# Board of Supervisors Agenda: October 7, 2002

- Meeting date: 2002-10-07
- Document type: agenda
- Source format: HTML
- Extracted pages: 1
- [Canonical HTML transcript](https://sfbos.info/documents/1684/2002-10-07-agenda)
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## Extracted text

### [Page 1](https://sfbos.info/documents/1684/2002-10-07-agenda#page-1)

Agenda

 Monday, October 7, 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

 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 2

 Recommendation of the Neighborhood
 Services and Recreation Committee

 Present:
 Supervisors Newsom, Leno, McGoldrick

 1.
 021422
 [Accept-Expend State Grant]
 Supervisor Leno

 Resolution authorizing the San
 Francisco Arts Commission to accept and expend a grant in the amount of
 $109,000 from the State of California Department of Parks and Recreation
 for the Restoration of the James A. Garfield and the Guiseppe Verdi Monuments
 in Golden Gate Park. (Recreation and Park Department)

 (Public Benefit Recipient)

 Question: Shall
 this Resolution be ADOPTED?

 Recommendation of the Rules
 and Audits Committee

 Present: Supervisors
 Hall, Sandoval

 2.
 021535
 [Settlement of Unlitigated Contractual
 Dispute]

 Ordinance authorizing settlement
 of the unlitigated contractual dispute between the City and County of San
 Francisco and Health Management Systems, Inc. for a $550,000 payment to
 the City and amendment to the contract. (City Attorney)

 (No Public Benefit Recipient.)

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

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

 REGULAR
 AGENDA

 UNFINISHED
 BUSINESS

 From the Clerk

 3.
 021672
 [Adopting findings related to
 the conditional use appeal on property located at 1598 Dolores Street.]

 Motion adopting findings related
 to the appeal of the Planning Commission&rsquo;s approval of Conditional Use Application
 No. 2000.1058C (which approved the development of two residential buildings
 with a total of 13 dwelling units ((two of which are affordable)) and up
 to 26 off-street parking spaces, and the development of 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, for property located at 1598
 Dolores Street, at the northwest corner of Dolores and 29th Streets (Lots
 7, 9 and 38 in Assessor&rsquo;s Block 6618). (Clerk of the Board)

 (Companion measure to Files 021240,
 021241, 021242, 021243, 021280.)

 10/2/2002, REFERRED to Board of Supervisors.

 Question: Shall
 this Motion be ADOPTED?

 4.
 021673
 [Adopting findings related to
 the conditional use appeal on property located at 2863 California Street]

 Motion adopting findings related
 to the appeal of the Planning Commission&rsquo;s approval of Conditional Use Application
 No. 2002.0408C (which approved a proposed three story mixed-use building
 without off-street parking for four residential units in a Small Scale NC-2,
 Neighborhood Commercial District) for property located at 2863 California
 Street, on the south side between Broderick and Divisadero Streets (Lot
 23 in Assessor&rsquo;s Block 1028). (Clerk of the Board)

 (Companion measure to Files 021244,
 021245, 021246, 021247.)

 10/2/2002, REFERRED to Board of Supervisors.

 Question: Shall
 this Motion be ADOPTED?

 Recommendations of the Finance
 Committee

 Present:
 Supervisors Peskin, Daly, Maxwell

 5.
 020782
 [Planning Code Amendment - South
 of Market SUD Amendments]
 Supervisor Daly

 Ordinance amending Planning Code
 Sections 803.5 and 822 to include union halls as permitted principal uses
 in the South of Market Special Hall of Justice Legal Services District,
 to include Assessor&rsquo;s Block 3780 Lots 1 and 2 as part of the South of Market
 Special Hall of Justice Legal Services District, and to correct citations
 and zoning map page number references; amending Zoning Map Sheet 8SU of
 the City and County of San Francisco to include Lots 1 and 2 in Assessor&rsquo;s
 Block 3870 as part of the South of Market Special Hall of Justice Legal
 Services District; and making findings of consistency with the priority
 policies of Planning Code Section 101.1 and the General Plan.

 9/30/2002, PASSED ON FIRST READING.

 Question: Shall
 this Ordinance be FINALLY PASSED?

