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Board of Supervisors Minutes: October 28, 2002

This is a page-by-page text extraction provided for search and accessibility. Extraction errors may be present. The linked official HTML is the authoritative public record.

PARSED FROM THE OFFICIAL MINUTES

Structured legislative records

61 files
Settlement of Lawsuit

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Appointment

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Appointment

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Appointment

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adoptionLIKELY FINAL

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 within 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 within San Francisco, for a one-year term ending date to be determined pursuant to Ordinance No. 92-02. Enacted Number: 744-02 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: None

Absent: Peskin

Appeal, Minor Sidewalk Encroachment-1901 Hyde Street

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amendment

t] 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) Amended on page 1, line 5 by inserting "subject to certain conditions" (New Title) and further amended on page 1, line 13 after "granted" by adding ", subject to the following conditions: 1.The encroachment permit is granted only for the proposed trash can enclosure on Green Street, and not for the proposed menu board for the restaurant. 2.The encroachment permit is non-transferable, and is for the benefit of the applicant only. Upon transfer of the space to any other business operator, this permit automatically terminates. 3.The construction of the trash can storage enclosure on Green Street shall be built and maintained consistent with the proposed design submitted by the applicant to the Board of Supervisors on October 28, 2002, a copy of which is included in the Board’s File No. 021636, and a copy of which shall be delivered to the Department of Public Works." Supervisor Sandoval, seconded by Supervisor Newsom, moved that this Motion be AMENDED. The motion carried by the following vote:

Ayes: Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: Daly

Absent: Peskin

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Motion disapproving the decision of the Department of Public Works’ denial of an Encroachment Permit for 1901 Hyde Street and granting an Encroachment Permit, subject to certain conditions. (Clerk of the Board) APPROVED AS AMENDED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: None

Absent: Peskin

Appeal, Minor Sidewalk Encroachment-1901 Hyde Street

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tabling

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) Supervisor Leno, seconded by Supervisor Newsom, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: None

Absent: Peskin

Amend Police Code Section 1070.16

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SponsorsLeno, Daly, Gonzalez

first-reading

021458 [Amend Police Code Section 1070.16] Supervisors Leno, Daly, Gonzalez Ordinance amending San Francisco Police Code Section 1070.16 to allow adults over the age of 18 into after hours premises. NOTE: This action requires two-thirds vote.The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days of the date of the veto.The Mayor vetoed the Ordinance on November 15, 2002.Therefore, the Board will loose the ability to override the veto unless it votes on the veto override on or before December 15, 2002. (November 15, 2002 - Returned disapproved by Mayor; November 18, 2002 - Consideration scheduled for November 25, 2002.) PASSED ON FIRST READING by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Leno, McGoldrick, Newsom, Sandoval

Noes: Hall, Maxwell, Yee

Absent: Peskin

Amending Section 110 of the San Francisco Building Code To Increase Fees For Services

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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) Enacted Number: 221-02 FINALLY PASSED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: None

Absent: Peskin

Front Yard Paving

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SponsorsSandoval, Daly, Gonzalez

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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) Enacted Number: 219-02 FINALLY PASSED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: None

Absent: Peskin

Requiring Minimum Square Footage for Off-site Units and Clarifying Unit Requirements in Inclusionary Affordable Housing Program

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SponsorsMcGoldrick, Leno, Gonzalez, Daly

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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. Enacted Number: 220-02 FINALLY PASSED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: None

Absent: Peskin

Identification and Use of Surplus City Property for Housing

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SponsorsDaly, Gonzalez

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011498 [Identification and Use of Surplus City Property for Housing] Supervisors Daly, Gonzalez 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. PASSED ON FIRST READING by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Leno, Maxwell, Newsom, Sandoval

Noes: Hall, Yee

Absent: McGoldrick, Peskin

Prohibiting employment discrimination and business-to-business discrimination and making miscellaneous amendments to clarify existing discrimination provisions

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SponsorsLeno, Daly, Maxwell, Gonzalez

first-reading

021462 [Prohibiting employment discrimination and business-to-business discrimination and making miscellaneous amendments to clarify existing discrimination provisions] Supervisors Leno, Daly, Maxwell, Gonzalez 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. PASSED ON FIRST READING by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

Appointment

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other

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 Supervisors, 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 Supervisors, 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 Supervisors (Position alternates between the Board of Supervisors and the Mayor), for a new two-year term ending June 30, 2004. Appointments of Supervisors Daly and McGoldrick divided from File No. 021720. See File Nos. 021848 and 021847. DIVIDED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

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Resolution appointing Supervisor Gerardo Sandoval, term ending June 30, 2004, to the Association of Bay Area Governments Executive Board. Supervisor Gerardo Sandoval, vacant seat, term expired, Seat No. 5, must be a member of the Board of Supervisors (Position alternates between the Board of Supervisors and the Mayor), for a new two-year term ending June 30, 2004. ADOPTED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

