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Full text of "Meeting minutes"

SAN FRANCISCO PUBLIC LIBRARY 



3 1223 06446 5884 



SIS 




San Francisco Public Library 

Government Inlormation Center 
San Francisco Public Library 
100 Larkin Street. 5th Floor 
San Francisco, CA 94102 

REFERENCE BOOK 

Not to be taken from the Library 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. i 



Goodlett Place "^ 
San Francisco, CA 94102-4689 

MEETING MINUTES 



DOCUMENTS DEPT. 
JAN 1 2 2004 



Tuesday, September 16, 2003 2:00 PM PUBUC^IBRARY 

Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Regular Meeting 



MATT GONZALEZ, PRESIDENT 

TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 



BOARD COMMiriEES 




Committee Membership 


Meeting Days 


Budget Committee 


Thursday 


Supervisors Daly, Peskin, Maxwell, Ma, Gonzalez 


1:00 PM 


City and School District Select Committee 


2nd Monday, bi-monthly 


Chair Maxwell, Supervisor Ammiano, Supervisor Ma, Commissioner Cruz, Commissioner Sanchez, Co 


4;00 PM 


City Services Committee 


Thursday 


Supervisors Dufty, Ma, Newsom 


9:30 AM 


Finance and Audits Committee 


Wednesday 


Supervisors Peskin, Sandoval, McGoldrick 


12:30 PM 


Land Use Committee 


Monday 


Supervisors McGoldrick, Maxwell, Ammiano 


1:00 p.m. 


Rules Committee 


Wednesday 


Supervisors Hall, Dufty, Gonzalez 


9:30 AM 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee. 

Volume 98 Number 31 



3 1223 06446 5884 



Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo 
Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 



The meeting was called to order at 2:12 p.m. On the call of the roll, all Supervisors were noted present. 
Quorum present. 



APPROVAL OF MEETING MINUTES 



Supervisor Dufty, seconded by Supervisor Daly, moved to approve August 12, 2003 and August 19, 2003 Meeting 
Minutes. Tlie motion carried by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



CONSENT AGENDA 



Recommendations of the City Services Committee 

031126 [Liquor License Transfer, One Tillman Place] 

Resolution determining that the transfer of a Type 48 on-sale general public premises license from Pier 28, The 
Embarcadero to One Tillman Place (District 3), to Aqua Azul, LLC for Azul, will serve the convenience of the 
people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business 
and Professions Code, with conditions. 

Resolution No. 595-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031192 [Liquor License Transfer, 662 Mission Street] 

Resolution determining that the transfer of a Type 48 on-sale general public premises license from 811 
Valencia Street to 662 Mission Street (District 6), to Shawman Group, LLC, dba "Fluid", will serve the 
convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the 
California Business and Professions Code, with conditions. 

Resolution No. 598-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco I Printed at 1:18 PM on 1/9/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031214 [Liquor License Transfer, 550-15th Street] 

Resolution determining that the transfer of a Type 48 on-sale general public premises license from 536 Golden 
Gate Avenue to 550-15th Street (District 6), to Peter Glikshtern dba "FiveSO, Inc.", will serve the convenience 
of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California 
Business and Professions Code, with conditions. 

Resolution No. 600-03 
ADOPTED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031402 [Extension of the First Source Hiring Program] 

Supervisors Maxwell, Dufty, Newsom, Ammiano, McGoldrick, Sandoval 

Ordinance amending the San Francisco Administrative Code by amending Section 83.18 to extend the 
expiration date of the provisions of the First Source Hiring Program by one year. 

Ordinance No. 228-03 

FINALLY PASSED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031336 [Study of at-risk and HIV positive youth in San Francisco] 
Supervisors Dufty, Newsom 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement in the amount of $19,800 with The Regents of the University of California San Francisco (UCSF), 
the primary contractor, to participate in a study of at-risk and HIV positive youth in San Francisco, for the 
period of March 1, 2003, to February 29, 2004. (Public Health Department) 

(No Public Benefit Recipient.) 

Resolution No. 596-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031337 [Emergency Medical Services Fund Reimbursement] 
Supervisor Dufty 

Resolution authorizing the San Francisco Department of Public Health, Emergency Medical Services (SFDPH, 
EMS) to accept and expend retroactively funds in the amount of $920,650 from the Emergency Medical 
Services Fund (EMSF) to reimburse providers for emergency medical services rendered during the period of 
July 1, 2002 to June 30, 2004, and for administrative costs associated with this program. (Public Health 
Department) 

(No Public Benefit Recipient.) 

Resolution No. 597-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 



Printed at 1.18 PM on 1/9/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



Recommendations of the Finance and Audits Committee 



031274 [Conservatory of Flowers - Fees] 
Supervisor McGoldrick 

Ordinance making environmental findings and amending the San Francisco Park Code by adding Section 12.34 
to establish the admission fees for the Conservatory of Flowers. 

Ordinance No. 231-03 

FINALLY PASSED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031399 [Stow Lake and Spreckels Lake restoration, sole source contract] 
Mayor, Supervisor Hall 

Ordinance authorizing the Recreation and Park Department to negotiate and enter into a sole-source contract 
with Aquatic Environments, Inc., Alamo, California, to dredge Stow Lake and Spreckels Lake, install aeration 
and circulation equipment and repair the Lake edge. 

Ordinance No. 227-03 

FINALLY PASSED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendation of the Land Use Committee 

031194 [Recreation and Park Conunission to procure construction and design/build services in connection with 
the California Academy of Sciences project] 

Mayor, Supervisors Ammiano, Hall 

Ordinance authorizing the Recreation and Park Commission to award contracts for construction and/or 
design/build services in connection with the reconstruction of the California Academy of Sciences. (Mayor) 

Ordinance No. 229-03 

FINALLY PASSED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 



Printed at 1:18 PM on 1/9/2004 



Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



REGULAR AGENDA 



UNFINISHED BUSINESS 



Recommendation of the Finance and Audits Committee 



Appointment of President Pro Tempore 

At the request of the President, Superxisor Sandoval assumed the Chair so the President could participate in 
the debate from the floor concerning the following item. 

The President resumed the Chair shortly thereafter. 
030848 [General Assistance-In-kind Assistance] 

Supervisors Newsom, Dufty, Sandoval, McGoIdrick, Peskin 

Ordinance modifying the City's General Assistance (GA) Program by amending San Francisco Administrative 
Code Sec. 20.57 to reflect the current grant amount; amending Administrative Code Sec. 20.59.3 to provide in- 
kind housing, utilities and meals to homeless applicants and recipients; amending Administrative Code Sec. 
20.57.1 to value housing, utilities and meals provided to homeless recipients as in-kind assistance; adding 
Administrative Code Sec. 20.57.6A. to provide a special needs allowance to homeless recipients; adding 
Administrative Code Sec. 20.60.12 to establish a baseline GA budget; adding Administrative Code Sec. 
20.60.13 to require a Controller's evaluation; adding Administrative Code Sec. 20.60.14 to establish an 
operative date for these amendments of on or before July 1, 2003. 

Supervisor Ma, seconded by Supervisor Dufty, moved an amendment of the whole. 

The motion failed by the following vote: 

Ayes: 3 - Dufty, Ma, Newsom 

Noes: 8 - Ammiano, Daly, Gonzalez, Hall, Maxwell, McGoIdrick, Peskin, Sandavol 

NOT PASSED ON FIRST READING by the following vote: 

Ayes: 5 - Dufty, McGoIdrick, Newsom, Peskin, Sandoval 

Noes: 6 - Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell 

From the Finance and Audits Committee "Without Recommendation" 



CUy and County of San Francisco 4 Printed at 1:18 PM on 1/9/2004 



Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 

031361 [General Assistance-In-Kind Assistance; Department of Human Services Care Fund] 
Supervisors Hall, Newsom 

Ordinance modifying the City's General Assistance (GA) Program by amending San Francisco Administrative 
Code Sec. 20.57 to reflect the current grant amount; amending Administrative Code Sec. 20.59.3 to provide in- 
kind housing, utilities and meals to homeless applicants and recipients; amending Administrative Code Sec. 
20.57.1 to value housing, utilities and meals provided to homeless recipients as in-kind assistance; adding 
Administrative Code Sec. 20.57.6A. to provide a special needs allowance to homeless recipients; adding 
Administrative Code Sec. 20.60.12 to establish a baseline GA budget; adding Administrative Code Sec. 
20.60.13 to require a Controller's evaluation; adding Administrative Code Sec. 20.60.14 to establish an 
operative date for these amendments of on or before July 1, 2003; and amending the San Francisco 
Administrative Code by adding Section 10.100-77, to establish a Department of Human Services Care Fund, 
defining terms, identifying revenues, restricting permissible uses, providing for verification and adjustment of 
appropriations, and limiting expenditures in excess of the fund cap. 

Supervisor McGoldrick dissenting. 

Supervisor Hall, seconded by Supervisor Ammiano, moved that this Ordinance be TABLED. The motion carried by 
the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Newsom 

Recommendations of Finance and Audits Committee 

031238 [Establishing a Department of Human Services Care Fund] 
Supervisors Hall, Newsom, Peskin 

Ordinance amending the San Francisco Administrative Code by adding Section 10.100-77, to establish a 
Department of Human Services Care Fund, defining terms, identifying revenues, restricting permissible uses, 
providing for verification and adjustment of appropriations, and limiting expenditures in excess of the fund cap. 

(Fiscal impact.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Recess 

The Board recessed at the hour of 3:24 p.m. 

Reconvening of the Board 

The Board at the hour of 3:43 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 

Supervisors Ammiano, Daly, Dufty, Hall, Gonzalez, Ma, Maxwell, Newsom, Peskin - 9 

Quorum present. 

Supervisors Daly and McGoldrick were noted present at 3:45 p.m. 

City and County of San Francisco 5 Printed at 1:18 PM on 1/9/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031240 [Establishing Cash for Care Special Account] 
Supervisor McGoldrick 

Ordinance amending Section 10. 100 of the San Francisco Administrative Code to establish the Cash for Care 
Special Account to receive, administer and fund programs for the homeless of San Francisco. 

(Fiscal impact.) 

Supervisor Daly, seconded by Supervisor McGoldrick, moved that this Ordinance be RE-REFERRED to the 
Finance and Audits Committee. The motion carried by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031241 [Expanding Eligibility to Participate in Annual Joint Fundraising Drive] 
Supervisor McGoldrick 

Ordinance amending Section 16.93-2 of the San Francisco Administrative Code to allow the Cash for Care 
Special Account to participate in the annual joint fundraising drive. 

Supervisor Daly, seconded by Supervisor McGoldrick, moved that this Ordinance be RE-REFERRED to the 
Finance and Audits Committee. The motion carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031244 [Glen Park Branch Library] 
Supervisor Dufty 

Ordinance approving and authorizing the Director of Property to execute an Agreement of Purchase and Sale 
of Real Property with Glen Park Marketplace Phoenix, LLC, for the purchase of a condominium unit in a 
mixed use project to be located at Diamond and Wilder Streets for use as the Glen Park branch of the San 
Francisco Public Library; adopting findings pursuant to the California Environmental Quality Act; adopting 
findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City 
Planning Code Section 101.1.; and authorizing the Director of Property to execute documents, make certain 
modifications and take certain actions in furtherance of this Ordinance. 

(Fiscal impact.) 

Ordinance No. 230-03 

FINALLY PASSED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendation of the City Services Committee 



City and County of San Francisco 



Printed at 1:18 PM on 1/9/2004 



Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 

020061 [Banner Regulations] 

Supervisors Newsom, Dufty, Ma 

Ordinance amending and adding to Section 184.78 of the Public Works Code make findings as to the purposes 
served by banners, to create five categories of permitted banners, to prohibit banners in residential districts, to 
restrict banners in certain neighborhood commercial and residential commercial districts, to require installer 
name and service phone numbers on all banners, to provide for processing and inspection fees for banner 
permits, to index those fees, beginning in fiscal year 2004-2005, to the Consumer Price Index, to provide 
appropriate penalties for violations of Section 184.78, and to provide that bonds may be required to be posted 
prior to receipt of a banner permit and finding that the Ordinance is exempt/excluded from environmental 
review. 



Supervisor Newsom, seconded by Supervisor Ma, moved that this Ordinance be RE-REFERRED to the City 
Services Committee. The motion carried by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



SPECIAL ORDER 3:30 P.M - Recognition of Commendations 



Privilege of the Floor 

Supervisor Dufty, seconded by Supervisor Daly, moved to suspend Rule 4.28 of the Rules of Order of the Board of 
Supervisors to grant the privilege of the floor to the following guests. The motion carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Supenisor Dufty introduced, welcomed, and presented Certificates of Honor to Members of the 2002-2003 
Civil Grand Grand Jury, William Bush, Jess Centeno, Rosemary De Gregorio, Susan Hirsch, George Kloves. 
Richard Matthews, Jack McNulty, Inez Skourkes, and Pauline Walker. 

Supervisor Daly introduced, welcomed, and presented Certificates of Honor 
to Members of the Immigrant Workers Freedom Ride. 

SPECIAL ORDER 4:00 P.M. 

031370 [Public Hearing] 

Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public 
Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 
707. 1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the 
Board) 

The President inquired if there was anyone who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 



City and County of San Francisco 7 Printed at 1:18 PM on 1/9/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031371 [Report of assessment costs for sidewalk and curb repairs - DPW Order 174,073] 

Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and 
curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works 
Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) 

(No Public Benefit Recipient; DPW Order 174,073; Location: 1751 Silver Avenue.) 

Resolution No. 601-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031372 [Public Hearing] 

Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public 
Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 
707. 1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the 
Board) 

The President inquired if there was anyone who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 

031373 [Report of assessment costs for sidewalk and curb repairs - DPW Order 174, 227] 

Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and 
curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works 
Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,227; Locations: 279-283 Dolores Street; 439 Guerrero 
Street.) 

Resolution No. 602-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Peskin, Sandoval 

031374 [Public Hearing] 

Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public 
Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 
707. 1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the 
Board) 

The President inquired if there was anyone who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 

031375 [Report of assessment costs for sidewalk and curb repairs - DPW Order 174, 249] 

Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and 
curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works 
Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,249; Locations: 170 Flood Avenue; 1272-1274 Page 
Street.) 

Resolution No. 603-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031445 [Public Hearing] 

Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public 
Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 
707. 1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the 
Board) 

The President inquired if there was anyone who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 

031446 [Report of assessment costs for sidewalk and curb repairs - DPW Order 174,311] 

Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and 
curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707. 1 of the Public Works 
Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,3 11; Locations: 800 Shrader Street; 1062 Goettingen 
Street; 449 Frederick Street.) 

Resolution No. 612-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



SPECIAL ORDER 4:30 P.M. 



Supervisor Newsom was previously excused from voting on this matter. 
031265 [Appeal, Mitigated Negative Declaration - 2026 Lombard Street] 

Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 
16595 adopted June 12, 2003, approving a mitigated negative declaration for the proposed development at 
2026 Lombard Street. 

(Appeal filed July 14, 2003 by Stephen M. Williams, Esq.; companion measure to Files 031266, 031267, 
031268.) 

Stephen Williams, Appellant 

Support of appellant: 

Joseph Miclielucci, Geotec Engineer; Frank Rollo, Geotec Engineer; Ms. Pat Vaugliey; Kate Gillespie; Dr. 

Roger; Andy Fields; Ken Johnson; Hanson Wong, Department of Building Inspection. 

Department of Planning Representatives reviewed with Board the Planning Commission's recommendation. 

Paul Maltzer, Planning Department. 

M. Brett Gladstone, Project Sponsor 

Support of sponsor: 

Mr. McDaniels; Steward During, Law Consultant; Luba Wyznyckyi, Law Consultant 

The President inquired if there was anyone else who wished to address the Board. 

There being no response, the President declared the Public Hearing Closed. 

HEARD AT PUBLIC HEARING. 



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, (I Dr. Carlton B. 
Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. 

From the Clerk 



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

031266 [Affirming adoption of the negative declaration for 2026 Lombard Street] 

Motion affirming the Planning Commission adoption of the negative declaration for 2026 Lombard Street. 
(Clerk of the Board) 

Motion No. M03-167 

Supervisor Peskin, seconded by Supervisor Hall, moved that this Motion be APPROVED. The motion carried by the 

following vote: 

Ayes: 7 - Ammiano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval 
Noes: 3 - Daly, Gonzalez, McGoldrick 
Excused: 1 - New^som 



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Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



031267 [Reversing adoption of tiie negative declaration for 2026 Lombard Street] 

Motion reversing the Planning Commission adoption of the negative declaration for 2026 Lombard Street. 

TABLED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 

031268 [Preparation of findings to reverse adoption of the negative declaration for 2026 Lombard Street] 

Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the 
negative declaration for 2026 Lombard Street Project. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



SPECIAL ORDER 4:30 P.M. 

031232 [Public Hearing - Appeal, Conditional Use - 2026 Lombard Street] 

Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 
16596 dated June 12, 2003 approving a conditional use authorization. Case No. 2002.0497C, to allow the 
construction of an approximately 49,000 square foot 97 room tourist hotel with 78 off-street parking spaces on 
a lot containing approximately 13,600 square feet, pursuant to Planning Code Sections 712.11, 712.21, 712.55 
and 303, in an NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-X Height and Bulk 
District, located at 2026 Lombard Street, north side between Fillmore and Webster Streets, Lot 025 in 
Assessor's Block 0492. 

(Appeal filed July 14, 2003 by Stephen M. Williams, Esq. The project received a Preliminary Mitigated 
Negative Declaration (PMND) from the Planning Department on March 29, 2003. The PMND was appealed; 
Planning upheld the PMND on June 12, 2003; companion measure to Files 031232, 031233, 031234, 031235, 
031236; District 2). 

Stephen Williams, Esq., Appellant 

Support of appellant: 

Jay Scott; Roger Arlen; Sandy Arlen; Robert; Mr. Maroso; Andy Fields; Tina Sprouse; male speaker; male 

speaker; Dr. Roger; Pat Vaughey; Ken Johnson. 

Department of Planning Representatives reviewed with Board the Planning Commission's recommendation. 

Jean Paul Samaha, Planning Department. 

M. Brett Gladstone, Project Sponsor 

Support of Sponsor: 

Ken Matterson; Segrid Engelen; Renee Corbett; John Love, CPA; Mohammad; Jim Maxwell, Marina 

Homeowners Association; female speaker; Sonja Gonzalez; Linda Santana; male speaker; Rick Romono; 

Conan Russell; Joyce Martini; Richard. 

Stephen Williams, appellant rebuttal period. 

The President inquired if there was anyone else who wished to address the Board. 

There being no response, the President declared the Public Hearing Closed. 

HEARD AT PUBLIC HEARING. 



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, (I Dr. Carlton B. 
Goodlett Place, Room 244; San Francisco, CA 94102-4689) at. or prior to, the public hearing. 

City and County of San Francisco II Printed at 1:18 PM on 1/9/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



From the Clerk 



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

031233 [Appeal, Conditional Use - 2026 Lombard Street] 

Motion approving decision of the Planning Commission by its Motion No. 16596 approving Conditional Use 
Application No. 2002.0497C, on property located at 2026 Lombard Street, and adopting findings pursuant to 
Planning Code Section 101.1. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused; 1 - Newsom 

031234 [Appeal, Conditional Use - 2026 Lombard Street] 

Motion disapproving decision of the Planning Commission by its Motion No. 16596 approving Conditional 
Use Application No. 2002.0497C, on property located at 2026 Lombard Street, and adopting findings pursuant 
to Planning Code Section 101.1. (Clerk of the Board) 

Supervisor McGoldrick, seconded by Supervisor Dufty, moved an amendment of the whole. Further amended 
by Super\'isor Peskin. 

Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Motion be AMENDED, AN AMENDMENT 
OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Ma 
Excused: 1 - Newsom 

Motion No. MOB- 168 

APPROVED AS AMENDED by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Ma 
Excused: 1 - Newsom 

031236 [Environmental Review - 2026 Lombard Street] 

Motion certifying review of Final Mitigated Negative Declaration relating to proposed Conditional Use of 
property at 2026 Lombard Street. (Clerk of the Board) 

Motion No. M03-156 

APPROVED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Daly 
Excused: 1 - Newsom 

031235 [Findings - 2026 Lombard Street] 

Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application 
No. 2002.0497C, on property located at 2026 Lombard Street, for action by the Board at its next meeting. 
(Clerk of the Board) 

Motion No. M03-155 

Supervisor Peskin, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by 

the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



SPECIAL ORDER 4:30 P.M. 



Supervisor Sandoval noted absent at 5:15 p.m. 
031364 [Public Hearing - Appeal, 600 Portola Drive Tentative Subdivision Map] 

Hearing of persons interested in or objecting to the decision of the Department of Public Works dated August 
4, 2003, approving tentative/parcel map to legalize the construction of an 18 unit new condominium mixed-use 
project at 600 Portola Drive, San Francisco. 

(Appeal Filed August 7, 2003 by Mr. Man Poon; companion measure to Files 031364, 031365, 031366, 
031367; District 7.) 

Speakers: Mr. Man Poon, Appellant; John Kwong; John Martin, Representative, Department of Public Works. 
HEARD AT PUBLIC HEARING. 



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. 

From the Clerk 



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

031365 [600 Portola Drive Tentative Subdivision Map] 

Motion approving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize 
the construction of a 18 unit new condominium mixed-use project in Assessor's Block 2892, Lot 1, at 600 
Portola Drive. (Clerk of the Board) 

Motion No. M03-157 

Supervisor Peskin, seconded by Supervisor Hall, moved that this Motion be APPROVED. The motion carried by the 

following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent: 1 - Sandoval 

031366 [600 Portola Drive Tentative Subdivision Map] 

Motion disapproving decision of the Director of Public Works, approving Tentative Subdivision Map to 
legalize the construction of a 18 unit new condominium mixed-use project in Assessor's Block 2892, Lot 1, at 
600 Portola Drive. (Clerk of the Board) 

Supervisor Peskin, seconded by Supervisor Ma, moved that this Motion be TABLED. The motion carried by the 
following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent: 1 - Sandoval 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



031367 [Findings - 600 Portola Drive] 

Motion directing the Clerk of the Board to prepare findings relating to Tentative Subdivision Map to legalize 
the construction of a 18 unit new condominium mixed-use project in Assessor's Block 2892, Lot 1, at 600 
Portola Drive. (Clerk of the Board) 

Motion No. M03-I58 

Supervisor Peskin, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried 

by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent: 1 - Sandoval 



Recess 

The Board recessed at the hour of 9:45 p.m. 

Reconvening of the Board 

The Board at the hour of 10:10 p.m. reconvened 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 
Supervisors Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick - 7 

Quorum present 



City and County of San Francisco 14 Printed at 1:18 PM on 1/9/2004 



Board of Supervisors Meeting Minutes Tuesday, September 16,2003 



SPECIAL ORDER 5:00 P.M. 

031449 [Public Hearing - Appeal, Final EIR for the Golden Gate Park Concourse Authority Projects] 

Hearing of persons interested in or objecting to the Planning Commission certification of the Final 
Environmental Impact Report Case No. 200 1.9 HE, dated July 24, 2003, for the Golden Gate Park Concourse 
Authority Projects, located between the California Academy of Sciences and the M.H. De Young Museum in 
Golden Gate Park, known as the Music Concourse Area. (Appellant: Stephen L. Willis). 

(Filed 8/13/03; companion measure to Files 031450, 031451, 031452.) 

Appellants: Chris Duderstadt; Mary Anne Miller; Stephen Willis. 

Support of appellant: 

Denise D'Anne; Arthur Chan; Don Echenberg, SF Green Party; Mike Smith; Mark Solomon; Josh Hart, SF 

Bicycle Coalition; Fredrick Hobson; Richard Kaufinan, Walk SF; John Winston; Andy Norman; Eric; Cherl 

Brickman, Vice President, Pedestrian Safety Advisory Committee; Peggy Kushner, Sierra Club; female 

speaker; Janice Rothstein; Amad Jowel; Steven; female speaker; male speaker; Tess; Katherine Roberts. 

Department of Planning Representatives reviewed with Board the Planning Commission's recommendation. 

Paul Maltzer, Planning Department; John Malamut, Deputy City Attorney; Jay Turnbold, Architect. 

Support of project sponsor: 

Mike Ellzey, Concourse Authority; Nancy Conner, President, Concourse Authority; Diane Wilsey, President, 

De Young Museum; Harry Parker, Fine Arts Museum; Ron McGill; Randolph Scott, Fine Arts Museum; Jim 

Chappie, SPUR; Patrick Kociolek, Academy of Science; Elizabeth Dunlap; Sandra Tracey. North Park 

Neighborhood Association; Michelle Straton; Dan McKenna, Recreation and Part 

The President inquired if there was anyone else who wished to address the Board. 

There being no response, the President declared the Public Hearing Closed. 

HEARD AT PUBLIC HEARING. 



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. 

From the Clerk 



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

031450 [Affirm certification of the final environmental impact report for the Golden Gate Park Concourse 
Authority Projects] 

Motion affirming the Planning Commission certification of the final environmental impact report for the 
Golden Gate Park Concourse Authority Projects. (Clerk of the Board) 

Motion No. M03-161 

Supervisor Hall, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the 

following vote: 

Ayes: 8 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 3 - Ammlano, Daly, Gonzalez 



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Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



031451 [Reverse certification of the final environmental impact report for the Golden Gate Park Concourse 
Authority Projects] 

Motion reversing the Planning Commission certification of the final environmental impact report for the 
Golden Gate Park Concourse Authority Projects. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031452 [Preparation of findings to reverse certification of the final environmental impact report for the Golden 
Gate Parli Concourse Authority Projects] 

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' 
reversal of the Planning Commission certification of the final environmental impact report for the Golden Gate 
Park Concourse Authority Projects. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxw^ell, McGoldrick, Newsom, Peskin, Sandoval 



SPECIAL ORDER 5:00 P.M. 

031481 [Public Hearing - Appeal, Final EIR for the Golden Gate Parlt Concourse Authority Projects] 

Hearing of persons interested in or objecting to the Planning Commission certification of the Final 
Environmental Impact Report Case No. 2001.91 IE, dated July 24, 2003, for the Golden Gate Park Concourse 
Authority Projects, located between the California Academy of Sciences and the M.H. De Young Museum in 
Golden Gate Park, known as the Music Concourse Area. (Appellants: Christopher Duderstadt, Mary Anne 
Miller for the Alliance for Golden Gate Park, and Stephen L. Willis). 

(Filed 8/13/03; companion measure to Files 031482, 031483, 031484.) 

Appellants: Chris Duderstadt; Mary Anne Miller; Stephen Willis. 

Support of appellant: 

Denise D'Anne; Arthur Chan; Don Echenberg, SF Green Party; Mike Smith; Mark Solomon; Josh Hart, SF 

Bicycle Coalition; Fredrick Hobson; Richard Kaufman, Walk SF; John Winston; Andy Norman; Eric; Cherl 

Brickman, Vice President, Pedestrian Safety Advisory Committee; Peggy Kushner, Sierra Club; female 

speaker; Janice Rothstein; Amad Jowel; Steven; female speaker; male speaker; Tess; Katherine Roberts. 

Department of Planning Representatives reviewed with Board the Planning Commission's recommendation. 

Paul Maltzer, Planning Department; John Malamut, Deputy City Attorney; Jay Turnbold, Architect. 

Support of project sponsor: 

Mike Ellzey, Concourse Authority; Nancy Conner, President, Concourse Authority; Diane Wilsey. President, 

De Young Museum; Harry Parker, Fine Arts Museum; Ron McGill; Randolph Scott, Fine Arts Museum; Jim 

Chappie, SPUR; Patrick Kociolek, Academy of Science; Elizabeth Dunlap; Sandra Tracey, North Park 

Neighborhood Association; Michelle Straton; Dan McKenna, Recreation and Park. 

The President inquired if there was anyone else who wished to address the Board. 

There being no response, the President declared the Public Hearing Closed. 

HEARD AT PUBLIC HEARING. 



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. 



City and County of San Francisco 1 6 Printed at 1:18 PM on 1/9/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



From the Clerk 



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

031482 [Affirm certification of the final environmental impact report for the Golden Gate Park Concourse 
Authority Projects] 

Motion affirming the Planning Commission certification of the final environmental impact report for the 
Golden Gate Park Concourse Authority Projects. (Clerk of the Board) 

Motion No. M03-162 

Supervisor Hall, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the 
following vote: 

Ayes: 8 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 3 - Ammiano, Daly, Gonzalez 

031483 [Reverse certification of the final environmental impact report for the Golden Gate Park Concourse 
Authority Projects] 

Motion reversing the Planning Commission certification of the final environmental impact report for the 
Golden Gate Park Concourse Authority Projects. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031484 [Preparation of flndings to reverse certification of the fmal environmental impact report for the Golden 
Gate Park Concourse Authority Projects] 

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' 
reversal of the Planning Commission certification of the final environmental impact report for the Golden Gate 
Park Concourse Authority Projects. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Recess 

The Board recessed at the hour of 1:30 a.m. 

Reconvening of the Board 

The Board at the hour of 1:51 a.m. reconvened 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 
Supervisors Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell - 7 

Quorum present 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



SPECIAL ORDER 6:00 P.M. 

031440 [Public Hearing - Appeal, Conditional Use - 378 10th Avenue (aka 389 9th Avenue and/or 4500 Geary 
Boulevard)] 

Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion 
No. 16614 dated July 17, 2003, approving a conditional use authorization. Case No. 2002.0430C, to mount a 
total of six panel antennas and related equipment on an approximately 53-foot tall commercial building as part 
of AT&T Wireless Services telecommunications network within an NC-3 (Moderate-Scale Neighborhood 
Commercial) Zoning District and a 40-X Height and Bulk District, pursuant to Section 712.83 of the Planning 
Code, on property located at 378 10th Avenue (aka 389 9th Avenue and/or 4500 Geary Boulevard), on the 
northwest corner of 9th Avenue and Geary Boulevard; Lot 035, in Assessor's Block 1441. (Appellant: Betty 
Chao) 

(Appeal filed August 15, 2003; categorically exempt from the environmental review process (CEQA) pursuant 
to exemption Classes 1, 3 and 1 1 of Title 14 of the California Administrative Code.; companion measure to 
Files 031441, 031442, 031443; District 1.) 

Betty Chiao, Appellant 

Support of appellant: 

Megan Sullivan; Grace Young; Robert Blum; Lynn Elnian; Helen; speakers reading letters on behalf of Star 

of Sea Church and School; Frank; Mary Ann Duke; Annette Wo; Sharon; Kenneth Low; Janice Rothstein; 

Bennie Lu; Ken Chan; Mike Larson; female speaker; female speaker; Regena Gatton; Ms. Currington; 

Warren Wo; male speaker; Susan Hall, Richmond Democratic Club. 

Department of Planning Representatives reviewed with Board the Planning Commission's recommendation. 

Jean Paul Samaha, Planning Department. 

Chirs Durran, ATT Wireless, Project Sponsor 

Support of project sponsor: 

Jim Heard Esq., ATT Wireless; male speaker; William Hamlon; male speaker, ATT wireless. 

Appellant rebuttal period. 

Mr. Jenkins; Betty Chiao. 

The President inquired if there was anyone else who wished to address the Board. 

There being no response, the President declared the Public Hearing Closed. 

HEARD AT PUBLIC HEARING. 



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

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

031441 [Appeal, Conditional Use - 378 10th Avenue (aka 389 9th Avenue and/or 4500 Geary Boulevard)] 

Motion approving decision of the Planning Commission by its Motion No. 16614, approving Conditional Use 
Application No. 2002.0430C on property located at 378 10th Avenue (aka 389 9th Avenue and/or 4500 Geary 
Boulevard) and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxv/ell, McGoldrick, Newsom, Peskin, Sandoval 



CUy and County of San Francisco 18 Printed at 1:18 PM on 1/9/2004 



Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



031442 [Appeal, Conditional Use - 378 10th Avenue (aka 389 9th Avenue and/or 4500 Geary Boulevard)] 

Motion disapproving decision of the Planning Commission by its Motion No. 16614, approving Conditional 
Use Application No. 2002.0430C on property located at 378 10th Avenue (aka 389 9th Avenue and/or 4500 
Geary Boulevard) and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) 

Motion No. M03-159 

APPROVED by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin 
Absent: 2 - Newsom, Sandoval 

031443 [Findings - 378 10th Avenue (aka 389 9th Avenue and/or 4500 Geary Boulevard)] 

Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application 
No. 2002.0430C on property located at 378 10th Avenue (aka 389 9th Avenue and/or 4500 Geary Boulevard), 
for action by the Board at its next meeting. (Clerk of the Board) 

Motion No. M03-160 

APPROVED by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin 
Absent: 2 - Newsom, Sandoval 



SPECIAL ORDER 6:30 P.M. 

031485 [Public Hearing - Appeal, Final EIR for the 301 Mission Street Project] 

Hearing of persons interested in or objecting to the Planning Commission certification of the Final 
Environmental Impact Report Case No. 2001.0792E, dated July 31, 2003, for a proposed mixed use 
development located at 301 Mission Street, near the Transbay Terminal in downtown San Francisco, Assessor's 
Block 3719, Lots 1 and 17. (Appellant: Sue C. Hestor, attorney for the Rincon Hill Residents Association). 

Filed 8/15/03; companion measure to Files 031486, 031487, 031488.) 

Sue Hestor, Attorney for the Appellant 

Support of appellant: 

Mr. Brooks; Reed McMann. 

Department of Planning Representatives reviewed with Board the Planning Commission's recommendation. 

Paul Maltzer, Planning Department. 

Phillip Arron, Project Sponsor 

Support of project sponsor: 

Ms. Duffy, Coblentz, Duffy and Bass; Mr. Lewis, Local 2; Derk Butler; Jim Chappie, SPUR. 

Appellant rebuttal period: 

Sue Hestor, Attorney for the Appellant. 

The President inquired if there was anyone else who wished to address the Board. 

There being no response, the President declared the Public Hearing Closed. 

HEARD AT PUBLIC HEARING. 



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 94 J 02-4689) at, or prior to, the public hearing. 



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



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031486 [Affirm certiFication of the final environmental impact report for the 301 Mission Street Project] 

Motion affirming the Planning Commission certification of the final environmental impact report for the 301 
Mission Street Project. (Clerk of the Board) 

Motion No. M03-163 

Supervisor Dufty, seconded by Supervisor Hall, moved that this Motion be APPROVED. The motion carried by the 

following vote: 

Ayes: 6 - Daly, Dufty, Hall, Ma, McGoldrIck, Peskin 
Noes: 3 - Ammiano, Gonzalez, Maxwell 
Absent: 2 - Newsom, Sandoval 

031487 [Reverse certification of the final environmental impact report for the 301 Mission Street Project] 

Motion reversing the Planning Commission certification of the final environmental impact report for the 301 
Mission Street Project. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin 
Absent: 2 - Newsom, Sandoval 

031488 [Preparation of findings to reverse certification of the final environmental impact report for the 301 
Mission Street Project] 

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' 
reversal of the Planning Commission certification of the final environmental impact report for the 301 Mission 
Street Project. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin 
Absent: 2 - Newsom, Sandoval 



SPECIAL ORDER 7:00 P.M. 

031522 [Public Hearing - Appeal, Temporary Street Closure, Mission Street between 24th and 25th Streets] 

Hearing appealing the decision of the Department of Parking and Traffic by its Memorandum dated September 
2, 2003, disapproving the requested temporary street closure of Mission Street, between 24th and 25th Streets, 
on October 25, 2003 from 7AM to 7PM, for Immigrant Pride Day. 

(Appeal filed September 4, 2003, by Carlos Petroni for the Immigrant Rights Movement; companion measure 
to Files 031523, 031524, District 6.) 

Carlos Petroni, Appellant 

Speakers: female speaker; Chris; David; Mr Hernandez; Katheryn Howe; female speaker; Joyce, MUNI; 

Frederick Hobson; Sgt. Rubino, Mission Station, SFPD. 

The President inquired if there was anyone else who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 



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. 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



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

031523 [Afllrming decision of DPT to disapprove the requested closure of Mission St. between 24th and 25th on 
October 25, 2003, for Immigrant Pride Day] 

Motion affirming the decision of the Director of the Department of Parking and Traffic to disapprove the 
requested temporary closure of Mission Street, between 24th and 25th Streets, on October 25, 2003 (7am to 
7pm), for Immigrant Pride Day. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskjn 
Absent: 1 - Sandoval 

031524 [Reversing decision of DPT and approving the requested closure of Mission St. between 24th and 25th 
on October 25, 2003, for Immigrant Pride Day] 

Motion reversing the decision of the Director of the Department of Parking and Traffic and approving the 
requested temporary closure of Mission Street, between 24th and 25th Streets, on October 25, 2003 (7am to 
7pm), for Immigrant Pride Day. (Clerk of the Board) 

Amended to change the date of the event from October 25, 2003 to October 26, 2003. 

Supervisor Daly, seconded by Supervisor Ammiano, moved that this Motion be AMENDED. The motion carried by 
the following vote: 

Ayes: 8 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin 

Noes: 1 - Hall 

Absent: 2 - Newsom, Sandoval 

Motion reversing the decision of the Director of the Department of Parking and Traffic and approving the 
requested temporary closure of Mission Street, between 24th and 25th Streets, on October 26, 2003 (7am to 
7pm), for Immigrant Pride Day. (Clerk of the Board) 

Motion No. M03-169 

APPROVED AS AMENDED by the following vote: 

Ayes: 8 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin 

Noes: 1 - Hall 

Absent: 2 - Newsom, Sandoval 



PUBLIC COMMENT 



Frederick Hobson, General Assistance Issues 
Vernon Jenkins, Public Health 
Abdula Megaheed, General Comments 



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. 



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Meeting Minutes 



Tuesday, September 16, 2003 



031509 [Legislative Analyst Request - Status of 8 remaining single-screen movie theaters in San Francisco] 
Supervisors Peskin, Newsom, Gonzalez 

Motion requesting the Office of Legislative Analyst to report on the status of 8 remaining single-screen movie 
theaters in San Francisco and the feasibility of the proposal by Save the Theaters to renovate, rehabilitate and 
utilize these theaters to create an environment that will help to develop and ultimately expand a purely 
independent film industry in the City of San Francisco. 

APPROVED by the following vote: 

Ayes: 8 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin 
Absent: 3 - McGoldrick, Newsom, Sandoval 



FOR ADOPTION WITHOUT COMMITTEE REFERENCE 



031512 



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

[Extension of SRO Hotel Safety and Stabilization Task Force] 
Supervisors Ammiano, Gonzalez 



Resolution extending the operations of the Single Room Occupancy (SRO) Hotel Safety and Stabilization Task 
Force through December 3 1 , 2004. 

Resolution No. 608-03 
ADOPTED 

031513 [Ciaran Ferry] 
Supervisor Daly 

Resolution urging the Bureau of Customs and Immigration to grant asylum to Ciaran Ferry. 

Resolution No. 609-03 
ADOPTED 

031496 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

Motion No. M03-164 

APPROVED 

031520 [Final Map for a 5 Unit Residential Condominium Project] 

Motion approving Final Map of 3284 San Bruno Avenue, A Residential Condominium Project, being a 
subdivision of Lot 10 in Assessor's Block No. 6157, and adopting findings pursuant to Planning Code Section 
lOLl. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,368; District 10.) 

Motion No. M03-165 

APPROVED 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



031521 [Final Map for an 31 Unit Live Work/Commercial Condominium Project] 

Motion approving Final Map of 380 10th Street, a Live Work/Commercial Condominium Project, being a 
subdivision of Lot 86 in Assessor's Block No. 3520, and adopting findings pursuant to Planning Code Section 
101.1. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,371; District 6.) 

Motion No. M03-166 

APPROVED 



The foregoing items were acted upon by the following vote: 

Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin 
Absent: 4 - Ammlano, McGoldrick, Newsom, Sandoval 

Severed From Without Reference to Committee Agenda 

031514 [Authorizing transfer of funds and management oversight from DPW to MOCD] 
Supervisor Gonzalez 

Resolution authorizing transfer of funds and management oversight from the Department of Public Works to 
the Mayor's Office of Community Development. 

REFERRED to the Finance and Audits Committee. 



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). For such 
resolutions to be considered, the Board must first adopt the following two motions. 



[Purely Commendatory Finding] 
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. 

Supervisor Daly, seconded by Supervisor Dufty, moved ADOPTION of the Commendatory Finding. The motion 
carried by the following vote: 

Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin 
Absent: 4 - Ammiano, McGoldrick, Newsom, Sandoval 



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Board of Supervisors Meeting Minutes Tuesday, September 16, 2003 



{Brown Act Finding J 

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. 

Supervisor Daly, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act Finding. The motion carried 
by the following vote: 

Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin 
Absent: 4 - Ammlano, McGoldrIck, Newsom, Sandoval 

031555 [Immigrant Workers Freedom Ride] 

Supervisor Daly 

Resolution commending the Immigrant Workers Freedom Ride and the "March for Immigrant Rights" on 
September 20, 2003 in San Francisco, to send off the 106 Bay Area Riders on their historic journey for 
freedom and civil rights for all. 

Resolution No. 610-03 

ADOPTED by the following vote: 

Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin 
Absent: 4 - Ammlano, McGoldrick, Newsom, Sandoval 



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OFF-AGENDA LEGISLATION 



Ordinances 

022031 [Zoning Map Amendment] 
Supervisor Maxwell 

Ordinance amending Section Maps 8 and 8SU of the Zoning Map of the City and County of San Francisco for 
the property described as Assessor's Blocic 3978, Lot 1, bounded by Rhode Island Street, 17th Street, Kansas 
Street and Mariposa Street, from M-1 (Light Industrial) to NC-3 (Moderate-Scale Neighborhood Commercial 
District) and the 17th and Rhode Island Street Grocery Store Special Use Subdistrict; adopting findings. 

(9/16/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing new title; companion measure 

to File 022032.) 

12/16/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 

1/15/2003. 

12/30/02, REFERRED TO DEPARTMENT. Transmitted to Planning Conunission for public hearing and 

recommendation. 

2/4/03, TRANSFERRED to Land Use Committee. New committee structure 2/17/03. 

8/26/03, RESPONSE RECEIVED. Planning Commission Resolution No. 1 663 1, adopted August 21, 2003, 
recommending approval. 

9/10/03, RESPONSE RECEIVED. Final Environmental Impact Report; Final Supplemental Environmental 
Impact Report. 

9/16/03, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing a new title. 
9/16/03, ASSIGNED to Land Use Committee. 



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022032 [17th and Rhode Island Street Grocery Store Special Use Subdistrict] 
Supervisor Maxwell 

Ordinance amending the San Francisco Planning Code by adding Section 781.10 to create the 17th and Rhode 
Island Street Grocery Store Special Use Subdistrict, applicable to the newly rezoned NC-3 block (previously 
M-1) bounded by 17th Street, Rhode Island Street, Mariposa Street and Kansas Street (Assessor's Block 3978, 
Lot 1), to permit a neighborhood grocery store at 17th and Rhode Island and amending the Section 712 Zoning 
Control Table; adopting findings. 

(9/16/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing new title.) 

12/16/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 

1/15/2003. 

12/30/02, REFERRED TO DEPARTMENT. Transmitted to Planning Commission for public hearing and 

recommendation. 

2/4/03, TRANSFERRED to Land Use Committee. New committee structure 2/17/03. 

8/26/03, RESPONSE RECEIVED. Planning Commission Resolution No. 16632, adopted August 21, 2003, 

recommending approval, and amendment to Prohibit Nighttime Entertainment uses. 

9/10/03, RESPONSE RECEIVED. Final Environmental Impact Report; Final Supplemental Environmental 

Impact Report. 

9/16/03, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title. 

9/16/03, ASSIGNED to Land Use Committee. 

031545 [Agreement to Exchange of Property and Settlement of Lawsuit - William F. Spiers dba Spiers 
Construction Company] 

Supervisors Hall, Dufty 

Ordinance authorizing an agreement to exchange vacant land uphill from Edgehill Park for the City's property 
on Portola Drive; adopting findings that the exchange agreement is categorically exempt from environmental 
review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 
1 01. 1; authorizing the Director of Property to execute documents, make certain modifications and take certain 
actions in furtherance of the exchange agreement; and authorizing settlement of the lawsuit entitled City and 
County of San Francisco v. William F. Spiers dba Spiers Construction Company, filed on November 29, 2001 
in San Francisco Superior Court, Case No. 401-800, for an injunction requiring removal of Spiers' fence 
blocking access to Edgehill Park, for dismissal of Spiers' cross-complaint for quiet title, and for the exchange 
agreement. 

(Public Benefit Recipient.) 

9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

031546 [Requiring members of Veterans Affairs Commission to be honorably discharged veterans] 
Supervisor Hall 

Ordinance amending the San Francisco Administrative Code, Section 5.102, requiring that all members of the 
Veterans Affairs Commission be honorably discharged veterans from the armed forces of the United States of 
America as evidenced by a discharge sheet or other equivalent written evidence of honorable discharge, or be 
veterans discharged from the armed forces of the United States of America on account of sexual orientation. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 



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031557 [Underground District - Cow Hollow] 
Supervisor Newsom 

Ordinance creating Underground District No. 360 in Cow Hollow. 

(No Public Benefit Recipient.) 

9/16/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031558 [Cultural and Historical Facilities General Obligation Bonds] 
Supervisor Hall 

Ordinance determining and declaring that the public interest and necessity demand improvements in the City 
and County of San Francisco consisting of financing the acquisition, rehabilitation, renovation, improvement, 
construction or preservation of cultural and historical facilities owned by the City and County of San Francisco 
and paying all other costs necessary and convenient for effectuating those purposes, that the estimated cost of 
approximately $267,000,000 for the improvements described above is and will be too great to be paid out of 
the ordinary annual income and revenue of the City and County and will require incurring bonded indebtedness 
of $7 1 ,000,000; finding that the proposed project is in conformity with the priority policies of Planning Code 
Section 101.1(b) and the General Plan consistency requirement of Administrative Code Section 2A.53; waiving 
the time limits set forth in Sections 2.31 and Sections 2.34 of the Administrative Code. 

(Fiscal impact.) 

9/16/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

Resolutions 

031548 [Purchase from the S.F.Unified School District of Real Property located at 380 Bacon St., San Francisco 
for the Public Library] 

Mayor, Supervisor Ammiano 

Resolution authorizing the execution and performance of an Agreement of Purchase and Sale for Real Estate 
between the City and County of San Francisco and the San Francisco Unified School District (the "Seller" or 
"District"), for the purchase of real property and improvements located at 380 Bacon St., San Francisco (being 
a portion of Block 5983), for use as the Portola Branch Library of the San Francisco Public Library; adopting 
findings under the California Environmental Quality Act; and adopting findings that the conveyance is 
consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 1 01.1. 

(Fiscal impact; No Public Benefit Recipient.) 

9/16/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031549 [Mixed-use development of affordable housing and a City office building at 10th and Market Streets] 
Supervisors Daly, Dufty 

Resolution endorsing a term sheet describing the key terms and conditions of a mixed-use development project 
at 10th and Market Streets including affordable and market rate housing and a new City office building, and 
urging City staff to proceed with the preparation of agreements effectuating such a project. 
9/16/03, RECEIVED AND ASSIGNED to Land Use Committee. 



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031551 [Eminent Domain - Resolution of Necessity - 701 Lombard Street] 
Supervisor Peskin 

Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain 
for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code 
Section 101.1. 
9/16/03, RECEIVED AND ASSIGNED to Board of Supervisors. 

9/16/03, SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole on October 7, 

2003, at 3:00 p.m. 

9/20/03- Notice of Public Hearing for October 7, 2003 published in the SF Independent . 

9/22/03 - Certified copies of letters sent with a copy of Notice of Public Hearing and a copy of draft 

Resolution authorizing acquisition of Assessor's Lot 001 in Asssessors Block 0074 located in San Francisco to 

the following: 

(Brian M. O'Flynn, Martin J. Coyne, Randolph J. Pritel, Jim Reuben, Attorney at Law, "Telegraph Hill 

Neighborhood Associates, c/o Deniise McCarthy) 

9/22/03 - Affidavit of Notification of certified letters being sent. 

p.m. 

10/10/03 - Received background correspondence from Allan E. Low, Attorney, Luce Forward, Attorneys at 

Law. Copies distributed to each Board Member. 

10/2/03 - Received correspondence from Allan E. Low, Luce Forward, Attorneys at Law representing the 

owners of 701 Lombard Street. Clerk's staff distributed to each Supervisor. 

10/6/03 - Copy of correspondence received from Allen E. Low, Attorney at Law, addressed to Isabel Wade, 

Parks, Recreation and Open Space Advisory requesting that the matter calendared before PROSAC be 

continued. Staff distributed copies to each Board Member. 

10/6/03 - Copy of correspondence received from Allen Low, Attorney at Law, requesting the Board to allow 

the withdrawal of the CEQA appeal and proceed with the hearing on the Eminent Domain issue on October 7, 

2003. Staff distributed copies to each Board Member. 

10/10/03 - Received background correspondence received from Allen Low, Attorney at Law. Copies 

distributed to each Board Member. 

10/17/03 - Received supplemental letter from Allen Low, Attorney at Law. Copies distributed to each Board 

Member. Copies sent by Allen Low, Attorney to Planning Department, Recreation and Parks Department, Real 

Estate Department, City Attorney, Reuben & Alter and owners of property. 

1 1/19/03 - Received correspondence from Brian Murphy O'Flynn, distributed to all Supervisors. 

1 1/24/03 - Received copy of correspondence, addressed to the from City Attorney, from David Silverman, 

Reuben & Alter, attorney for project sponsor regarding the rescheduling of the Negaitive Declaration Appeal. 

Copies were distributed to each Board member. 

12/8/03 - Received correspondence from Luce Forward, Attorneys at Law representing the project sponsor 

regarding the acquistion by Eminent Domain of 701 Lombard Street. Copies were distributed to Board 

members. 

12/8/03 - Received a response regarding the appeal of the Negative Declaration from Alter & Reuben, 

representing project sponsors. Copies were distributed to Board members and hand delivered to Planning 

Department. (File Nos. 031840) 

031556 [Investigate the closure of Real Food Co. on 24th Street in Noe Valley] 
Supervisors Dufty, Ma, Hall 

Resolution requesting NLRB and DBI and other appropriate agencies to investigate the closure of Real Food 
Co. on 24th Street in Noe Valley. 

9/16/03, RECEIVED AND ASSIGNED to City Services Committee. Sponsor requests this item be scheduled 
for consideration at the September 25, 2003 meeting. 



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031566 [Interim Controls Regulating Certain Industrially-Zoned Properties on Third Street Between Islais 
Creek and Paul Avenue] 
Supervisors Maxwell, Gonzalez 

Resolution adopting interim controls that would subject the following properties on Third Street between Islais 
Creek and Paul Avenue, which are currently zoned M (Industrial), to the more restrictive controls of NC-3 
(Moderate-Scale Neighborhood Commercial) for a period of twelve months: Assessor's Block 4501, Lots 001, 
003, 004, and 005; Block 4881, Lots 012, 018, 022, and 024; Block 4912, Lot 006; Block 4940, Lots 012A, 
012B, and 024; Block 521 1, Lots 027 and 028; Block 5217, Lot 001; Block 5225, Lot 010; Block 5226, Lots 
025, and 028; Block 5235, Lots 003 and 01 1; Block 5242, Lots 021, 022, 023, 024, and 042; Block 5253, Lots 
003, 008, 029, 030, 031, 032, 033, and 034; Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036; Block 
5272. Lots 045 and 048; Block 5279, Lots 001, 002 and 003; Block 5414, Lots 005, 006, 007, 008, 025, 026, 
027, 028, and 030; Block 5418, Lots 001, 002, and 010; Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 
016, 017, and 018; Block 5421, Lot Oil; Block 5429, Lot 002; Block 5431 A, Lots 001, OOIM, OOIU, 001 V, 
and 004; adopting findings pursuant to Planning Code Section 101.1. 
9/16/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031578 [Acquisition of a New Voting System] 
Supervisor Gonzalez 

Resolution encouraging the Department of Elections to issue a Request For Proposals for touch screen voting 
equipment that will accommodate Ranked Choice Voting. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

031570 [Walk to School Day] 
Supervisors Ma, Dufty 

Resolution declaring October 8, 2003 as "Walk Our Children to School Day" in the City and County of San 

Francisco. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031571 [Commending the Sunset District Neighborhood Coalition and the Sunset Artists' Society] 
Supervisors Ma, Sandoval 

Resolution commending the Sunset District Neighborhood Coalition and the Sunset Artists' Society for their 
work organizing the 9th Annual Sunset Community Festival. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031572 [Latino Heritage Month] 
Supervisors Ma, Dufty, Sandoval 

Resolution declaring September 2003 as "Latino Heritage Month" in the City and County of San Francisco. 
9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



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031577 [STOP Intersection.] 
Supervisor Newsom 

Resolution designating the intersection of Aiemany Boulevard and Lawrence Street as an all "STOP" 
intersection. 

STOP SIGNS - ESTABLISH 

Aiemany Boulevard and Lawrence Street, making this intersection an all way stop. 

9/16/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031579 [Mental Health Services Act] 
Supervisor Ammiano 

Resolution endorsing the California Mental Health Services Act Initiative for the November 2004 statewide 

ballot. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031580 [UC Berkeley Extension Photography Program] 
Supervisor Ammiano 

Resolution urging the UC Berkeley Extension to maintain a Photography Program and darkroom in San 

Francisco. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031581 [Supporting International Arts Festival 2005] 
Supervisors Ammiano, Daly 

Resolution supporting International Arts Festival 2005 in San Francisco, strategically promoting this important 
resource to potential partner governments from around the world to help stimulate economic activity, foster 
meaningful cultural exchange and develop more earned income opportunities for our artists. 
9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031582 [Commending the 120th Anniversary of Immaculate Conception Academy] 
Supervisors Dufty, Hall 

Resolution commending the 120th Anniversary of Immaculate Conception Academy for its dedicated mission 
of educating young San Franciscans and its contributions to the Mission District and greater City community. 
9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



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031583 [Commending SFPD Captain Michael Yalon] 

Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, 
Sandoval 

Resolution commending San Francisco Police Department Captain Michael Yalon. 

9/16/03. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031584 [Commending SFPD Captain Dan Lawson] 

Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, 
Sandoval 

Resolution commending San Francisco Police Department Captain Dan Lawson. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031585 [Establishment of Little Saigon in the Tenderloin] 
Supervisors Daly, Ma 

Resolution supporting the establishment of Little Saigon as a Vietnamese cultural and commercial center in the 

Tenderloin. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031586 [Mental Health Services Act] 
Supervisor Newsom 

Resolution urging the voters of the State of California to pass the Mental Health Services Act. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031587 [Clay and Arguello Streets] 
Supervisor Newsom 

Resolution urging the Department of Parking and Traffic to paint the crosswalk running North to South on 
Arguello and place intersections at Clay crossing Arguello on the North side. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031588 [Changing the name of Pardee Alley in North Beach to "Jack Micheline Place"] 
Supervisors Peskin, Gonzalez, Daly, McGoldrick 

Resolution changing the name of Pardee Alley in North Beach to "Jack Micheline Place", in recognition of the 
late Jack Micheline's artistic contributions to the community of North Beach and the City of San Francisco. 
9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



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031589 [Stop Sign Designation - Greenwicli and Powell Streets] 
Supervisor Pesliin 

Resolution urging the installation of tour-way Stop signs at the intersection of Greenwich and Powell Streets. 
9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031590 [Extension of Planning Commission Review Period] 
Supervisor Peskin 

Resolution extending for an additional 30 days the prescribed time within which the Planning Commission may 
render its decision on a proposed ordinance to amend the San Francisco Planning Code by creating section 
608.15 to establish the Northeast Waterfront Special Sign District, creating Section 609.14 to address 
amortization of nonconforming signs in this District, amending Section 608 and Article 10, Appendix D, 
section 7 to be consistent with the Ordinance, amending the Zoning Map Section Map SSD-1 to show the 
boundaries of this District, and making findings of consistency with the General Plan and priority policies of 
Planning Code section 101.1. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031591 [Opposing the Declawing of Cats] 
Supervisor Sandoval 

Resolution urging pet guardians and veterinarians to discontinue the practice of declawing cats in the City and 
County of San Francisco. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031592 [Commending San Francisco Conservation Corp] 
Supervisor Sandoval 

Resolution commending the San Francisco Conservation Corp for its 20 years of outstanding service to San 

Francisco. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031593 [Commending Richard Ironcloud and Armando Blackbear] 
Supervisors Sandoval, Peskin 

Resolution commending Richard Ironcloud and Armando Blackbear for their swim across San Francisco Bay, 
highlighting the importance of healthy living. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



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031594 [Accept Federal Grant - fiscal year 2003 lead hazard reduction demonstration grant program] 
Mayor 

Resolution authorizing the Mayor of the City and County of San Francisco to accept a grant from the U.S. 
Department of Housing and Urban Development for lead-based paint hazard reduction in a total amount not to 
exceed $4,000,000. 

(No Public Benefit Recipient.) 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 



Motions 



031573 [Extending the San Francisco Zoo Audit Select Committee] 
Supervisor Ma 

Motion extending the San Francisco Zoo Audit Select Committee. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031540 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031544 [Unfinished business from adjourned Board meetings to be scheduled for next regularly scheduled 
Board meeting] 
Supervisor Gonzalez 

Motion amending the Rules of Order of the Board of Supervisors by adding Rule 3.14, which directs that when 
the Board of Supervisors adjourns a meeting of the Board and unfinished items of business remain on the 
agenda for the adjourned meeting, the Clerk of the Board of Supervisors shall reschedule those unfinished 
items of business for the agenda of the next regularly scheduled meeting of the Board. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

031550 [Public Hearing - Eminent Domain] 
Supervisor Peskin 

Motion directing the Board of Supervisors to hold a public hearing on October 7, 2003, at 4:00 p.m. to 
consider adopting a resolution of necessity for the City's proposed acquisition by eminent domain for open 
space of Lot 001 in Assessor's Block 0074, in San Francisco. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. Board to sit as a Committee of the Whole, to hold a public hearing on October 7, 2003, at 
4:00 p.m. 



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031553 [Closed Session - Conference with City Attorney, Significant Exposure to Litigation against the City] 
Supervisor Dufty 

Motion that the City Services Committee of 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 the 
significant exposure to litigation against the City that may arise from the City's implementation of Proposition 
S, approved by the voters of the City and County of San Francisco at the November 5, 2002, consolidated 
general election, which Proposition declares the policy that various City officials explore the possibility of 
establishing a program whereby the City would grow medical cannabis and distribute it to patients attempting 
to exercise their rights under Proposition 215, California's Compassionate Use Act of 1996. 

Government Code Section 54956.9(b)(1) and San Francisco Administrative Code Section 67.10(d) permit this 
closed session. 

9/16/03, RECEIVED AND ASSIGNED to City Services Committee. Sponsor requests this item be calendared 
at the 9/25/03 meeting, closed session with the City Attorney. 

031559 [Amending Domestic Partnership Requirements] 
Supervisors Ammiano, Dufty 

Motion ordering submitted to the voters an ordinance authorizing and amending Chapter 62 of the 
Administrative Code by amending Section 62.1 to update the statement of purpose; repealing Section 62.3(c) to 
eliminate a residency requirement; adding Section 62.10(c) to authorize the Board of Supervisors to amend 
domestic partnership legislation; and adding Section 62.1 1 to add a severability provision at an election to be 
held on March 2, 2004. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

031568 [Calling from the Table Legislative Item 031361 (General Assistance - In-Kind Assistance; Department 
of Human Services Care Fund)] 
Supervisor Newsom 

Motion calling from the table legislative item 03 1 36 1 (General Assistance - In-Kind Assistance; Department of 
Human Services Care Fund) and directing the Clerk of the Board of Supervisors to place item 03 1 36 1 (General 
Assistance - In-Kind Assistance; Department of Human Services Care Fund) on the calendar for the September 
30th, 2003 meeting. 

9/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

Request for Hearings 

031552 [Hearing - Acquisition of Property by Eminent Domain - 701 Lombard Street] 

Hearing of persons interested in or objecting to proposed resolution authorizing acquisition of Lot 001 in 
Assessor's Block 0074 in San Francisco by Eminent Domain for the Neighborhood Park Bond and Open Space 
Programs, and adopting findings under City Planning Code Section lOI.l. (Clerk of the Board) 

(Companion measure to Files 031550, 031551, 031552.) 

9/16/03, SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole on October 7, 

2003, at 3:00 p.m. 



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031554 [Student Safety and Public Transportation] 
Supervisor Ma 

Hearing to review concerns and issues surrounding student safety and public transportation, with particular 
focus on transportation in the area surrounding Galileo High School and to make recommendations for future 
plans to ensure student safety. The hearing shall include, but not limited to, representatives from the SFUSD, 
Police Department, MUNI, the Youth Commission, concerned parents and other interested parties. 
9/16/03, RECEIVED AND ASSIGNED to City Services Committee. 

031563 [Department of Public Health's Report] 
Supervisor Anuniano 

Hearing to consider the Department of Public Health's report and recommendations regarding: Homeless 

Services for Individuals with Mental Health Diagnoses, Substance Abuse Diagnoses, or other Chronic Medical 

Conditions. 

9/16/03, RECEIVED AND ASSIGNED to City Services Committee. 

031564 [Budget Analyst's Management Audit of the Controller's Office.] 
Supervisor Hall 

Hearing to consider the Budget Analyst's Management Audit of the Controller's Office. 
9/16/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031565 [School District] 
Supervisors Gonzalez, Ma 

Hearing to discuss the School District's 30-year effort to desegregate and make equitable public schools 
throughout the district. The discussion should include: 1) the successes and failures of past district policies 
including the 1993 racial caps on enrollment and the 1999 lawsuit settlement mandating racial integration 
without using race; 2) the current district policy of using a diversity index and whether this index is the only 
mechanism the City can utilize to be in compliance with the 1999 settlement; 3) the demographics of those who 
do not get their first choice school; and 4) disparities in quality of facilities, resources, etc. that exists in our 
school district and whether these disparities are giving rise to opposition to the diversity index. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

031595 [San Francisco Housing Study] 
Supervisor Dufty 

Hearing to discuss the findings of the Residential Rent Stabilization and Arbitration Board's comprehensive 
San Francisco housing study authorized by City Ordinance 55-00. 
9/16/03, RECEIVED AND ASSIGNED to Land Use Committee. 

Charter Amendments 



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031541 [Charter Amendment - Authorizing: tax-deferred transfer of vacation and sick leave; amendments to 
Domestic Partnership Ordinance equalizing benefits and obligations of domestic partners and spouses; 
providing military leave compensation.] 

Supervisor Newsom 

Charter amendment (First Draft) to amend Section A8.400 (h) to allow for employees called to active duty to 

receive supplemental compensation for a period to be specified by ordinance. 

9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 

031542 [Charter Amendment - Reclassify Deputy Sheriffs as Safety Employees Covered Under Charter Section 
A8.590-letseq.] 

Supervisors Ma, Daly, Dufty 

Charter amendment (First Draft) to amend Sections A8.409 and A8.590 to reclassify Deputy Sheriffs as safety 
employees covered under the labor negotiation provisions set forth in Charter Section A8.590. 
9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 

031543 [Charter Amendment-Tolling Board deadlines during recess, reducing votes required when Board 
members are disqualified, limiting hold-over appointments, setting deadlines for police and fire 
negotiations, and re-naming the Commission on Aging.] 

Supervisor Gonzalez 

Charter Amendment (First Draft) to amend Section A8.590 to provide for timelines for completion of Police 
and Fire negotiations identical to those already in place for other employee labor negotiations under Charter 
Section A8.409. 
9/15/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 

031547 [Charter Amendment - Tax-deferred transfer of accrued vacation, sick leave and other compensation to 
employees] 
Supervisor Sandoval 

Charter amendment (First Draft) to add Section A8.599 to authorize the City and County to establish plans for 

the tax-deferred treatment of accrued compensation payable to employees. 

9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 

031560 [Charter Amendment - Appointment of a City Engineer responsible for the design and construction 
management of all public buildings and public works] 
Supervisor Ammiano 

Draft Charter amendment to amend section 4.130 relating to the Department of Public Works and appointment 

of a City Engineer. 

9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031561 [Charter Amendment - Allowing the City to reduce the minimum police stafTmg level after conducting a 
study of which positions could be filled by civilian personnel rather than sworn officers.] 
Supervisor Ammiano 



031562 



Charter amendment (First Draft) to amend Section 4.127 and to add Section 16.123, to: increase the minimum 
police staffing level by 188 officers to include Airport Police; provide for a study of which positions in the 
Police Department could be filled by civilian personnel rather than sworn officers; allow the City to reduce the 
minimum police staffing level for each position it converts from sworn to civilian, without decreasing the 
number of police officers dedicated to neighborhood community policing, patrol, and investigations; and, 
provide that no police officer shall be laid off in order to convert a position from sworn to civilian. 
9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2006. 

[Charter Amendment - Retirement System benefits for domestic partners] 
Supervisors Ammiano, Dufty 

Charter amendment (First Draft) to add Section A8.500-3 so that domestic partners are treated exactly the same 

as spouses for benefits under the Retirement System. 

9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 



031567 [Charter Amendment - San Francisco Department of Public Health] 
Supervisors Daly, Gonzalez 

Draft Charter Amendment to add Article VIIIC, to provide additional fiscal authority to the Health 
Commission and require greater qualifications of Health Commissioners, designate universal healthcare as the 
Department's top advocacy priority, establish a baseline funding level for the Department of Public Health and 
for programs helping San Franciscans with chronic illnesses, guarantee the operation of county hospitals and 
clinics, establish levels for trauma care, guarantee culturally competent care through community-based primary 
care clinics, require operation of the Mental Health Rehabilitation Facility, streamline contracting bureaucracy, 
and establish pay equity for nonprofit and City workers performing similar jobs. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

031569 [Charter Amendment - Commission on Aging to Commission on Aging and Adult Services] 
Supervisor Daly 

Charter amendment (First Draft) to amend Section 4. 120 to change the name of the Commission on Aging to 

Commission on Aging and Adult Services. 

9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 

031574 [Charter Amendment - Board of Supervisors to respond to all orders or requests for the production of 
City records under designated state and federal laws] 
Supervisors McGoldrick, Peskin 

Charter amendment (First Draft) to add Section 16.124 to authorize the Board of Supervisors to respond on 
behalf of the City to all orders or requests for the production of information, records, or other tangible things 
held by the City, the disclosure of which could violate the rights of any individuals under the State or Federal 
Constitutions, where the orders or requests are made under laws previously identified by the Board. 
9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 



City and County of San Francisco 



37 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



PROPOSED ORDINANCES 



031490 [Angle Parking] 
Supervisor Daly 

Ordinance amending San Francisco Traffic Code Sections 55 and 132 to prohibit any person from parking or 
standing a vehicle other than at the angle of the curb or edge of roadway indicated by signs or markings, and to 
provide for penalties. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

8/25/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031515 [Settlement of Lawsuit - Jonathan Johnson] 

Ordinance authorizing settlement of the lawsuit filed by Jonathan Johnson against the City and County of San 
Francisco for $150,000; the lawsuit was filed on June 11, 2001 in San Francisco Superior Court, Case No. 322- 
080; entitled Jonathan Johnson, et al., v. City and County of San Francisco, et al; other material terms of said 
settlement are the waiver of the San Francisco General Hospital medical lien in the amount of $29,28 1.37. 
(City Attorney) 

(Public Benefit Recipient.) 

9/4/03, RECEIVED AND ASSIGNED to Rules Committee. 



PROPOSED RESOLUTIONS 



031444 [Contract funds for SFHIV Vaccine Clinical Trials Unit, 2003 to 2004] 
Supervisors Dufty, Daly 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement in the amount of $405,101 with Public Health Foundation Enterprises Inc. (PHFE), the primary 
contractor, to fund the fourth year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a 
unit of the HIV Vaccine Trials Network (HVTN); for the period of June 1, 2003 to May 31, 2004. (Public 
Health Department) 

(No Public Benefit Recipient.) 

8/19/03, RECEIVED AND ASSIGNED to City Services Committee. Department requests this item be 

scheduled at the September 18, 2003 meeting. 

031453 [FY 2003-2004 State grant funds to the Department of Public Health from the California Department of 
Health Services] 
Supervisors Dufty, Daly 

Resolution authorizing the acceptance and expenditure of State recurring grant funds by the San Francisco 
Department of Public Health for FY 2003-2004. (Public Health Department) 

(No Public Benefit Recipient.) 

8/21/03, RECEIVED AND ASSIGNED to City Services Committee. Department requests this item be 

scheduled at the September 18, 2003 meeting. 



City and County of San Francisco 



38 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031454 [Treatment of Latent Tuberculosis Infection in refugees newly arriving in San Francisco.] 
Supervisors Dufty, Daly 

Resolution authorizing the San Francisco Department of Public Health, Newcomers Health Program (SFDPH, 
Newcomers) to accept and expend retroactively a new continuing grant in the initial amount of $45,000, from 
the State Department of Health Services, Refugee Health (DHS, RH) to improve treatment of Latent 
Tuberculosis Infection (LTBI) in refugees newly arriving in San Francisco; for the period of August 1, 2003, to 
June 30, 2004. (Public Health Department) 

(No Public Benefit Recipient.) 

8/22/03, RECEIVED AND ASSIGNED to City Services Committee. Department requests this item be 

scheduled for consideration at the September 18, 2003 meeting. 

031489 [Emergency Repairs] 

Resolution authorizing the expenditure of funds for emergency repairs of the Early Intake Switchback Road at 
Hetch Hetchy, at an estimated cost of $2,000,000. (Public Utilities Commission) 

(No Public Benefit Recipient.) 

8/29/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031493 [Accept-Expend Federal Grant] 
Supervisor Dufty 

Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of 
$2 11, 975 from the Federal Emergency Management Agency (FEMA) to acquire 208 one-hour Self-Contained 
Breathing Apparatus (SCBA) Air Bottles, a mobile breathing air compressor unit, and a portable auxiliary 
communication repeater unit. (Fire Department) 

(No Public Benefit Recipient.) 

8/19/03, RECEIVED AND ASSIGNED to City Services Committee. 

031494 [Contracting for Security Guard Services at 1680 Mission Street for fiscal year 2003-2004] 

Resolution concurring retroactively with the Controller's determination that security guard services can 
practically be performed at the Bureaus of Construction Management and Engineering Offices at 1680 Mission 
Street by private contractor for a lower cost that if the services were performed by City employees. (Public 
Works Department) 

(No Public Benefit Recipient.) 

8/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031511 [Settlement of Claim - Eric M. Hansen] 

Resolution approving the settlement of the unlitigated claim filed by Eric M. Hansen against San Francisco for 
$52,500; claim was filed on October 8, 2002. (City Attorney) 

(Public Benefit Recipient.) 

9/4/03, RECEIVED AND ASSIGNED to Rules Committee. 



City and County of San Francisco 



39 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



031517 [Agreement to Sell 418-420 Jessie Street] 
Supervisors Dufty, Daly, Hall 

Resolution approving and autiiorizing an agreement with Martin McNerney Development, Inc. dba Martin 
Building Company, Inc. for the sale of real property consisting of a former fire station on the first and second 
floors and vacant warehouse space on the upper six floors, for a purchase price of $2,900,000; finding that 
competitive bidding is impractical or impossible; adopting findings pursuant to the California Environmental 
Quality Act; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority 
Policies of City Planning Code Section 101. 1; and authorizing the Director of Property to execute documents, 
make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) 

(Public Benefit Recipient.) 

9/3/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031518 [Accept-Expend Federal Grant] 
Supervisor Dufty 



031519 



Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of 
$25,000 from the Environmental Protection Agency to provide training to municipal staff involved in 
construction and renovation of municipal buildings on Leadership in Energy and Environmental Design 
(LEEDTM) sustainable building standards and to develop a database to track municipal green building projects 
and their environmental benefits to the City and County of San Francisco. (Environment) 

(No Public Benefit Recipient.) 

