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
Tuesday, April 22, 2003
2:00 PM

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 14

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma

1. 030396 [Accept/Expend Federal Funding - McKinney 2002 Continuum of Care Homeless Assistance Programs] Supervisor Dufty

Resolution retroactively authorizing the Department of Human Services to accept and expend a grant in the amount of $1,916,317 from the U.S. Department of Housing and Urban Development for the McKinney Continuum of Care Homeless Assistance Programs. (Human Services Department)

Question: Shall this Resolution be ADOPTED?

2. 030397 [Accept-Expend State Grant - Supportive Housing Initiative Act] Supervisors Newsom, Dufty

Resolution authorizing the Department of Human Services to retroactively accept and expend a grant in the amount of $708,761 from the California Department Of Mental Health Supportive Housing Initiative Act for supportive housing targeting adults with disabilities. (Human Services Department)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

3. 030471 [AIDS surveillance training materials for international sites] Supervisor Dufty

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $93,523 with The Regents of the University of California San Francisco (UCSF), the primary contractor to participate in developing materials, field testing, and providing technical assistance in AIDS surveillance training at various international sites, for the period of January 1, 2003, to September 29, 2003. (Public Health Department)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

4. 030501 [Accept-Expend Federal Grant - Mayor's Office of Criminal Justice] Supervisors Dufty, Ma

Resolution authorizing the Mayor's Office of Criminal Justice to retroactively accept and expend supplemental grant funding in the amount of $10,000 for Federal FY 1999 and a grant amount of $14,655 for Federal FY 2002 from the U.S. Department of Justice under the Bulletproof Vest Partnership Act to equip law enforcement officers in the Sheriff's Department, Police Department and the Office of the District Attorney with armor vests. (Mayor)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

5. 020592 [Modifying collection procedures for the Transit Impact, Housing, Child Care, Park and Inclusionary Housing Fees by transferring responsibility for collection and enforcement to the Supervisors Peskin, McGoldrick, Daly, Maxwell, Dufty

Ordinance (1) amending the Planning Code by amending Sections 139, 313.1, 313.4, 313.5, 313.6, 313.7, 313.8, 313.9, 313.10, 314.1, 314.4, 314.5, 315.3 and 315.6 to transfer collection authority for in lieu fees collected for the Park Fund, the Jobs-Housing Linkage Program, Child Care Requirement and the Inclusionary Affordable Housing Program from the Controller to the Treasurer and conform collection procedures for these fees, and require that funds from the Child Care Capital Fund and the Downtown Park Fund be used to fund nexus studies for the Downtown Park Fee and the Child Care Fee; and (2) amending the Administrative Code by amending Sections 38.1, 38.3, 38.4, 38.5, 38.6, 38.8, 38.8.5, 38.9, 38.10, 38.11 and 38.45 to transfer collection of the Transit Impact Development Fee from the General Manager of the Public Utilities Commission to the Treasurer and conform collection and enforcement procedures for the fee.

3/18/2003, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title and requested this item be scheduled for consideration at the March 2, 2003 meeting.

4/15/2003, AMENDED. Amended on page 5, line 23 by deleting "housing".

4/15/2003, PASSED ON FIRST READING AS AMENDED. Supervisors McGoldrick, Daly and Maxwell requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

6. 030480 [Settlement of Lawsuit - Freeman Decorating Co. and TFC Management, Inc.] Supervisor Gonzalez

Ordinance authorizing settlement of the lawsuit filed by Freeman Decorating Co. and TFC Management, Inc., against the City and County of San Francisco for $37,500.00; the lawsuit was filed on April 27, 2001 in San Francisco Superior Court, Case No. 320-869; entitled Freeman Decorating Co., et al., v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year.

(Public Benefit Recipient.)

4/15/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

7. 030479 [Settlement of Lawsuit - CNET Networks, Inc.] Supervisor Gonzalez

Ordinance authorizing settlement of the lawsuit filed by CNET Networks, Inc., against the City and County of San Francisco for $137,541.00; the lawsuit was filed on July 5, 2002 in San Francisco Superior Court, Case No. 409-891; entitled CNET Networks, Inc. v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year.

(Public Benefit Recipient.)

4/15/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

8. 030478 [Settlement of Lawsuit - Heller Ehrman White & McAuliffe LLP] Supervisor Gonzalez

Ordinance authorizing settlement of the lawsuit filed by Heller Ehrman White & McAuliffe LLP, a Limited Liability Partnership, and Heller Ehrman White & McAuliffe, a California Professional Corporation, against the City and County of San Francisco for $153,000.00; the lawsuit was filed on May 16, 2001 in San Francisco Superior Court, Case No. 321-383; entitled Heller Ehrman White & McAuliffe LLP, et al., v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year.

(Public Benefit Recipient.)

