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April 15, 2002

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 15, 2002
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

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 5

Recommendations of the Finance Committee
Present: Supervisors Peskin, Daly, Ammiano

1. 020197 [Golf Fund] Supervisors Hall, Daly, McGoldrick, Maxwell
Ordinance amending Chapter 10, Article XIII of the San Francisco Administrative Code by adding Section 10.100-256 thereto, establishing a San Francisco Recreation and Parks Golf Fund.
3/18/2002, SUBSTITUTED. Supervisor Hall submitted a substitute ordinance bearing same title.
4/8/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Peskin, Daly, Hall

2. 020198 [Determination of Fees at Harding Park and Fleming Golf Courses] Supervisors Hall, Daly, Maxwell
Ordinance amending Article XII of the San Francisco Park Code by adding Section 12.12 thereto setting forth a fee structure for Harding Park and Fleming Golf Courses.
4/8/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Present: Supervisors Peskin, Daly

3. 020404 [MOU Amendment No. 1 - 2001-2003 Collective Bargaining between MEA and CCSF] Mayor
Ordinance adopting and implementing Amendment No. 1 to the 2001-2003 Collective Bargaining Agreement between the Municipal Executives’ Association and the City and County of San Francisco by amending Article III.DD to incorporate the parties’ agreement regarding the Management Compensation and Classification Plan. (Mayor)
4/8/2002, PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Health and Human Services Committee
Present: Supervisors Daly, Leno, Maxwell

4. 020109 [Coordinated and comprehensive services for youth engaged in or at high risk of committing juvenile crime]
Resolution authorizing the San Francisco Department of Public Health (SFDPH), Community Substance Abuse Services (CSAS), to accept retroactively and expend funds in the amount of $154,402 for the first year of a three year grant from the California Department of Alcohol and Drug Programs (CADP) to reduce youth violence and substance abuse in San Francisco; for the period of June 28, 2001 to June 30, 2002. (Public Health Department)
Question: Shall this Resolution be ADOPTED?

5. 020400 [Grant - Resident Opportunities and Self Sufficiency (ROSS)]
Resolution authorizing the Department of Human Services to retroactively accept and expend a grant in the amount of $400,000 from the San Francisco Housing Authority to provide construction related apprenticeship activities to San Franciscans residing in San Francisco Housing Authority developments. (Human Services Department)
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

Consideration of Mayor’s Veto
Consideration to override veto pursuant to Charter Section 2.106 of Resolution imposing Interim Zoning requiring Conditional Use Authorization for Large Retail Uses.

6. 011798 [Interim Zoning Requiring Conditional Use Authorization for Large Retail Uses] Supervisor Ammiano
Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for large retail uses in C-2, C-M, M-1, M-2, RSD, SLR, SLI, SPD and SSO zones, including, where permissible, lots under the jurisdiction of the San Francisco Port Commission, for a one year period and making a determination of consistency with the priority policies of Planning Code Section 101.1.
(Certificate of Exemption/Exclusion from Environmental Review dated 12/7/01)
(Supervisor Hall dissenting in Committee.)
Note: The Board has 30 days to act from the date the legislation was signed by the Mayor. Override of a veto requires a 2/3rds vote of the Board, the Board may either vote the legislation up or down, no amendments. The 30th day from April 5, 2002 is May 5, 2002.

11/19/2001, SUBSTITUTED. Supervisor Ammiano submitted a substitute resolution bearing new title.
3/25/2002, ADOPTED.
Action:___________________________

From Finance Committee Without Recommendation
Present: Supervisors Peskin, Daly

7. 020405 [MOU Amendment No. 1 - 2001-2003 Collective Bargaining between IFPTE and Technical Engineers, Local 21] Mayor
Ordinance approving a settlement and adopting and implementing Amendment No. 1 to the 2001-2003 Collective Bargaining Agreement between the International Federation of Professional and Technical Engineers, Local 21 and the City and County of San Francisco by amending Article III.B.1.p to incorporate the parties’ settlement of an interest arbitration proceeding over wage adjustments for professional architect and landscape architect classifications. (Mayor)
4/8/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

