Board of Supervisors : November 18, 2002

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

AGENDA
Monday, November 18, 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

Motion to approve the October 21, 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.

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Health and Human Services Committee

Present: Supervisors Daly, Leno, Maxwell

1. 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.

11/12/2002, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

11/12/2002, CONTINUED AS AMENDED ON FINAL PASSAGE. Continued to November 18, 2002

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules and Audits Committee

Present: Supervisors Hall, Gonzalez, Sandoval

2. 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.

11/12/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

3. 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.

11/12/2002, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Finance Committee

Present: Supervisors Peskin, Daly

4. 021754 [Re-appropriating funding for three positions to operate and maintain audio, video and security systems]
Ordinance re-appropriating $127,577 of existing funding for three positions to operate and maintain audio, video, and security systems by the Administrative Services - Convention Facilities Management for Fiscal Year 2002-2003, and Amending Annual Salary Ordinance for Fiscal Year 2002-03. (Controller)

(No Public Benefit Recipient; companion measure to File 021793.)

Question: Shall this Ordinance be FINALLY PASSED?

5. 021793 [Public Employment] Supervisor Gonzalez
Ordinance amending Ordinance No. 175-02 (Annual Salary Ordinance 2002/03) setting rates in the 2002-2003 Compensation Plan for two new classifications, establishing a budget for three positions, and deleting three positions in Convention Facilities for fiscal year 2002-03. (Human Resources Department)

(No Public Benefit Recipient.)

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Peskin, Daly, Maxwell

6. 021808 [Compensation for Employees Called to Active Military Duty in Response to International Terrorism] Mayor
Ordinance amending the 2002-2003 Annual Salary Ordinance to entitle City officers or employees called to active duty with a military reserve organization to receive from the City the difference between the amount of the individual's military pay and the amount the individual would have received as a City officer or employee had the individual worked his or her normal work schedule. (Mayor)

Question: Shall this Ordinance be FINALLY PASSED?

7. 021776 [Third Amendment to Moscone Project Lease] Mayor
Resolution approving and authorizing the execution and delivery of a Third Amendment to the Project Lease; approving the issuance of the Redevelopment Agency of the City and County of San Francisco Lease Revenue Refunding Bonds, Series 2002 (George R. Moscone Convention Center); providing that the principal amount of the Bonds to be issued shall not exceed an amount that will produce a net present value savings of at least three percent; approving the form of an Official Statement with respect thereto; and authorizing and ratifying the execution and delivery documents necessary for the issuance, sale and delivery of the Bonds. (Mayor)

(No Public Benefit Recipient.)

page break
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 No. 021439.)

8. 021442 [Hearing - 601 King Street]
Hearing to consider legislation contained in File Nos. 021297 and 012042 regarding King Street.

(Companion measure to Files 012042, 021297, 021439.)

8/19/2002, CONTINUED. Supervisor Daly requested that this item be continued to November 18, 2002.

Action:___________________________

Committee of the Whole Rise and Report Without Recommendation

Called From Transportation and Commerce Committee by Supervisor Daly

9. 021297 [CEQA Findings] Supervisor Daly
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 601 King Street Project.

8/8/2002, CALLED FROM COMMITTEE.

8/19/2002, CONTINUED. Supervisor Daly requested that this item be continued to November 18, 2002.

Question: Shall this Resolution be ADOPTED?

10. 012042 [Zoning Map Amendment - King and Seventh Streets] Supervisor Daly
Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco, Section Map 8H, to change the height and bulk district designation of Assessor's Block 3800, Lots 1 and 2, at King and Seventh Streets, from 50-X to 65-X; and making findings of consistency with the General Plan and Planning Code Section 101.1.

8/8/2002, CALLED FROM COMMITTEE.

8/19/2002, CONTINUED. Supervisor Daly requested that this item be continued to November 18, 2002.

Question: Shall this Ordinance be FINALLY PASSED?

SPECIAL ORDER 3:00 P.M.