4/15/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

9. 030481 [Authorization to make a binding settlement offer - Federated Western Properties, Inc.] Supervisor Gonzalez

Ordinance authorizing the City Attorney to make an offer to allow judgment pursuant to California Code of Civil Procedure Section 998 in Macy's West, Inc.; Federated Western Properties, Inc. (successor in interest to Broadway Stores, Inc., dba Macy's); Federated Systems Group, Inc.; Macy's.com, Inc. v. City and County of San Francisco San Francisco Superior Court No. 313930, for a total amount not to exceed $3,300,000.00; and in no event any amount that would create liability to the City pursuant to the Most Favored Nations Clause in the General Motors Corporation v. City and County of San Francisco San Francisco Superior Court No. 301510 (Court of Appeal No. A091914) and Eastman Kodak Company v. City and County of San Francisco San Francisco Superior Court No. 302983 (Court of Appeal No. A091910) ("GM cases") Settlement Agreements.

(Public Benefit Recipient.)

4/15/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Hall, Dufty, Gonzalez

10. 030392 [Settlement of Legal Proceeding on Underground Construction Co., Inc. and Qwest Communications Corporation]

Ordinance authorizing settlement of administrative penalties conditionally imposed by the Department of Public Works on Underground Construction Co., Inc. and Qwest Communications Corporation. (City Attorney)

(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 030393 [Settlement of Lawsuit - Huey, et al. v. CCSF, et al.]

Ordinance authorizing settlement of the lawsuit filed by seven plaintiffs, in a lawsuit known as Huey, et al. against the City and County of San Francisco for $250,000 as follows: $87,500 in back overtime wages, $87,500 in liquidated damages and $75,000 in attorney's fees and costs; the lawsuit was filed on July 9, 2001 in the United States District Court, Case No. C01-4337 SBA; entitled Huey, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 030170 [Appointment]

Resolution appointing Jennifer Friedenbach, Gail Gilman, Barry Hermanson, Leon Winston and Marcia Argyris terms ending May 15, 2004 to the Local Homeless Coordinating Board. Residency requirement waived.

Jennifer Friedenbach, succeeding herself, term expired, seat 4, must represent area of advocacy, for a two year term ending 5/15/04.
Gail Gilman, succeeding herself, term expired, seat 6, must be a service provider, for a two year term ending 5/15/04.
Barry Hermanson, succeeding himself, term expired, seat 8, must represent the business community, for a two year term ending 5/15/04.
Leon Winston, succeeding Laura Ware, term expired, seat 9, must represent education and/or training, for a two year term ending 5/15/04.
Marcia Argyris, succeeding herself, term expired, seat 10, must represent a foundation, for a two year term ending 5/15/04. (residency requirement waived).

Question: Shall this Resolution be ADOPTED?

13. 030378 [Appointment]

Resolution appointing Helen Kwan, term ending date to be determined to the Pedestrian Safety Advisory Committee.

Helen Kwan, new position, seat 5, must be a representative from a senior or disability organization, for a two-year term (ending date to be determined).

Question: Shall this Resolution be ADOPTED?

14. 030412 [Appointment]

Resolution appointing Steve Chester and Stuart Berger, terms ending May 15, 2003 to the Local Homeless Coordinating Board.

Steve Chester, succeeding Diane Burke, resigned, seat 1, must represent homeless or formerly homeless, for the unexpired portion of a two year term ending May 15, 2003.
Stuart Berger, succeeding Joyce Miller, resigned, seat 3, must represent area of advocacy, for the unexpired portion of a two year term ending May 15, 2003.

Question: Shall this Resolution be ADOPTED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

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

15. 030373 [Affirming adoption of the negative declaration for 40-50 Lansing Street]

Motion affirming the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)

3/25/2003, CONTINUED. Continued to April 8, 2003

4/8/2003, CONTINUED. Continued to April 22, 2003

Question: Shall this Motion be ADOPTED?

16. 030374 [Reversing adoption of the negative declaration for 40-50 Lansing Street]

Motion reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)

3/25/2003, CONTINUED. Continued to April 8, 2003

4/8/2003, CONTINUED. Continued to April 22, 2003

Question: Shall this Motion be ADOPTED?

17. 030375 [Preparation of findings to reverse adoption of the negative declaration for 40-50 Lansing Street]

Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)

3/25/2003, CONTINUED. Continued to April 8, 2003

4/8/2003, CONTINUED. Continued to April 22, 2003

Question: Shall this Motion be ADOPTED?

Recommendation of the Budget Committee

Present: Supervisors Daly, Peskin, Maxwell, Ma, Gonzalez

18. 030416 [Funding for lease financing of two asphalt storage silos] Supervisors Peskin, Gonzalez, Daly, Maxwell

Ordinance appropriating $2,155,617 of lease financing revenues to construct two asphalt storage silos for the Department of Public Works for fiscal year 2002-03; and declaring the City's intent to reimburse itself for such appropriations from the proceeds of a lease-purchase financing. (Mayor)

(Fiscal impact.)

4/15/2003, PASSED ON FIRST READING. Supervisor Peskin requested to be added as sponsor. Supervisors Gonzalez, Daly and Maxwell requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell

19. 021854 [Construction Site Sign Requirements] Supervisors Peskin, Gonzalez

Ordinance amending the San Francisco Traffic Code Section 33.1 and Public Works Code Section 724.3 relating to sign and placard requirements at construction sites.

3/25/2003, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title.

