the Executive Director of the Department of Parking and Traffic or his designee to accept and expend $97,600 from the Transportation Fund for Clean Air in the Bay Area to install bicycle racks in various locations and waiving indirect costs. (Parking and Traffic Department)
Question: Shall this Resolution be ADOPTED?

Recommendation of the Public Health and Environment Committee
Present: Supervisors Maxwell, Yee, Leno

9. 010049 [Grant funds from the Bay Area Air Quality Management District for the purpose of supporting efforts to improve air quality]
Resolution authorizing the City Administrator and the Director of the Department of the Environment to accept and expend $900,000 from the Bay Area Quality Management District’s Transportation Fund for Clean Air and authorizing the City Administrator and the Director of the Department of the Environment to execute agreements with the Bay Area Air Quality Management District, whereby, the City would indemnify the District from claims resulting from the City’s performance of said agreements. (City Administrator)
Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Finance Committee
Present: Supervisors Leno, Peskin, Gonzalez

10. 000276 [Planning Code amendment to rename "Office Affordable Housing Production Program" as the "Jobs-Housing Linkage Program" and to apply the program to hotel, entertainment, and retail space Supervisors Ammiano, Bierman, Peskin, Daly
Ordinance amending Article III, Chapter II, Part II of the San Francisco Municipal Code (Planning Code) by amending Sections 313, 313.1, 313.2, 313.3, 313.4, 313.5, 313.6, 313.7, 313.8, 313.9, 313.10, 313.11, 313.12, 313.13, and 313.14, to rename the "Office Affordable Housing Production Program" as the "Jobs-Housing Linkage Program," to apply the program to all new and expanded hotel space of at least 25,000 square feet, to all new and expanded entertainment space of at least 25,000 square feet, to all new and expanded retail space of at least 25,000 square feet, and to all new and expanded research and development space of at least 25,000 square feet; to set forth the number of housing units to be constructed for each type of development subject to this Ordinance; to increase the number of housing units and fees for office developments; and by adding Section 313.15 to require a study every five years determining the demand for housing created by commercial development.
2/12/2001, MOTION to excuse Supervisor Newsom from voting on this matter, at his request.
2/12/2001, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Supervisor Ammiano submitted an amendment of the whole, bearing same title.
2/12/2001, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Housing, Transportation and Land Use Committee
Present: Supervisors McGoldrick, Daly, Peskin

11. 010060 [Rent passthrough] Supervisors Gonzalez, Peskin, Daly
Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by adding a new Section 37.8C "Temporary Moratorium on Rent Board processing or approval of landlord petitions for certification and passthrough of non-seismic capital improvement, rehabilitation and energy conservation costs to tenants, during pendency of the Superior Court’s preliminary injunction staying implementation of November 2000 Proposition H."
2/12/2001, MOTION to excuse Supervisor Newsom from voting on this matter, at his request.
2/12/2001, MOTION to excuse Supervisor Maxwell from voting on this matter, at her request.
2/12/2001, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Peskin submitted an amendment of the whole, bearing new title.
2/12/2001, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the Rules Committee
Present: Supervisors Gonzalez, Hall, Ammiano

12. 002151 [Appointment]
Resolution appointing Mark Heinzelman, Russell Keil, and Stephen Brett to the Union Square Business Improvement District Advisory Board, terms ending June 30, 2004; waiving residency requirement.
Mark Heinzelman, Seat 3, succeeding Jordan Meisner, must be property owner within the business improvement district, for unexpired portion of a five-year term ending June 30, 2004;
Russell Keil (residency requirement waived), Seat 5, succeeding James Flood, must be property owner within the business improvement district, for unexpired portion of a five-year term ending June 30, 2004;
Stephen Brett (residency requirement waived), Seat 6, succeeding Ann Paolini, must be property owner within the business improvement district, for unexpired portion of a five-year term ending June 30, 2004.

2/12/2001, SEVERED FROM CONSENT AGENDA. Supervisor Daly requested this matter be severed so it could be considered separately.
2/12/2001, CONTINUED. Supervisor Daly requested this matter be continued to February 20, 2001.
Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the Audit, Labor and Government Efficiency Committee
Present: Supervisors Newsom, Daly, McGoldrick

13. 010107 [Memorandum of Understanding, Local 790 Fire Rescue Paramedics]
Ordinance adopting and implementing the terms of a Memorandum of Understanding between the Service Employees International Union, AFL-CIO, Local 790, and the City and County of San Francisco for the H-1 Fire Rescue Paramedics to be effective for the period July 1, 1999 through June 30, 2001. (Human Resources Department)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 002190 [Reimbursement to Employees - Fourth Quarter, 2000]
Resolution authorizing reimbursement for cost of personal property of City and County employees damaged/stolen in the line of duty.
Question: Shall this Resolution be ADOPTED?

