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, June 10, 2003
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

Board of Supervisors

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

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

ROLL CALL AND PLEDGE OF ALLEGIANCE

	The meeting was called to order at 2:06 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 2:07 p.m.

APPROVAL OF MEETING MINUTES



	Supervisor Newsom, seconded by Supervisor Ma, moved to approve April 29, 2003 and May 6, 2003 Meeting Minutes. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Privilege of the Floor



	Supervisor Hall, seconded by Supervisor Peskin, moved to suspend Rule 4.28 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 Hall introduced, welcomed and presented a Certificate of Honor to Anthony G. Wagner, Administrator of Laguna Honda Hospital in recognition of his retirement. Supervisor Peskin introduced, welcomed and presented a Certificate of Honor to San Francisco Police Officers Sam Chris and Thomas Smith in recognition of their efforts in apprehending criminals.

CONSENT AGENDA

Recommendation of the Finance and Audits Committee

030345	[Acceptance of Gift]
	Resolution accepting a gift of $55,000 from the Market Street Railway and authorizing said funds to be expended for the purchase of Historic Streetcar #162 from the Orange Empire Railway Museum. (Municipal Transportation Agency) (No Public Benefit Recipient.)

	Enacted Number:	364-03
	ADOPTED

030540	[Airport Concession Lease]
	Resolution approving the Terminal 3 Specialty Retail Store Lease between Brookstone Company, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (No fiscal impact; Public Benefit Recipient.)

	Enacted Number:	367-03
	ADOPTED

030605	[Modification #9 to Lease and Use Agreement with US Airways, Inc. at Terminal 1 - SF International Airport]
	Resolution approving and authorizing the execution of Modification # 9 to the Lease and Use Agreement L-82-0120 with US Airways, Inc., to reduce terminal space in Terminal 1 of San Francisco International Airport. (Airport Commission) (Fiscal impact; Public Benefit Recipient.)

	Enacted Number:	368-03
	ADOPTED

030822	[Lease of Real Property]
	Resolution authorizing the exercise of a five year option to extend the Lease of approximately 7,725 square feet of space at 3801 3rd Street, suites 110, 210, 220 and 230 for the Department of Human Services. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	377-03
	ADOPTED

030823	[Lease of Real Property]
	Resolution authorizing the exercise of a five year option to extend the Lease of approximately 1,800 square feet of space at 3801 3rd Street, suite 205 for the Department of Human Services. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	378-03
	ADOPTED

030880	[Lease of Real Property]
	Resolution authorizing a lease renewal at 729 Filbert Street for the Department of Public Health. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	379-03
	ADOPTED

030881	[Lease of Real Property]
	Resolution authorizing a lease renewal at 2001 Van Ness Avenue/1700 Jackson Street for the Department of Public Health. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	380-03
	ADOPTED

Recommendations of the Rules Committee

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.)

	Enacted Number:	137-03
	FINALLY PASSED

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


	PASSED, ON FIRST READING

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.)


	PASSED, ON FIRST READING

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.)


	PASSED, ON FIRST READING

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.)


	PASSED, ON FIRST READING

030263	[Appointment]
	Resolution appointing Elissa Eckman, Chin Chi, Sherri Franklin and Susan Kendall Wheeler, term ending April 30, 2005, to the Animal Control and Welfare Commission. Elissa Eckman, succeeding Elissa Eckman, term expired, seat 3, must be a member representing the general public having interest and experience in animal matters; for a two year term ending April 30, 2005. Chin Chi, succeeding June Wilson, term expired, seat 4, must be a member representing the general public having interest and experience in animal matters; for a two year term ending April 30, 2005. Sherri Franklin, succeeding Sherri Franklin, term expired, seat 5, must be a member representing the general public having interest and experience in animal matters; for a two year term ending April 30, 2005. Susan Kendall Wheeler, succeeding Cheryl Bently, resigned, seat 6, must be a member representing the general public having interest and experience in animal matters; for a two year term ending April 30, 2005.

	Enacted Number:	361-03
	ADOPTED

030264	[Appointment]
	Resolution appointing Dennis Yun and Dorothy Shaffer, term ending January 31, 2006 to the Mental Health Board. Dennis Yun, succeeding Dennis Yun, term expired, seat 12, must be a consumer; for the unexpired portion of a three year term ending January 31, 2006. Dorothy Shaffer, succeeding Dorothy Shaffer, term expired, seat 16, must be a family member; for the unexpired portion of a three year term ending January 31, 2006.

	Enacted Number:	362-03
	ADOPTED

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

	Enacted Number:	372-03
	ADOPTED





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

Severed From the Consent Agenda

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

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.)
	Continued to June 17, 2003

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

UNFINISHED BUSINESS

REGULAR AGENDA

From the Clerk

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

Privilege of the Floor



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

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)


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

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)


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

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 approving te issuance of the Conditinal Use Application, subject to additional conditions imposed by the Board of Supervisors. (Clerk of the Board)


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

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)

	Enacted Number:	M03-90
	APPROVED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

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)

	Enacted Number:	M03-91
	APPROVED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendations 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.
	Supervisor Peskin, seconded by Supervisor McGoldrick, moved to amend to include a personal guarantee for the lease from the new lessee. Motion failed by the following vote: Ayes: 3 - Daly, Mcgoldrick, Peskin Noes: 8 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, Newsom, Sandoval,

	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Ammiano, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Sandoval Noes: 2 - Daly, Peskin

020938	[Charter Amendment - Retirement Benefits for Miscellaneous Safety Employees]	Supervisors Ammiano, Gonzalez, Dufty, Hall, Newsom, Ma
	Charter Amendment (Fifth Draft) to amend Appendix A8.506-2 thereto, relating to retirement benefits for miscellaneous safety employees. 6/10/03 Amended on page 1, after "of such contract" by adding New Paragraph "Contracts and contract amendments shall be cost-neutral and employee bargaining units shall be permitted to trade salary or other employee-paid benefits to achieve cost-neutrality. The Board of Supervisors or the Community College District is empowered to determine compliance under this section."


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




	Supervisor Daly, seconded by Supervisor Peskin, moved that this Charter Amendment be RE-REFERRED to the Rules Committee. 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

030628	[Making Environmental Findings and Increasing Fees Charged for Inspection and Certification of Agriculture Products]		Mayor, Supervisor Daly
	Ordinance making environmental findings and amending the San Francisco Administrative Code to increase the fees charged by the Department of Consumer Assurance for inspection and certification of agriculture products prior to shipment. (Mayor)

	Enacted Number:	139-03
	FINALLY PASSED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendation of the City Services Committee

030541	[Abolishing a portion of official sidewalk - Lyon Street south of Bay Street]		Supervisor Newsom
	Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1559 to abolish a portion of official sidewalk on the westerly side of Lyon Street south of Bay Street; making findings pursuant to the General Plan and Planning Code Section 101.1; and requiring relocation, modification, or both of facilities affected by the sidewalk abolishment. (Public Works Department) (No fiscal impact; No Public Benefit Recipient.)

	Enacted Number:	136-03
	FINALLY PASSED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendation of the Land Use Committee

030643	[Street Vacation for Metro East Project]
	Ordinance ordering the summary vacation of portions of 26th Street, Michigan Street, Georgia Street and Louisiana Street; making findings pursuant to the California Streets and Highways Code, Chapter 4, Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and ratifying acts and authorizing actions in furtherance of the ordinance. (Real Estate Department) (No Public Benefit Recipient.)

