Return to Full Board Agendas

Board of Supervisors

City and County of San Francisco

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

AGENDA
Monday, January 27, 2003
2:00 PM

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


ROLL CALL AND PLEDGE OF ALLEGIANCE
 

AGENDA CHANGES
 

COMMUNICATIONS

Note: Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget Analyst report
3) Legislative Analyst report
4) Department or Agency cover letter and/or report
5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk.
 

CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board.There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.
 

Items 1 through 7
 

Recommendations of the Finance Committee
 
Present:Supervisors Peskin, Daly, Maxwell

1. 021976 [Accept-Expend Federal/State Pass Through Grant]
Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $13,815 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. (Public Library)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

2. 022050 [Sale of vintage streetcar to City of Issaquah, Washington]
Resolution approving the sale of Muni Car No. 96 to the City of Issaquah, Washington pursuant to San Francisco Administrative Code Section 10.84. (Municipal Transportation Agency)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Health and Human Services Committee
Present:Supervisors Daly, Maxwell

3. 021936 [Medical services for prison inmates referred from institutions of the California Department of Corrections]
Resolution authorizing the San Francisco Department of Public Health, Community Health Network of San Francisco (CHNSF), to enter retroactively into an agreement, which includes an indemnification clause, with The State of California, Department of Corrections (CDC), and accept reimbursement in the amount of $225,000 for medical services provided to inmates referred from the Correctional Training Facility (CTF) and the California Medical Facility (CMF); for the period of March 1, 2002, to June 30, 2003. (Public Health Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

4. 021967 [Accept-Expend Foundation Grant]
Resolution authorizing the Department of Human Services to accept and expend a two-year grant in the amount of $95,000 from the CalWORKs/Child Welfare Partnership Project for improving coordination between the department's Child Welfare and Welfare-To-Work programs. (Human Services Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

5. 021989 [Accept and Expend Federal Grant for Sheriff's Department program providing services to recently released substance abusing offenders]
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $498,455 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Administration for providing a substance abuse program to recently released offenders. (Sheriff)
(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

6. 022018 [Accept- Expend a Bequeathal from the Estate of Mabel L. Schwartz]
Resolution authorizing the Department of Animal Care and Control to accept and expend a bequeathal in the amount of $75,040.33 from the Estate of Mabel L. Schwartz (Paula J. Johnson, PR) to be used by the Department of Animal Care and Control to continue its work of helping animals and promoting their welfare. (Animal Care and Control)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules and Audits Committee
Present:Supervisors Hall, Gonzalez, Sandoval

7. 022048 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Scott Nisbet and Daniel David against the City and County of San Francisco and AT&T Corporation in exchange for a waiver of costs by San Francisco; the lawsuit was filed on February 19, 2002 in San Francisco Superior Court, Case No. 02-404691; entitled Nisbet and David v. AT&T Corp. and the City and County of San Francisco; other material terms of said settlement are that AT&T will pay costs and fees to plaintiffs' counsel, and will provide pre-paid telephone calling cards with a value of $50,000 for free distribution in San Francisco; these cards will be distributed through the San Francisco Convention and Visitors Bureau, the San Francisco Department of Public Health, and the San Francisco Department of Human Services. (City Attorney)
(No Public Benefit Recipient.)

1/21/2003, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

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

 

REGULAR AGENDA
 

UNFINISHED BUSINESS
 

Recommendations of the Rules and Audits Committee
 
Present:Supervisors Hall, Gonzalez

8. 020969 [Prohibition on Use of Public Funds for Printed Greeting Cards] Supervisors Daly, Peskin, Ma, Gonzalez
Ordinance amending Chapter 4 of Article III of the San Francisco Campaign and Governmental Conduct Code by adding a new section 3.405 to prohibit the use of City funds to produce or mail printed greeting cards.
1/21/2003, PASSED ON FIRST READING. Supervisors Peskin, Ma and Gonzalez requested to be added as co-sponsors.
Question: Shall this Ordinance be FINALLY PASSED?

9. 021791 [Preservative-treated Wood Containing Arsenic] Supervisors Peskin, Sandoval, Daly, Ma, Gonzalez, Maxwell
Ordinance amending the San Francisco Administrative Code by adding Chapter 21G, requiring all City Departments and Contractors to purchase preservative-treated wood only from the list of environmentally preferable alternatives adopted by the Department of the Environment; requiring all City Departments that own or maintain play structures, park equipment or other facilities constructed with preservative-treated wood containing arsenic to undertake certain actions; requiring the Department of the Environment to report to the Commission on the Environment on the programs mandated by this Chapter; requiring disposal of preservative-treated wood containing arsenic at approved landfills; and directing the Department of Building Inspection and the Department of the Environment to report on a possible citywide ban on preservative-treated wood containing arsenic.
1/21/2003, PASSED ON FIRST READING. Supervisors Daly, Ma, Gonzalez and Maxwell requested to be added as co-sponsors.
Question: Shall this Ordinance be FINALLY PASSED?

