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

seal of the city and county of sf

AGENDA
Tuesday, April 29, 2003
2:00 PM

Regular Meeting



MATT GONZALEZ, PRESIDENT
TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL,
FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK,
GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL

Gloria L. Young, Clerk of the Board


ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES
       
 
 
Motion to approve the April 1, 2003 Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

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

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 15

Recommendations of the City Services Committee
Present: Supervisors Dufty, Newsom

1. 030504 [Accept-Expend Federal Grant - Project Sentry] Supervisors Dufty, Ma, Newsom
Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $400,000 through the United States Department of Justice, Bureau of Justice Assistance, for a project entitled "Project Sentry", and waiving indirect costs due to funding constraints. (District Attorney)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

2. 030507 [AIDS Prevention Studies in Africa] Supervisors Dufty, Ma, Newsom
Resolution authorizing the San Francisco Department of Public Health, AIDS Office, (SFDPH, AIDS) to enter retroactively into an agreement with the Regents of the University of California San Francisco (UCSF), the primary contractor, to accept and expend funds in the amount of $11,652 to participate in AIDS prevention studies in Africa, for the period of January 1, 2003 to December 31, 2003. (Public Health Department)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

3. 030512 [Accept-Expend Federal Grant - Department of Children, Youth and Their Families] Supervisors Dufty, Ma, Newsom
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $300,000 from the Substance Abuse and Mental Health Services Administration (SAMHSA) that targets Vietnamese and Central American newcomer girls between the ages of 0 to 18 in the Tenderloin and Mission neighborhoods. (Mayor)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

4. 030513 [Accept-Expend Federal Grant - Department of Children, Youth and Their Families] Supervisors Dufty, Ma, Newsom
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of three hundred and fifty thousand dollars ($350,000) from the United States Department of Justice, Office of Justice Programs, Violence Against Women Office for Safe Havens: Supervised Visitation and Safe Exchange Program. (Mayor)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

5. 030515 [Accept-Expend State Grant] Supervisors Dufty, Newsom
Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $20,840 from the California State Library for continuing family literacy programming as part of Project Read. (Public Library)
(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

6. 030534 [Used Oil Recycling Block Grant, 9th Cycle, Fiscal Year 2003/2004] Supervisors Dufty, Newsom
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $244,619.00 from the California Integrated Waste Management Board for the purpose of increasing Used Motor Oil Recycling and Household Hazardous Waste Management. (Environment)
(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee
Present: Supervisors Hall, Dufty, Gonzalez

7. 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.)

4/22/2003, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

8. 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.)

4/22/2003, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

9. 030291 [Appointment]
Resolution appointing Donna Crowder, term ending September 1, 2003, to the Assessment Appeals Board 2.
Donna Crowder, succeeding Adrienne Lacau, resigned, seat 6, must meet the eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code. ALTERNATE /HEARING OFFICER for the unexpired portion of a three year term ending September 1, 2003.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Hall, Dufty

10. 022055 [Appointment]
Resolution appointing Matthew Juhl-Darlington, term ending September 6, 2005 to the Skateboarding Task Force.
Matthew Juhl-Darlington, new position, seat 6, must be a voting representative with expertise in real estate or legal fields for the unexpired portion of a three-year term ending September 6, 2005.

Question: Shall this Resolution be ADOPTED?

11. 030474 [Appointment]
Resolution appointing Pawan Mehra and Marjorie Ann Williams, term ending April 27, 2004 to the Sunshine Ordinance Task Force 2000.
Pawan Mehra, succeeding Marie Harrison, term expired, seat 4, must be appointed from names submitted by New California Media and be a journalist from a racial/ethnic minority-owned news organization, for a two year term ending April 27, 2004.
Marjorie Ann Williams, succeeding Marjorie Ann Williams, term expired, seat 11, must be a member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, for a two year term ending April 27, 2004.

Question: Shall this Resolution be ADOPTED?