11. 021760 [Public Hearing - Appeal, Discretionary Review - 1515-18th Avenue]
Hearing of persons interested in or objecting to the Planning Director's Discretionary Review dated October 11, 2002, Case No. 2002.0174D, recommending approval of Building Permit Application No. 2001.12.26.591, Case No. 2002.0174D, proposing to construct a 11' X 12' deck and stairs 12' above grade at the rear of the single-family dwelling located in an RH-1 (Residential, House, One-Family) District and a 40-X Height/Bulk District, on property located at 1515-18th Avenue, west side between Kirkham and Lawton Streets; Lot 001E, in Assessor's Block 1864.

(Appeal filed October 10, 2002; Board final action date: November 18, 2002; companion measure to Files 021761, 021762; District 10.)

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.)

12. 021761 [Discretionary Review Appeal, 1515-18th Avenue]
Motion approving decision of the Planning Director approving Discretionary Review Case No. 2002.0174D, on property located at 1515-18th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

13. 021762 [Discretionary Review Appeal - 1515-18th Avenue]
Motion disapproving decision of the Planning Director approving Discretionary Review Case No. 2002.0174D, on property located at 1515-18th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 3:00 P.M.

14. 021748 [Public Hearing - Appeal, Discretionary Review - 594-48th Avenue]
Hearing of persons interested in or objecting to the Planning Director's Discretionary Review recommendation dated September 30, 2002, Case No. 2002.0718DDDDD, approving Permit Application No. 2002.03.20.1980, subject to certain revisions, proposing the addition of a partial third story and roof deck to an existing single-family home in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk district, on property located at 594-48th Avenue, northeast corner of Anza Street and 48th Avenue; Lot 16M, in Assessor's Block 1497.

(Appeal filed October 15, 2002; Board final action date: November 25, 2002; companion measure to Files 021749, 021750; District 1.)

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.)

15. 021749 [Appeal, Discretionary Review - 594-48th Avenue]
Motion approving decision of the Planning Director approving Discretionary Review Case No. 2002.0718DDDDD, on property located at 594-48th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

16. 021750 [Appeal, Discretionary Review - 594-48th Avenue]
Motion disapproving decision of the Planning Director approving Discretionary Review Case No. 2002.0718DDDDD, on property located at 594-48th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

SPECIAL ORDER 3:00 P.M.

17. 021764 [Public Hearing - Appeal, Conditional Use, 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
Hearing of persons interested in or objecting to the decision of the Planning Director by Motion No. 16468 dated October 10, 2002, received by the Clerk's Office on October 23, 2002, approving conditional use application No. 2001.1126C, subject to modifications, to merge 6 lots into one lot with a total area greater than 9,999 square feet pursuant to Planning Code Section 712.11; to allow the construction of 8 dwelling units without the required off-street parking pursuant to Section 161(j); to allow a large retail store (Walgreens Pharmacy) to occupy commercial space (10,000 gross square feet) on the ground floor and on a new mezzanine in excess of 5,999 square feet pursuant to Section 712.21 under Planning Department's modifications to proposed project; and adopting findings relating to the disapproval of a conditional use application to allow a large retail store (Walgreens Pharmacy) to occupy commercial space (12,800 gross square feet) on the ground floor and on a new mezzanine in excess of 5,999 square feet pursuant to Section 712.21 under the proposal submitted to the Department by the project sponsor. The project site is located in an NC-3 (Moderate-Scale Neighborhood Commercial) District and in a 65-X-Height and Bulk District, and in an RH-1 (Residential, One-Family) District in a 40-X Height and Bulk District on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater), north side of Geneva Avenue, between Paris and London Streets; Lots 5-10 on Assessor's Block 6409.

(Appeal filed October 23, 2002; Final Negative Declaration adopted and issued June 13, 2002; Case No. 2001.1126C; companion measure to Files 021765, 021766, 021767, 021795; District 11.)

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.)

