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January 22, 2002

Full Board Minutes

City and County of San Francisco

City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA94102-4689

S.F. City Seal

MEETING MINUTES
Tuesday, January 22, 2002
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting


Board of Supervisors


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


Members Present: Tom Ammiano, Chris Daly, Matt Gonzalez, Tony Hall, Mark Leno, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval, Leland Y. Yee.
Members Excused: None.
Members Absent: None.


ROLL CALL AND PLEDGE OF ALLEGIANCE
The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Tom Ammiano presiding.

The meeting was called to order at 2:01 p.m. On call of the roll, the following Supervisors were noted absent:

Supervisors Daly, Peskin - 2.

Quorum present.

Supervisors Daly and Peskin were noted present at 2:03 p.m.

APPROVAL OF MEETING MINUTES
Supervisor Leno, seconded by Supervisor Maxwell, moved to approve the December 3, 2001 Meeting Minutes. The motion carried by the following vote:
Ayes: 9 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee
Absent: 2 - Daly, Peskin
AGENDA CHANGES
The President inquired if there were any changes to the agenda members were aware of which needed to be continued, tabled or considered differently.

Supervisor Leno indicated the matters relating to the appeal of a Minor Sidewalk Encroachment Permit at 1259 Dolores Street, Files 020008, 020009 and 020010. (See infra.)

COMMUNICATIONS
CONSENT AGENDA
Items 1 through 3
Recommendation of the Economic Vitality, Small Business and Social Policy Committee
012141 [Federal Grant - MCJC] Mayor
Resolution authorizing the Mayor’s Criminal Justice Council to retroactively accept and expend a grant in the amount of $100,000 from the Office of Justice Programs (OJP) Violence Against Women Office (VAWO) for the purpose of encouraging policies that treat domestic violence and sexual assault as serious violations of criminal law. (Mayor)
Enacted Number: 47-02
ADOPTED
Recommendation of the Housing, Transportation and Land Use Committee
012075 [Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations.

DIAGONAL (60-DEGREE ANGLE) PARKING - ESTABLISH
Naples Street, east side, from Rolph Street to 150 feet northerly (150-foot zone)

NO PARKING ANYTIME - RESCIND
TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Kingston Street, both sides, between Coleridge Street and Prospect Avenue (200 block)

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Shrader Street, both sides, between 17th and Rivoli Streets (1400 block)

RESIDENTIAL PERMIT PARKING AREA "R" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Laguna Street, west side, between Eddy and Willow Streets (1200 block)

RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Carson Street, both sides, between Douglass Street and west terminus (unit block)

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Bayshore Boulevard, east side, from Sunnydale Avenue to 144 feet southerly (144-foot zone, to the San Francisco / San Mateo county line)
San Bruno Avenue, east side, from Silver Avenue to 95 feet northerly (95-foot zone)

UNMETERED MOTORCYCLE PARKING - ESTABLISH
24th Street, south side, from 258 feet to 267.5 feet west of Castro Street (9.5-foot zone, accommodating 2 motorcycle spaces)
4th Avenue, east side, from 278 feet to 286.5 feet south of Cornwall Street (8.5-foot zone, accommodating 2 motorcycle spaces) (Parking and Traffic Department)

(DPT Order No. 2344.)

Enacted Number: 44-02
ADOPTED
Recommendation of the Neighborhood Services and Parks Committee
012217 [Accept-Expend Federal/State Pass Through Grant]
Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $17,894 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. (Public Library)
Enacted Number: 48-02
ADOPTED
The foregoing items were acted upon by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
REGULAR AGENDA
UNFINISHED BUSINESS
From the Clerk
020091 [Adopting findings related to the conditional use appeal on property located at 2801-2825 California Street]
Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 2000.1190C (which authorized, subject to certain conditions, the mounting of three panel antennas on the roof of an existing three-story over basement mixed use building as part of a wireless telecommunications network), within an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District, pursuant to 711.83 of the Planning Code, on property located at 2801-2825 California Street, southwest corner at Divisadero Street (Lot 001 in Assessor’s Block 1028). (Clerk of the Board)

(Companion measure to Files 012265, 012266, 012267, 012268.)

