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March 12, 2001

Full Board Agendas
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

sf city seal

AGENDA
Monday, March 12, 2001
2:00 PM

Regular meeting


TOM AMMIANO, PRESIDENT
CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO,
SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM
AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE

Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES
Motion to APPROVE the January 22 and January 29, 2001 Meeting Minutes.

AGENDA CHANGES

COMMUNICATIONS

Note: Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget Analyst report
3) Legislative Analyst report
4) Department or Agency cover letter and/or report
5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk.

CONSENT AGENDA
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.

Items 1 through 13

Recommendations of the Audit, Labor and Government Efficiency Committee
Present: Supervisors Newsom, Daly, McGoldrick

1. 010220 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Donald Herbert Holcomb against the City and County of San Francisco for $1,125,000.00; the lawsuit was filed on September 19, 1999 in San Francisco, Case No. 309395; entitled Donald Herbert Holcomb, et al., v. City and County of San Francisco, et al. (City Attorney)
3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

2. 010225 [Western Systems Power Pool] Mayor, Supervisor Newsom
Ordinance amending Ordinance No. 54-92 to increase the authority of the Public Utilities Commission to approve agreements with the Western System Power Pool from one year to periods not to exceed five years.
3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Finance Committee
Present: Supervisors Leno, Peskin, Gonzalez

3. 010208 [Government funding, Hetch Hetchy's power purchases]
Ordinance appropriating $25,400,000 of Hetch Hetchy Operating Fund to fund the purchase of power to meet municipal and contractual obligations for fiscal year 2000-01; placing $1,781,912 on reserve. (Controller)
(Fiscal impact.)

3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

4. 010270 [Appropriation, funding for earthquake relief to India] Mayor, Supervisors Peskin, Newsom
Ordinance appropriating $100,000 from the General Fund Reserve for the Indo-American Trade and Commerce Council's Gujarat Earthquake Relief Fund for fiscal year 2000-01.
3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

5. 010273 [Appropriation, funding the increase of services of the Budget Analyst] Supervisors Ammiano, Gonzalez, Hall
Ordinance appropriating $218,208 of the General Reserve Fund to fund the increase of services provided by the Board of Supervisor's Budget Analyst for fiscal year 2000-01.
(Fiscal impact.)

2/20/2001, SUBSTITUTED. Supervisor Ammiano submitted a substitute ordinance bearing same title.
3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

6. 010204 [Lease of Property for the Visitacion Valley Branch Library]
Resolution authorizing the lease of real property at 45 Leland Avenue for the Library. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Housing, Transportation and Land Use Committee
Present: Supervisors McGoldrick, Daly, Peskin

7. 001901 [Speed limit reduction, portion of Brazil and Persia Avenues] Supervisors Newsom, Hall
Ordinance amending the San Francisco Traffic Code, lowering the speed limit on portions of Brazil and Persia Avenue, from 30 MPH to 25 MPH. (Parking and Traffic Department)
(DPT Order No. 2096.)

3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors McGoldrick, Daly

8. 001903 [Commercial vehicle weight restriction on portion of Mendell Street] Supervisor Newsom
Ordinance adding Section 28.5.52 to the San Francisco Traffic Code, establishing a commercial vehicle weight restriction on a portion of Mendell Street. (Parking and Traffic Department)
(DPT Order No. 2095.)

3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors McGoldrick, Daly, Peskin

9. 010078 [Speed limit regulations along Alemany Boulevard] Supervisor Newsom
Ordinance amending the San Francisco Traffic Code, clarifying the speed limit regulations for Alemany Boulevard. (Parking and Traffic Department)
(DPT Order No. 2144)

3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

10. 010250 [Building Code amendment, exiting from Group R occupancy buildings]
Ordinance amending Section 1004.2.3.2 of the San Francisco Building Code by repealing Exception 7 dealing with exiting from Group R occupancy buildings. (Building Inspection Department)
3/5/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee
Present: Supervisors Gonzalez, Hall, Ammiano

11. 010263 [Appointment]
Resolution appointing L.S., LeChara Johnson, and Melenie Eleneke, terms ending June 1, 2002, to the Transgender Civil Rights Implementation Task Force; residency requirement waived.
(Levi Rena Stolove, succeeding L. J. Irving, [Seat 8, must be a member of the transgender community] for unexpired portion of a two-year term ending June 1, 2002;
LeChara Johnson, succeeding Jo Ellen Fisher, [Seat 9, must be a member of the transgender community] for unexpired portion of a two-year term ending June 1, 2002;
Melenie Eleneki(residency requirement waived), succeeding Dominique Rosa Leslie, [Seat 11, must be a member of the transgender community] for unexpired portion of a two-year term ending June 1, 2002.)