18. 021765 [Appeal, Conditional Use, 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
Motion approving decision of the Planning Director by Motion No. 16468, approving Conditional Use Application No. 2001.1126C, on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater), and adopting findings pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

19. 021766 [Zoning Appeal - Disapproving decision of Planning Director, conditional use appeal, 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
Motion disapproving decision of the Planning Director by Motion No. 16468, approving Conditional Use Application no. 2001.1126C, on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater); approving Conditional Use Application No. 2001.1126C for property located at 965-985 Geneva Avenue and 852 Paris Street, subject to the conditions imposed by the Planning Director in his Motion No. 16468, as modified herein, and further subject to additional conditions imposed by the Board of Supervisors as set forth herein, and adopting findings pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

20. 021767 [Findings - 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2001.1126C, on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater), for action by the Board at its next meeting. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

21. 021795 [Environmental Review]
Motion certifying review of Final Negative Declaration relating to proposed Conditional Use of property at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater), and adopting findings pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

From Transportation and Commerce Committee

The following item will be considered by the Transportation and Commerce Committee at a Special Meeting on Monday, November 18, 2002, at 10:00 A.M. The Chair intends to request the Committee to send the following item to the Board as a committee report.

22. 020678 [Increase in Cap on Mean Gate Fee for Taxis and Increase Taxi Fares] Supervisors Hall, Ammiano, Yee
Ordinance amending Sections 1079, 1135, 1135.1, and 1137 of the Police Code, and adding Section 1137.5, to increase the mean gate fee cap for taxis to $91.50 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 $2.85 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; 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, with such determinations going into effect unless disapproved or modified by Board resolution; provide for offsetting increased costs to the paratransit program arising from meter fare increases; and prescribe a role for the Controller in analyzing the economic impact of prospective or actual decisions by the Taxi Commission and/or Board of Appeals to authorize the issuance of additional taxi permits, and recommending legislative adjustments to address adverse economic impacts.

11/4/2002, CONTINUED. Continued to November 12, 2002

11/12/2002, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

11/12/2002, REFERRED to Transportation and Commerce Committee. Referred to a Speical Meeting of the Transportaiton and Commerce Committee on November 18, 2002 at 10:00 a.m.

Question: Shall this Ordinance be FINALLY PASSED?

23. ROLL CALL FOR INTRODUCTIONS

Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

24. PUBLIC COMMENT

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

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST

These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

25. 021905 [Legislative Analyst Request] Supervisor Daly
Motion asking the Legislative Analyst to assess funding for crime labs and DNA testing in comparable cities, identify the current backlog at the SFPD crime lab, and provide recommendations on how to increase capacity and efficiency at the crime lab.

Question: Shall this Motion be ADOPTED?

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff or Defendant

26. 021578 [Anticipated Litigation - Comcast]
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 Comcast regarding compliance with the City's cable television franchise. (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.)

11/12/2002, CONTINUED. Continued to November 18, 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 27 through 33

27. 021439 [Committee of the Whole - 601 King Street] Supervisor Daly
Motion scheduling a Committee of the Whole to consider legislation regarding 601 King Street, to be held on November 18, 2002 at 3:00 PM.

8/12/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

8/19/2002, AMENDED. Supervisor Daly moved to amend to change the dates on lines 4 and 6 to change the date from"August 19, 2002" to "November 18, 2002".

8/19/2002, CONTINUED AS AMENDED. Supervisor Daly requested that this item be continued to November 18, 2002.

Question: Shall this Motion be ADOPTED?

28. 021904 [Committee of the Whole] Supervisor Maxwell
Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on December 9, 2002, at 3:00 p.m. to hold a hearing to consider adopting a Resolution of Necessity in connection with a proposal to acquire by eminent domain portions of Lot 24 in San Francisco Assessor's Block 5474, located at Keith Street and LeConte Avenue, and adjacent portions of Keith Street and LeConte Avenue, for the construction of a substation for the Third Street Light Rail Project.

11/12/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Board to sit as a committee of the whole, to hold a public hearing on December 9, 2002, at 3:00 p.m.

Question: Shall this Motion be ADOPTED?

29. 021896 [Establish SF Abuse Free Zone] Supervisors Ammiano, Daly
Resolution urging the San Francisco Board of Supervisors to establish San Francisco as an Abuse Free Zone.