	Enacted Number:	140-03
	FINALLY PASSED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

NEW BUSINESS

Recommendations of the City Services Committee

030365	[Funding Levels for Department of Aging and Adult Services]	Supervisors Newsom, Dufty, Ma, Daly
	Resolution urging the Mayor to maintain funding levels for services for older adults and adults with disabilities served by and through the Department of Aging and Adult Services.
	Amended on page 2, lines 18 and 19 by striking "urge the Mayor to" and by inserting "support maintaining the" and further amended on page 2, line 17 after "Commission" by inserting "in".

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




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

030692	[Accept- Expend Proposition 13 Grant]		Supervisor Peskin
	Resolution authorizing the Department of the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $1 million from the Proposition 13 account for the removal of Niles and Sunol dams. (Public Utilities Commission) (No Public Benefit Recipient.)

	Enacted Number:	369-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030746	[Mental health services to HIV positive women and their adult family members amendment 2]
	Resolution authorizing the San Francisco Department of Public Health, HIV Mental Health Program at the Center for Special Problems (SFDPH, CSP) to enter retroactively into an agreement, Amendment Number 2, in an additional amount of $30,000 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to provide outpatient mental health services to women who have HIV and their adult family members, for the period of August 1, 2002 to July 31, 2003. (Public Health Department) (No Public Benefit Recipient.)

	Enacted Number:	373-03
	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

030577	[Parental Leave]	Supervisor Daly
	Ordinance approving rules for administration, interpretation and regulation of Parental Leave as submitted by the Department of Human Resources. (Fiscal impact.)


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

030609	[Appropriate funding from the sale of certificates of participation for the Juvenile Hall Reconstruction Project]	Mayor, Supervisor Hall
	Ordinance appropriating $42,052,080 from the sale of certificates of participation by the Mayor's Office of Criminal Justice to fund the Juvenile Hall Reconstruction Project for fiscal year 2002-03. (Mayor) (Fiscal impact.)


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

030631	[Competitive Bid and Prevailing Wage Exemption for Job Training Program - San Francisco Conservation Corps]	Supervisors Maxwell, Newsom, Peskin
	Ordinance exempting the San Francisco Conservation Corps from the prevailing wage requirements and waiving the competitive bid requirements for the Recreation and Park Commission's award of a contract for construction of playgrounds, restoration of natural areas and implementation of erosion control measures in San Francisco parks.


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

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.)
	Supervisor Hall requested to divide this item. Question concerning the appropriation of $1,050,000 from the General Fund Reserve to cover over expenditures in legal expenses associated with the Conflicts Panel (Indigent Defense) Program was divided and considered separately under File. No. 031091.

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

Ordinance appropriating $150,000 in the Child Support Services Fund to cover over-expenditures in legal expenses associated with the Conflicts Panel (Indigent Defense) Program consisting of $150,000 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.)


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

031091	[Funding for the over expenditures in the Conflict Panel (Indigent Defense) Program]
	Ordinance appropriating $1,050,000 from the General Fund Reserve to cover over-expenditures in legal expenses associated with the Conflicts Panel (Indigent Defense) Program consisting of $350,000 carried forward from FY 2001-02 and $700,000 of FY 2002-03 for the Superior Court for fiscal year 2002-03. (Fiscal impact.)
	Divided from File No. 030683.

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



	Supervisor Hall moved to rescind the previous vote. Motion carried without objection.




	PASSED ON FIRST READING AS AMENDED by the following vote:
	Ayes: 9 - Ammiano, Daly, Dufty, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 2 - Hall, Ma

030742	[Appropriation, $1,600,000 - Department of Elections]	Supervisors Gonzalez, Daly
	Ordinance appropriating funding not to exceed $1,600,000 from the General Fund Reserve for professional services to implement a ranked-choice voting system for the Department of Elections for fiscal year 2002-03. (Fiscal impact.)


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

030845	[Appropriation - $776,000, Department of Elections]
	Ordinance appropriating $526,000 from the General Fund Reserve to implement the ranked-choice voting public education plan for the Department of Elections for fiscal year 2002-03.


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

Ordinance appropriating $776,000 from the General Fund Reserve to implement the ranked-choice voting public education plan for the Department of Elections for fiscal year 2002-03, placing $250,000 on reserve by the Finance Committee.


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

030342	[Accept and Expend Federal Grant Funds Under the Airport Improvement Program (AIP)]
	Resolution authorizing the Airport Commission to accept and expend grant funds in a total amount of $26,759,043 from the Federal Aviation Administration, and any subsequent amendments offered by the Federal Aviation Administration: $24,259,043 to be expended on standard Airport improvements (A.I.P 23, Project No. 3-06-0221-23); and $2,500,000 for Airport security improvements (A.I.P 24, Project No. 3-06-0221-24). (Airport Commission) (Public Benefit Recipient.)

	Enacted Number:	363-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030505	[Outreach Advertising]
	Resolution designating the Asian Week to be outreach newspaper of the City and County of San Francisco for the Chinese community for outreach advertising for the fiscal year commencing July 1, 2003 and ending June 30, 2004; and designating El Mensajero and the Bay Area Reporter to be outreach newspapers for the Hispanic and Lesbian, Gay, Bisexual and Transgender communities for the fiscal year commencing July 1, 2003 and ending June 30, 2004. (Purchaser) (Fiscal impact; No Public Benefit Recipient.)


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

030506	[Official Advertising]
	Resolution designating the San Francisco Independent to be the official newspaper of the City and County of San Francisco for the category of Type 2 non-consecutive day official advertising, for the period of July 1, 2003 and ending August 30, 2003. (Purchaser) (Fiscal impact; No Public Benefit Recipient.)


	NOT ADOPTED by the following vote:
	Ayes: 5 - Dufty, Hall, Ma, Maxwell, Newsom Noes: 6 - Ammiano, Daly, Gonzalez, McGoldrick, Peskin, Sandoval

030653	[Mayor's Summer Food Service Program]		Supervisors Ma, Newsom
	Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $420,350 from the United States Department of Agriculture for Mayor's Summer Food Service Program. (Mayor) (No Public Benefit Recipient.)

	Enacted Number:	359-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030693	[Prevailing Wage Rates]
	Resolution fixing the prevailing wage rates for workers in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City. (Civil Service Commission) (No Public Benefit Recipient.)

	Enacted Number:	370-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030730	[Sale of Assessor's Block 3740, Lot 27 to Redevelopment Agency for $10,034,140]
	Resolution approving the sale of real property commonly known as Assessor's Block 3740, Lot 27 (consisting of approximately 34,057 square feet and located along the west side of Spear Street between Folsom and Howard Streets) to the San Francisco Redevelopment Agency for $10,034,140. (Mayor) (Public Benefit Recipient.)

	Enacted Number:	371-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

030752	[Purchase of Real Property at 1298 Ocean Avenue for the Public Library]		Supervisors Sandoval, Hall, Ma
	Resolution authorizing the execution and performance of an Agreement of Purchase and Sale for Real Estate between the City and County of San Francisco and George Yasbek, a single man (the "Seller"), for the purchase of real property and improvements located at 1298 Ocean Avenue, San Francisco, for use as the Ingleside Branch Library of the San Francisco Public Library; adopting findings under the California Environmental Quality Act; and adopting the findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1. (Fiscal impact; Public Benefit Recipient.)

	Enacted Number:	374-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval



	Supervisor Ammiano was noted absent at 10:45 p.m.

