Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

Legislative Chamber - Second Floor
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

AGENDA
Tuesday, June 15, 2004
2:00 PM

Regular Meeting

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

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

AGENDA CHANGES

COMMUNICATIONS

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

CONSENT AGENDA

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

Items 1 through 5

Recommendation of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

1. 040493 [Real Property Transfer Tax] Supervisors Dufty, Ammiano, Daly
Ordinance amending Article 12-C of the San Francisco Business and Tax Regulations Code (Real Property Transfer Tax Ordinance) to conform and clarify exemptions for transfers of real property between spouses and domestic partners, and to divide assets upon dissolution of marriage or domestic partnership.

6/8/2004, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

2. 040494 [Settlement of Lawsuit - Novoa-Huf, et al.]
Ordinance authorizing the settlement of lawsuit filed by Linda Novoa-Huf, Ayanda Lumpkin and LaKreisha Crawford against the San Francisco Department of Building Inspection, Michael Rodman, and McCoy's Patrol Services for $175,000; the lawsuit was filed on December 3, 2002, in San Francisco Superior Court, Case No. 415266, entitled Novoa-Huf, et al. v. Department of Building Inspection, et al. (City Attorney)

6/8/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

3. 040572 [Settlement of Lawsuit - Doug Barkus]
Ordinance authorizing settlement of the lawsuit filed by Doug Barkus against the City and County of San Francisco for $57,500; the lawsuit was filed on March 4, 2003 in San Francisco Superior Court, Case No. 502-539; entitled Doug Barkus v. City and County of San Francisco, et al. (City Attorney)

6/8/2004, PASSED, ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Maxwell, Gonzalez

4. 040632 [Settlement of Lawsuit - Michael Stamper]
Ordinance authorizing settlement of the lawsuit filed by Michael Stamper against the City and County of San Francisco for $157,500.00; the lawsuit was filed on October 31, 2003 in San Francisco Superior Court, Case No. 425-974, entitled Michael Lavon Stamper v. City and County of San Francisco, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 040634 [Settlement of Lawsuit]
Ordinance ratifying the April 15, 2002 settlement of the lawsuit filed by City and County of San Francisco against Glometro Inc. and Nancy Ho Belli; the April 15, 2002 settlement agreement set forth various terms and required defendants to pay the amount of $140,000; the lawsuit was filed on April 5, 2001 in San Francisco Superior Court, Case No. 320-263; entitled City and County of San Francisco et al. v. Glometro Inc., Nancy Ho Belli, et al. (City Attorney)

Question: Shall this Ordinance be PASSED ON FIRST READING?

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

REGULAR AGENDA

NEW BUSINESS

Recommendations of the Finance and Audits Committee

Present: Supervisors Daly, Peskin, Ammiano

6. 040343 [Taxi Legislation] Supervisors Daly, Ma, Gonzalez
Ordinance amending the San Francisco Police Code by: amending Sections 1076 and 1081, to state a test, measured as 800 cumulative hours per year, for satisfying the driving requirement imposed on taxi and ramped taxi permit holders; amending Sections 1121 and 1148.1, to set requirements, including prior driving experience, for taxi and ramped taxi permit applicants; and, adding Sections 1186, 1187, and 1188, to establish administrative penalties and procedures for violations of the full-time driving requirement and for violations of the Taxi Commission's rules and regulations.

Question: Shall this Ordinance be PASSED ON FIRST READING?

7. 040582 [Modification #9 to Lease and Use Agreement No. L-82-0111 with American Airlines, Inc. at Terminal 3 of San Francisco International Airport] Mayor
Resolution approving and authorizing the execution of Modification # 9 to Lease and Use Agreement No. L-82-0111 with American Airlines, Inc., to reduce terminal space in Terminal 3 of San Francisco International Airport.

Question: Shall this Resolution be ADOPTED?

8. 040636 [Amendment to Lease of Real Property]
Resolution authorizing the amendment to lease of real property located at 598 Portola, San Francisco, California with Twin Peaks Petroleum, Inc., a California corporation doing business as Twin Peaks Auto Care (Tenant) successor in interest to Michael Gharib. (Real Estate Department)

Question: Shall this Resolution be ADOPTED?

