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December 10, 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, December 10, 2001
2:00 PM

Regular Meeting


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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

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

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

Items 1 through 8

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

1. 011526 [Reward Authorization]
Ordinance authorizing payment of reward to Selina Archuletta and Raven Meadows. (Mayor)
12/3/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

2. 011598 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Teddy Querubin against the City and County of San Francisco for $200,000.00; the lawsuit was filed on 6/30/98 in United States District Court, Northern District, Case No. C98-04414 JL; entitled Teddy Querubin v. City and County of San Francisco, et al. (City Attorney)
12/3/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Economic Vitality, Small Business and Social Policy Committee
Present:Supervisors Sandoval, Gonzalez

3. 012078 [Grant for Sheriff’s Department program providing a public information community awareness campaign for the prevention of family violence]
Resolution authorizing the Sheriff’s Department to accept and expend a grant in the amount of $34,857 from the U.S. Department of Health and Human Services for providing a public information community awareness campaign for the prevention of family violence. (Sheriff)
Question: Shall this Resolution be ADOPTED?

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

4. 011929 [Lease of Real Property]
Resolution authorizing extension and amendment of a lease of real property at 1145 Market Street for the Department of Human Resources. (Real Estate Department)
(District 6.)

Question: Shall this Resolution be ADOPTED?

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

5. 011935 [Extending occupancy of the south side of Howard Street during construction operations at 405 Howard Street]
Resolution granting revocable permission to Webcor Builders for a six-month extension to temporarily close and occupy a portion of the sidewalk and parking lane on the southerly side of Howard Street, between 1st and Fremont Streets, during construction operations at 405 Howard Street (Assessor’s Block 3737, Lot 1). (Public Works Department)
(District 6.)

Question: Shall this Resolution be ADOPTED?

6. 011954 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
9th Avenue and Balboa Street, northeast and southwest corners, stopping Balboa Street (makes this an all-way STOP) (Parking and Traffic Department)
(DPT Order No. 2336.)

Question: Shall this Resolution be ADOPTED?

7. 011955 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

NO PARKING ANYTIME - RESCIND
TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Clementina Street, north side, between 1st and 2nd Streets
Tehama Street, south side, between 1st and 2nd Streets

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Alabama Street, both sides, between Mariposa and 19th Streets (500 and 600 blocks)
Alabama Street, east side, between 16th and 17th Streets (300 block)
Alabama Street, west side, between 17th and Mariposa Streets (400 block)
Florida Street, both sides, between 18th and 20th Streets (600 and 700 blocks)
Florida Street, west side, between 16th and 17th Streets (300 block)

DIAGONAL (45-DEGREE ANGLE) PARKING - ESTABLISH
Florida Street, west side, from Mariposa Street to 150 feet northerly (150-foot zone, 400 block)

RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
28th Street, both sides, between Guerrero and Dolores Streets (unit block)
Cesar Chavez Street, both sides, between Church and Sanchez Street (3900 block)
Clipper Street, both sides, between Church and Sanchez Street (100 block) (Parking and Traffic Department)
(DPT Order No. 2336.)

Question: Shall this Resolution be ADOPTED?

8. 011956 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

DIAMOND LANE - ESTABLISH
Bush Street, second lane from east curb (southbound), between Battery and Market Streets

BICYCLE LANE - ESTABLISH
4th Street, southbound, between King Street and Mission Creek

NO LEFT TURN - ESTABLISH
3rd Street, both directions, at Rincon Street
3rd Street, northbound, at South Common
3rd Street, soutbound, at North Common

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
3rd Street, east side, from 320 feet to 345 feet north of 20th Street (25-foot zone)
3rd Street, west side, between Phelps and Davidson Streets
3rd Street, west side, from Arthur Avenue to 65 feet southerly (65-foot zone)

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
3rd Street, east side, from 18th Street to 25 feet northerly (25-foot zone)
3rd Street, east side, from 358 feet to 400 feet south of 20th Street (42-foot zone)
3rd Street, west side, from 109 feet to 235 feet south of 16th Street (126-foot zone)
3rd Street, west side, from 325 feet to 380 feet north of Mariposa Street (55-foot zone) (Parking and Traffic Department)
(DPT Order No. 2336.)