9/5/03, RECEIVED AND ASSIGNED to City Services Committee. 

[Refugee County Plan] 

Resolution approving the San Francisco Federal Fiscal Year 2003 Refugee County Plan. (Private Industry 
Council) 

(No Public Benefit Recipient.) 

9/4/03, RECEIVED AND ASSIGNED to City Services Committee. 



031525 [Agreement for Tolling of Statute of Limitations Governing Lawsuit] 

Resolution approving the City Attorney's entry into a tolling agreement governing suit by plaintiff Natasha 
Madaris entitled Natasha Madaris v. San Francisco Unified School District and City and County of San 
Francisco, Case No. 417-848. (City Attorney) 
9/5/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



City and County of San Francisco 



40 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 16, 2003 



i 



Requests Granted 



From: Supervisor Sandoval 

To: Edwin Lee, Director of Department of Public Works 

Requesting/Inquiring: Inquiring about the feasibility of continuing sidewalk on Alemany Blvd between 

Trumbull and Congdon Streets to protect pedestrians from traffic. Currently, the sidewalk on Alemany Blvd. 

ends at Trumbull Street and does not resume until Congdon Street. Due to the high volume of traffic on 

Alemany Blvd., a sidewalk connecting Trumbull and Congdon streets is necessary. 

Also requesting the Clerk of the Board send a copy of this letter and its response to: 

Carol Antrocelli 

224 Oxford Street 

San Francisco. CA 94134 

From: Supennsor Hall 

To: Recreation and Park Department 

Requesting/Inquiring: Are swimmers still able to purchase discount tickets at Sava Pool? Does the 

Department have discount tickets still available for purchase? Where are those tickets sold? 



\ 



From: Supervisor Newsom 

To: Gerald R. Norman, Department of Parking and Traffic 

Requesting/Inquiring: Inquiring of an evaluation of traffic along Laurel Street between Euclid and California 

Streets for pedestrian and vehicular safety improvements. 



In Memoriams 



James Halm (Supervisor Dufty) 

Timothy O'Donnell (Super\'isor Hall) 

Marie McAuliffe McKeever (Supervisor Hall) 

Michael Hallinan (Supervisor Hall, Gonzalez) 

C. H. Sisson (Supervisor Gonzalez) 

Linda Rousell Bartholemew (Supervisor Newsom) 



\ 



City and County of San Francisco 



41 



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Board of Supervisors 



Meet inn ^Jinutes 



Tuesday, September 16, 2003 



ADJOURNMENT 



There being no further business, the Board at the hour of 5:30 a.m. adjourned. 
Gloria L Young, Clerk of the Board 



N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, 
but not necessarily the chronological sequence in which the matters were taken up. 

Approved by the Board of Supervisors on October 7, 2003. 

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 slated and was approved 
as recited. 



Gloria L. Young 
Clerk of the Board 



City and County of San Francisco 



42 



Printed at 1:20 PM on 1/9/2004 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 



>3 



MEETING MINUTES 



Tuesday, September 23, 2003 2:00 PM 
Legislative Chamber - Second Floor 
City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 



DOCUMENTS DEPT. 
JAN 1 2 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



Regular Meeting 



MA TT GONZALEZ, PRESIDENT 

TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GA VIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 

Agendas of the Board of Supervisors are available on the internet at www.ci.sfca.us/bdsupvsrs 



BOARD COMMITTEES 



Committee Membership 

Budget Committee 



Supervisors Daly, Peskin, Maxwell. Ma, Gonzalez 

City and School District Select Committee 

Supervisors Maxwell, Ammiano, Ma, Commissioners Cruz, Sanchez, Kelly 



Meeting Days 

Thursday 
1:00 PM 



2nd Monday, bi-monthly 
4:00 PM 



City Services Committee 

Supervisors Dufty. Ma, Newsom 

Finance and Audits Committee 

Supervisors Peskin, Sandoval, McGoldnck 

Land Use Committee 

Supervisors McGoldnck, Maxwell, Ammiano 

Rules Committee 

Supervisors Hall. Dufty, Gonzalez 



Thursday 
9:30 AM 

Wednesday 
12:30 PM 

Monday 
1:00 PM 

Wednesday 
9:30 AM 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair. of the Committee 

Volume 98 Number 32 



Board of Supervisors Meeting Minutes Tuesday, September 23, 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldnck, Gavin Newsom, Aaron Peskm, Gerardo 
Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting M'as called to order at 2:07 p.m. On the call of the roll, the following 
Supervisor was noted absent. 

Supervisor Ammiano - I 

Quorum present. 

Supervisor Ammiano was noted present at 2:08 p.m. 

COMMUNICATIONS 

There were none. 

CONSENT AGENDA 

Recommendations of the Finance and Audits Committee 

031390 [Lease of Real Property] 
Supervisor Daly 

Resolution authorizing renewal of a lease of real propertv' at 1372 Mission Street, for continued use by the 
Department of Public Health's Saint James Infirmary and STD Program Research Offices (Real Estate 
Department) 

(Public Benefit Recipient.) 

Supervisor Daly requested to be added as sponsor. 

Resolution No. 615-03 

ADOPTED 



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Board of Supervisors Meeliitf; Minnies Tuesday, September 2.1 2003 



131394 (Lease of Real Property] 
Supervisor Maxwell 

Resolution authorizing renewal of a lease of real property at 1360 Mission Street, Suite 400, for continued use 
by the Department of Public Health, Employee Assistance Program. (Real Estate Department) 

(Public Benefit Recipient.) 

Resolution No. 616-03 
ADOPTED 

031403 [Lease of Real Property] 

Supervisors Ammiano, Dufty 

Resolution authorizing renewal of a lease of real property at 1360 Mission Street, Suite 401. for continued use 
b\' the Department ofpublic Health, STD Program Administrative Headquarters. (Real Estate Department) 

(Public Benefit Recipient.) 

Resolution No. 617-03 
ADOPTED 

031435 (Contracting Out City Services] 

Resolution retroactively concurring with the Controller's certification that assistance to certain victims of crime 
and education in community anti-street violence can be practically performed for the District Attorney's Victim 

^ Witness Assistance Program by a private contract at a lower cost than similar work services performed by City 

P and County employees. (District Attorney) 



I 



(Public Benefit Recipient.) 

Resolution No. 620-03 

ADOPTED 

Recommendations of the Land Use Committee 

031436 ]STOF Intersections] 

Resolution designating certain intersections as "STOP" intersections. 

STOP SIGNS - ESTABLISH 

26th and Diamond Streets, stopping Diamond Street, making this intersection an all-way STOP; 

Montecito Avenue and Northwood Drive, stopping Northwood Drive, making this uncontrolled intersection a 

two-way STOP; and 

1 5th Avenue and Noriega Street, south intersection, stopping southbound 1 5th Avenue at Noriega Street, 

making this uncontrolled Y-intersection a one-way STOP. (Parking and Traffic Department) 

(8/6/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPT Order No. 267 1 ; No Public Benefit Recipient.) 

Resolution No. 621-03 

ADOPTED 



Civ,' and County of San Francisco 1018 Printed at 8:57 AM on 10/9/21)0} 



Board of Supervisors 



Meeting Minutes 



Tuesday. September 23, 2003 



031438 ITraffic Regulations) 

Resolution enacting and rescinding traffic regulations on various streets. 

NO U-TURNS - ESTABLISH 

Treasure Island Road, both directions, at McCalla Road. 

LEFT LANE MUST TURN LEFT - ESTABLISH 
Grant Avenue, northbound, at Pine Street. 



NO LEFT TURN, 4 PM TO 6 PM, EXCEPT SUNDAY - RESCIND 
Montgomery Street, northbound, at Broadway. (Parking and Traffic Department) 

(8/6/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPT Order No. 2671; No Public Benefit Recipient.) 



Resolution No. 
ADOPTED 



623-03 



City and Coiinly of San Francisco 



1019 



Prinieilal S:57AM on l(J/9/JU0j 



Board of Supervisors Meeting Minnies Tuesday, September 23, 2003 



[Parking Regulations] 

Resolution enacting and rescinding parking regulations at various locations. 

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH 

9th Avenue, east side, from Lake Street to the north terminus (legislates existing street conditions); 

Diamond Street, west side, from 22nd to 23rd Streets (legislates existing street conditions); 

Wisconsin Street, both sides, from 19th to 20th Streets (legislates existing street conditions); 

Wisconsin Street, west side, from 20th to 22nd Streets (legislates existing street conditions); 

Duboce Avenue, north side, from Castro to Divisadero Streets (legislates existing street conditions); 

Arkansas Street, west side, from 16th to Mariposa Streets (legislates existing street conditions); 

Arkansas Street, east side, from Mariposa to 18th Streets (legislates existing street conditions); 

Arkansas Street, both sides, from 18th to 19th Streets (legislates existing street conditions); 

Arkansas Street, west side, from 19th to 20th Streets (legislates existing street conditions); 

Rhode Island Street, east side, from 20th Street to Mariposa Street (legislates existing street conditions); and 

Rhode Island Street, west side, from 19th Street to Mariposa Street (legislates existing street conditions). 

TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND 
Castro Street, east side, from 100 to 230 feet south of Duboce Avenue. 

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH 

Melrose Avenue, along east terminus, east of Foerster Street (adjacent to Sunnyside Playground). 

I -HOUR PARKING METERS. 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH 
California Street, north side, from Locust Street to 23 1 feet easterly (commercial frontage only, up to 3440 
California Street) 

TOW-AWAY, NO PARKFNG ANYTIME - ESTABLISH 

Farrugut Avenue, north side, from Alemany Boulevard to the western terminus. 

RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY 

THROUGH FRIDAY) - ESTABLISH 

1 8th Street, both sides, between Clover and Douglass Streets (4500 block). 

NO PARKFNG ANYTIME - RESCIND 

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH 

Langton Street, east side, between Folsom and Harrison Streets. 

1-HOUR PARKFNG, 7 AM TO 6 PM, EXCEPT SUNDAY - RESCIND 

RESIDENTIAL PERMIT PARKING AREA "I" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY 

THROUGH SATURDAY) - ESTABLISH 

Julian Avenue, both sides, between 15th and 16th Streets. 

RESIDENTIAL PERMIT PARKING AREA "I" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY 

THROUGH SATURDAY) - ESTABLISH 

Rondel Place, both sides, between 16th Street and south terminus. (Parking and Traffic Department) 

(8/6/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPT Order No. 2671; No Public Benefit Recipient.) 

Resolution No. 622-03 
ADOPTED 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 23, 2003 



Recommendation of the Rules Committee 

031432 [Settlement of Lawsuit - Arcadia Machine & Tool Inc. et al.| 

Ordinance authorizing tiie partial settlement of the lawsuit filed by the San Francisco City Attorney against 
certain manufacturers, distributors and dealers of firearms, and their trade associations; the settling defendants 
are Traders Sports, Inc., Southern Ohio Gun Distributors, EUett Brothers Inc., and MKS Supply Inc.; these 
settling defendants agree to the entry of stipulated judgments that will reform their firearm distribution 
practices, and to pay S70,000; the lawsuit was filed on May 25, 1999 in San Francisco Superior Court, Case 
No. 303-753, and later coordinated with similar actions in the San Diego Superior Court as part of J.C.C.P. 
4095; entitled People of the State of California ex rel Herrera et al. v. Arcadia Machine &. Tool Inc. et al. (City 
Attorney) 

(No Public Benefit Recipient.) 
PASSED, ON FIRST READING 



The foregoing items were acted upon by the following vote: 

Ayes; 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Severed from Consent Agenda 

Supervisor Daly requested that this matter be severed so that it could be considered separately. 
031465 IGrantof Federal Funds] 
Mayor 

Resolution authorizing the Municipal Transportation Agency Board to accept and expend $48,094,526 of 
Federal Formula Section 5307 and Surface Transportation Program (STP) Capital Assistance for San Francisco 
Capital Projects and activities, excluding Administrative Overhead Costs. 

(No Public Benefit Recipient.) 

Supervisor Daly requested to divide the question to consider on page 3, line 16 "Motor Coach Replacement. " 

separately. 

The divided question on Motor Coach Replacement failed by the following vote: 

Ayes: 3- Ammiano, Daly, Gonzalez 

Noes: 8 - Dufty, Hall. Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Resolution No. 607-03 

ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



REGULAR AGENDA 



UNFINISHED BUSINESS 



City and Coiinly of San Francisco 



1(121 



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8 



Board of Super\'isors Meeting Minutes Tuesday, September 23, 200.1 



Ptecommendation of the Finance and Audits Committee 

031238 [Establishing a Department of Human Services Care Fund] 
Supervisors Hall, Newsom, Peskin 

Ordinance amending the San Francisco Administrative Code by adding Section 10.100-77, to establish a 
Department of Human Services Care Fund, defining terms, identifying revenues, restricting permissible uses, 
providing for verification and adjustment of appropriations, and limiting expenditures in excess of the fund cap. 

(Fiscal impact.) 

Ordinance No. 237-03 

FINALL^ PASSED by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin 
Noes; 2 - McGoldrIck, Sandoval 



NEW BUSINESS 



Recommendations of the Finance and Audits Committee 

J31333 [Making Environmental Findings and Increasing Street Artist Certificate Fee[ 

P Ordinance malting required environmental findings and amending Article 24 of the San Francisco Police Code 

by amending Section 2404.1 to increase the fee for a Street Artist Certificate and amending Section 2404.2 to 
clarify the fee setting procedure. (Arts Commission) 

PASSED ON FIRST READING by the following vote: 

Ayes: 6 - Ammiano, Hall, McGoldrick, Newsom, Peskin, Sandoval 
Noes; 5 - Daly, Dufty, Gonzalez, Ma, Maxwell 

031396 [Appropriate funding to offset the loss of parking revenue for not charging parking in Golden Gate 
ParkI 
Supervisors Daly, Sandoval 

Ordinance appropriating $500,000 from the General Fund Reserve and rescinding $700,000 in parking 
revenues and $200,000 of professional services to offset the loss of parking revenue for not charging for 
parking in Golden Gate Park for Recreation and Parks Department for fiscal year 2003-2004. 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



» 



City and Count}- of San Francisco 1022 Primed al 8:57 AM on 10/9/2(1113 



Board of Supervisors Meeting Minutes Tuesday, September 23, 2003 



031317 |MOU - Police Officers' Association (SFPOA)] 
Mayor, Supervisor Dufty 

Ordinance adopting and implementing the Memorandum of Understanding between the City and Count>' of San 
Francisco and the San Francisco Police Officers' Association (SFPOA), to be effective July 30, 2003 through 
June 30, 2007. 

(Fiscal impact.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031383 [Setting San Francisco's fiscal year 2003-2004 property tax rate and establishing pass-through rate for 
residential tenants] 

Ordinance providing revenue and levying property' taxes for City and County purposes and establishing pass- 
through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending 
June 30, 2004. (Controller) 

PASSED ON FIRST READING by the following vote; 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldnck, Newsom, Peskin, Sandoval 

031388 [Setting San Francisco's Unified School District's FY 2003-2004 property tax rate to be included in the 
City's overall property tax rate] 

Ordinance providing revenue and levying property taxes for San Francisco Unified School District's purposes 
for the fiscal year ending June 30, 2004. (Controller) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031393 [Setting S.F. Community College District's fiscal year 2003-2004 property tax rate to be included In the 
City's overall property tax rate] 

Ordinance providing revenue and levying property taxes for San Francisco Communit>' College District 
purposes for the fiscal year ending June 30, 2004. (Controller) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031395 [Funding from the General Reserve and re-appropriate salaries to fund the October 2003 Recall 
Election] 
Mayor 

Ordinance appropriating $3,232,983 from the General Fund Reserve and re-appropriating $150,000 of 
permanent salaries for a total of $3,382,983 for temporan,' salaries, overtime, fringe benefits, non personal 
services, materials and supplies, and services of other departments associated with the October 2003 recall 
election for Elections Department for fiscal year 2003-2004. 

PASSED ON FIRST READING by the following vote: 

Ayes: 8 - Ammiano, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Peskin 
Noes: 2 - Daly, Ma 
Absent: 1 - Sandoval 



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Tuesday. September 23, 2003 



51400 |MOL! Amendment No 1 - International Brotherhood of Electrical Workers, Local 6| 
Mayor 

Ordinance adopting and implementing Amendment No. I to the Memorandum of Understanding between the 
Cit}' and Count)' of San Francisco and the International Brotherhood of Electrical Workers, Local 6, by adding 
paragraph 149a, which provides for a premium to certain classes providing signal operations at the Department 
of Parking and Traffic, which was inadvertently omitted from the MOU, to be effective July I, 2003 through 
June 30, 2005. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammlano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Newsom, Peskin 
Absent: 1 - Sandoval 

il425 [Appropriate funding for the Art Commission for municipal symphony concerts using property tax 
revenue] 

Ordinance appropriating S23.273 for the municipal symphony concerts using property tax revenue, pursuant to 
Charter Section 1 6. 1 06( I ) for the Art Commission for fiscal year 2003-04. (Controller) 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 -Ammlano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent: 1 - Sandoval 

11270 IContracting out Paratransit Services] 

Resolution concurring with the Controller's determination that paratransit services for the Munucipal 
Transportation Agency can be practically performed by a private contractor at a lower cost than by City and 
County employees. (Public Transportation Commission) 

(Public Benefit Recipient.) 

Resolution No. 613-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent: 1 - Sandoval 

11389 JAmending the Redevelopment Agency Budget for Tax Increments in Mission Bay North and South] 

Resolution amending the budget of the Redevelopment Agency of the City and County of San Francisco for 
fiscal year 2003-2004 to allow the Controller to increase the tax increments distributed to the Redevelopment 
Agency in accordance with the Tax Increment Allocation Pledge Agreements for Mission Bay North and 
Mission Bay South. (Controller) 

(Fiscal impact.) 

Resolution No. 604-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldnck, Newsom, Peskin, Sandoval 



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Board of Supervisors Meeting Minutes Tuesday, September 23, 2003 



031404 IDevelopment of Property Located at Broadway and Battery Streets For Affordable Housing] 
Mayor, Supervisors Peskin, Dufty, Daly, Hall 

Resolution authorizing the Mayor's Office of Housing to enter into a lease disposition and development 
agreement and below market long-term ground lease with Chinatown Communitx' Development Center, a 
nonprofit public benefit corporation, for the development of affordable housing, together with a child care 
center, neighborhood-serving commercial space, and associated parking on real property located on the south 
side of Broadway between Batter}' and Front streets; affirming the Planning Commission's adoption of the 
mitigated negative declaration for the project: adopting environmental findings under the California 
Environmental Quality Act; and adopting findings that the project is consistent with the City's General Plan and 
Eight Priority Policies of City Planning Code Section 101.1. 

(Fiscal impact; Public Benefit Recipient.) 

Supervisors Daly and Hall requested to be added as co-sponsors. 
Resolution No. 605-03 

ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031426 [FY 2003-04 California Constitution Appropriations Limit) 

Resolution establishing the appropriations limit for Fiscal Year 2003-04 pursuant to California Constitution 
Article XIII B. (Controller) 

(Fiscal impact: No Public Benefit Recipient.) 

Resolution No. 618-03 

ADOPTED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031428 [Federal Grant Amendments for Airport Improvement Program] 

Resolution authorizing the Airport Commission to accept amendment to grant agreements offered by the 
Federal Aviation Administration ("FAA") for AIP 16, AIP 17, and AIP 19; and to release grant fund from 
reserve, in the amount of $1,202,977 under AIP 17. (Airport Commission) 

(Public Benefit Recipient.) 

Resolution No. 619-03 
ADOPTED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031464 [Jurisdictional Transfer] 

Mayor, Supervisors Peskin, Dufty, Daly 

Resolution transferring jurisdiction ft^om the Department of Public Works to the Mayor's Office of Housing 
Real Property Identified as Assessor's Block 141. Lot 1 1 for the development of affordable housing: and 
adopting findings pursuant to City Planning Code Section 101.1. 

(Companion measure to File 031404.) 

Supervisor Daly requested to be added as a co-sponsor. 

Resolution No. 606-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent: 1 - Sandoval 

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Board of Supervisors Meeliitfi ^finules Tuesday, September 23. 2003 



> 



1468 [Lease of Real Property] 

Supervisors Hall, Sandoval 

Resolution approving and authorizing a new lease between the City and County of San Francisco, as tenant, 
and the Regents of the University of California, a California corporation, as landlord, of warehouse space at 
626 Forbes Boulevard, South San Francisco. 

(Fiscal impact; Public Benefit Recipient.) 

Supervisor Sandoval noted present at 2:49 p.m. 
Resolution No. 627-03 

ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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Board of Supervisors Meeting Minutes Tuesday, September 23, 2003 



031499 jMunicipal Transportation Agency Leverage Lease Financing) 
Mayor 

Resolution authorizing one or more lease-to-service contract transactions with respect to up to 21 Breda light 
rail cars; approving the form of and authorizing the execution and delivery of a Participation Agreement setting 
forth the terms and conditions of the lease-to-service contract transaction relating to the rail cars; approving the 
form of and authorizing the execution and delivery of a Head Lease Agreement providing the terms and 
conditions pursuant to which the rail cars will be leased to a trust; approving the form of and authorizing the 
execution and delivery of a Head Lease Supplement supplementing the terms and conditions pursuant to which 
specific rail cars will be leased to the trust; approving the form of and authorizing the execution and delivery of 
a Sublease Agreement providing the terms and conditions pursuant to which the trust will lease the rail cars 
back to the Cit}' to be operated and maintained by the City; approving the form of and authorizing the 
execution and delivery of a Sublease Supplement supplementing the terms and conditions pursuant to which the 
City will lease back the rail cars from the trust; approving the form of and authorizing the execution and 
delivery of a Payment Agreement providing the terms and conditions pursuant to which the Cit)' will provide 
for the payment of a portion of the sublease rent; approving the form of and authorizing the execution and 
deliver)' of an Equity Collateral Security Agreement and a Custody Agreement providing the terms and 
conditions pursuant to which the City will provide for a custody account to hold, and a security interest in, 
certain securities for the payment of a portion of the sublease rent and the purchase option purchase price if the 
purchase option is or is deemed exercised; approving the form of and authorizing the execution and deliver)' of 
a Support and Access Agreement providing the terms and conditions pursuant to which the City will provide 
the trust support and access to certain propert)' if the City chooses not to exercise the purchase option; 
approving the form of and authorizing the execution and delivery of an Agreement for Assignment on Default 
which will provide the lender to the trust with an option to purchase, and take an assignment of the equit)- 
investor's beneficial interest in the trust estate upon the occurrence of certain events ; approving the form of 
and authorizing the execution and deliver)' of a Tax Indemnification Agreement providing the terms and 
conditions under which the City will indemnify under certain circumstances the equit)' investor for income 
inclusions or losses of tax benefits; approving the form of and authorizing the execution and deliver)' of an 
Insurance and Indemnity Agreement providing the terms and conditions under which the Cit)' will indemnify 
the strip surety provider; approving indemnification of various parties; acknowledging the waiver of the Cit)''s 
right to jur)' trial under certain circumstances; acknowledging proposed waiver requests pursuant to Sections 
12B.5-l(d) and 12C.5-l(d) of the San Francisco Administrative Code; finding that the lease-to-service contract 
transaction is designed to reduce the amount or duration of payment or similar risk to the City or enhance the 
relationship between risk and return with respect to investments made pursuant to or in connection with such 
transaction; approving and authorizing the execution and deliver)' of any document necessary to implement this 
Resolution; authorizing the execution and delivery of documents in conforming sets for the equity investor; 
ratifying and approving any action heretofore taken in connection with the transaction contemplated by this 
Resolution; and related matters. 

Supervisor Sandoval dissenting. 

Resolution No. 599-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Noes: 1 - Sandoval 

Recommendation of the Land Use Committee 



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Roard of Siiperx'isors Meeliiif; Minutes Tuesday, September 2i, 2003 

031439 [Speed Limit - Potrero Avenue between Brannan and Cesar Chavez Streets) 

w Ordinance adding Section 174.13 and removing Section 175.07 of the San Francisco Traffic Code to reduce 

the speed limit from 30-mph to 25-mph on Potrero Avenue between Brannan and Cesar Chavez Streets. 
(Parking and Traffic Department) 

(No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Peskin, Sandoval 



SPECIAL ORDER 3:30 P.M - Recognition of Commendations 



Privilege of the Floor 

Supervisor McGoldrick, seconded by Supervisor Peskin, 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: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Supervisor McGoldrick introduced, welcomed and presented Certificates of Honor to Members of the Friends 
of Recreation and Parks. 



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Board of Supervisors Meeting Minutes Tuesday, September 23, 2003 



Appointment of President Pro Tempore 

Al the request of the President, Supervisor Sandoval assumed the Chair so the President could participate in 
the debate from the floor concerning the following item. 

The President resumed the Chair shortly thereafter. 

ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdullah Megaheed: Care Not Cash issues 

Richard Robertson; Iraq war issues 

Bob Tomcaslle: rights for members in the military service 

Vernon Jenkins: general issues 

Male Speaker: gratefulness to the Board of Supervisors and more grass roots 

Joan Miller: opposing Item No. 46 Resolution opposing the declawing of cats 

Female Speaker: homeless issues 

Elena: thanked Supervisor Gonzalez staff: Public Access issues 

Male Speaker: free speech issues 

Jim Reuben, owners of 70 1 Lombard Street Item 52, request to send this committee 

Joe O'Donoghue: apposition to Item 52 

Dr. Richard Becker, President of Veterinary Medical Association, opposing Item No. 46 Resolution opposing 

the declawing of cats 

Tom Mack: Veterinary Medical Association, opposing Item No. 46 Resolution opposing the declawing of cats 

Dr. Norman Fried, Veterinary medicine, opposing Item No. 46 Resolution opposing the declawing of cats 

Julie Christiansen: support of Item 52 

Paid Scott: President of Telegraph Hill Dwellers 

Susie Hersch: support of Item 52 

Male speaker: commend City of San Francisco for weekend at the park 

Brian O'Flynn: owner of 701 Lombard Street, opposition to Item 52, request to send to committee 

Joseph: HR 20 and Health Fair for homeless program 

Dr. Chang: support of Item 52 



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Bntinl ofSiiperx'isors Mectiiv^ Minutes Tuesday, September 2.?, 200.^ 



FOR ADOPTION WITHOUT COMMITTEE REFERENCE 

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

Items 31 through 56 

031570 [Walk to School Dayl 
Supervisors Ma, Dufty 

Resolution declaring October 8, 2003 as "Walk Our Children to School Day" in the City and County of San 
Francisco. 

Resolution No. 628-03 
ADOPTED 

031571 ICommending the Sunset District Neighborhood Coalition and the Sunset Artists' Society] 
Supervisors Ma, Sandoval 

Resolution commending the Sunset District Neighborhood Coalition and the Sunset Artists' Society for their 

. work organizing the 9th Annual Sunset Comniunit\' Festival. 

I 

f . Supervisor Sandoval requested to be added as a co-sponsor. 

Resolution No. 629-03 

ADOPTED 

031572 [Latino Heritage Month] 
Supervisors Ma, Dufty, Sandoval 

Resolution declaring September 2003 as "Latino Heritage Month" in the City and County of San Francisco. 
Supervisor Sandoval requested to be added as a co-sponsor. 
Resolution No. 630-03 

ADOPTED 

031579 [Mental Health Services Act] 
Supervisor Ammiano 

Resolution endorsing the California Mental Health Services Act Initiative for the November 2004 statewide 
ballot. 

Resolution No. 631-03 
ADOPTED 



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Board of Supervisors Meeting Minutes Tuesday, September 23. 2003 



031580 [DC Berkeley Extension Photography Program] 
Supervisor Ammiano 

Resolution urging the DC Berkeley Extension to maintain a Photography Program and darkroom in San 
Francisco. 

Resolution No. 632-03 
ADOPTED 

031581 [Supporting International Arts Festival 2005] 
Supervisors Ammiano, Daly 

Resolution supporting International Arts Festival 2005 in San Francisco, strategically promoting this important 
resource to potential partner governments from around the world to help stimulate economic activity, foster 
meaningftjl cultural exchange and develop more earned income opportunities for our artists. 

Supen'isor Daly requested to be added as a co-sponsor. 

Resolution No. 633-03 

ADOPTED 

031582 [Commending the 120th Anniversary of Immaculate Conception Academy] 
Supervisors Dufty, Hall 

Resolution commending the 120th Anniversary of Immaculate Conception Academy for its dedicated mission 
of educating young San Franciscans and its contributions to the Mission District and greater City community. 

Super\'isor Hall requested to be added as a co-sponsor. 

Resolution No. 634-03 

ADOPTED 

031583 [Commending SFPD Captain Michael Yalon[ 

Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, 
Sandoval 

Resolution commending San Francisco Police Department Captain Michael Yalon. 

Resolution No. 635-03 

ADOPTED 

031584 [Commending SFPD Captain Dan Lawson[ 

Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, 
Sandoval 

Resolution commending San Francisco Police Department Captain Dan Lawson. 

Resolution No. 636-03 

ADOPTED 



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Board ofSiipcn'isors Meetinf; Minutes Tuesday, September 23. 2003 



51585 [Establishment of Little Saigon in the Tenderloin] 
Supervisors Daly, Ma 

Resolution supporting the establishment of Little Saigon as a Vietnamese cultural and commercial center in the 

Tenderloin. 

Superx'isor Ma requested to be added as a co-sponsor. 

Resolution No. 637-03 

ADOPTED 

$1586 (Mental Health Services Act] 
Supervisor Newsom 

Resolution urging the voters of the State of California to pass the Mental Health Services Act. 

Resolution No. 638-03 
ADOPTED 

51587 ICIay and Arguello Streets] 
Supervisor Newsom 

Resolution urging the Department of Parking and Traffic to paint the crosswalk running North to South on 
Arguello and place intersections at Clay crossing Arguello on the North side. 

Resolution No. 639-03 

ADOPTED 

31589 [Stop Sign Designation - Greenwich and Powell Streets] 
Supervisor Peskin 

Resolution urging the installation of four-way Stop signs at the intersection of Greenwich and Powell Streets. 

Resolution No. 644-03 
ADOPTED 

31590 [Extension of Planning Commission Review Period] 
Supervisor Peskin 

Resolution extending for an additional 30 days the prescribed time within which the Planning Commission may 
render its decision on a proposed ordinance to amend the San Francisco Planning Code by creating section 
608.15 to establish the Northeast Waterfront Special Sign District, creating Section 609.14 to address 
amortization of nonconforming signs in this District, amending Section 608 and Article 10. Appendix D. 
section 7 to be consistent with the Ordinance, amending the Zoning Map Section Map SSD-1 to show the 
boundaries of this District, and making findings of consistency with the General Plan and priority' policies of 
Planning Code section 101.1. 

Resolution No. 640-03 
ADOPTED 



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Board of Supervisors Meeting Minutes Tuesday, September 23, 2003 



031591 [Opposing the Declawing of Cats] 
Supervisor Sandoval 

Resolution urging pet guardians and veterinarians to discontinue tlie practice of declawing cats in the City and 
County of San Francisco. 

Resolution No. 645-03 

ADOPTED 

031592 [Commending San Francisco Conservation Corp] 
Supervisor Sandoval 

Resolution commending the San Francisco Conservation Corp for its 20 years of outstanding service to San 
Francisco. 

Resolution No. 641-03 

ADOPTED 

031593 [Commending Richard Ironcloud and Armando Blackbear| 
Supervisors Sandoval, Peskin 

Resolution commending Richard Ironcloud and Armando Blackbear for their swim across San Francisco Bay, 
highlighting the importance of healthy living. 

Supervisor Peskin requested to be added as a co-sponsor. 

Resolution No. 642-03 

ADOPTED 

031594 [Accept Federal Grant - fiscal year 2003 lead hazard reduction demonstration grant program] 
Mayor 

Resolution authorizing the Mayor of the City and County of San Francisco to accept a grant from the U.S. 
Department of Housing and Urban Development for lead-based paint hazard reduction in a total amount not to 
exceed $4,000,000. 

(No Public Benefit Recipient.) 

Resolution No. 611-03 
ADOPTED 

031573 [Extending the San Francisco Zoo Audit Select Committee] 
Supervisor Ma 

Motion extending the San Francisco Zoo Audit Select Committee. 

Motion No. M03-I76 

APPROVED 



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Bonnl of Supervisors Meeting Minutes Tuesday, Seplenilier 23, 2003 



51540 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrIck, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

Motion No. M03-174 

APPROVED 

S1529 (Final Map for a 9 Unit Mixed Use Condominium Project] 

Motion approving Final Map of 581 Hayes Street, A Mixed Use Condominium Project, being a subdivision of 
Lot 54, Assessor's Block No. 8 1 8, and adopting findings pursuant to Planning Code Section 101.1. (Public 
Works Department) 

CNo Public Benefit Recipient; DPW Order No. 1 74,38 1 ; District 6.) 

Motion No. M03-171 

APPROVED 

n536 ]Final Map for a 50 Unit Residential Condominium Project] 

Motion approving Final Map of 1 Federal Street, a Residential Condominium Project, being a subdivision of 
Lot 189 in Assessor's Block No. 3774, and adopting findings pursuant to Planning Code Section 101.1. (Public 
Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,383; District 6.) 

Motion No. M03-172 

APPROVED 

51537 JFinal Map for a 192 Unit Residential/Commercial Condominium Project] 

Motion approving Final Map of 200 Brannan Street a Residential/Commercial Condominium Project, being a 
subdivision of Lot 190 in Assessor's Block No. 3774, and adopting findings pursuant to Planning Code Section 
101.1. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,384; District 6.) 

Motion No. M03-173 

APPROVED 



The foregoing items were acted upon by the following vote: 

Ayes; 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Severed from Without Reference to Committee Agenda 

Supervisor Peskin requested that this matter be severed so thai it could be considered separately. 



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Tuesday, September 23, 2003 



031588 (Changing the name of Pardee Alley in North Beach to "Jack Micheline Place") 
Supervisors Peskin, Gonzalez, Dalj, McGoldrick 

Resolution changing the name of Pardee Alley in North Beach to "Jack Micheline Place", in recognition of the 
late Jack Micheline's artistic contributions to the community of North Beach and the City of San Francisco. 

Supervisor Peskin, seconded by Supervisor McGoldrick, moved to amend by replacing "Jack Micheline Place" 
with "Jack Micheline Alley". New Title. 
AMENDED by the following vote: 

Ayes: 11 - Ammlano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Resolution changing the name of Pardee Alley in North Beach to "Jack Micheline Alley", in recognition of the 
late Jack Micheline's artistic contributions to the community of North Beach and the City of San Francisco. 

Supervisors Daly and McGoldrick requested to be added as a co-sponsors. 

Resolution No. 643-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Supervisor Peskin requested that this matter be severed so that it could be considered separately 
031550 [Public Hearing - Eminent Domain] 
Supervisor Peskin 

Motion directing the Board of Supervisors to hold a public hearing on October 7, 2003, at 4:00 p.m. to 
consider adopting a resolution of necessity for the City's proposed acquisition by eminent domain for open 
space of Lot 001 in Assessor's Block 0074, in San Francisco. 

Supervisor Hall, seconded by Supervisor Dufty, moved to send this matter to committee. 

Motion failed by the following vote: 

Ayes: 3 - Dufty, Hall, Ma 

Noes: 8 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Motion No. M03-175 

APPROVED by the following vote: 

Ayes: 9 - Ammiano, Daly, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Noes: 2 - Dufty, Hall 



Supen'isor Daly requested that this matter be severed so that it could be considered separately. 

031568 [Calling from the Table Legislative Item 031361 (General Assistance - In-Kind Assistance; Department 
of Human Services Care Fund)] 
Supervisor Newsom 

Motion calling from the table legislative item 031361 (General Assistance - In-Kind Assistance; Department of 
Human Services Care Fund) and directing the Clerk of the Board of Supervisors to place item 031361 (General 
Assistance - In-Kind Assistance; Department of Human Services Care Fund) on the calendar for the September 
30th, 2003 meeting. 

Supervisor Newsom, seconded by Supervisor Hall, moved that this Motion be APPROVED. The motion FAILED by 
the following vote: 

Ayes: 5 - Dufty, Hall, Ma, Newsom. Peskin 

Noes: 6 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Sandoval 



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Board of Supervisors Meeting Minnies Tuesday, September 23. 2003 

\ 

OFF-AGENDA LEGISLATION 

Introduced bv Super>isors or Mayor 

Ordinances 

030667 [Amending Residential Rent Stabilization and Arbitration Ordinancel 
Supervisors Gonzalez, Daly 

Draft ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration 
Ordinance" by amending Sections 37.3 and 37.9: to prohibit rent increases solely for the addition of 
occupants, even where a pre-existing rental agreement or lease specifically permits a rent increase for 
additional occupants, except that the landlord may petition the Rent Board for a rent increase under Section 
37.8(e)(4) based on the increased cost for an additional occupant [Section 37.3(a)(l 1)]; and to prohibit 
evictions solely for the addition of occupants, up to a maximum of two occupants per habitable sleeping room, 
even where a pre-existing rental agreement or lease prohibits additional occupants, except where this total 
would exceed the number of occupants permitted under other applicable state law and/or other local codes or 
otherwise fail to comply with such other applicable state law and/or local codes (e.g., Planning, Housing and 
Building Codes) [Section 37.9(a)(2)]. 

4/14/03, RECEIVED AND ASSIGNED to Land Use Committee. 
W 9/23/03, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title. 

9/23/03, ASSIGNED to Land Use Committee. 

031603 jGeneration Solar: Residential and Commercial Solar Program] 
Supervisor Ammiano 

Ordinance requiring the Public Utilities Commission and the Department of the Environment in consultation 
with other City departments to implement Generation Solar, a solar program for the residential and commercial 
sectors. 

(No Public Benefit Recipient.) 

9/23/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031607 I Appropriate funding from the General Reserve for Fire Engine 33| 
Supervisors Sandoval, Gonzalez, Peskin 

Ordinance appropriating $1,600,000 from the General Fund Reserve for uniform salaries, premium pay, 

uniform overtime, fringe benefits, and materials and supplies and utilities to fund Fire Engine 33 for fiscal year 

2003-2004. 

9/23/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



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031608 [Taxicab Gate Fees] 
Supervisor Hall 

Ordinance amending Section 1135.1 of the Police Code to provide for extending from November 1 , 2003 to 

January' 1, 2004 the time for sunsetting the higher cap on taxicab gate fees if the Cit>' fails to enact an ordinance 

prescribing a long-term lease fee cap covering long-term lease drivers; and to authorize the Board of 

Supervisors by resolution to extend the times provided for in Section 1 135.1 for sunsetting the higher gate fee 

cap. 

9/23/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031609 [Authorizing an alternative procedure for establishing property and business improvement districts] 
Supervisor Peskin 

Ordinance amending Article 15 of the Business and Tax Regulations Code by amending Sections 1510 and 
1511 to authorize the Board of Supervisors to initiate proceedings to establish property and business 
improvement districts upon receipt of a petition signed by property owners responsible for 30 percent of the 
proposed assessment; authorizing such districts to be formed for a term of up to 20 years; authorizing such 
districts to encompass and assess residential property, and repealing Sections 1513 through 1591. 
9/23/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031610 [Adding San Francisco Fire Department to those Departments that are allowed to authorize employees 
to drive department vehicles to and from their residences] 

Supervisor Sandoval 

Ordinance amending San Francisco Administrative Code Chapter 4 Section 4.1 1 to add the San Francisco Fire 
Department to those Departments that are allowed to authorize employees to drive department vehicles to and 
from their residences and to authorize the San Francisco Fire Department to use 10 vehicles in that manner. 
9/23/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

Resolutions 

031611 [Review of Concession Opportunity] 
Supervisor Peskin 

Resolution authorizing the Director of the Department of Administrative Services to review the benefits of and 
to solicit bids for the award of an agreement for use of sites owned or occupied by the City and County of San 
Francisco for beverage vending services. 
9/23/03, RECEIVED AND ASSIGNED to City Services Committee. 

031612 JCommending Sacred Heart Cathedral Preparatory new Student Life Center] 
Supervisors Newsom, Hall 

Resolution commending the Sacred Heart Cathedral Preparator>' School on its 150lh Anniversar\, celebrating 
its legacy of graduating more than 80.000 high school students in the City and Count)' of San Francisco and in 
celebrating the Grand Opening of the Daughters of Charity Foundation, Sister Teresa Piro, DC, Student Life 
Center. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



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Boiinl of Supervisor Mec'liiif; Minutes Tuesday. September 2^, 2003 



1)31613 ICommending Japanese Community Youth Council) 
Supervisors Nevvsom, Dufty, Ma 

Resolution commending the Mayor's YouthWorks Program and the Mayor's Education and Employment 
Program on having been selected as recipients of the prestigious PEPNET Award and commending the 
Japanese Communit)' Youth Council for serving as the lead agency of these two youth employment programs. 
9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031614 [Commending Starting Points Initiative] 
Supervisors Newsom, Dufty, Ma 

Resolution commending Starting Points for the completion of its San Francisco Citywide Strategic Plan for 
Supporting Families and its recent formation of a Family Support Council. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETFNG. 

031615 [Establishing City Planning Audit Select Committee] 
Supervisor Daly 

Motion creating a City Planning Audit Select Committee. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETFNG. 

*31616 [Reappointment of Mark Dunlop to the S.F. HIV Health Services Planning Council] 
Supervisors Ammiano, Daly 

Resolution urging Mayor Willie L. Brown to re-appoint Mark Dunlop to the San Francisco HIV Health 
Services Planning Council. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031617 [Senate Bill 774] 
Supervisor Daly 

Resolution urging Governor Gray Davis to sign Senate Bill 774, Pharmacy Syringe Sale and Disease 
Prevention Act. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031618 [Commend Anne Stanton] 
Supervisors Daly, Dufty, Newsom 

Resolution commending Anne Stanton for her decade of work and leadership for homeless youth in San 
Francisco as the esteemed Executive Director of the Larkin Street Youth Services. 

9/23/02. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



Cif)' and County of San Francisco I03S Printed at 9:01 AM on 10/9/2003 



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Board of Supervisors Meeting Minutes Tuesday. September 23, 2003 



031619 ICommendation for Linnea Klee] 
Supervisors Daly, Dufty, Newsom 

Resolution commending Linnea Klee for her ten years of service as Executive Director of the Children's 
Council of San Francisco. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031620 IHalloween in the Castro - Extended BART Service| 

Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, 
Sandoval 

Resolution urging the Bay Area Rapid Transit District to provide late night BART Service for the "Halloween 

in the Castro" event. Service would be extended fi-om Midnight on October 31st until 2 a.m. on November 1st, 

2003. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031621 [Selective purchasing of oil from companies purchase leases or develop oil fields in the Arctic National 
Wildlife Refuge] 

Supervisors Gonzalez, Peskin, Daly, Newsom 

Resolution urging the City of San Francisco to refrain from purchasing oil from companies that purchase leases 
or develop oil fields in the Arctic National Wildlife Refuge. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETFNG. 

031622 [Commending attorneys Elliot Peters, Ethan Balogh, Dan Purcell, and Stacey Wexler for their work on 
the John Tennison case] 

Supervisors Gonzalez, Peskin, Daly 

Resolution commending attorneys Elliot Peters, Ethan Balogh, Dan Purcell, and Stacey Wexler for their tireless 
efforts to ensure that the wrongful conviction of John "J.J." Tennison was overturned. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031623 [African American Cultural and Entertainment Center] 
Supervisors Maxwell, Daly, Ma, Newsom, Sandoval, McGoldrick, Hall 

Resolution welcoming the African American Cultural and Entertainment Center (AACEC) to San Francisco 
and urging the San Francisco Port Commission to negotiate with the AACEC development team. 
9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



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26 



Board of Supervisors Meeting Minutes Tuesday, September 23, 2003 



y 



131624 [Commending Jack Moerschbaecherl 

Supervisors Maxwell, Daly, Dufty, Ma, Peskin, Hall, Newsom 

Resolution commending Jack Moerschbaecher, Director of the San Francisco Convention Facilities, for 20 
years of outstanding service to the City and County of San Francisco and for receiving the 2003 Unsung 
Hero/Heroine Award from the Verba Buena Alliance. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031635 jHealthy Kids Program Expansion) 

Supervisors Newsom, Dufty, Ma, Daly 

Resolution urging the Department of Public Health to advance universal health care coverage in the City and 
County of San Francisco by extending health insurance coverage to the uninsured young adults ages 19 to 24 
through the City's Healthy Kids Program. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

Requests for Hearing 

031604 [Status of PUC Revenue Bond Oversight Committee] 
Supervisors Hall, Dufty 



) 



Hearing regarding status of November 2002 Proposition P - PUC Revenue Bond Oversight Committee. 
9/23/03, RECEIVED AND ASSIGNED to Rules Committee. 



031605 [Aggressive Panhandling] 
Supervisor Gonzalez 

Hearing on the legality of Section 120-1 of the Municipal Police Code, prohibiting aggressive panhandling. 
9/23/03, RECEIVED AND ASSIGNED to Rules Committee. 

031606 [Passthrough Procedure for Utility Cost Increases] 
Supervisor Peskin 

Hearing to review passthrough procedure for utility cost increases. The hearing will cover the methodologies 

available in the Rules and Regulations for calculating passthroughs, including how to ensure landlord costs and 
incomes are properly accounted for in a passthrough so that landlords are not unfairly compensated and that 
tenants are charged only for those true costs associated with tenant usage. 
9/23/03, RECEIVED AND ASSIGNED to Land Use Committee. 

Charter Amendments 



> 



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27 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 23, 2003 



031560 [Charter Amendment - appointment of a City Engineer responsible for the design and construction 
management of all public buildings and public works] 
Supervisor Ammiano 

Charter amendment (First Draft) to amend Section 4.130 to provide for appointment of a Cit>' Engineer 
responsible for the design and construction management of all public buildings and public works. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

9/23/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing new title. 
9/23/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/23/2003. 

031567 [Charter Amendment - San Francisco Department of Public Health] 
Supervisors Daly, Gonzalez 

Charter amendment (First Draft) to repeal Section 4.1 10 regarding the Health Commission and adding Article 
Vine, to provide additional increase the autonomy and fiscal authority to of the Health Commission and 
require greater change the qualifications of Health Commissioners, establish a stable baseline funding level for 
the Department of Public Health, streamline administrative operations and reduce contracting bureaucracy, 
ensure the continued operation of County hospitals and, clinics, and programs for the chronically ill, designate 
universal healthcare as one of the Department's top advocacy priorityies, establish a baseline funding level for 
the Department of Public Health and for programs helping San Franciscans with chronic illnesses, guarantee 
the operation of county hospitals and clinics, establish create enhanced coordination levels for of trauma care, 
guarantee culturally competent care through community-based primary care clinics, require maintain operation 
of the Mental Health Rehabilitation Facility, and establish as a goal, pay equity for nonprofit and City workers 
performing similar jobs for the Department of Public Health. 
9/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

9/23/03, SUBSTITUTED to Board of Supervisors. Supervisor Daly submitted a substitute Charter amendment 
bearing new title. 
9/23/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/23/2003. 



PROPOSED ORDINANCES 



PROPOSED RESOLUTIONS 



031526 JAirport Concession Lease] 

Resolution approving Amendment No. 3 to the Post-Security Master Retail/Duty Free Concession in the New 
International Terminal Building Lease No. 99-0035 between DFS Group, L.P. and the City and County of San 
Francisco, acting by and through its Airport Commission. (Airport Commission) 

(No Public Benefit Recipient.) 

9/12/03. RECEIVED AND ASSIGNED to Finance and Audits Committee. 



City and Cuiinly of San Francisco 



lU-ll 



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Bonril of Supervisors Meeting Minnies Tuesday, September 2.?, 2003 



^31527 [Accept-Expend Regional Grant] 

Resolution authorizing the Director of Transportation or his designee to accept and expend $157,000 in FY 
03/04 Transportation Fund for Clean Air (TFCA) fi-om the Bay Area Air Quahty Management District (Air 
District) to stripe and sign bii<e lanes and purchase and install bicycle racks and to execute any and all 
associated documents. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

9/12/03, RECEIVED AND ASSIGNED to Land Use Committee. 

D31528 [Street Artist Hyde Street Spaces] 

Resolution re-designating seven (7) permanent selling spaces on Hyde Street, west side. Beach to Jefferson 
Streets; deleting seven (7) permanent selling spaces on Hyde Street, east side. Beach to Jefferson Streets; re- 
designating fourteen (14) selling spaces on Hyde Street, east side. Beach to Jefferson Streets; designating two 
(2) additional selling spaces on Hyde Street, east side. Beach to Jefferson Streets, for street artists certified by 
the Arts Commission, City and County of San Francisco; and exempting said seven spaces on Hyde Street, west 
side. Beach to Jefferson Streets, from Police Code Section 2405(c)(16) requiring street artists to maintain a 
minimum of eight feet of passageway for pedestrians. (Arts Commission) 

(No Public Benefit Recipient.) 

9/10/03, RECEIVED AND ASSIGNED to Land Use Committee. 

D31530 jGrant to improve traffic and pedestrian safety in San Francisco] 
Supervisor Dufty 

i Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend 

retroactively a grant in the amount of $439,455 from the California Business, Transportation & Housing 
Agency Office of Traffic Safety (CBTHAOTS) to prevent DUI and resultant traffic injuries and to enter into an 
agreement for the use of these funds; for the period of October 1, 2003 to December 31, 2005. (Public Health 
Department) 

(No Public Benefit Recipient.) 

9/9/03, RECEIVED AND ASSIGNED to City Services Committee. 

031538 [Contracting out Airport Employee Parking Services] 

Resolution approving the Controller's certification that Employee Parking Management Services for San 
Francisco International Airport can practically be performed by private contractor at a lower cost than if work 
were performed by city employees at budgeted levels. (Airport Commission) 

(Public Benefit Recipient.) 

9/15/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031539 ]Contracting out Airport Public Parking Management Services] 

Resolution approving the Controller's certification that Airport Public Parking Management Services for San 
Francisco International Airport can practically be performed by private contractor at a lower cost than if work 
were performed by city employees at budgeted levels. (Airport Commission) 

(Public Benefit Recipient.) 

9/15/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



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29 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 23. 2003 



Requests Granted 



From: Supervisor Gonzalez 

To: City Attorney 

Requesting/Inquiring: To draft a charter amendment that would allow non-citizens to vole in San Francisco 

municipal school board elections where it can be demonstrated that the individuals are guardians of San 

Francisco municipal school board students. 

From: Supervisor Gonzalez 
To: City Attorney 

Requesting/Inquiring: To draft an ordinance increasing the real estate tax transfer tax to be increased to 1.5% 
for properties valued over $2 million. The ordinance should designate the distribution of revenue so that one- 
third is set aside for land acquisition designated for the construction of low/affordable housing and the 
preservation of cultural spaces and the remaining m'o-thirds is placed in the General Fund and dispersed with 
priorities given to use for schools and public health. 

From: Supervisor Gonzalez 

To: Department of Elections 

Requesting/Inquiring: To develop a registration mechanism for eligible non-citizens who wish to vote in San 

Francisco municipal school board elections. 



From: Supervisor Peskin 

To: All Department 

Requesting/Inquiring: Inquiring about beverage and snack vending usage and preferences for all departments 

in the City and County of San Francisco. Please read the attached letter. 



In Memoriams 



Robert Lawrence McRoskey (Supervisors Dufty. Sandoval) 

LeRoy Hersh (Supervisor Dufty) 

Linda K. Bartholomew (Supervisors Dufty, Sandoval) 



City and County of San francisca 



104S 



Prinletl al 9:US .4,M on KI.V.'IOUS 



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Boiirtt of Siipcr\'isnr\ 



Meeting Minutes 



Tuesday, September 2i, 2003 



ADJOURNMENT 



There being no further business, the Board at the hour of 5:08 p.m. adjourned. 
Gloria L. Young, Clerk of the Board 



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 Ocotber 21, 2003. 

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. 



Gloria L. Young 
Clerk of the Board 



City and County oj San Franciscii 



1(144 



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32 



BOARD OF SUPERVISORS 
^ CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. 

Goodlett Place 

San Francisco, CA 94102-4689 

MEETING MINUTES 



Tuesday, September 30, 2003 2:00 PM 

Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Regular Meeting 



MATT GONZALEZ, PRESIDENT 

TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GA VIN NEWSOM, AARON PESKIN, GERARDO SANDO VAL 

Gloria L. Young, Clerk of the Board 

BOARD COMMITTEES 
Committee Membership Meeting Days 

Budget Committee Thursday 

Supervisors Daly, Maxwell, Peskm ' ^^ ^^ 

City and School District Select Committee 2nd Monday, bi-montlily 

Chair Maxwell, Supervisor Ammiano, Supervisor Ma, Commissioner Cruz, Commissioner Sanchez, Co 

City Services Committee Thursday 

Supervisors Dufty, Ma, Newsom 

Finance and Audits Committee Wednesday 

Supervisors Peskin, Sandoval, McGoldrick 12.30 PM 

Land Use Committee Monday 

Supervisors McGoldrick. Maxwell. Ammiano P"^ 

Rules Committee Wednesday 

Supervisors Hall, Dufty, Gonzalez ^'^0 ^^ 



Firsi-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair. of ihe Committee 

Volume 98 Number 33 



33 



Board of Supervisors Meeting Minutes Tuesday. September 30. 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo 
Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting was called to order at 2:05 p. m. On the call of the roll, the following 
Supervisor was noted absent. 

Supervisor Ammiano - 1 

Quorum present. 

Supervisor Ammiano was noted present at 2:12 p.m. 

APPROVAL OF MEETING MINUTES 



Supervisor Newsom, seconded by Supervisor Dufty, moved to approve August 26, 2003 Meeting Minutes. The 
motion carried by the following vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



CONSENT AGENDA 



Recommendations of the Cit\' Sen'ices Committee 

031382 [Provide assertive case management to people with HIV and substance abuse and mental disorders] 
Supervisors Dufty, Daly 

Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPH, AIDS) to accept 
retroactively and expend a grant in the amount of $490,947 from the Substance Abuse and Mental Health 
Services Administration (SAMHSA) for assertive case management for triply-diagnosed people and to enter 
into an agreement for the use of these funds; for the period of June 1, 2003, to May 30, 2004. (Public Health 
Department) 

(Public Benefit Recipient.) 

Super\'isor Daly requested to be added as a co-sponsor. 
Resolution No. 614-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin. Sandoval 
Absent: 1 - Ammiano 

Cily ami Cuunry of San Francisco lO^S I'rinlcd hi 11 : 1-4 .XM on l(in4.'2nOS 

34 



BiHird of Supervisory Meethii; Minnies Tucsilay, Seplcmlwr Ml, 2(IH.i 



U444 IContract funds for SFHIV Vaccine Clinical Trials Unit, 2003 to 2004] 
Supervisors Dufty, Daly 

Resolution authorizing tiie San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement in the amount of $405,101 with Public Health Foundation Enterprises Inc. (PHFE), the primary 
contractor, to fund the fourth year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a 
unit of the HIV Vaccine Trials Network (HVTN); for the period of June 1,2003 to May 31, 2004. (Public 
Health Department) 

(No Public Benefit Recipient.) 

Resolution No. 624-03 

ADOPTED by the following vote: 

Ayes; 10 - Daly. Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

51453 |FV 2003-2004 State grant funds to the Department of Public Health from the California Department of 
Health Services] 

Supervisors Dufty, Daly 

Resolution authorizing the acceptance and expenditure of State recurring grant funds by the San Francisco 
Department of Public Health for FY 2003-2004. (Public Health Department) 

(No Public Benefit Recipient.) 

Supervisor Daly requested to be added as a co-sponsor. 

Resolution No. 625-03 

ADOPTED by the following vote: 

Ayes; 10- Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent; 1 - Ammiano 

51454 [Treatment of Latent Tuberculosis Infection in refugees newly arriving in San Francisco.] 
Supervisors Dufty, Daly 

Resolution authorizing the San Francisco Department of Public Health, Newcomers Health Program (SFDPH, 
Newcomers) to accept and expend retroactively a new continuing grant in the initial amount of $45,000, from 
the State Department of Health Services, Refugee Health (DHS, RH) to improve treatment of Latent 
Tuberculosis Infection (LTBI) in refugees newly arriving in San Francisco; for the period of August 1, 2003, to 
June 30, 2004. (Public Health Department) 

(No Public Benefit Recipient.) 

Supen-isor Daly requested to be added as a co-sponsor. 

Resolution No. 626-03 

ADOPTED by the following vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent; 1 - Ammiano 



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Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 



031493 [Accept-Expend Federal Grant] 
Supervisor Dufty 

Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of 
$21 1,975 from the Federal Emergency Management Agency (FEMA) to acquire 208 one-hour Self-Contained 
Breathing Apparatus (SCBA) Air Bottles, a mobile breathing air compressor unit, and a portable auxilian,' 
communication repeater unit. (Fire Department) 

(No Public Benefit Recipient.) 

Resolution No. 652-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Recommendations of the Finance and Audits Committee 

031317 [MOU - Police Officers' Association (SFPOA)] 
Mayor, Supervisor Dufty 

Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San 
Francisco and the San Francisco Police Officers' Association (SFPOA). to be effective July 30. 2003 through 
June 30. 2007. 

(Fiscal impact.) 

Ordinance No. 236-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 1 - Ammiano 

031383 ISetting San Francisco's fiscal year 2003-2004 property tax rate and establishing pass-through rate for 
residential tenants] 

Ordinance providing revenue and levying property' taxes for City and Count)' purposes and establishing pass- 
through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending 
June 30, 2004. (Controller) 

Ordinance No. 232-03 

FINALLY PASSED by the following vote; 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031388 ]Setting San Francisco's Unified School District's FY 2003-2004 property tax rate to be included in the 
City's overall property tax rate] 

Ordinance providing revenue and levying property taxes for San Francisco Unified School District's purposes 
for the fiscal year ending June 30, 2004. (Controller) 

Ordinance No. 233-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom. Peskin, Sandoval 
Absent: 1 - Ammiano 



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Board of Supur\'isors Meeting; Minutes Tuesday. September Ml, 200.1 



^1393 ISetting S.F. Community College District's fiscal year 2003-2004 property tax rate to be included in the 
City's overall property tax rate] 

Ordinance providing revenue and levying property taxes for San Francisco Community College District 
purposes for the fiscal year ending June 30, 2004. (Controller) 

Ordinance No. 234-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031396 I Appropriate funding to offset the loss of parking revenue for not charging parking in Golden Gate 
Park] 
Supervisors Daly, Sandoval 

Ordinance appropriating $500,000 from the General Fund Reserve and rescinding $700,000 in parking 
revenues and $200,000 of professional services to offset the loss of parking revenue for not charging for 
parking in Golden Gate Park for Recreation and Parks Department for fiscal year 2003-2004. 

Ordinance No. 241-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031400 (IVIOU Amendment No 1 - International Brotherhood of Electrical Workers, Local 6| 
Mayor 

/ Ordinance adopting and implementing Amendment No. 1 to the Memorandum of Understanding between the 

City and County of San Francisco and the International Brotherhood of Electrical Workers, Local 6, by adding 
paragraph 149a, which provides for a premium to certain classes providing signal operations at the Department 
of Parking and Traffic, which was inadvertently omitted from the MOU, to be effective July 1, 2003 through 
June 30, 2005. 

Ordinance No. 239-03 

FINALLY' PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031425 [Appropriate funding for the Art Commission for municipal symphony concerts using property tax 
revenue] 

Ordinance appropriating $23,273 for the municipal symphony concerts using property tax revenue, pursuant to 
Charter Section 16.106(1) for the Art Commission for fiscal year 2003-04. (Controller) 

Ordinance No. 235-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



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Board of Supervisors 



Meeting Minutes 



Tuesday. September 30, 2003 



031253 [Contracting out Convention Facilities management, operation and maintenance services) 

Resolution concurring witli the Controller's certification that Convention Facilities management, operation and 
maintenance services can be practically performed at Bill Graham Civic Auditorium and the Moscone Center 
by private contractor for a lower cost than similar work services performed by City and County employees. 
(Administrative Services Department) 

Resolution No. 646-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031307 [Extending provisional appointments] 

Resolution approving extension to June 30, 2004 of provisional appointments of employees in classifications 
1270 Departmental Personnel Officer, 1272 Senior Departmental Personnel Officer, 1458 Legal Secretary 1, 
1460 Legal Secretary II, 1820 Junior Administrative Analyst, and 1932 Assistant Storekeeper. (Human 
Resources Department) 

(No Public Benefit Recipient.) 

Resolution No. 647-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 1 - Ammiano 

Recommendations of the Land Use Committee 

031439 [Speed Limit - Potrero Avenue between Brannan and Cesar Chavez Streets] 

Ordinance adding Section 174.13 and removing Section 175.07 of the San Francisco Traffic Code to reduce 
the speed limit from 30-mph to 25-mph on Potrero Avenue between Brannan and Cesar Chavez Streets. 
(Parking and Traffic Department) 

(No Public Benefit Recipient.) 

Ordinance No. 243-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031504 [Accept - Expend Federal Grant] 
Supervisor Peskin 

Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $3,475,000 
from the United States Transportation Security Administration for the purpose of enhancing facilit> and 
operational security at the Port's cruise, ferry and cargo terminals. 

(No Public Benefit Recipient.) 

Resolution No. 653-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom. Peskin, Sandoval 
Absent: 1 - Ammiano 



City and County of San Francisco 



1(1-1 V 



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Board of Supervisors Mcelinj; Minutes Tuesday, Sepiemher 3(1, 2003 



Recommendations of the Rules Committee 

31432 [Settlement of Lawsuit - Arcadia Machine & Tool Inc. et al.| 

Ordinance authorizing tiie partial settlement of the lawsuit tiled by the San Francisco City Attorney against 
certain manufacturers, distributors and dealers of fireanns, and their trade associations; the settling defendants 
are Traders Sports, Inc., Southern Ohio Gun Distributors, Ellett Brothers Inc., and MKS Supply Inc.; these 
settling defendants agree to the entry of stipulated judgments that will reform their firearm distribution 
practices, and to pay $70,000; the lawsuit was filed on May 25, 1999 in San Francisco Superior Court, Case 
No. 303-753, and later coordinated with similar actions in the San Diego Superior Court as part of J.C.C.P. 
4095; entitled People of the State of California ex rel Herrera et al. v. Arcadia Machine & Tool Inc. et al. (City 
Attorney) 

(No Public Benefit Recipient.) 

Ordinance No. 242-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

31511 [Settlement of Claim - Eric M. Hansen] 

Resolution approving the settlement of the unlitigated claim filed by Eric M. Hansen against San Francisco for 
552,500; claim was filed on October 8, 2002. (City Attorney) 

(Public Benefit Recipient.) 

Resolution No. 654-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

31531 [Appointment[ 

Resolution appointing Renu Nanda, term ending December 31, 2005 to the Child Care Planning and Advisory 
Council. Residency requirement waived. 

Renu Nanda, (residency requirement waived) succeeding Marie Lee, resigned, seat 3, must be a nominee of 
District 3 Supervisor selected fi^om: parent advisory councils of public and private child care programs; 
associations of child care centers, family day care providers and Head Start; public interest organizations 
including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer 
Work and Family Coalition; and members of labor organizations and local organizations that fall within the 
definition of "Community representative"; for the unexpired portion of a 3 year term ending December 31, 
2005. 

Resolution No. 656-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



On ami Count) of San Francisco 1050 Printed at 1 1:16 AM on IIJ/I-)/2IJ03 



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Meeting Minutes 



Tuesday, Septenil)er 30, 2003 



031515 [Settlement of Lawsuit - Jonathan Johnson] 

Ordinance authorizing settlement of the lawsuit filed by Jonathan Johnson against the City and County of San 
Francisco for S 1 50,000: the lawsuit was filed on June 1 1 , 200 1 in San Francisco Superior Court. Case No. 322- 
080; entitled Jonathan Johnson, et al., v. City and County of San Francisco, et ah other material terms of said 
settlement are the waiver of the San Francisco General Hospital medical lien in the amount of S29,28 1.37. 
(City Attorney) 

(Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031532 [Appointment] 

Resolution appointing William Henning, term ending November 19, 2004 to the Bicycle Advisory Committee. 

William Henning, new position, seat 7, must be a nominee of District 7 Supervisor; for the unexpired portion of 
a two-year term ending November 19, 2004. 

Resolution No. 657-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Severed From Consent Agenda 

Supervisor Peskin requested thai this matter be severed so that it could be considered separately. 
031447 [Accept-Expend State Grant] 
Supervisors Dufty, Daly 

Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of 
S25,000 from the California Integrated Waste Management Board for a project that will incorporate recycled 
tire rubber surfaces in the Golden Gate Concourse Underground Parking Facility. (Environment) 

(Public Benefit Recipient.) 

Supervisor Peskin. seconded by Supervisor Dufty, moved to amend on page 2 after "Further Resolved" by 
adding "That subject to the approval of Golden Gate Concourse Underground Parking Facilit}' by the Board 
of Supervisors" 

Supervisor Daly requested to be added as a co-sponsor. 
AMENDED by the following vote: 

Ayes; 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Resolution No. 648-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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Board of Supervisors Meeliiifi Minutes Tuesday. September Ml, 2003 



^ 



REGULAR AGENDA 



UNFINISHED BUSINESS 



From the Clerk 

031599 lAdopting findings related to the tentative subdivision map appeal on property located at 600 Portola 
Drivel 

Motion adopting findings related to the appeal of the decision of the Department of Public Wori<s approving 
tentative map to authorize the construction of an eighteen unit new condominium mixed-use project at 600 
Portola Drive (Lot 1 in Assessor's Block 2892). (Clerk of the Board) 

(Companion measure to Files 031364, 031365, 031366, 031367.) 

Motion No. M03-177 

APPROVED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 1 - Ammiano 

'31625 [Adopting findings related to the conditional use appeal on property located at 2026 Lombard Street] 
Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use 
Application No. 2002.0497C (which allowed the construction of an approximately 49,000 square foot, 97 room 
tourist hotel with 78 off-street parking spaces on a lot containing approximately 13,600 square feet), pursuant 
to Planning Code Section 712.1 1, 712.21, 712.55 and 303, in an NC-3 (Moderate Scale Neighborhood 
Commercial) District and a 40-X Height and Bulk District, located at 2026 Lombard Street, north side, 
between Fillmore and Webster Street (Lot 025 in Assessor's Block 0492). (Clerk of the Board) 

(Companion measure to Files 031232, 031233, 031234, 031235, 031236.) 

Super\iisor Newsom was previously excused from voting. 
Motion No. M03-179 

APPROVED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 

Absent: 1 - Ammiano 

Excused: 1 - Newsom 



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Meeting Minutes 



Tuesday. September 30, 2003 



031626 [Adopting findings related to the conditional use appeal on property located at 378 10th Avenue (also 
known as 389 9th Avenue and/or 4500 Geary Boulevard] 

Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use 
Authorization No. 2002.0430C (which approved the installation of six panel antennas and related equipment on 
an approximately 53-foot tall commercial building as part of the AT&T Wireless Services telecommunications 
network within an NC-3 (Moderate-Scale Neighborhood Commercial Zoning) District and a 40-X Height and 
Bulk District), pursuant to Section 712.83 of the Planning Code, on property located at 378 10th Avenue (also 
known as 389 9th Avenue and/or 4500 Geary Boulevard), on the northwest comer of 9th Avenue and Gear)' 
Boulevard (Lot 035 in Assessor's Block 1441). (Clerk of the Board) 

Motion No. M03-180 

APPROVED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrJck, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Recommendations of the Finance and Audits Committee 

031333 [Making Environmental Findings and Increasing Street Artist Certificate Fee] 

Ordinance making required environmental findings and amending Article 24 of the San Francisco Police Code 
by amending Section 2404.1 to increase the fee for a Street Artist Certificate and amending Section 2404.2 to 
clarify the fee setting procedure. (Arts Commission) 

Ordinance No. 240-03 

NOT FINALLY PASSED by the following vote: 

Ayes: 4 - Hall, Newsom, Peskin, Sandoval 

Noes: 6 - Daly. Dufty, Gonzalez, Ma, Maxwell, McGoldrick 

Absent: 1 - Ammiano 



Supervisor Mc Goldrick moved to rescind the previous vote. 

Motion carried without objection. 

Ordinance No. 240-03 

FINALLY PASSED by the following vote: 

Ayes: 7 - Ammiano, Hall, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 4 - Daly, Dufty, Gonzalez, Ma 

031395 [Funding from the General Reserve and re-appropriate salaries to fund the October 2003 Recall 
Election) 
Mayor 

Ordinance appropriating $3,232,983 from the General Fund Reserve and re-appropriating 5150,000 of 
permanent salaries for a total of $3,382,983 for temporar\' salaries, overtime, fringe benefits, non personal 
services, materials and supplies, and services of other departments associated with the October 2003 recall 
election for Elections Department for fiscal year 2003-2004. 

Supervisor Ammiano noted present at 2:12 p.m. 

Ordinance No. 238-03 

FINALLY PASSED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 2 - Daly, Ma 



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lioiird nf Supervisors Mccliii!^ Miiuilcs Tuesday, September .?fl, 2(10} 



NEW BUSINESS 



Recommendations of the Finance and Audits Committee 

031489 lEmergency Repairs] 

Resolution authorizing, retroactively, the expenditure of fiinds for emergency repairs of the Early Intake 
Switchback Road at Hetch Hetchy, at an estimated cost of $2,000,000. (Public Utilities Commission) 

Supervisor McGoldrick dissenting in Committee. 
(No Public Benefit Recipient.) 

Resolution No. 651-03 

ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Peskin, Sandoval 

Appointment of President Pro Tempore 

At the request of the President. Supervisor Duft}> assumed the Chair so the President could participate in the 
debate from the floor concerning the following item. 

031525 [Agreement for Tolling of Statute of Limitations Governing Lawsuit] 

Resolution approving the City Attorney's entry into a tolling agreement governing suit by plaintiff Natasha 
/ Madaris entitled Natasha Madaris v. San Francisco Unified School District and City and County of San 

Francisco, Case No. 417-848. (City Attorney) 

Resolution No. 655-03 

ADOPTED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendations of the Cits' Services Committee 

030808 [Motorcycle Sidewalk Parking Policy] 
Supervisors Gonzalez, Dufty, Daly 

Resolution urging the Department of Parking and Traffic to prioritize the accommodation of scooters and 
motorcycles in the Department's planning and enforcement policies, to consistently ticket cars parked on 
sidewalks, and to create adequate motorcycle parking. 

Supervisor Daly, seconded by Supervisor Sandoval, moved an amendment of the whole and further amended. 

Supervisor Daly requested to be added as a co-sponsor. 

AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Resolution No. 669-03 

ADOPTED AS AMENDED by the following vote: 

\ Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldnck, Newsom, Peskin, Sandoval 



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Meeting Minutes 



Tuesday, September 30, 2003 



031401 llmproving coordination between the San Francisco Police Department and the Ofrice of Citizen 
Complaints) 
Supervisors Gonzalez, Dufty, Daly 

Ordinance amending the Administrative Code by adding a new Chapter 96, establishing requirements 
governing the authority and duties of the Police Department, the Office of Citizen Complaints and the Police 
Commission with respect to investigations by the Office of Citizen Complaints, including reporting on the 
status of sustained cases, minimum requirements for disclosure of documents b\' the Police Department, 
providing the Office of Citizen Complaints with subpoena power against third parties, imposing training 
requirements for police officers on whistleblower protection laws, and for police commissioners on public 
safety officer discipline, and adding uncodified provisions to require the Police Commission to consider 
revisions to the Early Warning System and study restricting promotions for officers disciplined for 
misconduct: require the Police Department and the Office of Citizen Complaints to meet and report on the 
development of a shared case tracking system; and require current police commissioners to receive training on 
public safety officer discipline. 

