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July 08, 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
Monday, July 8, 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 2:02 p.m. On call of the roll, the following Supervisor was noted absent:

Supervisor McGoldrick - 1.

Quorum present.

Supervisor McGoldrick was noted present at 2:03 p.m.

 
 
 
APPROVAL OF MEETING MINUTES
     
 
 
Supervisor McGoldrick, seconded by Supervisor Maxwell, moved to approve the April 29, 2002 Meeting Minutes. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
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 Hall indicated that File No. 020813 be severed from the consent agenda. (See infra)

 
 
 
CONSENT AGENDA
 
     
 
 
 
 
Recommendations of the Budget Committee
 
     
 
 
 
 
 
020323 [Amending the San Francisco Fire Code to increase fees for services]  
Ordinance amending Section 106 of the San Francisco Fire Code to increase Fees for Fire Department Services, to become operative on its effective date or on July 1, 2002 whichever is later. (Fire Department)
 
Enacted Number: 148-02
FINALLY PASSED
 
 
021071 [Amending Police Department permit and license fees] Mayor
Ordinance amending the San Francisco Police Code by amending Sections 2.26 and 2.27, to adjust permit and license fees for businesses regulated under the Police Code, and by adding Section 2.31, to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor)
 
Enacted Number: 150-02
FINALLY PASSED
 
 
021073 [Patient Rates] Mayor
Ordinance amending Article 3 of the San Francisco Health Code by amending Section 128 to set patient rates for services furnished by the Department of Public Health, effective July 1, 2002. (Mayor)
 
Enacted Number: 151-02
FINALLY PASSED
 
 
021075 [Ambulance fee schedule] Mayor
Ordinance approving a fee schedule for ambulance services provided by the San Francisco Fire Department and providing for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor)
 
Enacted Number: 152-02
FINALLY PASSED
 
 
021077 [Raising license and other Animal Care and Control fees for dogs, cats, and other animals] Mayor
Ordinance amending the San Francisco Health Code by amending Sections 41.9, 41.10, 41.15, 41.16, 41.17, and 41.22, to raise license and other Animal Care and Control fees for dogs, cats, and other animals, and by adding Section 41.26, to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor)
 
Enacted Number: 153-02
FINALLY PASSED
 
 
021078 [Enacting a new Police Emergency Alarm Ordinance requiring permits for alarm systems and imposing penalties for false alarms] Mayor
Ordinance amending the San Francisco Police Code by repealing the current Article 37 (Police Emergency Alarm Ordinance), Sections 3700 though 3710; by enacting a new Article 37 (Police Emergency Alarm Ordinance), Sections 3700 through 3720, providing for permitting of alarm systems and penalties for false alarms; and by amending Police Code Section 2.26, to set permit fees for commercial and residential alarm systems. (Mayor)
 
Enacted Number: 154-02
FINALLY PASSED
 
 
021079 [Amending fees charged by the County Clerk for various services] Mayor
Ordinance amending the San Francisco Administrative Code by amending Sections 8.33.1, 62.8, and 62.9, to adjust fees charged by the County Clerk for various services and to provide for annual adjustment of those fees to reflect changes in the Consumer Price Index. (Mayor)
 
Enacted Number: 155-02
FINALLY PASSED
 
 
021080 [Amending Medical Examiner’s fees] Mayor
Ordinance amending the San Francisco Administrative Code by amending Section 8.14, to adjust fees for services provided by the Medical Examiner, and to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor)
 
Enacted Number: 156-02
FINALLY PASSED
 
 
021081 [Setting fees for City golf courses] Mayor
Ordinance amending the San Francisco Park Code by adding Sections 12.12, 12.13, and 12.14, setting fees for use of City golf courses and adding Section 12.20, providing for annual adjustment of golf fees and day camp fees to reflect changes in the Consumer Price Index. (Mayor)
 
