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September 30, 2002

Full Board Agendas

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Board of Supervisors

City and County of San Francisco

Legislative Chamber - Second Floor
City Hall,1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

seal of the city and county of sf

AGENDA
Monday, September 30, 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 August 19, 2002 Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

Note: Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget Analyst report
3) Legislative Analyst report
4) Department or Agency cover letter and/or report
5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk.

CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.

Items 1 through 5

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

1. 021470 [Contracting Out Budget Analyst Services]
Resolution concurring with the Controller’s certification that Budget Analyst services can be practically performed by a private contractor for lower cost than similar work services performed by City and County employees. (Clerk of the Board)
Question: Shall this Resolution be ADOPTED?

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

2. 021533 [State grant for medical services to indigent persons] Supervisor Daly
Resolution authorizing the Department of Public Health to accept and expend retroactively a grant allocation for up to $4,136,456 for Fiscal Year 2002-03 funding from the State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials and supplies, facilities rental, personal services, and indirect costs in the amount of $60,541, based on 11.8% of administrative and fiscal intermediary costs; for the period of July 1, 2002, to June 30, 2003. (Public Health Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

3. 021543 [Contract funds for SFHIV Vaccine Clinical Trials Unit] Supervisor Daly
Resolution authorizing the Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $325,345 with Public Health Foundation Enterprises Inc. (PHFE), the primary contractor, to fund the third year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a unit of the HIV Vaccine Trials Network (HVTN); for the period of June 1, 2002 to May 31, 2003. (Public Health Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

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

4. 021530 [Settlement of Lawsuit - Mary Lou Cordero]
Ordinance authorizing settlement of the lawsuit filed by Mary Lou Cordero against the City and County of San Francisco for $100,000; the lawsuit was filed on August 27, 2001, in the San Francisco Superior Court, Case No. 324-064; entitled Mary Lou Cordero v. City and County of San Francisco. (City Attorney)
(Public Benefit Recipient.)

9/23/2002, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

5. 021532 [Settlement of Grievance - Gabriel Castillo]
Ordinance authorizing settlement of the grievance (ERD No. 83-02-0790) of Gabriel Castillo against the City and County of San Francisco for $93,938.15 (including $72,427.50 to Castillo as back wages; $16,392.08 to the City’s Retirement System to make up shortages in Castillo’s retirement account; $3,938.15 to the City’s Retirement System as reimbursement for withholding tax and health coverage premiums; and $1,180.42 as a lump sum payment to Castillo). Other material terms of said settlement are Castillo shall not seek future employment with the City and he shall release all claims relating to his dismissal as a 2320 Registered Nurse. Castillo shall also return all uncashed pension warrants in the amount of $19,625.24 to the Office of the City Attorney. (City Attorney)
(Public Benefit Recipient.)

9/23/2002, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

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

6. 021531 [Settlement of Lawsuit - Silvia Landau]
Ordinance authorizing settlement of the lawsuit filed by Silvia Landau against the City and County of San Francisco for $73,000; the lawsuit was filed on April 27, 2000 in San Francisco Superior Court, Case No. 311768, entitled Silvia Landau v. City and County of San Francisco, et al. (City Attorney)
(Public Benefit Recipient.)

9/18/02 Supervisor Sandoval dissenting in committee.

9/23/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

From Rules and Audits Committee "Without Recommendation"
Present: Supervisors Hall, Gonzalez, Sandoval

7. 020597 [Establishing Board of Supervisors Regular Meeting Days] Supervisors Gonzalez, Newsom, Daly
Resolution establishing Tuesdays at 2 p.m. as the regular meeting days and times of the Board of Supervisors, beginning on February 4, 2003; rescinding Resolution No. 186-87, effective January 28, 2003, which established Mondays at 2 p.m. as the days and times of regular meetings of the Board of Supervisors.
9/17/2002, CONTINUED. Continued to September 23, 2002 Supervisor Daly requested to be added as a co-sponsor.
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Resolution be ADOPTED?