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

From the Clerk

9. 012181 [Adopting findings related to the conditional use appeal on property located at 1101 O’Farrell Street]
Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 2000.961C (which authorized the demolition of an existing three-story building and the construction of a new twenty-three story, 240 foot tall, approximately 308,395 square-foot, 240 unit Senior Housing Facility, and the conversion of the second floor at 1001 Franklin Street from residential space to social services/support office spaces per Sections 303 and 304 of the Planning Code) in an RM-4 (Residential, Mixed, High Density) Zoning District and 240-G Height and Bulk District on property located at 1101 O’Farrell, southwest corner of O’Farrell (a.k.a. Starr King Way) and Franklin Streets, in an area know as St. Mark’s Square (Lot 33 in Assessor’s Block 713, and Lots 35 and 36 in Assessor’s Block 720). (Clerk of the Board)
12/5/2001, REFERRED to Board of Supervisors.
Question: Shall this Motion be ADOPTED?

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

10. 011408 [Limousines for Hire Parking Regulations] Supervisors Sandoval, McGoldrick, Daly, Peskin, Newsom
Ordinance adding section 63.2 to the San Francisco Traffic Code prohibiting the parking of certain vehicles for hire in residential areas.
12/3/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

11. 011755 [Hydrofluoric Acid] Supervisors Peskin, Newsom, Maxwell
Ordinance amending the San Francisco Police Code by adding a new Article 42D to restrict access to products containing hydrofluoric acid in solution and assessing criminal penalties for violation of this Article.
12/3/2001, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

12. 011847 [Prohibiting former members of Board of Supervisors from lobbying] Supervisors Peskin, Ammiano, Gonzalez, Newsom, Daly
Ordinance amending San Francisco Campaign and Governmental Conduct Code by adding Section 3.545 to prohibit former members of the Board of Supervisors from lobbying any governmental body, officer, employee, appointee or representative of the City and County for two years after leaving office.
12/3/2001, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 12/3/01 - Supervisor Peskin, seconded by Supervisor Daly moved an Amendment of the Whole bearing same title.
12/3/2001, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Economic Vitality, Small Business and Social PolicyCommittee
Present:Supervisors Newsom, Maxwell

13. 011713 [Liquor License, 718 14th Street]
Resolution determining that the issuance of a Type 48 on-sale general public premises liquor license in exchange for a Type 47 on-sale general eating place liquor license to Peter Garcia for "Zodiac Club LLC", located at 718 14th Street (District 8), will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions.
Question: Shall this Resolution be ADOPTED?

14. 011937 [Liquor License Transfer, 1425 Sansome Street]
Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license to Radovan Pesusic from 725 Folsom Street to 1425 Sansome Street (District 3), will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions.
Question: Shall this Resolution be ADOPTED?

Present:Supervisors Sandoval, Newsom, Maxwell

15. 011952 [Grant - Criminal Restitution Program]
Resolution retroactively authorizing the Office of the District Attorney to contract for, accept and expend $128,567 allocated from the California State Board of Control Victims of Crime and Restitution Program, for a project entitled "Criminal Restitution Compact" for the period of July 1, 2001 through June 30, 2002. (District Attorney)
Question: Shall this Resolution be ADOPTED?

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

16. 012079 [Settlement of Lawsuit]
Ordinance approving settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against CalStar Retail, Inc., by payment by CalStar Retail Inc. to the City in the amount of $350,000 and other terms; the lawsuit was filed on August 7, 2001, in San Mateo County Superior Court, Case No. 417869, entitled City and County of San Francisco, acting by and through its Airport Commission v. CalStar Retail, Inc. (City Attorney)
(Supervisor Peskin dissenting in Committee)

Question: Shall this Ordinance be PASSED ON FIRST READING?

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY

Existing Litigation - City as Plantiff

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: Shall this Motion be ADOPTED?

