Board of Supervisors Agenda: August 12, 2002

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 12, 2002 2:00 PM Regular Meeting TOM AMMIANO, PRESIDENT CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO, SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE Gloria L. Young, Clerk of the Board ROLL CALL AND PLEDGE OF ALLEGIANCE APPROVAL OF MEETING MINUTES Motion to approve the June 10 and June 17, 2002 Meeting Minutes. AGENDA CHANGES COMMUNICATIONS Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report 4) Department or Agency cover letter and/or report 5) Public correspondence These items will be available for review at City Hall, Room 244, Reception Desk. CONSENT AGENDA All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item. Items 1 through 15 Recommendations of the Health and Human Services Committee Present: Supervisors Daly, Leno, Maxwell 1. 021192 [Study of at-risk and HIV positive youth in San Francisco] Supervisors Leno, Maxwell Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $20,160 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to participate in a study of at-risk and HIV positive youth in San Francisco, for the period of March 1, 2002, to February 28, 2003. (Public Health Department) Question: Shall this Resolution be ADOPTED? 2. 021231 [Recurring FY2002-2003 State grant funds to DPH from the California Department of Health Services] Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for FY 2002-2003. (Public Health Department) Question: Shall this Resolution be ADOPTED? 3. 021232 [Study of HIV prevention in beerhalls in Harare, Zimbabwe] Supervisor Maxwell Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $36,991 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to participate in a randomized trial of HIV prevention in beerhalls in Harare, Zimbabwe, for the period of May 1, 2002, to April 30, 2003. (Public Health Department) Question: Shall this Resolution be ADOPTED? 4. 021233 [Support and enhance podiatry, nutrition, and diabetic nurse educator services at the Potrero Hill Health Center] Supervisor Maxwell Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a new grant in the amount of $75,000 from the Franklin Benevolent Corporation (FBC) to expand on-site direct patient care services for vulnerable and high-risk patients at the Potrero Hill Health Center and to enter into an agreement for the use of these funds; for the period of July 1, 2002 through June 30, 2003. (Public Health Department) Question: Shall this Resolution be ADOPTED? Recommendations of the Rules and Audits Committee Present: Supervisors Hall, Gonzalez 5. 020988 [Settlement of Lawsuit] Ordinance authorizing settlement of the matter of Cheryl C. Jessee v. City and County of San Francisco for $45,000 to Cheryl C. Jessee and $61,500 to her attorney of record, Mayo & Rogers. The lawsuit was filed on May 25, 2001, in San Francisco Superior Court, Case No. 321-661; entitled Cheryl C. Jessee v. City and County of San Francisco. (City Attorney) (Public Benefit Recipient.) Question: Shall this Ordinance be PASSED ON FIRST READING? 6. 021045 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Yun Fong Kwan, et al., against the City and County of San Francisco for $90,000; the lawsuit was filed on March 22, 1999 in Superior Court, Case No. 302-154; entitled Kwan, et al. v. City and County of San Francisco, et al. (City Attorney) (Public Benefit Recipient.) Question: Shall this Ordinance be PASSED ON FIRST READING? 7. 021125 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuits filed by one hundred and one individual plaintiffs, in two separate lawsuits known as Rooker, et al. and Weaver, et al. against the City and County of San Francisco, for $862,581.63 in back overtime wages, $137,951.82 in interest payments and $378,043.46 in attorneys’ fees and costs; the Rooker lawsuit was filed on March 9, 1999 in United States District Court, Case No. C99-1095 VRW, entitled Rooker, et al. v. City and County of San Francisco; the Weaver lawsuit was filed on June 27, 2000 in the United States District Court, Case No. C00-2271 VRW, entitled Weaver, et al. v. City and County of San Francisco. (City Attorney) (Public Benefit Recipient.) Question: Shall this Ordinance be PASSED ON FIRST READING? 8. 021262 [Appointment of Michael G. Kasolas to MTA] Mayor Resolution confirming the appointment of Michael G. Kasolas to the Board of Directors of the Metropolitan Transportation Agency, term ending March 1, 2003. (Mayor) Question: Shall this Resolution be ADOPTED? 9. 021099 [Susan Po-Rufino Reappointment to Treasure Island Development Authority] Mayor Resolution confirming the reappointment of Ms. Susan Po-Rufino to the Treasure Island Development Authority, term ending April 28, 2006. (Mayor) Question: Shall this Resolution be ADOPTED? 10. 