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March 25, 2002

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, March 25, 2002
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 11

Recommendation of the Finance Committee
Present: Supervisors Peskin, Daly, Ammiano

1. 020411 [Federal grant funds for the reconstruction of the hillside on San Jose Avenue from Richland to Highland Avenue in San Francisco] Supervisor Ammiano
Resolution authorizing the Director of the Department of Public Works to accept and expend up to $230,553 in federal Emergency Relief funds with required local matching funds of $29,871 for reconstruction of the hillside at San Jose Avenue from Richland to Highland in the City and County of San Francisco.
Question: Shall this Resolution be ADOPTED?

Recommendations of Public Works and Public Protection Committee
Present: Supervisors Sandoval, Yee, Gonzalez

2. 020104 [Grant - Juvenile Firesetters Program]
Resolution authorizing the Fire Department to accept and expend a grant in the amount of $63,475.00 from the Federal Emergency Management Agency for the Juvenile Firesetters Program. (Fire Department)
Question: Shall this Resolution be ADOPTED?

3. 020146 [Occupancy of the north side of Brannan Street during construction operations at 530-542 Brannan Street]
Resolution granting revocable permission to UMB Corporation to temporarily close and occupy a portion of the sidewalk and roadway areas on the northerly side of Brannan Street, westerly of 4th Street, during construction operations at 530-542 Brannan Street (Assessor’s Block 3777, Lot 038). (Public Works Department)
(District 6.)

Question: Shall this Resolution be ADOPTED?

4. 020180 [Changing Official Width of Sidewalk]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1550 to change the official sidewalk width on the west side of Mission Street from 16th Street southerly, near the southwesterly corner of 16th and Mission Streets; making findings pursuant to Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes. (Public Works Department)
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules and Audits Committee
Present: Supervisors Hall, Gonzalez

5. 020337 [Appointment]
Resolution appointing Roderick Kiracofe, term to be determined, to the United Nations Plaza Working Group, residency requirement waived.
Roderick Kiracofe (residency requirement waived), new position, seat 2, must be a member of the Market Street Association, term to be determined.

Question: Shall this Resolution be ADOPTED?

6. 020110 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Fannie Williams, Mariah Gorge (a minor by and through her Guardian ad litem Fannie Williams), Brenda Williams against the City and County of San Francisco for $175,000; the lawsuit was filed on February 2, 1998 in San Francisco Superior Court, Case No. 992-174; entitled Fannie Williams, et al., v. Les Adams, City and County of San Francisco, et al; other material term of said settlement is waiver of $45,522.01 lien to San Francisco General Hospital. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 020249 [Settlement of Lawsuit]
Ordinance authorizing settlement of the matter of Stephanie Fouchia v. City and County of San Francisco for $65,000. The lawsuit was filed on March 7, 2001, in San Francisco Superior Court, Case No. 319-456; entitled Stephanie Fouchia v. City and County of San Francisco. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

8. 020255 [Settlement of Lawsuit]
Ordinance authorizing §998 offer of judgment in the lawsuit filed by Frank Rodriguez against the City and County of San Francisco for $30,001.00 plus reasonable attorneys’ fees not to exceed $30,000 and costs; the lawsuit was filed on October 11, 2001 in San Francisco Superior Court, Case No. 400-133; entitled Frank Rodriguez, v. City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

9. 020330 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Miguel Martinez (Barrera) against the City and County of San Francisco for $412,500.00; the lawsuit was filed on June 23, 2000 in Superior, Case No. 313-139; entitled Miguel Martinez (Barrera) vs.City and County of San Francisco, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

10. 020331 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Rosa Corrales against the City and County of San Francisco for $500,000.00; the lawsuit was filed on October 3, 2000 in San Francisco Superior Court, Case No. 315-584; entitled Rosa Corrales v. Regents of the University of California, et al; there are no other material terms to said settlement. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors Hall, Gonzalez, Sandoval

11. 020335 [Appointment]
Resolution appointing Thomas Peitz and Richard Shortall, terms to be determined, to the Emergency Room Diversion Task Force, residency requirement waived.
Thomas Peitz (residency requirement waived), succeeding Steven Polevoi, resigned, seat 2, must be an emergency room physician from the Emergency Physicians Association, term to be determined;
Richard Shortall (residency requirement waived), new position, seat 10, must be a representative of the San Francisco Fire Department, term to be determined.