Appointment

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021847 [Appointment] Resolution appointing Supervisor Chris Daly, term 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 Supervisors, for a new two-year term ending June 30, 2004. Divided from File No. 021720. Enacted Number: 756-02 ADOPTED by the following vote:

Ayes: Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

Excused: Daly

Appointment

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021848 [Appointment] Resolution appointing Supervisor Jake McGoldrick, term ending June 30, 2004, to the Association of Bay Area Governments Executive Board. Supervisor Jake McGoldrick, succeeding himself, term expired, Seat No. 2, must be a member of the Board of Supervisors, for a new two-year term ending June 30, 2004. Divided from File No. 021720. Enacted Number: 757-02 ADOPTED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

Excused: McGoldrick

Appointment

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adoptionLIKELY FINAL

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 Supervisors, for a new one-year term ending November 28, 2003. Enacted Number: 746-02 ADOPTED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

Excused: McGoldrick

Appointment

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adoptionLIKELY FINAL

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 Supervisors (alternate position), for a new one-year term ending November 28, 2003. Enacted Number: 747-02 ADOPTED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

UCSF Mission Bay Campus - Utility Crossings and an at grade pedestrian crossing

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SponsorsLeno

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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) Enacted Number: 743-02 ADOPTED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick

Noes: None

Absent: Newsom, Peskin, Sandoval, Yee

Public Hearing - Appeal, Discretionary Review - 950 Corbett Avenue

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Appeal, Discretionary Review -950 Corbett Avenue

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approvalLIKELY FINAL

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) Supervisor Newsom noted absent at 3:13 p.m. Enacted Number: M02-184 Supervisor Leno, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Sandoval, Yee

Noes: None

Absent: Newsom, Peskin

Appeal, Discretionary Review -950 Corbett Avenue

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tabling

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) Supervisor Leno, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Sandoval, Yee

Noes: None

Absent: Newsom, Peskin

Public Hearing -Appeal, Discretionary Review - 2750 Lake Street

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Appeal, Discretionary Review -2750 Lake Street

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approvalLIKELY FINAL

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) Supervisor Newsom noted present at 4:13 p.m. Enacted Number: M02-181 Supervisor Maxwell, seconded by Supervisor Leno, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Hall, Leno, Maxwell, McGoldrick, Newsom, Yee

Noes: Gonzalez, Sandoval

Absent: Peskin

Appeal, Discretionary Review -2750 Lake Street

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tabling

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) Supervisor Maxwell, seconded by Supervisor Leno, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee

Noes: None

Absent: Peskin

Public Hearing - Appeal, Discretionary Review - 1168 Folsom Street

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Appeal, Discretionary Review - 1168 Folsom Street

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tabling

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) Supervisor Sandoval noted absent at 4:41 p.m. Supervisor Newsom noted absent at 5:20 p.m. Supervisor Maxwell, seconded by Supervisor McGoldrick, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Yee

Noes: None

Absent: Newsom, Peskin, Sandoval

Appeal, Discretionary Review - 1168 Folsom Street

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amendment

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) Amend by adding a second affordable housing unit. Supervisor Daly, seconded by Supervisor Leno, moved that this Motion be AMENDED. The motion FAILED by the following vote:

Ayes: Daly, Leno

Noes: Ammiano, Gonzalez, Hall, Maxwell, McGoldrick, Yee

Absent: Newsom, Peskin, Sandoval

Legislative Analyst Request

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SponsorsSandoval

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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. APPROVED by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell

Noes: None

Absent: McGoldrick, Newsom, Peskin, Sandoval, Yee

Anticipated Litigation - Construction-Related Disputes

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continuance

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 Sections 54956.9(b) (1) and 54956.9(c), and San Francisco Administrative Code Section 67.10(d) (2). (City Attorney) Continued to November 4, 2002. Supervisor Daly, seconded by Supervisor Gonzalez, moved that this Litigation be CONTINUED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell

Noes: None

Absent: McGoldrick, Newsom, Peskin, Sandoval, Yee

Urge Disguise Inc. Responsibility for Removal of Kung Fool Costumes

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SponsorsYee, Hall, McGoldrick

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Authorize SF Recreation and Park to Accept and Expend $125,925 for 15 TH!NK Electric Vehicles

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SponsorsPeskin, Leno

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Dr. Ernie Bodai Day

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SponsorsHall

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Commend Calvin Gipson

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SponsorsLeno, Daly

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Commend Renel Brooks-Moon

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SponsorsMaxwell, Daly

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Commend SF Food Bank

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SponsorsMaxwell, Daly, Leno

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Commend University of California San Francisco

