Board of Supervisors Agenda: August 20, 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, August 20, 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 8 Recommendations of the Audit, Labor and Government Efficiency Committee Present: Supervisors Newsom, Daly, McGoldrick 1. 011377 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Brenda Sgamba against the City and County of San Francisco for one hundred sixty-two thousand, seven hundred and fifty dollars and no cents ($162,750.00), and to Sgamba’s attorney Christopher Dolan (payable to The Dolan Law Firm) the total lump sum for costs and fees of one hundred sixty-two thousand, two hundred and fifty dollars and no cents ($162,250.00) (for a total sum of $325,000.00); the lawsuit was filed on March 16, 1999 in San Francisco Superior Court, Case No. 302-011; entitled Brenda Sgamba v. City and County of San Francisco, et al. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? 2. 011378 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Robert Weidman against the City and County of San Francisco for $27,500, plus an amount not to exceed $20,000 for additional attorney’s fee and cost; the lawsuit was filed on May 24, 2001, in the United States District Court, Case No. C99-4442 TEH; entitled Robert Weidman v. City and County of San Francisco, et al. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? 3. 011442 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Scottie M. McKinney against the City and County of San Francisco for $100,000; the lawsuit was filed on January 14, 2000 in United States District Court, Case No. C00-0175 MMC; entitled Scottie M. McKinney v. City and County of San Francisco; other material terms of said settlement are McKinney agrees to retire, and not to seek or accept employment from the City and County of San Francisco in the future. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Housing, Transportation and Land Use Committee Present: Supervisors McGoldrick, Peskin 4. 011299 [Stop Intersections] Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Pinehurst Street and Kenwood Way, northwest and southeast corners, stopping Pinehurst Street (makes this uncontrolled intersection a two-way STOP) (Parking and Traffic Department) (DPT Order No. 2261.) Question: Shall this Resolution be ADOPTED? 5. 011300 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. DIAGONAL (45-DEGREE ANGLE) PARKING - RESCIND Point Lobos Avenue, north side, from 30 feet to 184 feet west of Merrie Way (154-foot zone, restores parallel parking) RESIDENTIAL PERMIT PARKING AREA "D" (4-HOUR TIME LIMIT, 9 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Arlington Street, both sides, between Miguel and Roanoke Streets (300 and 400 blocks) Mateo Street, both sides, between Arlington and Chenery Streets (200 block) RESIDENTIAL PERMIT PARKING AREA "W" (1-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH York Street, both sides, between 23rd and 24th Streets (1100 block) York Street, both sides, between 24th and 25th Streets (1200 block) UNMETERED MOTORCYCLE PARKING - ESTABLISH Pierce Street, west side, from 39 feet to 46 feet south of Page Street (7-foot zone, accommodating 2 motorcycles) Pierce Street, west side, from 60 feet to 67 feet south of Page Street (7-foot zone, accommodating 2 motorcycles) (Parking and Traffic Department) (DPT Order No. 2261.) Question: Shall this Resolution be ADOPTED? 6. 011301 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. LEFT LANE MUST TURN LEFT - ESTABLISH 10th Street, southbound, at Division Street LEFT LANE MUST TURN LEFT, EXCEPT MUNI - ESTABLISH Northpoint Street, eastbound, at The Embarcadero RIGHT LANE MUST TURN RIGHT - ESTABLISH Circular Avenue, northbound, at Monterey Boulevard STREET CLOSURE (NO PUBLIC ACCESS) - ESTABLISH Brazil Street, from Mansell Street to approximately 900 feet northerly (900-foot zone) TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Lincoln Way, south side, from 3rd Avenue to 31 feet easterly (31-foot zone) Lincoln Way, south side, from 4th Avenue to a point 100 feet west of 3rd Avenue TWO LEFT LANES MUST TURN LEFT - ESTABLISH Lincoln Way, eastbound, at 3rd Avenue/Kezar Drive NO RIGHT TURN - ESTABLISH Lincoln Way, eastbound, at 3rd Avenue (Parking and Traffic Department) (DPT Order No. 2261.) Question: Shall this Resolution be ADOPTED? Recommendations of the Public Health and Environment Committee Present: Supervisors Maxwell,Yee, Leno 7. 