Board of Supervisors Minutes: September 17, 2002

Full Board Minutes City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Tuesday, September 17, 2002 2:00 PM Legislative Chamber - Second Floor Rescheduled Meeting Board of Supervisors TOM AMMIANO, PRESIDENT CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO, SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE Members Present: Tom Ammiano, Chris Daly, Matt Gonzalez, Tony Hall, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Leland Y. Yee. Members Excused: None. Members Absent: Mark Leno, Aaron Peskin, Gerardo Sandoval. ROLL CALL AND PLEDGE OF ALLEGIANCE The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Tom Ammiano presiding. The meeting was called to order at 2:00p.m.On call of the roll, the following Supervisors were noted absent: Supervisors Leno, Peskin and Sandoval - 3 Supervisors Leno and Peskin excused. (See infra) SupervisorSandoval was noted present at 2:04 p.m. Quorum present. Supervisors Leno and Peskin Excused from Attendance Supervisor Daly, seconded by Supervisor Maxwell, moved to excuse Supervisors Leno and Peskin from attending today’s meeting. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Yee Absent: 3 - Leno, Peskin, Sandoval Privilege of the Floor Supervisor Yee, seconded by Supervisor Newsom, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. Themotion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin Supervisor Ammiano introduced, welcomed and presented a Certificate of Honor to representatives of the "People with Disabilities Foundation". APPROVAL OF MEETING MINUTES Supervisor Daly, seconded by Supervisor Maxwell, moved to approve the minutes of the Board of Supervisors of July 8, July 15, July 22, July 29 and August 5, 2002. The motion carried by thefollowing vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Yee Absent: 3 - Leno, Peskin, Sandoval AGENDA CHANGES Clerk of the Board informed the Board that File Nos. 021241, 021242, 021243, 021245, 021246 and 021247 may be continued.(See Infra) CONSENT AGENDA Recommendations of the Rules and Audits Committee 021288 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Percival Agoncillo against the City and County of San Francisco for $62,500; the lawsuit was filed on November 17, 1999 in SanFrancisco Superior Court, Case No. 307-953; entitled Percival Agoncillo v. City and County of San Francisco. (City Attorney) (Public Benefit Recipient.) Enacted Number: 187-02 FINALLY PASSED 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.) Enacted Number: 195-02 FINALLY PASSED 021449 [Settlement of Lawsuit] Ordinance authorizing offer of settlement of the lawsuit filed by Dillingham Construction N.A., Inc. against the City and County of San Francisco for $350,000.00; the lawsuit was filed onMarch 19, 2001 in San Mateo County Superior Court, Case No. 416236; entitled Dillingham Construction N.A., Inc., et al., v. City and County of San Francisco, et al; other material terms ofsaid settlement are that the settlement amount is to be paid through the release of such monies from the retention account for SFIA Airport Contract No. 5500.J North Connector Package inexchange for dismissal with prejudice of the lawsuit and the waiver of costs and attorneys fees. (City Attorney) (No Public Benefit Recipient.) Enacted Number: 200-02 FINALLY PASSED Recommendations of the Transportation and Commerce Committee 021316 [Federal Grant -Municipal Transportation Agency] Supervisor Newsom Resolution authorizing the Municipal Transportation Agency Board to accept and expend $50,000 of Federal Assistance for Emergency Preparedness Drills, excluding Administrative OverheadCosts. (Municipal Transportation Agency) (No Public Benefit Recipient.) Supervisor Newsom requested to be added as a co-sponsor. Enacted Number: 639-02 ADOPTED 021317 [Accept - Expend Local Funds] Resolution authorizing the Municipal Transportation Agency to accept and expend $514,664 of Carl Moyer Program funds for Municipal Railway Transit Project. (Municipal TransportationAgency) (Public Benefit Recipient.) Enacted Number: 640-02 ADOPTED 021360 [State grant funds of $100,000 for a study of the coastal erosion occurring at Ocean Beach and potential methods of control] Supervisors McGoldrick, Newsom Resolution authorizing the Department of Public Works to accept and expend a grant in the amount of $100,000 from the Coastal Resources Grant Program for the Ocean Beach Erosion ControlProject in the City and County of San Francisco. (No Public Benefit Recipient.) Supervisor Newsom requested to be added as a co-sponsor. Enacted Number: 641-02 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 