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April 16, 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

seal of the city and county of sf

AGENDA
Monday, April 16, 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 March 12, 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.
Recommendations of the Audit, Labor and Government Efficiency Committee
Present: Supervisors Newsom, Daly, McGoldrick
Items 1 through 12
1. 010514 [Settlement of Lawsuit]
Ordinance authorizing settlement of the lawsuit filed by Sarona Collins and James Dannenberg against the City and County of San Francisco for $125,000; the lawsuit was filed on January 26, 2000 in Superior Court, Case No. 309-463; entitled Sarona Collins and James Dannenberg, et al., v. City and County of San Francisco, et al.; the City agrees that it will attempt to expedite the payment of this settlement. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
2. 010474 [Settlement of Claim]
Resolution approving the settlement of the unlitigated claim filed by Kathleen Kuda against San Francisco for $87,500; claim was filed on November 3, 2000; additional material term of said settlement is the signing of a release of CF liability against the City and County of San Francisco. (City Attorney)
(Claim Number 01-01214.)
Question: Shall this Resolution be ADOPTED?
3. 010548 [Gift Acceptance, Public Library]
Resolution authorizing the San Francisco Public Library to accept and expend a gift of $31,000 from the Friends and Foundation of the San Francisco Public Library to develop specified collections of books, magazines, video/audio resources and DVD’s. (Public Library)
Question: Shall this Resolution be ADOPTED?
Recommendations of the Finance Committee
Present: Supervisors Leno, Gonzalez
4. 010472 [Extension of real property lease at 575 Polk Street]
Resolution authorizing exercise of option regarding an extension of a real property lease at 575 Polk Street, on behalf of the Superior Court of San Francisco. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?
5. 010473 [Acquisition of noise easements for insulation of four religious assembly buildings and one skilled-nursing facility]
Resolution authorizing the acquisition of 5 noise easements for properties located in the City of San Bruno. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?
6. 010532 [Bicycle Transit Improvements at Cesar Chavez] Supervisors Maxwell, Ammiano
Resolution approving the Cooperative Agreement between the City and County of San Francisco and the State of California Department of Transportation concerning the construction and financing of a bicycle overcrossing and at-grade pedestrian/bicycle path widening on Highway 101 at Cesar Chavez Street in San Francisco and directing and ratifying certain actions in connection with this Resolution.
Question: Shall this Resolution be ADOPTED?
Recommendation of the Neighborhood Services and Parks Committee
Present: Supervisors Yee, Hall, Sandoval
7. 010452 [Library Fee Amnesty Program] Supervisors Yee, Hall, Sandoval, Daly
Ordinance amending the San Francisco Administrative Code by adding Section 8.21-3 to authorize the Library Commission to establish a Library fee amnesty program to take place during a two-week period prior to July 1, 2001, whereby the Library Commission, after notice and public hearing, is authorized to waive all fees charged for overdue San Francisco Public Library materials based on a finding that this amnesty program is likely to promote the return of needed Library materials or promote the increased use of the Library.
4/9/2001, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Public Health and Environment Committee
Present: Supervisors Maxwell, Yee, Leno
8. 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)
Question: Shall this Resolution be ADOPTED?
9. 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)
Question: Shall this Resolution be ADOPTED?
Recommendations of the Rules Committee
Present: Supervisors Gonzalez, Hall, Ammiano
10. 010212 [Appointment]
Resolution appointing Ted Gulucksen, term ending December 22, 2004, to the Lead Hazard Reduction Citizens Advisory Committee.
Ted Gulucksen, succeeding Rebecca Graff (term expired); Seat 11, must represent tenant organization, for a new four-year term ending December 22, 2004.
Question: Shall this Resolution be ADOPTED?
11. 010444 [Appointment]