011133 [State contract funds for substance abuse treatment] Supervisor Leno Resolution authorizing the San Francisco Department of Public Health, Community Substance Abuse Services (CSAS) to enter into a Combined Negotiated Net Amount and Drug Medi-Cal Agreement with the California State Department of Alcohol and Drug Programs (DADP) for the term of July 1, 2001, retroactively through June 30, 2005 in the fiscal year 2001-2002 amount of $19,191,568 as a condition of receiving state funds and Drug Medi-Cal reimbursement for substance abuse treatment; holding the State Department of Alcohol and Drug Programs harmless from any and all claims and losses from the agreement; designating the Director of CSAS to sign the Agreement and to approve future amendments to the Agreement for amounts less than ten percent (10%) of the contracted amount. (Public Health Department) Question: Shall this Resolution be ADOPTED? 8. 011440 [Contract funds for SFHIV Vaccine Clinical Trials Unit] Supervisor Leno Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter into an agreement in the amount of $754,360 with Public Health Foundation Enterprises Inc. [PHFE), the primary contractor, to fund the second year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a unit of the HIV Vaccine Trials Network (HVTN); for the period retroactive from June 1, 2001 to May 31, 2002. (Public Health Department) 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 9. 011522 [Findings - Tentative/Parcel Map Appeal for 107 24th Avenue] Motion adopting findings related to the appeal of the decision of the Director of Public Works approving a Tentative/Parcel Map to legalize a proposed subdivision creating two lots in Assessor’s Block 1334, Lot 1, at 107 24th Avenue. (Clerk of the Board) (Companion measure to Files 011350, 011351, 011352, 011353.) 8/15/2001, RE-REFERRED to Board of Supervisors. Question: Shall this Motion be ADOPTED? From the Department of Building Inspection 10. 011531 [Special Assessment Liens for Assessment of Costs - Building Inspection] Resolution confirming report of delinquent charges for code enforcement cases with delinquent assessment of costs, emergency order fees, and fees pursuant to the provisions of Sections 102.1, 102.2, 102.3, 102.12, 102.14, 102.16, 102.17, 102.18, 102.19 et seq., and Section 110 Table 1-K, of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for services rendered by said Department the costs thereof having accrued pursuant to the Code violations referenced above. 8/13/2001, CONTINUED. 591 Waller Street severed from File 011307. Continued to August 20, 2001. Question: Shall this Resolution be ADOPTED? Recommendation of the Economic Vitality, Small Business and Social Policy Committee Present: Supervisors Sandoval, Newsom 11. 010779 [Campaign and Governmental Conduct Code, Recorded Political Telephone Messages] Supervisors Peskin, Newsom, Ammiano, Leno, McGoldrick, Gonzalez, Maxwell Ordinance amending Article I, Chapter 1 of the San Francisco Campaign and Governmental Conduct Code by amending Section 1.104 and adding Section 1.163 to require persons funding recorded telephone calls that support or oppose candidates for City elective office to identify themselves as the source of funding. 8/13/2001, PASSED ON FIRST READING. Supervisors Ammiano and Leno requested to be added as co-sponsors. Question: Shall this Ordinance be FINALLY PASSED? NEW BUSINESS Recommendations of the Audit, Labor and Government Efficiency Committee Present: Supervisors Newsom, Daly, McGoldrick 12. 011320 [MOU, Police Officers Association] Mayor Ordinance adopting and implementing the Memorandum of Understanding between the San Francisco Police Officers’ Association (SFPOA) and the City and County of San Francisco to be effective for the period July 1, 2001, through June 30, 2003. (Mayor) (Fiscal impact.) Question: Shall this Ordinance be PASSED ON FIRST READING? 13. 011381 [Tolling Agreement Extension with Irrigation District] Resolution approving Tolling Agreement Extension with Modesto and Turlock Irrigation Districts. (City Attorney) Question: Shall this Resolution be ADOPTED? Recommendations of the Housing, Transportation and Land Use Committee Present: Supervisors McGoldrick, Peskin 14. 010488 [Bicycle Storage] Supervisor Leno Ordinance amending Section 155 of the Planning Code and adding Section 155.4 to the Planning Code to require that all new commercial buildings and commercial buildings with major renovations contain parking spaces for bicycles proportionate to and in accordance with such building’s square footage and primary use. Planning Commission Resolution #16180 adopted June 28, 2001 recommending approval. Received Certificate of Determination of Exemption/Exclusion from Environmental Review dated April 17, 2001. Question: Shall this Ordinance be PASSED ON FIRST READING? 15. 011124 [Commercial Vehicle Weight Restriction - Pond Street] Ordinance adding Section 28.5.53 to the San Francisco Traffic Code, establishing a commercial vehicle weight restriction on a portion of Pond Street. (Parking and Traffic Department) Question: Shall this Ordinance be PASSED ON FIRST READING? 