030794	[Exclusive Negotiating Agreement for Development of the Old Mint]		Mayor, Supervisors Daly, Peskin, Newsom, Dufty, Sandoval, Maxwell
	Resolution endorsing the City entering into an Exclusive Negotiating Agreement with the San Francisco Museum and Historical Society for the development of the Old Mint. (Mayor)

	Enacted Number:	375-03
	ADOPTED by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

030795	[Conveyance of Old Mint]		Mayor, Supervisors Daly, Peskin, Newsom, Dufty, Sandoval, Maxwell
	Resolution authorizing the City to accept title to the Old Mint pursuant to a deed and programmatic agreement and adopting findings. (Mayor)

	Enacted Number:	376-03
	ADOPTED by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

030885	[2003 Neighborhood Recreation and Park Facilities General Obligation Bond Sale]		Supervisor Newsom
	Resolution authorizing and directing the sale of not to exceed $20,960,000 City and County of San Francisco General Obligation Bonds (Neighborhood Recreation and Park Facilities Improvement Bonds, 2000), Series 2003A; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Mayor) (No Public Benefit Recipient.)

	Enacted Number:	360-03
	ADOPTED by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

From the Finance and Audits Committee Without Recommendation

030400	[Approval of Lease Amendment for Waterfront Restaurant]
	Resolution approving Fourth Lease Amendment to Port Lease No. L-11859 between the Port Commission and Bundox Restaurant, Inc., a California corporation ("Tenant") for the lease of real property commonly known as the Waterfront Restaurant for the term commencing on November 1, 2002 and ending January 31, 2025. (Port) (Public Benefit Recipient.)

	Enacted Number:	365-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendation of the Land Use Committee

030511	[Accept-Expend Foundation Grant]		Supervisor Newsom
	Resolution authorizing the Department of Environment to accept and expend a grant in the amount of $50,000 from the San Francisco Foundation for locating air monitoring equipment in San Francisco's Bayview Hunters Point community, placing $10,000 on reserve. (Environment) (Public Benefit Recipient.)

	Enacted Number:	366-03
	ADOPTED by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

Recommendations of the Rules Committee

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


	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Daly, Dufty, Gonzalez, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Hall Absent: 1 - Ammiano

030034	[Campaign Finance Reform Amendments of 2003]	Supervisor Gonzalez
	Ordinance amending Article I, Chapter 1 of the Campaign and Governmental Conduct Code by amending sections 1.104, 1.114, and 1.148 to clarify and consolidate definitions; amending section 1.106 to clarify that State law is incorporated; amending section 1.108 to clarify that it applies only to candidates; amending section 1.110 to provide the Ethics Commission discretion to provide additional office hours prior to an election and to conform to minimum state law record retention periods; amending section 1.114 to apply contribution limits to affiliated entity contributions, to authorize the Ethics Commission to determine when contributions must be returned and to reduce or waive forfeiture penalties, and to clarifiy that limits apply to special elections; amending section 1.116 to extend loan limitations to candidates for all City elective offices and to authorize the Commission to adjust these amounts; amending section 1.122 to clarify that campaign funds may be used for officeholder expenses, to provide that certain surplus funds may be donated to charity, and that contributions transferred between a candidate's committees must be attributed to specific contributors; deleting section 1.124 on money laundering because the ordinance already incorporates state law provisions; amending section 1.126 to extend the time period city contractors are prohibited from making contributions to public officials who approve their contracts; amending section 1.128 to provide a penalty for violating an agreement to limit campaign spending; amending section 1.130 to clarify that expenditure ceilings apply in special elections and to reflect that spending limits have been adjusted for inflation; amending sections 1.134 and 1.152, deleting section 1.146 and adding a new section 1.135 to consolidate and harmonize provisions on lifting the spending limits; amending section 1.140 to correct cross-references, to require that candidates file a statement of intent to participate in public financing, to lower to $5,000 the threshold for qualifying for public financing, and to provide additional time for qualifying for public financing, amending section 1.142 to require filing of statement of intent to participate in public financing program; amending section 1.150 to provide that repayment of public funds shall be made to the Ethics Commission, rather than the Controller, for deposit in the Election Campaign Fund; amending section 1.152 to conform language to other amended sections; amending sections 1.144 and 1.154 to extend the time for the Ethics Commission to determine whether pro-ration is required; amending section 1.162 to clarify that the notice provision applies only to mass mailings; amending section 1.163 to require recordkeeping for recorded telephone messages; amending section 1.164 to clarify references; amending section 1.168 to eliminate language suggesting that persons can obtain immunity if they do not receive a response to a request for advice within a specified period of time; amending section 1.170 to increase the penalties for violations of the Ordinance to $5,000, to incorporate penalties described in section 1.172, and to clarify personal and joint and several liability; deleting section 1.172; and amending section 1.174 to clarify that the department of elections shall decline to certify a nomination if a candidate


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

030740	[Amending Rule 4.29 at Board of Supervisors meetings]	Supervisor Gonzalez
	Motion amending Rule 4.29 of the Rules of Order of the Board of Supervisors to provide that at meetings of the Board of Supervisors the recognition of public dignitaries shall occur at 2pm, and the recognition of commendations shall occur at 3pm.
	Continued to June 17, 2003

	President Gonzalez, seconded by Supervisor Daly, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

030426	[Charter Amendment - Creating a Small Business Commission]	Supervisors Daly, Peskin, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick
	Charter amendment (Second Draft) to amend the Charter by adding Section 4.134 to establish a Small Business Commission.
	Continued to June 17, 2003

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

SPECIAL ORDER 2:50 P.M.

030922	[Youth Commission Year End Report]
	Report from the San Francisco Youth Commission. (Clerk of the Board)
	Members of the Youth Commission presented their Year End Report to the Board.

	FILED.

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

030911	[Committee of the Whole - Beilenson Hearing]
	Hearing to consider the Department of Public Health's budget eliminating or reducing medical services. (Beilenson Hearing) (See Public Notice posted outside the Clerk of the Board's Office, Room 244, City Hall) (Clerk of the Board)
	Supervisor Newsom was noted absent at 6:00 p.m. Chief Financial Officer; Department of Public Health reviewed proposed closures with the Board Michael Lyon; opposed to proposed DPH health reductions Danielle White; opposed to proposed DPH health reductions Chezza female speaker; opposed to Paratransit reductions Amilo Gomez; opposed to proposed DPH health reductions, medical interpreters Greg George; opposed to proposed DPH health reductions, AIDS Health Project Abdullah Megaheed; homeless issues Jerry Grace; opposed to proposed DPH health reductions Mary Magannon, nurse at SFGH; opposed to proposed DPH health reductions, medical interpreters, patient referral Hillary Parsons, registered nurse home care; opposed to proposed DPH health reductions, patient referral Ms. Aiello, nurse; opposed to proposed DPH health reductions, patient referral Ed Finchley, medical social worker SFGH; opposed to proposed DPH health reductions; medical interpreters Sarah Weinberg, acupuncturist opposed; to proposed DPH health reductions Jonathan Bernic, Exec. Director of Baker Places; opposed to proposed DPH health reductions Joey Kane, Haight Ashbury Free Clinics; opposed to proposed DPH health reductions, community based organizations Ms. McCloud, representative of the Filipino American Council issues relating to opposed; to DPH reductions for elder individuals Female speaker; save Hope Team Norma Taxin, Directer Filipino Employment Center; opposed to DPH reductions for elder individuals Myrna Lim; opposed to proposed DPH health reductions Dr. Verna Mathes, Drop In Center; opposed to proposed DPH health reductions, women's outreach Cynthia Wong, CAA; opposed to proposed DPH health reductions, medical interpreters James Beck, Deputy Director, Haight Ashbury Free Clinic; opposed to proposed DPH health reductions,

	HEARD AT PUBLIC HEARING.

