Agenda & Minutes Archive
Board of Supervisors
City and County of San Francisco
Legislative Chamber - Second Floor
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
AGENDA - DRAFT
Friday, March 12, 1999
2:00 PM
regular meeting
TOM AMMIANO, PRESIDENT
ALICIA BECERRIL, SUE BIERMAN, AMOS BROWN, LESLIE KATZ,
BARBARA KAUFMAN, MARK LENO, GAVIN NEWSOM,
MABEL TENG, MICHAEL YAKI, LELAND Y. YEE
Gloria L. Young, Clerk of the Board
| ROLL CALL AND PLEDGE OF ALLEGIANCE
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| APPROVAL OF MEETING MINUTES
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| CONSENT AGENDA
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| All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.
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| Recommendations of the Audit and Government Efficiency Committee
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| Present:
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| 1. | 990134
| [Simca Harris v. CCSF, et al.]
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| Ordinance authorizing settlement of litigation of Simca Harris against the City and County of San Francisco by payment of $33,383.87. (City Attorney)
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| (U.S. District Court No. C97-4614 PJH)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| 2. | 990209
| [Gertrude Stern v. CCSF, et al.]
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| Ordinance authorizing settlement of litigation of Gertrude Stern against the City and County of San Francisco by payment of $80,000. (City Attorney)
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| (S.F. Superior Court No. 988-192.)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| 3. | 990248
| [Settlement of Claims, Ownership of 529 and 525 Hickory St.]
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| Ordinance approving the settlement of unlitigated claim of Joshua K. Clayton and David Stoddard Lambertson for the ownership of the property fronting 529 and 525 Hickory Street, accepting quitclaim deeds from the claimants, and granting easements to the claimants. (Real Estate Department)
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| (Companion measure to File 990247.)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| 4. | 990331
| [American - Arab Discrimination Committee, et al. v. CCSF, et al.]
| Supervisor Kaufman
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| Ordinance authorizing settlement of litigation of American-Arab Anti-Discrimination Committee, et al., against the City and County of San Francisco by payment of $47,500.
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| (Case No. 93-6358-RAP.)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| Recommendations of the Finance and Labor Committee
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| 5. | 981933
| [Police Department Executive Appointments]
| Supervisors Leno, Bierman
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| Ordinance amending Administrative Code Section 2A.76 to allow for appointments to non-civil service exempt ranks of the Police Department to be made from the ranks of lieutenant and above.
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| (Amends Section 2A.76.)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| 6. | 981934
| [Police Department Executive Appointments]
| Supervisors Leno, Bierman
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| Ordinance amending Administrative Code Section 2A.77 to allow the Chief of Police to appoint exempt non-civil service executives from the rank of lieutenant and above.
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| (Amends Section 2A.77.)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| 7. | 990115
| [Appropriation, Mayor’s Office-Peninsula Corridors Joint Powers Board]
| Supervisor Bierman
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| Ordinance appropriating $830,921, Mayor’s Office, General Fund Reserve, to increase the appropriation amount for the Peninsula Corridor Joint Powers Board Agency subsidy payments for fiscal year 1998-1999. (Controller)
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| (Fiscal Impact.)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| Recommendations of the Housing and Social Policy Committee
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| 8. | 990332
| [Underground District 345, Lincoln Way]
| Supervisor Bierman
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| Ordinance creating Underground District No. 345 on Lincoln Way from Eighth Avenue to 26th Avenue.
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| 9. | 990333
| [Underground District 346, Taraval Street]
| Supervisor Bierman
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| Ordinance creating Underground District No. 346 on Taraval Street from 19th Avenue to Lower Great Highway.
