Board of Supervisors Minutes: March 26, 2001

Full Board Minutes City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Monday, March 26, 2001 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors TOM AMMIANO, PRESIDENT CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO, SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE Members Present: Tom Ammiano, Chris Daly, Matt Gonzalez, Tony Hall, Mark Leno, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval, Leland Y. Yee. Members Excused: None. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Tom Ammiano presiding. The meeting was called to order at 2:00 p.m.On call of the roll, all Supervisors were noted present. Quorum present. APPROVAL OF MEETING MINUTES Supervisor Leno, seconded by Supervisor Newsom, moved to APPROVE the February 5 and February 12, 2001 Meeting Minutes. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Privilege of the Floor Supervisor Leno, seconded by Supervisor Maxwell, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Introduction of Guests Supervisor Leno introduced and welcomed members of the Small Business Commission:Steven Cornell, President; Gwen Kaplan,Treasurer and Daniel Hong, Executive Director.Mr. Cornell gave a brief overview of the role of the Small Business Commission. AGENDA CHANGES The President inquired if there were any changes to the agenda members were aware of which needed to be continued, tabled or considered differently. Supervisor Leno indicated the matter relating to sublease of Treasure Island Brig Facility for Sheriff’s Department, File 010145, for the purpose of continuing the item.(See infra.) CONSENT AGENDA Recommendations of the Audit, Labor and Government Efficiency Committee 010314 [Settlement of Lawsuit] Ordinance authorizing settlement of litigation of City and County of San Francisco against Main Street California dba TGI Friday’s for $1,300,000. (City Attorney) (S.F. Superior Court No. 997-764; eminent domain action commenced on September 10, 1998 entitled "City and County of San Francisco v. WCB More II Ltd. Partnership, et al.) Enacted Number: 51-01 FINALLY PASSED 010353 [Settlement of Lawsuit] Ordinance authorizing settlement of litigation of San Mateo County Transit District against City and County of San Francisco for $18,638,562 plus interest. (City Attorney) (Superior Court No. 405-695; date action filed: July 28, 1998.) Enacted Number: 54-01 FINALLY PASSED 010354 [Settlement of litigation involving the condemnation by SamTrans and BART of the City’s water pipeline easement for the BART SFO extension] Ordinance authorizing settlement of litigation of San Mateo County Transit District against City and County of San Francisco by an exchange of easements and the relocation of the City’s water pipeline. (City Attorney) (San Mateo Superior Court No. 406-647; date action filed: July 28, 1998.) Enacted Number: 55-01 FINALLY PASSED 010367 [MOU Amendment No. 1 - Carpenters, Local Union No. 22] Supervisor Newsom Ordinance implementing Amendment No. 1 to the 1997-2001 Memorandum of Understanding between the Carpenters, Local Union No. 22 and the City and County of San Francisco by appending the following list of past practices pursuant to Article VI.C. of the Memorandum of Understanding. (Human Resources Department) Enacted Number: 56-01 FINALLY PASSED Recommendation of the Economic Vitality, Small Business and Social Policy Committee 010436 [Federal grant for District Attorney’s "Violence Against Women Vertical Prosecution" Program] Supervisor Newsom Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds made available through the Office of Criminal Justice Planning for a project entitled "Violence Against Women Vertical Prosecution" and waiving indirect costs due to funding constraints. (District Attorney) Enacted Number: 252-01 ADOPTED Recommendations of the Finance Committee 002104 [Inventory of City property] Supervisors Ammiano, Hall Ordinance directing the Director of Property to create an inventory of City property that may be appropriate for temporary and occasional use by nonprofit arts and cultural organizations. Enacted Number: 57-01 FINALLY PASSED 010355 [Lease Amendment, 1650 Mission Street] Resolution authorizing an amendment to lease real property at 1650 Mission Street for the Department of Aging and Adult Services. (Real Estate Department) (Fiscal impact.) Enacted Number: 249-01 ADOPTED Recommendation of the Neighborhood Services and Parks Committee 010207 [State grant for continuation of the Public Library’s Access News Program for blind and sight impaired patrons] Supervisors Newsom, Daly Resolution authorizing rectroactively, San Francisco Public Library to accept and expend a grant of $25,000 from California State Library, Public Library Projects for Access News Program. Supervisor Daly requested to be added as co-sponsor. Enacted Number: 247-01 ADOPTED Recommendations of the Rules Committee 001389 [Appointment] Resolution appointing David Parker and David Lee Crosby, terms ending December 31, 2002, and Julie Pasadas, term ending June 30, 2003, to the Delinquency Prevention Commission; waiving residency requirement. (David Parker, succeeding Cynthia Seymour, [Seat 2, must