SPECIAL ORDER 3:00 P.M.

030886	[Appeal, Mitigated Negative Declaration - O'Shaughnessy Dam at the Yosemite National Park]
	Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 16573 adopted May 1, 2003, approving a mitigated negative declaration for the proposed development at O'Shaughnessy Dam at the Yosemite National Park, Tuolumne County. (Restore Hetch Hetchy and Sierra Club Appellants) (Appeal filed May 9, 2003 and May 15, 2003 by Restore Hetch Hetchy and Sierra Club SF Chapter respectively.
	Continued to June 17, 2003

	Supervisor Ammiano, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED. The motion carried by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin Noes: 1 - Sandoval


	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.

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

030887	[Affirming adoption of the negative declaration for the O'Shaughnessy Dam Discharge Modification Project]
	Motion affirming the Planning Commission adoption of the negative declaration for the O'Shaughnessy Dam Discharge Modification Project. (Clerk of the Board)
	Continued to June 17, 2003

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

030888	[Reversing adoption of the negative declaration for the O'Shaughnessy Dam Discharge Modification Project]
	Motion reversing the Planning Commission adoption of the negative declaration for the O'Shaughnessy Dam Discharge Modification Project. (Clerk of the Board)
	Continued to June 17, 2003

	Supervisor Ammiano, seconded by Supervisor Maxwell, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 10 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin Noes: 1 - Sandoval

030889	[Preparation of findings to reverse adoption of the negative declaration for the O'Shaughnessy Dam Discharge Modification Project]
	Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for the O'Shaughnessy Dam Discharge Modification Project. (Clerk of the Board)
	Continued to June 17, 2003

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

SPECIAL ORDER 3:00 P.M.

030838	[Public Hearing - Appeal, Statutory Exemption, Wharf J-10]
	Hearing of persons interested in or objecting to the decision of the Planning Department dated April 15, 2003, approving a statutory exemption from the California the California Environmental Quality Act under Public Resources Code Section 21080(b)(4). (Frank Alioto Company,Inc. Appellant) (Appeal filed May 6, 2003 and supplemented May 7, 2003 by Frank Alioto Company, Inc.; Determination date of Statutory Exemption: April 15, 2003.)
	David Cincotta, Attorney for Appellant, Frank Alioto Co., Inc. Clint Callan, Attorney for Appellant, Frank Alioto Co.. Inc. Ms. Lazio, support of appellant Lynn Jefferson, support of appellant Fr. Louis Vettello, support of appellant Sal Busaalacchi, support of appellant Ernestine Weiss, support of appellant Christopher Martin, Fisherman's Wharf Advisory Committee, support of appellant Mary Roth, Telegraph Hill, support of appellant Al Feggaro, Fisherman's Wharf Advisory Committee, support of appellant Francisco Di Costa, support of appellant Ms. Lazzio, support of appellant Paul Maltzer, Environmental Review Officer, Planning Department reviewed with the Board the Planning Commission's recommendation for the CEQA exemption. Ms. Nieret Mizushima, Chief Harbor Engineer, Diana Oshima, Director of Planning at the Port; and Douglas Wong, Port Director, reviewed with the Board the Port's recommendations. Board Members reviewed and discussed issues with the Port Commission's representatives. Wes Hayes, Marine Engineer, support of the Port project Henry Chang, Engineer, support of the Port project Gary Zacker, Zacker Company, support of the Port project Myrna Lynnn, issues regarding the environmental review A rebuttal period was allowed. David Cincotta and Clint Callan, Attorneys for the Appellant, Frank Alioto Co., Inc. Representative from Holmes Culley Company. The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the public hearing closed.

	HEARD AT PUBLIC HEARING.


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

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

030840	[Finding Appeal of the Statutory Exemption for Wharf J-10 Timely]
	Motion finding the appeal of the statutory exemption issued on April 15, 2003 for Wharf J-10 timely filed. (Clerk of the Board)
	Diana Oshima Director of Planning of the Port Commission, requesting that the Board to find that the appeal was not filed in a timely manner. David Cincotta, Attorney for Appellant Frank Alioto Co., Inc., requesting the Board to find that the appeal was filed in a timely manner. The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the public hearing closed.
	Enacted Number:	M03-96
	Supervisor Newsom, seconded by Supervisor Peskin, 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

030839	[Finding Appeal of the Statutory Exemption for Wharf J-10 Untimely]
	Motion finding the appeal of the statutory exemption issued on April 15, 2003 for Wharf J-10 not timely filed. (Clerk of the Board)


	Supervisor Peskin, seconded by Supervisor Newsom, 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

031045	[Finding of the Statutory Exemption for Wharf J-10 Untimely but Determining to Hear and Determine the Appeal]
	Motion finding the appeal of statutory exemption issued on April 15, 2003 not timely filed but determining to hear and determine the appeal. (Clerk of the Board)


	Supervisor Peskin, seconded by Supervisor Newsom, 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

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



	Supervisor Newsom, seconded by Supervisor Ammiano, moved to continue this matter to June 17, 2003. Motion failed by the following vote: Ayes: 2 - Newsom, Peskin Noes: 9 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Sandoval

030906	[Affirming the statutory exemption issued for Wharf J-10]
	Motion affirming the determination by the Planning Department that the Wharf J-10 project is statutorily exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency. (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

030907	[Disapproving the statutory exemption issued for Wharf J-10]
	Motion disapproving the determination by the Planning Department that the Wharf J-10 project is statutorily exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency. (Clerk of the Board)

	Enacted Number:	M03-92
	Supervisor Peskin, seconded by Supervisor Ammiano, 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

030908	[Preparation of findings to disapprove statutory exemption issued for Wharf J-10]
	Motion directing the Clerk of the Board to prepare findings related to the appeal of the determination by the Planning Department that the Wharf J-10 project is statutorily exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency. (Clerk of the Board)

	Enacted Number:	M03-93
	Supervisor Peskin, seconded by Supervisor Ammiano, 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

COMMITTEE REPORTS

From the Budget Committee

030830	[Public Works Code Permit Fees and Assessment]	Mayor
	Ordinance adding Article 2.1 of the Public Works Code to add sections 2.1.1, 2.1.2, 2.1.3, and 2.1.4 concerning permit fees and occupancy assessments, specifying procedures to establish such permit fees and assessments, amending section 2.4.45 to modify the procedures for fee review and adjustments, and making environmental findings. (Mayor)
	Amended on page 3, line 8, after "that" by deleting "is".

	Supervisor McGoldrick, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED. The motion carried by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano




	PASSED ON FIRST READING AS AMENDED by the following vote:
	Ayes: 7 - Daly, Dufty, Hall, Ma, Maxwell, McGoldrick, Newsom Noes: 3 - Gonzalez, Peskin, Sandoval Absent: 1 - Ammiano

From the City Services Committee

030918	[Halloween in the Castro]		Supervisors Dufty, Ammiano, Ma, Newsom, McGoldrick, Daly, Maxwell
	Resolution recognizing and establishing Halloween in the Castro as an official City event, encouraging the involvement and cooperation of City Agencies to prepare for this year's Halloween and identifying the basic parameters of this event.

