Board of Supervisors Minutes: April 9, 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, April 9, 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, the following Supervisors were noted absent: Supervisors Peskin, Yee - 2. Quorum present. Supervisor Peskin was noted present at 2:01 p.m. Supervisor Yee was noted present at 2:04 p.m. APPROVAL OF MEETING MINUTES Supervisor Leno, seconded by Supervisor McGoldrick, movedto APPROVE the March 5, 2001 Meeting Minutes. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval Absent: 2 - Peskin, Yee Privilege of the Floor President Ammiano, seconded by Supervisor Leno, 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 Guests Annemarie Conroy, Director, Treasure Island Development Authority and former Supervisor,and Noah Griffin appeared and gave an eulogy in memory of Bob Mahoney.Mr. Griffin read three verses he had written in his honor. 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 Daly indicated the matter relating to commending Frederick Hobson, File 010593.(See infra.) Supervisor Ammiano indicated the matter relating to special off-site meetings of the Finance Committee , File 010608.(See infra.) CONSENT AGENDA Recommendations of the Finance Committee 002197 [Parking station regulations] Supervisors Leno, Peskin, Gonzalez, Sandoval, Newsom, Daly Ordinance adding Article 49 Sections 4901 to 4916 to the San Francisco Police Code to require parking stations to have revenue control equipment and to provide receipts to occupants, to have appropriate signage, to provide that the Department of Consumer Assurance will confirm accuracy of revenue control equipment, and to provide for criminal or civil penalties for violations and amending Section 6.6-1 the San Francisco Business and Tax Regulation Code to allow revocation of a certificate of authority for failure to comply with the provisions of the Police Code. Supervisor Daly requested to be added as co-sponsor. Enacted Number: 61-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee Severed from Consent Agenda 010483 [State/Airport Maintenance Agreement] Resolution approving the final Maintenance Cooperative Agreement as it relates to the SFIA Inbound/Outbound Ramps Project which is by and between the City and County of San Francisco, acting through its Airport Commission, and the State of California. (Airport Commission) Supervisor Sandoval requested this matter be severed so it could be considered separately. SEVERED FROM CONSENT AGENDA. ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Finance Committee 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.) Enacted Number: 280-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Gonzalez Recommendation of the Housing, Transportation and Land Use Committee 010400 [Placement of PVC pipes across Miramar Avenue at 1490 Ocean Avenue] Resolution granting revocable permission to Tosco to occupy a portion of the street area under Miramar Avenue for the purpose of installing and maintaining four (4) schedule 80 polyvinyl chloride pipe (PVC) as part of a recovery/clean up system. (Public Works Department) (DPW Order No. 172,740.) Enacted Number: 282-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee NEW BUSINESS Recommendation of the Finance Committee 010316 [2001 Annual Joint Fundraising Drive] Resolution designating those agencies qualified to participate in the 2001 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. Enacted Number: 281-01 ADOPTED 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 010452 [Library Fee Amnesty Program] Supervisors Yee, Hall, Sandoval, Daly Ordinance amending the San Francisco Administrative Code by adding Section 8.21-3 to authorize the Library Commission to establish a Library fee amnesty program to take place during a two-week period prior to July 1, 2001, whereby the Library Commission, after notice and public hearing, is authorized to waive all fees charged for overdue San Francisco Public Library materials based on a finding that this amnesty program is likely to promote the return of needed Library materials or promote the increased use of the Library. Supervisor Daly requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee SPECIAL ORDER 3:00 P.M. 010524 [Department of Public Health] Supervisor Ammiano State of the City’s Health Report from Director, Department of Public Health. Dr. Mitch Katz spoke about their involvement with single room occupancy, mental health issues, prevention, strategic planning, universal health care for children and environmental issues. (A copy of his message is on file in the Office of the Clerk of the Board.) FILED. Appointment of President Pro Tempore At the request of the President, Supervisors Peskin, McGoldrick and Yee assumed the Chair briefly, at different times. The President resumed the Chair. SPECIAL ORDER 5:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 010605 [Public Hearing] Hearing to consider the four matters relating to the City’s business tax as follows: ordinance authorizing the settlement of lawsuits filed as outlined in File 010437; resolutions providing for the issuance and authorizing and directing the sale of not to exceed $69,060,000 of City and County Settlement Obligation Bonds, Series 2001; and ordinance amending the Business and Tax Regulations Code to (1) repeal