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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, May 13, 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: Chris Daly, Bevan Dufty, Matt Gonzalez, Tony Hall, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval.
Members Excused: Tom Ammiano.
Members Absent: None.


ROLL CALL AND PLEDGE OF ALLEGIANCE
The meeting was called to order at 2:03 p.m. On the call of the roll, the following Supervisors were noted absent.

Supervisors Ammiano, Daly, Ma, Maxwell, McGoldrick - 5

Quorum present.

Supervisor McGoldrick was noted present at 2:05 p.m.

Supervisor Daly was noted present at 2:06 p.m.

Supervisors Ma and Maxwell were noted present at 2:07 p.m.

Supervisor Ammiano previously excused from the meeting. (See Infra)


Supervisor Ammiano Excused from Attendance
Supervisor Sandoval, seconded by Supervisor Newsom, moved to excuse Supervisor Ammiano from attending today's meeting. The motion carried by the following vote:
Ayes: 6 - Dufty, Gonzalez, Hall, Newsom, Peskin, Sandoval
Absent: 4 - Daly, Ma, Maxwell, McGoldrick
Excused: 1 - Ammiano

CONSENT AGENDA

Recommendations of the Rules Committee

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

(Public Benefit Recipient.)

Enacted Number: 93-03
FINALLY PASSED

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

(Public Benefit Recipient.)

Enacted Number: 94-03
FINALLY PASSED

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

(Public Benefit Recipient.)

Enacted Number: 95-03
FINALLY PASSED

Recommendations of the Land Use Committee

030546 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Lane Street and McKinnon Avenue, stopping westbound McKinnon Avenue at Lane Street;
Green and Taylor Streets, stopping both Green and Taylor Streets, making this uncontrolled T-intersection an all-way STOP;
20th Avenue and Kirkham Street, stopping Kirkham Street, making this intersection an all-way STOP;
Jennings Street and Thomas Avenue, stopping Jennings Street, making this intersection an all-way STOP;
Olmstead and Girard Streets, stopping Olmstead Street at Girard Street, making this intersection into an all-way STOP;
Rutland Street and Raymond Avenue, stopping Rutland Street at Raymond Avenue, making this intersection an all-way STOP;
Newhall Street and La Salle Avenue, stopping Newhall Street at La Salle Avenue; and
McKinnon Avenue and Newhall Street, stopping McKinnon Avenue at Newhall Street.
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. (Parking and Traffic Department)

(4/1/03: 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. 2597; No Public Benefit Recipient.)

Enacted Number: 323-03
ADOPTED

030547 [Traffic Regulations on Various Streets]
Resolution enacting and rescinding traffic regulations on various streets.

NO RIGHT TURN ON RED - ESTABLISH
Dwight Street, eastbound, at San Bruno Avenue.

NO RIGHT TURN ON RED - ESTABLISH
Beach Blanket Babylon Boulevard (Green Street), eastbound, at Columbus Avenue.

NO LEFT TURN AND NO U-TURN - RESCIND
The Embarcadero, southbound, at Washington Street.

NO U-TURN - RESCIND
The Embarcadero, northbound, at Broadway.

NO LEFT TURN - ESTABLISH
Fulton Street, eastbound, at 43rd Avenue.

NO RIGHT TURN ON RED FROM 7 AM TO 8 PM - ESTABLISH
Geary Expressway and Laguna Street, all approaches.

NO LEFT TURN, 7:00 AM TO 9:00 AM AND 4:00 TO 6:00 PM, EXCEPT SATURDAY AND SUNDAY - RESCIND
NO LEFT TURN - ESTABLISH
Judah Street, both directions, at 14th Avenue. (Parking and Traffic Department)

(4/1/03: 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. 2597; No Public Benefit Recipient.)

Enacted Number: 324-03
ADOPTED

The foregoing items were acted upon by the following vote:
Ayes: 7 - Dufty, Gonzalez, Hall, McGoldrick, Newsom, Peskin, Sandoval
Absent: 3 - Daly, Ma, Maxwell
Excused: 1 - Ammiano


REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the City Services Committee

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

(Public Benefit Recipient.)

Enacted Number: 319-03
ADOPTED by the following vote:
Ayes: 7 - Dufty, Gonzalez, Hall, McGoldrick, Newsom, Peskin, Sandoval
Absent: 3 - Daly, Ma, Maxwell
Excused: 1 - Ammiano

Recommendation of the Finance and Audits Committee

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

(No Public Benefit Recipient.)

Enacted Number: 104-03
FINALLY PASSED by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

From the Finance Committee "Without Recommendation"

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, Dufty
Ordinance amending Administrative Code Chapter 37 (Residential Rent Stabilization and Arbitration Ordinance) by amending Sections 37.2, 37.3, and 37.8, to provide that landlords may pass through to residential tenants fifty percent (50%) of water bill charges attributable to water rate increases resulting from the issuance of any PUC water system revenue bonds authorized at the November 5, 2002 election, where a unit is in compliance with any applicable laws requiring water conservation devices; to provide that landlords give tenants notice of any such passthrough on a Rent Board form, and that a tenant is entitled to a copy of the water bill from the landlord upon request; to provide for a line item on each water bill showing the charge per unit of water that is attributable to water rate increases resulting from issuance of such bonds, multiplied by the total units of water used by that customer during the billing cycle; to provide that where one water bill covers multiple units, the permissible passthrough per unit is calculated by dividing 50% of that line item amount by the total number of units covered by the bill (including any commercial units); to provide that any such passthrough does not become part of a tenant's base rent; to provide that a tenant may file a hardship application with the Rent Board for relief from all or part of the cost passthrough, and that if a hardship application is granted the affected landlord may utilize any available Public Utilities Commission low-income rate discount program or similar program for water bill reduction based on the tenant's hardship status; to provide that a tenant may file a petition with the Rent Board within one year of the effective date of a passthrough for determination of whether that passthrough is in compliance with the Code, and that the landlord bears the burden of proving the accuracy of the passthrough calculations in such a hearing; clarification of other Rent Ordinance provisions, in order to distinguish general obligation bonds from water revenue bonds; and technical changes in order to conform to other recent Rent Ordinance amendments.
Enacted Number: 107-03
FINALLY PASSED by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

Recommendation of the Land Use Committee

020295 [Golden Triangle Light Standards as Landmark] Supervisors McGoldrick, Peskin
Ordinance Designating The Golden Triangle Light Standards As Landmark No. 233 Pursuant To Article 10, Sections 1004 And 1004.4 of the Planning Code.
Enacted Number: 92-03
FINALLY PASSED by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano


NEW BUSINESS

Recommendations of the Budget Committee

030565 [MOU - Supervising Probation Officers, Local 3] Mayor, Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Operating Engineers, Local 3 (for Supervising Probation Officers) to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030566 [MOU - Operating Engineers, Local 3] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Operating Engineers, Local 3, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030567 [MOU - Plasterers and Shophands, Local 66] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Plasterers and Shophands, Local 66, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030568 [MOU - Bricklayers, Stone Masons, Terrazzo Mechanics, Marble Masons, Pointers, Caulkers and Cleaners, Local 3, and Hod Carriers, Local 36] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Bricklayers, Stone Masons, Terrazzo Mechanics, Marble Masons, Pointers, Caulkers and Cleaners, Local 3, and Hod Carriers, Local 36, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030569 [MOU - Federation of Professional and Technical Engineers, Local 21] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030570 [MOU - Deputy Sheriffs' Association] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Deputy Sheriffs' Association to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030571 [Unrepresented Employees] Mayor, Supervisors Daly, Maxwell, Dufty
Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2003. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030572 [MOU - MEA] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives' Association to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030709 [MOU - Transport Workers Union, Local 250-A (7410)] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Transport Workers Union, Local 250-A (7410), to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030710 [MOU - Building Inspectors' Association (for Class 6334, Chief Building Inspector]] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Building Inspectors' Association (for Class 6334, Chief Building Inspector) to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030711 [MOU - Sheet Metal Workers International Union, Local 104] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Sheet Metal Workers International Union, Local 104, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030712 [MOU - (I.A.T.S.E.), Local 16] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the International Alliance of Theatrical Stage Employees (I.A.T.S.E.), Local 16, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030713 [MOU - Carpenters, Local 22] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Carpenters, Local 22, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030714 [MOU - Laborers International Union, Local 261] Supervisors Daly, Maxwell
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Laborers International Union, Local 261, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Peskin, seconded by Supervisor Daly, moved that this Ordinance be RE-REFERRED to the Budget Committee. The motion carried by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

030715 [MOU - Pile Drivers, Divers, Wharf and Dock Builders, Local 34] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Pile Drivers, Divers, Wharf and Dock Builders, Local 34, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030717 [MOU - Ironworkers, Local 377] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Ironworkers, Local 377, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030718 [MOU - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030719 [MOU - Stationary Engineers, Local 39] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Stationary Engineers, Local 39, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030720 [MOU - Roofers, Local 40] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Roofers, Local 40, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030721 [MOU - Painter's Local Union No. 4] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Painter's Local Union No. 4, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030722 [MOU - Cement Masons, Local 580] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Cement Masons, Local 580, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030724 [MOU - International Brotherhood of Electrical Workers, Local 6] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the International Brotherhood of Electrical Workers, Local 6, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030725 [MOU - Glaziers, Architectural Metal and Glass Workers Union, Local 718] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Glaziers, Architectural Metal and Glass Workers Union, Local 718, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030726 [MOU - Teamsters, Local 853] Supervisors Daly, Maxwell
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Teamsters, Local 853, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Peskin, seconded by Supervisor Daly, moved that this Ordinance be RE-REFERRED to the Budget Committee. The motion carried by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

030727 [MOU - Teamsters, Local 856] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Teamsters, Local 856, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030731 [MOU - Teamsters, Local 350] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Teamsters, Local 350, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030732 [MOU - Transport Workers Union, Local 250-A Multi-Unit] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Transport Workers Union, Local 250-A Multi-Unit, to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030733 [MOU - Transport Workers Union, Local 200 (SEAM)] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Transport Workers Union, Local 200 (SEAM), to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano

030734 [MOU - Building Inspectors' Association (for Class 6331, Building Inspector and Class 6333, Senior Building Inspector)] Supervisors Daly, Maxwell, Dufty
Ordinance adopting and implementing the mediated agreement establishing the Memorandum of Understanding between the City and County of San Francisco and the Building Inspectors' Association (for Class 6331, Building Inspector and Class 6333, Senior Building Inspector) to be effective July 1, 2003 through June 30, 2005. (Mayor)
Supervisor Dufty requested to be added as a co-sponsor.
PASSED ON FIRST READING by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 2 - Hall, Ma
Excused: 1 - Ammiano


030623 [Amending Section 106 of the San Francisco Fire Code to Increase Fees For Services] Mayor, Supervisor Daly
Ordinance amending Section 106 of the San Francisco Fire Code to increase fees for Fire Department services, to become operative on its effective date or on July 1, 2003 whichever is later. (Mayor)
PASSED ON FIRST READING by the following vote:
Ayes: 9 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 1 - Hall
Excused: 1 - Ammiano


030624 [Setting fees for emergency medical services provided by the Fire Department, granting authority to Fire Department to bill for such costs, and setting forth procedures] Mayor, Supervisor Daly
Ordinance amending San Francisco Health Code by repealing Section 117 as obsolete; amending San Francisco Health Code Sections 119, 120, 123, 124.1 and 124.5 to: (1) delete reference to Section 117 and add reference to Sections 128 and 128.1, (2) authorize the San Francisco Fire Department to bill for fees for emergency medical services, (3) authorize the San Francisco Fire Department to investigate the ability of patients to pay for the costs of emergency medical services, (4) include the San Francisco Fire Department as a Department for which it is a crime to conceal the ability to pay, (5) include reference to the San Francisco Fire Department in section regarding prima facie evidence of reasonableness of the fees, and (6) provide for a lien on third-party proceeds for costs of San Francisco Fire Department emergency medical services; and amend San Francisco Health Code by adding Section 128.1 to set fees for emergency medical services and supplies provided by the San Francisco Fire Department and to provide for annual increase in fees based on Medical Consumer Price Index. (Mayor)
PASSED ON FIRST READING by the following vote:
Ayes: 9 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Noes: 1 - Hall
Excused: 1 - Ammiano

030625 [Increasing the Alemany Flea Market Daily Stall Fee] Mayor, Supervisor Daly
Ordinance amending Section 9B.5 of the San Francisco Administrative Code by increasing the daily fee for a stall at the Alemany Flea Market from $30 per stall to $45 per stall. (Mayor)

(No Public Benefit Recipient.)