Recommendation of the Health and Human Services Committee
Present: Supervisors Daly, Maxwell

8. 011575 [Rent Ordinance Amendments] Supervisor Daly
Ordinance amending the Rent Ordinance (Administrative Code Chapter 37, Residential Rent Stabilization and Arbitration Ordinance) by amending Sections 37.9, 37.9B and 37.10A to provide additional protections to tenants, and to conform to state law regarding misdemeanor violations, as follows: (1) Require the Rent Board to record owner move-in eviction notices with the County Recorder; (2) Require eviction notices to be in writing and filed with the Rent Board; (3) Subject vacated units to the future use restrictions stated in the Rent Ordinance, regardless of any agreement made between the landlord and the vacating tenant; (4) Require a tenant to be represented by independent counsel in a court-supervised settlement agreement, in order to waive any tenant rights under the Rent Ordinance; (5) Prohibit settlement agreement clauses that bar an evicted tenant from cooperation with a governmental investigation or proceeding; (6) Require the seller of a property to give written notice to the buyer disclosing the legal ground(s) for the termination of the tenancy for each residential unit to be delivered vacant at the close of escrow; and (7) Conform misdemeanor provisions to state law ($1,000 fine plus possible imprisonment in County Jail for up to six months).
3/18/2002, SUBSTITUTED. Supervisor Daly submitted a substitute ordinance, approved as to form, bearing same title.
4/8/2002, CONTINUED. Continued to April 15, 2002.
Question: Shall this Ordinance be PASSED ON FIRST READING?

Recommendations of the Rules and Audits Committee
Present: Supervisors Hall, Gonzalez, Sandoval

9. 012004 [Real Estate Loan Counseling and Education Program] Supervisors Yee, Sandoval, Maxwell
Ordinance adding Chapter 92 to the Administrative Code approving a pilot consumer counseling and educational program in the Department of Aging and Adult Services, including distribution of educational materials on predatory loan practices, and provision of individual loan counseling for loans secured by San Francisco residential property.
4/8/2002, PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?

10. 020319 [Municipal Code Amendment - Deletion of Court Reporter Requirement for Board of Appeals]
Ordinance amending the San Francisco Business and Tax Regulations Code by amending Section 11 to authorize the Board of Appeals to use the Department of Telecommunications and Information Technology’s Citywatch Cable Channel videotape as a record of the Board’s proceedings in lieu of attendance at the hearing by a court reporter. (Board of Appeals)
3/25/2002, CONTINUED. 3/25/02 - Supervisor Gonzalez moved to continue to April 8, 2002.
4/8/2002, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
4/8/2002, PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?

NEW BUSINESS

Recommendations of the Finance Committee
Present: Supervisors Peskin, Daly

11. 020137 [Funding the Sheriff’s Department’s shortfalls in salary, overtime, and retirement payoffs]
Ordinance appropriating $1,896,196 from the General Fund Reserve, $2,793,734 from Federal funding for housing prisoners, and reappropriating $300,000 from savings in natural gas for a total of $4,989,930 to cover shortfalls in salaries, overtime and retirement payoffs at the Sheriff’s Department for fiscal year 2001-02. (Sheriff)
(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 020192 [Supplemental Appropriation, Department of Human Services]
Ordinance appropriating $47,000 of the General Reserve to fund Homeless Prenatal Services for the Department of Human Services for fiscal year 2001-02; placing $23,500 on reserve.
Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 020463 [Extending Budget Analyst agreement for two years (through 2005)] Supervisor Ammiano
Motion amending the Agreement for Professional Budget Analyst Services between the City and County of San Francisco and Stanton W. Jones and Associates; Debra A. Newman; Rodriguez, Perez, Delgado & Company Certified Public Accountants; Harvey M. Rose Accountancy Corporation Certified Public Accountants; and Louie & Wong LLP Certified Public Accountants ("A Joint Venture") by extending the Agreement for an additional two years (January 1, 2004 through December 31, 2005) with two additional two-year extensions being given to the City (for a total possible term extension of six years, through December 31, 2009), at an annual cost of $2,090,339, as may be adjusted annually.
(Fiscal impact.)
4/10/02 - Amendment of the Whole bearing new title prepared in Committee.