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 adoptingfindings pursuant to Planning Code Section 101.1. Continued to September 23, 2002 CONTINUED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Yee Absent: 3 - Leno, Peskin, Sandoval 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, andadopting findings pursuant to Planning Code Section 101.1. Continued to September 23, 2002 CONTINUED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Yee Absent: 3 - Leno, Peskin, Sandoval 021243 [Findings - 1598 Dolores Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1058C, on property located 1598 Dolores Street, for action by the Boardat its next meeting. Continued to September 23, 2002 CONTINUED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Yee Absent: 3 - Leno, Peskin, Sandoval From the Clerk 021245 [Appeal, Conditional Use, 2863 California Street] Motion approving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, andadopting findings pursuant to Planning Code Section 101.1. Supervisor Newsom requested this item to be continued to September 23, 2002. Supervisor Newsom, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021246 [Appeal, Conditional Use, 2863 California Street] Motion disapproving decision of the Planning Commission by its Motion No. 16446, approving Conditional Use Application No. 2002.0408C, on property located at 2863 California Street, andadopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Newsom requested this item to be continued to September 23, 2002. Supervisor Newsom, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021247 [Findings - 2863 California Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2002.0408C, on property located 2863 California Street, for action by theBoard at its next meeting. (Clerk of the Board) Supervisor Newsom requested this item to be continued to September 23, 2002. Supervisor Newsom, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin Recommendations of the Finance Committee 021404 [Setting San Francisco’s fiscal year 2002-2003 property tax rate and establishing pass-through rate for residential tenants] Supervisor Gonzalez Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the AdministrativeCode for the fiscal year ending June 30, 2003. (Controller) Supervisor Gonzalez requested to be added as a co-sponsor. Enacted Number: 196-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 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] Supervisor Gonzalez Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2003. (Controller) Supervisor Gonzalez requested to be added as a co-sponsor. Enacted Number: 197-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 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] Supervisor Gonzalez Ordinance providing revenue and levying property taxes for San Francisco Unified School District’s purposes for the fiscal year ending June 30, 2003. (Controller) Supervisor Gonzalez requested to be added as a co-sponsor. Enacted Number: 198-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021407 [Rescind funding for the Art Commission for municipal symphony concerts using property tax revenue] Supervisor Gonzalez 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 forfiscal year 2002-03. (Controller) Supervisor Gonzalez requested to be added as a co-sponsor. Enacted Number: 199-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin Recommendation of the Health and Human Services Committee 012186 [Regulation of Diesel Backup Generators] Supervisors Maxwell, Daly, Gonzalez Ordinance amending the San Francisco Health Code by adding a new Article 30 to: (1) establish a registration program within the Department of Public Health for diesel backup generators usedby facilities in the City and County of San Francisco; (2) require new backup diesel generators to have air emission control technologies; (3) limit the operation of diesel backup generators during non-emergency situations; (4) establish a recordkeeping requirement for the operation of diesel backup generators; and (5) provide for an enforcement mechanism for violations of therequirements of this Ordinance. Enacted Number: 202-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin Recommendations of the Public Works and Public Protection Committee 021095 [Notification of Solicitations] Supervisors Sandoval, Daly Ordinance amending the San Francisco Administrative Code by amending Section 12 D.A. 9. to require that all contract awarding authorities submit current bids, requests for proposals andsolicitations to the Purchaser of Supplies of the City and County of San Francisco and cause to be posted on a Purchaser’s website certain information