8. 020618 [Amending the Rules of the Board to schedule regular Board meetings on Tuesdays at 2pm effective the week of February 2, 2003.] Supervisors Gonzalez, Daly
Motion amending Rule 6.2 of the Rules of Order of the Board of Supervisors to require the scheduling of regular meetings of the Board of Supervisors on Tuesdays at 2 p.m., instead of Mondays at 2 p.m., effective the week of February 2, 2003. (Clerk of the Board)
(Companion measure to File 020597.)

9/17/2002, CONTINUED. Continued to September 23, 2002 Supervisor Gonzalez requested to added as a co-sponsor.
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Motion be ADOPTED?

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

9. 021241 [Appeal, Conditional Use, 1598 Dolores Street]
Motion approving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1.
8/12/2002, CONTINUED. Continued to August 26. 2002.
8/26/2002, CONTINUED. Continued to September 17, 2002
9/17/2002, CONTINUED. Continued to September 23, 2002
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Motion be ADOPTED?

10. 021242 [Appeal, Conditional Use, 1598 Dolores Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1.
8/12/2002, CONTINUED. Continued to August 26, 2002
8/26/2002, CONTINUED. Continued to September 17, 2002
9/17/2002, CONTINUED. Continued to September 23, 2002
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Motion be ADOPTED?

11. 021243 [Findings - 1598 Dolores Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1058C, on property located 1598 Dolores Street, for action by the Board at its next meeting.
8/12/2002, CONTINUED. Continued to August 26, 2002.
8/26/2002, CONTINUED. Continued to September 17, 2002
9/17/2002, CONTINUED. Continued to September 23, 2002
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Motion be ADOPTED?

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

12. 021245 [Appeal, Conditional Use, 2863 California Street]
Motion approving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, and adopting findings pursuant to Planning Code Section 101.1.
8/19/2002, CONTINUED. Continued to August 26, 2002
8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.
9/17/2002, CONTINUED. Supervisor Newsom requested this item to be continued to September 23, 2002.
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Motion be ADOPTED?

13. 021246 [Appeal, Conditional Use, 2863 California Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
8/19/2002, CONTINUED. Continued to August 26, 2002
8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.
9/17/2002, CONTINUED. Supervisor Newsom requested this item to be continued to September 23, 2002.
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Motion be ADOPTED?

14. 021247 [Findings - 2863 California Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2002.0408C, on property located 2863 California Street, for action by the Board at its next meeting. (Clerk of the Board)
8/19/2002, CONTINUED. Continued to August 26, 2002
8/26/2002, CONTINUED. Supervisor Newsom requested this item be continued to September 17, 2002.
9/17/2002, CONTINUED. Supervisor Newsom requested this item to be continued to September 23, 2002.
9/23/2002, CONTINUED. Continued to September 30, 2002
Question: Shall this Motion be ADOPTED?

Recommendation of the Public Works and Public Protection Committee
Present: Supervisors Sandoval, Yee, Gonzalez

15. 021454 [UCSF Mission Bay Campus - Utility Crossings and an at grade pedestrian crossing]
Resolution granting revocable permission to Regents of the University of California to occupy a portion of the public right-of-ways to construct, install and maintain utility crossings and joint trenches on future 4th and Owens Streets, and on future South Common Street, for providing various services to the new UCSF Mission Bay Campus; and to construct and maintain an at grade pedestrian crossing at a future mid-block signalized intersection on future 4th Street at future private 14th Street and making findings of consistency with the City General Plan and eight priority policies of the City Planning Code Section 101.1. (Public Works Department)
9/23/2002, CONTINUED. Supervisor Yee requested that this item be continued to September 30, 2002.
Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