Section 917.1 of Article 12-A and all of Article 12-B to eliminate the gross receipts method of calculating the tax on businesses; (2) enact a new Article 12 to amend business registration requirements consistent with the repeal of Article 12-B; and (3) enact a new Article 12-B to refund gross receipts-based tax payments for the 2000 tax year to the extent that such payments exceeded businesses’ tax liability for such year as measured by their payroll expense. (April 2, 2001, Supervisor Newsom was excused from voting on these matters.) The privilege of the floor was grant to the following persons: Robert Collins; JoeVentresca; Calvin Davis; Daren Lewis; Tommy; Richard Ow; Billy; Dave Maguire; female SF State University student; James Tracy; Eileen Hanson; Rita; Abdalla Megahed; Nora; Mark Norton; Walter Johnson; Libby; SF General Motors worker; Josie Mooney; Nathan Lane; Steven Bingham; Virginia; Bob Welso; Sara; John Henney; Michael Casey; Eddie Rosario; Andrew Woods; Denise Deanna; Barry Notherson; Roger Scott; Julia Bershare; Rebecca Connerson; Michael Nulty; Ron Gershon; Doug Comstock; Carl Kramer; Madelyne Soule; Lela Salaza; Mark Solomon; Mary Magee; Alan Buchard; Don Paul; Edmund; Roman. HEARD AT PUBLIC HEARING. Committee of the Whole Rise and Report Without Recommendation Recommendations of the Finance Committee 010437 [Settlement of business tax lawsuits; authorization to make binding settlement offers; authorization to settle unlitigated claims] Supervisors Peskin, Leno, Hall, Maxwell, Yee Ordinance authorizing settlement of the lawsuits filed by Eastman Kodak Company and General Motors Corporation versus the City and County of San Francisco by payment of a total amount not to exceed $112,889.78 plus interest; the Eastman Kodak lawsuit was filed on April 22, 1999 in San Francisco Superior Court, Case No. 302983 (Court of Appeal No. A091910), entitled Eastman Kodak Company v. City and County of San Francisco; the General Motors lawsuit was filed on February 24, 1999 in San Francisco Superior Court, Case No. 301510 (Court of Appeal A091914), entitled General Motors Corporation v. City and County of San Francisco; the other material terms of the settlements are that the settlements shall include any claims for the 2000 tax year, plaintiffs shall not file any claims for refunds otherwise due pursuant to any repeal of the gross receipts tax ordinance for the 2000 tax year, the plaintiffs shall agree to join in an application for a stipulated reversal of the trial court decisions pursuant to California Code of Civil Procedure Section 128; authorizing the City Attorney to make offers to allow judgment pursuant to California Code of Civil Procedure Section 998 in various business tax cases, for a total amount not to exceed $63,980,109.06; and further authorizing settlement of unlitigated claims, for a total amount not to exceed $380,576.16. (Supervisor Gonzalez dissenting in Committee.) Supervisor Ammiano moved to continue consideration to April 16, 2001. President Ammiano, seconded by Supervisor Sandoval, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Excused: 1 - Newsom 010512 [Settlement of Obligation Bond Issuance] Supervisor Peskin Resolution providing for the issuance of not to exceed $69,060,000 aggregate principal amount of City and County of San Francisco Settlement Obligation Bonds, Series 2001 (Business Tax Judgment); 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 relating thereto; 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. (Fiscal impact; companion measure to File 010513.) (Supervisor Gonzalez dissenting in Committee.) Supervisor Ammiano moved to continue consideration to April 16, 2001. President Ammiano, seconded by Supervisor Sandoval, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Excused: 1 - Newsom 010513 [Settlement of Obligation Bond Sale] Supervisor Peskin Resolution authorizing and directing the sale of not to exceed $69,060,000 City and County of San Francisco Settlement Obligation Bonds, Series 2001 (Business Tax Judgment); prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts relating thereto; approving the forms of the Official Notice of Sale and the Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form and execution of the Official Statement relating thereto; approving the form of the Continuing Disclosure Certificate; 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. (Fiscal impact.) (Supervisor Gonzalez dissenting in Committee.) Supervisor Ammiano moved to continue consideration to April 16, 2001. President Ammiano, seconded by Supervisor Sandoval, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Excused: 1 - Newsom From Finance Committee Without Recommendation 010274 [Business Tax Gross Receipts] Supervisors Gonzalez, Peskin, Maxwell, Hall, Sandoval, Daly, McGoldrick Ordinance amending the Business and Tax Regulations Code to (1) repeal Section 917.1 of Article 12-A and all of Article 12-B to eliminate the gross receipts method of calculating the tax on businesses; (2) enact a new Article 12 to amend business registration requirements consistent with the repeal of Article 12-B; and (3) enact a new Article 12-B to refund gross receipts-based tax payments for the 2000 tax year to the extent that such payments exceeded businesses’ tax liability for such year as measured