City and County of San Francisco

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

seal of the city and county of sf

MEETING MINUTES
Tuesday, March 4, 2003
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting


Board of Supervisors


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


Members Present: Tom Ammiano, Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval.
Members Excused: None.
Members Absent: None.


ROLL CALL AND PLEDGE OF ALLEGIANCE
The meeting was called to order at 2:01p.m. On call of the roll, the following Supervisor was noted absent:

Supervisor Dufty - 1

Quorum present.

Supervisor Dufty noted present at 2:02 p.m.


APPROVAL OF MEETING MINUTES
Supervisor McGoldrick, seconded by Supervisor Newsom, moved to approve February 4, 2003 and February 11, 2003 Meeting Minutes. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

CONSENT AGENDA

Recommendations of the City Services Committee

030001 [Mental health services to HIV positive women and their adult family members] Supervisors Ma, Dufty
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 in the amount of $30,750 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.)

Enacted Number: 127-03
ADOPTED

030023 [Child Care Health Linkages] Supervisors Ma, Dufty
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $84,328.13 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to extend current child care health consultation services to family childcare providers, for the period of July 1, 2002 to June 30, 2003. (Public Health Department)

(No Public Benefit Recipient.)

Enacted Number: 126-03
ADOPTED

030032 [Healthy eating and childhood overweight prevention services] Supervisors Dufty, Ma, Maxwell
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $113,788 from the California Department of Health Services (CDHS) for healthy eating and childhood overweight prevention and to enter into an agreement for the use of these funds; for the period of August 1, 2002 to September 30, 2003. (Public Health Department)

(No Public Benefit Recipient.)

Supervisor Maxwell requested to be added as a co-sponsor.
Enacted Number: 125-03
ADOPTED

030035 [Grant - Family literacy program for women prisoners in the county jail] Supervisors Dufty, Ma, Maxwell
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $33,000 from the Zellerbach Family Foundation for providing a family literacy program for women prisoners in the county jail. (Sheriff)

(Public Benefit Recipient.)

Supervisor Maxwell requested to be added as a co-sponsor.
Enacted Number: 130-03
ADOPTED

030046 [Emergency Management Assistance Grants] Mayor, Supervisor Newsom
Rescinding Resolution No. 193-98; Authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco applications for federal and state financial assistance under the Emergency Management Performance Grant Program, the State Domestic Preparedness Grant Program, and Public Law 107-26. (Mayor)
Supervisor Newsom requested to be added as a co-sponsor.
Enacted Number: 131-03
ADOPTED

030160 [Accept-Expend Foundation Grant] Supervisors Dufty, Ma
Resolution authorizing the Department of Environment to accept and expend a grant in the amount of $15,000 from the San Francisco Foundation for providing technical assistance to schools that are starting and maintaining organics waste collection programs. (Environment)

(No Public Benefit Recipient.)

Enacted Number: 132-03
ADOPTED

030163 [Accept-Expend Grant] Supervisors Dufty, Ma
Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $95,033 through the California Department of Justice for a program entitled "Spousal Abuser Prosecution Program." (District Attorney)

(No Public Benefit Recipient.)

Enacted Number: 133-03
ADOPTED

030168 [Accept-Expend State Grant] Supervisors Dufty, Ma
Resolution authorizing the Department of the Environment to retroactively accept and expend a grant in the amount of $9,765.23 from the California Integrated Waste Management Board for assistance in the development of markets for recycled and re-manufactured products. (Environment)

(No Public Benefit Recipient.)

Enacted Number: 134-03
ADOPTED

030211 [Accept- Expend Federal Grant] Supervisors Dufty, Ma
Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $50,000 from the U.S. Department of Energy for the promotion of renewable energy through the Million Solar Roofs Grant Program. (Public Utilities Commission)

(No Public Benefit Recipient.)

Enacted Number: 136-03
ADOPTED

The foregoing items were acted upon by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendations of the Finance and Audits Committee

030093 [Funding for the sale of lease-revenue bonds for citywide equipment] Mayor
Ordinance appropriating $4,200,633 from the sale of lease-revenue bonds by the San Francisco Finance Corporation to fund purchase of equipment citywide for fiscal year 2002-03; placing $455,000 on reserve. (Mayor)

(Fiscal impact.)

Enacted Number: 32-03
FINALLY PASSED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin
Noes: 1 - Sandoval

030159 [Appropriate bond interest earnings for construction of the Asian Art Museum] Supervisors Sandoval, Newsom
Ordinance appropriating $2,251,170 in interest income from the 1994 Asian Art Museum Relocation Project Bond - Series 1996E and $1,491,120 in interest income from the 1994 Asian Art Museum Relocation Project Bond - Series 1999D for a total of $3,742,290 for construction costs to seismically upgrade and make various improvements and build outs to the Old Main Library building for the Asian Art Museum for fiscal year 2002-03. (Controller)

(Fiscal impact; No Public Benefit Recipient.)

Supervisor Sandoval requested to be added as sponsor.

Supervisor Newsom requested to be added as co-sponsor.