have interest in and be knowledgeable regarding juvenile delinquency prevention], unexpired portion of four-year term ending December 31, 2002; David Lee Crosby, succeeding Enola Maxwell, [Seat 3, must have interest in and be knowledgeable regarding juvenile delinquency prevention], unexpired portion of four-year term ending December 31, 2002; Julie Pasadas [residency requirement waived], succeeding Maria Rosa Navarro, [Seat 19, must have interest in and be knowledgeable of juvenile delinquency prevention], unexpired portion of four-year term ending June 30, 2003.) Enacted Number: 245-01 ADOPTED 010213 [Appointment] Resolution appointing Jerry Rogers, term expiring August 20, 2003, to the Lead Poisoning Prevention Citizens Advisory Committee. (Jerry Rogers, succeeding Merrill Buice, [Seat 21, must have expertise in non-profit clinics], new 4-year term ending August 20, 2003.) Enacted Number: 248-01 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendation of Finance Committee 002067 [Library Fines and Fees] Ordinance amending the San Francisco Administrative Code by adding Section 8.21-2 to authorize the Library Commission to charge certain fines and fees for the use of library materials and services and ratifying prior fines and fees. (Public Library) (Supervisor Gonzalez dissenting in Committee.) Enacted Number: 53-01 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee NEW BUSINESS Recommendations of the Economic Vitality, Small Business and Social Policy Committee 010141 [Post Non-Discrimination Notice] Supervisors Leno, Maxwell, McGoldrick, Daly, Newsom Ordinance amending Section 3303 of the San Francisco Police Code to require employers to post a non-discrimination in employment notice created and distributed by the Human Rights Commission. Supervisors Daly, Newsom requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010357 [Liquor License Transfer, 22 Peace Plaza, #160] Resolution determining that the issuance and transfer of a Type 48 on-sale general public premises liquor license from 1790 Post Street to 22 Peace Plaza #160, District 5, to Akira Abe for "M’s Projects, Inc." will serve the public convenience and necessity 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: 250-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Finance Committee 010370 [Appropriation, Aging and Adult Services] Supervisor Daly Ordinance appropriating $1,000,000 for senior program needs and $1,000,000 for infrastructure needs identified by Aging and Adult Services needs assessment survey for fiscal year 2000-01; placing $2,000,000 on reserve. (Fiscal impact.) (March 26, 2001 - Supervisor Yee dissenting in Board.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee Appointment of President Pro Tempore At the request of the President, Supervisor Peskin assumed the Chair so the President could participate in the debate from the floor concerning the following item. The President resumed the Chair shortly thereafter. 010372 [Treasure Island Cooperative Agreement] Mayor Resolution approving and authorizing the Treasure Island Development Authority to enter into the 13th Modification to the Cooperative Agreement with the Navy to extend the Cooperative Agreement to September 30, 2001 for an additional amount of Navy reimbursement in the amount of $145,000. Enacted Number: 241-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010145 [Sublease of Treasure Island Brig Facility for Sheriff’s Department] Resolution approving a sublease, retroactive to July 1, 2000, between the City and County of San Francisco (The "City") and the Treasure Island Development Authority (The "Authority") for certain property on Treasure Island commonly known as the Brig (Buildings 670 and 671) located at the corner of 13th and M Streets on Treasure Island, for an annual rent not to exceed $250,000 per year. (Real Estate Department) (Fiscal impact.) (Supervisor Gonzalez dissenting in Committee.) Supervisor Leno, at the request of the Sheriff who is out of town, moved to continue this matter to April 9, 2001. Supervisor Leno, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010440 [Increase of Services of the Budget Analyst for fiscal year 2000-2001] Motion amending the Agreement for Professional Budget Analyst Services between the City and County of San Francisco and Stanton W. Jones and Associates/Debra A. Newman/Rodriguez, Perez, Delgado & Company Certified Public Accountants/Harvey M. Rose Accountancy Corporation Certified Public Accountants/Louie & Wong LLP Certified Public Accountants - ("A Joint Venture"), to increase the level of service for Fiscal Year 2000-2001 by $218,208. (Clerk of the Board) (Fiscal impact.) Enacted Number: M01-35 APPROVED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Neighborhood Services and Parks Committee 002054 [Granting sidewalk encroachment permit to Turner Construction Company during construction operations at 560 Mission Street] Resolution granting revocable permission to Turner Construction Company to temporarily close and occupy a portion of the sidewalk and parking lane on the easterly side of Anthony Street, between Mission and Jessie Streets, and a portion of the street area on the southerly