 6.
 021221
 [Laws and procedures governing
 the enforcement of prevailing wages for workers on public work projects]

 Supervisors Ammiano, Daly, Peskin,
 Maxwell, Leno, Gonzalez, McGoldrick, Newsom

 Ordinance amending the Administrative
 Code by adding subsection 6.1(H), definition of prevailing wage; amending
 subsection 6.22(A)(6) to include a requirement concerning subcontractor
 licenses; amending subsection 6.22(B) to include a requirement that all
 contractor and subcontractors provide workers&rsquo; compensation insurance certificates;
 amending subsection 6.22(E) concerning application and enforcement of prevailing
 wage requirements and assessment of penalties and backwages; amending subsection
 6.22(O) to add further contractual requirements for the employment of apprentices
 and to add penalties for noncompliance; adding subsection 6.22(P) concerning
 safety requirements for contractors and subcontractors; amending section
 6.24 to expand the authority of the Office of Labor Standards Enforcement
 to enforce requirements of state and federal law, to enforce working conditions
 and apprenticeship and to assess monetary penalties and backwages against
 public work contractors.

 9/30/2002, PASSED ON FIRST READING. Supervisors
 Leno, Gonzalez, McGoldrick and Newsom requested to be added as co-sponsors.

 Question: Shall
 this Ordinance be FINALLY PASSED?

 7.
 021419
 [MOU - San Francisco Police Officers&rsquo;
 Association]
 Mayor, Supervisor Newsom

 Ordinance adopting and implementing
 Amendment No. 1 to the 2001-2003 Collective Bargaining Agreement between
 the San Francisco Police Officers&rsquo; Association (SFPOA) and the City and
 County of San Francisco by amending Sections 13 (A) and (F) to incorporate
 the parties&rsquo; agreement to clarify their intent with regard to compensation
 for canine officers and to correct clerical errors. (Mayor)

 9/30/2002, PASSED ON FIRST READING. Supervisor
 Newsom requested to be added as a co-sponsor.

 Question: Shall
 this Ordinance be FINALLY PASSED?

 Recommendation of the Transportation
 and Commerce Committee

 Present:
 Supervisors McGoldrick, Hall, Ammiano

 8.
 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
 a tenant have an exclusive right to occupy a unit; amending Section 1316
 to address the formation of tenancies in common in buildings of seven units
 or more; and making this Ordinance retroactive to November 1, 2002.

 9/30/2002, PASSED ON FIRST READING. Supervisors
 Ammiano and Gonzalez requested to be added as co-sponsors.

 Question: Shall
 this Ordinance be FINALLY PASSED?

 NEW BUSINESS

 Recommendations of the Finance
 Committee

 Present:
 Supervisors Peskin, Maxwell

 9.
 021417
 [Eliminating the Mayor&rsquo;s Office
 Cash Revolving Fund]
 Mayor

 Ordinance amending the San Francisco
 Administrative Code by repealing Section 10.148, to eliminate the Mayor&rsquo;s
 Office cash revolving fund. (Mayor)

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 Present:
 Supervisors Peskin, Daly, Maxwell

 10.
 021526
 [New Mission Bay Branch Library]

 Mayor

 Ordinance approving and authorizing
 the Director of Property to execute an Agreement of Purchase and Sale of
 Real Property with the Redevelopment Agency of the City and County of San
 Francisco for the purchase of a new Mission Bay Branch Library of the San
 Francisco Public Library to be constructed and located on land that is referred
 to herein as Parcel N3a-1 fronting on 4th Street between Berry Street and
 the Mission Creek Channel within the Mission Bay North Redevelopment Plan
 Area; and authorizing the Director of Property to execute documents, make
 certain modifications and take certain actions in furtherance of this Ordinance.
 (Mayor)

 (Fiscal impact.)

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 11.
 021291
 [Accept-Expend Federal Grant]

 Resolution authorizing the Airport
 Commission to accept and expend a Federal Airport Improvement Program grant
 in the amount of $5,291,558.00 from the U.S. Department of Transportation
 Federal Aviation Administration, and approving Modification Nos. 4 and 5
 to Contract No. 4240.1 for preparation of environmental impact studies for
 the proposed runway reconfiguration project, for a total contract amount
 not to exceed $16,200,730. (Airport Commission)

 (Public Benefit Recipient.)

 (Supervisor Daly dissenting in Committee)

 Question: Shall
 this Resolution be ADOPTED?

 Recommendations of the Neighborhood
 Services and Recreation Committee

 Present: Supervisors
 Newsom, Leno, McGoldrick

 12.
 020537
 [Liquor License, 1581 Webster
 Street, #240]

 Resolution determining that the
 issuance of a Type 47 on-sale general eating place liquor license to Takehiko
 Yasuda dba "Lime Light" located at 1581 Webster Street, #240 (District 5)
 in exchange of the current Type 48 on-sale general public premises license,
 will not serve the public convenience and necessity of the people of the
 City and County of San Francisco, in accordance with Section 23958.4 of
 the California Business and Professions Code.

 Question: Shall
 this Resolution be ADOPTED?