12. 030557 [Appointment]
Resolution appointing Andrew Thornley, Dianna Waggoner, Michael Rauner, Jerry Ervin, Cynthia Powell, Rufus Davis, and Casey Allen, term expiration date to be determined, to the Bicycle Advisory Committee.
Andrew Thornley, new position, seat 1, must be a nominee of District 1 Supervisor, The member shall serve a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration. Term expiration date to be determined.
Dianna Waggoner, new position, seat 3, must be a nominee of District 3 Supervisor. The member shall serve a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration. Term expiration date to be determined.
Michael Rauner, new position, seat 5, must be a nominee of District 5 Supervisor. The member shall serve a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration. Term expiration date to be determined.
Jerry Ervin, new position, seat 8, must be a nominee of District 8 Supervisor. The member shall serve a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration. Term expiration date to be determined.
Cynthia Powell, new position, seat 9, must be a nominee of District 9 Supervisor. The member shall serve a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration. Term expiration date to be determined.
Rufus Davis, new position, seat 10, must be a nominee of District 10 Supervisor. The member shall serve a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration. Term expiration date to be determined.
Casey Allen; new position, seat 11, must be a nominee of District 11 Supervisor. The member shall serve a two-year term or for the tenure of the Supervisor who nominated the member, whichever is shorter in duration. Term expiration date to be determined.

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Hall, Dufty, Gonzalez

13. 030558 [Appointment]
Resolution appointing Dr. Raymond Weisberg, Dr. Cheryl Polk and Dr. Lucy Crain term ending April 29, 2007 to the Children and Families Trust Fund and Commission.
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Hall, Dufty

14. 030559 [Appointment]
Resolution appointing Brian Browne and David Sutter, for a term to be determined, to the Public Utilities Revenue Bond Oversight Committee.
Brian Browne, new position, seat 1, shall have expertise, skills and experience in economics, the environment, construction or project management, for a term to be determined.
David Sutter, new position, seat 2, shall have expertise, skills and experience in economics, the environment, construction or project management, for a term to be determined.

Question: Shall this Resolution be ADOPTED?

15. 030561 [Appointment]
Resolution appointing Karin Jensen (residency requirement waived), term ending August 20, 2005 and Christine Luong, term ending August 20, 2003 to the Lead Poisoning Prevention Citizens Advisory Committee.
Karin Jensen (residency requirement waived), succeeding James Threat, term expired, seat 8, must represent the Recreation and Park Department, for the unexpired portion of a four-year term ending August 20, 2005.
Christine Luong, succeeding Jerry Rogers, resigned, seat 21, must have expertise in non-profit clinics, for the unexpired portion of a four-year term ending August 20, 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

Recommendation of the Budget Committee
Present: Supervisors Daly, Peskin, Maxwell, Ma

16. 030482 [Administrative Penalties for Littering and Specified Nuisance Violations] Supervisors McGoldrick, Peskin, Maxwell, Dufty, Daly, Newsom
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.
4/22/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
4/22/2003, PASSED ON FIRST READING AS AMENDED. Supervisors Daly and Newsom requested to be added as co-sponsors.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the City and School District Select Committee
Present: Supervisors Maxwell, Ammiano, Ma
Present: Commissioners Cruz, Kelly, Sanchez

17. 030354 [Public Education Special Fund]
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.
4/22/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Amendment of the whole bearing same title.
4/22/2003, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Land Use Committee
Present: Supervisors McGoldrick, Maxwell, Ammiano

18. 021642 [Zoning Map amendment extending the existing RM-1 district in Assessor's Block 6501 to include Lot 042] Supervisor Dufty
Ordinance amending Zoning Map Sheet 7 of the City and County of San Francisco to extend the existing RM-1 district in Assessor's Block 6501 to include Lot 042; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan and finding that the Ordinance is exempt/excluded from environmental review.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors McGoldrick, Ammiano