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 Finance Committee
Present: Supervisors Peskin, Daly, Maxwell

12. 020051 [Amending Article 2.4 of the Public Works Code and Sections 10-100.230 and 11.9 of the Administrative Code Concerning Excavation in the Public Right-of-Way; Proposed Increases in Certain Supervisors Peskin, Maxwell
Ordinance amending Sections 2.4.2, 2.4.4, 2.4.10, 2.4.20.1, 2.4.20.2, 2.4.20.3, 2.4.23, 2.4.40, 2.4.41, 2.4.42, 2.4.45, 2.4.46, 2.4.50, 2.4.53, 2.4.55, 2.4.70, 2.4.80, 2.4.81, 2.4.83, and 2.4.85 of Article 2.4 of the Public Works Code, adding Sections 2.4.20.4 to Article 2.4 of the Public Works Code, and amending Sections 10.100-230 and 11.9 of the Administrative Code to modify and adopt new definitions; modify and adopt new procedures for permit application submission, permit conditions, and permit modifications; modify fees for administration of permit applications and inspection of excavations; provide for a report to the Board of Supervisors about such fees; create a process for inspection fee refunds; modify procedures for assessing penalties; establish a utility conditions permit fee; and make technical conforming amendments. (Public Works Department)
(Companion measure to Files 020133, 020134.)

3/18/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

13. 020133 [Funding to improve services of the Street Construction Coordination Center] Supervisors Peskin, Maxwell
Ordinance appropriating $66,255 from Excavation Fees to increase services of the Street Construction Coordination Center for the Public Works Department for fiscal year 2001-02. (Public Works Department)
(Companion measure to Files 20051 and 020134.)

3/18/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

14. 020134 [Public Employment]
Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2001/02) reflecting the creation of four positions at the Department of Public Works. (Human Resources Department)
(Fiscal impact.)

3/18/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Transportation and Commerce Committee
Present: Supervisors McGoldrick, Hall, Ammiano

15. 001262 [Inclusionary Affordable Housing Program] Supervisors Leno, Gonzalez, Maxwell, Peskin, McGoldrick, Sandoval, Daly, Ammiano
Ordinance amending the San Francisco Planning Code to amend the variance provisions of Section 305, to add Sections 315 to 315.9 to establish requirements for all residential developments of 10 units or more to provide inclusionary housing units, and making findings.
3/11/2002, CONTINUED. Supervisor Leno, seconded by Supervisor Daly moved to continue to March 18, 2002.
3/18/2002, AMENDED. 3/18/02 - Supervisor McGoldrick, seconded by Supervisor Sandoval moved to amend. On Page 29, line 25 delete "solely"; after "to" insert "(1)"; on Page 30 line 1, replace "subjection" with "subject"; Page 30, line 1 after "Section" insert "and (2) pay the expenses of the Mayor’s Office of Housing in connectoin with monitoring and administering compliance with the requirements of the Program. Monitoring and administrative expenses shall be appropriated through the annual budget process or supplemental appropriation for the Mayor’s Office of Housing."
3/18/2002, AMENDED. 3/18/02 - Supervisor Daly moved, seconded by Supervisor Leno to amend.On Page 34, line 23 after "housing" add "The Mayor’s Office of Housing shall also study the cost of developing market-rate housing and the market price for sale and ren tal of such housing. Based on this data, the Mayor’s Office of Housing shall determine the median and average profit margins for developers of for-profit housing. The Mayor’s Office shall also make a determination whether levels of affordability can be increased pursuant to Finding J."
3/18/2002, AMENDED. 3/18/02 - Supervisor Leno moved, seconded by Supervisor Newsom moved to amend. On Page 15, line 5 replace "city" with "City".
3/18/2002, PASSED ON FIRST READING AS AMENDED. Supervisors McGoldrick, Sandoval, Daly and Ammiano requested to be added as co-sponsors.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Budget Committee
Present: Supervisors Maxwell, Peskin, Yee, Ammiano, McGoldrick

16. 020371 [Adoption of Board of Supervisors 2002 Budget Process] Supervisors Maxwell, Peskin, Ammiano, McGoldrick
Resolution adopting the San Francisco Board of Supervisors’ 2002 Budget Process.
Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance Committee
Present: Supervisors Peskin, Daly, Ammiano