 13.
 021275
 [Liquor License Transfer, 691
 Portola Drive]

 Resolution determining that the
 transfer of a Type 21 off-sale general alcoholic beverage control license
 to Song Kwang and Tong Sun Kim dba "Miraloma Liquors" from 683 Portola Drive
 to 691 Portola Drive (District 6), will serve the convenience of the people
 of the City and County of San Francisco, in accordance with Section 23958.4
 of the California Business and Professions Code.

 Question: Shall
 this Resolution be ADOPTED?

 Recommendations of the Public
 Works and Public Protection Committee

 Present: Supervisors
 Sandoval, Yee, Gonzalez

 14.
 020155
 [Building and Planning Code Amendment]

 Supervisors Yee, Sandoval

 Ordinance amending San Francisco
 Building Code by adding Sections 104.6 through 104.6.3 and amending the
 San Francisco Planning Code by adding Section 306.10 to require publication
 of a cover sheet with neighborhood notices advising how to request information
 about the notices in multiple languages and making findings.

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 15.
 020784
 [Resource Conservation - Batteries]

 Supervisors Sandoval, McGoldrick,
 Yee

 Ordinance amending the Resource
 Conservation Ordinance, Chapter 21A of the Administrative Code, to require
 the purchase and use of rechargeable batteries by City departments and to
 require other practices that will increase battery recycling by the City.

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 Recommendations of the Rules
 and Audits Committee

 Present: Supervisors
 Hall, Gonzalez, Sandoval

 16.
 021571
 [Appointment - Telecommunications
 Commission]
 Mayor

 Resolution approving the Mayor&rsquo;s
 appointment of Elizabeth A. Inadomi to the Telecommunications Commission,
 for the term ending July 1, 2005. (Mayor)

 Question: Shall
 this Resolution be ADOPTED?

 17.
 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 City employees
 to serve as Field Election Deputies and otherwise assist the Department
 of Elections on November 5, 2002.

 Question: Shall
 this Motion be ADOPTED?

 Recommendations of the Transportation
 and Commerce Committee

 Present: Supervisors
 McGoldrick, Ammiano

 18.
 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&rsquo; 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; report from the
 Director of the Department of Administrative Services one year from the
 date of approval regarding usage rates and costs. (Administrative Services
 Department)

 Question: Shall
 this Resolution be ADOPTED?

 19.
 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 Benefit Recipient.)

 Question: Shall
 this Resolution be ADOPTED?

 20.
 021534
 [Grant Federal Funds]

 Resolution authorizing the Municipal
 Transportation Agency Board to retroactively accept and expend $66,231,753
 of Federal Formula Section 5307, Congestion Mitigation and Air Quality (CMAQ)
 and Surface Transportation Program (STP) Capital Assistance for San Francisco
 capital projects and activities, including Administrative Overhead Costs.
 (Municipal Transportation Agency)

 (No Public Benefit Recipient.)

 Question: Shall
 this Resolution be ADOPTED?

 COMMITTEE
 REPORTS

 Reports from committees,
 if any, recommending emergency or urgent measures.

 From Health and Human Services
 Committee

 The following
 item will be considered by the Health and Human Services Committee at its
 regular Meeting on Thursday, October 3, 2002 at 1:05 p.m. The Chair intends
 to request the Committee to send the following item to the Board as a committee
 report.

 21.
 021597
 [Urging the U.S. Congress to Oppose
 War with Iraq]
 Supervisors Leno, Peskin, Ammiano

 Resolution urging the U.S. Congress
 to oppose military action in Iraq.

 9/27/2002 Transferred
 to Health and Human Services Committee.

 Question: Shall
 this Resolution be ADOPTED?

 From Rules and Audits Committee

 The following
 items will be considered by the Rules and Audits Committee at a Special
 Meeting on Thursday, October 3, 2002 at 12:00 Noon. The Chair intends to
 request the Committee to send the following items to the Board as a committee
 report.

 22.
 021618
 [Appointment, Planning Commission]

 Mayor

 Motion approving the Mayor&rsquo;s nomination
 of Michael Antonini to Seat No. 4 of the Planning Commission, term to be
 determined by lot. (Mayor)

 Michael Antonini, new position,
 Seat No. 4, must be nominated by the Mayor, term to be determined by lot.

 Question: Shall
 this Motion be ADOPTED?

 23.
 021619
 [Appointment, Planning Commission]

 Mayor

 Motion rejecting the Mayor&rsquo;s nomination
 of Michael Antonini to Seat No. 4 of the Planning Commission. (Mayor)

 Question: Shall
 this Motion be ADOPTED?

