Full Board Agendas

City and County of San Francisco

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

MEETING MINUTES
Tuesday, April 22, 2003
2:00 PM
Legislative Chamber - Second Floor

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 2:04 p.m. On the call of the roll, the following Supervisor was noted absent. Supervisor Ammiano - 1 Quorum present. Supervisor Ammiano was noted present at 2:05 p.m.

Privilege of the Floor



	Supervisor Sandoval, seconded by Supervisor Maxwell, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant the privilege of the floor to the following guests. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval


	Supervisor Sandoval introduced, welcomed and presented a Certificate of Honor to Mr. Will Reno, Community Leader, OMI.

CONSENT AGENDA

Recommendations of the City Services Committee

030396	[Accept/Expend Federal Funding - McKinney 2002 Continuum of Care Homeless Assistance Programs]		Supervisors Dufty, Daly, Newsom
	Resolution retroactively authorizing the Department of Human Services to accept and expend a grant in the amount of $1,916,317 from the U.S. Department of Housing and Urban Development for the McKinney Continuum of Care Homeless Assistance Programs. (Human Services Department)
	Supervisors Daly and Newsom requested to be added as co-sponsors.
	Enacted Number:	263-03
	ADOPTED

030397	[Accept-Expend State Grant - Supportive Housing Initiative Act]		Supervisors Newsom, Dufty, Daly
	Resolution authorizing the Department of Human Services to retroactively accept and expend a grant in the amount of $708,761 from the California Department Of Mental Health Supportive Housing Initiative Act for supportive housing targeting adults with disabilities. (Human Services Department) (No Public Benefit Recipient.)
	Supervisor Daly requested to be added as a co-sponsor.
	Enacted Number:	264-03
	ADOPTED

030471	[AIDS surveillance training materials for international sites]		Supervisor Dufty
	Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $93,523 with The Regents of the University of California San Francisco (UCSF), the primary contractor to participate in developing materials, field testing, and providing technical assistance in AIDS surveillance training at various international sites, for the period of January 1, 2003, to September 29, 2003. (Public Health Department) (No Public Benefit Recipient.)

	Enacted Number:	267-03
	ADOPTED

030501	[Accept-Expend Federal Grant - Mayor's Office of Criminal Justice]		Supervisors Dufty, Ma, Newsom
	Resolution authorizing the Mayor's Office of Criminal Justice to retroactively accept and expend supplemental grant funding in the amount of $10,000 for Federal FY 1999 and a grant amount of $14,655 for Federal FY 2002 from the U.S. Department of Justice under the Bulletproof Vest Partnership Act to equip law enforcement officers in the Sheriff's Department, Police Department and the Office of the District Attorney with armor vests. (Mayor) (No Public Benefit Recipient.)
	Supervisor Newsom requested to be added as a co-sponsor.
	Enacted Number:	268-03
	ADOPTED

Recommendations of the Finance and Audits Committee

020592	[Modifying collection procedures for the Transit Impact, Housing, Child Care, Park and Inclusionary Housing Fees by transferring responsibility for collection and enforcement to the		Supervisors Peskin, McGoldrick, Daly, Maxwell, Dufty
	Ordinance (1) amending the Planning Code by amending Sections 139, 313.1, 313.4, 313.5, 313.6, 313.7, 313.8, 313.9, 313.10, 314.1, 314.4, 314.5, 315.3 and 315.6 to transfer collection authority for in lieu fees collected for the Park Fund, the Jobs-Housing Linkage Program, Child Care Requirement and the Inclusionary Affordable Housing Program from the Controller to the Treasurer and conform collection procedures for these fees, and require that funds from the Child Care Capital Fund and the Downtown Park Fund be used to fund nexus studies for the Downtown Park Fee and the Child Care Fee; and (2) amending the Administrative Code by amending Sections 38.1, 38.3, 38.4, 38.5, 38.6, 38.8, 38.8.5, 38.9, 38.10, 38.11 and 38.45 to transfer collection of the Transit Impact Development Fee from the General Manager of the Public Utilities Commission to the Treasurer and conform collection and enforcement procedures for the fee.