Resolution appointing Marie Harrison, term ending April 27, 2004, to the Sunshine Ordinance Task Force.
Marie Harrison, succeeding Marie Lorraine Mallare (resigned); Seat 4, must be appointed from names submitted by New California Media and be a journalist from a racial/ethnic-minority-owned news organization, for a new two-year term ending April 27, 2003.
Question: Shall this Resolution be ADOPTED?
12. 010523 [Appointment]
Resolution appointing Michele Rutherford, indefinite term, to the Children and Families Commission.
Michele Rutherford, succeeding Will Lightbourne (resigned); Seat No. 2, shall be General Manager of Human Services or his/her designee, indefinite term.
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
Recommendations of the Finance Committee
Present: Supervisors Leno, Peskin, Gonzalez
13. 010437 [Settlement of business tax lawsuits; authorization to make binding settlement offers; authorization to settle unlitigated claims] Supervisors Peskin, Leno, Hall, Maxwell, Yee
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 $112,889.78 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 material 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 $63,980,109.06; and further authorizing settlement of unlitigated claims, for a total amount not to exceed $380,576.16.
(Supervisor Gonzalez dissenting in Committee.)
3/12/2001, SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title.
4/2/2001, MOTION to excuse Supervisor Newsom from voting on this matter.
4/2/2001, CONTINUED ON FIRST READING. Supervisor McGoldrick requested his name be removed as co-sponsor.
4/9/2001, CONTINUED ON FIRST READING. Supervisor Ammiano moved to continue consideration to April 16, 2001.
Question: Shall this Ordinance be PASSED ON FIRST READING?
14. 010512 [Settlement of Obligation Bond Issuance] Supervisor Peskin
Resolution providing for the issuance of not to exceed $69,060,000 aggregate principal amount of City and County of San Francisco Settlement Obligation Bonds, Series 2001 (Business Tax Judgment); authorizing the execution, authentication and registration of said bonds; providing for an annual appropriation to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts relating thereto; 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.
(Fiscal impact; companion measure to File 010513.)
(Supervisor Gonzalez dissenting in Committee.)
4/2/2001, MOTION to excuse Supervisor Newsom from voting on this matter.
4/2/2001, CONTINUED. Supervisor Ammiano moved to continue consideration to April 9, 2001.
4/9/2001, CONTINUED. Supervisor Ammiano moved to continue consideration to April 16, 2001.
Question: Shall this Resolution be ADOPTED?
15. 010513 [Settlement of Obligation Bond Sale] Supervisor Peskin
Resolution authorizing and directing the sale of not to exceed $69,060,000 City and County of San Francisco Settlement Obligation Bonds, Series 2001 (Business Tax Judgment); 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 relating thereto; approving the forms of the Official Notice of Sale and the 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 the documents approved herein; 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.
(Fiscal impact.)
(Supervisor Gonzalez dissenting in Committee.)
4/2/2001, MOTION to excuse Supervisor Newsom from voting on this matter.
4/2/2001, CONTINUED. Supervisor Ammiano moved to continue consideration to April 9, 2001.
4/9/2001, CONTINUED. Supervisor Ammiano moved to continue consideration to April 16, 2001.
Question: Shall this Resolution be ADOPTED?
From Finance Committee Without Recommendation
Present: Supervisors Leno, Peskin, Gonzalez
16. 010274 [Business Tax Gross Receipts] Supervisors Gonzalez, Peskin, Maxwell, Hall, Sandoval, Daly, McGoldrick
Ordinance amending the Business and Tax Regulations Code to (1) repeal Section 917.1 of Article 12-A and all of Article 12-B to eliminate the gross receipts method of calculating the tax on businesses; (2) enact a new Article 12 to amend business registration requirements consistent with the repeal of Article 12-B; and (3) enact a new Article 12-B to refund gross receipts-based tax payments for the 2000 tax year to the extent that such payments exceeded businesses’ tax liability for such year as measured by their payroll expense.
(Fiscal impact.)
4/2/2001, MOTION to excuse Supervisor Newsom from voting on this matter.