15. 010201 [Contingent Fee Agreement in Electric Power Litigation]
Resolution approving contingency fee agreement in People of the State of California by and through San Francisco City Attorney Louise H. Renne v. Dynegy Power Marketing, Inc., et al.; requiring reports from the City Attorney. (City Attorney)
Question: Shall this Resolution be ADOPTED?

16. 010202 [Lead Litigation Contingency Fee Agreement]
Resolution approving contingency fee agreement in County of Santa Clara, et al. v. Atlantic Richfield Company, et al.; requiring report from the City Attorney. (City Attorney)
Question: Shall this Resolution be ADOPTED?

Recommendation of the Housing, Transportation and Land Use Committee
Present: Supervisors McGoldrick, Daly, Peskin

17. 010054 [Termination of existing sewer easement and acceptance of replacement sewer easement between Tandang Sora Street and 4th Street]
Ordinance authorizing the termination of an existing sewer easement and the acceptance of the grant of a replacement sewer easement between Tandang Sora Street and 4th Street, and adopting findings pursuant to City Planning Code Section 101.1. (Real Estate Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Public Health and Environment Committee
Present: Supervisors Maxwell, Yee, Leno

18. 010001 [Contract funds to assist in a study of social movements and HIV/AIDS in Brazil]
Resolution authorizing the Department of Public Health (Subgrantee) to enter retroactively into an agreement in the amount of $16,431 with the Trustees of Columbia University (CU) for Charles H. Klein as Co-Principal Investigator and Subgrantee employee to assist in coordination, developing data collection instruments, maintaining data quality assurance, and coordinating data analysis for a study of social movements and HIV/AIDS in Brazil; retroactively to March 1, 2000. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

19. 010002 [Contract funds from YMCA of San Francisco to provide health services to OMI/Excelsior Neighborhood Beacon Center participants]
Resolution authorizing the Department of Public Health, Balboa Teen Health Center (the "Contractor"), to enter retroactively into an independent contractor services agreement in the amount of $19,302 with the OMI/Excelsior Neighborhood Beacon Center/Urban Services YMCA of San Francisco (the "Client") to provide health services to Beacon Center participants; retroactive to July 1, 2000. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

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

From Rules Committee
The following item will be considered by the Rules Committee at a Regular meeting on Thursday, February 15, 2001, at 1 p.m. The Chair intends to request the committee to send the following item to the Board as a committee report.

20. 010209 [Appointment to San Francisco LAFCO]
Motion appointing Supervisor Ammiano, Supervisor Maxwell, Supervisor Daly, and Supervisor McGoldrick, to the San Francisco Local Agency Formation Commission, and appointing Supervisor Gonzalez as an alternate member. (Clerk of the Board)
Question: Shall this Resolution be ADOPTED?

21. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney.

22. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak. The President or the Board may limit the total testimony to 30 minutes.

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST
These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors’ task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

23. 010309 [Legislative Analyst Request] Supervisor Ammiano
Motion asking the Legislative Analyst to provide staff support for the Potrero Plant Citizens Advisory Task Force by providing policy analyses research.
Question: Shall this Motion be ADOPTED?

FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee.

Items 24 through 43

24. 010281 [Transfer of PG&E Revenues] Supervisors Leno, Maxwell, Peskin, McGoldrick
Resolution urging the California Public Utilities Commission to clarify its order establishing PG&E Corp. as the holding corporation of PG&E to require that PG&E Corp. provide cash to PG&E to allow it to meet its obligations to provide reliable electricity service at reasonable rates and further urging the Federal Energy Regulation Commission to reverse its ruling to allow ring fencing of PG&E’s NEG Group.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

25. 010282 [Renovate, repair and maintenance of HUD Subsidized apartment complexes] Supervisors Maxwell, Ammiano, Leno, Gonzalez, Newsom
Resolution urging AIMCO to renovate, repair and maintain the Bayview Apartments, LaSalle Apartments, Shoreview Apartments, and All Hallows Gardens to the fullest extent possible.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