11/12/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 021898 [Commend San Francisco Urban Service Project] Supervisors Newsom, Daly
Resolution commending the San Francisco Urban Service Project on its ten year anniversary and for providing service and dedication to the youth of San Francisco.

11/12/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 021899 [Commend Richard Lipner] Supervisor Maxwell
Resolution recognizing the tremendous contribution that Richard Lipner has made to the seniors of San Francisco and commending him for his dedication, and wishing him well in his future endeavors.

11/12/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 021832 [Final Map for a 10 Unit Mixed Use Condominium Project]
Motion approving Final Map of 3345 17th Street, a Mixed Use Condominium Project, being a subdivision of Lot 85 Assessor's Block No. 3576, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(No Public Benefit Recipient; DPW Order No. 173,808; District 9.)

11/7/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

33. 021838 [Final Map for a 6 Unit Residential Condominium Project]
Motion approving Final Map of 2134 Green Street, A Residential Condominium Project, being a subdivision of Lot 6 in Assessor's Block No. 540, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(No Public Benefit Recipient; DPW Order No. 173,815; District 2.)

11/13/2002, 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:_________________________________________

34. IMPERATIVE AGENDA

Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from November 5, 2002 through noon on November 13, 2002, for reference by President to appropriate committee on November 18, 2002.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from November 5, 2002 through noon on November 13, 2002, for reference by President to appropriate committee on November 18, 2002.

021833 [Stop Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Athens and Madison Streets, stopping Madison Street at Athens Street, making this T-intersection an all-way STOP;
Britton Street and Visitacion Avenue, stopping Visitacion Avenue at Britton Street, making this intersection an all-way STOP;
Arleta Avenue and Rutland Street, stopping Rutland Street at Arleta Avenue, making this intersection and all-way STOP; and
Cabrillo and La Playa Streets, stopping Cabrillo Street, the stem of this T-intersection.

STOP SIGNS - RESCIND
Tiffany Avenue at Duncan Street. (Parking and Traffic Department)

11/4/02: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2518.

11/7/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021834 [Traffic Regulations, Various Streets]
Resolution enacting and rescinding traffic regulations on various streets.

BICYCLE LANES - ESTABLISH
Golden Gate Avenue, westbound from Masonic to Parker Avenues; and
Golden Gate Avenue, eastbound from Masonic Avenue to 130 feet westerly.

MULTIPLE LEFT TURN LANES - ESTABLISH
10th Street, southbound at Brannan Street, Division Street, and Potrero Avenue (mandatory left turn for curb lane, shared left turn/through for 2nd lane from curb). Curb lane is currently designated as a left turn lane.

STREET CLOSURE - ESTABLISH
Tiffany Avenue, northbound direction only, at Duncan Street

CROSSWALK CLOSURE - ESTABLISH
Duncan Street, at Tiffany Avenue, west crosswalk (crossing Duncan Street)

NO LEFT TURN - ESTABLISH
Duncan Street, westbound, at Tiffany Avenue (prohibits access from Valencia Street to southbound Tiffany Avenue)

RIGHT TURN ONLY - ESTABLISH
Duncan Street, eastbound, at Tiffany Avenue (prohibits access from Duncan Street to Valencia Street) (Parking and Traffic Department)

11/5/02: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2518.

11/7/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021835 [Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations.

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Van Dyke Street, south side, from the east end of the easternmost driveway of 1355 Van Dyke Street to Ingalls Street; and
Curtis and Rolph Streets, along the traffic island, south side, from the east end to 17 feet westerly (17-foot zone accommodating two parking stalls).

RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM TO 9PM, MONDAY THROUGH FRIDAY) - ESTABLISH
23rd Street, both sides, between Castro and Noe Streets (4000 block).

RESIDENTIAL PERMIT PARKING AREA "U" (1-HOUR TIME LIMIT, 8 AM TO 10 PM, EVERYDAY) - ESTABLISH
906 and 925 Howard Street, between 5th and 6th Streets (adds specified addresses only).