Question: Shall this Resolution be ADOPTED?

Present: Supervisors Gonzalez, Hall

12. 010264 [Appointment]
Resolution appointing Leon Winston, term ending October 1, 2001, to the Drug Abuse Advisory Board.
(Leon Winston, succeeding Marillac Mayorga, [Seat 3, must represent the public at large] for the unexpired portion of a three-year term ending October 1, 2001.)

Question: Shall this Resolution be ADOPTED?

13. 010311 [Appointment]
Resolution appointing Carla Hollis, term ending January 31, 2003, and Michael Thompson, term ending January 31, 2005, to the Veterans Affairs Commission.
(Carla Hollis, succeeding Leonard Grube, [Seat 1, must be a member at-large] for the unexpired portion of a four-year term ending January 31, 2003;
Michael Thompson, succeeding Veronika Cauley, [Seat 2, must be a member at-large] for a new four-year term ending January 31, 2005.)

Question: Shall this Resolution be ADOPTED?

Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated:______________________________________________

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Finance Committee
Present: Supervisors Leno, Peskin, Gonzalez

14. 002067 [Library Fines and Fees] Supervisor Newsom
Ordinance amending the San Francisco Administrative Code by adding Section 8.21-2 to authorize the Library Commission to charge certain fines and fees for the use of library materials and services and ratifying prior fines and fees.
(Supervisor Gonzalez dissenting in Committee.)

1/2/2001, PASSED, ON FIRST READING. Supervisor Newsom requested to be added as co-sponsor.
1/16/2001, SEVERED FROM CONSENT AGENDA. Supervisor Yee requested this matter be severed so it could be considered separately.
1/16/2001, RE-REFERRED to Audit and Government Efficiency Committee.
3/5/2001, CONTINUED ON FIRST READING. Supervisor Peskin requested this matter be continued to March 12, 2001.
Question: Shall this Ordinance be PASSED ON FIRST READING?

NEW BUSINESS

Recommendations of the Finance Committee
Present: Supervisors Leno, Peskin, Gonzalez

15. 010276 [Appropriation, funding various streets and roads rehabilitation project] Mayor
Ordinance appropriating $9,021,349 to fund various local streets and roads rehabilitation projects for the Department of Public Works for fiscal year 2000-01.
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 010315 [Appropriation, funding for the emergency physician services to indigent persons] Supervisors Leno, Newsom
Ordinance appropriating $1,203,219 of Emergency Medical Services Appropriation (EMSA) funds to provide emergency physician services to indigent persons to the Department of Public Health for fiscal year 2000-01. (Public Health Department)
(Fiscal impact.)

2/20/2001, SUBSTITUTED. Supervisor Leno submitted a substitute ordinance bearing same title. This substitute corrects a minor math error in the supplemental.
Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 002187 [Contract between the Dept. of Public Health and Health Advocates, LLP to provide uncompensated care recovery services]
Resolution authorizing the Director of Public Health and the Purchaser to execute a contract between the City and County of San Francisco and Health Advocates, LLP to provide uncompensated care recovery services. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

18. 010221 [Establishing monthly contributions to Health Service System by the City and County, Unified School District, and Community College]
Resolution establishing monthly contribution amount to Health Service Trust Fund. (Human Resources Department)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Economic Vitality, Small Business and Social Policy Committee
Present: Supervisors Sandoval, Newsom, Maxwell

19. 010035 [Liquor License, 2496 3rd Street]
Resolution determining that the issuance of a Type 48 on-sale general public premises liquor license in exchange for a Type 47 on-sale general eating place liquor license to Michael D. Apicelli for the Dogpatch Saloon located at 2496 3rd Street, will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code.
Question: Shall this Resolution be ADOPTED?

