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November 19, 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
Monday, November 19, 2001
2:00 PM

Regular Calendar


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 October 1, 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 11

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

1. 011876 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by A. Ruiz Construction Company against the City and County of San Francisco for $200,000.00; the lawsuit was filed on July 10, 2000, in San Francisco Superior Court, Case No. 312-041; entitled A. Ruiz Construction Company v. City and County of San Francisco. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

2. 011877 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by 111 Chestnut Street Condominium Homeowners Association, 220 Lombard Street Condominium Homeowners Association, 240 Lombard Street Condominium Homeowners Association, Lombard Plaza Owners Association, associations representing property owners of the Parc Telegraph development, against the City and County of San Francisco for $41,500, monitoring services of Frank Rollo, Sr., and debris removal; the lawsuit was filed on November 13, 1997 in the Superior Court of San Francisco, Case No. 991-050; entitled 111 Chestnut Condominium Homeowners Association, et al v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

3. 011904 [Settlement Of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco and the Environmental Law Foundation against the United States Tobacco Company, other manufacturers of smokeless tobacco products, and major retail chains that sell smokeless tobacco in California, for $2,750,000; the lawsuit was filed on March 31, 1998 in San Francisco Superior Court, Case No. 993-992; entitled City and County of San Francisco and Environmental Law Foundation v. United States Tobacco Co., et al.; other material terms of said settlement are that the smokeless tobacco manufacturers shall distribute warning signs required by Proposition 65 to their retailers throughout the state, and that the retailer defendants shall post those signs. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

4. 011902 [Settlement of Claim]
Resolution approving the settlement of the unlitigated claim filed by Luis Lazaro against San Francisco for $30,000; claim was filed on 06-16-2000; additional material terms of said settlement are the signing of full and final release, minor compromise and dismissal of the City and County of San Francisco. (City Attorney)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance Committee
Present: Supervisors Leno, Peskin

5. 011899 [Contracting for Security Services, Office of Contract Administration, Central Shops Division]
Resolution concurring with the Controller’s certification that security services can be practically performed by private contractor for lower cost than similar services performed by City and County employees. (Purchaser)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Leno, Peskin, Gonzalez

6. 011938 [Contracting out Shelter and Intake Services]
Resolution concurring with the Controller’s certification that intake and shelter services to status offenders can be practically performed by private contractor for lower cost than similar services performed by City and County employees. (Juvenile Probation Department)
Question: Shall this Resolution be ADOPTED?

7. 011947 [Accept-Expend Federal Grant]
Resolution authorizing the Airport Commission to accept retroactively and expend a grant in the amount of $15,435,276.00 from the Federal Aviation Administration for assistance in projects under the Airport Improvement Program (A.I.P. 15). (Airport Commission)
Question: Shall this Resolution be ADOPTED?

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

8. 011872 [Stop Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
25th and Church Streets, northeast and southwest corners, stopping Church Street (makes this an all-way STOP)
41st Avenue and Judah Street, northeast and southwest corners, stopping Judah Street (makes this an all-way STOP)
Fairmount and Whitney Streets, northwest and southeast corners, stopping Whitney Street (making this intersection an all-way STOP)
Revere Avenue and Bay View Street, northwest corner, stopping southbound Revere Avenue (stops the stem of this T-intersection)
San Carlos and Sycamore Streets, southwest corner, stopping San Carlos Street (stops the stem of this T-intersection)

STOP SIGNS - RESCIND
Lincoln Way and 3rd Avenue, southeast corner, stopping northbound 3rd Avenue (Parking and Traffic Department)
(DPT Order No. 2321.)

Question: Shall this Resolution be ADOPTED?

9. 011873 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

CROSSWALK CLOSURE - ESTABLISH
Lincoln Way and 3rd Avenue, west side, crossing 3rd Avenue (unmarked crosswalk to be officially closed)

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
Lincoln Way, south side, from 4th Avenue to a point 100 feet west of 3rd Avenue

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Lincoln Way, south side, between 3rd and 4th Avenues
Bryant Street, south side, from Beale Street to 100 feet westerly (100-foot zone)
Masonic Avenue, east side, from Frederick Street to 53 feet northerly (53-foot zone)

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
3rd Street, west side, from 25th Street to 198 feet northerly (198-foot zone)
3rd Street, west side, from 25th Street to 202 feet southerly (202-foot zone)
3rd Street, east side, from 60 feet to 139 feet north of Cesar Chavez Street (79-foot zone)

NO LEFT TURN - ESTABLISH
3rd Street, southbound, at Burke Avenue

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
3rd Street, both sides, between Evans and Fairfax Avenues
3rd Street, east side, between Innes Avenue and Newhall Street (traffic island)
3rd Street, east side, from 35 feet to 80 feet north of Jerrold Avenue (45-foot zone)
3rd Street, east side, from 90 feet to 125 feet south of Fairfax Avenue (35-foot zone)
3rd Street, east side, opposite Bancroft Avenue (across from the stem of this T-intersection)
3rd Street, west side, between Newhall Street and Kirkwood Avenue (traffic island)
3rd Street, west side, opposite Donner Avenue (across from the stem of this T-intersection)
3rd Street, west side, opposite Underwood Avenue (across from the stem of this T-intersection)

NO LEFT TURN - ESTABLISH
3rd Street, northbound, at Quesada Avenue
3rd Street, northbound, at Thornton Avenue

NO RIGHT TURN ON RED - ESTABLISH
3rd Street, southbound, at Revere Avenue / Bay View Street

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
3rd Street, west side, from 47 feet to 75 feet south of Hudson Avenue (28-foot zone)
3rd Street, west side, from 74 feet to 110 feet south of Yosemite Avenue (36-foot zone)
3rd Street, west side, from Galvez Avenue to a point 83 feet south of Fairfax Avenue (130-foot zone)
3rd Street, west side, from Innes Avenue to 60 feet northerly (60-foot zone)
3rd Street, west side, from Kirkwood Avenue to 35 feet northerly (35-foot zone along sidewalk bulb) (Parking and Traffic Department)
(DPT Order No. 2321.)

Question: Shall this Resolution be ADOPTED?

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

10. 011493 [Federal grant for Clean Air Program] Supervisor Leno
Resolution authorizing the Department of Environment and Department of Administrative Services to accept and expend a grant in the amount of $150,000 from the United States Department of Energy (DOE) for the purpose of providing rebates to subsidize the purchase of alternative fuel vehicles. (Administrative Services Department)
Question: Shall this Resolution be ADOPTED?

11. 011936 [Grant - HIV/AIDS confidential counseling and testing]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $175,000 from the California Family Health Council, Inc. (CFHC), to enhance and expand HIV/AIDS confidential counseling and testing services in family planning agency clinics and to enter into an agreement for the use of these funds; for the period of September 1, 2001, through August 31, 2002. (Public Health Department)
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 Neighborhood Services and Parks Committee
Present: Supervisors Yee, Hall, Sandoval

12. 010589 [Prohibit alcohol consumption on park property without a permit] Supervisors Maxwell, Newsom
Ordinance amending Article 4 of the San Francisco Parks Code, by amending Section 4.10 to add Alice Chalmers Playground, Bayview Playground, Bernal Playground, Buchanan Street Mall, Cayuga Playground, Franklin Square, Gilman Playground, Holly Park, Juri Commons Mini Park, Lessing Sears Mini Park, McKinley Square, Mission Dolores Park, Silver Terrace Park, Sunnyside Conservatory, Upper Noe Recreation Center, Wawona Clubhouse and Youngblood Coleman Playground to the locations in which alcohol consumption is prohibited without a permit.
11/13/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

13. 011782 [Underground District in the Mission Bay Area]
Ordinance creating Underground District No. 358 in the Mission Bay Area. (Public Works Department)
(District 10)
(Supervisor Sandoval dissenting in Committee.)