4/15/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

20. 030207 [2161 Sutter Street - Zoning Map Change]

Ordinance amending the San Francisco Planning Code by adopting changes in property use classification as an amendment to the Zoning Map of the City and County of San Francisco for property described as Assessor's Block 0682, Lot 005, approximately 5,156 square feet in area, from an NC-2 (Small-Scale Neighborhood Commercial) District to an RM-3 (Residential, Mixed, Moderate Density) District and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

(Planning Commission Resolution No. 16514 adopting the proposed Planning Code and Zoning Map amendments on January 23, 2003; Motion No. 16515 approving Conditional Use Application No. 2001.1058C on January 23, 2003; Final Mitigated Negative Declaration adopted and issued on July 12, 2002; No Public Benefit Recipient).

3/25/2003, REFERRED to Land Use Committee.

4/15/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

21. 030274 [Parking Regulations - Portions of Vallejo Street, between Stockton and Powell Streets]

Ordinance adding Section 32.6.35 to the San Francisco Traffic Code restricting parking on portions of Vallejo Street, between Stockton and Powell Streets to marked police vehicles only for San Francisco Police Department's Central Station. (Parking and Traffic Department)

(No Public Benefit Recipient.)

4/15/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of City and School District Select Committee

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

22. 030354 [Public Education Special Fund] Supervisors Daly, Ma, Dufty

Ordinance adding Administrative Code Section 10.100-367 to establish the "Public Education Special Fund."

4/15/2003, CONTINUED. Continued to April 22, 2003 Supervisor Dufty requested to be added as a co-sponsor.

Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendations of the Budget Committee

Present: Supervisors Daly, Peskin, Maxwell, Ma

23. 030420 [Specifying that revenues from littering citations issued by DPW environmental control officers go to DPW] Supervisors McGoldrick, Dufty, Maxwell, Ma, Peskin, Newsom

Ordinance amending Section 38 of the Police Code Article to specify that revenues from citations issued by DPW environmental control officers for littering shall be allocated to DPW and used to fund litter enforcement and abatement.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 030482 [Administrative Penalties for Littering and Specified Nuisance Violations] Supervisors McGoldrick, Peskin, Maxwell, Dufty

Ordinance amending Sections 37, 38, and 63 of the Police Code, Sections 41.13, 283.1, 287 and 600 of the Health Code and Sections 170, 173, 174, 174.2, 184.63, and 724.5 of the Public Works Code to authorize the assessment of administrative penalties as an alternative to infractions for littering and specified nuisance violations; amending the Police Code by adding a new Section 39-1 to establish procedures for the imposition, review and collection of administrative penalties.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the City Services Committee

Present: Supervisors Dufty, Ma

25. 030377 [Liquor License Transfer, 2550 Van Ness Avenue]

Resolution determining that the transfer of a Type 48 on-sale general public premises license from 515 Broadway Street to 2550 Van Ness Avenue, Unit #2 (District 6), to Frank S. Montarello, Jr. for Stellar One, Inc. dba "Broadway Joes" will serve the public convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

26. 022033 [Grant Applications] Supervisors Sandoval, Gonzalez, Peskin, McGoldrick

Ordinance amending San Francisco Administrative Code Section 10.170 to provide that all grant applications (except for grants originating from the Transportation Authority) submitted by the City requesting funding for one hundred thousand dollars or more shall be subject to approval by the Board of Supervisors by resolution, except for grant funds approved by the Mayor and the Board of Supervisors in the annual budget.

2/4/2003, SUBSTITUTED. Supervisor Sandoval submitted a substitute ordinance bearing new title.

Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 030003 [Sale of 1345 Turk/1140 Fillmore to Redevelopment Agency] Supervisor Gonzalez

Resolution approving the sale of real property located at 1345 Turk and 1140 Fillmore Streets to the San Francisco Redevelopment Agency for $900,000; approving the interdepartmental transfer of jurisdiction over 1345 Turk from the Municipal Transportation Agency to the City's Arts Commission; authorizing the Director of Property to enter into an Agreement for the Sale of Real Property with the San Francisco Redevelopment Agency for the sale of such real property for the development of affordable housing and other public beneficial uses.

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

28. 030404 [Modification to the Professional Service Agreement for North & South International Parking Garages, Concourse H/Airport BART Station and Rental Car Facility]

Resolution retroactively approving Modification No. 3, the Close-out Modification, of Professional Services Agreement for Contract No. 5600AE - North & South Int'l Parking Garages, Concourse H/Airport BART Station and Rental Car Facility with ED2 Int'l/MBT Architecture Joint Venture Architects in the amount of $1,236,926, for a new total contract amount of $23,469,626. (Airport Commission)

(Fiscal impact; No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

From the Rules Committee "Without Recommendation"

Present: Supervisors Dufty, Gonzalez

29. 030189 [Confirming the appointment of Ben Hom to the San Francisco Port Commission] Mayor

Resolution confirming the appointment of Ben Hom to the San Francisco Port Commission, for a four-year term ending May 1, 2006. (Mayor)

(Supervisor Hall excused from voting.)

3/18/2003, CONTINUED. Continued to March 25, 2003

3/18/2003, CONTINUED.

3/25/2003, RE-REFERRED to Rules Committee. Supervisor Hall previously excused from voting on this matter. Supervisor Peskin, seconded by Supervisor Ammiano, moved to re-refer this matter to the Rules Committee.