17. 020369 [MOU - Fire] Mayor
Ordinance adopting and implementing the Memorandum of Understanding between Municipal Executives’ Association (Fire) and the City and the County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor)
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 020370 [MOU - Police] Mayor
Ordinance adopting and implementing the Memorandum of Understanding between Municipal Executives’ Association (Police) and the City and the County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor)
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 020252 [2002 Finance Corporation Equipment Program] Mayor
Resolution approving the form of and authorizing execution and delivery by the City and County of San Francisco of an equipment lease Supplement No. 9 (Series 2002a Bonds) between the City and the County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco, as lessee, with respect to the equipment to be used for city purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to exceed $9,000,000; providing for reimbursement to the City of certain city expenditures incurred prior to the issuance of Lease Revenue Bonds; and providing for the execution of documents in connection therewith and ratifying previous actions taken in connection therewith. (Mayor)
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

20. 020368 [Supplemental Appropriation - San Francisco’s Finance Corp.] Mayor
Ordinance appropriating $8,420,000 from the sale of lease-revenue bonds by the San Francisco Finance Corporation to fund purchase of equipment citywide for fiscal year 2001-02. (Mayor)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

From Finance Committee "Without Recommendation"
Present: Supervisors Peskin, Daly, Ammiano

21. 020248 [Supplemental Appropriation, Department of Elections]
Ordinance appropriating $1,372,007 of the General Reserve and reappropriating $1,800,000 from the lease-purchase of election equipment for a total of $3,172,007 to fund salaries, fringe benefits, and other current expenses for the Department of Elections for fiscal year 2001-02. (Elections Department)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

From Public Works and Public Protection Committee "Without Recommendation"
Present: Supervisos Sandoval, Yee, Gonzalez

22. 020261 [Advertising of bail bond agents] Supervisor Gonzalez
Ordinance adding Section 710 to the San Francisco Police Code to require that advertising for bail bond agents posted in San Francisco jails indicate whether the agent maintains an office in San Francisco, requiring that the advertising agent be licensed by the Department of Insurance, and requiring that the advertising agent operating under a fictitious business name has on file a fictitious business name statement.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules and Audits Committee
Present: Supervisors Hall, Gonzalez

23. 020319 [Municipal Code Amendment - Deletion of Court Reporter Requirement for Board of Appeals]
Ordinance amending the San Francisco Business and Tax Regulations Code by amending Section 11 to authorize the Board of Appeals to use the Department of Telecommunications and Information Technology’s Citywatch Cable Channel videotape or an audiotape as a record of the Board’s proceedings in lieu of attendance at the hearing by a court reporter. (Board of Appeals)
Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 020407 [General Obligation Bond Accountability Reports] Supervisor Yee
Ordinance amending Chapter 2, Article VIII of the Administrative Code of the City and County of San Francisco to provide additional further requirements for the expenditure of general obligation bond proceeds.
Question: Shall this Ordinance be PASSED ON FIRST READING?

From Rules and Audits Committee "Without Recommendation"
Present: Supervisors Hall, Gonzalez

25. 020339 [Appointment]
Resolution appointing Supervisor Leland Yee, term ending February 1, 2005, to the Bay Area Air Quality Management District Board of Directors.
Supervisor Leland Yee, succeeding Supervisor Tony Hall, Seat No. 1, must be a member of the San Francisco Board of Supervisors, for the unexpired portion of a four-year term ending February 1, 2005.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Transportation and Commerce Committee
Present: Supervisors McGoldrick, Hall, Ammiano

26. 020156 [Interim Zoning Controls - Live/Work Moratorium] Supervisor Ammiano
Resolution extending for an additional three-month period interim controls to prohibit the construction of new live/work developments.
(Certificate of Exemption/Exclusion from Environmental Review dated 2/13/02)
(Supervisor Hall dissenting in Committee.)

Question: Shall this Resolution be ADOPTED?

27. 012127 [Prohibition of New Live/Work Units] Supervisor Ammiano
Ordinance amending the San Francisco Planning Code by amending the definition of "Live/Work Unit" in Section 101.13 to clarify that the residential use and the integrated work space must be in the same unit, and by amending Section 233 to prohibit new Live/Work Units except for accessory uses authorized by Section 204.4.
(Planning Commission Resolution #16359 adopted 3/7/02 recommending disapproval. Certificate of Exemption/Exclusion from Environmental Review dated 2/28/02)
(Supervisor Hall dissenting in Committee.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 011798 [Interim Zoning Requiring Conditional Use Authorization for Large Retail Uses] Supervisor Ammiano
Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for large retail uses in C-2, C-M, M-1, M-2, RSD, SLR, SLI, SPD and SSO zones, including, where permissible, lots under the jurisdiction of the San Francisco Port Commission, for a one year period and making a determination of consistency with the priority policies of Planning Code Section 101.1.
(Certificate of Exemption/Exclusion from Environmental Review dated 12/7/01)
(Supervisor Hall dissenting in Committee.)