9. 040655 [Mortgage Credit Certificates] Supervisor Alioto-Pier
Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates.

Question: Shall this Resolution be ADOPTED?

10. 040659 [Refunding San Francisco Courthouse Project Certificates of Participation (Series 1995)] Mayor, Supervisor Hall
Resolution approving the execution and delivery of refunding certificates of participation to refinance, in whole and/or in part, the $40,635,000 outstanding Certificates of Participation (San Francisco Courthouse Project) Series 1995; approving the form of a first supplement to property and facility lease by and between the City and County of San Francisco (the "City") and U.S. Bank Trust National Association (the "Trustee"); approving the form of a first supplement to project lease between the Trustee and the City; approving the form of a first supplement to trust agreement between the City and the Trustee; approving the form of an escrow agreement between the City and BNY Western Trust Company; approving the form of the official notice of sale and the notice of intention to sell for the refunding certificates of participation; directing the publication of the notice of intention to sell for the refunding certificates of participation; approving the form of the official statement in preliminary and final form; approving the form of the continuing disclosure certificate; authorizing the payment of cost of issuance; and ratifying previous actions taken in connection therewith.

Question: Shall this Resolution be ADOPTED?

11. 040660 [Mortgage Revenue Bonds] Supervisor Peskin
Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the "Director") to submit an application and related documents to the California Debt Limit Allocation Committee ("CDLAC") to permit the issuance of qualified mortgage bonds in an aggregate principal amount not to exceed $25,000,000; authorizing and directing the Director to deposit with the Controller's Office an amount not to exceed $125,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to the deposit to the State of California if the City fails to issue the qualified mortgage bonds; and authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the application.

Question: Shall this Resolution be ADOPTED?

12. 040680 [Lease of Property - Empress Hotel] Supervisor Daly
Resolution authorizing and approving the lease by and between the City and County of San Francisco, for the Department of Public Health, as Tenant, and Empress, LLC, as Landlord, for the Empress Hotel located at 144 Eddy Street, San Francisco, CA 94102.

(Fiscal impact.)

Question: Shall this Resolution be ADOPTED?

13. 040710 [Contracting Out City Services]
Resolution concurring with the Controller's certification that assistance to certain victims of crime and education in community anti-street violence can be practically performed for the District Attorney's Victim Witness Assistance Program by a private contract at a lower cost than similar work services performed by City and County employees. (District Attorney)

Question: Shall this Resolution be ADOPTED?

Recommendation of the Rules Committee

Present: Supervisors Maxwell, Gonzalez

14. 040539 [Requirements for Department of Building Inspection Permit Tracking System] Supervisors Dufty, Ammiano, Gonzalez, Maxwell
Ordinance amending the San Francisco Administrative Code by adding a new Chapter 78 to direct the Department of Building Inspection to improve its permit tracking system to allow for open and public review of the status, routing and location of pending permits.

Question: Shall this Ordinance be PASSED ON FIRST READING?

From the Rules Committee "Without Recommendation"

Present: Supervisors Maxwell, Gonzalez

15. 031876 [Regulation of Permit Consultants commonly known as Permit Expediters] Supervisors Daly, Gonzalez
Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding Article V, sections 5.100 to 5.150 to impose registration and disclosure requirements on permit consultants.

Question: Shall this Ordinance be PASSED ON FIRST READING?

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

16. 040681 [Hearing - Health Service Reductions] Supervisor Sandoval
Hearing to consider the Department of Public Health's budget eliminating or reducing medical services. (Bielenson Hearing) (See Public Notice posted outside the Clerk of the Board's Office, Room 244, City Hall)

Action:___________________________

SPECIAL ORDER 3:30 P.M - Recognition of Commendations

SPECIAL ORDER 4:00 P.M.

APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2.

