City and County of San Francisco

April 16, 2009

City and County of San Francisco

City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

MEETING MINUTES
Thursday, April 16, 2009
10:00 AM
City Hall, Room 263
Regular Meeting


Rules Committee


Members: Chris Daly, Carmen Chu, David Campos

Clerk: Linda Wong (415) 554-7719


Members Present: Chris Daly, Carmen Chu, David Campos.
Members Excused: None.
Members Absent: None.


MEETING CONVENED
The meeting convened at 10:03 a.m.

REGULAR AGENDA

090453 [Appointment, Police Commission - Petra DeJesus]
Hearing to consider appointing one member, term ending April 30, 2013, to the Police Commission.

Seat 3, succeeding Petra DeJesus, term expiring on April 30, 2009, must be nominated by the Rules Committee or its successor and subject to confirmation by the Board of Supervisors for a four-year term ending April 30, 2013.
4/9/09, RECEIVED AND ASSIGNED to Rules Committee.
Heard in Committee. Speaker: Petra DeJesus.
Appointment of Petra DeJesus, seat 3, recommended.

Motion appointing Petra DeJesus, term ending April 30, 2013, to the Police Commission.
RECOMMENDED.. by the following vote:
Ayes: 3 - Daly, Chu, Campos

090232 [Appointment, Historical Preservation Commission - Ruth Todd]
Motion approving the Mayor's nomination for appointment of Ruth Todd to the Historical Preservation Commission, Seat No. 2, for a two-year term ending date to be determined. (Clerk of the Board)

(Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 090233. Transmittal date - February 24, 2009.)
2/24/09, RECEIVED AND ASSIGNED to Rules Committee.
4/2/09, CONTINUED. Heard in Committee. Speakers: Cynthia Servetnick; male speaker; Joe Butler. Continued to the next meeting.
Heard in Committee. Speakers: Ruth Todd; Courtney Damkroger; Judith Wham; Diane Roth; Ingle Harden; Daivd Tornheim; Dennis Richard; Jay Turbol; Cythnia Servetnick; Michael Yarne, Mayor's Office of Economic and Workforce Development.
TABLED by the following vote:
Ayes: 2 - Daly, Campos
Noes: 1 - Chu

090233 [Appointment, Historical Preservation Commission - Ruth Todd]
Motion rejecting the Mayor's nomination for appointment of Ruth Todd to the Historical Preservation Commission, Seat No. 2, for a two-year term ending date to be determined. (Clerk of the Board)

(Section 4.135 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 090232. Transmittal date - February 24, 2009.)
2/24/09, RECEIVED AND ASSIGNED to Rules Committee.
4/2/09, CONTINUED. Heard in Committee. Speakers: Cynthia Servetnick; male speaker; Joe Butler. Continued to the next meeting.
Heard in Committee. Speakers: Ruth Todd; Courtney Damkroger; Judith Wham; Diane Roth; Ingle Harden; Daivd Tornheim; Dennis Richard; Jay Turbol; Cythnia Servetnick; Michael Yarne, Mayor's Office of Economic and Workforce Development.
RECOMMENDED AS COMMITTEE REPORT by the following vote:
Ayes: 2 - Daly, Campos
Noes: 1 - Chu

090439 [Appointments, Immigrant Rights Commission - Solomon Jones and Elahe Enssani]
Hearing to consider appointing two members, terms ending June 6, 2010, to the Immigrant Rights Commission.

Seat 3, succeeding Solomon Jones, term expired, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2010.
Seat 9, succeeding Elahe Enssani, term expired, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for the unexpired portion of a two-year term ending June 6, 2010.
4/7/09, RECEIVED AND ASSIGNED to Rules Committee.
Heard in Committee. Speakers: Adrienne Pon, Immigrant Rights Commission; Solomon Jones.
Appointment of Solomon Jones, seat 3, recommended.
Appointment of Elahe Enssani, seat 9, recommended.

Motion appointing Solomon Jones and Elahe Enssani, terms ending June 6, 2010, to the Immigrant Rights Commission.
RECOMMENDED.. by the following vote:
Ayes: 3 - Daly, Chu, Campos

090440 [Appointment, Commission on the Aging Advisory Council - Vera Haile]
Hearing to consider appointing one member, term ending March 31, 2011, to the Commission on Aging Advisory Council.

Seat 8, succeeding Vera Haile, term expired, must be nominee of District 1 Supervisor for the unexpired portion of a two-year term ending March 31, 2011.
4/7/09, RECEIVED AND ASSIGNED to Rules Committee.
Heard in Committee. Speakers: none.
Appointment of Vera Haile, seat 8, recommended.

Motion appointing Vera Haile, term ending March 31, 2011, to the Commission on the Aging Advisory Council.
RECOMMENDED.. by the following vote:
Ayes: 3 - Daly, Chu, Campos

090435 [Appointments, Child Care Planning and Advisory Council - Judith Baker, Lourdes Alarcon and Heidi McLaughlin]
Hearing to consider appointing three members, terms ending December 31, 2009, December 31, 2010 and December 31, 2011, to the Child Care Planning and Advisory Council.