Question: Shall this Resolution be ADOPTED?

30. ROLL CALL FOR INTRODUCTIONS

Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

31. 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.

32. 030635 [Legislative Analyst Request] Supervisor Hall

Motion requesting the Legislative Analyst to compare and contrast the laws, regulations, and policies of Seattle and New York City for "facilitating" mass protests.

Question: Shall this Motion be ADOPTED?

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 33 through 39

33. 030080 [People's Earth Day in San Francisco] Supervisors Maxwell, Dufty

Resolution proclaiming Saturday, April 26, 2003 as "People's Earth Day Fair" Day in the City and County of San Francisco.

4/15/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 030164 [Proclaim May as American Lung Association's Clean Air Month] Supervisors Maxwell, Dufty

Resolution proclaiming May 2003 as American Lung Association's Clean Air Month in the City and County of San Francisco.

4/15/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 030236 [Commend Tanya Twyman] Supervisor Maxwell

Resolution commending Tanya Twyman for her commitment and dedication to childcare services throughout the City.

4/15/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 030276 [Commend Michael Tilson Thomas and the San Francisco Symphony] Supervisors Daly, Dufty

Resolution commending Michael Tilson Thomas and the San Francisco Symphony for their role as Cultural Ambassadors from the City of San Francisco representing the breadth and depth of the vitality of arts and cultural activities in the City.

4/15/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 030290 [Commend Byron Yoanidis] Supervisor Daly

Resolution commending Byron Yoanidis of San Francisco, for his inspirational effort and his deep commitment to help those who face homelessness and mental illness.

4/15/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 030346 [Commend Deputy City Attorney Randy Edward Riddle] Supervisors Ammiano, Dufty

Resolution commending Randy Edward Riddle for 15 years of exemplary public service to San Francisco as a Deputy City Attorney in the Government Law Division of the City Attorney's Office, and wishing him well in his future endeavors as General Counsel for the California Secretary of State.

4/15/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 030595 [Final Map for a 23 Unit Mixed-Use Condominium Project]

Motion approving Final Map of 320 Alabama Street, a Mixed-Use Condominium Project, being a subdivision of Lot 2, Assessor's Block No. 3967, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(No public benefit recipient; DPW Order No. 174,068; Distict 6.)

4/11/2003, 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:_________________________________________

40. 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 April 8, 2003 through April 14, 2003, for reference by President to appropriate committee on April 22, 2003.

030596 [Settlement of Lawsuit]

Ordinance approving settlement of litigation of City and County of San Francisco against Nishkian & Associates for $40,000. (City Attorney)

(Public Benefit Recipient.)

4/11/2003, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from April 8, 2003 through April 14, 2003, for reference by President to appropriate committee on April 22, 2003.

030598 [Settlement of Claim]

Resolution approving the settlement of the unlitigated claim filed by Farmers Insurance Company as subrogee of Yuk Wah Shung against San Francisco; claim was filed on January 21, 2003. (City Attorney)

(Public Benefit Recipient.)

4/14/2003, RECEIVED AND ASSIGNED to Rules Committee.

030650 [Petitions and Communications]

Petitions and Communications received from April 8, 2003 through April 14, 2003, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on April 22, 2003.

From CCSF Employees' Retirement System, submitting cost and effect report relating to proposed amendment of Charter Section A8.500 regarding retirement benefits for miscellaneous safety employees. File 02-0938, Copy: Supervisors Ammiano, Gonzalez, Hall, Dufty (1)

From Police Department, regarding counterfeit currency incidents. (Reference No. 20030225-002) Copy: Supervisor Sandoval (2)

From Department of Consumer Assurance, submitting notice that the Department did incur minimum costs of $145.00 (on March 20, 2003) as a result of the anti-war protests that took place in March. (Reference No. 20030325-067) Copy: Supervisor Hall (3)

From Department of Consumer Assurance, submitting comments and observations regarding best practices for managing costs to the City, e.g. SF Police Department officers. (Reference Nos. 20030325-132 and 20030325-197) Copy: Supervisor McGoldrick (4)

From Department of Human Services, regarding implementation of Proposition N, Care Not Cash. (Reference No. 20030318-011) Copy: Supervisor McGoldrick (5)

From ComcastCable Communications, Inc., regarding programming adjustments to the Hispanic programming services currently offered by Comcast Cable Communication, Inc. (6)

From Budget Analyst, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-075) Copy: Supervisor Hall (7)

From Budget Analyst, concerning analysis of the City's risk management efforts. (Reference Nos. 20030325-205 and 20030325-140) Copy: Supervisor McGoldrick (8)

From Department of Building Inspection, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-016) Copy: Supervisor Hall (9)

From Department of Administrative Services, regarding funding to not-for-profit service providers. (Reference No. 20021216-071) Copy: Supervisor Hall (10)

From Department of Administrative Services, concerning review and report on the status of the City's energy efficiency efforts. (Reference No. 20030127-006) Copy: Supervisor Ma (11)

