Return to Full Board Agendas

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 27, 2004
2:00 PM

Regular Meeting

MATT GONZALEZ, PRESIDENT
MICHELA ALIOTO-PIER, TOM AMMIANO, CHRIS DALY,
BEVAN DUFTY, TONY HALL, FIONA MA, SOPHIE MAXWELL,
JAKE McGOLDRICK, 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 4

Recommendation of the City Services Committee

Present: Supervisors Dufty, Ma

1. 040351 [Accept - Expend Grant] Supervisor Dufty
Resolution authorizing the Office of the Public Defender to accept and expend a grant in the amount of $120,000 from the Zellerbach Family Foundation for a social worker position dedicated to working with the children of incarcerated parents (CIP). (Public Defender)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Daly, Peskin

2. 040318 [Amending Domestic Partnership requirements] Supervisors Ammiano, Dufty, Daly
Ordinance amending Chapter 62 of the Administrative Code by amending the statement of purpose in Section 62.1; amending Sections 62.2(d), 62.3(b) and 62.5(b) to remove a waiting period for certain domestic partnerships; amending Sections 62.3(a)(2) and 62.10(a) relating to Retirement System requirements; repealing Section 62.3(c) to eliminate a residency requirement; amending Section 62.6(a) to expand the rights and duties of domestic partners; adding Section 62.11 to clarify the Board of Supervisors' authority to amend domestic partnership legislation; adding Section 62.12 to add a severability provision; and adding Section 62.13 to ratify and approve domestic partnerships between certain non-residents.

(Fiscal impact.)

4/20/2004, PASSED ON FIRST READING. Supervisor Daly requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

3. 040389 [Unrepresented Employees]
Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2004. (Mayor)

4/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Land Use Committee

Present: Supervisors Peskin, Maxwell

4. 031930 [Planning Code Amendments - The Old Mint] Supervisors Peskin, Daly, Hall
Ordinance amending the San Francisco Planning Code by amending Section 128 to allow a City-owned landmark in a P (Public) zoning district that is adjacent to properties zoned C-3 (Downtown Commercial) to sell Transferable Development Rights and by amending Section 149 to authorize the landmark to receive artwork contributions in order to finance rehabilitation and restoration of the exterior of the property; adopting findings.

4/20/2004, PASSED ON FIRST READING. Supervisors Daly and Hall requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

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

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Budget Committee

Present: Supervisors Sandoval, McGoldrick

5. 040411 [Waiving, for 2004, the May 1 deadline for enterprise department budget submittal] Supervisor Sandoval
Ordinance amending Section 3.3 of the San Francisco Administrative Code to waive, for 2004, the May 1 deadline for the Mayor to submit to the Board of Supervisors the proposed budgets for the enterprise departments of the City and County of San Francisco.

4/20/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Ammiano

6. 021505 [Ordinance adding Section 21.25-3 to the Administrative Code] Supervisors Ammiano, Daly
Ordinance adding Section 21.25-3 to the San Francisco Administrative Code to require that workers engaged in rigging, sound, projection, theatrical lighting, videos, computers, draping, carpentry, special effects, and motion picture services for shows on property owned by the City and County of San Francisco be paid the prevailing rate of wage.

4/13/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

4/13/2004, CONTINUED. Continued to April 20, 2004

4/20/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

4/20/2004, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Daly, Peskin, Ammiano

7. 040100 [Process for Sale of Real Property] Supervisors Peskin, Hall
Ordinance authorizing the Public Utilities Commission to solicit proposals and bids for the sale of certain real properties with development potential that are not needed for utility purposes, subject to the review and approval by the Board of Supervisors, by resolution, of any final sale of such properties.

4/13/2004, CONTINUED. Continued to April 20, 2004 Supervisor Hall requested to be added as a co-sponsor.