Enacted Number: 157-02
FINALLY PASSED
 
 
021082 [Adding a charge for administrative overhead when the City provides additional police and street-cleaning services to private parties] Mayor
Ordinance amending the San Francisco Administrative Code by amending Sections 10B.2, 10B.3, and 10B.12, to require the City to charge for administrative overhead when it contracts with private parties to provide additional police and street-cleaning services, to prohibit the waiver of fees for additional police services except by ordinance of the Board of Supervisors, and to correct a citation to the Charter. (Mayor)
 
Enacted Number: 158-02
FINALLY PASSED
 
 
     
 
 
The foregoing items were acted upon by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Severed from the Consent Agenda
 
     
 
 
 
 
Recommendation of the Neighborhood Services and Recreation Committee
 
     
 
 
 
 
Supervisor Hall Recused
 
     
 
 
Supervisor Sandoval, seconded by Supervisor Daly, moved to recuse Supervisor Hall from voting on File No. 020813. The motion carried by the following vote:
Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Absent: 1 - Hall
 
020813 [Settlement of Lawsuit]  
Ordinance authorizing settlement of the lawsuits filed by the City and County of San Francisco against City of Daly City and Olympic Club for receipt of an aggregate amount of $150,000.00 from City of Daly City and Olympic Club; the City and County of San Francisco filed the lawsuits on January 16, 2001 and May 16, 2001, respectively, in San Francisco Superior Court (Cases No. 318-127 and 321-393); other material terms of said settlement are each defendant to pay $75,000.00. (City Attorney)
Supervisor Hall requested this item be severed from consent to be considered separately.

Supervisor Hall excused from voting.

 
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Absent: 1 - Hall
REGULAR AGENDA
 
     
 
 
 
 
UNFINISHED BUSINESS
 
     
 
 
 
 
From the Clerk
 
     
 
 
 
 
 
020770 [Appeal, Conditional Use, 2455 Bush Street (a.k.a. 1770 Scott Street)]  
Motion approving decision of the Planning Commission by its Motion No. 16375, approving Conditional Use Application No. 99.0818C, on property located at 2455 Bush Street (a.k.a. 1770 Scott Street), and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

(Filed on May 10, 2002.)

 
 
TABLED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020771 [Appeal, Conditional Use, 2455 Bush Street (a.k.a. 1770 Scott Street)]  
Motion disapproving decision of the Planning Commission by its Motion No. 16375, approving Conditional Use Application No. 99.0818C, on property located at 2455 Bush Street (a.k.a. 1770 Scott Street), and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

(Requires eight votes.)

 
 
Supervisor Gonzalez, seconded by Supervisor Newsom, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
     
Motion disapproving decision of the Planning Commission by its Motion No. 16375, approving Conditional Use Application No. 99.0818C, on property located at 2455 Bush Street (a.k.a. 1770 Scott Street), and adopting findings pursuant to Planning Code Section 101.1, subject to the imposition of conditions by the Board of Supervisors. (Clerk of the Board)

(Requires eight votes.)

 
 
APPROVED by the following vote:
Ayes: 10 - Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Noes: 1 - Ammiano
 
020772 [Findings - 2455 Bush Street (a.k.a. 1770 Scott Street)]  
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 99.0818C, on property located 2455 Bush Street (a.k.a 1770 Scott Street), for action by the Board at its next meeting. (Clerk of the Board)
 
Enacted Number: M02-102
APPROVED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
From the Clerk
 
     
 
 
 
 
 
020901 [Appeal, Conditional Use, 3130-3154 Noriega Street]  
Motion approving decision of the Planning Commission by its Motion No. 16390, approving Conditional Use Application No. 2001.0995CE, on property located 3130-3154 Noriega Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to July 15, 2002.
 
Supervisor Yee, seconded by Supervisor Hall, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020902 [Appeal, Conditional Use, 3130-3154 Noriega Street]  
Motion disapproving decision of the Planning Commission by its Motion No. 16390, approving Conditional Use Application No. 2001.0995CE, on property located 3130-3154 Noriega Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

(Requires eight votes.)

