Board of Supervisors Agenda | City and County of San Francisco

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
Tuesday, February 18, 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

APPROVAL OF MEETING MINUTES

Motion to approve the January 21, 2003 Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Finance Committee

Present: Supervisors Peskin, Daly, Maxwell

1. 021913 [Expanding eligibility for the heart trouble and pneumonia presumption to certain members of the Police Department and Fire Department] Supervisors McGoldrick, Peskin, Daly, Maxwell, Sandoval, Hall, Gonzalez
Ordinance amending section 16.86 of the San Francisco Administrative Code to provide that certain prior service in another police or fire department shall be counted toward qualification for the heart trouble and pneumonia presumption.

(Fiscal impact.)

2/11/2003, PASSED ON FIRST READING. Supervisors Sandoval, Hall and Gonzalez requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

2. 021995 [Revising administration of Police Emergency Alarm Ordinance] Mayor, Supervisors Daly, Gonzalez
Ordinance amending the San Francisco Police Code by amending Sections 3702, 3707 through 3710, and 3711 through 3720, by adding Sections 3710.1 through 3710.9 and a new Section 3721, and by re-numbering current Section 3721 as Section 3722, to give the Director of Emergency Communications responsibility for administering the substantive provisions of the Police Emergency Alarm Ordinance and to provide for billing and collection of license and license renewal fees by alarm companies. (Mayor)

2/11/2003, AMENDED.

2/11/2003, PASSED ON FIRST READING AS AMENDED. Supervisor Gonzalez requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

3. 022029 [To appropriate funding to accelerate a business tax collection program] Supervisors McGoldrick, Peskin, Daly, Gonzalez, Newsom, Ma, Maxwell
Ordinance appropriating $119,652 of Business Tax Revenues to the Treasurer/Tax Collector for the purpose of accelerating a business tax and penalties collection program, for fiscal year 2002-03.

(Fiscal impact.)

2/11/2003, PASSED ON FIRST READING. Supervisors Gonzalez, Newsom, Ma and Maxwell requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

Called from Finance Committee by Supervisor Daly

4. 020549 [Special Use District to allow an approved live/work project convert to residential] Supervisor Daly
Ordinance amending the San Francisco Planning Code by adding Section 249.23 to create the Fourth and Freelon Streets Special Use District encompassing the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street and by adding Section 263.16 to create special height and bulk exceptions for the Fourth and Freelon Streets Special Use District, which would allow previously approved but unbuilt live/work units to convert to market-rate residential units and additional market-rate residential units to be constructed with an allowable increase in height from 50' to 85' and a dwelling unit density governed by the permissible building envelope; provided that (i) the developer shall construct at the developer's sole expense, on land owned or purchased by the developer in either the South of Market Area or the North of Market Residential Special Use District, off-site affordable rental housing with square footage equal to 15% of the total residential units to be constructed offset by the cost of land acquisition, with a minimum of 56 units constructed of no less than 400 square feet each, (ii) the units shall be rental units affordable to low- and lower income households with income not exceeding 50% of San Francisco's median income, which shall remain affordable for a period of 50 years from their date of initial occupancy, and (iii) upon completion, land title shall be transferred to and the off-site affordable housing building shall be owned, managed and operated by a nonprofit housing organization. If the nonprofit housing organization is dissolved, the affordable housing building and land shall be transferred to another nonprofit housing organization or, if no such organization can be found, shall revert to the City. Approval of the market rate housing project shall be through a conditional use authorization with payment of a $10,000 fee if application is made within one year.

1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

2/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

2/4/2003, CONTINUED AS AMENDED ON FIRST READING.

2/11/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

2/11/2003, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

5. 020550 [Zoning Map Amendment] Supervisor Daly
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 and the height and bulk designation of the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street.

(Final Environmental Impact Report, dated September 7, 2000)
(12/9/02 in Board: Supervisor Daly submitted a substitute ordinance bearing same title.)

1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

2/4/2003, PASSED ON FIRST READING.

2/11/2003, CONTINUED. Continued to February 18, 2003

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of Rules and Audits Committee

Present: Supervisors Hall, Gonzalez

6. 030154 [Rules of Order to limit three unexcused absences for Supervisor from Commitee] Supervisor Peskin
Motion amending the Rules of the Board of Supervisors to provide that if a Supervisor has more than three unexcused absences from a Committee during a six-month period, the Supervisor shall have vacated the Committee position, and the President shall be requested to fill the Committee vacancy.

