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October 29, 2001

Full Board Agendas
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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
Monday, October 29, 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

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 8

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

1. 011780 [Settlement of Lawsuit]
Ordinance authorizing settlement of the attorneys’ fees and costs in the matter of Tayac v. City and County of San Francisco for $99,500.The lawsuit was filed on September 26, 1995, in United States District Court, Case No. C95-3424 CAL; entitled Tayac v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Neighborhood Services and Parks Committee
Present: Supervisors Yee, Hall, Sandoval

2. 011556 [Acceptance of Street for Maintenance]
Ordinance accepting for purposes of maintenance Peters Avenue, subject to specified limitations, pursuant to California Streets and Highways Code Section 1806, San Francisco Administrative Code Section 1.52, and Department of Public Works Order No. 173,091. (Public Works Department)
(District 9)

10/22/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

3. 011771 [Recurring FY2001-2002 State grant funds to the Department of Public Health from the California Department of Health Services]
Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for FY 2001-2002. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

4. 011789 [State Grant - Department of the Environment] Mayor
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of up to $300,000 from the California Integrated Waste Management Board for the purpose of increasing used motor oil recycling and household hazardous waste management. (Mayor)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee
Present: Supervisors Gonzalez, Hall

5. 010518 [Appointment]
Resolution appointing Maria Guadalupe Arreola, term ending August 20, 2003, and Maggie Davis, Michelle Horneff, and Lisa Block, terms ending August 20, 2005, to the Lead Poisoning Prevention Citizens Advisory Committee, residency requirement waived.
Maria Guadalupe Arreola (residency requirement waived), succeeding Francisco Casique, resigned, seat 3, must represent a tenant organization, for the unexpired portion of a four-year term ending August 20, 2003;
Maggie Davis (residency requirement waived), succeeding Maggie Davis-Badger, term expired, seat 7, must represent the Mayor’s Office of Housing and Child Care, for a new four term ending August 20, 2005;
Michelle Horneff, succeeding herself, term expired, seat 14, must have expertise in real estate, for a new four-year term ending August 20, 2005;
Lisa Block, succeeding Octavia Jolley, term expired, seat 15, must have expertise in environmental matters, for a new a four-year term ending August 20, 2005.

Question: Shall this Resolution be ADOPTED?

6. 011235 [Appointment]
Resolution appointing Juan Berumen, term ending June 6, 2003, and Neyde Azevedo, term ending June 6, 2002, to the Immigrant Rights Commission.
Neyde Azevedo, succeeding Marie-Lorraine Mallare, Seat 2, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2002;
Juan Berumen, succeeding Samuel Assefa, Seat 11, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter.In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2003.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Gonzalez, Hall, Ammiano

7. 011402 [Appointment]
Resolution appointing Steven Polevei, Alan Gelb, Rebecca Goldfader, Abbie Yant, Andrew Bindman, Ronald Smith, George Susens, Michael Puccinelli, Kym Valadez, and Alissa Riker, terms to be determined, to the Emergency Room Diversion Task Force, residency requirement waived.
Steven Polevei, new position, seat 2, must be an emergency room physician from the Emergency Physicians Association, term to be determined;
Alan Gelb (residency requirement waived), new position, seat 3, must be an emergency room physician from the San Francisco General Hospital, term to be determined;
Rebecca Goldfader, new position, seat 4, must be a nurse manager from a community hospital, term to be determined;
Abbie Yant, new position, seat 5, must be a nurse manager from a community hospital, term to be determined;
Andrew Bindman, new position, seat 6, must be a primary care specialist physician from the San Francisco General Hospital, term to be determined;
Ronald Smith, new position, seat 7, must represent the Hospital Council, term to be determined;
George Susens, new position, seat 8, must be a representative of the San Francisco Medical Society, term to be determined;
Michael Puccinelli, new position, seat 9, must be a representative of the San Francisco Police Department, term to be determined;
Kym Valadez (residency requirement waived), new position, seat 11, must represent a community based organization that serves the homeless and/or uninsured population, term to be determined;
Alissa Riker, new position, seat 12, must represent a community based organization that serves the homeless and/or uninsured population, term to be determined.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Gonzalez, Hall