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

030626 [Recreation and Parks - Fees] Mayor, Supervisor Daly
Ordinance making environmental findings and amending the San Francisco Park Code by amending Section 12.08 to increase parking charges on Recreation and Park property; amending Section 12.09 to increase the fees for the carrousel; amending Section 12.15 to increase the fees for day camps; adding Section 12.29 to increase the fees for use of the photography center, adding Section 12.30 to increase the fees for participation in the latch key program, adding Section 12.31 requiring field trip reimbursements, adding Section 12.32 to increase the fee for resident golf cards, and adding Section 12.33 to increase fees for golf cart rental and driving range balls. (Mayor)
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

030627 [Treasurer's charge for returned checks] Mayor, Supervisor Daly
Ordinance amending Administrative Code Section 10.13-1, to provide that the Treasurer may charge up to $35.00 for each check returned to the City without payment, based upon the actual costs as determined by the Controller. (Mayor)
PASSED ON FIRST READING by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

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.
Enacted Number: 339-03
ADOPTED by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Peskin, Sandoval
Noes: 2 - Hall, Newsom
Excused: 1 - Ammiano

Recommendations of the Finance and Audits Committee

030250 [Increase Lobbyist Fees and Late Filing Fines] Supervisors Peskin, Daly
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.)

Supervisor Peskin, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

Ordinance making environmental findings and 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)
Supervisor Daly requested to be added as a co-sponsor.
PASSED ON FIRST READING AS AMENDED by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

030521 [Making Environmental Findings and Re-authorizing Vehicle Registration Fee] Mayor
Resolution making environmental findings and re-authorizing a one dollar ($1) fee to be paid at time of vehicle registration, renewal, or supplemental application for every vehicle registered to an address within the City and County of San Francisco, except exempt vehicles, to be used exclusively to fund law enforcement programs related to fingerprint identification of persons committing crimes while operating motor vehicles; ratifying said fees paid between January 1, 2003, and the effective date of this resolution; and authorizing the Police Department to issue a fiscal year end report to the California State Controller on the collection and use of these fees. (Mayor)
Enacted Number: 321-03
ADOPTED by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano

030536 [Amendment to Real Property Lease]
Resolution authorizing a second amendment to an existing lease of office space at 1212 Market Street, also known as 11 Grove Street, for the Department of the Environment. (Real Estate Department)

(Public Benefit Recipient; District 6.)

Enacted Number: 322-03
ADOPTED by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano


Recommendations of the Land Use Committee

021771 [Permit Required for Construction of an Impervious Surface in Front Yard] Supervisors Sandoval, Maxwell
Ordinance amending the San Francisco Building Code by adding Section 106.1.14 to require that a permit be issued before commencing with construction of an impervious surface, other than a driveway, in a front yard setback area and providing that violation of the permit requirement shall be an infraction subject to fines up to $500; amending Section 110, Table 1-F to establish the permit fee.

(1/21/03 in Board: Supervisor Sandoval submitted a substitute ordinance bearing new title.

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

030510 [Mission Bay Park P8 Bank Stabilization - at the west end of the China Basin Channel]
Ordinance accepting the irrevocable offer for the Acquisition Facilities for Park P8 Bank Stabilization; designating said facilities for public use and maintenance purposes; adopting findings that such actions are consistent with the City's General Plan, priority policy findings of City's Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 174,026; and authorizing official acts in connection with this ordinance. (Public Works Department)

(No Public Benefit Recipient;DPW Order No. 174,026.)

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

030548 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM,
MONDAY THROUGH FRIDAY) - ESTABLISH
Church Street east side, between 21st and 22nd Streets (900 block); and
Church Street, west side, between 21st and Hill Streets (900 block).

NOTE:The 900 block of Church Street will be legislated to be signed as an Area "S" and Area "Z" buffer zone. The residents of Church Street will receive only Area "S" permits, but the signs on the block will eventually allow both Area "S" and "Z" permit holders to park. The signs will initially allow only "S" parking, but will be changed as the Area "Z" boundary expands and merges with Area "S".

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
19th Avenue, east side, from Junipero Serra Boulevard to 68 feet southerly.

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Dorman Avenue, both sides, between Barneveld and Palou Avenues.

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Palou Avenue, both sides, between Barneveld Avenue and Industrial Street.

TOW-AWAY, NO PARKING ANYTIME - RESCIND
Blake Street, west side, from its terminus north of Geary Boulevard to 30 feet southerly.

TOW-AWAY, NO STOPPING ANYTIME - RESCIND
RESIDENTIAL PERMIT PARKING AREA "A" (2-HOUR TIME LIMIT, 8 AM - 7 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Broadway North Service Road, south side, from 13 to 240 feet east of Hyde Street.

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Broadway North Service Road, north side, from 0 to 240 feet east of Hyde Street. (Parking and Traffic Department)

(4/1/03: 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. 2597; No Public Benefit Recipient.)

Enacted Number: 325-03
ADOPTED by the following vote:
Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval
Excused: 1 - Ammiano


SPECIAL ORDER 3:00 P.M.

030654 [Public Hearing - Appeal, Conditional Use - 2690 Harrison Street (aka 3000 23rd Street)]
Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 16546 dated March 20, 2003, Case No. 2000.1311EC, relating to [A] The approval of a conditional use authorization to allow [1] The construction of dwelling units in a C-M (Heavy Commercial) zoning district pursuant to Planning Code Section 215(a), [2] The creation of housing that does not provide 25 percent of the total number of units as affordable units in the Mission District pursuant to Section A(iv) of Board of Supervisors Resolution No. 500-02 (Mission District Interim Controls), and [3] The establishment of a Non-production, Distribution, or Repair (PDR) use on a site within the Northeast Mission Industrial Zone (NEMIZ) on which a PDR use existed since August 5, 1999 pursuant to Section E(v) of the Mission District Interim Controls on property located at 2690 Harrison Street (aka 3000 23rd Street) northwest corner of 23rd Street; Lot 004, in Assessor's Block 3639.

(Appeal filed April 21, 2003; Mitigated Negative Declaration adopted and issued June 27, 2002; companion measure to Files 030655, 030656, 030657, 030658; District 9.)

