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, May 6, 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 April 8, 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 9

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma, Newsom

1. 030574 [Agreement for Security Information Exchange Network] Mayor, Supervisor Dufty
Resolution authorizing the Director of Transportation to execute an agreement between the Federal Bureau of Investigations (FBI) and the City and County of San Francisco, enabling the Municipal Transportation Agency to participate in the Federal Government's cooperative known as InfraGard, which allows for the exchange of security information between the Federal Government and major transit agencies. (Mayor)

Question: Shall this Resolution be ADOPTED?

2. 030575 [State Grant - Mayor's Office of Criminal Justice] Mayor, Supervisors Dufty, Newsom
Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to accept and expend funds in the amount of $2,634,179 from the State Board of Corrections, from funds made available under Assembly Bill 1913 - known as the Schiff-Cardenas Crime Prevention Act of 2000 (CPA 2000), for programs and approaches that have been demonstrated to be effective in reducing delinquency. (Mayor)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

3. 030576 [State Grant - Police Department] Mayor, Supervisors Dufty, Newsom
Resolution authorizing the Police Department to retroactively accept and expend a grant from the State of California Controller's Office for funding technology-related acquisitions to enhance public safety. (Mayor)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Hall, Dufty, Gonzalez

4. 030475 [Settlement of Lawsuit - Sohail Ali, et al.]
Ordinance authorizing settlement of the lawsuit filed by Sohail Ali against the City and County of San Francisco for $47,500; the lawsuit was filed on April 29, 2002 in San Francisco Superior Court, Case No. 407-277; entitled Sohail Ali, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 030500 [Settlement of Lawsuit - Poppie Kouremetis]
Ordinance authorizing the City Attorney to make an offer of judgment under Federal Rule of Civil Procedure 68 of up to $75,000 in settlement of damages, attorneys' fees, and costs in the matter of Kouremetis and County of San Francisco. The lawsuit was filed on May 13, 2002, in San Francisco Superior Court, Case No. 407852 entitled Kouremetis v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

6. 030539 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Alison Duthie and other plaintiffs against the City and County of San Francisco and other defendants for $175,000; the lawsuit was filed on February 15, 2000 in United States District Court, Case No. C00-0539 (MEJ); entitled Alison Duthie, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 030328 [Settlement of Unlitigated Claim] Supervisor Hall
Ordinance approving settlement of an unlitigated claim by the City and County of San Francisco, acting by and through its Airport Commission, against D. Mitchell Concessions, Inc., by approving a lease of three coffee facilities in the Domestic Terminals and the main restaurant in the International Terminal, to one or more entities formed by Glenn Meyers, Dayna Meyers, and Garrett Meyers, approving the suspension of the Minimum Annual Guarantee for two Airport restaurants, waiving the competitive solicitation requirement in San Francisco Administrative Code Section 2A.173, and authorizing the Airport Director to execute agreements in furtherance of the foregoing.

Question: Shall this Ordinance be PASSED ON FIRST READING?

8. 022056 [Appointment]
Resolution appointing Nino Parker, William Kenneth Cleaveland and Gideon Kramer, terms indefinite, to the Graffiti Advisory Board.

Nino Parker, new position, seat 3, must represent Youth Groups who provide services for juveniles involved in alternative programs for graffiti diversion, for an indefinite term.
William Kenneth Cleaveland, new position, seat 12, (non-voting member) must represent neighborhood organizations from varying districts in San Francisco, for an indefinite term.
Gideon Kramer, new position, seat 14, (non-voting member) must represent neighborhood organizations from varying districts in San Francisco, for an indefinite term.

Question: Shall this Resolution be ADOPTED?

9. 030560 [Appointment]
Resolution appointing Cathy Russo, term ending March 31, 2004; Leonard Ke and William Hollabaugh terms ending March 31, 2005, to the Commission on the Aging Advisory Council.

Cathy Russo, succeeding Reeva Olson, term expired, seat 6, must be nominee of Supervisor Hall, for the unexpired portion of a two-year term ending March 31, 2004.
Leonard Ke, succeeding himself, term expired, seat 9, must be nominee of Supervisor Gerardo Sandoval, for a two-year term ending March 31, 2005.
William Hollabaugh, succeeding himself, term expired, seat 11, must be nominee of Supervisor Tom Ammiano, for a two-year term ending March 31, 2005.

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

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell, Ammiano

10. 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.

4/29/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors McGoldrick, Ammiano

11. 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.

4/29/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

12. 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.

4/29/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Rules Committee

Present: Supervisors Hall, Dufty

13. 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.

4/29/2003, CONTINUED. Continued to May 6, 2003

Question: Shall this Charter Amendment be SUBMITTED?

NEW BUSINESS

Recommendations of the City Services Committee

Present: Supervisors Dufty, Ma, Newsom

14. 030277 [Supporting Sustainable Harvesting and Providing Consumer Information for Seafood] Supervisor Sandoval
Resolution supporting the promotion of sustainable harvesting and providing consumer information for seafood in San Francisco restaurants and markets.

2/25/2003, REFERRED to City Services Committee. Supervisor Peskin requested this matter be Referred to Committee.