4/20/2004, CONTINUED. Continued to April 27, 2004

Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendation of the Budget Committee

Present: Supervisors Sandoval, McGoldrick

8. 040102 [Amending fees County Clerk may charge for Declarations of Domestic Partnership and Amendments to such Declarations; adding fee for souvenir marriage certificates] Supervisor Peskin
Ordinance amending Administrative Code Sections 8.33.1, 62.8 and 62.9 to provide that the County Clerk may impose a $40 filing fee for all Declarations of Domestic Partnership and all Amendments to a Declaration of Domestic Partnership, and to provide for annual adjustment of those fees and of the fees for domestic partnership ceremonies to reflect changes in the Consumer Price Index; and amending Administrative Code Section 8.33.1 to provide that the County Clerk may charge $5 for ceremonial souvenir marriage certificates.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of the City Services Committee

Present: Supervisors Dufty, Ma, Hall

9. 040250 [High Risk Sex Offender Map] Supervisors Hall, Ma
Resolution urging the San Francisco Police Department to provide on their website the general whereabouts of high risk sex offenders, insuring that only high risk offenders and the pictures of those high risk offenders are on the San Francisco Police Department website.

3/9/2004, REFERRED to City Services Committee. Supervisor Daly requested that this matter be referred to Committee.

Question: Shall this Resolution be ADOPTED?

Recommendation of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

10. 040194 [Employee Catastrophic Illness Program] Supervisor Ammiano
Ordinance amending Section 16.9-29A(d) of the San Francisco Administrative Code to authorize employee reimbursement of the Catastrophic Illness Program upon qualification for or receipt of disability benefits and amending Section 16.9-29A(i) of the San Francisco Administrative Code to authorize employee transfer of unused hours to pool if participation in Catastrophic Illness Program expires or is terminated.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Peskin, Maxwell

11. 040101 [Interest on Residential Rental Security Deposits: interest calculated according to 6-Month Certificate of Deposit rate published on Federal Reserve Statistical Release internet site] Supervisor Peskin
Ordinance amending Administrative Code Chapter 49 "Security Deposits for Residential Rental Property," at Section 49.2 "Payment of Interest on Security Deposits," to provide that the required interest on security deposits be calculated according to the 6-Month Certificate of Deposit rate as posted by the Federal Reserve on the Federal Reserve Statistical Release internet site (instead of on the basis of the Federal Reserve's singular Federal Discount Rate, which has been discontinued).

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 040227 [Construct retaining walls in public right-of-way to provide for parking garage driveway and level entry to a new resident at 719 Peru Avenue]
Resolution granting, through May 10, 2005, revocable permission to Alan Tran to occupy a portion of the street area along Peru Avenue for the purpose of constructing and maintaining retaining walls in order to provide for a parking garage driveway and a level entry to a new building at 719 Peru Avenue (Assessor Block 5943, Lot 024); conditioned upon the payment of a $1,000 fee from Alan Tran to the City and County of San Francisco. (Public Works Department)

Question: Shall this Resolution be ADOPTED?

13. 040228 [Construct retaining walls in public right-of-way to provide for a parking garage driveway and level entry to a new resident at 715 Peru Avenue]
Resolution granting, through May 10, 2005, revocable permission to Robert C. M. & Lori O. W. Chiang to occupy a portion of the street to construct retaining walls in public right-of-way in order to provide for a parking garage driveway and a level entry to a new resident at 715 Peru Avenue (Block 5943, Lot 025); conditioned upon the payment of a $1,000 fee from Robert and Lori Chiang to the City and County of San Francisco. (Real Estate Department)

Question: Shall this Resolution be ADOPTED?

14. 040238 [MUNI Biodiesel Pilot Program] Supervisor Gonzalez
Resolution urging MUNI to start a pilot program utilizing biodiesel within the next 8 months, as well as research and adopt the use of biodiesel, a cleaner burning alternative fuel, that will significantly reduce emissions.

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

15. 040274 [Production and Inspection Demand Procedures and Pre-Hearing Conference Procedures before Assessment Appeals Board] Supervisors Daly, Maxwell
Ordinance amending the San Francisco Administrative Code by adding Sections 2B.21 and 2B.22 to Chapter 2B to provide Production and Inspection Demand Procedures and Pre-Hearing Conference Procedures for proceedings before the Assessment Appeals Boards.

Question: Shall this Ordinance be PASSED ON FIRST READING?

COMMITTEE REPORTS

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

From the Rules Committee

The following items will be considered by the Rules Committee at a Regular Meeting on Wednesday, April 21, 2004. The Chair intends to request the Committee to send the following items to the Board as a committee report.