11/13/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

14. 011783 [Modifying Underground District No. 355]
Ordinance amending Ordinance No. 333-99 to redefine Underground District No. 355 in the Third Street and Bayshore Boulevard area by adding certain property thereto. (Public Works Department)
(District 10)
(Supervisor Sandoval dissenting in Committee.)

11/13/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

15. 011450 [Restructuring Delinquency Prevention Commission] Supervisor Yee
Ordinance amending San Francisco Administrative Code Sections 20.50, 20.51, and 20.52 to restructure the Delinquency Prevention Commission to reduce the number of members, provide for one commissioner appointment by each individual Supervisor on the Board of Supervisors, establish minimum educational background or experience criteria for appointment, provide for two members between the ages of 14 and 21 years of age, and require that the Department of Children, Youth and Their Families provide staff and administrative support.
11/13/2001, CONTINUED. Continued to November 19, 2001.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Board of Supervisors Sitting as a Committee of the Whole

16. 012001 [Appointments of members to the Planning Commission, the Board of Appeals and the Building Inspection Commission] Supervisor McGoldrick
Charter Amendment (Second Draft) to amend Sections 4.105, 4.106, 4.121 and 15.105 to provide that appointments of members to the Planning Commission, the Board of Appeals and the Building Inspection Commission shall be shared by the Mayor and the Board of Supervisors, and to provide that these appointed members may only be removed for official misconduct.
11/5/2001, CONTINUED. Prepared in Board as a Charter amendment. Continued to November 13, 2001. Board to sit as a "Committee of the Whole". COMMITTEE OF THE WHOLE RISE AND REPORT WITHOUT RECOMMENDATION
11/13/2001, AMENDED. 11/13/01 -Supervisor Peskin, seconded by Supervisor Leno moved to amend. In Section 4.105, 4.106 and Section 4.121 add the following: "Each nomination of the Mayor and the President of the Board of Supervisors is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nomiee shall be deemed approved."
11/13/2001, CONTINUED AS AMENDED. Continued to November 19, 2001. Board of sit as a Committee of the Whole.
Question: Shall this Charter Amendment be SUBMITTED?

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

17. 010964 [Appointments to the Planning Commission and the Board of Appeals] Supervisors McGoldrick, Gonzalez, Ammiano, Hall, Daly, Maxwell, Sandoval, Peskin
Charter amendment (Third Draft) to amend Section 4.105 and 4.106 to provide that appointments to the Planning Commission and the Board of Appeals shall be shared by the Mayor and the Board of Supervisors.
11/5/2001, CONTINUED. Continued to November 13, 2001.
11/13/2001, AMENDED. 11/13/01 - Supervisor Leno, seconded by Supervisor Newsom moved to amend. In Section 4.105 and Section 4.106 add the following: "Each nomination of the Mayor and the President of the Board of Supervisors is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nomiee shall be deemed approved.
11/13/2001, CONTINUED AS AMENDED. Continued to November 19, 2001. Board to sit as a Committee of the Whole.
Question: Shall this Charter Amendment be SUBMITTED?

NEW BUSINESS

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

18. 011843 [MOU - Fighters, Local 798, Unit 1] Mayor, Supervisor Daly
Ordinance adopting and implementing the provisions of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO Unit 1 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 011868 [MOU - Fire Fighters, Local 798, Unit 2] Mayor, Supervisor Daly
Ordinance adopting and implementing the provisions of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO Unit 2 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

20. 011794 [Arts Commission Street Artists Fund - Accumulation of Interest] Supervisor Ammiano
Ordinance amending the San Francisco Administrative Code by amending Section 10.100-32 to expressly allow for accumulation of interest on any amount deposited in the Arts Commission Street Artists Fund.
Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 011848 [New Deadline for Submission of Budget to Board of Supervisors] Supervisors McGoldrick, Daly
Ordinance amending Administrative Code Section 3.3 to (1) require the Mayor to submit a preliminary budget to the Board of Supervisors by the first working day of April 2002 for the 2002-2003 fiscal year; (2) require that the existing timetable for submission of the budget expire on December 31, 2002, and (3) state the intention of the Board of Supervisors to approve a new timetable for subsequent fiscal years by not later than September 30, 2002.
(Supervisor Gonzalez dissenting in Committee)

Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 011934 [Amending Administrative Code to increase the cash revolving fund for Public Health]
Ordinance amending Section 10.154 of the San Francisco Administrative Code increasing the cash revolving account for Public Health from $25,000 to $43,000. (Public Health Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 011946 [Accept-Expend Federal Grant]
Resolution authorizing the Airport Commission to accept and expend a grant in the amount of $2,000,000.00 from the Federal Aviation Administration (FAA) for acquisition of clean air vehicles and infrastructure, and related technical assistance; placing $100,000 on reserve. (Airport Commission)
Question: Shall this Resolution be ADOPTED?

24. 011964 [Agreement to Sell Property on Wilder Street, Glen Park] Supervisor Leno
Resolution approving and authorizing an agreement with Glen Park Marketplace Phoenix, LLC, for the sale of real property located on Wilder Street in Glen Park, for a purchase price of $285,000; finding that competitive bidding is impractical or impossible; adopting findings that the conveyance is exempt from Environmental Review and is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution.
Question: Shall this Resolution be ADOPTED?

From Finance Committee Without Recommendation
Present: Supervisors Leno, Peskin, Gonzalez

25. 011870 [Settlement of Business Tax Lawsuit]
Ordidnance authorizing settlement of the lawsuit filed by Morgan Stanley Dean Witter & Co. Inc. versus the City and County of San Francisco by payment of a total amount not to exceed $1,200,000.00; the lawsuit was filed on June 22, 2001 in San Francisco Superior Court, Case No. 322-341, entitled Morgan Stanley Dean Witter & Co. Inc., et. al. v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year and plaintiffs shall not file any claims for refunds pursuant to Section 1021 of Article 12B of the San Francisco Business and Tax Regulations Code. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY

Existing Litigation - City as Defendant

Motion that the Board of Supervisors convene in closed session with the City Attorney, under the provisions of Government Code Section 54956.9 (a) and Administrative Code Section 67.8 (3), for the purpose of conferring with, or receiving advice from, the City Attorney, regarding the proposed settlement listed above.
Question on adoption?

After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above.

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

26. 011562 [Structural Repair of Damaged Buildings]
Ordinance amending Volume 2, Chapter 16, Section 1605.4.3 of the San Francisco Building Code to clarify that damaged buildings will not have to be brought up to 100 percent compliance with current seismic requirements when repaired. (Building Inspection Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 011181 [Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations.
RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
23rd Street, both sides, between Dolores Street and San Jose Avenue (3500 and 3600 blocks);
24th Street, both sides, between Dolores Street and San Jose Avenue (3500 and 3600 blocks);
25th Street, both sides, between Dolores Street and San Jose Avenue (3600 and 3700 blocks);
26th Street, both sides, between Dolores Street and San Jose Avenue (3600 and 3700 blocks);
27th Street, both sides, between Guerrero and Sanchez Streets (100, 200 and 300 blocks);
27th Street, south side, between Guerrero Street and San Jose Avenue (Unit block);
Alvarado Street, both sides, between Guerrero Street and San Jose Avenue (Unit block);
Cesar Chavez Street, both sides, between Church and Guerrero Streets (3700 and 3800 blocks);
Clipper Street, both sides, between Church and Dolores Streets (Unit block);
Dolores Street, both sides, between 24th and 26th Streets (1100 and 1200 blocks);
Duncan Street, both sides, between Church and Guerrero Streets (100 and 200 blocks);
Elizabeth Street, both sides, between Guerrero and San Jose Streets (Unit block);
Fair Oaks Street, both sides, between 22nd and 26th Streets (100, 200, 300, and 400 blocks);
Guerrero Street, both sides, between 22nd and 28th Streets (1000, 1100, 1200, 1300, 1400, and 1500 blocks);
Juri Street, both sides, between San Jose Avenue and West Terminus (Unit block);
San Jose Avenue, both sides, between 22nd and 26th Streets (Unit, 100, 200, and 300 blocks) (Parking and Traffic Department)
(DPT Order No. 2225.)
(Supervisor Daly dissenting in Committee.)