Supervisors Maxwell and Sandoval noted present at 3:35 pm

Supervisor McGoldrick noted present at 3:52 pm

Appellants: Eric Quesda, Mission Anti Displacement Coalition and Sue Hestor

Female Speaker; support of appellant

Male housing developer; support of appellant

David Lupo, carpenter's union; support of appellant

Ms. Faiaro; support of appellant

Charlotte Yee; support of appellant

Female Speaker; support of appellant

Female Speaker; support of appellant

Alexandra Gonzalez; support of appellant

Female Speaker; support of appellant

Marguerita Mendoza; support of appellant

Female Speaker; support of appellant

Carol Whartley; support of appellant

Male Speaker; support of appellant

Female Speaker; support of appellant

Female Speaker; support of appellant

Male Speaker; support of appellant

Tony Alfonso; support of appellant

Dan Adams, non-profit organization; support of appellant

Rosalind Orchid, resident of Apollo Hotel; support of appellant

Debbie Gonzalez; support of appellant

Lillian Boxter; support of appellant

Female Speaker; support of appellant

Rose; support of appellant

Richard Marquette, Mission Coalition; support of appellant

Male Speaker; support of appellant

Charlie Chavez; support of appellant

Julie Ledbettor; support of appellant

Gloria Vazquez; support of appellant

Ida Gregoria, Mission Agenda; support of appellant

Speaker; support of appellant

Mr. Murphy; support of appellant

Tony; support of appellant

Monica Louza, Mission Agenda; support of appellant

Julia Freedbacher; support of appellant

Christine; support of appellant

Stephanie Rosenfeld; support of appellant

David Lopez, Mission Agenda; support of appellant

Robert Zurcher; carpenter's union; support of appellant

Kay Zelich, St. Peter's Housing; support of

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.)
Supervisor Newsom noted absent at 3:33 p.m.

Supervisor Sandoval noted absent at 7:15 p.m.


030655 [Appeal, Conditional Use - 2690 Harrison Street (aka 3000 23rd Street)]
Motion approving decision of the Planning Commission by its Motion No. 16546, approving Conditional Use Application No. 2000.1311EC, on property located at 2690 Harrison Street (aka 3000 23rd Street), and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to May 20, 2003
Supervisor Dufty, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin
Absent: 2 - Newsom, Sandoval
Excused: 1 - Ammiano

030656 [Appeal, Conditional Use - 2690 Harrison Street (aka 3000 23rd Street)]
Motion disapproving decision of the Planning Commission by its Motion No. 16546, approving Conditional Use Application No. 2000.1311EC, on property located at 2690 Harrison Street (aka 3000 23rd Street), and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)
Continued to May 20, 2003
Supervisor Dufty, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin
Absent: 2 - Newsom, Sandoval
Excused: 1 - Ammiano

030657 [Findings - 2690 Harrison Street (aka 3000 23rd Street)]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1311EC, on property located at 2690 Harrison Street (aka 3000 23rd Street), for action by the Board at its next meeting. (Clerk of the Board)
Continued to May 20, 2003
Supervisor Dufty, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin
Absent: 2 - Newsom, Sandoval
Excused: 1 - Ammiano

030658 [Environmental Review]
Motion certifying review of Final Mitigated Negative Declaration relating to proposed Conditional Use of property at 2690 Harrison Street (aka 3000 23rd Street). (Clerk of the Board)
Continued to May 20, 2003
Supervisor Dufty, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 8 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin
Absent: 2 - Newsom, Sandoval
Excused: 1 - Ammiano

COMMITTEE REPORTS

From the Rules Committee

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

(Public Benefit Recipient.)

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


ROLL CALL FOR INTRODUCTIONS

Supervisor Peskin noted absent at 7:26 p.m.

Supervisor Peskin noted present at 8:24 p.m.


PUBLIC COMMENT
John Malone; homeless issues

Male Speaker; against Prop N Care Not Cash

Calvin Davis; against Prop N Care Not Cash

Abdullah Megaheed; homeless issues

Male Speaker; urge Federal representatives to amend HJ 20

Male Speaker; against Prop N Care Not Cash

Speakers; Asthma issues

Bruce; against Prop N Care Not Cash

Kay Walker; against Prop N Care Not Cash

Harrison; against Prop N Care Not Cash

Male Speaker; general representation of all

Male Speaker; against Prop N Care Not Cash

Dean; on behalf of John Jenkel; urge Federal representatives to amend HJ 20

Female Speaker; urge Federal representatives to amend HJ 20

Jamie; urge Federal representatives to amend HJ 20

Simon; Care Not Cash

Male Speaker; President Bush issues

Calvin Hadley; against Prop N Care Not Cash

Rita Bollinger; urge Federal representatives to amend HJ 20

Chris Disent; resolution to amend against Patriot Act

Martha Cortez; general issues

I. McCallun; against Prop N Care Not Cash

Mr. Edwards; on behalf of John Jenkel; urge Federal representatives to amend HJ 20

Ms. Edwards; against Prop N Care Not Cash

Female Speaker; against Prop N Care Not Cash and urge Federal representatives to amend HJ 20

Tracey Lords; on behalf of John Jenkel urge Federal representatives to amend HJ 20

Male Speaker; on behalf of John Jenkel and Care Not Cash

Male Speaker; urge Federal representatives to amend HJ 20

Tom McDonagh; support Care not Cash and housing issues

Sylvia Johnson; general issues

John Bardis #74 to send to committee



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.

030809 [Legislative Analyst Request] Supervisor Ma
Motion requesting the Office of the Legislative Analyst (OLA) to compare and contrast how Public Guardian Offices in other major counties accommodate hospitals wanting to refer their clients for probate/Lanterman-Petris-Short (LPS) conservatorships. In addition, the OLA should review whether these counties have contracts with hospitals to "fast track" discharged patients.
Supervisor McGoldrick was noted absent 8:28 p.m.
APPROVED by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

Recommendation of the Rules Committee

030328 [Settlement of Unlitigated Claim] Supervisors Hall, Ma
Ordinance approving settlement of an unlitigated claim by the City and County of San Francisco, acting by and through its Airport Commission, against D. Mitchell Concessions, Inc., by approving a lease of three coffee facilities in the Domestic Terminals and the main restaurant in the International Terminal, to one or more entities formed by Glenn Meyers, Dayna Meyers, and Garrett Meyers, approving the suspension of the Minimum Annual Guarantee for two Airport restaurants, waiving the competitive solicitation requirement in San Francisco Administrative Code Section 2A.173, and authorizing the Airport Director to execute agreements in furtherance of the foregoing.
Continued to May 20, 2003
Supervisor Peskin, seconded by Supervisor Daly, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano


CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Unlitigated Claim

030825 [Closed Session - Unlitigated Claim Filed by the City]
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 unlitigated claim filed by the City against D. Mitchell Concessions, Inc. alleging that Mitchell is in default on its contractual obligations at San Francisco International Airport.