19. 030221 [Residential Rentals] Supervisor Peskin
Ordinance amending Administrative Code Chapter 49 "Security Deposits for Residential Rental Property," by amending Section 49.2 to provide that the annual landlord interest payments on security deposits shall be calculated at the interest rate in effect when an annual interest payment is due, and that any required pro rata interest payment shall be calculated at the interest rate in effect when that pro rata payment is due.
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 030325 [Residential Rent Ordinance: conform to State Ellis Act amendments] Supervisor Peskin
Ordinance (1) conforming the Residential Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37) to State law amendments to the Ellis Act (California Government Code Sections 7060 et seq.), by amending Section 37.9A to provide that, for new tenancies established after December 31, 2002, the same rent control restrictions that were in effect for the unit at the time a notice of intent to withdraw the unit from the rental or leased housing market was filed with the Rent Board remain in effect for any and all new or subsequent tenancies established during the five year period after filing the notice of intent, and for the five year period following actual withdrawal of the unit from the rental or leased housing market; (2) amending Section 37.9A to provide that half of the required relocation payment due to low-income, elderly or disabled tenants is due within fifteen (15) days of the landlord's receipt of the tenant's notice of entitlement, and the remaining half is due when the tenant vacates the unit; (3) amending Section 37.9A to require that an owner notify the Rent Board if the owner disputes a tenant's claim of entitlement to one-year notice due to being elderly or disabled; and, (4) conforming numbering.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors McGoldrick, Maxwell, Ammiano

21. 030495 [Prohibiting Motor Vehicle on Brant Alley] Supervisor Peskin
Resolution prohibiting motor vehicle traffic on Brant Alley.
(4/21/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street.)

4/1/2003, REFERRED to Land Use Committee. Supervisor Hall requested that this matter be referred to Committee.
Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee
Present: Supervisors Hall, Dufty

(Pursuant to the provisions of Rule 2.28.7 of the Board's Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from committee and any Board order of submission to the electorate. In accordance therewith consideration of the proposed Charter amendment appropriately may be continued at least one week.)

22. 020938 [Charter Amendment - Retirement Benefits for Miscellaneous Safety Employees] Supervisors Ammiano, Gonzalez, Dufty, Hall
Charter amendment (Fifth Draft) to amend Appendix A8.506-2 thereto, relating to retirement benefits for miscellaneous safety employees.
(Fiscal impact.)

7/15/2002, CONTINUED. Continued to July 22, 2002.
7/22/2002, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
7/22/2002, RE-REFERRED to Rules and Audits Committee.
3/18/2003, SUBSTITUTED. Supervisor Ammiano submitted a substitute Charter Amendment (Fifth Draft) bearing same title.
Question: Shall this Charter Amendment be SUBMITTED?


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 23, 2003. The Chair intends to request the Committee to send the following items to the Board as a committee report.

23. 030599 [Appointment, Entertainment Commission]
Motion approving the Mayor's nomination for appointment of Jordan Shlain to the Entertainment Commission, term to be determined. (Mayor)
Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved.
Transmittal date - 4/1/03.

Question: Shall this Motion be ADOPTED?

24. 030601 [Appointment, Entertainment Commission]
Motion approving the Mayor's nomination for appointment of Bowman Leong to the Entertainment Commission, term to be determined. (Mayor)
Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved.
Transmittal date - 4/1/03.

Question: Shall this Motion be ADOPTED?

25. 030603 [Appointment, Entertainment Commission]
Motion approving the Mayor's nomination for appointment of Bruce G. Lorin to the Entertainment Commission, term to be determined. (Mayor)
Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved.
Transmittal date - 4/1/03.

Question: Shall this Motion be ADOPTED?

26. 030550 [Appointment, Entertainment Commission]
Motion approving the Mayor's nomination for appointment of Audrey Joseph to the Entertainment Commission, term to be determined. (Mayor)
Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved.
Transmittal date - 4/1/03.

Question: Shall this Motion be ADOPTED?

27. 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.

28. 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


CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

City as Plaintiff

29. 030674 [Closed Session - Existing Litigation, City as Plaintiff] Supervisor Gonzalez
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from the City Attorney regarding the following existing litigation in which the City alleges, in sum, that manufacturers, distributors and dealers of handguns have created a public nuisance and engaged in unfair and unlawful business practices by distributing guns in ways that enable criminals and juveniles to acquire them.

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuit listed below.