8. 011831 [Appointment]
Resolution appointing Marcia Argyris, term ending May 15, 2002, Diane Burke, John Wilson, Joyce Miller, Janine Charise Grantham, and Bob Nelson, terms ending May 15, 2003, to the Local Homeless Coordinating Board, residency requirement waived.
Diane Burke, succeeding Michael Bennett, term expired, seat 1, must represent homeless or formerly homeless, for a new two year term ending May 15, 2003;
John Wilson, succeeding Joyce Miller, term expired, seat 2, must represent homeless or formerly homeless, for a new two year term ending May 15, 2003;
Joyce Miller, succeeding Ramona Benson, term expired, seat 3, must represent area of advocacy, for a new two year term ending May 15, 2003;
Janine Charise Grantham (residency requirement waived), succeeding Jennifer Grant, term expired, seat 5, must be a service provider, for a new two year term ending May 15, 2003;
Bob Nelson, succeeding Bob Nelson, term expired, seat 7, must be a service provider, for a new two year term ending May 15, 2003;
Marcia Argyris (residency requirement waived), new appointment, seat 10, must represent a Foundation, for a new two year term ending May 15, 2002.

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

Recommendations of the Economic Vitality, Small Business and Social Policy Committee
Present: Supervisors Sandoval, Newsom

9. 011667 [Liquor License Transfer, 1 Ferry Plaza, Pier 2]
Resolution determining that the transfer of a Type 51 on-sale general club license to the World Trade Club from World Trade Center #300 to its new address at No. 1 Ferry Plaza, Pier 2 (District 3), will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code.
10/22/2001, CONTINUED. Supervisor Peskin, seconded by Supervisor Leno, moved to continue to October 29, 2001.
Question: Shall this Resolution be ADOPTED?

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

10. 011561 [IHSS Contract Modification Approval - Addus Healthcare]
Resolution approving the retroactive modification of the contract between the City and County of San Francisco and Addus Healthcare for the provision of In-Home Supportive Services for the period from July 1, 2001 to January 31, 2002, in the increased amount of $4,182,526, for a total contract amount of $21,379,697. (Human Services Department)
(Fiscal impact.)
(Supervisor Gonzalez dissenting in Committee)

10/22/2001, CONTINUED. Supervisor Leno, seconded by Supervisor McGoldrick moved to continue to October 29, 2001.
Question: Shall this Resolution be ADOPTED?

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

11. 011567 [Changing the definition of a truck in the Traffic Code to limit the use of special truck loading zones to bona-fide delivery vehicles]
Ordinance amending Sections 33.3 and 33.3.2 of the San Francisco Traffic Code, restricting the types of vehicles that may use Truck Loading Zones and Special Truck Loading Zones in parking bays along Market Street between Steuart and Octavia Streets to those with at least six wheels. (Parking and Traffic Department)
10/22/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

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

12. 011547 [Audit, Homeless Services] Supervisors Daly, Newsom
Motion requesting the Controller to prepare a management audit of the City’s homeless programs with the cooperation of the Budget Analyst.
Question: Shall this Motion be ADOPTED?

13. 011840 [Budget Analyst Update of 1994 on Homeless Population] Supervisors Newsom, Daly
Motion directing the Office of the Budget Analyst to update its 1994 Report on the cost of direct services provided to the homeless population in the City and County of San Francisco; the completion of this update is a priority assignment.
10/15/2001, REFERRED to Audit, Labor and Government Efficiency Committee. Supervisor Daly, seconded by Supervisor Newsom moved to refer to Committee.
Question: Shall this Motion be ADOPTED?