Enacted Number: 33-03
FINALLY PASSED by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030167 [Patient Rates]
Ordinance amending Section 128 of the San Francisco Health Code to revise selective patient rates for Mental Health services furnished by the Department of Public Health, retroactive to July 1, 2002, and to revise the passport application fee effective upon approval of this ordinance. (Public Health Department)

(No Public Benefit Recipient.)

Enacted Number: 34-03
FINALLY PASSED by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

NEW BUSINESS

Recommendations of the Budget Committee

030088 [MOU, Local 790, for staff nurses and per diem nurses] Supervisors Newsom, Ammiano, Dufty, Maxwell, Daly, Gonzalez
Ordinance adopting and implementing an amendment to the 2000-2003 Collective Bargaining Agreement between the City and County of San Francisco and the Service Employees International Union, Local 790, AFL-CIO for staff nurses and per diem nurses by extending the terms and conditions of the Collective Bargaining Agreement through June 30, 2005.

(Fiscal impact.)

Supervisors Ammiano, Dufty, Maxwell and Daly requested to be added as co-sponsors.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 1 - Hall

030089 [MOU, Local 856 for Supervising Nurses] Supervisors Newsom, Ammiano, Dufty, Maxwell, Daly, Gonzalez
Ordinance adopting and implementing an amendment to the 2001-2003 Collective Bargaining Agreement between the City and County of San Francisco and the Teamsters Local 856 for Supervising Nurses by extending the terms and conditions of the Collective Bargaining Agreement through June 30, 2005.

(Fiscal impact.)

Supervisors Ammiano, Dufty, Maxwell and Daly requested to be added as co-sponsors.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 1 - Hall

Recommendations of the City Services Committee

021857 [Amend Health Code - Lead Hazard Definition Amendment] Supervisors Ammiano, Newsom, Daly, Gonzalez, Sandoval
Ordinance amending Section 1601 of Article 26 of the San Francisco Health Code to change the title of the Article to emphasize the lead poisoning prevention aspect of the Article; amending the definitions for various lead hazards in Section 1603 of Article 26 of the San Francisco Health Code to conform with the newly promulgated lead levels from the United States Environmental Protection Agency ("USEPA") and the California Department of Health Services ("CDHS") for Dust-Lead Hazard; conforming the terms used in the Article to those used by USEPA and CDHS; amending the definitions for "Case-Managed Child," "Elevated Blood Lead Child" and "Lead-Poisoned Child" to conform with the new requirements from the California Department of Health Services regarding case-management of lead-poisoned children, and making conforming changes to Sections 1601, 1602, 1604, 1617, and 1626.
Supervisors Newsom and Daly requested to be added as co-sponsors.
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, McGoldrick, Newsom, Peskin, Sandoval
Absent: 1 - Maxwell

030205 [Mixed-use development project at 10th and Market Streets] Supervisors Daly, Dufty
Resolution endorsing the concept of a mixed-use development project at 10th and Market Streets including affordable and market rate housing and a new City office building, and directing City staff to identify the key terms and conditions of agreements effectuating such a project.
Enacted Number: 128-03
ADOPTED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin
Noes: 1 - Sandoval

030210 [Liquor License Transfer, 442 Jessie Street]
Resolution determining that the transfer of a Type 48 on-sale general public premises license from 177 Townsend Street to 442 Jessie Street (District 6), to Audrey Joseph for Night Gallery, will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions.
Enacted Number: 135-03
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendations of the Finance and Audits Committee

030245 [Funding for the program management services for PUC capital projects] Mayor
Ordinance appropriating $5,600,000 of fund balance from the Water Department, $560,000 of fund balance from Hetch Hetchy, and $840,000 of fund balance from Clean Water for a total of $7,000,000 for program management services for the Public Utilities Commission's capital projects for fiscal year 2002-03, placing $5,188,465 on Finance and Audits Committee Reserve. (Mayor)

(Fiscal impact; No Public Benefit Recipient.)

PASSED ON FIRST READING by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030219 [Amended Power Purchase Contract] Supervisors Peskin, Daly
Resolution approving an amended contract with Calpine Energy Services for the purchase of electricity through June 30, 2006.

(Fiscal impact.)

Supervisor Daly requested to be added as a co-sponsor.
Enacted Number: 111-03
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030266 [Continuation of Public Utilities Commission's contract for Program Management Services]
Resolution approving Public Utilities Commission's continuation of Agreement No. CS-524, Program Management Services, with the Water Infrastructure Partners (WIP) through April 30, 2003.

(Fiscal impact; No Public Benefit Recipient.)

Enacted Number: 138-03
ADOPTED by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendations of the Land Use Committee

030029 [Authorizing MTA to proceed with CM/GC project delivery method for Muni Metro East Project] Supervisors Ammiano, Maxwell, Dufty
Ordinance exempting the Municipal Transportation Agency (MTA) from subcontractor listing requirements of Administrative Code Chapter 6 for the proposed construction of the Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project; and authorizing the MTA to take all necessary steps to procure such work through a CM/GC contract duly awarded pursuant to this Ordinance. (Municipal Transportation Agency)

(No Public Benefit Recipient.)