From Department of Parking and Traffic, regarding pedestrian and vehicular safety improvements on or around Jordan Park, including the feasibility of installing speed humps. (Reference No. 20030113-016) Copy: Supervisor Newsom (12)

From Arts Commission, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-037) Copy: Supervisor Hall (13)

From Department of Parking and Traffic, submitting quarterly tow refunds report for the year 2002, pursuant to Administrative Code Section 10C.12. (14)

From Academy of Sciences, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-064) Copy: Supervisor Hall (15)

From Academy of Sciences, regarding procedures governing risk management for departments. (Reference No. 20030325) Copy: Supervisor McGoldrick (16)

From Melissa M. Szeto, submitting her resignation as Executive Director of the Chinese Historical Society of America, effective April 30, 2003. Copy: Each Supervisor (17)

From Department of Public Health, submitting request for waiver of the provisions of Chapter 12B and 12C of the Administrative Code for Armored Transport of California for the procurement of armored pickup and delivery services. (18)

From Youth Commission, submitting opposition to the war in Iraq. (19)

From SF International Airport, submitting the Airport's and Airfield Development Bureau's formal response to the questions posed by members of the Budget Analyst's audit team. (20)

From Michael Ho, submitting opposition to proposed increase in parking fees. Copy: Each Supervisor (21)

From Chief Medical Examiner, regarding procedures governing risk management for departments. (Reference Nos. 20030325-178 and 20030325-113) Copy: Supervisor McGoldrick (22)

From Chief Medical Examiner, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-048) Copy: Supervisor Hall (23)

From SF International Airport, submitting revised request for release of reserved funds in the amount of $5 million dollars for the Airfield Development Bureau to meet the financial obligations associated with the planned work for the remaining months of the fiscal year. Copy: Supervisor Gonzalez, Budget Analyst Harvey Rose (24)

From Office of the Controller, submitting financial reports for the month of March 2003 showing fiscal year 2002-03 status and year-end figures for the prior year (2001-02). Copy: Each Supervisor (25)

From Arts Commission, submitting list of all property occupied or otherwise under the jurisdiction of the San Francisco Arts Commission. Copy: Supervisors Gonzalez, Daly (26)

From Department of Parking and Traffic, regarding expanding the use of the currently limited yellow-striped pedestrian crosswalks to senior centers in San Francisco. (Reference No. 20021216-024) Copy: Supervisor Ma (27)

From Office of the Controller, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-033) Copy: Supervisor Hall (28)

From Department of the Environment, submitting list of Sole Source Contracts for fiscal year 2001-02. (29)

From Office of the Legislative Analyst, submitting report that compares and contrast San Jose's "Blight Ordinance" to San Francisco's Planning Code; including enforcement procedures and enforcement capabilities of the two cities. Copy: Each Supervisor (30)

From Department of Elections, submitting Ballot Proposition Guide (1961 through 2002), which includes a list of historical measures in chronological order, by letter and by keyword index. Copy: Each Supervisor (31)

From Office of the Sheriff, regarding risk management practices in the Sheriff's Department designed to identify risks associated with departmental functions. (Reference No. 20030325-143) Copy: Supervisor McGoldrick (32)

From Office of the Sheriff, submitting the third quarterly expenditure report for fiscal year ending June 30, 2003. Copy: Each Supervisor (33)

From Office of the Treasurer & Tax Collector, submitting the third quarterly report for the Bureau of Delinquency Revenue for fiscal year ending June 30, 2003. (34)

From Department of Public Health, regarding refuse collection in San Francisco. (Reference No. 20030325-004) Copy: Supervisors Dufty, Ammiano (35)

From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under management. (36)

From Department of Public Works, submitting notice that appellants' signature with respect to the 3400 Block of 19th Street represent owners of less than 20% of the area involved and are therefore insufficient for appeal. (37)

From Urban Counties Caucus, submitting Legislative Update for April 2003. (38)

From Department of Parking and Traffic, requesting input be solicited from all City Departments as to the limitations and potential impact that proposed legislation that requires City Departments to seek approval by the Board of Supervisors prior to submission of grant applications for outside funding sources. File 022033, Finance and Audits Committee (39)

From SF Drug Abuse Advisory Board and City-Wide Alcoholism Advisory Board,
submitting report suggesting suppression of informed consent to prospective clients of City and County of San Francisco addiction treatment programs. (40)

From State Board of Equalization, submitting notice that a public hearing regarding proposed amendment to "Change in Ownership Legal Entities" will be
Held in Sacramento on May 28, 2003. (41)

From OMI District Advisory Council, submitting petition opposing cuts in funding and services for youth and elderly programs in San Francisco. (42)

From Richard Robinson, regarding the helpful Clerk of the Board staff in the front office. (43)

From Department of Human Resources, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-019) Copy: Supervisor Hall (44)

From Residential Rent Stabilization and Arbitration Board, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-046) Copy: Supervisor Hall (45)

From Residential Rent Stabilization and Arbitration Board, submitting notice that the Rent Board does not have a risk department. The Director essentially performs this function that applies to personnel issues, equipment and other ancillary projects. The Rent Board does engage the Chief Administrator's Risk Management group for purpose of insuring computer equipment. (Reference No. 2003-0325-111 & 176) Copy: Supervisor McGoldrick (46)