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

17. 011050 [Tour Buses on El Camino del Mar, and portions of 25th Avenue] Supervisor Newsom
Ordinance adding Police Code Section 1183.31 to prohibit the driving of tour buses on El Camino del Mar between the Presidio and Legion of Honor Drive, and on 25th Avenue between Lake Street and El Camino del Mar, through December 31, 2002.
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 011898 [Speed Limit - 16th Street, between 3rd and 7th Streets]
Ordinance adding Section 175.34 to the San Francisco Traffic Code, establishing a 30-MPH speed limit for 16th Street, between 3rd and 7th Streets. (Parking and Traffic Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 011931 [Double Parking on Municipal Railway Bus Routes Prohibit; Fines] Supervisor Newsom
Ordinance amending Article 3, Chapter XI, Part II, Section 53(a) of the San Francisco Traffic Code removing sunset clause. (Parking and Traffic Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 011932 [Speed Limit - Clarendon Avenue]
Ordinance amending Section 176.18 of the San Francisco Traffic Code clarifying the boundaries for the 35-MPH speed limit along Clarendon Avenue (Parks and Recreation Committee)
Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 011933 [Special Traffic Permit Violation Penalties]
Ordinance amending San Francisco Traffic Code Section 194.3. to provide a graduated penalty schedule for violation of the Special Traffic Permit or for obstructing traffic without a Special Traffic Permit. (Parking and Traffic Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

From Rules Committee
The following item will be considered by the Rules Committee at a Regular meeting on December 6, 2001, at 1:00 p.m. The Chair intends to request the committee to send the following item to the Board as a committee report.

22. 012002 [Official Arguments in Voter Guide] Supervisor Hall
Ordinance amending Section 545 of the Municipal Elections Code (a) to allow individuals and organizations to submit only one free ballot argument per measure and (b) to establish a new priority level for state and local elected officials registered to vote in San Francisco who submit ballot arguments.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

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

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.

25. 012178 [Legislative Analyst Request] Supervisor Newsom
Motion asking the Legislative Analyst to prepare a report comparing the best practices and/or models, otherwise known a Intermediary Care Facilities, used in other major cities in the treatment of public inebriates, including but not limited to the cities of Portland, Oregon; Seattle, Washington; and Denver, Colorado.
Question: Shall this Motion be ADOPTED?

26. 012179 [Legislative Analyst Request] Supervisor Newsom
Motion asking the Legislative Analyst to prepare a report comparing the best practices and/or models, on Cash Assistance Programs utilized in Alameda County and surrounding Bay Area counties.
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 27 through 42