side of Jessie Street, during construction operations at 560 Mission Street (Block 3708, Lots 15, 17 and 18). (Public Works Department) Enacted Number: 246-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Rules Committee 001951 [Proposed Conflict of Interest Code Amendments] Supervisor Newsom Ordinance amending Article III, Chapter 1 of the San Francisco Campaign and Governmental Conduct Code by adding Sections 3.1-109, 3.1-242, 3.1-252, 3.1-268, 3.1-312 and 3.1-422, amending Sections 3.1-120, 3.1-150, 3.1-155, 3.1-170, 3.1-175, 3.1-190, 3.1-195, 3.1-205, 3.1-215, 3.1-230, 3.1-235, 3.1-245, 3.1-250, 3.1-270, 3.1-275, 3.1-280, 3.1-285, 3.1-310, 3.1-320, 3.1-335, 3.1-345, 3.1-350, 3.1-355, 3.1-365, 3.1-375, 3.1-395, 3.1-410, 3.1-430, 3.1-440, and 3.1-445, and repealing Sections 3.1-115, 3.1-125, 3.1-200, 3.1-225, 3.1-370, 3.1-380, and 3.1-385 to update the list of designated employees who must file financial disclosure statements and to modify the applicable disclosure requirements. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 001189 [Appointment] Resolution appointing Emi Gusukuma, Vram Kourmajian, and Phu Nguyen, terms expiring June 6, 2001, and Vera Haile and Jeffrey Chen, terms expiring June 6, 2002, to the Immigrant Rights Commission; waiving residency requirement. (Vera Haile, succeeding Renato Ecarma, [Seat 1, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2002; Jeffrey Chen, succeeding Marie Lorraine Mallare, [Seat 2, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2002; Emi Gusukama, succeeding Martin Schenker, [Seat 6, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter.In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2001; Vram Kouramajian [residency requirement waived], succeeding Lee Sprague, [Seat 7, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2001; Phu Nguyen, succeeding Nam Thai, [Seat 8, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter.In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2001.) (Supervisor Hall dissenting on the appointment of Jeffrey Chen, Seat 2) Supervisor Hall requested the appointment of Jeffrey Chen be divided so it could be considered separately. DIVIDED. Resolution appointing Emi Gusukuma, Vram Kourmajian, and Phu Nguyen, terms expiring June 6, 2001, and Vera Haile, term expiring June 6, 2002, to the Immigrant Rights Commission; waiving residency requirement. (Vera Haile, succeeding Renato Ecarma, [Seat 1, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2001; Emi Gusukama, succeeding Martin Schenker, [Seat 6, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter.In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2001; Vram Kouramajian [residency requirement waived], succeeding Lee Sprague, [Seat 7, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2001; Phu Nguyen, succeeding Nam Thai, [Seat 8, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter.In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco], 2-year term ending June 6, 2001.) (Supervisor Hall dissenting on the appointment of Jeffrey Chen, Seat 2) The roll was then called on the remaining four appointments. ADOPTED AS DIVIDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010525 [Appointment] Resolution appointing Jeffrey Chen, term ending June 6, 2002, to the Immigrant Rights Commission. (Jeffrey Chen, succeeding Marie Lorraine Mallare; Seat 2, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco; 2-year term ending June 6, 2002.) Divided from File 001189. After brief discussion, Supervisor Peskin moved this matter be re-referred to Committee. Supervisor Peskin, seconded by Supervisor Newsom, moved that this Resolution be RE-REFERRED to the Rules Committee. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010405 [Appointment] Resolution appointing Supervisor Chris Daly, indefinite term, to the Children and Families Commission. (Supervisor Chris Daly, succeeding former Supervisor Mabel Teng, [Seat 3, must be a member of the Board of Supervisors] for an indefinite term.) Enacted Number: 251-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010243 [Rules of Order Amendment] Supervisors Peskin, Ammiano, Maxwell Motion amending the Rules of Order of the Board of Supervisors of the City and County of San Francisco to establish a new process for the Board’s consideration of Mayoral appointments to the Planning Commission, the Board of Appeals, and the Public Utilities Commission, the new process requiring that the Clerk of the Board prepare and submit for Board consideration a motion approving, and another motion rejecting, each appointment made by the Mayor. Supervisor Peskin submitted an amendment of the whole, bearing new title. Supervisor Peskin, seconded by Supervisor Leno, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Motion amending the Rules of Order of the Board of Supervisors of the City and County of San Francisco to establish a new process for the Board’s consideration of Mayoral appointments to the Planning Commission, the Board of Appeals, and the Public Utilities Commission, the new process requiring that the Clerk of the Board prepare and submit for Board consideration for each such appointment a motion supporting the