# Board of Supervisors Agenda: October 28, 2002

- Meeting date: 2002-10-28
- Document type: agenda
- Source format: HTML
- Extracted pages: 1
- [Canonical HTML transcript](https://sfbos.info/documents/1690/2002-10-28-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/index.aspx-page=2511.html)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Extracted text

### [Page 1](https://sfbos.info/documents/1690/2002-10-28-agenda#page-1)

Full Board Agendas

 Board of Supervisors

 City and County of San Francisco

 Legislative Chamber - Second Floor

 City Hall,1 Dr. Carlton B. Goodlett Place

 San Francisco, CA 94102-4689

 AGENDA

 Monday, October 28, 2002

 2:00 PM

 Regular Meeting

TOM AMMIANO, PRESIDENT
CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO,
SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM,
AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE

 Gloria L. Young, Clerk of the Board

 ROLL CALL
 AND PLEDGE OF ALLEGIANCE

 APPROVAL
 OF MEETING MINUTES

 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 4

 Recommendations of the Rules
 and Audits Committee

 Present:
 Supervisors Hall, Gonzalez

 1.
 021679
 [Settlement of Lawsuit]

 Ordinance authorizing settlement
 of the lawsuit filed by Robin Dubner against the City and County of San
 Francisco for $205,000; the lawsuit was filed on 12/31/97 in the U.S. District
 Court, Case No. 98-1075; entitled Robin Dubner v. City and County of San
 Francisco, et al. (City Attorney)

 (No Public Benefit Recipient.)

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 2.
 020629
 [Appointment]

 Resolution appointing Kevin Sharps
 and Paul Kangas, terms ending October 1, 2005, to the Drug Abuse Advisory
 Board.

 Kevin Sharps, succeeding himself,
 seat 6, term expired, must represent the public at large or service provider,
 for a new three year term ending October 1, 2005;

 Paul Kangas, succeeding Victoria Hunt, term expired, seat 7, must represent
 the public at large or a service provider, for a new three year term ending
 October 1, 2005.

 Question: Shall
 this Resolution be ADOPTED?

 3.
 021398
 [Appointment]

 Resolution appointing Saif Ataya
 and Larisa Casillas, terms ending June 6, 2004, to the Immigrant Rights
 Commission.

 Saif Ataya, succeeding Neyde Azevedo,
 term expired, seat 2, must have a demonstrated knowledge of and interest
 in the health, human service, educational, or employment issues that affect
 immigrants residing in San Francisco, for a two year term ending June 6,
 2004;

 Larisa Casillas, succeeding Marcos Eusebio Gutierrez, term expired, seat
 5, must have a demonstrated knowledge of and interest in the health, human
 service, educational, or employment issues that affect immigrants residing
 in San Francisco, for a two year term ending June 6, 2004.

 Question: Shall
 this Resolution be ADOPTED?

 4.
 021629
 [Appointment]

 Resolution appointing Susan Stryker
 and Melissa Szeto, terms to be determined, to the San Francisco Museum and
 Historical Society Advisory Committee.

 Susan Stryker, new position, seat
 1, must be a member of the public from historical organizations including,
 but not limited to, organizations focused on the history of ethnic or racial
 minorities, sexual orientations, gender or any of the various other cultural
 communities with San Francisco, for a one-year term ending date to be determined
 pursuant to Ordinance No. 92-02;

 Melissa Szeto, new position, seat 2, must be a member of the public from
 historical organizations including, but not limited to, organizations focused
 on the history of ethnic or racial minorities, sexual orientations, gender
 or any of the various other cultural communities with San Francisco, for
 a one-year term ending date to be determined pursuant to Ordinance No. 92-02.

 Question: Shall
 this Resolution be ADOPTED?

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

 REGULAR
 AGENDA

 UNFINISHED
 BUSINESS

 From Department of Public Works

 (Only one of the
 following two motions should be adopted.)

 5.
 021636
 [Appeal, Minor Sidewalk Encroachment-1901
 Hyde Street]

 Motion disapproving the decision
 of the Department of Public Works’ denial of an Encroachment Permit for
 1901 Hyde Street and granting an Encroachment Permit. (Clerk of the Board)

 10/15/2002, MOTION Continued to October 28, 2002.