26. 010283 [Embarcadero Task Force] Supervisor Peskin
Resolution urging representatives of the Department of Parking and Traffic, the Transportation Authority, the Municipal Transportation Authority, the Department of Public Works, the Port of San Francisco, the Municipal Railway, the Fire Department and the Police Department in consultation with members of the public to form a Task Force to monitor existing and planned transportation improvements in the area and to asses the impacts of planned projects on traffic, parking, public transportation, and additional forms of transportation such as bicycles and pedestrians in the Embarcadero area.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

27. 010284 [MIOCR Demonstration Program] Supervisor Sandoval
Resolution authorizing the Sheriff’s Department to apply for a three-year grant in an amount not to exceed $5,000,000 from the State Board of Corrections for Mentally Ill Offenders Crime Reduction (MIOCR) Demonstration Program; and approving the membership of the MIOCR Strategy Committee.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 010285 [Child care initiative funding] Supervisor Sandoval
Resolution urging the Mayor to commit full funding for SF CARES and WAGES + in the baseline of the proposed budget for the 2001-2002 fiscal year.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 010286 [State legislation, AB 106] Supervisor Yee
Resolution supporting Assembly Bill 106, the Refundable Earned Income Tax Credit and urging the local delegation to the California State Assembly to support the bill.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 010287 [363rd Infantry Regiment Battle Flags] Supervisor Yee
Resolution urging the Mayor to work with the San Francisco Veterans Community to identify an appropriate place of prominence in City Hall for the 363rd Infantry Regiment Battle Flags, and place the flags in this location as soon as possible.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 010288 [Potrero Power Plant Task Force Membership] Supervisor Ammiano
Resolution adding one (1) additional member to the Potrero Power Plant Citizen Advisory Task Force to represent Supervisorial District 10 and who shall be appointed by the Board of Supervisors.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 010289 [School of the Americas] Supervisor Ammiano
Resolution urging President George Bush and Congress of the United States to support the closure of the United States Army School of the Americas.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 010290 [Reduced risk pest management] Supervisor Ammiano
Resolution endorsing the Reduced Risk Pest Management Ordinance proposed by Pesticide
Alternatives of Santa Clara County.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 010291 [Standard Code of Conduct] Supervisors Ammiano, Leno, McGoldrick
Resolution urging all City Commissions to adopt and/or enforce a standard code of conduct which discourages and reprimands City officials, City Department Directors and City Commissioners from utilizing regularly scheduled public meetings to willfully attack, defame and/or slander fellow colleagues with disrespectful comments that are disparaging of one’s sexual orientation, race, ethnic background, religion, gender, age or physical ability and further urging all City Commissions to adopt and/or enforce policy which discourages and reprimands individuals, who during the public comment portion of regularly scheduled meetings, issue comments that are disparaging of anyone’s sexual orientation, race ethnic background, religion, gender, age or physical ability; and further urging all City Commissions to proactively discourage, reprimand and remove individuals from public meetings who verbally abuse and physically threaten members of the general public or City officials from attempting to exercise their first amendment.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 010293 [Labor issue] Supervisors Daly, Peskin
Resolution urging the Departments of Public Health and Human Services, and the Mayor’s Office on Homelessness to protect workers at MSC-North and MSC-South.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 010294 [Commendation] Supervisors Leno, Daly, Maxwell, McGoldrick, Gonzalez, Sandoval, Ammiano
Resolution commending the Health Services System Board for including transsexual care and treatment in San Francisco health plans.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 010295 [Commendation] Supervisors Leno, Daly, McGoldrick, Gonzalez, Sandoval, Ammiano
Resolution commending Theresa Sparks for her appointment to the Human Rights Commission.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 010296 [Commendation] Supervisors Maxwell, Ammiano, Daly, Gonzalez, Hall, Leno, McGoldrick, Newsom, Peskin, Sandoval, Yee
Resolution commending the recognition of Black History Month.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 010297 [Commendation] Supervisors Daly, Gonzalez
Resolution commending senior and tenant advocate Maurice Dopp.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 010299 [Board Off-site Meeting] Supervisors Ammiano, Maxwell
Motion ordering the City and School District Committee meeting of the Board of Supervisors to be held at the Irving G. Breyer Board Meeting Room, Board of Education, 555 Franklin Street, First Floor, San Francisco, on March 14, 2001, at 3:00 P.M. and directing the Clerk of the Board to prepare notices and postings.
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING to Board of Supervisors. Scheduled for consideration on February 20, 2001.
Question: Shall this Motion be ADOPTED?

