Full Board Agendas

City and County of San Francisco

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

MEETING MINUTES
Tuesday, August 26, 2003
2:00 PM
Legislative Chamber - Second Floor
Regular Meeting

Board of Supervisors

MATT GONZALEZ, PRESIDENT
TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL,
FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK,
GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL

Members Present:	Tom Ammiano, Matt Gonzalez, Tony Hall, Fiona Ma, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval.
Members Excused:	Chris Daly, Bevan Dufty.
Members Absent:	None.

ROLL CALL AND PLEDGE OF ALLEGIANCE
	The meeting was called to order at 2:02 p.m. On the call of the roll, the following Supervisors were noted absent. Supervisors Daly, Dufty, McGoldrick - 3 Quorum present. Supervisor McGoldrick was noted present at 2:05 p.m. Supervisors Daly and Dufty were excused from attending today's meeting. (See Infra)

APPROVAL OF MEETING MINUTES


	Supervisor Maxwell, seconded by Supervisor Peskin, moved to approve July 22, 2003 and July 29, 2003 Meeting Minutes. The motion carried by the following vote:
	Ayes: 8 - Ammiano, Gonzalez, Hall, Ma, Maxwell, Newsom, Peskin, Sandoval Absent: 1 - McGoldrick Excused: 2 - Daly, Dufty

Supervisors Excused from Attendance


	Supervisor Ammiano, seconded by Supervisor Peskin, moved to excuse Supervisor Daly and Supervisor Dufty from attending today's meeting. The motion carried by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

Privilege of the Floor


	Supervisor Ma, seconded by Supervisor Peskin, moved to suspend Rule 4.28 Rules of Order of the Board of Supervisors to grant the privilege of the floor to the following guests. The motion carried by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty


	Supervisor Ma introduced, welcomed and presented a Certificate of Honor to Dr. Ma, Mayor of Taipei who recognized other representatives of the City of Taipei government.

CONSENT AGENDA

Recommendations of the City Services Committee

031258	[Gift Acceptance, Laguna Honda Hospital - Passenger Van]		Supervisors Hall, Dufty
	Resolution authorizing the Department of Public Health, Laguna Honda Hospital to accept and use a gift donated to Laguna Honda Hospital in the amount of $37,857 from the Laguna Honda Hospital Volunteer Services, Inc. for the exclusive benefit of Laguna Honda residents. (Public Health Department) (No Public Benefit Recipient.)

	Enacted Number:	572-03
	ADOPTED

031259	[Gift Acceptance, Laguna Honda Hospital - Electric Vehicles]		Supervisors Hall, Dufty
	Resolution authorizing the Department of Public Health, Laguna Honda Hospital to accept and use a gift of equipment-two electric vehicles in the amount of $14,310 from the McKesson Corporation for the general benefit of all residents at Laguna Honda Hospital. (Public Health Department) (No Public Benefit Recipient.)

	Enacted Number:	573-03
	ADOPTED

Recommendations of the Finance and Audits Committee

031315	[MOU - Fire Fighters Union, Local 798 IAFF, AFL-CIO, Unit 1]		Mayor, Supervisor Dufty
	Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798 IAFF, AFL-CIO, Unit 1, to be effective July 1, 2003 through June 30, 2005.

	Enacted Number:	224-03
	FINALLY PASSED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031316	[MOU - Fire Fighters Union, Local 798 IAFF, AFL-CIO, Unit 2]		Mayor, Supervisor Dufty
	Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798 IAFF, AFL-CIO, Unit 2, to be effective July 1, 2003 through June 30, 2005.

	Enacted Number:	225-03
	FINALLY PASSED

031271	[Grant of Easements in Santa Clara County]
	Resolution authorizing the grant of easements to the Santa Clara Valley Transportation Authority over property in the County of Santa Clara under the jurisdiction of the San Francisco Public Utilities Commission; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting findings pursuant to the California Environmental Quality Act; authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution; and ratifying acts and authorizing actions in furtherance of this resolution. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	574-03
	ADOPTED

Recommendations of the Land Use Committee

030941	[Vacation of easements in approximately 260 square foot portion of the N2 mid-block walkway (Assessor's Block 8706, Lot 2)]
	Ordinance ordering the vacation of two (2) portions of the pedestrian ingress and egress easement and public utility easement in the N2 mid-block walkway (Assessor's Block 8706, Lot 2), within the Mission Bay North Redevelopment Project Area; authorizing a quitclaim of the City and County of San Francisco's rights and interest in the vacated areas; adopting findings that such actions are consistent with the City's General Plan, the eight priority policies of City's Planning Code Section 101.1 and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 174,111; and authorizing other official acts in connection with this ordinance. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,111.)

	Enacted Number:	220-03
	FINALLY PASSED

030948	[Ordering vacation of portion of Berry Street at Sixth Street and approving a Property Exchange Agreement in Mission Bay North]
	Ordinance ordering the vacation of a 639.5 Sq. Ft. portion of Berry Street at Sixth Street within the Mission Bay Redevelopment Project Area subject to reservations of certain utility easements in the vacated area; authorizing a quitclaim of the City and County of San Francisco's rights and interest in the vacated area to Catellus Development Corporation ("Catellus"); approving the Property Exchange Agreement (Mission Bay North Plan Area) to acquire certain Catellus properties in exchange for certain City properties; adopting findings that such actions are consistent with the City's General Plan, priority policies of City's Planning Code Section 101.1 and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 174,110; and authorizing official acts in connection with this ordinance. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,110.)

	Enacted Number:	221-03
	FINALLY PASSED

031213	[Amending Residential Rent Stabilization and Arbitration Ordinance]
	Ordinance amending Administrative Code Chapter 37 (Residential Rent Stabilization and Arbitration Ordinance) by amending Section 37.4 to provide that if one of the two regular landlord members is unavailable to vote, that member's specific alternate shall be seated and vote, but if that member's specific alternate is also unavailable to vote, the other landlord alternate shall (if available) be seated and vote as a substitute alternate; if one of the two regular tenant members is unavailable to vote, that member's specific alternate shall be seated and vote, but if that member's specific alternate is also unavailable to vote, the other tenant alternate shall (if available) be seated and vote as a substitute alternate; this would modify the current Code that provides each of the two regular landlord members with a specific alternate, but no mechanism for the two landlord alternates to substitute for one another; likewise, this would modify the current Code that provides each of the two regular tenant members with a specific alternate, but no mechanism for the two tenant alternates to substitute for one another. (Rent Stabilization and Arbitration Board)

	Enacted Number:	222-03
	FINALLY PASSED

Recommendations of the Rules Committee

031254	[Settlement of Lawsuit - Evelyn Mata]
	Ordinance authorizing settlement of the lawsuit filed by Evelyn Mata against the City and County of San Francisco, San Francisco Police Department and Nancy Brewer for $50,000; the lawsuit was filed on August 9, 2002 in San Francisco Superior Court, Case No. C-01-411318 entitled Evelyn Mata v. City and County of San Francisco, San Francisco Police Department, Nancy Brewer, et al. (City Attorney) (Public Benefit Recipient.)