11/19/2001, SUBSTITUTED. Supervisor Ammiano submitted a substitute resolution bearing new title.
Question: Shall this Resolution be ADOPTED?

29. 020320 [Grant Federal Funds]
Resolution authorizing the Municipal Transportation Agency Board to Accept and Expend $1,622,000 of Federal Congestion Mitigation and Air Quality (CMAQ) funding for the Bayview Connections project. (Municipal Transportation Agency)
Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 5:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

30. 020409 [Public Hearing - Declaring the Board of Supervisors to be the Governing Body of the Redevelopment Agency]
Public hearing relating to consideration and adoption of the ordinance declaring the Board of Supervisors to be the Governing Body of the Redevelopment Agency for the City and County of San Francisco, thereby replacing the existing seven-member appointed Board; and establishing an eleven-member appointed Community Redevelopment Commission and delegating certain powers to the Commission. (Clerk of the Board)
(Companion measure to File 020413.)

Action:___________________________

Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

Committee of the Whole Rise and Report Without Recommendation

31. 020413 [Redevelopment Agency] Supervisor Daly
Ordinance amending Administrative Code Chapter 24 "Redevelopment Agency" by declaring the Board of Supervisors to be Governing Body of the Redevelopment Agency of the City and County of San Francisco, thereby replacing the existing seven-member appointed Board, with findings in support (California Community Redevelopment Law, Health & Safety Code §§33000 et seq.); and establishing an eleven-member appointed Community Redevelopment Commission and delegating certain powers to the Commission.
Question: Shall this Ordinance be PASSED ON FIRST READING?

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

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 34 through 47

34. 020449 [April 2002 IHSS Public Authority Awareness Month] Supervisors Ammiano, Sandoval
Resolution declaring April 2002, IHSS Public Authority Awareness and Registration for Services of Latino Consumers and Worker Opportunities Month.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 020450 [March 2002 Professional Social Work Month] Supervisor Ammiano
Resolution proclaiming the Month of March 2002 Professional Social Work Month and further to call upon all Californian’s to join with the social work profession in support of appropriate programs, ceremonies, and activities designed to achieve its goals.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 020451 [Honoring Deputy Sheriff Kenneth Harrison] Supervisor Ammiano
Resolution honoring Deputy Sheriff Kenneth Harrison for successfully completing his satellite assignment at City Hall and furthermore proclaiming March 18, 2002 Deputy Kenneth Harrison Day in the City and County of San Francisco.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 020452 [National and State Housing Efforts] Supervisor Daly
Resolution supporting national and state housing efforts identified at the San Francisco Summit on Homelessness, and urging swift action.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 020453 [Proposition B Implementation Plan Date] Supervisor Leno
Resolution urging the San Francisco Public Utilities Commission to complete its implementation plan of Proposition B and H by April 15, 2002.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 020454 [Passage of SB 1856] Supervisor Leno
Resolution urging the California State Legislature to pass SB 1856, the California High-Speed Passenger Train Bond Act of 2002.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 020455 [Musee Mecanique] Supervisors Newsom, McGoldrick
Resolution urging the National Park Service to find a sufficient alternative location for Musee Mecanique until renovations are complete at the Cliff House.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 020456 [Commend - Phoenix Streets] Supervisor Gonzalez
Resolution commending San Francisco Deputy Public Defender Phoenix Streets.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 020457 [Commend - Lake Merced Stakeholders] Supervisor Hall
Resolution commending the San Francisco Public Utilities Commission, the City of Daly City, the Olympic Club, the Lake Merced Golf and County Club, and the San Francisco Golf Club for their work in finalizing landmark agreements that have set in motion a plan to restore Lake Merced.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 020458 [Commend - Delancey Street Foundation] Supervisor Leno
Resolution commending the Delancey Street Foundation on its 30th anniversary and commending Executive Director Mimi Silbert on the occasion of her 60th birthday.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