Question: Shall this Resolution be ADOPTED?

28. 011874 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

DIAGONAL (60-DEGREE ANGLE) PARKING - ESTABLISH
NO PARKING ANYTIME, EXCEPT DPT ENFORCEMENT VEHICLES - ESTABLISH
10th Street, east side, from Bryant Street to 250 feet southerly (250-foot zone)

NO PARKING ANYTIME - ESTABLISH
Cook Street, along north terminus, north of Geary Boulevard, from the west curb line to 23 feet easterly (23-foot zone, adjacent to Euclid Avenue stairs)

ONE-HOUR PARKING TIME LIMIT, NOVEMBER THROUGH MARCH, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - RESCIND
2nd Street, west side, from Townsend Street to 105 feet southerly (105-foot zone, to be replaced by taxi zones)

TAXI ZONE (EFFECTIVE ON PACIFIC BELL PARK EVENT DAYS ONLY) - RESCIND
2nd Street, west side, from 9 feet to 42 feet south of Townsend Street (33-foot zone)

TAXI ZONE (EFFECTIVE ON PACIFIC BELL PARK EVENT DAYS ONLY) - ESTABLISH
2nd Street, west side, from 9 feet to 105 feet south of Townsend Street (96-foot zone)

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Duboce Avenue, north side, from Steiner Street to 23 feet westerly (23-foot zone, accommodating 6 motorcycle stalls)

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Channel Street, south side, from Carolina Street to 140 feet easterly (140-foot zone)
Channel Street near Carolina Street, along the west side of the fence crossing Channel Street, from the south property line of Channel Street to 110 feet northerly (110-foot zone)
Custer Avenue, both sides, between 3rd and Quint Streets

NO PARKING ANYTIME - RESCIND
Hallam Street, west side, from Brush Street to the south terminus

RESIDENTIAL PERMIT PARKING AREA "U" (1-HOUR TIME LIMIT, 8 AM - 10 PM, EVERYDAY) - ESTABLISH
Hallam Street, both sides, between Folsom Street and south terminus (unit block)
NOTE: Signs will only be installed on the west side, between Brush Street and the south terminus

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Shrader Street, west side, between Alma and Grattan Streets (1200 block, odd-numbered side only)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Clearfield Drive, east side, from Sloat Boulevard to 40 feet southerly (40-foot zone)
Shakespeare Street, south side, from 151 feet to 176 feet west of Rhine Street (25-foot zone opposite #120 Shakespeare Street, eliminates 1 parking space) (Parking and Traffic Department)
(DPT Order No. 2321.)

Question: Shall this Resolution be ADOPTED?

29. 011963 [Plaza Hotel Site Development] Supervisors Daly, Peskin, Gonzalez, Ammiano, McGoldrick
Resolution supporting expeditious community-based development at the Plaza Hotel Site at 988-992 Howard Street in the South of Market earthquake recovery redevelopment area by TODCO with 115 units of new affordable housing and Bindlestiff Theater.
(District 6.)

Question: Shall this Resolution be ADOPTED?

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

30. 011880 [Contract funds for study of long-term effects of HIV infection] Supervisor Leno
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $69,799 with Public Health Foundation Enterprises Inc. (PHFE), the primary contractor, to fund a study of HIV Strain Diversity and Nonprogressors; for the period of July 1, 2001 to June 30, 2002. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Maxwell, Yee, Leno

31. 011882 [Study of Viagra Use Among Men Who Have Sex With Men in San Francisco]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into a subcontract agreement in the amount of $25,000 with the Regents of the University of California to participate in a project to study the use of Viagra among men who have sex with men in San Francisco; for the period of July 1, 2001 to June 30, 2002. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

32. 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.

33. 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

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.

34. 012072 [Legislative Analyst Request] Supervisor Daly
Motion requesting the Legislative Analyst to: (1) investigate and report on San Francisco’s existing policies and expenditures related to independent living of seniors and persons with disabilities; (2) investigate and report on policies in other jurisdictions; and, (3) recommend policy approaches to foster independent living in San Francisco for seniors and persons with disabilities.
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 35 through 45

35. 012045 [Modern Times Bookstore] Supervisor Ammiano
Resolution condemning the intolerant defacement of windows at Modern Times Books while displaying books of Middle Eastern themes and symbolism.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 012047 [Urging Passage of HR1990 and S940] Supervisors Leno, Maxwell, McGoldrick
Resolution urging the U.S. Congress to begin committee hearings and to enact HR1990 and S940, the Act to Leave No Child Behind.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 012048 [Sail San Francisco Day] Supervisors Peskin, Newsom
Resolution declaring August 28, 2002 as Sail San Francisco Day in the City and County of San Francisco, in support of an organization that advances San Francisco’s rich maritime legacy and provides a public forum for international cultural exchange and unique educational experiences.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 012049 [Matricula Consular as Official Identification] Supervisors Sandoval, Gonzalez
Resolution urging the San Francisco Police, Sheriff and other local agencies to recognize the "matricula consular," issued by the Mexican government, as official identification in the City and County of San Francisco.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 012050 [Commend - Congresswoman Nancy Pelosi] Supervisors Leno, Newsom, Maxwell, McGoldrick
Resolution commending Congresswoman Nancy Pelosi on her tremendous contributions to improve the health of San Francisco.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 012051 [Commend - Reuben Smith] Supervisor Maxwell
Resolution commending Reuben Smith for his 38 years of dedication and exemplary service to the Hunter’s Point Boys and Girls Club to the Bay View Hunter’s Point Community.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 012052 [Commend - Wells Fargo Bank] Supervisor Sandoval
Resolution commending Wells Fargo Bank’s outreach to the Hispanic community by accepting identification cards issued by the Mexican government for new account openings and banking transactions.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 012053 [Commend - Reverend Roland Gordon] Supervisor Sandoval
Resolution commending Reverend Roland Gordon.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 012054 [Revenue Bonds - Robinson Affordable Housing, Inc.] Supervisor Maxwell
Resolution authorizing the issuance and sale of multifamily housing revenue bonds by California Statewide Communities Development Authority in an aggregate principal amount not to exceed $22,000,000 for Robinson Affordable Housing, Inc. or an affiliate.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 012055 [Revenue Bonds - Ridgeview Terrace Affordable Housing, Inc.] Supervisor Maxwell
Resolution authorizing the issuance and sale of multifamily housing revenue bonds by California Statewide Communities Development Authority in an aggregate principal amount not to exceed $17,000,000 for Ridgeview Terrace Affordable Housing, Inc. or an affiliate.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 011599 [Final Map for a 12 Unit Live/Work Condominium Project]
Motion approving Final Map of 188 South Park Avenue, a Live/Work Condominium Project, being a subdivision of Lot 71, Assessor’s Block No. 3775, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 173,249; District 6.)

11/8/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

46. 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 November 1 through noon on November 7, for reference by President to appropriate committee on November 19, 2001. None.

PROPOSED RESOLUTIONS
Proposed resolutions received from November 1 through noon on November 7, for reference by President to appropriate committee on November 19, 2001.