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SponsorsSandoval, Daly

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Commend Excelsior Action Group

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SponsorsSandoval, Hall

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Final Map for a 212 Unit Residential Condominium Project

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Needle Exchange Emergency

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SponsorsAmmiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick, Maxwell

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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. Enacted Number: M02-183 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell

Noes: None

Absent: McGoldrick, Newsom, Peskin, Sandoval, Yee

Urge Mayor to Administer Oath to Jon Ballesteros, Planning Commission

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SponsorsLeno, Ammiano, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval, Daly

tabling

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 Jon Ballesteros to serve on the Planning Commission. Supervisor Leno requested this item be severed and considered separately. Supervisor Leno, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell

Noes: None

Absent: McGoldrick, Newsom, Peskin, Sandoval, Yee

Compensation for Employees Called to Active Military Duty in Response to International Terrorism

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Recycled Paper

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SponsorsLeno, Maxwell, Ammiano

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Planning Code-- Dwelling Units

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SponsorsLeno, Daly

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Appropriate funding for an environmental review

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SponsorsLeno, Daly, Ammiano

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General Advertising Signs - Annual Fee and Registration

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SponsorsLeno, Peskin

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Repealing local assault weapons prohibition

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SponsorsGonzalez, Peskin

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Publication of Annual Reports -Amend Administrative Code Sections 1.56 and 8.16

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SponsorsDaly

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Prevailing rate of wage and displaced worker protection for workers employed in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by Supervisors Leno, Ammiano, Daly Ordinance adding Section 21.25-2 to the Administrative Code to require that workers employed in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City and County of San Francisco be paid the prevailing rate of wage and that such workers will have job protection with the successor contractor for a transition period after a lease, management agreement or other contractual arrangement is terminated. 8/26/02, ASSIGNED UNDER 30 DAY RULE to Finance Committee, expires on 9/25/2002. 9/13/02, REFERRED TO DEPARTMENT. Referred to Small Business Commission for comment and recommendation. 10/28/02, SUBSTITUTED. Supervisor Leno submitted a substitute ordinance bearing same title. 10/28/02, ASSIGNED to Finance Committee. 020913 [Amending the Appointment Process for the Child Care Planning and Advisory Council and Establishing Child Care Planning Advisory Council Account

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SponsorsLeno, Ammiano, Daly

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Enhance the safety of firefighters as required by the State Fire Marshal’s Office

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SponsorsSandoval

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Honor 2002 National League San Francisco Giants

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SponsorsAmmiano, Hall, Peskin

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Urge U.S. Immigration and Naturalization Service to reopen Israeli Yoav Shaul Case

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SponsorsLeno, Ammiano, Peskin

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Urge SFO to retain Experienced Airport Screeners

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SponsorsSandoval, Daly, Gonzalez

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Commend Dave Snyder

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SponsorsGonzalez, Leno, Maxwell, McGoldrick, Sandoval, Ammiano, Daly, Peskin, Yee, Newsom, Hall

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Use of Recreation and Park Facilities by Youth/Adult Teams and/or Leagues

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SponsorsHall

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Transgender Civil Rights Implementation Task Force

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SponsorsLeno

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Committee of the Whole 11/4/02 - 3:00 PM

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SponsorsLeno, Ammiano, Gonzalez, Maxwell, McGoldrick, Peskin

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Street Artist Certificate Fee Increase

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

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Public Employment

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Garbage Collection Truck Licensing Fee

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Accept-Expend DOC Beverage Container Recycling Grant