16. 040222 [Appointment to Police Commission - Louise Renne] Mayor
Motion confirming the Mayor's nomination of, and appointing, Louise Renne to the San Francisco Police Commission for a term of office commencing on April 30, 2004 at noon, with the term ending to be determined by lot.

Transmittal Date: 3/2/04.

Question: Shall this Motion be ADOPTED?

From the City Services Committee

The following items will be considered by the City Services Committee at a Regular Meeting on Thursday, April 22, 2004. The Chair intends to request the Committee to send the following items to the Board as a committee report.

17. 040092 [Grading of food preparation and service establishments by Department of Public Health and posting of letter grade and inspection score cards at food preparation and service Supervisors Daly, Ammiano
Ordinance amending the San Francisco Health Code by adding a new section 456 et seq. to establish letter grading system by Department of Public Health for inspection of food preparation and service establishments, requiring posting of letter grade and inspection score cards by food preparation and service establishments, and providing penalties for lack of compliance.

Question: Shall this Ordinance be FINALLY PASSED?

18. 040125 [Liquor License, 2113 Chestnut Street]
Resolution determining that the transfer of a Type 20 off-sale beer and wine alcoholic beverage control license from 3237 Pierce Street to 2113 Chestnut Street (District 2), to Greg O'Flynn for California Wine Merchant, and the issuance of a Type 42 on-sale beer and wine public premises license to the same applicant, will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions.

Question: Shall this Resolution be ADOPTED?

19. 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.

20. 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

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 21 through 33

21. 040473 [Annual Bayview Juneteenth Festival in 2002] Supervisors Maxwell, Dufty
Resolution urging DPT, DPW, Police, and Fire Department to waive fees incurred by Black Diamond Dynasty for the installation of the 1st Annual Bayview Juneteenth Festival in 2002.

4/13/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

4/20/2004, CONTINUED. Continued to April 27, 2004

Question: Shall this Resolution be ADOPTED?

22. 040495 [AB 2702 Secondary Unit] Supervisor Hall
Resolution urging the California State Legislature to not approve Assembly Bill 2702, allowing secondary units without local government input.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

23. 040498 [Accept-Expend Federal Grant] Supervisor Alioto-Pier
Resolution authorizing the Mayor's Office of Criminal Justice to accept and expend a federal grant in the amount of $10,349,000 from the U.S. Department of Homeland Security for the purposes of providing financial assistance directly to selected jurisdictions through the Fiscal Year 2003 Urban Areas Security Initiative (UASI) to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

24. 040499 [Accept-Expend Federal Pass Through Grant] Supervisor Alioto-Pier
Resolution authorizing the Mayor's Office of Criminal Justice to accept and expend a Federal pass through grant in the amount of $18,587,312 from the State of California Office of Homeland Security for the purposes of providing financial assistance directly to selected jurisdictions through the Fiscal Year 2003 Urban Areas Security Initiative (UASI) to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism. Further, authorizing the Director of the Mayor's Office of Criminal Justice or the Deputy Director of the Mayor's Office of Criminal Justice to execute for and on behalf of the named core city, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal financial assistance under Catalog of Federal Domestic Assistance number 16.011.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

25. 040503 [Authorizing the resale of Redevelopment Agency-assisted ownership units] Supervisor Maxwell
Resolution authorizing the resale of single-family homes acquired by the Redevelopment Agency with tax increment funds without further approval of the Board of Supervisors pursuant to the small housing project exception under Health and Safety Code Section 33433(c)(1).