	Enacted Number:	223-03
	FINALLY PASSED

031338	[Settlement of Lawsuit - Bellaire Tower Homeowners Association]
	Ordinance authorizing settlement of the lawsuit filed by Bellaire Tower Homeowners Association against the City and County of San Francisco for $83,862.34; the lawsuit was filed on December 31, 2001 in San Francisco Superior Court, Case No. 402-355; entitled Bellaire Tower Homeowners Association, et al. v. City and County of San Francisco, et al. (City Attorney) (Public Benefit Recipient.)

	Enacted Number:	226-03
	FINALLY PASSED

030483	[Recognition of marriages, domestic partnerships and civil unions]		Supervisors Daly, Dufty, Ammiano, Gonzalez, Peskin, McGoldrick, Newsom
	Ordinance amending Chapter 62 of the Administrative Code by adding Section 62.10 to extend recognition of domestic partnerships, civil unions, and other similar legal relationships to persons who lawfully enter into these agreements in other jurisdictions.

	Enacted Number:	219-03
	FINALLY PASSED




	The foregoing items were acted upon by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

Severed From Consent Agenda
	Supervisor Peskin requested that this matter be severed so that it could be considered separately.

031244	[Glen Park Branch Library]	Supervisor Dufty
	Ordinance approving and authorizing the Director of Property to execute an Agreement of Purchase and Sale of Real Property with Glen Park Marketplace Phoenix, LLC, for the purchase of a condominium unit in a mixed use project to be located at Diamond and Wilder Streets for use as the Glen Park branch of the San Francisco Public Library; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1.; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Ordinance. (Fiscal impact.)
	Continued to September 16, 2003

	Supervisor Peskin, seconded by Supervisor McGoldrick, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

REGULAR AGENDA

NEW BUSINESS

Recommendations of the City Services Committee

031227	[Liquor License, 863 Bush Street]
	Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Joie de Vivre Hospitality, Inc. for Petite Auberge located at 863 Bush Street (District 3), will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code.

	Enacted Number:	569-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031256	[State Grant - Safe Routes to School Funds]		Supervisors Dufty, Newsom, McGoldrick
	Resolution authorizing the Director of Transportation or his designee to apply for retroactively, accept, and expend $444,060.00 in California State "Safe Routes to Schools" funds, with required local match of $48,940.00 (Parking and Traffic Department) (No Public Benefit Recipient.)

	Enacted Number:	570-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031257	[State Grant - Safe Routes to School Funds]		Supervisors Dufty, Newsom, McGoldrick
	Resolution authorizing the Director of Transportation or his designee to apply for retroactively, accept, and expend $428,400.00 in California State "Safe Routes to Schools" funds, with required local match of $47,600.00. (Parking and Traffic Department) (No Public Benefit Recipient.)

	Enacted Number:	571-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031322	[Amendment(s) to Design Agreement for the Laguna Honda Hospital Replacement Program]		Supervisor Hall
	Resolution authorizing the Director of Public Works to execute amendment(s) to a design agreement for the Laguna Honda Hospital replacement program from $29,900,000 to $31,533,540. (Fiscal impact.)

	Enacted Number:	579-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

Recommendations of the Finance and Audits Committee

031274	[Conservatory of Flowers - Fees]	Supervisor McGoldrick
	Ordinance making environmental findings and amending the San Francisco Park Code by adding Section 12.34 to establish the admission fees for the Conservatory of Flowers.


	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031399	[Stow Lake and Spreckels Lake restoration, sole source contract]	Mayor, Supervisor Hall
	Ordinance authorizing the Recreation and Park Department to negotiate and enter into a sole-source contract with Aquatic Environments, Inc., Alamo, California, to dredge Stow Lake and Spreckels Lake, install aeration and circulation equipment and repair the Lake edge.


	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031285	[Grant of Easements in San Mateo County]
	Resolution authorizing (retroactive to April 1, 2003 for Parcel 3) a grant of easements to the State of California over property in the County of San Mateo under the jurisdiction of the San Francisco Public Utilities Commission; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting findings pursuant to the California Environmental Quality Act; ratifying acts and authorizing actions in furtherance of this resolution; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	575-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031332	[Real Property License Agreement]
	Resolution authorizing, retroactive to April 1, 2003, a City-wide 800 MHz Radio System license agreement at the VA Medical Center, 4150 Clement Street, San Francisco for the Emergency Communications Department. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	580-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031334	[Lease of Real Property]
	Resolution authorizing a lease renewal of 1,496 sq. ft. for an Optometrist Office at 34 Van Ness Avenue, a City owned building commonly known as 30 Van Ness. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	581-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031339	[Lease of Real Property]
	Resolution authorizing the renewal of a lease of real property at 755 and 759 South Van Ness Avenue for continued use by the Department of Public Health, Community Behavioral Health Services. (Real Estate Department) (Public Benefit Recipient.)

	Enacted Number:	582-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

Recommendations of the Land Use Committee

031198	[CEQA Findings in Connection with the California Academy of Sciences Project]		Mayor
	Resolution affirming the Planning Commission's certification of the California Academy of Sciences Final Environmental Impact and adopting environmental findings (and a statement of overriding considerations) pursuant to the California Environmental Quality Act, State Guidelines, and Administrative Code Chapter 31 in connection with the California Academy of Sciences project. (Mayor)

	Enacted Number:	565-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031197	[California Academy of Sciences Project Approval]		Mayor
	Resolution approving the construction of the California Academy of Sciences project in Golden Gate Park pursuant to section 4.113 of the San Francisco Charter; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the project is consistent with the city's general plan, the Golden Gate Park master plan, and eight priority policies of city Planning Code section 101.1. (Mayor)

	Enacted Number:	564-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty


	Recess The Board, at the hour of 3:09 p.m. took a brief recess. Reconvening of the Board The Board, at the hour of 3:54 p.m. reconvened. Calling the Roll On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, - 8 Quorum present: Supervisor Sandoval was noted present at 3:56 p.m. Supervisors Daly and Dufty previously excused from attending today's meeting.

SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
	Supervisor Peskin introduced, welcomed and presented Certificates of Honor to members of the San Francisco Police Department, Robbery Detail and Ms. Sylvia Collins, SF Hot Tubs.

SPECIAL ORDER 4:00 P.M.

031295	[Public Hearing]
	Hearing of persons interested in or objecting to report of delinquent charges for refuse collection services and nuisance removal costs submitted by the Director of Public Health as modified to the date of adoption of this resolution, and creating Special Assessments and liens based thereon. (Clerk of the Board)
	Scott Nakamura, Department of Public Health, reviewed the Department's report with the Board. The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the Public Hearing Closed.

	HEARD AT PUBLIC HEARING.

031296	[Unpaid DPH Delinquent Refuse Service Payment Liens to become special assessments to the property taxes]
	Resolution confirming report of delinquent charges for refuse collection services and nuisance removal costs submitted by the Director of Public Health as modified to the date of adoption of this resolution, and creating Special Assessments and liens based thereon. (Public Health Department)

	Enacted Number:	576-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

SPECIAL ORDER 4:00 P.M.

031297	[Public Hearing]
	Hearing of persons interested in or objecting to report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Clerk of the Board)
	Helen Zevrina, Department of Public Health, reviewed the Department's report with the Board. The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the Public Hearing Closed.

	HEARD AT PUBLIC HEARING.

031298	[Unpaid DPH complaint reinspection fee liens to become special assessments to the property taxes]
	Resolution confirming the report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Public Health Department)

	Enacted Number:	577-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

SPECIAL ORDER 4:00 P.M.

031299	[Public Hearing]
	Hearing of persons interested in or objecting to report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, Emergency Order Fees, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18 102.19 et.seq., and Sections 108 and 110 Tables 1-K, and 1-G of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for services rendered by said Department of costs thereof having accrued to pursuant to the Code Violations referenced above. (Clerk of the Board)
	Bob Noelke, Department of Building of Inspection, reviewed the Department's report with the Board. Supervisor McGoldrick requesting information regarding lien 505-26th Avenue. Leo McFadden BBI informed Mr. Wong that BBI will delete lien from the list. Speakers: Mr. Wong, owner of 505 - 26th Avenue Warren Span, request to defer liens on property 257- 259 Oak Street Stephen Lippel, Attorney for owners of 2126 - 2128 Mission Street Chief Housing Inspector, BBI reviewed with the Board issues relating to 2126 -2128 Mission Street code enforcement liens. Renard Ford, 2473 Byrant Street The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the Public Hearing Closed.

	HEARD AT PUBLIC HEARING.

031300	[Special Assessment Liens for Assessment of Costs]
	Resolution confirming report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, Emergency Order Fees, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18 102.19 et.seq., and Sections 108 and 110 Tables 1-K, and 1-G of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for services rendered by said Department of costs thereof having accrued to pursuant to the Code Violations referenced above. (Building Inspection Department)

	Enacted Number:	578-03
	ADOPTED by the following vote:
	Ayes: 8 - Ammiano, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Gonzalez Excused: 2 - Daly, Dufty

	Supervisor Peskin, seconded by Supervisor Ammiano, moved to rescind the previous vote. Motion carried by the following vote: Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom Excused: 2 - Daly, Dufty Supervisor Peskin, seconded by Supervisor Ammiano, moved to amend the report by deleting property located at 2473 Byrant Street from the code enforcement lien report.

	ADOPTED AS AMENDED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

031458	[Proposed amendment Rule 2.28.1 of the Rules of Order]	Supervisor Gonzalez
	Hearing to a proposed amendment Rule 2.28.1 of the Rules of Order of the Board of Supervisors to require that a proposed charter amendment be introduced at a Board meeting held not less than 168 days prior to the election at which it is to be considered by the electors, rather than 169 days prior to the election.
	The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the Public Hearing Closed.

	HEARD AT PUBLIC HEARING.

Committee of the Whole Rise and Report

031456	[Amending the Rules of the Board to require proposed charter amendments to be introduced at a Board meeting held not less than 168 days prior to an election, rather than 169 days]		Supervisor Gonzalez
	Motion amending Rule 2.28.1 of the Rules of Order of the Board of Supervisors to require that a proposed charter amendment be introduced at a Board meeting held not less than 168 days prior to the election at which it is to be considered by the electors, rather than 169 days prior to the election.

	Enacted Number:	M03-150
	APPROVED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

SPECIAL ORDER 4:30 P.M.

031364	[Public Hearing - Appeal, 600 Portola Drive Tentative Subdivision Map]
	Hearing of persons interested in or objecting to the decision of the Department of Public Works dated August 4, 2003, approving tentative/parcel map to legalize the construction of an 18 unit new condominium mixed-use project at 600 Portola Drive, San Francisco. (Appeal Filed August 7, 2003 by Mr. Man Poon; companion measure to Files 031364, 031365, 031366, 031367; District 7.)
	Speakers: Man Poon, Appellant Mr. Olsen, Tenant/Member of 600 Portola Drive project John Kwong, Department of Public Works, reviewed with the Board the Department of Public Work's recommendation. The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the Public Hearing Closed. The President reopened the Public Hearing. Continued to September 16, 2003.

	Supervisor Peskin, seconded by Supervisor Hall, moved that this Hearing be CONTINUED. The motion carried by the following vote:
	Ayes: 8 - Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Ammiano Excused: 2 - Daly, Dufty


	Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

From the Clerk

(Only one of the following two motions should be adopted.)
	Supervisor Ammiano noted absent at 5:10 p.m. Supervisor Newsom noted absent at 5:27 p.m.