4/2/2001, CONTINUED ON FIRST READING. Supervisor Ammiano moved to continue consideration to April 9, 2001.
4/9/2001, CONTINUED ON FIRST READING. Supervisor Ammiano moved to continue consideration to April 16, 2001.
Question: Shall this Ordinance be PASSED ON FIRST READING?
NEW BUSINESS
Recommendations of the Finance Committee
Present: Supervisors Leno, Peskin, Gonzalez
17. 010249 [Government Funding, Department of Elections]
Ordinance appropriating $2,411,887 from the General Fund Reserve to fund salaries, fringe benefits, other current expenses, materials and supplies, and equipment for the Department of Elections for fiscal year 2000-2001; placing funds in the amount of $800,000 on reserve; placing an additional $251,000 of previously appropriated Fiscal Year 2000-2001 funds for the Department on reserve; providing for ratification of action previously taken. (Controller)
(Fiscal impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
18. 010529 [Cesar Chavez City Holiday] Supervisors Sandoval, Gonzalez, Daly, McGoldrick, Maxwell, Ammiano
Ordinance amending Chapter 16, Article 1 of the San Francisco Administrative Code by adding Section 16.5 to create an official holiday for March 31st, the birthday of Cesar Chavez.
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendations of the Public Health and Environment Committee
Present: Supervisors Maxwell, Yee, Leno
19. 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); retroactively from the period June 1, 2000 to May 31, 2001. (Public Health Department)
Question: Shall this Resolution be ADOPTED?
20. 010449 [Contract, DPH - University of California, San Francisco]
Resolution authorizing the San Francisco Department of Public Health (SFDPH), subcontractor, to retroactively enter into an agreement in the amount of $124,747.56 with the University of California, San Francisco (UCSF), primary contractor, for the "Behavioral, Basic and Clinical Studies of Post-Exposure Prophylaxis (PEP)" project for the period of September 30, 2000 to August 31, 2001. (Public Health Department)
Question: Shall this Resolution be ADOPTED?
SPECIAL ORDER - 3:00 P.M.
Board of Supervisors Sitting as a Committee of the Whole
21. 010651 [Public Hearing]
Hearing to examine the process of re-drawing the district lines within San Francisco.
(April 9, 2001: Pursuant to motion adopted by the Board of Supervisors.)
Action:___________________________
22. 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.
23. 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.
24. 010648 [Legislative Analyst Request] Supervisor McGoldrick
Motion asking the Legislative Analyst to prepare a report outlining the effects of making pedestrian safety the highest priority in the decision making processes of DPT (and the Municipal Transportation Agency when it takes over the functions of DPT), as well as the effects of making the benchmark for effective pedestrian safety whether the most vulnerable sections of our population have been adequately protected. This report also should study whether other jurisdictions have implemented such policy measures and whether they have been successful in lowering pedestrian injuries and deaths.
Question: Shall this Motion be ADOPTED?
25. 010649 [Legislative Analyst Request] Supervisor Peskin
Motion asking the Legislative Analyst to review and report on best practices in U.S. cities to combat the proliferation of graffiti. This report should include an identification of enforcement strategies, preventive programs and direct legislative actions that have proved successful in combating graffiti, as well as a specific assessment of cities’ reactions to the use of hydrochloric acid in graffiti vandalism.
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 26 through 43
26. 010480 [Planning Department Audit] Supervisors McGoldrick, Sandoval
Motion requesting that a management audit of the Planning Department be added to the audit workplan, be given priority on this workplan, and be conducted at the earliest juncture.
3/21/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
3/26/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick requested this matter be severed so it could be considered separately.
3/26/2001, CONTINUED. Supervisor McGoldrick requested this matter be continued to April 2, 2001.
4/2/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick requested this matter be severed so it could be considered separately.