People of the State of California v. Arcadia Machine & Tool, Inc., et al.
J. C. C. P. No. 4095 (originally S. F. Superior Court No. 303-753 (filed May 25, 1999), pending before the Hon. Vincent P. DiFiglia in San Diego Superior Court.
Question: Shall this Motion be ADOPTED?

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

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

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

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


Items 30 through 39

30. 030694 [Commend Saint Anthony Foundation] Supervisors Daly, Dufty
Resolution commending the Saint Anthony Dining Room for serving their 30 millionth meal on April 30, 2003.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 030695 [Commend Laura Ware] Supervisor Daly
Resolution commending Laura Ware for fourteen years of leadership, commitment, and dedicated service to improving the lives of homeless people in San Francisco.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 030696 [Re-creation of Community Land Trust Task Force] Supervisor Gonzalez
Resolution re-creating the Community Land Trust Task Force and re-appointing Peter Doty, Marianne Love, Lotus Yee Fong, Ada Chan, Lisa Feldstein, Rene Cazenave, Marc Solomon, James Tracy, Rick Lewis, Ash Kumar Gujral, Philip Williams, and Mark Wilson, for the purpose of adopting a draft report, reporting back to the Board and sunset its operations within two months of the adoption of this resolution.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 030697 [Full Citizenship for members of the Armed Forces] Supervisors Hall, Dufty
Resolution urging the President of the United States of America to take actions necessary to guarantee the awarding of full American citizenship to every man and woman serving in the United States Armed Forces in the War in Iraq or upon their favorable discharge from the Armed Forces.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 030698 [San Francisco Medical Society] Supervisors Hall, Dufty
Resolution commending the San Francisco Medical Society for its 135 years as a professional association representing physicians in the City and County of San Francisco.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 030699 [Asian Pacific American Heritage Month] Supervisors Newsom, Dufty, Ma
Resolution declaring May 2003 as "Asian Pacific American Heritage Month" in the City and County of San Francisco.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 030700 [Commend Department of the Environment] Supervisor Sandoval
Resolution commending the Department of the Environment for their continuing support of A Living Library Project.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 030701 [Commend Education Not Incarceration] Supervisor Sandoval
Resolution commending the Education Not Incarceration coalition for holding a statewide rally in Sacramento on May 8, 2003 to protest Governor Gray Davis' decision to cut education spending while increasing prison spending.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 030702 [Assembly Bill 1006] Supervisor Sandoval
Resolution urging the California State Legislature to pass AB 1006: Healthy Schools Bill of 2003 to prohibit the use of the most highly toxic pesticides on school property.
4/22/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 030673 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
4/22/2003, 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 15, 2003 through April 22, 2003, for reference by President to appropriate committee on April 29, 2003.

030034 [Campaign Finance Reform Amendments of 2003] Supervisor Gonzalez
Ordinance amending Article I, Chapter 1 of the Campaign and Governmental Conduct Code by amending sections 1.104, 1.114, and 1.148 to clarify and consolidate definitions; amending section 1.106 to clarify that State law is incorporated; amending section 1.108 to clarify that it applies only to candidates; amending section 1.110 to provide the Ethics Commission discretion to provide additional office hours prior to an election and to conform to minimum state law record retention periods; amending section 1.114 to apply contribution limits to affiliated entity contributions, to authorize the Ethics Commission to determine when contributions must be returned and to reduce or waive forfeiture penalties, and to clarifiy that limits apply to special elections; amending section 1.116 to extend loan limitations to candidates for all City elective offices and to authorize the Commission to adjust these amounts; amending section 1.122 to clarify that campaign funds may be used for officeholder expenses, to provide that certain surplus funds may be donated to charity, and that contributions transferred between a candidate's committees must be attributed to specific contributors; deleting section 1.124 on money laundering because the ordinance already incorporates state law provisions; amending section 1.126 to extend the time period city contractors are prohibited from making contributions to public officials who approve their contracts; amending section 1.128 to provide a penalty for violating an agreement to limit campaign spending; amending section 1.130 to clarify that expenditure ceilings apply in special elections and to reflect that spending limits have been adjusted for inflation; amending sections 1.134 and 1.152, deleting section 1.146 and adding a new section 1.135 to consolidate and harmonize provisions on lifting the spending limits; amending section 1.140 to correct cross-references, to require that candidates file a statement of intent to participate in public financing, to lower to $5,000 the threshold for qualifying for public financing, and to provide additional time for qualifying for public financing, amending section 1.142 to require filing of statement of intent to participate in public financing program; amending section 1.150 to provide that repayment of public funds shall be made to the Ethics Commission, rather than the Controller, for deposit in the Election Campaign Fund; amending section 1.152 to conform language to other amended sections; amending sections 1.144 and 1.154 to extend the time for the Ethics Commission to determine whether pro-ration is required; amending section 1.162 to clarify that the notice provision applies only to mass mailings; amending section 1.163 to require recordkeeping for recorded telephone messages; amending section 1.164 to clarify references; amending section 1.168 to eliminate language suggesting that persons can obtain immunity if they do not receive a response to a request for advice within a specified period of time; amending section 1.170 to increase the penalties for violations of the Ordinance to $5,000, to incorporate penalties described in section 1.172, and to clarify personal and joint and several liability; deleting section 1.172; and amending section 1.174 to clarify that the department of elections may decline to certify a nomination if a candidate fails to file a statement regarding acceptance or rejection of spending limits.
(No Public Benefit Recipient.)