 Question: Shall
 this Motion be ADOPTED?

 6.
 021637
 [Appeal, Minor Sidewalk Encroachment-1901
 Hyde Street]

 Motion affirming the Department of
 Public Works’ denial of an Encroachment Permit for 1901 Hyde Street and
 denying an Encroachment Permit. (Clerk of the Board)

 10/15/2002, MOTION Continued to October 28, 2002.

 Question: Shall
 this Motion be ADOPTED?

 Recommendations of the Finance
 Committee

 Present:
 Supervisors Peskin, Daly, Maxwell

 7.
 021458
 [Amend Police Code Section 1070.16]

 Supervisors Leno, Daly

 Ordinance amending San Francisco
 Police Code Section 1070.16 to allow adults over the age of 18 into after
 hours premises.

 10/15/2002, CONTINUED. Continued to October 28,
 2002.

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 Present:
 Supervisors Peskin, Daly

 8.
 021236
 [Amending Section 110 of the San
 Francisco Building Code To Increase Fees For Services]

 Ordinance amending Section 110 of
 the San Francisco Building Code to increase fees for Department of Building
 Inspection services. (Building Inspection Department)

 10/21/2002, PASSED ON FIRST READING.

 Question: Shall
 this Ordinance be FINALLY PASSED?

 Recommendation of the Public
 Works and Public Protection Committee

 Present:
 Supervisors Sandoval, Daly

 9.
 020493
 [Front Yard Paving]
 Supervisors Sandoval, Daly, Gonzalez

 Ordinance amending Sections 132 and
 136 of the Planning Code to require that twenty percent of required setback
 areas remain unpaved and devoted to plant material, and to prohibit parking
 from obstructing required setbacks, and making findings of consistency with
 the priority policies of the Planning Code Section 101.1 and the General
 Plan.

 (Planning Commission Resolution #16450
 adopted 6/27/02 recommending approval; Certificate of Exemption/Exclusion
 from Environmental Review dated 6/19/02)

 10/21/2002, PASSED ON FIRST READING. Supervisor
 Gonzalez 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

 10.
 021098
 [Requiring Minimum Square Footage
 for Off-site Units and Clarifying Unit Requirements in Inclusionary Affordable
 Housing Program]
 Supervisors McGoldrick, Leno,
 Gonzalez, Daly

 Ordinance amending Planning Code
 Section 315.5 to provide that off-site units produced to meet the City’s
 Inclusionary Affordable Housing Program shall be of a similar square footage
 to the units produced in the principle project; amending Sections 315.4
 and 315.5 to change the method of calculating the requirement for number
 of units produced under the Inclusionary Affordable Housing Program to more
 closely reflect the percentages stated in the text of the Ordinance.

 10/21/2002, AMENDED. Supervisor Daly moved to
 amend on page 6, line 12, by deleting "so that the following number of units
 affordable to qualifying householders shall be required."

 10/21/2002, PASSED ON FIRST READING AS AMENDED.
 Supervisors Gonzalez and Daly requested to be added as co-sponsors.

 Question: Shall
 this Ordinance be FINALLY PASSED?

 NEW BUSINESS

 Recommendations of the Health
 and Human Services Committee

 Present:
 Supervisors Daly, Leno, Maxwell

 11.
 011498
 [Identification and Use of Surplus
 City Property for Housing]
 Supervisor Daly

 Ordinance adding San Francisco Administrative
 Code Chapter 23A to identify and establish Board policy regarding surplus,
 unutilized and underutilized City real property for housing for the homeless.

 5/13/2002, SUBSTITUTED. Supervisor Daly submitted
 a draft substitute ordinance bearing new title.