16. 011366 [Residential Housing Projects] Supervisors Leno, McGoldrick, Maxwell Resolution urging the San Francisco Planning Department and Planning Commission not to approve residential housing projects of ten units or more with less than a 10% affordability requirement or 15% affordability requirement for conditional use projects and Planned Unit Development (PUDs) prior to consideration by the Board of Supervisors of legislation specifically codifying these affordability levels. Question: Shall this Resolution be ADOPTED? Recommendations of the Rules Committee Present: Supervisors Gonzalez, Ammiano 17. 011472 [Ballot Argument - Revenue Bond Solar Energy Facilities] Supervisor Leno Motion authorizing proponent’s ballot argument in favor of Proposition B, a Revenue Bond Measure regarding Solar Energy Facilities. Question: Shall this Motion be ADOPTED? 18. 011473 [Ballot Argument - Vacancy in Elective Office] Supervisor McGoldrick Motion authorizing proponent’s ballot argument in favor of Proposition C, a Charter Amendment regarding vacancy in Elective Office. Question: Shall this Motion be ADOPTED? 19. 011476 [Ballot Argument - Land Fill of 100 Acres or More in the San Francisco Bay] Supervisor Peskin Motion authorizing opponent’s ballot argument in favor of Proposition D, a Charter Amendment regarding Land Fill in San Francisco Bay. Question: Shall this Motion be ADOPTED? 20. 011474 [Ballot Argument - Election, Ethics and Outside Counsel] Supervisor Newsom Motion authorizing proponent’s ballot argument in favor of Proposition E, a Charter Amendment regarding Election, Ethics and Outside Counsel. Question: Shall this Motion be ADOPTED? 21. 011470 [Ballot Argument - Municipal Water and Power Agency] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition F, a Charter Amendment creating a Municipal Water and Power Agency. Question: Shall this Motion be ADOPTED? 22. 011471 [Ballot Argument - Redistricting] Supervisor Daly Motion authorizing proponent’s ballot argument in favor of Proposition G, a Charter Amendment regarding Redistricting. Question: Shall this Motion be ADOPTED? 23. 011469 [Ballot Argument - Revenue Bond Authority] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition H, a Charter Amendment regarding revenue bond authority for renewable energy and energy conservation projects. Question: Shall this Motion be ADOPTED? 24. 011468 [Ballot Argument - Municipal Utility District] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition ____, a proposal to form a Municipal Utility District for the City and County of San Francisco and the City of Brisbane to be known as the San Francisco-Brisbane Municipal Utility District. Question: Shall this Motion be ADOPTED? SPECIAL ORDER 3:00 P.M. 25. 011390 [Public Hearing - Appeal, Conditional Use, 4501 Irving Street] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No.16182 dated June 28, 2001, approving Conditional Use Application No. 2000.1261EC, under Sections 121.1 and 710.11 to develop a new four-story, mixed-use building, at a maximum height of forty feet, containing approximately 1,800 square feet of commercial office/retail space and eleven off-street parking spaces in the ground floor garage and ten dwelling units on a remaining three upper floors on two lots with a total area exceeding 5,000 square feet, in an NC (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District, on property located at 4501 Irving Street, southwest corner of Irving Street and 46th Avenue; Lots 47 and 49, in Assessor’s Block 1801. 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.) 26. 011391 [Appeal, Conditional Use, 4501 Irving Street] Motion approving decision of the Planning Commission by its Motion No. 16182 approving Conditional Use Application No. 2000.1261EC, on property located 4501 Irving Street, southwest corner of Irving Street and 46th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 27. 011392 [Appeal, Conditional Use, 4501 Irving Street] Motion disapproving decision of the Planning Commission by its Motion No. 16182 approving Conditional Use Application No. 2000.1261EC, on property located 4501 Irving Street, southwest corner of Irving Street and 46th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 28. 011394 [Environmental Review] Motion certifying review of Final Negative Declaration relating to proposed Conditional Use of Property at 4501 Irving Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 29. 011393 [Findings - 4501 Irving Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1261EC, on property located 4501 Irving Street, southwest corner of Irving Street and 46th Avenue, for action by the Board at its next meeting. (Clerk of the Board) Question: Shall this Motion be ADOPTED? SPECIAL ORDER 3:00 P.M. 30. 