No Public Benefit Recipient 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendations of the Land Use Committee 

031406 [Building Code - Technical Corrections/Clarifications] 
Supervisor Daly 

Ordinance amending the Building Code to effect technical corrections/clarifications to Section 3 1 02.8, by 
adding provisions previously included in the Code regarding woodbuming appliances. Section 101.20, by 
adding provisions previously included in the Code regarding the operation of the Central Permit Bureau, 
Section 106.1, by deleting provisions regarding permit requirements that were previously removed from the 
Code, Section 106.3.2, by adding provisions previously included in the Code regarding submittal documents 
for permit applications. Section 103.3.1, 103.3.2, 103.3.3, 103.3.4, and 103.3.5 by deleting provisions 
regarding unlawful residential demolition and adding the provisions regarding unlawful residential demolition 
that were previously included in the Code, Section 205 by deleting the definition of demolition, by amending 
Figure 16B-1, Sections 105.4.2, 105.4.3.1, 107.1.1, 108.5.6, I003'.3.3.2, lOOlA, 1304.A.1, 1307A.2, 1311A.1. 
1313A.3, 1314A.2, 1316A.I, 1308A.3, 1605.4.3, 1604B.2.3, 1605B.3, 1605B.8, 1606B, 1604C, 1608C.5, 
1611C.3.1, 161IC.4.2, 1611C.6.1, 1611C.6,2, 161 1C,2.2.2, Table 16C-D, 1701.5,3403.2.1.2,3407.1, 
3407.2.3,3407.4.3,3407.5.3.4,3407.5.3.5,3408.3.2, 1605.4.3, 1605.5, 106.4.4,409.9.1, 1602C.6.1, 
1602C.6.2, 3303.9.2, 3403.2.1.1, and 1605.4.1 to correct typographical errors, and making findings in 
accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and 
geological reasons for amending the State Building Code. 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and Couiily of San Francisco 



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board of Supervisors Meeting Minutes Tuesday, September .^(1, 2003 



)'31490 [Angle ParkingI 
Supervisor Daly 

Ordinance amending San Francisco Traffic Code Sections 55 and 132 to proiiibit any person from parking or 
standing a vehicle other than at the angle of the curb or edge of roadway indicated by signs or markings, and to 
provide for penalties. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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Boiiril of Supen'isors 



Meeting Minutes 



Tuesday. September 30. 2003 



SPECIAL ORDER 3:30 P.M - Recognition of Commendations 



Privilege of the Floor 



Supervisor Newsom, seconded by Supervisor Dufty, moved to suspend Rule 4.28 of the Rules of Order of the Board 
of Supervisors to grant the privilege of the floor to the following guests. The motion carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldhck, Newsom, Peskin, Sandoval 



Supervisor Newsom welcomed, introduced and presented Certificates of Honor to inembers of the SFPD who 
have received Medals of Honor. 

COMMITTEE REPORTS 

031556 [Investigate the closure of Real Food Co. on 24th Street in Noe Valley] 
Supervisors Dufty, Ma, Hall 

Resolution requesting NLRB and DBI and other appropriate agencies to investigate the closure of Real Food 
Co. on 24th Street in Noe Valley. 

Supervisor Halt requested to be added as a co-sponsor. 
Resolution No. 658-03 
ADOPTED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldhck, Newsom, Peskin, Sandoval 



Cily ami County of San Irancisco 



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Boiiril of Supervisors Meeliii/^ Miiiules Tiicsday. Scplcmher 3(1, 201)3 



ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdulla Megaheed; homeless issues 

Melanie Kramer: SFPD issues regarding a chicken 

James Chaffee: Library issues 

Vernon Jenkins; general issues 

Brian Murphy Flynn: owner of 70 1 Lombard Street opposed to Eminent Domain 

Mathew Sheridan: opposed to 701 Lombard Street Eminent Domain 

Kay Murphy Flynn: opposed to 701 Lombard Street Eminent Domain 

John Dadonna: general issues 

Sal Lucinatti: opposed to 701 Lombard Street Eminent Domain 

Patricia Franklin, opposed to 701 Lombard Street Eminent Domain 

Keith Wilson: opposed to 701 Lombard Street Eminent Domain 

Marsha Grossman: opposed to 701 Lombard Street Eminent Domain 

Lynn Jefferson: opposed to 701 Lombard Street Eminent Domain 

Marsha Gardner, North Beach Ghamber ofGommerce: opposed to 701 Lombard Street Eminent Domain 

James Luke, resident of North Beach: opposed to 701 Lombard Street Eminent Domain 

Erin: drop charges regarding Queer Rights Activists 

Female speaker: drop charges regarding Queer Rights Activists 

Female Speaker: drop charges regarding Queer Rights Activists 

Rocky Palli: opposed to 701 Lombard Street Eminent Domain 

Bob Gastle: rights for American Ser\>ice men and women 

Dennis Hodges: opposed to 701 Lombard Street Eminent Domain 

Phil Mamooth: opposed to 701 Lombard Street Eminent Doinain 

Annette O'Neill: opposed to 701 Lombard Street Eminent Domain 

Owner of 701 Lombard Street, withdrew appeal ofGEQA Environmental Exemption 

Larry Evan: general issues, medical marijuana 



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Meeting Minutes 



Tuesday, September 30, 2003 



FOR ADOPTION WITHOUT COMMITTEE REFERENCE 



03161: 



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. 

[Commending Sacred Heart Cathedral Preparatory new Student Life Center] 
Supervisors Newsom, Hall 



Resolution commending the Sacred Heart Cathedral Preparatory School on its 150th Anniversary, celebrating 
its legacy of graduating more than 80,000 high school students in the City and County of San Francisco and in 
celebrating the Grand Opening of the Daughters of Charity Foundation, Sister Teresa Piro. DC, Student Life 
Center. 

Supervisor Hall requested to be added as a co-sponsor. 

Resolution No. 659-03 

ADOPTED 

031613 ICommending Japanese Community Youth Council] 
Supervisors Newsom, Dufty, Ma 

Resolution commending the Mayor's Youth Works Program and the Mayor's Education and Employment 
Program on having been selected as recipients of the prestigious PEPNET Award and commending the 
Japanese Community Youth Council for serving as the lead agency of these two youth employment programs. 

Supervisor Ma requested to be added as a co-sponsor. 

Resolution No. 660-03 

ADOPTED 

031614 [Commending Starting Points Initiative] 
Supervisors Newsom, Dufty, Ma 

Resolution commending Starting Points for the completion of its San Francisco Citywide Strategic Plan for 
Supporting Families and its recent formation of a Family Support Council. 

Supervisor Ma requested to be added as a co-sponsor. 

Resolution No. 661-03 

ADOPTED 

031615 [Establishing City Planning Audit Select Committee] 
Supervisor Daly 

Motion creating a City Planning Audit Select Committee. 

Motion No. M03-178 

APPROVED 



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Botinl of Supervisors Meetiiifi Mintiles Tuesday, September 30. 2003 



131617 |SenateBill774| 
Supervisor Daly 

Resolution urging Governor Gray Davis to sign Senate Bill 774, Pharmacy Syringe Sale and Disease 
Prevention Act. 

Resolution No. 662-03 
ADOPTED 

031618 ICommend Anne Stanton) 
Supervisors Daly, Dufty, Newsom 

Resolution commending Anne Stanton for her decade of work and leadership for homeless youth in San 
Francisco as the esteemed Executive Director of the Larkin Street Youth Services. 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 663-03 

ADOPTED 

031619 jCommendation for Linnea Klee] 
Supervisors Daly, Dufty, Newsom 

Resolution commending Linnea Klee for her ten years of service as Executive Director of the Children's 
Council of San Francisco. 

) Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 664-03 
ADOPTED 

031620 [Hallovveen In the Castro - Extended BART Service] 

Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, 
Sandoval 

Resolution urging the Bay Area Rapid Transit District to provide late night BART Service for the "Halloween 
in the Castro" event. Service would be extended from Midnight on October 31st until 2 a.m. on November 1st, 
2003. 

Resolution No. 665-03 

ADOPTED 

031621 [Selective purchasing of oil from companies purchase leases or develop oil fields in the Arctic National 
Wildlife Refugel 

Supervisors Gonzalez, Peskin, Daly, Newsom 

Resolution urging the City of San Francisco to refrain from purchasing oil fi"oni companies that purchase leases 
or develop oil fields in the Arctic National Wildlife Refuge. 

Supen'isors Peskin. Daly and Newsom requested to be added as co-sponsors. 

Resolution No. 666-03 

ADOPTED 



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Meeting Minutes 



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031622 ICommending attorneys Elliot Peters, Ethan Balogh, Dan Purcell, and Stacey Wexler for their vvori< on 
the John Tennison case] 
Supervisors Gonzalez, Peskin, Daly 

Resolution commending attorneys Elliot Peters, Ethan Balogh, Dan Purcell, and Stacey Wexler for their tireless 
efforts to ensure that the wrongftil conviction of John "J.J." Tennison was overturned. 

Siiperi'isors Peskin and Daly requested to be added as a co-sponsors. 

Resolution No. 667-03 

ADOPTED 

031624 (Commending Jack Moerschbaecherl 

Supervisors Maxwell, Daly, Dufty, Ma, Peskin, Hall, Newsom 

Resolution commending Jack Moerschbaecher, Director of the San Francisco Convention Facilities, for 20 
years of outstanding service to the City and County of San Francisco and for receiving the 2003 Unsung 
Hero/Heroine Award from the Verba Buena Alliance. 

Supervisors Peskin, Hall and Newsom requested to be added as co-sponsors. 

Resolution No. 668-03 

ADOPTED 



The foregoing items were acted upon by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Maxwell, McGoldrJck, Newsom, Peskin, Sandoval 
Absent; 2 - Ammlano, Ma 

Severed from Without Reference to Committee Agenda 

Supervisor MaxM'ell requested that this matter be severed so thai it could be considered separately. 
031623 (African American Cultural and Entertainment Center) 

Supervisors Maxwell, Daly, Ma, Newsom, Sandoval, McGoldrick, Hall 

Resolution welcoming the African American Cultural and Entertainment Center (AACEC) to San Francisco 
and urging the San Francisco Port Commission to negotiate with the AACEC development team. 

REFERRED to the Finance and Audits Committee. 



Supervisor Hall requested thai this matter be severed so thai it could he considered separately. 
031616 IReappointment of Mark Dunlop to the S.F. HIV Health Services Planning Council) 
Supervisors Ammiano, Daly 

Resolution urging Mayor Willie L. Brown to re-appoint Mark Dunlop to the San Francisco HIV Health 
Services Planning Council. 

REFERRED to the Rules Committee. 



City aiitl Cuuiily of Sail Franciscu 



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Bixinl of Supervisors Mcathiji Minulcs Tuesday. Seplemher Ml, 200^ 



) 



Supervisor Gonzalez requested that this matter be severed so that it could be considered separately. 
031635 [Healthy Kids Program ExpansionI 

Supervisors Newsom, Dufty, Ma, Daly 

Resolution urging the Department of Public Health to advance universal health care coverage in the City and 
Count) of San Francisco by extending health insurance coverage to the uninsured young adults ages 19 to 24 
through the City's Healthy Kids Program. 

REFERRED to the Finance and Audits Committee. 



OFF-AGENDA LEGISLATION 



Introduced by Supenisors or Mayor 



Ordinances 



r 



652 [Requiring for all public work involving asphalt that asphalt be purchased from the City asphalt plant] 
Supervisor Peskin 

Ordinance adopting new Subsection 6.22(Q) of Administrative Code Chapter 6, Article I, requiring that for all 
public work involving asphalt that public work contractors purchase the asphalt from the Citv' asphalt plant. 
9/30/03, RECEIVED AND ASSIGNED to City Services Committee. 

031655 [Post-Employment Restrictions for Former City Employees] 
Supervisor Newsom 

Draft ordinance adding Chapter 8, Activities of Former Officers and Employees, to Article 111 of the Campaign 
and Governmental Conduct Code; moving Section 3.545 of the Campaign and Governmental Conduct Code to 
Section 3.800; and adding prohibitions to prevent former City employees, for a period of two years, from 
communicating on behalf of any other person or entity, other than the City and County of San Francisco, with 
an elected public official who was the former employee's appointing authority or City employees who are 
current appointees of that appointing authorit}'. 
9/30/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/30/2003. 

031656 [Campaign Consultants Lobbying Current and Former Clients] 
Supervisor Newsom 

Draft ordinance amending Article II, Chapter I. Section 2.100, adding Section 2.1 17 to Article II, Chapter I. 
and adding Section 1.545 to Article I, Chapter 5 of the Campaign and Governmental Conduct Code to prohibit 
campaign consultants and employees of campaign consultants from lobbying current and former clients. 
9/30/02, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10.'30/2003. 



; 



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Board of Supervisors Meeting Minutes Tuesday. September 30, 2003 



031657 (Appropriate funding for the construction of Octavia Boulevard] 
Supervisor Dufty 

Ordinance appropriating $12,903,999 from the land sales to the San Francisco Redevelopment Agency and 
$1,106,63 1 in lease revenues from the Central Freeway land parcels for a total of $14,010,630 to fund the 
construction of Octavia Boulevard and related ancillary projects for the Department of Public Works for fiscal 
year 2003-04. (Mayor) 

(No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031658 lAppropriate State and Federal funding for the CalWORKs, Medi-Cal, IHSS and Foster Care 
programs) 

Mayor 

Ordinance appropriating $2,399,795 of CalWORKs, Medi-Cal, IHSS and Foster Care funding to fill 28.67 
vacant FTEs including deletion of 9.38 FTEs and creation of 9.38 FTEs, purchase one-time materials and 
supplies, and provide stipends to emancipated foster youth for the Department of Human Services and 
Amending Annual Salary Ordinance for Fiscal Year 2003-04. (Mayor) 

(No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031659 [Public Employment) 

Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2003/04) reflecting the abolishment of 
14 positions (9.38 FTEs) and the creation of 14 positions (9.38 FTEs) at the Department of Human Services. 
(Human Resources Department) 

(No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

Resolutions 

031651 [Creation of Motorcycle Parking] 
Supervisors Gonzalez, Dufty 

Resolution urging the Department of Parking and Traffic (DPT) to create 3,759 motorcycle parking spaces and 
implement a trial bicycle and motorcycle traffic calming parking space within a 120 day time period. 
9/30/03, RECEIVED AND ASSIGNED to Cit>' Services Committee. 

031660 [Accept-Expend State Grant] 
Supervisor Dufty 

Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend grant 
funds made available through the Office of Traffic Safety for a project entitled California Seat Belt Compliance 
Campaign (CSBCC). (Mayor) 

(No Public Benefit Recipient.) 

9/30/03. RECEIVED AND ASSIGNED to City Services Committee. 

City and Cimniy oj San hraitcisco 1063 Printed at 1 1 : 19 AM on IU/14/2()03 

52 



Board of Supervisors Mcclim; Minnies Tiiesiluy, September Ml, 2(1(1.^ 



fiiXbli [Urging Governor Davis to sign Senate Bill 2| 
Supervisor Sandoval 

Resolution urging Governor Davis to sign Heaitii Insurance Act of 2003, also known as SB 2, which would 

expand the current employer-based health care system to provide health coverage to over one million uninsured 

Califomians. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031674 [2003 Domestic Violence Awareness Month| 
Supervisors Newsom, Dufty, Peskin, Ma 

Resolution ratifying that the Board of Supervisors declares the month of October 2003 as "Domestic Violence 
Awareness Month" in the City and County of San Francisco. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031675 [Urging 108th Congress to Tie National School Lunch Program Eligibility to Regional Indicators and To 
Increase California's Reimbursement Rate| 

Supervisor Maxwell 

Resolution urging 108th U.S. Congress to link National School Lunch Eligibility Criteria to Regional Poverty 

Indicators and to increase the Program's Reimbursement Rate. 
V 9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

/ BOARD MEETING. 

031677 [Commendation of the San Francisco Asian Peace Officers' Association! 
Supervisors Ma, Dufty, Peskin, Newsom 

Resolution commending the San Francisco Asian Peace Officers' Association for their dedication and 
commitment to the community. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031678 [Commemorating the 50th Anniversary of the Korean War[ 
Supervisors Ma, Peskin, Newsom 

Resolution commemorating the 50th anniversary of the Korean War. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031679 [Commendation of National Day of the People's Republic of China| 
Supervisors Ma, Dufty 

Resolution recognizing the contributions of the Chinese community to commerce, culture and diversity and 
declaring October 1, 2003 as the "54th National Day of the People's Republic of China" in the City and County 
of San Francisco. 

^ 9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

^ BOARD MEETING. 



City and County of San Francisco llJO-t Printed at 1 1:19 AM on lll/l-l/2tltl} 



53 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 30, 2003 



031680 IShowers at Lowell High School] 
Supervisor Hall 

Resolution urging the San Francisco Unified Scliool District to consult with, and obtain the approval of, the 
Crestlake Propert>' Owners Association, the Lakeshore Acres Improvement Club, the Lakeside Homes 
Association, the Lakeside Propert>' Owner's Association, the Merced Manor Properts' Owner's Association, the 
West of Twin Peaks Central Council, and the District Seven Advisory Council before implementing a plan to 
allow homeless individuals to use shower facilities at Lowell High School. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031681 (Commending Saint Thomas the Apostle Catholic Churchl 
Supervisor McGoIdrick 

Resolution commending Saint Thomas the Apostle Catholic Church for its significant contribution to the 
community and proclaiming October 19, 2003 Saint Thomas the Apostle Catholic Church Day. 
9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031682 IKoshland Park--Gift-in-Placel 
Supervisors Gonzalez, Dufty, Peskin, Newsom 

Resolution accepting a gift in place valued at approximately $200,000 fi-om the Friends of Recreation and 
Parks, a non-profit organization, to the Recreation and Park Department of Koshland Park. 
9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031683 lUrging 108th U.S. Congress to pass the AgJobs Act of 2003) 
Supervisor Sandoval 

Resolution urging 108th U.S Congress to pass the AgJobs Act of 2003 for seasonal immigrant farm workers. 
9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031684 [Commending the Committee for the Confucius Memorial Ceremony] 
Supervisors Ma, Peskin 

Resolution commending the Committee for the Confucius Memorial Cerenion\' for their dedication to 
recognizing the teachings of Confucius. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



Cily and CuiiiUy of San Francisco 



1065 



Prinleil at ll:IV AM on I tl/l4/2(IOi 



54 



Board of Supervisors Meeting Minnies Tuesday, Sepleiid)cr Ml, 200.^ 

/31623 lAfrican American Cultural and Entertainment Center] 

Supervisors Maxwell, Daly, Ma, Newsom, Sandoval, McGoldrick, Hall 

Resolution welcoming the African American Cultural and Entertainment Center (AACEC) to San Francisco 
and urging the San Francisco Port Commission to negotiate with the AACEC development team. 
9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

9/30/03, REFERRED to Finance and Audits Committee. 

! 031616 [Reappointment of Mark Dunlop to the S.F. HIV Health Services Planning Council] 
Supervisors Ammiano, Daly 

Resolution urging Mayor Willie L. Brown to re-appoint Mark Dunlop to the San Francisco HIV Health 
Services Planning Council. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

9/30/03, REFERRED to Rules Committee. 

031635 [Healthy Kids Program Expansion] 

Supervisors Newsom, Dufty, Ma, Daly 



) 



Resolution urging the Department of Public Health to advance universal health care coverage in the City and 
County of San Francisco by extending health insurance coverage to the uninsured young adults ages 19 to 24 
through the City's Healthy Kids Program. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

9/30/03, REFERRED to Finance and Audits Committee. 



Requests for Hearings 

031654 ]SFPD's Community Relations Efforts] 
Supervisor Maxwell 

Hearing to address the San Francisco Police Department's community relations efforts. 
9/30/03, RECEIVED AND ASSIGNED to City Services Committee. 

031667 ]Committee of the Whole - Human Rights Commission Appointment] 
Supervisor Peskin 

Hearing to consider the Mayor's appointment of Vernon Grigg to the Human Rights Commission. 

10/1/03, SCHEDULED FOR PUBLIC HEARFNG to Board of Supervisors. Board Sitting as a Committee of 

the Whole pending approval of File Numbers 031663, 031664, and 031665 on October 7, 2003 at 4:00 p.m. 



) 



Cii\ and Count) of San Francisco 1066 Primed al 1 1:20 AM on 10/14/2003 



55 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 30, 2003 



031653 (Annual Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget 
Guidelines and Draft Budget) 
Supervisor Daly 

Hearing to consider the annual review and approval of the Board of Supervisors/Clerk of the Board Annual 
Budget Guidelines and Draft Budget prior to submittal to the Mayor. 
9/30/03, RECEIVED AND ASSIGNED to Budget Committee, 

Motions 

031666 [Committee of the Whole] 
Supervisor Peskin 

Motion scheduling a Committee of the Whole to consider the Mayor's appointment of Vernon Grigg to the 
Human Rights Commission to be held on October 7, 2003 at 4:00 p.m. (File Numbers 03 1 663, 03 1 664, and 
031665). " 

10/1/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031650 INeedle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031663 [Appointment - Human Rights Commission] 

Motion approving the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term 

ending September 2, 2004. (Mayor) 

10/1/03, RECEIVED AND ASSIGNED to Board of Supervisors. 

031664 [Appointment - Human Rights Commission] 

Motion rejecting the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term 

ending September 2, 2004. (Mayor) 

10/1/03, RECEIVED AND ASSIGNED to Board of Supervisors. 

031665 ]Appointment - Human Rights Commission] 

Motion taking no position concerning the Mayor's appointment of Vernon Grigg to the Human Rights 
Commission, for term ending September 2, 2004. (Mayor) 
10/1/03, RECEIVED AND ASSIGNED to Board of Supervisors. 



City and Cuuiity of San Francisco 



lUb' 



I'rimcd at 11:211 AM on lO/l ■4/20113 



56 



I 



BiHird of Supervisors Meeting Minnies Tiiestliiy, September .Ul, 2(103 



> 



1676 {Legislative Analyst Request) 

Supervisors Dufty, Ma, Ammiano, Gonzalez 

Motion requesting the Legislative Analyst's Office to study the non-profit collective/cooperative medical 
cannabis cultivation and distribution model recently employed by the Wo/men's Alliance for Medical 
Marijuana (WAMM) in Santa Cruz, and to analyze the feasibility and ramifications of implementing such a 
model in San Francisco. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

Charter Amendments 

031405 ICharter Amendment - Establishing a Public Education Fund] 
Supervisors Ammiano. Dufty, Daly 

Charter amendment (Second Draft) to add Sections 16.123-1 through 16.123-10, to establish a Public 
Education Enrichment Fund. 

(Fiscal impact.) 

8/12/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/1 1/2003. 

9/30/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing new title. 

9./30/03, ASSIGNED to Rules Committee. Referred to the Youth Commission on October 7, 2003. 



3 



31562 ICharter Amendment - Retirement System benefits for domestic partners) 
Supervisors Ammiano, Dufty 

Charter amendment (Second Draft) to add Section 16.125 authorizing the Board of Supervisors to amend or 

repeal provisions of the Domestic Partnership Ordinance to effectuate the voters' intent that domestic partners 

be afforded the same rights and responsibilities as spouses, and adding Section A8. 500-3 so that domestic 

partners are treated exactly the same as spouses for benefits under the Retirement System. 

9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 

9/30/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing new title. 

9,'30/03, ASSIGNED to Rules Committee. 



PROPOSED ORDINANCES 

031600 ICommercial Vehicle Parking in Certain Use District) 

Ordinance amending Traffic Code by amending Sections 63 and 63 (a) thereof relating to commercial vehicle 
parking in certain use districts. (Parking and Traffic Department) 
9/18/03, RECEIVED AND ASSIGNED to Land Use Committee. 



) 



PROPOSED RESOLUTIONS 



Or)- and Counn of San Francisco 1068 Prinleil al 1 1:21 AM on 10/14/2003 



57 



Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 

031598 [First Amendment to Lease of SFPUC Property for Operation of a Public Golf Course and Related 
Facilities] 

Resolution authorizing a First Amendment to Lease of Public Utilities Commission Land between the Cit\ and 
Count)' of San Francisco and Crystal Springs Golf Partners, L.P., in San Mateo Count>, (Public Utilities 
Commission) 

(Public Benefit Recipient.) 

9/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031601 I Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code 
Section 4703.2 for fiscal year 2002-2003 and thereafter] 

Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code 
Section 4703.2 for fiscal year ending June 30, 2003 and thereafter. (Controller) 

(No Public Benefit Recipient.) 

9/19/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Department requests this item be 

scheduled for consideration at the October 1, 2003 meeting. 

031602 ]Substance Abuse and Crime Prevention Act of 2000 - Implementation Plan] 
Supervisor Newsom 

Resolution authorizing adoption of the San Francisco Count) Plan for the Substance Abuse and Crime 
Prevention Act of 2000 for Fiscal Year 2003-2004. (Public Health Department) 

(Public Benefit Recipient.) 

9/16/03, RECEIVED AND ASSIGNED to Cit>' Services Committee. 



City and Coiinly o/San /■ranciico KlIiV Hnnied at 11:21 AM an IO/N2UO.i 



58 



Board ofSiipervison Met'tiii}> Minutes Tuesday, September .?0, 2003 



Requests Granted 

From: Superx'isor Daly 

To: City Attorney 

Requesting/ Inquiring: To draft an ordinance to register more voters based on New York City's Pro-Vote law. 

From: Supervisor Daly 

To: C it}' Attorney 

Requesting/Inquiring: To draft an ordinance to prohibit campaign consultants from lobbying the Board of 

Supervisors, the Mayor or City departments and commissions. 

From: Supervisor Daly 

To: Cit}' Attorney 

Requesting/Inquiring: To draft an ordinance to cede a budget and general guidelines to the Local Homeless 

Coordinating Board. This group, not elected officials, could decide on shelters, drug treatment, hotel beds, 

welfare rules and sanctions. 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance to preserve neighborhood scale by creating a district-wide 

environmental study of traffic and pollution related to housing done ahead of time of wider area. 

Neighborhood groups M'ould have a voice at the front end when general building limits are hammered out. 

But once the rules and limits are set, the potential for delays, uncertainty and rising costs would be ended. 

From: Supervisor Daly 
\ To: Director, Treasure Island Development Authorit}' 

To: General Manager. Recreation and Park Department 

Requesting/Inquiring: For the Director of Treasure Island and the General Manager of Recreation and Park 
to work together to advise on lessons learned from Treasure Island's Little League field and the steps needed 
to develop more fields. 

From: Super\>isor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance requiring signs for reporting offenders and to require warnings 

go out with garbage bills. 

From: Supervisor Daly 

To: City .Attorney 

Requesting/Inquiring: To draft an ordinance to increase the number of small local businesses that contract 

with the city as a way of promoting development and sustaining long-term investment. San Francisco 

currently has more than 60, 000 small businesses but fewer than 20 percent of them ha\>e primar}' city 

contracts with the city: 

From: Supervisor Daly 

To: Director, Department of Parking and Traffic 

Requesting/Inquiring: To respond to comments from the San Francisco Chronicle related to traffic 

enforcement. (See Attached.) 

From: Supervisor Hall 

To: Director. Planning Department 

Requesting/Inquiring: What steps or suggestions does the Department hax'e for notifynng all of San Francisco's 

) homeowners about public meetings dealing with the Housing Element and the pending secondaiy unit 

legislation'/' Is it feasible for the Planning Department to send notice to all recipients of water bills or 
properly tax bills/' 

City and County of San Francisco 1U70 Printed al 11:21 AM on ll)iN.'2<)03 



59 



Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 

From Supervisor Hall 

To: City Attorney 

Requesting/Inquiring: To draft an opinion explaining whether or not homeowner association CC&R's "trump" 

provisions of the proposed Housing Element and the pending ordinance on secondary units. 

From: Supervisor Maxwell 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance that would address requirements for siting combustion turbines 

in the City, taking into consideration both the City process and commitments the City could make to address 

the concerns of the community, including the process for developing mitigation. 

In Memoriams 

Mart Bass (Super\'isor Daly) 
Arnette Watson (Supervisor Daly) 
R. Jeffrey Hay^vard (Supervisor Dufty) 
EdM'ard Said (Supervisor Gonzalez) 
Phyllis Porter (Supervisor Hall) 
Richard Parrino (Supervisor Hall) 
Ru-Jin Li (Supervisor Ma) 
Sheila Hill-Fajors (Supervisor Maxwell) 



City and CuuMv of San Iranciico IU71 I'niucil al 1 1:21 AM on 111 I -1,2(103 



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Meeliivj Miiiules 



Tuesday. Scplcnihcr .V). 2003 



ADJOURNMENT 



There being no further business, the Board at the hour of 4:56 p.m. adjourned. 
Gloria L. Young. Clerk of the Board 



N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters staled, 
but not necessarily the chronological sequence in which the matters were taken up. 

Approved by the Board of Supervisors on October 21, 2003. 

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. 



Gloria L. Young 
Clerk of the Board 



Cilv and County of San Francisco 



kjt: 



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61 



62 



DOCUMENTS DEPT. 
APR - 2 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. | 
[: Goodlett Place 
San Francisco, CA 94102-4689 

^MEETING MINUTES 

Tuesday, September 30, 2003 2:00 PM 

Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Regular Meeting 

MATT GONZALEZ, PRESIDENT 

TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 

BOARD COMMITTEES 
Committee Membership Meeting Days 

Budget Committee Thursday 

c rv 1 H4 II D I 10:00 AM 

Supervisors Daly, Maxwell, Peskin 

City and School District Select Committee 2nd Monday, bi-monthly 

4 00 PM 
Chair Maxwell, Supervisor Ammiano, Supervisor Ma, Cominissioner Cruz, Comnussioner Sanchez, Co 

City Services Committee Thursday 

Supervisors Dufty, Ma, Newsom 

Finance and Audits Committee Wednesday 

Supervisors Peskin, Sandoval, McGoldrick 

Land Use Committee Monday 

Supervisors McGoldrick, Maxwell, Ammiano 

Rules Committee Wednesday 

c u n r, f« ," 1 10:00 AM 

Supervisors Hall, Dufty, Gonzalez 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee. 

Volume 98 Number 33 



Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo 
Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting was called to order at 2:05 p.m. On the call of the roll, the following 
Supervisor was noted absent. 

Supervisor Ammiano - 1 

Quorum present. 

Supervisor Ammiano was noted present at 2:12 p.m. 

APPROVAL OF MEETING MINUTES 



Supervisor Newsom, seconded by Supervisor Dufty, moved to approve August 26, 2003 Meeting Minutes. The 
motion carried by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



CONSENT AGENDA 



Recommendations of the City Services Committee 

031382 [Provide assertive case management to people with HIV and substance abuse and mental disorders] 
Supervisors Dufty, Daly 

Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPH, AIDS) to accept 
retroactively and expend a grant in the amount of $490,947 from the Substance Abuse and Mental Health 
Services Administration (SAMHSA) for assertive case management for triply-diagnosed people and to enter 
into an agreement for the use of these funds; for the period of June 1, 2003, to May 30, 2004. (Public Health 
Department) 

(Public Benefit Recipient.) 

Supervisor Daly requested to be added as a co-sponsor. 

Resolution No. 614-03 

ADOPTED by the foUowing vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

CityandCounty of San Francisco 1 Printed at 9; 10 AM on 4/1/2004 



Board of Supervisors 



Meetitif; Minutes 



Tuesday, September 30, 2003 



031444 [Contract funds for SFHIV Vaccine Clinical Trials Unit, 2003 to 2004] 
Supervisors Dufty, Daly 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement in the amount of $405,101 with Public Health Foundation Enterprises Inc. (PHTC), the primary 
contractor, to fund the fourth year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a 
unit of the HIV Vaccine Trials Network (HVTN); for the period of June 1, 2003 to May 31, 2004. (Public 
Health Department) 

(No Public Benefit Recipient.) 

Resolution No. 624-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031453 [FY 2003-2004 State grant funds to the Department of Public Health from the California Department of 
Health Services] 

Supervisors Dufty, Daly 

Resolution authorizing the acceptance and expenditure of State recurring grant funds by the San Francisco 
Department of Public Health for FY 2003-2004. (Public Health Department) 

(No Public Benefit Recipient.) 

Supervisor Daly requested to be added as a co-sponsor. 
Resolution No. 625-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031454 [Treatment of Latent Tuberculosis Infection in refugees newly arriving in San Francisco.] 
Supervisors Dufty, Daly 

Resolution authorizing the San Francisco Department of Public Health, Newcomers Health Program (SFDPH, 
Newcomers) to accept and expend retroactively a new continuing grant in the initial amount of $45,000, from 
the State Department of Health Services, Refugee Health (DHS, RH) to improve treatment of Latent 
Tuberculosis Infection (LTBI) in refugees newly arriving in San Francisco; for the period of August 1, 2003, to 
June 30, 2004. (Public Health Department) 

(No Public Benefit Recipient.) 

Supervisor Daly requested to be added as a co-sponsor. 
Resolution No. 626-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



City and County of San Francisco 



Printed at 9:10 AM on 4/1/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 30, 2003 



031493 [Accept-Expend Federal Grant] 
Supervisor Dufty 

Resolution authorizing the San Francisco Fire Department to accept and expend a grant in the amount of 
$21 1,975 from the Federal Emergency Management Agency (FEMA) to acquire 208 one-hour Self-Contained 
Breathing Apparatus (SCBA) Air Bottles, a mobile breathing air compressor unit, and a portable auxiliary 
communication repeater unit. (Fire Department) 

(No Public Benefit Recipient.) 

Resolution No. 652-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Recommendations of the Finance and Audits Committee 

031317 [MOU - Police Officers' Association (SFPOA)] 
Mayor, Supervisor Dufty 



031383 



Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San 
Francisco and the San Francisco Police Officers' Association (SFPOA), to be effective July 30, 2003 through 
June 30, 2007. 

(Fiscal impact.) 

Ordinance No. 236-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

[Setting San Francisco's fiscal year 2003-2004 property tax rate and establishing pass-through rate for 
residential tenants] 

Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass- 
through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending 
June 30, 2004. (Controller) 

Ordinance No. 232-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



031388 [Setting San Francisco's Unified School District's FY 2003-2004 property tax rate to be included in the 
City's overall property tax rate] 

Ordinance providing revenue and levying property taxes for San Francisco Unified School District's purposes 
for the fiscal year ending June 30, 2004. (Controller) 

Ordinance No. 233-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



City and County of San Francisco 



Printed at 9:11 AM on 4/1/2004 



Board of Supervisors 



Meeting Minutes 



Tuesday, September 30, 2003 



031393 [Setting S.F. Community College District's fiscal year 2003-2004 property tax rate to be included in the 
City's overall property tax rate] 

Ordinance providing revenue and levying property taxes for San Francisco Community College District 
purposes for the fiscal year ending June 30, 2004. (Controller) 

Ordinance No. 234-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammlano 

031396 [Appropriate funding to offset the loss of parking revenue for not charging parking in Golden Gate 
Park] 
Supervisors Daly, Sandoval 

Ordinance appropriating $500,000 from the General Fund Reserve and rescinding $700,000 in parking 
revenues and $200,000 of professional services to offset the loss of parking revenue for not charging for 
parking in Golden Gate Park for Recreation and Parks Department for fiscal year 2003-2004. 

Ordinance No. 241-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031400 [MOU Amendment No 1 - International Brotherhood of Electrical Workers, Local 6] 
Mayor 



031425 



Ordinance adopting and implementing Amendment No. 1 to the Memorandum of Understanding between the 
City and County of San Francisco and the International Brotherhood of Electrical Workers, Local 6, by adding 
paragraph 149a, which provides for a premium to certain classes providing signal operations at the Department 
of Parking and Traffic, which was inadvertently omitted from the MOU, to be effective July 1 , 2003 through 
June 30, 2005. 

Ordinance No. 239-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

[Appropriate funding for the Art Commission for municipal symphony concerts using property tax 
revenue] 

Ordinance appropriating $23,273 for the municipal symphony concerts using property tax revenue, pursuant to 
Charter Section 16.106(1) for the Art Commission for fiscal year 2003-04. (Controller) 

Ordinance No. 235-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutex 



Tuesday, September 30, 2003 



031253 [Contracting out Convention Facilities management, operation and maintenance services] 

Resolution concurring with the Controller's certification that Convention Facilities management, operation and 
maintenance services can be practically performed at Bill Graham Civic Auditormm and the Moscone Center 
by private contractor for a lower cost than similar work services performed by City and County employees. 
(Administrative Services Department) 

Resolution No. 646-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammlano 

031307 [Extending provisional appointments] 

Resolution approving extension to June 30, 2004 of provisional appointments of employees in classifications 
1270 Departmental Personnel Officer, 1272 Senior Departmental Personnel Officer, 1458 Legal Secretary I, 
1460 Legal Secretary H, 1820 Junior Administrative Analyst, and 1932 Assistant Storekeeper. (Human 
Resources Department) 

(No Public Benefit Recipient.) 

Resolution No. 647-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammlano 

Recommendations of the Land Use Committee 

031439 [Speed Limit - Potrero Avenue between Brannan and Cesar Chavez Streets] 

Ordinance adding Section 174.13 and removing Section 175.07 of the San Francisco Traffic Code to reduce 
the speed limit from 30-mph to 25-mph on Potrero Avenue between Brannan and Cesar Chavez Streets. 
(Parking and Traffic Department) 

(No Public Benefit Recipient.) 

Ordinance No. 243-03 
FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031504 [Accept - Expend Federal Grant] 
Supervisor Peskin 

Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $3,475,000 
from the United States Transportation Security Administration for the purpose of enhancing facility and 
operational security at the Port's cruise, ferry and cargo terminals. 

(No Public Benefit Recipient.) 

Resolution No. 653-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



City and County of San Francisco 



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Meeting Minutes 



Tuesday, September 30, 2003 



Recommendations of the Rules Committee 

031432 [Settlement of Lawsuit - Arcadia Machine & Tool Inc. et al.] 

Ordinance authorizing the partial settlement of the lawsuit filed by the San Francisco City Attorney against 
certain manufacturers, distributors and dealers of firearms, and their trade associations; the settling defendants 
are Traders Sports, Inc., Southern Ohio Gun Distributors, Ellett Brothers Inc., and MKS Supply Inc.; these 
settling defendants agree to the entry of stipulated judgments that will reform their firearm distribution 
practices, and to pay $70,000; the lawsuit was filed on May 25, 1999 in San Francisco Superior Court, Case 
No. 303-753, and later coordinated with similar actions in the San Diego Superior Court as part of J.C.C.P. 
4095; entitled People of the State of California ex rel Herrera et al. v. Arcadia Machine & Tool Inc. et al. (City 
Attorney) 

(No Public Benefit Recipient.) 

Ordinance No. 242-03 

FINALLY PASSED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031511 [Settlement of Claim - Eric M. Hansen] 

Resolution approving the settlement of the unlitigated claim filed by Eric M. Hansen against San Francisco for 
$52,500; claim was filed on October 8, 2002. (City Attorney) 

(Public Benefit Recipient.) 

Resolution No. 654-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031531 [Appointment] 

Resolution appointing Renu Nanda, term ending December 3 1 , 2005 to the Child Care Planning and Advisory 
Council. Residency requirement waived. 

Renu Nanda, (residency requirement waived) succeeding Marie Lee, resigned, seat 3, must be a nominee of 
District 3 Supervisor selected from: parent advisory councils of public and private child care programs; 
associations of child care centers, family day care providers and Head Start; public interest organizations 
including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer 
Work and Family Coalition; and members of labor organizations and local organizations that fall within the 
definition of "Community representative"; for the unexpired portion of a 3 year term ending December 31, 
2005. 

Resolution No. 656-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



City and County of San Francisco 



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Board of Supervhors Meeting Minutes Tuesday, September 30, 2003 



031515 [Settlement of Lawsuit - Jonathan Johnson] 

Ordinance authorizing settlement of the lawsuit filed by Jonathan Johnson against the City and County of San 
Francisco for $150,000; the lawsuit was filed on June 11, 2001 in San Francisco Superior Court, Case No. 322- 
080; entitled Jonathan Johnson, et al., v. City and County of San Francisco, et al; other material terms of said 
settlement are the waiver of the San Francisco General Hospital medical lien in the amount of $29,281.37. 
(City Attorney) 

(Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031532 [Appointment] 

Resolution appointing William Henning, term ending November 19, 2004 to the Bicycle Advisory Committee. 

William Henning, new position, seat 7, must be a nominee of District 7 Supervisor; for the unexpired portion of 
a two-year term ending November 19, 2004. 

Resolution No. 657-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Severed From Consent Agenda 

Supervisor Peskin requested that this matter be severed so that it could be considered separately. 
031447 [Accept-Expend State Grant] 
Supervisors Dufty, Daly 

Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of 
$25,000 from the California Integrated Waste Management Board for a project that will incorporate recycled 
tire rubber surfaces in the Golden Gate Concourse Underground Parking Facility. (Environment) 

(Public Benefit Recipient.) 

Supervisor Peskin, seconded by Supervisor Dufty, moved to amend on page 2 after "Further Resolved" by 
adding "That subject to the approval of Golden Gate Concourse Underground Parking Facility by the Board 
of Supervisors" 

Supervisor Daly requested to be added as a co-sponsor. 
AMENDED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Resolution No. 648-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 7 Printed al 9:11 AM on 4/1/2004 



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Meeting Minutes 



Tuesday, September 30, 2003 



REGULAR AGENDA 



UNFINISHED BUSINESS 



From the Clerk 

031599 [Adopting findings related to the tentative subdivision map appeal on property located at 600 Portola 
Drive] 

Motion adopting findings related to the appeal of the decision of the Department of Public Works approving 
tentative map to authorize the construction of an eighteen unit new condominium mixed-use project at 600 
Portola Drive (Lot 1 in Assessor's Block 2892). (Clerk of the Board) 

(Companion measure to Files 031364, 031365, 031366, 031367.) 

Motion No. M03-177 

APPROVED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031625 [Adopting findings related to the conditional use appeal on property located at 2026 Lombard Street] 

Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use 
Application No. 2002.0497C (which allowed the construction of an approximately 49,000 square foot, 97 room 
tourist hotel with 78 off-street parking spaces on a lot containing approximately 13,600 square feet), pursuant 
to Planning Code Section 712.11, 712.21, 712.55 and 303, in an NC-3 (Moderate Scale Neighborhood 
Commercial) District and a 40-X Height and Bulk District, located at 2026 Lombard Street, north side, 
between Fillmore and Webster Street (Lot 025 in Assessor's Block 0492). (Clerk of the Board) 

(Companion measure to Files 031232, 031233, 031234, 031235, 031236.) 
Super\'isor Newsom was previously excused from voting. 
Motion No. M03-179 

APPROVED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 

Absent: 1 - Ammiano 

Excused: 1 - Newsom 



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031626 [Adopting findings related to the conditional use appeal on property located at 378 10th Avenue (also 
known as 389 9th Avenue and/or 4500 Geary Boulevard] 

Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use 
Authorization No. 2002.0430C (which approved the installation of six panel antennas and related equipment on 
an approximately 53-foot tall commercial building as part of the AT&T Wireless Services telecommunications 
network within an NC-3 (Moderate-Scale Neighborhood Commercial Zoning) District and a 40-X Height and 
Bulk District), pursuant to Section 712.83 of the Planning Code, on property located at 378 10th Avenue (also 
known as 389 9th Avenue and/or 4500 Geary Boulevard), on the northwest comer of 9th Avenue and Geary 
Boulevard (Lot 035 in Assessor's Block 1441). (Clerk of the Board) 

Motion No. M03-180 

APPROVED by the following vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Recommendations of the Finance and Audits Committee 

031333 [Making Environmental Findings and Increasing Street Artist Certificate Fee] 

Ordinance making required environmental findings and amending Article 24 of the San Francisco Police Code 
by amending Section 2404. 1 to increase the fee for a Street Artist Certificate and amending Section 2404.2 to 
clarify the fee setting procedure. (Arts Commission) 

Ordinance No. 240-03 

NOT FINALLY PASSED by the following vote: 

Ayes: 4 - Hall, Newsom, Peskin, Sandoval 

Noes: 6 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick 

Absent: 1 - Ammiano 



Supenisor Mc Goldrick moved to rescind the previous vote. 

Motion carried without objection. 

Ordinance No. 240-03 

FINALLY PASSED by the following vote: 

Ayes: 7 - Ammiano, Hall, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 4 - Daly, Dufty, Gonzalez, Ma 

031395 [Funding from the General Reserve and re-appropriate salaries to fund the October 2003 Recall 
Election] 
Mayor 

Ordinance appropriating $3,232,983 from the General Fund Reserve and re-appropriating $150,000 of 
permanent salaries for a total of $3,382,983 for temporary salaries, overtime, fringe benefits, non personal 
services, materials and supplies, and services of other departments associated with the October 2003 recall 
election for Elections Department for fiscal year 2003-2004. 

Supervisor Ammiano noted present at 2:12 p.m. 

Ordinance No. 238-03 

FINALLY PASSED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 2 - Daly, Ma 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 



NEW BUSINESS 



Recommendations of the Finance and Audits Committee 

031489 [Emergency Repairs] 

Resolution authorizing, retroactively, the expenditure of funds for emergency repairs of the Early Intake 
Switchback Road at Hetch Hetchy, at an estimated cost of $2,000,000. (Public Utilities Commission) 

Supervisor McGoldrick dissenting in Committee. 
(Fiscal impact; No Public Benefit Recipient.) 

Resolution No. 651-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Appointment of President Pro Tempore 

At the request of the President, Supervisor Dufty assumed the Chair so the President could participate in the 
debate from the floor concerning the following item. 
031525 [Agreement for Tolling of Statute of Limitations Governing Lawsuit] 

Resolution approving the City Attorney's entry into a tolling agreement governing suit by plaintiff Natasha 
Madaris entitled Natasha Madaris v. San Francisco Unified School District and City and County of San 
Francisco, Case No. 417-848. (City Attorney) 

Resolution No. 655-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendations of the City Services Committee 

030808 [Motorcycle Sidewalk Parking Policy] 
Supervisors Gonzalez, Dufty, Daly 

Resolution urging the Department of Parking and Traffic to prioritize the accommodation of scooters and 
motorcycles in the Department's planning and enforcement policies, to consistently ticket cars parked on 
sidewalks, and to create adequate motorcycle parking. 

Superx'isor Daly, seconded by Supervisor Sandoval, moved an amendment of the whole and further amended. 

Supervisor Daly requested to be added as a co-sponsor. 

AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Resolution No. 669-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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031401 [Improving coordination between the San Francisco Police Department and the Office of Citizen 
Complaints] 
Supervisors Gonzalez, Dufty, Daly 

Ordinance amending the Administrative Code by adding a new Chapter 96, establishing requirements 
governing the authority and duties of the Police Department, the Office of Citizen Complaints and the Police 
Commission with respect to investigations by the Office of Citizen Complaints, including reporting on the 
status of sustained cases, minimum requirements for disclosure of documents by the Police Department, 
providing the Office of Citizen Complaints with subpoena power against third parties, imposing training 
requirements for police officers on whistleblower protection laws, and for police commissioners on public 
safety officer discipline, and adding uncodified provisions to require the Police Commission to consider 
revisions to the Early Warning System and study restricting promotions for officers disciplined for 
misconduct; require the Police Department and the Office of Citizen Complaints to meet and report on the 
development of a shared case tracking system; and require current police conmiissioners to receive training on 
public safety officer discipline. 

No Public Benefit Recipient 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendations of the Land Use Committee 

031406 [Building Code - Technical Corrections/Clarifications] 
Supervisor Daly 

Ordinance amending the Building Code to effect technical corrections/clarifications to Section 3102.8, by 
adding provisions previously included in the Code regarding woodbuming appliances. Section 101.20, by 
adding provisions previously included in the Code regarding the operation of the Central Permit Bureau, 
Section 106.1, by deleting provisions regarding permit requirements that were previously removed from the 
Code, Section 106.3.2, by adding provisions previously included in the Code regarding submittal documents 
for permit applications. Section 103.3.1, 103.3.2, 103.3.3, 103.3.4, and 103.3.5 by deleting provisions 
regarding unlawful residential demolition and adding the provisions regarding unlawful residential demolition 
that were previously included in the Code, Section 205 by deleting the definition of demolition, by amending 
Figure 16B-1, Sections 105.4.2, 105.4.3.1, 107.1.1, 108.5.6, 1003.3.3.2, lOOlA, 1304.A.1, 1307 A.2, 1311A.1, 
1313A.3, 1314A.2, 1316A.1, 1308A.3, 1605.4.3, 1604B.2.3, 1605B.3, 1605B.8, 1606B, 1604C, 1608C.5, 
1611C.3.1, 1611C.4.2, 1611C.6.1, 1611C.6.2, 161 IC.2.2.2, Table 16C-D, 1701.5,3403.2.1.2,3407.1, 
3407.2.3,3407.4.3,3407.5.3.4,3407.5.3.5,3408.3.2, 1605.4.3, 1605.5, 106.4.4,409.9.1, 1602C.6.1, 
1602C.6.2, 3303.9.2, 3403.2.1.1, and 1605.4.1 to correct typographical errors, and making findings in 
accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and 
geological reasons for amending the State Building Code. 

PASSED ON FIRST READING by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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031490 [Angle Parking] 
Supervisor Daly 



Ordinance amending San Francisco Traffic Code Sections 55 and 132 to prohibit any person from parking or 
standing a vehicle other than at the angle of the curb or edge of roadway indicated by signs or markings, and to 
provide for penalties. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



CUy and County of San Francisco 12 Printed at 9:11 AM on 4/1/2004 



Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 



SPECIAL ORDER 3:30 P.M - Recognition of Commendations 



Privileee of the Floor 

Supervisor Newsom, seconded by Supervisor Dufty, moved to suspend Rule 4.28 of the Rules of Order of the Board 
of Supervisors to grant the privilege of the floor to the following guests. The motion carried by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Supervisor Newsom welcomed, introduced and presented Certificates of Honor to members of the SFPD who 
have received Medals of Honor. 

COMMITTEE REPORTS 

031556 [Investigate the closure of Real Food Co. on 24th Street in Noe Valley] 
Supervisors Dufty, Ma, Hall 

Resolution requesting NLRB and DBI and other appropriate agencies to investigate the closure of Real Food 
Co. on 24th Street in Noe Valley. 

Supervisor Hall requested to be added as a co-sponsor. 
Resolution No. 658-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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Board of Supervisors Meeting Minutes Tuesday, September 30. 2003 



ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdulla Megaheed; homeless issues 

Melanie Kramer; SFPD issues regarding a chicken 

James Chaffee; Library issues 

Vernon Jenkins; general issues 

Brian Murphy Flynn; owner of 701 Lombard Street opposed to Eminent Domain 

Mathew Sheridan; opposed to 701 Lombard Street Eminent Domain 

Kay Murphy Flynn; opposed to 701 Lombard Street Eminent Domain 

John Dadonna; general issues 

Sal Lucinatti; opposed to 701 Lombard Street Eminent Domain 

Patricia Franklin, opposed to 701 Lombard Street Eminent Domain 

Keith Wilson; opposed to 701 Lombard Street Eminent Domain 

Marsha Grossman; opposed to 701 Lombard Street Eminent Domain 

Lynn Jefferson; opposed to 701 Lombard Street Eminent Domain 

Marsha Gardner, North Beach Ghamber of Gommerce; opposed to 701 Lombard Street Eminent Domain 

James Luke, resident of North Beach; opposed to 701 Lombard Street Eminent Domain 

Erin; drop charges regarding Queer Rights Activists 

Female speaker; drop charges regarding Queer Rights Activists 

Female Speaker; drop charges regarding Queer Rights Activists 

Rocky Palli; opposed to 701 Lombard Street Eminent Domain 

Bob Gastle; rights for American Service men and women 

Dennis Hodges; opposed to 701 Lombard Street Eminent Domain 

Phil Mamooth; opposed to 701 Lombard Street Eminent Domain 

Annette O'Neill; opposed to 701 Lombard Street Eminent Domain 

Owner of 701 Lombard Street, withdrew appeal ofGEQA Environmental Exemption 

Larry Evan; general issues, medical marijuana 



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Meeting Minutes 



Tuesday, September 30, 2003 



FOR ADOPTION WITHOUT COMMITTEE REFERENCE 



031612 



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. 

[Commending Sacred Heart Cathedral Preparatory new Student Life Center] 
Supervisors Newsom, Hall 



Resolution commending the Sacred Heart Cathedral Preparatory School on its 150th Anniversary, celebrating 
its legacy of graduating more than 80,000 high school students in the City and County of San Francisco and in 
celebrating the Grand Opening of the Daughters of Charity Foundation, Sister Teresa Piro, DC, Student Life 
Center. 

Supervisor Hall requested to be added as a co-sponsor. 

Resolution No. 659-03 

ADOPTED 

031613 [Commending Japanese Community Youth Council] 
Supervisors Newsom, Dufty, Ma 

Resolution commending the Mayor's YouthWorks Program and the Mayor's Education and Employment 
Program on having been selected as recipients of the prestigious PEPNET Award and commending the 
Japanese Community Youth Council for serving as the lead agency of these two youth employment programs. 

Supervisor Ma requested to be added as a co-sponsor. 

Resolution No. 660-03 

ADOPTED 

031614 [Commending Starting Points Initiative] 
Supervisors Newsom, Dufty, Ma 

Resolution commending Starting Points for the completion of its San Francisco Citywide Strategic Plan for 
Supporting Families and its recent formation of a Family Support Council. 

Supervisor Ma requested to be added as a co-sponsor. 

Resolution No. 661-03 

ADOPTED 

031615 [Establishing City Planning Audit Select Committee] 
Supervisor Daly 

Motion creating a City Planning Audit Select Committee. 

Motion No. M03-178 

APPROVED 



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031617 [Senate Bill 774] 
Supervisor Daly 

Resolution urging Governor Gray Davis to sign Senate Bill 774, Pharmacy Syringe Sale and Disease 
Prevention Act. 



Resolution No. 
ADOPTED 



662-03 



031618 [Commend Anne Stanton] 
Supervisors Daly, Dufty, Newsom 

Resolution commending Anne Stanton for her decade of work and leadership for homeless youth in San 
Francisco as the esteemed Executive Director of the Larkin Street Youth Services. 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 663-03 

ADOPTED 

031619 [Commendation for Linnea Klee] 
Supervisors Daly, Dufty, Newsom 

Resolution commending Linnea Klee for her ten years of service as Executive Director of the Children's 
Council of San Francisco. 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 664-03 

ADOPTED 

031620 [Halloween in the Castro - Extended BART Service] 

Supervisors Dufty, Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, 
Sandoval 



Resolution urging the Bay Area Rapid Transit District to provide late night BART Service for the "Halloween 
in the Castro" event. Service would be extended from Midnight on October 31st until 2 a.m. on November 1st, 
2003. 



Resolution No. 
ADOPTED 



665-03 



031621 [Selective purchasing of oil from companies purchase leases or develop oil fields in the Arctic National 
Wildlife Refuge] 
Supervisors Gonzalez, Peskin, Daly, Newsom 

Resolution urging the City of San Francisco to refrain from purchasing oil from companies that purchase leases 
or develop oil fields in the Arctic National Wildlife Refuge. 

Supervisors Peskin, Daly and Newsom requested to be added as co-sponsors. 

Resolution No. 666-03 

ADOPTED 



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031622 [Commending attorneys Elliot Peters, Ethan Baiogh, Dan Purcell, and Stacey Wexler for their work on 
the John Tennison case] 
Supervisors Gonzalez, Peskin, Daly 

Resolution commending attorneys Elliot Peters, Ethan Baiogh, Dan Purcell, and Stacey Wexler for their tireless 
efforts to ensure that the wrongful conviction of John "J.J." Tennison was overturned. 

Supervisors Peskin and Daly requested to be added as a co-sponsors. 

Resolution No. 667-03 

ADOPTED 

031624 [Commending Jack Moerschbaecher] 

Supervisors Maxwell, Daly, Dufty, Ma, Peskin, Hall, Newsom 

Resolution commending Jack Moerschbaecher, Director of the San Francisco Convention Facilities, for 20 
years of outstanding service to the City and County of San Francisco and for receiving the 2003 Unsung 
Hero/Heroine Award from the Yerba Buena Alliance. 

Supervisors Peskin, Hall and Newsom requested to be added as co-sponsors. 

Resolution No. 668-03 

ADOPTED 



The foregoing items were acted upon by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 2 - Ammlano, Ma 

Severed from Without Reference to Committee Agenda 

Supervisor Maxwell requested that this matter be severed so that it could be considered separately. 
031623 [African American Cultural and Entertainment Center] 

Supervisors Maxwell, Daly, Ma, Newsom, Sandoval, McGoldrick, Hall, Dufty 

Resolution welcoming the African American Cultural and Entertainment Center (AACEC) to San Francisco 
and urging the San Francisco Port Commission to negotiate with the AACEC development team. 

REFERRED to the Finance and Audits Committee. 



Supervisor Hall requested that this matter be severed so that it could be considered separately. 
031616 [Reappointment of Mark Dunlop to the S.F. HIV Health Services Planning Council] 
Supervisors Ammiano, Daly 

Resolution urging Mayor Willie L. Brown to re-appoint Mark Dunlop to the San Francisco HIV Health 
Services Planning Council. 

REFERRED to the Rules Committee. 



City and County of San Francisco 



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Tuesday, September 30, 2003 



Supen'isor Gonzalez requested that this matter be severed so that it could be considered separately. 
031635 [Healthy Kids Program Expansion] 
Supervisors Dufty, Ma, Daly 

Resolution urging the Department of Public Health to advance universal health care coverage in the City and 
County of San Francisco by extending health insurance coverage to the uninsured young adults ages 19 to 24 
through the City's Healthy Kids Program. 

REFERRED to the Finance and Audits Conunittee. 



OFF-AGENDA LEGISLATION 



Introduced by Supervisors or Mayor 



Ordinances 

031652 [Requiring for all public work involving asphalt that asphalt be purchased from the City asphalt plant] 
Supervisor Peskin 

Ordinance adopting new Subsection 6.22(Q) of Administrative Code Chapter 6, Article I, requiring that for all 
public work involving asphalt that public work contractors purchase the asphalt from the City asphalt plant. 
9/30/03, RECEIVED AND ASSIGNED to City Services Committee. 

031655 [Post-Employment Restrictions for Former City Employees] 
Supervisor Newsom 

Draft ordinance adding Chapter 8, Activities of Former Officers and Employees, to Article HI of the Campaign 
and Governmental Conduct Code; moving Section 3.545 of the Campaign and Governmental Conduct Code to 
Section 3.800; and adding prohibitions to prevent former City employees, for a period of two years, from 
communicating on behalf of any other person or entity, other than the City and County of San Francisco, with 
an elected public official who was the former employee's appointing authority or City employees who are 
current appointees of that appointing authority. 
9/30/03, RECEIVED AND ASSIGNED to Rules Committee. 

031656 [Campaign Consultants Lobbying Current and Former Clients] 
Supervisor Newsom 

Draft ordinance amending Article II, Chapter I, Section 2.100, adding Section 2.1 17 to Article II, Chapter I, 
and adding Section 1 .545 to Article I, Chapter 5 of the Campaign and Governmental Conduct Code to prohibit 
campaign consultants and employees of campaign consultants from lobbying current and former clients. 
9/30/02, RECEIVED AND ASSIGNED to Rules Committee. 



City and County of San Francisco 



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031657 [Appropriation of funding and creation of special fund for the Octavia Boulevard Project] 
Supervisor Dufty 

Ordinance appropriating $12,903,999 from the land sales to the San Francisco Redevelopment Agency and 
$1,106,631 in lease revenues from the Central Freeway land parcels for a total of $14,010,630 to fund the 
construction of Octavia Boulevard and related ancillary projects for the Department of Public Works for fiscal 
year 2003-04. (Mayor) 

(Fiscal impact; No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031658 [Appropriate State and Federal funding for the CalWORKs, Medi-Cal, IHSS and Foster Care 
programs] 

Mayor 

Ordinance appropriating $2,399,795 of CalWORKs, Medi-Cal, IHSS and Foster Care funding to fill 28.67 
vacant FTEs including deletion of 9.38 FTEs and creation of 9.38 FTEs, purchase one-time materials and 
supplies, and provide stipends to emancipated foster youth for the Department of Human Services and 
amending Annual Salary Ordinance for Fiscal Year 2003-04. (Mayor) 

(Fiscal impact; No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031659 [Public Employment] 

Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2003/04) reflecting the abolishment of 
14 positions (9.38 FTEs) and the creation of 14 positions (9.38 FTEs) at the Department of Human Services. 
(Human Resources Department) 

(Fiscal impact; No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

Resolutions 

031651 [Creation of Motorcycle Parking] 
Supervisors Gonzalez, Dufty 

Resolution urging the Department of Parking and Traffic (DPT) to create 3,759 motorcycle parking spaces and 
implement a trial bicycle and motorcycle traffic calming parking space within a 120 day time period. 
9/30/03, RECEIVED AND ASSIGNED to City Services Committee. 

031660 [Accept-Expend State Grant] 
Supervisor Dufty 

Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend grant 
funds made available through the Office of Traffic Safety for a project entitled California Seat Belt Compliance 
Campaign (CSBCC). (Mayor) 

(No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to City Services Committee. 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 30, 200.1 



031673 [Urging Governor Davis to sign Senate Bill 2] 
Supervisor Sandoval 

Resolution urging Governor Davis to sign Health Insurance Act of 2003, also known as SB 2, which would 

expand the current employer-based health care system to provide health coverage to over one million uninsured 

Califomians. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031674 [2003 Domestic Violence Awareness Month] 
Supervisors Newsom, Dufty, Peskin, Ma 

Resolution ratifying that the Board of Supervisors declares the month of October 2003 as "Domestic Violence 
Awareness Month" in the City and County of San Francisco. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031675 [Urging 108th Congress to Tie National School Lunch Program Eligibility to Regional Indicators and To 
Increase California's Reimbursement Rate] 

Supervisor Maxwell 

Resolution urging 108th U.S. Congress to link National School Lunch Eligibility Criteria to Regional Poverty 
Indicators and to increase the Program's Reimbursement Rate. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031677 [Commendation of the San Francisco Asian Peace Officers' Association] 
Supervisors Ma, Dufty, Peskin, Newsom 

Resolution commending the San Francisco Asian Peace Officers' Association for their dedication and 
commitment to the community. 

9/30/03. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031678 [Commemorating the 50th Anniversary of the Korean War] 
Supervisors Ma, Peskin, Newsom 

Resolution commemorating the 50th anniversary of the Korean War. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031679 [Commendation of National Day of the People's Republic of China] 
Supervisors Ma, Dufty 

Resolution recognizing the contributions of the Chinese community to commerce, culture and diversity and 
declaring October 1, 2003 as the "54th National Day of the People's Republic of China" in the City and County 
of San Francisco. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 30, 2003 



031680 [Showers at Lowell High School] 
Supervisor Hall 

Resolution urging the San Francisco Unified School District to consult with, and obtain the approval of, the 
Crestlake Property Owners Association, the Lakeshore Acres Improvement Club, the Lakeside Homes 
Association, the Lakeside Property Owner's Association, the Merced Manor Property Owner's Association, the 
West of Twin Peaks Central Council, and the District Seven Advisory Council before implementing a plan to 
allow homeless individuals to use shower facilities at Lowell High School. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031681 [Commending Saint Thomas the Apostle Catholic Church] 
Supervisor McGoldrick 

Resolution commending Saint Thomas the Apostle Catholic Church for its significant contribution to the 
community and proclaiming October 19, 2003 Saint Thomas the Apostle Catholic Church Day. 
9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031682 [Koshland Park--Gift-in-Place] 
Supervisors Gonzalez, Dufty, Peskin, Newsom 

Resolution accepting a gift in place valued at approximately $200,000 from the Friends of Recreation and 
Parks, a non-profit organization, to the Recreation and Park Department of Koshland Park. 
9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031683 [Urging 108th U.S. Congress to pass the Agjobs Act of 2003] 
Supervisor Sandoval 

Resolution urging I08th U.S Congress to pass the AgJobs Act of 2003 for seasonal immigrant farm workers. 
9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031684 [Commending the Committee for the Confucius Memorial Ceremony] 
Supervisors Ma, Peskin 

Resolution commending the Committee for the Confucius Memorial Ceremony for their dedication to 
recognizing the teachings of Confucius. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



City and County of San Francisco 



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Tuesday. September 30, 2003 



031623 [African American Cultural and Entertainment Center] 

Supervisors Maxwell, Daly, Ma, Newsom, Sandoval, McGoldrick, Hall, Dufty 

Resolution welcoming the African American Cultural and Entertainment Center (AACEC) to San Francisco 

and urging the San Francisco Port Commission to negotiate with the AACEC development team. 

9/23/03. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

9/30/03, REFERRED to Finance and Audits Committee. 

031616 [Reappointment of Mark Dunlop to the S.F. HIV Health Services Planning Council] 
Supervisors Ammiano, Daly 

Resolution urging Mayor Willie L. Brown to re-appoint Mark Dunlop to the San Francisco HIV Health 

Services Planning Council. 

9/23/03. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

9/30/03. REFERRED to Rules Committee. 

031635 [Healthy Kids Program Expansion] 
Supervisors Dufty, Ma, Daly 

Resolution urging the Department of Public Health to advance universal health care coverage in the City and 

County of San Francisco by extending health insurance coverage to the uninsured young adults ages 19 to 24 

through the City's Healthy Kids Program. 

9/23/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

9/30/03, REFERRED to Finance and Audits Committee. 

Requests for Hearings 

031654 [SFPD's Community Relations Efforts] 
Supervisor Maxvcell 

Hearing to address the San Francisco Police Department's community relations efforts. 
9/30/03, RECEIVED AND ASSIGNED to City Services Committee. 

031667 [Committee of the Whole - Human Rights Commission Appointment] 
Supervisor Peskin 

Hearing to consider the Mayor's appointment of Vernon Grigg to the Human Rights Commission. 

10/1/03, SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. Board Sitting as a Committee of 

the Whole pending approval of File Numbers 031663, 031664, and 031665 on October 7, 20O3 at 4:00 p.m. 



City and County of San Francisco 



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Meeting Minutes 



Tuesday, September 30, 2003 



031653 [Annual Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget 
Guidelines and Draft Budget] 
Supervisor Daly 

Hearing to consider the annual review and approval of the Board of Supervisors/Clerk of the Board Annual 
Budget Guidelines and Draft Budget prior to submittal to the Mayor. 
9/30/03, RECEIVED AND ASSIGNED to Budget Committee. 

Motions 

031666 [Committee of the Whole] 
Supervisor Peskin 

Motion scheduling a Committee of the Whole to consider the Mayor's appointment of Vernon Grigg to the 
Human Rights Commission to be held on October 7, 2003 at 4:00 p.m. (File Numbers 031663, 031664, and 
031665). 

10/1/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031650 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031663 [Appointment - Human Rights Commission] 

Motion approving the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term 
ending September 2, 2004. (Mayor) 

10/1/03, RECEIVED AND ASSIGNED to Board of Supervisors. 

031664 [Appointment - Human Rights Commission] 

Motion rejecting the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term 
ending September 2, 2004. (Mayor) 

10/1/03, RECEIVED AND ASSIGNED to Board of Supervisors. 

031665 [Appointment - Human Rights Commission] 

Motion taking no position concerning the Mayor's appointment of Vernon Grigg to the Human Rights 
Commission, for term ending September 2, 2004. (Mayor) 
10/1/03, RECEIVED AND ASSIGNED to Board of Supervisors. 



City and County of San Francisco 



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Board of Supervisors 



Meeting Minutes 



Tuesday, September 30, 2003 



031676 [Legislative Analyst Request] 

Supervisors Dufty, Ma, Ammiano, Gonzalez 

Motion requesting the Legislative Analyst's Office to study the non-profit collective/cooperative medical 
cannabis cultivation and distribution model recently employed by the Wo/men's Alliance for Medical 
Marijuana (WAMM) in Santa Cruz, and to analyze the feasibility and ramifications of implementing such a 
model in San Francisco. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

Charter Amendments 

031405 [Charter Amendment - Establishing a Public Education Fund] 
Supervisors Ammiano, Dufty, Daly 

Charter amendment (Second Draft) to add Sections 16.123-1 through 16.123-10, to establish a Public 
Education Enrichment Fund. 

(Fiscal impact.) 

8/12/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/1 1/2003. 

9/30/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing new title. 

9/30/03, ASSIGNED to Rules Committee. Referred to the Youth Commission on October 7, 2003. 

031562 [Charter Amendment - Retirement System benefits for domestic partners] 
Supervisors Ammiano, Dufty 

Charter amendment (Second Draft) to add Section 16.125 authorizing the Board of Supervisors to amend or 

repeal provisions of the Domestic Partnership Ordinance to effectuate the voters' intent that domestic partners 

be afforded the same rights and responsibilities as spouses, and adding Section A8.500-3 so that domestic 

partners are treated exactly the same as spouses for benefits under the Retirement System. 

9/16/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/16/2003. 

9/30/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing new title. 

9/30/03, ASSIGNED to Rules Committee. 



PROPOSED ORDINANCES 

031600 [Commercial Vehicle Parking in Certain Use Districts] 

Ordinance amending Traffic Code by amending Sections 63 and 63 (a) thereof, relating to commercial vehicle 
parking in certain use districts. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

9/18/03, RECEIVED AND ASSIGNED to Land Use Committee. 



City and County of San Francisco 



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Board of Superviwrs 



Meet in); Minutes 



Tuesday, September 30, 2003 



PROPOSED RESOLUTIONS 

031598 [First Amendment to Lease of SFPUC Property for Operation of a Public Golf Course and Related 
Facilities] 
Supervisor McGoldrick 

Resolution authorizing a First Amendment to Lease of Public Utilities Commission Land between the City and 
County of San Francisco and Crystal Springs Golf Partners, L.P., in San Mateo County. (Public Utilities 
Commission) 

(Fiscal impact; Public Benefit Recipient.) 

9/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031601 [Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code 
Section 4703.2 for fiscal year 2002-2003 and thereafter] 

Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code 
Section 4703.2 for fiscal year ending June 30, 2003 and thereafter. (Controller) 

(Fiscal impact; No Public Benefit Recipient.) 

9/19/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Department requests this item be 

scheduled for consideration at the October 1 , 2003 meeting. 

031602 [Substance Abuse and Crime Prevention Act of 2000 - Implementation Plan] 
Supervisors Newsom, Daly 

Resolution authorizing adoption of the San Francisco County Plan for the Substance Abuse and Crime 
Prevention Act of 2000 for Fiscal Year 2003-2004. (Public Health Department) 

(Public Benefit Recipient.) 

9/16/03. RECEIVED AND ASSIGNED to City Services Conunittee. 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 



Requests Granted 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance to register more voters based on New York City's Pro-Vote law. 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance to prohibit campaign consultants fi^om lobbying the Board of 

Supervisors, the Mayor or City departments and commissions. 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance to cede a budget and general guidelines to the Local Homeless 

Coordinating Board. This group, not elected officials, could decide on shelters, drug treatment, hotel beds, 

welfare rules and sanctions. 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance to preserve neighborhood scale by creating a district-wide 

environmental study of traffic and pollution related to housing done ahead of time of wider area. 

Neighborhood groups would have a voice at the front end when general building limits are hammered out. 

But once the rules and limits are set, the potential for delays, uncertainty and rising costs would be ended. 

From: Supervisor Daly 

To: Director, Treasure Island Development Authority 

To: General Manager, Recreation and Park Department 

Requesting/Inquiring: For the Director of Treasure Island and the General Manager of Recreation and Park 

to work together to advise on lessons learned from Treasure Island's Little League field and the steps needed 

to develop more fields. 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance requiring signs for reporting offenders and to require warnings 

go out with garbage bills. 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance to increase the number of small local businesses that contract 

with the city as a way of promoting development and sustaining long-tenn investment. San Francisco 

currently has more than 60, 000 small businesses but fewer than 20 percent of them have primary city 

contracts with the city. 