10. 021853 [Extending the Existence of the CEDAW Task Force] Supervisors Maxwell, Daly, Ma
Ordinance amending San Francisco Administrative Code by amending Section 12K.5 to change the expiration date of the Convention to Eliminate all forms of Discrimination Against Women ("CEDAW") Task Force from December 31, 2002 to June 30, 2003.
1/21/2003, PASSED ON FIRST READING. Supervisors Daly and Ma requested to be added as co-sponsors.
Question: Shall this Ordinance be FINALLY PASSED?

 

NEW BUSINESS
 

Recommendation of the Finance Committee
 
Present:Supervisors Peskin, Daly, Maxwell

11. 021973 [Consultant Contract for New Central Subway phase of Third St. Light Rail Transit Project]
Resolution approving the award of Municipal Railway Contract No. CS-138, Professional Engineering and Other Support Services for Muni Metro Third Street Light Rail Project:New Central Subway, with the Joint Venture of Parsons Brinckerhoff Quade & Douglas, Inc. and PGH Wong Engineering, Inc., to provide necessary professional engineering and other support services in an amount not to exceed $29,800,000, and for a term not to exceed five years; the contract shall be initially certified for $4.3 million in Traffic Congestion Relief Program funding. (Municipal Transportation Agency)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Health and Human Services Committee
Present:Supervisors Daly, Maxwell

12. 021830 [Grant Funds to Develop Vulnerability Assessments]
Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to apply for, accept and expend retroactively grants amounting to $230,000 from the United States Environmental Protection Agency (USEPA) for vulnerability assessment. (Public Utilities Commission)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

13. 021985 [Expand Treatment for Homeless Addicts]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend a grant in the amount of $499,999 for the first year of a three year grant from the Substance Abuse and Mental Health Services Administration (SAMHSA) to establish the homeless addict vocational and educational network (HAVEN) and to enter into an agreement for the use of these funds; for the period of September 30, 2002 to September 29, 2003. (Public Health Department)
(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

Pending approval of File 030123

14. 030090 [Emergency Room Diversion Task Force Recommendation] Supervisor Newsom
Hearing to consider the presentation of the Emergency Room Diversion Task Force recommendations. (Clerk of the Board)
Action:___________________________

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

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

From Rules and Audits "Without Recommendation"
Present:Supervisors Hall, Sandoval

17. 021541 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Robert Haaland against the City and County of San Francisco for $107,500; the lawsuit was filed on August 10, 1999 in San Francisco Superior Court, Case No. 305-552; entitled Robert Haaland, et al., v. City and County of San Francisco, et al. (City Attorney)
(Public Benefit Recipient.)

1/21/2003, CONTINUED. Continued to January 27, 2003
Question: Shall this Ordinance be FINALLY PASSED?

CLOSED SESSION
 

CONFERENCE WITH CITY ATTORNEY - Existing Litigation
 

City as Defendant
 

[Convene in Closed Session]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from the City Attorney as permitted by Government Code regarding the following litigation: Haaland v. San Francisco(San Francisco Superior court No. 305-552, filed 8/10/99
The Closed Session is permitted by California Government Code Section 54956.9 (a) and Administrtive Code (Sunshine Ordinance) Section 67.10 (d)(1), and discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending litigation.
 

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

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

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

 

CLOSED SESSION
 

CONFERENCE WITH CITY ATTORNEY - Existing Litigation
 

City as Defendant
 

18. 030033 [Existing Litigation - Realty Equities, Inc. v. San Francisco]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following litigation filed against the City and County of San Francisco by plaintiffs who have challenged the validity of an appeal from a Planning Commission decision granting a conditional use authorization, which decision was reversed by the Board of Supervisors on appeal, regarding a proposed demolition of an existing motel (Lanai Motel) and construction of a four story tourist hotel at 2361 Lombard St.