concerning current bids, requests forproposals and solicitations. Enacted Number: 189-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021201 [Building Code] Supervisor Sandoval Ordinance repealing the San Francisco Building Code and adopting, in its entirety, a new San Francisco Building Code. (Building Inspection Department) (Companion measure to File021202.) Enacted Number: 190-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021203 [Electrical Code] Supervisor Sandoval Ordinance repealing the San Francisco Electrical Code and adopting, in its entirety, a new San Francisco Electrical Code. (Building Inspection Department) (Companion measure to File021204.) Enacted Number: 191-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021205 [Housing Code] Supervisor Sandoval Ordinance repealing the San Francisco Housing Code and adopting, in its entirety, a new San Francisco Housing Code. (Building Inspection Department) (Companion measure to File 021206.) Enacted Number: 192-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021207 [Mechanical Code] Supervisor Sandoval Ordinance repealing the San Francisco Mechanical Code and adopting, in its entirety, a new San Francisco Mechanical Code. (Building Inspection Department) (Companion measure to File021208.) Enacted Number: 193-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021209 [Plumbing Code] Supervisor Sandoval Ordinance repealing the San Francisco Plumbing Code and adopting, in its entirety, a new San Francisco Plumbing Code. (Building Inspection Department) (Companion measure to File021210.) Enacted Number: 194-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin Recommendation of the Rules and Audits Committee 020942 [Settlement of Lawsuit] Supervisor Gonzalez Ordinance authorizing settlement of the lawsuit filed by Cecelia Wade against the City and County of San Francisco for $350,000; the lawsuit was filed on July 11, 2001 in the San FranciscoSuperior Court and later was transferred to the District Court of the Northern District of California, Case No. C01-3165; entitled Cecelia Wade, et al., v. City and County of San Francisco,et al. (City Attorney) (Public Benefit Recipient.) Supervisor Gonzalez requested to be added as a co-sponsor. Enacted Number: 188-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin NEW BUSINESS Recommendation of the Neighborhood Services and Recreation Committee 021312 [Liquor License Transfer, 638 Fourth Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license and Type 42 on-sale beer and wine public premises license from 766 Harrison Streetto 638 Fourth Street to Todd F. Zucker for dba "K&L Wine Merchants" will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance withSection 23958.4 of the California Business and Professions Code; with conditions. Enacted Number: 638-02 ADOPTED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin From Rules and Audits Committee "Without Recommendation" 020618 [Amending the Rules of the Board to schedule regular Board meetings on Tuesdays at 2pm effective the week of February 2, 2003.] Supervisors Gonzalez, Daly Motion amending Rule 6.2 of the Rules of Order of the Board of Supervisors to require the scheduling of regular meetings of the Board of Supervisors on Tuesdays at 2 p.m., instead of Mondays at 2 p.m., effective the week of February 2, 2003. (Clerk of the Board) (Companion measure to File 020597.) Continued to September 23, 2002 Supervisor Gonzalez requested to be added as a co-sponsor. Supervisor Gonzalez, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 020597 [Establishing Board of Supervisors Regular Meeting Days] Supervisors Gonzalez, Newsom, Daly Resolution establishing Tuesdays at 2 p.m. as the regular meeting days and times of the Board of Supervisors, beginning on February 4, 2003; rescinding Resolution No. 186-87, effectiveJanuary 28, 2003, which established Mondays at 2 p.m. as the days and times of regular meetings of the Board of Supervisors. Continued to September 23, 2002 Supervisor Daly requested to be added as a co-sponsor. Supervisor Gonzalez, seconded by Supervisor Newsom, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin Recommendations of the Transportation and Commerce Committee 021183 [CEQA Findings for the Laguna Honda Replacement Project] Supervisors Hall, Newsom Resolution adopting environmental findings pursuant to the California Environmental Quality Act and State Guidelines in connection with adoption of a Zoning Map Amendment for the LagunaHonda Hospital Replacement Project. Supervisor Newsom requested to be added as a co-sponsor. Enacted Number: 637-02 ADOPTED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 