011486 [Public Hearing, Appeal, Environmental Impact Report, deYoung Museum] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 16039 dated December 7, 2000, certifying the Final Environmental Impact Report, Case File No. 199.455E for the proposed deYoung Museum project. (Appeal filed January 12, 2001; Draft EIR Publication Date: July 22, 2000; Draft EIR Pulic Hearing Date: August 24, 2000; Draft EIR Public Comment Period: July 22, 2000 to August 29, 2000; Final EIR Certification Date: December 7, 2000; companion measure to Files 011487, 011488, 011489.) 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 Clerk of the Board (Only one of the following two motions should be adopted.) 31. 011487 [Affirming certification of New M.H. de Young Museum EIR]] Motion affirming the certification of the Final Environmental Impact Report for the New M.H. de Young Museum Development Project located at 75 Tea Garden Drive by the Planning Commission. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 32. 011488 [Disapproving certification of New M.H. de Young Museum EIR] Motion disapproving the certification of the Final Environmental Impact Report for the New M.H. de Young Museum Development Project located at 75 Tea Garden Drive by the Planning Commission. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 33. 011489 [Preparation of findings to disapprove certification of New M.H. de Young Museum EIR]] Motion directing the Clerk of the Board to prepare findings disapproving the certification of the Final Environmental Impact Report for the New M.H. de Young Museum Development Project located at 75 Tea Garden Drive by the Planning Commission. (Clerk of the Board) Question: Shall this Motion be ADOPTED? COMMITTEE REPORTS Reports from committees, if any, recommending emergency or urgent measures. From Rules Committee The following items will be considered by the committee at a Special meeting on August 20, 2001, at 8:30 AM. The Chair intends to request the committee to send the following items to the Board as a committee report. 34. 010840 [Elections Task Force] Ordinance creating the Elections Task Force to redraw Board of Supervisor district lines pursuant to the provisions set forth in Charter Section 13.110(d) following the 2000 federal census. (Clerk of the Board) 5/29/2001, RE-REFERRED to Rules Committee. Supervisor Sandoval requested this matter be re-referred to committee. Question: Shall this Ordinance be PASSED ON FIRST READING? 35. 011497 [Rent Control Ordinance amendment, six month period which landlords may not evict tenants for non-payment of capital improvement passthrough] Supervisors Ammiano, Hall Ordinance providing a six-month period commencing August 10, 2001, during which landlords are prevented from evicting tenants for non-payment of that portion of rent attributable to capital improvement passthrough petitions decided at the Rent Board after April 10, 2000, pursuant to capital improvement petitions filed prior to August 10, 2001. Question: Shall this Ordinance be PASSED ON FIRST READING? 36. 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. 37. 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 38 through 46 38. 011504 [Grant - Bay Area Air Quality Management District] Supervisor Ammiano Resolution authorizing the Director of the Department of the Environment and the City Administrator, to apply for $965,000 from the Bay Area Air Quality Management District’s Transportation Fund for Clean Air for a project to improve air quality in the San Francisco Bay Area, with the understanding that the City and County of San Francisco, if awarded these grants, would be required to indemnify the district from claims resulting from the City’s performance of said agreements. 8/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 39. 011505 [Voting Rights to Citizens of Washington, D.C.] Supervisors Gonzalez, Daly, Maxwell Resolution urging the United States of Congress to recognize the District of Columbia’s constitutional right to basic democracy, through voting representatives, by granting full voting rights to the citizens of the District of Columbia. 8/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 40. 011506 [Support AB 388, Industrial Hemp Bill] Supervisors Leno, McGoldrick, Maxwell Resolution urging the California State Assembly to support AB 388, the Industrial Hemp Bill sponsored by Assemblywoman Virginia Strom Martin. 8/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 41. 011507 [Unified School District use of Prop A Bonds] Supervisor Yee Resolution urging the San Francisco Unified School District to honor their explicit promise to the voters of the City and County of San Francisco and the Board of Supervisors before they receive the remaining portion of the 1997 Proposition A Bonds. 