021158 [Reappointment to Telecommunications Commission] Mayor Resolution approving the Mayor’s reappointment of Major General James M. Myatt to the Telecommunications Commission, for the term ending July 1, 2005. (Mayor) Question: Shall this Resolution be ADOPTED? 11. 021350 [Appointment - Telecommunications Commission] Mayor Resolution approving the Mayor’s appointment of Sunil V. Daluvoy to the Telecommunications Commission, for the term ending July 1, 2003. (Mayor) Question: Shall this Resolution be ADOPTED? 12. 020833 [Appointment] Resolution appointing Vera Haile, Tamara Ribas, Houston Zheng, terms ending June 6, 2004; and Hugh Wang, term ending June 6, 2003 to the Immigrant Rights Commission. Vera Haile, succeeding herself, term expired, seat 1, 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 two year term ending June 6, 2004; Tamara Ribas, succeeding Richard Ow, term expired, seat 3, 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 two year term ending June 6, 2004; Hugh Wang, succeeding Vram Kouramajian, resigned, seat 7, 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 the unexpired portion of a two year term ending June 6, 2003; Houston Zheng, succeeding himself, term expired, seat 9, 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 two year term ending June 6, 2004; Question: Shall this Resolution be ADOPTED? 13. 021039 [Settlement of Claim] Resolution approving the settlement of the unlitigated claim filed by Alyce M. Satten against San Francisco for $40,000; claim was filed on June 4, 2001. (City Attorney) (Public Benefit Recipient.) Question: Shall this Resolution be ADOPTED? 14. 021124 [Settlement of Claim] Resolution approving the settlement of the unlitigated claim filed by Arnulfo O. Felin against San Francisco for $27,619.65; claim was filed on April 16, 2001; additional material terms of said settlement are none. (City Attorney) (Public Benefit Recipient.) Question: Shall this Resolution be ADOPTED? Recommendation of the Transportation and Commerce Committee Present: Supervisors McGoldrick, Hall, Ammiano 15. 021069 [Designating the Drexler/Colombo Building at 1-21 Columbus Avenue and 612-624 Washington Street as a Landmark] Supervisors Peskin, Daly, Leno, Newsom, Hall Ordinance designating 1-21 Columbus Avenue and 612-624 Washington Street, the Drexler/Colombo Building, Lot 4 in Block 195, as Landmark No. 237 and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. 8/5/2002, PASSED, ON FIRST READING. Supervisors Daly, Leno, and Hall requested to be added as co-sponsors. Question: Shall this Ordinance be FINALLY PASSED? Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated:______________________________________________ REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Finance Committee Present: Supervisors Peskin, Daly, Maxwell 16. 011178 [Motor Vehicle for Hire Permit Filing Fees and License Fees] Ordinance amending Sections 2.26.1 and 2.27.1 of the Police Code to amend schedules for motor vehicle for hire permit filing fees and license fees. (Taxi Commission) 8/5/2002, PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? From Finance Committee Without Recommendation Present; Supervisors Peskin, Daly, Maxwell 17. 021141 [Agreement for Stadium Advertising] Supervisor Maxwell Ordinance approving and authorizing an agreement with the San Francisco Forty Niners, Ltd., for the sale of stadium advertising and for the performance of certain capital repairs at the stadium located at Candlestick Point. 8/5/2002, DIVIDED. The authorization of an agreement with the San Francisco Forty Niners, Ltd., for naming rights was divided and considered separately. See File No. 021397. 8/5/2002, PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? NEW BUSINESS Recommendations of the Finance Committee Present: Supervisors Peskin, Daly, Maxwell 18. 021067 [Amending Public Works Code, Street Space Occupancy Permits; Modify the Fee Collection] Supervisors Peskin, Newsom, Daly Ordinance amending Public Works Code Sections 724 through 724.9 concerning street space occupancy permits to modify the fee collection structure, provide for fee refunds, assess right-of-way occupancy costs, establish minimum notice requirements, and impose other related procedures; amending Traffic Code Section 33.1A to replace existing provisions concerning special parking restrictions with a requirement that the Department of Parking and Traffic and Department of Public Works coordinate jurisdictional activities over street space occupancy permits. Question: Shall this Ordinance be PASSED ON FIRST READING? 19. 021184 [Airport Concession Lease] Resolution approving the North Terminal Candy Store Lease between See’s Candies, Inc. and the City and County of San Francisco, Acting by and through its Airport Commission. (Airport Commission) Question: Shall this Resolution be ADOPTED? 20. 