Amended on page 3, line 25, by inserting after "subcontracts" "except that subcontracts under $100,000 may be approved by the Director of Transportation."
Supervisor Sandoval, seconded by Supervisor McGoldrick, moved that this Ordinance be AMENDED. The motion carried by the following vote:
Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Ma, McGoldrick, Sandoval
Noes: 4 - Dufty, Maxwell, Newsom, Peskin

Supervisor Daly, seconded by Supervisor Dufty, moved to rescind the previous vote.

Motion carried by the following vote:

Ayes: 7 - Ammiano, Daly, Dufty, Hall, Ma, Newsom, Peskin

Noes: 3 - Gonzalez, McGoldrick, Sandoval

Absent: 1- Maxwell


Supervisor Daly, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED. The motion carried by the following vote:
Ayes: 8 - Ammiano, Daly, Dufty, Hall, Ma, Maxwell, Newsom, Peskin
Noes: 3 - Gonzalez, McGoldrick, Sandoval

Supervisor Ma, seconded by Supervisor Daly, moved to rescind the previous vote.

Motion carried by the following vote:

Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin

Noes: 2 - McGoldrick, Sandoval

Supervisor Sandoval, seconded by Supervisor McGoldrick, moved to continue this matter to March 18, 2003.

Motion failed by the following vote:

Ayes: 3 - Gonzalez, McGoldrick, Sandoval

Noes: 8 - Ammiano, Daly, Dufty, Hall, Ma, Maxwell, Newsom, Peskin

Supervisor Daly, seconded by Supervisor Maxwell, moved to amend on

page 3, line 25 by deleting "or the Board's designee" and after "subcontracts by inserting "except that subcontracts under $2,000,000 may be approved by the Director of Transportation at the MTA; and further amended on page 5, line 12, by adding " Section 4. By November 1, 2003 the MTA shall submit to the Board of Supervisors a written report listing all contracts, and their amounts, awarded by MTA and the Director of Transportation under this ordinance, including the identification of DBE contracts and subcontractors and the amounts of their contracts."

PASSED ON FIRST READING AS AMENDED by the following vote:
Ayes: 8 - Ammiano, Daly, Dufty, Hall, Ma, Maxwell, Newsom, Peskin
Noes: 3 - Gonzalez, McGoldrick, Sandoval

030146 [Changing Official Width of Sidewalk] Supervisor Hall
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1558 to change the official sidewalk width at the southeast and southwest corners of Woodside and Idora Avenues; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk width changes. (Public Works Department)

(No Public Benefit Recipient.)

Supervisor Hall requested to be added as sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

021859 [Precautionary Principle] Supervisors Peskin, Gonzalez, Sandoval, Ammiano, Daly, McGoldrick, Ma, Maxwell, Dufty, Newsom
Resolution supporting the precautionary principle and requesting the Department of the Environment to prepare and submit legislation proposing the adoption of the precautionary principle as a general City policy and integrating a precautionary principle approach into the City's existing process for the purchase of commodities for the Board of Supervisors' consideration.
Supervisors Dufty and Newsom requested to be added as a co-sponsors.
Enacted Number: 129-03
ADOPTED by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 1 - Hall

SPECIAL ORDER 3:00 P.M.

030253 [Public Hearing - Appeal, Conditional Use - 1193 Oak Street]
Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 16504 dated January 9, 2003 approving, pursuant to Planning Code Sections 303 and 209.2(d), Conditional Use Application No. 2002.1007C to allow the establishment of a Bed and Breakfast Inn with five guest rooms within the existing second floor dwelling unit of a building in an RM-2 District and a 40-X Height and Bulk District, located at 1193 Oak Street, southeast corner at Broderick Street; Lot 023, in Assessor's Block 1218.

(Appeal filed February 10, 2003; Categorically exempt from environmental process pursuant to the California Environmental Quality Act (CEQA); companion measure to Files 030254; 030255; 030256; District 5.)

Appellants: George DeVries, John Hill, Female speaker for Judith Kaminsky

Scott Carson; support of appellant

Gerald Green, Director of Planning, reviewed with the Board the Planning Commission's recommendation.

Board Members reviewed and discussed issues with the Department of Planning representatives.

Sponsor: Sarah Friesema

A rebuttal period was allowed.

Scott Carson; support of appellant

The President declared the public hearing closed.

HEARD AT PUBLIC HEARING.

Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

From the Clerk

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

030254 [Appeal, Conditional Use - 1193 Oak Street]
Motion approving decision of the Planning Commission by its Motion No. 16504, approving Conditional Use Application No. 2002.1007C, on property located at 1193 Oak Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to March 25, 2003
Supervisor Dufty, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030255 [Appeal, Conditional Use - 1193 Oak Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16504, approving Conditional Use Application No. 2002.1007C, on property located at 1193 Oak Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to March 25, 2003
Supervisor Dufty, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030256 [Findings - 1193 Oak Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2002.1007C, on property located 1193 Oak Street, for action by the Board at its next meeting. (Clerk of the Board)
Continued to March 25, 2003
Supervisor Dufty, seconded by Supervisor Newsom, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

COMMITTEE REPORTS

From the Land Use Committee

030097 [Designate the 1338 Filbert Street Cottages as a Landmark] Supervisors Peskin, Daly, Ammiano, Gonzalez, Sandoval, McGoldrick, Hall, Maxwell
Ordinance amending Appendix A of Planning Code Article 10 to designate the 1338 Filbert Street Cottages as Landmark No. 232.
Supervisor Newsom, seconded by Supervisor Hall, moved to continue this matter.