1/27/2003, ASSIGNED UNDER 30 DAY RULE to Rules and Audits Committee, expires on 2/26/2003.
2/7/2003, TRANSFERRED to Rules Committee. New committee structure 2/17/03.
4/17/2003, SUBSTITUTED. Ethics Commission submitted a substitute ordinance bearing same title.
4/17/2003, ASSIGNED to Rules Committee.

030643 [Street Vacation for Metro East Project]
Ordinance ordering the summary vacation of portions of 26th Street, Michigan Street, Georgia Street and Louisiana Street; making findings pursuant to the California Streets and Highways Code, Chapter 4, Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and ratifying acts and authorizing actions in furtherance of the ordinance. (Real Estate Department)
(No Public Benefit Recipient.)

4/16/2003, RECEIVED AND ASSIGNED to Land Use Committee.

030652 [Amendments to the Municipal Elections Code]
Ordinance amending the Municipal Elections Code to amend Sections 110, 200, 250, 260, 300, 360, 370, 500, 510, 530, 535, 550, 590, 595, and 800, add Sections 225 and 270, and delete Sections 830 and 930 to: Conform the Municipal Elections Code to recent changes in the Charter; change the deadlines for submission of materials for publication in the Voter Information Pamphlet; specify the public examination periods for each category of material submitted for publication in the Voter Information Pamphlet; modify the deadlines for delivery of the Voter Information Pamphlet prior to each general and special election; specify language for inclusion in the Voter Information Pamphlet concerning ballot measures which concern the same subject matter and which may have conflicting provisions; explicitly incorporate the State law that applies to local ballot designations; explicitly state the rules concerning ballot printing after the death of a candidate; impose a 100-word limit on bond measure statements; add definitions; correct outdated code references; codify departmental practice; and clarify ambiguous language. (Elections Department)
4/15/2003, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/29/2003.

PROPOSED RESOLUTIONS
Proposed resolutions received from April 15, 2003 through April 22, 2003, for reference by President to appropriate committee on April 29, 2003.

030345 [Acceptance of Gift]
Resolution accepting a gift of $55,000 from the Market Street Railway and authorizing said funds to be expended for the purchase of Historic Streetcar #162 from the Orange Empire Railway Museum. (Municipal Transportation Agency)
(No Public Benefit Recipient.)

4/21/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030371 [Agreement to Sell approximately 22,000 sq. ft. of unimproved real property located at Beale and Bryant Streets and to Lease Piers 30-32 to San Francisco Cruise Terminal, LLC]
Resolution approving and authorizing an Agreement with San Francisco Cruise Terminal, LLC for the Sale of approximately 22,000 square feet of real property located at the corner of Beale and Bryant Streets on Seawall Lot 330; approving and authorizing a 66-year Lease with San Francisco Cruise Terminal, LLC for Piers 30-32; adopting findings that the conveyance is consistent with the City's General Plan and eight Priority Policies of City Planning Code Section 101.1; authorizing expenditure of proceeds received under the Sale Agreement towards costs of the Brannan Street Wharf and Piers 30-32 Cruise Terminal Project; and authorizing the Port's Executive Director and the City's Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Port)
(Public Benefit Recipient; companion measure to File 030379.)