	Enacted Number:	76-03
	FINALLY PASSED

030480	[Settlement of Lawsuit - Freeman Decorating Co. and TFC Management, Inc.]		Supervisor Gonzalez
	Ordinance authorizing settlement of the lawsuit filed by Freeman Decorating Co. and TFC Management, Inc., against the City and County of San Francisco for $37,500.00; the lawsuit was filed on April 27, 2001 in San Francisco Superior Court, Case No. 320-869; entitled Freeman Decorating Co., et al., v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year. (Public Benefit Recipient.)

	Enacted Number:	83-03
	FINALLY PASSED

030479	[Settlement of Lawsuit - CNET Networks, Inc.]		Supervisor Gonzalez
	Ordinance authorizing settlement of the lawsuit filed by CNET Networks, Inc., against the City and County of San Francisco for $137,541.00; the lawsuit was filed on July 5, 2002 in San Francisco Superior Court, Case No. 409-891; entitled CNET Networks, Inc. v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year. (Public Benefit Recipient.)

	Enacted Number:	82-03
	FINALLY PASSED

030478	[Settlement of Lawsuit - Heller Ehrman White & McAuliffe LLP]		Supervisor Gonzalez
	Ordinance authorizing settlement of the lawsuit filed by Heller Ehrman White & McAuliffe LLP, a Limited Liability Partnership, and Heller Ehrman White & McAuliffe, a California Professional Corporation, against the City and County of San Francisco for $153,000.00; the lawsuit was filed on May 16, 2001 in San Francisco Superior Court, Case No. 321-383; entitled Heller Ehrman White & McAuliffe LLP, et al., v. City and County of San Francisco; the settlement includes any claims for the 2000 tax year. (Public Benefit Recipient.)

	Enacted Number:	81-03
	FINALLY PASSED

030481	[Authorization to make a binding settlement offer - Federated Western Properties, Inc.]		Supervisor Gonzalez
	Ordinance authorizing the City Attorney to make an offer to allow judgment pursuant to California Code of Civil Procedure Section 998 in Macy's West, Inc.; Federated Western Properties, Inc. (successor in interest to Broadway Stores, Inc., dba Macy's); Federated Systems Group, Inc.; Macy's.com, Inc. v. City and County of San Francisco San Francisco Superior Court No. 313930, for a total amount not to exceed $3,300,000.00; and in no event any amount that would create liability to the City pursuant to the Most Favored Nations Clause in the General Motors Corporation v. City and County of San Francisco San Francisco Superior Court No. 301510 (Court of Appeal No. A091914) and Eastman Kodak Company v. City and County of San Francisco San Francisco Superior Court No. 302983 (Court of Appeal No. A091910) ("GM cases") Settlement Agreements. (Public Benefit Recipient.)

	Enacted Number:	84-03
	FINALLY PASSED

Recommendations of the Rules Committee

030392	[Settlement of Legal Proceeding on Underground Construction Co., Inc. and Qwest Communications Corporation]
	Ordinance authorizing settlement of administrative penalties conditionally imposed by the Department of Public Works on Underground Construction Co., Inc. and Qwest Communications Corporation. (City Attorney) (Public Benefit Recipient.)


	PASSED, ON FIRST READING

030393	[Settlement of Lawsuit - Huey, et al. v. CCSF, et al.]
	Ordinance authorizing settlement of the lawsuit filed by seven plaintiffs, in a lawsuit known as Huey, et al. against the City and County of San Francisco for $250,000 as follows: $87,500 in back overtime wages, $87,500 in liquidated damages and $75,000 in attorney's fees and costs; the lawsuit was filed on July 9, 2001 in the United States District Court, Case No. C01-4337 SBA; entitled Huey, et al., v. City and County of San Francisco, et al. (City Attorney) (Public Benefit Recipient.)