41. 010310 [Municipality Utility District Formation] Supervisor Gonzalez
Motion declaring that in the Board’s opinion the public interest or necessity demands the creation and maintenance of a municipal utility district with the same exterior boundaries as the City and County of San Francisco and the City of Brisbane, to be known as the "San Francisco-Brisbane Municipal Utility District," and directing the Clerk to refer this request to the San Francisco Local Agency Formation Commission with certain information
2/12/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

42. 010313 [Final map for an 11 unit Mixed Use Condominium Project]
Motion approving final map of 826 Folsom Street, a Mixed-Use Condominium Project, being a subdivision of Lot 16, Assessor’s Block No. 3733, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 172,790.)

2/14/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

43. 010317 [Senate Bill 71, which expands Workers Compensation benefits for California employees] Supervisor Peskin
Resolution urging the California State Legislature pass, and Governor Davis sign, Senate Bill 71.
2/14/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

44. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES
Proposed ordinances received from February 8 through noon on February 14, for reference by President to appropriate committee on February 20, 2001.

010256 [Speed Limit on Chestnut between Hyde/Leavenworth Streets]
Ordinance amending the San Francisco Traffic Code, establishing a 20-MPH speed limit on Chestnut Street, between Hyde and Leavenworth Streets. (Parking and Traffic Department)
2/8/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee.

010315 [Appropriation, funding for the emergency physician services to indigent persons]
Ordinance appropriating $1,203,319 of Emergency Medical Services Appropriation (EMSA) funds to provide emergency physician services to indigent persons to the Department of Public Health for fiscal year 2000-01. (Public Health Department)
2/14/2001, RECEIVED AND ASSIGNED to Finance Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from February 8 through noon on February 14, for reference by President to appropriate committee on February 20, 2001.

010203 [Contracting out Facility Security Services]
Resolution concurring with the Controller’s certification that facility security services for the Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by City and County employees. (Public Transportation Commission)
2/14/2001, RECEIVED AND ASSIGNED to Finance Committee.

010204 [Lease of Property for the Portola Branch Library]
Resolution authorizing the lease of real property at 45 Leland Avenue for the Library. (Real Estate Department)
2/12/2001, RECEIVED AND ASSIGNED to Finance Committee.

010253 [Stop Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Duncan and Sanchez Streets, northwest and southeast corners, stopping Sanchez Street (makes this an all-way STOP)
Ingalls Street and Carroll Avenue, northeast and southwest corners, stopping Ingalls Street (makes this an all-way STOP)
Jennings Street and Egbert Avenue, northeast and southwest corners, stopping Jennings Street (makes this an all-way STOP)
Sunnydale and Garrison Avenues, northeast corner, stopping westbound Sunnydale Avenue (makes this T-intersection an all-way STOP) (Parking and Traffic Department)
(DPT Order No.2159.)

2/8/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee.

010255 [Traffic Regulations, Various Streets]
Resolution enacting and rescinding traffic regulations on various streets.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Folsom Street, both sides, from 6th Street to 30 feet westerly (30-foot zone, along 18-foot wide sidewalk bulb)

NO LEFT TURN - ESTABLISH
3rd Street, both directions, at Armstrong Avenue
3rd Street, both directions, at Bancroft Avenue
3rd Street, both directions, at Donner Avenue
3rd Street, both directions, at Egbert Avenue
3rd Street, both directions, at Fitzgerald Avenue
3rd Street, both directions, at Le Conte Avenue
3rd Street, both directions, at Underwood Avenue
3rd Street, both directions, at Wallace Avenue
3rd Street, northbound, at Key Avenue
3rd Street, northbound, at Salinas Avenue
3rd Street, northbound, at Yosemite Avenue
3rd Street, southbound, at Hollister Avenue
3rd Street, southbound, at Ingerson Avenue