4/2/2001, CONTINUED. Supervisor McGoldrick moved to continue consideration to April 16, 2001.
Question: Shall this Motion be ADOPTED?
27. 010481 [Amending proposed schedule of management audits of City and County Departments] Supervisor McGoldrick
Motion amending proposed schedule of management audits to be conducted of programs of City and County Departments by the Budget Analyst.
3/21/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
3/26/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick requested this matter be severed so it could be considered separately.
3/26/2001, CONTINUED. Supervisor McGoldrick requested this matter be continued to April 2, 2001.
4/2/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick requested this matter be severed so it could be considered separately.
4/2/2001, CONTINUED. Supervisor McGoldrick moved to continue consideration to April 16, 2001.
Question: Shall this Motion be ADOPTED?
28. 010536 [Business tax litigation funds for San Francisco youth] Supervisor Sandoval
Resolution requesting that businesses included in the settlement of the "Business Tax Litigation" spend settlement monies, other than those needed to pay for legal fees, on programs for San Francisco youth.
3/26/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
4/2/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick, on behalf of Supervisor Sandoval, requested this matter be severed so it could be considered separately.
4/2/2001, CONTINUED. Supervisor McGoldrick, on behalf of Supervisor Sandoval, moved to continue consideration to April 9, 2001.
4/9/2001, SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Sandoval requested this matter be severed so it could be considered separately.
4/9/2001, CONTINUED. Supervisor Sandoval moved that this matter be continued to April 16, 2001.
Question: Shall this Resolution be ADOPTED?
29. 010624 [Southern Crossing] Supervisor Leno
Resolution urging the Metropolitan Transportation Commission to oppose plans for a Southern Crossing for automobile transit and to consider other transit alternatives for crossing the Bay.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
30. 010625 [Cell Phone Use] Supervisor McGoldrick
Resolution requesting San Francisco’s representatives in the State Legislature to support amendments to the Vehicle Code to prohibit the use of hand-held cell-phones while driving a motor vehicle.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
31. 010626 [St. Luke’s Hospital] Supervisor Ammiano
Resolution urging the California Attorney General to exercise his full powers under AB 254 to conduct a health impact study of any proposed affiliation involving St. Luke’s Hospital, supporting the establishment of conditions for any potential affiliation agreement between St. Luke’s Hospital and another hospital or health system, enumerating several such conditions, and urging the establishment of a committee to assist in monitoring the implementation of conditions.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
32. 010627 [Doggie Diner Head] Supervisor Newsom
Resolution urging the Department of Public Works to immediately follow through with its commitments to the maintenance and costs for the relocation and restoration of the Doggie Diner Head, including the immediate establishment of a fund for donations to be made toward the cost of restoring the Doggie Diner Head.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
33. 010628 [Proclamation] Supervisors Daly, Leno
Resolution commending Bertrand Delanoe on his election as Mayor of Paris, France, and proclaiming May 1st - International Workers Day, as "Mayor Bertrand Delanoe Day" in San Francisco.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
34. 010629 [Proclamation] Supervisors Daly, Leno
Resolution declaring May 16, 2001 as Unity Jam Day in San Francisco.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
35. 010630 [Commendation] Supervisors Daly, Newsom
Resolution commending John P. Mullane, Jr. for his decades of work on behalf of the City and County of San Francisco.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
36. 010631 [Commendation] Supervisors Hall, Newsom
Resolution honoring Harry J. Quinn for his dedication in serving the City and County of San Francisco Real Estate Department.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