8/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 42. 011508 [Housing Authority Public Housing Application] Supervisors Yee, Gonzalez Resolution urging the San Francisco Housing Authority to have a formal and a verifiable public housing process in paper and multi-lingual with tracking numbers. 8/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 43. 011509 [Commend - SF Healthy Children Community Collaboration] Supervisor Daly Resolution commending the San Francisco Healthy Children Community Collaboration for its community-based efforts to protect low-income young children 0-5 from preventable diseases and conditions. 8/13/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 44. 011521 [Pedestrian Safety Working Group] Supervisor Ammiano Resolution establishing October 15, 2001 as the date of Pedestrian Safety and Street Resurfacing Working Group will provide its recommendations to the Board of Supervisors and the San Francisco County Transportation Authority and adding one citywide member with expertise in pedestrian safety appointed by the President of the Board of Supervisors. 8/15/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 45. 011523 [Supporting the Historic Homeownership Assistance Act of 1999] Supervisor Peskin Resolution supporting the Historic Homeownership Assistance Act of 1999 (H.R. 1172), and urging the immediate passage of this Act by Congress and its enactment by President George W. Bush. 8/15/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 46. 011524 [Commendation] Supervisor Sandoval Resolution commending Hoy Ping Benevolent Association on their Ninetieth Anniversary. 8/15/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? Questions on the For Adoption Without Committee Reference Agenda:_________________________________________ 47. 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 August 9 through noon on August 15, for reference by President to appropriate committee on August 20, 2001. None. PROPOSED RESOLUTIONS Proposed resolutions received from August 9 through noon on August 15, for reference by President to appropriate committee on August 20, 2001. 011443 [One-year extension for occupancy of Anthony and Jessie Streets during construction operations at 560 Mission Street] Resolution granting revocable permission to Turner Construction Company for a one-year extension to temporarily close and occupy a portion of the sidewalk and parking lane on the easterly side of Anthony Street, between Mission and Jessie Streets, and a portion of the street area on Jessie Street during construction operations at 560 Mission Street (Block 3708, Lots 015, 017 & 018). (Public Works Department) 8/8/2001, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 011492 [State Grant for Homeless Shelter Services at 1101 Polk Street-] Resolution authorizing the Department of Human Services to accept and expend a forgivable loan in the amount of $496,544 from the California Department of Housing and Community Development Emergency Housing Assistance Program (EHAP) to make crucial improvements at Multi-Service Center North (1101 Polk Street), which provides homeless shelter services. (Human Services Department) 8/9/2001, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 011493 [Federal grant for Clean Air Program] Resolution authorizing the Director of the Department of the Environment and the Department of Administrative Services to accept and expend an amount not to exceed $150,000 over a three year period from the United States Department of Energy (DOE), to provide rebates to subsidize the procurement cost of alternative fuel vehicles; and authorizing these departments to execute agreements with the U.S. DOE. (Administrative Services Department) 8/15/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 011520 [Expend DOC Beverage Container Recycling Payment] Resolution authorizing the City Administrator to expend a $230,484 payment from the Department of Conservation (DOC) for fiscal year 2000/2001. (Administrative Services Department) 8/15/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 011529 [Installation of disability access ramps to provide access to 1 Tillman Place] Resolution granting revocable permission to Grace W. C. and Simon B. L. Chang to occupy a portion of the street to install disability access ramps to provide access to 1 Tillman Place. (Public Works Department) 8/14/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011525 [Appropriation Limit for Fiscal Year 2001-02] Resolution establishing the appropriations limit for fiscal year 2001-02 pursuant to California Constitution Article XIII B. (Controller) 8/15/2001, RECEIVED AND ASSIGNED to Finance Committee. 