Continued to July 15, 2002.
 
Supervisor Yee, seconded by Supervisor Hall, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020903 [Findings - 3130-3154 Noriega Street]  
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2001.0995CE, on property located at 3130-3154 Noriega Street, for action by the Board at its next meeting. (Clerk of the Board)
Continued to July 15, 2002.
 
Supervisor Yee, seconded by Supervisor Hall, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Recommendation of Rules and Audits Committee
 
     
 
 
 
 
 
020783 [Establishing the San Francisco Entertainment Commission] Supervisors Leno, McGoldrick, Ammiano, Gonzalez, Newsom, Peskin, Sandoval
Ordinance: (1) amending the San Francisco Administrative Code to add a new Chapter 90 establishing the San Francisco Entertainment Commission; (2) providing for assistance from the Police Department to the Entertainment Commission for the transfer of specified permitting and licensing functions from the Police Department to the Entertainment Commission; (3) amending Article 1 of the San Francisco Police Code (i) relative to renewals of permits and licenses generally, and (ii) to transfer permitting responsibility for the use of loudspeakers or sound amplifying equipment outside buildings or out of doors from the Police Department to the Entertainment Commission; (4) amending Article 15 of the San Francisco Police Code to transfer licensing responsibility for amusements from the Police Department to the Entertainment Commission; (5) amending Article 15.1 of the San Francisco Police Code to transfer permitting responsibility for Places of Entertainment from the Police Department to the Entertainment Commission; and (6) amending Article 15.2 of the San Francisco Police Code to transfer permitting responsibility for Extended Hours Premises from the Police Department to the Entertainment Commission.

(Fiscal impact.) (Supervisor Hall dissenting in Committee.)

7/08/02 Amendment of the whole bearing same title.
 
Supervisor Leno, seconded by Supervisor Newsom, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
     
Supervisor Daly requested to be added as co-sponsor.
 
PASSED ON FIRST READING AS AMENDED by the following vote:
Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, McGoldrick, Newsom, Peskin, Sandoval
Noes: 3 - Hall, Maxwell, Yee
Recommendations of the Budget Committee
 
     
 
 
 
 
 
021076 [Street fairs fees] Mayor
Ordinance amending Traffic Code Section 806 to charge street fairs where alcoholic beverages are served the full cost of police services, rather than 40 percent of the cost, to eliminate the $2,500 cap on charges for police services for street fairs where alcoholic beverages are served, to eliminate ISCOTT’s authority to waive payment of the cost of police services for street fairs where alcoholic beverages are served, and to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor)
Continued to July 15, 2002.
 
President Ammiano moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020471 [Increasing the Annual Residential Rent Ordinance Fee to a maximum of $27.00 per unit]  
Ordinance amending Administrative Code Chapter 37A "Residential Rent Stabilization and Arbitration Fee" by amending Sections 37A.2 and 37A.6 to increase the maximum annual residential rent ordinance fee from $19 per unit in fiscal year 2000-2001 or $16 per unit in other years, to $27.00 per unit; and requiring the amount of the increase to be paid in equal halves by the owner(s) and tenant(s) of each residential unit; this increase will sunset in two years. (Rent Stabilization and Arbitration Board)
 
 
PASSED ON FIRST READING by the following vote:
Ayes: 9 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee
Noes: 2 - Daly, Sandoval
Recommendation of the Health and Human Services Committee
 
     
 
 
 
 
 
020293 [Prohibiting Urination and Defecation] Supervisors Hall, Daly, Newsom
Ordinance amending Article 2 of the San Francisco Police Code by adding Section 153 to prohibit public urination and defecation, providing an exemption for persons with a verified medical condition.
 