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

14. 011678 [Appropriation, Ethics Commission] Supervisor Leno
Ordinance re-appropriating $34,947 of General Fund Proposition O funding for one position to perform investigations by the Ethics Commission for Fiscal Year 2001-2002, and amending Annual Salary Ordinance for Fiscal Year 2001-02.
(Companion measure to File 011679.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 011679 [Amending Annual Salary Ordinance 2001-02, Ethics Commission] Supervisor Leno
Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2001/02) reflecting the creation of one position at the Ethics Commission.
Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 011578 [Business and Tax Regulations Code Amendment] Supervisor Peskin
Ordinance amending the San Francisco Business and Tax Regulations Code by amending Article 1, Section 8(h), to provide that an appeal to the Board of Appeals of an action by the Zoning Administrator or Director of the Department of Building Inspection stopping work under or suspending an issued permit does not suspend the action pending the Board’s decision; providing that this ordinance shall apply retroactively to appeals filed on or after the date of introduction.
Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 011743 [Compensation for City Employee Called to Active Military Duty] Mayor
Ordinance amending the 2001-2002 Annual Salary Ordinance to entitle City officers or employees called to active duty with a military reserve organization to receive from the City the difference between the amount of the individual’s military pay and the amount the individual would have received as a City officer or employee had the individual worked his or her normal work schedule. (Mayor)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 011709 [Prevailing Wage]
Resolution fixing the highest general prevailing rate of wages, including wages for overtime and holiday work, for various crafts and kinds of labor as paid for similar work in private employment in the City and County of San Francisco at the rates certified to the Board by the Civil Service Commission on September 17, 2001. (Civil Service Commission)
Question: Shall this Resolution be ADOPTED?

19. 011733 [Water Pipeline and Easement Relocation]
Resolution authorizing the relocation of Crystal Springs Pipeline Numbers 1 and 2 within the City of South San Francisco along Bayshore Boulevard in accordance with a Water Supply Lines Relocation Agreement, and the subsequent transfer of easements. (Real Estate Department)
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

20. 011775 [Water Contract Amendments, Cities of East Palo Alto and Menlo Park]
Resolution approving contract amendments to water supply contracts between the San Francisco Public Utilities Commission and the Cities of East Palo Alto and Menlo Park (Public Utilities Commission)
Question: Shall this Resolution be ADOPTED?

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

21. 011520 [Expend DOC Beverage Container Recycling Payment]
Resolution authorizing the City Administrator to expend retroactively a $230,484 payment from the Department of Conservation (DOC) for fiscal year 2000/2001. (Administrative Services Department)
Question: Shall this Resolution be ADOPTED?

22. 011829 [Grant - Substance Abuse Services]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $1,105,000 from the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Center for Substance Abuse Treatment (CSAT), for the period of August 1, 2001, to July 31, 2002. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

23. 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.

24. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee.Members of the public may address the Board for up to three minutes.Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit.If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to

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

Items 25 through 40

25. 011754 [Community Courts Working Group] Supervisors Newsom, Daly, McGoldrick
Resolution creating a Community Courts Working Group to be comprised of various stakeholders with the charge of making recommendations to the Mayor and the Board of Supervisors and setting forth the membership and duties of the working group.
10/1/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
10/9/2001, CONTINUED. Supervisor Gonzalez moved to continue to October 15, 2001.
10/15/2001, CONTINUED. Supervisor Newsom moved to continue to October 29, 2001.
Question: Shall this Resolution be ADOPTED?

26. 011853 [Lifeline Transit Network] Supervisor Leno
Resolution supporting the creation of a regional lifeline transit network, urging the Metropolitan Transportation Commission (MTC) to complete the Lifeline Transit Network and fully fund its implementation in the Regional Transportation Plan (RTP) and urging MTC to adopt lifeline transportation measures for projects proposed for the Regional Transit Expansion Program (RTEP).
10/15/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
10/22/2001, CONTINUED. Supervisor Sandoval, seconded by Supervisor Maxwell moved to continue to October 29, 2001.
Question: Shall this Resolution be ADOPTED?

27. 011911 [Runoff Absentee Ballot] Supervisor Gonzalez
Resolution urging the California State Legislature to amend State election law so that persons requesting absentee ballots for the general election will also receive absentee ballots for the resulting runoff election.
10/22/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 011912 [Disaster Preparedness Testing] Supervisor Leno
Resolution urging the San Francisco Department of Emergency Communications and the Office of the Mayor to institute an interdepartmental disaster preparedness test, and further urging the Association of Bay Area Governments to begin similar intergovernmental disaster preparedness testing.
10/22/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 011913 [City Hall Caf