Board of Supervisors Agenda: July 2, 2001

Full Board Agendas Board of Supervisors City and County of San Francisco Legislative Chamber - Second Floor City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 AGENDA Monday, July 2, 2001 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 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 Audit, Labor and Government Efficiency Committee Present: Supervisors Newsom, Daly, McGoldrick 1. 011135 [Settlement Of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Renee Craig against the City and County of San Francisco for $67,500.00; the lawsuit was filed on October 10, 2000 in San Francisco Superior Court, Case No. 315711; entitled Renee Craig v. City and County of San Francisco, et al. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendation of the Public Health and Environment Committee Present: Supervisors Maxwell, Yee 2. 011082 [Grant funds to Arts Commission for Endangered Garden Sunnydale Pump Station] Resolution authorizing the Director of the Arts Commission to accept and expend up to $15,000 in federal funds granted through the San Francisco Urban Resources Partnership which is administrated through the Natural Resources Conservation Service, the forest service of the United States Department of Agriculture and the Environment Protection Agency, for the restoration of the Endangered Garden Public Art Project at the Sunnydale Pump Station. (Arts Commission) Question: Shall this Resolution be ADOPTED? Recommendations of the Rules Committee Present: Supervisors Hall, Ammiano, Sandoval 3. 001792 [Appointment] Resolution appointing William Bisesto, James Matter, Stuart Smith, Douglas Bias, and Tony Hester, terms ending July 1, 2004, and Alan Shipley, term ending July 1, 2003, to the City-Wide Alcoholism Advisory Board. William Bisesto, succeeding Ted Demisse, seat 6, term expired, must have professional, research or personal interest in alcoholism, for a new three-year term ending July 1, 2004; James Matter, succeeding William Bisesto, seat 7, term expired, must have professional, research, or personal interest in alcoholism, for a new three-year term ending July 1, 2004; Stuart Smith, succeeding himself, seat 8, term expired, must have professional, research, or personal interest in alcoholism, for a new three-year term ending July 1, 2004; Douglas Bias, succeeding himself, seat 9, term expired, must have professional, research, or personal interest in alcoholism, for a new three-year term ending July 1, 2004; Alan Shipley, succeeding Michael Lawlor, seat 11, must have professional, research, or personal interest in alcoholism, for unexpired portion of three-year term ending July 1, 2003; Tony Hester, succeeding James Matter, seat 15, term expired, must have professional, research, or personal interest in alcoholism, for a new three-year term ending July 1, 2004. Question: Shall this Resolution be ADOPTED? 4. 011057 [Appointment] Resolution appointing Ann Togia, Rose Toney, Deanna Rossi, Marie Hoemke, Mariaelena Alioto, Veroncia Lightfoot, Ann Melamed, Mary Higgins, Carolyn Noble, Peg Strub, Carla Furtado, Ben Loewy, Beth Saiki, Barbara Conner Andersen, Julie McKown, Lisa Kroon, Diedra Epps-Miller, John Balmes, and Micheal Walter Green, terms ending June 30, 2003, to the Asthma Task Force, waiving residency requirement. Ann Togia, new appointment, seat 1, must be a representative of community-based organization that provides advocacy related to asthma issues in San Francisco, for a new two-year term ending June 30, 2003; Rose Toney, new appointment, seat 2, must be a representative of community-based organization that provides advocacy related to asthma issues in San Francisco, for a new two-year term ending June 30, 2003; Deanna Rossi, new appointment, seat 3, must be a representative of childcare coordinating/advocacy organizations, for a new two-year term ending June 30, 2003; Marie Hoemke (residency requirement waived), new appointment, seat 4, must be an individual who is either persons with asthma, the parent of a child with asthma, or an asthma patient advocate, for a new two-year term ending June 30, 2003; Mariaelena Alioto, new appointment, seat 5, must be an individual who is either persons with asthma, the parent of a child with asthma, or an asthma patient advocate, for a new two-year term ending June 30, 2003; Veroncia Lightfoot, new appointment, seat 6, must be an individual who is either persons with asthma, the parent of a child with asthma, or an asthma patient advocate, for a new two-year term ending June 30, 2003; Ann Melamed, new appointment, seat 7, must be a representative of an environmental health/justice organization, for a new two-year term ending June 30, 2003; Mary Higgins, new appointment, seat 8, must be a representative of an environmental health/justice organization, for a new two-year term ending June 30, 2003; Carolyn Noble (residency requirement waived), new appointment, seat 9, must be a representative of a hospital association or health care provider institution, for a new two-year term ending June 30, 2003; Peg Strub, new appointment, seat 10, must be a representative of a hospital