Realty Equities, Inc. v. San Francisco
San Francisco Superior Court No. 314-332, filed 8/14/00

The Closed Session is permitted by California Government Code Section 54956.9 (a) and Administrative Code (Sunshine Ordinance) Section 67.10 (d) (1), and discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending litigation.
1/21/2003, CONTINUED. Continued to January 27, 2003

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

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

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

 

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

Items 19 through 33
 

19. 030123 [Committee of the Whole - Emergency Room Diversion Task Force] Supervisor Newsom
Motion scheduling a Committee of the Whole on January 27, 2003 at 3:00 p.m. to hear a presentation of the Emergency Room Diversion Task Force recommendations.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

20. 030091 [Meeting Schedule] Supervisor Gonzalez
Motion revising the regular meeting of the Board of Supervisors by canceling the November 11, December 2, December 23 and the December 30, 2003 meetings and by canceling all Board and Committee meetings from August 27 through September 14, 2003.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

21. 030101 [Urge Gov. Davis to reconsider realignment of Health and Human Services Programs] Supervisors Ammiano, McGoldrick
Resolution urging the Governor and the State Legislature to reconsider realignment of health and human services and related obligations to the local level and to develop new revenues sufficient to maintain program administration at the State level, urging the Legislature, if it adopts some or all of the realignment proposals made by Governor, to include the minimum guarantees in order to maintain sufficient levels of health and human services uniformly across the State of California, including funding formulas for realigned programs that significantly reward local General Fund contributions, funding formulas that adequately provide for projected growth in consumer populations and caseloads, and mandatory requirements for proper levels of patient care and consumer services, and directing the City Lobbyist, in consultation with the Mayor's Office, the Director of Human Services and the Director of Public Health, to urge the Governor and the State Legislature to reconsider realignment of health and human services and, if realignment is adopted, enact minimum guarantees described herein.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

22. 030102 [Authorize DPW to accept and expend $20,911,134 to rehabilitate the Fourth Street Bridge over Mission Bay Channel] Supervisor Daly
Resolution authorizing the Department of Public Works to retroactively accept and expend a grant in the amount of $8,438,760 in Federal Highway Bridge Replacement and Rehabilitation (HBRR) program funds, $9,977,898 in Federal Seismic funds, and $2,494,475 in State Seismic funds, for a total of $20,911,134 in grant funds from the Federal Department of Transportation (FHWA) through the State Department of Transportation (Caltrans) to seismically retrofit and rehabilitate the Fourth Street Bridge over the Mission Bay Channel Waterway in China Basin.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

23. 030103 [Accept and Expend Gift of $60,000 from Hayes Valley Neighborhood for Koshland Park] Supervisor Gonzalez
Resolution accepting and expending a gift in place valued at approximately $60,000 from the Hayes Valley Neighborhood Parks Group to the Recreation and Park Department for Koshland Park.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

24. 030104 [Urge DPW to Rename a portion of 19th Street to Peter Sammon Way] Supervisors Maxwell, Dufty
Resolution urging the Department of Public Works to honor Father Peter Sammon by renaming 19th Street between Connecticut and Missouri Streets "Peter Sammon Way".
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

25. 030105 [Urge California Legislature to reject the Governor's proposed shift of local VLF revenues] Supervisors Maxwell, Ma, Dufty, McGoldrick
Resolution urging the California Legislature to reject the Governor's proposed shift of local VLF revenues and to honor the 1998 commitment to restore the VLF.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

26. 030106 [Urge Recreation and Park Department to retain Balboa Pool at its current location] Supervisor Sandoval
Resolution urging the Recreation and Park Department to retain the Balboa Pool at its current location and keep Balboa Park consistent with other public park uses.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

27. 030107 [Commend Hayes Valley Merchants] Supervisor Gonzalez
Resolution commending Hayes Valley merchants on their donation of a portion of their holiday sales to the Homeless Children's Network.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 030108 [Commend San Francisco Housing Authority] Supervisors Maxwell, Peskin, Ammiano, Daly
Resolution commending the San Francisco Housing Authority for their efforts to increase civic participation among their residents of Public and Section 8 housing.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 030109 [Commend Robert J. Lull] Supervisor Newsom
Resolution commending Robert J. Lull, M.D., his service as 2002 President of the San Francisco Medical Society.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 030110 [Commend American Red Cross and Asian-American Donor Program] Supervisor Sandoval
Resolution commending the American Red Cross and Asian-American Donor Program in honor of January as National Volunteer Donor Month.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 030111 [Commend Michael J. Sangiacomo and Congratulate Jim Wunderman] Supervisors Sandoval, Dufty, Ma
Resolution commending Michael J. Sangiacomo for his service as the 2002 Chair of the Board of Directors of the San Francisco Chamber of Commerce and congratulating Jim Wunderman on having been elected the 2003 Chair of the Board of Directors of the San Francisco Chamber of Commerce.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 030126 [Oppose Article 23 of the Basic Law in Hong Kong] Supervisor Daly
Resolution opposing the proposed Article 23 legislation in Hong Kong.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 030127 [Committee of the Whole] Supervisor Daly
Motion scheduling a Committee of the Whole to consider Files 020550 and 020549 regarding 4th and Freelon Special Use District and Zoning Map Amendment, to be held on February 4, 2003.
1/21/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