Enacted Number: 160-02
FINALLY PASSED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
NEW BUSINESS
 
     
 
 
 
 
Recommendations of the Neighborhood Services and Recreation Committee
 
     
 
 
 
 
 
020424 [Liquor License, Opera Plaza, 601 Van Ness Avenue]  
Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Deidra F. Kahn for Rosebowl Florist and Wine Shop, Inc. located at Opera Plaza, 601 Van Ness Avenue (District 6), 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: 480-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020623 [Liquor Licence Transfer, 500 Beach Street, Suite #61]  
Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license to Fahim Shafik dba "Anchorage Liquor and Deli" from 1200 Union Street to 500 Beach Street, Suite #61 (District 3), 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: 481-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020748 [Liquor License Transfer - Proposed Safeway Store No. 2606, Northeast Corner of 4th and King Streets]  
Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license for the proposed Safeway Store #2606 from 625 Monterey Boulevard to the Northeast Corner of 4th Street and King Street (District 6), 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: 483-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020750 [Liquor License, Pier 39, #K-106]  
Resolution determining that the issuance of a Type 21 off-sale general alcoholic beverage control license to Arko Designs, LLC, dba "California Marketplace" located at Pier 39, #K-106 (District 3), 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: 484-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
020787 [Liquor License, 1795 Geary Boulevard]  
Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Yung Shin LLC dba "Kola Lounge" located at 1795 Geary Boulevard (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: 485-02
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Recommendation of Rules and Audits Committee
 
     
 
 
 
 
 
020803 [Charter Amendment - Retirement Benefits for Police and Fire Personnel] Supervisors Ammiano, Sandoval, Leno, Maxwell, Newsom, McGoldrick
Charter amendment (First Draft) to add Sections A8.595 through A8.595-14, A8.596 through A8.596-14, A8.597 through A8.597-15, and A8.598 through A8.598-15 thereto, relating to retirement benefits for police officers and firefighters, and by amending Sections A8.500-1 and A8.500-2 to conform to the new retirement plans.

(Fiscal impact.)

Supervisors McGoldrick and Newsom requested to be added as co-sponsors.
 
ORDERED SUBMITTED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
COMMITTEE REPORTS
 
     
 
 
 
 
From Health and Human Services Committee
 
     
 
 
 
 
 
020593 [Residential Rent Assistance Pilot Program] Supervisors Ammiano, Daly, Maxwell
Ordinance establishing a General Fund residential rent assistance program for tenants whose federal rent subsidy in San Francisco has been reduced or revoked due to a failure to meet federal immigration status verification requirements imposed under Section 592 of the federal Quality Housing and Work Responsibility Act of 1998 ("QHWRA," Public Law 105-276, 42 U.S.C. 1436a), including tenants in San Francisco Housing Authority units and Section 8 units; providing criteria and procedures for disbursement of funding, with disbursements available commencing July 1, 2002; providing two outreach grants of $5,000 each; and identifying companion legislation that would provide funding of $349,000 from the City’s General Fund for the first year of the Program (July 2002 through June 2003).

(Fiscal impact.)

Supervisors Daly and Maxwell requested to be added as co-sponsors.
 
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
Noes: 1 - Hall
PUBLIC COMMENT
 
     
Patricia Boyde, Burger King conditional use permit;

Ernestine Weiss, tenant pass through;

John Dizano;

Tom McGunn, Entertainment Commission;

Richard Hat, Police Work, Homelessness;

Ed Ling, Homelessness, Board Salaries;

male speaker, homelessness;

Woody Ranclift, shipyard cleanup;

male speaker, child assistance.

 
 
 
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.
     
 
 
 
 
 
021181 [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.
 
Enacted Number: M02-103
APPROVED by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
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). For such resolutions to be considered, the Board must first adopt the following two motions.
     
 
 
 
 
[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."
     
 
 
Supervisor Newsom, seconded by Supervisor Leno, moved ADOPTION of the serious injury finding. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
[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.
     