association or health care provider institution, for a new two-year term ending June 30, 2003; Carla Furtado, new appointment, seat 11, must be a representative of MediCal Managed Care Insurers, for a new two-year term ending June 30, 2003; Ben Loewy, new appointment, seat 13, must be a representative of lung health/asthma-specific organizations, for a new two-year term ending June 30, 2003; Beth Saiki, new appointment, seat 14, must be a representative of lung health/asthma-specific organizations, for a new two-year term ending June 30, 2003; Barbara Conner Andersen, new appointment, seat 15, must be an individual who represents health care professions working with asthmatics, for a new two-year term ending June 30, 2003; Julie McKown (residency requirement waived), new appointment, seat 16, must be an individual who represents health care professions working with asthmatics, for a new two-year term ending June 30, 2003; Lisa Kroon, new appointment, seat 17, must be an individual who represents health care professions working with asthmatics, for a new two-year term ending June 30, 2003; Diedra Epps-Miller, new appointment, seat 18, must be an individual who is an academic researcher or educator concerned with asthma issues, for a new two-year term ending June 30, 2003; John Balmes (residency requirement waived), new appointment, seat 19, must be an individual who is an academic researcher or educator concerned with asthma issues, for a new two-year term ending June 30, 2003; Micheal Walter Green (residency requirement waived), new appointment, seat 22, must be an individual who represents tenant interests (non-voting member), for a new two-year term ending June 30, 2003. Question: Shall this Resolution be ADOPTED? 5. 011144 [Appointment] Resolution appointing Marcos Eusebio Gutierrez, term ending June 6, 2002, and Emi Gusukuma, Vram Kouramajian, Phu Nguyen, and Joseph Nwadibid, terms ending June 6, 2003, to the Immigrant Rights Commission, waiving residency requirement. Marcos Eusebio Gutierrez (residency requirement waived), succeeding Renee Saucedo, Seat 5, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2002; Emi Gusukuma, succeeding herself, Seat 6, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2003; Vram Kouramajian (residency requirement waived), succeeding herself, Seat 7, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2003; Phu Nguyen, succeeding himself, Seat 8, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2003; Joseph Nwadibid (residency requirement waived), succeeding Anita Friedman, Seat 10, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2003. Question: Shall this Resolution be ADOPTED? Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated:______________________________________________ REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 6. 011224 [Findings - 3620 19th Street] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 99.210C (which would have authorized the development of a residential project comprised of 43 dwelling units and 52 off-street parking spaces, required conditional use approval to develop the project as a Planned Unit Development, with exceptions from rear yard requirements and residential density standards within an RH-2 District and RH-3 District and a 40-X Height and Bulk District, on property located at 3620 19th Street, bounded by 19th Street, 18th Street, Oakwood Street and Guerrero Street), which findings support the decision of the Board of Supervisors to disapprove the decision of the Planning Commission and to approve the Conditional Use Application, subject to the conditions imposed by the Planning Commission and the additional; superseding conditions imposed by the Board of Supervisors. (Clerk of the Board) (Companion measure to Files 010874, 010875, 10876, 010877.) 6/27/2001, REFERRED to Board of Supervisors. Question: Shall this Motion be ADOPTED? From the Clerk 7. 010881 [Sewer Service Charges, Fiscal Year 2001-2002] Mayor Ordinance adopting and imposing schedules of sewer service charges to be paid by users for fiscal year 2001-2002 pursuant to Part II, Chapter X, Articles 4.1 and 4.2 of the San Francisco Municipal Code (Public Works Code). (Mayor) (Transmittal date 5/29/01.) 6/25/2001, PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? Recommendation of the Audit, Labor and Government Efficiency Committee Present: Supervisors Newsom, Daly, McGoldrick 8. 010965 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit by Maximilian Castro against the City and County of San Francisco for $925,000; the lawsuit was filed on December 15, 2000 in San Francisco Superior Court, Case No. 317-475; entitled Maximilian Castro, et al., v. City and County of San Francisco, et al.; other material terms of said settlement are the possible one-time payment of reasonable cost of a future surgery as determined and ordered by the Hon. Sickles James, Judge. (City Attorney) 6/18/2001, CONTINUED ON FIRST READING. Supervisor Newsom moved to continue to June 25, 2001. 6/25/2001, PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? Recommendation of the Economic Vitality, Small Business and Social Policy Committee Present: Supervisors Sandoval, Newsom, Maxwell 9. 