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

16. 020782 [Planning Code Amendment - South of Market SUD Amendments] Supervisor Daly
Ordinance amending Planning Code Sections 803.5 and 822 to include union halls as permitted principal uses in the South of Market Special Hall of Justice Legal Services District, to include Assessor’s Block 3780 Lots 1 and 2 as part of the South of Market Special Hall of Justice Legal Services District, and to correct citations and zoning map page number references; amending Zoning Map Sheet 8SU of the City and County of San Francisco to include Lots 1 and 2 in Assessor’s Block 3870 as part of the South of Market Special Hall of Justice Legal Services District; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 021221 [Laws and procedures governing the enforcement of prevailing wages for workers on public work projects] Supervisors Ammiano, Daly, Peskin, Maxwell
Ordinance amending the 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.
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 021419 [MOU - San Francisco Police Officers’ Association] Mayor
Ordinance adopting and implementing Amendment No. 1 to the 2001-2003 Collective Bargaining Agreement between the San Francisco Police Officers’ Association (SFPOA) and the City and County of San Francisco by amending Sections 13 (A) and (F) to incorporate the parties’ agreement to clarify their intent with regard to compensation for canine officers and to correct clerical errors. (Mayor)
Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 021284 [Extension of Agreement with PRWT Services, Inc.]
Resolution authorizing a two-year extension of the agreement between PRWT Services, Inc. and the City and County of San Francisco. (Parking and Traffic Department)
(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

20. 021283 [Certification of Lower Cost Services]
Resolution concurring with the Controller’s certification that proposed services to be provided by PRWT Services, Inc. can be performed at a lower cost than similar services performed by City and County employees. (Parking and Traffic Department)
(Fiscal impact; Companion measure to File 021284.)

Question: Shall this Resolution be ADOPTED?

21. 021314 [Department of Consumer Assurance’s schedule of fees for weighing and measuring devices]
Resolution approving a schedule of fees to be charged by the Department of Consumer Assurance for testing of weighing and measuring devices initiated by written request and for reinspecting, retesting and recertifying weighing and measuring devices found to be outside the tolerances or specifications set by the California Department of Food and Agriculture upon an initial inspection prescribed by California Business and Professions Code Section 12210(a), and ratifying any such fees charged by the Department prior to this resolution.
Question: Shall this Resolution be ADOPTED?

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

22. 021468 [Waste Diversion Goal] Supervisors Ammiano, Leno, Daly
Resolution adopting a goal of 75% landfill diversion by the year 2010 and a long term goal of zero waste, with the date set once the 50% diversion goal is met, and adopting a policy of promoting the highest and best use of discarded materials and only allowing the use of alternative daily cover to be counted as credit toward meeting the diversion goals if there are no higher and better uses available, and urging the State of California to adopt similar goals.
Question: Shall this Resolution be ADOPTED?

COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Transportation and Commerce Committee at a regular meeting on Thursday, September 26, 2002, at 9:30 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report.

23. 021503 [Amend Subdivision Code Section 1308] Supervisor McGoldrick
Ordinance amending the San Francisco Subdivision Code by amending Section 1308 to provide that a tenant may also be an owner of record of the property and to remove the requirement that a tenant have an exclusive right to occupy a unit; amending Section 1316 to address the formation of tenancies in common in buildings of seven units or more; and making this Ordinance retroactive to November 1, 2002.
Question: Shall this Ordinance be PASSED ON FIRST READING?

24. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney.

25. 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.

26. 021615 [Legislative Analyst Request] Supervisor Hall
Motion asking the Legislative Analyst to compare and contrast San Jose’s recently enacted "Blight Ordinance" to San Francisco’s Planning Code; compare and contrast the enforcement procedures and enforcement capabilities of the City of San Jose to the City and County of San Francisco.
Question: Shall this Motion be ADOPTED?

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff or Defendant

27. 021578 [Anticipated Litigation]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation (City anticipated to be a plaintiff or defendant) which may occur with Television Signal Corporation and AT&T Broadband et al. regarding compliance with the City’s cable television franchise and AT&T Broadband’s proposed merger with Comcast. (City Attorney)
This closed session would be permitted by Government Code Section 54956.9(b) and (c) and the San Francisco Administrative Code Section 67.10(d).