011842 [Grant for older adults at risk for institutionalization or emergency public services]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $985,000 from the California Department of Mental Health (CDMH) for the first year of the San Francisco City and County "Older Adult Partnership Assessment and Care Management" project to develop and implement an older adult system of care; for the period of Fiscal Year 2001 through Fiscal Year 2002. (Public Health Department)
11/9/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Department requests this item be calendared at the November 27, 2001 meeting.

012083 [Petitions and Communications]
Petitions and Communications received from November 8 through noon on November 14, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 19, 2001.

From Public Utilities Commission, submitting request for release of reserved funds ($25 million) to continue the purchase of electrical power for resale for the remainder of the fiscal year. (1)

From District Attorney, regarding placing of Type 1 advertisements in the newspaper. (Reference No. 20010924-030) Copy: Supervisor Leno (2)

From US Army Corps of Engineers, submitting public notice for a permit (from Vintage Enterprises) to place fill material into approximately 1.6 acres of wetlands and other waters of the United States to facilitate construction of the Wine Country Warehouses Project located on a 35.4-acre site located at 21760 Eighth Street, approximately three miles south of the Town of Sonoma. (3)

From Asian Art Museum, regarding placing of Type 1 advertisements in the newspaper. (Reference No. 20010924-062) Copy: Supervisor Leno (4)

From concerned citizens, submitting support for placing the Statue of Carlos III on Dolores Street near Mission Dolores. File 011225, 2 Letters (5)

From St. Luke’s Community Coalition, submitting press release regarding Supervisor Daly’s alleged actions and assertions at the November 8, 2001 Housing, Transportation and Land Use Committee. Copy: Each Supervisor (6)

From John Sweeney, submitting support for proposed Charter amendment regarding cost of living benefits for retirees. File 011659 (7)

From Shannon Seaberg, submitting opposition to both Municipal Utility District (MUD) propositions on the November 2001 ballot. (8)

From Community United Against Violence, submitting press release announcing the honoring of 3 outstanding women in a program titled "Women Making Waves" on November 15, 2001. (9)

From Gerald Kucherenko, regarding his experience with a library employee that reserves rooms at the San Francisco Main Library. (10)

From Office of Contract Administration, submitting notice of public hearing regarding the rules and regulations of implementing the San Francisco Minimum Compensation Ordinance on November 9, 2001 in City Hall, Room 408 from 9 a.m. to 12 noon. File 011585 (11)

From Rick Thurber, commenting on the increase in litter and graffiti in San Francisco. 10 Letters (12)

From concerned citizens, submitting support for the elimination of motorcycle tolls on the Golden Gate Bridge. 63 Letters (13)

From Office of the Controller, Audits Division, submitting report concerning the audit of the California Association for Health, Education, Employment and Dignity, Inc., a nonprofit corporation that receives funding from the City and County of San Francisco to provide childcare, health, and social services. (14)

From Department of Human Resources, regarding Memorandum of Understanding with various unions that adds a new section to Article III.E Additional Compensation which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. Files 010985, 010562, 010558, 010557, 010556, 010559N 010560 (15)

From John Jenkel, submitting newsletter entitled "The Center for the Preservation of Horses" dated November 12, 2001. (16)

From Department of Human Resources, submitting request for release of reserved funds in the amount of $15,260,220 for the Citywide Management Classification/Compensation Plan. Copy: Supervisors Peskin, Gonzalez, Leno (17)

From Sharon Hernandez, submitting copy of formal complaint against UNUM Life Insurance Company sent to the California Department of Insurance for denying her request for Long Term Disability Insurance. (18)

From State Department of Child Support Services, submitting general information on recently signed legislation related to child support services. (19)

From State Department of Health Services, submitting copy of the County’s fiscal year 2001/02 California Healthcare for Indigents Program/Rural Health Services Program Application. (20)

From Outer Mission Residents Association, commenting on the increase of homeless encampments in Crocker Amazon Park. Copy: Supervisors Sandoval, Yee (21)

From State Board of Equalization, regarding pending action by the State Board of Equalization on Rule 905 Assessment Electric Generation Facilities. (22)

From State Board of Equalization, regarding Property Tax Rule 305.3 Application for Equalization under Revenue and Taxation Code Section 469. (23)

From concerned citizens, submitting support to ban sale of animal fur in San Francisco. 3 Letters (24)

From The National Housing Trust Fund Campaign, submitting request for endorsement of the creation of a National Housing Trust Fund. (25)

From Department of Public Health, submitting Underground Storage Tank Unauthorized Release Leak/Contamination Site report. (26)

From Alliance for a Better District 6, requesting the Department of Elections provide a more efficient process of counting absentee ballots. (27)

From Art Simon, submitting opposition to proposal to make the last 23 feet of Cook Street a "No Parking Anytime" zone. File 011874 (28)

From Tenant Associations Coalition of San Francisco, submitting announcement of a Special Awards Ceremony for Tenant Leaders in low-income buildings on November 13, 2001 at 6 P.M. at 301 Eddy Street at Jones. Copy: Each Supervisor (29)

From Larry Loesch, commenting on his unpleasant experience trying to park his motorcycle at 2 different parking lots in Fisherman’s Wharf. Copy: Mayor (30)

From Bob Smith, commenting on the lack of response he received from Deputy Chief Heather Fong, Assistant Chief Earl Sanders and Commander Greg Suhr regarding his complaint against Commander Richard Hom. Copy: Police Chief Lau, Mayor (31)

From Planning Department, commenting on how the change in the Commission’s Order of Business has affected the public’s participation in the general Public Comment category of its regular meetings. (Reference No. 20010924-011) Copy: Supervisor McGoldrick (32)

From Office of Contract Administration, commenting that there is no citywide ordinance requiring departments to inform the Purchaser in advance of all Bids, RFPs or Solicitations. (Reference No. 20011015-011) Copy: Supervisor Sandoval (33)

From Department of Elections, regarding the status of the canvass of the election on November 6, 2001 concerning the proposed San Francisco-Brisbane Municipal Utility District. Copy: Each Supervisor (34)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review of the proposed Inclusionary Affordable Housing Ordinance. File 001262 (35)

From Department of Public Health, submitting information regarding the Department’s access to a tracking system that links documents between chronic disease and environmental health hazards. (Reference No. 20011015-002) Copy: Supervisor Maxwell (36)

From Lisa Roth, submitting support for proposed resolution that gives the community more control over Big Box stores in San Francisco. File 011798 (37)

From Jon Fisher, suggesting that a one week moratorium on the following: vehicle towing, parking tickets, construction and people committing traffic/street crimes would be a great media story that would increase spending within City limits to offset City losses in towing/construction revenue. Stiffer than normal penalties for those who committed traffic/street crimes would be imposed during the week acting as a deterrent. (38)

From Steve Keller, submitting letter entitled "U.S. House aide queries SF’s Klausner on quarantine. (39)

From Metropolitan Transportation Commission, submitting report regarding the status of the Bay Area Quality Management District "Ozone Attainment Plan" and efforts the Metropolitan Transportation Commission is taking to meet federal air quality standards. (Reference No. 20011009-011) Copy: Supervisor Sandoval (40)

From State Department of Child Support Services, submitting corrected copies of the charts recently released in conjunction with the Child Support Services (CSS) Letter No. 01-29, Repayment Sharing Ratios for Federal fiscal year 2002. (41)

From Department of Public Health, commenting on the formation of a Department of Homelessness to coordinate City services to homeless individuals. (Reference No. 20010924-003) Copy: Supervisor Ammiano (42)

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: 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.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 no later than noon the Friday before the meeting.
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.
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. The Clerk of the Board’s Office TTY number for speech-hearing impaired is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance
Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna_Hall@ci.sf.ca.us
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.ci.sf.ca.us/bdsupvrs/sunshine.htm