010884 [Appropriation, Educational Program for Waterfront Kids] Supervisor Sandoval Ordinance appropriating $150,000 to fund a Marina Waterfront Educational Program for San Francisco youth administered by the Recreation and Park Department, for fiscal year 2000-01. Supervisor Newsom dissenting in committee. 6/11/2001, PASSED ON FIRST READING. 6/18/2001, CONTINUED ON FINAL PASSAGE. Supervisor Leno moved to continue to July 2, 2001. Question: Shall this Ordinance be FINALLY PASSED? Recommendation of the Housing, Transportation and Land Use Committee Present: Supervisors McGoldrick, Daly, Peskin 10. 010668 [Planning Code Amendment, Changing the Designation of 678 Mission Street as a Category III Building] Supervisor Peskin Ordinance changing the designation of 678 Mission Street from Category V (Unrated) to Category III (Contributory) pursuant to Article 11 of the Planning Code, and amending Appendix C of Article 11 to include 678 Mission Street as a Category III building, and to limit alterations to the exterior of 678 Mission Street. (Planning Department) (Planning Commission Resolution No. 16101 adopted February 22, 2001, Case No. 2000.077G; Report submitted by California Historical Society dated September 2000 on the historic and architectural significance of 678 Mission Street.) 6/25/2001, PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? NEW BUSINESS Recommendation of the Audit, Labor and Government Efficiency Committee Present: Supervisors Newsom, Daly, McGoldrick 11. 010224 [Automatic Sprinklers in Residential Hotels] Supervisors Newsom, Daly Ordinance amending the San Francisco Fire Code by adding Section 900.1.3 and the San Francisco Housing Code by amending Section 904, to require the installation of automatic sprinkler systems in residential hotels, as defined in the ordinance, and providing findings as to local conditions pursuant to the California Health and Safety Code. Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendation of the Public Health and Environment Committee Present: Supervisors Maxwell, Yee 12. 010142 [Charity Care Policy Reporting and Notice Requirement] Supervisors Maxwell, Ammiano Ordinance amending the San Francisco Health Code by adding Sections 129-137 to authorize the Department of Public Health to require hospitals to report on policies and amount of charity care provided and requiring patient notification of policies on charity care. Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Rules Committee Present: Supervisors Hall, Ammiano, Sandoval 13. 010946 [Treasure Island Development Authority] Mayor Resolution approving the re-appointment of Mr. William Fazande to the Board of Directors of the Treasure Island Development Authority. (Mayor) Question: Shall this Resolution be ADOPTED? 14. 010947 [Treasure Island Development Authority] Mayor Resolution approving the appointment of Ms. Claudine Cheng to the Board of Directors of the Treasure Island Development Authority. (Mayor) Question: Shall this Resolution be ADOPTED? 15. 011141 [Appointment] Resolution appointing Supervisor Tony Hall as a member of the Board of Directors, Golden Gate Bridge Highway and Transportation District. Supervisor Hall excused in Committee. Question: Shall this Resolution be ADOPTED? 16. 011142 [Appointment] Resolution appointing Supervisor Sophie Maxwell as a member to the Peninsula Corridor Study Joint Powers Board. Question: Shall this Resolution be ADOPTED? 17. 011143 [Appointment] Resolution appointing Supervisor Aaron Peskin of the Board of Supervisors to the Bay Conservation and Development Commission. Question: Shall this Resolution be ADOPTED? Present: Supervisors Gonzalez, Hall, Ammiano (Pursuant to the provisions of Rule 2.33.7 of the Board’s Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from committee and any Board order of submission to the electorate. In accordance therwith, consideration of the following proposed Charter amendment appropriately may be continued at least one week.) 18. 010856 [Charter Amendment - Elective Officials] Supervisor Gonzalez Charter amendment (First Draft) to repeal the current Section 13.102 and add a new Section 13.102 to provide for the election of the Mayor, Sheriff, District Attorney, City Attorney, Treasurer, Assessor-Recorder, Public Defender, and members of the Board of Supervisors using a ranked-choice, or "instant run-off" ballot, to require that City voting systems be compatible with a ranked-choice system, and setting date and conditions for the implementation. This item will be presented to the voters during the March 2002 elections. Question: Shall this Charter Amendment be SUBMITTED? From Rules Committee "Without Recommendation" Present: Supervisors Hall, Sandoval 19. 011026 [SB 307, California Japantown Preservation Pilot Project] Supervisor Gonzalez Resolution urging the Governor and State Legislature to support SB 307 which would create, until July 1, 2004, the California Japantown Preservation Pilot Project, which would require the State Librarian to provide a one-time grant to the City of Los Angeles, the City of San Jose, and the City and County of San Francisco, for the purposes of aiding in the preparation, adoption, or implementation of specific plans that promote the preservation of existing Japantown neighborhoods in those jurisdictions. 