37. 010632 [Commendation] Supervisor Hall
Resolution honoring Anthony J. DeLucchi for his dedication in serving the City and County of San Francisco Real Estate Department.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
38. 010633 [Commendation] Supervisor Leno
Resolution commending Francesca Vietor for her leadership as the Director of the Department of the Environment.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
39. 010634 [Commendation] Supervisor Leno
Resolution commending Delancey Street on its thirty years of community leadership.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
40. 010635 [Proclamation] Supervisor Maxwell
Resolution declaring May 3rd, 2001 as World Asthma Day in San Francisco.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
41. 010636 [Commendation] Supervisor Yee
Resolution commending President Xu Zhihong for his leadership of the Peking University and celebrating the occasion of the 6th anniversary of the founding of the Peking University Education Foundation.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
42. 010637 [Commendation] Supervisor Newsom
Resolution commending Standing Against Global Exploitation (SAGE) for receiving the Oprah’s Angel Network "Use Your Life" Award and a gift donation of $100,000.
4/9/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
43. 010665 [Lease Amendment, Treasure Island Housing Preference] Supervisor Daly
Resolution approving and authorizing the Treasure Island Development Authority to enter into a second amendment to the Housing Sublease with the John Stewart Company to add licensed local hospital medical personnel to the categories of persons eligible for a right of first refusal leasing preference for such housing.
4/11/2001, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
Questions on the For Adoption Without Committee Reference Agenda:_________________________________________
44. 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 April 5 through noon on April 11, for reference by President to appropriate committee on April 16, 2001.
010515 [Fees for licenses or permits for inspections by the Department of Public Health effective July 1, 2001]
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)
4/10/2001, RECEIVED AND ASSIGNED to Finance Committee. Department requests this item be scheduled for consideration at the April 25, 2001 meeting.
010668 [Planning Code Amendment, Changing the Designation of 678 Mission Street as a Category III Building]
Ordinance changing the designation of 678 Mission Street from Category V (Unrated) to Category III (Contributory) pursuant to Article 11 of the Planning Code, and amending Appendix C of Article 11 to include 678 Mission Street as a Category III building. (Planning Department)
(Planning Commission Resolution No. 16101 adopted February 22, 2001, Case No. 2000.077G; Report submitted by California Historical Society dated September 2000 on the historic and architectural significance of 678 Mission Street.)
4/11/2001, ASSIGNED UNDER 30 DAY RULE to Housing, Transportation and Land Use Committee, expires on 5/16/2001.
PROPOSED RESOLUTIONS
Proposed resolutions received from April 5 through noon on April 11, for reference by President to appropriate committee on April 16, 2001.
010363 [Acquisition of Noise Easements for South S.F. Unified School District]
Resolution authorizing the acquisition of six noise easements for schools owned by the South San Francisco Unified School District. (Real Estate Department)
4/10/2001, RECEIVED AND ASSIGNED to Finance Committee.
010555 [Major encroachment Permit, 160 Harrison Street]
Resolution granting revocable permission to Abovenet Communications, Inc. to reconstruct an existing railroad spur (elevated platform) along Main Street as access to their building located at 160 Harrison Street. (Public Works Department)
4/10/2001, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee.
010652 [Withdrawal of five (5) property owners in the City of Pacifica from noise insulation program and delivery of quitclaim deeds to said property owners]
Resolution authorizing the conveyance of five (5) quitclaim deeds to property owners in the City of Pacifica to rescind Grants of Easement (noise easement deeds) previously acquired by San Francisco. (Real Estate Department)
4/10/2001, RECEIVED AND ASSIGNED to Finance Committee.