From: Supervisor Daly 

To: Director. Department of Parking and Traffic 

Requesting/Inquiring: To respond to comments from the San Francisco Chronicle related to traffic 

enforcement. (See Attached.) 

From: Supervisor Hall 

To: Director, Planning Department 

Requesting/Inquiring: What steps or suggestions does the Department have for notifying all of San Francisco's 

homeowners about public meetings dealing with the Housing Element and the pending secondary unit 

legislation? Is it feasible for the Planning Department to send notice to all recipients of water bills or 

property tax bills? 



City and County of San Francisco 26 Printed at 9:11 AM on 4/1/2004 



Board of Supervisors Meetinf; Minutes Tuesday, September 30, 2003 

From: Supervisor Hall 

To: City Attorney 

Requesting/Inquiring: To draft an opinion explaining whether or not homeowner association CC&R's "trump" 

provisions of the proposed Housing Element and the pending ordinance on secondary units. 

From: Supervisor Maxwell 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance that would address requirements for siting combustion turbines 

in the City, taking into consideration both the City process and commitments the City could make to address 

the concerns of the community, including the process for developing mitigation. 

In Memoriams 

Mort Bass (Supervisor Daly) 

Arnette Watson (Supervisor Daly) 

R. Jeffrey Hayward (Supervisor Dufty) 

Edward Said (Supervisor Gonzalez) 

Phyllis Porter (Supervisor Hall) 

Richard Parrino (Supen'isor Hall) 

Ru-Jin Li (Supervisor Ma) 

Sheila Hill-Fajors (Supervisor Maxwell) 



City and County of San Francisco 27 Printed at 9:11 AM on 4/1/2004 



Board of Supervisors Meeting Minutes Tuesday, September 30, 2003 



ADJOURNMENT 



There being no further business, the Board at the hour of 4:56 p.m. adjourned. 
Gloria L. Young, Clerk of the Board 



N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, 
but not necessarily the chronological sequence in which the matters were taken up. 

Approved by the Board of Supervisors on October 21, 2003. 

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. 



Gloria L. Young 
Clerk of the Board 



City and County of San Francisco 28 Printed at 9:11 AM on 4/1/2004 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 

-MEETING MINUTES 



Tuesday, October 7, 2003 2:00 PM 

Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Regular Meeting 



DOCUMENTS DEPT. 
JAN 1 3 Z004 

SAN FRANCISCO 
PUBLIC LIBRARY 



MA TT GONZALEZ, PRESIDENT 

TOMAMMIANO, CHRIS DALY, SEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GA VINNEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 

Agendas of the Board of Supervisors are available on the internet at www.ci.sfca.us/bdsupvsrs 



BOARD COMMITTEES 



Committee Membership 

Budget Committee 



Supervisors Daly, Peskin, Maxwell, Ma, Gonzalez 

City and School District Select Committee 

Supervisors Maxwell, Ammiano, Ma, Commissioners Cruz, Sanchez, Kelly 

City Services Committee 

Supervisors Dufty. Ma, Newsom 

Finance and Audits Committee 

Supervisors Peskin, Sandoval, McGoldrick 

Land Use Committee 

Supervisors McGoldrick, Maxwell, Ammiano 

Rules Committee 

Supervisors Hall, Duft>, Gonzalez 



Meeting Days 



Thursday 
I ;00 PM 



2nd Monday, bi-monthly 
4:00 PM 



Thursday 
9:30 AM 



Wednesday 
12:30 PM 

Monday 
1:00 PM 

Wednesday 

9:30 AM 



First-named Supervisor/Commissioner is Chair, Second-named Super\'isor/Comniissioner is Vice-Chair, of the Committee 

Volume 98 Number 34 



Board of Supen'isors Meeting Minutes Tuesday. October 7, 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo 
Sandoval 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting was called to order at 2:06 p.m. On the call of the roll, the following 
Siiper\'isor was noted absent. 

Supen'isor Ammiano - I 

Quorum present. 

Supervisor Ammiano was noted present at 2:12 p.m. 

APPROVAL OF MEETING MINUTES 



Supervisor Dufty, seconded by Supervisor Peskin, moved to approve September 16, 2003 Meeting Minutes. The 
motion carried by the following vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent; 1 - Ammiano 



AGENDA CHANGES 



COMMUNICATIONS 



Gloria L. Young, Clerk of the Board, informed the Board that October 7, 2003 is the last day to submit 
Revenue Bonds, Ordinances and Declarations of Policy for the March 4, 2004 Election. 

Gloria L. Young, Clerk of the Board, introduced Amanda Kahn, a John Gardner Fellow who is with the 
Clerk's Office for 10 months working on several projects including a volunteer program for the Board. 

Gloria L. Young. Clerk of the Board, informed the Board as a result of the innovative approach to knowledge 
management and succession planning that this organization has implemented, we have been selected to be a 
presenter at the Institute for International Research Brainstrust International 2004 Conference. 

Gloria L. Young. Clerk of the Board, also informed the Board that the Clerk's Office is participating with Cat 
Berkeley Students in an organi-ational workspace redesign project. 



CilyaiulCouiiiyofSaiiFranciscd I07.f Priiucil al 2:111 PM on IO/2.l'20O.^ 



Board of Supenisors Meeting Minutes Tuesday, October 7, 2()0i 



CONSENT AGENDA 



Recommendations of the City Services Committee 

031518 [Accept-Expend Federal Grant| 
Supervisor Dufty 

Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of 
$25,000 from the Environmental Protection Agency to provide training to municipal staff involved in 
construction and renovation of municipal buildings on Leadership in Energy and Environmental Design 
(LEEDTM) sustainable building standards and to develop a database to track municipal green building projects 
and their environmental benefits to the City and County of San Francisco. (Environment) 

(No Public Benefit Recipient.) 

Resolution No. 680-03 
ADOPTED 

031401 [Improving coordination between the San Francisco Police Department and the Office of Citizen 
Complaints] 
Supervisors Gonzalez, Dufty, Daly 

Ordinance amending the Administrative Code by adding a new Chapter 96, establishing requirements 
governing the authority and duties of the Police Department, the Office of Citizen Complaints and the Police 
Commission with respect to investigations by the Office of Citizen Complaints, including reporting on the 
status of sustained cases, minimum requirements for disclosure of documents by the Police Department, 
providing the Office of Citizen Complaints with subpoena power against third parties, imposing training 
requirements for police officers on whistleblower protection laws, and for police commissioners on public 
safety officer discipline, and adding uncodified provisions to require the Police Commission to consider 
revisions to the Early Warning System and study restricting promotions for officers disciplined for 
misconduct; require the Police Department and the Office of Citizen Complaints to meet and report on the 
development of a shared case tracking system; and require current police commissioners to receive training on 
public safety officer discipline. 

No Public Benefit Recipient 

Supervisor Daly requested to be added as a co-sponsor. 
Ordinance No. 244-03 

FINALLY PASSED 

Recommendations of the Finance and Audits Committee 



City and Count) of San Francisco 1074 Printed at 2:1 1 PM on 10/23/2003 



Board of Supervisors Meeting Minutes Tuesday. October 7, 2003 

031360 (Contracting out Security Guard Services) 

Resolution concurring with the Controller's certification that security guard services provided by Zonux 
Security Solutions can be performed at a lower cost than similar services performed by City and Counrv- 
Employees. (Parking and Traffic Department) 

( Public Benefit Recipient.) 

Resolution No. 673-03 
ADOPTED 

031494 [Contracting for Security Guard Services at 1680 Mission Street for fiscal year 2003-2004] 

Resolution concurring retroactively with the Controller's determination that security guard services can 
practically be performed at the Bureaus of Construction Management and Engineering Offices at 1680 Mission 
Street by private contractor for a lower cost than if the services were performed by City employees. (Public 
Works Department) 

(No Public Benefit Recipient.) 

Resolution No. 678-03 
ADOPTED 

Recommendations of the Rules Committee 

031515 [Settlement of Lawsuit - Jonathan Johnson] 

Ordinance authorizing settlement of the lawsuit filed by Jonathan Johnson against the City and County of San 
Francisco for SI 50,000; the lawsuit was filed on June 1 1, 2001 in San Francisco Superior Court, Case No. 322- 
080; entitled Jonathan Johnson, et al., v. City and County of San Francisco, et al; other material terms of said 
settlement are the waiver of the San Francisco General Hospital medical lien in the amount of S29,281 .37. 
(City Attorney) 

(Public Benefit Recipient.) 

Ordinance No. 247-03 
FINALLY PASSED 

031391 [Appointment[ 

Resolution appointing Joanne Kipnis, term ending April 30. 2004 to the Animal Control and Welfare 
Commission. 

Joanne Kipnis, succeeding Jamal James Modica, resigned, seat 2, must be a member representing the general 
public having interest and experience in animal matters for the unexpired portion of a two-year term ending 
April 30. 2004. 

Resolution No. 674-03 
ADOPTED 



Cin and Counts' of San Francisco 1075 I'nntal at 2:! I PM on ll)/23/2003 



Board of Supervisors Meeting Minutes Tuesday, Ocloljer 7, 2003 



031392 lAppointmentl 

Resolution appointing Philip Choy, term ending December 16, 2003, to the San Francisco Museum and 
Historical Society' Advisory Committee. 

Philip Choy, succeeding Melissa Szeto, resigned, 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 the 
unexpired portion of a one-year term ending December 16, 2003. 

Resolution No. 675-03 

ADOPTED 

030411 lAppointment] 

Resolution appointing Stephen Griswold and Dhaya Lakshminarayanan, terms ending April 5, 2005 to the 
Urban Forestry Council. Residency requirement waived. 

Stephen Griswold, (residency requirement waived) new appointment, seat 5, must be a representative of the 
Golden Gate National Recreational Area, for a 2 year term ending April 5, 2005. 
Dhaya Lakshminarayanan, succeeding Diana Cohen, resigned, seat 8, must be a representative of the 
community for the unexpired portion of a two-year term ending April 5, 2005. 

Resolution No. 670-03 
ADOPTED 

031431 [Appointment] 

Resolution appointing Steven Chester, Stuart Berger, and Reverend G. Penny Nixon, terms ending May 1 5, 
2005 to the Local Homeless Coordinating Board. 

Steven Chester, succeeding himself, term expired, seat 1, must represent homeless or formerly homeless for a 

two-year term ending May 15, 2005. 

Stuart Berger, succeeding himself, term expired, seat 3, must represent area of advocacy for a two-year term 

ending May 15,2005. 

Reverend G. Penny Nixon, succeeding Bob Nelson, term expired, seat 7, must be a service provider with the 

"floating" qualification of a focus on health services, HIV and harm reduction (This "floating" qualification 

currently attaches to this seat but can be assigned to any of the Mayor's or Board's service provider seats.) for a 

two-year term ending May 15, 2005. 

Resolution No. 696-03 
ADOPTED 

031460 IConfirming the re-appointment of Dar Singh to the San Francisco Redevelopment Agency] 
Mayor 

Resolution confirming the re-appointment of Dar Singh to the San Francisco Redevelopment Agency for a four- 
year term ending September 03, 2007. 

Resolution No. 649-03 
ADOPTED 



Cily and Coiiiin of San Francisco 1076 Primed al 2:1 1 PM on 10/23/2003 



Board of Supervisors Meeting Minutes Tuesday, October 7. 2003 



031461 [Confirming the re-appointment of Michelle Sexton to the San Francisco Redevelopment Agency] 
Mayor 

Resolution confirming the re-appointment of Michelle Sexton to the San Francisco Redevelopment Agency for 
a four-year term ending September 3, 2007. 

Resolution No. 650-03 
ADOPTED 

031492 lAppointment) 

Resolution appointing Nicole Dogwill, term ending April 27, 2004, to the Sunshine Ordinance Task Force. 

Nicole Dogwill, succeeding Joshua Koltun, resigned, seat 1, must be appointed from names submitted by the 
local chapter of the Society of Professional Journalists and be an Attorney, for the unexpired portion of a two- 
year term ending April 27, 2004. 

Resolution No. 677-03 

ADOPTED 



dry and Coiinry o/Snn franciM,, 1(177 Primed at 2: 1 1 PM on l(r:.l'2IH).1 



Board of Supervisors Meeting Minutes Tuesday, October 7, 200.^ 



Recommendations of the Land Use Committee 

031406 IBuilding Code - Technical Corrections/Clarifications] 
Supervisor Daly 

Ordinance amending the Building Code to effect technical corrections/clarifications to Section 3 102.8, by 
adding provisions previously included in the Code regarding woodbuming appliances, Section 101.20, by 
adding provisions previously included in the Code regarding the operation of the Central Permit Bureau, 
Section 106.1, by deleting provisions regarding permit requirements that were previously removed fi"om the 
Code, Section 106.3.2, by adding provisions previously included in the Code regarding submittal documents 
for permit applications. Section 103.3.1, 103.3.2, 103.3.3, 103.3.4, and 103.3.5 by deleting provisions 
regarding unlawfijl residential demolition and adding the provisions regarding unlawful residential demolition 
that were previously included in the Code, Section 205 by deleting the definition of demolition, by amending 
Figure 16B-1, Sections 105.4.2, 105.4.3.1, 107.1.1, 108.5.6, 1003.3.3.2, lOOlA, 1304.A.1, 1307A.2, 1311A.1, 
1313A.3, 1314A.2, 1316A.1, 1308A.3, 1605.4.3, 1604B.2.3, 16058.3, 1605B.8, 1606B, 1604C, 1608C.5, 
1611C.3.1, 1611C.4.2, 1611C.6.1, 1611C.6.2, 161 IC.2.2.2, Table 16C-D, 1701.5,3403.2.1.2,3407.1, 
3407.2.3, 3407.4.3, 3407.5.3.4, 3407.5.3.5, 3408.3.2, 1605.4.3, 1605.5, 106.4.4, 409.9.1, 1602C.6.1, 
1602C.6.2, 3303.9.2, 3403.2.1.1, and 1605.4.1 to correct typographical errors, and making findings in 
accordance with California Health and Safety Code Section 17958.5 as to the local climatic, topological and 
geological reasons for amending the State Building Code. 

Ordinance No. 245-03 
FINALLY PASSED 

031490 [Angle Parking] 
Supervisor Daly 

Ordinance amending San Francisco Traffic Code Sections 55 and 132 to prohibit any person from parking or 
standing a vehicle other than at the angle of the curb or edge of roadway indicated by signs or markings, and to 
provide for penalties. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

Supervisor Daly requested to be added as sponsor. 
Ordinance No. 246-03 
FINALLY PASSED 



The foregoing items were acted upon by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 



Cit}' and County of San Francisco 1078 Primed at 2:1/ PM on 10/23/2003 



Board of Supervisors Meeting Minutes Tuesday, October 7, 2005 



REGULAR AGENDA 



NEW BUSINESS 



Recommendations of the City Services Committee 

030801 [31 1/ Customer Relationship Management System] 
Supervisors Newsom, Daly, Gonzalez 

Resolution urging the Department of Telecommunications and Information Systems (DTIS) to pursue all 
options necessary to develop a 3 1 1/Customer Relationship Management System; and urging DTIS and the 
Emergency Communications Department to continue to coordinate their respective efforts toward developing a 
project plan for implementing a 31 1/Customer Relationship Management System for the City and County of 
San Francisco. 

Supervisors Daly and Gonzalez requested to be added as co-sponsors. 
Resolution No. 694-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031196 ICitiStat management strategy] 

Supervisors Newsom, Dufty, Ma, Daly, Gonzalez 

Resolution urging the Department of Telecommunications and Information Services to investigate the 
feasibility of implementing a CitiStat management strategy for the City and County of San Francisco. 

Supervisors Daly and Gonzalez requested to be added as a co-sponsors. 
Resolution No. 695-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Recommendations of the Finance and Audits Committee 

Supervisor Ammiano noted present at 2: 12 p.m. 



City and County of San tranciscu 1079 Printed at 2: 12 PM <in t(l/2.l'2llll.^ 



Board of Supen'isor\ Meeting Minutes Tuesday, October 7. 2003 

031462 [Appropriate funding for the Day Laborer Program] 
Supervisors Ammiano, Daly 

Ordinance re-appropriating S75,000 from FY 2002-2003 and $90,000 FY 2003-2004 from the Mayor's Office 
to the Immigrant Rights Commission, Administrative Services Department, to fund the Day Laborer Program 
for fiscal year 2003-04. 

Supervisor Daly requested to be added as a co-sponsor. 
PASSED ON FIRST READING by the following vote: 

Ayes; 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrlck, Newsom, Peskin, Sandoval 

031276 [Approving ballot and hearing procedures for renewal of the Union Square Business Improvement 
District] 

Supervisors Peskin, Dufty, Newsom, Hall 

Resolution establishing ballot and hearing procedures governing ballots cast by property owners of property 
located within the boundaries of the Business Improvement District known as the "Union Square Business 
Improvement District" for the purpose of deciding whether to renew the assessment for the Union Square 
Business Improvement District for an additional five year term. 

Continued to October 21. 2003 

Supervisor Ammiano, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED. The motion 

carried by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrlck, Newsom, Peskin, Sandoval 

031277 [Authorize renewal and modiflcation of the Union Square Business Improvement District] 
Supervisors Peskin, Dufty, Newsom, Hall 

Resolution declaring the intention of the Board of Supervisors to authorize renewal and modification of 
boundaries of a property-based business improvement district known as the "Union Square Business 
Improvement District," to order the levy and collection of a multi-year assessment, and setting a time and place 
for a public hearing thereon. 

Continued to October 21. 2003 with pending amendment. 

Supervisor Newsom requested to be added as a co-sponsor. 

Supervisor Ammiano, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED. The motion 

carried by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrlck, Newsom, Peskin, Sandoval 



City- and Count)' of San Francisco 1080 Primed at 2:12 PM on 10/23.'2003 



Board of Supervisors Meeting Minutes Tuesday, October 7, 2003 



031498 [Authorizing issuance/sale of bond refunding the City and County of San Francisco Settlement 
Obligation Bonds, Series 2001 (Business Tax Judgment)] 
Mayor 

Resolution authorizing and directing the sale of not to exceed $45,000,000 City and County of San Francisco 
Refunding Settlement Obligation Bonds, Series 2003-Rl; prescribing the form and terms of said bonds, 
authorizing the execution, authentication and registration of said bonds; providing for an annual appropriation 
to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said 
bonds; providing for the establishment of accounts related thereto; approving the form of the Official Notice of 
Sale and the Notice of the Intention to Sell Bonds; approving the form and execution of the Official Statement 
relating thereto; approving the form of the Continuing Disclosure Certificate; approving the form of the 
Refunding Instructions; approving modifications to the documents approved herein; ratifying certain actions 
previously taken; and granting general authority to City officials to take necessar>' actions in connection with 
the authorization, issuance, sale and delivery of said bonds. 

Resolution No. 679-03 

ADOPTED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Hall, Ma, Maxwell, McGoldrick, Nev*/som, Peskin, Sandoval 
Noes: 2 - Daly, Gonzalez 

031548 [Purchase from the S.F.Unified School District of Real Property located at 380 Bacon St., San Francisco 
for the Public Library] 
Mayor, Supervisor Ammiano 

Resolution authorizing the execution and performance of an Agreement of Purchase and Sale for Real Estate 
between the City and County of San Francisco and the San Francisco Unified School District (the "Seller" or 
"District"), for the purchase of real property and improvements located at 380 Bacon St., San Francisco (being 
a portion of Block 5983), for use as the Portola Branch Library of the San Francisco Public Library'; adopting 
findings under the California Environmental Quality Act; and adopting findings that the conveyance is 
consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section lOI.L 

(Fiscal impact; No Public Benefit Recipient.) 

Resolution No. 681-03 

ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Cily ami Cuiinly of San Francisco 1081 Printed al 2. IJ PM on I (J/2 J/2 (W.I 



Board of Supervisors 



Meeting Minutes 



Tuesday, Octol>er 7. 2003 



Recommendations of the Land Use Committee 

030999 [Lot Line Selection for Vacant Lots Abutting Two or More Streets! 
Supervisor McGoldrick 

Ordinance amending Planning Code Section 130 to require that before a lot owner may elect which lot line is to 
be the front lot line of the lot for purposes of the yard and setback requirements the lot must not only abut on 
two or more streets, but must also be vacant, and making findings of consistency with the priority policies of 
Planning Code Section 101.1 and the General Plan. 



PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall 



Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



031 100 [Planning Code Amendment--Mining Exchange Building Setback] 
Mayor, Supervisor Hall 

Ordinance adopting findings; and amending Appendix B to Article 1 1 of the San Francisco Planning Code to 
allow an addition over the San Francisco Mining Exchange Building set back no less than thirty (30) feet from 
Bush Street. 

(No fiscal impact; Planning Commission Resolution No. 16275, adopted November 8, 2001, recommending 
approval.) 

Supervisor Hall requested to be added as a co-sponsor. 
PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031368 [Zoning Map Amendment in connection with Seawall Lot 330] 

Ordinance amending Zoning Map Sheet IH of the City and County of San Francisco for property located on a 
portion of Seawall Lot 330, Assessor's Block 3771 to change the height and bulk district classification from 
105-F to 220-G; adopting findings pursuant to the California Environmental Quality Act; and making findings 
of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Planning 
Department) 

(No Public Benefit Recipient; Companion measure to File 031369.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031369 [General Plan Amendment in connection with Seawall Lot 330] 

Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Bryant 
Street Residential Tower on Seawall Lot 330; adopting findings pursuant to the California Environmental 
Quality Act; and adopting findings that the General Plan amendment is consistent with the eight Priority 
Policies of Planning Code Section 101.1. (Planning Department) 

(No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 



1082 



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Board of Supen'isors Meeting Minutes Tuesday. October 7, 2003 



031434 [Approval of Public Trust Exchange] 

Resolution approving an Exchange Agreement with the State Lands Commission that would remove the public 
trust and Burton Act trust from approximately 22,600 square feet of unimproved real property located on 
Seawall Lot 330 at the comer of Bryant and Beale Streets, and would place the public trust and Burton Act 
trust on an approximately 8.77 acre site located between Maryland Street, Cesar Chavez Street, and 24th Street, 
on the eastern portion of the Western Pacific parcel; and adopting findings that the approved actions are 
consistent with the City's General Plan and eight Priority Policies of City Planning Code Section 101.1. (Port) 

(No Public Benefit Recipient.) 

Resolution No. 676-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031099 |CEQA Findings - Office projects for 350 Bush Street and 500 Pine Street, including the expansion of 
Saint Mary's Square Park] 
Mayor, Supervisor Hall 

Resolution adopting environmental fmdings (and a statement of overriding considerations) pursuant to the 
California Environmental Quality Act ("CEQA") and state guidelines in connection with the office projects for 
350 Bush Street and 500 Pine Street, including the expansion of Saint Mary's Square Park and the amendment 
to Appendix B to Article 1 1 - Category II Buildings of the Planning Code. 

(No fiscal impact.) 

Supervisor Hall requested to be added as a co-sponsor. 
Resolution No. 672-03 
ADOPTED by the following vote: 

Ayes; 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031098 (Expansion of Saint Mary's Square Park) 
Mayor, Supervisor Hall 

Resolution in conjunction with the development of the office projects at 350 Bush Street and 500 Pine Street: 
(i) approving the conveyance of a parcel of property to the city, which parcel shall be improved and maintained 
as a public park at no cost to the city, pursuant to the terms of established documentation developed by the City 
Attorney's Office and the projects' sponsors (ii) authorizing execution of documentation implementing 
conveyance of the property and the effectuation of the transactions contemplated therein (iii) providing that, 
following the execution of the documentation and the conveyance, the property shall be under the jurisdiction 
of the Recreation and Park Commission to be administered by the San Francisco Recreation and Park 
Department and (iv) authorizing the Mayor's Office of Housing to accept and expend a voluntary contribution 
$1,000,000 for the acquisition or construction of permanent affordable single room occupancN housing in San 
Francisco. 

(No fiscal impact.) 

Supervisor Hall requested to be added as a co-sponsor. 
Resolution No. 671-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Cily ami County of San Francisco 1083 Printeil at 2:12 PM on II),2.12(I()3 



Board of Supen'isors Meeting Minutes Tuesdiiy. Octoher 7, 2003 



Recommendations of the Rules Committee 

Supervisor Ammiano noted absent at 2:46 p.m. 
031502 [Reduce Members of Lead Hazard Reduction Citizens Advisory Committee From 20 to 15) 
Supervisor Peskin 

Ordinance amending section 1608 of the San Francisco Health Code to reduce the number of voting members 
in the Lead Hazard Reduction Citizen Advisory Committee from 20 to 14 members by ehminating seats for the 
affordable housing developers, financial expert, and child care representatives, reducing the number of paint 
contractor representatives from two to one and reducing the number of tenant representatives from three to one. 

Supervisor Hall, seconded by Supervisor Peskin, moved to amend by restoring one of the tenant representative 

seats. 

AMENDED by the following vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Nev*/som, Peskin, Sandoval 

Absent: 1 - Ammiano 

Ordinance amending Section 1608 of the San Francisco Health Code to reduce the number of voting members 
in the Lead Hazard Reduction Citizen Advisory Committee from 20 to 15 members by eliminating seats for the 
affordable housing developers, financial expert, and child care representatives, reducing the number of paint 
contractor representatives from two to one and reducing the number of tenant representatives from three to two. 

Supervisor Daly moved to amend by requiring $2, 950, 000 from the sale of this property be taken from the 
Open Park Space Fund and given to either the Department of Public Works or another appropriate agency for 
housing for the homeless. 

Motion failed for lack of a second. 

PASSED ON FIRST READING AS AMENDED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031545 lAgreement to Exchange of Property and Settlement of Lawsuit - William F. Spiers dba Spiers 
Construction Company] 
Supervisors Hall, Dufty 

Ordinance authorizing an agreement to exchange vacant land uphill from Edgehill Park for the City's property 
on Portola Drive; adopting findings that the exchange agreement is categorically exempt from environmental 
review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 
101.1; authorizing the Director of Property to execute documents, make certain modifications and take certain 
actions in furtherance of the exchange agreement; and authorizing settlement of the lawsuit entitled City and 
County of San Francisco v. William F. Spiers dba Spiers Construction Company, filed on November 29, 2001 
in San Francisco Superior Court, Case No. 401-800, for an injunction requiring removal of Spiers' fence 
blocking access to Edgehill Park, for dismissal of Spiers' cross-complaint for quiet title, and for the exchange 
agreement. 

(Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Daly 

Cily and County of San Francisco 1084 Primed at 2:12 PM on 10/2.^/2003 



Board of Supervisors Meeting Minutes Tuesday, October 7, 2003 



Supervisors Gonzalez and Ma Excused From Voting 

Supervisor Ammiano, seconded by Supervisor Peskin, moved to excuse Supervisors Gonzalez and Ma from voting on 
this matter. The motion carried by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused; 2 - Hall, Ma 

031646 [Appointment] 

Resolution appointing Fiona Ma and Matt Gonzalez terms ending June 30, 2005 to the Association of Bay 
Area Governments Executive Board. 

Fiona Ma, succeeding herself, term expired, seat 1, must be a member of the Board of Supervisors, for a two 
year term ending June 30, 2005. 

Matt Gonzalez, succeeding himself, term expired, seat 2, must be a member of the Board of Supervisors, for a 
two year term ending June 30, 2005. 

Resolution No. 682-03 
ADOPTED by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Hall, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 2 - Gonzalez, Ma 



SPECIAL ORDER 4:00 P.M. 

Recess 

The Board recessed at the hour of 3:54 p.m. 

Reconvening of the Board 

The Board at the hour of 4:06 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 
Supervisors Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin - 6 

Quorum present. 

Supervisors Ammiano, McGoldrick. Newsom. Sandoval were noted present at 4:08 p.m. 



City and County of San Franciscu KISS Printed al 2:13 PM on lll.'2.l'20()i 



Board of Supennsors Mectiiif; Minutes Tuesday, Oclober 7, 2003 



(This matter niav be continued.) 



Board of Supervisors Sitting as a Committee of the Whole 

031552 [Hearing - Acquisition of Property by Eminent Domain - 701 Lombard Street) 

Hearing of persons interested in or objecting to proposed resolution authorizing acquisition of Lot 001 in 
Assessor's Block 0074 in San Francisco by Eminent Domain for the Neighborhood Park Bond and Open Space 
Programs, and adopting findings under City Planning Code Section 101.1. (Clerk of the Board) 

(Companion measure to Files 03 1 550, 03 1 55 1 , 03 1 552.) 

The President inquired if there was anyone present who wished to address the Board. 

Speakers: 

Alice Barkley, Attorney objecting to the continuance 

Continued to October 21, 2003 at 4:00 p.m. 

Supervisor Peskin, seconded by Supervisor Dufty, moved that this Hearing be CONTINUED. The motion carried by 

the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 1 - Daly 

Committee of the Whole Rise and Report Without Recommendation 

031551 [Eminent Domain - Resolution of Necessity - 701 Lombard Street] 
Supervisor Peskin 

Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain 
for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code 
Section 101.1. 

Continued to October 21. 2003 at 4:00 p.m. 

Supervisor Peskin, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED. The motion carried 

by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 1 - Daly 



Cin and County of San Francisco 1086 Primed at 2:13 PM on 10/23/2003 



Board of Supervisors Meeting Minutes Tuesday, October 7. 2003 



SPECIAL ORDER 4:00 P.M. 



Board of Supervisors Sitting as a Committee of the Whole 



(Pending approval of File No. 031666.) 

031667 [Committee of the Whole - Human Rights Commission Appointment] 
Supervisor Peskin 

Hearing to consider the Mayor's appointment of Vernon Grigg to the Human Rights Commission. 
TABLED. 



Committee of the Whole Rise and Report Without Recommendation 



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

031663 [Appointment - Human Rights Commission] 

Motion approving the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term 
ending September 2, 2004. (Mayor) 

TABLED. 

031664 [Appointment - Human Rights Commission] 

Motion rejecting the Mayor's appointment of Vernon Grigg to the Human Rights Commission for the term 
ending September 2, 2004. (Mayor) 

TABLED. 

031665 [Appointment - Human Rights Commission] 

Motion tailing no position concerning the Mayor's appointment of Vernon Grigg to the Human Rights 
Commission, for term ending September 2, 2004. (Mayor) 

TABLED. 



Cil\ anil County of San Francisco lOS:' Printed at 2:13 PM on IH/23/2003 



Boaril of Supen'isors Ueelinf; Minules Tuesday. October 7. 2003 



ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdullah Megaheed; homeless and general issues 

David Grace. Green Party representative: requesting Board not to support Fleet Week in SF 

Male Speaker, Green Party representative; requesting Board not to support Fleet Week in SF 

Vernon Jenkins; general issues 

Richard Wong; dog play areas 

Larry Evans; general issues 



APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST 

These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst 
on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and 
advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the 
members of the Board. 

031676 iLegislative Analyst Request] 

Supervisors Dufty, Ma, Ammiano, Gonzalez 

Motion requesting the Legislative Analyst's Office to study the non-profit collective/cooperative medical 
cannabis cultivation and distribution model recently employed by the Wo/men's Alliance for Medical 
Marijuana (WAMM) in Santa Cruz, and to analyze the feasibility and ramifications of implementing such a 
model in San Francisco. 

APPROVED by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Daly 



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. 



City and County of San Francisco 1088 Printed at 2:13 PAf on 10.'23/2tW3 



Board of Supervisors Meeting Minutes Tuesday, October 7, 2003 

031674 12003 Domestic Violence Awareness Month] 
Supervisors Newsom, Dufty, Peskin, Ma 

Resolution ratifying that the Board of Supervisors declares the month of October 2003 as "Domestic Violence 
Awareness Month" in the Cit>' and County of San Francisco. 

Supervisors Peskin and Ma requested to be added as co-sponsors. 

Resolution No. 683-03 

ADOPTED 

031675 [Urging 108th Congress to Tie National School Lunch Program Eligibility to Regional Indicators and To 
Increase California's Reimbursement Rate) 

Supervisor Maxwell 

Resolution urging 108th U.S. Congress to link National School Lunch Eligibility Criteria to Regional Poverty 
Indicators and to increase the Program's Reimbursement Rate. 

Resolution No. 684-03 

ADOPTED 

031677 [Commendation of the San Francisco Asian Peace Officers' Association[ 
Supervisors Ma, Dufty, Peskin, Newsom 

Resolution commending the San Francisco Asian Peace Officers' Association for their dedication and 
commitment to the community. 

Resolution No. 685-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newfsom, Peskin, Sandoval 

031679 [Commendation of National Day of the People's Republic of China] 
Supervisors Ma, Dufty 

Resolution recognizing the contributions of the Chinese community to commerce, culture and diversit\' and 
declaring October 1, 2003 as the "54th National Day of the People's Republic of China" in the City and Count>' 
of San Francisco. 

Resolution No. 687-03 
ADOPTED 

031681 [Commending Saint Thomas the Apostle Catholic Church] 
Supervisor McGoldrick 

Resolution commending Saint Thomas the Apostle Catholic Church for its significant contribution to the 
community and proclaiming October 19, 2003 Saint Thomas the Apostle Catholic Church Day. 

Resolution No. 688-03 
ADOPTED 



City and Count) of San Francisco 1089 Printed al 2: U PM on 111/23/2003 



Board of Siipcnisors Meeting Minutes Tuesday, October 7, 2003 



031682 [Koshland Park-Gift-in-Place| 
Supervisors Gonzalez, Dufty, Peskin, Newsom 

Resolution accepting a gift in place valued at approximately $200,000 from the Friends of Recreation and 
Parks, a non-profit organization, to the Recreation and Park Department of Koshland Park. 

Supervisors Peskin and Newsom requested to be added as co-sponsors. 

Resolution No. 689-03 

ADOPTED 

031683 (Urging 108th U.S. Congress to pass the AgJobs Act of 2003] 
Supervisor Sandoval 

Resolution urging 108th U.S Congress to pass the AgJobs Act of 2003 for seasonal immigrant farm workers. 

Resolution No. 690-03 
ADOPTED 

031684 ICommending the Committee for the Confucius Memorial Ceremony) 
Supervisors Ma, Peskin 

Resolution commending the Committee for the Confucius Memorial Ceremony for their dedication to 
recognizing the teachings of Confucius. 

Supervisor Peskin requested to be added as a co-sponsor. 

Resolution No. 691-03 

ADOPTED 

031650 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

Motion No. M03-181 

APPROVED 

031668 [Final Map for a 7 Lot Airspace Subdivision Project] 

Motion approving Final Map of Mission Place Phase 1, 250 King Street and 260 King Street, a Subdivision of 
Airspace, Lot 3, Assessor's Block No. 8702, and adopting findings pursuant to Planning Code Section 101.1. 
(Public Works Department) 

(No Public Benefit Recipient: DPW Order No. 174,413; District 6.) 

Motion No. M03-182 

APPROVED 



Ofi and Count)' of San Francisco 1090 Printed at 2:14 PM on 10/23/2003 



Board ofSiipcnisors Meeting Minutes Tuesday, October 7, 2003 



031669 [Final Map for a 130 Unit Residential Condominium Project] 

Motion approving Final Map of Mission Place Phase 2, 250 King Street, a Residential Condominium Project, 
being a Subdivision of Lot 5, Assessor's Block No. 8702, and adopting findings pursuant to Planning Code 
Section 101.1. (Public Works Depanment) 

(No Public Benefit Recipient; DPW Order No. 174,414; District 6.) 

Motion No. M03-183 

APPROVED 

031670 [Final Map for a 96 Unit Residential Condominium Project] 

Motion approving Final Map of Mission Place Phase 3, 250 King Street, a Residential Condominium Project, 
being a Subdivision of Lot 6, Assessor's Block No. 8702, and adopting findings pursuant lo Planning Code 
Section 101.1. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,415; District 6.) 

Motion No. M03-184 

APPROVED 

031671 [Final Map for a 65 Unit Residential Condominium Project] 

Motion approving Final Map of Mission Place Phase 4, 250 King Street, a Residential Condominium Project, 
being a Subdivision of Lot 7, Assessor's Block No. 8702, and adopting findings pursuant to Planning Code 
Section 101.1. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,416; District 6.) 

Motion No. M03-185 

APPROVED 

031672 [Final Map for a 6 Unit Residential Condominium Project] 

Motion approving Final Map of 3615 20th Street, a Residential Condominium Project, being a Subdivision of 
Lot 74, Assessor's Block No. 3608, and adopting findings pursuant to Planning Code Section 101.1. (Public 
Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,422; District 9.) 

Motion No. M03-186 

APPROVED 



The foregoing items were acted upon by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Cily ami County of San Francisco 1091 Primed al 2: 14 PM on lt)/23/2U03 



Hoiiril of Supervisors Meeting Minutes Tuesday, October 7, 200^ 



Severed From Without Reference to Committee Agenda 

Supervisor Dufty requested that this matter be severed so that it could be considered separately. 
031666 ICommittee of the Whole] 
Supervisor Peskin 

Motion scheduling a Committee of the Whole to consider the Mayor's appointment of Vernon Grigg to the 
Human Rights Commission to be held on October 7, 2003 at 4:00 p.m. (File Numbers 03 1663, 03 1664, and 
031665). 

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

Ayes: 7 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Sandoval 

Noes: 3 - Ammlano, Gonzalez, Peskin 

Absent: 1 - Daly 



Supervisor Daly requested that this matter be severed so that it could be considered separately. 
031673 [Urging Governor Davis to sign Senate Bill 2] 
Supervisor Sandoval 

Resolution urging Governor Davis to sign Health Insurance Act of 2003, also known as SB 2, which would 
expand the current employer-based health care system to provide health coverage to over one million uninsured 
Califomians. 

Continued to October 21, 2003 

Supervisor Sandoval, seconded by Supervisor Daly, moved that this Resolution be CONTINUED. The motion 

carried by the following vote: 

Ayes: 11 - Ammlano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Supervisor Daly requested thai this matter be severed so that it could be considered separately. 
031678 ICommemorating the 50th Anniversary of the Korean War] 
Supervisors Ma, Peskin, Newsom 

Resolution commemorating the 50th anniversary of the Korean War. 

Supervisor Daly, seconded by Supervisor Ma, moved to amend on page 1 line 3 by replacing 
"commemorating" with "honoring and remembering all Korean War Veterans and families on " (Neiv Title): 
on line 17, by replacing "commemorates" with "honors and remembers all Korean War Veterans and families 
on". 

Supervisors Peskin and Newsom requested to be added as co-sponsors. 

Supervisor Daly, seconded by Supervisor Ma, moved that this Resolution be AMENDED, AN AMENDMENT OF 

THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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Board of Supervisors Meeting Minutes Tuesday, Octolter 7, 2003 



Resolution honoring and remembering all Korean War Veterans and families on the 50th anniversary of the 
Korean War. 

Resolution No. 686-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Supervisor Daly requested that this matter be severed so that it could be considered separately. 
031680 (Showers at Lowell High School] 
Supervisor Hall 

Resolution urging the San Francisco Unified School District to consult with, and obtain the approval of the 
Crestlake Property Owners Association, the Lakeshore Acres Improvement Club, the Lakeside Homes 
Association, the Lakeside Property Owner's Association, the Merced Manor Property Owner's Association, the 
West of Twin Peaks Central Council, and the District Seven Advisory Council before implementing a plan to 
allow homeless individuals to use shower facilities at Lowell High School. 

REFERRED to the City and School District Select Committee. 

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 BroM>n Act Finding. Each 
motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such 
resolutions to be considered, the Board must first adopt the following two motions. 



[Purely Commendatory Finding] 

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

Supervisor Peskin, seconded by Supervisor Dufty, moved ADOPTION of the Commendatory Finding. The motion 
carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



[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. 

Supervisor Peskin, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act Finding. The motion 
carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Cily and County of San Francisco 1093 Primed al 2:14 PM on 10/23/2003 



Board of Siipenisors Meeting Minutes Tuesday, October 7, 2003 

031699 ICommending Latcefah Simon] 
Supervisors Daly, Dufty 

Resolution commending Lateefah Simon for her exceptional work as the Executive Director of the Center for 
Young Women's Development and for being named as a recipient of the 2003 John D. and Catherine I'. 
MacArthur Foundation Fellowship. 

Resolution No. 692-03 

ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031700 IProclaiming October 15, 2003 National Latino AIDS Awareness Day in San Francisco] 
Supervisors Sandoval, Dufty 

Resolution proclaiming October 15, 2003 National Latino AIDS Awareness Day (NLAAD) in San Francisco 
and commending the San Francisco Bay Area NLAAD Committee for educating the public about this issue. 

Resolution No. 693-03 
ADOPTED by the following vote: 

Ayes; 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City- and County of San Francisco IOV-4 Printed at 2:15 PM on 10/2S/:003 



Board of Supervisors Meeting Minutes Tuesday, October 7, 2003 



OFF-AGENDA LEGISLATION 

Introduced by Supervisors or Mayor 

Ordinances 

022032 |17th and Rhode Island Street Grocery Store Special Use Subdistrict] 
Supervisor Maxwell 

Ordinance amending the San Francisco Planning Code by adding Section 78 1 . 1 to create the 1 7th and Rhode 
Island Street Grocery Store Special Use Subdistrict, applicable to the newly rezoned NC-3 block (previously 
M-1) bounded by 17th Street, Rhode Island Street, Mariposa Street and Kansas Street (Assessor's Block 3978, 
Lot I), to permit a neighborhood grocery store at 17th and Rhode Island and amending the Section 712 Zoning 
Control Table; adopting findings. 

(9/16/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing new title.) 

10/7/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing same title. 

12/16/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 

1/15/2003. 

12/30/02, REFERRED TO DEPARTMENT. Transmitted to Planning Commission for public hearing and 

recommendation. 

2/4/03, TRANSFERRED to Land Use Committee. New committee structure 2/17/03. 

8/26/03, RESPONSE RECEIVED. Planning Commission Resolution No. 16632, adopted August 21, 2003, 

recommending approval, and amendment to Prohibit Nighttime Entertainment uses. 

9/10/03, RESPONSE RECEIVED. Final Environmental Impact Report: Final Supplemental Environmental 

Impact Report. 

9/16/03, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title. 

9/16/03, ASSIGNED to Land Use Committee. 

10/7/03, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing same title. 

10/7/03, ASSIGNED to Land Use Committee. 

031701 IDistribution of literature by a residential tenant in a building to other tenants in the building, regarding 
matters of common interest or concern to the tenancies] 
Supervisor Peskin 

Ordinance adding Administrative Code Chapter 49A "Residential Tenant Communications" regarding a 
residential tenant's permissible use of common areas to distribute literature to other tenants in the building, 
including literature distributed on behalf of a tenants' association or other tenants" organization, where the 
literature relates to issues of common interest or concern to the building's tenancies; distribution ma\' include 
placement of literature on or in front of tenant doors, with the distributor's name/address/ielephone number 
plainly included for any tenant to opt out of future doorway distributions; and. the landlord may establish other 
reasonable requirements as to the time, place, manner, and volume, of such literature distribution. 
10/7/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 1 1/6/2003. 

at\ and County uf San Francisco 1095 Fnnled at 2:15 PM un Kl.'J.l'Jtm 



BonnI of Supervisors Mcctitiji Minutes Tuesday, Ocloher 7. 200} 



031702 [Reappropriate funding to fund Fire Engine 33| 
Supervisor Sandoval 

Ordinance reappropriating $1,600,000 from uniform salaries and benefits from elimination of Battalion Chiefs 
to fund uniform salaries, premium pay, uniform overtime, fringe benefits, and materials and supplies to keep 
Fire Engine 33 open in fiscal year 2003-2004. 

(Fiscal impact.) 

10/7/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031708 [Citizens Advisory Committee on Elections] 
Supervisor Hall 

Ordinance amending the San Francisco Municipal Elections Code, by repealing Sections 700 through 760, 
regarding the Citizens Advisory Committee on Elections. 
10/7/03, RECEIVED AND ASSIGNED to Rules Committee. 

031709 [Dissolving the Advisory Committee on Adult Detention] 
Supervisor Hall 

Ordinance amending the San Francisco Administrative Code, by repealing Sections 13.70 through 13.75, 
regarding the Advisory Committee on Adult Detention. 
10/7/03, RECEIVED AND ASSIGNED to Rules Committee. 

Resolutions 

031703 1 Joint Use Cooperative Agreements between the S.F. Public Library and the SFUSD] 
Supervisor Ammiano 

Resolution approving the Joint Use Cooperative Agreements between the San Francisco Public Library and the 
San Francisco Unified School District for the purpose of Proposition 14 grant applications to construct the 
Ingleside, Portola, Visitacion Valley, and Ortega branch libraries. 
10/7/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031704 (Dissolving the Advisory Committee to Fulfill the Charter Reform Mandate] 
Supervisor Hall 

Resolution repealing Resolution No. 283-94, to dissolve the "Advisory Committee to Fulfill the Charter 

Reform Mandate." 

10/7/03, RECEIVED AND ASSIGNED to Rules Committee. 

031705 [Dissolving the Citizens Committee for Public Participation In Waste Water Project Evaluation! 
Supervisor Hall 

Resolution repealing Resolution No. 19-73, to dissolve the "Citizens Committee for Public Participation In 

Waste Water Project Evaluation." 

10/7/03, RECEIVED AND ASSIGNED to Rules Committee. 



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Board of Supervisors Meeting Minutes Tuesday, October ', 2003 



031706 [Dissolving the National Service Blue Ribbon Commission] 
Supervisor Hall 

Resolution repealing Resolutions Nos. 300-93 and 894-93, to dissolve the "National Service Blue Ribbon 

Commission." 

10/7/03, RECEIVED AND ASSIGNED to Rules Committee. 

031707 [Dissolving the Ballpark/Arena Advisory Committee] 
Supervisor Hall 

Resolution repealing Resolution No. 1012-93, to dissolve the "Ballpark/Arena Advisory Committee." 
10/7/03, RECEIVED AND ASSIGNED to Rules Committee. 

031710 [Airport Concession Leases] 
Supervisor McGoldrick 

Resolution approving the twenty-eight (28) leases for the Airport's Domestic Terminal Food and Beverage 
Redevelopment Program - between Lori's Diner International, Inc.; Andale SFO; Sanraku, Inc.: Meyers 
Holdings, LLC, Firewood Cafe, Series I-II; Fung Lum Express, LLC; Bayport Concessions, LLC; Bay Area 
Restaurant Group Joint Venture; GDDC, Inc.; Tomokazu Japanese Cuisine (SFO), Inc.; (Jonathan Leong) L & 
H, LLC; H. Young Enterprises, Inc.; WSE Group; San Francisco Soup Co., Inc.; Guava & Java (SFO), Inc.; J. 
Avery Enterprises; Gotham Enterprises, LLC, SFO Coffee IV-VI Series; H. Young Enterprises; Susie Lee 
Tong Enterprises, Inc.; Lady Luck Gourmet, LLC; Creative Host Services, Inc.; D-Lew Enterprises, LLC; 
Burger Joint, Inc.; Creative Host Services, Inc.; Emporio Rulli, Inc.; Bay Area Restaurant Group Joint Venture; 
D-Lew Enterprises, LLC; Bay Area Restaurant Group Joint Venture; Andre-Boudin Bakeries, Inc., each as a 
tenant, and the City and County of San Francisco, acting by and through its Airport Commission, as landlord. 

(Fiscal impact.) 

10/7/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

03171 1 [Supporting European Union Efforts to Regulate Hazardous Chemicals] 
Supervisors McGoldrick, Ma 

Resolution supporting efforts in the European Union to institute an effective new policy for regulating 

hazardous chemicals. 

10/7/03, RECEIVED AND ASSIGNED to City Services Committee. 

031712 [Accept - Expend Federal Grant] 
Mayor, Supervisor Dufty 

Resolution authorizing the Mayor of the City and County of San Francisco to accept retroactively and expend a 
grant in the amount of $1,173,258 from the U.S. Department of Justice, Bureau of Justice Assistance, under the 
FY 2003 Local Law Enforcement Block Grants Program. (Mayor) 
10/7/03, RECEIVED AND ASSIGNED to City Services Committee. 



at) and County of San Francisco 1097 I'rinled at ::I6 PM on 111/23/2003 



Board of Supervisors Mecthifi Minutes Tuesday, Ocloher 7, 2003 



031718 [Supporting Immigrant Pride Day 2003 in the City & County of San Francisco) 
Supervisor Gonzalez 

Resolution waiving the fees associated with Immigrant Pride Day for the San Francisco Pohce Department and 
the San Francisco Fire Departments and urging the Municipal Transportation Agency to join with the City and 
waive their fees in support of Immigrant Pride Day. 

10/7/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031719 [Commending the Mission Council] 
Supervisor Daly 

Resolution commending the Mission Council for 25 years of delivering culturally competent, community-based 
services to the people of San Francisco. 

10/7/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031720 [Proclaiming October 2003 Potrero Hill Month] 
Supervisor Maxwell 

Resolution proclaiming October 2003 "Potrero Hill Month" in the City and County of San Francisco. 

10/7/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

031680 [Showers at Lowell High School] 
Supervisor Hall 

Resolution urging the San Francisco Unified School District to consult with, and obtain the approval of, the 

Crestlake Property Owners Association, the Lakeshore Acres Improvement Club, the Lakeside Homes 

Association, the Lakeside Property Owner's Association, the Merced Manor Property Owner's Association, the 

West of Twin Peaks Central Council, and the District Seven Advisory Council before implementing a plan to 

allow homeless individuals to use shower facilities at Lowell High School. 

9/30/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETFNG. 

10/7/03, REFERRED to City and School District Select Committee. 

Requests fo Hearing 

031713 [Mission High School Shower Program] 
Supervisor Ammiano 

Hearing of the Joint City/School District Committee to consider the feasibility of a School District Expansion 
of the Mission High School Shower Program. 

10/7/03, RECEIVED AND ASSIGNED to City and School District Select Committee. Sponsor requests this 
matter be scheduled at the October 20, 2003 meeting. 



City and County of San Francisco 1098 Printed at 2:16 PM on 1U/23/20US 



Board of Supervisors Meeting Minutes Tuesday, October 7, 2003 



031714 |San Francisco Housing Authority) 
Supervisors Maxwell, Gonzalez, Daly 

Hearing to clarify the activities and responsibilities of the San Francisco Housing Authority with respect to the 
Request for Qualifications to Develop on Authority-Owned Land issued on July 28, 2003. 
10/7/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031715 iGang Violence in the City] 
Supervisors Maxwell, Dufty 

Hearing on efforts by City departments to reverse the increase in gang violence in the City. 
10/7/03, RECEIVED AND ASSIGNED to City Services Committee. 

Charter Amendments 

031405 [Charter Amendment - Establishing a Public Education Fund] 
Supervisors Ammiano, Dufty, Daly 

Charter amendment (Third Draft) to add Sections 16.123-1 through 16.123-10, to establish a Public Education 
Enrichment Fund. 

(Fiscal impact.) 

8/12/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/1 1/2003. 

9/30/03, SUBSTITUTED. Supervisor Ammiano submitted a substimte Charter amendment bearing new title. 

9/30/03, ASSIGNED to Rules Committee. Referred to the Youth Commission on October 7, 2003. 

10/7/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing same title. 

10/7/03, ASSIGNED to Rules Committee. 



PROPOSED ORDINANCES 

031642 [Settlement of Lawsuit - Marie Lavin] 

Ordinance authorizing settlement of the lawsuit filed by Marie Lavin against the City and County of San 
Francisco for $200,000; the lawsuit was filed on December 5, 2001, in the San Francisco Superior Court, Case 
No. 402019, entitled Marie Lavin v. City and County of San Francisco, Adult Probation Department. (City 
Attorney) 

(Public Benefit Recipient.) 

9/29/03, RECEIVED AND ASSIGNED to Rules Committee. 

031643 (License Agreement with Broadcast Music Incorporated] 

Ordinance authorizing the City Administrator to enter into the Local Government Licensing Agreement 
negotiated between the International Municipal Lawyer's Association and Broadcast Music Incorporated to 
license music uses by the City under a license subject to automatic annual renewal for an annua! Base License 
Fee plus 1% of revenue from events in which gross revenue exceeds $25,000. (City Administrator) 

(No Public Benefit Recipient.) 

9/29/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

City and Count) uf San Francisco 109') Hrimeil at 2:Ib PM on 11123/2(10.^ 



Board of Supervisors Meeting Minutes Tuesday, Octol>er 7, 2(m 



PROPOSED RESOLUTIONS 

031640 I Airport - Amendment to Concession Agreement and Lease Agreement for Rental Car Operations] 

Resolution approving (a) Amendment No. 1 to the Concession Agreements and Lease Agreements for Rental 
Car Operations between Alamo Rent-A-Car, LLC, Avis Rent-A-Car System, Inc., Budget Rent-A-Car Systems, 
Inc., Dollar Rent-A-Car System, Inc., Enterprise Rent-A-Car Company of San Francisco, The Hertz 
Corporation, and Thrifty Rent-A-Car System, Inc., and the City and County of San Francisco, acting by and 
through its Airport Commission; and (b) Amendment No. 1 to the Lease Agreement for Rental Car Operations 
between National Car Rental Systems, Inc. and the City and County of San Francisco, acting by and through its 
Airport Commission. (Airport Commission) 

(Fiscal impact; No Public Benefit Recipient.) 

9/26/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031641 [Accept-Expend Federal Grant] 
Supervisor Dufty 

Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of 
$51,500 from the Environmental Protection Agency to reduce levels of mercury entering the San Francisco Bay 
by limiting the wastes associated with mercury amalgam fillings generated by dental offices to minimum 
achievable levels through a Dental Mercury Reduction Program. (Environment) 

(No Public Benefit Recipient.) 

9/26/03, RECEIVED AND ASSIGNED to City Services Committee. 



City and County of San Francisco 1100 Printed at 2:17 PM on 10/23/2003 



Board of Supen'ison Meeting Minutes Tuesday, October 7. 2003 



Requests Granted 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance that establishes a moratorium for off-sale liquor licenses in the 

City and County of San Francisco, requires that an annual inventory of off-sale liquor licenses be developed 

and requires that the San Francisco Police Department report on any crimes that happen on the premises of a 

off-sale liquor license holder to the Board of Supervisors on an annual basis. 

From: Supervisor Daly 

To: City Attorney 

Requesting/Inquiring: To amend Sections 5 J 5.01 of the Business and Tax Regulations Code based on the 

attached document related to the Hotel Tax Allocations for Cultural Centers. (See attached.) 

From: Supervisor Newsom 

To: Mayor's Office of Housing 

Requesting/Inquiring: To report on the feasibility of expanding the City's existing Teacher Home Purchase 

Programs. Specifically: 

What would the City of San Francisco have to do to increase the amount of the grant received from the 
California Housing Finance Agency (CalHFA) towards the Extra Credit Teacher Home Purchase Program, 
thereby increasing the number of home loan packages available? And, 

How much more funding is needed from CalHFA to make the program available to 100 teachers? 
In addition to the Extra Credit Program and the HiCap Assistance Program, what is the feasibility of city- 
based supplemental assistance, such as a bond measure, in the form of a deferred loan to help cover down 
payment and closing costs? 

How can the City ensure that the grant supplied by CalHFA is not completely used up before a reserve or 
additional funds are available, thereby avoiding a gap in the opportunity for teachers to take advantage of the 
incentive? 

How is the current Teacher Home Purchase Program being publicized within the San Francisco Unified 
School District? 

In Memoriams 

Lt. Thomas R. Shcrwyer (Supervisor Dufty) 



Cit) und Count} u/ San Francisco 1 101 I'nmcil al 2:1' PM on lU.-2i,:t)()i 



Board of Supervisors 



Meeting Minutes 



Tuesday, Ocloher 7, 2003 



ADJOURNMENT 



There being no further business, the Board at the hour of 4:34 p.m. adjourned. 
Gloria L. Young, Clerk of the Board 



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 4, 2003. 

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. 



Gloria L. Young 
Clerk of the Board 



City and County of San Francisco 



1102 



Printed al 2:17 PI\I on 10/2 J/2 003 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

^Meeting Minutes 




Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Tuesday, October 21, 2003 2:00 PM 



Regular Meeting 



DOCUMENTS DEPT. 
JAN 1 3 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



MATT GONZALEZ, PRESIDENT 

TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

nONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young. Clerk of the Board 
Agendas of the Board of Supervisors are available on the internet at www.ci.sf.ca.us/bdsupvrs 



BOARD COMMITTEES 
Committee Membership 

Budget Committee 

Supervisors Daly. Maxwell, Peskin 

City and School District Select Committee 

Supervisors Maxwell. Ammiano, Ma, Commissioners Cruz, Sanchez. Kelly 

City Services Committee 

Supervisors Dufty. Ma. Newsom 

Finance and Audits Committee 

Supervisors Peskin. Sandoval, McGoldrick 

Land Use Committee 

Supervisors McGoldrick, Maxwell. Ammiano 

Rules Committee 

Supervisors Hail, Dufty. Gonzalez 



Meeting Days 



Thursday 
1:00 PM 

2nd Monday, bi-monthly 
4:00 PM 

Thursday 
9:30 AM 

Wednesday 
12:30 PM 

Monday 
1 :00 PM 

Wednesday 
9:30 AM 



Firsl-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee 

Volume 98 Number 35 



Board of Siipen'isors Meeting Minutes Tuesday, October 21, 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo 
Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting was called to order at 2:09 p.m. On the call of the roll, the following 
Supervisor was noted absent. 

Supen'isor Newsom - I 

Quorum present. 

Supervisor Newsom was noted present at 2:16 p.m. 

APPROVAL OF MEETING MINUTES 



Supervisor McGoldrick, seconded by Supervisor Ma, moved to approve September 23, 2003 Meeting Minutes. The 
motion carried by the following vote: 

Ayes: 10 - Ammiano, Daly, Dutty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent; 1 - Newsom 



CONSENT AGENDA 



Recommendations of the City Services Committee 

031530 [Grant to improve traffic and pedestrian safety in San Francisco] 
Supervisor Dufty 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend 
retroactively a grant in the amount of $439,455 from the California Business, Transportation & Housing 
Agency Office of Traffic Safety (CBTHAOTS) to prevent DUI and resultant traffic injuries and to enter into an 
agreement for the use of these funds; for the period of October 1, 2003 to December 31, 2005. (Public Health 
Department) 

(No Public Benefit Recipient.) 

Resolution No. 704-03 

ADOPTED 



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Board of Supervisors Meeting Minutes Tuesday, October 21, 2003 



031641 [Accept-Expend Federal Grant] 
Supervisor Dufty 

Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of 
$51,500 from the Environmental Protection Agency to reduce levels of mercury entering the San Francisco Bay 
by limiting the wastes associated with mercury amalgam fillings generated by dental offices to minimum 
achievable levels through a Dental Mercury Reduction Program. (Environment) 

(No Public Benefit Recipient.) 

Resolution No. 707-03 
ADOPTED 

Recommendation of the Finance and Audits Committee 

031462 [Appropriate funding for the Day Laborer Program] 
Supervisors Anuniano, Daly 

Ordinance re-appropriating $75,000 from FY 2002-2003 and $90,000 FY 2003-2004 from the Mayor's Office 
to the Immigrant Rights Commission, Administrative Services Department, to fund the Day Laborer Program 
for fiscal year 2003-04. 

Ordinance No. 252-03 
FINALLY PASSED 

Recommendations of the Land Use Committee 

030999 [Lot Line Selection for Vacant Lots Abutting Two or More Streets] 
Supervisor McGoldrick 

Ordinance amending Planning Code Section 130 to require that before a lot owner may elect which lot line is to 
be the front lot line of the lot for purposes of the yard and setback requirements the lot must not only abut on 
two or more streets, but must also be vacant, and making findings of consistency with the priority policies of 
Planning Code Section 101.1 and the General Plan. 

Ordinance No. 248-03 
FINALLY PASSED 

031100 [Planning Code Amendment-Mining Exchange Building Setback] 
Mayor, Supervisor Hall 

Ordinance adopting findings; and amending Appendix B to Article 1 1 of the San Francisco Planning Code to 
allow an addition over the San Francisco Mining Exchange Building set back no less than thirty (30) feet from 
Bush Street. 

(No fiscal impact; Planning Commission Resolution No. 16275, adopted November 8, 2001, recommending 
approval.) 

Ordinance No. 249-03 
FINALLY PASSED 

City and County of San Francisco 1104 Printed at 10:01 AM on 11/25/2003 



Board of Supervisors 



Meeting Minutes 



Tuesday, October 21. 2003 



031368 [Zoning Map Amendment in connection with Seawall Lot 330] 

Ordinance amending Zoning Map Sheet IH of the City and County of San Francisco for property located on a 
portion of Seawall Lot 330, Assessor's Block 3771 to change the height and bulk district classification from 
105-F to 220-G; adopting findings pursuant to the California Environmental Quality Act; and making findings 
of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Planning 
Department) 

(No Public Benefit Recipient; Companion measure to File 031369.) 

Ordinance No. 250-03 
FINALLY PASSED 

031369 [General Plan Amendment in connection with Seawall Lot 330] 

Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Bryant 
Street Residential Tower on Seawall Lot 330; adopting findings pursuant to the California Environmental 
Quality Act; and adopting findings that the General Plan amendment is consistent with the eight Priority 
Policies of Planning Code Section 101.1. (Planning Department) 

(No Public Benefit Recipient.) 

Ordinance No. 251-03 
FINALLY PASSED 

031527 [Accept-Expend Regional Grant] 

Resolution authorizing the Director of Transportation or his designee to accept and expend $157,000 in FY 
03/04 Transportation Fund for Clean Air (TFCA) from the Bay Area Air Quality Management District (Air 
District) to stripe and sign bike lanes and purchase and install bicycle racks and to execute any and all 
associated documents. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

Resolution No. 702-03 
ADOPTED 

Recommendation of the Rules Committee 

031502 [Reduce Members of Lead Hazard Reduction Citizens Advisory Committee From 20 to 15] 
Supervisor Peskin 

Ordinance amending Section 1608 of the San Francisco Health Code to reduce the number of voting members 
in the Lead Hazard Reduction Citizen Advisory Committee from 20 to 15 members by eliminating seats for the 
affordable housing developers, financial expert, and child care representatives, reducing the number of paint 
contractor representatives from two to one and reducing the number of tenant representatives from three to two. 

Ordinance No. 253-03 
FINALLY PASSED 



The foregoing items were acted upon by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent; 1 - Newsom 



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REGULAR AGENDA 



UNFINISHED BUSINESS 



Recommendations of the Finance and Audits Committee 

031276 [Approving ballot and hearing procedures for renewal of the Union Square Business Improvement 
District] 

Supervisors Peskin, Dufty, Newsom, Hall 

Resolution establishing ballot and hearing procedures governing ballots cast by property owners of property 
located within the boundaries of the Business Improvement District known as the "Union Square Business 
Improvement District" for the purpose of deciding whether to renew the assessment for the Union Square 
Business Improvement District for an additional five year term. 

Supenisor Hall requested to be added as a co-sponsor. 
Resolution No. 700-03 
ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hail, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 
Absent: 1 - Newsom 

031277 [Authorize renewal and modification of the Union Square Business Improvement District] 
Supervisors Peskin, Dufty, Newsom, Hall 

Resolution declaring the intention of the Board of Supervisors to authorize renewal and modification of 
boundaries of a property-based business improvement district known as the "Union Square Business 
Improvement District," to order the levy and collection of a multi-year assessment, and setting a time and place 
for a public hearing thereon. 

Supervisor Peskin. seconded by Supervisor Daly, moved to amend on page 3, line 21, by replacing "December 

9, 2003 at 3 p.m. " with "December 16, 2003 at 4 p.m. " 

Supenisor Hall requested to be added as a co-sponsor. 

Supervisor Pesidn, seconded by Supervisor Daly, moved that this Resolution be AMENDED. The motion carried by 

the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 

Absent: 1 - Newsom 



Resolution No. 697-03 

ADOPTED AS AMENDED by the following vote: 

Ayes; 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 
Absent: 1 - Newsom 

Recommendation of the Rules Committee 

Supervisor Newsom noted present at 2:16 p.m. 

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Board of Supervisors Meeting Minutes Tuesday, October 21, 2003 

031545 [Agreement to Exchange of Property and Settlement of Lawsuit - William F. Spiers dba Spiers 
Construction Company] 
Supervisors Hall, Dufty 

Ordinance authorizing an agreement to exchange vacant land uphill from Edgehill Park for the City's property 
on Portola Drive; adopting findings that the exchange agreement is categorically exempt from environmental 
review and is consistent with the City's General Plan and Eight Priority Policies of City Plannmg Code Section 
101.1; authorizing the Director of Property to execute documents, make certain modifications and take certain 
actions in furtherance of the exchange agreement; and authorizing settlement of the lawsuit entitled City and 
County of San Francisco v. William F. Spiers dba Spiers Construction Company, filed on November 29, 2001 
in San Francisco Superior Court, Case No. 401-800, for an injunction requiring removal of Spiers' fence 
blocking access to Edgehill Park, for dismissal of Spiers' cross-complaint for quiet title, and for the exchange 
agreement. 

(Public Benefit Recipient.) 

Continued to November 18. 2003 

Supervisor Peskin, seconded by Supervisor Daly, moved that this Ordinance be CONTINUED. The motion carried 

by the following vote: 

Ayes: 6 - Ammiano, Daly, Maxwell, McGoldrick, Peskin, Sandoval 
Noes; 5 - Dutty, Gonzalez, Hall, Ma, Newsom 



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Meeting Minutes 



Tuesday, October 21, 2003 



NEW BUSINESS 



Recommendation of the Budget Committee 

030983 [2004 Finance Corporation Equipment Program] 
Mayor 

Resolution approving the form of and authorizing execution and delivery by the City and County of San 
Francisco of an equipment lease Supplement No. 1 1 (Series 2004A Bonds) between the City and the County of 
San Francisco Finance Corporation, as lessor, and the City and County of San Francisco, as lessee, with respect 
to the equipment to be used for city purposes, a related certificate of approval and a continuing disclosure 
certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to 
exceed $10,395,000; providing for reimbursement to the City and County of San Francisco of certain city 
expenditures incurred prior to the issuance of lease revenue bonds; and providing for the execution of 
documents in connection therewith. (Mayor) 

Resolution No. 699-03 
ADOPTED by the following vote: 

Ayes; 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Noes: 1 - Sandoval 

Recommendations of the City Services Committee 

030771 [Liquor License, 1765 California Street] 

Resolution determining that issuance of a Type 42 on-sale beer and wine public premises license to Jeff 
Campbell dba "Whole Foods Market", in addition to its existing Type 20 off-sale beer and wine alcoholic 
beverage control license at 1765 California Street (District 2), will serve the convenience of the people of the 
City and County of San Francisco; in accordance with Section 23958.4 of the California Business and 
Professions Code; with conditions. 

Resolution No. 698-03 
ADOPTED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031519 [Refugee County Plan] 

Resolution approving the San Francisco Federal Fiscal Year 2003 Refugee County Plan. (Private Industry 
Council) 

(No Public Benefit Recipient.) 

Resolution No. 701-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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031602 [Substance Abuse and Crime Prevention Act of 2000 - Implementation Plan] 
Supervisors Newsom, Daly 

Resolution authorizing adoption of the San Francisco County Plan for the Substance Abuse and Crime 
Prevention Act of 2000 for Fiscal Year 2003-2004. (Public Health Department) 

(Public Benefit Recipient.) 

Supervisor Daly requested to be added as a co-sponsor. 
Resolution No. 706-03 

ADOPTED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendations of the Finance and Audits Committee 

030869 [Tobacco Sales Permit] 

Supervisors Maxwell, Ammiano, Daly, Dufty, McGoldrick, Sandoval 

Ordinance amending the San Francisco Health Code by adding Article 19H to require a permit for tobacco 
sales and amending the San Francisco Business and Tax Regulations Code by adding section 249.16 to set the 
fee for the tobacco sales permit. 

Supervisor Sandoval requested to be added as a co-sponsor. 
PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Hall 

031658 [Appropriate State and Federal funding for the CalWORKs, Medi-Cal, IHSS and Foster Care 
programs] 

Mayor 

Ordinance appropriating $2,399,795 of CalWORKs, Medi-Cal, IHSS and Foster Care funding to fill 28.67 
vacant FTEs including deletion of 9.38 FTEs and creation of 9.38 FTEs, purchase one-time materials and 
supplies, and provide stipends to emancipated foster youth for the Department of Human Services and 
amending Annual Salary Ordinance for Fiscal Year 2003-04. (Mayor) 

(Fiscal impact; No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031659 [Public Employment] 

Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2003/04) reflecting the abolishment of 
14 positions (9.38 FTEs) and the creation of 14 positions (9.38 FTEs) at the Department of Human Services. 
(Human Resources Department) 

(Fiscal impact; No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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031601 [Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code 
Section 4703.2 for tlscal year 2002-2003 and thereafter] 

Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code 
Section 4703.2 for fiscal year ending June 30, 2003 and thereafter. (Controller) 

(Fiscal impact; No Public Benefit Recipient.) 

Resolution No. 705-03 

ADOPTED by the following vote: 

Ayes: 1 1 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendations of the Land Use Committee 

031608 [Taxicab Gate Fees] 
Supervisor Hall 

Ordinance amending Section 11 35. 1 of the Police Code to provide for extending to March 1, 2004 the time for 
sunsetting the higher cap on taxicab gate fees if the City fails to enact an ordinance prescribing a long-term 
lease fee cap covering long-term lease drivers and an ordinance establishing a program of health 
insurance/health benefits for taxi drivers; and to authorize the Board of Supervisors by resolution to extend the 
times provided for in Section 1 135.1 for sunsetting the higher gate fee cap. 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031528 [Street Artist Hyde Street Spaces] 

Resolution re-designating seven (7) permanent selling spaces on Hyde Street, west side. Beach to Jefferson 
Streets; deleting seven (7) permanent selling spaces on Hyde Street, east side, Beach to Jefferson Streets; re- 
designating fourteen (14) selling spaces on Hyde Street, east side, Beach to Jefferson Streets; designating two 
(2) additional selling spaces on Hyde Street, east side. Beach to Jefferson Streets, for street artists certified by 
the Arts Commission, City and County of San Francisco; and exempfing said seven spaces on Hyde Street, west 
side. Beach to Jefferson Streets, from Police Code Section 2405(c)(16) requiring street artists to maintain a 
minimum of eight feet of passageway for pedestrians. (Arts Commission) 

(No Public Benefit Recipient.) 

Resolution No. 703-03 
ADOPTED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Recommendation of the Rules Committee 

031457 [Introducing General Obligation Bond proposals 168 days before election] 
Supervisor Gonzalez 

Ordinance amending Section 2.31 of the Administrative Code to require that resolutions of necessity for 
proposed general obligation bonds must be introduced at the Board of Supervisors not less than 168 days 
before the election at which the voters could consider the proposed bond measure, rather than 169 days before 
the elecfion. 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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SPECIAL ORDER 3:30 P.M - Recognition of Commendations 



Privilege of the Floor 



Supervisor Ma, seconded by Supervisor Dufty, 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: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Daly 



Supervisor Ma introduced, welcomed and presented a Certificate of Honor to Ms. Noel Neill aka "Lois Ljine" 

Recess 

The Board recessed at the hour of 3:17 p.m. 

Reconvening of the Board 

The Board at the hour of 4:09 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 
Supervisors Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin - 7 

Quorum present. 

Supervisors Ammiano, McGoldrick and Sandoval were noted present at 
4:12 p.m. 



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Meeting Minutes 



Tuesday, October 21, 2003 



SPECIAL ORDER 4:00 P.M. 

031686 [Public Hearing - Appeal, Categorical Exemption, 701 Lombard Street] 

Hearing of persons interested in or objecting to the decision of the Planning Department dated August 5, 2003, 
approving a categorical exemption for the proposed Acquisition by Eminent Domain at 701 Lombard Street. 
(Appellant: James A. Reuben, attorney for Brian O'Flynn and Martin Coyne). 

Alice Barkley. Attorney for Appellant requested clarification regarding the issue relating to the categorical 

exemption. 