 
 
Supervisor Newsom, seconded by Supervisor Leno, moved ADOPTION of the Brown Act finding. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
 
021217 [Committee of the Whole on July 15, 2002] Supervisor Newsom
Motion requesting the Board of Supervisors convenes as a Committee of the Whole on Monday, July 15, 2002 to consider legislation, which will amend the compliance date of Sprinkler Ordinance 165-01.
 
Enacted Number: M02-104
Supervisor Newsom, seconded by Supervisor Leno, moved that this Motion be APPROVED. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee
OFF-AGENDA LEGISLATION
 
     
 
 
 
 
Introduced by Supervisors or Mayor
 
     
 
 
 
 
Ordinances
 
     
 
 
 
 
 
021218 [Requirements for automatic sprinklers in residential hotels] Supervisor Newsom
Ordinance amending the San Francisco Fire Code Section 9001.1.3 and the San Francisco Housing Code Section 904 to extend compliance with requirements regarding installation of automatic sprinkler systems in residential hotels, as defined in the Ordinance, to January 31, 2003; providing findings as to local conditions pursuant to the California Health and Safety Code; and making this Ordinance retroactive to June 30, 2002.
7/8/02, RECEIVED AND ASSIGNED to Board of Supervisors.
 
 
 
 
 
021219 [Tax Penalty Amnesty Program] Supervisor McGoldrick
Ordinance amending the San Francisco Business and Tax Regulations Code to: (i) amend Article 17 thereof to establish a two month business tax penalty amnesty program during the 2002 - 2003 fiscal year, and (ii) amend Article 6 thereof to increase penalties for failing to pay taxes, underreporting of taxes, failing to file a tax return and failing to obtain a business registration certificate.
7/8/02, RECEIVED AND ASSIGNED to Finance Committee. (7/16/02 - Referred to Small Business Commission for comment and recommendation.)
 
 
 
 
 
021220 [City Parking Facilities] Supervisor Daly
Ordinance amending the San Francisco Traffic Code 32.23 requiring that curbside parking adjacent to City or Unified School District public buildings be provided with parking meters and that all off-street parking facilities owned by the City charge market rates to City employees for use of parking spaces when the employees work within 1500 feet of any Municipal Railway transit stop.
7/8/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 8/7/2002.
 
 
 
 
 
021221 [Laws and procedures governing the enforcement of prevailing wages for workers on public work projects] Supervisor Ammiano
Ordinance amending Administrative Code by adding subsection 6.1(H), definition of prevailing wage; amending subsection 6.22(A)(6) to include a requirement concerning subcontractor licenses; amending subsection 6.22(B) to include a requirement that all contractor and subcontractors provide workers’ compensation insurance certificates; amending subsection 6.22(E) concerning application and enforcement of prevailing wage requirements and assessment of penalties and backwages; amending subsection 6.22(O) to add further contractual requirements for the employment of apprentices and to add penalties for noncompliance; adding subsection 6.22(P) concerning safety requirements for contractors and subcontractors; amending section 6.24 to expand the authority of the Office of Labor Standards Enforcement to enforce requirements of state and federal law, to enforce working conditions and apprenticeship and to assess monetary penalties and backwages against public work contractors.
7/8/02, ASSIGNED UNDER 30 DAY RULE to Finance Committee, expires on 8/7/2002.
 
 
 
 
Resolutions
 
     
 
 
 
 
 
021222 [Urging St. Luke’s Hospital to Remain Open] Supervisors Ammiano, Daly
Resolution urging St. Luke’s Hospital not to close its Emergency Room, Maternity Unit, or any other patient service due to the announced Registered Nurse strike.
7/8/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
 
 
 
 
021223 [Senate Bill 1301 - Reproductive Privacy Act] Supervisors Newsom, Peskin, Daly, Ammiano, Gonzalez
Resolution urging the State Legislature to adopt Senate Bill 1301, introduced by Senator Sheila Kuehl, relating to an act to amend Section 2253 of the Business and Professions Code, to add Article 2.5 to Chapter 2 of Part 2 of Division 106 of, and to repeal Sections 123400, 123405, 123407, 123410, 123415, and 123430 of the Health and Safety Code, relating to reproductive privacy.
7/8/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
 