	Enacted Number:	381-03
	ADOPTED by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT

	Abdullah Megaheed; homeless 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.

031001	[Legislative Analyst Request]	Supervisors Maxwell, Newsom
	Motion requesting the Legislative Analyst to research and examine the process in which small retail and small food outlet business owners obtain permits before operating their businesses. In particular, sponsor is interested in the number of permits required, the location/s where they are obtained, including application pickup, fee payments, and filing for the permits and whether there are any overlaps and how we can streamline and consolidate the processes to make it easier and more efficient.


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

From the Rules Committee With Recommendation "Do Not Pass"

030837	[Settlement of Lawsuits - Tammy Haygood]
	Ordinance authorizing settlement of federal and state lawsuits and administrative proceedings between the City and County of San Francisco and Tammy Haygood filed in connection with her employment and removal as Director of the Department of Elections including a lawsuit filed on July 17, 2002 in Superior Court, State of California, Case No. CPF 02-501387, entitled City and County of San Francisco, Petitioner v. Civil Service Commission of the City and County of San Francisco, Respondent, Tammy B. Haygood, Real Party in Interest, and a lawsuit filed on July 17, 2002 in United States District Court, Case No. C02-3433 WHA, entitled Tammy B. Haygood v. Michael Mendelson, et al. The material terms of the settlement are Haygood will dismiss with prejudice all claims against San Francisco in these lawsuits and all complaints filed with the California Department of Fair Employment and Housing, the Department of Labor and any other administrative action, and Haygood will reimburse the City for payments of certain wages and benefits if she returns to City employment within two years. (City Attorney) (Public Benefit Recipient.) (Supervisor Dufty dissenting in committee.)


	NOT PASSED ON FIRST READING by the following vote:
	Ayes: 5 - Dufty, Ma, Maxwell, Newsom, Peskin Noes: 6 - Ammiano, Daly, Gonzalez, Hall, McGoldrick, Sandoval

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

City as Plaintiff and Defendant

031014	[Closed Session - Existing Litigation, City as Plaintiff and Defendant]
	Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation and administrative claims in which, in sum, Tammy Haygood challenges her removal as Director of the Department of Elections. 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 litigation and administrative claims listed below. San Francisco v. Civil Service Commission of San Francisco (Tammy Haygood, Real Party In Interest), S. F. Superior Court No. CPF-02-501387 (filed July 15, 2002) Tammy Haygood v. Michael Mendelson, et al., U. S. District Court No. C02-03433 WHA (filed July 17, 2002) Haygood v. Mendelson, Department of Fair Employment and Housing No. E200203A1013-06-amrse (filed January, 2003) Haygood v. San Francisco, California Department of Labor Claim (filed February, 2003 (City Attorney)


	Supervisor Peskin, seconded by Supervisor Daly, moved to convene in Closed Session. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval


	Recess The Board recessed at the hour of 8:15 p.m. to convene in closed session pursuant to the above motion. Reconvening of the Board The Board at the hour of 9:00 p.m. reconvened. Calling the Roll On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval - 11 Quorum present. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board of Supervisors has met in closed session with the City Attorney, under the provisions of Government Code Section 54956.9 (a) for the purpose of conferring with, or receiving advice from, the City Attorney regarding the above existing litigation. Persons in attendance: Supervisors Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Joe Quinn, Deputy City Attorney Ted Lakey, Deputy City Attorney Gloria L. Young, Clerk of the Board Kay Gulbengay, Deputy Clerk Meeting was informational only and no action was taken. Heard in Closed Session.

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

	[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.



	Supervisor Peskin, seconded by Supervisor Daly, moved not to disclose its Closed Deliberations. The motion carried by the following vote:
	Ayes: 11 - Ammiano, Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval

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.

030926	[Homeless Death Count]		Supervisors Newsom, Daly
	Resolution urging the Medical Examiner and the Director of the Department of Public Health, in collaboration with the Mayor's Office of Homelessness, to reactivate the Homeless Death Prevention Community Advisory Board or some other appropriate policy-making group to track and analyze the death of homeless individuals.

	Enacted Number:	400-03
	ADOPTED

030930	[Commend Joe Lynn]		Supervisors Gonzalez, Ammiano, Newsom, Maxwell, McGoldrick, Peskin, Sandoval, Dufty, Ma, Daly, Hall
	Resolution commending Joe Lynn, Campaign Finance Officer of the Ethics Commission for his tireless efforts in promoting the public's right to know the state of campaign finance in San Francisco.

	Enacted Number:	382-03
	ADOPTED

030931	[Commend Chief Juvenile Probation Officer Jesse E. Williams Jr.]		Supervisors Maxwell, Dufty, Hall, Ma, Daly, Newsom
	Resolution commending Chief Juvenile Probation Officer Jesse E. Williams Jr. for his exemplary services and dedication to San Francisco.

	Enacted Number:	383-03
	ADOPTED

030932	[Extension of Planning Commission Review Period]		Supervisor McGoldrick
	Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the San Francisco Planning Code by amending Sections 311 and 312 to require expanded public notice of exterior alteration projects and requiring the Building and Planning Departments to issue implementing regulations within 90 days and report to the Board on the effectiveness of the ordinance no later than nine months thereafter.

	Enacted Number:	384-03
	ADOPTED

030933	[SFUSD to Consider Tagalog/Filipino Language Access for Students]		Supervisors Sandoval, Ma, Daly
	Resolution urging the San Francisco Unified School District to consider Tagalog/Filipino language access and studies as a necessary part of the school system curriculum.

	Enacted Number:	385-03
	ADOPTED

030935	[Healthy Business Environment in Chinatown]		Supervisors Peskin, Ma, Dufty, Hall, Daly, Newsom
	Resolution supporting efforts to foster a healthy, expanding business environment in San Francisco's Chinatown during these economically challenging times.

	Enacted Number:	386-03
	ADOPTED

030936	[SS Jeremiah O'Brien Day]		Supervisors Peskin, Dufty, Hall, Newsom
	Resolution declaring June 19, 2003 SS Jeremiah O'Brien Day in celebration of the 60th birthday of the sole operational survivor of the 5,000 ship armada that stormed Normandy Beachheads on D-Day.

	Enacted Number:	387-03
	ADOPTED

030937	[Supporting Senate Bill 304]		Supervisor Peskin
	Resolution supporting Senate Bill 304 and efforts in the California State Senate to foster greater competition in the retail gasoline market.

	Enacted Number:	388-03
	ADOPTED

030938	[Recycled paper for catalogs]		Supervisors Peskin, Newsom
	Resolution urging the consumer catalog industry to use 50 percent post-consumer recycled paper for catalogs, to preserve natural resources, to conserve landfill space, and to reduce air and water pollution associated with the manufacturing of virgin wood-fiber paper.

	Enacted Number:	389-03
	ADOPTED

030996	[Establishing initial terms of office for three members of the Entertainment Commission appointed by the Board of Supervisors]		Supervisor Hall
	Resolution establishing initial terms of office for the three members of the Entertainment Commission appointed by the Board of Supervisors: James Meko (through June 30, 2007), Terrance Alan (through June 30, 2006), and Erik Joseph Pred (through June 30, 2005).

	Enacted Number:	390-03
	ADOPTED

031041	[Commending San Francisco Food Bank]		Supervisors Daly, Peskin, Ma, Newsom
	Resolution commending the San Francisco Food Bank for their participation in Hunger Awareness Day.