27. 012142 [Federal Grant - Department of Public Works] Supervisor Ammiano
Resolution authorizing the Director of the Department of Public Works to accept retroactively and expend up to $15,983 in federal Emergency Relief funds with required local matching funds of $2,071 for reconstruction of the hillside at San Jose Avenue from Richland Avenue to Highland Avenue in the City and County of San Francisco.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 012143 [Hanging Noose] Supervisor Daly
Resolution condemning recent hanging noose incidents in San Francisco and elsewhere, supporting the efforts of local labor unions to raise awareness of hate crimes and urging the San Francisco Police Department and District Attorney to adopt a zero-tolerance policy toward hate and terror based crimes.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 012144 [Recount of Votes Cast at November 7, 2000 San Francisco Election] Supervisor Gonzalez
Resolution urging the District Attorney to petition the Superior Court under California Elections Code Section 15640 for an order directing a public recount of the votes cast at the November 7, 2000 San Francisco Municipal election.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 012145 [Recount of Votes Cast at November 6, 2001 San Francisco Election] Supervisor Gonzalez
Resolution urging the District Attorney to petition the Superior Court under California Elections Code Section 15640 for an order directing a public recount of the votes cast at the November 6, 2001 San Francisco Municipal election.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 012146 [GGNRA to Delay Leash Enforcement] Supervisors Leno, Newsom, Daly, Yee, Hall, Gonzalez, Maxwell, Sandoval
Resolution requesting the National Park Service to delay enforcing, in the San Francisco parks situated in the GGNRA, 36 C.F.R. 2.15, requiring pets to be on leash in national parks, until the ANPR process has been completed.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 012147 [Law Library] Supervisor Leno
Resolution increasing civil filing and appearance fees provided in Business and Professions Code Sections 6321, 6322 and 6322.1 for operation of the Law Library.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 012148 [Grant - Recreation and Park Department] Supervisor Maxwell
Resolution authorizing the Recreation and Park Department to accept and expend a grant in the total amount of $500,00 from the National Park Service under the Fiscal Year 2001 Urban Parks and Recreation Recovery Program for the renovation of the play area at Joseph Lee Recreation Center.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 012149 [Airport Security Act] Supervisors Sandoval, Newsom, Daly, Gonzalez, Peskin, Ammiano, McGoldrick, Leno, Yee, Hall, Maxwell
Resolution urging the San Francisco and California Congressional delegation to amend, S. 1447, the Airport Security Act to allow security workers to retain their jobs regardless of citizenship status and urging San Francisco International Airport to apply to be one of the five airports that will remain privatized.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 012150 [Commend - Anti-Defamation League] Supervisor Leno
Resolution commending the Anti-Defamation League for its recent plan to advocate for same-sex domestic partners’ rights.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 012151 [Commend - Claire Pilcher] Supervisor Leno
Resolution commending Claire Pilcher, founder of the Friends of Noe Valley.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 012152 [Commend - Mrs. Ora Tyiska-Smith] Supervisor Maxwell
Resolution celebrating Mrs. Ora Tyiska-Smith’s 85th birthday and commending her for her exemplary service and dedication to the Christian community.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 012153 [Commend - Arlevia Marie Rogers] Supervisor Maxwell
Resolution commending and celebrating the life of Arlevia Marie Rogers for her lifelong commitment to protect, educate and inspire children everywhere.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 012154 [Commend - S.F. Airport Commission] Supervisor Newsom
Resolution commending the San Francisco Airport Commission for their work by recommending the enactment of an ordinance that will allow a partial pass-through of the taxi trip fee to taxi passengers.
12/3/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 012119 [Final Map for an 8 Unit Residential Condominium Project]
Motion approving Final Map of 415 Bryant Street, a Residential Condominium Project, being a subdivision of Lot 97, Assessor’s Block No. 3775, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 173,267; District 10.)

12/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

41. 012120 [Final Map for a 21 Unit Mixed Use Condominium Project]
Motion approving Final Map of 70 - 78 Ocean Avenue, a Mixed Use Condominium Project, being a subdivision of Lot 26, Assessor’s Block No. 3207, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 173,295; District 11.)

12/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

42. 012162 [Final Map for a 20 Unit Live/Work Condominium Project]
Motion approving Final Map of 2407 - 2411 Harrison Street, a Live/Work Condominium Project, being a subdivision of Lot 33, Assessor’s Block No. 4084, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 173,300; District 9.)

12/5/2001, 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:_________________________________________

43. 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 29 through noon on December 5, for reference by President to appropriate committee on December 10, 2001.

012027 [Appropriation - Airport Commission Airline Passenger Facility Charge (PFC2 ) Revenue]
Ordinance appropriating $244,757,735 of Passenger Facility Charge (PFC2) revenue to fund the cost of the principal and interest on bonds issued for certain eligible costs associated with the new international terminal complex, and the development and implementation of the precision runway monitoring system at the Airport Commission for fiscal year 2001-02, placing $244,757,735 on reserve pending approval by the Federal Aviation Administration of the Passenger Facility Charge (PFC2). (Controller)
12/3/2001, RECEIVED AND ASSIGNED to Finance Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received fromNovember 29 through noon on December 5, for reference by President to appropriate committee on December 10, 2001.

012036 [Gift Acceptance from Friends and Foundation of the San Francisco Public Library]
Resolution authorizing the Public Library to accept and expend a gift in the amount of $12,000 from the Friends and Foundation of the San Francisco Public Library to purchase materials related to the gay, lesbian, transgender and bisexual community. (Public Library)
11/15/2001, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee.