Question: Shall this Resolution be ADOPTED?

15. 030278 [Supporting Protection of Chilean Sea Bass] Supervisor Sandoval
Resolution urging the U.S. government to achieve greater protections for Chilean Sea Bass and urging all chefs, retailers, wholesalers and consumers to stop consuming Chilean Sea Bass until action is taken to protect Chilean Sea Bass from extinction.

2/25/2003, REFERRED to City Services Committee. Supervisor Newsom requested that this matter be Referred to Committee.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

16. 030639 [Federal Funding - Community Development Grant] Mayor
Resolution approving the 2003 Community Development Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City's 2003 Community Development Block Grant (CDBG) entitlement from the U. S. Department of Housing and Urban Development, and Program Income of $34,246,928 which include indirect costs of $150,000, and approving expenditure schedules for recipient departments and agencies and for indirect costs; placing $567,262 on reserve. (Mayor)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

17. 030640 [Federal Funding - Emergency Shelter Grants Program] Mayor
Resolution approving the 2003 Emergency Shelter Grants Program and Expenditure Schedule; and authorizing the Mayor on behalf of the City and County of San Francisco to accept, and expend a $867,000 entitlement under the Emergency Shelter Grants Program from the U. S. Department of Housing and Urban Development. (Mayor)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

18. 030641 [Federal Funding - Home Program] Mayor
Resolution authorizing the Mayor of the City and County of San Francisco to accept and expend a grant from the U. S. Department of Housing and Urban Development for a total amount of $8,804,657 which include indirect cost of $10,000 for the HOME Program authorized under TITLE II of the National Affordable Housing Act of 1990, Public Law Number 101-625, and approving the HOME Program description as described in the 2003 Action Plan for San Francisco's Consolidated Plan. (Mayor)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

19. 030630 [PUC Commercial Paper Issuance] Mayor, Supervisors Daly, Maxwell
Resolution approving the issuance of not to exceed $250,000,000 aggregate principal amount outstanding at any one time of the San Francisco Public Utilities Commission Commercial Paper Notes (Water Series) pursuant to Article V of Chapter 43 of Part 1 of the San Francisco Municipal Code for the purpose of financing certain capital improvements related to the water enterprise; approving the maximum interest rate thereon; and related matters. (Mayor)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

20. 030617 [Funding for the SFPUC Capital Improvement Program, Fiscal Year 2002-03] Mayor, Supervisors Daly, Maxwell
Ordinance appropriating $66,075,000 of funding from the sale of commercial paper for capital projects and financing costs pursuant to the San Francisco Public Utilities' Commission Capital Improvement Program for fiscal year 2002-03. (Mayor)

(No Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 030538 [Professional Services Contract] Supervisors Maxwell, Sandoval, McGoldrick
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 $5.052M. (Public Utilities Commission)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

From the Finance Committee "Without Recommendation"

Present: Supervisors Peskin, Sandoval, McGoldrick

22. 030689 [Pass through to residential tenants 50% of water bill charges attributable to water rate increases resulting from issuance of PUC water system revenue bonds] Supervisors Daly, Maxwell
Ordinance amending Administrative Code Chapter 37 (Residential Rent Stabilization and Arbitration Ordinance) by amending Sections 37.2, 37.3, and 37.8, to provide that landlords may pass through to residential tenants fifty percent (50%) of water bill charges attributable to water rate increases resulting from the issuance of any PUC water system revenue bonds authorized at the November 5, 2002 election, where a unit is in compliance with any applicable laws requiring water conservation devices; to provide that landlords give tenants notice of any such passthrough on a Rent Board form, and that a tenant is entitled to a copy of the water bill from the landlord upon request; to provide for a line item on each water bill showing the charge per unit of water that is attributable to water rate increases resulting from issuance of such bonds, multiplied by the total units of water used by that customer during the billing cycle; to provide that where one water bill covers multiple units, the permissible passthrough per unit is calculated by dividing 50% of that line item amount by the total number of units covered by the bill (including any commercial units); to provide that any such passthrough does not become part of a tenant's base rent; to provide that a tenant may file a hardship application with the Rent Board for relief from all or part of the cost passthrough, and that if a hardship application is granted the affected landlord may utilize any available Public Utilities Commission low-income rate discount program or similar program for water bill reduction based on the tenant's hardship status; to provide that a tenant may file a petition with the Rent Board within one year of the effective date of a passthrough for determination of whether that passthrough is in compliance with the Code, and that the landlord bears the burden of proving the accuracy of the passthrough calculations in such a hearing; clarification of other Rent Ordinance provisions, in order to distinguish general obligation bonds from water revenue bonds; and technical changes in order to conform to other recent Rent Ordinance amendments.

Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell

23. 020295 [Golden Triangle Light Standards as Landmark] Supervisor McGoldrick
Ordinance Designating The Golden Triangle Light Standards As Landmark No. 233 Pursuant To Article 10, Sections 1004 And 1004.4 of The Planning Code.

Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 030356 [Renewable Tidal Energy] Supervisors Gonzalez, Ammiano, Peskin, Daly, McGoldrick, Sandoval, Maxwell
Resolution supporting the development of a one megawatt renewable tidal energy pilot project within three years.