Government Code Section 54956.9(b)(1) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending unlitigated claim listed below.

San Francisco v. D. Mitchell Concessions, Inc.
Unlitigated Claim
Date Initiated - 7/02 (Clerk of the Board)
Continued to May 20, 2003
Supervisor Peskin, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

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.

030814 [Summer School Programs] Supervisors Ammiano, Dufty, Ma, Daly
Resolution urging the Mayor's Office to recommend reallocating funds from under-performing programs funded through the Children's Fund to fund alternative programs to summer school programs. Furthermore, the alternative programs would be administered by the Department of Children Youth & Their Families.
Supervisors Dufty, Ma and Daly requested to be added as co-sponsors.
Enacted Number: 327-03
ADOPTED

030815 [Urging SFUSD to waive fees for alternative programs to Summer School] Supervisors Ammiano, Dufty, Ma, Daly
Resolution urging the San Francisco Unified School District to provide free access to school sites for alternatives to summer school programs. Furthermore, urging the Mayor's Office in conjunction with the Board of Supervisors to secure funds for the Unified School District to fill any shortfall that would result from waiving rental fees.
Supervisors Dufty, Ma and Daly requested to be added as co-sponsors.
Enacted Number: 341-03
ADOPTED

030816 [Commend Gay Asian Pacific Alliance] Supervisors Dufty, Ma, Ammiano, McGoldrick
Resolution commending the Gay Asian Pacific Alliance (GAPA) for 15 years of service to the Lesbian, Gay, Bisexual and Transgender Asian and Pacific Islander (API) community in San Francisco and declaring May 17, 2003 "GAPA Day" in the City and County of San Francisco.
Supervisor McGoldrick requested to be added as a co-sponsor.
Enacted Number: 328-03
ADOPTED

030817 [Commend SF Gay and Lesbian Tennis Federation] Supervisors Dufty, Ammiano
Resolution commending the San Francisco Gay and Lesbian Tennis Federation (GLTF) for its annual tournament.
Enacted Number: 329-03
ADOPTED

030819 [Support Senate Concurrent Resolution 12] Supervisor Newsom
Resolution urging the State Legislature to adopt Senate Concurrent Resolution 12, introduced by Senator Richard Alarcon, which would create a joint committee charged with developing a master plan to end poverty in the State of California.
Enacted Number: 330-03
ADOPTED

030820 [Accept and Expend Gift] Supervisor Peskin
Resolution authorizing the Director of Planning to accept and expend a gift in the amount of $150,000 from the Jessie Square Garage Partners, LLC, an affiliate of Millennium Partners, for purposes of the gift.
Enacted Number: 331-03
ADOPTED

030821 [Stop Sign Designation - Greenwich and Powell Streets] Supervisor Peskin
Resolution urging the installation of four-way Stop signs at the intersection of Greenwich and Powell Streets.
Enacted Number: 332-03
ADOPTED

030833 [Senate Bill 1005] Supervisors Sandoval, McGoldrick
Resolution urging the California State Legislature to Pass SB 1005: The Safe Ratios Enforcement Act.
Supervisor McGoldrick requested to be added as a co-sponsor.
Enacted Number: 333-03
ADOPTED

030834 [Commending Bernard Osher Foundation] Supervisors Sandoval, Dufty
Resolution commending the Bernard Osher Foundation for awarding $350,000 in grant funds to the Friends and Foundation of the San Francisco Library for the Branch Library Project.
Supervisor Dufty requested to be added as a co-sponsor.
Enacted Number: 334-03
ADOPTED

030836 [OMI Family Center] Supervisors Sandoval, Dufty, Hall
Resolution urging the Mayor to preserve mental health services within the City and County of San Francisco and services at the OMI Family Center in the face of the upcoming budget crisis.
Supervisors Dufty and Hall requested to be added as co-sponsors.
Enacted Number: 340-03
ADOPTED

030792 [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: M03-80
APPROVED

The foregoing items were acted upon by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano


Severed from For Adoption Without Committee Reference
Supervisor Peskin requested that this matter be severed so that it could be considered separately.

Appointment of President Pro Tempore
At the request of the President, Supervisor Daly assumed the Chair so the President could participate in the debate from the floor concerning the following item.

The President resumed the Chair shortly thereafter.


030818 [Directing the Budget Analyst to Conduct a Management Audit of the Controller's Office] Supervisors Hall, Gonzalez, Ammiano, Dufty, Maxwell, McGoldrick, Sandoval
Motion amending the Schedule of Audits for the Budget Analyst and directing the Budget Analyst to conduct a management audit of the Controller's Office on a priority basis
Supervisor Peskin moved to amend on page 2, line 13 "to add the Controller's Management Audit after the completion of the Recreation and Park Department Management Audit"

Failed for lack of a second.

Enacted Number: M03-81
APPROVED by the following vote:
Ayes: 6 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell
Noes: 1 - Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

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

Supervisor Daly requested that this matter be referred to committee.

030828 [Housing Element of General Plan] Supervisors McGoldrick, Daly
Resolution requesting that the Planning Department give the highest priority to completion of environmental review for the revision of the Housing Element of the City's General Plan.
REFERRED to the Land Use Committee by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions.

Supervisor Daly, seconded by Supervisor Dufty, moved ADOPTION of the Commendatory Finding Act. The motion carried by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

[Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.
Supervisor Daly, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

030860 [AAA School Safety Patrol's 80th Anniversary] Supervisor Dufty
Resolution recognizing and honoring the members of the AAA School Safety Patrol on the Patrol's 80th Anniversary.
Enacted Number: 335-03
ADOPTED by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

030861 [AcroSports Day] Supervisors McGoldrick, Dufty
Resolution declaring May 18, 2003 AcroSports Day.
Enacted Number: 336-03
ADOPTED by the following vote:
Ayes: 7 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, Peskin
Absent: 3 - McGoldrick, Newsom, Sandoval
Excused: 1 - Ammiano

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

030845 [Appropriation - $776,000, Department of Elections] Supervisor Sandoval
Ordinance appropriating $2,416,160 from the General Fund Reserve to implement the ranked-choice voting public education plan for the Department of Elections for fiscal year 2002-03.
5/12/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030848 [General Assistance-In-kind Assistance] Supervisors Newsom, Dufty, Sandoval, McGoldrick, Peskin
Ordinance modifying the City's General Assistance (GA) Program by amending San Francisco Administrative Code Sec. 20.57 to reflect the current grant amount; amending Administrative Code Sec. 20.59.3 to provide in-kind housing, utilities and meals to homeless applicants and recipients; amending Administrative Code Sec. 20.57.1 to value housing, utilities and meals provided to homeless recipients as in-kind assistance; adding Administrative Code Sec. 20.57.6A. to provide a special needs allowance to homeless recipients; adding Administrative Code Sec. 20.60.12 to establish a baseline GA budget; adding Administrative Code Sec. 20.60.13 to require a Controller's evaluation; adding Administrative Code Sec. 20.60.14 to establish an operative date for these amendments of on or before July 1, 2003.
5/13/03, RECEIVED AND ASSIGNED to Rules Committee.