	PASSED, ON FIRST READING

030170	[Appointment]
	Resolution appointing Jennifer Friedenbach, Gail Gilman, Barry Hermanson, Leon Winston and Marcia Argyris terms ending May 15, 2004 to the Local Homeless Coordinating Board. Residency requirement waived. Jennifer Friedenbach, succeeding herself, term expired, seat 4, must represent area of advocacy, for a two year term ending 5/15/04. Gail Gilman, succeeding herself, term expired, seat 6, must be a service provider, for a two year term ending 5/15/04. Barry Hermanson, succeeding himself, term expired, seat 8, must represent the business community, for a two year term ending 5/15/04. Leon Winston, succeeding Laura Ware, term expired, seat 9, must represent education and/or training, for a two year term ending 5/15/04. Marcia Argyris, succeeding herself, term expired, seat 10, must represent a foundation, for a two year term ending 5/15/04. (residency requirement waived).

	Enacted Number:	257-03
	ADOPTED

030378	[Appointment]
	Resolution appointing Helen Kwan, term ending date to be determined to the Pedestrian Safety Advisory Committee. Helen Kwan, new position, seat 5, must be a representative from a senior or disability organization, for a two-year term (ending date to be determined).

	Enacted Number:	262-03
	ADOPTED

030412	[Appointment]
	Resolution appointing Steve Chester and Stuart Berger, terms ending May 15, 2003 to the Local Homeless Coordinating Board. Steve Chester, succeeding Diane Burke, resigned, seat 1, must represent homeless or formerly homeless, for the unexpired portion of a two year term ending May 15, 2003. Stuart Berger, succeeding Joyce Miller, resigned, seat 3, must represent area of advocacy, for the unexpired portion of a two year term ending May 15, 2003.

	Enacted Number:	266-03
	ADOPTED




	The foregoing items were acted upon by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

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

030373	[Affirming adoption of the negative declaration for 40-50 Lansing Street]
	Motion affirming the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)

	Enacted Number:	M03-68
	Supervisor Peskin, seconded by Supervisor Newsom, moved that this Motion be APPROVED. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030374	[Reversing adoption of the negative declaration for 40-50 Lansing Street]
	Motion reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)


	Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030375	[Preparation of findings to reverse adoption of the negative declaration for 40-50 Lansing Street]
	Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)


	Supervisor Peskin, seconded by Supervisor Ammiano, moved that this Motion be TABLED. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendation of the Budget Committee

030416	[Funding for lease financing of two asphalt storage silos]		Supervisors Peskin, Gonzalez, Daly, Maxwell
	Ordinance appropriating $2,155,617 of lease financing revenues to construct two asphalt storage silos for the Department of Public Works for fiscal year 2002-03; and declaring the City's intent to reimburse itself for such appropriations from the proceeds of a lease-purchase financing. (Mayor) (Fiscal impact.)

	Enacted Number:	80-03
	FINALLY PASSED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendations of the Land Use Committee

021854	[Construction Site Sign Requirements]		Supervisors Peskin, Gonzalez
	Ordinance amending the San Francisco Traffic Code Section 33.1 and Public Works Code Section 724.3 relating to sign and placard requirements at construction sites.

	Enacted Number:	77-03
	FINALLY PASSED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030207	[2161 Sutter Street - Zoning Map Change]
	Ordinance amending the San Francisco Planning Code by adopting changes in property use classification as an amendment to the Zoning Map of the City and County of San Francisco for property described as Assessor's Block 0682, Lot 005, approximately 5,156 square feet in area, from an NC-2 (Small-Scale Neighborhood Commercial) District to an RM-3 (Residential, Mixed, Moderate Density) District and adopting findings pursuant to Planning Code Section 101.1. (Planning Department) (Planning Commission Resolution No. 16514 adopting the proposed Planning Code and Zoning Map amendments on January 23, 2003; Motion No. 16515 approving Conditional Use Application No. 2001.1058C on January 23, 2003; Final Mitigated Negative Declaration adopted and issued on July 12, 2002; No Public Benefit Recipient).

	Enacted Number:	78-03
	FINALLY PASSED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

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.)

	Enacted Number:	79-03
	FINALLY PASSED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendation of City and School District Select Committee

030354	[Public Education Special Fund]	Supervisors Daly, Ma, Dufty
	Ordinance adding Administrative Code Section 10.100-367 to establish the "Public Education Special Fund."
	Amendment of the whole bearing same title.