 24.
 021620
 [Appointment, Planning Commission]

 Mayor

 Motion approving the Mayor&rsquo;s nomination
 of Shelley Bradford Bell to Seat No. 5 of the Planning Commission, term
 to be determined by lot. (Mayor)

 Shelley Bradford Bell, new position,
 Seat No. 5, must be nominated by the Mayor, term to be determined by lot.

 Question: Shall
 this Motion be ADOPTED?

 25.
 021621
 [Appointment, Planning Commission]

 Mayor

 Motion rejecting the Mayor&rsquo;s nomination
 of Shelley Bradford Bell to Seat No. 5 of the Planning Commission. (Mayor)

 Question: Shall
 this Motion be ADOPTED?

 26.
 021622
 [Appointment, Planning Commission]

 Mayor

 Motion approving the Mayor&rsquo;s nomination
 of Edgar Boyd to Seat No. 6 of the Planning Commission, term to be determined
 by lot. (Mayor)

 Edgar Boyd, new position, Seat
 No. 6, must be nominated by the Mayor, term to be determined by lot.

 Question: Shall
 this Motion be ADOPTED?

 27.
 021623
 [Appointment, Planning Commission]

 Mayor

 Motion rejecting the Mayor&rsquo;s nomination
 of Edgar Boyd to Seat No. 6 of the Planning Commission. (Mayor)

 Question: Shall
 this Motion be ADOPTED?

 28.
 021624
 [Appointment, Planning Commission]

 Mayor

 Motion approving the Mayor&rsquo;s nomination
 of Jeffrey Chen to Seat No. 7 of the Planning Commission, term to be determined
 by lot. (Mayor)

 Jeffrey Chen, new position, Seat
 No. 7, must be nominated by the Mayor, term to be determined by lot.

 Question: Shall
 this Motion be ADOPTED?

 29.
 021625
 [Appointment, Planning Commission]

 Mayor

 Motion rejecting the Mayor&rsquo;s nomination
 of Jeffrey Chen to Seat No. 7 of the Planning Commission. (Mayor)

 Question: Shall
 this Motion be ADOPTED?

 30.
 021626
 [Appointment, Board of Appeals]

 Mayor

 Motion approving the Mayor&rsquo;s nomination
 of Arnold Chin to Seat No. 3 of the Board of Appeals, term to be determined
 by lot. (Mayor)

 Arnold Chin, new position, Seat
 No. 3, must be nominated by the Mayor, term to be determined by lot.

 Question: Shall
 this Motion be ADOPTED?

 31.
 021627
 [Appointment, Board of Appeals]

 Mayor

 Motion rejecting the Mayor&rsquo;s nomination
 of Arnold Chin to Seat No. 3 of the Board of Appeals. (Mayor)

 Question: Shall
 this Motion be ADOPTED?

 32.
 021628
 [Appointment, Board of Appeals]

 Mayor

 Motion approving the Mayor&rsquo;s nomination
 of Kathleen Harrington to Seat No. 4 of the Board of Appeals, term to be
 determined by lot. (Mayor)

 Kathleen Harrington, Seat No.
 4, must be nominated by the Mayor, term to be determined by lot.

 Question: Shall
 this Motion be ADOPTED?

 33.
 021632
 [Appointment, Board of Appeals]

 Mayor

 Motion rejecting the Mayor&rsquo;s nomination
 of Kathleen Harrington to Seat No. 4 of the Board of Appeals. (Mayor)

 Question: Shall
 this Motion be ADOPTED?

 34.
 021633
 [Appointment, Board of Appeals]

 Mayor

 Motion approving the Mayor&rsquo;s nomination
 of Sabrina Saunders to Seat No. 5 of the Board of Appeals, term to be determined
 by lot. (Mayor)

 Sabrina Saunders, Seat No. 5,
 must be nominated by the Mayor, term to be determined by lot.

 Question: Shall
 this Motion be ADOPTED?

 35.
 021634
 [Appointment, Board of Appeals]

 Mayor

 Motion rejecting the Mayor&rsquo;s nomination
 of Sabrina Saunders to Seat No. 5 of the Board of Appeals. (Mayor)

 Question: Shall
 this Motion be ADOPTED?