appointment, a motion rejecting the appointment, and a motion taking no position on the appointment. APPROVED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Appointment of President Pro Tempore At the request of the President, Supervisor Peskin assumed the Chair for a brief period. The President resumed the Chair shortly thereafter. PUBLIC COMMENT Sergio Alanan, urge signs be placed to alert citizens accessibility not available and direct them to another entrance during filming at City Hall; Eula Walters, oppose Davis Street reopening, urge creation of park; Ernestine Weiss, oppose Butterfly Museum at park on Lot 203; Betty Wright, civil rights movement, right to address this Board, discrimination, wants apology for calling police during a Board meeting; Betty McGovern, Carolyn Blair, oppose Davis Street extension; Carolyn Blair, Diane Martin, heritage tree preservation, funding to protect trees; Scott Bushman, impacts of SF Airport, noise, exhausts, oppose proposed plant on Airport land for health and environment; Dr. Russell Long, Elisa Lynch, supports AB1058, greenhouse gas emissions resolution; Don Hall, supports proposal regarding Housing Authority accountability; Valerie Tulay, supports declaring March 31 as Cesar Chavez holiday for City employees; Bruce Allison, funding; Andrea Ingram, energy crisis; Mercedes Velasquez, supports building more power plants; Male speaker, corruption of the democratic party machine, supports Housing Authority legislation; Male speaker, supports Housing Authority legislation, film commission operations impact on neighborhood parking; Roger Lucerro, urging re-regulation of utilities, April 3 lobbying efforts; Edmund, homeless coalition meeting Thursday, Rodney, political issues, opposes free needle program, financial concerns, no smoking policy; Frederick Hobson, supports supplemental funding for seniors; Wallace Levin, thank Supervisor for attending Veterans Day parade,and support for returning flags to City Hall, Battleship; Sally Ramon, Planning Department employee, experienced personal injury caused by filming during office hours, urge limiting filming to after office hours. 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. 010478 [Commendation] Supervisors Yee, Daly Resolution congratulating Dr. John Tsu for being awarded the National Asian Pacific Center on Aging’s Lifetime Achievement Award for Advocacy, and proclaiming April 3, 2001 "Dr. John Tsu Day" in San Francisco. Supervisor Daly requested to be added as co-sponsor. Enacted Number: 253-01 ADOPTED 010494 [AB 1058, Greenhouse Gas Emissions] Supervisors Gonzalez, Newsom Resolution urging the Governor and State Legislature to support AB 1058 which would require the California Air Resources Board to formulate and implement a program for reduction of carbon dioxide emissions from passenger cars and light-duty trucks within twelve months of the date of enrollment. Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 254-01 ADOPTED 010495 [Phelan Avenue Pedestrian Safety] Supervisors Hall, Newsom Resolution urging the San Francisco Department of Parking and Traffic to continue its efforts to improve pedestrian safety along Phelan Avenue by continuing to work with Archbishop Riordan High School and City College of San Francisco on further pedestrian safety improvements. Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 260-01 ADOPTED 010496 [Extension of Planning Commission Review Period] Supervisor Leno Resolution extending the prescribed time within which the Planning Commission may render its decision on proposed ordinances to amend the Planning Code to create the Glen Park Special Use District. Enacted Number: 255-01 ADOPTED 010497 [SB10, Safe Routes to School Bill] Supervisors Maxwell, Daly, Hall Resolution urging State Senators John Burton and Jackie Speier to support State Senate Bill SB10, the Safe Routes to School Bill. Supervisors Daly, Hall requested to be added as co-sponsors. Enacted Number: 256-01 ADOPTED 010498 [Commendation] Supervisor Daly Resolution commending lesbian activist, artist, writer and outreach worker, Delphine Brody. Enacted Number: 257-01 ADOPTED 010499 [Commendation] Supervisor Newsom Resolution congratulating Seven Tepees Youth Program for its outstanding commitment to inner city youth. Enacted Number: 258-01 ADOPTED 010475 [Meeting Schedule] Supervisor Ammiano Motion calling a special meeting of the Board of Supervisors for Monday, April 2, 2001, at 10:00 a.m. to consider matters, which normally would be considered at the regular meeting of April 2, 2001 at 2:00 p.m., and cancelling the regular meeting of April 2. Enacted Number: M01-36 APPROVED 010509 [Budget Town Hall Meetings] Supervisors Leno, Peskin, Gonzalez, Hall Motion urging the Clerk of the Board of Supervisors to coordinate with interested members of the Board of Supervisors, the Budget Analyst, the Mayor’s Office, the Chair of the Finance Committee and all City Departments to create District Town Hall Budget Meetings that allow citizens of San Francisco greater input into this year’s budget process. Supervisor Hall requested to be added as co-sponsor. Enacted Number: M01-37 APPROVED 010510 [Extend Time for Negotiations] Supervisor