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 28 through 35

28. 021602 [Opposing Proposition 51] Supervisor Ammiano
Resolution opposing Proposition 51 on the November 5th, 2002 Statewide ballot.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 021603 [Create 12 member Homeless Senior Task Force] Supervisor Daly
Resolution establishing a 12 member Homeless Senior Task Force.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 021604 [Urge SF League of Urban Gardeners not sell the community garden on Page Street] Supervisor Gonzalez
Resolution urging the San Francisco League of Urban Gardeners to not sell the community garden on Page Street between Buchanan and Webster, but rather to ensure that it remains as green space.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 021605 [Urge Federal and State Government Action and Employer Accountability] Supervisors Maxwell, Yee
Resolution on behalf of the former Wins Garment Workers Urging Federal and State Government Action and Employer Accountability.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 021606 [Oppose UCSF subcontract custodial services] Supervisors Sandoval, Daly, Gonzalez, Yee
Resolution opposing the University of California at San Francisco (UCSF) decision to subcontract custodial services at UCSF Mission Bay Campus.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 021607 [Urge Governor Gray Davis to sign Senate Bill 987] Supervisor Yee
Resolution urging Governor Gray Davis to sign into law Senate Bill 987, improving language access to government services.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 021608 [Commend Wu Yee Children’s Services] Supervisor Peskin
Resolution commending Wu Yee Children’s Services’ role as one of the largest comprehensive bilingual and multicultural child development providers in San Francisco and declaring September 28, 2002 "Wu Yee Children’s Services Day" in San Francisco.
9/23/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 021594 [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.
9/23/2002, 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:_________________________________________

36. 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 September 19 through noon on September 25, 2002, for reference by President to appropriate committee on September 30, 2002.

021575 [General Plan Amendment - 888 Howard Street Hotel]
Ordinance amending the San Francisco General Plan in connection with approval of the 888 Howard Street Hotel Project by amending Map 1 (Downtown Land Use and Density Plan) of the Downtown Area Plan of the General Plan to reclassify the use designation of the property located at 888 Howard Street, Lot 066 in Assessor’s Block 3724, from C-3-S to C-3-S(SU); adopting findings. (Planning Department)
9/25/2002, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 10/23/2002.

021576 [Zoning Map Amendments - 888 Howard Street Hotel]
Ordinance amending Sheets 1 and 1H of the Zoning Map of the City and County of San Francisco for property located at 888 Howard Street, Lot 066 In Assessor’s Block 3724, to change the height and bulk limits of the property from 160-F To 320-S and to change the use district from C-3-S to C-3-S (SU); adopting findings. (Planning Department)
(Planning Commission Resolution #16410 approving Reclassification Application No. 2000.790ZM dated 5/23/02; Resolution #16420 approving Planning Code Tax Amendments and Reclassification Application No. 2000.790TZM on 6/6/02; Resolution #16408 approving CEQA findings for Application No. 2000.790E on 5/23/02; Motion #164109 approving Conditional Use Application No. 2000.961C on 5/23/02; Motion #164121 approving Section 309 Application No. 2000.790X on 6/6/02; Final Environmental Impact Report dated 1/10/02; Case No. 2000.790EKXCTZM; companion measure to Files 021575, and 021577.)

9/25/2002, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 10/23/2002.

021577 [Planning Code Amendments in connection with 888 Howard Street Hotel Project]
Ordinance amending the San Francisco Planning Code by amending Sections 102.9, 123, Table 124 and Section 138 and by adding new Section 247, to create a C-3-S(SU) Downtown Support Special Use District within the C-3-S zoning district to allow development of a Hotel Project with a basic and maximum floor area ratio (after purchase of all market-rate, available Transfer Development Rights within the C-3-S zoning district) of 7.5 to 1, to include the new C-3-S(SU) zoning district within the definition of "gross floor area" and to provide that the minimum open space requirement for the new C-3-S(SU) zoning district is one square foot for every 50 gross square feet of uses; adopting findings. (Planning Department)
9/25/2002, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 10/23/2002.

PROPOSED RESOLUTIONS
Proposed resolutions received from September 19 through noon on September 25, 2002, for reference by President to appropriate committee on September 30, 2002.