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Green Street, south side, from Montgomery Street to 31.5 feet easterly (31.5-foot zone accommodating nine motorcycle parking stalls).

PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Berry Street, both sides, between 3rd and 7th Streets;
Channel, both sides, between 4th and 6th Streets;
Channel, both sides, south of the Commons Street roundabout to Mariposa Street;
Mission Bay Street, both sides, between 4th and North Common Streets;
Mission Rock Street, both sides, between 4th Street and Terry A. Francois Boulevard;
Rincon Street, both sides, between Mission Bay Street and Terry A. Francois Boulevard;
North Common Street, north side, between Owens Street and Terry A. Francois Boulevard;
South Common Street, south side, between Owens Street and Terry A. Francois Boulevard;
South Street, both sides, between 3rd Street and Terry A. Francois Boulevard;
Mariposa Street, both sides, between Illinois and Pennsylvania Streets;
Bay Mud Street, both sides, between North Common and Rincon Streets;
4th Street, both sides, between Channel and Mariposa Street;
Terry A. Francois Boulevard, both sides, between Mariposa and Mission Rock Streets;
3rd Street, west side, from 16th Street to Mariposa Street; and
King Street, both sides, between 5th and Berry Streets.

RESIDENTIAL PERMIT PARKING AREA "X" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - RESCIND
Pennsylvania Avenue, west side, from 20th Street to 127 feet north of 22nd Street (500 and 600 blocks, up to and including address #666).

RESIDENTIAL PERMIT PARKING AREA "X" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Pennsylvania Avenue, west side, from 20th Street to 127 feet north of 22nd Street (500 and 600 blocks, up to and including address #670).

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Duncan Street, north side, from Tiffany Avenue to 40 feet westerly (40-foot zone)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Tiffany Avenue, east side, from Duncan Street to 40 feet southerly (40-foot zone). (Parking and Traffic Department)

11/5/02: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No.2518.

11/7/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021836 [Contracting out Status Offender Shelter and Intake Services] Supervisor Gonzalez
Resolution concurring with the Controller's certification that Intake and Shelter Services to Status Offenders can be practically performed by private contractor for lower cost than similar services performed by city and county employees. (Juvenile Probation Department)

(Fiscal impact; Public Benefit Recipient.)

11/12/2002, RECEIVED AND ASSIGNED to Finance Committee.

021922 [Petitions and Communications]
Petitions and Communications received from November 7, 2002 through noon on November 13, 2002 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on November 18, 2002.

From Youth Commission, submitting support for following proposed Board of Supervisors resolutions: authorizing Department of Public Health to enter into an agreement with the Regents of UC to understand ethnic/racial cultural differences related to children's oral health; authorizing the Mayor's Criminal Justice Council to accept/expend a grant to implement the local Juvenile Accountability Incentive Block Program; authorizing lease of real property at 1305 and 1309 Evans Avenue on behalf of Department of Public Health; hearing to consider the events at Thurgood Marshall High School on October 11, 2002; hearing on San Francisco's strategy to reduce the incidence and impact of violence on young children; hearing addressing obesity and diabetes prevention among adolescents.(1)

From Youth Commission, submitting resolution passed by the Youth Commission urging the Board of Supervisors to establish San Francisco as an Abuse Free Zone.(2)

From Department of Public Works, submitting notice that appellants signatures with respect to 965-985 Geneva Avenue and 852 Paris Street represents owners of more than 20% of the area involved and are therefore sufficient for appeal. File 021764(3)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for the Third Street Alcohol Restricted Use District. File 021338, Copy: Each Supervisor(4)

From State Board of Equalization, submitting notice that proposed reallocations for the Office Club Inc. and Eastman Inc. are being processed and will be reflected in the December 2002 warrant.(5)

From Department of Public Health, submitting request for waiver of Chapter12B of the Administrative Code for S and S Worldwide to acquire arts and craft kits and supplies developed for individuals with mobility impairments for the
Department's occupational therapy units.(6)

From California Highway Patrol, regarding California's Annual Drunk and Drugged Driving Prevention Month campaign, to be held throughout the month of December.(7)