Question: Shall this Resolution be ADOPTED?

From the Land Use Committee "Without Recommendation"

Present: Supervisors McGoldrick, Maxwell, Ammiano

25. 030629 [United Nations Plaza] Supervisor Daly
Resolution approving the report of the Board of Supervisors' United Nations Plaza Working Group, and urging the Art Commission, Planning Commission, Department of Public Works, Mayor's Office and Bay Area Rapid Transit District (BART) to take all steps necessary and advisable to implement the report.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Hall, Dufty, Gonzalez

26. 030578 [Amend Resolution No. 675-02 - Board and Committee Meetings.] Supervisor Gonzalez
Resolution amending Resolution No. 675-02 to provide that neither the Board of Supervisors nor any of its Committees shall convene regularly scheduled meetings weeks when a holiday occurs, effective beginning the week of May 26, 2003, except that regularly scheduled Board and Committee meetings may be held on Monday through Wednesday of Thanksgiving week, and shall not be scheduled during the week following Thanksgiving.

Question: Shall this Resolution be ADOPTED?

27. 030579 [Amend Rule 6.2 - Board of Committee Meetings] Supervisor Gonzalez
Motion amending Rule 6.2 of the Rules of Order of the Board of Supervisors to provide that neither the Board of Supervisors nor any of its Committees shall convene regularly scheduled meetings during weeks when a holiday occurs, effective beginning the week of May 26, 2003, except that regularly scheduled Board and Committee meetings may be held on Monday through Wednesday of Thanksgiving week, and shall not be scheduled during the week following Thanksgiving.

Question: Shall this Motion be ADOPTED?

28. 030580 [Amend Rule 4.34 - Supervisors Vote and Roll Call] Supervisor Gonzalez
Motion amending Rule 4.34 of the Rules of Order of the Board of Supervisors to provide that the first Supervisor to be called on a vote shall be the same Supervisor who is called first on Roll Call under Rule 3.9, effective June 10, 2003.

Question: Shall this Motion be ADOPTED?

29. 030192 [Establishing San Francisco Zoo Audit Select Committee] Supervisor Gonzalez
Motion creating a San Francisco Zoo Audit Select Committee.

Question: Shall this Motion be ADOPTED?

30. ROLL CALL FOR INTRODUCTIONS

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

31. PUBLIC COMMENT

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

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 32 through 47

32. 030756 [Committee of the Whole] Supervisor Daly
Motion scheduling a Committee of the Whole to consider health service reductions (Bielenson Hearing), to be held on June 10, 2003 at 3:00 PM.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

33. 030757 [Extension of Planning Commission Review Period] Supervisor McGoldrick
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the San Francisco Planning Code by amending Sections 311 and 312 to require expanded public notice of exterior alteration projects and requiring the Building and Planning Departments to issue implementing regulations within 90 days and report to the Board on the effectiveness of the ordinance no later than nine months thereafter.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 030758 [Commend Gateway High School] Supervisor Gonzalez
Resolution commending Gateway High School and Principal Peter Thorp for being recognized as a California Distinguished School.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 030759 [Mount Davidson Commendation] Supervisor Hall
Resolution commending The City Attorney's Office, including Deputy City Attorneys Teresa Stricker, Ellen Forman, Kate Stacy and Mariam Morley, Former Deputy City Attorneys Mara Rosales, Peter Obstler and Elizabeth Dietrich for their successful efforts to defend the sale of the cross on Mount Davidson and the Council of Armenian American Organizations of Northern California for their successful efforts to preserve the cross on Mount Davidson as a memorial to the Armenian Genocide.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 030760 [Jackson Square Special Use District] Supervisor Peskin
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code with respect to creation of the Jackson Square Special Use District.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 030761 [US Senator Rick Santorum] Supervisor Newsom
Resolution urging Senator Rick Santorum to step down from his leadership position in the Republican Party and to apologize for his comments made on April 7th, 2003 to the Associated Press.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

38. 030762 [Fish Alley] Supervisor Newsom
Resolution urging the San Francisco Port and the Port Commission to continue its discussion with the tenants of the building located at Wharf J10, specifically to seek options other than demolition of the building and structure at Wharf J10 in Fish Alley.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

39. 030763 [Declare May 2003 Safe Jobs for Youth Month] Supervisors Ma, Newsom, Maxwell
Resolution declaring May 2003 as "Safe Jobs for Youth Month" in the City and County of San Francisco.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

40. 030764 [Preserve and Expand Summer Programming] Supervisors Ma, Dufty
Resolution supporting efforts to preserve and expand summer programming and urging City departments and the San Francisco Unified School District to identify ways to keep school buildings open for community-based organizations' usage.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

41. 030765 [Commend Chen Yi] Supervisor Ma
Resolution honoring the works and contributions of composer Chen Yi for the occasion on Dr. Chen's 50th birthday.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

42. 030766 [Supporting Senate Bill 848] Supervisors Ma, Maxwell
Resolution urging the support of Senate Bill 848, which would double or increase the fines for specified traffic violations cited in school zones in any city or county that approves a required local implementing ordinance and authorize the use of these enhanced fine revenues for pedestrian and bicycle safety programs.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