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

9/25/2002, RECEIVED AND ASSIGNED to Finance Committee.

021538 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Moraga Street, stopping 32nd and 34th Avenues at Moraga Street, making these intersections all-way STOP’s;
Broderick and Eddy Streets, stopping Eddy Street, making this intersection an all-way STOP;
Carroll Avenue and Quint Street, stopping Carroll Avenue, making this intersection an all-way STOP;
26th Avenue and Santiago Street, stopping 26th Avenue, making this intersection an all-way STOP;
35th Avenue at Ulloa Street, stopping 35th Avenue at Ulloa Street, making this intersection an all-way STOP;
Jerrold Avenue and Mendell Street, stopping Mendell Street, making this T-intersection an all-way STOP;
Filbert Street, westbound, at Hyde Street, stopping westbound Filbert Street at Hyde Street;
Merritt and Danvers Streets, northeast corner, stopping westbound Merritt Street (stops the stem of this uncontrolled T-intersection); and,
Corbett Avenue and Danvers Street, southeast corner, stopping northbound Danvers Street (stops the stem of this uncontrolled T-intersection). (Parking and Traffic Department)
(9/19/02 : 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. 2494.)

9/23/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021551 [Traffic Regulations, Various Streets]
Resolution enacting and rescinding traffic regulations on various streets.

ONE-WAY STREET (SOUTHBOUND) - ESTABLISH
Ankeny Street, between Bishop and Ward Streets.

ONE-WAY STREET (NORTHBOUND) - ESTABLISH
Gateview Avenue (Treasure Island), between the north and south intersections of Avenue B and Gateview Avenue. (Parking and Traffic Department)
(9/19/02: 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. 2494.)

9/23/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021569 [Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "W" (1-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
York Street, both sides, between 22nd and 23rd Streets (1000 block); and
Hampshire Street, both sides, between 25th and 26th Streets (1300 block).

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM TO 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Waller Street, both sides, between Belvedere and Clayton Streets (portion of the 1500 block); and
11th Avenue, both sides, between Kirkham and Lawton Streets (1500 block).

RESIDENTIAL PERMIT PARKING AREA "D" (4-HOUR TIME LIMIT, 9 AM TO 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Sussex Street, both sides, between Conrad and Diamond Streets (addresses 110 - 171 only).

RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM TO 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Castro Street, both sides, between 22nd and Hill Streets (portion of the 800 block);
Castro Street, both sides, between 22nd and Alvarado Streets (900 block);
Castro Street, both sides, between 23rd and Alvarado Streets (1000 block);
23rd Street, both sides, between Castro and Diamond Streets (4100 block);
Linda Street, both sides, between 18th Street and south terminus (Unit and 100 blocks); and
19th Street, both sides, between Guerrero and Valencia Streets (3500 block).

RESIDENTIAL LIMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Duncan Street, both sides, between Church and Sanchez Streets (300 block).

ONE-HOUR PARKING, 7 AM TO 6 PM, EXCEPT SUNDAY - RESCIND
Fitzgerald Avenue, north side, between 3rd and Jennings Street.

NO PARKING ANYTIME - RESCIND
TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Pollard Place, both sides, north of Vallejo Street.

PARKING METERS - RESCIND
RESIDENTIAL PERMIT PARKING AREA "C" (2-HOUR TIME LIMIT, 8 AM TO 9 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Bush Street, both sides, between Jones and Taylor Streets (900 block).

TOW-AWAY NO STOPPING EXCEPT FOR 1-HOUR TRUCK LOADING, 7 AM TO 4 PM, MONDAY TO FRIDAY - ESTABLISH
Townsend Street, north side, from 287 feet to 369 feet east of 7th Street (82-foot zone).