From State Department of Industrial Relations, regarding recently passed resolution concerning the plight of garment workers employed by Win Fashions Inc., Wins of California, Inc., and Win Industries of America. File 021605, Copy: Each Supervisor(8)

From AT&T Broadband, regarding programming adjustment to customers of AT&T Broadband cable services.2 letters(9)

From Police Department, commenting on community concerns about the Folsom/Dore Street Project. (Reference No. 20020919-004) Copy: Supervisor Daly(10)

From Department of Building Inspection, submitting seven cellular antenna permit applications filed for the following addresses: 1300 Columbus Avenue, 770 Golden Gate Avenue, 493 Haight Street, 1276-1298 Market Street, 4627-4645 Mission Street, 2444-2454 Noriega Avenue and 333 O'Farrell Street. (Reference No. 20000403-002) Copy: Supervisor Yee(11)

From NFPA International, requesting formal notification be sent to staff in the event that San Francisco is asked to take a position on California's selection of a set of model building codes as the basis for the statewide building code.(12)

From various signators, submitting Form 700 Statement of Economic Interests: (13)
Barry Flynn
Douglas Boccignone

From Department of Parking and Traffic, submitting notice that parking and traffic items on the Housing, Transportation and Land Use Committee's agenda for November 14, 2002 have been posted.(14)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for Transit-Oriented Neighborhood Commercial Districts.Files 020966 and 020967(15)

From San Mateo County Board of Supervisors, submitting copy of ordinance adopted on October 8, 2002 requiring that identity verification checks be performed on any person proposing to attend a flight school based at either of the two airports owned by the County.(16)

From Michael Moore, regarding his wife being denied her constitutional right to vote because the Portola Fire Station polling place ran out of Ballots.Copy: Each Supervisor, John Arntz, Acting Elections Director(17)

From Humboldt County Board of Supervisors, submitting copy of resolution adopted October 22, 2002 in support of Caltrans Buckhorn Grade Improvement Project.(18)

From concerned citizens, requesting co-sponsorship and support for proposed ordinance designating landmark status for the 1338 Filbert Street Cottages.(19)

From the National Filipino American Veterans Association, commenting that the organizers of the San Francisco Veteran's Day Parade refused to acknowledge members of the National Filipino American Veterans Association as they stood at attention before the parade's reviewing stand Sunday, November 10, 2002. Copy: Each Supervisor(20)

From William Klingelhoffer, regarding the lack of ballots at some precincts on November 5, 2002. Copy: Each Supervisor(21)

From Office of the Legislative Analyst, submitting analyze of the 2000 Census data for San Francisco as a whole as well as by Supervisorial district. (22)

From US Army Corps of Engineers, submitting public notice of request for permit to continue installation and removal of three seasonal road crossings on the lower reach of the Russian River, near the Town of Guerneville, in Sonoma County, California.(23)

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.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
Agenda are available on the internet at www.sfgov.org/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.

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. This advance notice will help ensure availability.
ú For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ú For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number 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 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 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 1:46:48 PM

	APPROVAL OF MEETING MINUTES






		Motion to approve the October 21, 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.

	Recommendation of the Health and Human Services Committee






		Present: Supervisors Daly, Leno, Maxwell


1.	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.

		11/12/2002, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		11/12/2002, CONTINUED AS AMENDED ON FINAL PASSAGE. Continued to November 18, 2002


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules and Audits Committee






		Present: Supervisors Hall, Gonzalez, Sandoval


2.	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.
		11/12/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


3.	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.


		11/12/2002, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Finance Committee






		Present: Supervisors Peskin, Daly


4.	021754	[Re-appropriating funding for three positions to operate and maintain audio, video and security systems]
		Ordinance re-appropriating $127,577 of existing funding for three positions to operate and maintain audio, video, and security systems by the Administrative Services - Convention Facilities Management for Fiscal Year 2002-2003, and Amending Annual Salary Ordinance for Fiscal Year 2002-03. (Controller)

		(No Public Benefit Recipient; companion measure to File 021793.)