44. 020459 [Commend - National Professional Social Workers Month] Supervisor Maxwell
Resolution commending the recognition of National Professional Social Worker Month.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

45. 020460 [Commend - J. Weldon Smith] Supervisor Newsom
Resolution commending J. Weldon Smith on his retirement after serving 15 years as Director of the Museum of Craft and Folk Art.
3/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

46. 020439 [Final Map for a 6 Unit Live/Work Condominium Project]
Motion approving Final Map of 633 Hampshire Street, a Live/Work Condominium Project, being a subdivision of Lot 12, Assessor’s Block No. 4025, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order 173,435; District 9.)

3/20/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

47. 020440 [Final Map for a 5 Unit Residential Condominium Project]
Motion approving Final Map of 147 Day Street, A Residential Condominium Project, being a subdivision of Lot 28A, Assessor’s Block No. 6637, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order 173,436; District 8.)

3/20/2002, 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:_________________________________________

48. 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 March 14 through noon on March 20, for reference by President to appropriate committee on March 25, 2002.

020441 [Appropriation - Clean Water Department]
Ordinance appropriating $1,220,000 of Clean Water Program fund balance for water sewage treatment chemicals for the Clean Water Department for fiscal year 2001-02. (Controller)
3/20/2002, RECEIVED AND ASSIGNED to Finance Committee.

020464 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by New Times, Inc., San Francisco Newspaper Printing Company, Inc., Gannett Satellite Information Network, Inc., The New York Times Company, San Jose Mercury News, Inc., Los Angeles Times, Dow Jones & Company, Inc., Bay Guardian Company, Inc., and United Advertising Publications, Inc. against the City and County of San Francisco for $85,000; the lawsuit was filed on January 5, 1999, in the United States District Court for the Northern District of California, Case No. C-99-0020 (WHA); entitled New Times, Inc., et al., v. City and County of San Francisco, et al.; other material terms of said settlement are the City’s amendment of San Francisco Public Works Code Section 184.12, the Director of Public Works’ promulgation of amended guidelines, and the City’s approval of the First Amended and Restated Pedestal-Mounted Newsrack Agreement by and between the City And County of San Francisco and Clear Channel Adshel, Inc. (City Attorney)
(Companion measure to Files 020465, 020466.)

3/20/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee.

020465 [Regulation of Newsracks; Amendment of Fixed Pedestal Newsrack Program]
Ordinance amending the San Francisco Public Works Code, Article 5.4, by repealing the existing Section 184.12 and enacting a new Section 184.12 regulating the placement and maintenance of newsracks on public streets, sidewalks and rights-of-way to prohibit freestanding newsracks in specified areas of the City, authorizing the creation of fixed pedestal zones in specified areas of the City, and authorizing the Director of Public Works to select and enter into agreements with vendors to provide and maintain fixed pedestal newsracks. (City Attorney)
3/20/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee.

020466 [Contract - CCSF and Clear Channel Adshel, Inc.]
Ordinance approving the First Amended and Restated Pedestal-Mounted Newsrack Agreement By and Between the City and County of San Francisco and Clear Channel Adshel, Inc., which allows for the provision, installation, and maintenance of pedestal-mounted newsracks on public property; approving an indemnification of the contractor by the City for specified claims initiated by publishers or other specified claimants, concerning the fixed pedestal program, the fixed pedestal units, their operation, or the agreement with Clear Channel Adshel, Inc., and for specified claims including bodily injury or property damage arising from the City’s performance of said agreement; and authorizing the Director of the Department of Public Works to make changes to the Department of Public Works Director’s Orders incorporated by reference in the agreement with Clear Channel Adshel, Inc. (City Attorney)
3/20/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from March 14 through noon on March 20, for reference by President to appropriate committee on March 25, 2002.