2/11/2003, CONTINUED. Continued to February 18, 2003

Question: Shall this Motion be ADOPTED?

7. 030076 [Supervisors serving on outside Boards and Commissions] Supervisors Gonzalez, Daly
Motion amending Rule 6.15 of the Rules of Order of the Board of Supervisors to provide that before a Supervisor may be appointed to a second outside Board of Commission (excluding the San Francisco LAFCO and the Transportation Authority) every other Supervisor shall have been given the opportunity to serve on at least one outside Board of Commission.

2/11/2003, CONTINUED. Continued to February 18, 2003

Question: Shall this Motion be ADOPTED?

8. 030176 [Appointment, Public Utilities Commission]
Motion approving the Mayor's re-appointment of Ashok Bhatt to the Public Utilities Commission, for the term ending January 15, 2007. (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. Companion measure to Files 030177 and 030178.
Transmittal date - January 30, 2003.

2/11/2003, CONTINUED. Continued to February 18, 2003

Question: Shall this Motion be ADOPTED?

NEW BUSINESS

Recommendation of the Finance Committee

Present: Supervisors Peskin, Daly, Maxwell

9. 030031 [Establishing Monthly Contribution Amount]
Resolution establishing monthly contribution amount to Health Service Trust Fund. (Human Resources Department)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

COMMITTEE REPORTS

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

From the Finance Committee

The following items will be considered by the Finance Committee at a Regular Meeting on Wednesday, February 12, 2003. The Chair intends to request the Committee to send the following items to the Board as a committee report.

10. 030132 [Funding for the investigation and litigation against Tutor-Saliba Construction] Supervisors Peskin, Daly
Ordinance appropriating, retroactive to July 1, 2002, $2,500,000 of Airport fund balance for investigation and litigation expense by the City Attorney against Tutor-Saliba Construction for fiscal year 2002-03.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 030145 [Contingency Fee Agreement] Supervisors Peskin, Daly
Resolution approving and authorizing a contingency fee agreement between the City and a law firm selected by the City Attorney, in connection with the litigation initiated by the City Attorney against Tutor-Saliba Corporation and related entities over construction projects at the San Francisco International Airport.

(Fiscal impact; Companion measure to File 030132.)

Question: Shall this Resolution be ADOPTED?

12. 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.

13. PUBLIC COMMENT

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

APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST

These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

14. 030218 [Legislative Analyst Request] Supervisor McGoldrick
Motion directing the Office of Legislative Analyst to process suggestions by City employees on reducing or eliminating City expenditures and reporting their recommendations to the Finance Committee.

Question: Shall this Motion be ADOPTED?

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

City as Plaintiff

15. 030086 [Existing Litigation - City and County San Francisco v. Tutor Saliba Corp.]
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 by the City and County of San Francisco. The litigation involves allegations of fraudulent practices on the part of City contractors involved in building the new international terminal at San Francisco International Airport.

City and County of San Francisco, et al. v. Tutor-Saliba Corporation, et al.
U. S. District Court No. C 02 5286, filed 11/1/02

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. (City Attorney)

Action: _____________________________________________

Motion that the Board of Supervisors convene in closed session with the City Attorney, under the provisions of Government Code Section 54956.9 (b) & (c), and Administrative Code Section 67.10, for the purpose of conferring with, or receiving advice from, the City Attorney, regarding the proposed settlement listed above.

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 16 through 28

16. 030202 [US Flag Cruise Ships] Supervisor Newsom
Resolution urging the drafting of legislation to provide for foreign-built, U.S.-flag cruise ships in the coastal United States similar to the Inouye amendment for Hawaii.

2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

2/11/2003, CONTINUED. Continued to February 18, 2003

Question: Shall this Resolution be ADOPTED?

17. 030220 [International Museum of Women] Supervisor Daly
Resolution exempting the potential lease of Pier 26 and Pier 24 annex to the International Museum of Women from the competitive bidding policy set forth in Administrative Code Section 2.6-1.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

18. 030225 [Medical Marijuana Awareness Week] Supervisor Daly
Resolution declaring February 15 through 22, 2003 as "Medical Marijuana Awareness Week" in San Francisco.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

19. 030226 [Commend SF Police Officers - Mission Station] Supervisor Dufty
Resolution to commend the Officers of the San Francisco Police Department, Mission Station, for outstanding police work in apprehending a significant possible suspect in the recent spade of Noe Valley Neighborhood Home Burglaries.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