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, November 19, 2001
2:00 PM

Regular Calendar


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 October 1, 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 11

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

1. 011876 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by A. Ruiz Construction Company against the City and County of San Francisco for $200,000.00; the lawsuit was filed on July 10, 2000, in San Francisco Superior Court, Case No. 312-041; entitled A. Ruiz Construction Company v. City and County of San Francisco. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

2. 011877 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by 111 Chestnut Street Condominium Homeowners Association, 220 Lombard Street Condominium Homeowners Association, 240 Lombard Street Condominium Homeowners Association, Lombard Plaza Owners Association, associations representing property owners of the Parc Telegraph development, against the City and County of San Francisco for $41,500, monitoring services of Frank Rollo, Sr., and debris removal; the lawsuit was filed on November 13, 1997 in the Superior Court of San Francisco, Case No. 991-050; entitled 111 Chestnut Condominium Homeowners Association, et al v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

3. 011904 [Settlement Of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco and the Environmental Law Foundation against the United States Tobacco Company, other manufacturers of smokeless tobacco products, and major retail chains that sell smokeless tobacco in California, for $2,750,000; the lawsuit was filed on March 31, 1998 in San Francisco Superior Court, Case No. 993-992; entitled City and County of San Francisco and Environmental Law Foundation v. United States Tobacco Co., et al.; other material terms of said settlement are that the smokeless tobacco manufacturers shall distribute warning signs required by Proposition 65 to their retailers throughout the state, and that the retailer defendants shall post those signs. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

4. 011902 [Settlement of Claim]
Resolution approving the settlement of the unlitigated claim filed by Luis Lazaro against San Francisco for $30,000; claim was filed on 06-16-2000; additional material terms of said settlement are the signing of full and final release, minor compromise and dismissal of the City and County of San Francisco. (City Attorney)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance Committee
Present: Supervisors Leno, Peskin

5. 011899 [Contracting for Security Services, Office of Contract Administration, Central Shops Division]
Resolution concurring with the Controller’s certification that security services can be practically performed by private contractor for lower cost than similar services performed by City and County employees. (Purchaser)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Leno, Peskin, Gonzalez

6. 011938 [Contracting out Shelter and Intake Services]
Resolution concurring with the Controller’s certification that intake and shelter services to status offenders can be practically performed by private contractor for lower cost than similar services performed by City and County employees. (Juvenile Probation Department)
Question: Shall this Resolution be ADOPTED?

7. 011947 [Accept-Expend Federal Grant]
Resolution authorizing the Airport Commission to accept retroactively and expend a grant in the amount of $15,435,276.00 from the Federal Aviation Administration for assistance in projects under the Airport Improvement Program (A.I.P. 15). (Airport Commission)
Question: Shall this Resolution be ADOPTED?

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

8. 011872 [Stop Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
25th and Church Streets, northeast and southwest corners, stopping Church Street (makes this an all-way STOP)
41st Avenue and Judah Street, northeast and southwest corners, stopping Judah Street (makes this an all-way STOP)
Fairmount and Whitney Streets, northwest and southeast corners, stopping Whitney Street (making this intersection an all-way STOP)
Revere Avenue and Bay View Street, northwest corner, stopping southbound Revere Avenue (stops the stem of this T-intersection)
San Carlos and Sycamore Streets, southwest corner, stopping San Carlos Street (stops the stem of this T-intersection)

STOP SIGNS - RESCIND
Lincoln Way and 3rd Avenue, southeast corner, stopping northbound 3rd Avenue (Parking and Traffic Department)
(DPT Order No. 2321.)

Question: Shall this Resolution be ADOPTED?

9. 011873 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

CROSSWALK CLOSURE - ESTABLISH
Lincoln Way and 3rd Avenue, west side, crossing 3rd Avenue (unmarked crosswalk to be officially closed)

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
Lincoln Way, south side, from 4th Avenue to a point 100 feet west of 3rd Avenue

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Lincoln Way, south side, between 3rd and 4th Avenues
Bryant Street, south side, from Beale Street to 100 feet westerly (100-foot zone)
Masonic Avenue, east side, from Frederick Street to 53 feet northerly (53-foot zone)

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
3rd Street, west side, from 25th Street to 198 feet northerly (198-foot zone)
3rd Street, west side, from 25th Street to 202 feet southerly (202-foot zone)
3rd Street, east side, from 60 feet to 139 feet north of Cesar Chavez Street (79-foot zone)

NO LEFT TURN - ESTABLISH
3rd Street, southbound, at Burke Avenue

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
3rd Street, both sides, between Evans and Fairfax Avenues
3rd Street, east side, between Innes Avenue and Newhall Street (traffic island)
3rd Street, east side, from 35 feet to 80 feet north of Jerrold Avenue (45-foot zone)
3rd Street, east side, from 90 feet to 125 feet south of Fairfax Avenue (35-foot zone)
3rd Street, east side, opposite Bancroft Avenue (across from the stem of this T-intersection)
3rd Street, west side, between Newhall Street and Kirkwood Avenue (traffic island)
3rd Street, west side, opposite Donner Avenue (across from the stem of this T-intersection)
3rd Street, west side, opposite Underwood Avenue (across from the stem of this T-intersection)

NO LEFT TURN - ESTABLISH
3rd Street, northbound, at Quesada Avenue
3rd Street, northbound, at Thornton Avenue

NO RIGHT TURN ON RED - ESTABLISH
3rd Street, southbound, at Revere Avenue / Bay View Street

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
3rd Street, west side, from 47 feet to 75 feet south of Hudson Avenue (28-foot zone)
3rd Street, west side, from 74 feet to 110 feet south of Yosemite Avenue (36-foot zone)
3rd Street, west side, from Galvez Avenue to a point 83 feet south of Fairfax Avenue (130-foot zone)
3rd Street, west side, from Innes Avenue to 60 feet northerly (60-foot zone)
3rd Street, west side, from Kirkwood Avenue to 35 feet northerly (35-foot zone along sidewalk bulb) (Parking and Traffic Department)
(DPT Order No. 2321.)

Question: Shall this Resolution be ADOPTED?

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

10. 011493 [Federal grant for Clean Air Program] Supervisor Leno
Resolution authorizing the Department of Environment and Department of Administrative Services to accept and expend a grant in the amount of $150,000 from the United States Department of Energy (DOE) for the purpose of providing rebates to subsidize the purchase of alternative fuel vehicles. (Administrative Services Department)
Question: Shall this Resolution be ADOPTED?

11. 011936 [Grant - HIV/AIDS confidential counseling and testing]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $175,000 from the California Family Health Council, Inc. (CFHC), to enhance and expand HIV/AIDS confidential counseling and testing services in family planning agency clinics and to enter into an agreement for the use of these funds; for the period of September 1, 2001, through August 31, 2002. (Public Health Department)
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 Neighborhood Services and Parks Committee
Present: Supervisors Yee, Hall, Sandoval

12. 010589 [Prohibit alcohol consumption on park property without a permit] Supervisors Maxwell, Newsom
Ordinance amending Article 4 of the San Francisco Parks Code, by amending Section 4.10 to add Alice Chalmers Playground, Bayview Playground, Bernal Playground, Buchanan Street Mall, Cayuga Playground, Franklin Square, Gilman Playground, Holly Park, Juri Commons Mini Park, Lessing Sears Mini Park, McKinley Square, Mission Dolores Park, Silver Terrace Park, Sunnyside Conservatory, Upper Noe Recreation Center, Wawona Clubhouse and Youngblood Coleman Playground to the locations in which alcohol consumption is prohibited without a permit.
11/13/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

13. 011782 [Underground District in the Mission Bay Area]
Ordinance creating Underground District No. 358 in the Mission Bay Area. (Public Works Department)
(District 10)
(Supervisor Sandoval dissenting in Committee.)