 
Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

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

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

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

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

[Imperative Resolutions, if any]
 

OFF-AGENDA LEGISLATION
 

PROPOSED ORDINANCES
 
Proposed ordinances received from January 16, 2003 through noon on January 22, 2003, for reference by President to appropriate committee on January 27, 2003.

030034 [Campaign Finance Reform Amendments of 2003]
Ordinance amending Article I, Chapter 1 of the Campaign and Governmental Conduct Code by amending sections 1.104, 1.114, and 1.148 to clarify and consolidate definitions; amending section 1.106 to clarify that State law is incorporated; amending section 1.108 to clarify that it applies only to candidates; amending section 1.110 to provide the Ethics Commission discretion to provide additional office hours prior to an election and to conform to minimum state law record retention periods; amending section 1.114 to apply contribution limits to affiliated entity contributions, to authorize the Ethics Commission to determine when contributions must be returned and to reduce or waive forfeiture penalties, and to clarify that limits apply to special elections; amending section 1.116 to extend loan limitations to candidates for all City elective offices and to authorize the Commission to adjust these amounts; amending section 1.122 to clarify that campaign funds may be used for officeholder expenses, to provide that certain surplus funds may be donated to charity, and that contributions transferred between a candidate's committees must be attributed to specific contributors; deleting section 1.124 on money laundering because the ordinance already incorporates state law provisions; amending section 1.128 to provide a penalty for violating an agreement to limit campaign spending; amending section 1.130 to clarify that expenditure ceilings apply in special elections and to reflect that spending limits have been adjusted for inflation; amending sections 1.134 and 1.152, deleting section 1.146 and adding a new section 1.135 to consolidate and harmonize provisions on lifting the spending limits; amending section 1.140 to correct cross-references, to require that candidates file a statement of intent to participate in public financing, to lower to $5,000 the threshold for qualifying for public financing, and to provide additional time for qualifying for public financing, amending section 1.142 to require filing of statement of intent to participate in public financing program; amending section 1.150 to provide that repayment of public funds shall be made to the Ethics Commission, rather than the Controller, for deposit in the Election Campaign Fund; amending section 1.152 to conform language to other amended sections; amending sections 1.144 and 1.154 to extend the time for the Ethics Commission to determine whether pro-ration is required; amending section 1.162 to clarify that the notice provision applies only to mass mailings; amending section 1.163 to require recordkeeping for recorded telephone messages; amending section 1.164 to clarify references; amending section 1.168 to eliminate language suggesting that persons can obtain immunity if they do not receive a response to a request for advice within a specified period of time; amending section 1.170 to increase the penalties for violations of the Ordinance to $5,000, to incorporate penalties described in section 1.172, and to clarify personal and joint and several liability; deleting section 1.172; and amending section 1.174 to clarify that the department of elections may decline to certify a nomination if a candidate fails to file a statement regarding acceptance or rejection of spending limits. (Ethics Commission)
(No Public Benefit Recipient.)

1/17/2003, RECEIVED AND ASSIGNED to Rules and Audits Committee.

030118 [Settlement of Lawsuit] Supervisor Gonzalez
Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Modesto Irrigation District for Declaratory and Injunctive Relief to Validate Termination of Long-Term Power Sales Agreement; the City and County of San Francisco filed the lawsuit on August 16, 2001 in San Francisco Superior Court (San Francisco Superior Court Case No. 323848).
1/21/2003, RECEIVED AND ASSIGNED to Finance Committee.

PROPOSED RESOLUTIONS
 
Proposed resolutions received from January 16, 2003 through noon on January 22, 2003, for reference by President to appropriate committee on January 27, 2003.

030032 [Healthy eating and childhood overweight prevention services]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $113,788 from the California Department of Health Services (CDHS) for healthy eating and childhood overweight prevention and to enter into an agreement for the use of these funds; for the period of August 1, 2002 to September 30, 2003. (Public Health Department)
(No Public Benefit Recipient.)