Newsom Motion extending time for negotiations pursuant to Charter Section 11.100. Enacted Number: M01-38 APPROVED 010511 [Needle Exchange] Supervisors Ammiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick 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: M01-39 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee Appointment of President Pro Tempore At the request of the President, Supervisor Daly assumed the Chair for a brief period. The President resumed the Chair shortly thereafter. Severed From For Adoption Without Committee Reference Agenda 010482 [Davis Street] Supervisor Peskin Resolution strongly urging the Department of Public Works to delay the commencement of the construction project related to the opening of Davis Street until which time City, State and Federal agencies responsible for funding the Mid-Embarcadero Roadway Project determine whether Davis Street can be deleted as a phase of the Embarcadero Roadway Project or replaced with an alternative project. Supervisor Peskin requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. ADOPTED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Newsom, Yee 010399 [Final Map for a 16 Unit Live/Work Condominium Project] Motion approving Final Map of 128 Morris Street, a Live/Work Condominium Project, being a subdivision of Lot 50, Assessor’s Block No. 3778, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 172,849.) Supervisor McGoldrick requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick requested this matter be continued to April 2, 2001. Supervisor McGoldrick, seconded by Supervisor Leno, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Newsom, Yee 010480 [Planning Department Audit] Supervisors McGoldrick, Sandoval Motion requesting that a management audit of the Planning Department be added to the audit workplan, be given priority on this workplan, and be conducted at the earliest juncture. Supervisor McGoldrick requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Sandoval requested to be added as co-sponsor. Supervisor McGoldrick requested this matter be continued to April 2, 2001. Supervisor McGoldrick, seconded by Supervisor Leno, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Newsom, Yee 010481 [Amending proposed schedule of management audits of City and County Departments] Supervisor McGoldrick Motion amending proposed schedule of management audits to be conducted of programs of City and County Departments by the Budget Analyst. Supervisor McGoldrick requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick requested this matter be continued to April 2, 2001. Supervisor McGoldrick, seconded by Supervisor Leno, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Newsom, Yee 010486 [Final Map for a 10 Unit Live/Work Condominium Project] Motion approving Final Map of 699 Pennsylvania Avenue, a Live/Work Condominium Project, being a subdivision of Lot 2, Assessor’s Block No. 4104, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 172,851.) Supervisor McGoldrick requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor McGoldrick requested this matter be continued to April 2, 2001. Supervisor McGoldrick, seconded by Supervisor Leno, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval Absent: 2 - Newsom, Yee OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 010487 [Double Parking] Supervisor Newsom Ordinance amending Traffic Code Section 53 to extend the ordinance for one year. 3/19/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 3/26/01, SUBSTITUTED. Supervisor Newsom submitted a substitute ordinance bearing new title. 3/26/01, ASSIGNED to Housing, Transportation and Land Use Committee. 010526 [Single Room Occupancy Visitor Policy] Supervisors Daly, Newsom Ordinance amending Police Code by adding a new Section 919.1 to prohibit charges for visitors to guests and occupants of Residential Hotels, and to prohibit operators from restricting visitors to guests and occupants of Residential Hotels except in accordance with a Residential Hotel Visitor Policy approved by the Single Room Occupancy Safety and Stabilization Task Force; amending Administrative Code Sections 37.9(a)(1) and (2) to provide that a Residential Hotel occupant’s failure to pay a charge prohibited by Police Code Section 919.1 shall not constitute non-payment of rent or violation of a condition or obligation of tenancy; and amending the Administrative Code by adding a new Chapter 41D to authorize the Single Room Occupancy Safety and Stabilization Task Force to establish criteria for, and to approve Residential Hotel Visitor Policies. 3/26/01, ASSIGNED UNDER 30 DAY RULE to Housing, Transportation and Land Use Committee, expires on 4/25/2001. 010527 [Establishment of Housing Commission] Supervisor Gonzalez Ordinance amending Chapter 2 of the San Francisco Administrative Code by adding Article III thereto; establishing a Housing Commission pursuant to Section 34291 of the California Health and Safety Code to be appointed by the Board of Supervisors; establishing the qualifications and terms for members; and establishing the powers and duties of the Commission. 3/26/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 4/25/2001. 