Board of Supervisors : September 17, 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

Tuesday, September 17, 2002
2:00 PM

Rescheduled Meeting

TOM AMMIANO, PRESIDENT
CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO,
SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM,
AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE
Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

Motion to approve the July 8, July 15, July 22, July 29 and August 5, 2002 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 6

Recommendations of the Rules and Audits Committee

Present: Supervisors Hall, Gonzalez, Sandoval

1. 021288 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Percival Agoncillo against the City and County of San Francisco for $62,500; the lawsuit was filed on November 17, 1999 in San Francisco Superior Court, Case No. 307-953; entitled Percival Agoncillo v. City and County of San Francisco. (City Attorney)

(Public Benefit Recipient.)

8/26/2002, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

2. 021323 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Lee Reese against the City and County of San Francisco for $72,500.00; the lawsuit was filed on February 23, 2000 in Superior Court, Case No. 310-163; entitled Lee Reese v. California Bethel AME-Church, Inc., City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

8/26/2002, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

3. 021449 [Settlement of Lawsuit]
Ordinance authorizing offer of settlement of the lawsuit filed by Dillingham Construction N.A., Inc. against the City and County of San Francisco for $350,000.00; the lawsuit was filed on March 19, 2001 in San Mateo County Superior Court, Case No. 416236; entitled Dillingham Construction N.A., Inc., et al., v. City and County of San Francisco, et al; other material terms of said settlement are that the settlement amount is to be paid through the release of such monies from the retention account for SFIA Airport Contract No. 5500.J North Connector Package in exchange for dismissal with prejudice of the lawsuit and the waiver of costs and attorneys fees. (City Attorney)

(No Public Benefit Recipient.)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Transportation and Commerce Committee

Present: Supervisors McGoldrick, Hall

4. 021316 [Federal Grant - Municipal Transportation Agency]
Resolution authorizing the Municipal Transportation Agency Board to accept and expend $50,000 of Federal Assistance for Emergency Preparedness Drills, excluding Administrative Overhead Costs. (Municipal Transportation Agency)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

5. 021317 [Accept - Expend Local Funds]
Resolution authorizing the Municipal Transportation Agency to accept and expend $514,664 of Carl Moyer Program funds for Municipal Railway Transit Project. (Municipal Transportation Agency)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

6. 021360 [State grant funds of $100,000 for a study of the coastal erosion occurring at Ocean Beach and potential methods of control] Supervisor McGoldrick
Resolution authorizing the Department of Public Works to accept and expend a grant in the amount of $100,000 from the Coastal Resources Grant Program for the Ocean Beach Erosion Control Project in the City and County of San Francisco.

(No Public Benefit Recipient.)

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

(Only one of the following two motions should be adopted.)

7. 021241 [Appeal, Conditional Use, 1598 Dolores Street]
Motion approving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1.

8/12/2002, CONTINUED. Continued to August 26, 2002.

8/26/2002, CONTINUED. Continued to September 17, 2002.

Question: Shall this Motion be ADOPTED?

8. 021242 [Appeal, Conditional Use, 1598 Dolores Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1.

8/12/2002, CONTINUED. Continued to August 26, 2002.

8/26/2002, CONTINUED. Continued to September 17, 2002.

Question: Shall this Motion be ADOPTED?

9. 021243 [Findings - 1598 Dolores Street Appeal]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1058C, on property located 1598 Dolores Street, for action by the Board at its next meeting.

8/12/2002, CONTINUED. Continued to August 26, 2002.

8/26/2002, CONTINUED. Continued to September 17, 2002.

Question: Shall this Motion be ADOPTED?

From the Clerk

(Only one of the following two motions should be adopted.)

10. 021245 [Appeal, Conditional Use, 2863 California Street]
Motion approving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, and adopting findings pursuant to Planning Code Section 101.1.

8/19/2002, CONTINUED. Continued to August 26, 2002.

8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.

Question: Shall this Motion be ADOPTED?

11. 021246 [Appeal, Conditional Use, 2863 California Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

8/19/2002, CONTINUED. Continued to August 26, 2002.

8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.

Question: Shall this Motion be ADOPTED?

12. 021247 [Findings - 2863 California Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2002.0408C, on property located 2863 California Street, for action by the Board at its next meeting. (Clerk of the Board)

8/19/2002, CONTINUED. Continued to August 26, 2002.

8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.

Question: Shall this Motion be ADOPTED?

Recommendations of the Finance Committee

Present: Supervisors Peskin, Daly, Maxwell

13. 021404 [Setting San Francisco’s fiscal year 2002-2003 property tax rate and establishing pass-through rate for residential tenants]
Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2003. (Controller)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

14. 021405 [Setting San Francisco Community College District’s fiscal year 2002-2003 property tax rate to be included in the City’s overall property tax rate]
Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2003. (Controller)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

15. 021406 [Setting San Francisco’s Unified School District’s fiscal year 2002-2003 property tax rate to be included in the City’s overall property tax rate]
Ordinance providing revenue and levying property taxes for San Francisco Unified School District’s purposes for the fiscal year ending June 30, 2003. (Controller)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

16. 021407 [Rescind funding for the Art Commission for municipal symphony concerts using property tax revenue]
Ordinance rescinding $31,964 in appropriation authority for the municipal symphony concerts using property tax revenue, pursuant to Charter Section 16.106(1) for the Art Commission for fiscal year 2002-03. (Controller)

8/26/2002, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Health and Human Services Committee

Present: Supervisors Daly, Maxwell

17. 012186 [Regulation of Diesel Backup Generators] Supervisors Maxwell, Daly, Gonzalez
Ordinance amending the San Francisco Health Code by adding a new Article 30 to: (1) establish a registration program within the Department of Public Health for diesel backup generators used by facilities in the City and County of San Francisco; (2) require new backup diesel generators to have air emission control technologies; (3) limit the operation of diesel backup generators during non-emergency situations; (4) establish a recordkeeping requirement for the operation of diesel backup generators; and (5) provide for an enforcement mechanism for violations of the requirements of this Ordinance.