021230 [Airport Concession Support Program Lease] Resolution approving the Airport Concession Support Program between Action Cellular-Cellular Phone Rental Service Lease; Andale SFO - New International Terminal Food and Beverage Lease; Bank of America - Domestic Banking Services Lease; Bayport Concessions LLC dba Willow Street Woodfired Pizza - New International Terminal Food and Beverage Lease; Books, Inc. - North Terminal Bookstore Lease; Buth-Na-Bodhaige, Inc. dba The Body Shop - Boarding Area "F" Cosmetic and Toiletries Lease; CalStar Retail, Inc. - Boarding Area "F" Newsstand Lease and North Terminal Candy Cart/Kiosk Lease; Clear Channel Airports - Airport Advertising Program Lease and SFO Cyber Room Technology Showcase Lease; D. Mitchell Concessions dba Harry Denton’s - New International Terminal Food and Beverage Lease; D-Lew Enterprises dba Il Fornaio - New International Terminal Food and Beverage Lease; Deli-Up Enterprises, LLC - New International Terminal Food and Beverage Lease; Discovery Channel Stores - New International Terminal Nature Theme Store Lease; Ebisu, Inc. - New International Terminal Food and Beverage Lease; Emporio Rulli - New International Terminal Food and Beverage Lease; Fung Lum Express, LLC - New International Terminal Food and Beverage Lease; Gotham Foods Two, LLC dba Firewood Café - New International Terminal Food and Beverage Lease; Harbor Airport, LLC dba Harbor Village - New International Terminal Food and Beverage Lease; Host International, Inc. - North Terminal Concession Opportunity Lease, Boarding Areas "B" and "C" Bookstores Lease, New International Terminal Aviation Store Lease, and North Terminal Hub Principal Retail Concession Lease; Lori’s Diner International - New International Terminal Food and Beverage Lease; Nidal Nazzal dba Burger Joint - New International Terminal Food and Beverage Lease; North Terminal Shines - Shoeshine Service Lease; OSI-MB-Boarding Area "F" Executive Writing Instruments Lease; Pacific Gateway Concessions, LLC - Boarding Areas "B" and "C" Principal Retail Concession Lease; Pacific Golf Partners, LLC - New International Terminal Golf Shop Lease; Polk-Townsend and Associates dba Café Metro - New International Terminal Food and Beverage Lease; Rosedale-Wilsons dba Wilsons Leather - North Terminal Concourse Fine Leather Goods Lease; San Francisco Museum of Modern Art - New International Terminal Museum Store Lease; See’s Candies, Inc. - North Terminal Candy Store Lease (upon execution of the Lease); SFO Hairport - New International Terminal Hair Salon Lease; Smarte Carte - Public Lockers and Over-the-Counter Baggage Lease; Tomokazu Japanese Cuisine (SFO), Inc. - New International Terminal Food and Beverage Lease; Travelex America, Inc. - ATM Lease A in the New International Terminal, ATM Lease B in the New International Terminal, and Foreign Currency Lease; U-Threads - Boarding Area "F" Collegiate Apparel Lease; WH Smith Hotel Services - New International Terminal Bookstore/Café Lease; and Yoko, Inc. dba Osho Japanese Cuisine - New International Terminal Food and Beverage Lease; and the City and County of San Francisco, Acting by and through its Airport Commission. (Airport Commission) (Fiscal impact.) Question: Shall this Resolution be ADOPTED? Recommendations of Rules and Audits Committee Present: Supervisors Hall, Gonzalez 21. 020968 [Bicycle Advisory Committee] Supervisor Gonzalez Ordinance (1) amending Sections 5.130 and 5.131 of the San Francisco Administrative Code to (i) provide that each member of the Board of Supervisors shall nominate one person for appointment to the Bicycle Advisory Committee by the Board of Supervisors, (ii) require that the Bicycle Advisory Committee inform the Board of Supervisors of the committee’s diversity with respect to age, ethnicity, gender, disability and sexual orientation; (iii) change the term of members of the Bicycle Advisory Committee from three years to two years, or the remaining tenure of the nominating supervisor, whichever is shorter in duration, and (iv) provide for the removal of members of the Bicycle Advisory Committee; and (2) removing all current members of the Bicycle Advisory Committee and requiring new appointments thereto in accordance with Section 5.130 of the San Francisco Administrative Code, as amended by this ordinance. Question: Shall this Ordinance be PASSED ON FIRST READING? 22. 020747 [Employee Claim Reimbursement] Resolution authorizing reimbursement in the amount of $1,321.86 to Jane Ma for the cost of personal property of a City and County employee damaged or stolen in the line of duty. (Public Health Department) Question: Shall this Resolution be ADOPTED? SPECIAL ORDER 3:00 P.M. 23. 