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| Recommendations of the Parks and Recreation Committee
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| 10. | 990187
| [Grant - State]
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| Resolution authorizing the Recreation and Park Department to apply for, accept and expend a $1,970,000 grant for the restoration of the Conservatory of Flowers, Golden Gate Park; a $492,500 grant for the construction of King Pool; and a $197,700 grant for Lake Merced habitat restoration, all received from the Sate of California General Fund during fiscal year 1998-1999. (Recreation and Parks Department)
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| Question: Shall this Resolution be ADOPTED?
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| Recommendations of the Public Health and Environment Committee
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| 11. | 990137
| [Lead Hazard Reduction Citizens Advisory Committee Membership]
| Supervisors Bierman, Newsom
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| Ordinance amending Health Code Section 1608 to delete subparagraph 1608(b)(13); to correct the number of committee members; renumbering subparagraphs 1608(b)(14) and (15); to clarify the intent of the Board that ex officio members are non-voting members of the committee and whose number is not to be considered in determining the quorum of the committee; and to make minor typographical corrections.
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| (Amends Section 1608.)
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| 3/8/1999, PASSED, ON FIRST READING. Supervisor Newsom requested to be added as co-sponsor.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| Recommendations of the Public Utilities and Deregulation Committee
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| Recommendations of the Rules Committee
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| 12. | 990199
| [Elimination of the Telecommunications Policy Committee]
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| Ordinance amending Administrative Code by repealing Sections 11.40 through 11.44 pertaining to the Telecommunications Policy Committee. (Clerk of the Board)
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| (Repeals Sections 11.40 through 11.44.)
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| 3/8/1999, PASSED, ON FIRST READING.
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| Question: Shall this Ordinance be FINALLY PASSED?
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| Recommendations of the Small Business, Economic Vitality and Consumer Services Committee
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| Recommendations of the Transportation and Land Use Committee
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| 13. | 990019
| [Parking Regulations, Various Locations]
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Resolution enacting and rescinding parking regulations at various locations:
10-MINUTE PARKING TIME LIMIT, 3 PM - 6 PM, EVERYDAY - RESCIND
Willow Street, north side, from Polk Street to 100 feet easterly (100-foot zone)
NO PARKING ANYTIME, EXCEPT VEHICLES WITH MUNI PERMITS - ESTABLISH (One-Year Trial Period)
Geneva Avenue, south side, from 55 feet to 395 feet east of San Jose Avenue (340-foot zone)
San Jose Avenue, west side, from 80 feet to 490 feet south of Geneva Avenue (410-foot zone) (Parking and Traffic Department)
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| Question: Shall this Resolution be ADOPTED?
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| Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated: ________________________________________
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| Recommendations of the Public Utilities and Deregulation Committee
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| Recommendations of the Rules Committee
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| Recommendations of the Small Business, Economic Vitality and Consumer Services Committee
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| Recommendations of the Transportation and Land Use Committee
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| Recommendations of the Audit and Government Efficiency Committee
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| Recommendations of the Finance and Labor Committee
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| 14. | 990246
| [Appropriation, Dept. of Public Works]
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| Ordinance appropriating and certifying $89,967, Department of Public Works, for a capital improvement project (Ashbury water storage tank) to cover ten percent (10%) overage as per Charter Section 7.203, providing for ratification of action previously taken, for fiscal year 1998-1999. (Controller)
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| Question: Shall this Ordinance be FINALLY PASSED?
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| 15. | 990186
| [Lease Amendment, Airport - U.S. Postal Service]
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| Resolution approving retroactive to July 8, 1998, First Amendment to lease of Airmail Field Post Office for increase in acreage and adjustment to rental to allow for expansion of the airmail facility between United States Postal Service and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
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| Question: Shall this Resolution be ADOPTED?
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| 16. | 990206
| [Airport Revenue Bonds]
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| Resolution approving the issuance of up to $165,000,000 additional aggregate principal amount of San Francisco International Airport Second Series Revenue Bonds for the purpose of financing or refinancing certain infrastructure improvements at San Francisco International Airport, approving the substitution of a Letter of Credit for the San Francisco International Airport Commercial Paper Program, and approving the extension of the Airport’s Refunding Bond authorization to April 30, 2003. (Airport Commission)
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| Question: Shall this Resolution be ADOPTED?