6/4/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisors Daly and Yee requested this matter be severed so it could be considered separately. 6/4/2001, REFERRED to Neighborhood Services and Parks Committee. Supervisor Daly requested this matter be sent to committee. Question: Shall this Resolution be ADOPTED? From Rules Committee With Recommendation "Do Not Pass" Present: Supervisors Hall, Sandoval 20. 011001 [Ethics Commission Regulation] Motion vetoing proposed regulation number 67-33-1, adopted by the Ethics Commission on May 14, 2001, that would clarify the time and manner for filing the annual Sunshine Ordinance declaration required by San Francisco Administrative Code 67.33 - Department Head Declaration. (Clerk of the Board) (Pursuant to Charter Sec. 15.102, Regulations adopted by the Ethics Commission become effective 60 days after the date of adoption unless two-thirds of the members of the Board of Supervisors vote to veto the regulations during the 60-day period.) Question: Shall this Motion be ADOPTED? 21. 011002 [Ethics Commission Regulations] Motion vetoing proposed regulation numbers 1.140(k)-1, 1.140(o)-1, 1.142(a)-1, 1.142(a)-2, 1.142(a)-3, 1.144(c)-1, 1.144(d)-1, 1.144(e)-1, 1.148(b)-1, 1.148(d)-1, 1.114-1, 1.128-1, 3.710(a)-1, 3.710(b)-1, 3.710(c)-1, 3.710(d)-1, 3.715(a)-1, 3.715(a)-2, 3.720(a)-1, and 3.730-1, adopted by the Ethics Commission on May 14, 2001, that would implement Propositions O and J (November 7, 2000) and clarify related provisions of the City’s Campaign and Governmental Conduct Code. (Clerk of the Board) (Pursuant to Charter Sec. 15.102, Regulations adopted by the Ethics Commission become effective 60 days after the date of adoption unless two-thirds of the members of the Board of Supervisors vote to veto the regulations during the 60-day period.) Question: Shall this Motion be ADOPTED? SPECIAL ORDER 3:00 P.M. 22. 011137 [Appeal, Conditional Use, 2489-2491 Washington Street] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No.16161 dated May 10, 2001, approving Conditional Use Application No. 2000.1244C, subject to certain conditions, to mount a total of three panel antennas on the roof and install a non-occupied telephone equipment room on the basement level, as part of Sprint’s wireless telecommunications network on a 2-story over basement commercial building, within the Upper Fillmore Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District, pursuant to Section 718.83 of the Planning Code, on property located at: 2489-2491 Washington Street, southeast corner at Fillmore Street; Lot 022, in Assessor’s Block 0612. (Appeal filed on June 11, 2001; Categorically exempt from environmental review process pursuant to Class 1 exemptions of Title 14 of the California Administrative Code; companion measure to Files 011138, 011139, 011140; District 2.) Action:___________________________ Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. From the Clerk (Only one of the following two motions should be adopted) 23. 011138 [Appeal, Conditional Use, 2489-2491 Washington Street] Motion approving decision of the Planning Commission by its Motion No. 16161 approving Conditional Use Application No. 2000.1244C, on property located at 2489-2491 Washington Street, southeast corner at Fillmore Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 24. 011139 [Appeal, Conditional Use, 2489-2491 Washington Street] Motion disapproving decision of the Planning Commission by its Motion No. 16161 approving Conditional Use Application No. 2000.1244C, on property located at 2489-2491 Washington Street, southeast corner at Fillmore Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 25. 011140 [Findings - 2489-2491 Washington Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1244C, on property located at 2489-2491 Washington Street, southeast corner at Fillmore Street, for action by the Board at its next meeting. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 26. ROLL CALL FOR INTRODUCTIONS Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney. 27. PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to 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 41 28. 011204 [Office of Adolescent Health] Supervisors Leno, Maxwell Resolution urging the San Francisco Department of Public Health to create an Office of Adolescent Health. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 29. 011205 [Mid-Income Housing Task Force] Supervisor Daly Resolution establishing the Mid-Income Housing Task Force. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 30. 011206 [Extending Time-Live/Work units as "loft housing"] Supervisor Hall Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code to redefine "live/work" units as "loft housing". 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 31. 011207 [Storage Space at 150 Otis Street] Supervisor Newsom Resolution urging the Department of Human Services to increase the amount of storage space at 150 Otis Street from one floor to three floors. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 32. 011208 [SB 877, Arsenic-Treated Wood] Supervisor Peskin Resolution supporting Senate Bill 877, known as the Arsenic-Treated Wood Mandatory Labeling Act, which mandates that all arsenic-treated wood is labeled appropriately. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 33. 011209 [Opposing Separate Schools for Homeless Children] Supervisor Yee Resolution opposing separate schools for homeless children. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 34. 011210 [Settlement Agreement] Supervisor Sandoval Resolution urging City agencies approving building permits or taking other actions to authorize construction on the rezoned lots to make their actions consistent with the settlement agreement between New Mission Terrace Improvement Association and the developer, COMAC Investments Inc. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 35. 011211 [Commendation] Supervisor Leno Resolution commending Dana International for her global success and community leadership. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 36. 011212 [Commendation] Supervisor Maxwell Resolution commending Angela and Philip Siharath for their continued commitment and dedication to the City’s’ children, working families, and caregivers. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 37. 011213 [Commendation] Supervisor Newsom Resolution commending the Rev. Ishmeal Burch, organizer of the annual San Francisco Juneteenth Festival and Parade honoring the independence of African American slaves in Texas and the African American community in the City and County of San Francisco. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 38. 011214 [Commendation] Supervisors Peskin, Leno Resolution commending the Chinese American Association of Commerce for its valuable contributions to the community on the occasion of its 21st anniversary and declaring July 28, 2001 as "Chinese American Association of Commerce Day" in San Francisco. 6/25/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 39. 011194 [Final Map for a 6 Unit Condominium Project] Motion approving Final Map of 1344 Balboa Street, a Residential Condominium Project, being a subdivision of Lot 18, Assessor’s Block No. 1557, and adopting findings pursuant to City Planning Code Section 101.1 (Public Works Department) (DPW Order No. 172,773; District 1.) 6/21/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be ADOPTED? 40. 011195 [Final Map for a 11 Unit Commercial / Residential Condominium Project] Motion approving Final Map of 500 Masonic Avenue, a Commercial / Residential Condominium Project, being a subdivision of Lot 8A, Assessor’s Block No. 1175, and adopting findings pursuant to City Planning Code Section 101.1 (Public Works Department) (DPW Order No. 173,018; District 5.) 6/21/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be ADOPTED? 41. 011219 [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. 6/25/2001, 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:_________________________________________ 42. 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 June 21 through noon on June 27, for reference by President to appropriate committee on July 2, 2001. 011220 [Fiscal Year 2001-2002 Patient Rates for the Department of Public Health] Ordinance amending Part II, Chapter V, of the San Francisco Municipal Code (Health Code) by amending Section 128 thereof, to fix Patient Rates for services furnished by Department of Public Health, effective July 1, 2001. (Public Health Department) 6/27/2001, RECEIVED AND ASSIGNED to Finance Committee. PROPOSED RESOLUTIONS Proposed resolutions received from June 21 through noon on June 27, for reference by President to appropriate committee on July 2, 2001. 011193 [Settlement of Claim] Resolution approving the settlement of the unlitigated claim filed by Knickerbocker Properties XXXIII against San Francisco for $44,284.24; claim was filed on 04-06-2001; additional material terms of said settlement is the signing of full and final release of the City and County of San Francisco. (City Attorney) 6/21/2001, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 011197 [Grant Amendment, State Water Resources Control Board] Resolution authorizing the San Francisco Department of Public Health, Population Health and Prevention, to enter into an amended agreement with the State Water Resources Control Board reducing the original grant amount of $516,500 to $452,635 and providing indirect costs in the amended amount of $54,502 for the period of July 1, 2000 through June 30, 2001. (Public Health Department) 6/22/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Department requests this item be calendared at the July 10, 2001 meeting. 