Question: Shall this Motion be ADOPTED?

From Finance Committee Without Recommendation
Present: Supervisors Peskin, Daly

14. 020410 [Municipal Transportation Agency Leverage Lease Financing] Mayor
Resolution authorizing one or more defeased lease-to-service contract transactions with respect to up to 118 Breda light rail cars; approving the form of and authorizing the execution and delivery of one or more Participation Agreements setting forth the terms and conditions of the lease-to-service contract transactions relating to the rail cars; approving the form of and authorizing the execution and delivery of one or more Head Lease Agreements providing the terms and conditions pursuant to which the rail cars will be leased to one of up to 6 trusts; approving the form of and authorizing the execution and delivery of one or more Head Lease Supplements supplementing the terms and conditions pursuant to which specific rail cars will be leased to each trust; approving the form of and authorizing the execution and delivery of one or more Sublease Agreements providing the terms and conditions pursuant to which each trust will lease the rail cars back to the City to be operated and maintained by the City; approving the form of and authorizing the execution and delivery of one or more Sublease Supplements supplementing the terms and conditions pursuant to which the City will lease back the rail cars from each trust; approving the form of and authorizing the execution and delivery of one or more Payment Agreements providing the terms and conditions pursuant to which the City will provide for the payment of a portion of the sublease rent; approving the form of and authorizing the execution and delivery of an Equity Collateral Security Agreement and a Custody Agreement providing the terms and conditions pursuant to which the City will provide for a custody account to hold and a security interest in, certain securities for the payment of a portion of the sublease rent and the purchase option purchase price if the purchase option is or is deemed exercised; approving the form of and authorizing the execution and delivery of one or more Support and Access Agreements providing the terms and conditions pursuant to which the City will provide each trust support and access to certain property if the City chooses not to purchase the rail cars at the end of the "base" sublease term; approving the form of and authorizing the execution and delivery of one or more Agreements for Assignment on Default each of which will provide the lender with an option to purchase, and take an assignment from an equity investor, such equity investor’s beneficial interest in the trust estate upon the occurrence of a trigger event (as such term is defined in said Agreement); approving the form of and authorizing the execution and delivery of one or more Tax Indemnification Agreements providing the terms and conditions pursuant to which the City will indemnify each equity investor for income inclusions or losses of tax benefits; approving the form of and authorizing the execution and delivery of one or more Insurance and Indemnity Agreements providing the terms and conditions pursuant to which the City will indemnify each strip surety provider; approving indemnification of various parties; acknowledging the waiver of the City’s right to jury trial under certain circumstances; acknowledging proposed waiver requests pursuant to Sections 12B.5-1(d) and 12C.5-1(d) of the San Francisco Administrative Code; finding that the lease-to-service contract transaction is designed to reduce the amount or duration of payment or similar risk to the City or enhance the relationship between risk and return with respect to investments made pursuant to or in connection with such transaction; approving and authorizing the execution and delivery of any document necessary to implement this Resolution; authorizing the execution and delivery of documents in conforming sets for one or more equity investors; ratifying and approving any action heretofore taken in connection with the transaction contemplated by this Resolution; and related matters. (Mayor)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Health and Human Services Committee
Present: Supervisors Daly, Leno, Maxwell