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Full Board Minutes City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Monday, October 28, 2002 2:00 PM Legislative Chamber - Second Floor Regular 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, Mark Leno, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval, Leland Y. Yee. Members Excused: None. Members Absent: None. 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 2:01 p.m.On call of the roll, the following Supervisors were noted absent: Supervisors Hall, Maxwell, Newsom - 3. Quorum present. Supervisor Maxwell was noted present at 2:02 p.m. Supervisors Newsom and Hall were noted present at 2:07 p.m. Supervisor Peskin was excused.(see infra) Supervisor Peskin Excused from Attendance Supervisor Leno, seconded by Supervisor Daly, moved to excuse Supervisor Peskin from attending today’s meeting. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin Privilege of the Floor Supervisor Sandoval, seconded by Supervisor Leno, 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. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Sandoval, Yee Absent: 3 - Hall, Newsom, Peskin Supervisor Sandoval introduced, welcomed and presented a Certificate of Honor to Elizabeth Sanchez. Supervisor Yee introduced, welcomed and presented a Certificate of Honor to Jessie Lorentz, Starting Center, of the US Women’s Gold Medal Goalball Team. COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Rules and Audits Committee 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.) PASSED, ON FIRST READING 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 a 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. Enacted Number: 741-02 ADOPTED 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. Enacted Number: 742-02 ADOPTED 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 within 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 within San Francisco, for a one-year term ending date to be determined pursuant to Ordinance No. 92-02. Enacted Number: 744-02 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin REGULAR AGENDA UNFINISHED BUSINESS From Department of Public Works 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) Amended on page 1, line 5 by inserting "subject to certain conditions" (New Title) and further amended on page 1, line 13 after "granted" by adding ", subject to the following conditions: 1.The encroachment permit is granted only for the proposed trash can enclosure on Green Street, and not for the proposed menu board for the restaurant. 2.The encroachment permit is non-transferable, and is for the benefit of the applicant only. Upon transfer of the space to any other business operator, this permit automatically terminates. 3.The construction of the trash can storage enclosure on Green Street shall be built and maintained consistent with the proposed design submitted by the applicant to the Board of Supervisors on October 28, 2002, a copy of which is included in the Board’s File No. 021636, and a copy of which shall be delivered to the Department of Public Works." Supervisor Sandoval, seconded by Supervisor Newsom, moved that this Motion be AMENDED. The motion carried by the following vote: Ayes: 9 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Noes: 1 - Daly Absent: 1 - Peskin Motion disapproving the decision of the Department of Public Works’ denial of an Encroachment Permit for 1901 Hyde Street and granting an Encroachment Permit, subject to certain conditions. (Clerk of the Board) APPROVED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin 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) Supervisor Leno, seconded by Supervisor Newsom, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin Recommendations of the Finance Committee 021458 [Amend Police Code Section 1070.16] Supervisors Leno, Daly, Gonzalez Ordinance amending San Francisco Police Code Section 1070.16 to allow adults over the age of 18 into after hours premises. NOTE: This action requires two-thirds vote.The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days of the date of the veto.The Mayor vetoed the Ordinance on November 15, 2002.Therefore, the Board will loose the ability to override the veto unless it votes on the veto override on or before December 15, 2002. (November 15, 2002 - Returned disapproved by Mayor; November 18, 2002 - Consideration scheduled for November 25, 2002.) PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Leno, McGoldrick, Newsom, Sandoval Noes: 3 - Hall, Maxwell, Yee Absent: 1 - Peskin 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) Enacted Number: 221-02 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin Recommendation of the Public Works and Public Protection Committee 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) Enacted Number: 219-02 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin Recommendation of the Transportation and Commerce Committee 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. Enacted Number: 220-02 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin NEW BUSINESS Recommendations of the Health and Human Services Committee 011498 [Identification and Use of Surplus City Property for Housing] Supervisors Daly, Gonzalez 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. PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Leno, Maxwell, Newsom, Sandoval Noes: 2 - Hall, Yee Absent: 2 - McGoldrick, Peskin 021462 [Prohibiting employment discrimination and business-to-business discrimination and making miscellaneous amendments to clarify existing discrimination provisions] Supervisors Leno, Daly, Maxwell, Gonzalez 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. PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee Recommendations of the Rules and Audits Committee 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 Supervisors, 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 Supervisors, 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 Supervisors (Position alternates between the Board of Supervisors and the Mayor), for