2/4/2002, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing same title.

4/15/2002, RE-REFERRED to Health and Human Services Committee.

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Public Works and Public Protection Committee

Present: Supervisors Sandoval, Gonzalez

18. 021095 [Notification of Solicitations] Supervisors Sandoval, Daly
Ordinance amending the San Francisco Administrative Code by amending Section 12 D.A. 9. to require that all contract awarding authorities submit current bids, requests for proposals and solicitations to the Purchaser of Supplies of the City and County of San Francisco and cause to be posted on a Purchaser’s website certain information concerning current bids, requests for proposals and solicitations.

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

19. 021201 [Building Code] Supervisor Sandoval
Ordinance repealing the San Francisco Building Code and adopting, in its entirety, a new San Francisco Building Code. (Building Inspection Department)

(Companion measure to File 021202.)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

20. 021203 [Electrical Code] Supervisor Sandoval
Ordinance repealing the San Francisco Electrical Code and adopting, in its entirety, a new San Francisco Electrical Code. (Building Inspection Department)

(Companion measure to File 021204.)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

21. 021205 [Housing Code] Supervisor Sandoval
Ordinance repealing the San Francisco Housing Code and adopting, in its entirety, a new San Francisco Housing Code. (Building Inspection Department)

(Companion measure to File 021206.)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

22. 021207 [Mechanical Code] Supervisor Sandoval
Ordinance repealing the San Francisco Mechanical Code and adopting, in its entirety, a new San Francisco Mechanical Code. (Building Inspection Department)

(Companion measure to File 021208.)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

23. 021209 [Plumbing Code] Supervisor Sandoval
Ordinance repealing the San Francisco Plumbing Code and adopting, in its entirety, a new San Francisco Plumbing Code. (Building Inspection Department)

(Companion measure to File 021210.)

8/26/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules and Audits Committee

Present: Supervisors Hall, Gonzalez, Sandoval

24. 020942 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Cecelia Wade against the City and County of San Francisco for $350,000; the lawsuit was filed on July 11, 2001 in the San Francisco Superior Court and later was transferred to the District Court of the Northern District of California, Case No. C01-3165; entitled Cecelia Wade, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

8/26/2002, AMENDED. Supervisor Gonzalez, seconded by Supervisor Hall, moved to amend on page 1 lines 4 and 11 by replacing "$250,000" with "$350,000".

8/26/2002, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendation of the Neighborhood Services and Recreation Committee

Present: Supervisors Newsom, Leno, McGoldrick

25. 021312 [Liquor License Transfer, 638 Fourth Street]
Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license and Type 42 on-sale beer and wine public premises license from 766 Harrison Street to 638 Fourth Street to Todd F. Zucker for dba "K&L Wine Merchants" will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions.

Question: Shall this Resolution be ADOPTED?

From Rules and Audits Committee "Without Recommendation"

Present: Supervisors Hall, Gonzalez, Sandoval

26. 020618 [Amending the Rules of the Board to schedule regular Board meetings on Tuesdays at 2pm effective the week of February 2, 2003.]
Motion amending Rule 6.2 of the Rules of Order of the Board of Supervisors to require the scheduling of regular meetings of the Board of Supervisors on Tuesdays at 2 p.m., instead of Mondays at 2 p.m., effective the week of February 2, 2003. (Clerk of the Board)

(Companion measure to File 020597.)

Question: Shall this Motion be ADOPTED?

27. 020597 [Establishing Board of Supervisors Regular Meeting Days] Supervisors Gonzalez, Newsom
Resolution establishing Tuesdays at 2 p.m. as the regular meeting days and times of the Board of Supervisors, beginning on February 4, 2003; rescinding Resolution No. 186-87, effective January 28, 2003, which established Mondays at 2 p.m. as the days and times of regular meetings of the Board of Supervisors.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Transportation and Commerce Committee

Present: Supervisors McGoldrick, Hall

28. 021183 [CEQA Findings for the Laguna Honda Replacement Project] Supervisor Hall
Resolution adopting environmental findings pursuant to the California Environmental Quality Act and State Guidelines in connection with adoption of a Zoning Map Amendment for the Laguna Honda Hospital Replacement Project.

Question: Shall this Resolution be ADOPTED?

29. 021191 [Zoning Map Amendment in connection with Laguna Honda Replacement Project] Supervisor Hall
Ordinance amending Zoning Map Sheet 6H of the City and County of San Francisco for property located at Assessor’s Block 2842 to change the height district classification from 80D to 90D and a portion of the area designated as OS to 90D; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1.

(Companion measure to File 021183.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

30. 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.

31. 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.