		Question: Shall this Ordinance be FINALLY PASSED?


5.	021793	[Public Employment]	Supervisor Gonzalez
		Ordinance amending Ordinance No. 175-02 (Annual Salary Ordinance 2002/03) setting rates in the 2002-2003 Compensation Plan for two new classifications, establishing a budget for three positions, and deleting three positions in Convention Facilities for fiscal year 2002-03. (Human Resources Department)

		(No Public Benefit Recipient.)

		Question: Shall this Ordinance be FINALLY PASSED?


6.	021808	[Compensation for Employees Called to Active Military Duty in Response to International Terrorism]	Mayor
		Ordinance amending the 2002-2003 Annual Salary Ordinance to entitle City officers or employees called to active duty with a military reserve organization to receive from the City the difference between the amount of the individual's military pay and the amount the individual would have received as a City officer or employee had the individual worked his or her normal work schedule. (Mayor)



		Question: Shall this Ordinance be FINALLY PASSED?


7.	021776	[Third Amendment to Moscone Project Lease]	Mayor
		Resolution approving and authorizing the execution and delivery of a Third Amendment to the Project Lease; approving the issuance of the Redevelopment Agency of the City and County of San Francisco Lease Revenue Refunding Bonds, Series 2002 (George R. Moscone Convention Center); providing that the principal amount of the Bonds to be issued shall not exceed an amount that will produce a net present value savings of at least three percent; approving the form of an Official Statement with respect thereto; and authorizing and ratifying the execution and delivery documents necessary for the issuance, sale and delivery of the Bonds. (Mayor)

		(No Public Benefit Recipient.)
		page break
		Question: Shall this Resolution be ADOPTED?

	Board of Supervisors Sitting as a Committee of the Whole




		(Pending approval of File No. 021439.)


8.	021442	[Hearing - 601 King Street]
		Hearing to consider legislation contained in File Nos. 021297 and 012042 regarding King Street.

		(Companion measure to Files 012042, 021297, 021439.)
		8/19/2002, CONTINUED. Supervisor Daly requested that this item be continued to November 18, 2002.


		Action:___________________________

	Committee of the Whole Rise and Report Without Recommendation

	Called From Transportation and Commerce Committee by Supervisor Daly


9.	021297	[CEQA Findings]	Supervisor Daly
		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 601 King Street Project.


		8/8/2002, CALLED FROM COMMITTEE.

		8/19/2002, CONTINUED. Supervisor Daly requested that this item be continued to November 18, 2002.


		Question: Shall this Resolution be ADOPTED?


10.	012042	[Zoning Map Amendment - King and Seventh Streets]	Supervisor Daly
		Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco, Section Map 8H, to change the height and bulk district designation of Assessor's Block 3800, Lots 1 and 2, at King and Seventh Streets, from 50-X to 65-X; and making findings of consistency with the General Plan and Planning Code Section 101.1.


		8/8/2002, CALLED FROM COMMITTEE.

		8/19/2002, CONTINUED. Supervisor Daly requested that this item be continued to November 18, 2002.


		Question: Shall this Ordinance be FINALLY PASSED?


11.	021760	[Public Hearing - Appeal, Discretionary Review - 1515-18th Avenue]
		Hearing of persons interested in or objecting to the Planning Director's Discretionary Review dated October 11, 2002, Case No. 2002.0174D, recommending approval of Building Permit Application No. 2001.12.26.591, Case No. 2002.0174D, proposing to construct a 11' X 12' deck and stairs 12' above grade at the rear of the single-family dwelling located in an RH-1 (Residential, House, One-Family) District and a 40-X Height/Bulk District, on property located at 1515-18th Avenue, west side between Kirkham and Lawton Streets; Lot 001E, in Assessor's Block 1864.

		(Appeal filed October 10, 2002; Board final action date: November 18, 2002; companion measure to Files 021761, 021762; District 10.)

		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.)


12.	021761	[Discretionary Review Appeal, 1515-18th Avenue]
		Motion approving decision of the Planning Director approving Discretionary Review Case No. 2002.0174D, on property located at 1515-18th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?