Failed adoption by the following vote:

Ayes: 5 - Dufty, Gonzalez, Hall, Newsom, Sandoval

Noes: 6 - Ammiano, Daly, Ma, Maxwell, McGoldrick, Peskin

PASSED ON FIRST READING by the following vote:
Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 1 - Newsom

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT
Abdulla Megaheed; SF Police harassment issues

Male Speaker; issues regarding public comment and Board's actions

Tom McDonagh: general issues

Bert Cohen; condo conversion legislation

Female speaker; general issues

Male speaker; Final Map Alemany Blvd.

David Parker; Sunshine Ordinance Task Force; a Sunshine Complaint raised by Michael Stoll

Male Speaker; SFPD issues


APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST
These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

030313 [Legislative Analyst Request] Supervisors Ammiano, Ma, Maxwell, Dufty, Newsom
Motion requesting the Office of the Legislative Analyst, in consultation with the San Francisco Unified School District, research and report on existing SFUSD teacher salaries compared to California and national averages, adjusted to reflect the cost of living in the Bay Area, and on teacher housing initiatives, including housing subsidies, employed by other jurisdictions.
Supervisors Dufty and Newsom requested to be added as co-sponsors.
APPROVED by the following vote:
Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation

City as Defendant

030320 [Closed Session - Anticipated Litigation As Defendant]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation (City anticipated to be a defendant) which may occur regarding a requested disclosure of unredacted telephone records of members of the Board of Supervisors by Michael Stoll. At a February 25, 2003, meeting of the Sunshine Ordinance Task Force, Mr. Stoll threatened litigation against the Board of Supervisors if he did not receive the requested telephone records. The City Attorney advises that, based upon Mr. Stoll's statement, there is a significant exposure to litigation against the City.

Government Code Section 54956.9(b) and San Francisco Administrative Code Section 67.10(d)(2) would permit this closed session. (City Attorney)
Supervisor Dufty, seconded by Supervisor Daly, moved to reconvene in Closed Session. The motion carried by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Sandoval
Absent: 4 - Ammiano, McGoldrick, Newsom, Peskin

Recess

The Board recessed at the hour of 7:05 p.m. to convene in closed session pursuant to the above motion.

Reconvening of the Board

The Board at the hour of 7:25 p.m. reconvened.

Calling the Roll

On call of the roll, the following Supervisors were noted present:

SupervisorsDaly, Dufty, Gonzalez, Hall, Ma, Maxwell,

McGoldrick, Sandoval - 8

Quorum present.

Supervisor Ammiano noted absent at 7:04 p.m.

Supervisor McGoldrick noted absent at 7:04 p.m.

Supervisor Newsom noted absent at 7:04 p.m.

Supervisor Peskin noted absent at 7:04 p.m.

Supervisor McGoldrick noted present at 7:15 p.m.

Report on Closed Session

Deputy City Attorney Ted Lakey reported that the Board of Supervisors has met in closed session with the City Attorney, under the provisions of Government Code Section 54956.9 (a) for the purpose of conferring with, or receiving advice from, the City Attorney regarding the above existing litigation.

Persons in attendance:

Supervisors Daly, Dufty, Gonzalez, Hall, Ma, Maxwell,McGoldrick, Sandoval

Dorji Roberts, Deputy City Attorney

Ted Lakey, Deputy City Attorney;

Gloria L. Young, Clerk of the Board;

Kay Gulbengay, Deputy Clerk

Meeting was informational only and no action was taken.

Heard in Closed Session.


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

[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above.
Supervisor Maxwell, seconded by Supervisor Dufty, moved not to disclose it's Closed Session deliberations. The motion carried by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Sandoval
Absent: 3 - Ammiano, Newsom, Peskin

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.

030316 [Accept- Expend State Grant - Port Commission] Supervisors Maxwell, Newsom
Resolution authorizing the San Francisco Port Commission to accept and expend a grant in the amount of $143,200 from the State of California San Francisco Bay Natural Resources Protection Trust for the Pier 94 Wetlands Enhancement Project.

(No Public Benefit Recipient.)

Supervisor Newsom requested to be added as a co-sponsor.
Enacted Number: 139-03
ADOPTED

030317 [Urge Governor Davis to sign AB4X, Stage III Child Care Funding] Supervisors Ma, Newsom, Ammiano, Dufty, Peskin, Daly
Resolution urging Governor Gray Davis to support California's young children, working parents, and small and large businesses by ensuring continued funding for Stage III Child Care by signing AB4X.
Supervisors Peskin, Newsom and Daly requested to be added as co-sponsors.
Enacted Number: 140-03
ADOPTED

030318 [Commend International Women's Day] Supervisors Ma, Peskin, Newsom, Daly
Resolution commending International Women's Day.
Supervisors Peskin, Newsom and Daly requested to be added as co-sponsors.
Enacted Number: 141-03
ADOPTED

030319 [Support SB 50 and AB 83] Supervisor McGoldrick
Resolution Supporting SB 50 and AB 83 Regulating Bottled Water within California.
Enacted Number: 142-03
ADOPTED

030329 [Accept-Expend State Grant - Recreation and Park Department] Supervisors Maxwell, Newsom
Resolution authorizing the Recreation and Park Department to accept and expend a grant in the total amount of $200,000 from the California Department of Parks and Recreation under the Fiscal Year 2000 Park Bond Act: Regional Youth Soccer and Baseball Facilities for the renovation of the Soccer Field at Youngblood Coleman Recreation Center.