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 12.
 021462
 [Amend Administrative Code Section
 12B.1 and Police Code Sections 3303 and 3310]
 Supervisors Leno, Daly, Maxwell

 Ordinance amending Articles 33, 33B
 and 38 of the Police Code by amending Sections 3303, 3803, and 3852 to prohibit
 employment discrimination against independent contractors; amending Sections
 3305, 3310, and 3805 to prohibit business-to-business discrimination; amending
 Section 3301, 3302, 3303, 3304 and 3305 to add creed and national origin
 to the protected categories; amending Sections 3301, 3302 and 3305.1 to
 add weight and height to the protected categories; amending Sections 3303,
 3305 and 3307 and adding Section 3305.2 to clarify provisions relating to
 discrimination for association and retaliation with persons in protected
 categories; amending Sections 3300B.1, 3300B.3 and 3300B.4 to add age, gender
 identity, place of birth, weight and height to the protected categories;
 and amending Sections 3302, 3304, 3305, 3305.1, 3306, 3307, 3811 and 3856
 for technical changes.

 Question: Shall
 this Ordinance be PASSED ON FIRST READING?

 Recommendations of the Rules
 and Audits Committee

 Present: Supervisors
 Hall, Gonzalez

 13.
 021720
 [Appointment]

 Resolution appointing Supervisors
 Chris Daly, Jake McGoldrick, and Gerardo Sandoval, terms ending June 30,
 2004, to the Association of Bay Area Governments Executive Board.

 Supervisor Chris Daly, succeeding
 himself, term expired, Seat No. 1, must be a member of the Board of Supervisor,
 for a new two-year term ending June 30, 2004;

 Supervisor Jake McGoldrick, succeeding himself, term expired, Seat No. 2,
 must be a member of the Board of Supervisor, for a new two-year term ending
 June 30, 2004;

 Supervisor Gerardo Sandoval, vacant seat, term expired, Seat No. 5, must
 be a member of the Board of Supervisor (Position alternates between the
 Board of Supervisors and the Mayor), for a new two-year term ending June
 30, 2004.

 Question: Shall
 this Resolution be ADOPTED?

 14.
 021721
 [Appointment]

 Resolution appointing Supervisor
 Jake McGoldrick, term ending November 28, 2003, to the California State
 Association of Counties Board of Directors.

 Supervisor Jake McGoldrick, succeeding
 Supervisor Leland Yee, term expired, Seat No. 1, must be a member of the
 Board of Supervisor, for a new one-year term ending November 28, 2003.

 Question: Shall
 this Resolution be ADOPTED?

 15.
 021722
 [Appointment]

 Resolution appointing Supervisor
 Gerardo Sandoval, term ending November 28, 2003, as an alternate member
 to the California State Association of Counties Board of Directors.

 Supervisor Gerardo Sandoval, succeeding
 Supervisor Jake McGoldrick, term expired, Seat No. 2, must be a member of
 the Board of Supervisor (alternate position), for a new one-year term ending
 November 28, 2003.

 Question: Shall
 this Resolution be ADOPTED?

 CALLED
 FROM COMMITTEE

 16.
 021454
 [UCSF Mission Bay Campus - Utility
 Crossings and an at grade pedestrian crossing]
 Supervisor Leno

 Resolution granting revocable permission
 to Regents of the University of California to occupy a portion of the public
 right-of-ways to construct, install and maintain utility crossings and joint
 trenches on future 4th and Owens Streets, and on future South Common Street,
 for providing various services to the new UCSF Mission Bay Campus; and to
 construct and maintain an at grade pedestrian crossing at a future mid-block
 signalized intersection on future 4th Street at future private 14th Street
 and making findings of consistency with the City General Plan and eight
 priority policies of the City Planning Code Section 101.1. (Public Works
 Department)

 9/23/2002, CONTINUED. Supervisor Yee requested
 that this item be continued to September 30, 2002.

 9/30/2002, RE-REFERRED to Public Works and Public
 Protection Committee. Supervisor Leno requested to be added as a co-sponsor.

 10/21/2002, CALLED FROM COMMITTEE. Supervisor
 Yee requested this matter be scheduled for the October 28, 2002 Board meeting.

 Question: Shall
 this Resolution be ADOPTED?

 SPECIAL
 ORDER 3:00 P.M.