a new two-year term ending June 30, 2004. Appointments of Supervisors Daly and McGoldrick divided from File No. 021720. See File Nos. 021848 and 021847. DIVIDED by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee Resolution appointing Supervisor Gerardo Sandoval, term ending June 30, 2004, to the Association of Bay Area Governments Executive Board. Supervisor Gerardo Sandoval, vacant seat, term expired, Seat No. 5, must be a member of the Board of Supervisors (Position alternates between the Board of Supervisors and the Mayor), for a new two-year term ending June 30, 2004. ADOPTED by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee Supervisor Daly Excused From Voting Supervisor Leno, seconded by Supervisor McGoldrick, moved to excuse Supervisor Daly from voting on File No. 021847. The motion carried by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee 021847 [Appointment] Resolution appointing Supervisor Chris Daly, term 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 Supervisors, for a new two-year term ending June 30, 2004. Divided from File No. 021720. Enacted Number: 756-02 ADOPTED by the following vote: Ayes: 6 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee Excused: 1 - Daly Supervisor McGoldrick Excused From Voting Supervisor Leno, seconded by Supervisor Maxwell, moved to excuse Supervisor McGoldrick from voting on File Nos. 021848 and 021721. The motion carried by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee 021848 [Appointment] Resolution appointing Supervisor Jake McGoldrick, term ending June 30, 2004, to the Association of Bay Area Governments Executive Board. Supervisor Jake McGoldrick, succeeding himself, term expired, Seat No. 2, must be a member of the Board of Supervisors, for a new two-year term ending June 30, 2004. Divided from File No. 021720. Enacted Number: 757-02 ADOPTED by the following vote: Ayes: 6 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell Absent: 4 - Newsom, Peskin, Sandoval, Yee Excused: 1 - McGoldrick 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 Supervisors, for a new one-year term ending November 28, 2003. Enacted Number: 746-02 ADOPTED by the following vote: Ayes: 6 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell Absent: 4 - Newsom, Peskin, Sandoval, Yee Excused: 1 - McGoldrick 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 Supervisors (alternate position), for a new one-year term ending November 28, 2003. Enacted Number: 747-02 ADOPTED by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee CALLED FROM COMMITTEE 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) Enacted Number: 743-02 ADOPTED by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick Absent: 4 - Newsom, Peskin, Sandoval, Yee SPECIAL ORDER 3:00 P.M. 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.) Appellants:Jeffery and Mary Beth Murray, owners of 956 Corbett Avenue Gerald G. Green, Director of Planning, reviewed the Discretionary Review Recommendation. Project Sponsor Representative: Warner Schmalz, Architect Dick Poley; support the project sponsor Wayne Barry; support the project sponsor A rebuttal period was allowed. President then declared the public hearing closed. (Only one of the following two motions should be adopted.) 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) Supervisor Newsom noted absent at 3:13 p.m. Enacted Number: M02-184 Supervisor Leno, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Sandoval, Yee Absent: 2 - Newsom, Peskin 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) Supervisor Leno, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Sandoval, Yee Absent: 2 - Newsom, Peskin 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. 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.) Appellant: Michael Ma Gerald G. Green, Director Planning, reviewed the Discretionary Review Recommendation. Project Sponsor:Robert Reynolds, owner of 2750 Lake Street A rebuttal period was allowed. President then declared the public hearing closed. (Only one of the following two motions should be adopted.) 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) Supervisor Newsom noted present at 4:13 p.m. Enacted Number: M02-181 Supervisor Maxwell, seconded by Supervisor Leno, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Leno, Maxwell, McGoldrick, Newsom, Yee Noes: 2 - Gonzalez, Sandoval Absent: 1 - Peskin 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) Supervisor Maxwell, seconded by Supervisor Leno, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Absent: 1 - Peskin 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. 021680 [Public Hearing - Appeal, Discretionary Review - 1168 Folsom Street] 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.) Gerald G. Green, Director of Planning, reviewed the Discretionary Review Recommendation. Project Sponsor:Steven L. Vettel, Attorney for the project sponsor Ron Miguel, Action Housing Coalition; support project sponsor Andrew Bozeman, support Planning Director’s recommendation Mrs. Fung, owner of the property Andrew Kaliharo, support project sponsor George Hauser, support project sponsor Francisco DeCosta A rebuttal period was allowed. President then declared the public hearing closed. (Only one of the following two motions should be adopted.) 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) Supervisor Sandoval noted absent at 4:41 p.m. Supervisor Newsom noted absent at 5:20 p.m. Supervisor Maxwell, seconded by Supervisor McGoldrick, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Yee Absent: 3 - Newsom, Peskin, Sandoval 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) Amend by adding a second affordable housing unit. Supervisor Daly, seconded by Supervisor Leno, moved that this Motion be AMENDED. The motion FAILED by the following vote: Ayes: 2 - Daly, Leno Noes: 6 - Ammiano, Gonzalez, Hall, Maxwell, McGoldrick, Yee Absent: 3 - Newsom, Peskin, Sandoval NOT APPROVED by the following vote: Ayes: 2 - Daly, Leno Noes: 6 - Ammiano, Gonzalez, Hall, Maxwell, McGoldrick, Yee Absent: 3 - Newsom, Peskin, Sandoval 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. ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Abdalla Megahed; homelessness and war issues Vernon Jenkins; encourage people to vote Kathleen Courtney; discretionary review appeal process Male speaker; bicycle thefts and homelessness Andrew Bozeman; Bayview Hunters Point issues Male Speaker; general issues Henry Kim; Executive Director, Taxi Association Jackie Sax; taxi cab issues and paramedic and ambulance issues James Chaffee; issues relating to members of the public commenting at Board meetings Francisco DeCosta; planning issues and cross-town tunnel Female Speaker; Cliff House Museum 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. 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. APPROVED by the following vote: Ayes: 6 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell Absent: 5 - McGoldrick, Newsom, Peskin, Sandoval, Yee CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff or Defendant 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 Sections 54956.9(b) (1) and 54956.9(c), and San Francisco Administrative Code Section 67.10(d) (2). (City Attorney) Continued to November 4, 2002. Supervisor Daly, seconded by Supervisor Gonzalez, moved that this Litigation be CONTINUED. The motion carried by the following vote: Ayes: 6 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell Absent: 5 - McGoldrick, Newsom, Peskin, Sandoval, Yee 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. 021777 [Urge Disguise Inc. Responsibility for Removal of Kung Fool Costumes] Supervisors Yee, Hall, McGoldrick 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. Supervisors Hall and McGoldrick requested to be added as co-sponsors. Enacted Number: 748-02 ADOPTED 021778 [Authorize SF Recreation and Park to Accept and Expend $125,925 for 15 TH!NK Electric Vehicles] Supervisors Peskin, Leno 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. Supervisor Leno requested to be added as a co-sponsor. Enacted Number: 749-02 ADOPTED 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. Enacted Number: 750-02 ADOPTED 021780 [Commend Calvin Gipson] Supervisors Leno, Daly Resolution commending Calvin Gipson for his years of service at the San Francisco LGBT Pride Celebration Committee. Supervisor Daly requested to be added as a co-sponsor. Enacted Number: 751-02 ADOPTED 021781 [Commend Renel Brooks-Moon] Supervisors Maxwell, Daly Resolution commending Renel Brooks-Moon for her outstanding commitment as a role model for young women and her dedication to the community. Supervisor Daly requested to be added as a co-sponsor. Enacted Number: 752-02 ADOPTED 021782 [Commend SF Food Bank] Supervisors Maxwell, Daly, Leno 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. Supervisors Daly and Leno requested to be added as co-sponsors. Enacted Number: 753-02 ADOPTED 021783 [Commend University of California San Francisco] Supervisors Sandoval, Daly 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. Supervisor Daly requested to be added as a co-sponsor. Enacted Number: 754-02 ADOPTED 021784 [Commend Excelsior Action Group] Supervisors Sandoval, Hall 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. Enacted Number: 755-02 ADOPTED 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. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 173,730; District 6.) Enacted Number: M02-182 APPROVED 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. Enacted Number: M02-183 APPROVED The foregoing items were acted upon by the following vote: Ayes: 6 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell Absent: 5 - McGoldrick, Newsom, Peskin, Sandoval, Yee Severed From Adoption Without Reference to Committee 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 Jon Ballesteros to serve on the Planning Commission. Supervisor Leno requested this item be severed and considered separately. Supervisor Leno, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 6 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell Absent: 5 - McGoldrick, Newsom, Peskin, Sandoval, Yee OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 021808 [Compensation for Employees Called to Active Military Duty in Response to International Terrorism] Mayor Ordinance amending the 2002-2003 Annual Salary Ordinance to entitle City officers or employees called to active duty with a military reserve organization to receive from the City the difference between the amount of the individual’s military pay and the amount the individual would have received as a City officer or employee had the individual worked his or her normal work schedule. (Mayor) 10/28/02, RECEIVED AND ASSIGNED to Finance Committee. 021810 [Recycled Paper] Supervisors Leno, Maxwell, Ammiano Ordinance amending Section 21A.7 of the Administrative Code to require the City to purchase paper with 100% post-consumer content for specified uses. 10/28/02, ASSIGNED UNDER 30 DAY RULE to Rules and Audits Committee, expires on 11/27/2002. 021811 [Planning Code-- Dwelling Units] Supervisors Leno, Daly Ordinance amending the San Francisco Planning Code by amending Section 123 to exempt floor area devoted to residential use in calculating floor area ratio limits for TDR transfer in certain C-3-O and C-3-O(SD) districts; amending Section 124 to eliminate floor area ratio limits for residential construction in certain C-2 and C-3 zoning districts, except on Preservation lots; amending Section 128 to eliminate certain restrictions on the transfer of development rights in C-3 districts, to require the Zoning Administrator to keep an inventory of TDR, and authorizing the Planning Department to study how this legislation affects housing in C-3 zoning areas and the market for TDRs; amending Sections 215 and 216 to increase the maximum density ratio for dwelling units and group housing allowed in certain C and M districts; amending Section 309 to allow modification of the project in the permit review process for an effect on the integrity of Significant or Contributory buildings; amending Section 1112.2 to provide that an application for a demolition permit on a lot including a Contributory building will be treated as a Significant building if the gross floor area will exceed the base floor area ratio limit of the site without the transfer of TDR; and making findings including a determination of consistency with the General Plan and the priority policies of Planning Code Section 101.1(b). (Companion measure to File 021812.) 