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

26. 040504 [Prohibition on Cruise Ship Pollution in San Francisco Bay] Supervisor Alioto-Pier
Resolution supporting Assembly Bills 2093 and 2672 to prohibit cruise ship pollution in California.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 040518 [Honoring Ellen Haller, M.D.] Supervisor Ammiano
Resolution Honoring Ellen Haller, M.D. at the San Francisco LGBTQ Pride Celebration Mental Health Conference June 25, 2004 for her distinguished work in the field of Mental Health.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 040519 [Single Room Occupancy Hotel Safety and Stabilization Task Force] Supervisor Ammiano
Resolution supporting the Single Room Occupancy Hotel Safety and Stabilization Task Force recommendations.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 040520 [Selection of Independent City Auditors] Supervisor Peskin
Resolution selecting independent auditors for the Controller's Office and the separately audited departments of the City and authorizing a three-year contract with the selected audit firms.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 040521 [Supporting AB 2600]
Resolution expressing support for Assembly Bill 2600, introduced by Assemblyman John Laird, creating a Sierra Nevada Conservancy.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 040522 [SFSU Gerontology Program] Supervisor Dufty
Resolution urging San Francisco State University to continue its Gerontology Program.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 040492 [Needle Exchange Emergency] Supervisors Ammiano, 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.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

33. 040516 [Committee of the Whole - Implementation plan for Care Not Cash/Real Housing Real Care] Supervisor Daly
Motion scheduling a Committee of the Whole on May 11, 2004 at 4:00 PM to hold a hearing on the City's implementation plan for Care Not Cash/Real Housing Real Care.

4/20/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

34. IMPERATIVE AGENDA

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

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

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

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

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED RESOLUTIONS

Proposed resolutions received from April 13, 2004 through April 20, 2004, for reference by President to appropriate committee on April 27, 2004.

040430 [Contracting out Parking Citation Processing/Collection System Services]
Resolution concurring with Controller's certification that citation processing and collection services can be practically performed by a private contractor at a lower cost than by City and County employees. (Parking and Traffic Department)

4/16/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

040431 [Contracting out Parking Meter Management System Services]
Resolution concurring with Controller's certification that parking meter management services, including collection and coin counting can be practically performed by a private contractor at a lower cost than by City and County employees. (Parking and Traffic Department)

4/16/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

040528 [Petitions & Communications]
Petitions and Communications received from April 13, 2004 through April 19, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on April 27, 2004.

From Peter Warfield, regarding American Civil Liberties Union and Electronic Frontier Foundation opposing to Radio Frequency Identification at San Francisco Public Library. (1)

From Recreation and Park Department, submitting a Bond Accountability Report for the California Academy of Sciences.(2)

From concerned citizens, commenting on the Large-scale Retail Use legislation. 2 letters File No. 031463, 031239 Copy: Each Supervisor(3)

From Office of the Assessor-Recorder, submitting letter that was sent to Ms. Marilyn Putnam regarding her claim for transfer tax refunds.(4)

From various organizations, submitting press release regarding Gwen Araujo murder trial.(5)

From Municipal Transportation Agency, responding to Ms. Patricia Vaughey's e-mail concerning bicycle racks in neighborhood commercial districts.(6)

From concerned citizens, concerning the increase of park rangers' harassment of dog walkers at Fort Funston. (7)

From concerned citizens, commenting on Pastor Roger Huang in his recent hunger strike. 3 letters (8)

From concerned citizen, regarding the North American Surface Water Quality Conference & Exposition.(9)

From David Ryder, forwarding e-mails that were sent to the Department of Parking and Traffic regarding enforcement of City Codes.2 letter(10)

From M & M Group Assets, Inc., requesting for a public convenience and necessity resolution from the Board of Supervisors to allow a Type 48 liquor license be granted for their business.(11)

From various organizations, urging the immediate approval of the Transbay Terminal EIR. 3 letters(12)

From concerned citizens, urging the Board of Supervisors to restore $2 million to the Department of Aging and Adult Services.(13)
From Patrick Monette-Shaw, regarding the waiver of 2002 Black Diamond Dynasty Junteeth Celebration fees. Copy: Supervisors Maxwell, Dufty(14)

From Abdalla Megahed, submitting a letter written to the Director of the Department of Public Health regarding his complaint against Rhonda Giarretto.(15)

From Office of the Mayor, advising his appointment of Jim Hurley to the Residential Rent Board.(16)

From Bro Jerry Shaw, commenting on the peoples' lack of knowledge.(17)

From Department of Public Health, reporting to the Board of Supervisors of a Federal grant line item budget revision in excess of 15% requiring funding agency approval.(18)

From Planning Department, regarding the designation of 2550 Mission Street, the New Mission Theater as City Landmark No. 245.File No. 040443(19)