 17.
 021582
 [Public Hearing - Appeal, Discretionary
 Review - 950 Corbett Avenue]

 Hearing of persons interested in
 or objecting to the Planning Director’s Discretionary Review recommendation
 dated September 18, 2002, Case No. 2002.0706DD, approving Demolition Permit
 Application No. 2002.0110.6628 to demolish the existing two story one family
 dwelling and request for Discretionary Review of Building Permit Application
 No. 2002. 0110.6632, to construct a new 5 story structure containing 3 dwelling
 units and 4 parking spaces, in an RM-1 (Residential Mixed, Low Density)
 District, and a 40-X Height and Bulk district, on property located at 950
 Corbett Avenue, west side between Hopkins Avenue and Market Street; Lot
 013, in Assessor’s Block 2799.

 (Appeal filed September 25, 2002;
 Board final action date: November 4, 2002; companion measure to Files 021583,
 021584; District 8.)

 Action:___________________________

 (Only one of the following motions should
 be adopted.)

 18.
 021583
 [Appeal, Discretionary Review
 - 950 Corbett Avenue]

 Motion approving decision of the
 Planning Director approving Discretionary Review Case No. 2002.0706DD, on
 property located at 950 Corbett Street, pursuant to Emergency Ordinance
 No. 186-02. (Clerk of the Board)

 Question: Shall
 this Motion be ADOPTED?

 19.
 021584
 [Appeal, Discretionary Review
 - 950 Corbett Avenue]

 Motion disapproving decision of the
 Planning Director approving Discretionary Review Case No. 2002.0706DD, on
 property located at 950 Corbett Street, pursuant to Emergency Ordinance
 No. 186-02. (Clerk of the Board)

 Question: Shall
 this Motion be ADOPTED?

 Pursuant to Government
 Code Section 65009, notice is hereby given: If you challenge the above matter
 in court, you may be limited to raising only those issues you or someone
 else raised at the public hearing described above, or in written correspondence
 delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place,
 Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

 SPECIAL
 ORDER 3:00 P.M.

 20.
 021676
 [Public Hearing - Appeal, Discretionary
 Review - 2750 Lake Street]

 Hearing of persons interested in
 or objecting to the Planning Director’s Discretionary Review recommendation
 dated September 27, 2002, Case No. 2002.0674D, approving Building Permit
 Application No. 2002.02.27.0160 proposing to construct habitable rooms over
 an existing one-story garage of a single-family residence in an RH-1(D)
 (Residential, House, One-Family Detached) District, and a 40-X Height and
 Bulk district, on property located at 2750 Lake Street, north side between
 28th and 29th Avenues; Lot 007, in Assessor’s Block 1330.

 (Appeal filed October 1, 2002; Board
 final action date: November 12, 2002; companion measure to Files 021677,
 021678; District 2.)

 Action:___________________________

 (Only one of the following motions should
 be adopted.)

 21.
 021677
 [Appeal, Discretionary Review
 - 2750 Lake Street]

 Motion approving decision of the
 Planning Director approving Discretionary Review Case No. 2002.0674D, on
 property located at 2750 Lake Street, pursuant to Emergency Ordinance No.
 186-02. (Clerk of the Board)

 Question: Shall
 this Motion be ADOPTED?

 22.
 021678
 [Appeal, Discretionary Review
 - 2750 Lake Street]

 Motion disapproving decision of the
 Planning Director approving Discretionary Review Case No. 2002.0674D, on
 property located at 2750 Lake Street, pursuant to Emergency Ordinance No.
 186-02. (Clerk of the Board)

 Question: Shall
 this Motion be ADOPTED?

 Pursuant to Government
 Code Section 65009, notice is hereby given: If you challenge the above matter
 in court, you may be limited to raising only those issues you or someone
 else raised at the public hearing described above, or in written correspondence
 delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place,
 Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

 SPECIAL
 ORDER 3:00 P.M.

