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November 12, 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, November 12, 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
 
 
 
 

APPROVAL OF MEETING MINUTES
 
 
 
 

AGENDA CHANGES
 
 
Motion to approve the October 7, 2002 and October 15, 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.
 
 
 

Items 1 through 10
 
 
 
 

Recommendations of Finance Committee
 
 
Present: Supervisors Peskin, Daly, Maxwell
 

1. 021715 [Lease of Real Property]
Resolution authorizing a new lease of real property at 1305 and 1309 Evans Avenue on behalf of the Department of Public Health, Children’s System of Care and Family Mosaic. (Real Estate Department)
(Public Benefit Recipient; District 10.)

 
Question: Shall this Resolution be ADOPTED?

2. 021716 [Airport $3.5 Million Federal Grant]
Resolution authorizing the Airport Commission to accept and expend grant funds in the amount of $3,503,877.00 from the U. S. Department of Transportation’s Federal Aviation Administration for the purpose of reimbursing airports for extraordinary operating costs incurred as a result of the events of September 11, 2001 as authorized by the Aviation and Transportation Security Act of 2001. (Airport Commission)
(Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

3. 021773 [Accept-Expend State Grant - $1,000,000] Supervisors Peskin, Daly
Resolution authorizing the San Francisco Port Commission to accept and expend grants in the total amount of One Million Dollars ($1,000,000) from the California Coastal Conservancy, the Association of Bay Area Governments San Francisco Bay Trail Project, the California Transportation Commission Environmental Enhancement and Mitigation Program and the State of California Wildlife Conservation Board for the Ferry Terminal Public Pier Project.
(No Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

4. 021774 [Accept-Expend State Grant - $500,000.00] Supervisor Peskin
Resolution authorizing the San Francisco Port Commission to accept and expend a federal grant in the amount of $500,000.00 from the Federal Transportation Security Administration to fund the Port’s security assessment efforts.
(No Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

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

5. 020672 [Appointment]
Resolution appointing Deidre Von Rock, William Wong, and John Hentz, terms to be determined, to the Citizen’s General Obligation Bond Oversight Committee, residency requirement waived.
Deidre Von Rock, new position, seat 1, must be active in a business organization representing the business community located within the City, for a new two-year term to be determined;
William Wong (residency requirement waived), new position, seat 2, must be active in labor organizations, for a new two-year term to be determined;
John Hentz, new position, seat 3, must be active in community organization, for a new two-year term to be determined.

 
Question: Shall this Resolution be ADOPTED?

6. 021714 [Settlement of Claim - Nancy Cowhig]
Resolution approving the settlement of the unlitigated claim filed by Nancy Cowhig against San Francisco for $60,000; claim was filed on December 12, 2001. (City Attorney)
(Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

7. 021084 [Appointment]
Resolution appointing Julia Viera, Joseph Porcoro, John Omernik, Stephen Shinn, Machaela Hoctor, Deborah Mansfield, Nino Parker, and Marc Anthony Bruno, indefinite terms, to the Graffiti Advisory Board, residency requirement waived.
Julia Viera, new position, seat 4, must represent a nonprofit organization who provides services related to the City’s beautification and neighborhood cleanup programs, for an indefinite term;
Joseph Porcoro, new position, seat 5, must represent a nonprofit organization who provides services related to the City’s beautification and neighborhood cleanup programs; for an indefinite term;
John Omernik, new position, seat 8, must represent private schools in San Francisco, for an indefinite term;
Stephen Shinn (residency requirement waived), new position, seat 9, must represent the contracting agency for Municipal Railway Shelters, for an indefinite term;
Machaela Hoctor (residency requirement waived), new position, seat 10, must be an at-large member with knowledge in graffiti issues, for an indefinite term;
Deborah Mansfield, new position, seat 11, (non-voting member) must represent neighborhood organizations from varying districts in San Francisco, for an indefinite term;
Nino Parker, new position, seat 12, (non-voting member) must represent neighborhood organizations from varying districts in San Francisco, for an indefinite term;
Marc Anthony Bruno, new position, seat 13, (non-voting member) must represent neighborhood organizations from varying districts in San Francisco, for an indefinite term.

 
Question: Shall this Resolution be ADOPTED?