43. 030767 [Declare May 6, 2003 as World Asthma Day in SF] Supervisors Maxwell, Ma
Resolution declaring May 6th, 2003 as World Asthma Day in San Francisco.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

44. 030768 [Proud Young Women's Day] Supervisor Maxwell
Resolution commending Martin Luther King Middle School for their efforts to empower and develop leadership in their young women and proclaiming May 14, 2003 as "Proud Young Women's Day in the City and County of San Francisco.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

45. 030769 [Proclaim May 19-25, 2003, as Public Works Week in SF] Supervisors Maxwell, Dufty, Hall
Resolution proclaiming May 19 through 25, 2003, as Public Works Week in San Francisco.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

46. 030770 [Supporting California Bicycle Commute Week] Supervisor Maxwell
Resolution supporting California Bicycle Commute Week May 12-16, 2003.

4/29/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

47. 030659 [Final Map for a 15 Unit Commercial and Live/Work Condominium Project]
Motion approving Final Map of 2900 22nd Street, a Commercial and Live/Work Condominium Project, being a subdivision of Lots 9 and 10, Assessor's Block No. 3613, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(No Public Benefit Recipient; DPW Order No. 174,081; District 9.)

4/24/2003, 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:_________________________________________

48. 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 22, 2003 through April 28, 2003, for reference by President to appropriate committee on May 6, 2003.

030660 [Settlement of Lawsuit - Carmi L. Johnson]
Ordinance authorizing settlement of the lawsuit filed by Carmi L. Johnson against the City and County of San Francisco for $85,000; the lawsuit was filed on March 2, 2001 in United States District Court, Northern District, Case No. C01-0904 SBA; entitled Carmi L. Johnson v. City and County of San Francisco, Roland Chen, Therese Madden; other material terms of said settlement are: 1. PUC to redistribute policies regarding prevention of harassment and retaliation; 2. City to provide contact individual at City Department of Human Resources for future EEO issues. (City Attorney)

(Public Benefit Recipient.)

4/23/2003, RECEIVED AND ASSIGNED to Rules Committee.

030691 [Settlement of Legal Proceeding]
Ordinance approving the settlement of a claim flied by the City and County San Francisco in the bankruptcy entitled In re Metricom, Inc., United States District Court, Northern District of California, Case No. 01-53291-ASW. (City Attorney)

(Public Benefit Recipient.)

4/22/2003, RECEIVED AND ASSIGNED to Rules Committee.

030703 [Settlement of Lawsuit - Sherri Cytanovich]
Ordinance authorizing settlement of the lawsuit filed by Sherri Cytanovich against the City and County of San Francisco for $100,000; the lawsuit was filed on December 8, 2001 in San Francisco Superior Court, Case No. 401-091; entitled Sherri Cytanovich, et al., v. City and County of San Francisco, et al. (City Attorney)

4/28/2003, RECEIVED AND ASSIGNED to Rules Committee.

030747 [Fee Schedule Amendments - Planning Department]
Ordinance amending the San Francisco Administrative Code by amending Chapter 31, Article IV to increase fees for services. (Planning Department)

(No Public Benefit Recipient.)

4/28/2003, RECEIVED AND ASSIGNED to Budget Committee.

030748 [Fee Schedule Amendments - Planning Department]
Ordinance amending the San Francisco Planning Code by amending Article 3.5 to increase fees for services. (Planning Department)

(No Public Benefit Recipient.)

4/28/2003, RECEIVED AND ASSIGNED to Budget Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from April 22, 2003 through April 28, 2003, for reference by President to appropriate committee on May 6, 2003.

030692 [Accept- Expend Proposition 13 Grant]
Resolution authorizing the Department of the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $1 million from the Proposition 13 account for the removal of Niles and Sunol dams. (Public Utilities Commission)

(No Public Benefit Recipient.)

4/25/2003, RECEIVED AND ASSIGNED to City Services Committee.

030693 [Prevailing Wage Rates]
Resolution fixing the prevailing wage rates for workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City. (Civil Service Commission)

(No Public Benefit Recipient.)

4/25/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030745 [Settlement of Claim - Thomas W. Westwood]
Resolution approving the settlement of the unlitigated claim filed on February 7, 2002 by Thomas W. Westwood against the City and County of San Francisco. (City Attorney)

(Public Benefit Recipient.)

4/25/2003, RECEIVED AND ASSIGNED to Rules Committee.

030746 [Mental health services to HIV positive women and their adult family members amendment 2]
Resolution authorizing the San Francisco Department of Public Health, HIV Mental Health Program at the Center for Special Problems (SFDPH, CSP) to enter retroactively into an agreement, Amendment Number 2, in an additional amount of $30,000 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to provide outpatient mental health services to women who have HIV and their adult family members, for the period of August 1, 2002 to July 31, 2003. (Public Health Department)

(No Public Benefit Recipient.)

4/28/2003, RECEIVED AND ASSIGNED to City Services Committee. Department requests this item be scheduled for consideration at the May 15, 2003 meeting.