15. 020343 [Residential Hotel Visitor Policies] Supervisor Daly
Ordinance amending Administrative Code Chapter 41D "Residential Hotel Visitor Policies" to allow operators of residential hotels to adopt Supplemental Visitor Policies in addition to the Uniform Visitor Policy for Residential Hotels, upon approval of the San Francisco Residential Rent Stabilization and Arbitration Board (Rent Board), providing that the Rent Board may amend the Uniform Visitor Policy from time to time, and providing for hotel occupants to petition the Rent Board for hearing and rent reduction for violation of Chapter 41D; amending Administrative Code Section 37.6 and adding Section 37.13 to authorize the Rent Board to effectuate the provisions of Chapter 41D; and, amending Police Code Section 919.1 to provide that imposition or collection of a charge for a visitor or restriction of a visitor in violation of Section 919.1 is (in addition to any available civil remedies), an infraction.
Question: Shall this Ordinance be PASSED ON FIRST READING?

16. 020297 [Direct Access to Housing and Master Lease Program Expansion]] Supervisors Ammiano, Daly
Resolution directing the Department of Public Health and the Department of Human Services to provide the Board of Supervisors with a proposed expansion plan for 500 additional units in the Direct Access to Housing Program and 500 additional units in the SRO Master Lease program by April 15, 2002.
Question: Shall this Resolution be ADOPTED?

From Health and Human Services Committee Without Recommendation
Present: Supervisors Daly, Leno, Maxwell

17. 012186 [Regulation of Diesel Backup Generators] Supervisor Maxwell
Ordinance amending the San Francisco Health Code by adding a new Article 30 to: (1) establish a registration program within the Department of Public Health for diesel backup generators used by facilities in the City and County of San Francisco; (2) require new backup diesel generators to have air emission control technologies; (3) limit the operation of diesel backup generators during non-emergency situations; (4) establish a recordkeeping requirement for the operation of diesel backup generators; and (5) provide for an enforcement mechanism for violations of the requirements of this Ordinance.
2/4/2002, SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing same title.
Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 020250 [Amending San Francisco’s CalWORKs County Plan - Cal-Learn]
Resolution approving an amendment to San Francisco’s CalWORKs County Plan to allow the San Francisco Department of Human Services to directly provide Cal-Learn case management services to pregnant and parenting teens receiving Temporary Aid to Needy Families. (Human Services Department)
Question: Shall this Resolution be ADOPTED?

Recommendations of the Transportation and Commerce Committee
Present: Supervisors McGoldrick, Hall, Ammiano

19. 020196 [Carnegie Chinatown Branch Library as Landmark 235] Supervisors Yee, Peskin
Ordinance Designating 1135 Powell Street, The Carnegie Chinatown Branch Library, as Landmark No. 235 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code.
Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 020334 [Changing the designation of 333 Sacramento Street from a Category V Building to a Category IV Building] Supervisor Peskin
Ordinance changing the designation of 333 Sacramento Street from Category V (Unrated) to Category IV (Contributory) pursuant to Article 11 of the Planning Code. (Planning Department)
(Planning Commission Resolution No. 16322 adopted January 10, 2002 (Case No. 2001.0898G), recommending approval of above ordinance; Landmark Preservation Advisory Board Resolution No. 551 dated December 5, 2001, recommending the proposed change in Article 11 designation of the property and recommending Planning Commission approval.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 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.

22. 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, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to

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 23 through 46

23. 020502 [Commend - Lucy Spector] Supervisor Newsom
Resolution commending Lucy Spector on her service as a San Francisco business owner for fifty years and dedicating April 15, 2002 as "Lucy Spector Day" for the City and County of San Francisco.
3/25/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
4/8/2002, AMENDED. Amended on page 1 line 5 to replace "April 8, 2002" with "April 15, 2002" and on page 1 line 22 replace "April 8, 2002" with "April 15, 2002".
4/8/2002, CONTINUED AS AMENDED. Continued to April 15, 2002.
Question: Shall this Resolution be ADOPTED?