010654 [Lease of City-owned land to S.J. Amoroso Properties]
Resolution authorizing a ten year lease of Public Utilities Commission land between the City and County of San Francisco and S. J. Amoroso Properties, in Santa Clara County. (Public Utilities and Deregulation Committee)
4/6/2001, RECEIVED AND ASSIGNED to Finance Committee.
010660 [Extension and Renewal of Nine (9) Existing Leases for Public Health]
Resolution authorizing extension and renewal, on a month-to-month basis, not to exceed twelve months, of certain existing leases of real property required by the Department of Public Health. (Real Estate Department)
4/11/2001, RECEIVED AND ASSIGNED to Finance Committee.
010666 [2001 Affordable Housing Bond Sale]
Resolution authorizing and directing the sale of not to exceed $40,000,000 of City and County of San Francisco General Obligation Bonds (Affordable Housing) Series 2001C and City and County of San Francisco Taxable General Obligation Bonds (Affordable Housing) Series 2001D; prescribing the form and terms of said Bonds; authorizing the execution, authentication and registration of said Bonds; providing 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 of Bonds 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)
4/11/2001, RECEIVED AND ASSIGNED to Finance Committee.
010667 [Airport Lease Agreement Modification for United Airlines, Inc.]
Resolution approving Lease Modification Number Fifteen for Lease No. 82-0126 between the United Airlines, Inc. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
4/11/2001, RECEIVED AND ASSIGNED to Finance Committee.
010669 [Agreement of Purchase and Sale for Real Estate at 30 Van Ness Avenue (Certificates of Participation, Series 200A and Taxable Series 2001B)]
Resolution authorizing the execution and delivery of the Agreement of Purchase and Sale for Real Estate (the "Original Agreement"), as amended by a First Amendment to Agreement of Purchase and Sale for Real Estate (the "First Amendment" and together with Original Agreement, the "Purchase Agreement"), between the City and County of San Francisco (the "City"), as buyer, and the Herbst Foundation, Inc. (the "Seller"), as seller (including certain indemnities contained therein), for the purchase of real property and improvements thereon consisting of a five-story office building located at 30 Van Ness Avenue, San Francisco (collectively, the "Property"); approving the forms of an office lease between the City, as landlord, and the Seller, as tenant (the "Herbst Lease") and an office lease between the City, as landlord, and Merriman Brothers, as tenant (the "Merriman Lease") (collectively, the "Office Leases"); approving the execution and delivery of certificates of participation to finance the acquisition of and improvements to the Property; approving the form of the Project Lease between the City and a Trustee (including certain indemnities contained therein); authorizing the selection of a Trustee; approving the form of the Trust Agreement between the City and a Trustee (including certain indemnities contained therein); approving the form of the Official Notice of Sale and Notice of Intention to Sell for the Series 2001A Certificates and Taxable Series 2001B Certificates (as defined herein); approving the form of the Official Statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; authorizing the filing of a validation action validating the execution and delivery of the certificates of participation; authorizing reimbursement of certain expenditures; authorizing the payment of costs of issuance; adopting findings under the California Environmental Quality Act and findings to the City Planning Code Section 101.1; and ratifying previous actions taken in connection therewith. (Mayor)
4/11/2001, RECEIVED AND ASSIGNED to Finance Committee.
010670 [Grant, State Transportation Improvement Program]
Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $500,000 from the California Transportation Commission’s State Transportation Improvement Program (STIP) for the Illinois Street Intermodal Bridge over Islais Creek, and foregoing the reimbursement of indirect costs. (Port)
4/11/2001, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee.
010671 [Petitions and Communications]
Petitions and communications received from April 5 through noon on April 11, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on April 16, 2001.