 
 
 

Recommendations of the Health and Human Services Committee
 
Present: Supervisors Daly, Leno, Maxwell
 

8. 021585 [Treatment on demand substance abuse services and evaluation in San Francisco] Supervisors Leno, Daly
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $1,000,000 from the Substance Abuse and Mental Health Services Administration (SAMHSA) to continue treatment on demand services and evaluation and to enter into an agreement for the use of these funds; for the period of August 1, 2002, to July 31, 2003. (Public Health Department)
 
Question: Shall this Resolution be ADOPTED?

9. 021674 [Plans for public health preparedness and response to bioterrorism]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant allocation in the amount of $766,187 from the California Department of Health Services (CDHS) to further develop and implement plans for public health preparedness and response to bioterrorism and to enter into an agreement for the use of these funds; for the period of July 1, 2002 to June 30, 2003. (Public Health Department)
 
Question: Shall this Resolution be ADOPTED?

10. 021713 [Preventive oral health care among various ethnic/racial caregivers of children in San Francisco between 1 and 5 years of age]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $129,938 with The Regents of the University of California (UCR), the primary contractor, to understand ethnic/racial cultural differences related to children’s oral health, under the second year of an award from the National Institutes of Health (NIH); for the period of August 1, 2002, to July 31, 2003. (Public Health Department)
(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
 
 
 

Recommendation of the Health and Human Services Committee
 
Present: Supervisors Daly, Leno, Maxwell
 

11. 011498 [Identification and Use of Surplus City Property for Housing] Supervisors Daly, Gonzalez
Ordinance adding San Francisco Administrative Code Chapter 23A to identify and establish Board policy regarding surplus, unutilized and underutilized City real property for housing for the homeless.
5/13/2002, SUBSTITUTED. Supervisor Daly submitted a draft substitute ordinance bearing new title.
10/28/2002, PASSED ON FIRST READING.
11/4/2002, CONTINUED. Continued to November 12, 2002 Supervisor Gonzalez requested to be added as a co-sponsor.
 
Question: Shall this Ordinance be FINALLY PASSED?

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

12. 021467 [Amend Police Code add Section 681] Supervisors Yee, Peskin
Ordinance amending the San Francisco Police Code Chapter 6, by adding Section 681 to prohibit the parking of large vehicles for the purpose of displaying commercial advertising.
11/4/2002, PASSED ON FIRST READING. Supervisor Peskin requested to be added as a co-sponsor.
 
Question: Shall this Ordinance be FINALLY PASSED?

 
 
 
 

From Transportation and Commerce Committee "Without Recommendation"
 
 
Present: Supervisors McGoldrick, Hall, Ammiano
 

13. 020678 [Increase in Cap on Mean Gate Fee for Taxis and Increase Taxi Fares] Supervisors Hall, Yee
Ordinance amending Section 1135.1 of the Police Code to increase the mean gate fee cap for taxis to $90 per shift; amending Section 1135 of the Police Code to increase rates of fare for taxicabs to $2.75 for the first sixth of a mile, $0.45 for each additional fifth of a mile or fraction thereof, and $0.45 for each one minute of waiting or traffic delay time; and amending Section 1137 of the Police Code to provide that the Controller make future determinations every odd-numbered year as to the mean gate fee cap and the rates of fare for taxicabs, based on changes in the Consumer Price Index.
11/4/2002, CONTINUED. Continued to November 12, 2002
 
Question: Shall this Ordinance be PASSED ON FIRST READING?

14. 021846 [Increase in Cap on Mean Gate Fee for Taxis and Increase Taxi Fares] Supervisor Ammiano
Ordinance amending Sections 1135, 1135.1, and 1137 of the Police Code to increase the mean gate fee cap for taxis to $90 per shift, provided that certain conditions are fulfilled, and allowing for the sunsetting of the increase under certain circumstances; increase rates of fare for taxicabs to $2.75 for the first fifth of a mile, $0.45 for each additional fifth of a mile or fraction thereof, and $0.45 for each one minute of waiting or traffic delay time; and require the Controller to make future determinations every even-numbered year as to the mean gate fee cap and the rates of fare for taxicabs, based on changes in the Consumer Price Index and related information submitted to the Controller by taxicab companies.
11/4/2002, CONTINUED. Continued to November 12, 2002
 
Question: Shall this Ordinance be PASSED ON FIRST READING?