031365	[600 Portola Drive Tentative Subdivision Map]
	Motion approving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize the construction of a 18 unit new condominium mixed-use project in Assessor's Block 2892, Lot 1, at 600 Portola Drive. (Clerk of the Board)
	Continued to September 16, 2003

	Supervisor Peskin, seconded by Supervisor Hall, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Ammiano, Newsom Excused: 2 - Daly, Dufty

031366	[600 Portola Drive Tentative Subdivision Map]
	Motion disapproving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize the construction of a 18 unit new condominium mixed-use project in Assessor's Block 2892, Lot 1, at 600 Portola Drive. (Clerk of the Board)
	Continued to September 16, 2003

	Supervisor Hall, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Ammiano, Newsom Excused: 2 - Daly, Dufty

031367	[Findings - 600 Portola Drive]
	Motion directing the Clerk of the Board to prepare findings relating to Tentative Subdivision Map to legalize the construction of a 18 unit new condominium mixed-use project in Assessor's Block 2892, Lot 1, at 600 Portola Drive. (Clerk of the Board)
	Continued to September 16, 2003

	Supervisor Hall, seconded by Supervisor Peskin, moved that this Motion be CONTINUED. The motion carried by the following vote:
	Ayes: 7 - Gonzalez, Hall, Ma, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Ammiano, Newsom Excused: 2 - Daly, Dufty

COMMITTEE REPORTS

From the Rules Committee

031349	[Appointment]
	Resolution appointing Howard Ash and William Wilkinson for indefinite terms to the Public Utilities Commission Rate Fairness Board. Howard Ash, new position, seat 1, must be a residential city retail customer, for an indefinite term. William Wilkinson, new position, seat 2, must be a small business city retail customer, for an indefinite term.

	Enacted Number:	583-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031357	[Confirming the appointment of Wilbert Din to the Municipal Transportation Agency Board of Directors]		Mayor
	Resolution confirming the appointment of Wilbert Din to the Board of Directors of the Municipal Transportation Agency, term ending March 1, 2007.

	Enacted Number:	566-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

From the City Services Committee

031402	[Extension of the First Source Hiring Program]	Supervisors Maxwell, Dufty, Newsom, Ammiano, McGoldrick, Sandoval
	Ordinance amending the San Francisco Administrative Code by amending Section 83.18 to extend the expiration date of the provisions of the First Source Hiring Program by one year.
	Supervisor Ammiano and McGoldrick requested to be added as co-sponsors.

	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

020061	[Banner Regulations]	Supervisors Newsom, Dufty, Ma
	Ordinance amending and adding to Section 184.78 of the Public Works Code make findings as to the purposes served by banners, to create five categories of permitted banners, to prohibit banners in residential districts, to restrict banners in certain neighborhood commercial and residential commercial districts, to require installer name and service phone numbers on all banners, to provide for processing and inspection fees for banner permits, to index those fees, beginning in fiscal year 2004-2005, to the Consumer Price Index, to provide appropriate penalties for violations of Section 184.78, and to provide that bonds may be required to be posted prior to receipt of a banner permit and finding that the Ordinance is exempt/excluded from environmental review.
	Continued to September 16, 2003

	Supervisor Sandoval, seconded by Supervisor Newsom, moved that this Ordinance be CONTINUED. The motion carried by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

From the Land Use Committee

031194	[Recreation and Park Commission to procure construction and design/build services in connection with the California Academy of Sciences project]	Mayor, Supervisor Ammiano
	Ordinance authorizing the Recreation and Park Commission to award contracts for construction and/or design/build services in connection with the reconstruction of the California Academy of Sciences. (Mayor)
	Supervisor Ammiano requested to be added as a co-sponsor.

	PASSED ON FIRST READING by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

ROLL CALL FOR INTRODUCTIONS

PUBLIC COMMENT
	Patricia Cowes; Cow Hollow; underground wiring Richard Boardman; support of transgender marriages Abdulla Megaheed; general issues Male speaker; homeless and alcohol issues Robert Pender, VP, Park Merced resident, Park Merced issues Betty White; on behalf of the Out of the Closet (Mission Street store), neighborhood issues Greg Stevens; support of the Independent Film Industry to San Francisco Judy Berkowitz; File No. 031470 Item 48 on Without Reference to Committee Agenda

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.

031459	[Committee of the Whole]		Supervisor Gonzalez
	Motion scheduling a Committee of the Whole to consider a proposed amendment Rule 2.28.1 of the Rules of Order of the Board of Supervisors to require that a proposed charter amendment be introduced at a Board meeting held not less than 168 days prior to the election at which it is to be considered by the electors, rather than 169 days prior to the election, to be held on August 26, 2003 at 4:00 p.m.

	Enacted Number:	M03-151
	APPROVED

031433	[Honoring Nancy Hom and Proclaiming September 4, 2003 Nancy Hom Day in San Francisco]		Supervisor Sandoval
	Resolution commending Nancy Hom for her significant contributions to the Asian Pacific American and Bay Area communities and proclaiming September 4, 2003 Nancy Hom Day in San Francisco.

	Enacted Number:	584-03
	ADOPTED

031448	[High Utility Rates]		Supervisor Daly
	Resolution urging the Controller to review published reports in the San Francisco Bay Guardian about the financial impact of high electric utility rates on our city's local economy.

	Enacted Number:	592-03
	ADOPTED

031470	[Day Laborer Program]		Supervisor Ammiano
	Resolution urging the Immigrant Rights Commission to explore and advise the Board of Supervisors on the management of the Day Laborer Program.

	Enacted Number:	593-03
	ADOPTED

031471	[Commending members of the 2002 - 2003 Civil Grand Jury]		Supervisors Dufty, Hall, Gonzalez, Ma, McGoldrick, Ammiano, Peskin, Newsom
	Resolution commending the members of the 2002 - 2003 Civil Grand Jury.

	Enacted Number:	585-03
	ADOPTED

031473	[Urging Civil Service to develop staffing proposals for the Department of Elections]		Supervisors Gonzalez, Dufty
	Resolution urging the Civil Service Commission and Department to consider and generate proposals for increasing the number of permanent positions in the Elections Department, creating permanent seasonal positions in the Department, and providing employee benefits that will encourage permanent and seasonal employees of the Department to continue their employment.

	Enacted Number:	594-03
	ADOPTED

031475	[Commending Stern Grove Festival Association]		Supervisors Ma, Newsom, Hall
	Resolution commending the Stern Grove Festival Association for its work planning and organizing the Stern Grove Festival in San Francisco and congratulating the Association on a successful 66th concert season.