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
3rd Street, both sides, between Bancroft and Carroll Avenues
3rd Street, both sides, between Carroll and Donner Avenues
3rd Street, east side, between Gilman and Hollister Avenues
3rd Street, east side, between Jamestown and Key Avenues
3rd Street, east side, between Key and Le Conte Avenues
3rd Street, east side, between Le Conte and Meade Avenues
3rd Street, east side, between Underwood and Van Dyke Avenues
3rd Street, east side, between Van Dyke and Wallace Avenues
3rd Street, east side, from Bancroft Avenue to 80 feet northerly (80-foot zone)
3rd Street, east side, from Donner Avenue to 60 feet southerly (60-foot zone)
3rd Street, east side, from Fitzgerald Avenue to 65 feet southerly (65-foot zone, along traffic island)
3rd Street, east side, from Fitzgerald Avenue to 82 feet northerly (82-foot zone)
3rd Street, east side, from Gilman Avenue to 52 feet northerly (52-foot zone)
3rd Street, east side, from Gilman Avenue to 60 feet northerly (60-foot zone)
3rd Street, east side, from Hollister Avenue to 80 feet southerly (80-foot zone)
3rd Street, east side, from Jamestown Avenue to 65 feet northerly (65-foot zone)
3rd Street, east side, from Underwood Avenue to 42 feet northerly (42-foot zone)
3rd Street, west side, between Lane Street and Yosemite Avenue (traffic island)
3rd Street, west side, between Le Conte and Keith Avenues
3rd Street, west side, between Salinas and Jamestown Avenues
3rd Street, west side, between Underwood and Williams Avenues
3rd Street, west side, between Williams and Wallace Avenues
3rd Street, west side, from Donner Avenue to 72 feet southerly (72-foot zone)
3rd Street, west side, from Paul Avenue to 368 feet southerly (368-foot zone)
3rd Street, west side, from Paul Avenue to 374 feet northerly (374-foot zone)
3rd Street, west side, from Salinas Avenue to 172 feet northerly (172-foot zone)
3rd Street, west side, from Underwood Avenue to 70 feet northerly (70-foot zone)
3rd Street, west side, from Yosemite Avenue to 110 feet southerly (110-foot zone)

LEFT TURN ONLY - ESTABLISH
Hickory Street, eastbound, at Franklin Street

RIGHT TURN ONLY - ESTABLISH
Ritch Street, northbound, at Brannan Street

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Kearny Street, west side, from Francisco Street to 30 feet southerly (30-foot zone) (Parking and Traffic Department)
(DPT Order No. 2159.)

2/8/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee.

010254 [Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations.

NO PARKING ANYTIME - RESCIND
San Bruno Avenue, west side, from north terminus north of 18th Street to 32 feet southerly (32-foot zone to replaced with a longer zone)

NO PARKING ANYTIME - ESTABLISH
San Bruno Avenue, west side, from north terminus north of 18th Street to 50 feet southerly (50-foot zone, replacing and extending existing zone)

UNMETERED MOTORCYCLE PARKING - ESTABLISH
16th Street, north side, from 8th Street to 35 feet easterly (35-foot zone, accommodating 10 motorcycle spaces) (Parking and Traffic Department)
(DPT Order No. 2159.)

2/8/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee.

010318 [Petitions and Communications]
Petitions and communications received from February 8 through noon on February 14, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on February 20, 2001.

From Office of the Legislative Analyst, submitting report regarding non-budgeted overtime, both current and from the last five years. (1)

From Administrative Services, submitting reasons for the "no taping/posting guidelines on walls in City Hall. Copy: Supervisor Yee, Deputy Clerk (2)

From Public Utilities Commission, submitting request for release of reserved funds ($2.5 million) to fund phase one (Gravity Belt Thickener Project) of the construction of odor control remediation at the Southeast Water Pollution Control Plant. (3)

From Supervisor Ammiano, submitting appointment of Jeanne Darrah as member to the Park and Recreation Open Space Advisory Committee. Copy: Rules Committee (4)

From Gebo Jera, submitting support to keep "protective, guard, and aggressive" dogs muzzled and leashed at all times when out of their living units. (5)

From Shannon Seaberg, submitting opposition to proposal to keep "large dogs" muzzled in public. (6)

From Reva Bhatia, submitting support for proposal to keep dogs on leash in San Francisco parks. (7)

From Office of the Controller, submitting six-month status report based on revenues received and appropriations expended through December 31, 2000. (8)

From Iconoclast Productions, submitting press release announcing the 2001 African American Multimedia Conference, February 17-19, at the Center for African American Art and Culture, located at 762 Fulton Street. (9)

From Arthur Zanello, submitting opposition to the proposed temporary moratorium on Rent Board processing or approval of landlord petitions for certification and passthrough of capital improvement, rehabilitation and energy conservation costs to tenants, during pendency of the Superior Court’s preliminary injunction staying implementation of November 2000 Proposition H. 3 Letters (10)