 
 
 
021224 [Authorizing the San Francisco Department of Aging and Adult Services to accept and expend Senior Facilities Special Funding] Supervisors Sandoval, Peskin
Resolution authorizing the San Francisco Department of Aging and Adult Services to accept and expend Senior Facilities Special Funding from the California State Department of Aging in the amount of $250,000 to establish a senior center.
7/8/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
 
 
 
 
Requests for Hearing
 
     
 
 
 
 
 
021225 [Timetable for Submission of Mayor’s Budget] Supervisor McGoldrick
Hearing to consider adoption of a new timetable for submission of budgets in subsequent fiscal years in light of the expiration of the current budget timetable ordinance on December 2002, considering the experience and lessons learned during this year’s budget process.
7/8/02, RECEIVED AND ASSIGNED to Budget Committee.
 
 
 
 
 
021226 [SF General Hospital Long Range Service Delivery] Supervisor Newsom
Hearing on the long-range service delivery plans of the San Francisco General Hospital Medical Center (SFGHMC) with the focus on the following: (1) The future role and services provided by SFGHMC. (2) To differentiate the range and types of future service the SF Department of Public Health should provide at the SFGHMC. (3) To determine how to best provide these services, including where? What costs are associated with these service provisions? And with whom?
7/8/02, RECEIVED AND ASSIGNED to Finance Committee.
 
 
 
 
 
021228 [Revitalization and beautification of San Bruno Avenue in the Portola District] Supervisors Leno, Ammiano
Hearing to consider means of promoting the economic revitalization and beautification of San Bruno Avenue in the Portola District, including installing crosswalks, bicycle racks and crosswalk signals to make the area more pedestrian friendly, increasing the number of neighborhood residents who shop in the area, and considering the advantages of implementing a main street program.
7/8/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.
 
 
 
 
Motions
 
     
 
 
 
 
 
021227 [Legislative Analyst Request] Supervisor Gonzalez
Motion asking the Legislative Analyst to survey other comparable municipalities on regulatory requirements imposed on hospitals who reduce hospital services. These requirements could be public notification, fees, or other mitigation measures.
7/8/02, ASSIGNED to Board of Supervisors. Scheduled for Board consideration July 15, 2002.
 
 
 
 
Introduced by the President at the Request of Departments
 
     
 
 
 
 
PROPOSED RESOLUTIONS
 
     
 
 
 
 
 
020910 [Revenue Bond Election]  
Resolution calling and providing for a special election to be held in the City and County of San Francisco for the purpose of submitting to the qualified voters of said City and County on November 5, 2002 a proposition for the issuance of revenue bonds and/or other forms of revenue financing by the Public Utilities Commission in a principal amount not to exceed $3,628,000,000 to finance the acquisition and construction of improvements to the City’s water system; and consolidating said special election with the General Municipal Election to be held on November 5, 2002; complying with Section 53410 of the California Government Code; finding the proposed project is in conformity with the priority of Planning Code Section 101.1(b) and the City’s General Plan. (Public Utilities Commission)

(Fiscal impact.)

6/5/02, RECEIVED AND ASSIGNED to Finance Committee.
6/27/02, ASSIGNED to Finance Committee.
6/27/02, SUBSTITUTED. Substituted by the City Attorney 6/28/02, bearing new title.
 