	Enacted Number:	586-03
	ADOPTED

031476	[Commending Old First Presbyterian Church and Doris Krauss]		Supervisor Newsom
	Resolution commending the Old First Presbyterian Church on its 40th Year Anniversary, the rededication and renaming of its senior center to the "Doris Krauss Senior Center" and commending Doris Krauss for her 29-plus years of tireless dedication, commitment and overall contributions to the well-being of the senior population of San Francisco.

	Enacted Number:	587-03
	ADOPTED

031477	[Commending Pets Unlimited and PAWS]		Supervisors Newsom, Dufty, Ma
	Resolution commending Pets Unlimited and the Pets Are Wonderful Support ("PAWS") for collaboration in hosting this year's Doggone Fun Run on September 14, 2003 at Lindley Meadow in Golden Gate Park.

	Enacted Number:	588-03
	ADOPTED

031478	[National Alcohol and Drug Addiction Recovery Month 2003]		Supervisors Newsom, Dufty, Ma
	Resolution declaring September 2003 as "National Alcohol and Drug Addiction Recovery Month" in the City and County of San Francisco.

	Enacted Number:	589-03
	ADOPTED

031479	[Extension of Planning Commission Review Period]		Supervisor Peskin
	Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the San Francisco Planning Code by repealing Section 207.2 [Second Units] in its entirety, adding a new Section 207.2, and amending Section 209.1 to authorize one additional secondary unit limited to 750 square feet of gross floor area within an existing structure on a lot within 1250 feet of a Primary Transit Street or Transit center and also within 1250 feet of a Neighborhood Commercial or Commercial zoning district, on a lot containing a qualified historical building or where the unit is specifically designed and constructed for the elderly or persons with physical disabilities, to prohibit the owner from legalizing an illegal unit pursuant to the provisions of this ordinance, and providing that the secondary unit shall not be subject to the Rent Ordinance but requiring that a secondary unit in a multi-family building shall be subject to affordability requirements; by amending Sections 135(d), Table 151 of Section 151 and 307(g) to establish the amount of open space and parking required for these secondary units; by amending the San Francisco Traffic Code by adding Section 308.5.1 to prohibit issuance of a residential parking permit to the occupant of a secondary unit; by adding new Section 106.4.1.3 to the San Francisco Building Code to require site inspection prior to issuance of a building permit for the secondary unit to verify that no unpermitted unit exists on the property and prohibiting the issuance of a building permit or certification of occupancy for the second unit if an unpermitted unit has operated on the property within the previous ten years, unless that unit was legally demolished prior to January 1, 2003; and by amending Section 37.9 of the San Francisco Administrative Code to require relocation assistance for persons required to vacate illegal units; and adopting findings.

	Enacted Number:	590-03
	ADOPTED

031480	[Commending California Coastal Conservancy]		Supervisors Peskin, Newsom
	Resolution commending the California Coastal Conservancy for support of renovation, restoration, engineering, public access construction, and educational content development for exhibits in and around the South Windmill in Golden Gate Park, San Francisco.

	Enacted Number:	591-03
	ADOPTED

031379	[Final Map for a 64 Unit Residential Condominium Project]
	Motion approving Final Map of St. Francis Bay Condominiums, 1 Crescent Way, A Residential Condominium Project, being a subdivision of Lot 235 in Assessor's Block No. 4991, accepting the offer of dedication of public improvements subject to completion, approving a public improvement agreement and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,007; District 9.)

	Enacted Number:	M03-146
	APPROVED

031380	[Final Map for a 64 Unit Residential Condominium Project]
	Motion approving Final Map of St. Francis Bay Condominiums, 101 Crescent Way, A Residential Condominium Project, being a subdivision of Lot 236 in Assessor's Block No. 4991, accepting the offer of dedication of public improvements subject to completion, approving a public improvement agreement and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,008; District 9.)

	Enacted Number:	M03-147
	APPROVED

031427	[Final Map for a 100 Unit Residential Condominium Project]
	Motion approving Final Map of Channel Park Condominium, 255 Berry Street, a Residential Condominium Project, being a subdivision of Lot 4 Assessor's Block No. 8708, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,317; District 6.)

	Enacted Number:	M03-148
	APPROVED

031455	[Needle Exchange Emergency]		Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
	Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.

	Enacted Number:	M03-149
	APPROVED

031472	[Approving request Clerk of the Board to carry forward $257,563 from the FY Budget]
	Motion approving the request of the Clerk of the Board of Supervisors to carry forward from the Fiscal Year 2002-2003 Budget, unexpended annual budget appropriations in the amount of approximately $257,563 to provide funds for the first phase of costs associated with the legislative tracking system replacement. (Clerk of the Board)

	Enacted Number:	M03-152
	APPROVED

031474	[Co-Sponsorhip of the World Congress on the Future of Work in March 2004]		Supervisor Gonzalez
	Motion approving the co-sponsorship of the World Congress on the Future of Work in March 2004.

	Enacted Number:	M03-153
	APPROVED




	The foregoing items were acted upon by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

Severed From Without Reference to Committee Agenda
	Supervisor Maxwell requested that this matter be severed so that it might be considered separately

031421	[Authorizing consulting firm to examine confidential State Board of Equalization tax records]		Supervisor Maxwell
	Resolution authorizing Bay Area Economics to examine sales or transaction and use tax records of the State Board of Equalization on behalf of the City and County of San Francisco pursuant to California Revenue and Taxation Code Section 7056.

	Enacted Number:	567-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

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). For such resolutions to be considered, the Board must first adopt the following two motions.


	[Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.


	Supervisor Peskin, seconded by Supervisor Newsom, moved ADOPTION of the Commendatory Finding. The motion carried by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty


	[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.


	Supervisor Peskin, seconded by Supervisor Newsom, moved ADOPTION of the Brown Act Finding. The motion carried by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

031500	[Assembly Bill 1217]		Supervisor Peskin
	Resolution commending California State Legislators for passage of Assembly Bill 1217 and urging the Governor's signature.