010529 [Cesar Chavez City Holiday] Supervisors Sandoval, Gonzalez, Daly, McGoldrick, Maxwell, Ammiano Ordinance amending Chapter 16, Article 1 of the San Francisco Administrative Code by adding Section 16.5 to create an official holiday for March 31st, the birthday of Cesar Chavez. 3/26/01, RECEIVED AND ASSIGNED to Rules Committee. 010528 [Redefine Live/Work as Loft Housing and Classify them as Residential Uses] Supervisors Hall, Maxwell, McGoldrick, Peskin, Sandoval, Yee Ordinance amending the Planning Code by amending Sections 102.7 and 102.13 to redefine "live/work" units as "loft housing" and classify them as residential uses, by repealing Section 233 (Live/Work Units), and by adding new Section 232 (Loft Housing) that subjects loft housing to both existing live/work controls and also to additional controls that permit loft housing where housing is permitted, require a conditional use where housing requires a conditional use and require a conditional use where live/work is currently permitted, that require the loft housing unit to be the primary residence of at least one of the occupants, that provide there will be no accessory use limitations or restrictions on the nature of work which could be performed in the unit (with some exceptions) and no requirement that any of the occupants work in the unit, that require loft housing to comply with existing inclusionary housing policies, that set density limits for loft housing projects, that authorize the Planning Commission to permit additional height up to 20 feet within the South of Market Residential Service District (RSD) in return for additional affordable housing, that require loft housing constructed in a residential zoning district to comply with all requirements for residential uses including the Residential Design Guidelines, that require loft housing constructed in areas not zoned residential to comply with adopted design guidelines and all requirements for residential uses except for height, front setback and open space requirements, that require conditional use authorization to convert loft housing units or previously existing live/work units to entirely office space, and that establish a 15-foot rear yard requirement subject to modification; providing that this ordinance supersedes any inconsistent Planning Commission policies; requiring the Planning Department to complete its rezoning studies of the IPZs and forward appropriate rezoning legislation to the Board by December 31, 2001; adopting findings. 3/26/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 03/29/01 - Transmitted to Planning Commission for public hearing and recommendation. Resolutions 010530 [Children’s Internet Protection Act] Supervisor Yee Resolution urging the School District and Library Commission to comply with the Children’s Internet Protection Act. 3/26/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 010531 [Board of Supervisors as Governing Body] Supervisor Gonzalez Resolution rescinding that portion of Resolution No. 3874 requesting the Mayor to appoint commissioners of the Housing Authority of the City and County of San Francisco, and declaring the Board of Supervisors to be the Commissioners of the Housing Authority. 3/26/01, RECEIVED AND ASSIGNED to Rules Committee. 010532 [Bicycle Transit Improvements at Cesar Chavez] Supervisors Maxwell, Ammiano, Newsom Resolution approving the Cooperative Agreement between the City and County of San Francisco and the State of California Department of Transportation concerning the construction and financing of a bicycle overcrossing and at-grade pedestrian/bicycle path widening on Highway 101 at Cesar Chavez Street in San Francisco and directing and ratifying certain actions in connection with this Resolution. 3/26/01, RECEIVED AND ASSIGNED to Finance Committee. 010533 [Live/Work Task Force] Supervisors Ammiano, Daly, Leno, Maxwell, McGoldrick, Peskin, Sandoval Resolution establishing a Live/Work Task Force to develop recommendations for consideration by the Board of Supervisors as to City policy on live/work development and related issues, establishing the membership of the Task Force and method of appointment of its members, directing the Task Force to establish its rules of operation including receiving testimony from the public on issues related to live/work development and proposed recommendations, directing the Clerk of the Board of Supervisors to provide such staff support as may be necessary to comply with the Sunshine Ordinance, urging the Task Force to report back to the Board of Supervisors by May 31, 2001 and providing that the Task Force shall sunset its operations as June 31, 2001. 3/26/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010534 [AB 869, Arts and Education, Public Schools] Supervisors Ammiano, Peskin, Newsom Resolution supporting Assembly Bill 869 strengthening arts and education in California’s Public Schools. 3/26/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010535 [Caltrain Bike Station] Supervisors Hall, Daly, Leno, Maxwell, Peskin, Newsom Resolution encouraging the Peninsula Corridor Joint Powers Board (Caltrain) to accept and expend funds to construct a bike station at Caltrain’s 4th and King Streets station; and urging the San Francisco Department of Parking and Traffic and the San Francisco Department of the Environment to investigate all potential funding sources for operating expenses and to support the successful launch of a bike station operation. 