021191 [Zoning Map Amendment in connection with Laguna Honda Replacement Project] Supervisors Hall, Newsom Ordinance amending Zoning Map Sheet 6H of the City and County of San Francisco for property located at Assessor’s Block 2842 to change the height district classification from 80D to 90D anda portion of the area designated as OS to 90D; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the General Plan and thepriority policies of Planning Code Section 101.1. (Companion measure to File 021183.) Supervisor Newsom requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Abdalah Megahed; homelessness and peace issues Ms. Miller; homelessness issues Male speaker; quality of Democracy Rubin Goodman; City Street cleaners issues John Kelly; homelessnessrelating to the elderly Daryl Bishop; City construction contract James Chaffee; SF Public Library issues Roger Baisley; SF PTA school traffic issues 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. 021527 [Legislative Analyst Request] Supervisor Daly Motion asking the Legislative Analyst to address San Francisco’s criminal justice system with a specific analysis of race, ethnicity, age, sexual orientation and neighborhood ofparticipants.Contrast San Francisco’s offender profile with that of other major American cities.Describe prevention and community organizing programs that keep people from the criminaljustice system.Analyze rehabilitation programs for cost effectiveness and efficacy. APPROVED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 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. 021511 [Commend Chinatown Child Development Center] Supervisors Yee, Daly, Gonzalez Resolution commending the excellent work of the Chinatown Child Development Center and congratulating CCDC on the occasion of its 30th Anniversary. Supervisors Daly and Gonzalez requested to be added as co-sponsors. Enacted Number: 642-02 ADOPTED 021512 [Congratulating Superintendent Ackerman and Board of Education for improved academic performance] Supervisors Ammiano, Newsom, McGoldrick, Daly Resolution congratulating Superintendent Ackerman and the Board of Education for their steadfast commitment to improving the quality of San Francisco’s public schools; and supporting theirproven efforts to raise academic performance and improve San Francisco’s public schools. Supervisors McGoldrick and Daly requested to be added as co-sponsors. Enacted Number: 643-02 ADOPTED 021513 [Support UC Davis Researcher, Bin Han] Supervisor Sandoval Resolution supporting UC Davis researcher Bin Han in his pursuance of justice in the face of wrongful accusations of embezzlement and espionage. Enacted Number: 644-02 ADOPTED 021515 [Marina District Pedestrian Safety] Supervisor Newsom Resolution urging the Municipal Transportation Agency Board of Directors to take all necessary steps in mitigating unsafe traffic conditions in the Marina District, specifically at thecorner of Lombard and Fillmore Streets, including consideration of the installation of a countdown light, and the installation of a lit crosswalk at this intersection and working with theOffice of the City Attorney and the San Francisco Police Department in concert for a unified and collaborative effort to make safer streets and ensure maximum pedestrian safety. Enacted Number: 646-02 ADOPTED 021516 [Designate Southeast Corner of Filbert and Grant "Poet’s Corner"] Supervisors Peskin, Gonzalez, Daly, Newsom Resolution designating the southeast corner of Filbert and Grant in North Beach as the official Poet’s Corner of the City of San Francisco beginning on Sunday, September 22, 2002, and tohonor the contribution of poets past and present by approving the installation of a commemorative plaque at this location. Supervisors Daly, Gonzalez and Newsom requested to be added as co-sponsors. Enacted Number: 647-02 ADOPTED 021517 [Commend Anti-Hate Campaign] Supervisors Daly, Newsom Resolution supporting the citywide "Anti-Hate Campaign." Supervisor Newsom requested to be added as a co-sponsor. Enacted Number: 648-02 ADOPTED 021518 [Commend Family Connections, San Bruno Merchants, St. Elizabeth Chapter of SF] Supervisor Maxwell Resolution to commend Family Connections, San Bruno Merchants Association, the St. Elizabeth Chapter of the San Francisco Organizing and the greater Portola community for their efforts torevitalize their neighborhood and proclaim Sunday, September 29, 2002 as San Bruno Avenue Community Festival Day in San Francisco. Enacted Number: 649-02 ADOPTED 021519 [Support SEIU’s "Principles for a More Secure San Francisco"] Supervisor Daly Resolution supporting SEIU’s five-point plan. Enacted Number: 650-02 ADOPTED 