4/17/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030379 [CEQA Findings for Cruise Terminal Mixed-Use Project]
Resolution adopting findings pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, including a statement of overriding considerations, in connection with the proposed mixed-use Cruise Terminal Project, located on Pier 30-32, a condominium tower on a portion of Seawall Lot 330, and a public open space project in the location of Pier 34 and 36, in the Port of San Francisco, City and County of San Francisco. (Port)
4/17/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030538 [Professional Services Contract]
Resolution approving the Public Utilities Commission's approval of Amendment No. 2 to Contract No. CS-524, Program Management Contract, changing the designated consultant's title, name references, and setting the criteria for the payment of performance fees; and approving the renewal of Contract No. CS-524, the Water Infrastructure Partners (WIP) for a third year; and approving the release of contract Year 3 reserved funds of $5.188M. (Public Utilities Commission)
(No Public Benefit Recipient.)

4/15/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030653 [Mayor's Summer Food Service Program]
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $485,794 from the United States Department of Agriculture for Mayor's Summer Food Service Program. (Mayor)
(No Public Benefit Recipient.)

4/18/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee. Department requests this item be calendared at the April 30, 2003 meeting.

030708 [Petitions and Communications]
Petitions and Communications received from April 15, 2003 through April 22, 2003, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on April 29, 2003.

From Police Department, regarding the development and implementation of the new crime mapping system. (Reference No. 20030318-002) Copy: Supervisors Newsom, Dufty(1)

From Department of Parking and Traffic, submitting quarterly tow refunds for the third quarter of fiscal year 2002-03.(2)

From Department of Parking and Traffic, submitting concern with pending legislation requiring City Departments seek approval by the Board of Supervisors prior to submission of grant applications for outside funding sources. File 02-2033, Copy: Each Supervisor(3)

From Emergency Communications Department, regarding participation in the Justice Information System (JUSTIS) project. (Reference No. 20030318-007) Copy: Supervisor Newsom(4)

From Police Department, submitting an itemized list of the additional costs incurred as a result of the anti-war protests. (Reference No. 20030325-041) Copy: Supervisor Hall(5)

From San Francisco Superior Court, concerning the risk management polices of San Francisco Superior Court. (Reference No. 20030325 and 20030325-079) Copy: Supervisor McGoldrick(6)

From Municipal Railway, submitting an itemized list of the additional costs Muni incurred as a result of the anti-war protest. (Reference No. 20030325-039) Copy: Supervisor Hall(7)

From Comcast Cable Communications, Inc., submitting information regarding Comcast's rebuild schedule and launch dates in the City and County of San Francisco.(8)

From Airfield Development Bureau, regarding the Wildlands, Inc. option agreement, including appraisals conducted.(9)

From Office of the Controller Audits Division, submitting report concerning the concession audit of Northwest Airlines, Inc.(10)

From Office of the Treasurer and Tax Collector, submitting an itemized list of the additional costs incurred as a result of the anti-war protest that took place the week of March 24, 2003. (Reference No. 20030325-063) Copy: Supervisor Hall(11)

From Clerk of the Board, responding to request for additional information regarding risk management practices by the Office of the Clerk of the Board. (Reference No. 20030325-204) Copy: Supervisor McGoldrick(12)

From Department of Human Services, submitting request for release of reserved funds for single adult shelters in the amount of $59,000. Copy: Finance and Audits Committee(13)

From Clerk of the Board, submitting quarterly budget report for the third quarter of fiscal year 2002-03, as required by Section 25 of the Annual Appropriation Ordinance.(14)

From State Department of Transportation, concerning the feasibility of installing a fence along the St. Charles overpass leading to the Daly City BART Station for the safety of pedestrians and to prevent items from being thrown onto Highway 280 from the overpass. (Reference No. 20030218-007) Copy: Supervisor Sandoval(15)