 
 
 
 

NEW BUSINESS
 
 
 
 

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

15. 020994 [Approve expenditure of funds for emergency contract CW-336E]
Resolution approving the expenditure of funds for emergency contract CW-336E in the amount of $441,000 to replace variable frequency drives for main lift pumps at the Southeast Water Pollution Control Plant. (Public Utilities Commission)
(Fiscal impact; No Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

16. 021647 [Federal grant funds of $9,375,000 for building the South Basin Bridge in San Francisco] Supervisor Maxwell
Resolution authorizing the Director of Public Works to accept and expend $9,375,000 in federal Transportation Equity Act for the 21st Century (TEA21) Demonstration Funds with required local matching funds of $2,343,750 to undertake environmental studies related to the feasibility of building the South Basin Bridge in the City and County of San Francisco, provided that no general fund monies will be allocated to the project; placing $7,497,891 on reserve.
(Fiscal impact; No Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

 
Present: Supervisors Peskin, Maxwell
 

17. 021667 [Fiscal Year 2002-03 California Constitution Appropriations Limit]
Resolution establishing the appropriations limit for Fiscal Year 2002-03 pursuant to California Constitution Article XIII B. (Controller)
(No Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

 
 
 

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

18. 020890 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuits filed by Harsch Investment Corp. against the City and County of San Francisco for Harsch’s payment of $1,464,000.00 to four affordable housing projects; the lawsuits were filed on July 19, 1994 in San Francisco Superior Court, Case No. 962-445; on November 12, 1996 in San Francisco Superior Court, Case No. 982-474; and on February 23, 1994 in United States District Court, Northern District of California, Case No. C-94-0629-DLJ; all entitled Harsch Investment Corp., v. City and County of San Francisco, et al. (City Attorney)
(No Public Benefit Recipient.)

Supervisor Sandoval dissenting in committee.

 
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 021644 [Amend Administrative Code Section 10.20-1 - City Claims Procedures] Supervisor Hall
Ordinance amending the San Francisco Administrative Code by amending Section 10.20-1 to require that all claims for damages against the City, including those categories listed in Government Code Section 905, follow the procedures set forth in the Administrative Code unless specifically excepted by other laws.
 
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 021845 [Appointment]
Resolution appointing Dietrick Falkenthal, term ending January 31, 2006, to the Veterans Affairs Commission.
Dietrick Falkenthal, succeeding Edwin Wilkerson, term expired, seat 10, must be an at-large appointment, for a new four-year term ending January 31, 2006.

 
Question: Shall this Resolution be ADOPTED?

 
 
 

Recommendation of the Health and Human Services Committee
 
Present: Supervisors Daly, Leno, Maxwell
 

21. 021805 [Accept-Expend DOC Beverage Container Recycling Grant]
Resolution authorizing the Department of Environment to retroactively accept and expend a grant in the amount of $450,330 from the State Department of Conservation (DOC) for Fiscal Year 2002/2003. (Environment)
(No Public Benefit Recipient.)

 
Question: Shall this Resolution be ADOPTED?

 
 
 

SPECIAL ORDER 3:00 P.M.
 
 
 

Board of Supervisors Sitting as a Committee of the Whole
 
 
 

Pending approval of File 021866
 
 
 

22. 021867 [Legislative Analyst’s Report on the 2000 Census Data by Supervisorial District]
Hearing before the full Board of Supervisors to discuss the Office of the Legislative Analyst’s Report on the 2000 Census Data by supervisorial district. (Clerk of the Board)
 
Action:___________________________

 
 
 

SPECIAL ORDER 3:00 P.M.
 
 
 

23. 021710 [Public Hearing - Appeal, Discretionary Review, 281-285 Edgewood Avenue]
Hearing of persons interested in or objecting to the Planning Director’s Discretionary Review dated September 30, 2002, Case No. 2002.0803DDDD, recommending approval, with certain revisions, of Building Permit Application Nos. 2002.03.15.1545, 2002.03.21.2036 and 2002.03.15.1556, proposing to construct a new, 27-foot tall single-family dwelling and a detached garage on a vacant lot, and to construct a second detached garage on an adjoining lot, within an RH-1(D) (Residential House, One-Family Detached) District and a 40-X Height and Bulk District, on property located at 281-285 Edgewood Avenue, west side, south of Belmont Avenue; Lots 042 and 043, in Assessor’s Block 2641.
(Appeal filed October 8, 2002; Board final action date: November 18, 2002; companion measure to Files 021711, 021712; District 5.)

 
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.
 