From Planning Department, regarding the conditional approval of an historical property contract for 690 Market Street - The Chronicle Building. File No. 040329(20)

From Work Design Collaborative, expressing their deep appreciation to the entire City of San Francisco for hosting the World Congress on the Future of Work last month in City Hall. (21)

From Department of Public Works, regarding the Minor Sidewalk Encroachment Permit at 32 Rivoli Street.(22)

From Department of Fish and Game, announcing the release of the Fisheries Restoration Grant Program 2004/2005 Project Solicitation Notice (Solicitation).(23)

From United States Bankruptcy Court, regarding the bankruptcy of Pacific Gas and Electric Company.(24)

From Clerk of the Board of Supervisors, reporting that the Board of Supervisors exceeded its expenditure rate in 001 Salaries by 2.66%.(25)

From Melchor Bustamante, regarding her struggles with the job applying process in the City.(26)

From Janette Barroca, regarding the Tides Foundation in the Presidio.(27)

From Sam Merenda, commenting on the District Attorney's decision in the death case of the San Francisco Police Officer.(28)

From Jack R. Colberg, commenting on the good work Supervisor Daly has been doing.(29)

From Office of the Controller, submitting the Statement of Cash and Investments of the Office of the Treasurer and Tax Collector for the quarter ended December 31, 2003.(30)

From Joseph L. Cappelletti, commenting on the jury selection system.(31)

From concerned citizens, commenting on same sex marriage. 2 letters (32)

From Latino Peace Officers Association and Patrick Tobin, requesting the Board of Supervisors to support the nomination of Morgan R. Gorrono for the Police Commission.2 letters Each Supervisor(33)

From San Francisco Odd Fellows Hall Association, Inc., requesting the Mayor's assistance in cleaning up the neighborhood at Seventh and Market Streets.(34)

From Noriaki Hirasuna, submitting a report concerning the audit of the franchise fees of PG&E for the period from January 1, 2001 through December 31, 2002.(35)

From Office of the Controller, regarding the waiver of indirect costs for two grants requested by the Department of Public Health. (36)

From Ethics Commission, regarding technical clean-up amendment to regulation 3.216-1 - gifts from subordinates. Copy: Each Supervisor(37)

From Ethics Commission, regarding regulations implementing Campaign and Governmental code Section 3.214: Disclosure of Personal, Professional and Business Relationships. Copy: Each Supervisor(38)

From Neil Seippel, submitting articles regarding noise and drinking water.(39)

From Metropolitan Transportation Commission, submitting 2003 Annual Report for the Metropolitan Transportation Commission and its offshoots, the Bay Area Toll Authority and the Service Authority for Freeways and Expressways.(40)

From Office of the Controller, submitting High Level Financial Report for March 2004.(41)

From Administrative Services Department, submitting additional information to clarify the current options available to the Public Utilities Commission in regard to accommodating their current office space need of approximately 30,000 square feet.File No. 040037(42)

From Commission of Animal Control and Welfare, regarding the transfer of three surviving elephants housed at the San Francisco Zoo. Copy: Each Supervisor (43)

From Department of Public Works, submitting Quarterly Report of the Department of Public Works Defective Sidewalk Repair Revolving Account.(44)

From concerned citizens, commenting on the changes in the administration of the Randall Museum. 2 letters (45)

From San Francisco Housing Authority, reporting the benefits the agency could provide to residents in the southeast communities. Copy: Supervisor Dufty (Reference No. 20040210-004)(46)

From concerned citizen, commenting on the animal testing at UCSF.(47)

MAYOR'S APPOINTMENTS

Small Business Commission
Richard Ventura
Dr. Raye Richardson
Norman Ishimoto
Florence Alberts

Status of Women Commission
Andrea Evans

Human Rights Commission
Faye Woo Lee (48)

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.