11/13/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

14. 011783 [Modifying Underground District No. 355]
Ordinance amending Ordinance No. 333-99 to redefine Underground District No. 355 in the Third Street and Bayshore Boulevard area by adding certain property thereto. (Public Works Department)
(District 10)
(Supervisor Sandoval dissenting in Committee.)

11/13/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

15. 011450 [Restructuring Delinquency Prevention Commission] Supervisor Yee
Ordinance amending San Francisco Administrative Code Sections 20.50, 20.51, and 20.52 to restructure the Delinquency Prevention Commission to reduce the number of members, provide for one commissioner appointment by each individual Supervisor on the Board of Supervisors, establish minimum educational background or experience criteria for appointment, provide for two members between the ages of 14 and 21 years of age, and require that the Department of Children, Youth and Their Families provide staff and administrative support.
11/13/2001, CONTINUED. Continued to November 19, 2001.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Board of Supervisors Sitting as a Committee of the Whole

16. 012001 [Appointments of members to the Planning Commission, the Board of Appeals and the Building Inspection Commission] Supervisor McGoldrick
Charter Amendment (Second Draft) to amend Sections 4.105, 4.106, 4.121 and 15.105 to provide that appointments of members to the Planning Commission, the Board of Appeals and the Building Inspection Commission shall be shared by the Mayor and the Board of Supervisors, and to provide that these appointed members may only be removed for official misconduct.
11/5/2001, CONTINUED. Prepared in Board as a Charter amendment. Continued to November 13, 2001. Board to sit as a "Committee of the Whole". COMMITTEE OF THE WHOLE RISE AND REPORT WITHOUT RECOMMENDATION
11/13/2001, AMENDED. 11/13/01 -Supervisor Peskin, seconded by Supervisor Leno moved to amend. In Section 4.105, 4.106 and Section 4.121 add the following: "Each nomination of the Mayor and the President of the Board of Supervisors is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nomiee shall be deemed approved."
11/13/2001, CONTINUED AS AMENDED. Continued to November 19, 2001. Board of sit as a Committee of the Whole.
Question: Shall this Charter Amendment be SUBMITTED?

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

17. 010964 [Appointments to the Planning Commission and the Board of Appeals] Supervisors McGoldrick, Gonzalez, Ammiano, Hall, Daly, Maxwell, Sandoval, Peskin
Charter amendment (Third Draft) to amend Section 4.105 and 4.106 to provide that appointments to the Planning Commission and the Board of Appeals shall be shared by the Mayor and the Board of Supervisors.
11/5/2001, CONTINUED. Continued to November 13, 2001.
11/13/2001, AMENDED. 11/13/01 - Supervisor Leno, seconded by Supervisor Newsom moved to amend. In Section 4.105 and Section 4.106 add the following: "Each nomination of the Mayor and the President of the Board of Supervisors is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nomiee shall be deemed approved.
11/13/2001, CONTINUED AS AMENDED. Continued to November 19, 2001. Board to sit as a Committee of the Whole.
Question: Shall this Charter Amendment be SUBMITTED?

NEW BUSINESS

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

18. 011843 [MOU - Fighters, Local 798, Unit 1] Mayor, Supervisor Daly
Ordinance adopting and implementing the provisions of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO Unit 1 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 011868 [MOU - Fire Fighters, Local 798, Unit 2] Mayor, Supervisor Daly
Ordinance adopting and implementing the provisions of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO Unit 2 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

20. 011794 [Arts Commission Street Artists Fund - Accumulation of Interest] Supervisor Ammiano
Ordinance amending the San Francisco Administrative Code by amending Section 10.100-32 to expressly allow for accumulation of interest on any amount deposited in the Arts Commission Street Artists Fund.
Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 011848 [New Deadline for Submission of Budget to Board of Supervisors] Supervisors McGoldrick, Daly
Ordinance amending Administrative Code Section 3.3 to (1) require the Mayor to submit a preliminary budget to the Board of Supervisors by the first working day of April 2002 for the 2002-2003 fiscal year; (2) require that the existing timetable for submission of the budget expire on December 31, 2002, and (3) state the intention of the Board of Supervisors to approve a new timetable for subsequent fiscal years by not later than September 30, 2002.
(Supervisor Gonzalez dissenting in Committee)

Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 011934 [Amending Administrative Code to increase the cash revolving fund for Public Health]
Ordinance amending Section 10.154 of the San Francisco Administrative Code increasing the cash revolving account for Public Health from $25,000 to $43,000. (Public Health Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 011946 [Accept-Expend Federal Grant]
Resolution authorizing the Airport Commission to accept and expend a grant in the amount of $2,000,000.00 from the Federal Aviation Administration (FAA) for acquisition of clean air vehicles and infrastructure, and related technical assistance; placing $100,000 on reserve. (Airport Commission)
Question: Shall this Resolution be ADOPTED?

24. 011964 [Agreement to Sell Property on Wilder Street, Glen Park] Supervisor Leno
Resolution approving and authorizing an agreement with Glen Park Marketplace Phoenix, LLC, for the sale of real property located on Wilder Street in Glen Park, for a purchase price of $285,000; finding that competitive bidding is impractical or impossible; adopting findings that the conveyance is exempt from Environmental Review and is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution.
Question: Shall this Resolution be ADOPTED?

From Finance Committee Without Recommendation
Present: Supervisors Leno, Peskin, Gonzalez

25. 011870 [Settlement of Business Tax Lawsuit]
Ordidnance authorizing settlement of the lawsuit filed by Morgan Stanley Dean Witter & Co. Inc. versus the City and County of San Francisco by payment of a total amount not to exceed $1,200,000.00; the lawsuit was filed on June 22, 2001 in San Francisco Superior Court, Case No. 322-341, entitled Morgan Stanley Dean Witter & Co. Inc., et. al. v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year and plaintiffs shall not file any claims for refunds pursuant to Section 1021 of Article 12B of the San Francisco Business and Tax Regulations Code. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY

Existing Litigation - City as Defendant

Motion that the Board of Supervisors convene in closed session with the City Attorney, under the provisions of Government Code Section 54956.9 (a) and Administrative Code Section 67.8 (3), for the purpose of conferring with, or receiving advice from, the City Attorney, regarding the proposed settlement listed above.
Question on adoption?

After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above.

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

26. 011562 [Structural Repair of Damaged Buildings]
Ordinance amending Volume 2, Chapter 16, Section 1605.4.3 of the San Francisco Building Code to clarify that damaged buildings will not have to be brought up to 100 percent compliance with current seismic requirements when repaired. (Building Inspection Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 011181 [Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations.
RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
23rd Street, both sides, between Dolores Street and San Jose Avenue (3500 and 3600 blocks);
24th Street, both sides, between Dolores Street and San Jose Avenue (3500 and 3600 blocks);
25th Street, both sides, between Dolores Street and San Jose Avenue (3600 and 3700 blocks);
26th Street, both sides, between Dolores Street and San Jose Avenue (3600 and 3700 blocks);
27th Street, both sides, between Guerrero and Sanchez Streets (100, 200 and 300 blocks);
27th Street, south side, between Guerrero Street and San Jose Avenue (Unit block);
Alvarado Street, both sides, between Guerrero Street and San Jose Avenue (Unit block);
Cesar Chavez Street, both sides, between Church and Guerrero Streets (3700 and 3800 blocks);
Clipper Street, both sides, between Church and Dolores Streets (Unit block);
Dolores Street, both sides, between 24th and 26th Streets (1100 and 1200 blocks);
Duncan Street, both sides, between Church and Guerrero Streets (100 and 200 blocks);
Elizabeth Street, both sides, between Guerrero and San Jose Streets (Unit block);
Fair Oaks Street, both sides, between 22nd and 26th Streets (100, 200, 300, and 400 blocks);
Guerrero Street, both sides, between 22nd and 28th Streets (1000, 1100, 1200, 1300, 1400, and 1500 blocks);
Juri Street, both sides, between San Jose Avenue and West Terminus (Unit block);
San Jose Avenue, both sides, between 22nd and 26th Streets (Unit, 100, 200, and 300 blocks) (Parking and Traffic Department)
(DPT Order No. 2225.)
(Supervisor Daly dissenting in Committee.)