3/26/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010536 [Business tax litigation funds for San Francisco youth] Supervisor Sandoval Resolution requesting that businesses included in the settlement of the "Business Tax Litigation" spend settlement monies, other than those needed to pay for legal fees, on programs for San Francisco youth. 3/26/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010537 [Million Mom March] Supervisors Ammiano, Leno, Newsom Resolution in support of the Million Mom March working toward sensible gun laws in the United States. 3/26/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010538 [Commendation] Supervisors Peskin, Newsom Resolution commending The Arc San Francisco on its grand opening of its affordable housing and senior services center at 416 Bay Street. 3/26/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010539 [State Grant] Mayor, Supervisors Maxwell, Sandoval Resolution authorizing the Mayor’s Criminal Justice Council (MCJC) to accept and expend funds in the amount of $2,831,103 from the State Board of Corrections, from funds made available under Assembly Bill 1913 - known as the Schiff-Cardenas Crime Prevention Act of 2000 (CPA 2000), for programs and approaches that have been demonstrated to be effective in reducing delinquency. 3/26/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Charter Amendment 010540 [Vacancy in an Elective Office] Supervisors McGoldrick, Ammiano Charter amendment (First Draft) to amend Sections 2.102, 3.102, 6.107, 8.100 and 8.101 to shorten the period following a vacancy in an elective office before there is an election to fill the unexpired term. 3/26/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 4/25/2001. Requests for Hearing 010541 [Branch Library Construction/Affordable Housing Partnerships] Supervisor Daly Hearing to consider plans to renovate branch libraries, and assess the feasibility of adding affordable rental and limited-equity housing. 3/26/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 010542 [Information Technology and Temporary Workers] Supervisor Daly Hearing to study the report of the Legislative Analysts on Information Technology and Temporary Workers. 3/26/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 010543 [Civil Grand Jury, Film and Video Arts Commission] Supervisor Daly Hearing to consider the Civil Grand Jury report on Film and Video Arts Commission activities specifically: (1) the disposition of funds in the Film Special Production Fund; (2) program or other proactive measure taken in fulfillment of the City’s long-term goal regarding the expansion of the San Francisco film industry; (3) qualifications of prospective commissioners; (4) delegation of neighborhood liaison functions to the film companies. 3/26/01, RECEIVED AND ASSIGNED to Rules Committee. 010544 [Police and Sheriff Sensitivity Training] Supervisors Leno, Ammiano Hearing to consider cost and feasibility of expanding the police and sheriff’s sensitivity training programs for interaction with the lesbian, gay, bisexual and transgender communities with a mandate for training all members of both Departments, not just new recruits. 3/26/01, RECEIVED AND ASSIGNED to Finance Committee. 010545 [Potrero Hill Power Plant] Supervisors Maxwell, Ammiano, Leno Hearing to consider briefing and policy recommendations from the Board’s Potrero Hill Power Plant Task Force and to examine its broader energy policy, including the proposed power plant at the Airport, the Hunters Point Power Plant, public power, and a broader City energy plan. 3/26/01, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Sponsor requests this item be scheduled for consideration at the April 24, 2001 meeting. 010547 [Update to Housing and Residence Element] Supervisor McGoldrick Hearing on the preparation by the Planning Department of update to San Francisco’s housing/residence element required to be completed this year under state law, as well as efforts which have been undertaken to implement the City’s existing housing/residence element. 3/26/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. Motions 010524 [Department of Public Health] Supervisor Ammiano State of the City’s Health Report from Director, Department of Public Health. 3/26/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration April 9, 2001, Special Order at 3:00 p.m. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 010476 [Parking regulations, commercial vehicle with a gross weight in excess of 10,000 pounds] Supervisors Yee, Sandoval Ordinance amending Traffic Code by amending Sections 63 and 63(a) thereof, relating to commercial vehicle parking in certain use districts. (Parking and Traffic Department) 3/21/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. April 10, 2001 - Supervisor Yee requested to be added as sponsor. PROPOSED RESOLUTIONS 010472 [Extension of real property lease at 575 Polk Street] Resolution authorizing exercise of option regarding an extension of a real property lease at 575 Polk Street, on behalf of the Superior Court of San Francisco. (Real Estate Department) 3/16/01, RECEIVED AND ASSIGNED to Finance Committee. 