012180 [Extending Cooperative Agreement between the Treasure Island Development Authority and the U.S. Navy]
Resolution approving and authorizing the Treasure Island Development Authority to enter into the 11th modification to the Cooperative Agreement with the Navy to extend the Cooperative Agreement to June 30, 2002 for an additional amount of Navy reimbursement not to exceed $145,000. (Mayor)
12/5/2001, RECEIVED AND ASSIGNED to Finance Committee.

012182 [Petitions and Communications]
Petitions and Communications received from November 29 through noon on December 5, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on December 10, 2001.

From California Integrated Waste Management Board, submitting notice of proposed regulations for enforcement assistance grants for the Local Enforcement Agency. (1)

From concerned citizens, submitting support for the elimination of motorcycle tolls on the Golden Gate Bridge.13 Letters(2)

From Port of San Francisco, regarding how the Port is adjusting its leasing expectations for maritime-oriented tenants along the City’s Northern Waterfront considering economic changes in the local commercial real estate market.(Reference No. 20011029-009)Copy: Supervisor Peskin (3)

From various signators submitting Form 700 Statement of Economic Interests: (4)
Clarice Duma

From Fire Department, submitting report regarding fire exits on top floors of buildings as they relate to the Department of Building Inspection policies mandating constructing of penthouses under certain circumstances.(Reference No. 20011029-006)Copy: Supervisor Leno(5)

From Office of the Legislative Analyst, submitting report regarding Street Use Permits. File 011628,Copy: Supervisor Peskin (6)

From Office of the City Attorney, submitting opinion regarding Purchaser Notification of Competitive Solicitation. (7)

From Office of the Legislative Analyst, submitting report regarding meeting schedules and preparation times of the other 57 Boards of Supervisors in California counties. (8)

From Fire Department, submitting annual inspection of the Central Police Station at 766 Vallejo Street. (9)

From San Francisco Drug Abuse Advisory Board and City-Wide Alcoholism Advisory Board, submitting report on Substance Abuse Treatment Programs for year 2001. (10)

From Los Californianos, submitting support for placing statues of King Carlos III and Juan Bautista de Anza in a prominent place of honor.File 011225 (11)

From State Department of Fish and Game, submitting request for proposals for fishery restoration work that restores or benefits coho salmon or their habitat throughout their current range in coastal California. (12)

From Fire Department, submitting request for release of reserved funds for the following items: Treasurer Island Lease Payment ($1,764,000), Chief’s Aide’s Salaries and Fringes ($1,000,286), Overtime ($1,624,800).Finance Committee (13)

From State Department of Transportation, submitting report regarding the illegal discharge (or threatened illegal discharge) of hazardous waste, which could cause substantial injury to the public health or safety of the residents of Calaifornia.Public Health and Environment Committee (14)

From Youth Commission, commenting on proposed legislation to prohibit motor vehicle traffic in Golden Gate Park on Saturdays on John F. Kennedy Drive between Kezar and 8th Avenue; Arguello Blvd.; Conservatory Drive East and Conservatory Drive West; and Bowling Green Drive between John F. Kennedy Drive and Middle Drive East.File 011576 (15)

From Department of Public Health, submitting report of illegal discharges of hazardous waste, pursuant to the requirements of Section 25180.7 of the California Health and Safety Code. Copy: Public Health and Environment Committee (16)

From Office of the City Attorney, submitting an update on Pacific Gas and Electric Company’s Bankruptcy Case. (17)

From Department of Public Health, regarding the Metropolitan Medical Response System, which includes the Metropolitan Medical Task Force Concept of Operations and the Bio Terrorism Response Plans (MTFCO & BTRP).(Reference No. 20011022-003) (18)

From Rick Thurber, commenting on the increase in litter and graffiti in San Francisco.12 Letters (19)

From Office of the Controller, submitting (unaudited) financial report for the City and County of San Francisco for year ended June 30, 2001.Copy: Each Supervisor (20)