020332 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

BICYCLE LANES - ESTABLISH
King Street, north side, (westbound), from 2nd Street to 360 feet westerly

BICYCLE LANES - ESTABLISH
7th Street, both sides, (both directions), between 16th and Townsend Streets

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
7th Street, east side, from Townsend Street to 160 feet southerly (160-foot zone)

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
Mission Street, east side, from Trumbull Street to 500 feet northerly (500-foot zone, to be replaced with shorter zone)

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Mission Street, east side, from Trumbull Street to 420 feet northerly (420-foot zone, reduces existing zone by 80 feet and creates four additional parking spaces)

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Gateview Avenue (Treasure Island), both sides, between 13th Street and Avenue B, north intersection (replaces existing red zones)

TOW-AWAY, NO STOPPING, 7 AM - 6 PM, MONDAY THROUGH FRIDAY - RESCIND California Street, south side, from 106 feet to 137 feet west of Montgomery Street (31-foot zone)

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
California Street, south side, from 106 feet to 137 feet west of Montgomery Street (31-foot zone)

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Webster Street, west side, from 100 feet to 150 feet north of Oak Street (extends existing tow-away zone by 50 feet) (Parking and Traffic Department)
(DPT Order No. 2399.)

3/14/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

020387 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.
RESIDENTIAL PERMIT PARKING AREA "U" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Cleveland Street, both sides, between 7th and Sherman Streets (unit block, signs to be installed only on the south side)

PARKING METER AREA NO. 3 (1-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Stillman Street, north side, between 3rd and 4th Streets

RESIDENTIAL PERMIT PARKING AREA "D" (4-HOUR TIME LIMIT, 9 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Hamerton Avenue, both sides, between Mangels Avenue and north terminus (100 block)

RESIDENTIAL PERMIT PARKING AREA "B" (2-HOUR TIME LIMIT, 9 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Palmetto Street, both sides, between Ramsell and Victoria Streets (400 block)

NO PARKING, 2 AM - 6 AM, EVERYDAY - ESTABLISH
19th Street, both sides, between Indiana and Minnesota Streets
20th Street, both sides, between Indiana and Minnesota Streets
Indiana Street, both sides, between 19th and 22nd Streets

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Broderick Street, east side from 0 feet to 20 feet north of Waller Street (20-foot zone, replacing an existing red zone)

PARKING METER AREA NO. 3 - ESTABLISH
21st Avenue, east side, from 60 feet to 80 feet north of Geary Boulevard (20-foot zone, accommodating 1 parking meter stall)

TOW-AWAY, NO STOPPING, 7 AM - 6 PM, MONDAY THROUGH FRIDAY - RESCIND California Street, south side, from 85 feet to 151 feet east of Kearny Street (66-foot zone)

TAXI ZONE - ESTABLISH
California Street, south side, from 85 feet to 151 feet east of Kearny Street (66-foot zone)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Melrose Avenue, south side, from east terminus east of Foerster Street to 40 feet westerly (40-foot zone, adjacent to Sunnyside Playground)

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Baker Street, east side, from 12 feet to 33 feet north of McAllister Street (21-foot zone, accommodating 6 motorcycle spaces)

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Golden Gate Avenue, south side from 127 feet to 136.5 feet west of Pierce Street (9.5-foot zone, accommodating 2 motorcycle spaces between driveways, in front of 1509 Golden Gate Avenue)

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Napoleon Street, south side, from Jerrold Avenue to 500 feet easterly (500-foot zone)

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Napoleon Street, north side, from 630 feet to 1280 feet east of Jerrold Avenue (650-foot zone)

TOW-AWAY, NO PARKING ANYTIME (FIRE LANE) - ESTABLISH
Farmer’s Market Frontage Road, both sides, between Crescent Avenue and Putnam Street (along north and west sides of Farmer’s Market property)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Bayside Drive (Treasure Island), both sides, between the east and west intersections of Bayside Drive and Gateview Avenue (replacing existing red zones)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
North Point Drive (Treasure Island), both sides, between the east and west intersections of Gateview Avenue and North Point Drive (replacing existing red zones)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Gateview Avenue (Treasure Island), north/east side, from a point 29 feet west of the driveway at #1306A to a point opposite the south line of the driveway at #1307A (replacing an existing red zone)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Gateview Avenue (Treasure Island), south/west side, between the driveways at #1303D and #1307A (replacing existing red zones)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Gateview Avenue (Treasure Island), west side, from Westside Drive (south intersection) to the driveway at #1311A (replace existing red zones)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Gateview Avenue (Treasure Island), west side, from Westside Drive (south intersection) to the driveway at #1315A (replacing existing red zones)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Gateview Avenue (Treasure Island), both sides, between Westside Drive (north intersection) and Avenue B (north intersection) (replacing existing red zones)

NO PARKING ANYTIME - RESCIND
Jessie Street, north side, between 6th and Mint Streets

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Jessie Street, north side, between 6th and Mint Streets (Parking and Traffic Department)
(DPT Order No. 2399.)