Seat 6, succeeding Noushin Mofakham, resigned, must be a nominee of District 6 Supervisor selected from: parent advisory councils of public and private child care programs; associations of child care centers, family day care providers and Head Start; public interest organizations including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer Work and Family Coalition; and members of labor organizations and local organizations that fall within the definition of "Community representative" for the unexpired portion of a three-year term ending December 31, 2010.
Seat 8, succeeding Rita Times, term expired, must be a nominee of District 8 Supervisor selected from: parent advisory councils of public and private child care programs; associations of child care centers, family day care providers and Head Start; public interest organizations including but not limited to the Child Care Law Center; community
4/7/09, RECEIVED AND ASSIGNED to Rules Committee.
Heard in Committee. Speakers: Judith Baker; Heidi McLaughlin; male speaker.
Appointment of Judith Baker, seat 6, recommended.
Appointment of Louris Alarcon, seat 8, recommended.
Appointment of Heidi McLaughlin, seat 9, recommended.

Motion appointing Judith Baker, term ending December 31, 2010, Lourdes Alarcon, term ending December 31, 2009 and Heidi McLaughlin, term ending December 31, 2011, to the Child Care Planning and Advisory Council.
RECOMMENDED.. by the following vote:
Ayes: 3 - Daly, Chu, Campos

090436 [Appointment, Bicycle Advisory Committee - Rachel Ebora]
Hearing to consider appointing one member, term ending November 19, 2010, to the Bicycle Advisory Committee.

Seat 9, succeeding Mark Hostenpiller, term expired, must be a nominee of District 9 Supervisor, for unexpired portion of a two-year term ending November 19, 2010.
4/7/09, RECEIVED AND ASSIGNED to Rules Committee.
Heard in Committee. Speaker: Rachel Ebora.
Appointment of Rachel Ebora, seat 9, recommended.

Motion appointing Rachel Ebora, term ending November 19, 2010, to the Bicycle Advisory Committee.
RECOMMENDED.. by the following vote:
Ayes: 3 - Daly, Chu, Campos

090434 [Appointments, Children's Collaborative Task Force - Lindsay Page, Peggy Brown and Allyson Clark]
Hearing to consider appointing four members, terms to be determined, to the Children's Collaborative Task Force.

Seat 5, new appointment, must be the parent of a child currently enrolled in or attending a public school in San Francisco, for a two-year term to be determined.
Seat 6, new appointment, must be the parent of a child currently enrolled in or attending a public school in San Francisco.
Seat 11, new appointment, must be a teacher and/or an education professional currently employed by a private school in San Francisco, for a two-year term to be determined.
Seat 20, new appointment, must be the parent of a child currently enrolled in or attending a parochial school in San Francisco.
4/7/09, RECEIVED AND ASSIGNED to Rules Committee.
Heard in Committee. Speakers: Peggy Brown; Allyson Clark; Lindsay Page.
Appointment of Lindsay Page, seat 5, recommended.
Appointment of Peggy Brown, seat 11, recommended.
Appointment of Allyson Clark, seat 20, recommended.
Seat 6 was not filled.

Motion appointing Lindsay Page, Peggy Brown and Allyson Clark, terms to be determined, to the Children's Collaborative Task Force.
RECOMMENDED.. by the following vote:
Ayes: 3 - Daly, Chu, Campos

LITIGATION

Conference with City Attorney
[Convene in Closed Session - Existing Litigation - City as Plaintiff and/or Defendant]
Motion that the Rules 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. Administrative Code Section 67.10(d) permit this closed session. Discussion in open session concerming these matters would likely and unavoidably prejudice the position of the City in the pending lawsuits and claims listed below.
Unanimous vote to convene in closed session by the following vote:
Ayes: 3 - Daly, Chu, Campos

090384 [Settlement of Unlitigated Claim - Allstate Insurance Company - $30,000]
Resolution approving the settlement of unlitigated claim of Allstate Insurance Company as subrogee for Rajitha Sangha against San Francisco for $30,000; claim was filed on October 22, 2008. (City Attorney)
3/31/09, RECEIVED AND ASSIGNED to Rules Committee.
RECOMMENDED by the following vote:
Ayes: 3 - Daly, Chu, Campos

090385 [Settlement of Lawsuit - Robert Cruz and Darwin Dias - $92,000]
Ordinance authorizing settlement of the lawsuit filed by Robert Cruz and Darwin Dias against the City and County of San Francisco for $92,000; the lawsuit was filed on January 14, 2008, in the United States District Court, Northern District of California, Case No. 08-0244; entitled Robert Cruz, et al. v. City and County of San Francisco, et al. (City Attorney)
3/31/09, RECEIVED AND ASSIGNED to Rules Committee.
RECOMMENDED by the following vote:
Ayes: 3 - Daly, Chu, Campos

090354 [Settlement of Lawsuit - State of California, Department of Alcohol and Drug Programs - $604,354]
Ordinance authorizing settlement of the administrative action filed by the State of California, Department of Alcohol and Drug Programs against the City and County of San Francisco for $604,354; the administrative action was initiated on March 20, 2008, in the California Office of Administrative Hearings, Case Nos. SACPA 02/03-38 and 03/04-38, OAH No. 2008070346 entitled In the Matter of the Audit of the City and County of San Francisco, Substance Abuse and Crime Prevention Act. (City Attorney)
3/17/09, RECEIVED AND ASSIGNED to Rules Committee.
RECOMMENDED by the following vote:
Ayes: 3 - Daly, Chu, Campos

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


Deputy City Attorney Cheryl Adams reported that the Rules Committee has met in closed session with the City Attorney, under the provisions of Government Code Section 54956.9 (a) and Administrative Code Section 67.8 (3), for the purpose of conferring with, or receiving advice from, the City Attorney regarding settlements in the lawsuits or claims listed above.

[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.
Unamimous vote not to disclose by the following vote:
Ayes: 3 - Daly, Chu, Campos

ADJOURNMENT




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