030782 [Petitions and Communications]

Petitions and Communications received from April 22, 2003 through April 28, 2003, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on May 6, 2003.
From Tse Lan Lam, filing notice of appeal for property located at 271 Harold Avenue from action of the Planning Commission. (1)
From SF Unified School District, submitting a copy of the 1997 Educational Facilities Bonds Quarterly Report for January through March 2003, Volume IX. Copy: Each Supervisor, Budget Analyst Harvey Rose (2)

From Budget Analyst, submitting copy of the Budget Analyst's Management Audit Report of SF General Hospital's Revenues and Expenditures. (3)

From Police Department, concerning the Department's procedures for investigating officer wrongdoing, including the Internal Management Control Division reviews, timelines for investigation, procedures for review and recommendations by the Chief of Police, Commission process, and current or proposed processes for third-party review in cases of real or perceived conflict of interest. File 030466, Copy: Supervisors Ammiano, McGoldrick (4)

From Police Commission Office of Citizen Complaints, regarding patterns of withholding information by the SF Police Department from the Office of Citizen Complaint investigators. File 030466, Copy: Supervisors Ammiano, McGoldrick (5)

From Office of the Sheriff, submitting request for release of reserved funds ($2,375,147) to repay the General Fund for costs incurred for the planning and environmental review phases of the San Bruno Jail Project. Copy: Supervisor Peskin, Chair of Finance and Audits Committee (6)

From SF Airport Director, submitting detailed status report of passenger traffic levels and its impact on the Concession Program Leases. File 021230, Copy: Supervisor Peskin, Chair of Finance and Audits Committee (7)

From Department of the Environment, submitting notice that the Department incurred no costs relating to any of the anti-war protests held in San Francisco. (Reference No. 20030325-026) Copy: Supervisor Hall (8)

From Office of the Clerk of the Board, submitting list of organizations, including the membership cost in which the Board of Supervisors/Clerk of the Board's Office wishes to be a member in fiscal year 2003-04. Copy: Each Supervisor, Mayor, Controller (9)

From IFPTE, Local 21, submitting analysis of the new Management Classification and Compensation Plan ("MCCP"). Copy: Each Supervisor (10)

From Youth Commission, submitting copy of two resolutions adopted by the Commission on April 21, 2003, authorizing the Department of Children, Youth and Their Families to accept and expend a grant from the Substance Abuse and Mental Health Services Administration, and from the U.S. Department of Justice, Violence against Women Office for Safe Havens. (11)

From Board of Appeals, submitting copy of letter sent to constituent concerning support for the Zoning Administrator's Determination that hamburger restaurants are not permitted at Lakeshore Plaza. (12)

From Mayor's Office of Criminal Justice, submitting budget information from community based organizations that have a contract with the Mayor's Office of Criminal Justice. (Reference No. 20021216-087) Copy: Supervisor Hall (13)

From Office of the Controller, submitting report on the best practices for internal investigations and civilian review of Police complaints in other jurisdictions, and on reforms which have been undertaken in other cities. (Reference 20030318-015) File 030466, Copy: Supervisor Ammiano (14)

From Department of Public Works, submitting copy of letter sent to SF Transportation Authority responding to the draft Expenditure Plan distributed to City staff at the Transportation Authority Technical Working Group meeting on April 17, 2003. Copy: Each Supervisor (15)

From Department of Human Services, regarding any new or existing programs designated by the Department for the implementation of the provisions of Proposition N, Care Not Cash. (Reference No. 20030318-011) Copy: Supervisor McGoldrick (16)

From Coalition for SF Neighborhoods, submitting opposition to any change in the Zoning and Planning Codes (including the Housing Element and the Land Use Element which are segments of the Citywide Action Plan). File 021598 (17)

From Office of the Legislative Analyst, submitting report regarding funding for crime labs and DNA testing in comparable cities, identifying the current backlog at the Police Department Crime Lab, and recommending how to increase capacity and efficiency at the crime lab. File 021905, Copy: Supervisor Daly (18)

From Department of Public Health, concerning risks of the West Nile Virus to citizens of San Francisco and what steps have been taken by the department to minimize these risks. (Reference No. 20030305-005) Copy: Supervisor Sandoval (19)

From Department of Public Health, regarding systematic procedures for risk management of employees of the City and County of San Francisco. (Reference No. 20030325-199) Copy: Supervisor McGoldrick (20)

From Human Rights Commission, submitting notice that no costs was incurred as a result of the anti-war protests. (Reference No. 20030325-029) Copy: Supervisor Hall (21)

From Office of the Sheriff, submitting an update on the department's participation on the Justice Information System (JUSTIS) project. (Reference No. 20030187-005) Copy: Supervisor Newsom (22)

From concerned citizens, submitting opposition to proposed ordinance implementing restrictive and prohibitive office use for Jackson Square neighborhood buildings. File 030040, 2 letters (23)

From SF Airport, concerning procedures governing risk management for City departments and recommending improvements to mitigate or avoid future risk. (Reference Nos. 20030325-157 and 20030325-092) Copy: Supervisor McGoldrick (24)

From Employees' Retirement System, submitting notice that no costs was incurred as a result of the anti-war protests. (Reference No. 20030325-053) Copy: Supervisor Hall (25)