021520 [Commend "Daughters of Charity" 150 years] Supervisors Yee, Newsom Resolution commending the Daughters of Charity for One Hundred Fifty Years of Service. Supervisor Newsom requested to be added as a co-sponsor. Enacted Number: 651-02 ADOPTED 021540 [Final Map for a 6 Unit Residential Condominium Project] Motion approving Final Map of 2999 Pacific Avenue, A Residential Condominium Project, being a resubdivision of Lots 80, 81, 82, 83, 84, and 85 in Assessor’s Block No. 976, and adoptingfindings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,683; District 2.) Enacted Number: M02-158 APPROVED 021500 [Final Map for an 8 Unit Live/Work Condominium Project] Supervisor Daly Motion approving Final Map of 428 8th Street, a Live/Work Condominium Project, being a subdivision of Lot 70, Assessor’s Block No. 3757, and adopting findings pursuant to City Planning CodeSection 101.1. (DPW Order No. 173,688; District 6.) Enacted Number: M02-155 APPROVED 021528 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick, Maxwell Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Enacted Number: M02-156 APPROVED 021539 [Final Map for a 6 Unit Live/Work Condominium Project] Motion approving Final Map of 475 Hampshire Street, a Live/Work Condominium Project, being a subdivision of Lot 3, Assessor’s Block No. 3973, and adopting findings pursuant to City PlanningCode Section 101.1. (Public Works Department) (DPW Order No. 173,689; District 9.) Enacted Number: M02-157 APPROVED 020702 [Final Map for a 9 Unit Live/Work Condominium Project] Motion approving Final Map of 637 Natoma Street, a Live/Work Condominium Project, being a subdivision of Lot 200, Assessor’s Block No. 3727, and adopting findings pursuant to City PlanningCode Section 101.1. (Public Works Department) (DPW Order No. 173,704; District 6; No Public Benefit Recipient.) Enacted Number: M02-153 APPROVED 020756 [Final Map for a 15 Unit Commercial/Residential Condominium Project] Motion approving Final Map of 741 & 745 Clement Street, a Commercial/Residential Condominium Project, being a merger and subdivision of Lots 31 and 31A Assessor’s Block No. 1440, andadopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,706; District 1; No Public Benefit Recipient.) Enacted Number: M02-154 APPROVED The foregoing items were acted upon by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin Severed from Adoption Without Reference to Committee Supervisor Sandovalrequested this matter be severed so it could be considered separately. Supervisor Sandoval requested that the following Supervisors be added asco-sponsors: Ammiano, Daly, Gonzalez, Maxwell and Yee. 021514 [Oppose Social Security Administration’s No-Match Policy] Supervisors Sandoval, Gonzalez, Daly Resolution opposing the Social Security Administration’s "No-Match" letter policy and urging local employers to adopt a code of conduct towards no match letters. Enacted Number: 645-02 ADOPTED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 2 - Leno, Peskin 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 beconsidered, 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.Aunanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Serious Injury Finding]Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if actionis 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. OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinance 021503 [Amend Subdivision Code Section 1308] Supervisors McGoldrick, Ammiano, Gonzalez Ordinance amending the San Francisco Subdivision Code by amending Section 1308 to provide that a tenant may also be an owner of record of the property and to remove the requirement that atenant have an exclusive right to occupy a unit; amending Section 1316 to address the formation of tenancies in common in buildings of seven units or more; and making this Ordinanceretroactive to November 1, 2002. 8/26/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. 9/16/02, TRANSFERRED to Transportation and Commerce Committee. 9/17/02, SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title. 9/17/02, ASSIGNED to Transportation and Commerce Committee. Resolutions 021552 [Oppose Federal Intervention Collective Bargaining - International Longshore and Warehouse Union] Supervisors Sandoval, Newsom, Yee, McGoldrick, Maxwell, Ammiano, Daly, Gonzalez, Leno, Peskin Resolution opposing Federal intervention in the collective bargaining process between the International Longshore and Warehouse Union and the Pacific Maritime Association in San Francisco. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021553 [Commend Developing Environments Artists] Supervisors Daly, Sandoval Resolution commending the Developing Environments Artists in the Royce Artists Building on their 30th year anniversary. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021554 [Support Proposition 50, Clean Water and Coastal Protection Bond] Supervisors Daly, Sandoval, Peskin Resolution supporting Proposition 50, the Clean Water and Coastal Protection Bond. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021555 [Extend Juvenile Justice Advisory Committee] Supervisor Gonzalez Resolution extending the Juvenile Justice Advisory Committee’s term of operation for an additional six months. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021556 [Declare October 20 - 26 National Operator Appreciation Week] Supervisors Yee, Sandoval Resolution declaring October 20 - October 26 as National Operator Appreciation Week. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021557 [Support Assembly Bill 117, Community Choice Bill] Supervisors Ammiano, Daly Resolution supporting Assembly Bill 117, the Community Choice Bill. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021558 [Support Proposition 47, Kindergarten-University Public Education Facilities Bond Act] Supervisors Ammiano, Sandoval, Daly Resolution supporting Proposition 47, the Kindergarten-University Public Education Facilities Bond Act of 2002. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021559 [Honor Reverend Louis Vitale] Supervisors Ammiano, Newsom, Sandoval, Leno, Daly, Gonzalez Resolution honoring Reverend Louis Vitale who has devoted over 40 years of his life to the service of others by declaring September 29th, 2002 as Fr. Louis Vitale Day. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021560 [Commend Sheldon Rizen] Supervisors Ammiano, Sandoval Resolution commending Mr. Sheldon Rizen, an outstanding educator for the San Francisco Unified School District (SFUSD) and declaring September 28th, 2002 as Mr. Sheldon Rizen Day in the City and County of San Francisco. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021561 [Commend City CarShare’s Electrical Car Sharing Service] Supervisors Newsom, Sandoval, Leno, Peskin, Daly, Gonzalez Resolution commending City CarShare on its launch of electric car sharing service in San Francisco. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021562 [Commend Family Connections, San Bruno Merchants, Portola Community for San Bruno Avenue Festival Day] Supervisors Maxwell, Sandoval, Leno Resolution to commend Family Connections, San Bruno Merchants Association and the greater Portola community for their efforts to revitalize their neighborhood and proclaim Sunday, September29, 2002 as San Bruno Avenue Community Festival Day in San Francisco. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021563 [Commend DTIS launch of new SFGTV] Supervisors Daly, Sandoval Resolution commending the Department of Telecommunications and Information Services on the occasion of the launch of SFGTV. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021564 [Commend Martina Gillis] Supervisors Ammiano, Sandoval, Leno, Daly Resolution of appreciation and recognition of Martina Gillis for her vision, leadership, and years of commitment on behalf of the people of the City and County of San Francisco. 9/17/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021571 [Appointment - Telecommunications Commission] Mayor Resolution approving the Mayor’s appointment of Elizabeth A. Inadomi to the Telecommunications Commission, for the term ending July 1, 2005. (Mayor) 9/17/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021572 [Accept - Expend Federal Grant] Mayor Resolution authorizing the Mayor of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $1,609,555 from the U.S. Department of Justice, Bureau of Justice Assistance, to administer the Local Law Enforcement Block Grant Program. (Mayor) (Public Benefit Recipient.) 9/17/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. Request for Hearing 021565 [Interim Management Letters, City’s 2001-2002 Audit] Supervisor Hall Hearing to consider the Interim Management Letters for the City and County of San Francisco as presented by the City’s external auditors for the fiscal year 2001-2002 audit. 9/17/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. Sponsor requests this item be scheduled for consideration at the October 1, 2002 meeting. 021566 [Small Business Concerns re: PG&E] Supervisor Daly Hearing to discuss small business concerns about PG&E, including high cost of service and poor customer service. 9/17/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. 021567 [Violence on Young Children] Supervisor Ammiano Hearing on San Francisco’s strategy to reduce the incidence and impact of violence on young Children. 