32. 021527 [Legislative Analyst Request] Supervisor Daly
Motion asking the Legislative Analyst to address San Francisco’s criminal justice system with a specific analysis of race, ethnicity, age, sexual orientation and neighborhood of participants. Contrast San Francisco’s offender profile with that of other major American cities. Describe prevention and community organizing programs that keep people from the criminal justice system. Analyze rehabilitation programs for cost effectiveness and efficacy.

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 33 through 48

33. 021511 [Commend Chinatown Child Development Center] Supervisor Yee
Resolution commending the excellent work of the Chinatown Child Development Center and congratulating CCDC on the occasion of its 30th Anniversary.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 021512 [Congratulating Superintendent Ackerman and Board of Education for improved academic performance] Supervisors Ammiano, Newsom
Resolution congratulating Superintendent Ackerman and the Board of Education for their steadfast commitment to improving the quality of San Francisco’s public schools; and supporting their proven efforts to raise academic performance and improve San Francisco’s public schools.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 021513 [Support UC Davis Researcher, Bin Han] Supervisor Sandoval
Resolution supporting UC Davis researcher Bin Han in his pursuance of justice in the face of wrongful accusations of embezzlement and espionage.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 021514 [Oppose Social Security Administrations No-Match Policy] Supervisor Sandoval
Resolution opposing the Social Security Administrations "No-Match" letter policy and urging local employers to adopt a code of conduct towards no match letters.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 021515 [Marina District Pedestrian Safety] Supervisor Newsom
Resolution urging the Municipal Transportation Agency Board of Directors to take all necessary steps in mitigating unsafe traffic conditions in the Marina District, specifically at the corner of Lombard and Fillmore Streets, including consideration of the installation of a countdown light, and the installation of a lit crosswalk at this intersection and working with the Office of the City Attorney and the San Francisco Police Department in concert for a unified and collaborative effort to make safer streets and ensure maximum pedestrian safety.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 021516 [Designate Southeast Corner of Filbert and Grant "Poet’s Corner"] Supervisor Peskin
Resolution designating the southeast corner of Filbert and Grant in North Beach as the official Poet’s Corner of the City of San Francisco beginning on Sunday, September 22, 2002, and to honor the contribution of poets past and present by approving the installation of a commemorative plaque at this location.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 021517 [Commend Anti-Hate Campaign] Supervisor Daly
Resolution supporting the citywide "Anti-Hate Campaign."

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 021518 [Commendation Family Connections, San Bruno Merchants, St. Elizabeth Chapter of SF] Supervisor Maxwell
Resolution to commend Family Connections, San Bruno Merchants Association, the St. Elizabeth Chapter of the San Francisco Organizing and the greater Portola community for their efforts to revitalize their neighborhood and proclaim Sunday, September 29, 2002 at San Bruno Avenue Community Festival Day in San Francisco.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 021519 [Support SEIU’s "Principles for a More Secure San Francisco] Supervisor Daly
Resolution supporting SEIU’s five-point plan.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 021520 [Commend "Daughters of Charity" 150 years] Supervisor Yee
Resolution commending the Daughters of Charity for One Hundred Fifty Years of Service.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 021540 [Final Map for a 6 Unit Residential Condominium Project]
Motion approving Final Map of 2999 Pacific Avenue, A Residential Condominium Project, being a resubdivision of Lots 80, 81, 82, 83, 84, and 85 in Assessor’s Block No. 976, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 173,683; District 2.)

8/22/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

44. 021500 [Final Map for an 8 Unit Live/Work Condominium Project] Supervisor Daly
Motion approving Final Map of 428 8th Street, a Live/Work Condominium Project, being a subdivision of Lot 70, Assessor’s Block No. 3757, and adopting findings pursuant to City Planning Code Section 101.1.

(DPW Order No. 173,688; District 6.)

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

45. 021528 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick, Maxwell
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.

8/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

46. 021539 [Final Map for a 6 Unit Live/Work Condominium Project]
Motion approving Final Map of 475 Hampshire Street, a Live/Work Condominium Project, being a subdivision of Lot 3, Assessor’s Block No. 3973, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 173,689; District 9.)

8/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

47. 020702 [Final Map for a 9 Unit Live/Work Condominium Project]
Motion approving Final Map of 637 Natoma Street, a Live/Work Condominium Project, being a subdivision of Lot 200, Assessor’s Block No. 3727, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 173,704; District 6; No Public Benefit Recipient.)

9/9/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

48. 020756 [Final Map for a 15 Unit Commercial/Residential Condominium Project]
Motion approving Final Map of 741 & 745 Clement Street, a Commercial/Residential Condominium Project, being a merger and subdivision of Lots 31 and 31A Assessor’s Block No. 1440, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)

(DPW Order No. 173,706; District 1; No Public Benefit Recipient.)

9/9/2002, 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:_________________________________________

49. 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 August 22 through noon on September 11, 2002 for reference by President to appropriate committee on September 17, 2002.

021530 [Settlement of Lawsuit - Mary Lou Cordero]
Ordinance authorizing settlement of the lawsuit filed by Mary Lou Cordero against the City and County of San Francisco for $100,000; the lawsuit was filed on August 27, 2001, in the San Francisco Superior Court, Case No. 324-064; entitled Mary Lou Cordero v. City and County of San Francisco. (City Attorney)

(Public Benefit Recipient.)

9/3/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee.

021531 [Settlement of Lawsuit - Silvia Landau]
Ordinance authorizing settlement of the lawsuit filed by Silvia Landau against the City and County of San Francisco for $73,000; the lawsuit was filed on April 27, 2000 in San Francisco Superior Court, Case No. 311768, entitled Silvia Landau v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

9/3/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee.