 23.
 021680
 [Public Hearing - Appeal, Discretionary
 Review - 1168 Folsom Street]
 Supervisor Hall

 Hearing of persons interested in
 or objecting to the Planning Director’s Discretionary Review recommendation
 dated September 17, 2002, Case No. 2001.0661D, disapproving Building Permit
 Application No. 2002.02.2.9626S, proposing to construct a new building that
 would contain 20 dwelling units, two commercial units, and 20 parking spaces,
 where a warehouse structure currently stands; the site is within an SLR
 (Service/Light Industrial/Residential) District, and a 50-X Height and Bulk
 District; and an Industrial Protection Zone, on property located at 1168
 Folsom Street, north side between 8th and Rausch Street; Lot 123, in Assessor’s
 Block 3730.

 (Appeal filed October 2, 2002; Board
 final action date: November 12, 2002; companion measure to Files 021681,
 021682; District 6.)

 Action:___________________________

 (Only one of the following motions should
 be adopted.)

 24.
 021681
 [Appeal, Discretionary Review
 - 1168 Folsom Street]

 Motion approving decision of the
 Planning Director disapproving Discretionary Review Case No. 2001.0661D,
 on property located at 1168 Folsom Street, pursuant to Emergency Ordinance
 No. 186-02. (Clerk of the Board)

 Question: Shall
 this Motion be ADOPTED?

 25.
 021682
 [Appeal, Discretionary Review
 - 1168 Folsom Street]

 Motion disapproving decision of the
 Planning Director disapproving Discretionary Review Case No. 2001.0661D,
 on property located at 1168 Folsom Street, pursuant to Emergency Ordinance
 No. 186-02. (Clerk of the Board)

 Question: Shall
 this Motion be ADOPTED?

 Pursuant to Government
 Code Section 65009, notice is hereby given: If you challenge the above matter
 in court, you may be limited to raising only those issues you or someone
 else raised at the public hearing described above, or in written correspondence
 delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place,
 Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

 26.
 ROLL CALL
 FOR INTRODUCTIONS

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

 27.
 PUBLIC
 COMMENT

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

 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.

 28.
 021787
 [Legislative Analyst Request]

 Supervisor Sandoval

 Motion asking the Legislative Analyst
 to survey other major cities to find out if they require flower-vending
 stands or other similar cash based businesses to keep track of all sales
 and what equipment or system is used.

 Question: Shall
 this Motion be ADOPTED?

 CLOSED
 SESSION

 CONFERENCE
 WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff or Defendant

 29.
 021747
 [Anticipated Litigation - Construction-Related
 Disputes]

 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
 regarding potential construction-related disputes.

 This closed session would be permitted by Government Code Section 54956.9(b)
 (1)and 54956.9(c), and San Francisco Administrative Code Section 67.10(d)
 (2). (City Attorney)

 10/21/02 - Continued to October 28,
 2002.

 Action: _____________________________________________

 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 30 through
 40

 30.
 021777
 [Urge Disguise Inc. Responsibility
 for Removal of Kung Fool Costumes]
 Supervisor Yee

 Resolution urging Disguise Inc. to
 take full responsibility for the removal of Kung Fool costumes in retail
 stores and to provide full refunds for costumes already purchased.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 31.
 021778
 [Authorize SF Recreation and Park
 to Accept and Expend $125,925 for 15 TH!NK Electric Vehicles]
 Supervisor Peskin

 Resolution authorizing the San Francisco
 Recreation and Park Department to accept and expend a gift valued at $125,925
 from the National Park Foundation for 15 TH!NK neighbor zero emissions electric
 vehicles.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 32.
 021779
 [Dr. Ernie Bodai Day]
 Supervisor Hall

 Resolution proclaiming October 25,
 2002 as "Dr. Ernie Bodai Day" in the City and County of San Francisco in
 honor of Dr. Bodai’s achievements in the fight against breast cancer.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 33.
 021780
 [Commend Calvin Gipson]
 Supervisor Leno

 Resolution commending Calvin Gipson
 for his years of service at the San Francisco LGBT Pride Celebration Committee.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 34.
 021781
 [Commend Renel Brooks-Moon]
 Supervisor Maxwell

 Resolution commending Renel Brooks-Moon
 for her outstanding commitment as a role model for young women and her dedication
 to the community.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 35.
 021782
 [Commend SF Food Bank]
 Supervisor Maxwell