From Public Utilities Commission, submitting Declaration of a Sewer Emergency on Himmelmann Place at Broadway. Copy: Finance Committee (11)

From Office of the Mayor, submitting record of proceedings from the State Legislation Committee meeting of February 7, 2001. (12)

From Senate Rules Committee, submitting notice of appointment of Jack Clarke of Apple Valley as a member of the California Regional Water Quality Control Board, Lahontan Region. (13)

From Gary Wesley, regarding proposed new fluoridation facility in the East Bay. 3 Letters (14)

From Health Commission, regarding universal healthcare coverage for uninsured San Franciscans. Copy: Each Supervisor (15)

From Civil Service Commission, submitting annual report for fiscal year 1999/00. (16)

From Real Estate, commenting that information requested by Supervisor Newsom was provided verbally to his staff January 4, 2001, with the understanding that a verbal response satisfied his inquiry. (Reference No. 20001218-001) (17)

From Office of the Treasurer & Tax Collector, regarding information relevant to the number of server farms or telecom hotels located in the City. (Reference No. 20010129-007) Copy: Supervisor Maxwell (18)

From California Legislature, submitting notice of hearing addressing the question of how California should respond to the challenge of rapid growth (housing and transportation) to be held in the City of Mountain View, City Hall on February 28 from 3 to 6 p.m. Copy: Each Supervisor (19)

From Department of Building Inspection, submitting request for an increase in salaries and benefits package for all engineers and inspectors in San Francisco. Copy: Each Supervisor (20)

From Raymond Willis, submitting a brief summary regarding the Sunshine Ordinance Task Force referral to the Board of Supervisors requesting Attorney General’s advisory opinion on termination of Dawn Clements from the MBE/WBE/LBE Special Advisory Committee. (21)

From Youth Commission, submitting support for proposed legislation urging the Department of Public Health to calculate the amount of money spent annually on uninsured children residing in the City of San Francisco. File 010169 (22)


From Youth Commission, submitting support for proposed legislation urging the San Francisco Unified School District to consider every alternative to using Eucalyptus Drive and 25th Avenue as routes of entrance and exit for construction and delivery vehicles during the construction of the new Science/Academic wing at Lowell High School. File 010165 (23)

From Youth Commission, submitting support for proposed legislation urging the San Francisco Unified School District to make the rebuilding of Parkside School a top priority. File 010172 (24)

From Department of Human Services, submitting second report regarding the activities of the CalWORKS Oversight Committee. (25)

From Office of the Controller, submitting report concerning the financial audit of the Statement of Cash and Investments of the Office of the Treasurer and Tax Collector for the quarter ended September 30, 2000. (26)

From Employees’ Retirement System, submitting Certification of the Employees’ Retirement Board Election held from January 17 - 31, 2001. 2 letters (27)

From Port, submitting the monthly Storm Water Management Report submitted on January 31, 2001 to the Regional Water Quality Control Board. (28)

From SF Environment, submitting an amended version of the Department’s analysis of Muni’s staff report on California Air Resources Board transit bus emissions regulations. Copy: Each Supervisor (29)

From Delinquency Prevention Commission, submitting notice that Trina De Joya is now delinquent in her duties as Commissioner for Seat No. 9, to the Delinquency Prevention Commission due to excess absences as outlined in the bylaws. Rules Committee (30)

From William Martorana, submitting support for the enactment of Proposition N, controls on rental conversions, on the November 2000 General Election in San Francisco. (31)

From Department of Parking and Traffic, regarding installation of a Stop sign at 17th Avenue and Rivera Street. File 002113 (32)

From Gail Lindlow, submitting support for continued funding of the Neighborhood Emergency Response Team (NERT) program conducted by the San Francisco Fire Department. (33)

From various signators, submitting Form 700 Statement of Economic Interests: (34)
Nichole Truax
William Barnes
Harvey Rose
Frank Darby
Erasmo Vazquez
Jenny Lam

From Helen’s Family Day Care, submitting valentines to all the Board of Supervisors in appreciation of all their support. Copy: Each Supervisor (35)

From San Francisco Tomorrow, submitting support for passage of "Santa Clara BART Buy In" (Geary Street light rail line). File 010228 Copy: Each Supervisor (36)

From State Department of Health Services, submitting forms and instructions necessary for completing the NDSHR Fund Balance Report for fiscal year 1999/00. (37)