011221 [Settlement of Claim] Resolution approving the settlement of the unlitigated claim filed by Christine Dean against San Francisco for $32,000; claim was filed on October 30, 2000; additional material term of said settlement is the signing of liability against the City and County of San Francisco. (City Attorney) 6/27/2001, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 011223 [Traffic Regulations - Bike lanes on both sides of Polk Street between Turk and Post Streets] Resolution enacting traffic regulations on a portion of Polk Street. (Parking and Traffic Department) 6/27/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011233 [Occupation of Morris Street during construction of a live/work lofts at 111 Morris St.] Resolution granting revocable permission to Nibbi Brothers General Contractors for one (1) year to temporarily close and occupy the east side of the sidewalk and the parking lane on Morris Street, at the corner of the Morris-Bryant Street intersection during construction of a live-work lofts at 111 Morris Street (Block 3778, Lot 044). (Public Works Department) 6/25/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011237 [Petitions and Communications] Petitions and Communications received from June 21 through noon on June 27, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on July 2, 2001. From San Francisco League of Urban Gardeners (SLUG), submitting request for another year’s funding for the Tool Lending Center, located on San Bruno Avenue in the Portola neighborhood of District 10. 2 letters Copy: Finance Committee (1) From Office of the Controller, regarding Charter Amendment to create an Elections Commission; to establish that the Director of Elections serves at the pleasure of the Elections Commission; to establish a budget process for the Elections Commission and the Department of Elections; and to establish independent legal counsel for the Elections Commission and the Department of Elections. File 010956, Copy: Each Supervisor (2) From Office of the Controller, regarding Charter Amendment to establish agency status and make other changes to the Ethics Commission. File 010958, Copy: Each Supervisor (3) From Office of the Controller, regarding Charter Amendment to establish an Elections Commission; to establish that the Director of Elections is appointed by the Commission and may be removed for cause; to establish a budget process for the Commission and the Department of Elections; to establish independent legal counsel for the Commission and the Department of Elections; and to require appointments to an Elections Task Force by the Commission instead of the Director of Elections. File 010959, Copy: Each Supervisor (4) From Office of the Controller, regarding Charter Amendment to allow broader use of outside counsel. File 010962, Copy: Each Supervisor (5) From Office of the Controller, regarding Charter Amendment to create an Elections Commission consisting of seven members appointed by the Mayor, the Board of Supervisors, the City Attorney, the Public Defender, the District Attorney, the Ethics Commission and the Sunshine Task Force; to designate that the Director of elections serves at the pleasure of the Elections Commission; and to provide a removal process for members of the Elections Commission. File 010963, Copy: Each Supervisor (6) From Office of the Controller, regarding Charter Amendment to establish agency status and make other changes to the Ethics Commission. File 010955, Copy Each Supervisor (7) From Office of the Controller, regarding Charter Amendment to permit non-citizens to serve on appointive boards, commissions, and advisory bodies. File 010907, Copy: Each Supervisor (8) From Department of Parking and Traffic, regarding pedestrian safety at Alemany Boulevard and San Bruno Avenue (Farmer’s Market). Copy: Supervisor Ammiano (9) From Planning Department, submitting an environmental review for 2315 Van Ness Avenue for demolition of an existing two-story commercial building and construction of a five-story, eight-unit residential building. Copy: Each Supervisor (10) From James Caffee, commenting on an opinion piece in the San Francisco Chronicle entitled "making money for the library". (11) From Department of Parking and Traffic, submitting request for a continuance of Files 011126, File 011127 to allow additional time for the public to review these documents. Copy: Supervisor McGoldrick, Copy: File 011126 and File 011127 (12) From Department of Parking and Traffic, submitting request that one of these files (Parking Violation Penalties or Fines for Parking Violations) be transferred so that both these items may be considered at the same committee hearing. Files 011127, 011120, Copy: Supervisor Ammiano (13) From concerned citizens, submitting opposition to proposed legislation to end Tenancies in Common. File 010891, 2 letters (14) From North of Market Planning Coalition, submitting copy of letter sent to City Attorney Renne requesting an appointment with Deputy City Attorney Charles Sullivan to discuss the contracts pertaining to the Urban Development Action Grant Hotels. (15) From Mission Agenda, submitting request for full funding of the Master Lease Program, with the stipulation that an oversight committee be established. File 011098, Copy: Finance Committee (16) From Louie & Wong LLP, submitting notice of agreement with Professional Budget Analyst Services between the City and County of San Francisco, Board of Supervisors and the Budget Analyst Joint Venture, as required by Section 21(b). (17) From Donald Bird, requesting that City leaders take measures to protect people from pit bulls and rottweilers in City parks. (18) From Mirna Escobar, regarding alleged unpaid wages from Municipal Railway; and her work with the Police Gang Task Force and S.F. Narcotics Division regarding former tenants of Valencia Gardens. Copy: Each Supervisor, 7 letters 19) From Cecile Bodington, submitting request that funding for the Friends of the Urban Forest (FUF) be maintained or increased. 