20. 030237 [911 Digital Technology] Supervisor Newsom
Resolution urging the Office of the District Attorney, the San Francisco Police Department, the Department of Telecommunications and Information Systems, the Emergency Communications Department, and the Department on the Status of Women to collaborate in order to consider and make recommendations on the advantages of bringing 911 digital technology to the City and County of San Francisco as another viable medium of combating domestic violence.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

21. 030238 [Commend Black History Month] Supervisors Maxwell, Dufty, Ma
Resolution commending the recognition of Black History Month.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

22. 030240 [Commend Papillon III San Francisco] Supervisor Ma
Resolution commending Papillon III San Francisco for its dedication and commitment to celebrating San Francisco's multicultural traditions.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

23. 030241 [Commend Helen Sause] Supervisor Newsom
Resolution commending Helen Sause upon her retirement from the San Francisco Redevelopment Agency and for her numerous contributions to the City and County of San Francisco.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

24. 030242 [BART Board of Directors Appointment - District 7] Supervisors Peskin, Maxwell, Hall, Dufty, McGoldrick, Daly, Newsom, Ma, Sandoval, Gonzalez
Resolution urging the BART Board of Directors to appoint a San Franciscan to the Board's currently vacant District 7 seat, due the essential role of San Francisco to BART and BART's critical role in San Francisco's transportation network.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

25. 030206 [Final Map for a 5 Unit Mixed Use Condominium Project]
Motion approving Final Map of 2801 Octavia Street / 1800 Union Street, A Mixed Use Condominium Project, being a subdivision of Lot 7 in Assessor's Block No. 530, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(No Public Benefit Recipient.)

2/7/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

26. 030217 [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.

2/11/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

27. 030239 [Committee of the Whole - Presentation on Reinventing Government] Supervisor McGoldrick
Motion scheduling a Committee of the Whole on February 25, 2003, at 3:00 p.m. to hear Ted Gaebler, author of Reinventing Government.

2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

28. 030227 [Committee of the Whole - Exploitation of Youth] Supervisors Ammiano, Maxwell
Motion scheduling a Committee of the Whole for February 25th, 2003, at 3:00 p.m. to hear a presentation of the recommendations from Task Force to End the Exploitation of Youth.

2/11/2003, 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:_________________________________________

29. 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 February 4, 2003 through noon on February 10, 2003, for reference by President to appropriate committee on Febrruary 18, 2003.

030146 [Changing Official Width of Sidewalk] Supervisor McGoldrick
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1558 to change the official sidewalk width at the southeast and southwest corners of Woodside and Idora Avenues; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes. (Public Works Department)

(No Public Benefit Recipient.)

2/7/2003, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from February 4, 2003 through noon on February 10, 2003, for reference by President to appropriate committee on Febrruary 18, 2003.

030179 [Lease of Real Property]
Resolution authorizing the exercise of a five year option to extend the lease of approximately 25,939 square feet of space at 1390 Market Street for the Department of Public Health. (Real Estate Department)

(Public Benefit Recipient.)

2/10/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030260 [Petitions and Communications]
Petitions and Communications received from February 6, 2003 through noon on February 12, 2003 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on February 18, 2003.

From San Francisco Planning and Urban Research Association, submitting support for Proposition A "instant runoff" ballot passed by San Francisco voters in March 2002. Copy: Each Supervisor(1)

From Academy of Sciences, submitting notice that the department 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. 20030113-072) Copy: Supervisor McGoldrick(2)

From Office of the Controller, regarding authorization for the San Francisco Finance Corporation to issue Lease Revenue Bonds. File 030131, Copy: Finance Committee(3)

From State Senate Rules Committee, submitting appointment of Gerald Cochran of Cresent City and John R. Giorgi of Gazelle to the Water Quality Control Board, North Coast Region.(4)

From Clerk of the Board, submitting copy of the Civil Service Commission's fiscal year 2001-02 annual report.(5)

From Mayor's Office of Criminal Justice, submitting notice that the department 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. 20030113-090) Copy: Supervisor McGoldrick(6)

From Office of the Controller, submitting annual Audit Plan report for fiscal year 2002-03.(7)

From Housing Authority, submitting notice that the department 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. 20030113-039) Copy: Supervisor McGoldrick(8)

From Department of Public Works, submitting notice that the department 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. 20030113-077) Copy: Supervisor McGoldrick(9)

From Office of the Legislative Analyst, submitting report regarding the purpose and history of all existing Business Improvement Districts in the City and County of San Francisco. File 021934, Copy: Supervisor Newsom (10)