011532 [Petitions and Communications] Petitions and Communications received from August 9 through noon on August 15, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on August 20, 2001. From concerned citizens, submitting opposition to proposed legislation regarding "Dancehall Permits". File 010845, 5 letters (1) From Supervisor Hall, submitting appointment of Michael Kasolas as member to the Pedestrian Safety and Street Resurfacing Working Group. Copy: Rules Committee (2) From Association of Bay Area Governments, submitting notification of dates and times for a series of meetings to discuss the proposed final plan to meet the one-hour national ambient air quality standard for ozone. Copy: Each Supervisor (3) From concerned citizens, commenting on the proposed Dog Policy of the San Francisco Recreation and Parks Department. File 011172, Copy: Each Supervisor, 7 letters (4) From Department of Parking and Traffic, regarding the feasibility of amending the traffic element of the General Plan to re-designate Santa Clara Avenue from Portola to the intersection of Santa Clara Avenue and Monterey Boulevard, and then Monterey Boulevard from Santa Clara Avenue to Ridgewood Avenue from a secondary arterial street to a local/collector street. (Reference No. 20010625-004) Copy: Supervisors Hall, Newsom (5) From Ethics Commission, submitting support for proposed legislation to require persons who fund recorded telephone calls that support or oppose candidates for City elective office to identify themselves as the source of funding. File 010779, Copy: Each Supervisor (6) From Office of the City Administrator, submitting appointment of Tammy Haygood as Director of the Department of Elections. Copy: Each Supervisor (7) From Planning Department, regarding Interim Land Use Controls for Third Street (between Islais Creek and Paul Avenue). File 011373, Copy: Each Supervisor (8) From Instituto Laboral De La Raza, submitting support for San Francisco Day Labor program and its new leased office space situated at 3358 Cesar Chavez Street. (9) From Public Utilities Commission, regarding appeal of proposed subdivision of City-owned property located at 107 24th Street (known as the old Billman property). Files 011351, 011352, 011353, Copy: Each Supervisor (10) From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under management. Copy: Each Supervisor (11) From Civil Service Commission, submitting copy of the Survey of Monthly Rates Paid to Police Officers and Firefighters in all cities of 350,000 or more in the State of California. Copy: Each Supervisor (12) From Office of the Legislative Analyst, submitting report regarding Diesel Emissions. Copy: Each Supervisor (13) From Outer Mission Residents Association, submitting support for proposed plans of the new owners of the Apollo property along Geneva Avenue. Copy: Supervisor Sandoval (14) From Department of Telecommunications and Information Services, reporting on the City’s ability (Director of the Department of Telecommunications and Information Services and the City Attorney’s Office) to renegotiate the cable franchise agreement and to ensure that the conditions of the last agreement are met and not delayed in the event of a merger between AT&T Broadband and Comcast Corporation. (Reference No. 20010709-008) Copy: Supervisor Sandoval (15) From Rick Thurber, commenting on the negative impact that abuse, vandalism and neglect of property has on the quality of life, especially in the inner city. (16) From Office of the Sheriff, regarding plans for compliance with the Equal Access to Services ordinance. (Reference No. 20010716-020) Copy: Supervisor Leno (17) From Jeff Foster, commenting on the increased homeless population in the Castro district. Copy: Each Supervisor (18) From David Eberly, suggesting a barrier be placed at the traffic island reserved for passengers boarding the N Judah streetcar at 9th and Judah. Copy: Each Supervisor (19) From WD Flient, submitting request for an investigation into alleged unsafe conditions at County Jail #2 at 850 Bryant Street. Copy: Each Supervisor (20) From Department of Public Works, submitting notice that appellants’ signatures with respect to 4501 Irving Street represent owners of more than 20% of the area involved and is therefore sufficient for appeal. File 011390 (21) From Steven Keller, submitting announcement that Michael Petrelis, AIDS activist will be on the Steven Keller Show, August 27, 2001 at 9 p.m. on San Francisco cable access channel 29. (22) From Aaron Goodman, suggesting that a scrub brush may be the only way to get the grime off the streets in the civic center area of San Francisco. (23) From Robert Rao, submitting opposition to the relocation of the Day Labor program to 3358 Cesar Chavez Street. (24) From Charlie Peters, regarding