 36.
 ROLL CALL
 FOR INTRODUCTIONS

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

 37.
 PUBLIC
 COMMENT

 An opportunity for
 members of the public to directly address the Board on items of interest
 to the public that are within the subject matter jurisdiction of the Board,
 including items being considered today which have not been considered by
 a Board committee and excluding items which have been considered by a Board
 committee. Members of the public may address the Board for up to three minutes.
 Each member of the public will be allotted the same number of minutes to
 speak, except that public speakers using translation assistance will be
 allowed to testify for twice the amount of the public testimony time limit.
 If simultaneous translation services are used, speakers will be governed
 by the public testimony time limit applied to

 CLOSED
 SESSION

 CONFERENCE
 WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff or Defendant

 38.
 021578
 [Anticipated Litigation]

 Motion that the Board of Supervisors
 convene in closed session with the City Attorney for the purpose of conferring
 with, or receiving advice from, the City Attorney regarding anticipated
 litigation (City anticipated to be a plaintiff or defendant) which may occur
 with Television Signal Corporation and AT&T Broadband et al. regarding compliance
 with the City&rsquo;s cable television franchise and AT&T Broadband&rsquo;s proposed
 merger with Comcast. (City Attorney)

 This closed session would be permitted
 by Government Code Section 54956.9(b) and (c) and the San Francisco Administrative
 Code Section 67.10(d).

 September 30,
 2002 - Continued to October 7, 2002.

 Question: Shall
 this Motion be ADOPTED?

 After a closed session,
 if one occurs, the President shall (1) request the Deputy City Attorney
 to identify the subjects discussed in the closed session, and (2) direct
 the Clerk of the Board to report the vote taken on any motion in the closed
 session.

 [Elect To Disclose]

 Motion that the Board finds it is in the public interest to disclose information
 discussed in closed session, and directs the President immediately to disclose
 that information.

 [Elect Not to Disclose]

 Motion that the Board finds that it is in the best interest of the public
 that the Board elect at this time not to disclose its closed session deliberations
 concerning the anticipated litigation listed above.

 FOR ADOPTION
 WITHOUT COMMITTEE REFERENCE

 These measures are
 introduced for adoption without committee reference. A unanimous vote is
 required for adoption of a resolution today. Any Supervisor may require
 any resolution to go to committee.

 Items 39 through
 55

 39.
 021648
 [Recognition and celebration 100
 years of Korean Immigration]
 Supervisor Yee

 Resolution recognizing and celebrating
 100 years of Korean immigration and contributions to the United States.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 40.
 021649
 [Support "Principles for a More
 Secure San Francisco"]
 Supervisor Peskin

 Resolution supporting "Principles
 for a More Secure San Francisco," as proposed by the Service Employees International
 Union, the largest security officer union in the nation, to provide higher
 standards for the private security industry.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 41.
 021650
 [Commend ArtNica]
 Supervisor Sandoval

 Resolution commending ArtNica
 for their commitment and dedication to introducing Nicaraguan Art to the
 Bay Area.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 42.
 021651
 [Commend Wells Fargo Bank]
 Supervisor Sandoval

 Resolution commending Wells Fargo
 Bank for accepting identification cards issued by the Guatemalan Consulate
 for new account openings and banking transactions.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 43.
 021652
 [First Amendment to Water Supply
 Contract between CCSF and California Water Service Company]
 Supervisors Hall, Gonzalez, Maxwell,
 Newsom

 Resolution approving and authorizing
 the SFPUC General Manager to sign the First Amendment to the Water Supply
 Contract Between the City and County of San Francisco and the City of California
 Water Service Company for Purposes of Conducting an Aquifer Recharge Study.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 44.
 021666
 [First Amendment to Water Supply
 Contract between CCSF and City of San Bruno]
 Supervisors Hall, Gonzalez, Maxwell,
 Newsom

 Resolution approving and authorizing
 the SFPUC General Manager to sign the First Amendment to the Water Supply
 Contract Between the City and County of San Francisco and the City of San
 Bruno for Purposes of Conducting an Aquifer Recharge Study.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 45.
 021653
 [Urge Director of Planning to
 reexamine the process for "17 Reasons Why Sign"]
 Supervisor Ammiano

 Resolution urging Gerald Green,
 Director of Planning Department, to reexamine the permitting process for
 the "17 Reasons Why Sign."

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 46.
 021654
 [Commend Alzheimer&rsquo;s Association]

 Supervisor Leno

 Resolution commending the Alzheimer&rsquo;s
 Association for increasing awareness and raising funds for programs and
 services for people living with Alzheimer&rsquo;s disease and declaring October
 12th "Alzheimer&rsquo;s Association Day in San Francisco."