From Office of the Controller, submitting report regarding the Human Rights Commission compliance audit of the sewer replacement contract between the Public Utilities Commission and J. Flores Construction Company, Inc.(11)

From Office of the Controller, submitting audit report of the department heads transition at the Department of Human Services.(12)

From Transportation Authority, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-049) Copy: Supervisor Hall(13)

From Transportation Authority, submitting notice that the department 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. 20030113-052) Copy: Supervisor McGoldrick(14)

From Department of Public Health, regarding implementation of Assembly Bill 1421 in the City and County of San Francisco. (Reference No. 20021112-002) Copy: Supervisor Newsom(15)

From Department of Human Services, submitting notice that the department 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. 20030113-071) Copy: Supervisor McGoldrick(16)

From Unitarian Universalistic Congregation of Marian, submitting support to preserve the 141 bed locked psychiatric mental health rehab facility at 887 Potrero Avenue. (17)

From Department on the Status of Women, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-059) Copy: Supervisor Hall(18)

From Office of the Treasurer, submitting report on the investment activity (for fiscal year to date) of the portfolios under management. (19)

From SF Youth Fund, requesting consideration to participate in the upcoming Annual Joint Fundraising Drive. (20)

From Public Utilities Commission, submitting resolution regarding concern with and opposition to provisions of the USA Patriot Act as adopted by the Library Commission at its February 4, 2003 regular meeting. (21)

From State Department of Health Services, submitting guidelines and forms for fiscal year 2001-02 County Health Services Program Contracts. (22)

From State Department of Health Services, submitting report regarding the net disproportionate share hospital revenue trust/special revenue fund balance for fiscal year 2001-02. (23)

From S.F. Building and Construction Trades Council, submitting copy of the "Agreement for Voluntary Payment of Prevailing Wages" dated February 10, 2003. File 030098(24)

From Port, submitting notice that the department 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. 20030113-059) Copy: Supervisor McGoldrick(25)

From Department of Children, Youth and Their Families, submitting notice that the department 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. 20030113-089) Copy: Supervisor McGoldrick(26)

From Office of the Controller Audits Division, submitting report concerning the compliance audit of the as-needed engineering services contract between the Public Utilities Commission and CET/Gabble, a Joint Venture Association. (27)

From Planning Department, submitting background material on amendments to the Planning Code and Zoning Map to reclassify 2161 Sutter Street from NC-2 (Small-Scale Neighborhood Commercial) to RM-3 (Residential, Mixed, Medium Density) Zoning District. Copy: Each Supervisor(28)

From Arlene Campbell, submitting copy of the "Dispute Resolution Procedures" for the Northern District of California. (29)

From Ana Arguello, submitting support for proposed "4th and Freelon Street Special Use District. File 030098, Copy: Each Supervisor(30)

From John Junked, regarding Congresswoman Woolly and confirmation of Thomas Ridge as Secretary of Homeland Security. (31)

From Sue Hestor, regarding environmental review for the proposed 4th and Freelon Streets Special Use District.Files 030098, 020549, 020550, Copy: Each Supervisor(32)

From Department of Public Works, submitting report on quality of life issues surrounding the area around the Palace of Fine Arts. (Reference No. 20030113-022) Copy: Supervisor Newsom(33)

From Planning Department, submitting notice that Brian Grant (Praxis Architects) has filed for a building permit for property located at 119 Monterey Boulevard. (34)

From Department of Consumer Assurance, submitting notice that the department 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. 20030113-065) Copy: Supervisor McGoldrick(35)

From Port, submitting notice that the department 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. 20030113-059) Copy: Supervisor McGoldrick(36)

From Residential Rent Stabilization and Arbitration Board, submitting notice that the department 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. 20030113-083) Copy: Supervisor McGoldrick(37)

From Public Utilities Commission, submitting press release regarding revised power contract to save San Francisco $16.5 million dollars. (38)

From Airport, regarding the Fleet ZIP program for the California Air Resources Board. (Reference No. 20030121-014) Copy: Supervisor Daly(39)

From Department of Parking and Traffic, regarding pending hearing on public safety policies regarding individuals living in vehicles. (Reference No. 20021216-007) Copy: Supervisor Sandoval(40)

From Oxygen Editions, submitting copy of letter sent to Police Chief Prentice Sanders regarding the environment around Union Square.(41)

From Patrick Monette-Shaw, regarding public testimony at Health Commission meeting of February 5, 2003 regarding proposed budget for fiscal year 2003-04.(42)

From James Bransten, commenting on the "Care not Cash" program passed by the voters of the City and County of San Francisco at the November 2002 election.(43)

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
� For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
� For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
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 244, San Francisco CA 94102, 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

	APPROVAL OF MEETING MINUTES






		Motion to approve the January 21, 2003 Meeting Minutes.