Paul Maltzer, Department of Planning informed the Board that the Planning Department acted on the 

categorical exemption. 

Elizabeth Goldstein, General Manager, Recreation and Park Department, informed the Board the matter 

regarding the Recreation and Park Department is the acquisition of the property. 

The President inquired if there was anyone else who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 



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

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

031687 [Affirming the exemption issued for 701 Lombard Street] 

Motion affirming the determination by the Planning Department that the acquisition of 701 Lombard Street is 
exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) 

Motion No. M03-187 

APPROVED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 

Absent: 1 - Newsom 

031688 [Disapproving the exemption issued for 701 Lombard Street] 

Motion disapproving the determination by the Planning Department that the acquisition of 701 Lombard Street 
is exempt from environmental review under the California Environmental Quality Act. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 
Absent: 1 - Newsom 



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031689 [Preparation of findings related to the exemption appeal for 701 Lombard Street] 

Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the 
Planning Department that the acquisition of 701 Lombard Street is exempt from the California Environmental 
Quality Act. (Clerk of the Board) 

Motion No. M03-188 

APPROVED by the following vote: 

Ayes: 10 - Annmiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 
Absent: 1 - Newsom 



SPECIAL ORDER 4:00 P.M. 



City and CoiinlyofSan rrancisco 1113 I'rinlcd at 10:01 AM on 11/2.^2003 



Board nf Supervisors 



Meeting Minutes 



Tuesday, October 21, 200J 



031552 [Hearing - Acquisition of Property by Eminent Domain - 701 Lombard Street] 

Hearing of persons interested in or objecting to proposed resolution authorizing acquisition of Lot 001 in 
Assessor's Block 0074 in San Francisco by Eminent Domain for the Neighborhood Park Bond and Open Space 
Programs, and adoptmg findings under City Plannmg Code Section 101.1. (Clerk of the Board) 

(Companion measure to Files 031550, 031551, 031552.) 

Elizabeth Goldstein, General Manager, Recreation and Park Department and Susan Hildreth. City Librarian 
reviewed with the Board reports and recommendations of their Departments. 

Speakers: 

Paul Scott, Pres. Telegraph Hill Dwellers; support of acquisition 

Young girl; support of acquisition 

Young girl; support of acquisition 

Mr. and Mrs. Mikel Auuland; support of acquisition 

Tom McDonagh; opposed to acquisition 

Marc Bruno; support of acquisition 

Rev. Norman Fong; support of acquisition 

Hillary Kwong, Youth Commissioner; support of acquisition 

Michael Ornstein; support of acquisition 

Female Speaker; support of acquisition 

Tom Noyes, Upper Noe Neighborhood; support of acquisition 

Female Speaker; support of acquisition 

Female Speaker; support of acquisition 

Female Speaker; support of acquisition 

Female Speaker; support of acquisition 

Starchild, Libertarian Party; opposed to acquisition 

David Lupo; support of acquisition 

Davey Jones; opposed to acquisition 

Male Speaker: support of acquisition 

Jay Bradshaw; support of acquisition 

Mat hew Sheridan; opposed to acquisition 

Michelle Justice; support of acquisition 

Female Speaker; opposed to acquisition 

Female Speaker: support of acquisition 

Liz Napasindava; support of acquisition 

Male Speaker: opposed of acquisition 

Isabel Wade; PROSAC member, request to continue this matter 
Nancy Wuerfel; support of acquisition 
Andrew Resignato; support of acquisition 

Nan Maguire; support of acquisition 

Martha Woollomes: support of acquisition 

Judy Mong; support of acquisition 

Mike R.; support of acquisition 

Greg OFlynn: support of acquisition 

Judy Irx'ing; support of acquisition 

Joe Olson, Coleman Advocates; support of acquisition 

Sal Biisalacchi; opposed to acquisition 

Rosemary Benes; support of acquisition 

Female Speaker; opposed to acquisition 

Carolyn Blair: support of acquisition 

Keith Wilson; opposed to acquisition 

Stephen A. Worsley; opposed to acquisition 

Female Speaker; opposed to acquisition 

Mary Wallace; support of acquisition 

George Douglas: support of acquisition 
Margaret: support of acquisition 



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Board of Supervisors Meeting Minutes Tuesday, October 21, 2003 

James Lew: opposed to acquisition 

Joe Butler; support of acquisition 

Mr. Shen; opposed to acquisition 

Jason Basset; support of acquisition 

Donna Crowley; opposed to acquisition, speaking on behalf of herself 

Male Speaker; support of acquisition 

Lynn Jefferson; opposed to acquisition 

Abdullah Megaheed; opposed to acquisition 

Melanie Clark; support of acquisition 

Linda; opposed to acquisition 

Dan Magnireno; support of acquisition 

Mike Roddy; opposed of acquisition 

Zach Stewart; support of acquisition 

Moira SMith; opposed to acquisition 

Elizabeth Diaz: support of acquisition 

Nancy Barsichini; opposed to acquisition 

Male Speaker: support of acquisition 

Joe O'Donoughue; opposed to acquisition 

Jill Fox, District 10. PROSAC member: request to continue this matter until PROS AC considers this matter 

Liz Moore: opposed to acquisition 

Ronald Sawyer; support of acquisition 

Rita O'Hara; opposed to acquisition 

Rebecca Peters; support of acquisition 

Male Speaker; opposed to acquisition 

Mark Schwartz; support of acquisition 

Mike Morley; opposed to acquisition 

Jean Milligan; support of acquisition 

Rick Carroll: opposed to acquisition 

Jennifer Dejourni; support of acquisition 

Male Speaker: opposed to acquisition 

Nicholas Carlin; support of acquisition 

Grace Shanahan; opposed to acquisition 

Christine Kupplar; support of acquisition 

Richard Harty; opposed to acquisition 

John Dowling; support of acquisition 

James Gallagher; opposed to acquisition 

Mr. and Mrs. Bobby Glennon; support of acquisition 

Jim Keith; opposed to acquisition 

Dennis Carlin; opposed to acquisition 

Thomas Egan; opposed to acquisition 

Steve Cooney: opposed to acquisition 

Lou Urbano; opposed to acquisition 

Turn Weiss: support of acquisition 

Angus McCarthy: opposed to acquisition 

Dawn Bernhardt; support of acquisition 

Kieran Buckley: opposed to acquisition 

Jerry Augusta: opposed to acquisition 

Mrs. O'Flynn, opposed to acquisition 

Rick Hills; opposed to acquisition 

Mark Brennan; opposed to acquisition 

Ann Brennan: opposed to acquisition 

Mr. O'Keefe; opposed to acquisition 

Andrew Smith: opposed to acquisition 

Male Speaker: opposed to acquisition 

Redman Lyons: opposed to acquisition 

Mary Lipian; support of acquisition 



City and County of San Francisco lUS Printed at 10:01 AM on 11/25/200.1 



Board uf Supervisors Meetirif; Minnies Tuesday, October 21, 2003 



Eileen Long: opposed of acquisition 

Sean Gorman; opposed to acquisition 

Ella Simpson, Libertarian Party, opposed to acquisition 

Brian Magee: opposed to acquisition 

Ann: opposed to acquisition 

Declan White: opposed to acquisition 

Leo Cassidy: opposed to acquisition 

Mya Arneau: support to acquisition 

Male Speaker; opposed to acquisition 

Male Speaker: support of acquisition 

Keith Sangus; support of acquisition 

Brian O'Flynn, owner of 701 Lombard Street; opposed to acquisition 

Brad Willmore; support of acquisition 

Arthur Chang: Member ofPROSAC 

Gerry Crowley; Past President, Telegraph Hill Association, support of acquisition 

Male speaker; support of acquisition 

Daniel Cuneo; support of acquisition 

MaryJoEllen; support of acquisition 

Sandra Tak; support of acquisition 

Julie Christiansen: support of acquisition 

Tom Coyne; opposed to acquisition 

Joe Cassidy: opposed to acquisition 

Susan Whiteman; support of acquisition 

Martin Coyne, owner of 701 Lombard Street; opposed to acquisition 

Sean Keighran; opposed to acquisition 

Alice Barkley; attorney for appellant; opposed to acquisition 



Supervisors Ammiano, Daly, McGoldrick, and Sandoval were noted absent at 

6:15 p.m. 

Supen'isor Daly noted present at 6:20 p.m. 

Supervisor Daly noted absent at 6:45 p.m. 

Supen'isor Gonzalez noted absent at 7:01 p.m. 

Superx'isor Daly noted present at 7:10 p.m. 

Supervisor Ma noted absent at 7:10 p.m. 

Supervisor Sandoval noted present at 7:14 p.m. 

Supenisor Ma noted present at 7:23 p.m. 

Supervisor Newsom noted absent at 7:45 p.m. 

Supen'isor Ammiano noted present at 8:29 p.m. 

Supen'isor Peskin noted absent at 8:28 p.m. 

Supervisor Peskin noted present at 8:40 p.m. 

Supen'isor McGoldrick noted present at 8:45 p.m. 

Supervisor Gonzalez noted present at 9:00 p.m. 

Supen'isor Newsom noted present at 9:10 p.m. 



The President inquired if there was anyone else who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 



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Appointment of President Pro Tempore 

At the request of the President, Super\'isor Sandoval assumed the Chair so the President could participate in 
the debate from the floor concerning the following item. 

The President resumed the Chair shortly thereafter. 
031551 [Enunent Domain - Resolution of Necessity - 701 Lombard Street] 
Supervisor Peskin 

Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain 
for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code 
Section 101.1. 

Continued to November 25, 2003 

Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion 

carried by the following vote: 

Ayes; 7 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 4 - Dufty, Hall, Ma, Newsom 



SPECIAL ORDER 5:30 P.M. 



(This matter may be continued.) 

031631 [Public Hearing - Appeal, Final EIR for the 300 Spear Street Project] 

Hearing of persons interested in or objecting to the Planning Commission certification of the Final 
Environmental Impact Report Case No. 2000.1090E, dated September 4, 2003, for the proposed project at 300 
Spear Street. (Appellant: Sue C. Hestor, attorney for the Rincon Hill Residents Association and the BayCrest 
Towers Residential Association). 

(Filed 9/24/03; companion measure to Files 031632, 031633, 031634.) 

Continued to November 18, 2003 

Supervisor Peskin, seconded by Supervisor Newsom, moved that this Hearing be CONTINUED. The motion carried 

by the following vote: 

Ayes: 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 4 - Ammiano, Daly, McGoldrick, 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 ofSuper\'isors, ( 1 Dr. Carlton B. 
Goodlett Place, Room 244; San Francisco. CA 94102-4689) at, or prior to, the public hearing. 



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



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Meeting Minutes 



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031632 [Affirm certification of final environmental impact report for tiie 300 Spear Street Project] 

Motion affirming the Planning Commission certification of the final environmental impact report for the 300 
Spear Street Project. (Clerk of the Board) 

Continued to November 18. 2003 

Supervisor Peskin, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried 

by the following vote: 

Ayes; 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 4 - Ammiano, Daly, McGoldrick, Sandoval 

031633 [Reverse certification of final environmental impact report for the 300 Spear Street Project] 

Motion reversing the Planning Commission certification of the final environmental impact report for the 300 
Spear Street Project. (Clerk of the Board) 

Continued to November 18, 2003 

Supervisor Peskin, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried 

by the following vote: 

Ayes; 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin 
Absent; 4 - Ammiano, Daly, McGoldrick, Sandoval 

031634 [Preparation of findings to reverse certification of the of final environmental impact report for the 300 
Spear Street Project] 

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors" 
reversal of the Planning Commission certification of the final environmental impact report for the 300 Spear 
Street Project. (Clerk of the Board) 

Continued to November 18, 2003 

Supervisor Pesidn, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried 

by the following vote: 

Ayes; 7 - Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin 
Absent; 4 - Ammiano, Daly, McGoldrick, Sandoval 



SPECIAL ORDER 7:00 P.M. 



(This matter may be continued.) 

031627 [Public Hearing - Appeal, Final EIR for the 201 Folsom Street Project] 

Hearing of persons interested in or objecting to the Planning Commission certification of the Final 
Environmental Impact Report Case No. 2002.1073E, dated September 4, 2003, for the proposed project at 201 
Folsom Street. (Appellant: Sue C. Hestor, attorney for the Rincon Hill Residents Association and BayCrest 
Towers Residential Association). 

(Filed 9/24/03; companion measure to Files 031628, 031629, 031630.) 

Continued to November 18, 2003 

Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED. The motion carried 

by the following vote: 

Ayes; 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Sandoval 



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

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

031628 [Affirm certification of final environmental impact report for the 201 Folsom Street Project] 

Motion affirming the Planning Commission certification of the final environmental impact report for the 201 
Folsom Street Project. (Clerk of the Board) 

Continued to November 18, 2003 

Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried 

by the following vote: 

Ayes: 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 5 - Ammlano, Daly, Gonzalez, McGoldrlck, Sandoval 

031629 [Reverse certification of final environmental impact report for the 201 Folsom Street Project] 

Motion reversing the Planning Commission certification of the final environmental impact report for the 201 
Folsom Street Project. (Clerk of the Board) 

Continued to November 18, 2003 

Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried 

by the following vote: 

Ayes: 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Sandoval 

031630 [Preparation of findings to reverse certification of the of final environmental impact report for the 201 
Folsom Street Project.] 

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' 
reversal of the Planning Commission certification of the final environmental impact report for the 201 Folsom 
Street Project. (Clerk of the Board) 

Continued to November 18, 2003 

Supervisor Maxwell, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried 

by the following vote: 

Ayes: 6 - Dufty, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 5 - Ammlano, Daly, Gonzalez, McGoldrick, Sandoval 



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SPECIAL ORDER 8:30 P.M. 

031636 [Public Hearing - Appeal, Conditional Use - 5630-38 Mission Street] 

Hearing of persons interested in or objecting to the decision of Planning Conimission by its Motion No. 16639 
dated August 28, 2003, approving Conditional Use Application No. 2003.0376C pursuant to Section 711 .83 of 
the Planning Code, and subject to certain conditions, to allow the installation of six (6) panel antennas and one 
( 1 ) GPS antenna on the rooftop and associated equipment cabinets within the storage room of the Mission Inn 
Motel, as part of a wireless telecommunications network operated by Verizon Wireless in a NC-2 (Small-Scale 
Neighborhood Commercial District), and a 40-X-Height and Bulk District, on property located at 5630-38 
Mission Street, between Naglee and Whipple Avenues; Lot 012, in Assessor's Block 7098. 

(Appeal filed September 25, 2003; categorically exempt from the environmental review process pursuant to 
Class 1 exemptions of Title 14 of the California Administrative Code; companion measure to Files 031637, 
031638, 031639; District 11.) 

Continued to October 28, 2003 

Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED. The motion 

carried by the following vote: 

Ayes; 7 - Ammlano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval 
Absent: 4 - Daly, Gonzalez, McGoldrIck, Newsom 



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

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

031637 [Appeal, Conditional Use, 5630-38 Mission Street] 

Motion approving decision of the Planning Commission by its Motion No. 16639 approving Conditional Use 
Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings pursuant to 
Planning Code Section 101.1. (Clerk of the Board) 

Continued to October 28. 2003 

Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion 

carried by the following vote: 

Ayes: 7 - Ammlano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval 
Absent: 4 - Daly, Gonzalez, McGoldrIck, Newsom 

031638 [Appeal, Conditional Use, 5630-38 Mission Street] 

Motion disapproving decision of the Planning Commission by its Motion No. 16639 approving Conditional 
Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings 
pursuant to Planning Code Section 101.1. (Clerk of the Board) 

Continued to October 28. 2003 

Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion 

carried by the following vote: 

Ayes; 7 - Ammlano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval 
Absent: 4 - Daly, Gonzalez, McGoldrick, Newsom 

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031639 [Findings - 5630-38 Mission Street] 

Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application 
No. 2003.0376C, on property located at 5630-38 Mission Street, for action by the Board at its next meeting. 
(Clerk of the Board) 

Continued to October 28, 2003 

Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion 

carried by the following vote: 

Ayes: 7 - Ammiano, Dufty, Hall, Ma, Maxwell, Peskin, Sandoval 
Absent: 4 - Daly, Gonzalez, McGoldrick, Newsom 



ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Bob Planthold; motorcycle parking legislation 
Edward Evans; motorcycle parking legislation 
Roger Brandwin; hotel on Mission Street issues 
Robert; general issues 
Vernon Jenkins; general issues 



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. 

Superx'isor Daly noted absent at 3:00 p.m. 

031719 [Commending the Mission Council] 
Supervisor Daly 

Resolution commending the Mission Council for 25 years of delivering culturally competent, community-based 
services to the people of San Francisco. 

Resolution No. 709-03 
ADOPTED 

031720 [Proclaiming October 2003 Potrero Hill Month] 
Supervisor Maxwell 

Resolution proclaiming October 2003 "Potrero Hill Month" in the City and County of San Francisco. 

Resolution No. 710-03 
ADOPTED 



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031722 [Needle Exchange Emergency] 

Supervisors Ammiano, Nevvsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of tlie Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

Motion No. M03-189 

APPROVED 



The foregoing items were acted upon by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Daly 



Severed from Without Reference to Committee Agenda 



» 



Superx'isors Hall and Sandoval requested that this matter be severed so that it could be considered separately. 
031673 [Urging Governor Davis to sign Senate Bill 2] 
Supervisor Sandoval 

Resolution urging Governor Davis to sign Health Insurance Act of 2003, also known as SB 2, which would 
expand the current employer-based health care system to provide health coverage to over one million uninsured 
Californians. 

Super\'isor Sandoval, seconded by Supen'isor Maxwell, moved an amendment of the whole. 
AMENDED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 2 - Daly, Hall 

Resolution commending Governor Davis for signing the Health Insurance Act of 2003, also known as SB 2, 
which would expand the current employer-based health care system to provide health coverage to over one 
million uninsured Californians. 

Resolution No. 708-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 2 - Daly, Hall 



Supervisor Gonzalez requested that this matter be severed so that it could be considered separately. 
031718 [Supporting Immigrant Pride Day 2003 in the City & County of San Francisco] 
Supervisor Gonzalez 

Resolution waiving the fees associated with Immigrant Pride Day for the San Francisco Police Department and 
the San Francisco Fire Departments and urging the Municipal Transportation Agency to join with the City and 
waive their fees in support of Immigrant Pride Day. 

Supen'isor Gonzalez requested that this matter be referred to Committee. 
REFERRED to the Citv Services Committee. 



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OFF-AGENDA LEGISLATION 



Introduced by Supervisors or Mayor 



Ordinances 

031739 [Prohibition on Demolition of Residential Buildings With 20 or More Dwelling Units Unless the 
Residential Building Proposed for Demolition Requires Substantial Rehabilitation] 
Supervisor Daly 

Ordinance to amend the Planning Code by adding Section 317 and by amending Sections 710.39, 71 1.39, 
712.39, 713.39, 714.39, 715.39, 716.39, 717.39, 718.39, 719.39, 720.39, 721.39, 722.39, 723.39, 724.39, 
725.39, 726.39, 727.39, 728.39, 729.39, 730.39, 813.13, 814.13, 815.13, 816.13, 817.13, 818. 13, 212, 242, 
243, 249.5, and 249.21 to make findings as to the need to preserve affordable housing in San Francisco and to 
prohibit the demolition of residential buildings with 20 or more dwelling units unless the applicant for the 
proposed demolition provides documentation that the residential building requires substantial rehabilitation, 
and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General 
Plan. 
10/21/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 1 1/20/2003. 

031747 [Revising permit fee and planning review surcharges applicable to permits and review activities subject 
to review by the Board of Appeals] 
Supervisor Peskin 

Ordinance amending the Administrative Code by amending Section lOG.l to correct erroneous Planning and 
Building Code citations, revising permit surcharges on permits issued by the Department of Building 
Inspection, the Taxi Commission, the Police Department and the Department of Public Works permits where 
such permits are subject to appeal before the Board of Appeals, revising the surcharge on fees imposed by the 
Planning Department for review of permits where such permits are subject to appeal before the Board of 
Appeals, and making environmental findings. 
10/21/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031655 [Post-Employment Restrictions for Former City Employees] 
Supervisor Newsom 

Ordinance adding Chapter 8, Activities of Former Officers and Employees, to Article III of the Campaign and 

Governmental Conduct Code; moving section 3.545 of the Campaign and Governmental Conduct Code to 

section 3.800; and adding prohibitions to prevent former City employees, for a period of two years, from 

communicating on behalf of any other person or entity, other than the City and County of San Francisco, with 

an elected public official who was the former employee's appointing authority or City employees who are 

current appointees of that appointing authority. 

9/30/03, RECEIVED AND ASSIGNED to Rules Committee. 

10/21/03, SUBSTITUTED. Supervisor Newsom presented a substitute ordinance approved as to form, 

replacing a draft previously submitted. 

10/21/03. ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/20/2003. 



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031656 [Campaign Consultants Lobbying Current and Former Clients] 
Supervisor Newsom 

Ordinance amending Article II, Chapter 1, Section 2.100, adding section 2.117 to Article II, Chapter 1, and 

adding section 1.545 to Article I, Chapter 5 of the Campaign and Governmental Conduct Code to prohibit 

campaign consultants and employees of campaign consultants from lobbying current and former clients. 

9/30/02, RECEIVED AND ASSIGNED to Rules Committee. 

10/21/03, SUBSTITUTED. Supervisor Newsom presented a substitute ordinance approved as to form, 

replacing a draft previously submitted. 

10/21/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 1 1/20/2003. 

020585 [Establishing a Library Citizens Advisory Committee] 
Supervisor McGoldrick 

Ordinance amending Chapter 5 of the San Francisco Administrative Code by adding Article 24, Section 5.240, 

to establish the Library Citizens Advisory Committee as an advisory committee to the Board of Supervisors. 

4/8/02, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee. 

12/10/02, FILED PURSUANT TO RULE 5.37. 

10/21/03, REACTIVATED PURSUANT TO RULE 5.23. Supervisor McGoldrick requested this matter be 

reactivated and be named as sponsor. 

10/21/03, ASSIGNED to Rules Committee. 

Resolutions 

031738 [Contracting out Budget Analyst Services] 

Resolution concurring with the controller's certification that the budget analyst services can be practically 
performed by private contractor for lower cost than similar work services performed by city and county 
employees. (Clerk of the Board) 
10/21/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031746 [Accept-Expend State Grant] 

Mayor, Supervisors McGoldrick, Maxwell, Sandoval, Newsom 

Resolution authorizing the Department of Parking and Traffic to accept and expend a grant in the amount of 
$199,204 from the California Office of Traffic Safety for improving school area traffic safety. 

(No Public Benefit Recipient.) 

10/21/03, RECEIVED AND ASSIGNED to Land Use Committee. 



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031748 [Installing City-owned broadband facilities in conjunction with the Citj's planned rebuild its sewer 
system] 
Supervisor Ammiano 

Resolution urging the Department of Telecommunications and Information Services, the Public Utilities 
Commission, the Department of Public Works, and the Mayor's Office of Public Finance to evaluate the costs, 
benefits, and technical issues associated with installing broadband facilities when the City and County of San 
Francisco conducts its planned rebuild of its sewer system, to enable the City and County of San Francisco to 
increase the availability of bandwidth for telecommunications, cable, and information services. 
10/21/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031753 [Authorize the City and County of San Francisco's application to host the United Nations' World 
Environment Day 2005] 

Supervisor Dufty 

Resolution authorizing San Francisco to apply to host United Nations' World Environment Day celebrations in 
2005 and, if selected, designating SF Environment to work with other City departments to coordinate a host 
committee that will ensure the programmatic, financial, and educational success of the event. 
10/2 1/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031754 [Zoning - Extension of Planning Commission Review Period] 
Supervisor Gonzalez 

Resolution extending the prescribed time within which the Planning Commission may render its decision on a 
proposed ordinance to amend the Planning Code to require that all retail uses in C-2, C-M, M-1, M-2, RSD, 
SLR, SLI. SSO, and SPD zoning districts which are 50,000 square feet or larger may only be permitted as 
conditional uses. 

10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031755 [Humanities West Day] 
Supervisor Ma 

Resolution declaring November 21, 2003 to be "Humanities West Day" in the City and County of San 

Francisco. 

10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 

031756 [Robert Louis Stevenson Elementary School Day] 
Supervisor Ma 

Resolution declaring November 13. 2003 to be "Robert Louis Stevenson Elementary School Day" in the City 
and County of San Francisco. 

10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



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031757 [Exemption from Requirement that Ambulances Carry Spare Tire and Jack] 
Supervisor Ma 

Resolution authorizing the San Francisco Fire Department to be exempt from California Code of Regulations 

Title 13, Division 2, Chapter 5, Article 1, Section 1 103(e) and (t), requiring ambulances to carry spare tire and 

jack. 

10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 

031758 [Commending Kathleen Vasquez] 
Supervisor Maxwell 

Resolution commending Kathleen Vasquez for winning the Milken National Educator's Award. 
10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031759 [Urging U.S. Senators Dianne Feinstein and Barbara Boxer to fully fund Section 8] 
Supervisors Ammiano, Daly 

Resolution urging U.S. Senators Dianne Feinstein and Barbara Boxer to fully fund the Section 8 voucher 
program, so that all current recipients may preserve their housing and those on the waiting list may receive new 
vouchers in the coming fiscal year. 

10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031760 [Shelter Workers] 
Supervisors Ammiano, Daly 

Resolution urging the Mayor's Budget Office, in consultation with the Controller, the Director of Public 
Health, the Director of Human Services and the Mayor's Office of Homelessness, to identify cost-savings 
necessary to develop funding for employee compensation negotiations between City-funded non-profit 
agencies and employee bargaining units representing shelter workers. 

10/21/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031514 [Authorizing transfer of funds and management oversight from DPW to MOCD] 
Supervisor Gonzalez 

Resolution authorizing transfer of $475,000 and management oversight of two City accessibility projects from 

the Department of Public Works to the Mayor's Office of Conununity Development for inclusion in City's 

CDBG Program in order to satisfy HUD's demand for City reimbursement relating to the improper use by the 

Third Street Economic Development Corporation of $51,706 in grant funds at 5048 Third Street. 

8/26/03. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETING. 

9/16/03, ASSIGNED to Finance and Audits Committee. 

9/16/03, REFERRED to Finance and Audits Committee. 

10/21/03, ASSIGNED to Finance and Audits Committee. 

10/21/03, SUBSTITUTED. Supervisor Gonzalez submitted a substitute resolution bearing new title. 



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Requests for Hearings 

031740 [Current Status of Instant Runoff Voting in San Francisco] 
Supervisor Gonzalez 

Hearing to discuss the current status of Instant Runoff Voting in San Francisco on Election Systems and 
Software's compliance with their contract and their efforts to gain certification with state and federal authorities. 
10/21/03, RECEIVED AND ASSIGNED to Rules Committee. October 15, 2003 Memo from Department of 
Elections received. 

031741 [Transbay Redevelopment Draft Plan] 
Supervisor McGoldrick 

Hearing on the Transbay Redevelopment Draft Plan. 

10/21/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031742 [Rincon Hill Draft Plan] 
Supervisor McGoldrick 

Hearing on the Rincon Hill Draft Plan. 

10/21/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031 744 [Use of Federal EPSDT funding] 
Supervisor Dufty 

Hearing on the use of Federal EPSDT funding (Early Prevention, Screening, Detection, and Treatment) to 
expand adolescent substance abuse treatment and services. This hearing will consider the potential use of these 
EPSDT funds to leverage needed expansion of services to adolescents. 
10/21/03, RECEIVED AND ASSIGNED to City Services Committee. 

031745 [Compensation and contract for MTA Director Michael Burns.] 
Supervisor Gonzalez 

Hearing to discuss decisions made by the Municipal Transportation Agency (MTA) related to the 
compensation and contract for MTA Director Michael Burns. 
10/21/03, RECEIVED AND ASSIGNED to Rules Committee. 



Motions 



031749 [Legislative Analyst Request 
contracts] 
Supervisors Ma, Maxwell 



Practices and policies for processing invoices and payments on City 



Motion requesting the Office of the Legislative Analyst (OLA) to compare and contrast San Francisco's current 
practices and policies for processing invoices and payments on City contracts to model municipalities (cities 
and/or counties), the State of California, and the San Francisco International Airport. In addition, the OLA 
should review and consider the feasibility of implementing a successful system in San Francisco. 
10/21/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration October 28, 2003. 



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031750 [Legislative Analyst Request - Cable Franchises] 
Supervisor Sandoval 

Motion requesting the Legislative Analyst to survey other major cities such as Berkeley and Santa Cruz to find 
out whether they have used outside contractors or consultants to negotiate cable franchises. Also requesting the 
Legislative Analyst to consult with the Department of Telecommunication and Information Services, Zane 
Blaney of AccessSF, and Office of Supervisor Sandoval for the report and to deliver this report by November 
14, 2003. 
10/2 1/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration October 28, 2003. 

031751 [Legislative Analyst Request - Homebuyer assistance] 
Supervisors Sandoval, Daly, Hall 

Motion requesting the Legislative Analyst to survey other jurisdictions regarding down payment assistance 

programs for first time homebuyers and to consult with the City Attorney's Office and the Mayor's Office of 

Housing regarding the feasibility and effectiveness of a down payment assistance program. Also requesting the 

Legislative Analyst to evaluate current homebuyer assistance programs and deliver report by November 14, 

2003. 

10/21/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration October 28, 2003. 

031723 [Appointment, Public Utilities Commission] 

Motion approving the Mayor's appointment of Andrew Lee to the Public Utilities Commission, for the term 
ending January 15, 2004. (Mayor) 

Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by 

two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of 

appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day 

period shall result in the appointee continuing to serve as appointed. 

Transmittal date - October 16, 2003. 

10/21/03, RECEIVED AND ASSIGNED to Rules Committee. 10/29/03 - Received communication from 

Mayor Willie L. Brown, Jr. withdrawing his nomination of Andrew Lee to the Public Utilities Commission. 

031724 [Appointment, Public Utilities Commission] 

Motion rejecting the Mayor's appointment of Andrew Lee to the Public Utilities Commission. 
10/21/03, RECEIVED AND ASSIGNED to Rules Committee. 10/29/03 - Received communication from 
Mayor Willie L. Brown, Jr. withdrawing his nomination of appointment of Andrew Lee to the Public Utilities 
Commission. 

031725 [Appointment, Public Utilities Commission] 

Motion taking no position concerning the Mayor's appointment of Andrew Lee to the Public Utilities 

Commission, for term ending January 15, 2004. 

10/21/03, RECEIVED AND ASSIGNED to Rules Committee. 10/29/03 - Received communication from 

Mayor Willie L. Brown. Jr. withdrawing his nomination of appointment of Andrew Lee to the Public Utilities 

Commission. 



PROPOSED ORDINANCES 



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031694 [Traffic Code - Amending Section 32.1.1 to update location of Main Public Library] 

Ordinance amending Section 32. 1 . 1 of the San Francisco Traffic Code. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

10/1/03, RECEIVED AND ASSIGNED to Land Use Committee. 

10/15/03, ASSIGNED to Land Use Committee. 

10/15/03, SUBSTITUTED. City Attorney submitted a substitute ordinance bearing new title. 

031695 [Changing Official Width of Sidewalk] 

Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto 
Section 1561 to change the official sidewalk width on the south side of Market Street west of Third Street; 
making findings pursuant to the General Plan; and requiring relocation, modification, or both of facilities 
affected by the sidewalk width changes. (Public Works Department) 

(No Public Benefit Recipient.) 

9/30/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031697 [Settlement of Lawsuit] 

Ordinance authorizing settlement of the lawsuit filed by Lynn Andrews against the City and County of San 
Francisco for $75,000; the lawsuit was filed on July 18, 2002 in San Francisco Superior Court, Case No. 410- 
430; entitled Lynn Andrews v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

10/9/03, RECEIVED AND ASSIGNED to Rules Committee. 

031690 [Settlement Of Lawsuit] 
Supervisor Gonzalez 

Ordinance authorizing settlement of the lawsuit filed by Restore Hetch Hetchy against the City and County of 
San Francisco for $1,700.00; the lawsuit was filed on July 24, 2003 in San Francisco Superior Court, Case No. 
503-306; entitled Restore Hetch Hetchy v. San Francisco Board of Supervisors et al.; other material terms of 
said settlement are that the City and County of San Francisco and San Francisco Public Utilities Commission 
agree to remain neutral on Petitioner's efforts to seek funding for preparation of a study assessing the feasibility 
of restoring the Hetch Hetchy Valley. The San Francisco Public Utilities Commission reserves the right to 
comment on any restrictions, requirements or regulations that would be imposed on the Department by a 
funding source as a prerequisite to the appropriation of those funds. (City Attorney) 
10/10/03, RECEIVED AND ASSIGNED to Rules Committee. 



PROPOSED RESOLUTIONS 



031662 [Settlement of Claim] 

Resolution approving the settlement of the unlitigated claim filed by Fireman's Fund Insurance Company and 
Richard Dennes against the City and County of San Francisco. 

(Public Benefit Recipient.) 

10/3/03, RECEIVED AND ASSIGNED to Rules Committee. 



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031691 [STOP Intersections] 

Resolution designating certain intersections as "STOP" intersections. 

STOP SIGNS - ESTABLISH 

Le Conte and Meade Avenues, stopping both streets, making this intersection an All-Way STOP; 

Teddy Avenue and Alpha Street, stopping Teddy Avenue at Alpha Street, making this intersection an All-Way 

STOP; 

Leland Avenue and Peabody Street, stopping Leland Avenue and Peabody Street, making this uncontrolled T- 

intersection an All-Way STOP; 

Broadway and Jones Street, stopping Jones Street, making this intersection an All-Way STOP; 

Benton Avenue and Genebern Way, stopping westbound Benton Avenue at Genebern Way; 

26th Avenue and Moraga Street, stopping 26th Avenue, making this intersection an All-Way STOP; 

25lh and Mississippi Streets, stopping both streets, making this uncontrolled T-intersection an All-Way STOP; 

20th Avenue and Quintara Street, stopping Quintara Street traffic at 20th Avenue, making this intersection an 

All-Way STOP; and 

Harney Way at Alana Way and Thomas Mellon Drive, stopping eastbound Harney Way Left Turn onto Alana 

Way. (Parking and Traffic Department) 

9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPT Order No. 2692; No Public Benefit Recipient.) 
10/1/03, RECEIVED AND ASSIGNED to Land Use Committee. 



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031692 [Traffic Regulations] 

Resolution enacting and rescinding traffic regulations on various streets. 

LEFT LANE MUST TURN LEFT - ESTABLISH 
Paul Avenue, eastbound, at Bayshore Boulevard. 

CROSSWALK - RESCIND 

Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, south side, at Oakdale Avenue. 

CROSSWALK - ESTABLISH 

Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, north side. 

NO RIGHT TURN AFTER BALLPARK EVENTS EXCEPT TAXIS - RESCIND 
NO RIGHT TURN AFTER BALLPARK EVENTS - ESTABLISH 
3rd Street, northbound, at Townsend Street. 

NO LEFT TURN - ESTABLISH 

Woodside Avenue, eastbound, onto Youth Guidance Center/Laguna Honda Hospital access road. 

NO LEFT TURN - ESTABLISH 

Woodside Avenue, westbound, onto Idora Avenue. 

CROSSWALK - RESCIND 

Crossing Woodside Avenue, west side, at Idora Avenue. 

CROSSWALK - RESCIND 

Crossing Woodside Avenue, east side, at the Youth Guidance Center/Laguna Honda access road. 

NO LEFT TURN, 7:00 AM to 9:00 AM AND 4:00 PM TO 6:00 PM, EXCEPT SATURDAY AND 

SUNDAY - RESCIND 

NO LEFT TURN - ESTABLISH 

Judah Street, westbound at 17th Avenue. (Parking and Traffic Department) 

Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations 
where such changes do not establish a higher speed limit or result in more than a negligible increase in the use 
of the street; DPT Order No. 2692; No Public Benefit Recipient.) 
10/1/03, RECEIVED AND ASSIGNED to Land Use Committee. 



Cily and County of San Francisco 1131 Printed at 10:02 AM on 11/25/2003 



Board of Supervisors 



Meeting Minutes 



Tuesday, October 21, 2003 



031693 [Parking Regulations] 

Resolution enacting and rescinding parking regulations at various locations. 

RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY 

THROUGH FRIDAY) - ESTABLISH 

Funston Avenue, west side, between California and Clement Streets (200 block). 

RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY 

THROUGH FRIDAY) - ESTABLISH 

Sloat Boulevard, south side, from 20th Avenue to 100 feet easterly (300 block); and 

20th Avenue, both sides, between Sloat Boulevard and Ocean Avenue (2900 block). 

UNMETERED MOTORCYCLE PARKING - ESTABLISH 

Fulton Street, south side, at 6th Avenue (accommodates 3 unmetered parking spaces). 

TOW-AWAY. NO STOPPING ANYTIME - ESTABLISH 

States Street, north side, from Corona Heights Playground to a point 26 feet westerly. 

(9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPW Order No. 2692; No Public Benefit Recipient.) 
10/1/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031696 [Lease of Property] 

Resolution authorizing a 25-year Lease of San Francisco Public Utilities Land between the City and County of 
San Francisco and Sunol Valley Golf & Recreation Co., in Alameda County. (Public Utilities Commission) 

(Fiscal impact; Public Benefit Recipient.) 

10/1/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031698 [Approval of the Amended Ground Lease for the Rincon Park Restaurants Project] 

Resolution approving the Amended Ground Lease between the Port Commission and JMA Waterfront 
Properties, LLC, a Delaware limited liability company, for the Rincon Park Restaurants Project, located on The 
Embarcadero between Howard and Folsom Streets, for a total term, including renewal options, of sixty years. 
(Port) 

(Public Benefit Recipient.) 

10/3/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031716 [Airport Lease Disposition and Development Agreement and Lease] 

Resolution approving the Lease Disposition and Development Agreement and Lease of Plot 9 between Airis 
SFO, LLC and the City and County of San Francisco, acting by and through its Airport Commission. (Airport 
Commission) 

(No Public Benefit Recipient.) 

10/10/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



Cily and County of San Francisco 



1132 



Printed at 10:02 AM on 11/25/2003 



Board of Supervisors Meeting Minutes Tuesday. October 21, 2003 



Requests Granted 

From: Supervisor Maxwell 

To: Planning Department 

Requesting/Inquiring: Inquiring if the Department, in the development of its plans for lower 

Potrero/Showplace Square and the Mission, is working with the Department of Public Health for an economic 

and social analysis of the impacts of the various zoning proposals and the San Francisco County 

Transportation Authority to develop a plan for transit and overall transportation focused on the 16th Street 

corridor. 

From: Supervisors McGoldrick, Ma 

To: City Attorney 

Requesting/Inquiring: To write an Ordinance that creates a one-year moratorium on all Recreation and Park 

Department acquisitions except those in "high need areas" as identified by the General Plan, until a proper 

policy atid framework for making open space decisions is prepared and approved by the Commission and the 

Board of Supervisors. 

From: Supervisor Sandoval 

To: Department of Parking and Traffic 

Requesting/Inquiring: Inquiring about the feasibility of installing a "No U-Turn" sign on Aleniany Blvd 

(heading southbound) at Santa Rosa Street in front of Corpus Christi school to improve pedestrian safety and 

decrease vehicular accidents. 

From: Supervisor Sandoval 

To: Director of Recreation and Park Department 

Requesting/Inquiring: Requesting an update on capital developments for Brooks Park. The department should 

state the amount of money designated for capital developments at Brooks Park and provide a detailed timeline 

of construction at the park. 

Also requesting clerk to send a copy of this letter and its response to: 

Isabel Wade 

Neighborhood Parks Council 
783 Buena Vista West 
San Francisco, CA 94 II 7 

From: Supervisor Sandoval 

To: Director of Recreation and Park Department 

Requesting/Inquiring: Requesting information about the status of the Geneva Avenue Community Garden 

located at the corner of Geneva Avenue and Delano Street. The department should detail the history of 

garden, previous and current resources designated for the maintenance of the garden, and future plans for 

development of the garden. The department should also gather community input about the future development 

of this parcel 



Also requesting clerk to send a copy of this letter and its response to: 



Isabel Wade 
Chair. PROSAC 
Neighborhood Parks Council 
783 Buena Vi.'ita West 
San Francisco, CA 941 17 



City and County uj San Francisco 1133 Frinled at 10:02 AM on 11/25/2003 



Board vf Supervisors Meeting Minutes Tuesday, October 21, 2003 



From: Supervisor Sandoval 

To: Director of Recreation and Park Department 

Requesting/Inquiring: Requesting information about the status of acquiring property on the north side of 

Brotherhood Way at Chester Street for the Chester Street Mini Park. The department should include the 

estimated cost of acquisition and a comparison of the cost of similar undeveloped parcels in the area in its 

response. 

Also requesting clerk to send a copy of this letter and its response to: 

Isabel Wade 
Chair, PROSAC 
Neighborhood Parks Council 
783 Buena Vista West 
San Francisco, CA 941 17 



In Memoriams 



Robert Landis (Supervisors Dufty, Ma, Sandoval) 
Michael Driscoll (Supervisor Hall) 
Hugh Smith (Supervisor Hall) 
Chester H. Yee (Supenisor Ma) 
Faith Fancher (Supen'isor Maxwell) 



City and County of San Francisco 1134 Printed al 10:02 AM on 11/25/2003 



Board of Supervisors 



Meeting Minutes 



Tuesday, October 21, 2003 



ADJOURNMENT 



There being no further business, the Board at the hour of 10:37 p.m. adjourned. 
Gloria L Young, Clerk of the Board 



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 18, 2003. 

1. 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. 



Gloria L. Young 
Clerk of the Board 



C'ily and County of San Francisco 



//.?5 



Printed at 10:02 AM on U/2S/2003 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 

^MEETING MINUTES 



>/ 2 * /o J 



Tuesday, October 28, 2003 2:00 PM 

Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Regular Meeting 



DOCUMENTS DEPT. 
JAN 1 3 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



MA TT GONZALEZ, PRESIDENT 

TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GA VINNEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 

Agendas of the Board of Supervisors are available on the internet at www ci sf ca us/bdsupvsrs 

BOARD COMMITTEES 



Committee Membership 

Budget Committee 

Supen isors Daly, Peskin, Maxwell, Ma, Gonzalez 

City and School District Select Committee 

Supervisors Maxwell, Ammiano, Ma, Commissioners Cruz, Sanchez, Kelly 

City Services Committee 

Supervisors Dufly, Ma, Newsom 

Finance and Audits Committee 

Supervisors Peskin. Sandoval, McGoldrick 

Land Use Committee 

Supervisors McGoldrick, Maxwell, Ammiano 

Rules Committee 

Supervisors Hall, Dufty, Gonzalez 



Meeting Days 

Thursday 
1 00 PM 



2nd Monday, bi-monthlv 
4;00 PM 



Thursday 
9:30 AM 

Wednesday 

12:30 PM 

Mondav 
1:00 PM 

Wednesday 
9:30 AM 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee 

Volume 98 Number 36 



Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo 
Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting was called to order at 2: 1 1 p.m. On the call of the roll, the following 
Supervisors were noted absent. 

Supervisors Ammiano, Newsom, Sandoval- 3 

Quorum present. 

Supervisor Sandoval was noted present at 2:12 p.m. 
Supervisor Newsom was noted present at 2. 16 p.m. 
Supervisor Ammiano was noted present at 2:24 p.m. 

CONSENT AGENDA 



Recommendations of the Rules Committee 

031736 [Appointmentl 

Resolution appointing Joe LaTorre, term ending December 22, 2003 to the Lead Hazard Reduction Citizens 
Advisory Committee. Residency requirement waived. 

Joe LaTorre, residency requirement waived, succeeding Linda Salas, resigned, Seat No. 6, must be a 
representative involved in housing and community development issues from the Mayor's Office, for the 
unexpired portion of a four-year term ending December 22, 2003. 

Resolution No. 718-03 

ADOPTED 

031642 [Settlement of Lawsuit - Marie Lavin] 

Ordinance authorizing settlement of the lawsuit filed by Marie Lavin against the City and County of San 
Francisco for $200,000; the lawsuit was filed on December 5, 2001, in the San Francisco Superior Court, Case 
No. 402019, entitled Marie Lavin v. City and County of San Francisco, Adult Probation Department. (City 
Attorney) 

(Public Benefit Recipient.) 
PASSED, ON FIRST READING 



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Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 



Recommendations of the Finance and Audits Committee 

031658 (Appropriate State and Federal funding for the CalWORKs, Medi-Cal, IHSS and Foster Care 
programs] 

Mayor 

Ordinance appropriating $2,399,795 of CalWORKs, Medi-Cal, IHSS and Foster Care funding to fill 28.67 
vacant FTEs including deletion of 9.38 FTEs and creation of 9.38 FTEs, purchase one-time materials and 
supplies, and provide stipends to emancipated foster youth for the Department of Human Services and 
amending Annual Salary Ordinance for Fiscal Year 2003-04. (Mayor) 

(Fiscal impact; No Public Benefit Recipient.) 

Ordinance No. 257-03 
FINALLY PASSED 

031659 [Public Employment! 

Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2003/04) reflecting the abolishment of 
14 positions (9.38 FTEs) and the creation of 14 positions (9.38 FTEs) at the Department of Human Services. 
(Human Resources Department) 

(Fiscal impact; No Public Benefit Recipient.) 

Ordinance No. 258-03 

FINALLY PASSED 

Recommendation of the Land Use Committee 

031608 [Taxicab Gate Fees] 
Supervisor Hall 

Ordinance amending Section 1 135.1 of the Police Code to provide for extending to March 1, 2004 the time for 
sunsetting the higher cap on taxicab gate fees if the City fails to enact an ordinance prescribing a long-term 
lease fee cap covering long-term lease drivers and an ordinance establishing a program of health 
insurance/health benefits for taxi drivers; and to authorize the Board of Supervisors by resolution to extend the 
times provided for in Section 1 135.1 for sunsetting the higher gate fee cap. 

Ordinance No. 256-03 

FINALLY PASSED 



City and Cou III)' of San Francisco 1140 Printed al 1 1:22 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, Octolier 2H, 2003 



Rcconimendation of the Rules Comniittee 

031457 llntroducing General Obligation Bond proposals 168 days before election] 
Supervisor Gonzalez 

Ordinance amending Section 2.3 1 of the Administrative Code to require that resolutions of necessity for 
proposed general obligation bonds must be introduced at the Board of Supervisors not less than 168 days 
before the election at which the voters could consider the proposed bond measure, rather than 169 days before 
the election. 

Ordinance No. 255-03 

FINALLY PASSED 



The foregoing items were acted upon by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxv/ell, McGoldrick, Peskin, Sandoval 
Absent: 2 - Ammlano, Newsom 



REGULAR AGENDA 



UNFINISHED BUSINESS 

031762 (Adopting findings related to the appeal of the CEQA exemption determination by the Planning 
Department for 701 Lombard) 

Motion adopting findings related to the appeal of the detennination by the Planning Department that the 
acquisition of 701 Lombard Street was exempt fi^om the California Environmental Quality Act. 

(Companion measure to Files 03 1 686, 03 1 687, 03 1 688, 03 1 689.) 

Motion No. M03-191 

APPROVED by the following vote: 

Ayes: 9- Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 2 - Ammiano, Newsom 

Recommendation of the Finance and Audits Committee 



CilyandCoiinr) of San Francisco INJ Printed at 1 1:22 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 

030869 ITobacco Sales Perniit| 

Supervisors Maxwell, Amnilano, Daly, Dufty, McGoldrick, Sandoval 

Ordinance amending the San Francisco Health Code by adding Article 19H to require a permit for tobacco 
sales and amending the San Francisco Business and Tax Regulations Code by adding section 249. 16 to set the 
fee for the tobacco sales permit. 

Ordinance No. 254-03 

FINALLY PASSED by the following vote: 

Ayes: 8 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval 

Noes: 1 - Hall 

Absent: 2 - Ammiano, Newsom 



NEW BUSINESS 



Recommendations of the Finance and Audits Committee 



Supervisor Bevan Dufty Excused From Voting 

Supervisor Daly, seconded by Supervisor Peskin, moved to excuse Supervisor Dufty, at his request, because of 
possible conflict of interest, from voting. The motion carried by the following vote: 

Ayes: 9 - Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 
Excused: 1 - Dufty 

031517 [Agreement to Sell 418-420 Jessie Street] 

Supervisors Dufty, Daly, Hall 

Resolution approving and authorizing an agreement with Martin McNemey Development, Inc. dba Martin 
Building Company, Inc. for the sale of real property consisting of a former fire station on the first and second 
floors and vacant warehouse space on the upper six floors, for a purchase price of 52,900,000; finding that 
competitive bidding is impractical or impossible; adopting findings pursuant to the California Environmental 
Quality Act; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority 
Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, 
make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) 

(Public Benefit Recipient.) 

Supervisor Daly requested to be added as cosponsor 
Supervisor Hall requested to be added as cosponsor 
Resolution No. 711-03 

ADOPTED by the following vote: 

Ayes: 9 - Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 1 - Ammiano 

Excused: 1 - Dufty 



at) and County of San Francisco 1142 Prinleit at 11:22 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 2S, 2003 



031 514 [Authorizing transfer of funds and management oversight from DPW to IV10CD| 
Supervisor Gonzalez 

Resolution authorizing transfer of management oversight of two City accessibility projects from the Mayor's 
Office of Disability and the Health Department to the Mayor's Office of Community Development for 
inclusion in City's CDBG Program in order to satisfy HUD's demand for City reimbursement relating to the 
improper use by the Third Street Economic Development Corporation of $51,706 in grant funds at 5048 Third 
Street. 

Resolution No. 712-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031538 (Contracting out Airport Employee Parking Services] 

Resolution approving the Controller's certification that Employee Parking Management Services for San 
Francisco International Airport can practically be performed by private contractor at a lower cost than if work 
were performed by city employees at budgeted levels. (Airport Commission) 

(Fiscal impact; Public Benefit Recipient.) 

Resolution No. 713-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

031539 [Contracting out Airport Public Parking Management Services] 

Resolution approving the Controller's certification that Airport Public Parking Management Services for San 
Francisco International Airport can practically be performed by private contractor at a lower cost than if work 
were performed by city employees at budgeted levels. (Airport Commission) 

(Fiscal impact; Public Benefit Recipient.) 

Resolution No. 714-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 

Recommendations of the Rules Committee 



Supervisor Jake McGoldrick Excused From Voting 

Supervisor Daly, seconded by Supervisor Dufty, moved to excuse Supervisor McGoldrick from voting on this matter. 
The motion carried by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 
Excused: 1 - McGoldrick 



City and County- of San Francisco 1143 Printed at 11:22 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 2H, 2003 

031734 1 Appointment - California State Association of Countie.s| 

Resolution appointing Supervisor Jake McGoldrick, term ending November 28, 2004, to the California State 
Association of Counties Board of Directors. 

Resolution No. 716-03 

ADOPTED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent: 1 - Ammiano 
Excused: 1 - McGoldrick 

Supenisor Gerardo Sandoval Excused From Voting 

Supervisor Maxwell, seconded by Supervisor Dufty, moved to excuse Supervisor Sandoval from voting on this 
matter. The motion carried by the following vote: 

Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 2 - Ammiano, McGoldrick 
Excused: 1 - Sandoval 

031735 (Appointment - California State Association of Counties] 

Resolution appointing Supervisor Gerardo Sandoval, term ending November 28, 2004, as an alternate member 
to the California State Association of Counties Board of Directors. 

Resolution No. 717-03 

ADOPTED by the following vote: 

Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin 
Absent: 2 - Ammiano, McGoldrick 
Excused: 1 - Sandoval 

Recommendation of the Rules Committee "Do Submit" 

031778 (Charter Amendment - Supplemental Compensation for Employees on Military Leave( 
Supervisors Newsom, Hall 

Charter amendment (First Draft) to amend Section A8.400 (h) to allow for employees called to active duty to 
receive supplemental compensation for a period to be specified by ordinance. 

Continued to November 4. 2003. 
CONTINUED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

From the Rules Committee "Without Recommendation" 

031405 (Charter Amendment - Establishing a Public Education Fund[ 
Supervisors Ammiano, Dufty, Daly 

Charter amendment (Third Draft) to add Sections 16.123-1 through 16.123-10, to establish a Public Education 
Enrichment Fund. 

(Fiscal impact.) 

Supervisor Ammiano, seconded by Supervisor McGoldrick, moved that this Charter Amendment be AMENDED, 
AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 1144 Printed at 11:23 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 



Charter amendment (Fourth Draft) to add Sections 16.123-1 through 16.123-10, to establish a Public Education 
Enrichment Fund. 

(Fiscal impact.) 

Continued lo November 4, 2003 with the Board Sitting as a Committee of the Whole. 
CONTINUED by the following vote: 

Ayes; 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Recess 
The Board recessed at the hour of 3:16 p.m. 
Reconvening of the Board 
The Board at the hour of 4:04 p.m. reconvened. 
Calling the Roll 

On call of the roll, the following Supervisors were noted present: 

Supervisors Daly, Dufty. Gonzalez, Ma, Maxwell, McGoldrick, Peskin - 7 

Quorum present. 

Supervisor Sandoval was noted present at 4:05 p.m. 
Supervisor Ammiano was noted present at 4:06 p.m. 

SPECIAL ORDER 4:00 P.M. 

031636 [Public Hearing - Appeal, Conditional Use - 5630-38 Mission Street] 

Hearing of persons interested in or objecting to the decision of Planning Commission by its Motion No. 16639 
dated August 28, 2003, approving Conditional Use Application No. 2003.0376C pursuant to Section 71 1.83 of 
the Planning Code, and subject to certain conditions, to allow the installation of six (6) panel antennas and one 
(1) GPS antenna on the rooftop and associated equipment cabinets within the storage room of the Mission Inn 
Motel, as part of a wireless telecommunications network operated by Verizon Wireless in a NC-2 (Small-Scale 
Neighborhood Commercial District), and a 40-X-Height and Bulk District, on property located at 5630-38 
Mission Street, between Naglee and Whipple Avenues; Lot 012, in Assessor's Block 7098. 

(Appeal filed September 25, 2003; categorically exempt from the environmental review process pursuant to 
Class 1 exemptions of Title 14 of the California Administrative Code; companion measure to Files 03 1637, 
031638, 03 1639; District 11.) 

Supervisor Sandoval, seconded by Supervisor Hall, moved that this Hearing be TABLED. The motion carried by the 
following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Newsom 

From the Clerk 



City and County of San Francisco INS Printed at II :2S .AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 



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

031637 [Appeal, Conditional Use, 5630-38 Mission Street] 

Motion approving decision of the Planning Commission by its Motion No. 16639 approving Conditional Use 
Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings pursuant to 
Planning Code Section 1 01. 1. (Clerk of the Board) 

Supervisor Sandoval, seconded by Supervisor Hall, moved that this Motion be TABLED. The motion carried by the 
following vote: 

Ayes: 10 - Ammlano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent; 1 - Newsom 

031638 [Appeal, Conditional Use, 5630-38 Mission Street] 

Motion disapproving decision of the Planning Commission by its Motion No. 16639 approving Conditional 
Use Application No. 2003.0376C, on property located at 5630-38 Mission Street, and adopting findings 
pursuant to Planning Code Section 101 . 1 . (Clerk of the Board) 

Supervisor Sandoval, seconded by Supervisor Hall, moved that this Motion be TABLED. The motion carried by the 
following vote: 

Ayes; 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent; 1 - Newsom 

031639 ]Findings - 5630-38 Mission Street] 

Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application 
No. 2003.0376C, on property located at 5630-38 Mission Street, for action by the Board at its ne.xt meeting. 
(Clerk of the Board) 

Supervisor Sandoval, seconded by Supervisor Hall, moved that this Motion be TABLED. The motion carried by the 
following vote: 

Ayes; 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent; 1 - Newsom 



Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, 
the conditional use application decision described above, you may be limited to raising only those issues you 
or someone else raised at the public hearing described in this notice, or in written correspondence delivered 
to the Board of Supervisors at, or prior to, the public hearing. 



City and County of San Francisco 1146 Printed at 11:23 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 



COMMITTEE REPORTS 



Recoiiimendation of the City Services Committee 

031711 ISupporting European Union Efforts to Regulate Hazardous Chemicalsl 
Supervisors McGoldrick, Ma 

Resolution supporting efforts in tiie European Union to institute an effective new policy for regulating 
hazardous chemicals. 

Amendment oj the whole hearing same title. 

Supervisor Peskin, seconded by Supervisor McGoldrick, moved that this Resolution be AMENDED. The motion 

carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Resolution No. 715-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Hall 



PUBLIC COMMENT 



Abdullah Megaheed; various comments regarding the homeless 

Richard Robinson: concerns regarding shelter issues 

Fredrick Hobson; concerns regarding human needs 

Jack Dodson; housing issues 

Dave: quality of life issues 

Vernon Jenkins: general comments regarding past politicians 

Natalie Naylor, Local 3: support item #35, shelter workers 

JeffKiefer: support shelter workers 

Darryl Cornelius: residential facility for homeless workers need increase in salary 

Connie Ford, Local 3: support for item #35 

Stephanie Champion, Youth Commission: mock election at schools in City 



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 majorit)' of the 
members of the Board. 



Cily and County of San Francisco 1147 Printed at 1 1:23 AM on 11/19/2003 



Board of .Supervisors Meeting Minutes Tuesday, October 28, 2003 

031749 I Legislative Anulyst Request - Practices and policies for processing invoices and payments on City 
contracts! 

Supervisors Ma, Maxwell 

Motion requesting the Office of the Legislative Analyst (OLA) to compare and contrast San Francisco's current 
practices and policies for processing invoices and payments on City contracts to model municipalities (cities 
and/or counties), the State of California, and the San Francisco International Airport. In addition, the OLA 
should review and consider the feasibility of implementing a successful system in San Francisco. 

APPROVED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldhck, Newsom, Sandoval 
Absent: 1 - Peskin 

031750 [Legislative Analyst Request - Cable Franchises] 
Supervisor Sandoval 

Motion requesting the Legislative Analyst to survey other major cities such as Berkeley and Santa Cruz to find 
out whether they have used outside contractors or consultants to negotiate cable franchises. Also requesting the 
Legislative Analyst to consult with the Department of Telecommunication and Information Services, Zane 
Blaney of AccessSF, and Office of Supervisor Sandoval for the report and to deliver this report by November 
14,2003. 

APPROVED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031751 [Legislative Analyst Request - Homebuyer assistance] 
Supervisors Sandoval, Daly, Hall 

Motion requesting the Legislative Analyst to survey other jurisdictions regarding down payment assistance 
programs for first time homebuyers and to consult with the City Attorney's Office and the Mayor's Office of 
Housing regarding the feasibility and effectiveness of a down payment assistance program. Also requesting the 
Legislative Analyst to evaluate current homebuyer assistance programs and deliver report by November 14, 
2003. 

Supervisors Daly and Hall requested to be added as cosponsors. 
APPROVED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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 Supen'isor may require any resolution to go to committee. 

031752 [Congratulating the Judah L. Magnes Museum] 
Supervisor Sandoval 

Resolution congratulating the Judah L. Magnes Museum on their 40th Anniversary. 

Resolution No. 719-03 
ADOPTED 



Cit)- and County of San Francisco 1148 Printed at 1 1:23 .-{At on 11/19/200} 



Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 



031753 [Authorize the City and County of San Francisco's application to host the United Nations' World 
Environment Day 20051 

Supervisor Dufty 

Resolution authorizing San Francisco to apply to host United Nations' World Environment Day celebrations in 
2005 and, if selected, designating SF Environment to work with other City departments to coordinate a host 
committee that will ensure the programmatic, financial, and educational success of the event. 

Resolution No. 720-03 

ADOPTED 

031754 [Zoning - Extension of Planning Commission Review Periodj 
Supervisor Gonzalez 

Resolution extending the prescribed time within which the Planning Commission may render its decision on a 
proposed ordinance to amend the Planning Code to require that all retail uses in C-2, C-M, M- 1 , M-2, RSD, 
SLR, SLI, SSO, and SPD zoning districts which are 50,000 square feet or larger may only be pennitted as 
conditional uses. 

Resolution No. 721-03 
ADOPTED 

031755 [Humanities West Day] 
Supervisor Ma 

Resolution declaring November 21, 2003 to be "Humanities West Day" in the City and County of San 
Francisco. 

Resolution No. 722-03 
ADOPTED 

031756 [Robert Louis Stevenson Elementary School Day| 
Supervisor Ma 

Resolution declaring November 13, 2003 to be "Robert Louis Stevenson Elementary School Day" in the City 
and County of San Francisco. 

Resolution No. 723-03 

ADOPTED 

031757 [Exemption from Requirement that Ambulances Carry Spare Tire and Jack] 
Supervisor Ma 

Resolution authorizing the San Francisco Fire Department to be exempt from California Code of Regulations 
Title 13, Division 2, Chapter 5, Article 1, Section 1 103(e) and (0, requiring ambulances to carry spare tire and 
jack. 

Resolution No. 724-03 
ADOPTED 



City and County of San Francisco IN9 Printed at 1 1:24 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 28, 2003 



031758 ICommending Kathleen Vasquez] 
Supervisor Maxwell 

Resolution commending Kathleen Vasquez for winning the Milken National Educator's Award. 

Resolution No. 725-03 
ADOPTED 

031759 (Urging U.S. Senators Dianne Feinstein and Barbara Boxer to fully fund Section 8| 
Supervisors Ammiano, Daly 

Resolution urging U.S. Senators Dianne Feinstein and Barbara Boxer to fiiliy fund the Section 8 voucher 
program, so that all current recipients may preserve their housing and those on the waiting list may receive new 
vouchers in the coming fiscal year. 

Supervisor Daly requested to be added as a cosponsor. 

Resolution No. 726-03 

ADOPTED 

031760 [Shelter Workers] 
Supervisors Ammiano, Daly 

Resolution urging the Mayor's Budget Office, in consultation with the Controller, the Director of Public 
Health, the Director of Human Services and the Mayor's Office of Homelessness, to identify cost-savings 
necessary to develop funding for employee compensation negotiations between City-fiinded non-profit 
agencies and employee bargaining units representing shelter workers. 

Supervisor Daly requested to be added as a cosponsor. 

Resolution No. 727-03 

ADOPTED 

031732 [Final Map for a 6 Unit Residential Condominium Project) 

Motion approving Final Map of 850 Corbett Avenue, a Residential Condominium Project, being a subdivision 
of Lot 7, Assessor's Block No. 2779, and adopting findings pursuant to Planning Code Section 101.1. (Public 
Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,451; District 8.) 

Motion No. M03-190 

APPROVED 



The foregoing items were acted upon by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



City and County of San Francisco 1 1 50 Printed al 1 1:24 AM on 11/19/2003 



Board ofSiipen-isors Meeting Minutes Tuesday, October 28, 2003 



OFF-AGENDA LEGISLATION 



Introduced by Supenisors or Mayor 



Ordinances 

031791 (Special Use District to eliminate certain zoning requirements for residential uses in the Downtown 
consistent with a proposed ordinance to facilitate housing in the Downtown] 

Supervisors Peskin, Daly 

Ordinance amending the San Francisco Planning Code by adding Section 249.25 to create the Downtown 
Housing Demonstration Special Use District encompassing the property zoned Downtown Office District (C-3- 
O) at the comer of Market Street, Kearny Street and Geary Avenue (690 Market Street, Assessor's Block 03 1 1, 
Lot 006). The proposed Special Use District would eliminate floor area restrictions and maximum dwelling 
unit densities and would allow exceptions to the open space requirement and dwelling unit exposure 
requirements for new residential uses be granted through the process outlined in Planning Code Section 309. 
The proposed Special Use District would also increase the maximum height and bulk allowed in the district to 
285-S, would require that residential projects be subject to the Inclusionary Housing Requirements found in 
Section 315(a)(2). 
10/28/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 1 1/27/2003. 

031792 [Residential rent ordinance: limit permissible rent increases under a landlord's Operating and 
Maintenance petitions to a total of 7% for any unit in any five-year period) 

Supervisors Peskin, Daly 

Ordinance amending the Residential Rent Stabilization and Arbitration Ordinance (Administrative Code 
Chapter 37) by amending Section 37.8(b)(1) to limit pennissible rent increases based upon a landlord's 
Operating and Maintenance petitions, so that the same landlord may not be granted more than a total seven 
percent (7%) rent increase for any unit in any five (5) year period due to increases in operating and 
maintenance costs. 
10/28/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 1 1/27/2003. 

031793 [Financial Privacy) 
Supervisor Peskin 

Ordinance amending Section 2000 of Article 20 of the Business and Tax Regulation Code, the "San Francisco 
Financial Information Privacy Ordinance," to postpone the date upon which Article 20 is set to become 
operative from January 1, 2004 to July 1, 2004. 
10/28/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

Resolutions 



City and County- of San Francisco llSl Printed at 11:24 AM on 11/19/2003 



Boiird of Supervisors Meeting Minutes Tuesday, October 28. 2003 

031319 lApproving ground lease to Music Concourse Community Partnership in connection with the 

construction and operation of an underground parking facility and amending the designation of the 
jurisdiction of the Golden Gate Park Concourse Authority) 
Supervisors Peskin, Dufty, Sandoval 

Resolution approving and authorizing the execution and delivery of a ground lease between the City and Music 
Concourse Community Partnership relating to the Golden Gate Park Music Concourse underground parking 
facility project; amending the designation of the jurisdiction of the Golden Gate Park Concourse Authority; and 
requiring Music Concourse Community Partnership to provide or cause the provision of a guarantee of the 
remaining uncollected pledges. 

(Fiscal impact.) 

7/29/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

10/28/03, SUBSTITUTED. Supervisor Peskin submitted a substitute resolution bearing new title. 

10/28/03, ASSIGNED to Finance and Audits Committee. 

031802 [Commending S.F. Youth Commission and the Youth Vote Coalition] 
Supervisors Newsom, Dufty, Daly, Ma 

Resolution commending the San Francisco Youth Commission and the Youth Vote Coalition for successfully 
creating a forum via the 2003 Youth VOTE for students to voice their concerns and to educate their peers 
about current issues with a particular focus on those concerning the City's children and youth. 
10/28/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031803 12003 Native American Indian Heritage Month] 
Supervisors Newsom, Dufty 

Resolution declaring the month of November as "Native American Indian Heritage Month" in the City and 
County of San Francisco. 

10/28/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031804 ]Earned Income Tax Credit Program Pre-Certification Requirements] 
Supervisors Newsom, Dufty, Hall 

Resolution urging our federal representatives to ensure that eligibility requirements and application procedures 
for the federal Earned Income Tax Credit remain as streamlined as possible, and supporting efforts to study the 
feasibility of implementing a local credit for low- and moderate-income working families. 
10/28/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031805 (Supporting House Joint Resolution 45| 
Supervisors Newsom, Ma, Peskin, Dufty 

Resolution supporting House Joint Resolution 45, introduced by Congressman Mike Honda, which 
posthumously proclaims soldiers of Asian descent who fought in the Civil War to be honorary citizens of the 
United States. 

10/28/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



City ami County of San Francisco 1152 Printed at 11:25 AM on 11/19/2003 



Hoiiril of Supervisors Meeting Minutes Tuesday, October 28, 2003 



031806 [Extension of Planning Commission Review Period) 
Supervisor Peskin 

Resolution extending the prescribed time within which the Planning Commission may render its decision on a 
proposed ordinance to amend the San Francisco Planning Code by repealing Section 207.2 [Second Units] in 
its entirety, adding a new Section 207.2, and amending Section 209.1 to authorize one additional secondary 
unit limited to 750 square feet of gross floor area within an existing structure on a lot within 1250 feet of a 
Primary Transit Street or Transit center and also within 1250 feet of a Neighborhood Commercial or 
Commercial zoning district, on a lot containing a qualified historical building or where the unit is specifically 
designed and constructed for the elderly or persons with physical disabilities, to prohibit the owner from 
legalizing an illegal unit pursuant to the provisions of this ordinance, and providing that the secondary unit 
shall not be subject to the Rent Ordinance but requiring that a secondary unit in a multi-family building shall be 
subject to affordability requirements; by amending Sections 135(d), Table 151 of Section 151 and 307(g) to 
establish the amount of open space and parking required for these secondary units; by amending the San 
Francisco Traffic Code by adding Section 308.5.1 to prohibit issuance of a residential parking permit to the 
occupant of a secondary unit; by adding new Section 106.4.1.3 to the San Francisco Building Code to require 
site inspection prior to issuance of a building pemiit for the secondary unit to verify that no unpemiitted unit 
exists on the property and prohibiting the issuance of a building pemiit or certification of occupancy for the 
second unit if an unpermitted unit has operated on the property within the previous ten years, unless that unit 
was legally demolished prior to January 1, 2003; and by amending Section 37.9 of the San Francisco 
Administrative Code to require relocation assistance for persons required to vacate illegal units; and adopting 
findings. 

10/28/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETFNG. 

Requests for Hearing 

031794 [City Contracting Task Force] 
Supervisor Maxwell 

Hearing to review the recommendations of the City Contracting Task Force. 
10/28/03, RECEIVED AND ASSIGNED to City Services Committee. 

031795 [Ethics Commission] 
Supervisor Peskin 

Hearing on the Ethics Commission to determine the extent of influence, if any, of the regulated industry over 
the Commission management and to study ways in which the conduct of the Ethics Commission may be 
subjected to ongoing public scrutiny and peer review. 
10/28/03, RECEIVED AND ASSIGNED to Rules Committee. 

031796 (Management audit of San Francisco International Airport's Airfield Development Bureau] 
Supervisor Peskin 

Hearing regarding findings and recommendations included in the Budget Analyst management audit of San 

Francisco International Airport's Airfield Development Bureau. 

10/28/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



City and County of San Francisco 1153 Printed at 11:25 AM on I I/I 9/2003 



Board oj Siipen-isors Meeting Minutes Tuesday. Octolier 28. 2003 



031797 [Recreation and Park Department] 
Supervisor McGoldrick 

Hearing on plans by the Recreation and Park Department to enter into partnerships with nonprofits to run 
programs in the City's Recreation Centers. This hearing will explore the Department's vision on how such 
partnerships would operate and be structured. 
10/28/03, RECEIVED AND ASSIGNED to City Services Committee. 

031798 [Fire Station 33| 
Supervisor Sandoval 

Hearing on the Fire Department's provision of emergency medical and fire suppression services to the Fire 
Station 33 district for the duration of the closure of Fire Station 33 for seismic retrofitting. 
10/28/03, RECEIVED AND ASSIGNED to City Services Committee. 

Charter Amendment 

031405 [Charter Amendment - Establishing a Public Education Fund[ 
Supervisors Ammlano, Dufty, Daly, Ma, Sandoval 

Charter amendment (Fourth Draft) to add Sections 16.123-1 through 16.123-10, to establish a Public Education 
Enrichment Fund. 

(Fiscal impact.) 

8/12/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/1 1/2003. 

9/30/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing new title. 

9/30/03, ASSIGNED to Rules Committee. Referred to the Youth Commission on October 7, 2003. 

10/7/03, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter amendment bearing same title. 

10/7/03, ASSIGNED to Rules Committee. 

10/28/03, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 

10/28/03, CONTINUED. Continued to November 4, 2003 with the Board Sitting as a Committee of the Whole. 

Motions 

031800 [Legislative Assistants] 
Supervisor Daly 

Motion directing the Clerk of the Board of Supervisors to authorize filling vacancies in Board of Supervisors 

Legislative Offices immediately when a legislative assistant exercises her/his family leave rights and when 

legislative assistants depart with accrued vacation balances and directing the Clerk of the Board to introduce 

such appropriation measures as may be required to cover the costs of such temporary and/or permanent 

replacements. 