	Supervisor Daly, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval




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

NEW BUSINESS

Recommendations of the Budget Committee

030420	[Specifying that revenues from littering citations issued by DPW environmental control officers go to DPW]	Supervisors McGoldrick, Dufty, Maxwell, Ma, Peskin, Newsom
	Ordinance amending Section 38 of the Police Code Article to specify that revenues from citations issued by DPW environmental control officers for littering shall be allocated to DPW and used to fund litter enforcement and abatement. (Fiscal impact.)


	Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Ordinance be TABLED. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030482	[Administrative Penalties for Littering and Specified Nuisance Violations]	Supervisors McGoldrick, Peskin, Maxwell, Dufty, Daly, Newsom
	Ordinance amending Sections 37, 38, and 63 of the Police Code, Sections 41.13, 283.1, 287 and 600 of the Health Code and Sections 170, 173, 174, 174.2, 184.63, and 724.5 of the Public Works Code to authorize the assessment of administrative penalties as an alternative to infractions for littering and specified nuisance violations; amending the Police Code by adding a new Section 39-1 to establish procedures for the imposition, review and collection of administrative penalties.


	Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval


	Supervisors Daly and Newsom requested to be added as co-sponsors.

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

Recommendation of the City Services Committee

030377	[Liquor License Transfer, 2550 Van Ness Avenue]
	Resolution determining that the transfer of a Type 48 on-sale general public premises license from 515 Broadway Street to 2550 Van Ness Avenue, Unit #2 (District 6), to Frank S. Montarello, Jr. for Stellar One, Inc. dba "Broadway Joes" will serve the public 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.

	Enacted Number:	261-03
	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

022033	[Grant Applications]	Supervisors Sandoval, Gonzalez, Peskin, McGoldrick
	Ordinance amending San Francisco Administrative Code Section 10.170 to provide that all grant applications (except for grants originating from the Transportation Authority) submitted by the City requesting funding for one hundred thousand dollars or more shall be subject to approval by the Board of Supervisors by resolution, except for grant funds approved by the Mayor and the Board of Supervisors in the annual budget.


	Supervisor Sandoval, seconded by Supervisor Maxwell, moved that this Ordinance be REFERRED to the City Services Committee. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030003	[Sale of 1345 Turk/1140 Fillmore to Redevelopment Agency]		Supervisors Gonzalez, Peskin
	Resolution approving the sale of real property located at 1345 Turk and 1140 Fillmore Streets to the San Francisco Redevelopment Agency for $900,000; approving the interdepartmental transfer of jurisdiction over 1345 Turk from the Municipal Transportation Agency to the City's Arts Commission; authorizing the Director of Property to enter into an Agreement for the Sale of Real Property with the San Francisco Redevelopment Agency for the sale of such real property for the development of affordable housing and other public beneficial uses. (Public Benefit Recipient.)
	Supervisor Peskin requested to be added as a co-sponsor.
	Enacted Number:	254-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030404	[Modification to the Professional Service Agreement for North & South International Parking Garages, Concourse H/Airport BART Station and Rental Car Facility]
	Resolution retroactively approving Modification No. 3, the Close-out Modification, of Professional Services Agreement for Contract No. 5600AE - North & South Int'l Parking Garages, Concourse H/Airport BART Station and Rental Car Facility with ED2 Int'l/MBT Architecture Joint Venture Architects in the amount of $1,236,926, for a new total contract amount of $23,469,626. (Airport Commission) (Fiscal impact; No Public Benefit Recipient.)

	Enacted Number:	265-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

From the Rules Committee "Without Recommendation"

030189	[Confirming the appointment of Ben Hom to the San Francisco Port Commission]	Mayor
	Resolution confirming the appointment of Ben Hom to the San Francisco Port Commission, for a four-year term ending May 1, 2006. (Mayor) (Supervisor Hall excused from voting.)
	Supervisor Hall previously excused from voting on this item.