From SF Convention Facilities, submitting costs incurred as a result of the anti-war protest that took place the week of March 24, 2003. (Reference No. 20030325-070) Copy: Supervisor Hall(16)

From Port of San Francisco, submitting quarterly budget report for the third quarter of fiscal year 2002-03, as required by Section 25 of the Annual Appropriation Ordinance. Copy: Each Supervisor(17)

From Animal Care and Development Department, concerning the risk management polices of the Animal Care and Development Department. (Reference Nos. 20030325-133 and 20030325-198) Copy: Supervisor McGoldrick(18)

From Planning Commission, submitting notice of public hearing regarding the "Housing Element of the General Plan" on May 1, 2003 at 1:30 p.m. in City Hall, Room 400.(19)

From James Corrigan, regarding whether training classes will be delayed if Aides to the Fire Chief's are returned to the Fire Department firehouses. Copy: Each Supervisor(20)

From the Health Commission, submitting resolution rejecting the Department of Public Health's contingency budget for fiscal year 2003-04; and urging the business community, organized labor and residents, to work with the Mayor and the Board of Supervisors to avoid devastating cuts to the County's health safety net services. Copy: Each Supervisor(21)

From SF Environment, urging the Board to consider alternatives to proposed legislation requiring City Departments to seek approval on all submissions of grant applications for outside funding sources. Copy: Each Supervisor(22)

From Department of Parking and Traffic, regarding changing Guttenberg Street presently a two-way street to a one-way street in the northbound direction. (Reference No. 20021028-005)Copy: Supervisor Sandoval(23)

From Patrick Monette-Shaw, submitting letter entitled "Where's the 10% to 20% you promised to chop from the City's management salaries fat?" dated April 16, 2003. Copy: Each Supervisor(24)

From Kam Leung Li, submitting request for a transfer of an on-sale general liquor license from #1 Embarcadero Center to 682-684 Commercial Street for Chun Mei & Kam Leung Li.(25)

From Civil Service Commission, submitting analysis of the City's risk management efforts and a review of best practices. (Reference Nos. 20030325-093 and 20030325-158) Copy: Supervisor McGoldrick(26)

From Real Estate Division, submitting analysis of the City's risk management efforts and a review of best practices. (Reference Nos. 20030325-122 and 20030325-187) Copy: Supervisor McGoldrick(27)

From Real Estate Division, regarding costs incurred as a result of the anti-war protest that took place the week of March 24, 2003. (Reference No. 20030325-057) Copy: Supervisor McGoldrick(28)

From Daniel Hom, submitting support for appointment of Ben Hom to the Port Commission. File 030189, Copy: Each Supervisor(29)

From Department of Public Health, submitting quarterly budget report for the third quarter of fiscal year 2002-03, as required by Section 25 of the Annual Appropriation Ordinance. (30)

From Comcast Cable Communications, Inc., regarding franchise renewal agreement with the City and County of San Francisco.(31)

From Department of Public Health, submitting quarterly AIDS report. (32)

From concerned citizens, submitting support for Instant Run-Off voting. (33)

From Arts Commission, submitting analysis of the City's risk management efforts and a review of best practices. (Reference No. 20030325-167) Copy: Supervisor McGoldrick(34)

From Department of Parking and Traffic, regarding the possibility of installing STOP signs at the intersection of San Jose Avenue and Niagara Street. (Reference No. 20030318-001) Copy: Supervisor Sandoval(35)

From Human Rights Commission, submitting analysis of the City's risk management efforts and a review of best practices.(Reference No. 20030325-159) Copy: Supervisor McGoldrick(36)

From Planning Department, submitting draft Environmental Impact Report on the 450 Rhode Island Street Project and 17th and Rhode Island Streets Grocery Store Special Use Sub-district.(37)

From Charlie Peters, submitting newsletter entitled "Daily Breeze" dated April 14, 2003.(38)

From Branch Library Improvement Program, submitting quarterly report for the 2000 Branch Library Improvement Bond program. (39)