10/28/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 



Cil}' and County of San Francisco 1154 Printed at 11:25 AM on 11/19/2003 



Board of Supervisors Meeting Minutes Tuesday, October 2K, 2003 



031801 IDirecting Budget Analyst to Undertake Analysis of Information related to Proposition N and/or "Real 
Housing, Real Care" Implementation Plans] 
Supervisor Daly 

Motion directing the Office of Budget Analyst of the Board of Supervisors to analyze information submitted by 
the Director of Human Services and/or the Mayor's Office related to plans for implementation of Proposition N 
and/or "Real Housing, Real Care." 

10/28/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



PROPOSED ORDINANCE 

031694 ITraffic Code- Amending Section 32.1.1 to update location of Main Public Library] 

Ordinance amending Section 32.1.1 of the San Francisco Traffic Code to update the location of parking 
restrictions on the blocks adjacent to the San Francisco Main Library. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

10/1/03, RECEIVED AND ASSIGNED to Land Use Committee. 

10/15/03, SUBSTITUTED. City Attorney submitted a substitute ordinance bearing new title. 

10/15/03, ASSIGNED to Land Use Committee. 



PROPOSED RESOLUTIONS 



031721 [Research on club-drug networks among high-risk men] 
Supervisor Dufty 

Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPHAIDS) to accept 
retroactively and expend a supplemental grant award in the amount of $37,01 1 from the National Institute on 
Drug Abuse (NIDA) for research on club-drug networks among high-risk men and to enter into an agreement 
for the use of these funds; for the period of March 1, 2003 to February 29, 2004. (Public Health Department) 

(No Public Benefit Recipient.) 

10/17/03, RECEIVED AND ASSIGNED to City Services Committee. 

031730 [Public Hearing] 

Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public 
Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 
707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fiind. (Clerk of the 
Board) 

10/20/03, SCHEDULED FOR PUBLIC HEARFNG. Scheduled for November 25, 2003, at 4:00 p.m. 



City and Count}' of San Francisco 1155 Printed at 11:26 AM on 11/19/2003 



Board {>/Sii[>ervi\orx \feeling Minutes Tuesday, October 2S, 2003 



031731 [Report of Assessment costs for sidewalk and curb repairs - DPW Order No. 174,392] 

Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and 
curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works 
Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,392; Location: 690 Folsom Street.) 

9/24/03, SCHEDULED FOR PUBLIC HEARING. Scheduled for November 25, 2003, at 4:00 p.m. 

031726 lAinendment to Paratransit Broker Contract] 

Resolution approving Contract Amendment No. 3 to Paratransit Broker Agreement with ATC/Vancom, Inc., 
the City's Paratransit Broker, to increase the total amount of the Agreement to a sum not to exceed 
$92,64 1 ,933, in order to meet the increased demand and costs for paratransit service during the contract period. 
(Municipal Transportation Agency) 

(Fiscal impact; Public Benefit Recipient.) 

10/17/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031727 [Street Encroachment at 151 24th Avenue] 

Resolution granting revocable permission to Edgar N. Bogas and Desiree Goyette-Bogas to occupy a portion of 
the public right-of-way to construct, install and maintain a portion of a new two car garage, including new 
concrete retaining walls, concrete stairs, concrete terrace, grading and landscaping, within the existing 
landscaped portion of the 24th Avenue public right-of-way, to access and provide off-street parking for the 
property at 151 24th Avenue (Block 1334, Lot 004) and making findings of consistency with the priority 
policies of Planning Code Section 101.1. (Public Works Department) 

(No Public Benefit Recipient.) 

10/17/03, RECEIVED AND ASSIGNED to Land Use Committee. 

031 729 [Street Artist Winter Holiday Spaces] 

Resolution designating temporary selling spaces in the Dovratown area and at Harvey Milk Plaza for street 
artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 
2003, beginning on November 15, 2003 and ending on January 15, 2004. (Arts Commission) 

(No Public Benefit Recipient.) 

10/16/03, RECEIVED AND ASSIGNED to Land Use Committee. 



Cil}' and County of San Francisco 11S6 Printed at 11:26 AM on 11/19/2(103 



Board of Supervisors Meetint; Minutes Tuesday, Octolier 2S, 2(103 



Requests Granted 

From: Supervisor Newsom 

To: Cit}' Ailorney 

Requesting/Inquiring: To confirm that, as in Denver, Colorado, San Francisco can enact a local Earned 

Income Tax Credit absent a local income lax, and that San Francisco can use local revenue to provide once-a- 

year. lump sum payments to city residents meeting income, residency and family structure requirements. 

From: Supervisor Daly 
To: City Attorney 

■ I. Require that the Mayor inform the Board of Supervisors prior to lea\'ing the state about the length of the 
trip, location and purpose. 

■ 2. Require the Mayor designate the Acting Mayor in writing and provide this information to the Clerk of the 
Board of Supervisors, who shall promptly publish it on the Internet and inform all the City's emergency 
responders. 

■ 3. Require all members of the Board of Supervisors who could serve as Acting Mayor to receive appropriate 
and adequate disaster preparedness training. 

■ 4. Require the Acting Mayor to provide a written report of any actions taken to the Mayor upon his or her 
return. 

■ 5. Provide that any appointments made by an Acting Mayor be scheduled for public hearing before the 
Board of Supen'isors for consideration. 

From: Supervisor Hall 

To: Director, Department of Parking and Traffic 

Requesting/ Inquiring: To study the feasibility of instituting 2 hour parking along the Judah Street corridor 

between 1 0th Avenue and 19th Avenue, as well as any other suggested parking suggestions that will benefit 

residents rather than commuters riding the N Judah. Please report back by December 10, 2003 on your 

findings. 

From: Supervisor Hall 

To: Director, Office of Emergency Services 

Requesting/Inquiring: To analyze the Secondary Unit Legislation (File 021 598) and determine what potential 

effect the legislation will have on your Department's ability to protect the City's public health, safety and 

welfare. 

From: Supervisor Hall 

To: Director, Fire Department 

Requesting/Inquiring: To analyze the Secondary Unit Legislation (File 021598) and determine what potential 

effect the legislation will hax'e on your Department's ability to protect the City's public health, safety and 

welfare. 

From: Supervisor Hall 

To: Director, Department of Parking and Traffic 

Requesting/Inquiring: To analyze the Secondary Unit Legislation (File 021598) and determine what potential 

effect the legislation will have on the City's overall traffic flow, as well as the traffic fow in individual 

neighborhoods. 

From: Supervisor Hall 

To: Chief, Police Department 

Requesting/Inquiring: To analyze the Secondary Unit Legislation (File 021598) and determine what potential 

effect the legislation will hax'e on your Department's abilit}' to protect the City's public health, safety and 

welfare. 



City and County of San Francisco 1157 Printed at 11:26 .4At on 11/19/2003 



Hoard oj Siipen'isors Meeting Minutes Tuesday, October 2H, 20(tJ 



From: Supervisor Hall 

To: General Manager, Public Utilities Commission 

Requesting/Inquiring: To analyze the Secondary Unit Legislation (File 021 598) and determine what potential 

effect the legislation will have on the City's water and sewer services, both on an overall basis, as well as on a 

neighborhood basis. 

In Mcmoriam 



Roger Montgomery (Supervisor Sandoval) 



Cit)' and County of San Francisco IISS Printed at 1 1:26 AAf on 11/19/2003 



Board ofSiipen-isors 



Meetinfi Minutes 



TiiL'Siluv. October 2H. 2(lf).i 



ADJOURNMENT 



There being no furlher business, the Board at llie hour of -1:09 p.m. adjourned. 
Gloria L. Young, Clerk oj the Board 



N.B. The Minutes of this meeting set forth all actions taken by the Board ofSupen'isors on the mailers slated, 
hut not necessarily the chronological sequence in which the matters were taken up. 

Approved by the Board of Supervisors on November 25, 2003. 

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. 



Gloria L. Young 
Clerk of the Board 



On' and County of San Francisco 



1159 



Printed at 11:26. AM on 11/19/2003 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 



MEETING MINUTES 



Tuesday, November 4, 2003 2:00 PM 
Legislative Chamber - Second Floor 
City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 

Regular Meeting 



DOCUMENTS DEPT. 
JAN 2 2 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



MA TT GONZALEZ, PRESIDENT 

TOMAMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GA VIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 

Agendas of the Board of Supervisors are available on the internet at www.ci.sfca.us/bdsupvsrs 

BOARD COMMITTEES 



Committee Membership 

Budget Committee 

Supervisors Daly, Peskin, Maxwell, Ma, Gonzalez 

Cit)' and School District Select Committee 

Supervisors Maxwell, Ammiano, Ma, Commissioners Cruz, Sanchez, Kelly 

Citj- Services Committee 

Supervisors Dufty . Ma, Newsom 

Finance and Audits Committee 

Supervisors Peskin, Sandoval, McGoldrick 

Land Use Committee 

Supervisors McGoldrick, Maxwell, Ammiano 

Rules Committee 

Supervisors Hall. Dufty, Gonzalez 



Meeting Davs 

Thursdav 
1:00 PM 



2nd Monday, bi-monthly 

4:00 PM 



Thursday 
9:30 AM 



Wednesda^ 
12.30 PM 

Monday 
1 :00 PM 

Wednesday 
9:30 AM 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee 

Volume 98 Number 37 



Board of Supervisors Meeting Minutes Tuesday, November 4, 200.1 

Members Present: Tom Ammiano, Chris Daly, Sevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 

. Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo 

) Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting was called lo order at 2:06 p.m. On the call of the roll, the following 
Supervisor Ammiano was noted absent. 

Quorum present. 

Supervisor Ammiano was noted present at 2:08 p.m. 

APPROVAL OF MEETING MINUTES 



Supervisor Peskin, seconded by Supervisor Daly, moved to approve October 7, 2003 Meeting Minutes. The motion 
carried by tlie following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, New/som, Peskin, Sandoval 
Absent; 1 - Ammiano 



COMMUNICATIONS 



Gloria L. Young, Clerk of the Board informed the Board members that the Clerk's Office was in receipt of 
correspondence from the Honorable Mayor Willie L. Brown, Jr., withdrawing his appointments to the Public 
Utilities Commission. 



CONSENT AGENDA 



Recommendations of the Cit\' Services Committee 



City and County of San Francisco 1161 Printed at I0:47 AM on 12/3/2003 



Board of Supervisors Meeting Minutes Tuesday, iSovember 4, 2003 

031507 lAccept-Expend Grant) 
Mayor, Super>'isor Dufty 

Resolution authorizing the Director of Emergency Services to accept and expend a grant in the amount of 
$771,317 fi-om the California Governor's Office of Emergency Services for emergency equipment, exercises, 
and planning. 

Resolution No. 729-03 
ADOPTED 

031660 [Accept-Expend State Grant] 
Supervisor Dufty 

Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend grant 
funds made available through the Office of Traffic Safety for a project entitled California Seat Belt Compliance 
Campaign (CSBCC). (Mayor) 

(No Public Benefit Recipient.) 

Resolution No. 731-03 
ADOPTED 

031712 lAccept - Expend Federal Grant] 
Mayor, Supervisor Dufty 

Resolution authorizing the Mayor of the City and County of San Francisco to accept retroactively and expend a 
grant in the amount of $1,173,258 from the U.S. Department of Justice, Bureau of Justice Assistance to reduce 
crime and increase public safety, under the FY 2003 Local Law Enforcement Block Grants Program. (Mayor) 

Resolution No. 732-03 
ADOPTED 

Recommendation of the Rules Committee 

031642 [Settlement of Lawsuit - Marie Lavin] 

Ordinance authorizing settlement of the lawsuit filed by Marie Lavin against the City and Count>' of San 
Francisco for $200,000; the lawsuit was filed on December 5, 2001, in the San Francisco Superior Court, Case 
No. 402019, entitled Marie Lavin v. City and County of San Francisco, Adult Probation Department. (City 
Attorney) 

(Public Benefit Recipient.) 

Ordinance No. 259-03 

FINALLY PASSED 



The foregoing items were acted upon by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent; 1 - Ammiano 

REGULAR AGENDA 



Cil) and Count) o/San Francisco 1162 Printed at 10:47 AM on IJ/3/20US 



Board of Supervisors Meeting Minutes Tuesday, November 4, 2003 



^ 



UNFINISHED BUSINESS 



From the Rules Committee With Recommendation "Do Submit" 

031778 ICharter Amendment - Supplemental Compensation for Employees on Military Leave] 
Supervisors Newsom, Hall 

Charter amendment (First Draft) to amend Section A8.400 (h) to allow for employees called to active duty to 
receive supplemental compensation for a period to be specified by ordinance. 

ORDERED SUBMITTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Ammlano 



NEW BUSINESS 



Recommendation of the City Services Committee 

031381 (Liquor License Transfer, 688 Geary Street] 

Resolution determining that the transfer of a Type 48 on-sale general public premises license from 2800 
I Leavenworth Street to 688 Geary Street (District 6), to Greg Lindgren and Jon Gasparini for "Club Eclipse", 

will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 
23958.4 of the California Business and Professions Code, with conditions. 

Resolution No. 728-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Absent: 1 - Ammiano 

Recommendations of the Land Use Committee 

Supervisor Ammiano noted present at 2:08 p.m. 
022031 [Zoning Map Amendment] 
Supervisor Maxwell 

Ordinance amending Section Maps 8 and 8SU of the Zoning Map of the City and County of San Francisco for 
the property described as Assessor's Block 3978, Lot 1, bounded by Rhode Island Street, 17th Street, Kansas 
Street and Mariposa Street, from M-1 (Light Industrial) to NC-3 (Moderate-Scale Neighborhood Commercial 
District) and the 1 7th and Rhode Island Street Grocery Store Special Use Subdistrict; adopting findings. 

(9/16/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing new title; companion measure 
to File 022032.) 

PASSED ON FIRST READING by the following vote: 

V Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

City and Count)' o/San Francisco J 163 Printed at 10:48 AM on 12/3/2003 



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Meeting Minutes 



Tuesday, November 4, 2003 



022032 1 17th and Rhode Island Street Grocery Store Special Use Subdistrict] 
Supervisor Maxwell 

Ordinance amending the San Francisco Planning Code by adding Section 78 1 . 1 to create the 1 7th and Rhode 
Island Street Grocery Store Special Use Subdistrict, applicable to the newly rezoned NC-3 block (previously 
M-1) bounded by 17th Street, Rhode Island Street, Mariposa Street and Kansas Street (Assessor's Block 3978, 
Lot 1), to permit a neighborhood grocerj' store at 17th and Rhode Island and amending the Section 712 Zoning 
Control Table; adopting findings. 

(9/16/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing new title.) 
(10/7/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing same title.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Newsom, Peskin, Sandoval 

031600 ICommercial Vehicle Parking in Certain Use Districts] 

Ordinance amending Traffic Code by amending Sections 63 and 63 (a) thereof, relating to commercial vehicle 
parking in certain use districts. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Newsom, Peskin, Sandoval 

031695 [Changing Official Width of Sidewalk] 

Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto 
Section 1561 to change the official sidewalk width on the south side of Market Street west of Third Street; 
making findings pursuant to the General Plan; and requiring relocation, modification, or both of facilities 
affected by the sidewalk width changes. (Public Works Department) 

(No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Newsom, Peskin, Sandoval 



031549 [Mixed-use development of affordable housing and a City office building at lOth and Market Streets] 
Supervisors Daly, Dufty 

Resolution endorsing a term sheet describing the key terms and conditions of a mixed-use development project 
at 10th and Market Streets including affordable and market rate housing and a new Cit>' office building, and 
urging City staff to proceed with the preparation of agreements effectuating such a project. 



Resolution No. 730-03 
ADOPTED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall 



Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



From the Rules Committee With Recommendation "Do Submit" 



City anil Count)' of San Francisco 



1164 



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Board of Supervisors Meeting Minutes Tuesday, November 4, 2003 

030857 [Charter Amendment - Retirement Benefits for District Attorneys, Public Defenders and Public 

Defender Investigators] 
) Supervisors Gonzalez, Sandoval, Hall 

Charter amendment (Fourth Draft) to add Section A8.506.5 thereto, to authorize the board of supervisors to 
contract with the board of administration of the Public Employees' Retirement System to provide increased 
retirement benefits for district attorneys, public defenders and public defender investigators. 

7/8/03 Amendment of the whole bearing same title. 

Supervisor Sandoval, seconded by Supervisor Daly, moved that this Charter Amendment be AMENDED, AN 
AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Charter amendment (Fifth Draft) to add Section A8.506.5 thereto, to authorize the board of supervisors to 
contract with the board of administration of the Public Employees' Retirement System to provide increased 
retirement benefits for district attorneys, public defenders and public defender investigators. 

Continued to November 18, 2003 with the Board Sitting as a Committee of the Whole. 
CONTINUED AS AMENDED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031547 [Charter Amendment - Tax-deferred transfer of accrued vacation, sick leave and other compensation to 
employees] 
Supervisors Sandoval, Daly, Gonzalez 

' Charter amendment (Second Draft) to add Section A8.599 to authorize the City and County to establish plans 

for the tax-deferred treatment of accrued compensation payable to employees. 

Continued to November 18, 2003 
CONTINUED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031562 [Charter Amendment - Retirement System benefits for domestic partners] 
Supervisors Ammiano, Dufty, Daly 

Charter amendment (Third Draft) to add Section 16.125 authorizing the Board of Supervisors to amend or 
repeal provisions of the Domestic Partnership Ordinance to effectuate the voters' intent that domestic partners 
be afforded the same rights and responsibilities as spouses, and by amending Section A8. 500-2 so that 
domestic partners are treated exactly the same as spouses for benefits under the Retirement System. 

Supervisor Peskin, seconded by Supervisor Daly, moved to combine File No. 031547 with File No. 031562. 

Continued to November 18. 2003. 
CONTINUED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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031819 ICharter Amendment - Tax Deferred transfer of accrued vacation, sick leave and other compensation to 
employees; Retirement System benefits for domestic partners] 
Supervisors Sandoval, Ammiano, Dufty 

Charter amendment (First Draft) by: (a) adding Section A8.599 to authorize the City and County of San 
Francisco to establish plans for the tax-deferred treatment of accrued compensation payable to employees, (b) 
adding Section 16. 125, authorizing the Board of Supervisors to amend or repeal provisions of the Domestic 
Partnership Ordinance to effectuate the voters' intent that domestic partners be afforded the same rights and 
responsibilities as spouses, and by (c) amending Section A8. 500-2 so that domestic partners are treated exactly 
the same as spouses for benefits under the Retirement System. 

The charter amendment contents of File 031547 and 031562 were combined into File No. 03 18 J 9. 

New File "Charter amendment (First Draft) by: (a) adding Section A8.599 to authorize the City and County to 
establish plans for the tax-deferred treatment of accrued compensation payable to employees and (b) adding 
Section 16. 125, authorizing the Board of Supervisors to amend or repeal provisions of the Domestic 
Partnership Ordinance to effectuate the voters' intent that domestic partners be afforded the same rights and 
responsibilities as spouses, and by amending Section A8. 500-2 so that domestic partners are treated exactly 
the same as spouses for benefits under the retirement System. " 

Continued to November 18, 2003 with the Board sitting as a Committee of the Whole. 
CONTINUED AS AMENDED by the following vote: 

Ayes: 11 -Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



From the Rules Committee "Without Recommendation" 

031542 (Charter Amendment - Reclassify Deputy Sheriffs as Safety Employees Covered Under Charter Section 
A8.590-1 et seq.| 
Supervisors Ma, Daly, Dufty, Gonzalez 

Charter amendment (Second Draft) to amend Sections A8.409 and AS. 590-1 et seq. to reclassify Deputy 
Sheriffs as safety employees covered under Charter Section AS. 590-1 et seq. 

Continued to November 18, 2003 
CONTINUED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031561 [Charter Amendment - Allowing the City to reduce the minimum police staffing level after conducting a 
study of which positions could be filled by civilian personnel rather than sworn officers.) 
Supervisor Ammiano 

Charter amendment (Second Draft) to amend Section 4.127 and to add Section 16.123, to: provide for a study 
of which positions in the Police Department could be filled by civilian personnel rather than sworn officers; 
allow the City to reduce the minimum police staffing level for each position it converts from sworn to civilian, 
without decreasing the number of police officers dedicated to neighborhood community policing, patrol, and 
investigations; and, provide that no police officer shall be laid off in order to convert a position from sworn to 
civilian. 

Supervisor Ammiano, seconded by Supervisor Daly, moved that this Charter Amendment be AMENDED, AN 
AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma. Maxwell. McGoldrick, Newsom, Peskin, Sandoval 

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Board of Supervisors Meeting Minutes Tuesday, November 4, 2003 



Charter amendment (Third Draft) to amend Section 4.127 and to add Section 16.123, to: provide for a study of 
which positions in the Police Department could be filled by civilian personnel rather than sworn officers; allow 
the City to reduce the minimum police staffing level for each position it converts from sworn to civilian, 
without decreasing the number of police officers dedicated to neighborhood community policing, patrol, and 
investigations and without substantially interfering with the delivery of police services or the ability of the 
Police Department to protect the public in the event of an emergency; and, provide that no police officer shall 
be laid off in order to convert a position from sworn to civilian. 

Continued lo November IS, 2003 with the Board Silting as a Committee of the W^iole. 
CONTINUED AS AMENDED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Newsom, Peskin, Sandoval 



Recess 

The Board recessed at the hour of 3:35 p.m. 

Reconvening of the Board 

The Board at the hour of 4:06 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 
Supervisors Ammiano, Daly, Gonzalez, Maxwell, NeM'som, Peskin - 6 

I Quorum present. 

Supervisors Ma and Dufty were noted present at 4:07 p.m. 
Supervisor Sandoval was noted present at 4:08 p.m. 
Supervisor McGoldrick was noted present at 4:09 p.m. 

SPECIAL ORDER 4:00 P.M. 



Board of Supervisors Sitting as a Committee of the Whole 



From the Rules Committee "Without Recommendation" 



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Meetins Minutes 



Tuesday, iSovemher 4. 200^ 



031405 (Charter Amendment - Establishing a Public Education Fund) 
Supervisors Ammiano, Dufty, Daly, Ma, Sandoval 

Charter amendment (Fourth Draft) to add Sections 16.123-1 through 16.123-10, to establish a Public Education 
Enrichment Fund. 

(Fiscal impact.) 

Speakers: 

Arlene Ackerman, Superintendent. SFUSD: support of Public Education Fund 
Jill IVinns, Commissioner, SF School Board; support of Public Education Fund 
Hydra Mendoza, parent of SFUSD children; support of Public Education Fund 
Emilio Cruz, President of the SF School Board: support of Public Education Fund 
Roger Bailey, parent of SFUSD student; support of Public Education Fund 
Female Speaker; support of Public Education Fund 
Margaret Brodkin, Coleman Advocates 

Alice Mosely, music teacher; support of Public Education Fund 
Winnie Kelly, teacher; support of Public Education Fund 
Moira Kelly. First Five Commission; support of Public Education Fund 
Male parent: support of Public Education Fund 

Peter Longford, Youth Commissioner; support of Public Education Fund 
Stephanie Champion, Youth Commissioner; support of Public Education Fund 
Liam Shine. Youth Commissioner; support of Public Education Fund 
Melinda Felix. CPAC; support of Public Education Fund 

Natalie Breall, Child Care Planning Council; support of Public Education Fund 
Alice Hansen, School's Help program; support of Public Education Fund 
Youth Commissioner: support of Public Education Fund 
Josh, Youth Commissioner; support of Public Education Fund 
Female Speaker; support of Public Education Fund 
Clare Waskey, parent and librarian; support of Public Education Fund 
Kay Holmes, librarian at Galieo High School; support of Public Education Fund 
Dr. Ruben Champion; former educator; support of Public Education Fund 
Rachel, Alumuni of SFUSD; support of Public Education Fund 
Director, Music of Schools Day; support of Public Education Fund 

The President inquired if there was anyone else who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 

Supervisor Gonzalez, second by Supervisor MaxM'ell, moved to divide and create a new item reflecting 
"contribution amounts to the Public Education Fund Fiscal Year 2005-2006 SI 2 million. 2006-2007. $16 
million. 2007-2008 $20 million. 2008-2009 $24 million, 2009-2010 $30 million and deleting the sunset 
clause. " Both items to be continued to November 18. 2003 with the Board Sitting as a Committee of the IVhole. 

Motion failed by the following vole: 

Ayes: 4 - Gonzalez, Maxwell, Peskin, Sandoval 

Noes: 6 -Ammiano, Daly, Dufty. Ma, McGoldrick, Newsom 

Supen'isors Ma and Sandoval requested to be added as co-sponsors. 

ORDERED SUBMITTED by the following vote: 

Ayes: 8 - Ammiano, Daly, Dufty, Ma, Maxwell, McGoldrick, Newsom, Sandoval 
Noes: 2 - Gonzalez, Peskin 
Absent: 1 - Hall 



City and County of San Francisco 



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Board of Supen'isors Medina; Minutes Tuesday. November 4, 2003 



'COMMITTEE REPORTS 



Appointment of President Pro Tempore 

Appointment of President Pro Tempore 

At the request of the President, Supervisor Ma assumed the Chair so the President could participate in the 
debate from the floor concerning the following item. 

The President resumed the Chair shortly thereafter. 
031543 ICharter Amendment-Tolling Board deadlines during recess, reducing votes required when Board 
members are disqualined, limiting hold-over appointments, setting deadlines for police and fire 
negotiations, and re-naming the Commission on Aging.] 
Supervisor Gonzalez 

Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by amending 
Sections 2.103, 2.104, and Article XVII, by adding Section 4.101-1, by amending Section A8, 590-5, and by 
amending Section 4.120, to toll deadlines for action by the Board when the Board is in recess, to reduce the 
number of votes required at the Board of Supervisors for various actions when one or more Board members are 
disqualified from voting on a matter because of a conflict of interest, to limit hold-over appointments to 60 
days, to set deadlines for completing contract negotiations with police and fire employees, and to re-name the 
Commission on Aging as "the Commission on Aging and Adult Services." 

I Supervisor Ma, seconded by Supervisor Maxwell, moved to divide question relating to the Police and Fire 

negotiations 

Motion failed by the following vote: 
Ayes: 5 - Dufty, Ma, Maxwell, McGoldrick, Newsom 
Noes: 6 - Ammiano, Daly, Gonzalez, Hall. Peskin, Sandoval 
CONTINUED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031567 [Charter Amendment- San Francisco Department of Public Health] 
Supervisors Daly, Gonzalez 

Charter Amendment (Second Draft) to repeal Section 4.1 10, regarding the Health Commission, and adding a 
new Article VIIIC, to increase the autonomy and fiscal authority of the Health Commission and change the 
qualifications of Health Commissioners, establish a stable baseline funding level for the Department of Public 
Health, ensure the continued operation of County hospitals, community-based public health clinics, and chronic 
disease and injury prevention and health promotion programs, designate universal healthcare as one of the 
Department's top advocacy priorities, ensure continued planning, coordination and oversight of the San 
Francisco Emergency Medical Services/Trauma System, guarantee culturally competent care through 
community-based primary care clinics, maintain operation of the Mental Health Rehabilitation Facilit)', and 
establish as a goal, pay equit}' for nonprofit and City workers performing similar jobs for the Department of 
Public Health. 

Supervisor Daly, seconded by Supervisor Ammiano. moved an amendment of the whole. (Third Draft) 
Supervisor Daly, seconded by Supervisor Ammiano, moved that this Charter Amendment be AMENDED, AN 
AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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Board of Supervisors Meeting Minutes Tuesday. Xoveniber 4, 200.^ 



Charter Amendment (Third Draft) to repeal Section 4.110, regarding the Health Commission, and adding a new 
Article Vine, to increase the autonomy and fiscal authority of the Health Commission and change the 
qualifications of Health Commissioners, establish a stable baseline funding level for the Department of Public 
Health, ensure the continued operation of County hospitals, community-based public health clinics, and chronic 
disease and injury prevention and health promotion programs, designate universal healthcare as one of the 
Department's top advocacy priorities, ensure continued planning, coordination and oversight of the San 
Francisco Emergency Medical Services/Trauma System, guarantee culturally competent care through 
community-based primary care clinics, maintain operation of the Mental Health Rehabilitation Facility, and 
establish as a goal, pay equity for nonprofit and City workers performing similar jobs for the Department of 
Public Health. 

Continued to November 18, 2003 with the Board Sitting as a Committee of the Whole. 
CONTINUED AS AMENDED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Newsom, Peskin, Sandoval 

031574 [Charter Amendment- Board of Supervisors to respond to all orders or requests for the production of 
City records under designated state and federal laws] 
Supervisors McGoldrick, Peskin, Daly 

Charter amendment (Second Draft) to add Section 16.124 to authorize the Board of Supervisors to respond on 
behalf of the City to all orders or requests for the production of information, records, or other tangible things 
held by the City, the disclosure of which could violate the rights of any individuals under the State or Federal 
Constitutions, where the orders or requests are made under laws previously identified by the Board. 

Continued to November 18, 2003 
CONTINUED by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Peskin, Sandoval 

031690 [Settlement Of Lawsuit] 
Supervisor Gonzalez 

Ordinance authorizing settlement of the lawsuit filed by Restore Hetch Hetchy against the City and County of 
San Francisco for $1,700.00; the lawsuit was filed on July 24, 2003 in San Francisco Superior Court, Case No. 
503-306; entitled Restore Hetch Hetchy v. San Francisco Board of Supervisors et al.; other material terms of 
said settlement are that the City and County of San Francisco and San Francisco Public Utilities Commission 
agree to remain neutral on Petitioner's efforts to seek funding for preparation of a study assessing the feasibility 
of restoring the Hetch Hetchy Valley. The San Francisco Public Utilities Commission reserves the right to 
comment on any restrictions, requirements or regulations that would be imposed on the Department by a 
funding source as a prerequisite to the appropriation of those funds. (City Attorney) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

031697 (Settlement of Lawsuit] 

Ordinance authorizing settlement of the lawsuit filed by Lynn Andrews against the City and County of San 
Francisco for $75,000; the lawsuit was filed on July 18, 2002 in San Francisco Superior Court, Case No. 410- 
430; entitled Lynn Andrews v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



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Board of Supervisors Meeting Minutes Tuesday, November 4, 2003 



^ 



ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdullah Megaheed; homeless issues 

Richard Robertson; general issues 

Vernon Jenkins; general issues 

Regis Rosetta, SF Gay Men's Chorus; 25th Anniversary Concert 

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. 

031802 [Commending S.F. Youth Commission and the Youth Vote Coalition] 
Supervisors Newsom, Dufty, Daly, Ma 

Resolution commending the San Francisco Youth Commission and the Youth Vote Coalition for successfully 
creating a forum via the 2003 Youth VOTE for students to voice their concerns and to educate their peers 
about current issues with a particular focus on those concerning the City's children and youth. 

Supervisors Daly and Ma requested to be added as co-sponsors. 
Resolution No. 733-03 
ADOPTED by the following vote: 

Ayes: ID - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent; 1 - McGoldrick 

031803 [2003 Native American Indian Heritage Month] 
Supervisors Newsom, Dufty 

Resolution declaring the month of November as "Native American Indian Heritage Month" in the City and 
County of San Francisco. 

Resolution No. 734-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent: 1 - McGoldrick 



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031804 [Earned Income Tax Credit Program Pre-Certification Requirements] 
Supervisors Newsom, Dufty, Hall 

Resolution urging our federal representatives to ensure that eligibility requirements and application procedures 
for the federal Earned Income Tax Credit remain as streamlined as possible, and supporting efforts to study the 
feasibility of implementing a local credit for low- and moderate-income working families. 

Supervisor Hall requested to be added as a co-sponsor. 
Resolution No. 735-03 

ADOPTED by the following vote: 

Ayes; 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent: 1 - McGoldrick 

031805 [Supporting House Joint Resolution 45] 
Supervisors Newsom, Ma, Peskin, Dufty 

Resolution supporting House Joint Resolution 45, introduced by Congressman Mike Honda, which 
posthumously proclaims soldiers of Asian descent who fought in the Civil War to be honorary citizens of the 
United States. 

Resolution No. 736-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent: 1 - McGoldrick 

031800 [Legislative Assistants] 
Supervisor Daly 

Motion directing the Clerk of the Board of Supervisors to authorize filling vacancies in Board of Supervisors 
Legislative Offices immediately when a legislative assistant exercises her/his family leave rights and when 
legislative assistants depart with accrued vacation balances and directing the Clerk of the Board to introduce 
such appropriation measures as may be required to cover the costs of such temporary and/or permanent 
replacements. 

Motion No. M03-192 

APPROVED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent: 1 - McGoldrick 

031801 [Directing Budget Analyst to Undertake Analysis of Information related to Proposition N and/or "Real 
Housing, Real Care" Implementation Plans[ 

Supervisor Daly 

Motion directing the Office of Budget Analyst of the Board of Supervisors to analyze information submitted by 
the Director of Human Services and/or the Mayor's Office related to plans for implementation of Proposition N 
and/or "Real Housing, Real Care." 

Motion No. M03-193 

APPROVED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Absent: 1 - McGoldrick 



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1 



3 



Severed From the Without Reference Committee Agenda 

Supervisor Peskin requested that this matter be severed so that it could be considered separately. 
031806 (Extension of Planning Commission Review Period) 
Supervisor Peskin 

Resolution extending the prescribed time within which the Planning Commission may render its decision on a 
proposed ordinance to amend the San Francisco Planning Code by repealing Section 207.2 [Second Units] in 
its entirety, adding a new Section 207.2, and amending Section 209.1 to authorize one additional secondary 
unit limited to 750 square feet of gross floor area within an existing structure on a lot within 1250 feet of a 
Primary' Transit Street or Transit center and also within 1250 feet of a Neighborhood Commercial or 
Commercial zoning district, on a lot containing a qualified historical building or where the unit is specifically 
designed and constructed for the elderly or persons with physical disabilities, to prohibit the owner from 
legalizing an illegal unit pursuant to the provisions of this ordinance, and providing that the secondary unit 
shall not be subject to the Rent Ordinance but requiring that a secondary unit in a multi-family building shall be 
subject to affordability requirements; by amending Sections 135(d), Table 151 of Section 151 and 307(g) to 
establish the amount of open space and parking required for these secondary units; by amending the San 
Francisco Traffic Code by adding Section 308.5.1 to prohibit issuance of a residential parking permit to the 
occupant of a secondary unit; by adding new Secfion 106.4.1.3 to the San Francisco Building Code to require 
site inspection prior to issuance of a building permit for the secondary unit to verify that no unpermitted unit 
exists on the property and prohibiting the issuance of a building permit or certification of occupancy for the 
second unit if an unpermitted unit has operated on the property within the previous ten years, unless that unit 
was legally demolished prior to January 1, 2003; and by amending Section 37.9 of the San Francisco 
Administrative Code to require relocation assistance for persons required to vacate illegal units; and adopting 
findings. 

Supervisor Peskin, seconded by Supervisor Daly, moved that this Resolution be TABLED. The motion carried by the 
following vote: 

Ayes; 10 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Hall 



OFF-AGENDA LEGISLATION 



Introduced by Supervisors or Mayor 



Ordinances 



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021598 IAncillar>' Units] 
Supervisor Peskin 

Ordinance amending tlie San Francisco Planning Code by repealing Section 207.2 [Second Units] in its 

entirety, adding a new Section 207.2, and amending Section 209.1 to authorize one additional ancillary unit 

limited to 750 square feet of gross floor area within an existing structure on a lot within 1250 feet of a Primary 

Transit Street or Transit Center (as shown on the Transit Map in the Transportation Element of the San 

Francisco General Plan) and also within 1250 feet of a Neighborhood Commercial or Commercial zoning 

district, on a lot containing a qualified historical building or where the unit is specifically designed and 

constructed for the elderly or persons with physical disabilities, to provide that this ordinance is not intended to 

supersede prohibitions against ancillary units in private agreements binding homeowners, to prohibit 

subdivision of the main unit and the ancillary unit, to prohibit the owner from legalizing an illegal unit pursuant 

to the provisions of this ordinance, and providing that the ancillary unit shall not be subject to the Rent 

Ordinance but requiring that an ancillary unit in a multi-family building shall be subject to affordability 

requirements; by amending Sections 135(d), Table 151 of Section 151 and 307(g) to establish the amount of 

open space and parking required for these ancillary units; by amending the San Francisco Traffic Code by 

adding Section 308.5.1 to prohibit issuance of a residential parking permit to the occupant of an ancillary unit; 

by adding new Section 106.4.1.3 to the San Francisco Building Code to require site inspection prior to issuance 

of a building permit for the ancillary unit to verify that no unpermitted unit exists on the property and 

prohibiting the issuance of a building permit or certificate of occupancy for the ancillary unit if an unpermitted 

unit has operated on the property within the previous ten years, unless that unit was legally demolished prior to 

January 1, 2003; and by amending Section 37.9 of the San Francisco Administrative Code to provide that an 

ancillary unit constructed within an existing unit exempt from rent control shall continue to be exempt from 

rent control, to require that notice to vacate a unit required to be removed or demolished by a City agency shall 

not be given to the tenant until the landlord receives the City's notice requiring demolition or removal, and to 

require relocation assistance for persons required to vacate illegal units; and adopting findings. 

9/23/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 

10/23/2002. 

1 1/20/02, REFERRED TO DEPARTMENT. Transmitted to Planning Commission for public hearing and 

recommendation. 

2/4/03, TRANSFERRED to Land Use Committee. New committee structure 2/17/03. 

4/15/03, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title. 

4/15/03, ASSIGNED to Land Use Committee. 

4/21/03, REFERRED TO DEPARTMENT. Transmitted to Planning Commission for public hearing and 

recommendation. 

4/23/03. RESPONSE RECEIVED. Certificate of Determination of Exemption/Exclusion fi-om Environmental 

Review dated 4/23/03. 

1 1/4/03, SUBSTITUTED. Supervisor Peskin submitted a substittite ordinance bearing new title. 

1 1/4/03, ASSIGNED to Land Use Committee. 

Resolutions 

031811 IDevelopment and Lease of Piers 27-31 1 
Supervisor Peskin 

Resolution urging the Port Commission not to Extend the Exclusive Right to Negotiate Agreement with the 
Mills Corporation and to Re-issue the Request for Proposals for the Development and Lease of Piers 27-3 1 as a 
Mixed-Use Recreation Project. 
1 1/4/03, RECEIVED AND ASSIGNED to Budget Committee. 



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031812 (Increasing civil filing and appearance fees provided in Business and Professions Code for operation of 
the Law Library] 
Supervisor Dufty 

Resolution increasing civil filing and appearance fees provided in Business and Professions Code Sections 

6321, 6322 and 6322.1 for operation of the Law Library. 

1 1/4/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



031813 (Increased funding for the San Francisco Unified School District] 
Supervisor Gonzalez 

Resolution establishing a commitment to increase funding for the San Francisco Unified School District. 

(Fiscal impact.) 

1 1 /4/03 , RECEIVED AND ASSIGNED to Budget Committee. 



031814 (Purchase of real property located at 438 Page Street, Assessor's Block 841, Lot 29] 
Supervisor Gonzalez 

Resolution approving and authorizing the purchase of certain real property; adopting findings pursuant to the 
California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's 
general plan and eight priority policies of City Planning Code Section 101.1; and authorizing the Director of 
Property to execute documents and take certain actions in furtherance of this resolution. 



D 



(Fiscal impact.) 

1 1/4/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



031815 (Modification and renewal of the Union Square Business Improvement District] 
Supervisor Peskin 

Resolution establishing the modification and renewal of an assessment district known as the Union Square 
Business Improvement District, ordering the levy and collection of assessments against property located in that 
district for fiscal years 2004-2005 through 2008-2009, approving an agreement with the Union Square 
Business Improvement District, Inc. to provide services within the District, repealing Resolution No. 1066-98, 
creating the Union Square Business Improvement District Advisory Board, and making environmental findings. 

(Fiscal impact.) 

1 1/4/03, ASSIGNED to Board of Supervisors. 

1 1/4/03, SCHEDULED FOR PUBLIC HEARING. Scheduled for December 16, 2003, at 4:00 p.m. 

031816 (Port Lease for the Boudin Restaurant and Bakery at Fisherman's Wharf( 
Supervisor Peskin 



J 



Resolution approving the Lease between the San Francisco Port Commission and Boudin Properties, Inc., a 
California corporation, for the Boudin Restaurant and Bakery located at 160 Jefferson Street at Fisherman's 
Wharf for a total maximum term of forty-two years. 

(Public Benefit Recipient.) 

1 1/4/03, RECEIVED AND ASSIGNED to Land Use Committee. 



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031821 [Calling a March 2, 2004 Special Election on Regional Measure 2] 
Supervisor Daly 

Resolution calling for a special election to be conducted in the City and County of San Francisco on the 

question of whether voters shall approve a $1 bridge toll increase on the seven state-owned bridges in the San 

Francisco Bay Area with the funds to be used for a Regional Traffic Relief Plan, as defined in Senate Bill 916 

(Perata). 

1 1/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 

BOARD MEETFNG. 1 1/25/03 - Certified copy of Resolution sent to the Department of Elections. 

031822 [Accept-Expend State Grant] 
Supervisor Maxwell 

Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of Ninety-Five 
Thousand Dollars ($95,000.00) from the State of California, Department of Boating and Waterways, 
Abandoned Watercraft Fund, for the removal, and disposal of abandoned, wrecked or dismantled vessels or 
partially submerged objects within the Port's jurisdiction. 

1 1/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031823 [Supporting Fuel Cell Pilot Project at Airport] 
Supervisors McGoldrick, Newsom 

Resolution urging the Airport Director to initiate with other relevant departments a Fuel Cell Pilot Project at 
San Francisco International Airport (SFIA) in conjunction with the U.S. Department of Transportation 
(USDOT), Federal Aviation Administration (FAA), and the California Public Utilities Commission (CPUC) to 
enhance and improve the reliability and security of critical air traffic and airport operations at SFIA. 
1 1/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031824 [S.S.Jeremiah O'Brien] 
Supervisors Peskin, Sandoval, Hall 

Resolution urging the Port of San Francisco to enter into a 10-year lease with the S.S. Jeremiah O'Brien at its 
current berth on Pier 45. 

1 1/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

Requests For Hearing 

031817 [City's Electricity Resource Plan] 
Supervisor Maxwell 

Hearing to receive an update on the implementation of the City's Electricity Resource Plan. 
1 1/4/03, RECEIVED AND ASSIGNED to City Services Committee. 



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U31818 (Recreation and Park Department's Aquatic Plan) 
Supervisors Maxwell, Ma 

Hearing to address the concerns on the efficiency and effectiveness of Recreation and Parks Department's 

Aquatic Plan. 

1 1/4/03, RECEIVED AND ASSIGNED to City Services Committee. 

Motion 

031820 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

1 1/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 

031825 lAuthorizing preparation of a written Proponent ballot argument and rebuttal argument on the Tax- 
deferred Transfer of Accrued Vacation, Sick Leave and Other Compensation to Employees Charter 
Amendment File No. 031547 on the March 2, 2004 ballot] 
Supervisor Sandoval 

Motion authorizing Supervisor Gerardo C. Sandoval to submit and sign a written Proponent argument and 
rebuttal argument for the Tax-deferred Transfer of Accrued Vacation, Sick Leave and Other Compensation to 
) Employees Charter Amendment File No. 03 1547 for publication in the voter information pamphlet for the 

March 2, 2004 election. 

1 1/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT 
BOARD MEETING. 



PROPOSED ORDINANCES 

031770 [General Plan Amendments] 

Ordinance amending the Rincon Hill Area Plan of the San Francisco General Plan to make the Area Plan 
consistent with a new Residential/Commercial Subdistrict within the Area Plan, to amend objectives related to 
parking, tower separation and open space requirements, to encourage additional height within the district that 
would allow greater residential density, and to amend various maps within the Area Plan to reflect the new 
subdistrict and the new height and bulk controls and new midblock pedestrian passage way configuration, and 
to allow the replacement of parking currently used by Federal agencies that are located on a development site 
within the new subdistrict; adopting findings. (Planning Department) 

(No Public Benefit Recipient.) 

10/22/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/4/2003. 



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031771 [Zoning Map Amendment] 

Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of 
San Francisco to change the use classification, special use district classification and the height and bulk 
designation of the property zoned P (Public) and bounded by Spear Street, Harrison Street, Beale Street and 
Folsom Street (excepting the southern portion of Block 3746), and adopting findings. (Planning Department) 

(No Public Benefit Recipient.) 

10/22/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/4/2003. 

031772 [Establishing a "Residential/Commercial Subdistrict" in the Rincon Hill area] 

Ordinance amending the San Francisco Planning Code by amending Section 249.1(a) to reference 
"Residential/Commercial Subdistrict," add Section 249.1(b)(8) to create the "Residential/Commercial 
Subdistrict" generally encompassing most of the property zoned P (Public) and bounded by Spear Street, 
Harrison Street, Beale Street, and Folsom Street (excepting the southern portion of Block 3746 and Lot 9 of 
Block 3745), and to add Section 249.1(e) to create special use, density, open space, parking, street frontage, 
site coverage, dwelling unit exposure, height, bulk standards, and tower separation standards, for the 
"Residential/Commercial Subdistrict"; adopting fmdings. (Planning Department) 

(No Public Benefit Recipient.) 

10/22/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/4/2003. 

031 790 [Settlement of Lawsuit - Mamei Wei] 

Ordinance authorizing settlement of the lawsuit filed by Mamei Wei against the City and County of San 
Francisco and Ray Contreras for S250,000; the lawsuit was filed on December 20, 2002 in U.S. District Court 
for the Northern District of California, Case No. C02-5887 TEH entitled Mamei Wei v. City and County of San 
Francisco and Ray Contreras. (City Attorney) 

(Public Benefit Recipient.) 

10/27/03, RECEIVED AND ASSIGNED to Rules Committee. 



PROPOSED RESOLUTIONS 

031728 ]Settlement of Claim - Zurich North America] 

Resolution approving the settlement of the unlitigated claim filed by Zurich North America against the City and 
County of San Francisco for $120,000.00; the claim was filed on April 8, 2003; Claim No. 03-03317 

(Public Benefit Recipient.) 

10/27/03, RECEIVED AND ASSIGNED to Rules Committee. 

031769 [Grantof Regional Funds] 

Resolution authorizing the Municipal Transportation Agency to accept and expend $4,663,431 of Assembly 
Bill 664 funds for Municipal Railway Transit Projects, excluding administrative overhead costs. (Municipal 
Transportation Agency) 

(No Public Benefit Recipient.) 

10/22/03, RECEIVED AND ASSIGNED to Land Use Committee. 



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031773 |Accept-Expend Federal Grant - Spousal Abuser Prosecution Program| 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing tiie Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $95,033 through the California Department of Justice 
for a program entitled "Spousal Abuser Prosecution Program." (District Attorney) 

(No Public Benefit Recipient.) 

10/21/03, RECEIVED AND ASSIGNED to City Services Committee. 

031774 lAccept-Expend State Grant] 
Supervisor Dufty 

Resolution authorizing the Office of the District Attorney to accept and expend a grant in the amount of 
$127,241 fi-om the California Office of Criminal Justice Planning for the operation of the Major Narcotic 
Vendors Prosecution Program. (District Attorney) 

(No Public Benefit Recipient.) 

10/21/03, RECEIVED AND ASSIGNED to City Services Committee. 

031775 [Contract funds to update the single estimate of unmet need for HIV primary care in San Francisco] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement with the University of California, San Francisco (UCSF) the primary contractor, and expend funds 
in the amount of $22,224 for estimates of unmet need for HIV primary care in the San Francisco Eligible 
Metropolitan Area (EMA); for the period of September 1, 2003 to February 29, 2004. (Public Health 
Department) 

(No Public Benefit Recipient.) 

10/23/03, RECEIVED AND ASSIGNED to City Services Committee. 

031776 [Contract funds to develop an on-line collaborative HIV trial training resource center] 
Supervisors Dufty, Newsom 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement with Public Health Foundation Enterprises, Inc. (PHFE), the primary contractor, and expend funds 
in the amount of $74,732 for services under the agreement; for the period of September 1. 2003 to August 31, 
2004. (Public Health Department) 

(No Public Benefit Recipient.) 

10/23/03, RECEIVED AND ASSIGNED to City Services Committee. 



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031787 [Accept-Expend Federal Grant - Special Emphasis Victim Assistance Program: Homicide] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $1 10,000 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Special Emphasis Victim Assistance Program; 
Homicide." (District Attorney) 

(No Public Benefit Recipient.) 

10/21/03, RECEIVED AND ASSIGNED to City Services Committee. 

031788 [Accept-Expend Federal Grant - Special Emphasis Victim Assistance Program: Elder Abuse] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of SI 55, 000 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Elder Abuse Vertical Prosecution Program." (District 
Attorney) 

(No Public Benefit Recipient.) 

10/21/03, RECEIVED AND ASSIGNED to City Services Committee. 

031789 [Accept-Expend Federal Grant - Special Emphasis Victim Assistance Program: Elder Abuse] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $1 10,000 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Special Emphasis Victim Assistance Program: Elder 
Abuse." (District Attorney) 

(No Public Benefit Recipient.) 

10/21/03, RECEIVED AND ASSIGNED to City Services Committee. 

031826 [Airport Concession Lease) 

Resolution approving Amendment No. 3 to the Amendment No. 3 to the Travelex America Inc. Lease 
Agreement for Foreign Currency Exchange in the New International Terminal Building and Existing Terminal 
Buildings at San Francisco International Airport Lease No. 99-0449 between Travelex America, Inc. and the 
City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) 

(Fiscal impact; No Public Benefit Recipient.) 

10/24/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031827 [Airport Concession Lease| 

Resolution approving Amendment No. 2 to the Boarding Areas "B" and "C" Principal Retail Concession Lease 
No. 98-0228 between Pacific Gateway Concessions, LLC, and the City and County of San Francisco, acting by 
and through its Airport Commission. (Airport Commission) 

(No Public Benefit Recipient.) 

10/24/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



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031828 lAirport Revenue Bonds] 

Resolution approving the issuance of up to $225,000,000 additional aggregate principal amount of San 
Francisco International Airport Second Series Revenue Refunding Bonds for the purpose of refinancing 1991 
Resolution Bonds and Subordinate Bonds of the Airport Commission; Approving the issuance of San Francisco 
International Airport Second Series Variable Rate Revenue Bonds for the purpose of financing or refinancing 
certain capital improvements at San Francisco International Airport, including by refunding outstanding 1991 
Resolution Bonds and Subordinate Bonds of the Airport Commission; Approving the maximum interest rates 
thereon; Approving the forms of certain documents relating to the Bonds; Approving XI Capital Assurance Inc. 
as a provider of bond insurance and reserve fund Surety Bonds and the forms of certain documents relating 
thereto; and Approving certain amendments to the 1991 Master Resolution. (Airport Commission) 
10/24/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031829 IMembership in the Bay Area Regional Immunization Registry) 
Supervisors Dufty, Ma 

Resolution authorizing the San Francisco Board of Supervisors to enter into an agreement between the City and 
County of San Francisco and the County of Santa Clara for membership in the Bay Area Regional 
Immunization Registry. (Public Health Department) 

(No Public Benefit Recipient.) 

10/22/03, RECEIVED AND ASSIGNED to City Services Committee. 

031830 [Grant of Federal Funds] 

Resolution authorizing the Municipal Transportation Agency to accept retroactively and expend $326,512 of 
federal Section 5309 capital assistance toward the purchase of LRVs for San Francisco's Municipal Railway, 
excluding Administrative Overhead Costs. (Municipal Transportation Agency) 

(No Public Benefit Recipient.) 

10/24/03, RECEIVED AND ASSIGNED to Land Use Committee. 



PROPOSED MOTIONS 



031763 [Appointment, Public Utilities Commission[ 

Motion approving the Acting Mayor's appointment of Robin Chiang to the Public Utilities Commission, for the 

term expiring January 15, 2004. (Mayor) 

10/22/03, RECEIVED AND ASSIGNED to Rules Committee. Notification to appear at Rules Committee 

meeting mailed on November 5, 2003. 

1 1/10/03 - Received communication from City Attorney regarding appointment. 

031764 [Appointment, Public Utilities Commission] 

Motion rejecting the Acting Mayor's appointment of Robin Chiang to the Public Utilities Commission. (Mayor) 
10/22/03, RECEIVED AND ASSIGNED to Rules Committee. Notification to appear at Rules Committee 
meeting mailed on November 5, 2003. 
1 1/10/03 - Received commimication from City Attorney regarding appointment. 



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Tuesday, November 4, 2003 



031765 1 Appointment, Public Utilities Commission] 

Motion taking no position concerning the Acting Mayor's appointment of Robin Ciniang to the Public Utilities 

Commission, for term ending January 15, 2004. (Mayor) 

10/22/03, RECEIVED AND ASSIGNED to Rules Committee. Notification to appear at Rules Committee 

meeting mailed on November 5, 2003. 

I I/I 0/03 - Received communication from City Attorney regarding appointment. 

031766 [Appointment, Public Utilities Commission] 

Motion approving the Acting Mayor's appointment of Adam Werbach to the Public Utilities Commission, for 

the term expiring January 15, 2007. (Mayor) 

10/22/03, RECEIVED AND ASSIGNED to Rules Committee. Notification to appear at Rules Committee 

meeting mailed on November 5, 2003. 

1 1/10/03 - Received communication from City Attorney regarding appointment. 

031767 [Appointment, Public Utilities Commission] 

Motion rejecting the Acting Mayor's appointment of Adam Werbach to the Public Utilities Commission. 

(Mayor) 

10/22/03, RECEIVED AND ASSIGNED to Rules Committee. Notification to appear at Rules Committee 

meeting mailed on November 5, 2003. 

1 1/10/03 - Received communication from City Attorney regarding appointment. 

031768 ]Appointment, Public Utilities Commission] 

Motion taking no position concerning the Acting Mayor's appointment of Adam Werbach to the Public 

Utilities Commission, for term ending January 15, 2007. (Mayor) 

10/22/03, RECEIVED AND ASSIGNED to Rules Committee. Notification to appear at Rules Committee 

meeting mailed on November 5, 2003. 

1 1/10/03 - Received communication from City Attorney regarding appointment. 

031780 ] Appointment, Public Utilities Commission] 

Motion approving the Mayor's appointment of Clemetine Clarke to the Public Utilities Commission, for the 

term expiring January 15, 2007. (Mayor) 

10/23/03, RECEIVED AND ASSIGNED to Rules Committee. 

031781 ]Appointment, Public Utilities Commission] 

Motion rejecting the Mayor's appointment of Clemetine Clarke to the Public Utilities Conmiission. (Mayor) 
10/23/03, RECEIVED AND ASSIGNED to Rules Committee. 

031782 [Appointment, Public Utilities Commission] 

Motion taking no position concerning the Mayor's appointment of Clemetine Clarke to the Public Utilities 
Commission, for term ending January 15, 2007. (Mayor) 
10/23/03, RECEIVED AND ASSIGNED to Rules Committee. 



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Board of Supervisors Meeting Minutes Tuesday, November 4, 2illl^ 



Requests Granted 

Front: Supervisor Sandoval 

To: MUNI 

Requesting/Inquiring: Requesting reconsideration of the deletion of two bus stops on the 52 Excelsior line. 

Attached is a copy of the petition signed by concerned riders. Response should detail the original justification 

for removing bus stops, what efforts were made to gather community input about the removal of the stops, and 

the result of communications with concerned riders about the restoration of the bus stops. 

Also requesting the Clerk of the Board to send a copy of this letter and MUNI's response to: 

Maria Morell 

Ramon Morell 

246 Edinburgh Street 

San Francisco, CA 94112 

From: Supervisor Maxwell 

To: Department of Environmental 

Department of Public Health 

Requesting/ Inquiring: Inquiring about whether staff can draft an Air Quality Plan to identify sources of air 

pollution throughout the City and establish a 1 0-year road map with measures to eliminate or mitigate 

pollutants in the City. 

From: Supervisor Maxwell 

To: Department of Parking and Traffic 

Requesting/Inquiring: To conduct a detailed engineering analysis on Leland Avenue between Scherwin Street 

and Rey Street. This section of Leland Avenue is home to several childcare facilities, Visitacion Valley 

Elementary School, a recreation center and a playground. This area is currently a nightmare for pedestrians, 

especially children. Supervisor Maxwell requests the Department to complete a comprehensive study and 

provide her office with remedies which the department will implement to calm traffic in this area, in 

particular, consider in installation of speed bumps as an option. 

From: Supervisor Maxwell 

To: City Attorney 

Requesting/Inquiring: To draft, with the assistance of the Department of the Environment and the Department 

of Public Health, an Air Quality Plan to identify sources of air pollution throughout the City and establish a 

10-year road map with measures to eliminate or mitigate pollutants in the City. 



In Memoriam 

Jean Ellis Blumkin (Supervisor Dufty) 

David L. Pharr (Supervisors Duft\ , Ammiano) 

Wendy Marx Ellington (Supervisors Dufty, Sandoval) 

Connie Lee Mavs Robinson (Supervisor Gonzalez)In Memoriam 

Victor Bach (Supervisor Daly) 

Jean Ellis Blumkin (Supervisor Dufty) 

David L. Pharr (Supervisors Dufty, Ammiano) 

Wendy Marx Ellington (Supervisors Dufty, Sandoval) 

Connie Lee Mays Robinson (Supervisor Gonzalez) 

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ADJOURNMENT 



There being no further business, the Board at the hour of 6:14 p.m. adjourned. 
Gloria L. Young, Clerk of the Board 



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 December 9, 2003. 

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. 



Gloria L. Young 
Clerk of the Board 



City and County of San Francisco 



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BOARD OF SUPERVISORS 
CITY AND COUNTY OF^AN FRANCISCO 

City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 



MEETING MINUTES 



^. 



Tuesday, November 18, 2003 2:00 PM 
Legislative Chamber - Second Floor 
City Hall, 1 Dr. Carlton B. Goodlett Place 
San Francisco, CA 94102-4689 

Regular Meeting 



DOCUMENTS DEPT. 
JAN 2 2 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



MATT GONZALEZ, PRESIDENT 

TOMAMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GA VIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 

Agendas of the Board of Supervisors are available on the internet at www.ci.sfca.us/bdsupvsrs 



BOARD COMMITTEES 



Committee Membership 

Budget Committee 



Supervisors Daly, Peskin, Maxwell, Ma, Gonzalez 

City and School District Select Committee 

Supervisors Maxwell, Ammiano. Ma, Commissioners Cnjz, Sanchez, Kelly 

City Services Committee 

Supervisors Dufty, Ma, Newsom 

Finance and Audits Committee 

Supervisors Peskin, Sandoval, McGoldrick 

Land Use Committee 

Supervisors McGoldrick, Maxwell. Ammiano 

Rules Committee 

Supervisors Hall, Dufty, Gonzalez 



Meeting Davs 

Thursday 
1 :00 PM 



2nd Monday, bi-monthly 
4;00 PM 



Thursday 
9.30 AM 



Wednesdav 
1230 PM 

Monday 
1:00 PM 

Wednesday 
9:30 AN1 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair. of the Committee 

Volume 98 Number 38 



Board of Supervisors 



Meeting Minutes 



Tuesday. November IS. 2003 



) 



Members Present: Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, Sophie Maxwell, 
Jake McGoldnck, Gavin Newsom, Aaron Peskin, Gerardo Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 



The meeting was called to order at 2:03 p.m. On the call of the roll, the following 
Supervisors Ammiano, Daly and Sandoval were noted absent. 

Quorum present. 

Supervisors Sandoval and Daly were noted present at 2:05 p.m. 
Supervisor Ammiano was previously excused. (See Infra) 

Supervisor Excused from Attendance 



) 



Supervisor Dufty, seconded by Supervisor Pesltin, moved to excuse Supervisor Ammiano from attending today's 
meeting. The motion carried by tiie following vote: 

Ayes; 8 - Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent; 2 - Daly, Sandoval 
Excused; 1 - Ammiano 



APPROVAL OF MEETING MINUTES 



Supervisor Peskin, seconded by Supervisor Maxwell, moved to approve October 21, 2003 Meeting Minutes.. The 
motion carried by the following vote: 

Ayes; 8 - Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent; 2 - Daly, Sandoval 
Excused; 1 - Ammiano 



) 



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CONSENT AGENDA 



Recommendations of the Cit\' Services Committee 



031721 (Research on club-drug networks among high-risk men] 
Supervisor Dufty 

Resolution authorizing the San Francisco Department of Public Health, AIDS Office (SFDPHAIDS) to accept 
retroactively and expend a supplemental grant award in the amount of S37,01 1 ft-om the National Institute on 
Drug Abuse (NIDA) for research on club-drug networks among high-risk men and to enter into an agreement 
for the use of these funds; for the period of March 1, 2003 to February 29, 2004. (Public Health Department) 

(No Public Benefit Recipient.) 

Resolution No. 745-03 
ADOPTED 

031773 I Accept-Expend Federal Grant - Spousal Abuser Prosecution Program] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $95,033 through the California Department of Justice 
for a program entitled "Spousal Abuser Prosecution Program." (District Attorney) 

(No Public Benefit Recipient.) 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 749-03 

ADOPTED 

031775 [Contract funds to update the single estimate of unmet need for HIV primary care in San Francisco] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement with the University of California, San Francisco (UCSF) the primary contractor, and expend funds 
in the amount of $22,224 for estimates of unmet need for HIV primary care in the San Francisco Eligible 
Metropolitan Area (EMA); for the period of September 1. 2003 to February 29, 2004. (Public Health 
Department) 

(No Public Benefit Recipient.) 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 750-03 

ADOPTED 



C/ri' and County of San Francisco 



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031776 IContract funds to develop an on-line collaborative HIV trial training resource center] 
f Supervisors Dufty, Newsom 



Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement with Public Health Foundation Enterprises, Inc. (PHFE), the primary contractor, and expend funds 
in the amount of $74,732 for services under the agreement; for the period of September 1, 2003 to August 31, 
2004. (Public Health Department) 

(No Public Benefit Recipient.) 

Supervisor Newsom requested to be added as a co-sponsor. 



Resolution No. 
ADOPTED 



751-03 



> 



031787 lAccept-Expend Federal Grant - Special Emphasis Victim Assistance Program: Homicide] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $1 10,000 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Special Emphasis Victim Assistance Program: 
Homicide." (District Attorney) 

(No Public Benefit Recipient.) 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 752-03 

ADOPTED 

031788 lAccept-Expend Federal Grant - Special Emphasis Victim Assistance Program: Elder Abuse Vertical 
Prosecution Program) 

Supervisors Dufty, Daly, Newsom 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $155, 000 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Elder Abuse Vertical Prosecution Program." (District 
Attorney) 

(No Public Benefit Recipient.) 

Supennsor Newsom requested to be added as a co-sponsor. 

Resolution No. 753-03 

ADOPTED 



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031789 [Accept-Expend Federal Grant - Special Emphasis Victim Assistance Program: Elder Abuse] 
Supervisors Dufty, Daly, Newsom 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $1 10,000 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Special Emphasis Victim Assistance Program: Elder 
Abuse." (District Attorney) 

(No Public Benefit Recipient.) 

Supervisor Newsom requested to be added as a co-sponsor. 



Resolution No. 
ADOPTED 



754-03 



Recommendations of the Land Use Committee 

022031 [Zoning Map Amendment) 
Supervisor Maxwell 

Ordinance amending Section Maps 8 and 8SU of the Zoning Map of the City and County of San Francisco for 
the property described as Assessor's Block 3978, Lot 1, bounded by Rhode Island Street, 17th Street, Kansas 
Street and Mariposa Street, from M-1 (Light Industrial) to NC-3 (Moderate-Scale Neighborhood Commercial 
District) and the 17th and Rhode Island Street Grocery Store Special Use Subdistrict; adopting findings. 

(9/16/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing new title; companion measure 
to File 022032.) 

Ordinance No. 260-03 
FINALLY PASSED 

022032 1 17th and Rhode Island Street Grocery Store Special Use Subdistrict] 
Supervisor Maxwell 

Ordinance amending the San Francisco Planning Code by adding Section 781.10 to create the 1 7th and Rhode 
Island Street Grocery Store Special Use Subdistrict, applicable to the newly rezoned NC-3 block (previously 
M-1) bounded by 17th Street, Rhode Island Street, Mariposa Street and Kansas Street (Assessor's Block 3978, 
Lot 1), to permit a neighborhood grocery store at 17th and Rhode Island and amending the Section 712 Zoning 
Control Table; adopting findings. 

(9/16/03 in Board; Supervisor Maxwell submitted a substitute ordinance bearing new title.) 
(10/7/03 in Board: Supervisor Maxwell submitted a substitute ordinance bearing same title.) 

Ordinance No. 261-03 

FINALLY PASSED 



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031600 ICommercial Vehicle Parking in Certain Use Districts] 

k Ordinance amending Traffic Code by amending Sections 63 and 63 (a) thereof, relating to commercial vehicle 

parking in certain use districts. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

Ordinance No. 264-03 
FINALLY PASSED 

03 1 695 [Changing Official Width of Sidewalk] 

Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto 
Section 1561 to change the official sidewalk width on the south side of Market Street west of Third Street; 
making findings pursuant to the General Plan; and requiring relocation, modification, or both of facilities 
affected by the sidewalk width changes. (Public Works Department) 

(No Public Benefit Recipient.) 

Ordinance No. 266-03 
FINALLY PASSED 



031691 



> 



[STOP Intersections] 

Resolution designating certain intersections as "STOP" intersections. 

STOP SIGNS - ESTABLISH 

Le Conte and Meade Avenues, stopping both streets, making this intersection an All-Way STOP; 

Teddy Avenue and Alpha Street, stopping Teddy Avenue at Alpha Street, making this intersection an All-Way 

STOP; 

Leland Avenue and Peabody Street, stopping Leland Avenue and Peabody Street, making this uncontrolled T- 

intersection an All-Way STOP; 

Broadway and Jones Street, stopping Jones Street, making this intersection an All- Way STOP; 

Benton Avenue and Genebem Way, stopping westbound Benton Avenue at Genebem Way; 

26th Avenue and Moraga Street, stopping 26th Avenue, making this intersection an All-Way STOP; 

25th and Mississippi Streets, stopping both streets, making this uncontrolled T-intersection an All-Way STOP; 

20th Avenue and Quintara Street, stopping Quintara Street traffic at 20th Avenue, making this intersection an 

All-Way STOP; and 

Harney Way at Alana Way and Thomas Mellon Drive, stopping eastbound Harney Way Left Turn onto Alana 

Way. (Parking and Traffic Department) 

9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPT Order No. 2692; No Public Benefit Recipient.) 



Resolution No. 
ADOPTED 



742-03 



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031746 lAccept-Expend State Grant] 

Mayor, Supervisors McGoldrick, Maxwell, Sandoval, Newsom 

Resolution authorizing the Department of Parking and Traffic to accept and expend a grant in the amount of 
$199,204 from the California Office of Traffic Safet>' for improving school area traffic safety. 

(No Public Benefit Recipient.) 

Supervisors Sandoval and Newsom requested to be added as co-sponsors. 

Resolution No. 748-03 

ADOPTED 

Recommendations of the Rules Committee 

031690 [Settlement Of Lawsuit] 
Supervisor Gonzalez 

Ordinance authorizing settlement of the lawsuit filed by Restore Hetch Hetchy against the City and County of 
San Francisco for $1,700.00; the lawsuit was filed on July 24, 2003 in San Francisco Superior Court, Case No. 
503-306; entitled Restore Hetch Hetchy v. San Francisco Board of Supervisors et al.; other material terms of 
said settlement are that the City and County of San Francisco and San Francisco Public Utilities Commission 
agree to remain neutral on Petitioner's efforts to seek funding for preparation of a study assessing the feasibiiit>' 
of restoring the Hetch Hetchy Valley. The San Francisco Public Utilities Commission reserves the right to 
comment on any restrictions, requirements or regulations that would be imposed on the Department by a 
funding source as a prerequisite to the appropriation of those funds. (City Attorney) 

Supervisor Gonzalez requested to be added as sponsor. 
Ordinance No. 265-03 
FINALLY PASSED 

031697 ISettlement of Lawsuit] 

Ordinance authorizing settlement of the lawsuit filed by Lynn Andrews against the City and County of San 
Francisco for $75,000; the lawsuit was filed on July 18, 2002 in San Francisco Superior Court, Case No. 410- 
430; entitled Lynn Andrews v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

Ordinance No. 267-03 
FINALLY PASSED 



The foregoing items were acted upon by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 



City and County of San Francisco 



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Tucsdny. Noveml>er IS, 200.^ 



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031692 



> 



Super\'isor Dalv requested that this matter be severed so that it might be considered separately. 

[Traffic Regulations] 

Resolution enacting and rescinding traffic regulations on various streets. 

LEFT LANE MUST TURN LEFT - ESTABLISH 
Paul Avenue, eastbound, at Bayshore Boulevard. 

CROSSWALK - RESCIND 

Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, south side, at Oakdale Avenue. 

CROSSWALK - ESTABLISH 

Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, north side. 

NO RIGHT TURN AFTER BALLPARK EVENTS EXCEPT TAXIS - RESCIND 
NO RIGHT TURN AFTER BALLPARK EVENTS - ESTABLISH 
3rd Street, northbound, at Townsend Street. 

NO LEFT TURN - ESTABLISH 

Woodside Avenue, eastbound, onto Youth Guidance Center/Laguna Honda Hospital access road. 

NO LEFT TURN - ESTABLISH 

Woodside Avenue, westbound, onto Idora Avenue. 

CROSSWALK - RESCIND 

Crossing Woodside Avenue, west side, at Idora Avenue. 

CROSSWALK - RESCIND 

Crossing Woodside Avenue, east side, at the Youth Guidance Center/Laguna Honda access road. 

NO LEFT TURN, 7:00 AM to 9:00 AM AND 4:00 PM TO 6:00 PM, EXCEPT SATURDAY AND 

SUNDAY - RESCIND 

NO LEFT TURN - ESTABLISH 

Judah Street, westbound at 1 7th Avenue. (Parking and Traffic Department) 

Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations 
where such changes do not establish a higher speed limit or result in more than a negligible increase in the use 
of the street; DPT Order No. 2692; No Public Benefit Recipient.) 

Supervisor Daly, seconded by Supervisor McGoldrick, moved to divide the question regarding No Right Turn 
After Ballpark Events Except Taxis- Rescind and No Right Turn After Ballpark Events - Establish. 
DIVIDED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Excused: 1 - Ammiano 



> 



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Resolution enacting and rescinding traffic regulations on various streets. 

LEFT LANE MUST TURN LEFT - ESTABLISH 
Paul Avenue, eastbound, at Bayshore Boulevard. 

CROSSWALK - RESCIND 

Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, south side, at Oakdale Avenue. 

CROSSWALK - ESTABLISH 

Bayshore Boulevard and Oakdale Avenue, crossing Bayshore Boulevard, north side. 

NO LEFT TURN - ESTABLISH 

Woodside Avenue, eastbound, onto Youth Guidance Center/Laguna Honda Hospital access road. 

NO LEFT TURN - ESTABLISH 

Woodside Avenue, westbound, onto Idora Avenue. 

CROSSWALK - RESCIND 

Crossing Woodside Avenue, west side, at Idora Avenue. 

CROSSWALK - RESCIND 

Crossing Woodside Avenue, east side, at the Youth Guidance Center/Laguna Honda access road. 

NO LEFT TURN, 7:00 AM to 9:00 AM AND 4:00 PM TO 6:00 PM, EXCEPT SATURDAY AND 

SUNDAY - RESCIND 

NO LEFT TURN - ESTABLISH 

Judah Street, westbound at 17th Avenue. (Parking and Traffic Department) 

Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations 
where such changes do not establish a higher speed limit or result in more than a negligible increase in the use 
of the street; DPT Order No. 2692; No Public Benefit Recipient.) 

Resolution No. 743-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoidrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 

031916 [Trafnc Regulations] 

Resolution enacting and rescinding traffic regulations on various streets. 