9/17/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Sponsor requests this item be scheduled for consideration at the November 7, 2002 meeting. 021568 [Office of Citizen Complaints 2001 Annual Report] Supervisor Ammiano Hearing on the 2001 Annual Report of the Office of Citizen Complaints. 9/17/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. Motion 021570 [Waiver Permitting City Employees to Serve as Field Election Deputies and Otherwise Assist the Department of Elections on November 5, 2002.] Supervisor Ammiano Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to permit employees of the Controller’s Office and the City Attorney’s Office and civil servants workingfor City departments, other than departments whose elective officer is standing for election on November 5, 2002, to serve as Field Election Deputies and otherwise assist the Department ofElections on November 5, 2002. 9/17/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. PROPOSED ORDINANCES 021530 [Settlement of Lawsuit - Mary Lou Cordero] Ordinance authorizing settlement of the lawsuit filed by Mary Lou Cordero against the City and County of San Francisco for $100,000; the lawsuit was filed on August 27, 2001, in the SanFrancisco Superior Court, Case No. 324-064; entitled Mary Lou Cordero v. City and County of San Francisco. (City Attorney) (PublicBenefit Recipient.) 9/3/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021531 [Settlement of Lawsuit - Silvia Landau] Supervisor Gonzalez Ordinance authorizing settlement of the lawsuit filed by Silvia Landau against the City and County of San Francisco for $73,000; the lawsuit was filed on April 27, 2000 in San FranciscoSuperior Court, Case No. 311768, entitled Silvia Landau v. City and County of San Francisco, et al. (City Attorney) (Public Benefit Recipient.) 9/18/02 Supervisor Sandoval dissenting in committee. 9/3/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021532 [Settlement of Grievance - Gabriel Castillo] Ordinance authorizing settlement of the grievance (ERD No. 83-02-0790) of Gabriel Castillo against the City and County of San Francisco for $93,938.15 (including $72,427.50 to Castillo asback wages; $16,392.08 to the City’s Retirement System to make up shortages in Castillo’s retirement account; $3,938.15 to the City’s Retirement System as reimbursement for withholding taxand health coverage premiums; and $1,180.42 as a lump sum payment to Castillo).Other material terms of said settlement are Castillo shall not seek future employment with the City and heshall release all claims relating to his dismissal as a 2320 Registered Nurse.Castillo shall also return all uncashed pension warrants in the amount of $19,625.24 to the Office of the City Attorney. (City Attorney) (Public Benefit Recipient.) 9/4/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. PROPOSED RESOLUTIONS 020348 [Request an ABAWD (Able Bodied Adults without Dependents) Waiver from the State Department of Social Services] Resolution authorizing the Department of Human Services to request an ABAWD Waiver from the State Department of Social Services. (Human Services Department) (No Public BenefitRecipient.) 9/9/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. 021508 [Agreement with the State of California for the Third Street Light Rail Project and supplement to the Freeway Maintenance Agreement] Resolution authorizing the Director of Transportation to execute a cooperative agreement with the State of California Department of Transportation (Caltrans) and the Director of Public Works to execute a supplement to the Freeway Maintenance Agreement with the State of California, Department of Transportation (Caltrans). (Municipal Transportation Agency) (No Public BenefitRecipient.) 8/28/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 021533 [State grant for medical services to indigent persons] Supervisors Daly, Leno, Newsom Resolution authorizing the Department of Public Health to accept and expend retroactively a grant allocation for up to $4,136,456 for Fiscal Year 2002-03 funding from the State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials andsupplies, facilities rental, personal services, and indirect costs in the amount of $60,541, based on 11.8% of administrative and fiscal intermediary costs; for the period of July 1, 2002,to June 30, 2003. (Public Health Department) (No Public Benefit Recipient.) 9/3/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Department requests this item be scheduled for consideration at the September 19, 2002 meeting. 