021240 [Public Hearing - Appeal, Conditional Use, 1598 Dolores Street (Reilly’s Funeral Home)] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 16445 dated June 20, 2002, approving Conditional Use Application No. 2000.1058C to develop two (2) residential buildings with a total of 13 dwelling units (two of which are affordable) and up to 26 off-street parking spaces, to develop a lot 5,000 square feet or more in size, within an NC-1 (Neighborhood Commercial Cluster) District, and a 40-X Height and Bulk District on property located at 1598 Dolores Street (Reilly’s Funeral Home), northwest corner of Dolores and 29th Streets; Lots 7, 9, and 38, in Assessor’s Block 6618. (Appeal filed July 17, 2002; categorically exempt from the environmental review process in accordance with the State Guidelines for the implementation of CEQA and Chapter 3.1 of the San Francisco Administrative Code; Case No. 2000.1058C; companion measure to 021240, 021241, 021242, 021243, 021280; District 8.) 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. (Only one of the following two motions should be adopted.) 24. 021241 [Appeal, Conditional Use, 1598 Dolores Street] Motion approving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1. Question: Shall this Motion be ADOPTED? 25. 021242 [Appeal, Conditional Use, 1598 Dolores Street] Motion disapproving decision of the Planning Commission by its Motion No. 16445, approving Conditional Use Application No. 2000.1058C, on property located at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1. Question: Shall this Motion be ADOPTED? 26. 021280 [Environmental Reveiw - 1598 Dolores Street] Motion certifying review of Final Negative Declaration relating to proposed Conditional Use of Property at 1598 Dolores Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 27. 021243 [Findings - 1598 Dolores Street Appeal] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2000.1058C, on property located 1598 Dolores Street, for action by the Board at its next meeting. Question: Shall this Motion be ADOPTED? SPECIAL ORDER 3:00 P.M. 28. 021248 [Public Hearing - Appeal, Final Environmental Impact Report for the Laguna Honda Hospital Replacement Project] Hearing of persons interested in or objecting to the Planning Commission certification of the Final Environmental Impact Report, Planning File No. 2000.005E, for the Laguna Honda Hospital Replacement Project at Assessor’s Block 2842, Lot 7, generally bounded by Laguna Honda Boulevard, Clarendon Avenue, and Woodside Avenue. (Appeal filed July 16, 2002; companion measure to 021249, 021250, 021251.) 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. (Only one of the following two motions should be adopted.) 29. 021249 [Affirm certification of Laguna Honda Hospital Replacement FEIR] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the Laguna Honda Hospital Replacement Project at Assessor’s Block 2842, Lot 7, generally bounded by Laguna Honda Boulevard, Clarendon Avenue, and Woodside Avenue. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 30. 021250 [Disapprove certification of Laguna Honda Hospital Replacement FEIR] Motion disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the Laguna Honda Replacement Project at Assessor’s Block 2842, Lot 7, generally bounded by Laguna Honda Boulevard, Clarendon Avenue, and Woodside Avenue. (Clerk of the Board) Question: Shall this Motion be ADOPTED? 31. 021251 [Preparation of findings to disapprove certification of Laguna Honda Hospital Replacement FEIR] Motion directing the Clerk of the Board to prepare findings disapproving the certification by the Planning Commission of the Final Environmental Impact Report for the Laguna Honda Replacement Project at Assessor’s Block 2842, Lot 7, generally bounded by Laguna Honda Boulevard, Clarendon Avenue, and Woodside Avenue. (Clerk of the Board) Question: Shall this Motion be ADOPTED? SPECIAL ORDER 3:00 P.M 32. 021281 [Public Hearing] Hearing of persons interested in or objecting to proposed ordinance adopting and imposing schedules of sewer service charges to be paid by users for fiscal year 2002-2003 pursuant to Part II, Chapter X, Articles 4.1 and 4.2 of the San Francisco Municipal Code (Public Works Code). (Clerk of the Board) Action:___________________________ 33. 021259 [Sewer Service Charges, Fiscal Year 2002-2003] Mayor Ordinance adopting and imposing schedules of sewer service charges to be paid by users for fiscal year 2002-2003 pursuant to Part II, Chapter X, Articles 4.1 and 4.2 of the San Francisco Municipal Code (Public Works Code). (Mayor) Question: Shall this Ordinance be PASSED ON FIRST READING? 34. 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. 35. PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors’ task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board. 36. 021381 [Legislative Analyst Request] Supervisor Leno Motion asking the Legislative Analyst to research on the City of New York’s plans for building code changes for high rise structures. The purpose of this research is to compare proposed changes in New York City with existing San Francisco codes to identify possible improvements to our city’s building codes governing high rise structures as well as emergency response equipment and procedures. Question: Shall this Motion be ADOPTED? 