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 47.
 021655
 [Commend Global Exchange, Asian
 Law Caucus, Sweatshop Watch, Union of Needletrades, Industrial and Textile
 Workers]
 Supervisors Sandoval, Maxwell

 Resolution commending Global Exchange,
 Asian Law Caucus, Sweatshop Watch, and Union of Needletrades, Industrial
 and Textile Workers for working tirelessly on behalf of the 30,000 current
 and former garment workers in Saipan in their class action lawsuit to establish
 a code of conduct for the companies who have factories there, a monitoring
 system to prevent labor abuses, and a fund to pay back wages to employees
 and urging Levi Strauss to join in the settlement of this class action lawsuit.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 48.
 021656
 [Extend MUNI 14 trolley coach
 to Daly City BART station]
 Supervisor Sandoval

 Resolution urging the Municipal
 Transportation Agency (MTA) to amend its short range transit plan to include
 implementation, within the next 12 months, of the extension of the MUNI
 14 trolley coach route to the Daly City BART station and urging the San
 Francisco County Transportation Authority to prioritize this project in
 the countywide transportation plan and program the local, state and federal
 funds necessary to this end.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 49.
 021657
 [Accept and Expend Gift in Place
 to Recreation and Park Department, $50,000.00]
 Supervisor Newsom

 Resolution accepting and expending
 a gift valued at $50,000.00 and a gift-in-place valued at approximately
 $35,000.00 from the Friends and Recreation and Parks to the Recreation and
 Park Department for Moscone Park.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 50.
 021658
 [Accept and Expend Gift in Place
 to Recreation and Park Department, $750,000.00]
 Supervisor Newsom

 Resolution accepting and expending
 a gift-in-place valued at maximum of $750,000.00 from the Friends of Recreation
 and Parks to the Recreation and Park Department to be used for the Children&rsquo;s
 Play Area located at the Julius Kahn Playground.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 51.
 021659
 [Commend North of Market Senior
 Services]
 Supervisor Daly

 Resolution commending the North
 of Market Senior Services for 30 years of providing essential programs and
 services to seniors.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 52.
 021660
 [Commend Art Octavio]
 Supervisors Yee, Hall

 Resolution commending Art Octavio
 for his commitment and service for over forty years to the City and County
 of San Francisco.

 9/30/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 53.
 021592
 [Final Map for a 9 Unit Residential
 Condominium Project]

 Motion approving Final Map of
 741 Ellis Street, A Residential Condominium Project, being a subdivision
 of Lot 23 in Assessor&rsquo;s Block No. 740, and adopting findings pursuant to
 City Planning Code Section 101.1. (Public Works Department)

 (No Public Benefit Recipient;
 DPW Order No. 173,732; Distrit 6.)

 9/25/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Motion be ADOPTED?

 54.
 021616
 [Final Map for a 14 Unit Live/Work
 Condominium Project]

 Motion approving Final Map of
 630 8th Street, a Live/Work Condominium Project, being a subdivision of
 Lot 10, Assessor&rsquo;s Block No. 3782, and adopting findings pursuant to City
 Planning Code Section 101.1. (Public Works Department)

 (No Public Benefit Recipient;
 DPW Order No. 173,733; District 6.)

 9/26/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Motion be ADOPTED?

 55.
 021617
 [Final Map for a 28 Unit Live/Work
 Condominium Project]

 Motion approving Final Map of
 2412 Harrison Street, a Live/Work Condominium Project, being a subdivision
 of Lot 2, Assessor&rsquo;s Block No. 3612, and adopting findings pursuant to City
 Planning Code Section 101.1. (Public Works Department)

 (No Public Benefit Recipient;
 DPW Order No. 173,734; District 9.)

 9/25/2002, 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:_________________________________________

 56.
 IMPERATIVE
 AGENDA

 Resolution(s), if
 any, to be adopted within limits imposed by the Sunshine Ordinance and the
 Ralph M. Brown Act, introduced today, not on the printed agenda. For such
 resolutions to be considered, the Board must first adopt the Serious Injury
 Finding or the Purely Commendatory Finding and the Brown Act Finding.Each
 motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required
 for the resolution(s).

 [Serious Injury Finding]

 Motion that the Board find that for the resolution(s) being considered at
 this time "the need to take action is so imperative as to threaten serious
 injury to the public interest if action is deferred to a later meeting."

 [Purely Commendatory
 Finding]

 Motion that the Board find that the resolution(s) being considered at this
 time are purely commendatory.

 [Brown Act Finding]

 Motion that the Board find by roll call vote that for the resolutions being
 considered at this time there is a need to take immediate action and the
 need to take action came to the attention of the City and County of San
 Francisco after the agenda was posted.

 [Imperative Resolutions,
 if any]

 OFF-AGENDA
 LEGISLATION

 PROPOSED ORDINANCES

 Proposed
 ordinances received from September 26 through noon on October 2, 2002, for
 reference by President to appropriate committee on October 7, 2002..

 None.

 PROPOSED RESOLUTIONS

 Proposed
 resolutions received from September 26 through noon on October 2, 2002,
 for reference by President to appropriate committee on October 7, 2002.