From Department of Public Health, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-069) Copy: Supervisor Hall (47)

From concerned citizen, urging the Board of Supervisors to adopt a "Clean and Sober" Ordinance in San Francisco. (48)

From Corpus Christi School, submitting support for establishing a passenger pick up zone during school hours on Alemany Blvd at Santa Rosa Avenue for student pick up at Corpus Christi School and placement of lower speed limit signs for school zones on the same block of the school on Alemany Blvd. (49)

From Civil Service Commission, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-028) Copy: Supervisor Hall (50)

From War Memorial and Performing Arts Center, submitting notice that the Department incurred the following costs as a result of the previous week's anti-war protest; employee overtime $157.53, and loss of revenue $3,200. (Reference No. 20030325-044) Copy: Supervisor Hall (51)

From Emergency Communications Department, submitting report for the Emergency Communications Department on costs incurred as a result of the March 2003 war protest. (Reference No. 20030325-011) Copy: Supervisor Hall (52)

From concerned citizens, submitting opposition to any additional funding for the SF Airport runway expansion projects. (53)

From Martin Mcgann, regarding his experience with driving and finding parking in San Francisco. Copy: Each Supervisor (54)

From Marias Quintanilla, submitting opposition to Ben Hom's nomination to the Port Commission. File 030189 (55)

From concerned citizens, submitting opposition to proposal to amend the Rent Ordinance. File 021096 (56)

From concerned citizens, submitting opposition to any funding cuts in the Recreation and Park Department's programs and facilities. (57)

From concerned citizens, submitting opposition to any funding cuts in the "Elementary Arts Grant" to public schools in San Francisco. (58)

From San Francisco Bay View, submitting news article entitled "Bad cops must be stopped" dated January 8, 2003. (59)

From Gabriele Strasser, regarding alleged discriminatory treatment of some Muslim students by their teachers in San Francisco public schools. Copy: Each Supervisor (60)

From concerned citizen, commenting that COMPAST Cable Company is using deceptive advertising tactics on its website to lure new customers into paying for its premium services. (61)

From Debra Alderman, submitting opposition to the anti-war protestors actively hindering any delivery and shipment of supplies, food and materials that are meant to help our American troops and Iraqis. (62)

From Asian Art Museum, submitting notice that the Department did not incur any costs as a result of the anti-war protests that took place in March. (Reference No. 20030325-055) Copy: Supervisor Hall (63)

From Norcal Waste Systems, Inc., submitting support for the Precautionary Principle Implementation in San Francisco. (64)

From Doug Tingly, commenting that he is fed up with how the City and County of San Francisco "deals with" the homeless. (65)

From Rod Heisler, suggesting mandatory insulation upgrades be provided by the landlords of rental property for the lifetime of the building. (66)

From Peter Chin, expressing his concern with how the Land Use Committee of April 14, 2003 was conducted. Copy: Supervisors McGoldrick, Gonzalez, Ammiano (67)

From various signators, submitting Form 700 Statement of Economic Interests:
(68)
Brad Benson
Mike Farrah
Matt Gonzalez
Bill Barnes

APPOINTMENTS BY THE MAYOR

Golden Gate Park Concourse Authority Commission
Douglas Moran
Nancy Conner
Stephanie MacColl

Human Services Commission
George Yamasaki Jr.
Anita Martinez

Commission on Aging and Adult Services
Carolyn Devine

War Memorial Board of Trustees
Evelyn Haas
Thomas Horn
Chrysanthy Leones

Juvenile Probation Commission
Damone Hale

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) 554-7854 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

Return to Full Board Agendas

	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.

	Recommendations of the City Services Committee


		Present: Supervisors Dufty, Ma


1.	030396	[Accept/Expend Federal Funding - McKinney 2002 Continuum of Care Homeless Assistance Programs]	Supervisor Dufty
		Resolution retroactively authorizing the Department of Human Services to accept and expend a grant in the amount of $1,916,317 from the U.S. Department of Housing and Urban Development for the McKinney Continuum of Care Homeless Assistance Programs. (Human Services Department)



		Question: Shall this Resolution be ADOPTED?


2.	030397	[Accept-Expend State Grant - Supportive Housing Initiative Act]	Supervisors Newsom, Dufty
		Resolution authorizing the Department of Human Services to retroactively accept and expend a grant in the amount of $708,761 from the California Department Of Mental Health Supportive Housing Initiative Act for supportive housing targeting adults with disabilities. (Human Services Department)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


3.	030471	[AIDS surveillance training materials for international sites]	Supervisor Dufty
		Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $93,523 with The Regents of the University of California San Francisco (UCSF), the primary contractor to participate in developing materials, field testing, and providing technical assistance in AIDS surveillance training at various international sites, for the period of January 1, 2003, to September 29, 2003. (Public Health Department)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


4.	030501	[Accept-Expend Federal Grant - Mayor's Office of Criminal Justice]	Supervisors Dufty, Ma
		Resolution authorizing the Mayor's Office of Criminal Justice to retroactively accept and expend supplemental grant funding in the amount of $10,000 for Federal FY 1999 and a grant amount of $14,655 for Federal FY 2002 from the U.S. Department of Justice under the Bulletproof Vest Partnership Act to equip law enforcement officers in the Sheriff's Department, Police Department and the Office of the District Attorney with armor vests. (Mayor)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Finance and Audits Committee
		Present: Supervisors Peskin, Sandoval, McGoldrick


