September 14, 2006

City and County of San Francisco

Rules Committee

City Hall, Room 263

Meeting Agenda
Thursday, September 14, 2006
10:00 AM
Regular Meeting

---

Members: Ross Mirkarimi, Sean Elsbernd, Tom Ammiano

Clerk: Gail Johnson (415) 554-4445

---

		Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report

		Each member of the public will be allotted the same maximum number of minutes to speak as set by the Chair at the beginning of each item, excluding City representatives, 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 speakers not requesting translation assistance. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting.

	MEETING CONVENED

	REGULAR AGENDA

1.	061245	[Appointment - Graffiti Advisory Board]
		Resolution appointing Don Bechler, for an indefinite term, to the Graffiti Advisory Board. Don Bechler, succeeding Machaela Hoctor, resigned, seat 10, must be an at-large member knowledgeable in graffiti issues, for an indefinite term. Supervisor Elsbernd dissented in committee.
		9/1/06, RECEIVED AND ASSIGNED to Rules Committee.
		1 Seat/1 Applicant Gideon Kramer, Seat 10

2.	061246	[Appointment - Mental Health Board]
		Resolution appointing Supervisor Fiona Ma, term ending January 31, 2007, to the Mental Health Board. Fiona Ma, succeeding Bevan Dufty, resigned, seat 17, must be a member of the Board of Supervisors, for the unexpired portion of a two-year term ending January 31, 2007.
		9/1/06, RECEIVED AND ASSIGNED to Rules Committee.
		1 Seat/1 Applicant Supervisor Fiona Ma

3.	061247	[Appointment - Pedestrian Safety Advisory Committee]
		Resolution appointing Dan Brook, term ending March 28, 2007, and David Canevari, term ending March 28, 2008, to the Pedestrian Safety Advisory Committee. Dan Brook, succeeding Aileen Carrigan, resigned, seat 10, must represent the public at-large, for the unexpired portion of a two-year term ending March 28, 2007. Brian Canevari, succeeding Anwar Mai, term expired, seat 11, must represent the public at-large, for the unexpired portion of a two-year term ending March 28, 2008.
		9/1/06, RECEIVED AND ASSIGNED to Rules Committee.
		2 Seats/2 Applicants Dan Brook, Seats 10 and 11 Brian David Canevari, Seats 10 and 11

4.	061248	[Appointment - Veterans Affairs Commission]
		Resolution appointing James Guglielmoni, term ending January 31, 2010, to the Veterans Affairs Commission. James Guglielmoni, succeeding Brian Zweir, term expired, seat 10, must be an at-large appointment, for the unexpired portion of a four-year term ending January 31, 2010.
		9/1/06, RECEIVED AND ASSIGNED to Rules Committee.
		1 Seat/3 Applicants Kenneth A. Breiten, Seat 10 James Guglielmoni, Seat 10 Reggie W. Place, Seat 10

5.	061249	[Appointment - San Francisco Health Authority]
		Resolution appointing Gene Marie O'Connell, John Gressman, Randall Low, Dale Butler, Tracey Faulkner, Steve Fields, and Sharon Kotabe, terms ending January 15, 2009, to the San Francisco Health Authority; residency requirement waived. Gene Marie O'Connell, succeeding herself, term expired, seat 3, must be senior manager of San Francisco General Hospital, for the unexpired portion of a three-year term ending January 15, 2009. John Gressman, succeeding himself, term expired, seat 5, must be an employee in the senior management of either private nonprofit community clinics or a community clinic consortium, nominated by the SF Community Clinic Consortium, or any successor organization, for the unexpired portion of a three-year term ending January 15, 2009. Randall Low, succeeding himself, term expired, seat 7, must be physician, and nominee of SF Medical Society, or any successor organization, for the unexpired portion of a three-year term ending January 15, 2009. Dale Butler, succeeding himself, term expired, seat 9, must be nominee of San Francisco Labor Council or any successor organization, for the unexpired portion of a three-year term ending January 15, 2009. Tracey Faulkner, succeeding herself, term expired, seat 11, must be a nominee of Health Authority Beneficiary Advisory Committee, at least one of whom shall at the time of appointment and during the person's term be a Medi-Cal beneficiary, for the unexpired portion of a three-year term ending January 15, 2009. Steve Fields, succeeding himself, term expired, seat 12, must be a person knowledgeable in matters relating to either traditional safety net providers, health care organizations, the Medi-Cal program, or the activities of the health authority, nominated by the program committee of the health committee, for the unexpired portion of a three-year term ending January 15, 2009. Sharon Kotabe, succeeding Stuart Heard, term expired, seat 14, must be nominee of San Francisco Pharmacy Leadership Group, or any successor organization, for the unexpired portion of a three-year term ending January 15, 2009.
		9/1/06, RECEIVED AND ASSIGNED to Rules Committee.
		7 Seats/7 Applicants Gene Marie O'Connell, Seat 3 (residency waiver required) John Gressman, Seat 5 (residency waiver required) Randall Low, Seat 7 Dale Butler, Seat 9 Tracey Faulkner, Seat 11 Steve Fields, Seat 12 (residency waiver required) Sharon Kotabe, Seat 14

	LITIGATION

	Conference with City Attorney
		[Convene in Closed Session - Existing Litigation - City as Plaintiff and/or Defendant] Motion that the Rules Committee Committee of the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing lawsuits and claims in which proposed settlements are being considered by the Committee. Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuits and/or claims listed below.