 Resolution acknowledging the San
 Francisco Food Bank and the network of neighborhood-based pantries for their
 exemplary public services and their commitment to ensuring that no child,
 adult or senior citizen experiences the unwanted and debilitating effects
 of hunger on the edge of the nation’s agricultural heartland.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 36.
 021783
 [Commend University of California
 San Francisco]
 Supervisor Sandoval

 Resolution commending the University
 of California San Francisco (UCSF) for working with the American Federation
 of State, County, and Municipal Employees (AFSCME)to resolve labor issues
 surrounding the future Mission Bay Campus.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 37.
 021784
 [Commend Excelsior Action Group]

 Supervisor Sandoval

 Resolution commending the Excelsior
 Action Group for their work improving the Mission Street business corridor
 in the Excelsior district and for organizing the Excelsior District’s First
 Annual Safe R’ Treat Halloween event.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Resolution be ADOPTED?

 38.
 021758
 [Final Map for a 212 Unit Residential
 Condominium Project]

 Motion approving Final Map of 140
 South Van Ness Avenue, A Residential Condominium Project, being a subdivision
 of Lot 47 in Assessor’s Block No. 3514, and adopting findings pursuant to
 City Planning Code Section 101.1.

 (No Public Benefit Recipient; DPW
 Order No. 173,730; District 6.)

 10/18/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Motion be ADOPTED?

 39.
 021769
 [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.

 10/21/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE
 REFERENCE AGENDA AT THE NEXT BOARD MEETING.

 Question: Shall
 this Motion be ADOPTED?

 40.
 021790
 [Urge Mayor to Administer Oath
 to Jon Ballesteros, Planning Commission]
 Supervisors Leno, Ammiano, Gonzalez,
 Maxwell, McGoldrick, Peskin, Sandoval, Daly

 Motion respectfully urging Mayor
 Willie L. Brown Jr. to administer the oath of office to his three Board-approved
 nominees to the Planning Commission and to resubmit for approval the nomination
 of John Ballesteros to serve on the Planning Commission.

 10/21/2002, 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:_________________________________________

 41.
 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 October 17 through noon on October 23, 2002, for
 reference by President to appropriate committee on October 28, 2002.

 021754
 [Re-appropriating funding for
 three positions to operate and maintain audio, video and security systems]

 Ordinance re-appropriating $127,577
 of existing funding for three positions to operate and maintain audio, video,
 and security systems by the Administrative Services - Convention Facilities
 Management for Fiscal Year 2002-2003, and Amending Annual Salary Ordinance
 for Fiscal Year 2002-03. (Controller)

 (No Public Benefit Recipient; companion
 measure to File 021793.)

 10/22/2002, RECEIVED AND ASSIGNED to Finance
 Committee.

 021792
 [Street Artist Certificate Fee
 Increase]

 Ordinance amending Article 24 of
 the San Francisco Police Code by amending Section 2401.1 to increase the
 fee for a Street Artist Certificate. (Arts Commission)

 (No Public Benefit Recipient.)

 10/22/2002, RECEIVED AND ASSIGNED to Finance
 Committee.

 021793
 [Public Employment]

 Ordinance amending Ordinance No.
 175-02 (Annual Salary Ordinance 2002/03) setting rates in the 2002-003 Compensation
 Plan for two new classifications, establishing a budget for three positions,
 and deleting three positions in Convention Facilities for fiscal year 2002-03.
 (Human Resources Department)

 (No Public Benefit Recipient.)

 10/22/2002, RECEIVED AND ASSIGNED to Finance
 Committee.

 021804
 [Garbage Collection Truck Licensing
 Fee]

 Ordinance increasing the licensing
 fee for garbage trucks and the amount deposited into the Mandatory Refuse
 Collection Service Fund by amending Section 249.6 of the San Francisco Business
 and Tax Regulations Code and Section 10.100-7 of the San Francisco Administrative
 Code and ratifying past actions taken in connection with such licensing
 fee. (Public Health Department)

 (No Public Benefit Recipient.)