From Muni, submitting an itemized account of costs incurred by Muni during the anti-war protests. (Reference No. 20030325-020) Copy: Supervisor Hall (26)

From SF Architectural Heritage, submitting support for landmark designation of the Golden Triangle Street Light Standards. Copy: Land Use Committee (27)

From Police Department, submitting an update on the department's participation on the Justice Information System (JUSTIS) project. (Reference No. 20030187-005) Copy: Supervisor Newsom (28)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for proposed ordinance that would amend the Planning Code to permit one additional secondary dwelling unit of no more than 750 square feet of gross floor area in Residential Districts that meet certain criteria. File 021598, Copy: Each Supervisor (29)

From Youth Commission, submitting opposition to proposed resolution authorizing the District Attorney to accept grant from the U.S. Justice Department for a project entitled "Project Sentry". File 030504, Copy: Each Supervisor (30)

From Department of Building Inspection, concerning procedures governing risk management for City departments and recommending improvements to mitigate or avoid future risk. (Reference Nos. 20030325-081 and 20030325-146) Copy: Supervisor McGoldrick (31)

From SF Airport, submitting notice that the Airport did not incur any cost as a result of last week's protest. (Reference No. 20030325-027) Copy: Supervisor Hall (32)

From Law Library, regarding risk management practices at the Law Library. (Reference No. 20030325-195) Copy: Supervisor McGoldrick (33)

From Lake County Board of Supervisors, sitting as Lake County In-Home Supportive Services Public Authority, submitting opposition to AB 1470 and SB 936. (34)

From Youth Commission, submitting three resolutions; regarding police accountability, urging passage of AB 1608, and commending the May 8th Rally. (35)

From SF Environment, regarding providing assistance to San Francisco Unified School District in developing a waste audit and recycling strategy. (Reference No. 20030325-003) Copy: Supervisors Ammiano, Dufty (36)

From Office of the Sheriff, submitting an itemized account of costs incurred by Muni during the anti-war protests. (Reference No. 20030325-013) Copy: Supervisor Hall (37)

From SF Environment, submitting information regarding the Department of the Environment's new lease. (38)

From California State Association of Counties, urging the Board of Supervisors to oppose AB 206 that would enact the Emergency Health Powers Act which circumvents the authority of the County Boards of Supervisors and allows the State Department of Health Services to designate a person to act on behalf of the county for purposes of this act. Copy: Each Supervisor (39)

From Stanley Bascom, submitting his concern with the Board of Supervisors proposal to watch over Muni's 98 projects, including direct management responsibility for designing and building the $980 million Transbay Terminal. Copy: Each Supervisor (40)

From Patrick Monette-Shaw, submitting report concerning trimming 10% to 20% of the City's management fat. Copy: Each Supervisor (41)

From Patrick Monette-Shaw, submitting revised copy of his report dated April 16, 2003 concerning trimming 10% to 20% of the City's management fat. Copy: Each Supervisor (42)

From John Blakeley, submitting opposition to proposed rent ordinance amendment regarding relocation payments. File 030670 (43)

From Michael Lyon, urging the Board of Supervisors not to cut funding for Central City Hospitality House, and it's Tenderloin self-help Center. (44)

From concerned citizens, submitting support for issuance liquor license for the 111 Minna Gallery at 111 Minna Street. (45)

From concerned citizen, submitting request for telecast by SFGTV of Planning Commission meetings. (46)

From Civil Service Commission, submitting report regarding salary survey for Registered Nurse Classifications as provided under Charter Section A8.403. Copy: Each Supervisor (47)

From City Librarian, submitting notice that she will be proposing an alternate plan to legislation that would create a citizen's advisory committee for the San Francisco Public Library to the Library Commission on May 20, 2003. Copy: Each Supervisor (48)

From War Memorial and Performing Arts Center, concerning systematic efforts by the department to identify, evaluate, address, mitigate and monitor risks associated with departmental activities. (Reference Nos. 20030325-109 and 20030325-174) Copy; Supervisor McGoldrick (49)

From National Association of the Remodeling Industry, urging the Board to place a proposition on the City ballot to amend the San Francisco Charter, establishing the Small Business Commission as a charter commission. Copy: Each Supervisor (50)

From Youth Commission, submitting opposition to proposed legislation urging the Police Department to itemize their expenses associated with the March 20-22, 2003 anti-war protests, forward that information to the City Attorney, and urging the City Attorney to pursue all legal remedies against those responsible for organizing these demonstrations in order to recover the costs incurred by the City and County of San Francisco that resulted. (51)

From Youth Commission, submitting opposition to proposed legislation urging the District Attorney to prosecute to the fullest extent allowed under the law to those arrested on March 20, 2003 and subsequent days who flagrantly and/or repeatedly violated the law for blocking traffic and failing to follow police orders. (52)

From Department of Public Works, submitting Defective Sidewalk Repair Revolving Account report for the period January 1, 2003 through March 31, 2003. (53)

From concerned citizens, submitting concern that the mechanics and education required for Instant Runoff Voting may not be in place in time for the November elections unless some action is taken by the Board of Supervisors. Copy: Each Supervisor (54)