	NOT ADOPTED by the following vote:
	Ayes: 3 - Dufty, Ma, Sandoval Noes: 7 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin Excused: 1 - Hall

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT

	Supervisor Newsom presented a Certificate of Honor in honor of Abdullah Megaheed's birthday Abdullah Megaheed; homeless issues Supervisor Gonzalez recognized SF Police Commissioner Victor Macris Roger Brandon; traffic issues James Chaffee; library issues Member of the Youth Commission; requesting support of resolution regarding funds for education and support of May 8th rally in Sacramento Brian Haley; Member, Drug Abuse Advisory Board; issues regarding process Drug Abuse Advisory Board Francisco Di Costa; Earth Day Andrew Bozeman; informed the Board of Earth Day festivities occurring in Hunter's Point Female Speaker; requested Board to request Congress to amend HR #20 Female Speaker; requested Board to request Congress to amend HR #20 Sylvia Johnson; general 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.

030635	[Legislative Analyst Request]	Supervisor Hall
	Motion requesting the Legislative Analyst to compare and contrast the laws, regulations, and policies of Seattle and New York City for "facilitating" mass protests.


	APPROVED by the following vote:
	Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Dufty

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.

030080	[People's Earth Day in San Francisco]		Supervisors Maxwell, Dufty, Newsom
	Resolution proclaiming Saturday, April 26, 2003 as "People's Earth Day Fair" Day in the City and County of San Francisco.
	Supervisor Newsom requested to be added as a co-sponsor.
	Enacted Number:	255-03
	ADOPTED

030164	[Proclaim May as American Lung Association's Clean Air Month]		Supervisors Maxwell, Dufty, Newsom
	Resolution proclaiming May 2003 as American Lung Association's Clean Air Month in the City and County of San Francisco.
	Supervisor Newsom requested to be added as a co-sponsor.
	Enacted Number:	256-03
	ADOPTED

030236	[Commend Tanya Twyman]		Supervisors Maxwell, Newsom
	Resolution commending Tanya Twyman for her commitment and dedication to childcare services throughout the City.
	Supervisor Newsom requested to be added as a co-sponsor.
	Enacted Number:	258-03
	ADOPTED

030276	[Commend Michael Tilson Thomas and the San Francisco Symphony]		Supervisors Daly, Dufty, Peskin, Hall, Newsom
	Resolution commending Michael Tilson Thomas and the San Francisco Symphony for their role as Cultural Ambassadors from the City of San Francisco representing the breadth and depth of the vitality of arts and cultural activities in the City.
	Supervisors Peskin, Hall and Newsom requested to be added as co-sponsors.
	Enacted Number:	259-03
	ADOPTED

030346	[Commend Deputy City Attorney Randy Edward Riddle]		Supervisors Ammiano, Dufty, Peskin
	Resolution commending Randy Edward Riddle for 15 years of exemplary public service to San Francisco as a Deputy City Attorney in the Government Law Division of the City Attorney's Office, and wishing him well in his future endeavors as General Counsel for the California Secretary of State.
	Supervisor Peskin requested to be added as a co-sponsor.
	Enacted Number:	253-03
	ADOPTED

030595	[Final Map for a 23 Unit Mixed-Use Condominium Project]
	Motion approving Final Map of 320 Alabama Street, a Mixed-Use Condominium Project, being a subdivision of Lot 2, Assessor's Block No. 3967, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department) (No public benefit recipient; DPW Order No. 174,068; Distict 6.)

	Enacted Number:	M03-69
	APPROVED




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

Severed From Without Reference to Committee

	Supervisor Hall requested that this matter be severed so that it could be considered separately.

030290	[Commend Byron Yoanidis]		Supervisors Daly, Hall
	Resolution commending Byron Yoanidis of San Francisco, for his inspirational effort and his deep commitment to help those who face homelessness and mental illness.
	Supervisor Hall requested to be added as a co-sponsor.
	Enacted Number:	260-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

030677	[Requiring Slip Resistant Manhole Covers and Sub-sidewalk Basement Cover]	Supervisors Peskin, Dufty
	Ordinance adding Public Works Code Section 790 to require the installation of slip resistant manhole covers and sub-sidewalk basement covers in compliance with the Americans with Disabilities Act's Accessibility Guidelines' recommended standards, to grant the Director of Public Works authority to enforce requirements, and to provide for administrative and civil penalties for violations. (Fiscal impact.)
	4/22/03, RECEIVED AND ASSIGNED to City Services Committee.