24. 020557 [Commendation] Supervisor Yee
Resolution commending the efforts of all volunteers dedicated to protecting and restoring San Francisco’s precious environmental and recreational resources at Fort Funston, the sponsors of Earth Day 2002 at Fort Funston, particularly Pacific Gas & Electric Company and the California Jeep Dealers, and their employees for their commitment to environmental preservation in San Francisco, and declaring April 20, 2002 to be Earth Day 2002 at Fort Funston.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

25. 020558 [Presidio Commissary] Supervisor Yee
Resolution urging Congress and the General Services Administration (GSA) to allow for the continued operation of the Presidio Commissary.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

26. 020559 [Armenian Genocide Commemoration Day] Supervisors Peskin, Hall, Ammiano, Maxwell, Daly, McGoldrick, Newsom, Sandoval, Gonzalez
Resolution declaring April 24th, 2002 Armenian Genocide Commemoration Day in San Francisco.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

27. 020560 [San Francisco Graffiti Advisory Board] Supervisor Newsom
Resolution urging the San Francisco Graffiti Advisory Board to convene pursuant to Administrative Code 5.172, which defines the purpose and duties of the Advisory Board.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

28. 020561 [ABAG Finance Authority - Hamlin School] Supervisor Newsom
Resolution authorizing the issuance and sale of revenue bonds by ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $8,000,000 for The Hamlin School, or an affiliate.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

29. 020562 [Commendation] Supervisor Newsom
Resolution commending Kaiser Permanente San Francisco Medical Center for its recognition by the American Heart Association at the "Celebrate with Heart 2002" Gala for twenty years of excellence in the field of cardiovascular medicine.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

30. 020563 [AB 2677 - Preferential Parking Programs] Supervisor Newsom
Resolution urging the California State Legislature to adopt and Governor Gray Davis to sign Assembly Bill (AB) 2677, which would authorize State and local municipalities to establish preferential parking programs for low emission reduction vehicles and environmentally viable transportation alternatives.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

31. 020564 [DHS - Access to California Law Enforcement Telecommunications System (CLETS)] Supervisor Newsom
Resolution authorizing the San Francisco Department of Human Services direct access to the California Law Enforcement Telecommunications System (CLETS) to obtain criminal history information for the specific purpose of assessing whether or not the particular placement of a child for whom DHS has care and custody is safe and appropriate.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

32. 020565 [Preservation of Neighborhood Theatres] Supervisor Newsom
Resolution requesting the Planning Department to conduct a comprehensive study on the impact of the loss of neighborhood theatres on the character and economic vitality of neighborhood commercial districts.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

33. 020566 [Grant - Public Defender’s Office] Supervisor Maxwell
Resolution authorizing the Public Defender’s Office to accept and expend a grant in the amount of $160,000 from the Governor’s Office of Criminal Justice planning to help indigent inmates file motions to establish their innocence.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

34. 020567 [Passage of HR 491 and SB 1042] Supervisors Leno, Daly
Resolution urging the U.S. Congress to pass and President George W. Bush to sign HR 491, Filipino Veterans Equity Act, and SB 1042, Filipino Veterans Benefit Improvement Act.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

35. 020568 [Child Care Subsidy] Supervisors Leno, Maxwell
Resolution urging the California State Legislature to oppose the Governor’s child care subsidy proposal.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

36. 020569 [Dolores Street Community Services] Supervisors Leno, Maxwell
Resolution commending Dolores Street Community Services on its 20th anniversary and declaring April 25th "Dolores Street Community Services Day in San Francisco."
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

37. 020570 [Miraloma Elementary School Day] Supervisor Hall
Resolution proclaiming May 4, 2002 as "Miraloma Elementary School Day" in the City and County of San Francisco in honor of the school’s 50th anniversary.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

38. 020571 [Heritage Tree Preservation Act of 2002] Supervisor Gonzalez
Resolution supporting the Heritage Tree Preservation Act of 2002 and urging San Franciscans and Californians to sign petitions to place this initiative on the November 2002 state ballot.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

39. 020572 [Commendation] Supervisor Leno
Resolution commending Helen Myers who was recently named Woman of the Year by the California State Assembly and Assemblywoman Carole Migden.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