(No Public Benefit Recipient.)

Enacted Number: 143-03
ADOPTED by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Sandoval
Absent: 3 - Ammiano, Newsom, Peskin

030330 [Zero Emission Vehicles] Supervisor Daly
Resolution urging the California Air Resources Board to (1) maintain the state's zero-emission vehicle (ZEV) production requirement, (2) prevent a near term "ZEV blackout" where no ZEVs are actually required, and (3) provide stronger incentives for high quality hybrid EVs that will provide real "pure zero emission" miles and accelerate the introduction of ZEVs.
Enacted Number: 144-03
ADOPTED

030331 [Woodburning] Supervisor Daly
Resolution urging the residents of the City and County of San Francisco to eliminate or reduce wood burning in residential fireplaces and wood burning stoves as a way to reduce toxic air pollution during the winter months.
Enacted Number: 145-03
ADOPTED

030332 [Support Assembly Bill 45] Supervisor Daly
Resolution supporting Assembly Bill 45, regulating the use of mobile telephones while operating a motor vehicle.
Enacted Number: 146-03
ADOPTED

030299 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
Enacted Number: M03-39
APPROVED

The foregoing items were acted upon by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Sandoval
Absent: 3 - Ammiano, Newsom, Peskin

Supervisor Ma Excused From Voting
Supervisor Dufty, seconded by Supervisor McGoldrick, moved to excuse Supervisor Ma from voting on this matter. The motion carried by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Sandoval
Absent: 3 - Ammiano, Newsom, Peskin
Excused: 1 - Ma

Severed From Adoption Without Committee Reference
Supervisor McGoldrick requested that this matter be severed so that it could be considered separately.

030215 [Appointment]
Resolution appointing Supervisor Fiona Ma, term ending June 30, 2003 to the Association of Bay Area Governments Executive Board.

Supervisor Fiona Ma, succeeding Supervisor Chris Daly, resigned, seat 1, must be a member of the Board of Supervisors, for the unexpired portion of a 2-year term ending June 30, 2003.

Enacted Number: 137-03
ADOPTED by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Maxwell, McGoldrick, Sandoval
Absent: 3 - Ammiano, Newsom, Peskin
Excused: 1 - Ma

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

030347 [Reauthorizing the Minority/Women/Local Business Utilization Ordinance] Supervisors Ma, Newsom
Draft ordinance amending the San Francisco Administrative Code by amending Chapter 12D.A. thereof (1) to extend the Minority/Women/Local Business Utilization Ordinance to June 30, 2008 in order to remedy identified discrimination against certain Prime MBE/WBE Contractors in City Contracting, to continue the City's policy of protecting Prime LBE Contractors from the economic competitive disadvantage of doing business in San Francisco, and to continue to require City contracting departments to implement MBE/WBE programs mandating Prime Contractors to use good faith efforts to use MBE/WBEs when there are subcontracting opportunities in City Contracts; (2) to repeal Sections 12D.A.6(B)(9), 12D.A.8(3) and 12D.A.9(F) to eliminate the contract set aside program; (3) to revise section 12D.A.17 to include prime general services contracts in the subcontracting program; and (4) to make various technical revisions to the Minority/Women/Local Business Utilization Ordinance to conform it with existing City ordinances and administrative practices.
3/4/03, ASSIGNED UNDER 30 DAY RULE to Finance and Audits Committee, expires on 4/3/2003.

030350 [Hayes-Gough Neighborhood Commercial District] Supervisor Gonzalez
Ordinance amending Section 720.40 of the Planning Code to prohibit retail coffee stores in the Hayes-Gough Neighborhood Commercial District; amending Section 720.1 of the Planning Code by adding a new table to describe this prohibition; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
3/4/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 4/3/2003.

030351 [Planning Code Section 312 - Retail coffee store or pharmaceutical and personal toiletries use] Supervisor Gonzalez
Ordinance amending Planning Code Section 312 to require that a change in use to a retail coffee store, as defined in Planning Code Section 790.102(n), or to a pharmaceutical and personal toiletries use, as defined in Planning Code Section 790.102(c), or the addition of a prescription drug service where none previously existed within 3 years of an application for an addition, be subject to the notification and review procedures of Section 312, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
3/4/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 4/3/2003.

030352 [Parking Meter Rates] Mayor, Supervisor Gonzalez
Ordinance approving parking meter rates. (Mayor)

(No Public Benefit Recipient.)

3/4/03, RECEIVED AND ASSIGNED to Budget Committee.