3/14/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

020398 [Grant - Police Department Pedestrian Safety Project]
Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend grant funds made available through the California Office of Traffic Safety for a project entitled Pedestrian Safety Project. (Police Department)
3/19/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

020399 [Grant - Public Utilities Commission]
Resolution authorizing the Department of Public Utilities Commission to accept and expend a grant in the amount of $75,000 from the Environmental Protection Agency for a feasibility study on decentralized wastewater treatment at the Hunters Point naval Shipyard. (Public Utilities Commission)
3/15/2002, RECEIVED AND ASSIGNED to Health and Human Services Committee.

020485 [Petitions and Communications]
Petitions and Communications received from March 14 through noon on March 20, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 25, 2002.

From AT&T Broadband, regarding the merger of AT&T Broadband and Comcast Corporation.(1)

From Employee’s Retirement System, submitting annual report for the year ended June 30, 2001.(2)

From Office of the Treasurer and Tax Collector, submitting annual report for the year ended June 30, 2001.(3)

From various agencies, submitting list of agencies interested in participating in the Annual Joint Fundraising Drive for City and County employees.(4)
San Francisco Youth Fund

From OnLok, submitting information regarding "On Lok Senior Health Center" being recognized as the "organization of the year" in the Public Health Heroes Program by UC Berkeley. (5)

From Redevelopment Agency, submitting notice that the Board of Supervisors is required to mail at least 10 calendar days prior to the hearing, notices to all persons who have expressed to the Agency or legislative body an interest in receiving information on Redevelopment activities, including proposed ordinance that would declare the Board of Supervisors the governing body of the Redevelopment Agency of the City and County of San Francisco.File 020409 Copies: Supervisor Ammiano and Clerk of the Board(6)

From Department of Human Services, submitting agreement between the Department of Human Services and the St. Vincent de Paul Society of San Francisco for Multi-Service Center South. (Reference No. 20020107-013) Copy: Supervisor Newsom(7)

From various City Departments, regarding the use of public relations personnel. Copy: Supervisor McGoldrick, Budget Analyst(8)
Fine Arts Museums (Reference No. 20020128-051)
Department of Human Services (Reference No. 20020128-050)
Chief Medical Examine (Reference No. 20020128-062)
Department of Parking and Traffic (Reference No. 20020128-038)
Asian Art Museum (Reference No. 20020128 and 20020304-056)

From In-Home Supportive Services Consortium, submitting notice that the IHSS Consortium is currently seeking new member(s) for the Board of Directors.(9)

From various City Departments, regarding the use of Special Assistant positions. Copy: Supervisor Daly(10)
Animal Care and Control Department (Reference No. 20020304-051)
Law Library (Reference No. 20020304-040)
Public Defender’s Office (Reference No. 20020304)
Human Rights Commission (Reference No. 20020304-016)
Residential Rent Stabilization and Arbitration Board (Reference No. 2002304-049)
Chief Medical Examiner (Reference No. 20020304-059)
Ethics Commission (Reference No.20020304-022)
Superior Court (Reference No. 20020304-021)
Redevelopment Agency (Reference No. 20020128-041)






From various City Departments, responding to request that all City Departments provide a list of tenants of City properties that are in arrears in payment of rent and the amounts of such arrears. Copy: Supervisor McGoldrick, Budget Analyst (11)
Recreation and Park Department (Reference No. 20020204-060)
Chief Medical Examiner (Reference No. 20020204-065)

From San Francisco Tomorrow, submitting support for proposed resolution asking for a higher commute-hour toll for single-occupant automobiles on the Bay Bridge. Copy: Each Supervisor(12)

From Department of Human Resources, regarding projected Public Utilities Commission hiring requirements for expedited hiring for engineers. (Reference No. 20020204-002) Copy: Supervisor Ammiano(13)

From Office of the Controller, submitting corrected copy of Department of Public Works Budget Summary. Copy: Each Supervisor(14)

From Department of Human Services, regarding Sole Source Contract Activity for fiscal year 2000/01.(15)

From Director, Needle Exchange Program, responding to constituent complaint of people shooting up and leaving needles in his yard at 731/733 South Van Ness Avenue.(16)

From Dennis Thome, submitting opposition to "big box stores" in place of small businesses in San Francisco neighborhoods. File 011798(17)