1/16/2003, RECEIVED AND ASSIGNED to Health and Human Services Committee.

030035 [Grant - Family literacy program for women prisoners in the county jail]
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $33,000 from the Zellerbach Family Foundation for providing a family literacy program for women prisoners in the county jail. (Sheriff)
(Public Benefit Recipient.)

1/13/2003, RECEIVED AND ASSIGNED to Health and Human Services Committee.

030081
(Public Works Department)
(No Public Benefit Recipient.)

 

030082 [Accept - Expend TFCA Regional Funds]
Resolution authorizing the Municipal Transportation Agency to Accept and Expend $1,123,364 of Transportation Fund for Clean Air Regional Funds for the three Capital Improvement Projects: the Transit Bus Traffic Signal Prioritization; Transit Bus Replacement:15 CNG or Hybrid Electric Vehicles; and Bicycle Racks - Installation of Bicycle Racks on 50 Vehicles. (Municipal Transportation Agency)
(No Public Benefit Recipient.)

1/16/2003, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

030129 [Petitions and Communications]
Petitions and Communications received from January 16, 2003 through noon on January 22, 2003 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on January 27, 2003.

From Secretary of State, submitting notice that the Charter Amendments ratified by the voters in the November 5, 2002 Consolidated General Election have been filed. (1)

From Juvenile Probation Department, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-030)Copy: Supervisor Hall (2)

From various signators, submitting Form 700 Statement of Economic Interests: (3)
Frances Hsieh
Steven Aronwitz
Leland Yee
Bevan Dufty
Fiona Ma

From Redevelopment Agency, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-077)Copy: Supervisor Hall (4)

From Housing Authority, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-036)Copy: Supervisor Hall (5)

From Department of Parking and Traffic, regarding the feasibility of installing additional Stop signs on Fulton Street between Masonic Avenue and Stanyan Street, particularly at the intersections of Clayton and Cole Streets.(Reference No. 20021112-010) Copy: Supervisor Gonzalez (6)

From San Franciscans for a Healthy Waterfront, submitting documents and supplementary comments in support of an appeal of the decision by the San Francisco Planning Commission to certify the proposed Cruise Terminal and Brannan Wharf Project.File 022020,Copy: Each Supervisor (7)

From Office of the Sheriff, submitting second Quarterly Expenditure Report of the Sheriff's Department for fiscal year ending June 30, 2003.Copy: Each Supervisor (8)

From Employees' Retirement System, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-058)Copy: Supervisor Hall (9)

From Public Utilities Commission, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-066)Copy: Supervisor Hall (10)

From Office of the Controller, submitting report regarding compensatory time balances of City employees.(Reference No. 20021209-011) Copy: Supervisor Peskin (11)

From S.F. Convention Facilities, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-085)Copy: Supervisor Hall (12)

From S.F. Public Library, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-076)Copy: Supervisor Hall (13)

From Department of Public Health, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-064)Copy: Supervisor Hall (14)






From Office of the Controller, Audits Division, submitting report concerning the investigation of an allegation that the Department of Building Inspection improperly prepaid a city vendor, Government Computer Sales, Inc., for incomplete work. (15)

From Juvenile Probation Department, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-030) Copy: Supervisor Hall (16)

From Asian Art Museum of San Francisco, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-060)Copy: Supervisor Hall (17)

From S.F. International Airport, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-033)Copy: Supervisor Hall (18)

From Pascal Bokar Thiam, submitting request for a Type 48 On Sale General liquor license for dba Savanna Jazz, LLC, located at 1419 Fillmore Street. (19)

From Office of the Sheriff, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-038)Copy: Supervisor Hall (20)

From Fine Arts Museums of S.F., regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-079)Copy: Supervisor Hall (21)

From Office of the Treasurer & Tax Collector, submitting quarterly report for the Bureau of Delinquent Revenue for the period covering October 1, 2002 through December 31, 2002. (22)

From Department of Public Health, reporting the rate of expenditures for the quarter ending December 31, 2002 for S.F. General Hospital and Laguna Honda Hospital. (23)

From Department of Building Inspection, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-050)Copy: Supervisor Hall (24)

From Youth Commission, submitting resolution regarding high school exit exams. (25)

From Anna Mazzetti, regarding homeless people camped out in Dolores Park. (26)

From Department of Public Health, submitting underground storage tank contamination site report, dated January 9, 2003. (27)