From State Department of Health Services, submitting guidelines and forms for the submission of the County Health Services Report of Actual Financial Data for fiscal year 1999/00. (38)

From Jazherah MacMornna, commenting on the serious crime problems in the Tenderloin district of San Francisco. (39)

From District Six Coalition, submitting notice of press conference regarding deferred maintenance that many tenants have endured for years living in four AIMCO-owned developments, on February 13, at 2:15 p.m. at 35 Lillian Street, (business office of AIMCO properties). Copy: Each Supervisor (40)

From Sandy Close, submitting notice of "EXPO of Ethnic Media" at the Masonic Auditorium, on February 15th, starting at 9 a.m. Copy: Each Supervisor (41)

From Steven Bayt, submitting support for the national print media to make February 17th Randy Shilts Memorial AIDS test day. 2 letters (42)

From SF Gate News, regarding the energy crisis in California. (43)

From Fire Department, submitting annual inspection of Sheriff’s Department, County Jail #9 at 425 7th Street. (44)

From Recreation and Park Department, regarding illegal employment procedures at the Recreation and Park Department. Copy: Mayor, City Attorney, Department of Human Resources (45)

From Keith Saggers, submitting suggestions for the improvement of Market Street. (46)

From Tish Brown, submitting press release announcing the "celebration of the genius of Henri Toulouse-Lautrec" at California Palace of the Legion of Honor, April 21st from 11 a.m. to 3 p.m. (47)

From St. Brigid’s Catholic School, submitting appreciation to the many people who work to make our city and their school better. Copy: Each Supervisor (48)

From Commission of Animal Control and Welfare, regarding aggressive dogs in public areas of San Francisco and in the common areas of privately or commercially owned properties in San Francisco. Copy: Each Supervisor (49)

From Joseph Porcoro, submitting opposition to the proposal to locate the Day Labor Program in the facilities at 3120 Mission Street. (50)

From Department of Public Works, submitting request for release of reserved funds for overtime and a portion of the funding for 60 new general laborer positions. (51)

From BART, regarding BART/MUNI Fast Pass reliability in BART faregate machines. (Reference No. 20000925-002) Copy: Supervisor Ammiano (52)

From Fredrick Hobson, submitting copy of letter sent to the Chair of the Animal Control and Welfare Commission encouraging her to obtain a copy of the San Francisco Sunshine Ordinance of 1999 and the Ralph Brown Public Meetings and Records Act of the State of California. (parcel fax received) (53)

From Department of Public Health, submitting names of the San Francisco participants for the one-day Substance Abuse and Crime Prevention Act workshop scheduled for March 2001. (54)

From Office of the Treasurer, submitting activities of portfolio during the past seven months, the results reflect earnings of pooled and the total funds, some of which have been severely restricted by arbitrage regulations. (55)

From United States Department of the Interior, responding to inquiries regarding discretionary enforcement of the existing federal regulation requiring all pets to be on leash where permitted in national park areas and that the park would explore options for managing off-leash use in a more formal manner, and would consult with stakeholder groups involved in this issue. Files 20010129-005 and 200101116-006, Copy: Supervisors Leno, Newsom (56)

From concerned citizens, commenting on different ways to control dogs in public places. 6 Letters (57)

From concerned citizens, regarding the Municipal Utility District proposal. Files 002110, 002111 (58)

From Mayor’s Office of Homelessness, regarding participation in the 2001 Combined Charities Drive. (59)

From concerned citizens, submitting a Valentine’s Day greeting to the Board of Supervisors. 4 cards (60)

ADJOURNMENT

Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying. Thus applause and booing are both contrary to Board requirements. The ringing and use of cell phones, pagers and similar sound-producing electronic devices is prohibited. Violators may be removed from the meeting room. The Board does not permit signs to be brought into the meeting or displayed in the room.
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.ci.sf.ca.us/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are televised on channel 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 by the Clerk of the Board of Supervisors at least 48 hours before the meeting. For meetings on a Monday or a Tuesday, the request must be made by noon of the last business day of the preceding week.

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: #42 Downtown Loop, 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.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting:
For American Sign Language interpreters, use of a reader during a meeting, or sound enhancement system, contact Violeta Mosuela at (415) 554-7704.
For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
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. Please help the City to accommodate these individuals.

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 more 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 Clerk of the Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna_Hall@ci.sf.ca.us
Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.ci.sf.ca.us/bdsupvrs/sunshine.htm

Last updated: 11/19/2013 8:17:21 AM