17. 040616 [Public Hearing - Appeal, FEIR for the proposed Transbay Terminal/Extension of Caltrain /Redevelopment Project at 425 Mission Street]
Hearing of persons interested in or objecting to the Planning Commission certification of the Final Environmental Impact Report, Case No. 2000.048E, dated April 22, 2004, for the proposed Transbay Terminal/Extension of Caltrain/ Redevelopment Plan generally bounded by Mission, Main, Spear, Folsom, Essex, I-80, Second and Minna Streets; and the track alignment is under Townsend and Second Streets located at 425 Mission Street. (Appellants: Timothy A.Tosta on behalf of Myers Natoma Venture, LLC and Myers Development Company; Oliver L. Holmes; and Joseph J. Brecher representing 14 appellants).

(Dates Filed: 5/10/04 and 5/12/04; companion measure to Files 040629, 040630, 040631.)

6/8/2004, CONTINUED. Continued to June 15, 2004

Action:___________________________

Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Environmental Impact Report described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

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

18. 040629 [Affirming certification of the final environmental impact report for the Transbay Terminal]
Motion affirming the Planning Commission certification of the final environmental impact report for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project. (Clerk of the Board)

6/8/2004, CONTINUED. Continued to June 15, 2004

Question: Shall this Motion be ADOPTED?

19. 040630 [Reversing certification of the final environmental impact report for the Transbay Terminal]
Motion reversing the Planning Commission certification of the final environmental impact report for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project. (Clerk of the Board)

6/8/2004, CONTINUED. Continued to June 15, 2004

Question: Shall this Motion be ADOPTED?

20. 040631 [Preparation of findings for the final environmental impact report for the Transbay Terminal]
Motion directing the Clerk of the Board to prepare findings concerning the Board of Supervisors' action on the Planning Commission certification of the final environmental impact report for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project. (Clerk of the Board)

6/8/2004, CONTINUED. Continued to June 15, 2004

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

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

The following item will be considered by the Rules Committee at a Special Meeting on Monday, June 14, 2004 at 10:30 a.m. The Chair intends to request the Committee to send the following item to the Board as a committee report.

21. 040828 [Reducing the size of the Budget Committee to three members year-round] Supervisor Gonzalez
Motion amending Rule 5.1 of the Rules of Order of the Board of Supervisors of the City and County of San Francisco to reduce the size of the Budget Committee to three members year-round.

Question: Shall this Motion be ADOPTED?

22. 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.

23. 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 24 through 37

24. 040838 [Commending Instituto Laboral de la Raza] Supervisor Ammiano
Resolution commending Instituto Laboral de la Raza on the occasion of their Annual Labor Awards Dinner, and, because of their compassionate work for the protection of all workers, but especially the rights of immigrant workers and because of their commitment to building a strong and united San Francisco, declare Friday, June 11, 2004, as Workers Rights Day.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

25. 040839 [Accept-Expend State Grant - MTA, DPT] Supervisor Ammiano
Resolution authorizing the Municipal Transportation Agency, Department of Parking and Traffic to apply for, accept and expend a grant in the amount of $100,359 from the California Department of Transportation for an Environmental Justice Planning grant to produce a comprehensive community-based pedestrian and traffic safety plan for Valencia Street.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

26. 040840 [Commending Laura Ware] Supervisor Daly
Resolution commending Laura Ware for 14 years of service at Community Housing Partnership and declaring June 30, 2004 Laura Ware Day.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

27. 040841 [Urging United States Postal Service to recognize Single Room Occupancy as permanent housing] Supervisor Daly
Resolution urging the United States Postal Service to recognize Single Room Occupancy as permanent low-cost housing for many San Franciscans, and to afford residents the right to receive their mail with the same security and privacy as tenants of traditional apartments.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

28. 040842 [Honoring Andrew Goodman, Michael Schwerner, and James Chaney] Supervisor Dufty
Resolution honoring civil rights workers Andrew Goodman, Michael Schwerner, and James Chaney upon the fortieth anniversary of their death.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

29. 040843 [Bike Plan Update and the Transportation Authority] Supervisor Gonzalez
Resolution urging the Transportation Authority to facilitate the completion and adoption of the San Francisco Bike Plan Update by procuring consulting services necessary to develop required traffic and environmental analysis in a timely fashion and urging the Planning Department to provide to the Board of Supervisors and the Transportation Authority by July 1st, 2004 the specific criteria against which the environmental analysis will be evaluated.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