030678	[Prohibiting subsurface development on property adjacent to the Embarcadero, owned by the City and dedicated as open space]	Supervisor Peskin
	Ordinance prohibiting subsurface development on certain real property located at Drumm Street, between Clay and Washington Streets, described generally as Assessor's Block 202, Lots 6, 14 and a portion of 15, and a portion of Block 203, Lot 14, partial jurisdiction over which has previously been transferred from the Department of Public Works to the Recreation and Park Commission, and transferring to the Recreation and Park Commission the subsurface area of property previously transferred.
	4/22/03, RECEIVED AND ASSIGNED to Land Use Committee.

030679	[Resource Efficiency Requirements and Green Building Standards]	Supervisor Ammiano
	Ordinance amending the San Francisco Environment Code Chapter 7, Resource Efficiency Requirements, to include new provisions for green building design principles for City construction projects and to reconfigure the Resource Efficiency Task Force.
	4/22/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/22/2003.

030683	[Funding for the over-expenditures in the Conflicts Panel (Indigent Defense) Program]	Mayor
	Ordinance appropriating $150,000 in the Child Support Services Fund and $1,050,000 from the General Fund Reserve for a total of $1,200,000 to cover over-expenditures in legal expenses associated with the Conflicts Panel (Indigent Defense) Program consisting of $500,000 carried forward from FY 2001-02 and $700,000 of FY 2002-03 for the Superior Court for fiscal year 2002-03. (Mayor) (Fiscal impact.)
	4/22/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030689	[Pass through to residential tenants 50% of water bill charges attributable to water rate increases resulting from issuance of PUC water system revenue bonds]	Supervisors Daly, Maxwell
	Draft ordinance amending Administrative Code Chapter 37 (Residential Rent Stabilization and Arbitration Ordinance) by amending Sections 37.2, 37.3, and 37.8, to provide that landlords may pass through to residential tenants fifty percent (50%) of water bill charges attributable to water rate increases resulting from the issuance of any PUC water system revenue bonds authorized at the November 5, 2002 election, where a unit is in compliance with any applicable laws requiring water conservation devices; to provide that tenants be given notice of any such passthrough; to provide that any such passthrough does not become part of a tenant's base rent; to provide that a tenant may file a hardship application with the Rent Board for relief from all or part of the cost passthrough, and that if a hardship application is granted the affected landlord may utilize any available Public Utilities Commission low-income rate discount program or similar program for water bill reduction based on the tenant's hardship status; to provide that a tenant may file a petition with the Rent Board within one year of the effective date of a passthrough for determination of whether that passthrough is in compliance with the Code, and that the landlord bears the burden of proving the accuracy of the passthrough calculations in such a hearing; clarification of other Rent Ordinance provisions, in order to distinguish general obligation bonds from water revenue bonds; and technical changes in order to conform to other recent Rent Ordinance amendments.
	4/22/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

Resolutions

030675	[State Budget Priorities]	Supervisor Daly
	Resolution establishing the official position of the City and County of San Francisco on the state budget and endorsing principles for a balanced solution to the state budget crisis.
	4/22/03, RECEIVED AND ASSIGNED to Budget Committee. Sponsor requests this item be scheduled for consideration at the May 5, 2003 meeting.

030685	[Appointment - Director of Citizen Complaints]	Mayor
	Resolution confirming the appointment of Kevin Allen to the position of Director of Citizen Complaints (OCC). (Mayor)
	4/22/03, RECEIVED AND ASSIGNED to Rules Committee.