NO RIGHT TURN AFTER BALLPARK EVENTS EXCEPT TAXIS - RESCIND 

NO RIGHT TURN AFTER BALLPARK EVENTS - ESTABLISH 

3rd Street, northbound, at Townsend Street. (Parking and Traffic Department) 

Continued to January 6. 2004 

Supervisor Daly, seconded by Supervisor McGoidrick, moved that this Resolution be CONTINUED. The motion 
carried by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoidrick, Newsom, Peskin, Sandoval 

Excused: 1 - Ammiano 



Supervisor Dufty requested that this matter be severed so that it might be considered separately. 



City and County of San Francisco 1204 Primed al 4:38 PM on 12/8/2003 



10 



Boarit nfStipen'isors 



Meetiii" Minnies 



Tuesdav, November IS, 2003 



031693 



) 



[Parking Regulations] 

Resolution enacting and rescinding parl<ing regulations at various locations. 

RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY 

THROUGH FRIDAY) - ESTABLISH 

Funston Avenue, west side, between California and Clement Streets (200 block). 

RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY 

THROUGH FRIDAY) - ESTABLISH 

Sloat Boulevard, south side, from 20th Avenue to 100 feet easterly (300 block); and 

20th Avenue, both sides, between Sloat Boulevard and Ocean Avenue (2900 block). 

UNMETERED MOTORCYCLE PARKING - ESTABLISH 

Fulton Street, south side, at 6th Avenue (accommodates 3 unmetered parking spaces). 

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH 

States Street, north side, from Corona Heights Playground to a point 26 feet westerly. . 

(9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPW Order No. 2692; No Public Benefit Recipient.) 

Supervisor Dufty, seconded by Supervisor McGoldrick. moved to divide this item relating to States Street, 
north side, from Corona Heights Playground to a point 26 feet westerly Tow-Away, No Stopping Anytime - 
Establish. 

The motion to divide this matter was passed by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Excused: 1 - Ammiano 

Supervisor Dufty, seconded by Supervisor Maxwell, moved to continue the divided matter to December 9, 

2003. 

Motion was approved without objection. 

DIVIDED by the following vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Excused: 1 - Ammiano 



) 



City and County of San Francisco 



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Tuesday, November IS. 2003 



Resolution enacting and rescinding parking regulations at various locations. 

RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY 

THROUGH FRIDAY) - ESTABLISH 

Funston Avenue, west side, between California and Clement Streets (200 block). 

RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY 

THROUGH FRIDAY) - ESTABLISH 

Sloat Boulevard, south side, from 20th Avenue to 100 feet easterly (300 block); and 

20th Avenue, both sides, between Sloat Boulevard and Ocean Avenue (2900 block). 

UNMETERED MOTORCYCLE PARKING - ESTABLISH 

Fulton Street, south side, at 6th Avenue (accommodates 3 unmetered parking spaces). 

(9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPW Order No. 2692; No Public Benefit Recipient.) 

Resolution No. 744-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 

031917 [Parking Regulations] 

Resolution enacting and rescinding parking regulations at various locations. 

TOW-AWAY, NO STOPPFNG ANYTIME - ESTABLISH 

States Street, north side, from Corona Heights Playground to a point 26 feet westerly. (Parking and Traffic 

Department) 

(9/25/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking 
regulations where such changes do not establish a higher speed limit or result in more than a negligible increase 
in the use of the street; DPW Order No. 2692; No Public Benefit Recipient.) 

Supervisor Dufty, seconded by Supervisor Maxwell, moved to continue the divided matter to December 9, 

2003. 

Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED. The motion 

carried by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 



Cin and County of San Francisco 



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Board of Stipen'isors Meetiiv^ Minutes Tuesday, November IS, 200.^ 



REGULAR AGENDA 
UNFINISHED BUSINESS 

Recommendation of the Rules Committee 

Recess 

The Board recessed at the hour of 3:09 p.m. 

Reconvening of the Board 

The Board at the hour of 3:48 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present' 
k Supervisors Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval ■ 

Quorum present. 

Supervisors Daly and Newsom were noted present at 3:49 p.m. 



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031545 [Agreement to Exchange of Property and Settlement of Lawsuit - William F. Spiers dba Spiers 
Construction Company] 
Supervisors Hall, Dufty 

Ordinance authorizing an agreement to exchange vacant land uphill from Edgehiil Park for the Cit>''s property' 
on Portola Drive; adopting findings that the exchange agreement is categorically exempt from environmental 
review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 
101.1; authorizing the Director of Property to execute documents, make certain modifications and take certain 
actions in furtherance of the exchange agreement; and authorizing settlement of the lawsuit entitled City and 
County of San Francisco v. William F. Spiers dba Spiers Construction Company, filed on November 29, 2001 
in San Francisco Superior Court, Case No. 401-800, for an injunction requiring removal of Spiers' fence 
blocking access to Edgehiil Park, for dismissal of Spiers' cross-complaint for quiet title, and for the exchange 
agreement. 

(Public Benefit Recipient.) 

Supervisor Dufty, seconded by Supervisor Daly, moved to continue this matter to December 9, 2003. 

Motion failed by the following vote: 

Ayes: 4 - Daly, Dufty. Maxwell. Newsom 

Noes: 6 - Gonzalez, Hall, Ma, McGoldrick, Peskin, Sandoval 

Excused: 1 - Ammiano 

Supervisor Daly moved to suspend the Rules of Order to allow public comment on this matter. President 
Gonzalez informed Supervisor Daly that the motion to suspend the Rules of Order requires an unanimous 
vote. 
Motion failed. 

Supervisor Dufty, seconded by Supervisor Daly, moved to refer this matter to the Rules Committee. 

Motion failed by the following vote: 

Ayes: 4 - Daly, Dufty, Ma, Newsom 

Noes: 6 - Gonzalez, Hall, Maxwell, McGoldrick, Peskin, Sandoval 

Excused: 1- Ammiano 

Supervisor Daly, seconded by Supervisor Dufty, moved to suspend the Rules of Order to allow for public 

comment on this matter. 

Motion failed by the following vote: 

Ayes: 6 - Daly, Dufty, Gonzalez, Maxwell, Newsom, Peskin 

Noes: 4 - Hall. Ma, McGoldrick, Sandoval 

Excused: 1- Ammiano 

Ordinance No. 263-03 

FINALLY PASSED by the following vote: 

Ayes; 8 - Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Noes: 2 - Daly, Dufty 

Excused: 1 - Ammiano 

Fromthe Rules Committee With Recommendation "Do Submit" 



City and Couniy of San Francisco 



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Tuesday, November 18, 2003 



031543 ICharter Amendment-Tolling Board deadlines during recess, reducing votes required when Board 
members are disqualified, limiting hold-over appointments, setting deadlines for police and fire 
negotiations, and re-naming the Commission on Aging.) 
' Supervisor Gonzalez 

Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by amending 
Sections 2T03, 2.104, and Article XVII, by adding Section 4T01-1, by amending Section A8. 590-5, and by 
amending Section 4.120, to toll deadlines for action by the Board when the Board is in recess, to reduce the 
number of votes required at the Board of Supervisors for various actions when one or more Board members are 
disqualified from voting on a matter because of a conflict of interest, to limit hold-over appointments to 60 
days, to set deadlines for completing contract negotiations with police and fire employees, and to re-name the 
Commission on Aging as "the Conunission on Aging and Adult Services." 

NOT ORDERED SUBMITTED by the following vote: 

Ayes: 5 - Daly, Gonzalez, Hall, Maxwell, Sandoval 
Noes; 4 - Ma, McGoldrick, Newsom, Peskin 
Absent: 1 - Dufty 
Excused: 1 - Ammiano 

031547 [Charter Amendment - Tax-deferred transfer of accrued vacation, sick leave and other compensation to 
employees] 
Supervisors Sandoval, Daly, Gonzalez 

Charter amendment (Second Draft) to add Section A8.599 to authorize the City and County to establish plans 
for the tax-deferred treatment of accrued compensation payable to employees. 

Supervisors Daly and Gonzalez requested to be added as a co-sponsors. 

ORDERED SUBMITTED by the following vote: 

I Ayes: 8 - Daly, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

" Absent: 2 - Dufty, Hall 

Excused: 1 - Ammiano 

031562 [Charter Amendment - Retirement System beneFits for domestic partners] 
Supervisors Ammiano, Dufty, Daly 

Charter amendment (Third Draft) to add Section 16.125 authorizing the Board of Supervisors to amend or 
repeal provisions of the Domestic Partnership Ordinance to effectuate the voters' intent that domestic partners 
be afforded the same rights and responsibilities as spouses, and by amending Section A8. 500-2 so that 
domestic partners are treated exactly the same as spouses for benefits under the Retirement System. 

Supervisor Daly requested to be added as a co-sponsor. 

ORDERED SUBMITTED by the following vote: 

Ayes: 9 - Daly, Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Gonzalez 
Excused: 1 - Ammiano 

From the Rules Committee "Without Recommendation" 



City and County of San Francisco 



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031542 [Charter Amendment - Reclassify Deputy Sheriffs as Safety Employees Covered Under Charter Section 
A8.590-1 et seq.] 
Supervisors Ma, Daly, Dufty, Gonzalez 

Charter amendment (Second Draft) to amend Sections A8.409 and A8. 590-1 et seq. to reclassify Deputy 
Sheriffs as safety employees covered under Charter Section A8. 590-1 et seq. 

Supervisor Gonzalez requested to be added as a co-sponsor. 
ORDERED SUBMITTED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Noes: 1 - Hall 

Excused: 1 - Ammiano 

031574 [Charter Amendment - Board of Supervisors to respond to all orders or requests for the production of 
City records under designated state and federal laws| 
Supervisors McGoldrick, Peskin, Daly 

Charter amendment (Second Draft) to add Section 16.124 to authorize the Board of Supervisors to respond on 
behalf of the City to all orders or requests for the production of information, records, or other tangible things 
held by the City, the disclosure of which could violate the rights of any individuals under the State or Federal 
Constitutions, where the orders or requests are made under laws previously identified by the Board. 

Supervisor Daly requested to be added as a co-sponsor. 

ORDERED SUBMITTED by the following vote: 

Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 2 - Hall, Ma 
Excused: 1 - Ammiano 



NEW BUSINESS 



Recommendation of the Budget Committee 

031793 [Financial Privacy] 
Supervisor Peskin 

Ordinance amending Section 2000 of Article 20 of the Business and Tax Regulation Code, the "San Francisco 
Financial Information Privacy Ordinance," to postpone the date upon which Article 20 is set to become 
operative from January 1, 2004 to July 1, 2004. 

PASSED ON FIRST READING by the following vote; 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 

From the Budget Committee "Without Recommendation" 



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) 



Supervisor McGoldrick Excused From Voting 

Supervisor Sandoval, seconded by Supervisor Ma, moved to excuse Supervisor McGoldrick, at his request, because 
of possible conflict of interest. The motion carried by the following vote: 

Ayes: 8 - Daly, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 

Absent: 1 - Dufty 

Excused: 2 - Ammiano, McGoldrick 

031811 IDevelopmentand Lease of Piers 27-31] 

Supervisors Peskin, Gonzalez 



Resolution urging the Port Commission not to Extend the Exclusive Right to Negotiate Agreement with the 
Mills Corporation and to Re-issue the Request for Proposals for the Development and Lease of Piers 27-3 1 as a 
Mixed-Use Recreation Project. 

Continued to November 25, 2003 

Supervisor Gonzalez requested to be added as a co-sponsor. 

Supervisor Peskin, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED. The motion 

carried by the following vote: 

Ayes: 5 - Daly, Gonzalez, Ma, Maxwell, Peskin 
Noes: 4 - Dufty, Hall, Newsom, Sandoval 
Excused: 2 - Ammiano, McGoldrick 

Recommendations of Finance and Audits Committee 



031321 ICEQA, General Plan, Golden Gate Park Master Plan Findings 
I Authority Projects] 

Supervisor Peskin 



Golden Gate Park Concourse 



Resolution adopting environmental findings pursuant to the California Environmental Quality Act, State 
Guidelines, and Administrative Code Chapter 31 ; and adopting General Plan and Planning Code Section 101 
findings in connection with the Golden Gate Park Concourse Authority Projects. 

Resolution No. 738-03 
ADOPTED by the following vote: 

Ayes: 7 - Dufty, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 2 - Daly, Gonzalez 
Absent: 1 - Hall 
Excused: 1 - Ammiano 

031320 [Golden Gate Park Concourse Underground Parking Facility Fees) 
Supervisor Peskin 



Ordinance making envirorunental findings and amending the San Francisco Park Code by adding Section 
to establish rates for the Golden Gate Park Concourse Underground Parking Facility. 

PASSED ON FIRST READING by the following vote: 

Ayes: 8 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 2 - Daly, Gonzalez 
Excused: 1 - Ammiano 



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031319 [Approving ground lease to Music Concourse Community Partnership in connection witii the 

construction and operation of an underground parking facility and amending the designation of the 
jurisdiction of the Golden Gate Park Concourse Authority] 
Supervisors Peskin, Dufty, Sandoval 

Resoluiion approving and authorizing the execution and delivery of a ground lease betvv'een the Cit>' and Music 
Concourse Community Partnership relating to the Golden Gate Park Music Concourse underground parking 
facility project; amending the designation of the jurisdiction of the Golden Gate Park Concourse Authority; and 
requiring Music Concourse Community Partnership to provide or cause the provision of a guarantee of the 
remaining uncollected pledges. 

(Fiscal impact.) 

Supervisor Sandoval requested to be added as a co-sponsor. 
Resolution No. 737-03 
ADOPTED by the following vote: 

Ayes: 8 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsonn, Peskin, Sandoval 

Noes; 2 - Daly, Gonzalez 

Excused; 1 - Ammlano 

031657 (Appropriation of funding and creation of special fund for the Octavla Boulevard Project] 
Supervisor Peskin 

Ordinance appropriating $12,903,999 fi^om the land sales to the San Francisco Redevelopment Agency and 
$1,106,631 in lease revenues from the Central Freeway land parcels for a total of $14,010,630 to fund the 
construction of Octavia Boulevard and related ancillary projects for the Department of Public Works for fiscal 
year 2003-04. (Mayor) 

(Fiscal impact; No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes; 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused; 1 - Ammlano 

031738 [Contracting out Budget Analyst Services] 

Resolution concurring with the controller's certification that the budget analyst services can be practically 
performed by private contractor for lower cost than similar work services performed by city and county 
employees. (Clerk of the Board) 

Resolution No. 747-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammlano 

Recommendations of the CiU' Services Committee 



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031103 [Parks and Recreation Department assessment of staff and monetary resources needed to maintain city 
parks] 
Supervisors Gonzalez, Sandoval, Daly, Dufty, Ma 

Resolution urging the Parks and Recreation Commission and tlie Parks and Recreation Department to 
immediately undeiTake an assessment of staff and monetary resources needed to reinvigorate and maintain the 
city's parks at a level that promotes use and pride in all neighborhoods of the city. 

Resolution No. 741-03 
ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused; 1 - Ammiano 

030995 [Licensing and regulation of massage practitioners and businesses] 
Supervisors Daly, Peskin, Dufty, Ma, Gonzalez, Ammiano 

Ordinance amending the San Francisco Police Code by repealing Article 27 (Sections 2700 through 2737), and 
amending the San Francisco Health Code by adding a new Article 29 (Sections 1900 through 1931), both 
Articles providing for the licensing and regulation of massage practitioners and businesses, and establishing an 
operative date for the ordinance. 

PASSED ON FIRST READING by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Hall 
Excused: 1 - Ammiano 

031866 [Waiving Police and Fire fees for Immigrant Pride Day 2003] 
^ Supervisors Gonzalez, Daly 

Ordinance waiving fees associated with Immigrant Pride Day 2003 assessed by the San Francisco Police and 
Fire Departments; urging the Municipal Transportation Agency to waive its fees associated with the same event. 

Continued to November 25, 2003 

Supervisor McGoldrick, seconded by Supervisor Newsom, moved that this Ordinance be CONTINUED. The motion 

carried by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Excused: 1 - Ammiano 

Recommendations of the Land Use Committee 

031603 [Generation Solar: Residential and Commercial Solar Program] 
Supervisors Ammiano, McGoldrick, Maxwell, Daly, Gonzalez 

Ordinance requiring the Public Utilities Commission and the Department of the Environment in consultation 
with other City departments to implement Generation Solar, a solar program for the residential and commercial 
sectors. 

(No Public Benefit Recipient.) 

Supervisors Daly and Gonzalez requested to be added as co-sponsors. 
PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 



Excused: 1 -Ammiano 



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031694 [Traffic Code - Amending Section 32.1.1 to update location of Main Public Library] 

Ordinance amending Section 32.1.1 of the San Francisco Traffic Code to update the location of parking 
restrictions on the blocks adjacent to the San Francisco Main Librar>'. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 



PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell 
Excused: 1 - Ammiano 



McGoldrick, Newsom, Peskin, Sandoval 



031727 (Street Encroachment at 151 24th Avenue] 

Resolution granting revocable permission to Edgar N. Bogas and Desiree Goyette-Bogas to occupy a portion of 
the public right-of-way to construct, install and maintain a portion of a new two car garage, including new 
concrete retaining walls, concrete stairs, concrete terrace, grading and landscaping, within the existing 
landscaped portion of the 24th Avenue public right-of-way, to access and provide off-street parking for the 
property at 151 24th Avenue (Block 1334, Lot 004) and making findings of consistency with the priority 
policies of Planning Code Section 101.1. (Public Works Department) 

(No Public Benefit Recipient.) 

Resolution No. 746-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 

031 729 [Street Artist Winter Holiday Spaces) 

Resolution designating temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street 
artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 
2003, beginning on November 15, 2003 and ending on January 15, 2004. (Arts Commission) 

(No Public Benefit Recipient.) 

Resolution No. 739-03 

ADOPTED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 



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Recess 

The Board recessed at the hour of 3:35 p.m. 

Reconvening of the Board 

The Board at the hour of 4:06 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 
Supervisors Daly, Gonzalez, Hall, Maxwell, Newsom, Peskin - 6 

Quorum present. 

Supervisors Ma and Dufty were noted present at 4:07 p.m. 
Supervisor Sandoval was noted present at 4:08 p.m. 
Supervisor McGoldrick was noted present at 4:09 p.m. 



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SPECIAL ORDER 3:30 P.M - Recognition of Commendations 



SPECIAL ORDER 4:00 P.M. 



Board of Supervisors Sitting as a Committee of the Whole 



From the Rules Committee With Recommendation "Do Submit" 

030857 [Charter Amendment - Retirement Benefits for District Attorneys, Public Defenders and Public 
Defender Investigators] 
Supervisors Gonzalez, Sandoval, Hall, Daly 

Charter amendment (Fifth Draft) to add Section A8.506.5 thereto, to authorize the board of supervisors to 
contract with the board of administration of the Public Employees' Retirement System to provide increased 
retirement benefits for district attorneys, public defenders and public defender investigators. 



The President inquired if there was anyone who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 

Supervisor Daly requested to be added as a co-sponsor. 

ORDERED SUBMITTED by the following vote: 

Ayes: 7 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoidrlck, Sandoval 
Noes: 2 - Hall, Peskin 
Absent: 1 - Newsom 
Excused: 1 - Ammiano 



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031819 ICharter Amendment - Tax Deferred transfer of accrued vacation, sick leave and other compensation to 
employees; Retirement System benefits for domestic partners) 
Supervisors Sandoval, Ammiano, Dufty 

Charter amendment (First Draft) by: (a) adding Section A8.599 to authorize the City and County of San 
Francisco to establish plans for the tax-deferred treatment of accrued compensation payable to employees, (b) 
adding Section 16.125, authorizing the Board of Supervisors to amend or repeal provisions of the Domestic 
Partnership Ordinance to effectuate the voters' intent that domestic partners be afforded the same rights and 
responsibilities as spouses, and by (c) amending Section A8. 500-2 so that domestic partners are treated exactly 
the same as spouses for benefits under the Retirement System. 

The President inquired if there was anyone who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 

Supervisor Peskin, seconded by Supervisor Daly, moved that this Charter Amendment be TABLED. The motion 
carried by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 

From the Rules Committee "Without Recommendation" 



031561 [Charter Amendment - Allowing the City to reduce the minimum police staffing level after conducting a 
study of which positions could be filled by civilian personnel rather than sworn officers.] 
Supervisors Ammiano, Daly, Gonzalez 

Charter amendment (Third Draft) to amend Section 4. 127 and to add Section 1 6. 1 23, to: provide for a study of 
} which positions in the Police Department could be filled by civilian personnel rather than sworn officers; allow 

the City to reduce the minimum police staffing level for each position it converts from sworn to civilian, 
without decreasing the number of police officers dedicated to neighborhood community policing, patrol, and 
investigations and without substantially interfering with the delivery of police services or the ability of the 
Police Department to protect the public in the event of an emergency; and, provide that no police officer shall 
be laid off in order to convert a position from sworn to civilian. 

The President inquired if there was anyone who wished to address the Board. 
Chief Alex Fagan, San Francisco Police Department 

The President inquired if there was anyone else who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 

Continued to November 25. 2003 

Supervisors Daly and Gonzalez requested to be added as co-sponsors. 

Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Charter Amendment be CONTINUED. The 
motion carried by the following vote: 

Ayes: 8 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 2 - Daly, Gonzalez 
Excused: 1 - Ammiano 



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031567 ICharter Amendment - San Francisco Department of Public Health] 
Supervisors Daly, Gonzalez 

Charter Amendment (Third Draft) to repeal Section 4.1 10, regarding the Health Commission, and adding a new 
Article VIIIC, to increase the autonomy and fiscal authority of the Health Commission and change the 
qualifications of Health Commissioners, establish a stable baseline funding level for the Department of Public 
Health, ensure the continued operation of County hospitals, community-based public health clinics, and chronic 
disease and injury prevention and health promotion programs, designate universal healthcare as one of the 
Department's top advocacy priorities, ensure continued planning, coordination and oversight of the San 
Francisco Emergency Medical Services/Trauma System, guarantee culturally competent care through 
community-based primary care clinics, maintain operation of the Mental Health Rehabilitation Facility, and 
establish as a goal, pay equity for nonprofit and City workers performing similar jobs for the Department of 
Public Health. 

The President inquired if there was anyone who wished to address the Board. 

SEIU Local 250 Representative 

SEIU Representative 

Norman Santon, Planning for Elders 

The President inquired if there was anyone else who wished to address the Board. 

There being no response, the President declared the Public Hearing Closed. 

Supervisor Daly, seconded by Supervisor Dufty, moved that this Charter Amendment be RE-REFERRED. The 
motion carried by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Maxwell 
Excused: 1 - Ammiano 



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SPECIAL ORDER 4:30 P.M. 



Appointment of President Pro Tempore 

At the request of the President. Supervisor Daly assumed the Chair, 

so that he could participate in the debate from the floor concerning the following item. 

The President resumed the Chair shortly thereafter. 
031631 [Public Hearing - Appeal, Final EIR for the 300 Spear Street Project] 

Hearing of persons interested in or objecting to the Planning Commission certification of the Final 
Environmental Impact Report Case No. 2000. 1090E, dated September 4, 2003, for the proposed project at 300 
Spear Street. (Appellant: Sue C. Hester, attorney for the Rincon Hill Residents Association and the BayCrest 
Towers Residential Association). 

(Filed 9/24/03; companion measure to Files 031632, 031633, 031634.) 

Sue Hester, Attorney for appellant 
Support of appellant: 
Rincon Hill Residents Representative 

Roger Brandon, Douglas Arthur, Nathan McClure, Male Speaker. Henry Client 

Peter Cohon, Dorothy Dana Scott Willis, Debbie Golt, Tony Robulo, Female Speaker, Kevin Reilly, Male 
Speaker, Ann Dalynch, Francisco La Costa, Judy Berkowitz, Patrick Malone, Male Speaker, Tom, Alexander 
K Chung 

Larry Badiner, Acting Planning Director, and Planning Representatives reviewed with Board the Planning 
Commission's recommendation. 

Timothy Tosta, Attorney for 300 Spear Street project sponsors 

Andrew Junius, Attorney for 201 Folsom Street 

Support of project sponsor: 

Carl Shannon, Tishman Properties. Terrence Stair, Labor Coalition. Peter Hartman, Stan Warren SF Building 

Council, Rev. Thomason, Pastor Ellis Walker, Rev. Ted Frazier, Pastor Davis, Michael Terreo, Dan 

Ellington, Representative from Chamber of Commerce, Stan Smith, Jim Salinas, Local 22, 

Pat Leahy. Larry Fettman. Iron Workers, Member of Local 22, John Crowley, Steve Anderson, lark Manus. 

President. SPUR 

Rebuttal Period: 

Sue Hestor, Attorney for appellant 

The President declared the Public Hearing Closed. 

HEARD AT PUBLIC HEARING. 



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Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, 
the Final Environmental Impact Report described above, you may be limited to raising only those issues you 
or someone else raised at the public hearing described in this notice, or in written correspondence delivered 
to the Board of Supervisors at, or prior to, the public hearing. 

Recess 

The Board recessed at the hour of 8:24 p.m. 

Reconvening of the Board 

The Board at the hour of 8:38 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 
Supervisors Daly, Gonzalez, Hall, Maxwell, McGoldrick, Newsom, Peskin - 7 

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

031632 lAffirm certification of final environmental impact report for the 300 Spear Street Project] 

Motion affirming the Planning Commission certification of the fmal environmental impact report for the 300 
Spear Street Project. (Clerk of the Board) 

Supervisor Daly, moved to continue this matter to December 16, 2003. 

Motion failed for lack of a second. 

Motion No. M03-195 

Supervisor Hall, seconded by Supervisor Newsom, moved that this Motion be APPROVED. The motion carried by 

the following vote: 

Ayes: 8 - Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Sandoval 

Noes; 2 - Daly, Peskin 

Excused: 1 - Ammiano 

031633 [Reverse certification of final environmental impact report for the 300 Spear Street Project) 

Motion reversing the Planning Commission certification of the final environmental impact report for the 300 
Spear Street Project. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxw/ell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 

031634 IPreparation of findings to reverse certification of the of final environmental impact report for the 300 
Spear Street Project| 

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' 
reversal of the Planning Commission certification of the final environmental impact report for the 300 Spear 
Street Project. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom. Peskin, Sandoval 
Excused: 1 - Ammiano 



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')SPECIAL ORDER 4:30 P.M. 



031627 [Public Hearing - Appeal, Final EIR for the 201 Folsom Street Project] 

Hearing of persons interested in or objecting to the Planning Commission certification of the Final 
Environmental Impact Report Case No. 2002.1073E, dated September 4, 2003, for the proposed project at 201 
Folsom Street. (Appellant; Sue C. Hestor, attorney for the Rincon Hill Residents Association and BayCrest 
Towers Residential Association). 

(Filed 9/24/03; companion measure to Files 031628, 031629, 031630.) 

Sue Hestor, Attorney for appellant 

Support of appellant: 

Rincon Hill Residents Representative 

Roger Brandon, Douglas Arthur, Nathan McClure, Male Speaker, Henry Client 

Peter Cohon, Dorothy Dana. Scott Willis, Debbie Golt, Tony Robulo, Female Speaker. Kevin Reilly, Male 

Speaker. Ann Dalynch, Francisco La Costa, Judy Berkowitz, Patrick Malone, Male Speaker. Tom, Alexander 

Chung 

Larry Badiner, Acting Planning Director, and Planning Representatives reviewed with Board the Planning 
Commission's recommendation. 

Timothy Tost a. Attorney for 300 Spear Street project sponsors 
Andrew Junius, Attorney for 201 Folsom Street 
Support of project sponsor: 

Carl Shannon, Tishman Properties. Terrence Stair, Labor Coalition. Peter Hartman. Stan Warren SF Building 
Council, Rev. Thomason, Pastor Ellis Walker, Rev. Ted Frazier, Pastor Davis, Michael Terreo, Dan 
f Ellington, Representative from Chamber of Commerce, Stan Smith. Jim Salinas, Local 22, 

Pat Leahy, Larry Fettman, Iron Workers, Member of Local 22, John Crowley, Steve Anderson, lark Manus, 
President, SPUR 

Rebuttal Period: 

Sue Hestor. Attorney for appellant 

The President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 



Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, 
the Final Environmental Impact Report described above, you may be limited to raising only those issues you 
or someone else raised at the public hearing described in this notice, or in written correspondence delivered 
to the Board of Supervisors at. or prior to. the public hearing. 



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



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Board of Supervisors Meeting Minutes Tuesday. November 18, 2003 

031628 I Affirm certification of final environmental impact report for the 201 Folsom Street Project] 

Motion affirming the Planning Commission certification of the final environmental impact report for the 201 
Folsom Street Project. (Clerk of the Board) 

Motion No. M03-194 

Supervisor Hall, seconded by Supervisor Newsom, moved that this Motion be APPROVED. The motion carried by 

the following vote: 

Ayes: 8 - Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Sandoval 
Noes: 2 - Daly, Peskin 
Excused: 1 - Ammiano 

031629 [Reverse certification of final environmental impact report for the 201 Folsom Street Project.) 

Motion reversing the Planning Commission certification of the fmal environmental impact report for the 201 
Folsom Street Project. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 

031630 [Preparation of findings to reverse certification of the of final environmental impact report for the 201 
Folsom Street Project.] 

Motion directing the Clerk of the Board to prepare findings specifying the basis for the Board of Supervisors' 
reversal of the Planning Commission certification of the final environmental impact report for the 201 Folsom 
Street Project. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Ammiano 



SPECIAL ORDER 6:00 P.M. 

031783 [Public Hearing - Appeal, 32 Uranus Terrace, San Francisco Tentative Subdivision Map] 

Hearing of persons interested in or objecting to the decision of the Department of Public Works dated October 
20, 2003, approving Tentative/Parcel Map to legalize the proposed construction of a two unit new 
condominium project in Assessor's Block 2655, Lot 03, at 32 Uranus Terrace, San Francisco. 

(Filed October 23, 2003; companion measure to Files 03 1 784, 03 1 785, 03 1 786; District 8.) 

Ivan Winthrop. appellant 
James Hollow ay, appellant 

Support of appellant: 
Madeline Lee 
Peter Goss 

John Martin, Department of Public Works and Larry Badiner, Acting Planning Director reviewed with the 
Board the recommendations of the Departments. 

Stephen Collier, Attorney for the project sponsors. 

Rebuttal Period: 

Ivan Winthrop. Appellant 

The President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 

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Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, 
the Tentative Subdivision Map described above, you nia\> be limited to raising only those issues you or 
someone else raised at the public hearing described in this notice, or in written correspondence delivered to 
the Board of Supervisors at, or prior to, the public hearing. 

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

031784 |32 Uranus Terrace Tentative Subdivision Map] 

Motion approving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize 
the construction of a two unit new condominium project in Assessor's Block 2655, Lot 03, at 32 Uranus 
Terrace, San Francisco. (Clerk of the Board) 

Motion No. M03-196 

APPROVED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, New/som, Peskin 
Absent: 1 - Sandoval 
Excused: 1 - Ammiano 

031785 [32 Uranus Terrace Tentative Subdivision Map] 

Motion disapproving decision of the Director of Public Works, approving Tentative Subdivision Map to 
legalize the construction of a two unit new condominium project in Assessor's Block 2655, Lot 03, at 32 
Uranus Terrace, San Francisco. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 

) Absent: 1 - Sandoval 

Excused: 1 - Ammiano 

031786 [Findings - 32 Uranus Terrace Tentative Subdivision Map] 

Motion directing the Clerk of the Board to prepare findings relating to Tentative Subdivision Map to legalize 
the construction of a two unit new condominium project in Assessor's Block 2655, Lot 03, at 32 Uranus 
Terrace, San Francisco. (Clerk of the Board) 

Motion No. M03-197 

APPROVED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin 
Absent: 1 - Sandoval 
Excused: 1 - Ammiano 



COMMITTEE REPORTS 

031766 [Appointment, Public Utilities Commission] 

Motion approving the Acting Mayor's appointment of Adam Werbach to the Public Utilities Commission, for 
the term expiring January' 15, 2007. (Mayor) 

Siipevisor Hall, seconded by Supervisor Dufty-, moved to table this matter. 

TABLED by the following vote: 

Ayes: 7 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Sandoval 
Noes: 3 - Daly, Gonzalez, Peskin 
Excused: 1 - Ammiano 



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031767 lAppointment, Public Utilities Commission] 

Motion rejecting the Acting Mayor's appointment of Adam Werbach to the Public Utilities Commission. 
(Mayor) 

NOT APPROVED by the following vote: 

Ayes; 7 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Sandoval 
Noes; 3 - Daly, Gonzalez, Peskin 
Excused; 1 - Ammiano 

031768 [Appointment, Public Utilities Commission] 

Motion taking no position concerning the Acting Mayor's appointment of Adam Werbach to the Public 
Utilities Commission, for term ending January 15, 2007. (Mayor) 

Supevisor Hall, seconded by Supervisor Dufty, moved to table this matter. 

TABLED by the following vote: 

Ayes; 7 - Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Sandoval 
Noes; 3 - Daly, Gonzalez, Peskin 
Excused; 1 - Ammiano 



ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdullah Megaheed, general issues 

Gloria Lismore, SF Police issues 

Male Speaker, Human Rights Commission issues. Kevin Williams 

Francisco DeCosta. Human Rights Commission issues, Kevin Williams 

Andrew Boseman, Human Rights Commission issues, Kevin Williams 

Anita Labsosar, Human Rights Commission issues. Kevin Williams 

Ace Washington. Human Rights Commission issues. Kevin Williams 



FOR ADOPTION WITHOUT COMMITTEE REFERENCE 

These measures are introduced for adoption without committee reference. .4 unanimous vote is required for 
adoption of a resolution today. Any Supervisor may require any resolution to go to committee. 

031821 ]Calling a March 2, 2004 Special Election on Regional Measure 2] 
Supervisor Daly 

Resolution calling for a special election to be conducted in the Cit>' and Count)' of San Francisco on the 
question of whether voters shall approve a $1 bridge toll increase on the seven state-owned bridges in the San 
Francisco Bay Area with the funds to be used for a Regional Traffic Relief Plan, as defined in Senate Bill 916 
(Perata). 

Resolution No. 755-03 
ADOPTED 



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lAccept-Expend State Grant] 
Supervisor Maxwell 

Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of Ninety-Five 
Thousand Dollars ($95,000.00) from the State of California, Department of Boating and Waterways, 
Abandoned Watercrafl Fund, for the removal, and disposal of abandoned, wrecked or dismantled vessels or 
partially submerged objects within the Port's jurisdiction. 

Resolution No. 756-03 

ADOPTED 

031823 [Supporting Fuel Cell Pilot Project at Airport] 
Supervisors McGoldrick, Newsom 

Resolution urging the Airport Director to initiate with other relevant departments a Fuel Cell Pilot Project at 
San Francisco International Airport (SFIA) in conjunction with the U.S. Department of Transportation 
(USDOT), Federal Aviation Administration (FAA), and the California Public Utilities Commission (CPUC) to 
enhance and improve the reliability and security of critical air traffic and airport operations at SFIA. 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 757-03 

ADOPTED 

031824 |S.S. Jeremiah O'Brien] 
Supervisors Peskin, Sandoval, Hall 

) Resolution urging the Port of San Francisco to enter into a 10-year lease with the S.S. Jeremiah O'Brien at its 

current berth on Pier 45. 

Supervisors Sandoval and Hall requested to be added as co-sponsors. 

Resolution No. 758-03 

ADOPTED 

031809 [Final Map for a 6 Unit Residential Condominium Project] 

Motion approving Final Map of 52 Sheridan Street. A Residential Condominium Project, being a subdivision 
of Lot 34 in Assessor's Block No. 3519, and adopting findings pursuant to Planning Code Section 101.1. 
(Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,500; District 6.) 

Motion No. M03-198 

APPROVED 

031820 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

Motion No. M03-199 

APPROVED 



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31 



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Tuesday, f^'ovember IS. 200i 



031825 [Authorizing preparation of a written Proponent ballot argument and rebuttal argument on the Tax- 
deferred Transfer of Accrued Vacation, Sick Leave and Other Compensation to Employees Charter 
Amendment File No. 031547 on the March 2, 2004 ballot] 
Supervisor Sandoval 



Motion authorizing Supervisor Gerardo C. Sandoval to submit and sign a written Proponent argument and 
rebuttal argument for the Tax-deferred Transfer of Accrued Vacation, Sick Leave and Other Compensation lo 
Employees Charter Amendment File No. 03 1547 for publication in the voter information pamphlet for the 
March 2, 2004 election. 



Motion No. 
APPROVED 



M03-200 



031849 [City's Consolidated Annual Financial Report (CAFR)] 
Supervisor Daly 

Resolution authorizing the Controller to print the City's Consolidated Annual Financial Report (CAFR) on an 
annual basis as well as posting it on the web. 

Resolution No. 759-03 
ADOPTED 



The foregoing items were acted upon by the following vote: 

Ayes: 8 - Daly, Dufty, Hall, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 
Absent: 2 - Gonzalez, Newsom 
Excused: 1 - Ammiano 

Severed From Without Reference to Committee Agenda 

It was decided to Supervisor Daly requested that this matter be severed so that it could be considered separately.. 
031850 [Public Hearing Approval] 
Supervisor Hall 

Resolution approving the issuance and sale of revenue bonds by the ABAC Finance Authority for Nonprofit 
Corporations in an aggregate principal amount not to exceed $60,000,000 for the Music Concourse Community 
Partnership. 

Resolution No. 740-03 

ADOPTED by the following vote: 

Ayes: 7 - Dufty, Hall, Ma, Maxwell, McGoldrIck, Peskin, Sandoval 
Absent: 3 - Daly, Gonzalez, Newsom 
Excused: 1 - Ammiano 



OFF-AGENDA LEGISLATION 



Introduced bv Supenisors or Mavor 



City and County of San Francisco 



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Hoard of Supennsors Meeting Minutes Tuesday. Nnvemtier IH, 2110^ 



Ordinances 



)■ 



021 575 [General Plan Amendments - 888 Howard Street Hotel) 
Supervisors Daly, Sandoval, McGoldrick, Maxwell 

Ordinance amending the San Francisco General Plan in connection with approval of the 888 Howard Street 

Hotel Project by amending Map 1 (DowTitown Land Use and Density Plan) and Map 5 of the Downtown Area 

Plan of the General Plan to reclassify the use designation of the property located at 888 Howard Street, Lot 066 

in Assessor's Block 3724, from C-3-S to C-3-S(SU) and the height and bulk of the property from 160-F to 320- 

S; adopting findings. (Planning Department) 

9/25/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 

10/30/2002. 

2/4/03, TRANSFERRED to Land Use Committee. New committee structure 2/17/03. 

1 1/18/03, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new title. 

1 1/18/03, ASSIGNED to Land Use Committee. 

021577 [Planning Code Amendments in connection with 888 Howard Street Hotel Project] 
Supervisors Daly, Sandoval, McGoldrick, Maxwell 

Ordinance amending the San Francisco Planning Code by amending Sections 102.9, 123, Table 124 and 
Section 138 and by adding new Section 247, to create a C-3-S(SU) Downtown Support Special Use District 
within the C-3-S zoning district to allow development of a Hotel Project with a basic and maximum floor area 
ratio (after purchase of all market-rate, available Transfer Development Rights within the C-3-S zoning district 
or contribution of an equivalent amount of money under specified conditions) of 7.5 to 1, to include the new C- 
V 3-S(SU) zoning district within the defmition of "gross floor area" and to provide that the minimum open space 

) requirement for the new C-3-S(SU) zoning district is one square foot for every 50 gross square feet of uses; 

adopting findings. (Planning Department) 

9/25/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 
10/23/2002. 

2/4/03, TRANSFERRED to Land Use Committee. New committee structure 2/17/03. 
1 1/1 8/03, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new tile. 
1 1/1 8/03, ASSIGNED to Land Use Committee. 

030677 [Requiring Slip Resistant Manhole, Vault, and Sub-sidewalk Basement Covers, Grilles, Grates, or Other 
Lids on the Public Sidewalk] 
Supervisor Peskin 

Ordinance adding Public Works Code Section 790 to require the installation of slip resistant manhole, vaults, 
and sub-sidewalk basement covers, grilles, grates, or other lids on the public sidewalk to grant the Director of 
Public Works authority to enforce requirements, and to provide for administrative and civil penalties for 
violations. 

(Fiscal impact.) 

4/22/03, RECEIVED AND ASSIGNED to City Services Committee. 

7/23/03. TRANSFERRED to Finance and Audits Committee. The Budget Analyst reports that this item has 

fiscal impact. 

1 1/18/03. SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title. 
1 1/18/03, ASSIGNED to Finance and Audits Committee. 

J 

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Board of Supervisors 



Meeting Minutes 



Tuesday, November IS, 2003 



031871 [Appropriate Zygmunt Arendt Fund for the Purchase and Renovation of Property Located at 850 
Broderick Street] 

Mayor 

Ordinance appropriating $3,800,000 of Zygmunt Arendt funding for building purchase and renovation of 
property located at 850 Broderick Street. Detail includes 53,120,000 for purchasing and closing costs of the 
property and $680,000 for renovation and maintenance for the Department of Human Services for Fiscal Year 
2003-04. 

(Fiscal impact.) 

1 1/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 

scheduled for December 3, 2003 meeting. 

031872 [To appropriate funding for the December 2003 run-off election] 
Mayor 

Ordinance appropriating $2,016,330 from the Proposition A Implementation Project and re-appropriating 
$274,000 of permanent salaries for a total of $2,290,330 to the operating fund for temporary salaries, non- 
personal services, materials and supplies and services of other departments associated with the December 2003 
run-off election for the Department of Elections for fiscal year 2003-04. 

(Fiscal impact.) 

1 1/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031873 [Memorandum of Understanding - Police] 
Mayor 

Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San 
Francisco and the Municipal Executives Association (Police) to be effective July 1 . 2003 through June 30. 
2005. 

1 1/18/03, RECEIVED AND ASSIGNED to Budget Committee. 

031874 [Memorandum of Understanding - Fire] 
Mayor 

Ordinance adopting and implementing the Memorandum of Understanding between the City and Count>' of San 
Francisco and the Municipal Executives Association (Fire) to be effective July 1, 2003 through June 30, 2005. 
1 1/1 8/03, RECEIVED AND ASSIGNED to Budget Committee. 

031876 ]Regulation of Permit Expediters] 

Supervisors Newsom, Daly, Gonzalez 

Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding Article V. 
sections 5.100 to 5.135 to impose registration and disclosure requirements on permit expediters. 
1 1/18/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 12/18/2003. 



City anil Count} of San Francixco 



1:2s 



Primed at -f:-/: PM on i:/H'2IIO.^ 



34 



Board of Stipen-isors Meeliiif; Minutes Tuesday, \nvemhcr 18. 21103 



031878 (Establishing an Alternative Affordable Housing and Home Ownership Bond Program] 
\ Supervisor Sandoval 

Draft Ordinance amending the San Francisco Administrative Code by adding a new Article IIIA, consisting of 

Sections 43.3A.1 through 43.3A.1 1 to establish an alternative affordable housing and home ownership bond 

program. 

1 1/18/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 12/18/2003. 

031879 [Residential Rent Ordinance-Keys] 
Supervisor Daly 

Ordinance amending Administrative Code Chapter 37 ("Residential Rent Stabilization and Arbitration 
Ordinance") by renumbering existing Section 37.13 as 37.14 and renumbering existing Section 37.14 as 37.15, 
and by adding new Section 37.13 to provide that: each adult occupant is entitled to a minimum of one key/key- 
set for the unit without charge; upon written request for extra keys/key-sets stating the reason(s) (e.g., for the 
convenience of the occupant, such as admitting a service provider or a delivery person or a houseguest) a 
landlord shall provide the requested extra keys/key-sets unless the landlord promptly denies the request in 
writing as unreasonable (e.g., due to unlawful occupancy or a pattern of lease violation); a request for an extra 
key/key-set may only be denied for good reason; unreasonable denial of an extra key/key-set constitutes a 
decrease in housing services; and, a landlord or a tenant may file a petition for hearing on a disputed request for 
an extra key/key-set, which shall be decided by an Administrative Law Judge (ALJ), with the ALJ decision 
appealable to the Rent Board. 
1 1/18/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/18/2003 . 



J 



031880 [Amending Fire Code to require self-contained breathing replenishment systems in high rise building] 
Supervisors Dufty, Daly 

Ordinance amending San Francisco Fire Code by adding Section 9001.1.4 to require self-contained breathing 
replenishment systems in high rise buildings where permits have been issued after June 30, 2004. 
1 1/18/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/18/2003. 

Resolutions 

031 881 [2004-2007 Children's Service Allocation Plan] 
Supervisor Daly 

Resolution approving the Children's Services Allocation Plan for the Children's Fund in accordance with 

Section 16.108 of the San Francisco Charter. 

1 1/18/03, RECEIVED AND ASSIGNED to Budget Committee. 

031882 ]Review of Concession Opportunity] 
Supervisor Peskin 

Resolution authorizing the Director of the Department of Administrative Services to issue a request for 
proposals for the award of an agreement for use of sites owned or occupied by the City and Count^■ of San 
Francisco for beverage vending services. 
1 1/18/03. RECEIVED AND ASSIGNED to Finance and Audits Committee. 



J 



dry anti County of San Francisco /:J« Printed at 4:42 PM on 12/8/2003 



35 



Board of Supervisors Meeting Minutes Tuesday, I^ovemher 18, 2003 



031883 [Mortgage Revenue Bonds] 
Mayor 

Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain 
expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of 
Housing (the "Director") to submit an application and related documents to the California Debt Limit 
Allocations Committee ("CDLAC") to permit the issuance of qualified mortgage bonds in an aggregate 
principal amount not to exceed $25,000,000; authorizing and directing the Director to deposit with the 
Controller's Office an amount not to exceed $125,000 in accordance with CDLAC procedures; authorizing the 
Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay 
an amount equal to the deposit to the State of California if the City fails to issue the qualified mortgage bonds; 
and authorizing and directing the execution of any documents necessary to implement this Resolution and of 
any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken 
in connection with the Project (as defined herein) and the application. 

(No Public Benefit Recipient.) 

11/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 

scheduled for consideration at the December 10, 2003 meeting. 

031884 [Expend Federal Funds - Fiscal Year 2003 Lead Hazard Reduction Demonstration Grant Program] 
Mayor 

Resolution authorizing the Mayor of the City and County of San Francisco to expend a grant from the U.S. 
Department of Housing and Urban Development for lead-based paint hazard reduction in a total amount not to 
exceed $2,600,000, which includes indirect costs of $30,000. 

(No Public Benefit Recipient.) 

11/1 8/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 
scheduled for consideration at the December 10, 2003 meeting. 

031885 ISettlement of Claim] 
Supervisor Hall 

Resolution approving the settlement of the unlitigated claim of Louise Renne, Patrick Devlin. June Liiienthal. 
Virginia Leishman, Charles Meyers, Aiene Meyers, Charles Levinson, and Robert Neal against San Francisco, 
relating to the use of tobacco settlement revenues by the Department of Public Health; material terms of said 
settlement are contained in the Settlement Agreement on file with the Clerk of the Board of Supervisors. 
1 1/18/03, RECEIVED AND ASSIGNED to Rules Committee. 

031886 [Extending the Cooperative Agreement between TIDA and the U.S. Navy through which TIDA provides 
caretaker services at former Naval Station Treasure Island] 

Mayor 

Resolution approving and authorizing the Treasure Island Development Authority to enter into the 16th 
modification to the Cooperative Agreement with the Navy to extend the Cooperative Agreement to September 
30, 2004. 
1 1/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



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Board of Supervisors 



Meeting Minutes 



Tuesday, Nnvemlier IS, 2003 



031887 [Agreement to Purchase 850 Broderick Street] 
\ Mayor 

Resolution approving and authorizing an agreement for the purchase of real property located at 850 Broderick 
Street to house low-income people for a purchase price of $3,100,000; adopting findings that the conveyance is 
exempt from Environmental Review and is consistent with the City's General Plan and Eight Priority Policies 
of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, making 
certain modifications and take certain actions in furtherance of this resolution. 

(Fiscal impact; Companion measure to File 03 1 871 .) 

1 1/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 

scheduled for consideration at the December 3, 2003 meeting. 

031890 [Extension of Grant Agreementl 
Supervisor Daly 

Resolution authorizing the Director of Public Works or his designee to apply for one-year extensions of 
Federal and State grants expiring on June 30, 2004. 

1 1/18/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031891 [Extension of Planning Commission Review Period] 
Supervisor Gonzalez 

Resolution extending for 45 additional days the prescribed time within which the Planning Commission may 
\ render its decision on a proposed ordinance to amend the San Francisco Planning Code by adding section 

' 703.3 and by amending section 182 to make findings as to the need to regulate formula retail uses, to define 

formula retail uses, prohibit formula retail uses in the Hayes-Gough Neighborhood Commercial District and in 
the Neighborhood Commercial Cluster Districts at Cole and Carl Streets and Parnassus and Stanyan Streets, to 
require any building permit application for a formula retail use to comply with the notice and design review 
procedures of section 312 of the Planning Code, to provide that the burden to prove that a use is not a formula 
retail use rests with the building permit applicant or holder, and to provide that nonconforming uses in 
Residential Districts which are seeking to change in use to retail sales activity or retail sales establishment 
which is also a formula retail use must comply with the provisions of Section 703.3, and making findings of 
consistency with the priority policies of Planning Code Section 101.1 and the General Plan. 
1 1/18/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031892 [Commending Nancy Warren) 
Supervisors Maxwell, Newsom 

Resolution commending Nancy Warren for her work to manage and prevent asthma in San Francisco and for 

her support to the San Francisco Asthma Task Force and proclaiming the 24th of November as Nancy Warren 

Day. 

1 1/18/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 



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Board of Supervisors Meeting Minutes Tuesday, November IS. 2003 



031893 |Gun Shows at Cow Palace) 
Supervisor Sandoval 

Resolution urging the state to take appropriate action to ban gun shows at Cow Palace. 

1 1/18/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 

031894 IDeclarationof November 4, 2003 Election Results) 

Resolution declaring the results of the November 4, 2003 Consolidated Municipal Election. (Elections 
Department) 

1 1/18/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 1 1/25/03 - Certified copy of Resolution sent to the Deparment of Elections. 

031847 [Ground Lease of Redevelopment Agency Land for Plaza Apartments] 
Supervisor Gonzalez 

Resolution approving the Redevelopment Agency of the City and County of San Francisco's lease of land at 
Assessor's Block 3725, Lot 025, commonly known as 988-992 Howard Street, to Plaza Apartments Associates, 
L.P., a California Limited Parmership, for 55 years for the purpose of developing housing for very low-income 
senior households. 

(Fiscal impact.) 

1 1/10/03, RECEIVED AND ASSIGNED to Board of Supervisors. 1 1/15/03,1 1/22/03 Fee ad publication dates. 

1 1/10/03, SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole December 9, 
2003, at 4:00 p.m 

Requests for Hearing 

031875 [Hospital and Nursing Home Discharge Planning Task Force's Final Report) 
Supervisor Dufty 

Hearing to consider the Hospital and Nursing Home Discharge Planning Task Force's written Final Report. 
1 1/18/03, RECEIVED AND ASSIGNED to Rules Committee. 

031889 [DPH policy for substance abuse treatment services] 
Supervisor Dufty 

Hearing to consider the need for establishing a City and Department of Public Health (DPH) policy for 
substance abuse treatment services for adolescents and young adults; and, the need for a continuum from 
treatment to transitional housing that encourages positive outcomes, involving the Department of Public Health. 
1 1/18/03, RECEIVED AND ASSIGNED to City Services Committee. 

031846 [Hearing - Ground Lease of Redevelopment Agency Land for Plaza Apartments) 

Hearing of persons interested in or objecting to proposed resolution approving the Redevelopment Agency of 
the City and County of San Francisco's lease of land at Assessor's Block 3725, Lot 025, commonly known as 
988-992 Howard Sn-eet, to Plaza Apartments Associates, L.P.. a California Limited Partnership, for 55 years 
for the purpose of developing housing for ver>' low-income senior households. (Clerk of the Board! 
1 1/10/03, SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole December 9, 
2003, at 4:00 p.m. 

City and Cimnn of San Francisco 1232 Prinred al 4:4.^ PM on !2''S/2(t(l3 



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Hnaril of Superviaors 



Meeting Minutes 



Tuesday, November IH, 2003 



031877 



; 



[Police Department] 
Supervisor Gonzalez 

Hearing to discuss recent allegations that the Police Department has allowed numerous complaints of police 
misconduct received from the Office of Citizen Complaints, as well as other types of complaints, to become 
misplaced and/or improperly forwarded for review and possible disciplinary action. Cases that are not 
forwarded within one year of receipt are subject to a statute of limitation, and are thus deemed "dead." 
1 1/18/03, RECEIVED AND ASSIGNED to City Services Committee. 



Motions 



031870 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

1 1/18/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



PROPOSED ORDINANCES 

031799 [Settlement of Lawsuit - Curtis McGlothin] 

^ Ordinance authorizing settlement of the lawsuit filed by Curtis McGlothin against the City and County of San 

/ Francisco for $165,000; the lawsuit was filed on August 7, 2002 in San Francisco Superior Court, Case No. 

41 1-241; entitled Curtis McGlothin, et al., v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

1 1/3/03, RECEIVED AND ASSIGNED to Rules Committee. 

031807 ]Settlement of Lawsuit -Teresa Lau] 

Ordinance authorizing settlement of the lawsuit filed by Teresa Lau against the City and County of San 
Francisco for $93,500; the lawsuit was filed on September 27, 2001 in San Francisco Superior Court, Case No. 
324-939; entitled Teresa Lau, et al., v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

1 1/3/03, RECEIVED AND ASSIGNED to Rules Committee. 

031832 ]Designating 2926-2948 16th Street, the Labor Temple/Redstone Building, As a Landmark Lnder 
Planning Code Article 10] 
Supervisor Daly 

Ordinance Designating 2926-2948 16th Street, the Labor Temple/Redstone Building, As Landmark No. 238 
Pursuant To Article 10, Sections 1004 And 1004.4 Of The Planning Code. (Planning Department) 

(No Public Benefit Recipient.) 

1 1/6/03. RECEIVED AND ASSIGNED to Land Use Committee. 



City and County of San Francisco 



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Meeting Minutes 



Tuesday, November IS, 2003 



031833 [Denying taxi driver permits to applicants having certain criminal convictions within four years) 

Ordinance amending the San Francisco Police Code by amending Section 1089, to provide that persons having 
certain criminal convictions shall not be eligible to receive a taxi driver permit for four years after the date of 
conviction. (Taxi Commission) 

(No Public Benefit Recipient.) 

1 1/4/03, RECEIVED AND ASSIGNED to Land Use Committee. 



PROPOSED RESOLUTIONS 



031808 [Prevailing Wage Rates] 

Resolution fixing prevailing wage rates for workers performing work under City contracts for public work and 
improvement; workers performing work under City contracts for janitorial services; and workers in public off- 
street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City. (Civil 
Service Commission) 

(No Public Benefit Recipient.) 

10/31/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031810 [Pedestrian Injury Surveillance] 
Supervisor Dufty 

Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept retroactively and 
expend a grant in the amount of $99,350 from the Centers for Disease Control and Prevention (CDC) to 
analyze pedestrian injury patterns and evaluate the effectiveness of countermeasures and to enter into an 
agreement for the use of these funds; for the period of September 1, 2003, to August 31, 2004. (Public Health 
Department) 

(No Public Benefit Recipient.) 

1 1/3/03, RECEIVED AND ASSIGNED to City Services Committee. 

031831 [Agreement to exchange real property related to the former Central Freeway parcels in the Hayes 
Valley neighborhood! 

Resolution approving and authorizing agreements for the exchange of certain real property with the State of 
California; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the 
conveyance is consistent with the City's general plan and eight priority policies of City Planning Code section 
101.1; and authorizing the Director of Property to execute documents and take certain actions in furtherance of 
this resolution. (Real Estate Department) 

(Public Benefit Recipient.) 

1 1/6/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



City and County of San Francisco 



!2.U 



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40 



Board of Supervisors 



Meetini; Minnies 



Tuesday, !\nvemher IS, 2003 



031844 IContract funds for a safety trial of Tenofovir as a pre-exposure prophylaxis among high-risk men who 
have sex with men] 

Supervisor Dufty 

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an 
agreement with Public Health Foundation Enterprises, Inc. (PHFE), the primary contractor, and expend funds 
in the amount of $100,929 for a safety trial of Tenofovir as a pre-exposure prophylaxis among high-risk men 
who have sex with men; for the period of October 1, 2003 to September 30, 2004. (Public Health Department) 

(No Public Benefit Recipient.) 

1 1/7/03, RECEIVED AND ASSIGNED to City Services Committee. 

031845 lAccept-Expend Regional Grant) 

Resolution authorizing the Airport Commission to accept and expend two (2) grants totaling $248,000 from the 
Bay Area Air Quality Management District (Air District) for acquisition of clean air vehicles by Airport 
transportation operators. (Airport Commission) 

(No Public Benefit Recipient.) 

1 1/10/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031848 lAccept-Expend Federal Grant] 
Supervisor Dufty 

Resolution authorizing the Sheriffs Department: to accept and expend a three-year grant in the amount of 
$1,229,622 from the U.S Department of Education for providing a life skills program to women offenders. 
(Sheriff) 

(Public Benefit Recipient.) 

1 1/12/03, RECEIVED AND ASSIGNED to City Services Committee. 

031851 [Transfer State funds to CMHDA for contract services to improve access to mental health treatment for 
children in foster care and other children placed outside of San Francisco] 

Resolution endorsing the transfer of State general funds from the State to the California Mental Health 
Directors Association for a contract to provide services to foster care and other Medi-Cal eligible children 
placed outside of San Francisco, for the period of July 1, 2003 through June 30, 2004. (Public Health 
Department) 

(Public Benefit Recipient.) 

1 1/12/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Department requests this item be 

scheduled for consideration at the November 26, 2003 meeting. 

1 1/17/03, REFERRED TO DEPARTMENT. Referred to Youth Commission for comment and 

recommendation. 

Requests Granted 



From: Supervisors Dufty, Ma 

To: Cit}^ Attorney 

Requestmg/ Inquiring: To draft an Ordinance to require thai prior to the Board of Supervisors approving any 

ordinance or settlement involving the transfer of City-owned property a notification process pursuant lo the 

Planning Department's Section 31 1 or Section 312 requirements. 



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Board of Supervisors 



Meeting Minutes 



Tuesday, November IS, 2003 



In Memoriams 



Dympna Brown fEnlire Board) 

DeShawn Dawson (Entire Board) 

Nicholas Andrew Sommerfield (Supervisor Hall) 

Donalds. Lucas (Supervisors Ammiano, Dufty) 



ADJOURNMENT 



There being no further business, the Board at the hour of 11:17 p.m. adjourned. 
Gloria L. Young, Clerk of the Board 



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 December 16, 2003. 

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 



Gloria L. Young 
Clerk of the Board 



City anil Count)' of San Francisco 



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42 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton S^ j 

\r Goodlett Place j^f 

San Francisco, CA 941 02-4689 

^MEETINSaJINUTES documents dept. 

JAN 2 2 2004 



SAN FRANCISCO 
PUBLIC LIBRARY 



Tuesday, November 25, 2003 2:00 PM 

Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Regular Meeting 

MATT GONZALEZ, PRESIDENT 

TOMAMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L Young, Clerk of the Board 

BOARD COMMITTEES 
Committee Membership Meetin2 Days 

Budget Committee '^'^'^y 

^ „ ,. 1:00PM 

Supervisors Daly, Maxwell, Peskin 

City and School District Select Committee 2nd Monday, bimonthly 

4iOU PM 
Chair Maxwell, Supervisor Ammiano, Supervisor Ma, Commissioner Cruz, Commissioner Sanchez, Co 

City Services Committee I^T* x^ 

9:30 AM 
Supervisors Dufty, Ma, Newsom 

Finance and Audits Committee ^n^O PM 

Supervisors Peskin, Sandoval, McGoldrick 

Land Use Committee ,^°"'^^y 

1:00 p.m. 
Supervisors McGoldrick, Maxwell, Ammiano 

Rules Committee ^f^^^ 

Supervisors Hall, Dufty, Gonzalez 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee. 

Volume 98 Number 39 



Board of Supervisors Meeting Minutes Tuesday, November 25, 2003 

Members Present: Tom Ammiano, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, Sophie 

Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

The meeting was called to order at 2:09 p.m. On the call of the roll, the following 
Supervisor was noted absent. 

Quorum present. 

Supervisor Daly was previously excused. (See Infra) 

Supervisor Daly Excused from Attendance 

Supervisor Peskin, seconded by Supervisor Dufty, moved to excuse Supervisor Daly from attending today's meeting. 
The motion carried by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

APPROVAL OF MEETING MINUTES 



Supervisor Ammiano, seconded by Supervisor Dufty, moved to approve October 28, 2003 Meeting Minutes. The 
motion carried by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Excused: 1 - Daly 



CONSENT AGENDA 



Recommendation of the Budget Committee 

031793 [Financial Privacy] 
Supervisor Peskin 

Ordinance amending Seclion 2000 of Article 20 of the Business and Tax Regulation Code, the "San Francisco 
Financial Information Privacy Ordinance," to postpone the date upon which Article 20 is set to become 
operative from January 1, 2004 to July 1, 2004. 

Ordinance No. 268-03 
FINALLY PASSED 



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Board of Supervisors Meeting Minutes Tuesday, November 25,2003 



Recominendation of the Finance and Audits Committee 

031657 [Appropriation of funding and creation of special fund for the Octavia Boulevard Project] 
Supervisor Peskin 

Ordinance appropriating $12,903,999 from the land sales to the San Francisco Redevelopment Agency and 
$1,106,631 in lease revenues from the Central Freeway land parcels for a total of $14,010,630 to fund the 
construction of Octavia Boulevard and related ancillary projects for the Department of Public Works for fiscal 
year 2003-04. (Mayor) 

(Fiscal impact; No Public Benefit Recipient.) 

Ordinance No. 271-03 
FINALLY PASSED 

Recommendations of the Land Use Committee 

031603 [Generation Solar: Residential and Commercial Solar Program] 
Supervisors Ammiano, McGoldrick, Maxwell, Daly, Gonzalez 

Ordinance requiring the Public Utilities Commission and the Department of the Environment in consultation 
with other City departments to implement Generation Solar, a solar program for the residential and commercial 
sectors. 

(No Public Benefit Recipient.) 

Ordinance No. 270-03 
FINALLY PASSED 

031694 [Traffic Code - Amending Section 32.1.1 to update location of Main Public Library] 

Ordinance amending Section 32.1.1 of the San Francisco Traffic Code to update the location of parking 
restrictions on the blocks adjacent to the San Francisco Main Library. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

Ordinance No. 272-03 
FINALLY PASSED 

Recommendation of the Rules Committee 

031662 [Settlement of Claim] 

Resolution approving the settlement of the unlitigated claim filed by Fireman's Fund Insurance Company and 
Richard Dennes against the City and County of San Francisco. 

(Public Benefit Recipient.) 

Resolution No. 763-03 
ADOPTED 



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Board of Supervisors Meeting Minutes Tuesday, November 25, 2003 



The foregoing items vvere acted upon by the following vote: 

Ayes: 10 - Ammiano, Dutty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 



REGULAR AGENDA 



UNFINISHED BUSINESS 



From the Clerk 

031895 [Adopting findings related to the tentative subdivision map appeal on property located at 32 Uranus 
Terrace] 

Motion adopting findings related to the appeal of the decision of the Department of Public Works approving a 
tentative map that legalizes the proposed construction of a two unit new condominium project at 32 Uranus 
Terrace (Lot 3 in Assessor's Block 2655). (Clerk of the Board) 

(Companion measure to Files 031783, 031784, 031785, 031786.) 

Motion No. M03-202 

APPROVED by the following vote: 

Ayes: 10 - Ammiano, Dufly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

From the Budget Committee "Without Recommendation" 

031811 [Development and Lease of Piers 27-31] 
Supervisors Peskin, Gonzalez 

Resolution urging the Port Commission not to Extend the Exclusive Right to Negotiate Agreement with the 
Mills Corporation and to Re-issue the Request for Proposals for the Development and Lease of Piers 27-31 as a 
Mixed-Use Recreation Project. 

Supervisor McGoldrick was previously excused from voting on this matter at the November 18, 2003 Board 

meeting. 

Supervisor Peskin, seconded by Supervisor Dufty, moved that this Resolution be TABLED. The motion carried by 

the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval 
Excused: 2 - Daly, McGoldrick 

Recommendations of the City Services Committee 



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030995 [Licensing and regulation of massage practitioners and businesses] 
Supervisors Daly, Peskin, Dufty, Ma, Gonzalez, Ammiano 

Ordinance amending the San Francisco Police Code by repealing Article 27 (Sections 2700 through 2737), and 
amending the San Francisco Health Code by adding a new Article 29 (Sections 1900 through 1931), both 
Articles providing for the licensing and regulation of massage practitioners and businesses, and establishing an 
operative date for the ordinance. 

Ordinance No. 269-03 

FINALLY PASSED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, New/som, Peskin, Sandoval 
Noes: 1 - Hall 
Excused: 1 - Daly 

031866 [Waiving Police and Fire fees for Immigrant Pride Day 2003] 
Supervisors Gonzalez, Daly 

Ordinance waiving fees associated with Immigrant Pride Day 2003 assessed by the San Francisco Police and 
Fire Departments; urging the Municipal Transportation Agency to waive its fees associated with the same event. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

Recommendation of the Finance and Audits Committee 

031320 [Golden Gate Park Concourse Underground Parking Facility Fees] 
Supervisor Peskin 

Ordinance making environmental findings and amending the San Francisco Park Code by adding Section 12.35 
to establish rates for the Golden Gate Park Concourse Underground Parking Facility. 

Ordinance No. 262-03 

FINALLY PASSED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Gonzalez 
Excused: 1 - Daly 

From the Rules Committee "Without Recommendation" 



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031561 [Charter Amendment - Allowing the City to reduce the minimum police staffing level after conducting a 
study of which positions could be filled by civilian personnel rather than sworn officers.] 
Supervisors Ammiano, Daly, Gonzalez 

Charter amendment (Third Draft) to amend Section 4.127 and to add Section 16.123, to: provide for a study of 
which positions in the Police Department could be filled by civilian personnel rather than sworn officers; allow 
the City to reduce the minimum police staffing level for each position it converts from sworn to civilian, 
without decreasing the number of police officers dedicated to neighborhood community policing, patrol, and 
investigations and without substantially interfering with the delivery of police services or the ability of the 
Police Department to protect the public in the event of an emergency; and, provide that no police officer shall 
be laid off in order to convert a position from sworn to civilian. 

ORDERED SUBMITTED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Newsom 
Excused: 1 - Daly 



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NEW BUSINESS 



Recommendations of the Finance and Audits Committee 

031466 [Creating Exemption for Adnunistrative Fee for Provision of Additional Police Services Pursuant to 
Administrative Code Section 10B.2.] 
Supervisors Peskin, Sandoval 

Ordinance amending San Francisco Police Code Section 10B.2 to create an exception for payment of an 
administrative fee for contracting for additional police services. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused; 1 - Daly 

031643 [License Agreement with Broadcast Music Incorporated] 

Ordinance authorizing the City Administrator to enter into the Local Government Licensing Agreement 
negotiated between the International Municipal Lawyer's Association and Broadcast Music Incorporated to 
license music uses by the City under a license subject to automatic annual renewal for an annual Base License 
Fee plus 1% of revenue from events in which gross revenue exceeds $25,000, providing that prior to the 
issuance by any City Department or agency of any lease or permit to conduct an event on property owned or 
operated by the City and County of San Francisco at which music will be used, the leasee or permittee shall 
obtain an appropriate license from Broadcast Music Incorporated for the use of music at the event, and 
requiring that if an appropriate license for the use of music at the event is not obtained by the leasee or 
permittee, the City department or agency issuing the lease or permit shall provide funds to the City 
Admninistrator sufficient to cover any fees incurred pursuant to the City's Local Government Licensing 
Agreement with Broadcast Music Incorporated. (City Administrator) 

(No Public Benefit Recipient.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

031703 [Joint Use Cooperative Agreements between the S.F. Public Library and the SFUSD] 
Supervisors Ammiano, Newsom, Ma 

Resolution approving the Joint Use Cooperative Agreements between the San Francisco Public Library and the 
San Francisco Unified School District for the purpose of Proposition 14 grant applications to construct the 
Ingleside, Portola, Visitacion Valley, and Ortega branch libraries. 

Supervisors Newsom and Ma requested to be added as co-sponsors. 
Resolution No. 764-03 
ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 

Excused: 1 - Daly 



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Recommendations of the Rules Committee 

031708 [Citizens Advisory Committee on Elections] 
Supervisor Hall 

Ordinance amending the San Francisco Municipal Elections Code, by repealing Sections 700 through 760, 
regarding the Citizens Advisory Committee on Elections. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

031709 [Dissolving the Advisory Committee on Adult Detention] 
Supervisor Hall 

Ordinance amending the San Francisco Administrative Code, by repealing Sections 13.70 through 13.75, 
regarding the Advisory Committee on Adult Detention. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

031704 [Dissolving the Advisory Committee to Fulfill the Charter Reform Mandate] 
Supervisor Hall 

Resolution repealing Resolution No. 283-94, to dissolve the "Advisory Committee to Fulfill the Charter 
Reform Mandate." 

Resolution No. 765-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

031705 [Dissolving the Citizens Committee for Public Participation In Waste Water Project Evaluation] 
Supervisor Hall 

Resolution repealing Resolution No. 19-73, to dissolve the "Citizens Committee for Public Participation In 
Waste Water Project Evaluation." 

Resolution No. 766-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hail, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

031706 [Dissolving the National Service Blue Ribbon Commission] 
Supervisor Hall 

Resolution repealing Resolutions Nos. 300-93 and 894-93, to dissolve the "National Service Blue Ribbon 
Commission." 

Resolution No. 767-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hail, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 



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031707 [Dissolving the Ballpark/Arena Advisory Committee] 
Supervisor Hall 

Resolution repealing Resolution No. 1012-93, to dissolve the "Ballpark/ Arena Advisory Committee." 

Resolution No. 768-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrIck, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 



Recess 

The Board recessed at the hour of 3:11p.m. 

Reconvening of the Board 

The Board at the hour of 4:11 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supennsors were noted present: 
Super\'isors Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick - 6 

Quorum present. 

Supervisors Dufty and Peskin noted present at 4:13 p.m. 

SPECIAL ORDER 3:30 P.M - Recognition of Commendations 
SPECIAL ORDER 4:00 P.M. 

031730 [Public Hearing] 

Hearing of persons interested in or objecting to report of assessment costs submitted by the Director of Public 
Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 
707. 1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Clerk of the 
Board) 

John Kwong, Department of Public Works 

The President inquired if there was anyone who wished to address the Board. 
There being no response, the President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 



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031731 [Report of Assessment costs for sidewalk and curb repairs - DPW Order No. 174,392] 

Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and 
curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works 
Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,392; Location: 690 Folsom Street.) 

Resolution No. 769-03 

ADOPTED by the following vote: 

Ayes: 8 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin 
Absent: 2 - Newsom, Sandoval 
Excused: 1 - Daly 



Recess 

The Board recessed at the hour of 4:18 p.m. 

Reconvening of the Board 

The Board at the hour of 4:34 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 

Supervisors Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval - 9 

Supervisor McGoldrick noted present at 4:36 p.m. 

Quorum present. 

SPECIAL ORDER 4:30 P.M. 

031551 [Eminent Domain - Resolution of Necessity - 701 Lombard Street] 
Supervisor Peskin 

Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain 
for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code 
Section 101. 1. 