6.	060973	[Settlement of Lawsuit - Assessment Appeals Board]
		Ordinance authorizing settlement of administrative writ petition filed by the City and County of San Francisco challenging the Assessment Appeals Board's Property Tax Assessment for the Giants' baseball park at China Basin for the 2001/02, 2002/03 and 2003/04 tax years contingent upon approval of roll values by the Assessment Appeals Board and payment of an amount that reflects the reduced roll values, including interest; City filed its writ petition on January 19, 2006 in San Francisco Superior Court, entitled City and County of San Francisco v. Assessment Appeals Board No. 1, Case No. 506010. (City Attorney)
		7/11/06, RECEIVED AND ASSIGNED to Rules Committee.

7.	061154	[Settlement of Lawsuit - Stephen N. Farac v. City and County of San Francisco, et al.]
		Ordinance authorizing settlement of the matter of Stephen Farac v. City and County of San Francisco for $50,000. The lawsuit was filed on April 28, 2005, in San Francisco Superior Court, Case No. 440-820; entitled Stephen N. Farac v. City and County of San Francisco, and Does 1 Through 20, Inclusive. (City Attorney)
		8/7/06, RECEIVED AND ASSIGNED to Rules Committee.

8.	061171	[Settlement of Lawsuit - Department of Fair Employment and Housing v. City and County of San Francisco, et al]
		Ordinance authorizing settlement of the lawsuit filed by Department of Fair Employment and Housing on behalf of Real Party in Interest Angela Martin against the City and County of San Francisco for $160,000.00; the lawsuit was filed on August 4, 2005, in San Francisco Superior Court, Case No. 443742; entitled Department of Fair Employment and Housing v. City and County of San Francisco, et al. (City Attorney)
		8/9/06, RECEIVED AND ASSIGNED to Rules Committee.

9.	061227	[Settlement of Lawsuit - CCSF, et al. v. Kam Kong Tang and Kai Yuen Ng]
		Ordinance authorizing the settlement of a lawsuit filed by the City and County of San Francisco against Kam Kong Tang and Kai Yuen Ng, former part owners of the King Tin Restaurant, for $85,000.00; the lawsuit was filed on August 3, 2005 for violation of the City's Minimum Wage Ordinance, in San Francisco Superior Court, Case No. 433685, entitled City and County of San Francisco, et al. v. Kam Kong Tang and Kai Yuen Ng. (City Attorney)
		8/25/06, RECEIVED AND ASSIGNED to Rules Committee.

10.	061228	[Settlement of Lawsuit - John and Judith Bovio, et al., v. City and County of San Francisco, et al]
		Ordinance authorizing settlement of the lawsuit filed by John and Judith Bovio against the City and County of San Francisco for $85,000; the lawsuit was filed on December 8, 2004 in San Francisco Superior Court, Case No. 436-946; entitled John and Judith Bovio, et al., v. City and County of San Francisco, et al. (City Attorney)
		8/25/06, RECEIVED AND ASSIGNED to Rules Committee.

		After a closed session, if one occurs, the Committee shall adopt a motion either to disclose or not to disclose.

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

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

	ADJOURNMENT

	IMPORTANT INFORMATION
		NOTE: Persons unable to attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the agenda items above. These comments will be made a part of the official public record and shall be brought to the attention of the Board of Supervisors. Any written comments should be sent to: Committee Clerk of the Rules Committee, San Francisco Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102 by 5:00 p.m. on the day prior to the hearing. Comments which cannot be delivered to the committee clerk by that time may be taken directly to the hearing at the location above.

	LEGISLATION UNDER THE 30-DAY RULE

	(Not to be considered at this meeting)
		Rule 5.40 provides that when an ordinance or resolution is introduced which would CREATE OR REVISE MAJOR CITY POLICY, the committee to which the legislation is assigned shall not consider the legislation until at least thirty days after the date of introduction. The provisions of this rule shall not apply to the routine operations of the departments of the City or when a legal time limit controls the hearing timing. In general, the rule shall not apply to hearings to consider subject matter when no legislation has been presented, nor shall the rule apply to resolutions which simply URGE action to be taken.

	There are no items now pending under the 30-day rule.

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board has several standing Committees where ordinances and resolutions are the subject of hearings 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 at a Committee meeting 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; 3) signs to be brought into the meeting or displayed in the room; 4) standing in the meeting room. Citizens are encouraged to testify at Committee meetings and to write letters to the Clerk of a Committee or to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bos_meetings Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188. Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability Access

The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, N, and T (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 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. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City's efforts 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 perfumes and various other chemical-based scented 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 decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. The Sunshine 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 Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102 by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

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