	Recommendation of the City Services Committee






		Present: Supervisors Dufty, Ma

1.	040351	[Accept - Expend Grant]	Supervisor Dufty
		Resolution authorizing the Office of the Public Defender to accept and expend a grant in the amount of $120,000 from the Zellerbach Family Foundation for a social worker position dedicated to working with the children of incarcerated parents (CIP). (Public Defender)



		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Finance and Audits Committee




		Present: Supervisors Daly, Peskin

2.	040318	[Amending Domestic Partnership requirements]	Supervisors Ammiano, Dufty, Daly
		Ordinance amending Chapter 62 of the Administrative Code by amending the statement of purpose in Section 62.1; amending Sections 62.2(d), 62.3(b) and 62.5(b) to remove a waiting period for certain domestic partnerships; amending Sections 62.3(a)(2) and 62.10(a) relating to Retirement System requirements; repealing Section 62.3(c) to eliminate a residency requirement; amending Section 62.6(a) to expand the rights and duties of domestic partners; adding Section 62.11 to clarify the Board of Supervisors' authority to amend domestic partnership legislation; adding Section 62.12 to add a severability provision; and adding Section 62.13 to ratify and approve domestic partnerships between certain non-residents.

		(Fiscal impact.)
		4/20/2004, PASSED ON FIRST READING. Supervisor Daly requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	040389	[Unrepresented Employees]
		Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2004. (Mayor)


		4/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Land Use Committee






		Present: Supervisors Peskin, Maxwell

4.	031930	[Planning Code Amendments - The Old Mint]	Supervisors Peskin, Daly, Hall
		Ordinance amending the San Francisco Planning Code by amending Section 128 to allow a City-owned landmark in a P (Public) zoning district that is adjacent to properties zoned C-3 (Downtown Commercial) to sell Transferable Development Rights and by amending Section 149 to authorize the landmark to receive artwork contributions in order to finance rehabilitation and restoration of the exterior of the property; adopting findings.


		4/20/2004, PASSED ON FIRST READING. Supervisors Daly and Hall requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?








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

	Recommendation of the Budget Committee






		Present: Supervisors Sandoval, McGoldrick

5.	040411	[Waiving, for 2004, the May 1 deadline for enterprise department budget submittal]	Supervisor Sandoval
		Ordinance amending Section 3.3 of the San Francisco Administrative Code to waive, for 2004, the May 1 deadline for the Mayor to submit to the Board of Supervisors the proposed budgets for the enterprise departments of the City and County of San Francisco.


		4/20/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Finance and Audits Committee






		Present: Supervisors Peskin, Ammiano

6.	021505	[Ordinance adding Section 21.25-3 to the Administrative Code]	Supervisors Ammiano, Daly
		Ordinance adding Section 21.25-3 to the San Francisco Administrative Code to require that workers engaged in rigging, sound, projection, theatrical lighting, videos, computers, draping, carpentry, special effects, and motion picture services for shows on property owned by the City and County of San Francisco be paid the prevailing rate of wage.


		4/13/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		4/13/2004, CONTINUED. Continued to April 20, 2004

		4/20/2004, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		4/20/2004, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

7.	040100	[Process for Sale of Real Property]	Supervisors Peskin, Hall
		Ordinance authorizing the Public Utilities Commission to solicit proposals and bids for the sale of certain real properties with development potential that are not needed for utility purposes, subject to the review and approval by the Board of Supervisors, by resolution, of any final sale of such properties.


		4/13/2004, CONTINUED. Continued to April 20, 2004 Supervisor Hall requested to be added as a co-sponsor.

		4/20/2004, CONTINUED. Continued to April 27, 2004


		Question: Shall this Ordinance be PASSED ON FIRST READING?

8.	040102	[Amending fees County Clerk may charge for Declarations of Domestic Partnership and Amendments to such Declarations; adding fee for souvenir marriage certificates]	Supervisor Peskin
		Ordinance amending Administrative Code Sections 8.33.1, 62.8 and 62.9 to provide that the County Clerk may impose a $40 filing fee for all Declarations of Domestic Partnership and all Amendments to a Declaration of Domestic Partnership, and to provide for annual adjustment of those fees and of the fees for domestic partnership ceremonies to reflect changes in the Consumer Price Index; and amending Administrative Code Section 8.33.1 to provide that the County Clerk may charge $5 for ceremonial souvenir marriage certificates.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendation of the City Services Committee




		Present: Supervisors Dufty, Ma, Hall

9.	040250	[High Risk Sex Offender Map]	Supervisors Hall, Ma
		Resolution urging the San Francisco Police Department to provide on their website the general whereabouts of high risk sex offenders, insuring that only high risk offenders and the pictures of those high risk offenders are on the San Francisco Police Department website.