 

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

24. 021711 [Discretionary Review Appeal - 281-285 Edgewood Avenue]
Motion approving decision of the Planning Director approving Discretionary Review 2002.0803DDDD, on property located at 281-285 Edgewood Avenue, pursuant to Emergency Ordinances No. 186-02. (Clerk of the Board)
 
Question: Shall this Motion be ADOPTED?

25. 021712 [Discretionary Review Appeal - 281-285 Edgewood Avenue]
Motion disapproving decision of the Planning Director approving Discretionary Review 2002.0803DDDD, on property located at 281-285 Edgewood Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)
 
Question: Shall this Motion be ADOPTED?

26. 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.
 
 

27. 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
 
 

CLOSED SESSION
 
 
 

CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff or Defendent
 
 
 

28. 021578 [Anticipated Litigation - AT&T Broadband et al.]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation (City anticipated to be a plaintiff or defendant) which may occur with Television Signal Corporation and AT&T Broadband et al. regarding compliance with the City’s cable television franchise and AT&T Broadband’s proposed merger with Comcast. (City Attorney)
This closed session would be permitted by Government Code Section 54956.9(b) and (c) and the San Francisco Administrative Code Section 67.10(d).
(10/15/02 Continued to November 12, 2002.)

 
Question: Shall this Motion be ADOPTED?

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

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

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

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 29 through 40
 
 
 

29. 021866 [Committee of the Whole] Supervisor Sandoval
Motion scheduling a Committee of the Whole on November 12th, 2002, at 3:00 PM to hold a hearing of the Legislative Analyst Report on the 2000 Census Data by supervisorial district.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Board to sit as a Committee of the Whole on November 12, 2002, at 3:00 PM.
 
Question: Shall this Motion be ADOPTED?

30. 021649 [Support "Principles for a More Secure San Francisco"] Supervisors Peskin, Daly, Sandoval
Resolution supporting "Principles for a More Secure San Francisco," as proposed by the Service Employees International Union, the largest security officer union in the nation, to provide higher standards for the private security industry.
9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
10/7/2002, CONTINUED. Supervisor Peskin requested this matter to be severed so it could be considered separately. Supervisors Sandoval and Daly requested to be added as co-sponsors. Continued to November 4, 2002.
 
Question: Shall this Resolution be ADOPTED?

31. 021821 [Commending Mark Leno] Supervisors Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Resolution commending Mark Leno for his distinguished service as Supervisor of the City and County of San Francisco.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

32. 021822 [Commending Leland Yee] Supervisors Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Resolution commending Leland Yee for his distinguished service as Supervisor of the City and County of San Francisco.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

33. 021861 [Declare 11/20/02 AIDS Emergency Fund Day] Supervisor Leno
Resolution declaring November 20, 2002, AIDS Emergency Fund Day in celebration of their 20th anniversary.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

34. 021862 [Declare 11/20/02 Transgender Day of Remembrance] Supervisor Leno
Resolution declaring November 20, 2002 as Transgender Day of Remembrance in San Francisco and expressing support for the expansion of transgender peoples’ rights.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

35. 021863 [Declare 11/17/02 Virginia and Bill Price Day] Supervisors Leno, Maxwell, McGoldrick, Ammiano
Resolution declaring November 17, 2002 Virginia and Bill Price Day in San Francisco.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

36. 021864 [Urge US Bank to consider establishment of a Bayview Hunters Point community development financial institution] Supervisor Gonzalez
Resolution urging US Bank to consider the establishment of a Bayview Hunters Point community development financial institution at its 3rd and Queseda Street location.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

37. 021868 [Commend Anne Cribbs and BASOC 2012] Supervisors Hall, Peskin, Leno
Resolution commending Anne Cribbs and all the staff and volunteers of the Bay Area Sports Organizing Committee (BASOC) for exhibiting the true Olympic spirit in their valiant bid to host the 2012 Summer Olympic Games.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

38. 021869 [Urge San Francisco Grants for Arts, SFPD, DPT, DPW, community groups to begin organizing and planning for Halloween 2003] Supervisor Ammiano
Resolution urging the San Francisco Grants for the Arts, the San Francisco Police Department, the Department of Parking and Traffic, the Department of Public Works, neighborhood groups, community groups, and other interested parties to begin organizing and planning for Halloween 2003.
11/4/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

39. 021831 [Conference on Economic Development] Supervisors Sandoval, Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee
Resolution supporting a conference on economic development and growth in San Francisco to take place in 2003.
11/6/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
Question: Shall this Resolution be ADOPTED?