by their payroll expense. (Fiscal impact.) Supervisor Ammiano moved to continue consideration to April 16, 2001. President Ammiano, seconded by Supervisor Sandoval, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Excused: 1 - Newsom 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. PUBLIC COMMENT Abdalla Megahed, homeless deaths, volunteers needed to serve food; Ernestine Weiss, urged transfer of Lot 202 and 203 to make it a permanent park, blackout procedures; James Pye, wants son returned to the home; Theresa Coleman, public housing management; James Chaffee, public library and soft money, questions providing public funding to private organization; Lloyd Schloegel, Third Street light rail; Sarah Bowers, spending funds for City Hall renovation vs rehabilitation programs, youth programs, affordable housing; Male speaker, need more public toilets; Graham Demson, female speaker, supports child care subsidized program; Andre Mansrian, supports Armenian Genocide Commemoration Day; Worldwind Dreamer, commenting on democratic party, PG&E corporation, politicians. Recess The Board, at the hour of 4:27 p.m. , took a brief recess. Reconvening of the Board The Board, at the hour of 4:28 p.m., reconvened. 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. Items 15 through 30 010553 [California Assembly Bill 934] Resolution opposing California Assembly Bill 934 (AB 934), which would fundamentally change existing appeal procedures by, in effect, vacating assessment appeals board valuation decisions regarding local property tax assessments that are appealed by a taxpayer and providing for a trial de novo (a new trial) in Superior Court, instead of continuing with the current procedure which provides for Superior Court review of the administrative record of the quasi-judicial assessment appeals board valuation hearing and decision where the court reviews the administrative record only for arbitrariness, abuse of discretion, or failure to follow standards prescribed by the legislature, including review of whether the assessment appeals board’s findings are supported by substantial credible evidence in the administrative record;Joining in the California State Association of Counties (CSAC) opposition to AB 934;Instructing the City’s lobbyists in Sacramento to oppose AB 934;And urging the City’s state legislative delegation to oppose AB 934. (Clerk of the Board) Enacted Number: 274-01 ADOPTED 010592 [National Budget Surpluses] Supervisor Sandoval Resolution urging our congressional delegates to put kids first as they allocate budget surpluses. Enacted Number: 284-01 ADOPTED 010594 [Commendation] Supervisors Daly, Peskin, Newsom Resolution commending the Coalition on Homelessness for their tireless work on organizing and advocating with the homeless community in San Francisco. Supervisors Peskin, Newsom requested to be added as co-sponsors. Enacted Number: 289-01 ADOPTED 010595 [Proclamation] Supervisors Newsom, Hall Resolution ratifying that the Board of Supervisors declares the period between May 12th and June 16th, 2001 as "Elder Abuse Awareness Month" in the City and County of San Francisco. Supervisor Hall requested to be added as co-sponsor. Enacted Number: 285-01 ADOPTED 010603 [Extend time for Planning Commission Action] Supervisor Leno Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code provisions relating to dwelling units. Enacted Number: 286-01 ADOPTED 010606 [Brotherhood Way] Supervisor Hall Resolution expressing the desire of the Board of Supervisors to maintain the premises on the south side of Brotherhood Way for continued educational and religious purposes. Enacted Number: 287-01 ADOPTED 010610 [SB 993, The Early Education and Wage Equity Act] Supervisors Peskin, Sandoval, Leno, Daly Resolution supporting the Early Education and Wage Equity Act. Supervisors Sandoval, Leno, Daly requested to be added as co-sponsors. Enacted Number: 288-01 ADOPTED 010602 [Committee of the Whole] Supervisors Sandoval, Hall Motion scheduling a Committee of the Whole to examine the process of re-drawing the district lines within San Francisco should the Department of Elections find the need to do so, to be held on April 16, 2001 at 3:00 p.m. Supervisor Hall requested to be added as co-sponsor. Enacted Number: M01-42 APPROVED 010604 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick, Maxwell Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisor Maxwell requested to be added as co-sponsor. Enacted Number: M01-43 APPROVED 010609 [Final Map for a 24 Unit Live/Work Condominium Project] Motion approving final map of 317 Harriet Street, a Live/Work Condominium Project, being a subdivision of Lots 3 and 125, Assessor’s Block No. 3779, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 172,876.) Enacted Number: M01-45 APPROVED 010613 [Final Map for a 14 Unit Live/Work Condominium Project] Motion approving final map of 761 Tehama Street, a Live/Work Condominium Project, being a subdivision of Lot 90, Assessor’s Block No. 3729, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 172,887.) Enacted Number: M01-46 APPROVED 010614 [Final Map for a 6 Unit Live/Work Condominium Project] Motion approving final map of 374 11th Street, a Live/Work Condominium Project, being a subdivision of Lot 12, Assessor’s Block No. 3521, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 