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 37through 51 37. 021361 [Urge GGNRA make available information on ANPR process] Supervisor Yee Resolution urging the National Park Service, GGNRA, to make available to those requesting information on the ANPR process, documents showing the design, methodology, and protocols for analyzing Public Comment, the telephone survey, and any other Technical Information that will be supplied to the Federal panel for the ANPR process regarding Pet Management in the GGNRA. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 38. 021362 [Accept and expend funds for "Nature by Design" Trade Show] Supervisor Yee Resolution accepting the raising of funds and receipt of door prizes for expenditure for and at the "Nature by Design" Trade Show, through the Mayor’s Office of Economic Development. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 39. 021363 [Commend Nagi Daifullah] Supervisor Yee Resolution commending the courage and legacy of farm worker Nagi Daifullah. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 40. 021364 [Issuance and Sale of Revenue Bonds - Carter Terrace Multifamily Residential Rental Housing Development] Supervisor Maxwell Resolution approving, for purposes of the Internal Revenue Code, the issuance and sale of revenue bonds by the City and County of San Francisco in an aggregate principal amount not to exceed $17,000,000 for the Carter Terrace multifamily residential rental housing development. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 41. 021365 [Urge Governor Davis to make SB 2065, State Law] Supervisors Maxwell, Leno Resolution urging the State Legislature and Governor Davis to make SB 2065, California’s low level radioactive waste reporting requirement, into state law. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 42. 021366 [Supporting amendment of Anti-SLAPP law] Supervisor Gonzalez Resolution urging the California Legislature to pass and the Governor to sign SB 1651, the amendment to change Section 426.16 of the Anti-SLAPP law to prevent rogue corporations from using this law to obstruct lawsuits filed by concerned citizens. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 43. 021367 [Commend Federal ruling release of names detained] Supervisor Daly Resolution commending the Federal ruling mandating the release of the names of individuals who have been detained as part of the investigation of the September 11 terrorist attacks. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 44. 021368 [Issuance and Sale of Revenue Bonds - Folsom/Dore Multifamily Residential Rental Housing Development] Supervisor Daly Resolution approving, for the purposes of the Internal Revenue Code, the issuance and sale of revenue bonds by the City and County of San Francisco in an aggregate principal amount not to exceed $19,000,000 for the Folsom/Dore multifamily residential rental housing development. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 45. 021371 [Commemorate ADA of 1990] Supervisors Leno, Maxwell Resolution commemorating the 12th anniversary of the Americans with Disabilities Act of 1990. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 46. 021372 [Accept and expend funds to implement the West Approach Retrofit Project] Supervisor Daly Resolution authorizing the Executive Director of the Department of Parking and Traffic and the Director of the Department of Public Works to accept and expend federal and state grant funds up to $2,560,000 as reimbursement for providing design and construction engineering support to the California Department of Transportation (Caltrans) for its seismic retrofit projects in the City and County of San Francisco, including the I-80 Western approach Retrofit Project. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 47. 021373 [Urge Governor Davis to enact AB 60] Supervisor Sandoval Resolution urging Governor Davis to work with the California State Assembly to enact Assembly Bill 60 as soon as possible. 8/5/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 48. 021325 [Final Map for a 30 Unit Live/Work Condominium Project] Motion approving Final Map of 1310 Minnesota Street, a Live/Work Condominium Project, being a subdivision of Lot 79, Assessor’s Block No. 4228, and adopting finding pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,664 ; District 10.) 8/7/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be ADOPTED? 49. 021399 [Final Map for a 48 Unit Live/Work Condominium Project] Motion approving Final Map of 1325 Indiana Street, a Live/Work Condominium Project, being a subdivision of Lot 78, Assessor’s Block No. 4228, and adopting finding pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,665 ; District 10.) 8/7/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be ADOPTED? 50. 