	Enacted Number:	391-03
	ADOPTED

031042	[Supporting National Coalition for the Homeless]		Supervisors Daly, Peskin
	Resolution supporting the National Coalition for the Homeless recommendations to combat hate crimes and/or acts of violence against people experiencing homelessness.

	Enacted Number:	392-03
	ADOPTED

031043	[Destruction of Non-Felony Case Files]		Supervisor Ma
	Resolution authorizing the Office of the Public Defender to destroy non-felony case files eight years after the final disposition of the case.

	Enacted Number:	393-03
	ADOPTED

031044	[Commend Sing Tao Daily]		Supervisors Sandoval, Hall, Ma, McGoldrick, Newsom
	Resolution commending the Sing Tao Daily for 65 years of outstanding service to the Chinese community in the Bay Area.

	Enacted Number:	394-03
	ADOPTED

030965	[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:	M03-95
	APPROVED

030950	[Final Map for a 10 Unit Commercial / Residential Condominium Project]
	Motion approving Final Map of 222 Valencia Street, a Commercial / Residential Condominium Project, being a subdivision of Lot 4 in Assessor's Block No. 3533, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,152; District 6.)

	Enacted Number:	M03-94
	APPROVED





	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

Severed From the Without Committee Reference Agenda

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

030934	[Reconsideration of Board of Supervisors Raise]	Supervisor Newsom
	Resolution requesting that the Civil Service Commission reconsider its decision to give the Board of Supervisors a $74,735 raise.
	Supervisor Gonzalez requested that this matter be referred to Committee.

	REFERRED to the Rules Committee.

	[Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

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.

	[Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.



	Supervisor Dufty, seconded by Supervisor McGoldrick, moved. The motion carried by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 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 Dufty, seconded by Supervisor McGoldrick, moved. The motion carried by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

031052	[Declaring June 16, 2003 Anthony G. Wagner Day]		Supervisors Hall, Dufty
	Resolution honoring Anthony G. Wagner on the occasion of his retirement from the Department of Public Health and declaring June 16, 2003 Anthony G. Wagner Day

	Enacted Number:	395-03
	ADOPTED by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

031056	[Commend Jordy Jones]		Supervisor Dufty
	Resolution commending Jordy Jones.

	Enacted Number:	396-03
	ADOPTED by the following vote:
	Ayes: 10 - Daly, Dufty, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

031059	[Prohibiting the sale or storage of alcohol as an accessory use in dwellings in R or NC Districts]	Supervisor Ma
	Ordinance amending Planning Code section 204.1 to prohibit the sale or storage of alcohol requiring a California Department of Alcoholic Beverage Control liquor license as an accessory use in dwellings in R or NC Districts, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
	6/10/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 7/10/2003.

031060	[Accurately reflect Fire Department member work schedule]	Supervisor Daly
	Ordinance amending Article II, Chapter 16, sections 16.10, 16.11, 16.12, and 16.15 of the San Francisco Administrative Code to accurately reflect workdays for firefighters.
	6/10/03, RECEIVED AND ASSIGNED to Budget Committee.

Resolutions

031050	[Purchase of Property located at 201 Leland Avenue, San Francisco for the Public Library]	Mayor, Supervisors Peskin, Sandoval, Newsom
	Resolution authorizing the execution and performance of an Agreement of Purchase and Sale for Real Estate for the City purchase of real property and improvements located at 201 Leland Avenue, San Francisco subject to a short term lease with the Seller, for use as the Visitacion Valley Branch Library of the San Francisco Public Library; adopting findings under the California Environmental Quality Act; and adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1. (Mayor) (Fiscal impact; Public Benefit Recipient.)
	6/10/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031053	[Accept-Expend State Grant]		Mayor
	Resolution authorizing the Mayor's Office of Emergency Services to accept and expend a grant in the amount of $26,185 from the California Governor's Office on Service and Volunteerism for Citizens Corps activities and the Neighborhood Emergency Response Team Program. (No fiscal impact; No Public Benefit Recipient.)

031054	[Accept and Expend State Grant]	Mayor, Supervisor Sandoval
	Resolution authorizing the Executive Director of the Department of Parking and Traffic and the Director of the Department of Public Works to accept and expend state Transportation Development Act (TDA) Article 3 funds totaling $704,000 for FY 2003-04 for various pedestrian and bicycle projects in the City and County of San Francisco. (Mayor) (No fiscal impact; No Public Benefit Recipient.)
	6/10/03, RECEIVED AND ASSIGNED to Land Use Committee.

031055	[Minimum WageTask Force]	Supervisors Dufty, Ma, Newsom
	Resolution establishing an advisory task force to evaluate the impact and benefits of establishing a San Francisco minimum wage on San Francisco's economy, businesses, and residents and setting forth the membership and duties of the task force.
	6/10/03, RECEIVED AND ASSIGNED to Rules Committee.

031057	[Treasure Island Development Authority Interim Budget]	Mayor
	Resolution approving an interim Budget of the Treasure Island Development Authority for fiscal year 2003-2004. (Mayor) (Fiscal impact.)
	6/10/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031058	[Supplemental appropriation for the Day Labor Program 2003-2004]	Supervisor Ammiano
	Resolution requesting a supplemental appropriation in the amount of $75,000 for the 2002-2003 fiscal year and $90,000 for the 2003-2004 fiscal year to support the operation of the San Francisco Day Labor Program.
	6/10/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031063	[Implementation of Assembly Bill 1421]	Supervisor Newsom
	Resolution urging the Department of Public Health to implement the provisions of Assembly Bill 1421 to establish an Assisted Community Treatment Program (AOT) model in the City and County of San Francisco.
	6/10/03, RECEIVED AND ASSIGNED to City Services Committee.

031066	[SRO Hotel Safety and Stabilization Task Force]	Supervisors Ammiano, Daly
	Resolution expanding the Single Room Occupancy Hotel Safety and Stabilization Task Force increasing the current membership by two seats.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031067	[Commend Norma Pascua Scott]	Supervisor Daly
	Resolution commending the extraordinary services and dedication of Mrs. Norma Pascua Scott to the San Francisco community.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031068	[Commend Alex Mamak]	Supervisors Dufty, Peskin, Newsom, Sandoval
	Resolution commending Alex Mamak upon the occasion of his retirement.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031069	[Commend A Better Chinatown Tomorrow]	Supervisors Peskin, Dufty, Ma, Newsom
	Resolution commending the efforts of A Better Chinatown Tomorrow in rejuvenating the economy of Chinatown.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031070	[Third Amendment to the Management Agreement for Moscone Convention Center and Civic Auditorium]	Supervisor Daly
	Resolution authorizing the City Administrator to enter into a Third Amendment to the Management Agreement for Moscone Convention Center and Civic Auditorium.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031071	[Appointing Ed Harrington to the San Francisco Bay Area Regional Water System Financing Authority]	Supervisor Dufty
	Resolution appointing Edward Harrington, to an indefinite term as a Director of the San Francisco Bay Area Regional Water System Financing Authority.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031072	[Designating Sail San Francisco as official tall ship and training ship]	Supervisors Peskin, Daly
	Resolution designating Sail San Francisco as official tall ship and training ship hosting organization for the City and County of San Francisco and commending Sail San Francisco for its contributions to the small business and tourism revitalization of the waterfront.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031074	[Extension of Planning Commission Review Period]	Supervisor Maxwell
	Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend Section Maps 8 and 8SU of the Zoning Map of the City and County of San Francisco for the property described as Assessor's Block 3978, Lot 1 9bounded by Rhode Island Street, 17th Street, Kansas Street and Mariposa Street) from M-1 (Light Industrial) to NC-3 (Moderate Scale Neighborhood Commercial District) and the 17th Street and Rhode Island Grocery Store Special Use Subdistrict and a companion ordinance to amend the Planning Code by adding Section 781.10 to create the 17th and Rhode Island Grocery Store Special Use Subdistrict.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031075	[Accept-Expend a Gift-in-Place]	Supervisor Newsom
	Resolution authorizing the Recreation and Park Department to accept and expend a gift-in-place valued at $18,000.00 from Mr. Jeffery G. Edwards to the Recreation and Park Department for resurfacing the athletic courts at Julius Kahn Playground.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031076	[Support of Proposed Skate Park at Potrero del Sol Park]	Supervisors Newsom, Dufty, Ma
	Resolution supporting the Skateboarding Task Force and the Recreation and Park Department's recommendation to build a skate park at the Potrero del Sol Park. (No fiscal impact.)
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031077	[Commend Leslie Caron]	Supervisor Newsom
	Resolution commending Leslie Caron for her six decades of outstanding achievement in the theatre and feature films and proclaiming June 30th, 2003 as "Leslie Caron Day" in the City and County of San Francisco.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

