City and County of San Francisco
Rules Committee
City Hall, Committee Room 263
Meeting Agenda
Thursday, November 19, 2009
10:00 AM
Regular Meeting
Members: David Campos, Chris Daly, Michela Alioto-Pier
Clerk: Linda Wong (415) 554-7719
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Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report |
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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. |
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| 1. |
091318 |
[Appointments, Graffiti Advisory Board] |
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Hearing to consider appointing three members, terms ending April 10, 2011, to the Graffiti Advisory Board.
Vacant seat, succeeding Nino Parker, seat 12, term expired, must represent youth groups who provide services for juveniles involved in alternative programs for graffiti diversion, for the unexpired portion of a two-year term ending April 10, 2011.
Vacant seat, succeeding Leigh Ann Baughman, seat 13, resigned, must represent nonprofit organizations that provide services related to the City’s beautification and neighborhood cleanup programs, for the unexpired portion of a two-year term ending April 10, 2011.
Vacant seat, succeeding Michael Cashion, seat 14, term expired, must represent business that operates in San Francisco and be a property owner, for the unexpired portion of a two-year term ending April 10, 2011.
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11/12/09, RECEIVED AND ASSIGNED to Rules Committee. |
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3 seats/3 applicants
Nino Parker, seat 12
David Crommie, seat 13
Debbie Shea, seat 14 |
| 2. |
091320 |
[Appointment, Eastern Neighborhoods Citizens Advisory Committee] |
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Hearing to consider appointing one member, term ending October 19, 2011, to the Eastern Neighborhoods Citizens Advisory Committee.
Vacant seat, succeeding Chris Durazo, seat 5, resigned, must be nominated by District 6 Supervisor and confirmed by the full Board, for the unexpired portion of a two-year term ending October 19, 2011.
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11/12/09, RECEIVED AND ASSIGNED to Rules Committee. |
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1 seat/1 applicant
Fernando Marti, seat 5 |
| 3. |
091152 |
[Confirming the appointment of Miguel Bustos to the San Francisco Redevelopment Agency] |
Mayor |
Motion confirming the appointment of Miguel Bustos to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2013.
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9/28/09, RECEIVED AND ASSIGNED to Rules Committee. |
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| 4. |
090960 |
[Honoring small local businesses during Small Business Month] |
Supervisor Alioto-Pier |
Ordinance amending the San Francisco Administrative Code by requiring the Small Business Commission to declare one month out of the year “Small Business Month" and to recognize small local businesses during the Small Business Month.
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7/28/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 8/27/2009. |
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8/12/09, REFERRED TO DEPARTMENT. To Small Business Commission for comment. Response received on 8/14/09. |
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11/5/09, CONTINUED. To November 19, 2009. |
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| 5. |
091137 |
[Mills Act Contract Procedures] |
Supervisor Alioto-Pier |
Ordinance amending Chapter 71 of the San Francisco Administrative Code regarding historical property (Mills Act) contract procedures to reflect amendments made to the San Francisco Charter to create the Historic Preservation Commission, expand the definition of "qualified historical property" to include properties listed on the California Register of Historical Resources, establish certain time lines for review of applications for historical property contracts, require Budget Analyst review of applications for historical property contracts, and making other clarifying amendments; and making findings, including environmental findings.
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9/22/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/22/2009. |
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10/6/09, SUBSTITUTED. Supervisor Alioto-Pier submitted a substitute ordinance bearing new title. |
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10/6/09, ASSIGNED to Rules Committee. |
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10/14/09, REFERRED TO DEPARTMENT. To Planning Department for CEQA review and Historic Preservation Commission for comment and recommendation. 11/03/09 - Planning Department CEQA determination received. 11/04/09 - Historic Preservation Commission recommendation received. |
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11/5/09, CONTINUED. To November 19, 2009. |
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11/9/09, SUBSTITUTED. Supervisor Alioto-Pier submitted a substitute ordinance bearing new title. |
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11/9/09, RECEIVED AND ASSIGNED to Rules Committee. |
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Conference with City Attorney |
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[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 concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuits and claims listed below. |
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| 6. |
091076 |
[Settlement of Lawsuit - Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco - |
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Ordinance authorizing settlement of the lawsuit filed by Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco against the City and County of San Francisco for $1,750,000; the lawsuit was filed on January 16, 2009, in San Francisco Superior Court, Case No. 484-171; entitled Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco, et al. v. City and County of San Francisco, et al. (City Attorney)
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9/17/09, RECEIVED AND ASSIGNED to Rules Committee. |
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11/5/09, CONTINUED TO CALL OF THE CHAIR. |
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The Chair will entertain a motion to send this item forward to the full Board as a Committee Report on November 24, 2009. |