021400 [Final Map for a 134 Unit Residential Condominium Project] Motion approving Final Map of Fulton Masonic (1750 Fulton Street), a Residential Condominium Project, being a subdivision of Lot 10 in Assessor’s Block No. 1175, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,652 ; District 5.) 8/7/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be ADOPTED? 51. 021401 [Final Map for a 7 Unit Mixed Use Condominium Project] Motion approving Final Map of 181 South Park, a Mixed Use Condominium Project, being a subdivision of Lot 26 in Assessor’s Block No. 3775, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,666; District 6.) 8/7/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be ADOPTED? Questions on the For Adoption Without Committee Reference Agenda:_________________________________________ 52. 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 1 through noon on August 7, for reference by President to appropriate committee on August 12, 2002.. 021323 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Lee Reese against the City and County of San Francisco for $72,500.00; the lawsuit was filed on February 23, 2000 in Superior Court, Case No. 310-163; entitled Lee Reese v. California Bethel AME-Church, Inc., City and County of San Francisco, et al. (City Attorney) (Public Benefit Recipient.) 8/7/2002, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021404 [Setting San Francisco’s fiscal year 2002-2003 property tax rate and establishing pass-through rate for residential tenants] Ordinance providing revenue and levying property taxes for City and County purposes and establishing passthrough rate for residential tenants pursuant to chapter 37 of the administrative code for the fiscal year ending June 30, 2003. (Controller) 8/7/2002, RECEIVED AND ASSIGNED to Finance Committee. Department requests this item be scheduled for consideration at the August 21, 2002 meeting. 021405 [Setting San Francisco Community College District’s fiscal year 2002-2003 property tax rate to be included in the City’s overall property tax rate] Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2003. (Controller) 8/7/2002, RECEIVED AND ASSIGNED to Finance Committee. Department requests this item be scheduled for consideration at the August 21, 2002 meeting. 021406 [Setting San Francisco’s Unified School District’s fiscal year 2002-2003 property tax rate to be included in the City’s overall property tax rate] Ordinance providing revenue and levying property taxes for San Francisco Unified School District’s purposes for the fiscal year ending June 30, 2003. (Controller) 8/7/2002, RECEIVED AND ASSIGNED to Finance Committee. Department requests this item be scheduled for consideration at the August 21, 2002 meeting. 021407 [Rescind funding for the Art Commission for municipal symphony concerts using property tax revenue] Ordinance rescinding $31,964 in appropriation authority for the municipal symphony concerts using property tax revenue, pursuant to Charter Section 16.106(1) for the Art Commission for fiscal year 2002-03. (Airport Commission) 8/7/2002, RECEIVED AND ASSIGNED to Finance Committee. Department requests this item be scheduled for consideration at the August 21, 2002 meeting. PROPOSED RESOLUTIONS Proposed resolutions received from August 1 through noon on August 7, for reference by President to appropriate committee on August 12, 2002. 021322 [Five year strategic plan to reduce intimate partner violence in the community] Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a new grant in the amount of $40,000 from the California Department of Health Services (CDHS) to develop a 5 year strategic plan to reduce intimate partner violence in the community and to enter into an agreement for the use of these funds; for the period of July 1, 2002 through September 30, 2003. (Public Health Department) 8/1/2002, RECEIVED AND ASSIGNED to Health and Human Services Committee. 021324 [Airport Concession Lease] Resolution approving the Domestic Terminals Automated Teller Machine Lease A between Wells Fargo Bank, N.A. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Public Benefit Recipient.) 8/7/2002, RECEIVED AND ASSIGNED to Finance Committee. 021403 [Airport Information Booth Contract, Fiscal Year 2002-2003] Resolution approving the Controller’s Certification that Airport Information Booth Services at San Francisco International Airport can practically be performed by private contractor at a lower cost than if work were performed by City employees at currently budgeted levels. (Airport Commission) (Public Benefit Recipient.) 8/7/2002, RECEIVED AND ASSIGNED to Finance Committee. 