021534 [Grant Federal Funds] Resolution authorizing the Municipal Transportation Agency Board to accept and expend $66,231,753 of Federal Formula Section 5307, Congestion Mitigation and Air Quality (CMAQ) and SurfaceTransportation Program (STP) Capital Assistance for San Francisco capital projects and activities, including Administrative Overhead Costs. (Municipal Transportation Agency) (No Public Benefit Recipient.) 8/28/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 021542 [Refugee County Plan] Resolution approving the San Francisco Federal Fiscal Year 2002 Refugee County Plan. (Private Industry Council) (Public Benefit Recipient.) 9/13/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. 021543 [Contract funds for SFHIV Vaccine Clinical Trials Unit] Supervisors Daly, Leno Resolution authorizing the Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $325,345 with Public Health Foundation Enterprises Inc. (PHFE), theprimary contractor, to fund the third year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a unit of the HIV Vaccine Trials Network (HVTN); for the period of June 1,2002 to May 31, 2003. (Public Health Department) (No Public Benefit Recipient.) 8/22/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Requests Granted From: Supervisor Newsom To: Director, Department of Parking and Traffic Requesting/Inquiring: To evaluate the following street intersections for traffic and safety improvements: 1.Lombard and Broderick Streets 2. Octavia and Francisco Streets 3. Octavia and Gough Streets From: Supervisor Newsom To: City Attorney Requesting/Inquiring: To draftlegislation, which would: 1. Require the Board of Supervisors to submit for action any legislation at least 60-days prior to the last day for filing with the Department of Electionsordinances and policy declarations intended for voter approval; and 2. Require the Board of Supervisors to calendar such an ordinance of policy declaration for a public hearing within 15days after such submission; and 3. Require the Board of Supervisors to vote to enact or reject the ordinance or policy declaration within 30 days after such submission.If rejected oramended in a manner unacceptable to the sponsor(s), the ordinance or policy declaration could then be submitted to the voters. From: Supervisor Newsom To: CityAttorney Requesting/Inquiring: To draft legislation adding a new section of the Police Code, (similar to Park Code, Section 4.08) which would prohibit a person from interfering with or inany manner hinder any "City or Contract" employee working on City property or attending to City streets/sidewalks. From: Supervisor Hall To: Director, Department of Parking andTraffic Requesting/Inquiring: To report how the Department investigates citizens’ complaints of Parking Control Officers and, generally, what is the department oversight process of theseofficers? From: Supervisor Hall To: Director, Department of Parking and Traffic Requesting/Inquiring: What suggestions does the Department have to improve pedestrian and vehicular In Memoriams Mayor Ralph Appezzato (Entire Board) Nanette Armenta (Supervisor Hall) Carol Toderico (Supervisor Yee) Sheldon Rizen (Supervisor Ammiano) Dina Harb (Supervisor Ammiano) Barbara Kay Pendergast (Supervisor Leno) Robert Mason (Supervisor Leno) Jack Harte (Supervisor Sandoval) Steven Cannata (Supervisors Newsom, Hall, Daly) ADJOURNMENT There being no further business, the Board at the hour of3:20 p.m. adjourned. Gloria L. Young, Clerk N.B.The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on October 15,2002. I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of saidBoard on the date stated and was approved as recited. Meeting Procedures The Board of Supervisors is the Legislative Body of the City and County of San Francisco.The Board considers ordinances and resolutions, most of which have been the subject ofhearings 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 beenheard 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 ofcell 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; and4) 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 cablecast on SF Cable 26.For video tape copies and scheduling call (415) 557-4293. Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555. Requests for language translation at a meeting must be received no later than noon the Friday before the meeting.Contact Ohn Myint at (415) 554-7704. Disability access Know Your Rights Under the Sunshine Ordinance Government’s duty is to serve the public, reaching its decision in full view of the public.Commissions, boards, councils and other agencies of the City and County exist to conductthe 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, athttp://www.sfgov.org/sunshine.htm