20. 010159 [State grant, Long Term Care Innovation] Supervisor Newsom
Resolution authorizing the Department of Aging and Adult Services to accept and expend a grant in the amount of $1,711,753 from the California Department of Aging to develop a web-based information system for integrating community-based long term care services. (Adult and Aging Services)
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Sandoval, Maxwell

21. 010184 [Commendation] Supervisor Yee
Resolution commending Elaine Chao for her continued work on behalf of Asian Americans and her new position as Secretary of Labor.
2/5/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Daly requested this matter be severed so it could be considered separately.
2/5/2001, REFERRED to Economic Vitality, Small Business and Social Policy Committee. Supervisor Daly and Supervisor Ammiano requested this matter be sent to committee.
Question: Shall this Resolution be ADOPTED?

Present: Supervisors Sandoval, Newsom, Maxwell

22. 010258 [Grant funds for Juvenile Probation's Repeat Offender Prevention Program]
Resolution authorizing the Chief Probation Officer for the Juvenile Probation Department to accept and expend a supplemental grant in the amount of Four Hundred Eighty-Three Thousand Seven Hundred Fifty Two Dollars ($483,752), from the State of California Board of Corrections for the Repeat Offender Prevention Program. (Juvenile Probation Department)
Question: Shall this Resolution be ADOPTED?

23. 010259 [Contract with California Youth Authority for Diagnostic and Treatment Services for Juvenile Wards of the Court]
Resolution authorizing the Chief Probation Officer of the Juvenile Probation Department to renew a contract with the California Youth Authority for diagnostic and treatment services and for temporary detention not to exceed 90 days. (Juvenile Probation Department)
Question: Shall this Resolution be ADOPTED?

24. 010260 [Contract with California Youth Authority for Emergency Services for Juvenile Wards of the Court]
Resolution authorizing the Chief Probation Officer of the Juvenile Probation Department to renew a contract with the California Youth Authority for emergency custody of juvenile wards of the Court from the County of San Francisco. (Juvenile Probation Department)
Question: Shall this Resolution be ADOPTED?

Recommendation of Neighborhood Services and Parks Committee
Present: Supervisors Yee, Hall, Sandoval

25. 001758 [Underground District No. 357] Supervisor Yee
Ordinance creating Underground District No. 357 on lower Great Highway from Sloat Boulevard to Taraval Street.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendation of Rules Committee
Present: Supervisors Gonzalez, Hall, Ammiano

26. 010312 [Appointment]
Resolution appointing Supervisor Chris Daly, term ending February 1, 2005, to the Bay Area Air Quality Management District Board of Directors.
(Supervisor Chris Daly, vacant seat, [Seat No. 2, must be a member of the Board of Supervisors or the Mayor] for a new four year term ending February 1, 2005.)

Question: Shall this Resolution be ADOPTED?

27. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney.

28. PUBLIC COMMENT
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.

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.

29. 010424 [Legislative Analyst Request] Supervisors Newsom, Hall
Motion asking the Legislative Analyst to study Municipal Power Authorities in other jurisdictions so that it may be compared and contrasted with the Municipal Utility District measure on the November Ballot.
Question: Shall this Motion be ADOPTED?

30. 010425 [Legislative Analyst Request] Supervisors Maxwell, Leno
Motion asking the Legislative Analyst to research the use and impact of diesel fuel in the City and County of San Francisco, and to research possible alternatives to diesel use.
Question: Shall this Motion be ADOPTED?

31. 010428 [Legislative Analyst Request] Supervisor Leno
Motion asking the Legislative Analyst to report on the amounts, types and sources of funds given by selected California municipalities to other municipalities around the world that have been hit by earthquakes, as well as any criteria they use to determine which cities to aid and to what degree.
Question: Shall this Motion be ADOPTED?

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.