021408 [Establishment and Administration of Mission/Otis Vehicle Pool] Resolution authorizing the Director of the Department of Administrative Services to establish the Mission/Otis Vehicle Pool, located in the Mission Street and Otis Street area of San Francisco, which shall serve the following five San Francisco departments: 1) the Department of Aging and Adult Services, 2) the Department of Building Inspection, 3) the Department of Human Resources, 4) the Department of Public Works’ Bureau of Construction Management and Bureau of Engineering, and 5) the Planning Department; and authorizing the Mission/Otis Vehicle Pool to be administered by the Department of Human Services. (Administrative Services Department) 8/7/2002, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 021410 [Accept and Expend Federal Grant] Resolution authorizing the Airport Commission to accept and expend a funding increase from $1,202,500 to $1,695,500 from the Federal Aviation Administration ("FAA") for the SFPD-AIRPORT Bureau K-9 Explosive Detection Team. (Airport Commission) (Public Benefit Recipient.) 8/7/2002, RECEIVED AND ASSIGNED to Finance Committee. 021411 [Petitions and Communications] Petitions and Communications received from August 1 through noon on August 7, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on August 12, 2002. From Union Square Business Improvement District, submitting the Union Square BID Annual Report for 2002.(1) From Public Utilities Commission, submitting report of the Commission setting forth the minimum amount of savings to be generated in terms of scheduled principal and interest payments by the issuance of the refunding bonds. Copy: Each Supervisor(2) From SF Convention Facilities, submitting copy of sole source contracts for fiscal year 2001/02.(3) From Department of Public Health, regarding information of grant augmentation for the Refugee Health Assessment Program/RMA-Basic.(4) From concerned citizens, commenting on the street filth, teenage prostitutes and homeless that are camped out from Union Square to the Orpheum Theater at 8th and Market Streets. Copy: Each Supervisor, 2 letters(5) From Department of Public Works, submitting notice that appellants’ signatures with respect to 1598 Dolores Street represent owners of more than 20% of the area involved and are therefore sufficient for appeal.(6) From Sidney Kass, urging the SPCA to stop neutering feral cats and releasing them into the parks.(7) From Office of the Mayor, submitting list of all contracts with a General Fund subsidy greater than $2 million in fiscal year 2002/03, including which contracts were awarded through a bid or RFP process. (Reference No. 20020610-002), Budget Analyst (Reference No. 20020610-004), Controller (Reference No. 20020610-003)(8) From State Department of Child Support Services, submitting notice (effective immediately) that the Pennsylvania State Collection and Disbursement Unit (PA SCDU) will stale date checks that have not been cashed within the 90-day time period void, and reissue to the payee.(9) From Public Library, submitting copy of sole source contracts for fiscal year 2001/02.(10) From Fire Department, regarding the Fire Department’s migration to the new Computer Aided Dispatch System in April 2001. (Reference No. 20020624-004)(11) From Department of Parking and Traffic, responding to request of whether safety improvements can be made at the intersection of Lake Merced and Skyline Boulevards.(Reference No. 20020708-004) Copy: Supervisor Hall(12) From Reuben and Alter, LLP, submitting opposition to appeal of Conditional Use approval by the Planning Commission for property located at 1598 Dolores Street.File 021240(13) From Greater Geary Boulevard Merchants and Property Owners Assoc., submitting opposition to increasing business taxes. File 021294(14) From Lance La’shagway, regarding the Castro Street Metro Station elevator being out of service for over eight weeks, and the public safety issue and legal liability for the City and County of San Francisco.(15) From BART, submitting support for the consolidation of the BART Election. File 021336, Copy: Each Supervisor(16) From Department or Parking and Traffic, regarding the feasibility of making the "T" intersection of La Salle Avenue and Cashmere Street an All-Way STOP. (Reference No. 20020624-001) Copy: Supervisor Maxwell(17) From Department or Parking and Traffic, regarding the feasibility of additional signage on the Lake Merced parking lot located at the southern end of Sunset Boulevard. (Reference No. 20020708-005) Copy: Supervisor Hall(18) From Commission of Animal Control and Welfare, submitting list of guidelines that may be used as a foundation from which to create a sound dog policy for the City and County of San Francisco. Copy: Neighborhood Services and Recreation Committee(19) From concerned citizens, submitting support for proposed residential housing project at 601 King Street. File 021297, 2 letters(20) From Jaidin Consulting Group, LLC, submitting support for Conditional Use of property located at 2863 California Street, to construct a new mixed-use, residential-commercial project. File 021244, Copy: Each Supervisor(21) From Department of Aging and Adult Services, submitting year end report for 2001/02.