172,888.) Enacted Number: M01-47 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 Severed From For Adoption Without Committee Reference Agenda 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. Supervisor Sandoval requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisors Leno and Newsom were removed as co-sponsors. Supervisor Sandoval moved that this matter be continued to April 16, 2001. Supervisor Sandoval, seconded by Supervisor Leno, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee 010593 [Commendation] Supervisor Daly Resolution commending community activist and organizer, Frederick Hobson. Supervisor Daly requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Daly requested this matter be sent to committee. REFERRED to the Economic Vitality, Small Business and Social Policy Committee. 010607 [Armenian Genocide Commemoration Day] Supervisors Peskin, Hall, Sandoval, Newsom, Daly, Ammiano, Maxwell, McGoldrick, Gonzalez Resolution declaring April 24th, 2001 Armenian Genocide Commemoration Day in San Francisco. Supervisor Peskin requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisors Sandoval, Newsom, Daly, Ammiano, Maxwell, McGoldrick, Gonzalez requested to be added as co-sponsors. ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee 010608 [Special off site meetings of the Finance Committee] Motion setting special off site meetings of the Finance Committee for the purpose of receiving community input on the City and County of San Francisco’s 2001-2002 budget. (Clerk of the Board) Supervisor Peskin requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Peskin moved to amend line 12, by changing "12:00" to "1:00" p.m. Supervisor Peskin, seconded by Supervisor Leno, moved that this Motion be AMENDED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee APPROVED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 010618 [Appropriation, funding for Homeless Prenatal Program for Fiscal Year 2000-01.] Supervisors Gonzalez, Sandoval, Newsom, Daly Ordinance appropriating $60,000 from the General Fund Reserve to support the Homeless Prenatal Program in order to provide housing placement services for the homeless, through the Department of Human Services for fiscal year 2000-2001. 4/9/01, RECEIVED AND ASSIGNED to Finance Committee. 010619 [Health Service System] Supervisor Leno Ordinance amending Chapter 16, Article XV, of Part I of the San Francisco Administrative Code by amending Sections 16.700 and 16.701, regarding commissioners and board members of the City and County of San Francisco. 4/9/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/9/2001. 010620 [Interdepartmental Jurisdictional Transfer] Supervisor Peskin Ordinance transferring jurisdiction over certain real property located at Drumm Street, between Clay and Washington Streets, described generally as Assessor’s Block 202, Lots 6, 14 and a portion of 15, excluding the subsurface thereof, and Block 203, Lot 14, from the Department of Public Works to the Recreation and Park Commission; and providing that no building, improvement or structure may be constructed on the surfaces of such parcels and adjoining Assessor’s Block 202, Lot 18. 4/9/01, RECEIVED AND ASSIGNED to Finance Committee. April 11, 2001:City Attorney submitted a replacement ordinance to correct format errors, at the request of the Clerk’s Office. Resolutions 010456 [Interim Controls, Internet Services Exchanges] Supervisor Maxwell Resolution imposing interim zoning controls defining internet services exchanges, including internet services exchanges within the utility installation use category, establishing a requirement for a conditional use authorization for internet services exchanges in commercial and industrial zones, including without limitation, the C-1, C-2, C-3-G, C-3-S, C-M, M-1, M-2, SLI and SSO zones exclusive of lots under the jurisdiction of the San Francisco Port Commission or in a redevelopment project area with an adopted redevelopment plan under the jurisdiction of the San Francisco Redevelopment Agency Commission up to a six month period and making a determination of consistency with the priority policies of Planning Code Section 101.1. Received Certification of Determination of Exemption/Exclusion from environmental review dated May 2, 2001. 3/12/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 03/16/01 - Transmitted to Planning Department for environmental review. 3/20/01, TRANSFERRED to Public Health and Environment Committee. 4/9/01, SUBSTITUTED. Supervisor Maxwell submitted a substitute resolution bearing new title. 4/9/01, ASSIGNED to Public Health and Environment Committee. Sponsor requests this item be scheduled for consideration at the May 8, 2001 meeting. 010621 [2001 Community Development Block Grant] Mayor Resolution approving the 2001 Community Development Program.Authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s 2001 Community Development Block Grant (CDBG) entitlement from the U.S. Department of Housing and Urban Development, and program income up to $38,663,433 which include indirect costs of $160,000; and approving expenditure schedules for recipient departments and agencies and for indirect costs; and reserving $641,570 for future Board action. 4/9/01, RECEIVED AND ASSIGNED to Finance Committee. 