	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.

	Recommendations of the Finance Committee






		Present: Supervisors Peskin, Daly, Maxwell

1.	021913	[Expanding eligibility for the heart trouble and pneumonia presumption to certain members of the Police Department and Fire Department]	Supervisors McGoldrick, Peskin, Daly, Maxwell, Sandoval, Hall, Gonzalez
		Ordinance amending section 16.86 of the San Francisco Administrative Code to provide that certain prior service in another police or fire department shall be counted toward qualification for the heart trouble and pneumonia presumption.

		(Fiscal impact.)
		2/11/2003, PASSED ON FIRST READING. Supervisors Sandoval, Hall and Gonzalez requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

2.	021995	[Revising administration of Police Emergency Alarm Ordinance]	Mayor, Supervisors Daly, Gonzalez
		Ordinance amending the San Francisco Police Code by amending Sections 3702, 3707 through 3710, and 3711 through 3720, by adding Sections 3710.1 through 3710.9 and a new Section 3721, and by re-numbering current Section 3721 as Section 3722, to give the Director of Emergency Communications responsibility for administering the substantive provisions of the Police Emergency Alarm Ordinance and to provide for billing and collection of license and license renewal fees by alarm companies. (Mayor)


		2/11/2003, AMENDED.

		2/11/2003, PASSED ON FIRST READING AS AMENDED. Supervisor Gonzalez requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	022029	[To appropriate funding to accelerate a business tax collection program]	Supervisors McGoldrick, Peskin, Daly, Gonzalez, Newsom, Ma, Maxwell
		Ordinance appropriating $119,652 of Business Tax Revenues to the Treasurer/Tax Collector for the purpose of accelerating a business tax and penalties collection program, for fiscal year 2002-03.

		(Fiscal impact.)
		2/11/2003, PASSED ON FIRST READING. Supervisors Gonzalez, Newsom, Ma and Maxwell requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	020549	[Special Use District to allow an approved live/work project convert to residential]	Supervisor Daly
		Ordinance amending the San Francisco Planning Code by adding Section 249.23 to create the Fourth and Freelon Streets Special Use District encompassing the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street and by adding Section 263.16 to create special height and bulk exceptions for the Fourth and Freelon Streets Special Use District, which would allow previously approved but unbuilt live/work units to convert to market-rate residential units and additional market-rate residential units to be constructed with an allowable increase in height from 50' to 85' and a dwelling unit density governed by the permissible building envelope; provided that (i) the developer shall construct at the developer's sole expense, on land owned or purchased by the developer in either the South of Market Area or the North of Market Residential Special Use District, off-site affordable rental housing with square footage equal to 15% of the total residential units to be constructed offset by the cost of land acquisition, with a minimum of 56 units constructed of no less than 400 square feet each, (ii) the units shall be rental units affordable to low- and lower income households with income not exceeding 50% of San Francisco's median income, which shall remain affordable for a period of 50 years from their date of initial occupancy, and (iii) upon completion, land title shall be transferred to and the off-site affordable housing building shall be owned, managed and operated by a nonprofit housing organization. If the nonprofit housing organization is dissolved, the affordable housing building and land shall be transferred to another nonprofit housing organization or, if no such organization can be found, shall revert to the City. Approval of the market rate housing project shall be through a conditional use authorization with payment of a $10,000 fee if application is made within one year.


		1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

		2/4/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		2/4/2003, CONTINUED AS AMENDED ON FIRST READING.

		2/11/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

		2/11/2003, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

5.	020550	[Zoning Map Amendment]	Supervisor Daly
		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 and the height and bulk designation of the property zoned Service Light Industrial and bounded by Fourth Street, Freelon Street, Zoe Street and Welsh Street.

		(Final Environmental Impact Report, dated September 7, 2000) (12/9/02 in Board: Supervisor Daly submitted a substitute ordinance bearing same title.)
		1/21/2003, CALLED FROM COMMITTEE. Supervisor Daly requested this matter be scheduled for the February 4, 2003 Board meeting.

		2/4/2003, PASSED ON FIRST READING.