5.	020592	[Modifying collection procedures for the Transit Impact, Housing, Child Care, Park and Inclusionary Housing Fees by transferring responsibility for collection and enforcement to the	Supervisors Peskin, McGoldrick, Daly, Maxwell, Dufty
		Ordinance (1) amending the Planning Code by amending Sections 139, 313.1, 313.4, 313.5, 313.6, 313.7, 313.8, 313.9, 313.10, 314.1, 314.4, 314.5, 315.3 and 315.6 to transfer collection authority for in lieu fees collected for the Park Fund, the Jobs-Housing Linkage Program, Child Care Requirement and the Inclusionary Affordable Housing Program from the Controller to the Treasurer and conform collection procedures for these fees, and require that funds from the Child Care Capital Fund and the Downtown Park Fund be used to fund nexus studies for the Downtown Park Fee and the Child Care Fee; and (2) amending the Administrative Code by amending Sections 38.1, 38.3, 38.4, 38.5, 38.6, 38.8, 38.8.5, 38.9, 38.10, 38.11 and 38.45 to transfer collection of the Transit Impact Development Fee from the General Manager of the Public Utilities Commission to the Treasurer and conform collection and enforcement procedures for the fee.


		3/18/2003, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title and requested this item be scheduled for consideration at the March 2, 2003 meeting.

		4/15/2003, AMENDED. Amended on page 5, line 23 by deleting "housing".

		4/15/2003, PASSED ON FIRST READING AS AMENDED. Supervisors McGoldrick, Daly and Maxwell requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?


6.	030480	[Settlement of Lawsuit - Freeman Decorating Co. and TFC Management, Inc.]	Supervisor Gonzalez
		Ordinance authorizing settlement of the lawsuit filed by Freeman Decorating Co. and TFC Management, Inc., against the City and County of San Francisco for $37,500.00; the lawsuit was filed on April 27, 2001 in San Francisco Superior Court, Case No. 320-869; entitled Freeman Decorating Co., et al., v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year.

		(Public Benefit Recipient.)
		4/15/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


7.	030479	[Settlement of Lawsuit - CNET Networks, Inc.]	Supervisor Gonzalez
		Ordinance authorizing settlement of the lawsuit filed by CNET Networks, Inc., against the City and County of San Francisco for $137,541.00; the lawsuit was filed on July 5, 2002 in San Francisco Superior Court, Case No. 409-891; entitled CNET Networks, Inc. v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year.

		(Public Benefit Recipient.)
		4/15/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


8.	030478	[Settlement of Lawsuit - Heller Ehrman White & McAuliffe LLP]	Supervisor Gonzalez
		Ordinance authorizing settlement of the lawsuit filed by Heller Ehrman White & McAuliffe LLP, a Limited Liability Partnership, and Heller Ehrman White & McAuliffe, a California Professional Corporation, against the City and County of San Francisco for $153,000.00; the lawsuit was filed on May 16, 2001 in San Francisco Superior Court, Case No. 321-383; entitled Heller Ehrman White & McAuliffe LLP, et al., v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year.

		(Public Benefit Recipient.)
		4/15/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


9.	030481	[Authorization to make a binding settlement offer - Federated Western Properties, Inc.]	Supervisor Gonzalez
		Ordinance authorizing the City Attorney to make an offer to allow judgment pursuant to California Code of Civil Procedure Section 998 in Macy's West, Inc.; Federated Western Properties, Inc. (successor in interest to Broadway Stores, Inc., dba Macy's); Federated Systems Group, Inc.; Macy's.com, Inc. v. City and County of San Francisco San Francisco Superior Court No. 313930, for a total amount not to exceed $3,300,000.00; and in no event any amount that would create liability to the City pursuant to the Most Favored Nations Clause in the General Motors Corporation v. City and County of San Francisco San Francisco Superior Court No. 301510 (Court of Appeal No. A091914) and Eastman Kodak Company v. City and County of San Francisco San Francisco Superior Court No. 302983 (Court of Appeal No. A091910) ("GM cases") Settlement Agreements.

		(Public Benefit Recipient.)
		4/15/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee


		Present: Supervisors Hall, Dufty, Gonzalez


10.	030392	[Settlement of Legal Proceeding on Underground Construction Co., Inc. and Qwest Communications Corporation]
		Ordinance authorizing settlement of administrative penalties conditionally imposed by the Department of Public Works on Underground Construction Co., Inc. and Qwest Communications Corporation. (City Attorney)

		(Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


11.	030393	[Settlement of Lawsuit - Huey, et al. v. CCSF, et al.]
		Ordinance authorizing settlement of the lawsuit filed by seven plaintiffs, in a lawsuit known as Huey, et al. against the City and County of San Francisco for $250,000 as follows: $87,500 in back overtime wages, $87,500 in liquidated damages and $75,000 in attorney's fees and costs; the lawsuit was filed on July 9, 2001 in the United States District Court, Case No. C01-4337 SBA; entitled Huey, et al., v. City and County of San Francisco, et al. (City Attorney)

		(Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


12.	030170	[Appointment]
		Resolution appointing Jennifer Friedenbach, Gail Gilman, Barry Hermanson, Leon Winston and Marcia Argyris terms ending May 15, 2004 to the Local Homeless Coordinating Board. Residency requirement waived.