From James Chaffee, submitting letter entitled "Historical Context of the San Francisco Public Library" dated April 14, 2003. (40)

From California Academy of Sciences, concerning procedures governing risk management for City departments. (Reference No. 20030325-129) Copy: Supervisor McGoldrick(41)

From SF Public Library, concerning procedures governing risk management for City departments. (Reference No. 20030325-172) Copy: Supervisor McGoldrick
(42)

From SF Human Services Network, urging the Board to consider alternatives to the proposed legislation requiring City Departments to seek approval on all submissions of grant applications for outside funding sources. Copy: Each Supervisor(43)

From Mayor's Office of Criminal Justice, concerning efforts taken by the Mayor's Office of Criminal Justice to fully incorporate a domestic violence information system into the JUSTIS Project. (Reference No. 20030211-02) Copy: Supervisor Newsom(44)

From Klaus Paesler & Melina Fullbright, submitting second request to the Department of Parking and Traffic to paint a red zone next to their driveway.Copy: Each Supervisor(45)

From Business Week, submitting news analyst regarding mental health coverage for the homeless.(46)

From Human Rights Commission, concerning procedures governing risk management for City departments. (Reference No. 20030325-159) Copy: Supervisor McGoldrick(47)

From Board of Appeals, submitting notice that the Department did not incur any costs as a result of the anti-war protest that took place the week of March 24, 2003. (Reference No. 20030325-070) Copy: Supervisor Hall(48)

From SF Association of Realtors, submitting opposition to proposed amendments to San Francisco's rent control ordinance in it's entirety. File 021096, Copy: Each Supervisor(49)

From Priscilla Watts, concerning cable outages and interruptions by Comcast Cable Company because it is in the process of upgrading the entire cable system in San Francisco.(50)

From Immigrant Rights Commission, submitting resolution supporting the Student Adjustment Act (HR 1918) and the Development, Relief and Education for Alien Minor - DREAM Act (S 1291). Copy: Each Supervisor(51)

From State Department of Public Health, submitting response to the budget crisis for the Department of Public Health.(52)

From Martin Lyon, expressing his concern with leaving a phone message on the Board of Supervisors answering machine (playing phone tag). Copy: Each Supervisor(53)

From Department of Human Services, submitting request for waiver of Administrative Code Section 12B and 12C for Moore North America Inc. to continue participating in the Welfare Case Data System (WCDS) forms buying consortium.(54)

From John Jenkel, submitting letter entitled "How to stop unconstitutional wars and gain responsive government" dated April 15, 2003.(55)

From Ines Lewandowitz, urging the Board not to make any budget cuts to the programs offered by the Recreation and Park Department.(56)

From Paula Lynch, submitting opposition to getting rid of the low paid cashiers who work at public swimming pools instead of cutting from the top where the people are better educated and have a better chance of finding a new job. Copy: Each Supervisor(57)

From Department of Human Services, submitting notice that the Department incurred no expense during any of the anti-war protests that occurred in San Francisco during the past month. (Reference No. 20030325-063) Copy: Supervisor Hall(58)

From Dan Diez, submitting support for proposed legislation for stiff fines and penalties to those who block entry to places of our choice. Copy: Each Supervisor(59)

From Pauline Peele, submitting support for AB 1187, creating the Hunters Point Shipyard Development Authority.(60)

From Jack Berry, regarding proposed amendments to the "Rent Control Ordinance". Copy: Each Supervisor(61)

From US Army Corps of Engineers, submitting public notice of hearing regarding a five-year Department of the Army permit to continue the annual installation and removal of the Healdsburg Veterans Memorial Beach, located on the Russian River at 13839 Old Redwood Highway, Healsburg, Ca.(62)

From Japantown Task Force, Inc., submitting Japantown Festivities Calendar for 2003.(63)

From Martin Lyon, suggesting the name "Recreation and Park Department" be changed to Park and Recreation Department" and from DRP to DPR. Copy: Each Supervisor(64)

From concerned citizens, urging the Board not to make any cuts in funding in senior citizen programs.(65)

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.

Translation: request at least 48 hours before the meeting. Please call: (415) 554-7701

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

Know Your Rights Under the Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 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