40. 021852 [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.
11/4/2002, 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:_________________________________________
 

41. 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 October 31, 2002 through noon on November 4, 2002, for reference by President to appropriate committee on November 12, 2002.
 

021827 [Changing Official Width of Sidewalk]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1556 to change the official sidewalk width on a portion of 16th Street, 246.71 feet southwest of Potrero Avenue; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes. (Public Works Department)
(No Public Benefit Recipient.)

11/1/2002, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee.
 
 

021828 [Changing Official Width of Sidewalk]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1557 to change the official sidewalk width on the on the northwest side of Treat Avenue between Alameda and Florida Streets; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes. (Public Works Department)
(No Public Benefit Recipient.)

11/1/2002, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee.
 
 

021829 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Nonprofits’ Insurance Alliance of California for receipt of an aggregate amount of $26,380.14 from Nonprofits’ Insurance Alliance of California; the City and County of San Francisco filed the lawsuit on March 29, 2002 in San Francisco Superior Court (Case No. 406-211). (City Attorney)
(No Public Benefit Recipient.)

10/31/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee.
 
 

PROPOSED RESOLUTIONS
 
 
Proposed resolutions received from October 31, 2002 through noon on November 4, 2002, for reference by President to appropriate committee on November 12, 2002.
 

021809 [HIV/AIDS confidential counseling and testing services in family planning agency clinics] Supervisor Leno
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $186,000 from the California Family Health Council, Inc. (CFHC), to enhance and expand HIV/AIDS confidential counseling and testing services in family planning agency clinics and to enter into an agreement for the use of these funds; for the period of September 1, 2002, through August 31, 2003. (Public Health Department)
(No Public Benefit Recipient.)

11/4/2002, RECEIVED AND ASSIGNED to Health and Human Services Committee.
 
 

021816 [Enhance the safety of firefighters as required by the State Fire Marshal’s Office] Supervisor Sandoval
Resolution retroactively authorizing the San Francisco Fire Department (SFFD) to accept and expend a new grant in the amount of $409,633 from the Federal Emergency Management Agency (FEMA) to acquire 800 MHz portable radios for all firefighters working in suppression and to transfer from the California Fire Incident Reporting System (CFIRS) to the National Fire Incident Reporting System (NFIRS), for the period of September 15, 2002 through September 14, 2003.
(No Public Benefit Recipient.)

10/28/2002, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee.
11/4/2002, SUBSTITUTED. Fire Department submitted a substitute resolution bearing new title.
11/4/2002, ASSIGNED to Public Works and Public Protection Committee.
 
 

021888 [Petitions and Communications]
Petitions and Communications received from October 31, 2002 through noon on November 7, 2002 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 12, 2002.

From Port, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-042) Copy: Supervisor McGoldrick (1)

From Carl Macmurdo, submitting support for proposed legislation that increases the cap on gate fees for taxis and increases taxi fares. File 020678 (2)

From Juvenile Probation Department, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-015) Copy: Supervisor McGoldrick (3)

From Arts Commission, submitting list of staff recommendations and Commission-approved allocations to the City-owned cultural centers for fiscal year 2002/03. (4)

From Police Department, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-015) Copy: Supervisor McGoldrick (5)

From Department of Children, Youth and Their Families, submitting request for release of reserved funds ($700,000) for programs granted by the Department of Children, Youth and Their Families to cover additional grants to community based organizations. (6)

From S.F. Children and Families Commission, submitting agenda for meeting of November 6, 2002. Copy: Each Supervisor (7)

From Asian Art Museum, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-064) Copy: Supervisor McGoldrick (8)

From Department of Human Resources, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-039) Copy: Supervisor McGoldrick (9)

From Department of Building Inspection, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-036) Copy: Supervisor McGoldrick (10)

From Department of Public Works, submitting copy of letter sent to constituent regarding application for street improvement and minor encroachment permits to construct a privately maintained concrete driveway, with low retaining walls and a sub-drainage system, within an unimproved portion of Shotwell Street, in order to provide vehicular access to a proposed new residence at the subject property. (11)

From Russian Hill Community Association, strongly protesting the refusal by the Clerk of the Board to accept an appeal of Discretionary Review for property located at 1170-1180 Green Street submitted on October 23, 2002 by the Russian Hill Community Association. 2 letters submitted, Copy: Each Supervisor (12)