 021667
 [Fiscal Year 2002-03 California
 Constitution Appropriations Limit]

 Resolution establishing the appropriations
 limit for Fiscal Year 2002-03 pursuant to California Constitution Article
 XIII B. (Controller)

 (No Public Benefit Recipient.)

 10/2/2002, RECEIVED AND ASSIGNED to Finance
 Committee.

 021668
 [Agreement of Purchase and Sale
 of Real Property Located at 190 9th Street, San Francisco]

 Resolution authorizing the execution,
 delivery and performance of an Agreement of Purchase and Sale for Real Estate
 (along with all exhibits and schedules, the "Purchase Agreement"), between
 the City and County of San Francisco (the "City"), and Ninth and Howard
 LLC, a California limited liability company (the "Seller"), (including certain
 indemnities contained therein), for the purchase of real property and improvements
 located at 190 9th Street, San Francisco, for use as the Support Services
 Center of the San Francisco Public Library; adopting findings under the
 California Environmental Quality Act; and adopting findings that the conveyance
 is consistent with the City&rsquo;s General Plan and Eight Priority Policies of
 City Planning Code Section 101.1. (Real Estate Department)

 (Public Benefit Recipient.)

 10/2/2002, RECEIVED AND ASSIGNED to Finance
 Committee.

 021669
 [Accept - Expend Regional Funds]

 Resolution authorizing the Municipal
 Transportation Agency to accept and expend $540,000 of Traffic Congestion
 Relief Program funds for improvements to the Geneva Office Building. (Municipal
 Transportation Agency)

 (No Public Benefit Recipient.)

 10/1/2002, RECEIVED AND ASSIGNED to Transportation
 and Commerce Committee.

 021684
 [Petitions and Communications]

 Petitions and Communications received
 from September 26 through noon on October 2, 2002 for reference by the President
 to Committee considering related matters or to be ordered filed by the Clerk
 on October 7, 2002.

 From Office of the Controller, submitting report regarding external auditor&rsquo;s
 interim management letters for the City and County of San Francisco as issued
 by the City&rsquo;s independent auditors for the fiscal year ended June 30, 2002.File
 021565(1)

 From Office of the Controller, submitting report concerning the financial
 audit of the San Francisco Children and Families Commission for the fiscal
 year ended June 30, 2002.(2)

 From the Department on the Status of Women, submitting statistics and information
 on youth aged 14 - 18. (Reference No. 20020805-010) Copy: Supervisor Ammiano(3)

 From Public Library Commission, submitting Resolution 3/02 approving acquisition
 of 190 -9th Street for use as the Library Support Services facility as adopted
 by the Library Commission at its September 19, 2002 meeting.(4)

 From Office of the Controller, regarding assessment of procedures used by
 Verified Audit Circulation to conduct circulation audits of the San Francisco
 Independent Newspaper. Copy: Supervisor Daly(5)

 From Espanola Jackson, regarding the Raker Act of 1913 and proposed appointments
 to the Planning Commission. Copy: Each Supervisor(6)

 From Department of Children, Youth and Their Families, regarding adopted
 Budget for fiscal year 2002/03. (7)

 From Department of Public Health, submitting request to Human Rights Commission
 for waiver of Chapters 12B and 12C of the Administrative Code for Safeway
 Corp. and CALA Food Corp. for the continued purchase of food and food vouchers.(8)

 From Department of Elections, submitting copy of letter sent to the California
 Secretary of State (SOS) dated August 20, 2002, concerning apparent discrepancies
 identified by the SOS in the original canvass of the November 2000 election.
 File 020911, Copy: Each Supervisor(9)

 From Ethics Commission, submitting summary report of campaign consultant
 activity for the third quarter of 2002.(10)

 From Office of the Controller, submitting 2001-02 report of any transfer
 of funds made pursuant to Section 3.18 of the Administrative Code, which
 exceeds 10 percent of the original appropriation to which the transfer is
 made. Copy: Each Supervisor(11)

 From Ron Wolter, urging the Board of Supervisors to reject the Mayor&rsquo;s appointments
 to the Board of Appeals. Copy: Each Supervisor(12)

 From Public Utilities Commission, regarding the steps taken to disband the
 7th and Berry Streets homeless encampment. (Reference No. 20020729-011)
 Copy: Supervisor Daly(13)

 From Building Inspection Commission, submitting support for proposed ordinance
 amending Section 2903 of the Building Code to require that single accommodation
 sanitary facilities in public accommodations bear signage indicating that
 they are usable by either sex.(14)

 From Planning Department, submitting notice of public hearing for appeal
 concerning the environmental review of 2815 Diamond Street (Glen Park Marketplace).(15)