030694	[Commend Saint Anthony Foundation]	Supervisors Daly, Dufty, Hall, Newsom
	Resolution commending the Saint Anthony Dining Room for serving their 30 millionth meal on April 30, 2003.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030695	[Commend Laura Ware]	Supervisor Daly
	Resolution commending Laura Ware for fourteen years of leadership, commitment, and dedicated service to improving the lives of homeless people in San Francisco.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030696	[Re-creation of Community Land Trust Task Force]	Supervisors Gonzalez, Daly
	Resolution re-creating the Community Land Trust Task Force and re-appointing Peter Doty, Marianne Love, Lotus Yee Fong, Ada Chan, Lisa Feldstein, Rene Cazenave, Marc Solomon, James Tracy, Rick Lewis, Ash Kumar Gujral, Philip Williams, and Mark Wilson, for the purpose of adopting a draft report, reporting back to the Board and sunset its operations within two months of the adoption of this resolution.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030697	[Full Citizenship for members of the Armed Forces]	Supervisors Hall, Dufty, Newsom
	Resolution urging the President of the United States of America to take actions necessary to guarantee the awarding of full American citizenship to every man and woman serving in the United States Armed Forces in the War in Iraq or upon their favorable discharge from the Armed Forces.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030698	[San Francisco Medical Society]	Supervisors Hall, Dufty, Newsom
	Resolution commending the San Francisco Medical Society for its 135 years as a professional association representing physicians in the City and County of San Francisco.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030699	[Asian Pacific American Heritage Month]	Supervisors Newsom, Dufty, Ma, Peskin
	Resolution declaring May 2003 as "Asian Pacific American Heritage Month" in the City and County of San Francisco.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030700	[Commend Department of the Environment]	Supervisors Sandoval, Newsom
	Resolution commending the Department of the Environment for their continuing support of A Living Library Project.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030701	[Commend Education Not Incarceration]	Supervisors Sandoval, Daly
	Resolution commending the Education Not Incarceration coalition for holding a statewide rally in Sacramento on May 8, 2003 to protest Governor Gray Davis' decision to cut education spending while increasing prison spending.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030702	[Assembly Bill 1006]	Supervisor Sandoval
	Resolution urging the California State Legislature to pass AB 1006: Healthy Schools Bill of 2003 to prohibit the use of the most highly toxic pesticides on school property.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

030676	[Health Department Budget Cuts]	Supervisor Daly
	Hearing to consider the budget of the Health Department, and proposed cuts. Also, to consider recent findings of the Budget Analyst in its audit of San Francisco General Hospital.
	4/22/03, RECEIVED AND ASSIGNED to Budget Committee. Sponsor requests this item be scheduled for consideration at the May 5, 2003 meeting.

030686	[Cleaning programs in San Francisco.]	Supervisor Gonzalez
	Hearing to discuss the importance of community based cleaning programs in San Francisco.
	4/22/03, RECEIVED AND ASSIGNED to City Services Committee.

030687	[Municipal minimum wage]	Supervisor Gonzalez
	Hearing for the purpose of allowing the University of California at Berkeley to present its findings on the impacts of creating a municipal minimum wage as requested by the San Francisco Board of Supervisors in File No. 021107, Resolution No. 453-02.
	4/22/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the May 7, 2003 meeting.

030688	[Crystal Methamphetamine and HIV]	Supervisor Dufty
	Hearing to consider the implications of Crystal Methamphetamine (Speed) usage on rising rates of HIV infections as well as complicating the health status of individuals already affected by HIV/AIDS.
	4/22/03, RECEIVED AND ASSIGNED to City Services Committee.

Motions

030673	[Needle Exchange Emergency]	Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
	Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
	4/22/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030674	[Closed Session - Existing Litigation, City as Plaintiff]	Supervisor Gonzalez
	Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from the City Attorney regarding the following existing litigation in which the City alleges, in sum, that manufacturers, distributors and dealers of handguns have created a public nuisance and engaged in unfair and unlawful business practices by distributing guns in ways that enable criminals and juveniles to acquire them. Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuit listed below. People of the State of California v. Arcadia Machine & Tool, Inc., et al. J. C. C. P. No. 4095 (originally S. F. Superior Court No. 303-753 (filed May 25, 1999), pending before the Hon. Vincent P. DiFiglia in San Diego Superior Court.
	4/22/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration April 29, 2003.