010473 [Acquisition of noise easements for insulation of four religious assembly buildings and one skilled-nursing facility] Resolution authorizing the acquisition of 5 noise easements for properties located in the City of San Bruno. (Real Estate Department) 3/19/01, RECEIVED AND ASSIGNED to Finance Committee. 010474 [Settlement of Claim] Resolution approving the settlement of the unlitigated claim filed by Kathleen Kuda against San Francisco for $87,500; claim was filed on November 3, 2000; additional material term of said settlement is the signing of a release of CF liability against the City and County of San Francisco. (City Attorney) (Claim Number 01-01214.) 3/20/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 010477 [Federal grant for the Light Rail Street Resurfacing Project] Resolution authorizing the Department of Public Works to accept and expend a grant in the amount of $2,342,000 in Federal Revenue-Aligned Budget Authority (RABA) funds with required local matching funds of $303,431 for the 3rd Street Light Rail Street Resurfacing Project. (Public Works Department) 3/20/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 010479 [Grant funds for Traffic Collision Records Management System] Resolution authorizing the Department of Parking and Traffic to retroactively apply for, accept and expend a grant in the amount of $60,000 from the State of California-Office of Traffic Safety for implementation of a comprehensive traffic collision records management system. (Parking and Traffic Department) 3/21/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. Requests Granted From: Supervisor Ammiano To: Director, Administrative Services Requesting/Inquiring: Inquiring what the process is for obtaining a permit to film on City Hall grounds, and specifically requesting input on how the planning, scheduling, and notification aspects of the process could be improved. From: Supervisor Ammiano To: All City Department Heads Requesting/Inquiring: In conjunction with the City Attorney, to request from all City Department Heads confidential information concerning lead paint abatement efforts for use in litigation by responding to the following questions: 1) Have you had to detect, test, monitor, provide maintenance, screen individuals for or abate the presence of lead paint? For example, has your department been required to remove lead paint for occupation or remodeling of any facility managed by your department? If so, please list date, location, type of work performed and by whom. 2) Please provide all costs, if any, that your department has incurred from lead paint abatement efforts as described in question one or otherwise. This would include staff costs and time in addition to out of pocket expenses. Your confidential response is to be sent directly to City Attorney Louise Renne (City Hall, Room 234, Attn: Kyri McClellan). From: Supervisor Daly To: Director, Department of Human Services To: Director, Mayor’s Office on Homelessness Requesting/Inquiring: That the Directors of the Department of Human Services and Mayor’s Office on Homelessness investigate and report the annual census of shelter beds for each of the last six years, with emergency winter shelter beds counted separately. What has the number of persons turned away from shelter been during the same period? What has the number of shelter residents accessing permanent housing been on an annual In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: James T. Yee (Supervisor Daly) ADJOURNMENT There being no further business, the Board at the hour of 5:12 p.m adjourned. Gloria L. Young, Clerk 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 May 21, 2001. 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 persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying.Thus applause and booing are both contrary to Board requirements.The ringing and use of cell phones, pagers and similar sound-producing electronic devices is prohibited.Violators may be removed from the meeting room.The Board does not permit signs to be brought into the meeting or displayed in the room.Standing is not allowed in the Legislative Chamber. Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Agenda are available on the internet at www.ci.sf.ca.us/bdsupvrs.bos.htm. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Board meetings are televised on channel 26.For video tape copies and scheduling call (415) 557-4293. Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555. Requests for language translation at a meeting must be received by the Clerk of the Board of Supervisors at least 48 hours before the meeting.For meetings on a Monday or a Tuesday, Disability access 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 more 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 Clerk of the Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna_Hall@ci.sf.ca.us Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.ci.sf.ca.us/bdsupvrs/sunshine.htm