(22) From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under management.(23) From Ronald Rose, requesting an answer to why the new light rail line work on 3rd Street is excluding Candlestick Point and the ball park. Copy: Each Supervisor(24) From concerned citizens, regarding San Francisco’s Dog Policy.2 letters (25) From Frank Harding, requesting the Board investigate Schoenmann’s Law Firm failure to represent the Northpoint common shareholders that lost their jobs and now their chance to be compensated for their stock options that were allegedly stolen by Verizon.(26) From Myrna Escobar, submitting copy of letter from U.S. Department of Housing and Urban Development concerning problems she has encountered with the San Francisco Housing Authority.(27) From SF Chamber of Commerce, submitting support for the following Propositions on the November 5, 2002 ballot: Revenue Bond to finance the re-build of the Public Utilities Commission’s water system and Retirement Benefits for Police, Fire and Paramedic Personnel, and hereby authorize the use of the Chamber of Commerce’s name in the official proponent by the Board of Supervisors and proponent’s rebuttal argument.(28) From Alameda County Flood Control and Water Conservation District, submitting an open letter to Alameda Creek Water Agencies, the Alameda Creek Fisheries Restoration Workgroup, and responding to the Water Agencies comments on Draft Steelhead Restoration Action Plan.(29) From Fitzgerald, Abbot & Beardsley, LLP, regarding request for a continuance of Conditional Use appeal for 1598 Dolores Street (Riley’s Mortuary). File 021240(30) From State Board of Corrections, regarding the Board of Corrections inspection of Log Cabin Boys Ranch. Copy: Each Supervisor(31) From Julian Gross, submitting support for the Conditional Use appeal for 1598 Dolores Street (Riley’s Mortuary).(32) From State Department of Child Support Services, submitting notice of new regulations implementing the revised Barnes Notice/Monthly Statement of Collections and Distribution and attachments.(33) From State Department of Child Support Services, regarding enforcement of supplemental security income benefits.(34) From H. Wong, submitting opposition to Conditional Use of property located at 2863 California Street.(35) From Frank Mattson, commenting on the deterioration of the conditions around the Haight Street entrance to Golden Gate Park (i.e. aggressiveness of panhandlers, drug peddlers, dogs running loose, etc.). Copy: Each Supervisor(36) From Robin Murray, commenting on the increases in monthly fees by garbage collectors, aka Sunset Scavenger. Copy: Each Supervisor(37) For Mike Lynch, submitting support for the installation of additional motorcycle parking spaces in San Francisco. Copy: Each Supervisor(38) From Athanasios Rebelos, regarding security in Taxi Cabs.(39) From Jerome Sapiro, regarding Laguna Honda Hospital Replacement Project. File 021250(40) From Daniella Sabalvaro, urging the Board to do all it can to save Musse Mecanique at the Cliff House. File 020453(41) From Gerald Cauthen, requesting an explanation of his termination (by the Executive Director of the Transportation Authority) as member of the consulting team for the Third Street Project. Copy: Each Supervisor(42) From SF African American Historical and Cultural Society, regarding the showing of the "Unlikely Liberators" at Fort Mason on August 7th at 5:30 p.m. Copy: Each Supervisor(43) From concerned citizens, requesting the Board of Supervisors hold new hearings on animal testing at UCSF and do everything in the Board’s power to compel UCSF to end Stephen Lisberger’s cruel and outdated experiments. Approximately 50 letters and postcards(44) ADJOURNMENT Meeting Procedures The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber. Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Agenda are available on the internet at www.ci.sf.ca.us/bdsupvrs.bos.htm. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Board meetings are televised on channel 26. For video tape copies and scheduling call (415) 557-4293. Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555. Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909. Disability access The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible. The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting: For American Sign Language interpreters, use of a reader during a meeting, or sound enhancement system, contact Ohn Myint at (415) 554-7704. For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706. The Clerk of the Board’s Office TTY number for speech-hearing impaired is (415) 554-5227. In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Know Your Rights Under the Sunshine Ordinance Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna.Hall@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/bdsupvrs/sunshine.htm