030680	[Establishing a Select Committee on the San Francisco Police Department]	Supervisor Ammiano
	Motion to establish a Select Committee on the San Francisco Police Department pursuant to Board of Supervisors Rules of Order, Rule 5.26.
	4/22/03, RECEIVED AND ASSIGNED to Rules Committee.

030682	[Motion ordering an ordinance be submitted to the voters Conflict of Interest Laws]	Supervisor Ammiano
	Motion ordering submitted to the voters an ordinance authorizing the Conflict of Interest Law Amendments at an election to be held on November 4, 2003.
	4/22/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/22/2003.

030684	[Board of Supervisors/Clerk of the Board's Annual Budget]	Supervisor Daly
	Motion adding Rules 6.23 and 6.24 to the Rules of Order of the Board of Supervisors to provide a process for review and approval of the Board of Supervisors/Clerk of the Board's annual budget prior to submission to the Mayor.
	4/22/03, RECEIVED AND ASSIGNED to Rules Committee.

Charter Amendment

030681	[Charter Amendment-Ethics provisions to move various provisions into ordinances, to enact new provisions, to make technical changes, and to clarify ambiguities in existing provisions.]	Supervisor Ammiano
	Charter amendment (First Draft) to amend Sections 4.108, 4.109, 10.101, 15.100, 15.103, 15.105, and Article XVII, delete sections 15.104, 15.106, 15.108, C8.105 and add section 18.115 to make technical changes, to move various provisions into ordinances, and to clarify existing provisions.
	4/22/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/22/2003.

PROPOSED ORDINANCES

030596	[Settlement of Lawsuit - Nishkian & Associates]
	Ordinance approving settlement of litigation of City and County of San Francisco against Nishkian & Associates for $40,000. (City Attorney) (Public Benefit Recipient.)
	4/11/03, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

030598	[Settlement of Claim]
	Resolution approving the settlement of the unlitigated claim filed by Farmers Insurance Company as subrogee of Yuk Wah Shung against San Francisco; claim was filed on January 21, 2003. (City Attorney) (Public Benefit Recipient.)
	4/14/03, RECEIVED AND ASSIGNED to Rules Committee.

Requests Granted

	Requests Granted From: Supervisor Sandoval To: Department of Recreation and Park Requesting/Inquiring: Inquiring about the following: 1. Current physical condition of Balboa Pool and the estimated timeline to address any structural issues. 2. If the Balboa Pool is anticipated to be closed for repair, please communicate the reason for, estimated time of, and duration of closure of the pool to the parties listed below. 3. Please identify the principal contact person at the Recreation and Park Department charged with supervising any projects pertaining to Balboa Pool. 4. Will the contact person charged with supervising Balboa Pool projects attend the next meeting of the New Mission Terrace Improvement Association scheduled for May 19th, 7 p.m. at the Ingleside Police Station Community Room? 5. Please send all responses to both the Office of Gerardo C. Sandoval and to John McGirr, President of the New Mission Terrace Improvement Association, PO Box 12111, San Francisco, CA 94112. Also requesting the Clerk of the Board send a carbon copy of this inquiry and all responses to: Office of Supervisor Gerardo C. Sandoval C/o Aly Young John McGirr President New Mission Terrace Improvement Association PO Box 12111 San Francisco, CA 94112 From: Supervisor Newsom To: Director, San Francisco Redevelopment Agency Requesting/Inquiring: Inquiring of the following projects: all housing development projects, Mission Bay, Hunters Point Shipyard, the Mexican Museum, the Jewish Museum, and the African Diaspora Museum: What is the planned use relating to each of these projects? What is the number of projected jobs generated from each of these projects? What is the estimated value of each of these completed projects? What is the current status of each of these projects? Is it in the planning, negotiating or

In Memoriams

	Nathan Migden (Entire Board) Estelle Mackota (Supervisor Dufty) James Klint (Supervisor Dufty) Phillip Y. Ten (Supervisor Hall) Leo Thomas Walsh (Supervisor Hall, Newsom) Anita Borg (Supervisor Newsom) C. Roy Sabean (Supervisor Sandoval)

ADJOURNMENT

	There being no further business, the Board at the hour of 5:03 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 May 28, 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.

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

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