030849 [Setting Administrative Fee for Tow of Vehicles] Mayor
Ordinance approving administrative fee of $200 pursuant to Traffic Code Section 170.2-A for police costs for towing of vehicles. (Mayor)
5/13/03, RECEIVED AND ASSIGNED to Budget Committee.

030862 [Restricted Traffic Streets] Supervisor Hall
Ordinance adding Traffic Code Sections 28.1.107, 28.1.108, and 28.1.109 to restrict any person from operating a vehicle with gross weight in excess of 6,000 pounds on Claremont Boulevard between Portola Drive and Taraval Street, Dewey Boulevard between Laguna Honda Boulevard and Taraval Street, and Taraval Street between 14th Avenue and Dewey Boulevard.

(5/16/03: 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.)

5/13/03, RECEIVED AND ASSIGNED to Land Use Committee.

030868 [Elimination of Paid Ballot Arguments] Mayor
Ordinance amending the Municipal Elections Code to amend Sections 500, 530, 535 and 585 and deleting Sections 555, 560, 565, 570 and 830 to eliminate paid ballot arguments from the Voter Information Pamphlet. (Mayor)
5/13/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be calendared as soon as possible.

030869 [Tobacco Sales Permit] Supervisor Maxwell
Ordinance amending the San Francisco Health Code by adding Article 19H to require a permit for tobacco sales and amending the San Francisco Business and Tax Regulations Code by adding section 249.16 to set the fee for the tobacco sales permit.
5/13/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030870 [Repealing Airport Commission authority to approve counsel assigned to the Airport] Supervisor Daly
Ordinance repealing Administrative Code Section 2A.172 to eliminate the Airport Commission's authority to approve counsel assigned to the Airport by the City Attorney.
5/13/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030871 [General Assistance - In-Kind Assistance] Supervisors Daly, Ma, Maxwell
Ordinance amending Administrative Code sections 20.57, 20.59.3, and 20.57.1; adding Administrative Code sections 20.57.6A., 20.60.12, Sec. 20.60.13, and 20.60.14.
5/13/03, RECEIVED AND ASSIGNED to Rules Committee.

Resolutions

030847 [Designating Fire Stations as Permissible Locations to Safely Surrender a Child 72 Hours Old or Less Without Criminal Prosecution for Child Abandonment] Supervisor Hall
Resolution designating San Francisco Fire Stations as permissible locations for a parent or any adult with legal custody of a child to safely surrender that child without criminal prosecution for child abandonment.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030851 [Contract - Department of the Environment and PG&E] Mayor, Supervisor Gonzalez
Resolution pursuant to Charter section 9.118(a) authorizing the Department of the Environment to enter into a contract for up to $1,550,000.00 with Pacific, Gas and Electric Company ("PG&E") to implement a Demand Reduction Through Energy Efficiency Pilot Program in the City and County of San Francisco.
5/13/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030860 [AAA School Safety Patrol's 80th Anniversary] Supervisor Dufty
Resolution recognizing and honoring the members of the AAA School Safety Patrol on the Patrol's 80th Anniversary.
5/13/03, ADOPTED.

030861 [AcroSports Day] Supervisors McGoldrick, Dufty
Resolution declaring May 18, 2003 AcroSports Day.
5/13/03, ADOPTED.

030875 [Commend Armando Miranda] Supervisor Gonzalez
Resolution commending Armando Miranda for his extraordinarily considerate, compassionate and thorough work as deputy public defender for the San Francisco Drug Court.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030876 [Commend Francis Scott Key Elementary School] Supervisors Ma, Hall
Resolution commending Francis Scott Key Elementary School's achievement as a recipient of the 2003 No Child Left Behind Title I Achieving Schools Award.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030877 [PUC Project Labor Agreement] Supervisors Maxwell, Daly
Resolution urging the San Francisco Public Utilities Commission to include social justice components in its Project Labor Agreement for the Hetch Hetchy Water System Capital Improvement Program.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030878 [Asthma Training] Supervisors Maxwell, Dufty, Ma, Newsom
Resolution to support an Initiative for Asthma Training and Posting of Asthma Emergency Protocols at City-Funded Childcare Facilities.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030879 [Senate Bill 60] Supervisor McGoldrick
Resolution in support of SB 60 regarding the use of federal tax ID numbers instead of social security numbers when applying for driver's licenses.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030891 [Emergency Medical Services Week] Supervisors Newsom, Dufty, Hall, Ma
Resolution commending all providers of Emergency Medical Services for their contributions to the citizens and visitors of San Francisco and proclaiming the week of May 18-24, 2003 as Emergency Medical Services Week in the City and County of San Francisco.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030892 [Clean Energy Exchange with India] Supervisors Peskin, Daly, Ma
Resolution supporting efforts to curb global warming and to develop partnerships with communities in India that allow for the sharing of information on emission reduction programs.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030893 [Union Janitors] Supervisors Sandoval, Dufty, Daly, McGoldrick, Peskin, Ammiano, Ma, Gonzalez, Maxwell
Resolution urging the University of California San Francisco (UCSF) to make janitorial custodians in-house employees and corporate citizens of the City and County of San Francisco to utilize union janitorial services.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Charter Amendments