021532 [Settlement of Grievance - Gabriel Castillo]
Ordinance authorizing settlement of the grievance (ERD No. 83-02-0790) of Gabriel Castillo against the City and County of San Francisco for $93,938.15 (including $72,427.50 to Castillo as back wages; $16,392.08 to the City’s Retirement System to make up shortages in Castillo’s retirement account; $3,938.15 to the City’s Retirement System as reimbursement for withholding tax and health coverage premiums; and $1,180.42 as a lump sum payment to Castillo). Other material terms of said settlement are Castillo shall not seek future employment with the City and he shall release all claims relating to his dismissal as a 2320 Registered Nurse. Castillo shall also return all uncashed pension warrants in the amount of $19,625.24 to the Office of the City Attorney. (City Attorney)

(Public Benefit Recipient.)

9/4/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from August 22 through noon on September 11, 2002 for reference by President to appropriate committee on September 17, 2002.

020348 [Request an ABAWD (Able Bodied Adults without Dependents) Waiver from the State Department of Social Services]
Resolution authorizing the Department of Human Services to request an ABAWD Waiver from the State Department of Social Services. (Human Services Department)

(No Public Benefit Recipient.)

9/9/2002, RECEIVED AND ASSIGNED to Health and Human Services Committee.

021508 [Agreement with the State of California for the Third Street Light Rail Project and supplement to the Freeway Maintenance Agreement]
Resolution authorizing the Director of Transportation to execute a cooperative agreement with the State of California Department of Transportation (Caltrans) and the Director of Public Works to execute a supplement to the Freeway Maintenance Agreement with the State of California, Department of Transportation (Caltrans). (Municipal Transportation Agency)

(No public benefit recipient.)

8/28/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021533 [State grant for medical services to indigent persons]
Resolution authorizing the Department of Public Health to accept and expend retroactively a grant allocation for up to $4,136,456 for Fiscal Year 2002-03 funding from the State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials and supplies, facilities rental, personal services, and indirect costs in the amount of $60,541, based on 11.8% of administrative and fiscal intermediary costs; for the period of July 1, 2002, to June 30, 2003. (Public Health Department)

(No Public Benefit Recipient.)

9/3/2002, RECEIVED AND ASSIGNED to Health and Human Services Committee. Department requests this item be scheduled for consideration at the September 19, 2002 meeting.

021534 [Grant Federal Funds]
Resolution authorizing the Municipal Transportation Agency Board to accept and expend $66,231,753 of Federal Formula Section 5307, Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Program (STP) Capital Assistance for San Francisco capital projects and activities, including Administrative Overhead Costs. (Municipal Transportation Agency)

(No Public Benefit Recipient.)

8/28/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021543 [Contract funds for SFHIV Vaccine Clinical Trials Unit]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $325,345 with Public Health Foundation Enterprises Inc. [PHFE), the primary contractor, to fund the third year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a unit of the HIV Vaccine Trials Network (HVTN); for the period of June 1, 2002 to May 31, 2003. (Public Health Department)

(No Public Benefit Recipient.)

8/22/2002, RECEIVED AND ASSIGNED to Health and Human Services Committee.

021548 [Petitions and Communications #1]
Petitions and Communications received from August 22 through noon on August 28, 2002 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on September 17, 2002.

From Office of the Legislative Analyst, submitting report-analyzing methodology used to determine the number of motorcycles in San Francisco. File 021142 Copy: Supervisor Gonzalez (1)

From Valerie Schmalz, commenting on the good experience her two sons have had playing baseball at Sunset Playground. Copy: Supervisor Yee (2)

From Fire Department, regarding adopted Budget for fiscal year 2002/03. (3)

From concerned citizens, requesting the Board of Supervisors hold new hearings on animal testing at UCSF and do everything in the Board’s power to compel UCSF to end Stephen Lisberger’s cruel and outdated experiments. Approximately 40 letters and postcards (4)

From Police Department, regarding established policies related to containerized moving and/or mobile storage companies. (Reference No. 20020729-003) Copy: Supervisor Sandoval (5)

From Office of the Treasurer/Tax Collector, submitting Sole Source Contracts entered into during fiscal year 2001/02. (6)

From Chief Medical Examiner, submitting statistics from 1998 through 2002 regarding youth aged 14-18 that have died from drug and alcohol substance abuse. (Reference No. 20020805-012) Copy: Supervisor Ammiano(7)

From Fire Department, requesting release of reserved funds in the amount of $2,071,417 from the 1986 Fire Protection Bonds for the installation of five motorized valves. (8)

From Blood Centers of the Pacific, encouraging employees to support the September 11th remembrance through a September blood donation. (9)

From Jeannie Lee, submitting support for proposed legislation regarding the Natural Areas Program Plan.Files 021264, 021260 Copy: Each Supervisor (10)

From Larry Armstrong, urging the Board of Supervisors to vote no on Assembly Bill 2637. (11)

From San Francisco Medical Society, submitting support for Senate Bill 1301 and
proposed Board of Supervisors resolution regarding the Reproductive Privacy Act. File 02-1223 (12)

From Redevelopment Agency, regarding statements made by members of the public during the Redevelopment Agency Commission meeting of August 13, 2002. (13)

From Steinhart Aquarium, regarding adopted Budget for fiscal year 2002/03. (14)