40. 020583 [Bear Hunting] Supervisor Gonzalez
Resolution urging the California State Fish & Game Commission to reject a proposed regulation change that would increase the annual limit on hunting bears from 1,500 to 1,700.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

41. 020584 [Condemning Hate Crimes] Supervisor Ammiano
Resolution condemning the hateful messages targeting the Arab community and Women graffiti recently sprayed across one of the colorful murals at the Women’s Building.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

42. 020586 [Commending the National Youth Commission of Taiwan] Supervisor Ammiano
Resolution acknowledging and commending the National Youth Commission of Taiwan for their commitment to honoring the positive contributions of young people throughout the world.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Resolution be ADOPTED?

43. 020539 [Final Map for a 6 Unit Commercial Condominium Project]
Motion approving Final Map of 2185 - 87 - 91 - 93 Market Street, a Commercial Condominium Project, being a subdivision of Lot 136 in Assessor’s Block No. 3558, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 173,464; District 8.)

4/10/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

44. 020540 [Final Map for a 9 Unit Residential Condominium Project]
Motion approving Final Map of 2189 Market Street, a Residential Condominium Project, being a subdivision of Lots 135 Assessor’s Block No. 3558, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department)
(DPW Order No. 173,465; District 8.)

4/10/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

45. 020544 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick, Maxwell
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
4/8/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Question: Shall this Motion be ADOPTED?

46. 020556 [Considering whether the Board of Supervisors declare itself to be the Redevelopment Agency] Supervisor McGoldrick
Motion directing the Clerk of the Board of Supervisors to notice and convene a public hearing pursuant to Sec. 33200(b) of the California Community Redevelopment Law (Health & Safety Code Sec. 33000, et seq.), for consideration of whether the Board of Supervisors shall declare itself to be the Redevelopment Agency for the City and County of San Francisco and thereby replace the existing Redevelopment Agency and its appointed Board; and further directing the Clerk to cause the preparation of reports or proposals as necessary for the hearing.
4/8/2002, 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 April 4 through noon on April 10, for reference by President to appropriate committee on April 15, 2002.

020471 [Increasing the Annual Residential Rent Ordinance Fee to a maximum of $23.00 per unit]]
Ordinance amending Administrative Code Chapter 37A "Residential Rent Stabilization and Arbitration Fee" by amending Sections 37A.2 and 37A.6 to increase the maximum annual residential rent ordinance fee from $19 per unit in fiscal year 2000-2001 or $16 per unit in other years, to $23.00 per unit. (Rent Stabilization and Arbitration Board)
4/10/2002, ASSIGNED UNDER 30 DAY RULE to Health and Human Services Committee, expires on 5/8/2002. Department requests this item be scheduled for consideration as soon as possible.

PROPOSED RESOLUTIONS
Proposed resolutions received from April 4 through noon on April 10, for reference by President to appropriate committee on April 15, 2002.

none.

020589 [Petitions and Communications]
Petitions and Communications received from April 4 through noon on April 10, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on April 15, 2002.

From various City Departments, regarding the use of Special Assistant positions. Copy: Supervisor Daly(1)
San Francisco International Airport (Reference No. 20020304-014)
Department of Administrative Services (Reference No. 20020304-058)
Department of Aging and Adult Services (Reference No. 20020304-044)
Department of Building Inspection (Reference No. 20020304-031)
Department of Child Support Services (Reference No. 20020304-067)
Department of Consumer Assurance (Reference No. 20020304-050)
Office of Contract Administration (Reference No. 20020304-058)
Emergency Communications Department (Reference No. 20020304-008)
Fire Department (Reference No. 20020304-024)
Housing Authority (Reference No. 20020304-018)
Department of Human Resources (Reference No. 20020304-034)
Department of Parking and Traffic (Reference No. 20020304-035)
Department of Public Health (Reference No. 20020304-047)
Office of the Treasurer & Tax Collector (Reference No. 20020304-029)
Public Transportation Department (MUNI) (Reference No. 20020304-025)