Enacted Number: M02-19
APPROVED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
NEW BUSINESS
Recommendations of the Economic Vitality, Small Business and Social Policy Committee
012032 [Liquor License Transfer, 1539 Folsom Street]
Resolution determining that the transfer of a Type 47 on-sale general eating place liquor license to Isabel A. Manchester for "WISH SF LLC" located at 1539 Folsom Street, District 6, and to exchange said license to a Type 48 on-sale general public premises, will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions.
Enacted Number: 43-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
012118 [Liquor License, 105 A Fillmore Street]
Resolution determining that the issuance of a Type 9 (beer and wine importer), a Type 17 (wholesaler), and a Type 20 (off-sale beer and wine) alcoholic beverage control licenses to Miura Vineyards, located at 105A Fillmore Street, District 5, will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code.
Enacted Number: 46-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Recommendations of the Housing, Transportation and Land Use Committee
012031 [Parking Regulations on Portion of Green Street]
Ordinance adding Section 32.6.30 to the San Francisco Traffic Code, regarding parking regulations on a portion of Green Street. (Parking and Traffic Department)
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
011373 [Interim Control - Third Street] Supervisors Maxwell, Leno, McGoldrick
Resolution adopting interim controls that would subject the following properties on Third Street between Islais Creek and Paul Avenue, which are currently zoned M (Industrial), to the more restrictive controls of NC-3 (Moderate-Scale Neighborhood Commercial) for a period of twelve months: Assessor’s Block 4501, Lots 001, 003, 004, and 005, Block 4881, Lots 012, 018, 022, and 024, Block 4912, Lot 006, Block 4940, Lots 012A, 012B, and 024, Block 5211, Lots 027 and 028, Block 5217, Lot 001, Block 5225, Lot 010, Block 5226, Lots 025 and 028, Block 5235, Lots 003 and 011, Block 5242, Lots 021, 022, 023, 024, and 042, Block 5253, Lots 003, 008, 029, 030, 031, 032, 033 and 034, Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036, Block 5272, Lots 045 and 048, Block 5279, Lots 001, 002 and 003, Block 5414, Lots 005, 006, 007, 008, 025, 026, 027, 028, and 030, Block 5418, Lots 001, 002, and 010, Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 016, 017, and 018, Block 5421, Lot 011, Block 5429, Lot 002, Block 5431A, Lots 001, 001M, 001U, 001V, and 004; adopting findings pursuant to Planning Code Section 101.1.

(Received Certificate of Exemption/Exclusion from Environmental Review dated 9/25/01; received revised Certificate of Exemption/Exclusion from Environmental Review dated 10/22/01) (12/10/01 at Board: Supervisor Maxwell submitted a substitute resolution bearing new title.)

Supervisors Leno and McGoldrick requested to be added as co-sponsors.
Enacted Number: 63-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
012076 [Traffic Regulations, Various Streets]
Resolution enacting and rescinding traffic regulations on various streets.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Bayshore Boulevard, both sides, between Leland and Visitacion Avenues
Bayshore Boulevard, east side, between northbound and southbound Tunnel Avenue (34-foot zone, along traffic island)
Bayshore Boulevard, east side, from Leland Avenue to 96 feet northerly (96-foot zone)
Bayshore Boulevard, east side, from North Hester Avenue to 290 feet southerly (290-foot zone)
Bayshore Boulevard, east side, from Sunnydale Avenue to 308 feet northerly (308-foot zone)
Bayshore Boulevard, east side, opposite Leland Avenue (across from the stem of this T-intersection)
Bayshore Boulevard, west side, from San Bruno Avenue to 280 feet northerly (280-foot zone)
Bayshore Boulevard, west side, from Sunnydale Avenue to 418 feet northerly (418-foot zone)
Bayshore Boulevard, west side, from Tunnel Avenue to 550 feet northerly (550-foot zone, including portion directly opposite Tunnel Avenue)
Sunnydale Avenue, south side, from Bayshore Boulevard to 55 feet westerly (55-foot zone)