From Residential Rent Stabilization and Arbitration Board, regarding adopted Budget for fiscal year 2002/03. (15)

From SF Children and Families Commission, regarding adopted Budget for fiscal year 2002/03. (16)

From Department of Public Works, regarding containerized moving and/or mobile storage companies. (Reference No. 20020729-006) Copy: Supervisor Sandoval (17)

From Office of Citizen Complaints, regarding adopted Budget for fiscal year 2002/03. (18)

From various signators, submitting Form 700 Statement of Economic Interests:
Bronwen Trice (19)

From concerned citizens, submitting support for the 13-unit condominium project on the site of O’Reilly’s funeral home at the corner of 29th and Dolores Streets. File 021240 (20)

From Golden Gate Park Concourse Authority, submitting quarterly report of activities of the Golden Gate Park Concourse Authority for the second quarter of 2002. (21)

From Bill Hegarty, submitting copy of letter sent to the Recreation and Park Department regarding posting of signs requiring dogs be on leash at the Palace of Fine Arts. (22)

From Stephen Halpern, urging the Board of Supervisors to approve the alternative review process for the Planning Commission. Copy: Each Supervisor (23)

From Branch Library Improvement Program, submitting Quarterly Report for January - March 2002. (24)

From Office of the Legislative Analyst, submitting report regarding the Home Ownership Program for Equity legislation and the initiative entitled the Home Ownership Program for Everyone on the November 2002 ballot. Files 020934, 020936 (25)

From Office of the Controller, submitting report concerning the compliance audit of the as-needed electrical construction and repair contract between the Airport Commission and Barri Electric Company, Inc. (26)

From SF International Airport, regarding adopted Budget for fiscal year 2002/03. (27)

From Office of the Controller, submitting report concerning the performance audit of the Office of the County Clerk. (28)

From Civil Service Commission, submitting notice that the Commission cannot certify the adequacy of the Budget for fiscal year 2002/03, due to unforeseen circumstances of hearing an appeal, which has required additional funds for legal services, court reporting, delivery and reproduction of records.(29)

From Steve Chow, submitting request for a Type 21 Off-Sale General liquor license for "7-Eleven Food Store #33006" located at 2650 Mason Street. Copy: Neighborhood Services and Recreation Committee (30)

From Geoffrey Lengenfelder, regarding San Francisco Superior Court’s action to disallow, or bar judges from serving as members of the Boy Scouts of America. (31)

From Mirna Escobar, submitting copy of letter sent to President George W. Bush regarding the San Francisco Housing Authority. (32)

From Eddie Malek, commenting on the renaming of Candlestick Park. (33)

From Graciela Bachinelo, commenting on the crime rate in the public housing project of Sunnydale.(34)

From Tim Heeney, commenting on services provided by AT&T Broadband.(35)

From Clean Air Performance Professionals, commenting on Assembly Bill 2637, regarding the Smog Check program. (36)

From Peter Keebel, submitting his opinion on the new Union Square in San Francisco. (37)

From Andrea & Rick O’Leary, submitting opposition to proposed legislation regarding the "Natural Areas Program". Files 021260, 021264 (38)

From various City departments and other agencies, submitting Conflict of Interest Code Review Reports (Campaign and Governmental Conduct Code, Article III, Chapter 1.) Copy: City Attorney’s Office (39)
Airport
Housing Authority
Health Authority
Human Resources
Treasurer-Tax Collector
Public Health
Asian Art Museum
Treasure Island Development Authority
Redevelopment Agency

From Jan Ramirez, urging full funding for the Neighborhood Emergency Response Training (NERT) program taught by the Fire Department. (40)

From State Department of Child Support Services, submitting address for submitting income withholding orders to the Office of Personnel Management in Washington D.C. (41)

From Martin Lyon, submitting suggestions for improving traffic control in San Francisco. 2 letters (42)

021549 [Petitions and Communications #2]
Petitions and Communications received from August 29 through noon on September 4, 2002 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on September 17, 2002.

From concerned citizens, requesting the Board of Supervisors hold new hearings on animal testing at UCSF and do everything in the Board’s power to compel UCSF to end Stephen Lisberger’s cruel and outdated experiments. Approximately 50 letters and postcards(1)

From Department of Building Inspection, submitting three cellular antenna permit applications filed for the following addresses: 1155 Harrison Street, 1050 Sansome Street, 417 31st Avenue. (Reference No. 20000403-002) Copy: Supervisor Yee (2)

From Department of Administrative Services, regarding adopted Budget for fiscal year 2002/03. (3)

From Adult Probation Department, regarding adopted Budget for fiscal year 2002/03. (4)

From Department of Aging and Adult Services, regarding adopted Budget for fiscal year 2002/03. (5)

From Office of the City Attorney, regarding adopted Budget for fiscal year 2002/03. (6)

From District Attorney, regarding adopted Budget for fiscal year 2002/03. (7)

From Emergency Communications Department, regarding adopted Budget for fiscal year 2002/03. (8)

From Fine Arts Museums, regarding adopted Budget for fiscal year 2002/03. (9)

From Department of Human Services, regarding adopted Budget for fiscal year 2002/03. (10)

From Office of the Treasurer & Tax Collector, regarding adopted Budget for fiscal year 2002/03.(11)

From Department of Public Health, submitting statistics on youth aged 14-18 regarding sexual abuse, drugs/alcohol substance abuse, runaways, physical abuse, etc. (Reference No. 20020805-004) (12)