	Enacted Number:	568-03
	ADOPTED by the following vote:
	Ayes: 9 - Ammiano, Gonzalez, Hall, Ma, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 2 - Daly, Dufty

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

031497	[Extending deadlines by ten days for scheduling and/or deciding appeals under Planning Code Section 308.1 when the Board does not conduct at least three regular meetings during a deadline	Supervisor Gonzalez
	Ordinance amending San Francisco Planning Code Section 308.1 to extend deadlines by ten days, from 30 days to 40 days, for scheduling and/or deciding appeals under Section 308.1 when the Board of Supervisors does not conduct at least three regular meetings during a deadline period.
	8/25/03, RECEIVED AND ASSIGNED to Land Use Committee.

031501	[Findings as to the need to regulate formula retail uses in the Hayes-Gough NCD and in the NC Cluster Districts at Cole and Carl Streets and Parnassus and Stanyan Streets regarding formula	Supervisor Gonzalez
	Ordinance to amend the Planning Code by adding section 703.3 and by amending section 182 to make findings as to the need to regulate formula retail uses, to define formula retail uses, prohibit formula retail uses in the Hayes-Gough Neighborhood Commercial District and in the Neighborhood Commercial Cluster Districts at Cole and Carl Streets and Parnassus and Stanyan Streets, to require any building permit application for a formula retail use to comply with the notice and design review procedures of section 312 of the Planning Code, to provide that the burden to prove that a use is not a formula retail use rests with the building permit applicant or holder, and to provide that nonconforming uses in Residential Districts which are seeking to change in use to retail sales activity or retail sales establishment which is also a formula retail use must comply with the provisions of Section 703.3, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
	8/26/03, ASSIGNED UNDER 30 DAY RULE to Land Use Committee, expires on 9/25/2003.

031502	[Reduce Members of Lead Hazard Reduction Citizens Advisory Committee From 20 to 14]	Supervisor Peskin
	Ordinance amending section 1608 of the San Francisco Health Code to reduce the number of voting members in the Lead Hazard Reduction Citizen Advisory Committee from 20 to 14 members by eliminating seats for the affordable housing developers, financial expert, parent, and child care representatives, reducing the number of paint contractor representatives from two to one and reducing the number of tenant representatives from three to two.
	8/26/03, RECEIVED AND ASSIGNED to Rules Committee.

031503	[New administrative debarment procedure]	Supervisor Peskin
	Ordinance adding a new Chapter 28 to the San Francisco Administrative Code to establish a City-wide administrative debarment procedure; amending Chapter 6 of the Administrative Code to reflect the adoption of the new Chapter 28.
	8/26/03, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/25/2003.

031505	[Recreation and Park - Yacht Harbor Fees]	Supervisor Newsom
	Ordinance making environmental findings and amending the San Francisco Park Code by repealing Section 12.11 and adopting a new Section 12.11 to increase current fees and add additional rental and services fees at the San Francisco Small Craft Yacht Harbor.
	8/26/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031506	[Appropriate funding for the sale of school bond proceeds for capital improvement projects on various school facilities]	Mayor
	Ordinance appropriating $29,480,000 of school bond proceeds for capital improvement projects on various school facilities, cost of issuance, and other related costs for the San Francisco Unified School District for fiscal year 2003-04. (Fiscal impact.)
	8/26/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

Resolutions

031498	[Authorizing issuance/sale of bond refunding the City and County of San Francisco Settlement Obligation Bonds, Series 2001 (Business Tax Judgment)]	Mayor
	Resolution authorizing and directing the sale of not to exceed $50,500,000 City and County of San Francisco Refunding Settlement Obligation Bonds, Series 2003-R1; prescribing the form and terms of said bonds, authorizing the execution, authentication and registration of said bonds; providing for an annual appropriation to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the form of the Official Notice of Sale and the Notice of the Intention to Sell Bonds; approving the form and execution of the Official Statement relating thereto; approving the form of the Continuing Disclosure Certificate; approving the form of the Refunding Instructions; approving modifications to the documents approved herein; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds.
	8/26/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031499	[Municipal Transportation Agency Leverage Lease Financing]	Mayor
	Resolution authorizing one or more lease-to-service contract transactions with respect to up to 21 Breda light rail cars; approving the form of and authorizing the execution and delivery of a Participation Agreement setting forth the terms and conditions of the lease-to-service contract transaction relating to the rail cars; approving the form of and authorizing the execution and delivery of a Head Lease Agreement providing the terms and conditions pursuant to which the rail cars will be leased to a trust; approving the form of and authorizing the execution and delivery of a Head Lease Supplement supplementing the terms and conditions pursuant to which specific rail cars will be leased to the trust; approving the form of and authorizing the execution and delivery of a Sublease Agreement providing the terms and conditions pursuant to which the 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 a Sublease Supplement supplementing the terms and conditions pursuant to which the City will lease back the rail cars from the trust; approving the form of and authorizing the execution and delivery of a Payment Agreement 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 a Support and Access Agreement providing the terms and conditions pursuant to which the City will provide the trust support and access to certain property if the City chooses not to exercise the purchase option; approving the form of and authorizing the execution and delivery of an Agreement for Assignment on Default which will provide the lender to the trust with an option to purchase, and take an assignment of the equity investor's beneficial interest in the trust estate upon the occurrence of certain events ; approving the form of and authorizing the execution and delivery of a Tax Indemnification Agreement providing the terms and conditions under which the City will indemnify under certain circumstances the equity investor for income inclusions or losses of tax benefits; approving the form of and authorizing the execution and delivery of an Insurance and Indemnity Agreement providing the terms and conditions under which the City will indemnify the 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;
	8/26/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031500	[Assembly Bill 1217]	Supervisor Peskin
	Resolution commending California State Legislators for passage of Assembly Bill 1217 and urging the Governor's signature.
	8/26/03, ADOPTED.

031504	[Accept - Expend Federal Grant]	Supervisor Peskin
	Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $3,475,000 from the United States Transportation Security Administration for the purpose of enhancing facility and operational security at the Port's cruise, ferry and cargo terminals. (No Public Benefit Recipient.)
	8/26/03, RECEIVED AND ASSIGNED to Land Use Committee.

031507	[Accept-Expend Grant]	Mayor, Supervisor Dufty
	Resolution authorizing the Director of Emergency Services to accept and expend a grant in the amount of $771,317 from the California Governor's Office of Emergency Services for emergency equipment, exercises, and planning.
	8/26/03, RECEIVED AND ASSIGNED to City Services Committee.