NO LEFT TURN - ESTABLISH
Bayshore Boulevard, both directions, at Raymond Avenue
Bayshore Boulevard, northbound, at Visitacion Avenue
Bayshore Boulevard, southbound, at Blanken Avenue
Bayshore Boulevard, southbound, at Leland Avenue

NO RIGHT TURN ON RED - ESTABLISH
Bayshore Boulevard, southbound, at San Bruno/Arleta Way
North Hester Avenue, westbound, at Bayshore Boulevard

NO RIGHT TURN - ESTABLISH
Bayshore Boulevard, southbound, onto Arleta Way

BICYCLE LANES - ESTABLISH
3rd Street, northbound, from the Highway 101 overcrossing to Le Conte Avenue
Bayshore Boulevard, northbound, between Sunnydale Avenue and Highway 101 overcrossing
Bayshore Boulevard, southbound, between Arleta Way and Sunnydale Avenue

LEFT LANE MUST TURN LEFT - ESTABLISH
Naples Street, northbound, at Geneva Avenue

NO RIGHT TURN, 7 AM - 9 AM AND 4 PM - 6 PM - RESCIND
Fremont Street, northbound, at Market Street

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
7th Street, west side, from Market Street to 121 feet southerly (121-foot zone, to be extended)

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
7th Street, west side, from Market Street to 140 feet southerly (140-foot zone, extends existing zone and eliminates meter #14)
6th and Bluxome Streets, northwest quadrant, between the extensions of the east property line of 6th Street and the south property line of Bluxome Street (within the intersection)
Bluxome Street, south side, from 6th Street to 9 feet easterly (9-foot zone)
Brannan Street, north side, from 5th Street to 115 feet westerly (115-foot zone)
Brannan Street, north side, from 5th Street to 250 feet easterly (250-foot zone)
Geneva Avenue, north side, from Ocean Avenue to 70 feet easterly (70-foot zone)
Woodside Avenue, north side, from 23 feet to 57 feet west of Portola Drive (34-foot zone) (Parking and Traffic Department)

(DPT Order No. 2344.)

Enacted Number: 45-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Recommendation of the Neighborhood Services and Parks Committee
011845 [Repeal Police Code Sections] Supervisor Leno
Ordinance amending the San Francisco Police Code to repeal the following provisions thereof: Sections 6, 7, 12, 51.1, 51.2, 92, 93, 94, 115, 141, 142, 147, 152, 168, 169, 170, 171, 176, 177, 182, 183, 193, 194, 199, 205, 210, 215, 231, 241, 242, 243, 244, 245, 246, 247, 248, 265, 266, 270, 271, 272, 299, 300, 305, 310, 315, 320, 748, 764, 765 and 776.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Board of Supervisors Sitting as a Committee of the Whole
020062 [Elections Task Force] Supervisors Peskin, Daly
Ordinance amending the 2001 Elections Task Force Ordinance, Board of Supervisors file number 010840, to convene an Elections Task Force to redraw supervisorial district lines pursuant to the provisions set forth in San Francisco Charter section 13.110, as amended by the voters of the City and County of San Francisco at the November 6, 2001 election.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
SPECIAL ORDER 3:00 P.M.
012258 [Public Hearing - 155 Fifth Street]
Hearing of the full Board of Supervisors to consider adopting a resolution to acquire the temporary construction easement by eminent domain for easterly portions of 155 Fifth Street, in Assessor’s Block 3724, Lot 66 ("the Burdened Property"), by the City and County of San Francisco for completing construction to the Moscone Center Expansion Project.
1/22/02 - President Ammiano moved to continue to January 28, 2002.
CONTINUED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
012238 [Construction Easement by Eminent Domain] Supervisor Ammiano
Resolution authorizing acquisition of a temporary construction easement for easterly portions of 155 Fifth Street, in San Francisco Assessor’s Block 3724, Lot 066, by eminent domain, for the Moscone Center Expansion Project.

(Companion measure to Files 012257, 012258.)