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091291 |
[Settlement of Lawsuit - City and County of San Francisco - $1,260,000] |
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Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against the Design Partnership and Del Campo and Maru, Joint Association of Architects, for (a) 1,260,000 payable to the City and County of San Francisco and (b) mutual releases; the lawsuit was filed on March 20, 2009, in San Francisco Superior Court, Case No. 09-486423; entitled City and County of San Francisco v. The Design Partnership and Del Campo and Maru, Joint Association of Architects. (City Attorney)
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11/5/09, RECEIVED AND ASSIGNED to Rules Committee. |
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| 8. |
091264 |
[Settlement of Lawsuits - Earnest Henderson, Janel Gotta, Aaron Rauls, Michael Perez, Arturo Pleitez, and Mack Woodfox - $217,000] |
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Ordinance authorizing settlement of two lawsuits, which were filed by Earnest Henderson, Janel Gotta, Aaron Rauls, Michael Perez, Arturo Pleitez, and Mack Woodfox against the City and County of San Francisco and its employees for a total amount of $217,000; the first lawsuit was filed on January 14, 2005, in the United States District Court for the Northern District of California, Case No. C05-0280 VRW/WAF, entitled Earnest Henderson, et al., v. City and County of San Francisco, et al.; the second lawsuit was filed on October 18, 2005, in the United States District Court for the Northern District of California, Case No. C05-4220 VRW; entitled Mack Woodfox v. City and County of San Francisco, et al.; the above total settlement amount also includes all claims for costs and attorneys’ fees. (City Attorney)
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10/27/09, RECEIVED AND ASSIGNED to Rules Committee. |
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| 9. |
091265 |
[Settlement of Lawsuits - Joanne Lozenski, Juanita Stockwell, and Susan Rolovich - $95,000] |
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Ordinance authorizing settlement of the lawsuit filed by Joanne Lozenski, Juanita Stockwell, and Susan Rolovich against the City and County of San Francisco, Alex Fagan, and Rod Nakanishi for $95,000; the lawsuit was filed on December 14, 2004, in San Francisco Superior Court, Case No. 04-436254; entitled Lozenski, et al., v. City and County of San Francisco, et al. (City Attorney)
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10/27/09, RECEIVED AND ASSIGNED to Rules Committee. |
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| 10. |
091289 |
[Settlement of Lawsuits - David Spears and Sabrina Wigfall - $97,500] |
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Ordinance authorizing settlement of the lawsuits filed by David Spears and Sabrin Wigfall against the City and County of San Francisco and Kyle Adams against the City and County of San Francisco for $97,500; the lawsuits were filed on February 6, 2004 and August 1, 2008, in the United States District Court for the Northern District of California, Case Nos. 06-cv-04968 VRW and 08-vc-03696 PJH; entitled David Spears and Sabrina Wigfall v. City and County of San Francisco, et al. and Kyle Adams v. City and County of San Francisco, et al. (City Attorney)
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11/5/09, RECEIVED AND ASSIGNED to Rules Committee. |
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| 11. |
091290 |
[Settlement of Lawsuit - Lisa Anne Haller - $230,000] |
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Ordinance authorizing settlement of the lawsuit filed by Lisa Anne Haller against the City and County of San Francisco for $230,000; the lawsuit was filed on March 20, 2007, in San Francisco Superior Court, Case No. 461-498; entitled Lisa Anne Haller, et al. v. City and County of San Francisco, et al. (City Attorney)
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11/5/09, RECEIVED AND ASSIGNED to Rules Committee. |
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After a closed session, if one occurs, the Committee shall adopt a motion either to disclose or not to disclose. |
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[Elect To Disclose] Motion that the Committee finds it is in the public interest to disclose information discussed in closed session, and directs the Chair immediately to disclose that information. |
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[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. |
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IMPORTANT INFORMATION |
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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. |
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NOTE: Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the general plan amendments or planning code and zoning map amendments described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing. |
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LEGISLATION UNDER THE 30-DAY RULE |
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(Not to be considered at this meeting) |
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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. |
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091233 |
[Amendments to Chapters 6 and 21, Related to False Claims] |
Supervisor Alioto-Pier |
Ordinance amending Administrative Code Sections 6.22, 6.42, and 21.35 to clarify that the false claims provisions of Chapters 6 and 12 are statutory rather than contractual and to eliminate the requirement that such provisions be incorporated into public works contracts or professional services contracts.
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10/27/09, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/26/2009. |
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| 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 5, 6, 7, 9, 21, 47, 49, 71, 71L, F, J, K, L, M, N, T (exit at Van Ness Station). For more information about MUNI accessible services, call (415) 701-4485.
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 by mail 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 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 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site www.sfgov.org/ethics |
Last updated: 11/16/2009 1:40:53 PM