From Department of Human Resources, submitting quarterly report of economic settlements for the quarter January 1, 2002 - March 31, 2002.(2)

From Office of the Controller, submitting report concerning the concession review of the San Francisco Forty Niners for the 1998 through 2000 Football Season.(3)

From Department of Public Health, submitting report regarding illegal discharges of hazardous waste.(4)

From San Francisco Grand Jury, confirming discussion between the Clerk of the Board and Jane Hebler and John Hentz of the Civil Grand Jury (March 29, 2002) relative to the handling of Civil Grand Jury recommendations. Copy: Supervisor Ammiano(5)

From Controller’s Audits Division, submitting audit report of the department head transition at the Office of the City Attorney.(6)

From Office of the Legislative Analyst, submitting report on San Francisco’s existing policies and expenditures related to independent living of senior’s and person’s with disabilities, as well as those policies in other jurisdictions. Copy: Supervisor Daly(7)

From Office of Contract Administration, submitting proposed departmental budget for fiscal year 2002/03. Copy: Budget Committee(8)

From Clerk of the Board, submitting notice that a copy of the Board of Supervisors’ budget was given to each Supervisor.Copy: Budget Committee(9)

From various City Departments, regarding the use of public relations personnel. Copy: Supervisor McGoldrick, Budget Analyst(10)
San Francisco Unified School District (Reference No. 20020128-021)
Fire Department (Reference No. 20020128-026)




From Department of Parking and Traffic, submitting notice that DPT Bicycle Program has suspended providing a representative to attend Bicycle Advisory Committee meetings because the meetings have become increasingly contentious and focus almost exclusively on procedural issues.Copy: Each Supervisor(11)

From Office of the City Administrator, submitting review of "The Electricity Resource Plan" by the Potrero Power Plant Citizens Advisory Task Force. Copy: Each Supervisor(12)

From Fire Department, submitting Fire/Life Safety Inspection report of Taraval Police Station at 2345 - 24th Avenue.(13)

From Office of the Treasurer, submitting reports on the Cash Difference and Overage Funds for the period ending March 31, 2002.(14)

From Assessment Appeals Board, transmitting summary list of the major appeals currently pending before the Assessment Appeals Board. Copy: Each Supervisor(15)

From Office of the Mayor, submitting copy of minutes from the State Legislation Committee meeting of April 3, 2002.(16)

From Budget Analyst, submitting Budget Analyst Activity Status Report for the Quarter ending March 31, 2002.(17)

From David Maul, urging the Board to fully fund the Ethics Commission, including their $290,000 "FY03 Enhancements needed," plus provide a full $1.5 million for the Prop O (Public Campaign Financing) Program. Copy: Budget Committee(18)

From Carol Issacs, submitting support for preservation of the Musee Mecanique for future generations to enjoy.(19)

From David Stensby, submitting support for Supervisor Newsom’s homeless plan. Copy: Each Supervisor(20)

From City Clerks Association of California, submitting newsletter entitled "The Official Word" dated April 2002.(21)

From US Army Corps of Engineers, regarding request to place landfill into 2.42 acres of jurisdictional waters of seasonal wetlands for the purpose of constructing Southwest Estates, a residential subdivision development project located at 575 Bellevue Avenue, in southwest Santa Rosa, Sonoma County.(22)

From Towers Perrin, regarding 2002/03 health plan benefits, rates and contributions for the 2002/03 plan year. Copy: Finance and Labor Committee(23)

From various signators, submitting Form 700 Statement of Economic Interests: (24)
Bronwen Trice
Nathan Purkiss
Angela Calvillo
Brad Benson
Rachel Redondiez
Jerry Threet
Dawn Duran
William Barnes
Arthur Louie

From Department of Consumer Assurance, submitting report regarding the overall mission and goals of the Department of Consumer Assurance.(25)