30. 040844 [Condemning Attacks on North Beach Art Galleries] Supervisors Peskin, Daly, Alioto-Pier, Ammiano, Gonzalez
Resolution condemning recent attacks on North Beach art galleries and urging the San Francisco Police Department and District Attorney's Office to cooperate and collaborate in ensuring the free speech rights of San Francisco's arts community.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

31. 040845 [Philippine Heritage Day] Supervisor Ma
Resolution recognizing Philippine Heritage Day in the City and County of San Francisco.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

32. 040848 [Urging the Food and Drug Administration (FDA) to systematically assess the safety of cosmetics and other personal care products] Supervisor Maxwell
Resolution urging the Food and Drug Administration (FDA) to systematically assess the safety of cosmetics and other personal care products.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

33. 040849 [Gift in Place to the Recreation and Park Department] Supervisor Maxwell
Resolution accepting and expending a gift in place valued at $250,000 from the Trust For Public Land to the Recreation and Park Department for India Basin Shoreline Park.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

34. 040850 [Urging peaceful resolution of grocery workers contract negotiations] Supervisor McGoldrick
Resolution urging parties to the upcoming Grocery Store union contract negotiations to bargain in good faith to reach a fair and equitable collective bargaining agreement.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

35. 040851 [Commending Craigslist] Supervisor McGoldrick
Resolution commending Craigslist for their success serving and building community among the residents of the City and County of San Francisco, and declaring October 10, 2004 as "Craigslist Day" in the City and County of San Francisco.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

36. 040852 [Declaring the first day of October of each year as the "Day of Humanitarians in the City and County of San Francisco"] Supervisor McGoldrick
Resolution declaring the first day of October of each year as the "Day of Humanitarians in the City and County of San Francisco".

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

37. 040853 [Proclaiming June 15, 2004 as Prescription Drug Awareness Day] Supervisors Sandoval, Peskin
Resolution proclaiming June 15, 2004 as Prescription Drug Awareness Day in the City and County of San Francisco.

6/8/2004, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

38. 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 June 1, 2004 through June 7, 2004, for reference by President to appropriate committee on June 15, 2004.

040712 [Settlement Of Lawsuit - Ray Mizyed and Gary Thompson]
Ordinance authorizing settlement of Ray Mizyed's claims in the lawsuit filed by Ray Mizyed and Gary Thompson against the City and County of San Francisco for $135,000; the lawsuit was filed on May 14, 2003, in the United States District Court for the Northern District of California, Case No. CV 03-02243 WDB, entitled Ray Mizyed, Gary Thompson v. City and County of San Francisco, Johnny Miller, Jesse Williams, Donald Sanders, Mercedes Hernandez, Gwendolyn Tucker. (City Attorney)

6/3/2004, RECEIVED AND ASSIGNED to Rules Committee.

040713 [Settlement of Lawsuit [Partial Settlement] - Ki-Man Song, et al.]
Ordinance authorizing partial settlement of the lawsuit filed by Ki-Man Song, Young Soo Lee, Leobardo Trejo, Suk In Yi, Chae Hun Yi, and James Nam against the City and County of San Francisco for $280,540; the lawsuit was filed on June 3, 2003 in United States District Court, Northern District of California, Case No. C03 2580; entitled Ki-Man Song, et al. v. Jin Construction & Electric Co., et al.; other material terms of said settlement are material terms. (City Attorney)

6/3/2004, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

Proposed resolutions received from June 1, 2004 through June 7, 2004, for reference by President to appropriate committee on June 15, 2004.

040714 [Grant of Federal Funds]
Resolution authorizing the Municipal Transportation Agency Board to Accept and Expend $41,002,071 of Federal Formula Section 5307 and Congestion Mitigation for Air Quality Capital Assistance for San Francisco Capital Projects and activities, excluding Administrative Overhead Costs. (Municipal Transportation Agency)

6/3/2004, RECEIVED AND ASSIGNED to Finance and Audits Committee.