From Frederick Hobson, submitting copy of letter sent to the SF Sentinel regarding the "Anyone But Chris Daly campaign". (13)

From District 6 Democrats, submitting copy of letter sent to Supervisor Daly regarding allegations that members of the Supervisors’ re-election campaign have been seen tearing down or removing "Anyone but Chris Daly campaign" Posters. (14)

From AT&T Broadband, submitting AT&T Broadband’s rebuild schedule and launch dates in City and County of San Francisco. 2 letters (15)

From Vera Kennedy, regarding dismissal from employment at the San Francisco Housing Authority. (16)

From Barbara Ruppel, regarding the Trap, Neuter and Release plan for feral cats in San Francisco. (17)

From Clerk of the Board, regarding adopted Budget for fiscal year 2002/03. (18)

From Kate Ramos, urging the Board of Supervisors to support the nomination of 708/710 Montgomery Street (Black Cat Café) as a landmark to the California Register. (19)

From Office of Citizen Complaints, submitting annual report for 2001. (20)

From Human Rights Commission, submitting quarterly report regarding reporting requirements of Chapter 12D.A of the Administrative Code. (21)

From Office of the Sheriff, responding to inquiry regarding at-risk youth age 14 through 18. (Reference No. 20020805-007) Copy: Supervisor Ammiano (22)

From Lynn Jefferson, commenting on the homeless issue in San Francisco. Copy: Each Supervisor (23)

From Eduardo White, regarding her eviction harassment notice by her landlord. Copy: Each Supervisor (24)

From various City departments and other agencies, submitting Conflict of Interest Code Review Reports (Campaign and Governmental Conduct Code, Article III, Chapter 1). Copy: City Attorney’s Office (25)
Retirement System
Redevelopment Agency
Public Utilities Commission
Department of Parking and Traffic
Municipal Transportation Agency
Administrative Services

From Richard Lee Bowden, submitting letter regarding the San Francisco Rent Ordinance. (26)

From Frederick Hobson, submitting notice of District 6 Community Forum, Candidates and Issues on the November 2002 ballot. (27)

From Office of the Public Defender, responding to inquiry regarding at-risk youth age 14 through 18. (Reference No. 20020805-011) Copy: Supervisor Ammiano (28)

021550 [Petitions and Communications #3]
Petitions and Communications received from September 5 through noon on September 11, 2002 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on September 17, 2002.

From Clerk of the Board, submitting notice that the 2002-2003 Efficiency Plan has been completed and posted on the Board of Supervisors/Clerk of the Board web page. (1)

From Department of Public Health, submitting copy of request to Human Rights Commission for waiver of provisions of Chapters 12B and 12C of the Administrative Code for Toys-R-Us and Lakeshore Learning Materials. (2)

From concerned citizens, requesting the Board of Supervisors hold new hearings on animal testing at UCSF and do everything in the Board’s power to compel UCSF to end Stephen Lisberger’s cruel and outdated experiments. Approximatelyletters and postcards (3)

From Office of the Controller, submitting copy of memo reminding the Civil Service Commission that it does not have sufficient funds appropriated to pay for legal services associated with the court case regarding the reinstatement of Tammy Haygood. Copy: Each Supervisor, Clerk of the Board (4)

From Office of the Controller, submitting final Annual Appropriation Ordinance (AAO) for the City and County of San Francisco for fiscal year 2002/03. Copy: Clerk, Budget Committee (5)

From California Building Standards Commission, acknowledging receipt of submittal pertaining to local modifications to the 2001 California Building Standards Code by the City and County of San Francisco on August 27, 2002. (6)

From Police Department, regarding issuance of Section 124 Police Code citations. (Reference No. 20020722-003) Copy: Supervisor Hall (7)

From Peter Simmons, regarding the reinstatement of Tammy Haygood as Director of the Department of Elections. (8)

From Mayor’s Office On Homelessness, regarding Public Utilities Commission workers at the Channel Pump Station and various other people who parked their cars in the area near Seventh and Berry Street. (Reference No. 20020729-010) Copy: Supervisor Daly (9)

From Police Department, submitting information about at-risk-youth in San Francisco. (Reference No. 20020805-008) Copy: Supervisor Ammiano (10)

From Donna Lim, requesting a Stop sign or streetlight be installed on Fulton Street. Copy: Supervisor McGoldrick, Department of Parking and Traffic (11)

From Police Department, regarding specific costs of maintaining the helicopter and marine units within the San Francisco Police Department. (Reference No. 20020617-010) Copy: Supervisor Yee (12)

From Muni, regarding request that Muni investigates and reports on whether the agency can identify funds to perform an extensive implementation study on centralized dispatch for taxis. (Reference No. 20020805-002) Copy: Supervisor Newsom (13)

From Department of Human Services, submitting information about at-risk-youth in San Francisco. (Reference No. 20020805-005) Copy: Supervisor Ammiano (14)

From Nancy Watson, submitting support for continued funding of the (Neighborhood Emergency Response Team (NERT) training program provided by the San Francisco Fire Department. (15)

From Department of Human Resources, submitting annual report for the year ended June 30, 2002. (16)

From Department of Building Inspection, submitting two cellular antenna permit applications filed for the following addresses: 1300 Van Ness Avenue, 425 First Street/445-471 Harrison Street. (Reference No. 2000203-002) Copy: Supervisor Yee (17)