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| 17. | 990237
| [Police Sublease for Hunters Point Naval Shipyard]
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| Resolution authorizing the Director of Real Estate to enter into an amended and restated sublease on behalf of the San Francisco Police Department with the San Francisco Redevelopment Agency for the continued use of Building 606 at the Hunters Point Naval Shipyard and adding thereto certain adjacent property for use as a helicopter landing pad. (Real Estate Department)
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| Question: Shall this Resolution be ADOPTED?
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| 18. | 990256
| [Lease Amendment]
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| Resolution authorizing a second amendment of a 40-year lease of Public Utilities land located in the City of Santa Clara for parking and landscaping to MELP VII L.P., lessee. (Public Utilities Commission)
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| Question: Shall this Resolution be ADOPTED?
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| Recommendations of the Housing and Social Policy
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| Recommendations of the Housing and Social Policy Committee
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| Recommendations of the Public Health and Environment Committee
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| Recommendations of the Public Utilities and Deregulation Committee
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| Recommendations of the Rules Committee
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| Recommendations of the Small Business, Economic Vitality and Consumer Services Committee
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| Recommendations of the Transportation and Land Use Committee
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| Board of Supervisors Sitting as a Committee of the Whole
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| Committee of the Whole Rise and Report Without Recommendation
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| COMMITTEE REPORTS
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| Reports from committees, if any, recommending emergency or urgent measures.
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| ROLL CALL FOR INTRODUCTIONS
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| Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney.
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| PUBLIC COMMENT
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| An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak. The President or the Board may limit the total testimony to 30 minutes.
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| Conference with City Attorney - Litigation
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[Convene in Closed Session]
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 as permitted by Government Code regarding the following litigation:
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| 21. | 982104
| [Potential Litigation]
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| Anticipated litigation (concerning City’s deferred compensation plan) as plaintiff, as permitted by Government Code Section 54956.9(c).
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| After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.
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[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above.
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[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.
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| Conference with Labor Negotiator - Collective Bargaining
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[Convene in Closed Session]
Motion that the Board of Supervisors convene in closed session with Employee Relations Director and/or staff for the purpose of reviewing the City’s position and instructing its designated representatives concerning collective bargaining negotiations involving all forms of compensation (including wages, hours, benefits, and working conditions), as authorized by Government Code Section 54957.6.
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| After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.
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[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 possible litigation.
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[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.
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| FOR ADOPTION WITHOUT COMMITTEE REFERENCE
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| Questions on the For Adoption Without Committee Reference Agenda:_________________________________________
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| IMPERATIVE AGENDA
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| 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).
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[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."
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[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.
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[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.
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| [Imperative Resolutions, if any]
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| Meeting Procedures
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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 persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying. Thus applause and booing are both contrary to Board requirements. The Board does not permit signs to be brought into the meeting or displayed in the room.
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.ci.sf.ca.us/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are televised on channel 26. For video tape copies and scheduling call (415) 557-4293.
Cell phones and pagers are not allowed in the room during a meeting.
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 by the Clerk of the Board of Supervisors at least 48 hours before the meeting. For meetings on a Monday or a Tuesday, the request must be made by noon of the last business day of the preceding week.
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| Disability access
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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: #42 Downtown Loop, 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.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting:
For American Sign Language interpreters, use of a reader during a meeting, or sound enhancement system, contact Violeta Mosuela at (415) 554-7704.
For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
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. Please help the City to accommodate these individuals.
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| Know Your Rights Under the Sunshine Ordinance
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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 more 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 Clerk of the Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, by phone at (415) 554-7724, by fax at (415) 554-5163 or by email at Donna_Hall@ci.sf.ca.us
Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.ci.sf.ca.us/bdsupvrs/sunshine.htm
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