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
PARKING METER AREA NO. 3 - EXTEND
Broadway, south side, from 68 feet to 206 feet east of Sansome Street.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Broadway, north side, from Montgomery Street to 54 feet easterly;
Broadway, north side, from Sansome Street to 65 feet westerly;
Broadway, north side, from Sansome Street to 68 feet easterly;



Broadway, north side, from Battery Street to 70 feet westerly;
Broadway, south side, from Montgomery Street to 60 feet easterly; and
Broadway, south side, from Sansome Street to 67 feet westerly.

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Jessie Street, south side, between 3rd and Annie Streets.

TOW-AWAY, NO STOPPING, 7 AM TO 9 AM AND 3 PM TO 6 PM, MONDAY THROUGH FRIDAY, PASSENGER LOADING ZONE, ALL OTHER TIMES - ESTABLISH
Mission Street, north side, from 152 feet to 191 feet east of 3rd Street (39-foot zone at parking meters #672 and #674).

PARKING METER - RESCIND
Palou Avenue, north side, between 3rd and Newhall Streets, removing parking meters #1602 and #1606.

TWO-HOUR PARKING TIME LIMIT, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH
Rhode Island Street, east side, between 15th and Alameda Streets; and
15th Street, north side, between De Haro and Rhode Island Streets.

NO PARKING ANYTIME - ESTABLISH
Missouri Street, west side, from 190 feet north of Cesar Chavez Street to the terminus ending at a private driveway (200 foot zone).

NO PARKING ANYTIME - RESCIND
TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Spofford Street, both sides, between Clay and Washington Streets.

MID-BLOCK CROSSWALK - ESTABLISH
Townsend Street, between 3rd and 4th Streets.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Gateview Avenue (Treasure Island), both sides, between 13th Street and Avenue B, north intersection (replaces existing red zones).

RED (NO PARKING ANYTIME) ZONES - RESCIND
Bayside Drive (Treasure Island), both sides, between the east and west intersections of Bayside Drive and Gateview Avenue;
North Point Drive (Treasure Island), both sides, between the east and west intersections of Gateview Avenue and North Point Drive; and
Gateview Avenue (Treasure Island), both sides, between the north and south intersections of Avenue B and Gatewiew Avenue.

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Bayside Drive (Treasure Island), both sides, between the east and west intersections of Bayside Drive and Gateview Avenue (replacing existing red zones;
North Point Drive (Treasure Island), both sides, between the east and west intersections of Gateview Avenue and North Point Drive (replacing existing red zones);
Gateview Avenue, north/east side, from a point 29 feet west of the driveway at #1306A to a point opposite the south line of the driveway at #1307A;
Gateview Avenue south/west side, between the driveways at #1303D and #1307A;
Gateview Avenue, west side, from Westside Drive (south intersection) to the driveway at #1311A;
Gateview Avenue, west side, from Westside Drive (south intersection) to the driveway at #1315A; and
Gateview Avenue, both sides, between Westside Drive (north intersection) and Avenue B (north intersection).

TOW-AWAY, NO PARKING ANYTIME - EXCEPT LAW ENFORCEMENT VEHICLES - ESTABLISH
Stevenson Street, south side, from 7th Street to 294 feet easterly (294-foot zone);
300 block of Jackson Street, south side, between Custom House Place and Battery Street (121-foot zone, replacing parking meters #309, #313, #317, #319 and #321);
500 block of Battery Street, west side, from Jackson Street to 100 feet southerly (100-foot zone, replacing parking meters #521, #523, #525, and #527); and
400 block of Washington Street, north side, from Battery Street and Custom House Place (117-foot zone, replacing one blue zone and parking meters #404, #406, and #408).

ANGLE PARKING (45-DEGREE) - ESTABLISH
500 block of Washington Street, south side, from 21 feet to 192 feet west of Sansome Street (converts nine parallel parking stalls into 16 angle parking stalls).

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
PARKING METER AREA NO. 1 (METERED MOTORCYCLE PARKING) - ESTABLISH
400 block of Battery Street, east side, from Washington Street to 98 feet southerly (creates 25 new motorcycle parking spaces).