030353 [Building Code Section 106.3.3 - Curb Cuts and Street Tree Removal] Supervisor Gonzalez
Ordinance amending the San Francisco Building Code by amending Section 106.3.3 to require proposed curb cuts to be shown on plans and specifications and by adding Section 106.4.1.3 to require curb cut or street tree removal permits required for a project to be approved and issued by the Department of Public Works prior to the issuance of a building permit.
3/4/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 4/3/2003.

030354 [Public Education Special Fund] Supervisors Daly, Ma
Ordinance adding Administrative Code Section 10.100-367 to establish the "Public Education Special Fund."
3/4/03, RECEIVED AND ASSIGNED to Budget Committee.

030326 [Prohibiting the use of mobile telephones at public performance] Supervisor Daly
Ordinance amending Police Code by adding a new Article 50 to prohibit the use of mobile telephones in places of public performance.

(4/3/03 in Board: Supervisor Daly submitted a substitute ordinance, approved as to form, bearing same title.)

2/25/03, RECEIVED AND ASSIGNED to City Services Committee.
3/4/03, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance, approved as to form, bearing same title.
3/4/03, ASSIGNED to City Services Committee.

Resolutions

030348 [2003 Mortgage Revenue Draw Down Bonds] Mayor, Supervisors Peskin, Hall
Resolution authorizing the issuance, sale and delivery of City and County of San Francisco Single Family Mortgage Revenue Bonds, Draw Down Series 2003-1, in an aggregate principal amount not to exceed $49,000,000; authorizing the execution and delivery of a Trust Indenture, and a Bond Purchase Contract; Authorizing the Mayor, in consultation with the City Attorney, to make any necessary or advisable modifications, changes, or additions to any of the bond documents and authorizing the execution and delivery of and approving other related documents and actions in connection therewith. (Mayor)

(No Public Benefit Recipient.)

3/4/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030349 [2003 Mortgage Revenue Single Family Housing Bonds] Mayor, Supervisors Peskin, Dufty, Hall
Resolution authorizing the issuance, sale and delivery of City and County of San Francisco Single Family Mortgage Revenue Bonds (GNMA and Fannie Mae Mortgage-Backed Securities Program) Series 2003-A in an aggregate principal amount not to exceed $17,635,000; authorizing the execution and delivery of a Trust Indenture, an Origination, Servicing and Administration Agreement, a 2003 Home Mortgage Assistance Trust Agreement, a Bond Purchase Contract, and an Official Statement; Authorizing the Mayor, in consultation with the City Attorney, to make any necessary or advisable modifications, changes, or additions to any of the bond documents and authorizing the execution and delivery of and approving other related documents and actions in connection therewith. (Mayor)

(Public Benefit Recipient.)

3/4/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030355 [Induction of Lefty O'Doul to the Baseball Hall of Fame] Supervisors Hall, Peskin, McGoldrick
Resolution urging the Veterans Committee of the Baseball Hall of Fame to elect Lefty O'Doul to the Baseball Hall of Fame.
3/4/03, RECEIVED AND ASSIGNED to Rules Committee.

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.
3/4/03, RECEIVED AND ASSIGNED to Land Use Committee.

030360 [Honoring National Order of the Ancient Order of Hibernians] Supervisors Hall, McGoldrick, Dufty, Sandoval, Newsom
Resolution honoring The National Order of the Ancient Order of Hibernians for launching the Hibernian Hunger Project.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030361 [Armenian Genocide Commemoration Day] Supervisors Peskin, Ammiano, Gonzalez, Maxwell, Dufty, Daly, Hall, McGoldrick, Ma, Sandoval, Newsom
Resolution declaring April 24, 2003 Armenian Genocide Commemoration Day in San Francisco.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030362 [Gift Acceptance - "Spaceship Earth" Sculpture] Supervisors Peskin, Gonzalez, Daly, Sandoval
Resolution recommending the acceptance of a gift, "Spaceship Earth" as a sculptural monument to David R. Brower, first Executive Director of the Sierra Club.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030363 [Commend SF Police Department] Supervisors Newsom, Dufty
Resolution commending the San Francisco Police Department for having been selected to receive a grant award from the U.S. Department of Justice to purchase state-of-the-art crime mapping technology through the federal "Community Oriented Policing Services-Making Officer Redeployment Effective" program; and urging the San Francisco Police Department to continue to adopt innovative technology and management strategies; and to adopt an accountability system as the department begins to implement the technology component of CompStat.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030364 [Commend David R. Brower] Supervisors Newsom, Gonzalez
Resolution supporting the placement of a sculpture in the City of San Francisco to establish a suitable and permanent memorial in commemoration of the late David R. Brower.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030365 [Funding Levels for Department of Aging and Adult Services] Supervisor Newsom
Resolution urging the Mayor to maintain funding levels for services for older adults and adults with disabilities served by and through the Department of Aging and Adult Services.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030366 [Urge Congress to Pass Filipino Veterans Equity Act] Supervisors Sandoval, Ammiano, Daly, Gonzalez, McGoldrick, Ma, Dufty, Peskin, Maxwell, Hall, Newsom
Resolution urging 108th U.S. Congress to pass HR 677: Filipino Veterans Equity Act of 2003.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030367 [Recognize the 3rd Annual Cesar E. Chavez Holiday Parade] Supervisors Sandoval, Dufty, McGoldrick
Resolution recognizing the 3rd Annual Cesar Chavez Holiday Parade and Festival on March 30, 2003.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030368 [Commend South of Market Employment Center] Supervisors Sandoval, Dufty
Resolution commending the South of Market Employment Center/Mission Hiring Hall for organizing a successful Resource Job Fair for displaced airport security screeners from San Francisco International Airport.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030369 [Support Establishment of New Mission Campus] Supervisors Sandoval, Ammiano, Ma, Dufty, Peskin, Hall, McGoldrick, Gonzalez, Maxwell, Newsom
Resolution urging the SFUSD School Board to support the establishment of the City College of San Francisco New Mission Campus to be located at 106 and 110 Bartlett Street.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030370 [Exploitation of Youth Task Force Final Report] Supervisors Ammiano, Dufty, Hall, Ma, Newsom
Resolution accepting the recommendations from the Task Force to End the Exploitation of Youth presented at a hearing scheduled February 27, 2003 in the City Services Committee.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearings

030357 [Management Letters, City audit for Fiscal Year 2001-02.] Supervisor Peskin
Hearing to consider the Management Letters related to the City audit for Fiscal Year 2001-02 as presented by the City's external auditors. This hearing is required under Charter Section 9.117.
3/4/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for the March 26, 2003 meeting.

030358 [San Jose's Blight Ordinance] Supervisor Hall
Hearing to consider the Legislative Analyst's Report on San Jose's Blight Ordinance.
3/4/03, RECEIVED AND ASSIGNED to Rules Committee.

020928 [Budget Analyst's Performance Audit on City Planning] Supervisor McGoldrick
Hearing to receive and discuss the results of Budget Analyst's performance audit of the San Francisco Department of City Planning.
5/28/02, RECEIVED AND ASSIGNED to Rules and Audits Committee.
6/3/02, TRANSFERRED to Transportation and Commerce Committee.
12/31/02, FILED PURSUANT TO RULE 5.37.
3/4/03, REACTIVATED PURSUANT TO RULE 5.24. Supervisor McGoldrick requested this matter be reactivated.
3/4/03, ASSIGNED to Land Use Committee.

Motions

030321 [Final Map for a 22 Unit Residential Condominium Project] Supervisor Ammiano
Motion approving Final Map of 400 Alemany Boulevard, a Residential Condominium Project, being a subdivision of Lot 18, Assessor's Block No. 5843, and adopting findings pursuant to Planning Code Section 101.1.

(No Public Benefit Recipient; DPW Order No. 173,982; Disctrict 9.)

3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030359 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
3/4/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES
 

030249 [Settlement of Lawsuit - Paul T. Hare]
Ordinance authorizing settlement of the lawsuit filed by Paul T. Hare against the City and County of San Francisco for $125,000.00; the lawsuit was filed on January 28, 2002 in San Francisco Superior Court, Case No. 403-930; entitled Paul T. Hare v. City and County of San Francisco. (City Attorney)

(Public Benefit Recipient.)

2/19/03, RECEIVED AND ASSIGNED to Rules Committee.

030250 [Increase Lobbyist Fees and Late Filing Fines]
Ordinance amending the San Francisco Lobbyist Ordinance, Article II, Chapter 1, sections 2.110 and 2.145 of the San Francisco Campaign and Governmental Conduct Code, to increase registration fees from $300.00 to $500.00; client fees from $50.00 to $75.00; and late filing fines from $25.00 per day to $50.00 per day. (Ethics Commission)

(No Public Benefit Recipient.)

2/19/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030251 [Settlement Prior to Binding Arbitration]
Ordinance authorizing settlement of a dispute prior to binding arbitration under Section 23 of the Long-Term Power Sales Agreement with Turlock Irrigation District over San Francisco's right to restrict Turlock's ability to schedule monthly capacity factors; Turlock initiated the Section 23 dispute procedure by written notice dated October 10, 2002. (City Attorney)

(No Public Benefit Recipient.)

2/21/03, RECEIVED AND ASSIGNED to Rules Committee.

030273 [Administrative Code Revision: Health Service System]
Ordinance amending Chapter 16, Article XV, of Part 1 of the San Francisco Municipal (Administrative) Code by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. (Human Resources Department)

(Fiscal impact; No Public Benefit Recipient.)

2/24/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.
2/27/03, TRANSFERRED to Budget Committee.

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

(No Public Benefit Recipient.)

2/24/03, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED RESOLUTIONS

030248 [Contract Modification for URS Corporation]
Resolution approving Modification No. 5A to Contract No. 4240.1 with URS Corporation for preparation of environmental impact studies for the proposed runway reconfiguration project for a total contract amount not to exceed $19,741,558. (Airport Commission)

(Fiscal impact; No Public Benefit Recipient.)

2/20/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030287 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "S" (TWO-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
20th Street, both sides, between Church and Sanchez Streets (3900 block).