From various City departments, regarding documents distributed by department which would require translation into Spanish and Chinese in order to meet the provisions of the Equal Access to Services Ordinance. Copy: Supervisor Leno (1)
Office of the Sheriff (Reference No. 20010305-002)
Department of Human Services (Reference No. 20010305-012)
Department of Public Health (Reference No. 20010305-014)
Department of Elections (Reference No. 20010305-011)
Public Defender (Reference No. 20010305-019)
Emergency Communications Department (Reference No. 20010305-017)

From Oxygen Magazine, responding to interview with Supervisor Gavin Newsom in the San Francisco Examiner, dated April 3, 2001. (2)

From Department of Consumer Assurance, submitting list of professional/organization memberships in which the Department of Consumer Assurance wishes to be a member in fiscal year 2001/02. Copy; Supervisor Ammiano, Finance Committee (3)

From Office of the Treasurer, submitting investment activity report for fiscal year to date of the portfolios under management. (4)

From Office of the City Attorney, submitting annual report for fiscal year ended June 30, 2000. (5)

From Mirna Escobar, regarding several issues and concerns: proposed complaint against MUNI, and alleged drug activities at Valencia Gardens Apartments. Copy: Each Supervisor, 2 Letters (6)

From George Sakin, Guinness Bass Import Company, regarding his experience with Department of Parking and Traffic and City Tow. Copy: Each Supervisor (7)

From Department of Human Services, submitting correspondence relating to the proposed leased space at 3120 Mission Street. (8)

From Jasmin Aldana, submitting request for a type 42 beer and wine license for "Jasmin’s Oriental Grocery" located at 149 Turk Street between Taylor and Jones Streets. Copy: Economic Vitality, Small Business and Social Policy Committee (9)

From Kaysie Ferguson, regarding remarks made by the Mayor concerning Supervisor Daly. (10)

From Chief Medical Examiner, submitting list of professional/organization memberships in which the Chief Medical Examiner wishes to be a member in fiscal year 2001/02. Copy: Supervisor Ammiano, Finance Committee (11)

From Office of the Treasurer, submitting Cash Difference and Overage Funds for period ending March 31, 2001. (12)

From Budget Analyst, submitting Activity Status Report for the Quarter ending March 31, 2001. (13)

From Governor’s Communications Office, submitting update from the Governor’s Communications Office, dated April 5, 2001. (14)

From various City departments, regarding performance audits in the past ten years. Copy: Supervisor McGoldrick (15)
Redevelopment Agency (Reference No. 20010226-110)
Public Library (Reference No. 20010226-091)
Department of Human Services (Reference No. 20010226-102)
Department on the Status of Women (Reference No. 20010226-093)

From various City departments, submitting proposed annual budget for fiscal year 2001/02. Copy: Supervisor McGoldrick (16)
Department on the Status of Women (Reference No. 20010226-034)
Muni (Reference No. 20010226-010)

From State Department of Justice, submitting notice of public meeting on April 16th at 2:00 p.m., at 350 McAllister Street regarding the proposed transfer of control of St. Luke’s Hospital in San Francisco to Sutter Health. Copy: Each Supervisor (17)

From various City departments, providing a list of all city contracts that currently exist with the following companies: Eastman Kodak, Chevron, Costco, Levi Strauss & Co., The Hearst Corporation, Nieman Marcus, Salomon Smith Barney, Charles Schwab, Walgreens Co., The San Francisco Giants, Macy’s, General Motors, PG&E, Pacific Bell, Safeway, Hewlett-Packard, Nordstrom, Providan Financial, Xerox, the Gap, Shorenstein, Bechtel. (Reference No. 20010402-001) Copy: Supervisor Sandoval (18)
Department on the Status of Women
Animal Care and Control Department
Department of Consumer Assurance
Public Library
Redevelopment Agency
Civil Service Commission
Public Library
Controller
Redevelopment Agency
Police Department
Building Manager

From Law Office of Christopher Cole, filing notice of appeal for 692-696 DeHaro Street, (3 Lot Subdivision Project) from action of City Planning Commission. Public Hearing date April 23, 2001 at 3:00 P.M. File 010661 (19)

From Peter Warfield, regarding the proposed "Library Fee Amnesty Program", including comments on the 1998 amnesty library program. File 010452 (20)

From San Francisco Patients Resource Center, regarding Laguna Honda’s continued service to patients in the Medical Cannabis Community. (21)

From various City departments, regarding request for retroactive approval before the Finance Committee. Copy: Supervisor Leno (22)
Human Rights Commission (Reference No. 20010226-160)

From Office of the Mayor, Treasure Island Project, regarding the costs of Treasure Island’s Request of Proposals Primary Developer process; functions of Treasure Island Project staff members in the RFQ process; and the proposed timeline for any contracts with a primary developer. (Reference No. 20010220-013) Copy: Supervisor Daly (23)

From Huckleberry Youth programs, submitting request to have stop signs placed on Page Street at Lyon. (24)

From concerned citizens, submitting continued support for the Neighborhood Emergency Response Team Training Program (NERT) sponsored by the Fire Department. 3 Letters (25)

From Clark Tibbs, commenting on PG&E’s bankruptcy. (26)