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
PARKING METER AREA NO. 1 (30-MINUTE TIME LIMIT, 7AM TO 6 PM, MONDAY
THROUGH SATURDAY) - ESTABLISH
400 block of Battery Street, east side, from 98 feet to 184.5 feet south of Washington Street (creates three new automobile parking spaces).

TEMPORARY STREET CLOSURE - ESTABLISH
4th Street Bridge over Mission Creek. (Work for seismic retrofit rehabilitation beginning around October 2002 and lasting approximately 18 months.) (Parking and Traffic Department)
(DPW conducted the environmental review study. The Finding of No Significant Impact (FONSI) was issued on April 8, 2002, File No. 04-SF-0-CR.)
(9/19/02: 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. 2494.)

9/23/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

021573 [Extends time for performance of PUC contract CS-524 by 3 months under last year’s funding appropriation, and reserves the Board’s right to disapprove the continuation of the contract]
Resolution approving Public Utilities Commission’s three month extension of time for the San Francisco Water Alliance to complete work under the second year of the Program Management Services, CS-524; and extending the time from September 21, 2002 to December 21, 2002 when the Board may approve the continuation of the contract upon its review of the Commission’s annual evaluation of the contract performance of the San Francisco Water Alliance. (Public Utilities Commission)
(No Public Benefit Recipient.)

9/23/2002, RECEIVED AND ASSIGNED to Finance Committee.

021579 [Prevailing Wage]
Resolution fixing the highest general prevailing rate of wages for various crafts and kinds of labor, and for janitorial services, as paid for similar work in private employment in the City and County of San Francisco, at the rates certified to the Board by the Civil Service Commission on September 16, 2002. (Civil Service Commission)
(No Public Benefit Recipient.)

9/25/2002, RECEIVED AND ASSIGNED to Finance Committee.

021580 [Accept and expend a gift of $44,342 from the Friends and Foundation of the San Francisco Public Library]
Resolution authorizing the San Francisco Public Library to accept and expend a gift in the amount of $44,342 from the Friends and Foundation of the San Francisco Public Library to support public programming and outreach at Branch Libraries and to continue production of a monthly newsletter to promote programs, services and special events offered by the Public Library. (Public Library)
(No Public Benefit Recipient.)

9/24/2002, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee.

021640 [Petitions and Communications]
Petitions and Communications received from September 19 through noon on September 25, 2002, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on September 30, 2002.

From Department of Human Services, regarding the 7th and Berry Street homeless encampment. (Reference No. 20020729-008) Copy: Supervisor Daly (1)

From Office of the Controller, submitting audit report of franchise fees for Pacific Gas and Electric Company, from January 1, 2000 through December 31, 2000. (2)

From Office of the Controller, submitting cost analysis of amendment to the Memorandum of Understanding between the City and County of San Francisco and the Police Officers’ Association for fiscal year 2001-2003. File 021419 (3)

From Department of Public Health, submitting annual report for FY 2001-02 of gifts received by the Department of Public Health. (4)

From Richard Midgett, requesting the Board of Supervisors review/investigate Police Report Case #020644149. (5)

From SF Convention Facilities, submitting notice that the Convention Facilities Management Division did not put any Sole Source Contracts in place during fiscal year 2001/02. (6)

From Mirna Escobar, submitting correspondence alleging abuses, misinformation and disrespect by San Francisco Housing Authority Officials. (7)

From Budget Analyst, submitting schedule of audits to be conducted by the Budget Analyst of programs of City and County departments. (8)

From Commission on the Aging, submitting copy of Resolution No. 012-02-COE amendment of the Bylaws adopted by the Commission on the Environment at the September 17, 2002 Special Meeting. Copy: Each Supervisor (9)

From Outer Mission Residents Association, submitting copy of letter sent to the General Manager of Recreation and Parks Department regarding Crocker Amazon Park and the proposed BMX Bike Facility. Copy: Each Supervisor (10)

From Ramona Albright, submitting two motions adopted by the Coalition of
San Francisco Neighborhoods on July 16, 2002 regarding the Natural Areas Program. Copy: Each Supervisor (11)