Items 32 through 46

32. 010410 [Release of Lori Berenson] Supervisors Daly, Gonzalez, Leno
Resolution urging the Peruvian government to release Lori Berenson and allow her to return to the United States immediately; calling upon the appropriate committees to investigate potential legislative remedies to be in effect until Ms. Berenson is released; and calling on President George W. Bush to do everything.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 010411 [Lesbian, Gay, Bisexual and Transgender Judges] Supervisors Daly, Leno, Ammiano
Resolution urging Governor Gray Davis to combat homophobia in the judicial system by appointing qualified lesbian, gay, bisexual and transgender Californians as judges.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 010412 [Funding for affordable housing] Supervisor Daly
Resolution endorsing the Senior Action Network's Two Bits for Housing campaign, and urging Mayor Brown to include General Fund support in the amount of $36,000,000 for new affordable housing development in the City's Fiscal Year 2001-2002 budget.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 010413 [Domestic Partner Ceremony] Supervisors Leno, Ammiano, McGoldrick, Maxwell
Resolution authorizing the County Clerk to issue honorary certificates of commitment to each of the domestic partnership couples that participates in the March 29, 2001 domestic partnership ceremony who do not qualify for official domestic partnership certificates because of their residence and/or work status and authorizing he County Clerk to accept donations made to the City and County of San Francisco for these honorary certificates by persons participating in the domestic partnership ceremony.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 010414 [State legislation, SB 987, Bilingual Services Act] Supervisors Leno, Gonzalez, Sandoval, Yee
Resolution urging the California legislature to pass Senate Bill 987 to amend the Dymally-Alatorre Bilingual Services Act and to budget sufficient funds to ensure that state and local agencies charged with implementing the provisions of the Dymally-Alatorre Bilingual Services Act have the financial resources to do so.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 010415 [State Legislation, ABX1 1, solar and wind power] Supervisor Leno
Resolution urging the California State Legislature to pass ABX1 1 which will raise the threshold for net metering eligibility from 10 kilowatts to 1 megawatt to increase incentives for larger solar and wind power systems in California.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 010416 [Zellerbach Family Fund, family literacy program] Supervisor Maxwell
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $32,900 from the Zellerbach Family Fund for providing a family literacy program for women prisoners in the county jail.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 010417 [Riordan High School] Supervisors Newsom, Hall
Resolution congratulating Riordan high school varsity basketball team on its win of the West Catholic Athletic League title and the CCS-division 3 title.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 010426 [Extending Time for Negotiations - Employee Relations Division] Supervisor Newsom
Motion extending time for negotiations pursuant to Charter Section 11.100.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

41. 010427 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Yee, Leno, Peskin, McGoldrick
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
3/5/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

42. 010430 [Final Map of a new 26 unit Live/Work Condominium Project]
Motion approving Final Map of 2130 Harrison Street, a Live/Work Condominium Project, being a subdivision of Lot 25, Assessor's Block No. 3573, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 172,824.)

3/7/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

43. 010431 [Final Map for a 16 unit Live/Work Condominium Project]
Motion approving Final Map of 1000 Pennsylvania Avenue, a Live/Work Condominium Project, being a subdivision of Lot 42, Assessor's Block No. 4224, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 172,821.)

3/7/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

44. 010432 [Final Map of a new 10 unit Residential/Commercial Condominium Project]
Motion approving Final Map of 3439 Sacramento Street, a Residential/Commercial Condominium Project, being a subdivision of Lot 47, Assessor's Block No. 1020, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 172,823.)

3/7/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

45. 010434 [Business tax litigation between the City and various plaintiffs] Supervisor Peskin
Motion approving in principle settlement of business tax litigation between the City and various plaintiffs.
3/7/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

46. 010435 [Final Map, Planned Unit Development, Mission Bay]
Motion approving Final Map, Planned Unit Development, Mission Bay (Blocks N3 and N3A), an 11 Lot Subdivision, being Phase 1 of a Subdivision of Lot 1 in Assessor's Blocks 8704, 8705, 8707 and 8708 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1 and the Mission Bay North Redevelopment Plan and Plan Documents. (Public Works Department)
(DPW Order No. 172,820.)

3/7/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

47. 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).

[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."

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

[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.

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES
Proposed ordinances received from March 1 through noon on March 7, for reference by President to appropriate committee on March 12, 2001.

010433 [Ordinance amendment to increase Consumer Protection License Fees]
Ordinance amending the San Francisco Municipal Code Business and Tax Regulations Code by amending Sections 35, 120, 248, and 249.1, relating to fees for licenses or permits for inspections by the Department of Public Health. (Public Health Department)
3/7/2001, ASSIGNED UNDER 30 DAY RULE to Finance Committee, expires on 4/11/2001.