		2/11/2003, CONTINUED. Continued to February 18, 2003


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of Rules and Audits Committee






		Present: Supervisors Hall, Gonzalez

6.	030154	[Rules of Order to limit three unexcused absences for Supervisor from Commitee]	Supervisor Peskin
		Motion amending the Rules of the Board of Supervisors to provide that if a Supervisor has more than three unexcused absences from a Committee during a six-month period, the Supervisor shall have vacated the Committee position, and the President shall be requested to fill the Committee vacancy.


		2/11/2003, CONTINUED. Continued to February 18, 2003


		Question: Shall this Motion be ADOPTED?

7.	030076	[Supervisors serving on outside Boards and Commissions]	Supervisors Gonzalez, Daly
		Motion amending Rule 6.15 of the Rules of Order of the Board of Supervisors to provide that before a Supervisor may be appointed to a second outside Board of Commission (excluding the San Francisco LAFCO and the Transportation Authority) every other Supervisor shall have been given the opportunity to serve on at least one outside Board of Commission.


		2/11/2003, CONTINUED. Continued to February 18, 2003


		Question: Shall this Motion be ADOPTED?

8.	030176	[Appointment, Public Utilities Commission]
		Motion approving the Mayor's re-appointment of Ashok Bhatt to the Public Utilities Commission, for the term ending January 15, 2007. (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. Companion measure to Files 030177 and 030178. Transmittal date - January 30, 2003.
		2/11/2003, CONTINUED. Continued to February 18, 2003


		Question: Shall this Motion be ADOPTED?

	Recommendation of the Finance Committee






		Present: Supervisors Peskin, Daly, Maxwell

9.	030031	[Establishing Monthly Contribution Amount]
		Resolution establishing monthly contribution amount to Health Service Trust Fund. (Human Resources Department)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

	COMMITTEE REPORTS


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

	From the Finance Committee




		The following items will be considered by the Finance Committee at a Regular Meeting on Wednesday, February 12, 2003. The Chair intends to request the Committee to send the following items to the Board as a committee report.

10.	030132	[Funding for the investigation and litigation against Tutor-Saliba Construction]	Supervisors Peskin, Daly
		Ordinance appropriating, retroactive to July 1, 2002, $2,500,000 of Airport fund balance for investigation and litigation expense by the City Attorney against Tutor-Saliba Construction for fiscal year 2002-03.

		(Fiscal impact.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?

11.	030145	[Contingency Fee Agreement]	Supervisors Peskin, Daly
		Resolution approving and authorizing a contingency fee agreement between the City and a law firm selected by the City Attorney, in connection with the litigation initiated by the City Attorney against Tutor-Saliba Corporation and related entities over construction projects at the San Francisco International Airport.

		(Fiscal impact; Companion measure to File 030132.)

		Question: Shall this Resolution be ADOPTED?

12.	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.

13.	PUBLIC COMMENT


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

	APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST


	These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

14.	030218	[Legislative Analyst Request]	Supervisor McGoldrick
		Motion directing the Office of Legislative Analyst to process suggestions by City employees on reducing or eliminating City expenditures and reporting their recommendations to the Finance Committee.



		Question: Shall this Motion be ADOPTED?

15.	030086	[Existing Litigation - City and County San Francisco v. Tutor Saliba Corp.]
		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 by the City and County of San Francisco. The litigation involves allegations of fraudulent practices on the part of City contractors involved in building the new international terminal at San Francisco International Airport. City and County of San Francisco, et al. v. Tutor-Saliba Corporation, et al. U. S. District Court No. C 02 5286, filed 11/1/02 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. (City Attorney)


		Action: _____________________________________________




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




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




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

16.	030202	[US Flag Cruise Ships]	Supervisor Newsom
		Resolution urging the drafting of legislation to provide for foreign-built, U.S.-flag cruise ships in the coastal United States similar to the Inouye amendment for Hawaii.


		2/4/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

		2/11/2003, CONTINUED. Continued to February 18, 2003


		Question: Shall this Resolution be ADOPTED?

17.	030220	[International Museum of Women]	Supervisor Daly
		Resolution exempting the potential lease of Pier 26 and Pier 24 annex to the International Museum of Women from the competitive bidding policy set forth in Administrative Code Section 2.6-1.


		2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?

18.	030225	[Medical Marijuana Awareness Week]	Supervisor Daly
		Resolution declaring February 15 through 22, 2003 as "Medical Marijuana Awareness Week" in San Francisco.


		2/11/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.


		Question: Shall this Resolution be ADOPTED?