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Fell Street, south side, from 167.5 feet to 171 feet west of Divisadero Street (in front of 1217 - 1221 Fell Street, accommodates one unmetered motorcycle parking stall) (Parking and Traffic Department)

(2/20/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2579; No Public Benefit Recipient.)

2/24/03, RECEIVED AND ASSIGNED to Land Use Committee.

030288 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
24th and Tennessee Streets, stopping 24th Street at Tennessee Street;
18th and Danvers Streets, stopping Danvers Street, making this intersection an all-way STOP;
Gough Street at Francisco Street, stopping at Gough Street, making this intersection an all-way STOP;
Octavia Street at Francisco Street, stopping Octavia Street, making this intersection an all-way STOP; and
Alhambra, Francisco and Scott Streets, stopping Scott Street, making this intersection an all-way STOP. (Parking and Traffic Department)

(2/20/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2579; No Public Benefit Recipient.)

2/24/03, RECEIVED AND ASSIGNED to Land Use Committee.

030289 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

NO TURN ON RED, 6 AM to 8 PM, DAILY - ESTABLISH
Drumm Street, northbound and southbound, at Sacramento Street. (Parking and Traffic Department)

(2/20/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2579; No Public Benefit Recipient.)

2/24/03, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED MOTIONS

030281 [Appointment, Entertainment Commission]
Motion approving the Mayor's nomination for appointment of Michael Brown to the Entertainment Commission, term to be determined. (Mayor)

Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date -2/4/03.

2/4/03, RECEIVED AND ASSIGNED to Rules Committee.

030282 [Appointment, Entertainment Commission]
Motion rejecting the Mayor's nomination for appointment of Michael Brown to the Entertainment Commission for the term to be determined. (Mayor)

Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date -2/4/03

2/4/03, RECEIVED AND ASSIGNED to Rules Committee.

030283 [Appointment, Entertainment Commission]
Motion approving the Mayor's nomination for appointment of Bowman Leong to the Entertainment Commission, term to be determined. (Mayor)

Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date -2/4/03

2/4/03, RECEIVED AND ASSIGNED to Rules Committee.

030284 [Appointment, Entertainment Commission]
Motion rejecting the Mayor's nomination for appointment of Bowman Leong to the Entertainment Commission for the term to be determined. (Mayor)

Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date -2/4/03

2/4/03, RECEIVED AND ASSIGNED to Rules Committee.

030285 [Appointment, Entertainment Commission]
Motion approving the Mayor's nomination for appointment of Jordan Schlain to the Entertainment Commission, term to be determined. (Mayor)

Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date -2/4/03

2/4/03, RECEIVED AND ASSIGNED to Rules Committee.

030286 [Appointment, Entertainment Commission]
Motion rejecting the Mayor's nomination for appointment of Jordan Schlain to the Entertainment Commission for the term to be determined. (Mayor)

Section 4.117 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date -2/4/03

2/4/03, RECEIVED AND ASSIGNED to Rules Committee.

Requests Granted
From: Supervisor Daly

To: Director, Aging and Adult Services

Requesting/Inquiring: To comment on the Commission on Aging's programs at the Cadillac Hotel, and the current uses of funding appropriated for this purpose.

From: Supervisor Sandoval

To: Fire Department

Requesting/Inquiring: Inquiring about what steps have been taken to investigate whether schools in the San Francisco Unified School District are in compliance with SFFD codes regarding fire exits.

Also requesting the Clerk of the Board send a carbon copy of this letter inquiry and its response to:

San Francisco Unified School District

555 Franklin Street

San Francisco, CA 94102

Mary Harris

President

District 11 Council

127 Granada Avenue

San Francisco, CA 94112

From: Supervisor Sandoval

To: Department of Parking and Traffic

Requesting/Inquiring: Inquiring about the feasibility of establishing a passenger pick up zone during school hours on Alemany Blvd at Santa Rosa Avenue for student pick up at Corpus Christi School and placement of lower speed limit signs for school zones on the same block of the school on Alemany Blvd.

Also requesting the Clerk send a carbon copy of this letter of inquiry and its response to:

Corpus Christi School

Attn: Sister Anna

62 Santa Rosa

San Francisco, CA 94112

Emmanuel Surio

425 Avalon Avenue

San Francisco, CA 94112

From: Supervisor Sandoval

To: Department of Parking and Traffic

Requesting/Inquiring: Inquiring about the feasibility of establishing perpendicular parking on Madrid Street between Peru and Avalon.

Also requesting the Clerk send a carbon copy of this letter of inquiry and its response to:

Iris Ramirez

169 Madrid Street

San Francisco, CA 94112

From: Supervisor Sandoval

To: Department of Public Health

Requesting/Inquiring: Inquiring


In Memoriams
Margaret Granucci (Supervisor Hall)

Victor John Ramus (Supervisor Newsom)

Pui Chun Ng (Supervisor Peskin)


ADJOURNMENT
There being no further business, the Board at the hour of 7:29 p.m. adjourned.

Gloria L. Young, Clerk of the Board

N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

Approved by the Board of Supervisors on April 1, 2003.

I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of said Board on the date stated and was approved as recited.

Meeting Procedures
The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA„OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

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

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

Know Your Rights Under the Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-5784 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