Question: Shall this Resolution be ADOPTED?

28. 011874 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

DIAGONAL (60-DEGREE ANGLE) PARKING - ESTABLISH
NO PARKING ANYTIME, EXCEPT DPT ENFORCEMENT VEHICLES - ESTABLISH
10th Street, east side, from Bryant Street to 250 feet southerly (250-foot zone)

NO PARKING ANYTIME - ESTABLISH
Cook Street, along north terminus, north of Geary Boulevard, from the west curb line to 23 feet easterly (23-foot zone, adjacent to Euclid Avenue stairs)

ONE-HOUR PARKING TIME LIMIT, NOVEMBER THROUGH MARCH, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - RESCIND
2nd Street, west side, from Townsend Street to 105 feet southerly (105-foot zone, to be replaced by taxi zones)

TAXI ZONE (EFFECTIVE ON PACIFIC BELL PARK EVENT DAYS ONLY) - RESCIND
2nd Street, west side, from 9 feet to 42 feet south of Townsend Street (33-foot zone)

TAXI ZONE (EFFECTIVE ON PACIFIC BELL PARK EVENT DAYS ONLY) - ESTABLISH
2nd Street, west side, from 9 feet to 105 feet south of Townsend Street (96-foot zone)

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Duboce Avenue, north side, from Steiner Street to 23 feet westerly (23-foot zone, accommodating 6 motorcycle stalls)

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Channel Street, south side, from Carolina Street to 140 feet easterly (140-foot zone)
Channel Street near Carolina Street, along the west side of the fence crossing Channel Street, from the south property line of Channel Street to 110 feet northerly (110-foot zone)
Custer Avenue, both sides, between 3rd and Quint Streets

NO PARKING ANYTIME - RESCIND
Hallam Street, west side, from Brush Street to the south terminus

RESIDENTIAL PERMIT PARKING AREA "U" (1-HOUR TIME LIMIT, 8 AM - 10 PM, EVERYDAY) - ESTABLISH
Hallam Street, both sides, between Folsom Street and south terminus (unit block)
NOTE: Signs will only be installed on the west side, between Brush Street and the south terminus

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Shrader Street, west side, between Alma and Grattan Streets (1200 block, odd-numbered side only)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Clearfield Drive, east side, from Sloat Boulevard to 40 feet southerly (40-foot zone)
Shakespeare Street, south side, from 151 feet to 176 feet west of Rhine Street (25-foot zone opposite #120 Shakespeare Street, eliminates 1 parking space) (Parking and Traffic Department)
(DPT Order No. 2321.)

Question: Shall this Resolution be ADOPTED?

29. 011963 [Plaza Hotel Site Development] Supervisors Daly, Peskin, Gonzalez, Ammiano, McGoldrick
Resolution supporting expeditious community-based development at the Plaza Hotel Site at 988-992 Howard Street in the South of Market earthquake recovery redevelopment area by TODCO with 115 units of new affordable housing and Bindlestiff Theater.
(District 6.)

Question: Shall this Resolution be ADOPTED?

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

30. 011880 [Contract funds for study of long-term effects of HIV infection] Supervisor Leno
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $69,799 with Public Health Foundation Enterprises Inc. (PHFE), the primary contractor, to fund a study of HIV Strain Diversity and Nonprogressors; for the period of July 1, 2001 to June 30, 2002. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Maxwell, Yee, Leno

31. 011882 [Study of Viagra Use Among Men Who Have Sex With Men in San Francisco]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into a subcontract agreement in the amount of $25,000 with the Regents of the University of California to participate in a project to study the use of Viagra among men who have sex with men in San Francisco; for the period of July 1, 2001 to June 30, 2002. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

32. 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.

33. 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

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.

34. 012072 [Legislative Analyst Request] Supervisor Daly
Motion requesting the Legislative Analyst to: (1) investigate and report on San Francisco’s existing policies and expenditures related to independent living of seniors and persons with disabilities; (2) investigate and report on policies in other jurisdictions; and, (3) recommend policy approaches to foster independent living in San Francisco for seniors and persons with disabilities.
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 35 through 45

35. 012045 [Modern Times Bookstore] Supervisor Ammiano
Resolution condemning the intolerant defacement of windows at Modern Times Books while displaying books of Middle Eastern themes and symbolism.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 012047 [Urging Passage of HR1990 and S940] Supervisors Leno, Maxwell, McGoldrick
Resolution urging the U.S. Congress to begin committee hearings and to enact HR1990 and S940, the Act to Leave No Child Behind.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 012048 [Sail San Francisco Day] Supervisors Peskin, Newsom
Resolution declaring August 28, 2002 as Sail San Francisco Day in the City and County of San Francisco, in support of an organization that advances San Francisco’s rich maritime legacy and provides a public forum for international cultural exchange and unique educational experiences.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 012049 [Matricula Consular as Official Identification] Supervisors Sandoval, Gonzalez
Resolution urging the San Francisco Police, Sheriff and other local agencies to recognize the "matricula consular," issued by the Mexican government, as official identification in the City and County of San Francisco.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 012050 [Commend - Congresswoman Nancy Pelosi] Supervisors Leno, Newsom, Maxwell, McGoldrick
Resolution commending Congresswoman Nancy Pelosi on her tremendous contributions to improve the health of San Francisco.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 012051 [Commend - Reuben Smith] Supervisor Maxwell
Resolution commending Reuben Smith for his 38 years of dedication and exemplary service to the Hunter’s Point Boys and Girls Club to the Bay View Hunter’s Point Community.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 012052 [Commend - Wells Fargo Bank] Supervisor Sandoval
Resolution commending Wells Fargo Bank’s outreach to the Hispanic community by accepting identification cards issued by the Mexican government for new account openings and banking transactions.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 012053 [Commend - Reverend Roland Gordon] Supervisor Sandoval
Resolution commending Reverend Roland Gordon.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 012054 [Revenue Bonds - Robinson Affordable Housing, Inc.] Supervisor Maxwell
Resolution authorizing the issuance and sale of multifamily housing revenue bonds by California Statewide Communities Development Authority in an aggregate principal amount not to exceed $22,000,000 for Robinson Affordable Housing, Inc. or an affiliate.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 012055 [Revenue Bonds - Ridgeview Terrace Affordable Housing, Inc.] Supervisor Maxwell
Resolution authorizing the issuance and sale of multifamily housing revenue bonds by California Statewide Communities Development Authority in an aggregate principal amount not to exceed $17,000,000 for Ridgeview Terrace Affordable Housing, Inc. or an affiliate.
11/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 011599 [Final Map for a 12 Unit Live/Work Condominium Project]
Motion approving Final Map of 188 South Park Avenue, a Live/Work Condominium Project, being a subdivision of Lot 71, Assessor’s Block No. 3775, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 173,249; District 6.)

11/8/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

46. 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 November 1 through noon on November 7, for reference by President to appropriate committee on November 19, 2001. None.

PROPOSED RESOLUTIONS
Proposed resolutions received from November 1 through noon on November 7, for reference by President to appropriate committee on November 19, 2001.