2 Letters (20) From James Cassioi, submitting support for proposed legislation to reduce the legal number of dwelling units from two to one at 2158-60 Filbert Street. (21) From Michael Petrelis, regarding Canada’s HIV test result statistics. (22) From Robert Del Torre, submitting support for the proposed cell antenna facility at 501 Laguna Street. (23) From Carter Rose, submitting support for increasing the number of hours the Main Library (Civic Center) is open. Copy: Each Supervisor (24) From Nathan Purkiss, submitting notice of the day and time the Transgender Civil Rights Task Force meets in City Hall. Copy: Supervisor Daly (25) From James Cassioi, requesting the Board of Supervisors disclose to the public if they own any illegal in-law units in San Francisco. Copy: Each Supervisor (26) From Paul Platt, urging support for passage of Instant Runoff Voting in San Francisco. File 010966 (27) From Commission on the Aging, submitting report entitled "Area Plan for fiscal year 2001-2005" regarding area plan background, area plan goals and objectives and area plan administration information for the City and County of San Francisco. (28) From Department of Public Works, regarding the feasibility of installing additional traffic designations along Lake Merced Boulevard, between Brotherwood Way and John Muir Drive. (Reference No. 20010507-006) Copy: Supervisor Hall (29) From Department of Parking and Traffic, regarding the feasibility of installing Stop signs at Edinburgh Street between Brazil and at Persia Avenues. (Reference No. 20010514-005) (30) From Office of the City Attorney, submitting an update on Pacific Gas and Electric Company Bankruptcy Case. (31) From State Board of Equalization, submitting statute (Revenue and Taxation Code Section 237) establishing an exemption for low-income rental housing owned and operated by a federally recognized Indian tribe or a housing entity designated by a tribe under certain conditions. (32) From Department of Public Health, regarding the Health Care Accountability Ordinance. (Reference No. 20010611-006) Copy: Supervisor Hall (33) From Department of Human Services, regarding the Joint Board of Education/Board of Supervisors Digital Divide Task Force. (Reference No. 20010611-017) Copy: Supervisor Daly (34) From Richmond District Democratic Club, submitting support for the Ethics Commission request for seven new staff positions. Copy: Finance Committee (35) From Office of the Legislative Analyst, submitting report regarding City departments use of Geographic Information Systems; and the possible linkage of these systems, and to determine whether the Board of Supervisors, City departments, and the public have, or could have, access to them. (36) From Budget Analyst, submitting budget reduction scenarios for fiscal year 2001-02. Copy: Finance Committee (37) From Planning Department, regarding Discretionary Review Findings for proposed Interim Controls for the Mission District. File 010455, Copy: Each Supervisor (38) From Building Inspection Commission, submitting support for proposed ordinance adding Section 9001.13 to the San Francisco Fire Code, and amending Section 904 to the San Francisco Housing Code; to require the installation of automatic sprinkler systems in residential hotels, as defined in the ordinance. File 010224, Copy: Each Supervisor (39) From James Chaffee, commenting on editorial in the Library Journal (April 15, 2001) regarding Board of Supervisors rejecting a plan to refer library patrons to a collection agency for payment of their fines and charges. (40) From Urban Counties Caucus, submitting legislative update newsletter, dated June 22, 2001. (41) From Mr. & Mrs. Richard Scott, submitting support for all efforts to reduce flight delays at San Francisco International Airport without paving the Bay. (42) From Martin Lyon, submitting support for Stop signs facing Ulloa Street traffic at 14 th Avenue and Vicente Street at 15 th Avenue, in effect rendering these intersections as a four-way Stop. (43) From Felycia Martin, submitting support for the Police Departments "Operation Dream" program in the Sunnydale Housing Complex that teach these children that there is much more to life than drugs, shootings and fighting that they see on a daily basis in the Sunnydale Housing Complex. Copy: Each Supervisor (44) From Ken Jones, regarding various topics: commenting on the behavior of WSB security guards at the LaPlaya Safeway (Ocean Beach) store and suggesting that these security guards need additional sensitivity training; and his interest to work with the Board of Supervisors to stop AIDS in San Francisco. 