13.	021762	[Discretionary Review Appeal - 1515-18th Avenue]
		Motion disapproving decision of the Planning Director approving Discretionary Review Case No. 2002.0174D, on property located at 1515-18th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?


14.	021748	[Public Hearing - Appeal, Discretionary Review - 594-48th Avenue]
		Hearing of persons interested in or objecting to the Planning Director's Discretionary Review recommendation dated September 30, 2002, Case No. 2002.0718DDDDD, approving Permit Application No. 2002.03.20.1980, subject to certain revisions, proposing the addition of a partial third story and roof deck to an existing single-family home in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk district, on property located at 594-48th Avenue, northeast corner of Anza Street and 48th Avenue; Lot 16M, in Assessor's Block 1497.

		(Appeal filed October 15, 2002; Board final action date: November 25, 2002; companion measure to Files 021749, 021750; District 1.)

		Action:___________________________


15.	021749	[Appeal, Discretionary Review - 594-48th Avenue]
		Motion approving decision of the Planning Director approving Discretionary Review Case No. 2002.0718DDDDD, on property located at 594-48th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?


16.	021750	[Appeal, Discretionary Review - 594-48th Avenue]
		Motion disapproving decision of the Planning Director approving Discretionary Review Case No. 2002.0718DDDDD, on property located at 594-48th Avenue, pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?


17.	021764	[Public Hearing - Appeal, Conditional Use, 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
		Hearing of persons interested in or objecting to the decision of the Planning Director by Motion No. 16468 dated October 10, 2002, received by the Clerk's Office on October 23, 2002, approving conditional use application No. 2001.1126C, subject to modifications, to merge 6 lots into one lot with a total area greater than 9,999 square feet pursuant to Planning Code Section 712.11; to allow the construction of 8 dwelling units without the required off-street parking pursuant to Section 161(j); to allow a large retail store (Walgreens Pharmacy) to occupy commercial space (10,000 gross square feet) on the ground floor and on a new mezzanine in excess of 5,999 square feet pursuant to Section 712.21 under Planning Department's modifications to proposed project; and adopting findings relating to the disapproval of a conditional use application to allow a large retail store (Walgreens Pharmacy) to occupy commercial space (12,800 gross square feet) on the ground floor and on a new mezzanine in excess of 5,999 square feet pursuant to Section 712.21 under the proposal submitted to the Department by the project sponsor. The project site is located in an NC-3 (Moderate-Scale Neighborhood Commercial) District and in a 65-X-Height and Bulk District, and in an RH-1 (Residential, One-Family) District in a 40-X Height and Bulk District on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater), north side of Geneva Avenue, between Paris and London Streets; Lots 5-10 on Assessor's Block 6409.

		(Appeal filed October 23, 2002; Final Negative Declaration adopted and issued June 13, 2002; Case No. 2001.1126C; companion measure to Files 021765, 021766, 021767, 021795; District 11.)

		Action:___________________________


18.	021765	[Appeal, Conditional Use, 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
		Motion approving decision of the Planning Director by Motion No. 16468, approving Conditional Use Application No. 2001.1126C, on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater), and adopting findings pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?


19.	021766	[Zoning Appeal - Disapproving decision of Planning Director, conditional use appeal, 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
		Motion disapproving decision of the Planning Director by Motion No. 16468, approving Conditional Use Application no. 2001.1126C, on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater); approving Conditional Use Application No. 2001.1126C for property located at 965-985 Geneva Avenue and 852 Paris Street, subject to the conditions imposed by the Planning Director in his Motion No. 16468, as modified herein, and further subject to additional conditions imposed by the Board of Supervisors as set forth herein, and adopting findings pursuant to Emergency Ordinance No. 186-02. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?


20.	021767	[Findings - 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater)]
		Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2001.1126C, on property located at 965-985 Geneva Avenue and 852 Paris Street (aka Apollo Theater), for action by the Board at its next meeting. (Clerk of the Board)



		Question: Shall this Motion be ADOPTED?