10/28/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 11/27/2002. 021812 [Appropriate funding for an environmental review] Supervisors Leno, Daly, Ammiano Ordinance appropriating $305,000 from the General Fund Reserve to the Planning Department for an environmental review of Board of Supervisors legislation, File No. 021811, ordinance amending Part II of the San Francisco Municipal Code (Planning Code) by amending Section 124 to eliminate floor area ratio limits for residential construction in certain C-3 Zoning Districts, amending Sections 215 and 216 to increase the maximum density ratio for dwelling units and group housing allowed in certain C and M Districts, and making a determination of consistency with the priority policies of Planning Code Section 101.1(B) for fiscal year 2002-03. (Fiscal impact; No Public Benefit Recipient.) 10/28/02, RECEIVED AND ASSIGNED to Finance Committee. 021813 [General Advertising Signs - Annual Fee and Registration] Supervisors Leno, Peskin Ordinance amending the San Francisco Planning Code by adding Sections 604.2 and 358 to require that, except for general advertising signs exempt from the requirements of Article 6 under Section 603, the owner of a general advertising sign located within the City must register the sign and pay an annual fee to fund monitoring of compliance with and enforcement of sign regulations, to direct deposit of the fees into the Planning Code Enforcement Fund, to require the owner of the sign to submit a current sign inventory and other information and to file an affidavit under penalty of perjury stating that they do not knowingly have any illegal general advertising signs in San Francisco, to authorize reduction of the fee for owners in compliance or who initially register before the deadline, and to impose an increased fee and substantial penalties for failure to comply; amending the San Francisco Administrative Code by amending Section 10.100-166 to authorize deposit of the fees into the Planning Code Enforcement Fund; adopting findings. 10/28/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 11/27/2002. 021814 [Repealing local assault weapons prohibition] Supervisors Gonzalez, Peskin Ordinance repealing Article 35A of the City and County of San Francisco Police Code, relating to the possession, sale, or transfer of assault weapons, in light of subsequent legislation by the State of California to regulate the possession, sale, transfer, manufacture, importation, distribution, and transportation of assault weapons. 10/28/02, ASSIGNED UNDER 30 DAY RULE to Public Works and Public Protection Committee, expires on 11/27/2002. 021815 [Publication of Annual Reports -Amend Administrative Code Sections 1.56 and 8.16] Supervisor Daly Ordinance amending Administrative Code Sections 1.56 and 8.16 to require that department heads, boards and commissions post annual reports on the City’s website, and prohibiting departments, boards and commissions from publishing hard copies of such reports without approval of the Board of Supervisors. 10/28/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021504 [Prevailing rate of wage and displaced worker protection for workers employed in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by Supervisors Leno, Ammiano, Daly Ordinance adding Section 21.25-2 to the Administrative Code to require that workers employed in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City and County of San Francisco be paid the prevailing rate of wage and that such workers will have job protection with the successor contractor for a transition period after a lease, management agreement or other contractual arrangement is terminated. 8/26/02, ASSIGNED UNDER 30 DAY RULE to Finance Committee, expires on 9/25/2002. 9/13/02, REFERRED TO DEPARTMENT. Referred to Small Business Commission for comment and recommendation. 10/28/02, SUBSTITUTED. Supervisor Leno submitted a substitute ordinance bearing same title. 10/28/02, ASSIGNED to Finance Committee. 020913 [Amending the Appointment Process for the Child Care Planning and Advisory Council and Establishing Child Care Planning Advisory Council Account] Supervisor Maxwell Ordinance amending Article XX of Chapter 5 of Part One of the San Francisco Municipal Code (Administrative Code) to (1) amend Section 5.200 to provide that half the membership is appointed by the Board of Supervisors and half the membership is appointed by the Board of Education, or County Superintendent of Schools, if the Board of Education delegates the appointment power to her or him; (2) amend compensation provisions for Council members to provide for compensation if a member is not otherwise compensated for attending committee meetings; and (3) add Section 10.100-367 to Article XII of Chapter 10 of Part One of the San Francisco Municipal Code (Administrative Code) establishing the Child Care Planning and Advisory Council Account. 5/28/02, ASSIGNED UNDER 30 DAY RULE to Rules and Audits Committee, expires on 6/27/2002. 10/28/02, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title. 10/28/02, ASSIGNED to Rules and Audits Committee. Resolutions 021816 [Enhance the safety of firefighters as required by the State Fire Marshal’s Office] Supervisor Sandoval Resolution authorizing the San Francisco Fire Department (SFFD) to accept and expend a new grant in the amount of $409,633 from the Federal Emergency Management Agency (FEMA) to acquire 800 MHz portable radios for all firefighters working in suppression and to transfer from the California Fire Incident Reporting System (CFIRS) to the National Fire Incident Reporting System (NFIRS), and to enter into an agreement for the use of these funds; for the period of September 15, 2002 through September 14, 2003. (No Public Benefit Recipient.) 