From Ethics Commission, submitting proposed amendments to the Electronic Filing Ordinance, Article 1, Chapter 3 of the San Francisco Campaign and Governmental Conduct Code. (21)

From Ethics Commission, submitting notice of public hearing on "Political Activities of City Employees" on December 17, 2001 at 6:00 p.m. at City Hall in Room 408. Copy: Each Supervisor(22)

From San Francisco Drug Abuse Advisory Board and City-Wide Alcoholism Advisory Board, submitting meeting agendas and meeting minutes for San Francisco Drug Abuse Advisory Board and City-Wide Alcoholism Advisory Board. (23)

From California Office of Traffic Safety, regarding California’s Drunk and Drugged Driving (3D) Prevention Month; to be held throughout the month of December. (24)

From Department of Public Works, regarding Pay Telephones in San Francisco.(Reference No. 2011113-014)Copy: Supervisor Sandoval (25)

From SF Environment, submitting request for release of reserved funds ($15,000) for technical assistance on developing a Climate Change Action Plan for San Francisco.(26)

From Controller, Mayor’s Budget Director, Budget Analyst, regarding how the slowdown in the economy and the events of September 11th may affect San Francisco’s budget. (Reference No. 20010924-018) (27)

From Ethics Commission, submitting request that all City boards and commissions place on their agenda a notice regarding the obligation of lobbyists to register with the Commission. Copy: Each Supervisor (28)

From ACT UP San Francisco, submitting several articles on HIV/AIDS. (29)

From Redevelopment Agency, regarding Martin Luther Tower located at 1031 Franklin Street.File 011847Copy: Each Supervisor(30)

From Department of Elections, submitting copy of agenda for the Ballot Simplification Committee hearings, which will begin Monday, December 3, 2001. (31)

From Sheppard Mullin, submitting information regarding the Conditional Use/Planned Unit Development and Reclassification applications and the appeal of the Conditional Use in support of the proposed senior housing facility (St. Mark’s Square Project) at 1101 O’Farrell Street. (32)

From concerned citizens, submitting opposition to banning cars in Golden Gate Park on Saturdays.File 011795,Copy: Each Supervisor,3 Letters (33)

From concerned citizens, submitting opposition to proposed traffic changes to Van Ness Avenue.Copy: Each Supervisor,2 Letters (34)

From Department of Public Health,responding to request that the District Attorney and the Director of the Department of Public Health work together to create a working group to revisit and update the health warnings about Amyl Nitrate, also known as "poppers". (Reference No. 20011029-002) (35)

From Commission on the Environment, submitting Resolution No. 011-01-COE, Preservative-Treated Wood Containing Arsenic approved by the Commission on the Environment. Copy: Each Supervisor (36)

From The Sheppard Law Firm, submitting withdrawal of Appeal for 3579 Folsom Street (aka 495 Chapman Street). (37)

From John Jenkel, submitting newsletter entitled "Abuse News" dated November 28, 2001. (38)

From Ethics Commission, regarding what programs the Ethics Commission has for distributing its notices to various San Francisco groups. (Reference No. 20011015-001)Copy: Supervisor Hall (39)

From State Department of Child Support Services, submitting notification of new contract with Equifax Credit Reporting Services, effectively immediately, with renewal options for the following two fiscal years. (40)

From Clerk of the Board, responding to constituents request for public records regarding the performance of the Office of the San Francisco Assessor-Recorder or Assessor Doris Ward since January 1995.(41)

From Rick Binger, submitting request for resolution that would prohibit the use of PA systems by anyone other than emergency services in San Francisco. (42)

From First Unitarian Universalist Church, submitting notice that the Negative Declaration of St. Mark’s Tower Project is in error to state that this site is on Cathedral Hill.The neighborhood of this site is Franklin Street, not Cathedral Hill.File 011894 (43)

From Human Rights Commission, submitting Quarterly Report on Chapter 12D.A of the San Francisco Administrative Code. (44)

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, CA94102.
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