3 letters (45) From The White House, submitting appreciation for forwarding resolution declaring April 24, 2001 as Armenian Genocide Commemoration Day in San Francisco. File 010607 (46) From Youth Commission, submitting resolution urging the Board of Supervisors and the Mayor to collectively allocate $400,000 to the Excelsior Health Center. (47) From Michael Dabit, submitting request for transfer of a Type 20 liquor license from 550 Taraval Street to 222 Polk Street for the "Polk and Green Produce Market". Copy: Economic Vitality, Small Business and Social Policy Committee (48) From Department of Public Health, submitting proposed ordinance to revise patient rates for the Department of Public Health, as required by Section 128 of the San Francisco Health Code. Copy: Finance Committee (49) From California Immigrant Welfare Collaborative, urging support of AB 540 which would allow California high school graduates to pay in-state tuition and qualify for financial assistance to attend public colleges and universities, regardless of their immigration status. Copy: Each Supervisor (50) From Office of the Legislative Analyst, submitting report that compares and contrasts Municipal Power Authorities and Municipal Utility Districts in California. Files 010424, 010597, 010957 (51) Number not used. (52) From Jennifer Morris, regarding alleged prostitution at the "Market Street Cinema". Copy: Each Supervisor (53) From Public Utilities Commission, submitting amended copy (errata) of the Hetch Hetchy Financial Performance report, dated June 28, 2001. Copy: Finance Committee (54) From Action for Better Cities, submitting request for involvement in "Action for Better Cities" on the part of the elected officials in San Francisco. Copy: Each Supervisor (55) From Clerk of the Board, submitting notice that no sole source contracts were entered into with the Board of Supervisors/Clerk of the Board’s Office in fiscal year 2000-01. (56) From Maria Torre, submitting letter from "Parent Voices" opposing the recommendation of the Budget Analyst for the elimination of the position of Special Assistant at Department of Human Services for Childcare Planning. Copy: Each Supervisor, Finance Committee (57) From John Jenkel, commending on the alleged City Attorney cover-up of Mayor Brown’s desire to kill a cage-raged dog for political gain. (58) From State Department of Child Support Services, regarding the Tax Relief Reconciliation Act of 2001 approved by Congress and signed into law directing the Federal Treasury to send checks to qualifying income taxpayers giving them an advance payment of a 2001 tax credit. (59) From Frances Schreiberg, submitting notice of hearing at Stanford Law School on July 24, 2001, regarding Federal OSHA ergonomics standards. Copy: Each Supervisor (60) From Jeff Rusteen, submitting support for proposed legislation regarding the "One on One Paramedic Program". File 011036, Copy: Each Supervisor (61) From Fire Department, submitting report entitled "Rapid Paramedic Response System" regarding decision to change ambulance staffing from two paramedics to one paramedic and one Emergency Medical Technician, dated April 2001. Copy: Supervisor Ammiano (62) From Safeway, Inc., submitting request for transfer of a Type 20 license to a Type 21 liquor license for Safeway Store # 4601 at 145 Jackson Street. Copy: Economic Vitality, Small Business and Social Policy Committee (63) From Department of Parking and Traffic, regarding curb painting on Crespi Drive between Cardenas Avenue and Juan Bautista Circle. (Reference No. 20010423-002) Copy: Supervisor Hall (64) From Jose Villane, submitting support for additional funding ($366,298) for San Francisco AIDS Foundation and Larkin Street Youth Services to provide a range of subsidies to enable some 500 low-income people with HIV and AIDS to find apartments in San Francisco. Copy: Each Supervisor, Finance Committee (65) From Planning Department, submitting a Preliminary Negative Declaration for the "Industrial Protection Zone Special Use District", which would establish permanent zoning controls in the form of a Special Use District. Within the Special Use District the provisions of the underlying M-1, M-2 and C-M zoning controls remain applicable, except that no residential or live/work development or conversion to such uses shall be allowed; and no new office development or conversion to office shall be allowed, except where such office is determined to be accessory to a permitted industrial use. Copy; Each Supervisor (66) From David Renroth, submitting various comments. (67) Appointment by the Mayor Civil Service Commission Linda Richardson 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. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909. Disability access The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible. The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #42 Downtown Loop, 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 Violeta Mosuela 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 Clerk of the Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna_Hall@ci.sf.ca.us 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.ci.sf.ca.us/bdsupvrs/sunshine.htm