		Jennifer Friedenbach, succeeding herself, term expired, seat 4, must represent area of advocacy, for a two year term ending 5/15/04. Gail Gilman, succeeding herself, term expired, seat 6, must be a service provider, for a two year term ending 5/15/04. Barry Hermanson, succeeding himself, term expired, seat 8, must represent the business community, for a two year term ending 5/15/04. Leon Winston, succeeding Laura Ware, term expired, seat 9, must represent education and/or training, for a two year term ending 5/15/04. Marcia Argyris, succeeding herself, term expired, seat 10, must represent a foundation, for a two year term ending 5/15/04. (residency requirement waived).

		Question: Shall this Resolution be ADOPTED?


13.	030378	[Appointment]
		Resolution appointing Helen Kwan, term ending date to be determined to the Pedestrian Safety Advisory Committee.

		Helen Kwan, new position, seat 5, must be a representative from a senior or disability organization, for a two-year term (ending date to be determined).

		Question: Shall this Resolution be ADOPTED?


14.	030412	[Appointment]
		Resolution appointing Steve Chester and Stuart Berger, terms ending May 15, 2003 to the Local Homeless Coordinating Board.

		Steve Chester, succeeding Diane Burke, resigned, seat 1, must represent homeless or formerly homeless, for the unexpired portion of a two year term ending May 15, 2003. Stuart Berger, succeeding Joyce Miller, resigned, seat 3, must represent area of advocacy, for the unexpired portion of a two year term ending May 15, 2003.

		Question: Shall this Resolution be ADOPTED?


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


15.	030373	[Affirming adoption of the negative declaration for 40-50 Lansing Street]
		Motion affirming the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)


		3/25/2003, CONTINUED. Continued to April 8, 2003

		4/8/2003, CONTINUED. Continued to April 22, 2003


		Question: Shall this Motion be ADOPTED?


16.	030374	[Reversing adoption of the negative declaration for 40-50 Lansing Street]
		Motion reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)


		3/25/2003, CONTINUED. Continued to April 8, 2003

		4/8/2003, CONTINUED. Continued to April 22, 2003


		Question: Shall this Motion be ADOPTED?


17.	030375	[Preparation of findings to reverse adoption of the negative declaration for 40-50 Lansing Street]
		Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)


		3/25/2003, CONTINUED. Continued to April 8, 2003

		4/8/2003, CONTINUED. Continued to April 22, 2003


		Question: Shall this Motion be ADOPTED?

	Recommendation of the Budget Committee


		Present: Supervisors Daly, Peskin, Maxwell, Ma, Gonzalez


18.	030416	[Funding for lease financing of two asphalt storage silos]	Supervisors Peskin, Gonzalez, Daly, Maxwell
		Ordinance appropriating $2,155,617 of lease financing revenues to construct two asphalt storage silos for the Department of Public Works for fiscal year 2002-03; and declaring the City's intent to reimburse itself for such appropriations from the proceeds of a lease-purchase financing. (Mayor)

		(Fiscal impact.)
		4/15/2003, PASSED ON FIRST READING. Supervisor Peskin requested to be added as sponsor. Supervisors Gonzalez, Daly and Maxwell requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use Committee


		Present: Supervisors McGoldrick, Maxwell


19.	021854	[Construction Site Sign Requirements]	Supervisors Peskin, Gonzalez
		Ordinance amending the San Francisco Traffic Code Section 33.1 and Public Works Code Section 724.3 relating to sign and placard requirements at construction sites.


		3/25/2003, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title.

		4/15/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?


20.	030207	[2161 Sutter Street - Zoning Map Change]
		Ordinance amending the San Francisco Planning Code by adopting changes in property use classification as an amendment to the Zoning Map of the City and County of San Francisco for property described as Assessor's Block 0682, Lot 005, approximately 5,156 square feet in area, from an NC-2 (Small-Scale Neighborhood Commercial) District to an RM-3 (Residential, Mixed, Moderate Density) District and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

		(Planning Commission Resolution No. 16514 adopting the proposed Planning Code and Zoning Map amendments on January 23, 2003; Motion No. 16515 approving Conditional Use Application No. 2001.1058C on January 23, 2003; Final Mitigated Negative Declaration adopted and issued on July 12, 2002; No Public Benefit Recipient).
		3/25/2003, REFERRED to Land Use Committee.

		4/15/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


21.	030274	[Parking Regulations - Portions of Vallejo Street, between Stockton and Powell Streets]
		Ordinance adding Section 32.6.35 to the San Francisco Traffic Code restricting parking on portions of Vallejo Street, between Stockton and Powell Streets to marked police vehicles only for San Francisco Police Department's Central Station. (Parking and Traffic Department)

		(No Public Benefit Recipient.)
		4/15/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of City and School District Select Committee


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