030934	[Reconsideration of Board of Supervisors Raise]	Supervisor Newsom
	Resolution requesting that the Civil Service Commission reconsider its decision to give the Board of Supervisors a $74,735 raise.
	5/20/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

	6/10/03, REFERRED to Rules Committee. Supervisor Gonzalez requested that this matter be referred to Committee.

Request for Hearings

031051	[Management Audit of the Controller's Office]	Supervisor Hall
	Hearing for the Controller and Budget Analyst to conduct an entrance conference and any other introductory meetings to begin implementation of the previously approved management audit of the Controller's Office.
	6/10/03, RECEIVED AND ASSIGNED to Rules Committee. Sponsor requests this item be scheduled for consideration at the June 16, June 18, and June 19, 2003 meetings.

031061	[Award process for Office on the Aging FY 2003-04 RFP]	Supervisor Sandoval
	Hearing request for the Department of Aging and Adult Services to report on the application and the selection process for awards from the Office on the Aging's fiscal year 2003-04 Request for Proposals.
	6/10/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031064	[Planning Department Work Plan for FY 2003-04]	Supervisor McGoldrick
	Hearing to consider the priorities of the Department of City Planning in its Work Plan for fiscal year 2003-04.
	6/10/03, RECEIVED AND ASSIGNED to Land Use Committee. Sponsor requests this item be scheduled for consideration at the July 14, 2003 meeting.

031065	[Occupancy Restrictions upon Existing Clubs and Establishments]	Supervisors Dufty, Ammiano
	Hearing to consider the stringent occupancy restrictions placed upon several establishments, including the Pilsner, Lone Star and The Loading Dock. This hearing will allow the San Francisco Fire Department, Department of City Planning, and Department of Building Inspection to outline what caused these reductions in occupancy and possible solutions that protect public safety while maintaining the viability of these longtime establishments.
	6/10/03, RECEIVED AND ASSIGNED to Land Use Committee.

Motions

031049	[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.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031062	[Services in-lieu of cash payment programs]	Supervisors Newsom, Dufty
	Motion directing the Budget Analyst of the Board of Supervisors to analyze how the other 57 counties in the State of California have implemented services in-lieu of cash payment programs.
	6/10/03, RECEIVED AND ASSIGNED to Rules Committee.

031073	[Extending the San Francisco Zoo Audit Select Committee]	Supervisor Ma
	Motion extending the San Francisco Zoo Audit Select Committee.
	6/10/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

030941	[Vacation of easements in approximately 260 square foot portion of the N2 mid-block walkway (Assessor's Block 8706, Lot 2)]
	Ordinance ordering the vacation of two (2) portions of the pedestrian ingress and egress easement and public utility easement in the N2 mid-block walkway (Assessor's Block 8706, Lot 2), within the Mission Bay North Redevelopment Project Area; authorizing a quitclaim of the City and County of San Francisco's rights and interest in the vacated areas; adopting findings that such actions are consistent with the City's General Plan, the eight priority policies of City's Planning Code Section 101.1 and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 174,111; and authorizing other official acts in connection with this ordinance. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,111.)
	5/23/03, RECEIVED AND ASSIGNED to Land Use Committee.

030948	[Ordering vacation of portion of Berry Street at Sixth Street and approving a Property Exchange Agreement in Mission Bay North]
	Ordinance ordering the vacation of a 639.5 Sq. Ft. portion of Berry Street at Sixth Street within the Mission Bay Redevelopment Project Area subject to reservations of certain utility easements in the vacated area; authorizing a quitclaim of the City and County of San Francisco's rights and interest in the vacated area to Catellus Development Corporation ("Catellus"); approving the Property Exchange Agreement (Mission Bay North Plan Area) to acquire certain Catellus properties in exchange for certain City properties; adopting findings that such actions are consistent with the City's General Plan, priority policies of City's Planning Code Section 101.1 and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 174,110; and authorizing official acts in connection with this ordinance. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,110.)
	5/23/03, RECEIVED AND ASSIGNED to Land Use Committee.

030955	[Settlement of Lawsuit - Armenta, et al., v. James Jones Co., et al.]
	Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against the James Jones Company, Mueller Co., Tyco International and Watts industries, for a payment to the City in the amount of $2,890,908; the lawsuit was filed on June 26, 1997 in Los Angeles County Superior Court, Case No. BC 173-487; entitled Los Angeles Department of Water and Power ex rel Armenta, et al., v. James Jones Co., et al. (City Attorney) (No Public Benefit Recipient.)
	6/5/03, RECEIVED AND ASSIGNED to Rules Committee.

031013	[Settlement of Lawsuit - Dillingham Construction N.A. et al., v. City and County of San Francisco, et al.]
	Ordinance authorizing settlement of the lawsuit filed by Dillingham Construction N.A. against the City and County of San Francisco for $2,400,000.00; the lawsuit was filed on March 19, 2001 in San Mateo County Superior Court, Case No. 416236; entitled Dillingham Construction N.A., Inc., et al., v. City and County of San Francisco, et al; other material terms of said settlement are that the settlement amount is to be paid in part through the release of $1,050,000.00 from an unpaid progress payment and the retention account held for SFIA Airport Contract No. 5500.J North Connector Package in exchange for dismissal with prejudice of the lawsuit and the waiver of costs and attorneys fees. (City Attorney) (Public Benefit Recipient.
	6/5/03, RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

030884	[Lease of Real Property]
	Resolution authorizing a lease renewal at 44 Gough Street for the Department of Human Resources. (Real Estate Department) (Public Benefit Recipient.)
	5/22/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030927	[Accept-Expend State Grant]	Supervisors Dufty, Newsom
	Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $15,000 from the State of California Controller's Office for funding technology-related acquisitions to enhance public safety. (Sheriff) (No Public Benefit Recipient.)
	5/27/03, RECEIVED AND ASSIGNED to City Services Committee.