From Wu Yee Children’s Services, requesting the traffic light at the corner of Powell and Pacific (north/south) is increased at least 15-20 seconds to give young toddlers enough time to cross the street. Copy: Supervisor Peskin (12)

From Department of Public Works, regarding containerized moving and/or mobile storage companies. (Reference No. 20020729-006) Copy: Supervisor Sandoval (13)

From Department of the Environment, submitting reports entitled "Home Remodeling Green Building Guidelines" and "SF Green Building Program" Project report 1999-2002. Copy: Each Supervisor (14)





From various City departments and other agencies, submitting Conflict of Interest Code Review Reports (Campaign and Governmental Conduct Code, Article III, Chapter 1.) Copy: City Attorney’s Office (15)
Department of Public Works
Mayor’s Film Commission
City Administrator
Civil Service Commission
Golden Gate Park Concourse Authority

From Frederick Hobson, requesting the Sunshine Ordinance Task Force reconsider its dismissal of his complaints against the S.F. Drug Abuse Advisory Board and the S.F. Animal Control and Welfare Commission. (16)

From Ronald Wren, submitting opposition to proposal to double the real estate transfer tax in San Francisco. Copy: Each Supervisor (17)

From Jeffery Murray, appealing decision by the Director of Planning regarding building permit applications and one Discretionary Review for property located at 950 Corbett Avenue. (18)

From concerned citizens, requesting the Board of Supervisors hold new hearings on animal testing at UCSF and do everything in the Board’s power to compel UCSF to end Stephen Lisberger’s cruel and outdated experiments. Approximately 25 letters and postcards (19)

From concerned citizens, submitting support for granting "Realspace" (a proposed art gallery and beer/wine bar) a Type 42 Beer/Wine license, to be located at 132 Eddy Street. 2 letters (20)

From Department of Public Health, regarding attacks on nurses at SF General Hospital in the Psychiatric Wards. (Reference No. 20020826-008) Copy: Supervisor Newsom (21)

From Office of the Sheriff, submitting the annual report of inmate welfare fund expenditures for the fiscal year ending June 30, 2002. (22)

From Department of Public Health, Mayor’s Office on Homelessness, Department of Human Services, regarding the steps taken to disband the 7th and Berry Street homeless encampment. (Reference Nos. 20020729-009, 20020729-010, 20020729-08) Copy: Supervisor Daly (23)

From San Francisco Bay Area Rapid Transit District, regarding whether BART could supply partial funding for a study of centralized dispatch for taxis in San Francisco. (Reference No. 20020805-003) Copy: Supervisor Newsom (24)

From State Department of Parks and Recreation, submitting press release announcing Governor Davis has signed legislation that will secure appropriate places for off-highway vehicle (OHV) users to ride, while providing better protection for the environment. (25)

From Department of Public Health, submitting contamination site report for September 2002. Copy: Health and Human Services Committee (26)

From West of Twin Peaks Central Council, submitting meeting notice for West of Twin Peaks Central Council for September 23, 2002 at the Forest Hill Clubhouse, located at 381 Magellan Avenue. Copy: Each Supervisor (27)

From Jude Koski, submitting opposition to the sale of the community garden on Page Street between Buchanan and Webster Streets. (28)

From concerned citizens, regarding San Francisco Day Laborers picket in front of the organization (Volunteers of America) that runs the day laborer center in the City of Oakland. Copy: Each Supervisor (29)

From Mike Horne, commenting that a person with a Muni discount fast pass can not ride BART in the city limits. Copy: Each Supervisor, General Manager Muni (30)

ADJOURNMENT

Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4) standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
Agenda are available on the internet at www.ci.sf.ca.us/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are televised on channel 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701

Disability access
The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting:
For American Sign Language interpreters, use of a reader during a meeting, or sound enhancement system, contact Ohn Myint at (415) 554-7704.
For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706. The Clerk of the Board’s Office TTY number for speech-hearing impaired is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

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

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

 

Last updated: 8/18/2009 1:46:47 PM