		3/9/2004, REFERRED to City Services Committee. Supervisor Daly requested that this matter be referred to Committee.


		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Finance and Audits Committee




		Present: Supervisors Daly, Peskin, Ammiano

10.	040194	[Employee Catastrophic Illness Program]	Supervisor Ammiano
		Ordinance amending Section 16.9-29A(d) of the San Francisco Administrative Code to authorize employee reimbursement of the Catastrophic Illness Program upon qualification for or receipt of disability benefits and amending Section 16.9-29A(i) of the San Francisco Administrative Code to authorize employee transfer of unused hours to pool if participation in Catastrophic Illness Program expires or is terminated.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Recommendations of the Land Use Committee




		Present: Supervisors McGoldrick, Peskin, Maxwell

11.	040101	[Interest on Residential Rental Security Deposits: interest calculated according to 6-Month Certificate of Deposit rate published on Federal Reserve Statistical Release internet site]	Supervisor Peskin
		Ordinance amending Administrative Code Chapter 49 "Security Deposits for Residential Rental Property," at Section 49.2 "Payment of Interest on Security Deposits," to provide that the required interest on security deposits be calculated according to the 6-Month Certificate of Deposit rate as posted by the Federal Reserve on the Federal Reserve Statistical Release internet site (instead of on the basis of the Federal Reserve's singular Federal Discount Rate, which has been discontinued).



		Question: Shall this Ordinance be PASSED ON FIRST READING?

12.	040227	[Construct retaining walls in public right-of-way to provide for parking garage driveway and level entry to a new resident at 719 Peru Avenue]
		Resolution granting, through May 10, 2005, revocable permission to Alan Tran to occupy a portion of the street area along Peru Avenue for the purpose of constructing and maintaining retaining walls in order to provide for a parking garage driveway and a level entry to a new building at 719 Peru Avenue (Assessor Block 5943, Lot 024); conditioned upon the payment of a $1,000 fee from Alan Tran to the City and County of San Francisco. (Public Works Department)



		Question: Shall this Resolution be ADOPTED?

13.	040228	[Construct retaining walls in public right-of-way to provide for a parking garage driveway and level entry to a new resident at 715 Peru Avenue]
		Resolution granting, through May 10, 2005, revocable permission to Robert C. M. & Lori O. W. Chiang to occupy a portion of the street to construct retaining walls in public right-of-way in order to provide for a parking garage driveway and a level entry to a new resident at 715 Peru Avenue (Block 5943, Lot 025); conditioned upon the payment of a $1,000 fee from Robert and Lori Chiang to the City and County of San Francisco. (Real Estate Department)



		Question: Shall this Resolution be ADOPTED?

14.	040238	[MUNI Biodiesel Pilot Program]	Supervisor Gonzalez
		Resolution urging MUNI to start a pilot program utilizing biodiesel within the next 8 months, as well as research and adopt the use of biodiesel, a cleaner burning alternative fuel, that will significantly reduce emissions.



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Rules Committee




		Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

15.	040274	[Production and Inspection Demand Procedures and Pre-Hearing Conference Procedures before Assessment Appeals Board]	Supervisors Daly, Maxwell
		Ordinance amending the San Francisco Administrative Code by adding Sections 2B.21 and 2B.22 to Chapter 2B to provide Production and Inspection Demand Procedures and Pre-Hearing Conference Procedures for proceedings before the Assessment Appeals Boards.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	COMMITTEE REPORTS


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

	From the Rules Committee




		The following items will be considered by the Rules Committee at a Regular Meeting on Wednesday, April 21, 2004. The Chair intends to request the Committee to send the following items to the Board as a committee report.

16.	040222	[Appointment to Police Commission - Louise Renne]	Mayor
		Motion confirming the Mayor's nomination of, and appointing, Louise Renne to the San Francisco Police Commission for a term of office commencing on April 30, 2004 at noon, with the term ending to be determined by lot.

		Transmittal Date: 3/2/04.

		Question: Shall this Motion be ADOPTED?