031512	[Extension of SRO Hotel Safety and Stabilization Task Force]	Supervisors Ammiano, Gonzalez
	Resolution extending the operations of the Single Room Occupancy (SRO) Hotel Safety and Stabilization Task Force through December 31, 2004.
	8/26/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031513	[Ciaran Ferry]	Supervisor Daly
	Resolution urging the Bureau of Customs and Immigration to grant asylum to Ciaran Ferry.
	8/26/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031514	[Authorizing transfer of funds and management oversight from DPW to MOCD]	Supervisor Gonzalez
	Resolution authorizing transfer of funds and management oversight from the Department of Public Works to the Mayor's Office of Community Development.
	8/26/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Request for Hearing

031510	[Continuum of Lesbian Health]	Supervisors Dufty, Ma
	Hearing to consider the wide range of unique health issues affecting the lesbian community across all demographics; to receive information and research findings from the Lesbian Health Research Center of UCSF.
	8/26/03, RECEIVED AND ASSIGNED to City Services Committee.

Motion

031496	[Needle Exchange Emergency]	Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
	Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.
	8/26/03, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

031508	[Amending the Rules of the Board to provide the Office of Legislative Analyst to primarily support the Board of Supervisors' Standing Committees and regional advisory bodies]	Supervisor Daly
	Motion amending Rule No. 3.12 to the Rules of Order of the Board of Supervisors to provide a process that will allow the Office of Legislative Analyst to primarily support the Board of Supervisors' Standing Committees and regional advisory bodies.
	8/26/03, RECEIVED AND ASSIGNED to Rules Committee.

031509	[Legislative Analyst Request - Status of 8 remaining single-screen movie theaters in San Francisco]	Supervisors Peskin, Newsom, Gonzalez
	Motion requesting the Office of Legislative Analyst to report on the status of 8 remaining single-screen movie theaters in San Francisco and the feasibility of the proposal by Save the Theaters to renovate, rehabilitate and utilize these theaters to create an environment that will help to develop and ultimately expand a purely independent film industry in the City of San Francisco.
	8/26/03, ASSIGNED to Board of Supervisors. Scheduled for Board consideration September 16, 2003.

PROPOSED ORDINANCES

031383	[Setting San Francisco's fiscal year 2003-2004 property tax rate and establishing pass-through rate for residential tenants]
	Ordinance providing revenue and levying property taxes for City and County purposes and establishing pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2004. (Controller)
	8/14/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 17, 2003 meeting.

031388	[Setting San Francisco's Unified School District's FY 2003-2004 property tax rate to be included in the City's overall property tax rate]
	Ordinance providing revenue and levying property taxes for San Francisco Unified School District's purposes for the fiscal year ending June 30, 2004. (Controller)
	8/14/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 17, 2003 meeting.

031393	[Setting S.F. Community College District's fiscal year 2003-2004 property tax rate to be included in the City's overall property tax rate]
	Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 2004. (Controller)
	8/14/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 17, 2003 meeting.

031425	[Appropriate funding for the Art Commission for municipal symphony concerts using property tax revenue]
	Ordinance appropriating $23,273 for the municipal symphony concerts using property tax revenue, pursuant to Charter Section 16.106(1) for the Art Commission for fiscal year 2003-04. (Controller)
	8/14/03, RECEIVED AND ASSIGNED to Finance and Audits Committee. Sponsor requests this item be scheduled for consideration at the September 17, 2003 meeting.

031432	[Settlement of Lawsuit - Arcadia Machine & Tool Inc. et al.]
	Ordinance authorizing the partial settlement of the lawsuit filed by the San Francisco City Attorney against certain manufactures, distributors and dealers of firearms, and their trade associations; the settling defendants are Traders Sports, Inc., Southern Ohio Gun Distributors, Ellett Brothers Inc., and MKS Supply Inc.; these settling defendants agree to the entry of stipulated judgments that will reform their firearm distribution practices, and to pay $70,000; the lawsuit was filed on May 25, 1999 in San Francisco Superior Court, Case No. 303-753, and later coordinated with similar actions in the San Diego Superior Court as part of J.C.C.P. 4095; entitled People of the State of California ex rel Herrera et al. v. Arcadia Machine & Tool Inc. et al. (City Attorney) (No Public Benefit Recipient.)
	8/15/03, RECEIVED AND ASSIGNED to Rules Committee.

031439	[Speed Limit - Potrero Avenue between Brannan and Cesar Chavez Streets]
	Ordinance adding Section 174.13 and removing Section 175.07 of the San Francisco Traffic Code to reduce the speed limit from 30-mph to 25-mph on Potrero Avenue between Brannan and Cesar Chavez Streets. (Parking and Traffic Department) (No Public Benefit Recipient.)
	8/12/03, RECEIVED AND ASSIGNED to Land Use Committee.

PROPOSED RESOLUTIONS

031389	[Amending the Redevelopment Agency Budget for Tax Increments in Mission Bay North and South]
	Resolution amending the budget of the Redevelopment Agency of the City and County of San Francisco for fiscal year 2003-2004 to allow the Controller to increase the tax increments distributed to the Redevelopment Agency in accordance with the Tax Increment Allocation Pledge Agreements for Mission Bay North and Mission Bay South. (Controller) (Fiscal impact.)
	8/14/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031390	[Lease of Real Property]	Supervisor Daly
	Resolution authorizing renewal of a lease of real property at 1372 Mission Street, for continued use by the Department of Public Health's Saint James Infirmary and STD Program Research Offices (Real Estate Department) (Public Benefit Recipient.)
	8/15/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031394	[Lease of Real Property]	Supervisor Maxwell
	Resolution authorizing renewal of a lease of real property at 1360 Mission Street, Suite 400, for continued use by the Department of Public Health, Employee Assistance Program. (Real Estate Department) (Public Benefit Recipient.)
	8/15/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031403	[Lease of Real Property]	Supervisors Ammiano, Dufty
	Resolution authorizing renewal of a lease of real property at 1360 Mission Street, Suite 401, for continued use by the Department of Public Health, STD Program Administrative Headquarters. (Real Estate Department) (Public Benefit Recipient.)
	8/15/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031426	[FY 2003-04 California Constitution Appropriations Limit]
	Resolution establishing the appropriations limit for Fiscal Year 2003-04 pursuant to California Constitution Article XIII B. (Controller) (Fiscal impact; No Public Benefit Recipient.)
	8/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031428	[Federal Grant Amendments for Airport Improvement Program]
	Resolution authorizing the Airport Commission to accept amendment to grant agreements offered by the Federal Aviation Administration ("FAA") for AIP 16, AIP 17, and AIP 19; and to release grant fund from reserve, in the amount of $1,199,790 under AIP 17. (Airport Commission) (Public Benefit Recipient.)
	8/18/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031434	[Approval of Public Trust Exchange]
	Resolution approving an Exchange Agreement with the State Lands Commission that would remove the public trust and Burton Act trust from approximately 22,600 square feet of unimproved real property located on Seawall Lot 330 at the corner of Bryant and Beale Streets, and would place the public trust and Burton Act trust on an approximately 10.34 acre site located between Maryland Street, Cesar Chavez Street, and 24th Street, on the eastern portion of the Western Pacific parcel. (Port) (No Public Benefit Recipient.)
	8/14/03, RECEIVED AND ASSIGNED to Land Use Committee.