From Office of the Controller, submitting set of high level financial reports for the month of August 2002 showing fiscal year 2002/03 status and preliminary year-end figures for the prior year (2001-02). (18)

From Office of the Treasurer, submitting report showing the investment activity (for fiscal year to date) of the portfolios under management. (19)

From State Department of Health Services, submitting approval of San Francisco County’s 2002/03 budget for carrying out CHDP Program requirements per Health and Safety Code and the Welfare and Institutions Code. (20)

From Cindy Marcopulos, regarding request for a traffic signal at Bryant Street and Boardman Place in San Francisco. (21)

From Juvenile Probation Department, regarding adopted budget for fiscal year 2002/03. (22)

From Office of the Controller, requesting a hearing before the Rules and Audits Committee on October 1, 2002 for the City’s external auditors to present their Interim Management Letters for the City’s 2001-02 audit. Copy: Supervisor Hall, Clerk of the Board, Rules and Audits Committee Clerk (23)

From AT&T Broadband, submitting notice of a postponement to programming adjustments to October 9, 2002. (24)

Number not used. (25)

From various City departments and other agencies, submitting Conflict of Interest Code Review Report (Campaign and Governmental Conduct Code, Article III, Chapter 1.) Copy: City Attorney’s Office: (26)
Fire Department
Department of Aging and Adult Services
S.F. Children and Families First Commission
City College of San Francisco
Landmarks Preservation Advisory Board
Art Commission
Finance Corporation
District Attorney

From Planning Department, regarding the alternative review process for Planning Commission decisions. (27)

From Department of Public Health, submitting copy of the underground storage tank unauthorized release contamination site report for August 2002. (28)

From Police Department, concerning the shooting of an eight year old child at Valencia and McCoppin Streets on July 28, 2002. (Reference No. 20020729-013) Copy: Supervisor Daly (29)

From Office of the Mayor, regarding Fleet Week’s October 2002 activities and the 3rd "Community Emergency Preparedness Faire" at the Marina Green on October 12th and 13th. (30)

From James Miller, urging the Board of Supervisors to put more money in the budget for the seven swimming pools in San Francisco. (31)

From Larry Armstrong, submitting copy of letter sent to Governor Davis urging him to veto the Cardoza Bill (AB2637) regarding air quality in California. (32)

From Office of the Treasurer, submitting the Cash Differences and Overages Fund report for the period ending August 31, 2002. (33)

From Jim Wolff, commenting on the damage from motor vehicles to the Panhandle of Golden Gate Park. (34)

From Barry Crowther, regarding the attitude of some cable car operators. Copy: Muni (35)

From Terry Johnson, submitting opposition to the Bush administrations plan for war with Iraq and requesting the Board of Supervisors pass a resolution urging peace now in the city of San Francisco. (36)

From San Francisco Bay Area Rapid Transit District (BART), regarding BART’s plans to ensure the safety of the public during an area emergency. (37)

From Redevelopment Agency, submitting financial and performance reports for the fiscal year ended June 30, 2002. (38)

From Juvenile Probation Department, submitting the Department’s programs, services and data regarding youth 14 to 18 years of age. (Reference No. 20020805-006) Copy: Supervisor Ammiano (39)

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.

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@sfgov.org
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.sfgov.org/bdsupvrs/sunshine.htm

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

Last updated: 11/19/2013 8:16:44 AM

	APPROVAL OF MEETING MINUTES


	Motion to approve the July 8, July 15, July 22, July 29 and August 5, 2002 Meeting Minutes.

	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.

	Recommendations of the Rules and Audits Committee






		Present: Supervisors Hall, Gonzalez, Sandoval


1.	021288	[Settlement of Lawsuit]
		Ordinance authorizing settlement of the lawsuit filed by Percival Agoncillo against the City and County of San Francisco for $62,500; the lawsuit was filed on November 17, 1999 in San Francisco Superior Court, Case No. 307-953; entitled Percival Agoncillo v. City and County of San Francisco. (City Attorney)

		(Public Benefit Recipient.)
		8/26/2002, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


2.	021323	[Settlement of Lawsuit]
		Ordinance authorizing settlement of the lawsuit filed by Lee Reese against the City and County of San Francisco for $72,500.00; the lawsuit was filed on February 23, 2000 in Superior Court, Case No. 310-163; entitled Lee Reese v. California Bethel AME-Church, Inc., City and County of San Francisco, et al. (City Attorney)

		(Public Benefit Recipient.)
		8/26/2002, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


3.	021449	[Settlement of Lawsuit]
		Ordinance authorizing offer of settlement of the lawsuit filed by Dillingham Construction N.A., Inc. against the City and County of San Francisco for $350,000.00; the lawsuit was filed on March 19, 2001 in San Mateo County Superior Court, Case No. 416236; entitled Dillingham Construction N.A., Inc., et al., v. City and County of San Francisco, et al; other material terms of said settlement are that the settlement amount is to be paid through the release of such monies from the retention account for SFIA Airport Contract No. 5500.J North Connector Package in exchange for dismissal with prejudice of the lawsuit and the waiver of costs and attorneys fees. (City Attorney)

		(No Public Benefit Recipient.)
		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Transportation and Commerce Committee






		Present: Supervisors McGoldrick, Hall


4.	021316	[Federal Grant - Municipal Transportation Agency]
		Resolution authorizing the Municipal Transportation Agency Board to accept and expend $50,000 of Federal Assistance for Emergency Preparedness Drills, excluding Administrative Overhead Costs. (Municipal Transportation Agency)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


5.	021317	[Accept - Expend Local Funds]
		Resolution authorizing the Municipal Transportation Agency to accept and expend $514,664 of Carl Moyer Program funds for Municipal Railway Transit Project. (Municipal Transportation Agency)

		(Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


6.	021360	[State grant funds of $100,000 for a study of the coastal erosion occurring at Ocean Beach and potential methods of control]	Supervisor McGoldrick
		Resolution authorizing the Department of Public Works to accept and expend a grant in the amount of $100,000 from the Coastal Resources Grant Program for the Ocean Beach Erosion Control Project in the City and County of San Francisco.