 10/21/2002, ASSIGNED UNDER 30 DAY RULE to Finance
 Committee, expires on 11/20/2002.

 PROPOSED RESOLUTIONS

 Proposed
 resolutions received from October 17 through noon on October 23, 2002, for
 reference by President to appropriate committee on October 28, 2002.

 021805
 [Accept-Expend DOC Beverage Container
 Recycling Payment]

 Resolution authorizing the Department
 of Environment to accept and expend a grant in the amount of $450,330 from
 the Department of Conservation (DOC) for Fiscal Years 2001/2002 and 2002/2003
 and continue to accept similar annually recurring payments. (Environment)

 (No Public Benefit Recipient.)

 10/17/2002, RECEIVED AND ASSIGNED to Health and
 Human Services Committee.

 021807
 [Petitions and Communications]

 Petitions and Communications received
 from October 17, 2002 through noon on October 23, 2002 for reference by
 the President to Committee considering related matters or to be ordered
 filed by the Clerk on October 28, 2002.

 From various signators, submitting Form 700 Statement of Economic Interests:
 (1)

 Gary Hunt

 Jesse Martinez

 From Medical Examiner Office, submitting request to Human Rights Commission
 for waiver of the provisions of Administrative Code Chapters 12B and 12C
 for Merry X-Ray Chemical.(2)

 From Clerk of the Board, submitting quarterly report on items that exceed
 the total appropriation for fiscal year 2002-03.(3)

 From Department of Parking and Traffic, regarding traffic and safety improvements
 for the following intersections: Lombard and Broderick Streets, Octavia
 and Francisco Streets and Octavia and Gough Streets.(Reference No. 20020917-001)
 Copy: Supervisor Newsom(4)

 From Morrison & Forester, LLP, submitting request for continuance of hearing
 for property located at 1668 Folsom Street. File 021680(5)

 From Public Library, regarding agreement of purchase and sale of property
 located at 190 9th Street for use as its Support Services Center. Copy:
 Each Supervisor(6)

 From Real Estate Division, regarding what City departments are spending
 on required public noticing costs for newspaper advertising. (Reference
 No. 20020930-066) Copy: Supervisor McGoldrick(7)

 From Residential Rent Stabilization and Arbitration Board, regarding what
 City departments are spending on required public noticing costs for newspaper
 advertising. (Reference No. 20020930-056) Copy: Supervisor McGoldrick(8)

 From Office of the Legislative Analyst, submitting an analysis of how other
 jurisdictions determine and implement their Public Works Call Center. File
 No. 021047, Copy: Each Supervisor(9)

 From Office of the Airport, regarding current Airport screeners that must
 apply for the new security screener positions. Copy: Each Supervisor(10)

 From Department of Building Inspection, submitting twelve cellular antenna
 permit applications filed for the following addresses: 848 Battery Street,
 295-299 Bay Street, 530 Bush Street, 5 Embarcadero Center, 2675 Geary Boulevard,
 985 Geneva Avenue, 99 Green Street, 2-98 Henry Adams Street, 1701 Jerrold
 Avenue, 597-599 Monterey Boulevard, 451-465 Montgomery Street, 101 Spear
 Street. (Reference No. 20000403-002) Copy: Supervisor Yee(11)

 From Office of the Sheriff, submitting quarterly report on items that exceed
 the total appropriation for fiscal year 2002-03Copy: Each Supervisor(12)

 From Board of Appeals, regarding what City departments are spending on required
 public noticing costs for newspaper advertising. (Reference No. 20020930-031)
 Copy: Supervisor McGoldrick(13)

 From Health Commission, submitting copy of Resolution No. 11-02, regarding
 the use of smokeless tobacco settlement funds approved by the Health Commission
 on October 1, 2002. Copy: Each Supervisor(14)

 From Health Commission, submitting copy of Resolution No. 12-02, regarding
 licensing fee for garbage trucks and the amount deposited into the mandatory
 refuse collection service fund, approved by the Health Commission on October
 15, 2002.Copy: Each Supervisor(15)

 From Department of Human Services, regarding what City departments are spending
 on required public noticing costs for newspaper advertising. (Reference
 No. 20020930-044) Copy: Supervisor McGoldrick(16)