From Muni, submitting Muni's operating fund report for the third quarter of fiscal year 2003. (55)

From Public Library, submitting notice that the Library did not incur any costs as a result of the anti-war demonstrations. (Reference No. 20030325-042) Copy: Supervisor Hall (56)

From concerned citizens, submitting opposition to proposed rent ordinance that would allow an increased number of tenants to live in an apartment. Copy: Each Supervisor (57)

From Alex Lantsberg, submitting support for the State Legislature's adoption of AB 1187, creating the Hunters Point Shipyard Development Authority. Copy: Each Supervisor (58)

From concerned citizens, submitting support for resolution encouraging sustainable harvesting and labeling of seafood. File 030278, 030277 (59)

From Action for Animals, submitting news article entitled A Breeding Ground? Alleging some markets in China sell live animals that could be linked to SARS. Copy: Each Supervisor (57)

From Lloyd Schloegel, regarding traffic safety at the intersection of Van Ness Avenue and McAllister Street. (58)

From Mr. & Mrs. Ralph House, submitting their concern with the recently passed legislation that revises administration of the Police Emergency Alarm Ordinance. File 021995, Copy: Each Supervisor (59)

From Stefan Stuerwald, requesting a stop sign be placed at the intersection of Hayes and Clayton Streets. Copy: Each Supervisor (60)

From Edward Goehring, regarding his concern with the drug dealing, theft and fights at the intersection of Haight and Fillmore Streets. Copy: Each Supervisor (61)

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

	APPROVAL OF MEETING MINUTES






		Motion to approve April 8, 2003 Meeting Minutes.

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendations of the City Services Committee






		Present: Supervisors Dufty, Ma, Newsom


1.	030574	[Agreement for Security Information Exchange Network]	Mayor, Supervisor Dufty
		Resolution authorizing the Director of Transportation to execute an agreement between the Federal Bureau of Investigations (FBI) and the City and County of San Francisco, enabling the Municipal Transportation Agency to participate in the Federal Government's cooperative known as InfraGard, which allows for the exchange of security information between the Federal Government and major transit agencies. (Mayor)



		Question: Shall this Resolution be ADOPTED?


2.	030575	[State Grant - Mayor's Office of Criminal Justice]	Mayor, Supervisors Dufty, Newsom
		Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to accept and expend funds in the amount of $2,634,179 from the State Board of Corrections, from funds made available under Assembly Bill 1913 - known as the Schiff-Cardenas Crime Prevention Act of 2000 (CPA 2000), for programs and approaches that have been demonstrated to be effective in reducing delinquency. (Mayor)

		(Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


3.	030576	[State Grant - Police Department]	Mayor, Supervisors Dufty, Newsom
		Resolution authorizing the Police Department to retroactively accept and expend a grant from the State of California Controller's Office for funding technology-related acquisitions to enhance public safety. (Mayor)

		(Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules Committee




		Present: Supervisors Hall, Dufty, Gonzalez


4.	030475	[Settlement of Lawsuit - Sohail Ali, et al.]
		Ordinance authorizing settlement of the lawsuit filed by Sohail Ali against the City and County of San Francisco for $47,500; the lawsuit was filed on April 29, 2002 in San Francisco Superior Court, Case No. 407-277; entitled Sohail Ali, et al., v. City and County of San Francisco, et al. (City Attorney)

		(Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


5.	030500	[Settlement of Lawsuit - Poppie Kouremetis]
		Ordinance authorizing the City Attorney to make an offer of judgment under Federal Rule of Civil Procedure 68 of up to $75,000 in settlement of damages, attorneys' fees, and costs in the matter of Kouremetis and County of San Francisco. The lawsuit was filed on May 13, 2002, in San Francisco Superior Court, Case No. 407852 entitled Kouremetis v. City and County of San Francisco, et al. (City Attorney)

		(Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


6.	030539	[Settlement of Lawsuit]
		Ordinance authorizing settlement of the lawsuit filed by Alison Duthie and other plaintiffs against the City and County of San Francisco and other defendants for $175,000; the lawsuit was filed on February 15, 2000 in United States District Court, Case No. C00-0539 (MEJ); entitled Alison Duthie, et al., v. City and County of San Francisco, et al. (City Attorney)

		(Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


7.	030328	[Settlement of Unlitigated Claim]	Supervisor Hall
		Ordinance approving settlement of an unlitigated claim by the City and County of San Francisco, acting by and through its Airport Commission, against D. Mitchell Concessions, Inc., by approving a lease of three coffee facilities in the Domestic Terminals and the main restaurant in the International Terminal, to one or more entities formed by Glenn Meyers, Dayna Meyers, and Garrett Meyers, approving the suspension of the Minimum Annual Guarantee for two Airport restaurants, waiving the competitive solicitation requirement in San Francisco Administrative Code Section 2A.173, and authorizing the Airport Director to execute agreements in furtherance of the foregoing.



		Question: Shall this Ordinance be PASSED ON FIRST READING?


8.	022056	[Appointment]
		Resolution appointing Nino Parker, William Kenneth Cleaveland and Gideon Kramer, terms indefinite, to the Graffiti Advisory Board.