040715 [Grant of Federal Funds]
Resolution authorizing the Municipal Transportation Agency Board to accept and expend $35,351,840 of Federal Formula Section 5309 Fixed Guideway capital assistance for construction of Muni's Metro East Light Rail Facility, excluding administrative overhead costs. (Municipal Transportation Agency)

6/3/2004, RECEIVED AND ASSIGNED to Land Use Committee.

040868 [Petitions and Communications]
Petitions and Communications received from June 1, 2004 through June 7, 2004, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on June 15, 2004.

From concerned citizens, submitting support for the Mayor's efforts to create greater budget efficiency by contracting out appropriate city services to private companies. 70 letters(1)

From Planning Department, submitting the revised and updated Housing Element of the General Plan for the City and County of San Francisco. Copy: Each Supervisor(2)

From Department of Administrative Services, submitting annual report on Sole Source Contracts.(3)

From RCN Corporation, submitting Chapter 11 Reorganization Proceedings for RCN Corporation.Copy: Department of Telecommunication and Information Services(4)

From Office of the Mayor, submitting notice of the number or reorganizations that will improve efficiency and provide budgetary savings. Copy: Budget Committee(5)

From John Kelly, commenting that museums are grossly over funded by the City and County of San Francisco. Copy: Each Supervisor(6)

From S.F. Mental Health Board, submitting resolution urging San Francisco be a role model and deliver a message to our nation about the importance of protecting our infrastructure and protecting all of our residents, even or especially, during a time of international crisis and danger.(7)

From S.F. Mental Health Board, submitting resolution responding to the crystal methamphetamine crisis in San Francisco.(8)

From Mayor, submitting the Mayor's proposed Budget for fiscal year 2004-2005. Copy: Each Supervisor(9)

From Controller, submitting response to data request for tax rate scenarios for the Real Property Transfer Tax and Commercial Occupancy Tax.(10)

From Tenant Associations Coalition of San Francisco, submitting copy of letter sent to the Department of Parking and Traffic regarding various traffic issues affecting the tenants who live in and or access the Geary and O'Farrell Street corridor.(11)

From the Department of Aging and Adult Services, regarding the budget reduction impact on the department's proposed layoffs of employees in public contact positions. (Reference No. 20040427-015) Copy: Supervisors Ma and Dufty(12)

From Office of the Treasurer, submitting correspondence that shows the investment activity (for fiscal year to date) of the portfolios under management. Copy: Each Supervisor(13)

From Duane Morris LLP, responding to issues raised by the Planning Department regarding appeal of the certification of the Transbay Terminal/Caltrain Extension/Redevelopment Project EIS/EIR. File 040616(14)

From Steefel, Levitt & Weiss, submitting supplemental to the May 10, 2004 letter appealing the Planning Commission's/Redevelopment Agency's certification of the Transbay Terminal/CalTrain Downtown Extension/Redevelopment Project's Final Environmental Impact Statement/Environmental Impact Report (collectively, "EIS/EIR").File 040616, Copy: Each Supervisor(15)

From Office of the District Attorney, submitting information regarding the Aggressive Solicitation Ban ("Prop. M"). (Reference No. 20040427-001) Copy: Supervisor Gonzalez(16)

From Office of the Controller, regarding request for a report listing all established city funds along with the requirements that guide the use of money and delineate the process to expend money from the fund. (Reference No. 20040518-003) Copy: Supervisor Maxwell(17)

From Juvenile Probation Department, regarding how the budget reduction will affect the department's ability to implement the Equal Access to Services Ordinance. (Reference No. 20040427-012) Copy: Supervisors Ma and Dufty(18)

From Planning Department, submitting certificate of determination of exemption/exclusion from environmental review for proposed legislation regarding that adult entertainment uses are no less than 1,000-feet from schools, child care facilities and playgrounds. File 040324, Copy: Each Supervisor(19)

From San Francisco Children and Families Commission, submitting Sole Source Contracts entered into fiscal year 2002-03.(20)

From Department of Human Services, regarding how the budget reduction will affect the department's ability to implement the Equal Access to Services Ordinance. (Reference No. 20040427-005) Copy: Supervisors Ma and Dufty(21)

From Fire Department, submitting notice that an annual inspection relating to fire and life safety was conducted at Municipal Courts/Holding Cells at 850 Bryant Street, 1st, 2nd and 3rd floors.(22)