010437 [Settlement of business tax lawsuits; authorization to make binding settlement offers; authorization to settle unlitigated claims]
Ordinance authorizing settlement of the lawsuits filed by Eastman Kodak Company and General Motors Corporation versus the City and County of San Francisco by payment of a total amount not to exceed $129,000, plus interest; the Eastman Kodak lawsuit was filed on April 22, 1999 in San Francisco Superior Court, Case No. 302983 (Court of Appeal No. A091910), entitled Eastman Kodak Company v. City and County of San Francisco; the General Motors lawsuit was filed on February 24, 1999 in San Francisco Superior Court, Case No. 301510 (Court of Appeal A091914), entitled General Motors Corporation v. City and County of San Francisco; the other materials terms of the settlements are that the settlements shall include any claims for the 2000 tax year, plaintiffs shall not file any claims for refunds otherwise due pursuant to any repeal of the gross receipts tax ordinance for the 2000 tax year, the plaintiffs shall agree to join in an application for a stipulated reversal of the trial court decisions pursuant to California Code of Civil Procedure Section 128; authorizing the City Attorney to make offers to allow judgment pursuant to California Code of Civil Procedure Section 998 in various business tax cases, for a total amount not to exceed $62,888,917; and further authorizing settlement of unlitigated claims, for a total amount not to exceed $718,871. (City Attorney)
3/7/2001, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee.

PROPOSED RESOLUTIONS
Proposed resolutions received from March 1 through noon on March 7, for reference by President to appropriate committee on March 12, 2001.

010400 [Placement of PVC pipes across Miramar Avenue at 1490 Ocean Avenue]
Resolution granting revocable permission to Tosco to occupy a portion of the street area under Miramar Avenue for the purpose of installing and maintaining four (4) schedule 80 polyvinyl chloride pipe (PVC) as part of a recovery/clean up system. (Public Works Department)
(DPW Order No. 172,740.)

3/2/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee.

010429 [Agreement, HIV Vaccine Clinical Trials]
Resolution authorizing the San Francisco Department of Public Health, (SFDPH), subcontractor, to enter into an agreement in the amount of $247,970 with Public Health Foundation Enterprises, Inc. (PHFE), primary contractor, to fund the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a unit of the HIV Vaccine Trials Network (HVTN); retroactive to June 1, 2000. (Public Health Department)
3/6/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Department requests this item be calendared at the March 27, 2001 meeting.

010436 [Federal grant for District Attorney's "Violence Against Women Vertical Prosecution" Program]
Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds made available through the Office of Criminal Justice Planning for a project entitled "Violence Against Women Vertical Prosecution" and waiving indirect costs due to funding constraints. (District Attorney)
3/7/2001, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee.

010438 [State grant to promote healthy eating at the local and regional levels]
Resolution authorizing the Department of Public Health, Community Health Services, to accept retroactively and expend grant funds of $25,000, from the California Department of Health Services for a Project LEAN Nutrition Network project and to enter into an agreement for the use of these funds; providing for ratification of action previously taken. (Public Health Department)
3/7/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee.

010439 [Grant from the State Office of AIDS for a survey of young men residing in low-income neighborhoods]
Resolution authorizing the Department of Public Health, AIDS Office, to accept retroactively and expend grant funds of $50,000 from the State Office of AIDS for a survey of young low-income men and to enter into an agreement for the use of these funds; providing for ratification of action previously taken. (Public Health Department)
3/7/2001, RECEIVED AND ASSIGNED to Public Health and Environment Committee.

010442 [Bank ATM Fees]
Resolution criticizing the United States Comptroller of the Currency's proposed amendment to regulation 12 C.F.R. Section 7.4002(d), which would delete language requiring the Comptroller of the Currency to review National Bank Act preemption of state or local laws limiting national banks' non-interest fees on a case-by-case basis, and urging the Comptroller to withdraw the proposed change. (City Attorney)
3/6/2001, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee.

010445 [Petitions and Communications]
Petitions and communications received from March 1 through noon on March 7, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 12, 2001.