10/28/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. 021817 [Honor 2002 National League San Francisco Giants] Supervisors Ammiano, Hall, Peskin Resolution honoring the 2002 National League San Francisco Giants for a season filled with memories. 10/28/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021818 [Urge U.S. Immigration and Naturalization Service to reopen Israeli Yoav Shaul Case] Supervisors Leno, Ammiano, Peskin Resolution urging the U.S. Immigration and Naturalization Service (INS) to reopen the case of Israeli immigrant Yoav Shaul and grant him a second interview, and urging the INS to reform procedures for interviewing applicants for permanent residency. 10/28/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021819 [Urge SFO to retain Experienced Airport Screeners] Supervisors Sandoval, Daly, Gonzalez Resolution urging the San Francisco Transportation Security Administration and Covenant Aviation Security to retain experienced airport screeners at San Francisco International Airport by considering experience and giving priority to the incumbent screeners in the hiring of new Pre-Board Screeners. 10/28/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021820 [Commend Dave Snyder] Supervisors Gonzalez, Leno, Maxwell, McGoldrick, Sandoval, Ammiano, Daly, Peskin, Yee, Newsom, Hall Resolution commending Dave Snyder on eleven years of service as the Executive Director of the San Francisco Bicycle Coalition and his efforts to improve conditions for bicycling in San Francisco. 10/28/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 021824 [Use of Recreation and Park Facilities by Youth/Adult Teams and/or Leagues] Supervisor Hall Presentation by the Department of Recreation and Park on current demand for use of recreation and park facilities by youth and or adult teams and leagues. 10/28/02, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee. 021612 [Transgender Civil Rights Implementation Task Force] Supervisor Leno Hearing to consider the final report and recommendations of the Transgender Civil Rights Implementation Task Force that just completed two years of groundbreaking work. 9/23/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 10/28/02, CALLED FROM COMMITTEE. Supervisor Leno requested this matter be scheduled for November 4, 2002 Board meeting. Motion 021823 [Committee of the Whole 11/4/02 - 3:00 PM] Supervisors Leno, Ammiano, Gonzalez, Maxwell, McGoldrick, Peskin Motion scheduling a Committee of the Whole on November 4th, 2002, at 3:00 PM to hold a hearing on the final report of the Transgender Civil Rights Implementation Task Force. 10/28/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. PROPOSED ORDINANCES 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.) 10/22/02, RECEIVED AND ASSIGNED to Finance Committee. 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.) 10/22/02, RECEIVED AND ASSIGNED to Finance Committee. 021793 [Public Employment] Ordinance amending Ordinance No. 175-02 (Annual Salary Ordinance 2002/03) setting rates in the 2002-2003 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.) 10/22/02, 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.) 10/21/02, ASSIGNED UNDER 30 DAY RULE to Finance Committee, expires on 11/20/2002. PROPOSED RESOLUTIONS 021805 [Accept-Expend DOC Beverage Container Recycling Grant] 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.) 10/17/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Requests Granted From: Supervisor Newsom To: City Librarian, Public Library Requesting/Inquiring: Inquiring if there are any ongoing or future plans for capital improvements of the Golden Gate branch library. From: Supervisor Newsom To: City Attorney Requesting/Inquiring: To draft an ordinance that requires construction projects obtaining a building permit, to submit a recycling plan for City staff approval, that meets minimum diversion requirements and pay both a refundable deposit and administrative fee; and to set minimum diversion requirements and provide for the financial and administrative incentives to encourage the best possible recycling practices. From: Supervisor Sandoval To: City Attorney Requesting/Inquiring: To draft legislation requiring the Department of Real Estate to confer with the Mayor’s Office of Community Development, Mayor’s Office of Economic Development, and the Redevelopment Agency anytime Real Estate is purchasing or leasing property to house a City function.Requesting that the legislation also mandate that any such lease or purchase of property be reviewed by the committee of the Board of Supervisors responsible for the review of issues related to community and economic development.The legislation should also identify areas of San Francisco where economic and community development is particularly needed and where the Department of Real Estate should first locate these sites. From: Supervisor Sandoval To: City Attorney Requesting/Inquiring: To draft a memorandum identifying and explaining the principal local, state, and federal laws that can be used to prosecute fraud committed in city departments by city employees, commissioners, and elected officials.We are using "fraud" in its broadest sense including corruption, graft, bribes, embezzlement, and any other common In Memoriams Senator Paul Wellstone (Entire Board) Donald Montwill (Supervisors Ammiano, Daly, Leno) Bob Salomon (Supervisor Gonzalez) Daisy Leach (Supervisor Hall) Harry Hay (Supervisors Leno, Ammiano) Adolph Green (Supervisor Leno) Sister Mary Inez Hernandez (Supervisor McGoldrick) ADJOURNMENT There being no further business, the Board at the hour of6:25 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 November 25, 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 said Board on the date stated and was approved as recited.6:25 p.m. 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. 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 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