		Nino Parker, new position, seat 3, must represent Youth Groups who provide services for juveniles involved in alternative programs for graffiti diversion, for an indefinite term. William Kenneth Cleaveland, new position, seat 12, (non-voting member) must represent neighborhood organizations from varying districts in San Francisco, for an indefinite term. Gideon Kramer, new position, seat 14, (non-voting member) must represent neighborhood organizations from varying districts in San Francisco, for an indefinite term.

		Question: Shall this Resolution be ADOPTED?


9.	030560	[Appointment]
		Resolution appointing Cathy Russo, term ending March 31, 2004; Leonard Ke and William Hollabaugh terms ending March 31, 2005, to the Commission on the Aging Advisory Council.

		Cathy Russo, succeeding Reeva Olson, term expired, seat 6, must be nominee of Supervisor Hall, for the unexpired portion of a two-year term ending March 31, 2004. Leonard Ke, succeeding himself, term expired, seat 9, must be nominee of Supervisor Gerardo Sandoval, for a two-year term ending March 31, 2005. William Hollabaugh, succeeding himself, term expired, seat 11, must be nominee of Supervisor Tom Ammiano, for a two-year term ending March 31, 2005.

		Question: Shall this Resolution be ADOPTED?






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

	Recommendations of the Land Use Committee




		Present: Supervisors McGoldrick, Maxwell, Ammiano


10.	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.


		4/29/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


11.	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.


		4/29/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


12.	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.


		4/29/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendation of the Rules Committee






		Present: Supervisors Hall, Dufty


13.	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.

		4/29/2003, CONTINUED. Continued to May 6, 2003


		Question: Shall this Charter Amendment be SUBMITTED?


14.	030277	[Supporting Sustainable Harvesting and Providing Consumer Information for Seafood]	Supervisor Sandoval
		Resolution supporting the promotion of sustainable harvesting and providing consumer information for seafood in San Francisco restaurants and markets.


		2/25/2003, REFERRED to City Services Committee. Supervisor Peskin requested this matter be Referred to Committee.


		Question: Shall this Resolution be ADOPTED?


15.	030278	[Supporting Protection of Chilean Sea Bass]	Supervisor Sandoval
		Resolution urging the U.S. government to achieve greater protections for Chilean Sea Bass and urging all chefs, retailers, wholesalers and consumers to stop consuming Chilean Sea Bass until action is taken to protect Chilean Sea Bass from extinction.


		2/25/2003, REFERRED to City Services Committee. Supervisor Newsom requested that this matter be Referred to Committee.


		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Finance and Audits Committee




		Present: Supervisors Peskin, Sandoval, McGoldrick


16.	030639	[Federal Funding - Community Development Grant]	Mayor
		Resolution approving the 2003 Community Development Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City's 2003 Community Development Block Grant (CDBG) entitlement from the U. S. Department of Housing and Urban Development, and Program Income of $34,246,928 which include indirect costs of $150,000, and approving expenditure schedules for recipient departments and agencies and for indirect costs; placing $567,262 on reserve. (Mayor)

		(Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


17.	030640	[Federal Funding - Emergency Shelter Grants Program]	Mayor
		Resolution approving the 2003 Emergency Shelter Grants Program and Expenditure Schedule; and authorizing the Mayor on behalf of the City and County of San Francisco to accept, and expend a $867,000 entitlement under the Emergency Shelter Grants Program from the U. S. Department of Housing and Urban Development. (Mayor)

		(Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


18.	030641	[Federal Funding - Home Program]	Mayor
		Resolution authorizing the Mayor of the City and County of San Francisco to accept and expend a grant from the U. S. Department of Housing and Urban Development for a total amount of $8,804,657 which include indirect cost of $10,000 for the HOME Program authorized under TITLE II of the National Affordable Housing Act of 1990, Public Law Number 101-625, and approving the HOME Program description as described in the 2003 Action Plan for San Francisco's Consolidated Plan. (Mayor)

		(Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


19.	030630	[PUC Commercial Paper Issuance]	Mayor, Supervisors Daly, Maxwell
		Resolution approving the issuance of not to exceed $250,000,000 aggregate principal amount outstanding at any one time of the San Francisco Public Utilities Commission Commercial Paper Notes (Water Series) pursuant to Article V of Chapter 43 of Part 1 of the San Francisco Municipal Code for the purpose of financing certain capital improvements related to the water enterprise; approving the maximum interest rate thereon; and related matters. (Mayor)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?


20.	030617	[Funding for the SFPUC Capital Improvement Program, Fiscal Year 2002-03]	Mayor, Supervisors Daly, Maxwell
		Ordinance appropriating $66,075,000 of funding from the sale of commercial paper for capital projects and financing costs pursuant to the San Francisco Public Utilities' Commission Capital Improvement Program for fiscal year 2002-03. (Mayor)

		(No Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


21.	030538	[Professional Services Contract]	Supervisors Maxwell, Sandoval, McGoldrick
		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 $5.052M. (Public Utilities Commission)

		(No Public Benefit Recipient.)

		Question: Shall this Resolution be ADOPTED?