From Office of the Legislative Analyst, submitting report to Public Health and Environment Committee regarding regulations that govern server farms. File 01091 (1)

From Office of the Controller, Audits Division, submitting report concerning the concession audit of Ryan International Airlines, Inc. (2)

From Office of the Mayor, Capital Improvements Advisory Committee, submitting approval of the Department of Public Works' proposal regarding a supplemental appropriation of $9,021,349.00 for local streets and roads rehabilitation projects. File 010276 (3)

From Planning Department, submitting copies of notices recently sent in relations to alleged or confirmed violations on live/work buildings that are alleged to being occupied as offices. (Reference No. 20010129-011) Copy: Supervisor Maxwell (4)

From Mirna Escobar, regarding alleged unpaid wages from Municipal Railway. Copy: Each Supervisor (5)

From Department of Administrative Services, regarding whether San Francisco can implement a program similar to the Santa Clara Valley Transportation Authority Eco Pass. (Reference No. 20010220-006) Copy: Supervisor Newsom (6)

From Terry Rolleri, commenting on several issues: Home Depot in Visitacion Valley, new Board members, and submitting support for the original Neighborhood Clean-up Program. Files 001557, 000370, Copy: Each Supervisor (7)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for ordinance adding regulations governing merger of dwelling units in San Francisco. File 010275 (8)

From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for ordinance adding an alternative procedure for Conditional Use Appeals San Francisco. File 010271 (9)

From concerned citizens, submitting opposition to proposed legislation to authorize taxpayer funds for "elective sex change surgery" for city employees. 5 Letters (10)

From Eric Ratner, submitting support for pick up of "green waste" (branches, weeds, and other organic materials from the garden) by Sunset Scavenger or other garbage company to be recycled. (11)

From Office of the Controller, regarding vacancy of "Bicycle Planner 1" position. (Reference No. 20010212-006) Copy: Supervisor Newsom (12)

From Department of Public Works, submitting approval of a new 19 unit condominium at 1960 Sutter Street; and a 2 Lot Subdivision and 5 Lot Merger at Lots 29, 31, 32, 38 and 44, in Assessor's Block 4991, Jamestown Avenue (vacant lot). (13)

From Department of Human Services, responding to the allegation that 44 homeless people were turned away at the Multi Service Center South shelter on January 24, 2001. (Reference No. 20010129-023) File 010191, Copy: Supervisor Ammiano (14)

From Department of the Environment, regarding power demands, potential health and environmental impacts of server farms in San Francisco. (Reference No. 20010129-008) File 010191, Copy: Supervisor Maxwell (15)

From Recreation and Park Department, regarding maintenance and security at Cow Hollow Playground in the Marina district of San Francisco. (Reference No. 200101`29-018) Copy: Supervisor Newsom (16)

From Recreation and Park Department, submitting request for release of reserved funds ($1,214,826) placed on reserve as a part of fiscal year 2000/01 budget to enable the department to recruit the necessary staff to manage, design, and construct those facilities anticipated in the Department's Capital Plan; a supplemental appropriation of 17,060,000 in General Obligation Bonds, Series 2001A, Golden Gate Park Improvements, 1992; and a supplemental appropriation of $14,060,000 in General Obligation Bonds, Series 2001B, Neighborhood Park and Recreation Facilities Improvement Bonds, 2000, bond appropriations to fund the management, design and construction of Golden Gate Park and various neighborhood parks throughout San Francisco. (17)

From Public Library, regarding proposed legislation to authorize the Library Commission to charge certain fines and fees for the use of library materials and services. File 002067 (18)

From US Army Corps of Engineers, submitting public notice dated (February 26, 2001) announcing proposed project to restore navigability and boat access to the homes along the Bahia lagoon located along the Petaluma River, in the easternmost portion of City of Novato in northern Marin County. (19)

From US Army Corps of Engineers, submitting public notice dated (February 27, 2001) announcing proposed project to construct 194 residential housing units on the 2290 Fulton Road project site, located northwest of Santa Rosa, Sonoma County. (20)

From Emeric Kalman, regarding the Controller's audit of Marina Harbor, dated June 2, 2000. File 001638 (21)

From Supervisor McGoldrick, submitting appointment of Diana Ming Chan to the Delinquency Prevention Commission. Rules Committee (22)