031435	[Contracting Out City Services]
	Resolution retroactively concurring with the Controller's certification that assistance to certain victims of crime and education in community anti-street violence can be practically performed for the District Attorney's Victim Witness Assistance Program by a private contract at a lower cost than similar work services performed by City and County employees. (District Attorney) (Public Benefit Recipient.)
	8/15/03, RECEIVED AND ASSIGNED to Finance and Audits Committee.

031436	[STOP Intersections]
	Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH 26th and Diamond Streets, stopping Diamond Street, making this intersection an all-way STOP; Montecito Avenue and Northwood Drive, stopping Northwood Drive, making this uncontrolled intersection a two-way STOP; and 15th Avenue and Noriega Street, south intersection, stopping southbound 15th Avenue at Noriega Street, making this uncontrolled Y-intersection a one-way STOP. (Parking and Traffic Department) (8/6/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2671; No Public Benefit Recipient.)
	8/12/03, RECEIVED AND ASSIGNED to Land Use Committee.

031437	[Parking Regulations]
	Resolution enacting and rescinding parking regulations at various locations. PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH 9th Avenue, east side, from Lake Street to the north terminus (legislates existing street conditions); Diamond Street, west side, from 22nd to 23rd Streets (legislates existing street conditions); Wisconsin Street, both sides, from 19th to 20th Streets (legislates existing street conditions); Wisconsin Street, west side, from 20th to 22nd Streets (legislates existing street conditions); Duboce Avenue, north side, from Castro to Divisadero Streets (legislates existing street conditions); Arkansas Street, west side, from 16th to Mariposa Streets (legislates existing street conditions); Arkansas Street, east side, from Mariposa to 18th Streets (legislates existing street conditions); Arkansas Street, both sides, from 18th to 19th Streets (legislates existing street conditions); Arkansas Street, west side, from 19th to 20th Streets (legislates existing street conditions); Rhode Island Street, east side, from 20th Street to Mariposa Street (legislates existing street conditions); and Rhode Island Street, west side, from 19th Street to Mariposa Street (legislates existing street conditions). TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND Castro Street, east side, from 100 to 230 feet south of Duboce Avenue. TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Melrose Avenue, along east terminus, east of Foerster Street (adjacent to Sunnyside Playground). 1-HOUR PARKING METERS, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH California Street, north side, from Locust Street to 231 feet easterly (commercial frontage only, up to 3440 California Street) TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Farrugut Avenue, north side, from Alemany Boulevard to the western terminus. RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH 18th Street, both sides, between Clover and Douglass Streets (4500 block). NO PARKING ANYTIME - RESCIND TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Langton Street, east side, between Folsom and Harrison Streets. 1-HOUR PARKING, 7 AM TO 6 PM, EXCEPT SUNDAY - RESCIND RESIDENTIAL PERMIT PARKING AREA "I" (1-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Julian Avenue, both sides, between 15th and 16th Streets. RESIDENTIAL PERMIT PARKING AREA "I" (1-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Rondel Place, both sides, between 16th Street and south terminus. (Parking and Traffic Department) (8/6/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2671; No Public Benefit Recipient.)
	8/12/03, RECEIVED AND ASSIGNED to Land Use Committee.

031438	[Traffic Regulations]
	Resolution enacting and rescinding traffic regulations on various streets. NO U-TURNS - ESTABLISH Treasure Island Road, both directions, at McCalla Road. LEFT LANE MUST TURN LEFT - ESTABLISH Grant Avenue, northbound, at Pine Street. NO LEFT TURN, 4 PM TO 6 PM, EXCEPT SUNDAY - RESCIND Montgomery Street, northbound, at Broadway. (Parking and Traffic Department) (8/6/03: Categorically exempt from Environmental Review Class 1(c)(9) changes in the traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in the use of the street; DPT Order No. 2671; No Public Benefit Recipient.)
	8/12/03, RECEIVED AND ASSIGNED to Land Use Committee.

031446	[Report of assessment costs for sidewalk and curb repairs - DPW Order 174,311]
	Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) (No Public Benefit Recipient; DPW Order No. 174,311; Locations: 800 Shrader Street; 1062 Goettingen Street; 449 Frederick Street.)
	8/18/03, SCHEDULED FOR PUBLIC HEARING. Scheduled for September 16, 2003, at 4:00 p.m.

031447	[Accept-Expend State Grant]	Supervisor Dufty
	Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $25,000 from the California Integrated Waste Management Board for a project that will incorporate recycled tire rubber surfaces in the Golden Gate Concourse Underground Parking Facility. (Environment) (Public Benefit Recipient.)
	8/12/03, RECEIVED AND ASSIGNED to City Services Committee.

Requests Granted
	From: Supervisor Daly To: City Attorney To draft an ordinance allowing business and property tax payers to check off a box on their tax payment forms to contribute to the Public Education Special Fund.


	Bobby Bonds (Entire Board) Megan Elizabeth Noble (Supervisor Newsom) Lovie L. Ward (Supervisors Sandoval, Ammiano)

ADJOURNMENT
	There being no further business, the Board at the hour of 5:35 p.m. adjourned. Gloria L. Young, Clerk of the Board N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on September 30, 2003. I, Gloria L. Young, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Minutes of said Board on the date stated and was approved as recited.

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.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 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.

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.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
ú For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
ú For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number 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 244, San Francisco CA 94102, 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/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

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