From Department of Public Health, regarding the issue of compensation for the Technologists (also known as Diagnostic Imaging Technologists) employed by the City and County of San Francisco. (Reference No. 20040511-001) Copy: Supervisor Peskin(23)

From Department of Human Resources, submitting the Interim Annual Salary Ordinance for the fiscal year ending June 30, 2005. (24)

From Fire Department, regarding how the budget reduction will affect the department's ability to implement the Equal Access to Services Ordinance. (Reference No. 20040427-011) Copy: Supervisors Ma and Dufty(25)

From the Sunshine Ordinance Task Force, urging the Board to consider Sole Source Contract reporting requirements as a part of the budget process. Copy: Each supervisor(26)

From Sue Hestor, regarding receiving notices/calendars of Board of Supervisors Committee meetings.(27)

From Airport, submitting announcement that the San Francisco International Airport has been awarded the coveted Eagle Award by the International Air Transport Association in recognition of "outstanding performance in providing value for money, constant improvement and a high level of airline customer satisfaction."(28)

From Luce Forward, urging the Board to reject the appeals of the certification of the Final Environmental Impact Report and Final Environmental Impact Statements for the Transbay Terminal/Caltrain Downtown Extension, Redevelopment Projects. Copy: Each Supervisor(29)

From Department of Public Health, EEO and Cultural Competency, regarding how the budget reduction will affect the department's ability to implement the Equal Access to Services Ordinance. (Reference No. 20040427-007) Copy: Supervisors Ma and Dufty(30)

From Office of the Controller, submitting the Interim Annual Appropriation Ordinance for fiscal year 2004-05.(31)

From World Air Transport Summit, submitting announcement that the San Francisco International Airport has been awarded the coveted Eagle Award by the International Air Transport Association in recognition of "outstanding performance in providing value for money, constant improvement and a high level of airline customer satisfaction."(32)

From Bay Rail Alliance, submitting support for the Planning Commission's approval of the FEIS/FEIR for the Transbay Terminal, Caltrain Downtown Extension, Redevelopment Agency Project. File 040629, Copy: Each Supervisor(33)

From Peter Briscoe, submitting support for the appointment of Peter Warfield to the Library Citizens Advisory Committee. Copy: Rules Committee(34)

From Aging and Adult Services Commission, submitting resolution regarding funding for older adults and younger adults with disabilities.(35)

From concerned citizens, submitting support for granting conditional approval of a historic property contract for the Chronicle Building located at 690 Market Street.File 040329(36)

From concerned citizens, submitting opposition to displaying Guy Coldwell's paintings in City Hall.(37)

From concerned citizens, concerning the addition and revocation of specified yellow and bus zones in and around Geary and O'Farrell Street.(38)

From Department of Consumer Assurance, submitting the Agricultural Crop Report for 2003.(39)

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.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

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

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

Return to Full Board Agendas

	COMMUNICATIONS


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

	CONSENT AGENDA


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

	Recommendation of the Finance and Audits Committee


		Present: Supervisors Daly, Peskin, Ammiano

1.	040493	[Real Property Transfer Tax]	Supervisors Dufty, Ammiano, Daly
		Ordinance amending Article 12-C of the San Francisco Business and Tax Regulations Code (Real Property Transfer Tax Ordinance) to conform and clarify exemptions for transfers of real property between spouses and domestic partners, and to divide assets upon dissolution of marriage or domestic partnership.


		6/8/2004, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee


		Present: Supervisors Maxwell, Alioto-Pier, Gonzalez

2.	040494	[Settlement of Lawsuit - Novoa-Huf, et al.]
		Ordinance authorizing the settlement of lawsuit filed by Linda Novoa-Huf, Ayanda Lumpkin and LaKreisha Crawford against the San Francisco Department of Building Inspection, Michael Rodman, and McCoy's Patrol Services for $175,000; the lawsuit was filed on December 3, 2002, in San Francisco Superior Court, Case No. 415266, entitled Novoa-Huf, et al. v. Department of Building Inspection, et al. (City Attorney)