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?






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

	From the Clerk




		(Only one of the following two motions should be adopted.)


7.	021241	[Appeal, Conditional Use, 1598 Dolores Street]
		Motion approving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1.


		8/12/2002, CONTINUED. Continued to August 26, 2002.

		8/26/2002, CONTINUED. Continued to September 17, 2002.


		Question: Shall this Motion be ADOPTED?


8.	021242	[Appeal, Conditional Use, 1598 Dolores Street]
		Motion disapproving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1.


		8/12/2002, CONTINUED. Continued to August 26, 2002.

		8/26/2002, CONTINUED. Continued to September 17, 2002.


		Question: Shall this Motion be ADOPTED?


9.	021243	[Findings - 1598 Dolores Street Appeal]
		Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1058C, on property located 1598 Dolores Street, for action by the Board at its next meeting.


		8/12/2002, CONTINUED. Continued to August 26, 2002.

		8/26/2002, CONTINUED. Continued to September 17, 2002.


		Question: Shall this Motion be ADOPTED?


10.	021245	[Appeal, Conditional Use, 2863 California Street]
		Motion approving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, and adopting findings pursuant to Planning Code Section 101.1.


		8/19/2002, CONTINUED. Continued to August 26, 2002.

		8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.


		Question: Shall this Motion be ADOPTED?


11.	021246	[Appeal, Conditional Use, 2863 California Street]
		Motion disapproving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)


		8/19/2002, CONTINUED. Continued to August 26, 2002.

		8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.


		Question: Shall this Motion be ADOPTED?


12.	021247	[Findings - 2863 California Street]
		Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2002.0408C, on property located 2863 California Street, for action by the Board at its next meeting. (Clerk of the Board)


		8/19/2002, CONTINUED. Continued to August 26, 2002.

		8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.


		Question: Shall this Motion be ADOPTED?

	Recommendations of the Finance Committee






		Present: Supervisors Peskin, Daly, Maxwell


13.	021404	[Setting San Francisco’s fiscal year 2002-2003 property tax rate and establishing pass-through rate for residential tenants]
		Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2003. (Controller)


		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


14.	021405	[Setting San Francisco Community College District’s fiscal year 2002-2003 property tax rate to be included in the City’s overall property tax rate]
		Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2003. (Controller)


		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


15.	021406	[Setting San Francisco’s Unified School District’s fiscal year 2002-2003 property tax rate to be included in the City’s overall property tax rate]
		Ordinance providing revenue and levying property taxes for San Francisco Unified School District’s purposes for the fiscal year ending June 30, 2003. (Controller)


		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


16.	021407	[Rescind funding for the Art Commission for municipal symphony concerts using property tax revenue]
		Ordinance rescinding $31,964 in appropriation authority for the municipal symphony concerts using property tax revenue, pursuant to Charter Section 16.106(1) for the Art Commission for fiscal year 2002-03. (Controller)


		8/26/2002, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Health and Human Services Committee






		Present: Supervisors Daly, Maxwell


17.	012186	[Regulation of Diesel Backup Generators]	Supervisors Maxwell, Daly, Gonzalez
		Ordinance amending the San Francisco Health Code by adding a new Article 30 to: (1) establish a registration program within the Department of Public Health for diesel backup generators used by facilities in the City and County of San Francisco; (2) require new backup diesel generators to have air emission control technologies; (3) limit the operation of diesel backup generators during non-emergency situations; (4) establish a recordkeeping requirement for the operation of diesel backup generators; and (5) provide for an enforcement mechanism for violations of the requirements of this Ordinance.


		2/4/2002, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing same title.

		4/15/2002, RE-REFERRED to Health and Human Services Committee.

		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Public Works and Public Protection Committee






		Present: Supervisors Sandoval, Gonzalez


18.	021095	[Notification of Solicitations]	Supervisors Sandoval, Daly
		Ordinance amending the San Francisco Administrative Code by amending Section 12 D.A. 9. to require that all contract awarding authorities submit current bids, requests for proposals and solicitations to the Purchaser of Supplies of the City and County of San Francisco and cause to be posted on a Purchaser’s website certain information concerning current bids, requests for proposals and solicitations.


		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


19.	021201	[Building Code]	Supervisor Sandoval
		Ordinance repealing the San Francisco Building Code and adopting, in its entirety, a new San Francisco Building Code. (Building Inspection Department)

		(Companion measure to File 021202.)
		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


20.	021203	[Electrical Code]	Supervisor Sandoval
		Ordinance repealing the San Francisco Electrical Code and adopting, in its entirety, a new San Francisco Electrical Code. (Building Inspection Department)

		(Companion measure to File 021204.)
		8/26/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?