From Supervisor Ammiano, submitting appointment of Supervisor Sophie Maxwell to the State Legislation Committee for a one year term beginning March 1, 2001. Copy: Rules Committee (23)

From Center for the Preservation of Horses, John Jenkel, regarding the transfer of Hera to the Marin Humane Society. (24)

From Judicial Council of California, submitting Superior Court deposit statement for the month ending January 2001. (25)

From District Six Coalition, submitting comments about the alleged behavior of Frederick Hobson on various occasions. 3 Letters (26)

From State Department of Fish and Game, regarding information needed to submit a proposal for the fishery restoration project. (27)

From Planning Department, regarding business service determinations under the Planning Code. (Reference No. 20010205-005) Copy: Supervisor McGoldrick (28)

From Human Rights Commission, submitting copy of Human Rights Commission's Annual Report and Executive Director's Quarterly Report, pursuant to the reporting requirements of Chapter 12D.A of the Administrative Code. (29)

From Department of Public Health, submitting four Underground Storage Tank Unauthorized Release (Leak) Contamination Site Reports for the following addresses: 2090 Green Street, 827 Hyde Street, 2100 Bryant Street, 2479 Marin Street. Public Health and Environment Committee (30)

From various signators, submitting Form 700 Statement of Economic Interests: (31)
Nathan Purkiss

From John Cailleau, commenting on various issues: the appointment of Elaine Chao as United States Labor Secretary and supporting a resolution requiring Amtrak to make all trains completely smoke free. File 010184 (32)

From Department of Human Resources, regarding proposed resolution "Standard of Conduct for City Commissioners. Copy: Each Supervisor (33)

From Port of San Francisco, transmitting monthly Storm Water Management report submitted on February 28, 2001 to the Californian Regional Water Quality Control Board. (34)

From Department of Parking and Traffic, submitting proposed plans for the East Entrance to Golden Gate Park, including portions of John F. Kennedy Drive, Stanyan Street and Fell Street to improve pedestrian and bicycle circulation through the area while still accommodating motorists. (Reference No. 2001029-016) Copy: Supervisor Newsom (35)

From Jewish War Veterans of the U.S.A., submitting support for the appointment of Raymond Wong to the Veterans Affairs Commission. File 010311, Copy: Supervisors Ammiano, Gonzalez, Hall (36)

From Office of the Treasurer, submitting report on the cash difference and overage funds for the period ending February 28, 2001. (37)

From Office of the Sheriff, submitting additional details on expenditures related to budget allocations for the Treasure Island Brig. File 010145 (38)

From Governor's Communications Office, submitting press release regarding the energy crisis; and attendance of the Governor at the memorial service at Santana High School in Santee, California. (39)

From Corinne de Ciofalo-Guell, commenting on taxi service provided by the Yellow Cab Company. (40)

From concerned citizens, regarding proposed legislation to authorize the Library Commission to charge certain fines and fees for the use of library materials and services. File 002067, Copy: Each Supervisor (41)

From Irv Golden, submitting announcement of memorial service for victims of the Holocaust on April 22, 2001 at Lincoln Park Site of the Holocaust Memorial. Copy: Each Supervisor (42)

From Paul Lubin, submitting support for the current law on commenting that Tenancies In Common (TICs) are a viable and affordable way for people to own property in San Francisco. File 010226, Copy: Each Supervisor (43)

From Office of the Treasurer, submitting correspondence and its attachments showing the investment activity (for fiscal year to date) of the portfolios under management. (44)

From San Francisco Tomorrow, submitting resolution opposing use of Proposition E set-aside moneys on Main Library repairs and improvements. (45)

From Senate Rules Committee, submitting appointment of Beverly Alves of Princeton, Alan B. Brizard of Patterson, and Mark C. Salvaggio of Bakersfield as members of the Regional Water Quality Control Board, Colorado River Basin. (46)

From J. MacMornna, concerning justice from crack dealer. (47)

From Charles Ware, Oppose use of city funds to ask students to skip school to attend a rally in Berkeley. (48)

ADJOURNMENT

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 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 ringing and use of cell phones, pagers and similar sound-producing electronic devices is prohibited. Violators may be removed from the meeting room. 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 AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are televised on channel 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 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.

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: #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.

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 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) 554-5784 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
Last updated: 8/18/2009 1:46:31 PM