		6/8/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

3.	040572	[Settlement of Lawsuit - Doug Barkus]
		Ordinance authorizing settlement of the lawsuit filed by Doug Barkus against the City and County of San Francisco for $57,500; the lawsuit was filed on March 4, 2003 in San Francisco Superior Court, Case No. 502-539; entitled Doug Barkus v. City and County of San Francisco, et al. (City Attorney)


		6/8/2004, PASSED, ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

4.	040632	[Settlement of Lawsuit - Michael Stamper]
		Ordinance authorizing settlement of the lawsuit filed by Michael Stamper against the City and County of San Francisco for $157,500.00; the lawsuit was filed on October 31, 2003 in San Francisco Superior Court, Case No. 425-974, entitled Michael Lavon Stamper v. City and County of San Francisco, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?

5.	040634	[Settlement of Lawsuit]
		Ordinance ratifying the April 15, 2002 settlement of the lawsuit filed by City and County of San Francisco against Glometro Inc. and Nancy Ho Belli; the April 15, 2002 settlement agreement set forth various terms and required defendants to pay the amount of $140,000; the lawsuit was filed on April 5, 2001 in San Francisco Superior Court, Case No. 320-263; entitled City and County of San Francisco et al. v. Glometro Inc., Nancy Ho Belli, et al. (City Attorney)



		Question: Shall this Ordinance be PASSED ON FIRST READING?


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

	Recommendations of the Finance and Audits Committee
		Present: Supervisors Daly, Peskin, Ammiano

6.	040343	[Taxi Legislation]	Supervisors Daly, Ma, Gonzalez
		Ordinance amending the San Francisco Police Code by: amending Sections 1076 and 1081, to state a test, measured as 800 cumulative hours per year, for satisfying the driving requirement imposed on taxi and ramped taxi permit holders; amending Sections 1121 and 1148.1, to set requirements, including prior driving experience, for taxi and ramped taxi permit applicants; and, adding Sections 1186, 1187, and 1188, to establish administrative penalties and procedures for violations of the full-time driving requirement and for violations of the Taxi Commission's rules and regulations.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

7.	040582	[Modification #9 to Lease and Use Agreement No. L-82-0111 with American Airlines, Inc. at Terminal 3 of San Francisco International Airport]	Mayor
		Resolution approving and authorizing the execution of Modification # 9 to Lease and Use Agreement No. L-82-0111 with American Airlines, Inc., to reduce terminal space in Terminal 3 of San Francisco International Airport.



		Question: Shall this Resolution be ADOPTED?

8.	040636	[Amendment to Lease of Real Property]
		Resolution authorizing the amendment to lease of real property located at 598 Portola, San Francisco, California with Twin Peaks Petroleum, Inc., a California corporation doing business as Twin Peaks Auto Care (Tenant) successor in interest to Michael Gharib. (Real Estate Department)



		Question: Shall this Resolution be ADOPTED?

9.	040655	[Mortgage Credit Certificates]	Supervisor Alioto-Pier
		Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates.



		Question: Shall this Resolution be ADOPTED?

10.	040659	[Refunding San Francisco Courthouse Project Certificates of Participation (Series 1995)]	Mayor, Supervisor Hall
		Resolution approving the execution and delivery of refunding certificates of participation to refinance, in whole and/or in part, the $40,635,000 outstanding Certificates of Participation (San Francisco Courthouse Project) Series 1995; approving the form of a first supplement to property and facility lease by and between the City and County of San Francisco (the "City") and U.S. Bank Trust National Association (the "Trustee"); approving the form of a first supplement to project lease between the Trustee and the City; approving the form of a first supplement to trust agreement between the City and the Trustee; approving the form of an escrow agreement between the City and BNY Western Trust Company; approving the form of the official notice of sale and the notice of intention to sell for the refunding certificates of participation; directing the publication of the notice of intention to sell for the refunding certificates of participation; approving the form of the official statement in preliminary and final form; approving the form of the continuing disclosure certificate; authorizing the payment of cost of issuance; and ratifying previous actions taken in connection therewith.



		Question: Shall this Resolution be ADOPTED?