030632 [Ballot Measures Submitted by the Board of Supervisors, Four or More of its Members, or the Mayor] Supervisors Newsom, Peskin
Charter amendment (Second Draft) to amend 2.113 and 3.100 to provide that any proposed ordinance, bond measure, or declaration of policy submitted to the Director of Elections by the Board of Supervisors. by four or more of its members, or by the Mayor, must by submitted to the Board of Supervisors no later than 45 days before the deadline for submission of the measure to the Director of Elections, and to require that the Board of Supervisors hold a hearing on the proposed ordinance, bond measure, or declaration of policy and on any amendment thereto no later than 30 days before the deadline for submission of the measure to the Board of Directors, provided that failure of the Board of Supervisors to hold a hearing on a measure submitted by less than the full Board of Supervisors or by the Mayor shall not preclude submission of the measure to the voters.
4/15/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/15/2003.
5/13/03, SUBSTITUTED. Supervisor Newsom submitted a substitute Charter amendment bearing new title.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

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

030852 [Charter Amendment - District offices and staff members for members of the Board of Supervisors] Supervisor Daly
Charter amendment (First Draft) to amend Section 2.117, to establish district offices for members of the Board of Supervisors and to eliminate the limit on the number of staff members.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030853 [Charter Amendment - Board of Supervisors Proceedings] Supervisor Gonzalez
Charter amendment (First Draft) to amend Sections 2.103, 2.104, and Article XVII, to modify the provisions governing the proceedings of the Board of Supervisors by tolling deadlines for action by the Board when the Board is in recess, and by reducing the number of votes required at the Board of Supervisors for various actions when one or more Board members are disqualified from voting on a matter because of a conflict of interest.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030854 [Charter Amendment - Controller as the City Services Auditor] Supervisor Hall
Charter amendment (First Draft) to amend Section 3.105 and adding Appendix F to designate the Controller as the City Services Auditor, establish duties for that function, make the Controller a non-voting ex-officio member of the Board of Supervisors and all City commissions, and set aside 0.2 percent of the City's annual budget for a Controller's Audit Fund.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030855 [Charter Amendment - Early retirement benefits to employees in classifications identified for layoffs due to the City's fiscal crisis] Mayor
Charter amendment (First Draft) to add Sections A8.401 and A8.522 to provide early retirement benefits to eligible employees. (Mayor)
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030856 [Charter Amendment - Health Service System] Supervisor Peskin
Charter amendment (First Draft) to amend Sections 10.102, 12.200, 12.202, 12.203, A8.421, A8.422, A8.423, A8.428, and A8.432 to the San Francisco Charter.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/13/2003.

030857 [Charter Amendment - Retirement Benefits for District Attorneys, Public Defenders and Public Defender Investigators] Supervisor Gonzalez
Charter amendment (First Draft) to add Appendix A8.583 relating to retirement benefits for attorneys in the District Attorney's and Public Defender's offices and Public Defender Investigators.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030858 [Charter Amendment - Rainy Day Reserve] Supervisors Ammiano, McGoldrick
Charter amendment (First Draft) to add Section 9.113.5 and amend Section 9.113, to create a Rainy Day (Economic Stabilization) Reserve and clarify general rules for fiscal operations.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030859 [Charter Amendment - Police Commission; Office of Citizen Complaints; Police Misconduct] Supervisors Ammiano, McGoldrick
Charter amendment (First Draft) to amend the Charter of the City and County by amending Sections 4.109, 4.127, A8.343 and A8.344.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030864 [Charter Amendment - Municipal Railway Rates] Supervisor Daly
Charter amendment (First Draft) to amend Sections 8A.102, 8A.106, and 8A.108 to freeze Municipal Railway rates at their January 1, 2003 levels and to change the process for approving increases in Municipal Railway rates.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/13/2003.

030865 [Charter Amendment -Transferring the Police Department's functions, assets and operations to the Sheriff] Supervisor Daly
Charter amendment (First Draft) to add Section 6.105 to establish a process for a Sheriff and Police Department merger.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030866 [Charter Amendment - Establishing an Elected Rent Board] Supervisor Daly
Charter amendment (First Draft) to add a new Article VIA to establish an elected San Francisco Residential Rent Stabilization and Arbitration Board that would replace the existing appointed Rent Board.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

030867 [Charter Amendment - Planning and Economic Department Commission] Supervisor Peskin
Charter amendment (First Draft) to delete Section 4.121 and Appendix D that establish the Building Inspection Commission, and to amend Section 4.105 to establish a Planning and Economic Development Commission consisting of the current members of the Planning Commission that would manage the Department of Planning and the Department of Building Inspection.
5/13/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/12/2003.

Request for Hearing

030872 [Budget Analyst's performance audit of the San Francisco Zoo] Supervisor Ma
Hearing to review and implement recommendations of the Budget Analyst's performance audit of the San Francisco Zoo prepared for the Board of Supervisors in January 2000.
5/13/03, RECEIVED AND ASSIGNED to Zoo Audit Select Committee. Scheduled for consideration June 3, 2003.

030873 [Closed Session - Existing Litigation - Care Not Cash Initiative, City as Defendant (Respondent)] 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 petitioners challenge the validity of Proposition N, "Care Not Cash Initiative," which was approved by the voters of San Francisco at the November 5, 2002, consolidated general election in San Francisco.

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

Pettye & Roman v. San Francisco, et al.
S.F. Superior Court No. CPF 02-502076
Date Filed: November 26, 2002.
5/13/03, ASSIGNED to Board of Supervisors.

Motions

030846 [Glocal Youth Parliament in Rome, Italy] Supervisors Daly, Newsom
Motion authorizing the attendance of two members of the San Francisco Youth Commission at the May 22-26, 2003, Glocal Youth Parliament in Rome, Italy. (Clerk of the Board)
5/12/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030863 [Creating a Care Not Cash Select Committee.] Supervisor Gonzalez
Motion creating a Care Not Cash Select Committee.
5/13/03, RECEIVED AND ASSIGNED to Rules Committee.

030850 [Board Off-site Meetings] Supervisor Maxwell
Motion ordering the City and School District Select Committee meeting of the Board of Supervisors be held at the Irving G. Breyer Board Meeting Room, Board of Education, 555 Franklin Street, First Floor, San Francisco, on June 16, 2003 at 4:00 P.M.; and directing the Clerk of the Board to prepare the proper notices and postings.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030874 [Health Service Board] Supervisor Daly
Motion amending the Schedule of Audits for the Budget Analyst and directing the Budget Analyst to conduct a management audit of the Health Service System on a priority basis.
5/13/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

030773 [Settlement of Lawsuit - Loretta A. Bowie]
Ordinance authorizing settlement of the matter of Loretta A. Bowie v. City and County of San Francisco and Louise Statzer for $92,500. The lawsuit was filed on April 17, 2002, in San Francisco Superior Court, Case No. 406-801, and was removed to United States District Court on June 26, 2002, Case No. C 02-3082 SI; entitled Loretta A. Bowie v. City and County of San Francisco and Louise Statzer. (City Attorney)

(Public Benefit Recipient.)