1/22/02 - President Ammiano moved to continue to January 28, 2002.
CONTINUED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
SPECIAL ORDER 3:00 P.M.
020008 [Public Hearing - Minor Sidewalk Encroachment, 1259 Dolores Street]
Hearing appealing decision of the Department of Public Works by its letter dated December 5, 2001, disapproving a Minor Sidewalk Encroachment Permit No. 01MSE-424 to encroach into the sidewalk area and to legalize the construction of a warped driveway encroaching ten (10) feet into the public right-of-way with planters on either side of the driveway fronting the property at 1259 Dolores Street.

(Filed by Cindy A. Ossias on December 20, 2001; companion measure to Files 020009, 020010; District 8.)

1/22/02 - Supervisor Leno moved to continue to January 28, 2002.
CONTINUED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
(Only one of the following two motions should be adopted.)
020010 [Minor Sidewalk Encroachment Permit Appeal]
Motion affirming the decision of the Department of Public Works’ denial of a Minor Sidewalk Encroachment Permit for 1259 Dolores Street and denying an Encroachment Permit. (Clerk of the Board)
1/22/02 - Supervisor Leno moved to continue to January 28, 2002.
CONTINUED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
020009 [Minor Sidewalk Encroachment Permit Appeal]
Motion disapproving the decision of the Department of Public Works’ denial of a Minor Sidewalk Encroachment Permit for 1259 Dolores Street and granting an Encroachment Permit. (Clerk of the Board)
1/22/02 - Supervisor Leno moved to continue to January 28, 2002.
CONTINUED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
ROLL CALL FOR INTRODUCTIONS
PUBLIC COMMENT
Al Rose, help for disabled;

Russell Robinson, dispute with Sheriff’s Department.

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 19 through 37
020065 [National Affordable Housing Trust Fund] Supervisors Leno, Gonzalez, Daly, McGoldrick, Maxwell, Peskin
Resolution urging the U.S. Congress to enact HR2349 and S1248 creating a National Affordable Housing Trust Fund.
Enacted Number: 50-02
ADOPTED
020066 [EIR Re-funding] Supervisors Leno, Daly, Maxwell, McGoldrick
Resolution urging the Planning Department to address the lack of housing in San Francisco and related issues of homelessness, poverty, mental health, substance abuse and economic empowerment by restoring its original commitment to fund the Environmental Impact Review (EIR) of file 00-2108, a proposal to eliminate floor area ratio limits in C-3 zoning districts.
Enacted Number: 64-02
ADOPTED
020070 [Regional Transportation Center] Supervisor Newsom
Resolution supporting a Regional Transportation Center to be developed for the City and County of San Francisco for the purpose of the education and adoption of alternative fuel vehicles to the general public.
Enacted Number: 52-02
ADOPTED
020071 [State Constitutional Amendment 7] Supervisors Peskin, Daly
Resolution supporting State Constitutional Amendment 7 which would strengthen the California Public Records Act as currently proposed by State Senate President John Burton, and Assembly members Keeley, Kehoe, Papan and Shelley.
Enacted Number: 53-02
ADOPTED
020072 [California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002] Supervisors Sandoval, Daly, McGoldrick
Resolution supporting the passage of the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002 and encouraging California voters to approve this bond act on March 5, 2002.
Enacted Number: 54-02
ADOPTED
020073 [Ocean Avenue Recreation Center] Supervisor Sandoval
Resolution urging the Recreation and Park Commission to consider the renaming of Ocean Avenue Recreation Center to "Minnie and Lovie Ward Recreation Center".
Enacted Number: 55-02
ADOPTED
020074 [Naturalization Services Program] Supervisors Maxwell, Ammiano, Daly, McGoldrick, Yee, Sandoval, Peskin, Gonzalez, Leno, Newsom
Resolution urging Governor Gray Davis, the California State Senate, and California State Assembly to fund the Naturalization Services Program at originally appropriated levels for both the 2001-2002 and the 2002-2003 fiscal years.
Enacted Number: 56-02
ADOPTED
020075 [Commend - Jewish Family and Children’s Services ┬Émigr