From Marie Bartee, regarding the unkempt objects (newspaper racks) on Market Street and how this only encourages litter, graffiti, etc. (27)

From Kim Garrett, commenting on a report issued by the California Energy Commission, as a possible location for an emergency facility. (28)

From Rudolph Family, thanking the Board for closing the meeting in memory of a family member. (29)

From Vincent Poy, submitting complaint against the Housing Authority security guards at the Ping Yuen West apartments at 895 Pacific Avenue. Copy: Each Supervisor (30)

From Jocelyn Cohen, submitting opposition to proposal to remove 114 established trees on Townsend, King and Third Streets. (31)

From Frederick Hobson, expressing continued support for Supervisor Daly’s good work in District 6. (32)

From Center for the Preservation of Horses, John Jenkins, commenting that the District Attorney’s office should add California Penal Code Section 597 charges to the indictments against Robert Noel and Marjorie Knoller. Copy: Each Supervisor (33)

From Airport Commission, regarding aircraft flight congestion management. (Reference No. 20010305-023) Copy: Supervisor Newsom (34)

From Department of Parking and Traffic, submitting notice that items on the April 12, 2001 Housing, Transportation, and Land Use Committee’s agenda are posted. Copy: Housing, Transportation, and Land Use Committee (35)

From Senate Rules Committee, submitting appointment of Beverly Alves of Princeton, Alson Brizard of Patterson and Mark Salvaggio of Bakerfield as members of the Regional Water Quality Control Board, Central Valley Region. (36)

From Port, submitting monthly Storm Water Management Report submitted on March 30, 2001 to the Regional Water Quality Control Board. (37)

From State Department of Public Health, regarding the food markets in San Francisco that sell live animals for human consumption. Copy: Each Supervisor (38)

From Department of Child Support Services, submitting list of professional/organization memberships in which the Department of Child Support Services wishes to be a member in fiscal year 2001/02. Copy: Supervisor Ammiano, Finance Committee (39)

From Office of the City Attorney, submitting quarterly report, claims settled by department from January 1 through March 31, 2001. (40)

From Department of Telecommunications and Information Services, regarding the cost of creating an online interdepartmental master street activity calendar and how long it would take to create it. (Reference No. 20010220-025) Copy: Supervisor Leno (41)

From Office of the Mayor, submitting request for release of $13 million from the Finance Committee reserve for environmental mitigation associated with the sale of the Potrero power plant and the shutdown of the Bayview/Hunters Point power plant. Copy: Finance Committee (42)

From Cynthia Servetnick, submitting support for proposed Charter amendment to alter the commission appointment process for the Planning Commission, and possibly for the Board of Appeals, Port Commission, and Redevelopment Agency. Copy: Each Supervisor (43)

From Community United Against Violence, submitting annual Hate Violence Statistics Report. Copy: Each Supervisor (44)

From Superior Court of California, submitting request for a supplemental appropriation to cover the remaining estimated expenses of $1.2 million for the indigent defense program budget. Copy: Finance Committee (45)

From Dennis Lawlor, submitting apologies for any offense taken at the April 9, 2001 Board meeting. Copy: Each Supervisor (46)

From Brian Browne, submitting support for the sale of public power to private users. Copy: Each Supervisor (47)

From concerned citizens, commenting on the homeless situation in San Francisco. 2 Letters (48)

From Center for the Preservation of Horses, John Jenkins, submitting individual request for each member of the Board of Supervisors. (49)

From Office of the Controller, submitting a set of high level financial reports for the month of March 2001 showing fiscal year 2000/01 status and year-end figures for the prior year (1999/00. (50)

From Nora Matulich, submitting invitation to Board members to attend the Fire Department’s Citywide Disaster Drill on April 21st, at Marina Middle School, between 9 am and noon. Copy: Each Supervisor (51)

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. The Clerk of the Board’s Office TTY number for speech-hearing impaired 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. 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: 11/19/2013 8:16:54 AM