From Monteser Kohn, submitting opposition to proposed plan by BART to charge $2 dollars a day to park at the Daly City BART Station. (28)

From Djajadi Pamudji, commenting that the Fire Department is doing a great job for participants taking the Neighborhood Emergency Response Team Training (NERT) class. (29)

From Darren Kearl, submitting opposition to the USA PATRIOT Act.File 022047 (30)

From Department of Human Services, regarding lack of DHS funds in District 11.(Reference No. 20021216-004)Copy: Supervisor Sandoval (31)

From Arts Commission, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-043)Copy: Supervisor Hall (32)

From Law Offices of Stuart M. Flashman, responding to documents and supplementary comments submitted by San Franciscans for a Healthy Waterfront regarding proposed Cruise Terminal and Brannan Wharf Project.File 022020,Copy: Each Supervisor (33)

From Department of Consumer Assurance, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-062) (34)

From Fire Department, submitting notice of annual fire and life safety inspection (January 10, 2003) for County Jail No. 8, 425 7th Street. (35)

From Public Utilities Commission, announcing the construction of three new water treatment facilities, enhancing system operations, and undertaking a major public information campaign to prepare for changing its water disinfectant in November 2003. (36)

From Clerk of the Board, submitting notice that the Office of the Clerk of the Board has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States.(Reference No. 20030113-027)Copy: Supervisor McGoldrick (37)

From S. F. Architectural Heritage, commenting and urging support of the leasehold improvements in the Ferry Building for the Port of San Francisco.File 22020,Copy: Each Supervisor (38)

From Department of Human Services, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-068)Copy: Supervisor Hall (39)

From Department of Children, Youth and Their Families, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-086)Copy: Supervisor Hall (40)

From Office of the Treasurer & Tax Collector, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-029)Copy: Supervisor Hall (41)

From various signators, submitting Form 700 Statement of Economic Interests: (42)
Virginia Stanley

From Board of Appeals, submitting notice that appeal for Hauser vs. DBI, BOSD at 1168 Folsom Street has been rescheduled to March 5, 2003, City Hall, Room 416 at 5:00 P.M. (43)

From AT&T Broadband, submitting notice that AT&T Broadband will relocate the California Channel from channel 29 to channel 33 on the basic tier of services on February 19, 2003. (44)

From District 6 Democrats, submitting concern and strong protest over the direction the Board and the Elections Commission seem to be going. (44)

From Department of Administrative Services, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-063)Copy: Supervisor Hall (45)

From Department of Telecommunications and Information Services, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-082)Copy: Supervisor Hall (46)

From Department of Telecommunications and Information Services, submitting report on the portion of viewing hours on the City's public access cable television channel, Access San Francisco, allotted tom nonprofit community organizations and groups. (47)

From Anna Shimko, submitting the final version of the Community Commitments document that was developed jointly by Home Depot, U.S.A., Inc. and members of the Bayview Hunters Point Project Area Committee regarding the proposed construction of a Home Deport store on Bayshore Boulevard.Copy: Each Supervisor (48)

From Supervisor McGoldrick, submitting resignation from the Association of Bay Area Governments (ABAG), effective immediately. (49)

From Planning Department, regarding landmark designation of 88 Fifth Street, the Old San Francisco U.S. Mint.File 021687, Copy: Supervisors McGoldrick, Hall, Ammiano, Peskin (50)

From Police Department, regarding appropriating funds to not-for-profit service providers.(Reference No. 20021216-075)Supervisor Hall (51)

From Ethics Commission, submitting annual report for fiscal year 2001-02. (52)

From Office of the Controller, Audits Division, submitting report concerning payment by the Arab Cultural Center of costs related to publishing an education guidebook entitled "Education Guide to the Arab and Muslim World. (53)
 

ADJOURNMENT
 

Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco.The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify.The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices,(Violators may be removed from the meeting room.)3) signs to be brought into the meeting or displayed in the room; and 4) standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA94102.
Agenda are available on the internet at www.ci.sf.ca.us/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26.For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting.Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA„OL:La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion.Llame a Erasmo Vazquez (415) 554-4909.

To request sign language interpreters, readers, large print agendas or other accommodations, please call (415) 554-7703 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
Disability access
The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place.The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall.Accessible MUNI lines serving this location are:#47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting.This advance notice will help ensure availability.
ś For American Sign Language interpreters or use of a reader during a meeting,contact Ohn Myint at (415) 554-7704.
ś For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public.Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business.This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

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