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 (13)
HIV Health Services Planning Council






From Public Utilities Commission, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-052) Copy: Supervisor McGoldrick (14)

From Aesculapius Imports, submitting request for a premise to premise change for liquor license Types 17, 20 and 09, from 357 Tehama Street to 365 Tehama Street. (15)

From Caltrain, regarding the queries on Caltrain Right of Way Issues. (Reference No. 20020826-002, 003, 005) (16)

From the Port, regarding the financial impact of increased cruise business at the Port of San Francisco. (Reference No. 20020930-002) Copy: Supervisor Leno (17)

From Recreation and Park Department, regarding the Department’s intentions to respond to the threat posted from the West Nile Virus. (Reference No. 20021015-017) Copy: Supervisor Newsom (18)

From Department of Parking and Traffic, submitting analysis of the Controller’s Monthly Spending Rate Report through September 2002. (19)

From Public Utilities Commission, submitting request for waiver of Chapter 12B of the Administrative Code for a construction contract with Mitchell Engineering/J. Fletcher Creamer & Sons, Inc. to complete the San Joaquin Pipeline No. 1 in operation by May 1, 2003 to accommodate peak demand for water supply. (20)

From State Building Standards Commission, submitting letter acknowledging receipt of adoption of the new San Francisco Building, Electrical, Housing, Mechanical and Plumbing Codes on October 28, 2002. (21)

From Office of the Legislative Analyst, submitting analysis of the 2000 Census data for San Francisco as a whole as well as by Supervisorial district. File 012214, Copy: Each Supervisor (22)

From Juvenile Probation Department, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-015) Copy: Supervisor McGoldrick (23)

From Department of Parking and Traffic, submitting copy of letter sent to constituent regarding the lack of street parking on Ocean Avenue between Junipero Serra Boulevard and Phelan Avenue. (Reference No. 20021015-020) Copy: Supervisor Sandoval (24)

From Hoogasian Flowers, submitting request for a double transfer of an off sale general liquor license to 615 7th Street. (25)

From Steve Chan, requesting that "Drug Free Zone" signs be posted at Hallidie Plaza. Copy: Each Supervisor (26)

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 10 letters and postcards (27)

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 (28)
HIV Health Services Planning Council

From various signators, submitting Form 700 Statement of Economic Interests (29)
Barry R. Flynn

From Mayor’s Office of Housing, submitting fourth annual report on the Affordable Housing and Home Ownership Bond Program. (30)

From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under management. (31)

From Office of the Controller, submitting report concerning the investigation of allegations that the Housing Rights Committee of San Francisco had used for political purposes some of the funds allocated to it by the Mayor’s Office of Community Development. (32)

From Jim Kennedy, commenting on proposed legislation regarding increasing gate fees and fares for taxis. (33)

From Office of the City Attorney, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-032) Copy: Supervisor McGoldrick (34)

From S.F. Housing Authority, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-012) Copy: Supervisor McGoldrick (35)

From Office of the City Administrator, regarding expenditures for publication of official advertising notices. (Reference No. 20020930-065) Copy: Supervisor McGoldrick (36)

From Department of Elections, regarding City Employees assisting the Department of Elections for the November 5, 2002 General Consolidated Election. Copy: Supervisor Ammiano, Elections Commission (37)

From Office of the Treasurer, submitting report on the Cash Differences and Overages Fund for the period ending October 31, 2002. (38)

From Office of the Controller, submitting a cost analyst of an ordinance amending the 2002-03 Annual Salary Ordinance to provide for compensation for employees called to active military duty in response to the September 11th 2001 terrorist attacks. (39)

From concerned citizens, regarding the Halloween Party in the Castro District on October 31, 2002. 3 letters (40)

From concerned citizens, submitting petition supporting the nomination of William Lee to Seat No. 7 of the Planning Commission. (41)

From John Jenkel, commenting on various topics. (42)

From AT&T Broadband, regarding the Advanced Digital Network Launch. (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 cablecast on SF Cable 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.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. Providing 48 hours’ notice will help to ensure availability.
For American Sign Language interpreters, use of a reader during a meeting, or sound enhancement system, contact Ohn Myint at (415) 554-7704. The Clerk of the Board’s Office TTY number is (415) 554-5227.
For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
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/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: 8/18/2009 1:46:47 PM