the overhaul of the Smog Check program. (25) From Jeff Hirsh, commenting on the new advertisements on buses and billboards that read: "San Francisco’s First Fcuk". Copy: Each Supervisor (26) From concerned citizens, submitting support for the new recycling program in San Francisco. File 010807, Copy: Each Supervisor, 2 Letters (27) From Russ Young, submitting support for making bicycle lanes permanent in San Francisco. Copy: Each Supervisor (28) From Fredeick Hobson, commenting on an article in Central City Extra’s newspaper regarding himself. (29) From John Jenkel, commenting on the Robert Noel/Marjorie Knoller dog mauling case. 2 Letters (30) From concerned citizens, submitting opposition to proposed legislation to ban parking in one’s driveway. File 011484, Copy: Each Supervisor, 2 Letters (31) From Thomas Campbell Jr., submitting request for transfer of a Type 42 liquor license from 1795 Geary Blvd to 1807 Geary Blvd. Copy: Economic Vitality, Small Business and Social Policy Committee (32) From Real Estate Division, submitting report of property owned by the City and County of San Francisco, the Community College District, and by the San Francisco Unified School District. (33) From Mayor’s Criminal Justice Council, submitting copy of the City and County of San Francisco’s Schiff-Cardenas Crime Prevention Act of 2000 (CPA 2000) Annual Report to the California Board of Corrections. (34) From Office of the City Attorney, submitting an update on Pacific Gas and Electric Company’s Bankruptcy Case. Copy: Each Supervisor (35) From Public Utilities Commission, regarding Decentralized Wastewater Treatment Options. (Reference No. 20010702-008) Copy: Supervisor Maxwell (36) From Department of Public Health Office of Equal Employment Opportunity, Affirmative Action, and Cultural Competency, regarding the Equal Access to City Services Ordinance. (Reference No. 20010716-014) Copy: Supervisor Leno (37) From Mirna Escobar, submitting information regarding claim of alleged unpaid wages, overtime and vacation pay while working for MUNI. (38) From Frederick Hobson, commenting that all public speakers should be given the same amount of speaking time at all public meetings, pursuant to State and local law. Copy: Each Supervisor, 2 Letters (39) From YMCA, submitting copy of the newsletter regarding the impact the YMCA has had on thousands of lives. (40) From Phoebe Williams, submitting various comments. (41) From Frederick Hobson, submitting copy of letter sent to Secretary, Commission of Animal Control and Welfare requesting a corrected/amended copy of the minutes from the June 14, 2001 meeting of the Commission. (42) From Department of Public Health, submitting request for waiver of requirements of Chapters12B and 12C of the Administrative Code for Advantis Pasteur and General Injectable Vaccines, the only companies available that provide needed vaccines for the residents of San Francisco. (43) From Department Parking and Traffic, regarding the proposed renaming of Phelan Avenue. File 011245, Copy: Each Supervisor (44) From concerned citizens, regarding the proposed underground garage at Block 202 of Ferry Park bounded by the Embarcadero and Drumm Street. Copy: Each Supervisor, 2 Letters (45) From concerned citizens, commenting on the proposed new design of the De Young Museum. Copy: Each Supervisor, 2 Letters (46) From Michael Manwaring, submitting support for the approval of design and construction of the Prada Building at 185 Post Street. Copy: Each Supervisor (47) From Office of the Controller, submitting set of high level financial reports for the month of July 2001 showing fiscal year 2001/02 status and year-end figures for the prior year 2000/01. (48) From Michael Luckoff, submitting copy of a KGO Radio editorial entitled "Not Worth the Paper" commenting that nobody at City Hall pays much attention to the Grand Jury’s report. (49) From concerned citizens, submitting support to ban the sale of fur in San Francisco. 3 Letters (50) From concerned citizens, submitting support for legislation requiring all city agencies to give 24 hour notice to homeless people before confiscating their personal belongings. 2 Letters (51) From Kevin Smith, submitting support for funding of OMI Family Resource Center in this years budget. (52) From Office of the Controller, submitting copy of the final Consolidated Budget and Annual Appropriation Ordinance for fiscal year ending June 30, 2002. (53) From Planning Department, submitting the Final Environmental Impact Report for the new De Young Museum. (54) 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: #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 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 409, 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