5/2/03, RECEIVED AND ASSIGNED to Rules Committee.

030774 [Settlement of Lawsuit - Derrell Neal]
Ordinance authorizing settlement of the lawsuit filed by Derrell Neal against the City and County of San Francisco for $40,000; the lawsuit was filed on November 26, 2002 in San Francisco Superior Court, Case No. 401-659; entitled Derrell Neal, et al., v. City and County of San Francisco, et al.

(Public Benefit Recipient.)

5/2/03, RECEIVED AND ASSIGNED to Rules Committee.

030775 [Settlement of Lawsuit - YONG SHAO MA and PUI KAY CHAN]
Ordinance authorizing settlement of the lawsuit filed by YONG SHAO MA and PUI KAY CHAN against the City and County of San Francisco for $750,000; the lawsuit was filed on October 26, 1998 in San Francisco Superior Court, Case No. 998-809; entitled Yong Shao Ma, et al., v. City and County of San Francisco, et al. (City Attorney)

(Public Benefit Recipient.)

4/30/03, RECEIVED AND ASSIGNED to Rules Committee.

030779 [Speed Limit - Fulton Street between Masonic Avenue and Stanyan Street]
Ordinance adding Section 174.05 and amending Section 175.22 of the San Francisco Traffic Code to reduce the speed limit from 30-MPH to 25-MPH on Fulton Street between Masonic Avenue and Stanyan Street. (Parking and Traffic Department)
5/5/03, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED RESOLUTIONS

030776 [STOP Intersections]
Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Mangels Avenue at Gennessee Street, stopping Mangels Avenue at Gennessee Street, making this intersection an all-way STOP;
20th and Arkansas Streets, stopping 20th Street at Arkansas Street, making this intersection an all-way STOP;
26th and Tennessee Streets, stopping Tennessee at 26th Street, making this intersection a two-way STOP; and
12th Street at South Van Ness Avenue, stopping southbound 12th Street at South Van Ness Avenue. (Parking and Traffic Department)

(5/2/03: 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. 2624; No Public Benefit Recipient.)

5/5/03, RECEIVED AND ASSIGNED to Land Use Committee.

030777 [Traffic Regulations, Various Streets] Supervisors Gonzalez, McGoldrick, Maxwell, Ammiano
Resolution enacting and rescinding traffic regulations on various streets.

BICYCLE LANES (SIX MONTH TRIAL) - ESTABLISH
Fell Street, from Baker Street to Scott Street.

STREET CLOSURE (6:00 PM TO MIDNIGHT, MONDAY THROUGH FRIDAY AND 11:00 AM TO MIDNIGHT, SATURDAY AND SUNDAY) - ESTABLISH
De Boom Street, north side, from 2nd Street to 75 feet easterly (seven-foot closure for tables and chairs, retains 14-foot access lane).

(5/2/03: 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. 2624; No Public Benefit Recipient.)

5/5/03, RECEIVED AND ASSIGNED to Land Use Committee.

030778 [Parking Regulations, Various Locations] Supervisor Newsom
Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY, NO STOPPING, MONDAY-FRIDAY, 4:00 PM TO 6:00 PM (SIX-MONTH TRIAL) - RESCIND
Fell Street, south side, from Baker Street to Scott Street (Fell Street bike lanes).

TOW-AWAY, NO STOPPING, MONDAY-FRIDAY, 4:00 PM TO 7:00 PM (SIX-MONTH TRIAL) - ESTABLISH
Fell Street, south side, from Divisadero Street to 182 feet easterly (Fell Street bike lanes).

TOW-AWAY, LANE MUST TURN LEFT (SIX-MONTH TRIAL) - ESTABLISH
Fell Street, at Scott Street (Fell Street bike lanes). (Parking and Traffic Department)

(5/2/03: 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. 2624; No Public Benefit Recipient.)

5/1/03, RECEIVED AND ASSIGNED to Land Use Committee.

030780 [Lease of Real Property]
Resolution authorizing a Sublease renewal of approximately 117,826 square feet of space at 1235 Mission Street for the Department of Human Services. (Real Estate Department)

(Fiscal impact; Public Benefit Recipient.)

5/5/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

Requests Granted
From: Supervisor Dufty

To: City Attorney

Requesting/Inquiring: To draft an ordinance requiring that all City Parking control and Traffic signs have graffiti-resistant coating. Establishing that all new signage installed after adoption of this ordinance shall be graffiti-resistant.

From: Supervisor Maxwell

To: Department of Parking and Traffic

Requesting/Inquiring: Inquiring whether traffic lights can be metered on San Bruno Avenue at Silliman and Silver Streets to ease traffic congestion in the area.

From: Supervisor Maxwell

To: Department of Public Works

Planning Department

San Francisco Redevelopment Agency

Requesting/Inquiring: Inquiring about how the Third Street Walgreens was permitted to remove the landscaping provided in the concept plan agreed to by the Bayview Hunters Point Project Area Committee.

From: Supervisor McGoldrick

To: City Attorney

Controller

Requesting/Inquiring: To draft a measure that will establish a special fund for homeless programs, called "Cash for Care." This fund would provide matching City funding, dollar for dollar, for donations from businesses in San Francisco that are committed to changing the homeless situation on the streets or our neighborhoods. The Cash for Care Fund also would have an advisory committee composed of stakeholders from the business community, advocates for the homeless, nonprofit service providers, neighborhood associations, and City officials, who would make recommendations on spending the money in the fund.

From: Supervisor Gonzalez

To: City Attorney

Requesting/Inquiring: Requesting a closed session for the May 20, 2003 meeting of the Board of Supervisors to discuss the recent court decision regarding Care Not Cash.

In Memoriams

Margaret Contreras Alvarado (Supervisor Dufty)

Joseph


Margaret Contreras Alvarado (Supervisor Dufty)

Joseph Rodriguez Bisho (Supervisors Hall, Newsom)

William J. Keays (Supervisor Hall)

Joseph E. Spalasso (Supervisor Newsom)

Ted Joans (Supervisor Gonzalez)


ADJOURNMENT
There being no further business, the Board at the hour of 8:50 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 June 24, 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.8:50 pm

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


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

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

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

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


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