 
 
 
 
020945 [Submission of an Ordinance to the Voters authorizing Sewer Service Charge Rate Increases]  
Motion ordering the submission of an ordinance to the voters authorizing the Board of Supervisors to adopt and impose schedules of sewer service charges to be paid by users in accordance with the San Francisco Charter and Part II, Chapter X, Articles 4.1 and 4.2 of the San Francisco Municipal Code (Public Works Code) that will provide an aggregate 12% increase of sewer service revenues, at an election to be held on November 5, 2002. (Public Utilities Commission)
6/12/02, RECEIVED AND ASSIGNED to Rules and Audits Committee.
6/27/02, TRANSFERRED to Finance Committee.
7/1/02, SUBSTITUTED. Substituted by the City Attorney 7/1/02, bearing same title.
7/1/02, ASSIGNED to Finance Committee.
 
 
 
 
 
021174 [Stop Intersections] Supervisor Newsom
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
17th and Shotwell Streets, stopping 17th Street at Shotwell Street, making this intersection an all-way STOP;
El Camino Del Mar and Seacliff Avenue, stopping northbound El Camino Del Mar at Seacliff Avenue, making this intersection an all-way STOP;
Girard Avenue and Silliman Street, stopping Silliman Street at Girard Avenue, making this intersection an all-way STOP;
17th and Rhode Island Streets, stopping 17th Street at Rhode Island Street, making this intersection an all-way STOP;
Octavia and Washington Streets, stopping Octavia Street at Washington Street, making this uncontrolled T-intersection a one-way STOP; and
Alameda Street and Treat Avenue, stopping eastbound Alameda Street at Treat Avenue, making this uncontrolled T-intersection a one-way STOP. (Parking and Traffic Department)

(DPW Order No. 2452.) (6/26/02: Categorically exempt from Environmental Review Class 1(c)(9) changes in traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in use of the street.)

7/1/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.
 
 
 
 
 
021179 [Parking Regulations, Various Locations]  
Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY, NO PARKING ANYTIME, 8 PM - 8 AM, EVERYDAY - ESTABLISH
Mendell Street, west side, from 93 feet to 137 feet south of Oakdale Avenue (44-foot zone); and
Mendell Street, east side, from 3rd Street to 112 feet northerly (112-foot zone).

ONE-HOUR PARKING TIME LIMIT, APRIL THROUGH OCTOBER, 7 AM TO 10 PM, MONDAY THROUGH FRIDAY; 9 AM TO 6 PM, SATURDAY AND SUNDAY - RESCIND
ONE-HOUR PARKING TIME LIMIT, NOVEMBER THROUGH MARCH, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - RESCIND
PARKING METERS (EXTEND PARKING METER AREA 3) - ESTABLISH
3rd Street, both sides, between King and Townsend Streets.

PARKING METERS (EXTEND PARKING METER AREA 3) - ESTABLISH
King Street, north side, from 135 feet to 212 feet and 278 feet to 346 feet west of 2nd Street (77-foot and 68-foot zones, respectively).

RESIDENTIAL PERMIT PARKING AREA "Z" (TWO-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
27th Street, both sides, between Noe and Sanchez Streets (400 block).

UNMETERED MOTORCYCLE PARKING - RESCIND
UNMETERED MOTORCYCLE PARKING, 7 PM to 7 AM, DAILY - ESTABLISH
6th Street, east side, from nine feet to 30 feet south of Harrison Street, accommodating six motorcycle stalls.
4 HOUR PARKING TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
Van Ness Avenue, center parking area, from North Point Street to 300 feet northerly.

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
18th Street, north side, from 52 feet east of Rhode Island Street to Carolina Street.

TOW-AWAY NO STOPPING ANYTIME - ESTABLISH
Folsom Street, north side, from 3rd Street to 140 feet easterly; and
Folsom Street, north side, from 2nd Street to 140 feet easterly.

NO PARKING ANYTIME - RESCIND
TOW AWAY NO PARKING ANYTIME - ESTABLISH
Burgoyne Street, both sides, south of Pacific Avenue.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
133 Palm Avenue, west side, from 263.5 feet to 270.5 feet south of Euclid Avenue (seven-foot zone in front of 133 Palm Street, accommodating two motorcycle stalls).