Supervisor Peskin, seconded by Supervisor Ammiano, moved to continue this matter to December 16, 2003. 
CONTINUED by the following vote: 

Ayes: 6 - Ammiano, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval 
Noes; 4 - Dufty, Hall, Ma, Newsom 
Excused: 1 - Daly 



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Board of Supervisors 



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Tuesday, November 25, 2003 



COMMITTEE REPORTS 



031644 [Liquor License, 686 Mission Street] 

Resolution determining that the issuance of a Type 42 on-sale beer and wine hcense to Mary Lynn Slattery and 
Nancy Rowland for VinoVenue, located at 686 Mission Street (District 6), will serve the convenience of the 
people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business 
and Professions Code; with condition. 

Resolution No. 762-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammlano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 

021575 [General Plan Amendments - 888 Howard Street Hotel] 
Supervisors Daly, Sandoval, McGoldrick, Maxwell 

Ordinance amending the San Francisco General Plan in connection with approval of the 888 Howard Street 
Hotel Project by amending Map 1 (Downtown Land Use and Density Plan) and Map 5 of the Downtown Area 
Plan of the General Plan to reclassify the use designation of the property located at 888 Howard Street, Lot 066 
in Assessor's Block 3724, from C-3-S to C-3-S(SU) and the height and bulk of the property from 160-F to 320- 
S; adopting findings. (Planning Department) 

PASSED ON FIRST READING by the following vote: 

Ayes: 9 - Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Ammiano 
Excused: 1 - Daly 

021576 [Zoning Map Amendments - 888 Howard Street Hotel] 
Supervisors Daly, Sandoval, McGoldrick, Maxwell 

Ordinance amending Sheets 1 and IH of the Zoning Map of the City and County of San Francisco for property 
located at 888 Howard Street, Lot 066 in Assessor's Block 3724, to change the height and bulk limits of the 
property from 160-F To 320-S and to change the use district from C-3-S to C-3-S (SU); adopting findings. 
(Planning Department) 

(Planning Commission Resolution #16410 approving Reclassification Application No. 2000.790ZM dated 
5/23/02; Resolution #16420 approving Planning Code Tax Amendments and Reclassification Application No. 
2000.790TZM on 6/6/02; Resolution #16408 approving CEQA findings for Application No. 2000.790E on 
5/23/02; Motion #16409 approving Conditional Use Application No. 2000.961C on 5/23/02; Motion #16421 
approving Section 309 Application No. 2000.790X on 6/6/02; Final Environmental Impact Report dated 
1/10/02; Case No. 2000.790EKXCTZM; companion measure to Files 021575, and 021577.) 

PASSED ON FIRST READING by the following vote: 

Ayes: 9 - Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Ammlano 
Excused: 1 - Daly 



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021577 [Planning Code Amendments in connection with 888 Howard Street Hotel Project] 
Supervisors Daly, Sandoval, McGoldrick, Maxwell 

Ordinance amending the San Francisco Planning Code by amending Sections 102.9, 123, Table 124 and 
Section 138 and by adding new Section 247, to create a C-3-S(SU) Downtown Support Special Use District 
within the C-3-S zoning district to allow development of a Hotel Project with a basic and maximum floor area 
ratio (after purchase of all market-rate, available Transfer Development Rights within the C-3-S zoning district 
or contribution of an equivalent amount of money under specified conditions) of 7.5 to 1, to include the new C- 
3-S(SU) zoning district within the definition of "gross floor area" and to provide that the minimum open space 
requirement for the new C-3-S(SU) zoning district is one square foot for every 50 gross square feet of uses; 
adopting findings. (Planning Department) 

PASSED ON FIRST READING by the following vote: 

Ayes: 9 - Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Noes: 1 - Ammiano 
Excused: 1 - Daly 

031497 [Extending deadlines by ten days for scheduling and/or deciding appeals under Planning Code Section 
308.1 when the Board does not conduct at least three regular meetings during a deadline period] 
Supervisors Gonzalez, McGoldrick, Maxwell, Daly 

Ordinance amending San Francisco Planning Code Section 308.1 to extend deadlines by ten days, from 30 days 
to 40 days, for scheduling and/or deciding appeals under Section 308.1 when the Board of Supervisors does not 
conduct at least three regular meetings during a deadline period. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Excused: 1 - Daly 



ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdullah Megaheed; Happy holiday wishes; general issues 

Vernon Jenkins; general issues 

John Dedonna; Sr. Bernard arrested issues 

Ms. Detoy, AFL-CIO Representative; Employee Free Choice 

Male Speaker; First Amendment issue; against Item 34 on the Without Reference to Committee Agenda 

Bob Kasel; waterfront issues 

Richard Robinson; assist to renovate property 

Rusty Holden; process of PG&E installation of power lines 



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 Supen'isor may require any resolution to go to committee. 



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031890 [Extension of Grant Agreement] 
Supervisor Daly 

Resolution authorizing the Director of Public Works or his designee to apply for one-year extensions of 
Federal and State grants expiring on June 30, 2004. 



Resolution No. 
ADOPTED 



760-03 



031891 [Extension of Planning Commission Review Period] 
Supervisor Gonzalez 

Resolution extending for 45 additional days the prescribed time within which the Planning Commission may 
render its decision on a proposed ordinance to amend the San Francisco Planning Code by adding section 
703.3 and by amending section 182 to make findings as to the need to regulate formula retail uses, to define 
formula retail uses, prohibit formula retail uses in the Hayes-Gough Neighborhood Commercial District and in 
the Neighborhood Commercial Cluster Districts at Cole and Carl Streets and Parnassus and Stanyan Streets, to 
require any building permit application for a formula retail use to comply with the notice and design review 
procedures of section 3 12 of the Planning Code, to provide that the burden to prove that a use is not a formula 
retail use rests with the building permit applicant or holder, and to provide that nonconforming uses in 
Residential Districts which are seeking to change in use to retail sales activity or retail sales establishment 
which is also a formula retail use must comply with the provisions of Section 703.3, and making findings of 
consistency with the priority policies of Planning Code Section 101.1 and the General Plan. 

Resolution No. 770-03 
ADOPTED 

031892 [Commending Nancy Warren] 
Supervisors Maxwell, Newsom 

Resolution commending Nancy Warren for her work to manage and prevent asthma in San Francisco and for 
her support to the San Francisco Asthma Task Force and proclaiming the 24th of November as Nancy Warren 
Day. 

Supervisor Newsom requested to be added as a co-sponsor. 

Resolution No. 772-03 

ADOPTED 

031893 [Gun Shows at Cow Palace] 
Supervisor Sandoval 

Resolution urging the state to take appropriate action to ban gun shows at Cow Palace. 

Resolution No. 771-03 
ADOPTED 

031894 [Declaration of November 4, 2003 Election Results] 

Resolution declaring the results of the November 4, 2003 Consolidated Municipal Election. (Elections 
Department) 

Resolution No. 761-03 
ADOPTED 



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031870 [Needle Exchange Emergency] 

Supervisors Animiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

Motion No. M03-201 

APPROVED 



The foregoing items were acted upon by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval 
Absent: 1 - Hall 
Excused: 1 - Daly 



OFF-AGENDA LEGISLATION 



Introduced by Supervisors or Mayor 



Ordinances 

031930 [Planning Code Amendments - The Old Mint] 
Supervisor Peskin 

Ordinance amending the San Francisco Planning Code by amending Section 128 to allow a City-owned 

landmark in a P (Public) zoning district that is adjacent to properties zoned C-3 (Downtown Commercial) to 

sell Transferable Development Rights and by amending Section 149 to authorize the landmark to receive 

artwork contributions in order to finance rehabilitation and restoration of the exterior of the property; adopting 

findings. 

1 1/25/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 12/25/2003. 

031931 [Funding for irrigation and mitigation improvements for the Sunol Valley Golf Course] 
Supervisor Sandoval 

Ordinance appropriating $2,500,000 from the Water Fund Balance for irrigation and mitigation for the Sunol 
Valley Golf Course in fiscal year 2003-04. 

(Fiscal impact.) 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



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031932 [Restricting the sale of large caliber firearms, requiring reporting of firearm thefts, and deleting 
obsolete provisions regulating firearms sales] 

Supervisor Gonzalez 

Ordinance amending the Police Code by amending Sections 613.1 and 613. 10 to delete requirements relating 
to "Saturday Night Specials" and security practices for firearms dealers that have been superseded by state law; 
amending Section 613.3 to require the Chief of Police to conduct a background check on applicants for a 
firearms dealer license; amending Section 613.10-1 to restrict the sale of large caliber firearms, and adding a 
new section 619, requiring owners of firearms to report the loss or theft of a firearm to the Police Department. 
1 1/25/03, ASSIGNED UNDER 30 DAY RULE to City Services Committee, expires on 12/25/2003. 

031933 [Parking Meter Rates] 

Supervisors Peskin, Ammiano, McGoldrick 

Ordinance repealing increase in parking meter rates in parking meter area number three, as defined in Article 
12 of the San Francisco Traffic Code, Section 203.3. 

(Fiscal impact.) 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031934 [City-owned cars assigned to the District Attorney] 
Supervisor Peskin 

Ordinance amending Administrative Code Section 4.1 1 to include employees of the District Attorney's Office 
in the category of employees who may drive city-owned vehicles to and from their residence and to limit the 
number of such vehicles assigned to the District Attorney to eight (8). 
1 1/25/03, RECEIVED AND ASSIGNED to Rules Conmiittee. 

031937 [City Hall - City Hall Preservation Advisory Commission] 
Supervisor Peskin 

Ordinance amending the San Francisco Administrative Code to add section 5.240 establishing the City Hall 

Preservation Advisory Commission. 

1 1/25/03, RECEIVED AND ASSIGNED to Rules Committee. 

Resolutions 

031923 [Certification to Accompany Application for State Grant for construction of an Ingleside Branch 
Library] 
Mayor, Supervisors Sandoval, Daly, Hall 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 
scheduled for consideration at the December 10, 2003 meeting. 



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031924 [Certification to Accompany Application for State Grant for construction of a new Ortega Branch 
Library] 

Mayor, Supervisor Ma 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 
scheduled for consideration at the December 10, 2003 meeting. 

031925 [Certification to Accompany Application for State Grant for construction of a Portola Branch Library] 
Mayor, Supervisor Maxwell 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 
scheduled for consideration at the December 10, 2003 meeting. 

031926 [Certification to Accompany Application for State Grant for Richmond Library Expansion and 
Renovation] 

Mayor, Supervisor McGoldrick 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 
scheduled for consideration at the December 10, 2003 meeting. 

031927 [Certification to Accompany Application for State Grant for construction of a Visitacion Valley Branch 
Library] 

Mayor, Supervisor Maxwell 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 
scheduled for consideration at the December 10, 2003 meeting. 

031928 [Lease of Property] 
Supervisors Peskin, Daly 

Resolution authorizing a 25-year Lease of San Francisco Public Utilities Land between the City and County of 
San Francisco and Sunol Valley Golf & Recreation Co., in Alameda County. 

(Fiscal impact; Public Benefit Recipient.) 

1 1/25/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be 

scheduled for consideration at the December 3, 2003 Special Meeting. 



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031929 [San Francisco Law Library Justice Center] 
Mayor, Supervisor Gonzalez 

Resolution in support of the San Francisco Law Library Justice Center at 525 Golden Gate Avenue. 
1 1/25/03, RECEIVED AND ASSIGNED to City Services Committee. 

031938 ["STOP" Intersection] 
Supervisor Nevvsom 

Resolution designating Jefferson and Webster intersection as a one-way "STOP" intersection. 

1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 

031939 [Universal Declaration of Human Riglits and the Employee Free Choice Act: HR3619] 
Supervisors Sandoval, Maxwell, Gonzalez, Ma 

Resolution urging San Francisco employers to abide by the Universal Declaration of Human Rights and urging 
the 108th United States Congress to pass the Employee Free Choice Act. 

1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031940 [Prevailing Wage Law] 
Supervisor Ma 

Resolution supporting the California Legislature's conclusion that the prevailing wage law addresses statewide 

concerns. 

1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 

031941 [Commending Raoul Wallenberg] 
Supervisors Sandoval, Peskin, Ma, Dufty 

Resolution commending the Raoul Wallenberg Jewish Democratic Club for providing a strong voice for the 
Jewish community in local politics and within the larger Democratic Party for the last twenty years. 
1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031942 [Emergency Communications Department Annual Report] 
Supervisor Ma 

Resolution approving the printing of not more than 100 hard copies of the Emergency Communications 
Department Annual Report for FY 2002-2003. 

(No Public Benefit Recipient.) 

1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 



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031943 [Designation of 2550 Mission Street, the New Mission Theater, as a Landmark] 
Supervisors Anuniano, Daly 

Resolution initiating the designation of 2550 Mission Street, the New Mission Theater, Block 3616, Lot 007, as 
a landmark pursuant to Section 1004.1 of the Planning Code. 

1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

031944 [Traffic Regulation - Maiden Lane] 
Supervisor Peskin 

Resolution Enacting "Street Closed To Vehicular Traffic" Regulation on Maiden Lane, Between Stockton and 
Kearny Streets, From 1 1 A.M. to 6 P.M., Every Day Including Holidays. 

1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

Requests for Hearing 

031935 [Pedestrian safety in Visitacion Valley] 
Supervisor Maxwell 

Hearing to address pedestrian safety in Visitacion Valley. The Police Department, Department of Parking and 
Traffic, MUNI, Department of Public Works and other City departments, in addition to neighborhood 
organizations will be invited to outline their response to pedestrian safety issues plaguing this area and to make 
recommendations to the Board of Supervisors as to what actions the Board can take to support and augment 
their efforts. 
1 1/25/03, RECEIVED AND ASSIGNED to City Services Committee. 

031936 [Citizens Advisory Committee for the Natural Areas Program] 
Supervisor Gonzalez 

Hearing to consider the work of the Citizens Advisory Committee for the Natural Areas Program. 
1 1/25/03, RECEIVED AND ASSIGNED to Rules Committee. 

Motions 

031922 [Needle Exchange Emergency] 

Supervisors Ammlano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



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031945 [Preparation of written Proponent ballot arguments and rebuttal ballot arguments for Charter 

Amendments approved by the Board of Supervisors for submittal to the voters at the March 2, 2004 

Election] 

Supervisor Gonzalez 

Motion authorizing preparation of written Proponent ballot arguments and rebuttal ballot arguments for Charter 
Amendments approved by the Board of Supervisors for submittal to the voters at the March 2, 2004 election 
1 1/25/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



PROPOSED ORDINANCES 



031839 [Sidewalk Parking Fine Increase] 

Ordinance amending Article 7, Section 132 of the San Francisco Traffic Code, to increase the fine for sidewalk 
parking from $75.00 to $100.00 as of January 1, 2004, in accordance with Resolution No. 648-01, adopted 
August 17, 2001; to update the fine for stopping on a freeway because of the repeal of Vehicle Code Section 
25220 and enactment of Vehicle Code Section 21718; and to make various editorial changes to clarify the 
Penalty Schedule. (Parking and Traffic Department) 

(No Public Benefit Recipient.) 

1 1/13/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

11/17/03, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review. 

031855 [Settlement of Lawsuit - Poppie Kouremetis] 

Ordinance authorizing the settlement of lawsuit filed by Poppie Kouremetis against the City and County of San 
Francisco for $95,000; the lawsuit was filed on May 13, 2002, in San Francisco Superior Court and was 
removed to United States District Court, Case No. C02-02980 MEJ, entitled Kouremetis v. City and County of 
San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

1 1/17/03, RECEIVED AND ASSIGNED to Rules Committee. 



PROPOSED RESOLUTIONS 

031836 [Contracting out Status OfTender Shelter and Intake Services] 
Supervisor Dufty 

Resolution concurring with the Controller's certification that Intake and Shelter Services to Status Offenders 
can be practically performed by private contractor for lower cost than similar services performed by City and 
County employees. (Juvenile Probation Department) 

(Public Benefit Recipient.) 

1 1/13/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 



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031843 [HIV risk behavior surveillance among men wlio liave sex with men] 
Supervisors Dufty, Ammiano 

Resolution authorizing the San Francisco Department of Pubhc Health (SFDPH), to accept retroactively and 
expend a grant in the amount of $172,882 from the Centers for Disease Control and Prevention (CDC) for HIV 
risk behavior surveillance among men who have sex with men and to enter into an agreement for the use of 
these funds; for the period of September 30, 2003 to September 29, 2004. (Public Health Department) 

(Public Benefit Recipient.) 

1 1/13/03, RECEIVED AND ASSIGNED to City Services Committee. 



031852 [Accept-Expend Federal/State Grant 
Supervisor Dufty 



Victim/ Witness Assistance Program] 



Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $562,287 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Victim/Witness Assistance Program." (District 
Attorney) 

(No Public Benefit Recipient.) 

1 1/14/03, RECEIVED AND ASSIGNED to City Services Committee. 



031853 



[Accept-Expend Federal Grant 
Supervisor Dufty 



Threat Management/Stalking Vertical Prosecution Program] 



031854 



Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $140,000 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Threat Management/Stalking Vertical Prosecution 
Program." (District Attorney) 

(No Public Benefit Recipient.) 

1 1/14/03, RECEIVED AND ASSIGNED to City Services Committee. 

[Accept-Expend Grant - Violence Against Women Vertical Prosecution Program] 
Supervisor Dufty 

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to 
retroactively accept and expend a grant in the amount of $108,812 through the California Office of Criminal 
Justice Planning for the operation of a program entitled "Violence Against Women Vertical Prosecution 
Program." (District Attorney) 

(No Public Benefit Recipient.) 

1 1/14/03, RECEIVED AND ASSIGNED to City Services Committee. 



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Requests Granted 

From: Supervisor Hall 

To: Public Utilities Commission 

To: Department of Environment 

To: Recreation and Park Department 

To: Department of Public Works 

Requesting/Inquiring: What steps have been taken, to create one position within the Department of 

Environment, to be funded by all four Departments (Public Utilities Commission, Department of Environment, 

Recreation and Park Department, Department of Public Works), that will be responsible for all Ocean Beach 

issues? 



From: Supervisor Hall 

To: City Attorney 

Requesting/Inquiring: To draft a Charter Amendment altering the manner in which a Mayor may appoint a 

member of the Board of Supervisors "Acting Mayor". 

In Memoriams 

Margaret Singer (Supervisors Dufty, Maxwell, Peskin) 
Luiz C. Rebeiro (Supervisors Dufty, Ma) 
Michael O. Gutierrez (Supervisor Dufty) 
Lawrence A. Smookler (Supervisor Ma) 



ADJOURNMENT 



Tliere being no further business, the Board at the hour of 4:38 p.m. adjourned. 

Gloria L Young, Clerk of the Board 

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 January 13, 2004. 

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. 



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Gloria L. Young 
Clerk of the Board 



City and County of San Francisco 1257 Printed at 2:44 PM on 1/9/2004 



BOARD OF SUPERVISORS 
CITY AND COUNTY OF SAN FRANCISCO 

City Hall, 1 Dr. Carlton B. j 

Goodlett Place DOCUMENTS DEPT. 

San Francisco, CA 94102-4689 uuou.vi 



MEETING MINUTES 



APR - 2 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



Tuesday, December 16, 2003 2:00 PM 

Legislative Chamber - Second Floor 

City Hall, 1 Dr. Carlton B. Goodlett Place 

San Francisco, CA 94102-4689 

Regular Meeting 

MATT GONZALEZ, PRESIDENT 

TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL, 

FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK, 

GA VIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL 

Gloria L. Young, Clerk of the Board 

BOARD COMMITTEES 
Committee Membership Meeting Days 

Budget Committee Thursday 

Supervisors Daly, Maxwell. Peskin 'O'^^ ^^ 

City and School District Select Committee 2nd Monday, bi-monihly 

Chair Maxwell, Supervisor Ammiano, Supervisor Ma, Commissioner Cruz, Commissioner Sanchez, Co 

City Services Committee Thursday 

c r, f. k^ M 9:30 AM 

Supervisors Dufty, Ma, Newsom 

Finance and Audits Committee Wednesday 

Supervisors Peskin, Sandoval, McGoldrick 

Land Use Committee Monday 

Supervisors McGoldrick, Maxwell, Ammiano P 

Rules Committee Wednesday 

Supervisors Hall, Dufty, Gonzalez ' ^'^^ ^^ 



First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee. 

Volume 98 Number 41 



Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 

Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, 
Sophie Maxwell, Jake McGoldrick, Aaron Peskin, Gerardo Sandoval. 



ROLL CALL AND PLEDGE OF ALLEGIANCE 

TJie meeting was called to order at 2:07 p.m. On the call of the roll Supervisor Newsom was noted absent. 
Supervisor Newsom was excused from attending meeting. (See Infra) 
Quorum present. 

APPROVAL OF MEETING MINUTES 



Supervisor Dufty, seconded by Supervisor Peskin, moved to approve November 18, 2003 Meeting Minutes. The 
motion carried by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Newsom 



CONSENT AGENDA 



Recommendations of the Finance and Audits Committee 

031747 [Revising permit fee and planning review surcharges applicable to permits and review activities subject 
to review by the Board of Appeals] 
Supervisors Peskin, Dufty 

Ordinance amending the Administrative Code by amending Section lOG.l to correct erroneous Planning and 
Building Code citations, revising permit surcharges on permits issued by the Department of Building 
Inspection, the Taxi Commission, the Police Department and the Department of Public Works permits where 
such permits are subject to appeal before the Board of Appeals, revising the surcharge on fees imposed by the 
Planning Department for review of permits where such permits are subject to appeal before the Board of 
Appeals, and making environmental findings. 

Ordinance No. 282-03 
FINALLY PASSED 



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031962 [Contracting Out Own Recognizance, Pretrial Diversion, and Misdemeanant Services] 

Resolution approving the Controller's certification that own recognizance release, pretrial court diversion, and 
supervised misdemeanant services provided to arrested persons in the City and County of San Francisco can be 
practically performed by private contractors at a lower cost for the year commencing July 1 , 2003 than if work 
were performed by City and County employees. (SherifQ 

(Public Benefit Recipient.) 

Resolution No. 809-03 
ADOPTED 

Recommendations of the Rules Committee 

031790 [Settlement of Lawsuit - Mamei Wei] 

Ordinance authorizing settlement of the lawsuit filed by Mamei Wei against the City and County of San 
Francisco and Ray Contreras for $250,000; the lawsuit was filed on December 20, 2002 in U.S. District Court 
for the Northern District of California, Case No. C02-5887 TEH entitled Mamei Wei v. City and County of San 
Francisco and Ray Contreras. (City Attorney) 

(Public Benefit Recipient.) 

Ordinance No. 283-03 
FINALLY PASSED 

03 1 799 [Settlement of Lawsuit - Curtis McGiothin] 

Ordinance authorizing settlement of the lawsuit filed by Curtis McGiothin against the City and County of San 
Francisco for $165,000; the lawsuit was filed on August 7, 2002 in San Francisco Superior Court, Case No. 
411-241; entitled Curtis McGiothin, et al., v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

Ordinance No. 285-03 
FINALLY PASSED 

031807 [Settlement of Lawsuit - Teresa Lau] 

Ordinance authorizing settlement of the lawsuit filed by Teresa Lau against the City and County of San 
Francisco for $93,500; the lawsuit was filed on September 27, 2001 in San Francisco Superior Court, Case No. 
324-939; entitled Teresa Lau, et al., v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 

Ordinance No. 284-03 
FINALLY PASSED 

031855 [Settlement of Lawsuit - Poppie Kouremetis] 

Ordinance authorizing the settlement of lawsuit filed by Poppie Kouremetis against the City and County of San 
Francisco for $95,000; the lawsuit was filed on May 13, 2002, in San Francisco Superior Court and was 
removed to United States District Court, Case No. C02-02980 MEJ, entitled Kouremetis v. City and County of 
San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 
PASSED, ON FIRST READING 



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031912 [Settlement of Lawsuit - Leo Rivkin] 

Ordinance authorizing settlement of the lawsuit filed by Leo Rivkin against the City and County of San 
Francisco for $1 10,000; the lawsuit was filed on February 22, 2001 in San Francisco Superior Court, Case No. 
319-085; entitled Leo Rivkin, et al., v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 
PASSED, ON FIRST READING 

031913 [Settlement of Lawsuit - Janet Prieto] 

Ordinance authorizing settlement of the lawsuit filed by Janet Prieto against the City and County of San 
Francisco for $85,000; the lawsuit was filed on January 2, 2002 in the San Francisco Superior Court, Case No. 
403048; entitled Janet V. Prieto v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 
PASSED, ON FIRST READING 

031946 [Settlement of Lawsuit - Billy Clark] 

Ordinance authorizing settlement of the lawsuit filed by Billy Clark against the City and County of San 
Francisco for $50,000; the lawsuit was filed on November 16, 2001 in San Francisco Superior Court, Case No. 
401-372; entitled Billy Clark v. City and County of San Francisco, et al. (City Attorney) 

(Public Benefit Recipient.) 
PASSED, ON FIRST READING 



031576 [Appointment] 

Resolution appointing LeConte Dill and Gloria Thornton, terms ending June 30, 2005 to the Asthma Task 
Force. Residency requirement waived. 

LeConte Dill, (residency requirement waived) succeeding Ann Togia, resigned, seat 1, must be a representative 
of a community-based organization that provides advocacy related to asthma issues in San Francisco and is a 
voting member; for the unexpired portion of a two year term ending June 30, 2005. 

Gloria Thornton, succeeding Carla Furtado, resigned, seat 1 1, must be a representative of MediCal Managed 
Care Insurers and is a voting member, for the unexpired portion of a two year term ending June 30, 2005. 



Resolution No. 
ADOPTED 



799-03 



The foregoing items were acted upon by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Newsom 

Severed from Consent Agenda 

Supervisor Peskin requested that this matter be severed so that it could be considered separately. 



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031882 [Review of Concession Opportunity] 
Supervisor Peskin 

Resolution authorizing the Director of the Department of Administrative Services to issue a request for 
proposals for the award of an agreement for use of sites owned or occupied by the City and County of San 
Francisco for beverage vending services. 

Supervisor Peskin, seconded by Supervisor Maxwell, moved that this Resolution be RE-REFERRED to the Finance 
and Audits Committee. The motion carried by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Newsom 



Siipenisor Daly requested the following items be severed so that they could he considered separately. 

031923 [Certincation to Accompany Application for State Grant for construction of an Ingleside Branch 
Library] 

Mayor, Supervisors Sandoval, Daly, Hal! 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

Super\'isor Hall requested to be added as a co-sponsor. 

Resolution No. 804-03 

ADOPTED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Daly 
Absent: 1 - Newsom 

031924 [Certification to Accompany Application for State Grant for construction of a new Ortega Branch 
Library] 

Mayor, Supervisor Ma 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

Resolution No. 805-03 

ADOPTED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Daly 
Absent: 1 - Newsom 

031925 [Certification to Accompany Application for State Grant for construction of a Portola Branch Library] 
Mayor, Supervisor Maxwell 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

Resolution No. 806-03 

ADOPTED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Daly 
Absent: 1 - Newsom 



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031926 [Certification to Accompany Application for State Grant for Richmond Library Expansion and 
Renovation] 

Mayor, Supervisor McGoldrick 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

Resolution No. 807-03 

ADOPTED by the following vote: 

Ayes: 9 - Ammiano, Dully, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Daly 
Absent: 1 - Newsom 

031927 [Certification to Accompany Application for State Grant for construction of a Visitacion Valley Branch 
Library] 

Mayor, Supervisor Maxwell 

Resolution certifying project budget, local funding, supplemental funding and public library operations 
pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation 
Bond Act of 2000. 

Resolution No. 808-03 

ADOPTED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Daly 
Absent: 1 - Newsom 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 



NEW BUSINESS 



REGULAR AGENDA 



Recommendations of the Finance and Audits Committee 

031716 [Airport Lease Disposition and Development Agreement and Lease] 
Supervisor Hall 

Resolution approving the Lease Disposition and Development Agreement and Lease of Plot 9 between Airis 
SFO, LLC and the City and County of San Francisco, acting by and through its Airport Commission. (Airport 
Commission) 

(Fiscal impact; No Public Benefit Recipient.) 

The Board reviewed this matter with the Budget Analyst and a Member of the Airport Commission. 

Supervisor Sandoval, seconded by Supervisor Ma, moved to refer this matter to Committee. 

Motion failed by the following vote: 

Ayes: 5 - Dufty, Hall, Ma, Maxwell, Sandoval 

Noes: 5 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin 

Absent: 1- Newsom 

Supervisor Hall, seconded by Supervisor Maxwell, moved to continue to January 27, 2004. 

Motion failed by the following vote: 

Ayes: 4 - Dufty, Hall, Ma, Maxwell 

Noes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval 

Absent: 1 - Newsom 

NOT ADOPTED by the following vote: 

Ayes: 4 - Dufty, Hall, Ma, Sandoval 

Noes: 6 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin 

Absent: 1 - Newsom 



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031828 [Airport Revenue Bonds] 

Resolution approving the issuance of up to $225,000,000 additional aggregate principal amount of San 
Francisco International Airport Second Series Revenue Refunding Bonds for the purpose of refinancing 1991 
Resolution Bonds and Subordinate Bonds of the Airport Commission; Approving the issuance of San Francisco 
International Airport Second Series Variable Rate Revenue Bonds for the purpose of financing or refinancing 
certain capital improvements at San Francisco International Airport, including by refunding outstanding 1991 
Resolution Bonds and Subordinate Bonds of the Airport Commission; Approving the maximum interest rates 
thereon; Approving the forms of certain documents relating to the Bonds; Approving XI Capital Assurance Inc. 
as a provider of bond insurance and reserve fund Surety Bonds and the forms of certain documents relating 
thereto; and Approving certain amendments to the 1991 Master Resolution. (Airport Commission) 

Resolution No. 800-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



031884 [Expend Federal Funds 
Mayor 



Fiscal Year 2003 Lead Hazard Reduction Demonstration Grant Program] 



Resolution authorizing the Mayor of the City and County of San Francisco to expend a grant from the U.S. 
Department of Housing and Urban Development for lead-based paint hazard reduction in a total amount not to 
exceed $2,600,000, which includes indirect costs of $30,000. 

(No Public Benefit Recipient.) 

Supervisor Sandoval, seconded by Supervisor Daly, moved that this Resolution be RE-REFERRED to the Finance 
and Audits Committee. The motion carried by the following vote: 

Ayes: 7 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, Sandoval 
Noes: 2 - McGoldrick, Peskin 
Absent: 1 - Hall 
Excused: 1 - Newsom 

Recommendations of the Land Use Committee 

031701 [Distribution of literature by a residential tenant in a building to other tenants in the building, regarding 
matters of common interest or concern to the tenancies] 
Supervisors Peskin, Daly, McGoldrick, Gonzalez, Sandoval, Ammiano 

Ordinance adding Administrative Code Chapter 49A "Residential Tenant Communications" regarding a 
residential tenant's permissible use of common areas to distribute literature to other tenants in the building, 
including literature distributed on behalf of a tenants' association or other tenants' organization, where the 
literature relates to issues of common interest or concern to the building's tenancies; distribution may include 
placement of literature on or in front of tenant doors, with the distributor's name/address/telephone number 
plainly included for any tenant to opt out of future doorway distributions; and, the landlord may establish other 
reasonable requirements as to the time, place, manner, and volume, of such literature distribution. 

Super\'isors Daly, McGoldrick and Gonzalez requested to be added as co-sponsors. 

PASSED ON FIRST READING by the following vote: 

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 1 - Hall 
Excused: 1 - Newsom 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 



031832 [Designating 2926-2948 16th Street, the Labor Temple/Redstone Building, As a Landmark Under 
Planning Code Article 10] 
Supervisors Daly, Peskin, Gonzalez 

Ordinance Designating 2926-2948 16th Street, the Labor Temple/Redstone Building, As Landmark No. 238 
pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department) 

(No Public Benefit Recipient.) 

Supervisors Peskin and Gonzalez requested to be added as co-sponsors. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 

031566 [Interim Controls Regulating Certain Industrially-Zoned Properties on Third Street Between Islais 
Creek and Paul Avenue] 
Supervisors Maxwell, Gonzalez 

Resolution adopting interim controls that would subject the following properties on Third Street between Islais 
Creek and Paul Avenue, which are currently zoned M (Industrial), to the more restrictive controls of NC-3 
(Moderate-Scale Neighborhood Commercial) for a period of twelve months: Assessor's Block 4501, Lots 001, 
003, 004, and 005; Block 4881, Lots 012, 018, 022, and 024; Block 4912, Lot 006; Block 4940, Lots 012A, 
012B, and 024; Block 521 1, Lots 027 and 028; Block 5217, Lot 001; Block 5225, Lot 010; Block 5226, Lots 
025, and 028; Block 5235, Lots 003 and Oil; Block 5242, Lots 021, 022, 023, 024, and 042; Block 5253, Lots 
003, 008, 029, 030, 031, 032, 033, and 034; Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036; Block 
5272, Lots 045 and 048; Block 5279, Lots 001, 002 and 003; Block 5414, Lots 005, 006, 007, 008, 025, 026, 
027, 028, and 030; Block 5418, Lots 001, 002, and 010; Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 
016, 017, and 018; Block 5421, Lot Oil; Block 5429, Lot 002; Block 5431 A, Lots 001, OOIM, OOIU, 001 V, 
and 004; adopting findings pursuant to Planning Code Section 101.1. 

Supen'isor Gonzalez requested to be added as a co-sponsor. 

Resolution No. 820-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 

Recommendations of the Rules Committee 

031503 [New administrative debarment procedure] 
Supervisors Peskin, McGoldrick, Gonzalez 

Ordinance adding a new Chapter 28 to the San Francisco Administrative Code to establish a City-wide 
administrative debarment procedure; amending Chapter 6 of the Administrative Code to reflect the adoption of 
the new Chapter 28. 

Supervisors McGoldrick and Gonzalez requested to be added as co-sponsors. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 



031534 [Appointment] 

Resolution appointing F.X. Crowley, term ending January 31, 2005, to the Golden Gate Bridge, Highway and 
Transportation District. 

F.X. Crowley, succeeding Robert McDonnell, deceased, seat 2, represents public at large, subject to review and 
affirmation by the Board of Supervisors in January of each odd-numbered year, for the unexpired portion of a 
two-year term ending January 31, 2005. 

Supervisor Dufty dissenting in committee. 

Continued to January 13, 2004 

Supervisor Ammiano, seconded by Supervisor McGoldrick, moved that this Resolution be CONTINUED. The 
motion carried by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 

Excused: 1 - Newsom 

031864 [Appointment, Public Utilities Commission] 

Motion approving the Mayor's appointment of Ryan Brooks to the Public Utilities Commission, for the term 
ending January 15, 2004. (Mayor) 

Charter Section 3.100-17 provides that the Board of Supervisors has the authority to reject the appointment by 
two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of 
appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day 
period shall result in the appointee continuing to serve as appointed. 
Transmittal date - November 20, 2003. 

Supervisor Daly discussed with the City Attorney the issues relating to the appointment process and validity of 
the appointment. 

Supervisor Gonzalez reviewed with the Deputy City Attorney the process regarding a member not voting on an 
item if present in the Chamber. 
Motion No. M03-219 

APPROVED by the following vote: 

Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Daly 
Excused: 1 - Newsom 



Recess 

The Board recessed at the hour of 3:40 p.m. 

Reconvening of the Board 

The Board at the hour of 3:45 p.m. reconvened. 

Calling the Roll 

On call of the roll, the following Supervisors were noted present: 

Supervisors Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, McGoldrick, Peskin, Sandoval - 9 

Quorum present. 

Superx'isor Maxwell noted present at 3:52 p.m. 

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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 



SPECIAL ORDER 3:30 P.M - Recognition of Commendations 



Privilege of the Floor 

Supervisor Hall, seconded by Supervisor Dufty, 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: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



Supervisor Hall introduced, welcomed and presented a Certificate of Honor to Karin Carlson, Mayor's Board 
Liason. 

Mayor Willie Brown, Jr. spoke in the recognition of Ms. Carlson. 
031999 [Third Annual Youth Recognition Day] 

Third Annual Youth Recognition Day Presentation. (Clerk of the Board) 

Speakers: 

Jesse Cottrell, Chair of the San Francisco Youth Commission 

Commissioner Mar, Member of the Board of Education 

Britt Benson (Supen'isor Ma) 

Jasmine Marshall (Supervisor Maxwell) 

Robert Daniel Wong (Supervisor McGoldrick) 

Daniel Panko (Supervisor Newsom) presented by Supervisor Dufty 

Melanie Lee Seto (Supervisor Peskin) 

Ricardo Iraheta (Supervisor Sandoval) 

Vinia Ramos-Castro (Supervisor Ammiano) 

Andy Shie Kee Wong (Supervisor Daly) 

Antonio Alonzo Ayala (Supervisor Dufty) 

Deborah Falch (Supervisor Hall) 

Marquez Shaw (Supervisor Gonzalez) 

FILED. 



SPECIAL ORDER 4:00 P.M. 



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031888 [Public Hearing] 

Hearing of persons interested in or objecting to proposed Resolution establishing the modification and renewal 
of an assessment district icnown as the Union Square Business Improvement District, ordering the levy and 
collection of assessments against property located in that district for fiscal years 2004-2005 through 2008- 
2009, approving an agreement with the Union Square Business Improvement District, Inc. to provide services 
within the District, repealing Resolution No. 1066-98, creating the Union Square Business Improvement 
District Advisory Board, and making environmental findings. (Clerk of the Board) 

(Companion measure to File 031815.) 

Supporting Union Square Business Improvement District 

Leigh Ann Baughman, Union Square 

Mary McCue, Yerba Buena Gardens 

Anson Lee, Ellis - O'Farrell Parking Corporation 

Wes Tyler, Chancellor Hotel 

Ken Cleaveland, BOMA/SF 

Opposing Union Square Business Improvement District 

David Blatteis, P.T. Huo Corporation, unfair tax should be based on property size 

The President declared the Public Hearing Closed. 

Representative of the Department of the Elections gave the results of the Election. 

HEARD AT PUBLIC HEARING. 

031815 [Modification and renewal of the Union Square Business Improvement District] 
Supervisor Peskin 

Resolution establishing the modification and renewal of an assessment district known as the Union Square 
Business Improvement District, ordering the levy and collection of assessments against property located in that 
district for fiscal years 2004-2005 through 2008-2009, approving an agreement with the Union Square 
Business Improvement District, Inc. to provide services within the District, repealing Resolution No. 1066-98, 
creating the Union Square Business Improvement District Advisory Board, and making environmental findings. 

(Fiscal impact.) 

Crispin Tirso, Department of the Elections, reported to the Board the results of the Union Square Business 
Improvement District Election. 

Supervisor Peskin, seconded by Supervisor Ammiano, moved an amendment of the whole. 
Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Resolution be AMENDED, AN 
AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



Resolution No. 798-03 

ADOPTED AS AMENDED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



Mike Farrah , Legislative Aide to Supervisor Newsom informed the Board that Supervisor Newsom was 
unable to attend today's meeting due to transition matters. Supervisor Newsom will be in attendance at the 
January 6, 2004 meeting 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 



Supervisor Newsom Excused from Attendance 

Supervisor Maxwell, seconded by Supervisor Uufty, moved to excuse Supervisor Newsom from attending today's 
meeting. The motion carried by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Newsom 

SPECIAL ORDER 4:30 P.M. 

031840 [Appeal, Final Mitigated Negative Declaration - 701 Lombard Street] 

Hearing of persons interested in or objecting to the decision of the Planning Department dated January 15, 
2003, approving a final mitigated negative declaration for the proposed condominium project located at 701 
Lombard Street, on Assessor's Block 074, Lot 001. (Appellant: Susan Brandt-Hawley, attorney, on behalf of 
Telegraph Hill Dwellers.) 

(Appeal filed November 6, 2003 by Susan Brandt-Hawley, attorney, on behalf of the Telegraph Hill Dwellers; 
companion measure to Files 031841, 031842, 031860, 031861, 031862, 031863.) 

The meeting was called to order at 2:07 p.m. On the call of the roll Supervisor Newsom was noted absent. 

Supervisor Newsom was excused from attending meeting. (See Infra) 

Quorum present. 

HEARD AT PUBLIC HEARING. 



Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, 
the negative declaration decision described above, you may be limited to raising only those issues you or 
someone else raised at the public hearing described in this notice, or in written correspondence delivered to 
the Board of Supervisors at, or prior to, the public hearing. 

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



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Tuesday, December 16, 2003 



031841 [Finding appeal of the negative declaration for 701 Lombard Street untimely] 

Motion finding the appeal of the negative declaration issued on January 15, 2003 for 701 Lombard Street not 
timely tiled. (Clerk of the Board) 

Speakers on the question of the timeliness of the filing of the appeal. 
Susan Brandt-Hawley, Attorney for appellant 
Jim Reuben, Attorney for project sponsor 

The Board reviewed with the Deputy City Attorney and Planning Department representatives the appeal 
process. 

Joe O'Donoghue. Residential Builders, support of project sponsor 

Mr. Demoulliear, support of project sponsor, Patricia Franklin, Brian O'Flynn, project sponsor, Sal 
Busalacchi, opposed to appeal, Paul Scott, President ofTelegrah Hill Dwellers, support of appeal, Starchild, 
Libertarian, opposed to appeal, Kerry Mallen, support of project sponsor, Male speaker, support of appeal. 
Chuck Clemens, support of project sponsor, female speaker, support of project sponsor, Joan Wood, support 
of appeal, Keith Wilson, support of project sponsor, female speaker, support of project sponsor, Rick Hills, 
Mr. Turner support of project sponsor 

The President declared the Public Hearing Closed. 

Rebuttal Period: 

Susan Brandt-Hawley, Attorney for the appellant 

TABLED by the folloving vote: 

Ayes: 6 - Ammiano, Daly, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 4 - Dufty, Gonzalez, Hall, Ma 
Excused: 1 - Newsom 



031842 [Finding the negative declaration appeal for 701 Lombard Street timely] 

Motion finding the appeal of the negative declaration issued on January 15, 2003 for 701 Lombard Street 
timely filed. (Clerk of the Board) 

Motion No. M03-207 

APPROVED by the following vote: 

Ayes: 6 - Ammiano, Daly, Maxwell, McGoldrick, Peskin, Sandoval 
Dufty, Gonzalez, Hall, Ma 



Noes: 4 ■ 
Excused: 1 



Newsom 



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

031861 [Affirm adoption of the negative declaration for 701 Lombard Street] 

Motion affirming Planning Department adoption of the final negative declaration for 701 Lombard Street. 
(Clerk of the Board) 

Supervisor Peskin, seconded by Supervisor Anuniano, moved that this Motion be TABLED. The motion carried by 
the following vote: 

Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval 
Noes: 4 - Dufty, Hall, Ma, Maxwell 
Excused: 1 - Newsom 



Cily and County of San Francisco 



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Tuesday, December 16, 2003 



031862 [Reversing adoption of the negative declaration for 701 Lombard Street] 

Motion reversing the Planning Department adoption of the final negative declaration for 701 Lombard Street. 
(Clerk of the Board) 



Motion No. 



M03-209 



Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Motion be APPROVED. The motion carried 
by the following vote: 

Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval 
Noes: 4 - Duffy, Hall, Ma, Maxwell 
Excused: 1 - Newsom 

031863 [Preparation of findings to reverse adoption of the negative declaration for 701 Lombard Street] 

Motion directing the Clerk of the Board to prepare findings reversing the Planning Department adoption of the 
negative declaration for 701 Lombard Street. (Clerk of the Board) 

Motion No. M03-210 

Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Motion be APPROVED. The motion carried 
by the following vote: 

Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval 
Noes: 4 - Duffy, Hall, Ma, Maxwell 
Excused: 1 - Newsom 

031860 [Preparation of findings related to the timeliness of the negative declaration appeal for 701 Lombard 

Street] 

Motion directing the Clerk of the Board to prepare findings related to the timeliness of the negative declaration 

appeal for 701 Lombard Street. (Clerk of the Board) 

Motion No. M03-208 

APPROVED by the following vote: 

Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval 
Noes: 4 - Duffy, Hall, Ma, Maxwell 
Excused: 1 - Newsom 



SPECIAL ORDER 4:30 P.M. 



031551 [Eminent Domain - Resolution of Necessity - 701 Lombard Street] 

Resolution authorizing acquisition of Lot 001 in Assessor's Block 0074 in San Francisco by Eminent Domain 
for the Neighborhood Park Bond and Open Space Programs, and adopting findings under City Planning Code 
Section 101.1. (Real Estate Department) 

Continued to January 13, 2004 

Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion 
carried by the following vote: 

Ayes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval 
Noes: 4 - Duffy, Hall, Ma, Maxwell 
Absent: 1 - Newsom 



SPECIAL ORDER 6:00 P.M. 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 

031905 [Public Hearing - Appeal of Categorical Exemption - 937-939 Jackson Street] 

Hearing of persons interested in or objecting to the decision of the Planning Department dated September 30, 
2003, approving a Certificate of Determination of Exemption/Exclusion from Environmental Review for the 
proposed condominium project located at 937-939 Jackson Street, on Assessor's Block 191, Lot 28. 
(Appellants: Rick Riley, Kevin Cheng, Deborah Goiten Goodyear, Irine Lew, Kwong Young Fong, Yick Q. 
Fong, Florence F. Wong, Lee Q. Fong, Grace S. Fong.) 

(Appeal filed November 17, 2003; companion measure to Files 031906, 031907, 031908.) 

Kevin Cheng. Appellant 

Support of appellant: 

Rick Riley, Elaine Jackson, Male Speaker, Kim Trong, Stella Chung, Edwin Wong, Roger Miller, Grace Wong, 

Female Speaker, Jesse Lai, Irene Lew 

Paul Maltzer, Environmental Officer, and Tammy Chan, Planning Department Representatives reviewed with 
the Board the Planning Commission's recommendation. 

Jim Reuben, Attorney for Project Sponsor 
Support of Project Sponsor 
Project sponsor, Brian O'Flynn 

The President declared the Public Hearing Closed. 
HEARD AT PUBLIC HEARING. 



Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, 
the categorical exemption described above, you may be limited to raising only those issues you or someone 
else raised at the public hearing described in this notice, or in written correspondence delivered to the Board 
of Supervisors at, or prior to, the public hearing. 

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

031906 [Affirming the categorical exemption issued for 937-939 Jackson Street] 

Motion affirming the determination by the Planning Department that the proposed project located at 937-939 
Jackson Street is categorically exempt from the California Environmental Quality Act as an in-fill development 
project and as a general rule exclusion. (Clerk of the Board) 

TABLED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Ammiano 
Excused: 1 - Newsom 

031907 [Disapproving the categorical exemption issued for 937-939 Jackson Street] 

Motion disapproving the determination by the Planning Department that the proposed project located at 937- 
939 Jackson Street is categorically exempt from the California Environmental Quality Act as an in-fiU 
development project and as a general rule exclusion. (Clerk of the Board) 

Motion No. M03-211 

APPROVED by the following vote: 

Ayes: 7 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval 
Noes: 3 - Dufty, Hall, Ma 
Excused: 1 - Newsom 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 



031908 [Preparation of Hndings to disapprove categorical exemption issued for 937-939 Jackson Street] 

Motion directing the Clerk of the Board to prepare findings disapproving the determination by the Planning 
Department that the proposed project located at 937-939 Jackson Street is categorically exempt from the 
California Environmental Quality Act as an in-fill development project and as a general rule exclusion. (Clerk 
of the Board) 

Motion No. M03-212 

APPROVED by the following vote: 

Ayes: 9 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Absent: 1 - Ammiano 
Excused: 1 - Newsom 



COMMITTEE REPORTS 

031901 [Proposed Expenditure of California Healthcare for Indigents Program (CHIP) funds for Fiscal Year 
2003-04] 
Supervisors Dufty, Gonzalez 

Resolution authorizing adoption of the County Description of Proposed Expenditure of California Healthcare 
for Indigents (CHIP) funds for Fiscal Year 2003-04 and that the President or duly authorized representative of 
the Board of Supervisors of the City and County of San Francisco can certify the County Description of 
Proposed Expenditure of CHIP funds for the Fiscal Year 2003-04. (Public Health Department) 

(No Public Benefit Recipient.) 

Supervisor Gonzalez requested to be added as a co-sponsor. 

Resolution No. 803-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 

031929 [San Francisco Law Library Justice Center] 
Mayor, Supervisor Gonzalez 

Resolution in support of the San Francisco Law Library Justice Center at 525 Golden Gate Avenue. 

Supervisor Gonzalez requested to be added as a co-sponsor. 
Continued to January 13, 2004 

Supervisor Daly, seconded by Supervisor Ammiano, moved that this Resolution be CONTINUED. The motion 
carried by the following vote: 

Ayes: 7 - Ammiano, Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Peskin 
Noes: 3 - Hall, Ma, Sandoval 
Excused: 1 - Newsom 



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Tuesday, December 16, 2003 



031881 [2004-2007 Children's Service Allocation Plan] 
Supervisors Daly, Maxwell 

Resolutinn approving the Children's Services Allocation Plan for the Children's Fund in accordance with 
Section 16.108 of the San Francisco Charter. 

Resolution No. 801-03 
ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 

Excused: 1 - Newsom 

031873 [Memorandum of Understanding - Police] 
Mayor 

Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San 
Francisco and the Municipal Executives Association (Police) to be effective July 1, 2003 through June 30, 
2005. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



031874 [Memorandum of Understanding 
Mayor 



Fire] 



Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San 
Francisco and the Municipal Executives Association (Fire) to be effective July 1, 2003 through June 30, 2005. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



031965 



[MOU- 
Mayor 



H-1 Fire Rescue Paramedics] 



Ordinance adopting and implementing the 2003-2005 Memorandum of Understanding between the H-1 Fire 
Rescue Paramedics, Service Employees International Union, Local 790 and the City and County of San 
Francisco, to be effective July 1, 2003 through June 30, 2005. 

PASSED ON FIRST READING by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 

03 1 897 [Grant of Federal Funds] 

Resolution authorizing the Municipal Transportation Agency to accept and expend $1,475,374 of New Start 
Federal Capital Assistance for the Third Street - Phase II, Central Subway project, excluding administrative 
overhead costs. (Municipal Transportation Agency) 

(No Public Benefit Recipient.) 

Resolution No. 802-03 

ADOPTED by the following vote: 

Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval 
Excused: 1 - Newsom 



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ROLL CALL FOR INTRODUCTIONS 



PUBLIC COMMENT 



Abdullah Megaheed; general issues 

Robert Pender, Park Merced issues 

Male Speaker, Tenderloin issues 

Joe O'Donoghue, Residential Builders, affordable housing issues 

Rusty Holden. support Item 58 

Bill Boreman, support Item 58 

Resident of Cow Hollow, support Item 58 

Resident of Cow Hollow, support Item 58 

Jackie Brison, SF Inner Faith Council, shelter for men only 

Male Speaker, general issues 



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. 

031978 [Japantown Task Force, Inc.] 
Supervisors Gonzalez, Peskin 

Resolution authorizing the San Francisco Redevelopment Agency to directly apply for and receive SB 307 
funds to allocate to the Japantown Task Force, Inc., a community organization, to define cultural preservation 
and to prepare the specific plan and be the community planning entity for San Francisco's Japantown, as 
defined in SB 307. 

Supervisor Peskin requested to be added as a co-sponsor. 

Resolution No. 810-03 

ADOPTED 

031982 [Public Hearing Approval] 
Supervisor Peskin 

Resolution approving the issuance and sale of revenue bonds by the ABAG Finance Authority for Nonprofit 
Corporations in an aggregate principal amount not to exceed $13,500,000 for On Lok Health Services and On 
Lok Community Housing, Inc. 

Resolution No. 811-03 
ADOPTED 



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032000 [Multi-Year Electricity Procurement] 
Supervisors Ammiano, Gonzalez, Peskin, Daly 

Resolution urging the California Public Utilities Commissioners not to authorize a multi-year Electricity 
Procurement for San Francisco Ratepayers. 

Supervisors Peskin, Gonzalez and Daly requested to he added as co-sponsors. 

Resolution No. 812-03 

ADOPTED 

032001 [Yellow Zone Conversion] 
Supervisor Ammiano 

Resolution urging the Department of Parking and Traffic to convert parking spaces located at 3286 and 3290 
Mission Street from metered yellow zones to standard metered parking. 

Resolution No. 813-03 
ADOPTED 

032002 [Pedestrian Safety and Speeding on State Highways] 
Supervisors Hall, Peskin 

Resolution urging the State Legislature to pass legislation increasing fines for speeding, running red lights, and 
other moving violations on state highways bisecting neighborhoods and other major thoroughfares designated 
by the local jurisdiction, and urging the State Legislature to set aside the revenue from these fines for 
pedestrian safety improvements. 

Super\>isor Peskin requested to be added as a co-sponsor. 

Resolution No. 814-03 

ADOPTED 

032003 [Chinese Exclusion Act] 
Supervisors Ma, Peskin, McGoldrick 

Resolution commemorating the 60th anniversary of the repeal of the Chinese Exclusion Act. 
Supen'isors Peskin and McGoldrick requested to be added as co-sponsors. 
Resolution No. 815-03 
ADOPTED 

032005 [Commending Seva Foundation] 
Supervisors McGoldrick, Peskin 

Resolution commending the contribution of the Seva Foundation and proclaiming December 13, 2003 Seva 
Foundation 25th Silver Anniversary Day in San Francisco. 

Supervisor Peskin requested to be added as a co-sponsor. 

Resolution No. 816-03 

ADOPTED 



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032016 fPowcr Lines in Marina Districtl 
Supervisors Newsom, Peskin 

Resolution urging Lucasfilm Ltd. and Pacific Gas & Electric Co., Inc. to work with the community on 
alternatives to its Bay-Fillmore-Filbert-Lyon route for supplying power to the Letterman Digital Arts Center in 
the Presidio, and to ensure that the route reduces impacts on San Francisco neighborhoods to the greatest extent 
possible. 

Supen-isor Peskin requested to be added as a co-sponsor. 

Resolution No. 817-03 

ADOPTED 

032017 [Hearts in San Francisco] 
Supervisor Peskin 

Resolution urging support for "Hearts in San Francisco", a temporary public art installation. 

Resolution No. 818-03 
ADOPTED 

032020 [Excelsior Street Safe Program] 
Supervisor Sandoval 

Resolution urging the Department of Parking and Traffic and the San Francisco Police Department and all 
other relevant city agencies to review the "Community Action Plan for Safer Streets in the Excelsior" and work 
with the Excelsior Street Safe project and community residents to implement the Plan's recommendations. 

Resolution No. 819-03 
ADOPTED 

031909 [Final Map for a 80 Unit Residential / Commercial Condominium Project (821 Folsom Street)] 

Motion approving Final Map of Shipley Square, A Residential / Commercial Condominium Project, being a 
subdivision of Lot 393 in Assessor's Block No. 3752, and adopting findings pursuant to Planning Code Section 
101.1. (Public Works Department) 

(No Public Benefit Recipient; DPW Order No. 174,546; Distsrict 6.) 

Motion No. M03-213 

APPROVED 

031954 [Final Map for a 16 Unit LiveAVork Condominium Project] 

Motion approving Final Map of 68 Harriet Street, A LiveAVork Condominium Project, being a subdivision of 
Lot 184 in Assessor's Block No. 3731, and adopting findings pursuant to Planning Code Section 101.1. (Public 
Works Department) 

Motion No. M03-214 

APPROVED 

031955 [Final Map for a 16 Unit LiveAVork Condominium Project] 

Motion approving Final Map of 175 Russ Street, A LiveAVork Condominium Project, being a subdivision of 
Lot 185 in Assessor's Block No. 3731, and adopting findings pursuant to Planning Code Section 101.1. (Public 
Works Department) 

Motion No. M03-215 

APPROVED 



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031956 [Final Map for a 21 Unit Mixed-Use Condominium Project] 

Motion approving Final Map of 350 Alabama Street, a Mixed-Use Condominium Project, 

being a subdivision of Lot 3, Assessor's Block No. 3967, and adopting findings pursuant to Planning Code 

Section 101.1. (Public Works Department) 

Motion No. M03-216 

APPROVED 

031963 [Final Map for an 8 Unit Residential Condominium Project] 

Motion approving Final Map of Killarney Court #1-8, 843 South Van Ness Avenue, A Residential 
Condominium Project, being a subdivision of Lot 22 in Assessor's Block No. 3594, and adopting findings 
pursuant to Planning Code Section 101.1. (Public Works Department) 

Motion No. M03-217 

APPROVED 

031976 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 



Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 



Motion No. 
APPROVED 



M03-218 



The foregoing items were acted upon by the following vote: 

Ayes: 8 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin 
Absent: 2 - McGoldrick, Sandoval 
Excused: 1 - Newsom 

Severed from Without Committee Reference Agenda 

Supervisor Hall requested that this matter be severed so that it could be considered separately. 
032004 [Support HR 3171 and SB 1552] 

Supervisors McGoldrick, Gonzalez, Daly 

Resolution supporting HR 3171 and SB 1552, amending the USA PATRIOT Act. 
REFERRED to the Rules Committee. 



Supervisor Daly requested that this item be severed so that it could be considered separately. 
032018 [Charlotte Mailliard Shultz Staircase Renaming] 
Supervisors Peskin, Dufty, Hall 

Resolution renaming the Grand Staircase of San Francisco City Hall's rotunda as the Charlotte Mailliard Shultz 
Staircase. 

Supervisor Hall requested to be added as a co-sponsor. 
REFERRED to the Rules Committee. 



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Super\'isor Hall requested that this matter he severed so that it could be considered separately. 

032019 [Urging the San Francisco Delegation to the California Assembly and Senate to Oppose Proposed 
Budget Cuts] 
Supervisor Sandoval 

Resolution urging the San Francisco delegation to the California Assembly and Senate to oppose Governor 
Arnold Schwarzenegger's proposed budget cuts to critical health and human services. 

REFERRED to the Rules Committee. 



OFF-AGENDA LEGISLATION 



Introduced by Supervisors or Mayor 



Ordinances 

030423 [Establishing the powers and duties of the Small Business Commission] 
Supervisors Daly, Gonzalez 

Ordinance amending the San Francisco Administrative Code by adding Section 2A.240, to list the powers and 
duties of the Small Business Commission, and by repealing Sections 5.120, 5.121, and 5.122, dealing with the 
former Small Business Commission, and by re-numbering Section 10.100-129 as Section 10.100-333, and 
providing that the ordinance shall only take effect if a charter amendment creating a Small Business 
Commission in the Charter is adopted at the November 2003 election. 

(No fiscal impact; Companion measure to File 030426.) 

3/18/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 4/17/2003. 

3/25/03, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance, correcting an error in the short 
title. 

3/25/03, ASSIGNED to Rules Committee. 

3/28/03, REFERRED TO DEPARTMENT. Referred to Small Business Commission. 

12/16/03, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing same title. 
12/16/03, ASSIGNED to Rules Committee. 

032024 [Designation of Acting Mayors] 
Supervisor Daly 

Draft Ordinance amending the San Francisco Administrative Code, by adding Section 2A.1 1, to require the 
Mayor to inform the Board of Supervisors in writing when leaving the state for more than 24 hours, to require 
the Mayor to designate Acting Mayors in writing and inform the Clerk of the Board of such designations, to 
require Acting Mayors to report on any official actions taken, and to require the members of the Board to 
receive training on emergency operations. 
12/6/03, RECEIVED AND ASSIGNED to Rules Committee. 



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032025 [Clean Village Ordinance] 
Supervisor Daly 

Draft ordinance adding Administrative Code Chapter 92 to declare San Francisco a "Clean Village," require 
that City-owned or leased buildings and human services organizations funded with public funds make restroom 
facilities available to members of the public, and establish a pilot public hygiene program; adding Health Code 
Sections 286.1 to 286.3 to prohibit public urination and defecation; amending Health Code Section 580 to 
clarify the definition of Responsible Party; amending Health Code Section 581 to define used hypodermic 
syringes as a nuisance; amending Public Works Code Section 174 to assign responsibility for the removal of 
hypodermic syringes and human excrement to the Department of Public Works; adding Park Code Section 3.19 
to establish operating hours for restroom facilities operated by the Recreation and Park Department; amending 
Health Code Section 596 to establish penalties and outline enforcement; making findings; and setting effective 
dates. 
12/16/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

032029 [Extended Hours Permits] 
Supervisor Dufty 

Draft ordinance amending Section 1070.19 of the Police Code to permit bona fide public eating places or 
places of entertainment that have no liquor license to apply for and receive an extended hours permit from the 
Entertainment Commission. 
12/16/03, RECEIVED AND ASSIGNED to City Services Committee. 

032030 [Zoning - Allow Tourist Hotels of 75 Rooms or Less in the SSO District] 
Supervisor Daly 

Ordinance amending the San Francisco Planning Code by amending Section 818 and adding Section 818.78 to 
Table 818 to allow a tourist hotel of 75 rooms or less as a principal permitted use in the SSO 
(Service/Secondary Office District); adopting findings. 
12/16/03, RECEIVED AND ASSIGNED to Land Use Committee. 

032031 [Limited Equity Conversions] 
Supervisor Daly 

Ordinance approving a method for Community Land Trusts to convert existing residential buildings to limited- 
equity condominiums. 
12/16/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 1/15/2004. 

Resolutions 

032009 [Implementation of AB 117] 
Supervisor Gonzalez 

Resolution supporting AB 117 which concerns community aggregation of power by local agencies. 
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



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032027 [Adopting the recommendations of the City Non-Profit Contracting Task Force] 
Supervisors Maxwell, Dufty, Ma, Daly, Gonzalez 

Resolution adt)pting the recommendations of the City Non-Profit Contracting Task Force. 
12/16/03, RECEIVED AND ASSIGNED to Rules Committee. 

032028 [Lease of Real Property - 10 United Nations Plaza] 
Supervisors Maxwell, McGoldrick 

Resolution authorizing a lease of approximately 8,105 square feet of space at 10 United Nations Plaza for the 
Department of Child Support Services for a term of six years. 

(Public Benefit Recipient.) 

12/16/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

032034 [Gift in Place to Recreation and Park Department, $288,355] 
Supervisors Hall, Maxwell, Ma 

Resolution accepting and expending a gift in place valued at $288,355 from the friends of Recreation and Parks 
to the Recreation and Park Department for Lake Merced. 

(No Public Benefit Recipient.) 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 

NEXT BOARD MEETING. 

032035 [Biosciences Task Force] 
Supervisor Maxwell 

Resolution adding one additional member to the existing San Francisco Biosciences Task Force formed by 
Board Resolution No. 217-03. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

032036 [Acknowledgement of Congresswoman Pelosi's Support of Central Subway] 
Supervisors Peskin, Dufty, Maxwell, Ma, Daly, Ammiano 

Resolution acknowledging and commending House Democratic Leader Nancy Pelosi for her role in securing 
federal funding essential to the Central Subway, Phase II of the Third Street Light Rail project, and other 
transportation infrastructure projects that will benefit San Francisco and the region. 
12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

032037 [Commending John Arntz and the Department of Elections] 
Supervisors Peskin, Ma, Dufty, Hall 

Resolution commending John Arntz and the Department of Elections for their exemplary professionalism in 
conducting three elections in three months. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



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032038 [Accept and Expend Gift - Levi Strauss Foundation] 
Supervisor Hall 

Resolution retroactively accepting and expending a gift in the amount of $12,500 from the Levi Strauss 
Foundation. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

032039 [Accept-Expend Grant - Public Defender, $15,000] 
Supervisor Sandoval 

Resolution authorizing the Office of the Public Defender to accept and expend a grant in the amount of 
$15,000 from the VanLobenSels/RembeRock Foundation for a social worker position dedicated to working 
with female juvenile offenders. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

032040 [Accept-Expend Grant - Public Defender, $40,000] 
Supervisor Sandoval 

Resolution authorizing the Office of the Public Defender to accept and expend a grant in the amount of 
$40,000 from the San Francisco Foundation for a social worker position dedicated to working with female 
juvenile offenders. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

032041 [Importation of prescription medications from Canada by or for members of the City's Health Service 
System and citizens of San Francisco] 

Supervisor Sandoval 

Resolution urging the City's Health Service System to explore the feasibility and cost effectiveness of the 
importation of prescription medications from Canada by or for members of the City's Health Service System 
and citizens of the City and County of San Francisco. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

032042 [Extending the meetings of the Homeless Senior Task Force] 
Supervisor Daly 

Resolution amending Resolution No. 682-02 to extend the meetings of the Homeless Senior Task Force for an 
additional six months. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 



Motion 



City and County of San Francisco 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 

032022 [Needle Exchange Emergency] 

Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty 

Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency 
in connection with the needle exchange program. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

032032 [Requesting the Office of the Controller to conduct a management audit of the Department of 
Recreation and Park's Aquatics Program] 

Supervisor Maxwell 

Motion requesting the Office of the Controller to conduct a management audit of the Department of Recreation 
and Park's Aquatics Program. 

12/16/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE 
NEXT BOARD MEETING. 

Hearing 

032023 [Annual Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget 
Guidelines and Draft Budget] 

Supervisor Daly 

Hearing to consider the annual review and approval of the Board of Supervisors/Clerk of the Board Annual 
Budget Guidelines and Draft Budget prior to submittal to the Mayor. 
12/16/03, RECEIVED AND ASSIGNED to Budget Committee. 

032033 [2002 San Francisco Hospital Charity Care Report] 
Supervisor Maxwell 

Hearing on the 2002 San Francisco Hospital Charity Care Report Summary and to report on the amount of 
charity care provided since the passage of the Ordinance in July of 2001. 
12/16/03, RECEIVED AND ASSIGNED to City Services Committee. 



PROPOSED ORDINANCES 

032026 [Clerk of the Board of Supervisors - Amendments to fees charged by the Clerk] 

Ordinance amending Section 8.37 of the San Francisco Administrative Code to increase current fees, add new 
fees, and repeal other fees charged by the Clerk of the Board of Supervisors, including an increase in 
conditional use appeal filing fees; imposing new fees for environmental and tentative map appeals to the Board 
of Supervisors; increasing temporary street closure denial appeal fees; imposing new fees for encroachment 
permit appeals to the Board of Supervisors; imposing new fees for Landmark appeals to the Board of 
Supervisors; and adding fees for copies of audio tape recordings of Board and Committee meetings, and for 
requesting that staff of the Clerk's Office conduct research of Board Supervisors records; providing for an 
annual adjustment by the Controller based on the CPI. (Clerk of the Board) 
12/16/03, RECEIVED AND ASSIGNED to Budget Committee. 



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Board of Supervisors 



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PROPOSED RESOLUTIONS 



031910 [Contracting out Janitorial Services] 

Resolution concurring with the Controller's certification that janitorial services can be practically performed at 
the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than 
similar work services performed by City and County employees. (Real Estate Department) 

(Public Benefit Recipient.) 

12/8/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. 

031950 [Accept-Expend State Grant] 
Supervisor Dufty 

Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend grant 
funds made available through the California Office of Traffic Safety (OTS) for a project entitled "You Drink & 
Drive, You Lose" national campaign. (Police Department) 

(No Public Benefit Recipient.) 

12/2/03, RECEIVED AND ASSIGNED to City Services Committee. 

031951 [Accept-Expend Federal Grant] 
Supervisor Dufty 

Resolution authorizing the Chief of Police for the City and County of San Francisco to accept and expend grant 
funds made available through the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives for a project 
entitled Gang Resistance Education And Training (G.R.E.A.T.) (Police Department) 

(No Public Benefit Recipient.) 

12/2/03, RECEIVED AND ASSIGNED to City Services Committee. 

032006 [Settlement of Charges] 

Resolution approving the settlement of California Department of Fair Employment and Housing and Equal 
Employment Opportunity Commission charges, filed by Ana Guevara on September 20, 2002, against the City 
and County of San Francisco alleging failure to reasonably accommodate and failure to engage in the 
interactive process under the disability laws. On September 17, 2003, Ana Guevara made a pre-litigation 
settlement demand to the City regarding her claims. (City Attorney) 
12/9/03, RECEIVED AND ASSIGNED to Rules Committee. 



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Board of Supervisors Meeting Minutes Tuesday, December 16, 2003 



Requests Granted 



From: Siiper\'isor Daly 

To: City Attorney 

Requesting/Inquiring: To draft an ordinance based on Los Angeles' ordinance requiring the posting of health 

inspection results in the windows of local restaurants. 

From: Supen'isors Dufty, Hall, Sandoval, Ma, Maxwell 
To: Airport Commission 

Requesting/Inquiring: Inquiring whether the San Francisco Airport Commission can consider and recommend 
to the Board of Supervisors a revised Lease Disposition and Development Agreement for Plot 9 that reflects 
concerns expressed by the Board of Supen'isors during consideration of File 031716 on December 16, 2003. 
Such amendments should include, but not be limited to, revisions of this lease agreement so the City and 
County of San Francisco does not receive a reduction in lease revenue in the first five years of this 
agreement. Further, can the Airport Commissioners outline the reasons that Airis SFO was selected for the 
project and respond to any of the concerns expressed in the Board of Supervisors' December 16, 2003 
deliberations. Additionally, request that a copy of this letter be transmitted to Mayor-elect Gavin Newsom. 

From: Supervisor Peskin 

To: City Attorney 

Requesting/Inquiring: 

• To explore the legal feasibility of establishing an independent authority to bulk purchase prescription drugs 

from approved pharmacies, either inside or outside the United States, for the purpose of providing the 

cheapest possible alternatives for San Franciscans, and; 

■ Explore the implications of the recently enacted Medicare Reform legislation, adopted by United States 
Congress and signed by the President, as they relate to the reimportation of pharmaceuticals from foreign 
nations, and 

■ Utilize the aforementioned authority to provide the most costly pharmaceuticals to approved retail outlets in 
the City and County of San Francisco. 

From: Supervisor Peskin 

To: Director, Department of Real Estate 

Requesting/Inquiring: Requesting the following information regarding a new 3G cell site that Cingular 

Wireless has erected atop Fire Station 13: 

■ When was the cell tower erected at this site? 

■ What is the normal public and legislative process required before allowing a cell tower to be installed on city 
owned real estate? 

■ Is the lease for the cell site subject to approval of the Board of Supen'isors? 

■ If so, when can the Board of Supervisors expect to receive the proposed lease between CCSF and Cingular 
for this 3G tower? 

From: Supervisor Peskin 

To: Fire Chief, Fire Department 

Requesting/Inquiring: Requesting the following information regarding a new 3G cell site that Cingular 

Wireless has erected atop Fire Station 13: 

■ What are the terms of the proposed lease with Cingular Wireless? 

■ Has the Department received communications from firefighters stationed at Station 13? 

■ What is the Department's response to the concerns raised by firefighters living at Station 13? 

From: Supervisor Maxwell 

To: Director, Department of Parking and Traffic 

City and County of San Francisco 28 Printed at 9:17 AM on 4/1/2004 



Sonrd of Supervisors Meeting Minutes Tuesday, December 16, 2003 

and at the intersection of Hunters Point Blvd. And Innes Ave. and return with recommendations. 

From: Super\>isor Hall 

To: Every City Department 

Requesting/Inquiring: What plans or projects does your Department have that will add 5,000 new jobs to the 

City's workforce within the ne.xtfive years at no new cost to the taxpayers of San Francisco? 

From: SupervLwr Hall 

To: Director. Department of Parking and Traffic 

Requesting/Inquiring: Please explain why Waller Street between Stanyan and Kezar has been closed to 

through traffic. 

Please send a copy to the following constituent: 

Mr. Dirk Schenkkam 

32 Mesa Avenue 

San Francisco, CA 94116 

In Memoriams 

Bob Ross (Entire Board) 
Richard Shemano (Supervisor Hall) 
Bill O'Donnell (Supervisor McGoldrick) 
Thelma Faltus (Supervisor Dufty) 



City and County of San Francisco 29 Printed at 9.17 AM on -4/1/2004 



Ponrd of Supervisors 



Meeting Minutes 



Tuesday, December 16, 2003 



ADJOURNMENT 



There being no further business, the Board at the hour of 12:53 a.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 Supendsors on January 13, 2004. 

I, Gloria L. Young. Clerk of the Board of Super\'isors 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. 



Gloria L. Young 
Clerk of the Board 



City and County of San Francisco 



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