 From Evelyn Rose, regarding the danger (fire hazard) of leaving large mounds
 of cut branches, logs and underbrush in Golden Gate Park.Copy: Recreation
 and Park Department(16)

 From concerned citizens, submitting opposition to the sale of the community
 garden on Page Street between Buchanan and Webster Streets.File 021604(17)

 From concerned citizens, commenting on the outstanding work of the District
 Attorney&rsquo;s Sixth Street Community Justice Office in helping make the community
 safer and increasing the quality of life for the residents of the South
 of Market.(18)

 From Jaidin Consulting Group, LLC, regarding the appeal hearing of 2863
 California Street. File 021244(19)

 From Sergio Canjura, filing a formal complaint with the Human Rights Commission
 for the alleged violation of his human rights during a political demonstration
 by the SF Day Labor Program that is administered by La Raza Centro Legal.
 Copy: Each Supervisor, City Attorney(20)

 From Editha O&rsquo;Campo, commenting on the behavior of some of the bicycle riders
 in the Critical Mass demonstration on September 27, 2002 in San Francisco.(21)

 From Department of Human Resources, submitting quarterly report on the status
 of the IFPTE Local 21 Special Assistant Audit and MEA Management Classification
 and Compensation Plan. Copy: Each Supervisor(22)

 From Public Utilities Commission, submitting brochure regarding the Capital
 Improvement Program.(23)

 From Michele Lozano, regarding her request for a Section 8 housing voucher.

 Copy: Each Supervisor(24)

 From concerned citizens, submitting support for the proposed dog policy
 sponsored by Supervisor Yee. File 020849(25)

 From SF District, Corps of Engineers, submitting notice of permit request
 from Alynn Woodriff to continue the installation and removal of a seasonal
 road crossing on the Russian Rive, via an extension of Washington School
 Road, near the town of Asti, in Sonoma County.(26)

 From State Department of Health Services, regarding fiscal year 2002/03
 CHIP/RHS County allocation.(27)

 From Department of Public Health, regarding on the Health Insurance Portability
 and Accountability Act of 1996. (Reference No. 20020826-007) Copy: Supervisor
 Daly(28)

 From War Memorial and Performing Arts Center, regarding adopted Budget for
 fiscal year 2002/03.(29)

 From Office of the Legislative Analyst, submitting report regarding the
 potential advantages and disadvantages of enacting a biennial budget.(30)

 From State Department of Finance, regarding Chapter 1127, Statutes of 2002

 that requires redevelopment agencies in California to shift $75 million
 in property tax revenues to K-12 schools and community colleges during the
 2002-03 fiscal year.(31)

 From various City departments and other agencies, submitting Conflict of
 Interest Code Review Reports (Campaign and Governmental Conduct Code, Article
 III, Chapter 1.) Copy: City Attorney&rsquo;s Office(32)

 Board of Examiners, Plumbing and Electrical

 Department on the Status of Women

 Relocation Appeals Board

 Mayor&rsquo;s Office of Community Development

 Mayor&rsquo;s Office

 Juvenile Probation Department

 Small Business Commission (Business and Economic Development)

 From Immigrant Rights Commission, submitting Resolution No. IRC-090902,
 approved by the Commission on September 9, 2002, reaffirming San Francisco&rsquo;s
 status as a City and County of Refuge and an I.N.S. Raid Free Zone.(33)

 From Medical Examiner&rsquo;s Office, submitting annual report for the period
 of July 1, 2000 through June 30, 2001.(34)

 From the Non-Profit Contracting Task Force, submitting report regarding
 Non-Profit Contracting (Resolution No. 806-01), dated September 26, 2002.
 File 011809, Copy: Each Supervisor (35)

 From concerned citizen, submitting information regarding the Musee Mecanique
 at the Cliff House.(36)

 From concerned citizens, requesting the Board of Supervisors hold new hearings
 on animal testing at UCSF and do everything in the Board&rsquo;s power to compel
 UCSF to end Stephen Lisberger&rsquo;s cruel and outdated experiments. Approximately
 15 letters and postcards(37)

 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&rsquo;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&rsquo;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&rsquo;s business. This ordinance assures that deliberations are conducted
 before the people and that City operations are open to the people&rsquo;s review.

 For information on your rights under the Sunshine Ordinance (Chapter 67
 of the San Francisco Administrative Code) or to report a violation of the
 ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force,
 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by
 fax at (415) 554-5784 or by email at Donna.Hall@sfgov.org

 Citizens may obtain a free copy of the Sunshine Ordinance by contacting
 Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code
 on the Internet, at http://www.sfgov.org/bdsupvrs/sunshine.htm

 Lobbyist Registration
 and Reporting Requirements

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