TOW AWAY NO STOPPING ANYTIME - ESTABLISH
Broderick Street, east side, from Sutter Street to 15 feet northerly; and
Sutter Street, north side, from Broderick Street to 14 feet easterly.

NO PARKING ANYTIME - ESTABLISH
Sears Street, along the south terminus, south of Sickles Avenue.

NO PARKING ANYTIME - ESTABLISH
Lyon Street, east side, from Green Street to 150 feet southerly to the terminus and from the terminus to 36 feet westerly.

UNMETERED MOTORCYCLE PARKING - ESTABLISH

1366 Hayes Street, between the driveways of 1366 and 1370 Hayes Street (12-foot zone, accommodating two motorcycle stalls).

RESIDENTIAL PERMIT PARKING AREA "S" (TWO-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Hill Street, both sides, between Church and Sanchez Streets (300 block); and
Sanchez Street, both sides, between Hill and Liberty Streets (portions of the 700 and 800 blocks).

UNMETERED MOTORCYCLE PARKING - ESTABLISH
1570 -1574 Waller Street, north side, from 100 feet to 109.5 feet west of Belvedere Street (9.5 foot zone in front of 1570-1574 Waller Street, accommodating one
7/1/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.
 
 
 
 
Requests Granted
 
     
From: Supervisor Newsom

To: Director, United States Department of Human Services

Requesting/Inquiring: To report whether they have applied or have plans to apply for a waiver from the U.S. Department of Agriculture (and other appropriate state agencies) in order to allow homeless and senior food stamp recipients to redeem food stamps at restaurants.

From: Supervisor Newsom

To: Director, Department of Human Services

Requesting/Inquiring: Requesting information regarding any plan or program to increase the number of CAAP recipients who are enrolled in:

1) Mandatory Rep Payee Services

2) CALM, SSIP, or PAES (moving people out of General Assistance)

3) Development of a "link card" in lieu of County Adult Assistance Program checks.

From: Supervisor Newsom

To: City Attorney

Requesting/Inquiring: To develop and implement a COMPSTAT Model of Police management based upon the compilation, distribution, and utilization of "real-time" data in order to allow field managers to make better informed and more effective decisions.

The request shall include the following provisions:

1) Articulation of organizational mission/vision and realignment of organizational structure to facilitate the meeting of goals and objectives.

2) Identification of business practices and key performance indicators.

3) Collection of accurate and timely information.

4) Meaningful data analysis and dissemination of results to all levels of the organization.

5) Development of effective tactics and rapid development of resources.

6) Relentless follow-up and assessment.

From: Supervisor Hall

To: Director, Department of Parking and Traffic

Requesting/Inquiring: To determine whether or not safety improvements can be made, or even need to be made, at the intersection of Skyline Boulevard and Lake Merced Boulevard.

From: Supervisor Hall

To:

 
 
 
In Memoriams
 
     
Salvador Rodriguez Bustos (Supervisors Ammiano, Daly, Leno)

William Dufty (Supervisor Maxwell)

Rabbi Eugene Mihaly (Supervisor Leno)

John Madden (Supervisor Hall)

 
 
 
 
     
 
 
 
 
ADJOURNMENT
 
     
There being no further business, the Board at the hour of 4:28 p.m. adjourned.

Gloria L. Young, Clerk

N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

Approved by the Board of Supervisors on September 17, 2002.

I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of said Board on the date stated and was approved as recited

 
 
 

 
Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4) standing in the Legislative Chamber. Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Agenda are available on the internet at www.ci.sf.ca.us/bdsupvrs.bos.htm. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Board meetings are televised on channel 26. For video tape copies and scheduling call (415) 557-4293. Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555. Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.

 
Disability access

 
Know Your Rights Under the Sunshine Ordinance
Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna.Hall@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/bdsupvrs/sunshine.htm

 


Last updated: 8/18/2009 1:47:22 PM