 From SF Children and Families Commission, submitting sole source survey
 for fiscal year 2001-02.(17)

 From SF Children and Families Commission, submitting annual report for fiscal
 year 2001-02.(18)

 From San Mateo County Transit District, regarding Caltrain right-of-way
 issues. (Reference No. 20020826-003) Copy: Supervisor Maxwell(19)

 From European/American Issues Forum, submitting press release regarding
 Zebra Victims Memorial Services on October 25th at City Hall.(20)

 From Youth Commission, submitting resolution urging the Board of Supervisors
 to urge the S.F. School District to assess what occurred on October 11,
 2002 at Thurgood Marshall Academic High School, and make a plan of action,
 with the input of students, teachers, parents and facility of Thurgood Marshall
 Academic High School to prevent such an incident from ever happening again.
 Copy: Each Supervisor(21)

 From MUNI, regarding what City departments are spending on required public
 noticing costs for newspaper advertising. (Reference No. 20020930-030) Copy:
 Supervisor McGoldrick(22)

 From S.F. Association of Realtors, submitting opposition to proposal that
 increases the fee for Reports of Residential Record (issued by the Department
 of Building Inspection) until such time as the reports can be made accurate.
 Copy: Each Supervisor(23)

 From Steven Keller, urging immediate installation of upright flashing yellow
 lights on Phelan Avenue adjacent to the City College Campus.(24)

 From concerned citizens, requesting the Board of Supervisors hold new hearings
 on animal testing at UCSF and do everything in the Board’s power to compel
 ECSF to end Stephen Lisberger’s cruel and outdated experiments.10 letters(25)

 From concerned citizens, regarding appointments to the Planning Commission.

 5 letters(26)

 From James Oakes, submitting opposition to the use of fluoride in San Francisco’s
 water system.(27)

 From Matt Karnes, commenting on the unpleasant state of affairs in the Mission
 District in the vicinity of 16th Street between Mission and Dolores Streets.(28)

 From Excelsior District Action Committee, commenting on Thurgood Marshall
 High School and the Superintendent of San Francisco Unified School District.(29)

 From Marvin Lambert, regarding an off-leash pit bull attack on a Seeing
 Eye dog and owner at Sutter and Cottage Row in San Francisco. Copy: Each
 Supervisor(30)

 From Jackie Wright, commenting on the resignation of Juliet Montevirgen
 as principal of Thurgood Marshall Academic High School.(31)

 From Clarence Patton, regarding the brutal slaying of Gwen Araujo, a 17
 year- old transgender women.(32)

 NOMINATION BY THE MAYOR

 Planning Commission

 Bill Lee

 APPOINTMENTS BY THE MAYOR

 Airport Commission

 Caryl Ito

 Larry Mazzola

 Human Rights Commission

 Malcolm Heinicke

 Wilfred Hsu

 Larry Lee

 Theresa Sparks

 Health Commission

 Michael Lawrence Penn

 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 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.

 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.

 All meetings are real-time captioned and are cablecast open-captioned on
 SF Cable 26.

 The following services are available when requests are made by 4:00 p.m.
 of the Friday before the Board meeting. Providing 48 hours’ notice will
 help to ensure availability.

 For American Sign Language interpreters, use of a reader during a meeting,
 or sound enhancement system, contact Ohn Myint at (415) 554-7704.The Clerk
 of the Board’s Office TTY number is (415) 554-5227.

 For a large print copy of agenda or minutes in alternative formats, contact
 Annette Lonich at (415) 554-7706.

 In order to accommodate persons with severe allergies, environmental illness,
 multiple chemical sensitivity or related disabilities, attendees at public
 meetings are reminded that other attendees may be sensitive to various chemical
 based products.

 Know Your Rights
 Under the Sunshine Ordinance

 Government’s duty is to
 serve the public, reaching its decision in full view of the public. Commissions,
 boards, councils and other agencies of the City and County exist to conduct
 the people’s business. This ordinance assures that deliberations are conducted
 before the people and that City operations are open to the people’s review.

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

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