11.	040660	[Mortgage Revenue Bonds]	Supervisor Peskin
		Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the "Director") to submit an application and related documents to the California Debt Limit Allocation Committee ("CDLAC") to permit the issuance of qualified mortgage bonds in an aggregate principal amount not to exceed $25,000,000; authorizing and directing the Director to deposit with the Controller's Office an amount not to exceed $125,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to the deposit to the State of California if the City fails to issue the qualified mortgage bonds; and authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the application.



		Question: Shall this Resolution be ADOPTED?

12.	040680	[Lease of Property - Empress Hotel]	Supervisor Daly
		Resolution authorizing and approving the lease by and between the City and County of San Francisco, for the Department of Public Health, as Tenant, and Empress, LLC, as Landlord, for the Empress Hotel located at 144 Eddy Street, San Francisco, CA 94102.

		(Fiscal impact.)

		Question: Shall this Resolution be ADOPTED?

13.	040710	[Contracting Out City Services]
		Resolution concurring with the Controller's certification that assistance to certain victims of crime and education in community anti-street violence can be practically performed for the District Attorney's Victim Witness Assistance Program by a private contract at a lower cost than similar work services performed by City and County employees. (District Attorney)



		Question: Shall this Resolution be ADOPTED?

	Recommendation of the Rules Committee
		Present: Supervisors Maxwell, Gonzalez

14.	040539	[Requirements for Department of Building Inspection Permit Tracking System]	Supervisors Dufty, Ammiano, Gonzalez, Maxwell
		Ordinance amending the San Francisco Administrative Code by adding a new Chapter 78 to direct the Department of Building Inspection to improve its permit tracking system to allow for open and public review of the status, routing and location of pending permits.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	From the Rules Committee "Without Recommendation"
		Present: Supervisors Maxwell, Gonzalez

15.	031876	[Regulation of Permit Consultants commonly known as Permit Expediters]	Supervisors Daly, Gonzalez
		Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding Article V, sections 5.100 to 5.150 to impose registration and disclosure requirements on permit consultants.



		Question: Shall this Ordinance be PASSED ON FIRST READING?

	Board of Supervisors Sitting as a Committee of the Whole

16.	040681	[Hearing - Health Service Reductions]	Supervisor Sandoval
		Hearing to consider the Department of Public Health's budget eliminating or reducing medical services. (Bielenson Hearing) (See Public Notice posted outside the Clerk of the Board's Office, Room 244, City Hall)



		Action:___________________________

	SPECIAL ORDER 4:00 P.M.
		APPEAL PROCEDURES Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4pm: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2.

17.	040616	[Public Hearing - Appeal, FEIR for the proposed Transbay Terminal/Extension of Caltrain /Redevelopment Project at 425 Mission Street]
		Hearing of persons interested in or objecting to the Planning Commission certification of the Final Environmental Impact Report, Case No. 2000.048E, dated April 22, 2004, for the proposed Transbay Terminal/Extension of Caltrain/ Redevelopment Plan generally bounded by Mission, Main, Spear, Folsom, Essex, I-80, Second and Minna Streets; and the track alignment is under Townsend and Second Streets located at 425 Mission Street. (Appellants: Timothy A.Tosta on behalf of Myers Natoma Venture, LLC and Myers Development Company; Oliver L. Holmes; and Joseph J. Brecher representing 14 appellants).

		(Dates Filed: 5/10/04 and 5/12/04; companion measure to Files 040629, 040630, 040631.)
		6/8/2004, CONTINUED. Continued to June 15, 2004


		Action:___________________________




		Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Final Environmental Impact Report described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

18.	040629	[Affirming certification of the final environmental impact report for the Transbay Terminal]
		Motion affirming the Planning Commission certification of the final environmental impact report for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project. (Clerk of the Board)


		6/8/2004, CONTINUED. Continued to June 15, 2004


		Question: Shall this Motion be ADOPTED?

19.	040630	[Reversing certification of the final environmental impact report for the Transbay Terminal]
		Motion reversing the Planning Commission certification of the final environmental impact report for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project. (Clerk of the Board)


		6/8/2004, CONTINUED. Continued to June 15, 2004


		Question: Shall this Motion be ADOPTED?