From US Army Corps of Engineers, regarding permit to discharge fill material into jurisdictional wetland areas to facilitate construction of the Redwood Technology Center, in Petaluma, Sonoma County.(18)

From Kristin Anundsen, submitting opposition to using automatic phone dialing as a way to get a political message out. Copy: Each Supervisor(19)

From Senate Rules Committee, submitting appointment of Eugene La Pierta of Los Angeles as a member of the State Park and Recreation Commission, term ending January 15, 2005.(20)

From State Senator Joseph Dunn, urging support for proposed legislation (SB 1509) that would financially reward cities and counties for approving new affordable housing developments. Copy: Each Supervisor(21)

From Residential Rent Stabilization and Arbitration Board, submitting report on the number of eviction notices filed with the department during the period from March 2001 through February 2002. Copy: Each Supervisor(22)

From Community/Labor Delegation of the Pharmacy Oversight Committee, requesting the Board of Supervisors urge the Health Commission to reject the full-year unrestricted contract renewal in favor of a series of short-term contract renewals, coupled with a timetable for Department of Public Health’s implementing the federal discount. (23)

From Charles Kalish, urging the Board to implement Proposition H, the Solar Power Financing Charter Amendment approved by San Francisco voters on November 6, 2002. Copy: Each Supervisor(24)

From Department of Administrative Services, regarding the concept of a centralized Fleet Management Program to improve the management of the City’s vehicle fleet. (Reference No. 20020204-008) Copy: Supervisor Ammiano(25)

From Tara and Tim Dale, submitting support for keeping off-leash dog recreation in the Golden Gate National Recreation Area, especially at the beach near Chrissy Field. (26)

From Lani Ball, submitting copy of letter sent to the Department of Parking and Traffic, commenting on the wasteful expenditure of postage spent in an attempt to collect a fine for a parking ticket from someone who has lived out-of-state since 1999. Copy: Each Supervisor (27)

From concerned citizens, submitting opposition to proposed closure of Musee Mecanique at the Cliff House in San Francisco.Copy: Each Supervisor,5 Letters (28)

From State Department of Fish and Game, regarding information for submitting fishery restoration project proposals to the Department of Fish and Game.(29)

From State Department of Victim Compensation and Government Claims Board, regarding Senate Bill 551, a measure to assist family members of victims and other Californians affected by the terrorist attacks at the World Trade Center, the Pentagon and Pennsylvania.(30)

From various signators, submitting Form 700 Statement of Economic Interests:(31)
Bobby Galbreath, Jr.
Sean Elsbernd
Robert Esheiman

From Redevelopment Agency, submitting revision to pages 63 and 64 (that have been modified to include the necessary reference to the State RDA Guidelines) for the Audited Statement of the Redevelopment Agency.(32)

From James Chaffee, commenting on response from the Library Commission to a constituent regarding the Main Library and the Homeless. Copy: Each Supervisor(33)

From Tom Flowers, regarding proposed condo development on the current tennis court site at Washington and Drumm Streets. Copy: Each Supervisor(34)

From Michael Lyon, regarding the Health Commission’s vote on a full-year renewal of its contract with the Pharmacy Benefit Manager that manages the program allowing DPH patients to get their medicines at neighborhood pharmacies.(35)

From Alfred Gilbert, submitting support for GreenAction’s campaign to close Hunters Point and Mirant Potrero Hill Power Stations.(36)

From Safety Belt Safe U.S.A., regarding Safety Seat Checkup Week, April 14-20, 2002.(37)

From David Mann, commenting on the proposed Sister City relationship with Kabul. Copy: Each Supervisor(38)

From Elibieta Baran, regarding his experience with Project Open Hand, North of Market facility located at 333 Turk Street.(39)

From the Commonwealth Club, submitting notice of meeting to discuss what works to reduce violence against children and youth at the Commonwealth Club at 595 Market Street on March 21, 2002. Copy: Each Supervisor(40)

From Troy Nickol, submitting three proposals for the Board of Supervisors to consider that would help with the clean up after elections, annoying political calls and absentee ballot counting in San Francisco.(41)

From Gloria Pinangay, submitting support for continued funding of senior services in San Francisco.(42)

From Planning Department, submitting annual report for year 2000.(43)

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. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701

Disability access
The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
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 Ohn Myint 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

Last updated: 8/18/2009 1:46:36 PM