011842 [Grant for older adults at risk for institutionalization or emergency public services]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $985,000 from the California Department of Mental Health (CDMH) for the first year of the San Francisco City and County "Older Adult Partnership Assessment and Care Management" project to develop and implement an older adult system of care; for the period of Fiscal Year 2001 through Fiscal Year 2002. (Public Health Department)
11/9/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Department requests this item be calendared at the November 27, 2001 meeting.

012083 [Petitions and Communications]
Petitions and Communications received from November 8 through noon on November 14, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 19, 2001.

From Public Utilities Commission, submitting request for release of reserved funds ($25 million) to continue the purchase of electrical power for resale for the remainder of the fiscal year. (1)

From District Attorney, regarding placing of Type 1 advertisements in the newspaper. (Reference No. 20010924-030) Copy: Supervisor Leno (2)

From US Army Corps of Engineers, submitting public notice for a permit (from Vintage Enterprises) to place fill material into approximately 1.6 acres of wetlands and other waters of the United States to facilitate construction of the Wine Country Warehouses Project located on a 35.4-acre site located at 21760 Eighth Street, approximately three miles south of the Town of Sonoma. (3)

From Asian Art Museum, regarding placing of Type 1 advertisements in the newspaper. (Reference No. 20010924-062) Copy: Supervisor Leno (4)

From concerned citizens, submitting support for placing the Statue of Carlos III on Dolores Street near Mission Dolores. File 011225, 2 Letters (5)

From St. Luke’s Community Coalition, submitting press release regarding Supervisor Daly’s alleged actions and assertions at the November 8, 2001 Housing, Transportation and Land Use Committee. Copy: Each Supervisor (6)

From John Sweeney, submitting support for proposed Charter amendment regarding cost of living benefits for retirees. File 011659 (7)

From Shannon Seaberg, submitting opposition to both Municipal Utility District (MUD) propositions on the November 2001 ballot. (8)

From Community United Against Violence, submitting press release announcing the honoring of 3 outstanding women in a program titled "Women Making Waves" on November 15, 2001. (9)

From Gerald Kucherenko, regarding his experience with a library employee that reserves rooms at the San Francisco Main Library. (10)

From Office of Contract Administration, submitting notice of public hearing regarding the rules and regulations of implementing the San Francisco Minimum Compensation Ordinance on November 9, 2001 in City Hall, Room 408 from 9 a.m. to 12 noon. File 011585 (11)

From Rick Thurber, commenting on the increase in litter and graffiti in San Francisco. 10 Letters (12)

From concerned citizens, submitting support for the elimination of motorcycle tolls on the Golden Gate Bridge. 63 Letters (13)

From Office of the Controller, Audits Division, submitting report concerning the audit of the California Association for Health, Education, Employment and Dignity, Inc., a nonprofit corporation that receives funding from the City and County of San Francisco to provide childcare, health, and social services. (14)

From Department of Human Resources, regarding Memorandum of Understanding with various unions that adds a new section to Article III.E Additional Compensation which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. Files 010985, 010562, 010558, 010557, 010556, 010559N 010560 (15)

From John Jenkel, submitting newsletter entitled "The Center for the Preservation of Horses" dated November 12, 2001. (16)

From Department of Human Resources, submitting request for release of reserved funds in the amount of $15,260,220 for the Citywide Management Classification/Compensation Plan. Copy: Supervisors Peskin, Gonzalez, Leno (17)

From Sharon Hernandez, submitting copy of formal complaint against UNUM Life Insurance Company sent to the California Department of Insurance for denying her request for Long Term Disability Insurance. (18)

From State Department of Child Support Services, submitting general information on recently signed legislation related to child support services. (19)

From State Department of Health Services, submitting copy of the County’s fiscal year 2001/02 California Healthcare for Indigents Program/Rural Health Services Program Application. (20)

From Outer Mission Residents Association, commenting on the increase of homeless encampments in Crocker Amazon Park. Copy: Supervisors Sandoval, Yee (21)

From State Board of Equalization, regarding pending action by the State Board of Equalization on Rule 905 Assessment Electric Generation Facilities. (22)

From State Board of Equalization, regarding Property Tax Rule 305.3 Application for Equalization under Revenue and Taxation Code Section 469. (23)

From concerned citizens, submitting support to ban sale of animal fur in San Francisco. 3 Letters (24)

From The National Housing Trust Fund Campaign, submitting request for endorsement of the creation of a National Housing Trust Fund. (25)

From Department of Public Health, submitting Underground Storage Tank Unauthorized Release Leak/Contamination Site report. (26)

From Alliance for a Better District 6, requesting the Department of Elections provide a more efficient process of counting absentee ballots. (27)

From Art Simon, submitting opposition to proposal to make the last 23 feet of Cook Street a "No Parking Anytime" zone. File 011874 (28)

From Tenant Associations Coalition of San Francisco, submitting announcement of a Special Awards Ceremony for Tenant Leaders in low-income buildings on November 13, 2001 at 6 P.M. at 301 Eddy Street at Jones. Copy: Each Supervisor (29)

From Larry Loesch, commenting on his unpleasant experience trying to park his motorcycle at 2 different parking lots in Fisherman’s Wharf. Copy: Mayor (30)

From Bob Smith, commenting on the lack of response he received from Deputy Chief Heather Fong, Assistant Chief Earl Sanders and Commander Greg Suhr regarding his complaint against Commander Richard Hom. Copy: Police Chief Lau, Mayor (31)

From Planning Department, commenting on how the change in the Commission’s Order of Business has affected the public’s participation in the general Public Comment category of its regular meetings. (Reference No. 20010924-011) Copy: Supervisor McGoldrick (32)

From Office of Contract Administration, commenting that there is no citywide ordinance requiring departments to inform the Purchaser in advance of all Bids, RFPs or Solicitations. (Reference No. 20011015-011) Copy: Supervisor Sandoval (33)

From Department of Elections, regarding the status of the canvass of the election on November 6, 2001 concerning the proposed San Francisco-Brisbane Municipal Utility District. Copy: Each Supervisor (34)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review of the proposed Inclusionary Affordable Housing Ordinance. File 001262 (35)

From Department of Public Health, submitting information regarding the Department’s access to a tracking system that links documents between chronic disease and environmental health hazards. (Reference No. 20011015-002) Copy: Supervisor Maxwell (36)

From Lisa Roth, submitting support for proposed resolution that gives the community more control over Big Box stores in San Francisco. File 011798 (37)

From Jon Fisher, suggesting that a one week moratorium on the following: vehicle towing, parking tickets, construction and people committing traffic/street crimes would be a great media story that would increase spending within City limits to offset City losses in towing/construction revenue. Stiffer than normal penalties for those who committed traffic/street crimes would be imposed during the week acting as a deterrent. (38)

From Steve Keller, submitting letter entitled "U.S. House aide queries SF’s Klausner on quarantine. (39)

From Metropolitan Transportation Commission, submitting report regarding the status of the Bay Area Quality Management District "Ozone Attainment Plan" and efforts the Metropolitan Transportation Commission is taking to meet federal air quality standards. (Reference No. 20011009-011) Copy: Supervisor Sandoval (40)

From State Department of Child Support Services, submitting corrected copies of the charts recently released in conjunction with the Child Support Services (CSS) Letter No. 01-29, Repayment Sharing Ratios for Federal fiscal year 2002. (41)

From Department of Public Health, commenting on the formation of a Department of Homelessness to coordinate City services to homeless individuals. (Reference No. 20010924-003) Copy: Supervisor Ammiano (42)

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: 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.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 no later than noon the Friday before the meeting.
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.
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. The Clerk of the Board’s Office TTY number for speech-hearing impaired is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance
Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna_Hall@ci.sf.ca.us
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.ci.sf.ca.us/bdsupvrs/sunshine.htm


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Last updated: 8/18/2009 1:46:35 PM