From Department of Human Resources, submitting proposed departmental budget for fiscal year 2002/03. Copy: Budget Committee(26)

From Office of the Assessor-Recorder, submitting proposed departmental budget for fiscal year 2002/03. Copy: Budget Committee(27)

From Darien Werfhorst, commenting on the dangerous traffic situation at the corner of Bryant and Cesar Chavez Streets. Copy: Supervisor Ammiano(28)

From Department of Parking and Traffic, regarding the impact of installing additional Stop signs at Brazil Avenue and Madrid Street. (Reference No. 20020318-004) Copy: Supervisor Sandoval(29)

From Darnisha Wright, submitting request for a proclamation or certificate of honor for the staff of the Emergency Communications Department in honor of National Telecommunicators Week, April 14-20, 2002. Copy: Each Supervisor(30)

From Sharon Moliere, submitting suggestions on ways to reduce gas prices in the Bay Area. (31)

From John Jenkin, submitting two issues of newsletter entitled "Abuse News" dated April 5, 2002.(32)

From Candice Keller, commenting on the increase in billboards going up along the Bay Bridge approach.(33)

From San Francisco City and County Employees’ Retirement System, regarding Ordinance amending Administrative Code Section 16.37-1 to provide for the setting of interest rates. File 012003, Copy: Finance and Labor Committee (34)

From Office of the Treasurer, submitting report of the investment activity (for fiscal year to date) of portfolio statistics under management.(35)

From Office of the Controller, Audits Division, submitting report concerning the concession audit of Fishermen’s Grotto.(36)

From Arthur Evans, submitting request that Gwenn Craig step down as Chair of the Redistricting Task Force. Copy: Each Supervisor(37)

From Fairway Builders Incorporated, submitting request for review of policies and procedures of the San Francisco Building Department. Copy: Each Supervisor(38)

From Gray Panthers, regarding the night of Martin Luther King Day, five children ages 12 to 14 allegedly were terrorized in front of their homes by San Francisco Police officers.(39)

From Port of San Francisco, submitting proposed departmental budget for fiscal year 2002/03. Copy: Budget Committee(40)

From Senate Rules Committee, submitting re-appointment of Russell Jeffries of Salinas and Jeffrey Young of Santa Barbara; and appointment of Daniel Press of Santa Cruz; Marco Rizzo of San Luis Obispo; and Donald Villeneuve of Cambria as members of the Water Quality Control Board, Central Coast Region. (41)

From Department of Human Services, regarding the implementation of the Electronic Benefit Transfer System for all food stamp recipients. (Reference No. 20020219-003) Copy: Supervisor Newsom(42)

From Department of Public Works, submitting notice that appellants ’signature with respect to 2696 Geary Boulevard represents owners of less than 20% and are therefore insufficient for appeal.(43)

From Fran Fostey, regarding the issuance of parking tickets by the Department of Parking and Traffic. Copy: Department of Parking and Traffic(44)

From San Francisco Unified School District, submitting Quarterly Report and Bond Issuance Documents for 1997 Proposition A.(45)

From Civil Service Commission, submitting annual report for fiscal year 2000/01.(46)

From Department of Telecommunications and Information Services, regarding CableRunner’s Application for a Franchise and License to Install Fiber Optic Facilities in the sewer system and public right-of-way in San Francisco. (47)

From concerned citizens, requesting the Board hold new hearings on animal testing at UCSF and do everything in the Board’s power to compel ECSF to end Stephen Lisberger’s cruel and outdated experiments. Approximately 3000 letters and postcards(48)

From concerned citizens, submitting support for full funding of senior programs in the Department of Aging and Adult Services budget. 7 postcards(49)

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: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
Agenda are available on the internet at www.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 no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

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

Disability access
The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
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 Ohn Myint 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.

Know Your Rights Under the Sunshine Ordinance
Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/bdsupvrs/sunshine.htm

Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics
Last updated: 8/18/2009 1:46:36 PM