030940	[Vacation of easements in approximately 260 square foot portion of the N2 mid-block walkway (Assessor's Block 8706, Lot 2)]
	Resolution declaring the intention of the Board of Supervisors to vacate two (2) portions of the pedestrian ingress and egress easement and public utility easement in the N2 mid-block walkway (Assessor's Block 8706, Lot 2) within the Mission Bay North Redevelopment Project Area; setting the hearing date for all persons interested in the proposed vacation of the easement areas; and adopting findings that the vacation is consistent with the City's General Plan, the eight priority policies of City Planning Code Section 101.1 and the Mission Bay North Redevelopment Plan; accepting DPW Order No. 174,111; and authorizing other official acts in connection with this Resolution. (Public Works Department)
	5/23/03, RECEIVED AND ASSIGNED to Land Use Committee.

030947	[Mission Bay Street Vacation a portion of Berry Street at Sixth Street]
	Resolution declaring the intention of the Board of Supervisors to vacate a portion of Berry Street at Sixth Street within the Mission Bay North Redevelopment Project Area; setting the hearing date for all persons interested in the proposed vacation of said street area; and adopting findings that the proposed vacation is consistent with the City's General Plan, the eight priority policies of City Planning Code section 101.1 and the Mission Bay North Redevelopment Plan. (Public Works Department) No Public Benefit Recipient; DPW Order No. 174,110.)
	5/23/03, RECEIVED AND ASSIGNED to Land Use Committee.

030952	[STOP Intersections]	Supervisor Sandoval
	Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Alemany Boulevard at Justin Drive, stopping Justin Drive at Alemany Boulevard, north intersection, making this T-intersection an all-way STOP; 15th and De Haro Streets, stopping De Haro Street, making this intersection an all-way STOP; and Eucalyptus Avenue, Junipero Serra Frontage Road and Ocean Avenue, stopping Junipero Serra Frontage Road at Ocean Avenue; and stopping Eucalyptus Avenue at Ocean Avenue, making this five-legged intersection a three-way STOP. (Parking and Traffic Department) (5/28/03: 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. 2637; No Public Benefit Recipient.)
	5/30/03, RECEIVED AND ASSIGNED to Land Use Committee.

030953	[Traffic Regulations, Various Streets]
	Resolution enacting and rescinding traffic regulations on various streets. DIAMOND (TRANSIT ONLY) LANE, AT ALL TIMES - ESTABLISH 4th Street, right lane, between Minna and Mission Streets; and 4th Street, second lane from right curb lane, between Howard and Minna Streets. DIAMOND (TRANSIT ONLY) LANE, FROM 3 PM TO 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH 4th Street, right curb lane, between Clementina and Howard Streets. STREET CLOSURE, EVERYDAY, FROM 10 AM TO 10 PM - EXTENSION OF HOURS Claude Lane, between Bush and Sutter Streets. (This street is already closed everyday, from 10:00 AM to 3:00 PM and then again from 5:30 PM to 10:00 PM. This would simply extend the closure times to be continuous from 10:00 AM to 10:00 PM). NO TURN ON RED - ESTABLISH Drumm Street, southbound, at Market Street. (Parking and Traffic Department) (5/28/03: 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. 2637; No Public Benefit Recipient.)
	5/30/03, RECEIVED AND ASSIGNED to Land Use Committee.

030954	[Parking Regulations, Various Locations]
	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 Webster Street, west side, between Haight and Page Streets (200 block); and Guerrero Street, east side, between 18th and 19th Streets (600 block). RESIDENTIAL PERMIT PARKING AREA "W" (1-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH 25th Street, both sides, between Alabama and Florida Streets (3000 block). RESIDENTIAL PERMIT PARKING AREA "X" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH 20th Street, south side, between Missouri and Texas Streets (1400 block). RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Sanchez Street, both sides, between 27th and Cesar Chavez Streets (1300 block). RESIDENTIAL PERMIT PARKING AREA "G" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Broderick Street, east side, between Post and Sutter Streets (1500 block, even numbers only); Note: No signs will be posted on this block. Broderick Street, east side, between Garden and Post Streets (1400 block; Broderick Street, west side, between Geary Boulevard and Post Street (1400 block); and 2300 block of Post Street, both sides, between Broderick and Divisadero Streets (includes odd addresses 2325 to 2399 and even addresses 2352 to 2398 only); TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH 26th Street, north side, from 40 feet to 245 feet west of Wisconsin Street. RESIDENTIAL PERMIT PARKING AREA "I" (1-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Treat Avenue, both sides, between 24th and 25th Streets (1100 block). TOW-AWAY, NO STOPPING, 3 PM - 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH 4th Street, west side, between Clementina and Howard Streets. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Ocean Avenue, south side, from Harold Avenue to 95 feet westerly. UNMETERED MOTORCYCLE PARKING - ESTABLISH 210-212 Noe Street, west side, 47 feet south of 15th Street (two spaces). TOW-AWAY, NO PARKING, 6 PM TO 6 AM EVERY NIGHT, EXCEPT MUNI BUSES - ESTABLISH Treat Avenue, west side, from 15th Street to 80 feet southerly; and Treat Avenue, east side, from 15th Street to Harrison Street. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Geary Boulevard, south side, between Funston Avenue and Park Presidio Boulevard. NO PARKING ANYTIME - RESCIND TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Geary Boulevard, north side, between Funston Avenue and Park Presidio Boulevard. RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Clement Street, both sides, between 14th and Funston Avenues; Anza Street north side, between 14th and Funston Avenues; and Anza Street, south side, between 14th Avenue and Park Presidio Boulevard. TOW-AWAY, NO PARKING ANYTIME - ESTABLISH 17th Street, south side, from Valencia Street to 86 feet westerly; and Valencia Street, west side, from 73 feet to 196 feet south of 17th Street. RESIDENTIAL PERMIT PARKING AREA "B" - RESCIND RESIDENTIAL PERMIT PARKING AREA "CC" (2-HOUR TIME LIMIT, 9 AM - 5 PM, MONDAY THROUGH
	5/30/03, RECEIVED AND ASSIGNED to Land Use Committee.

031015	[Third Amendment to the Management Agreement for Moscone Convention Center and Civic Auditorium]
	Resolution authorizing the City Administrator to enter into a Third Amendment to the Management Agreement for Moscone Convention Center and Civic Auditorium. (Administrative Services Department) (Fiscal impact; Public Benefit Recipient.)
	6/2/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

Requests Granted

	From: Supervisor Newsom To: City Attorney Requesting/Inquiring: To draft ordinance amending the 2003-2004 Annual Salary Ordinance to entitle City officers or employees called to active duty by the military reserve organization to receive from the City the difference between the amount of the individuals military pay and the amount of the individual would have received as a City officer or employee had the individual worked his or her normal work schedule. From: Supervisor Sandoval To: Department of Aging and Adult Services Requesting/Inquiring: To report on the application and the selection process for awards from the Office on Aging's FY 2003-04-Request For Proposals. Also requesting the Clerk of the Board to send a copy of this letter as well as the response to: Nyree Monroe Southwest Community Corporation Pilgrim Community Center 446 Randolph Street San Francisco, CA 94132

In Memoriams

	Edward "Jack" McCarthy (Supervisor Dufty) Leo J. "Lee" Clardy (Supervisor Dufty) Barbara Ely (Supervisor Newsom) Paul Anthony Farrah (Supervisor Newsom) William West Hauser (Supervisor Newsom) Jo Carol Davidson (Supervisors Sandoval, Ammiano, Dufty)

ADJOURNMENT

	There being no further business, the Board at the hour of 11:29 p.m. adjourned. Gloria L. Young, Clerk 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 July 22, 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.
ú For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ú For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

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

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