010622 [HOME Program] Mayor Resolution authorizing the Mayor of the City and County of San Francisco to accept and expend a grant from the U.S. Department of Housing and Urban Development for a total amount not to exceed $7,896,000 for the HOME Program authorized under Title II of the National Affordable Housing Act of 1990, Public Law Number 101-625, and approving the HOME Program description as described in the 2001 Action Plan for San Francisco’s Consolidated Plan.Indirect costs associated with the acceptance of these grant funds will be paid by Community Development Block Grant funds. 4/9/01, RECEIVED AND ASSIGNED to Finance Committee. 010623 [2001 Emergency Shelter Grants Program] Mayor Resolution approving the 2001 Emergency Shelter Grants Program and expenditure schedule; and authorizing the Mayor on behalf of the City and County of San Francisco to accept and expend a $879,000 entitlement under the Emergency Shelter Grants Program from the U. S. Department of Housing and Urban Development. 4/9/01, RECEIVED AND ASSIGNED to Finance Committee. 010624 [Southern Crossing] Supervisors Leno, Daly, Gonzalez, Peskin Resolution urging the Metropolitan Transportation Commission to oppose plans for a Southern Crossing for automobile transit and to consider other transit alternatives for crossing the Bay. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010625 [Cell Phone Use] Supervisors McGoldrick, Daly, Gonzalez Resolution requesting San Francisco’s representatives in the State Legislature to support amendments to the Vehicle Code to prohibit the use of hand-held cell-phones while driving a motor vehicle. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010626 [St. Luke’s Hospital Proposed Affiliation] Supervisor Ammiano Resolution urging the California Attorney General to exercise his full powers under AB 254 to conduct a health impact study of any proposed affiliation involving St. Luke’s Hospital, supporting the establishment of conditions for any potential affiliation agreement between St. Luke’s Hospital and another hospital or health system, enumerating several such conditions, and urging the establishment of a committee to assist in monitoring the implementation of conditions. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010627 [Doggie Diner Head] Supervisor Newsom Resolution urging the Department of Public Works to immediately follow through with its commitments to the maintenance and costs for the relocation and restoration of the Doggie Diner Head, including the immediate establishment of a fund for donations to be made toward the cost of restoring the Doggie Diner Head. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010628 [Proclamation] Supervisors Daly, Leno, Gonzalez, Peskin Resolution commending Bertrand Delanoe on his election as Mayor of Paris, France, and proclaiming May 1st - International Workers Day, as "Mayor Bertrand Delanoe Day" in San Francisco. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010629 [Proclamation] Supervisors Daly, Leno Resolution declaring May 16, 2001 as Unity Jam Day in San Francisco. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010630 [Commendation] Supervisors Daly, Newsom Resolution commending John P. Mullane, Jr. for his decades of work on behalf of the City and County of San Francisco. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010631 [Commendation] Supervisors Hall, Newsom Resolution honoring Harry J. Quinn for his dedication in serving the City and County of San Francisco Real Estate Department. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010632 [Commendation] Supervisors Hall, Newsom, Gonzalez, Peskin Resolution honoring Anthony J. DeLucchi for his dedication in serving the City and County of San Francisco Real Estate Department. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010633 [Commendation] Supervisors Leno, Newsom, Daly, Gonzalez, Peskin Resolution commending Francesca Vietor for her leadership as the Director of the Department of the Environment. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010634 [Commendation] Supervisors Leno, Newsom, Daly, Gonzalez Resolution commending Delancey Street on its thirty years of community leadership. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010635 [Proclamation] Supervisors Maxwell, Newsom, Daly, Peskin Resolution declaring May 3rd, 2001 as World Asthma Day in San Francisco. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010636 [Commendation] Supervisor Yee Resolution commending President Xu Zhihong for his leadership of the Peking University and celebrating the occasion of the 6th anniversary of the founding of the Peking University Education Foundation. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010637 [Commendation] Supervisor Newsom Resolution commending Standing Against Global Exploitation (SAGE) for receiving the Oprah’s Angel Network "Use Your Life" Award and a gift donation of $100,000. 4/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Charter Amendments 010596 [Power Authority] Supervisors Newsom, Hall Draft charter amendment (Second Draft) to repeal Section 16.103, amend Sections 4.112, 9.107 and 13.101 and to add new Sections 4.134, 4.135, 4.136, 4.137 and 4.138, to establish a Power Authority which shall succeed to all powers and responsibilities of the Public Utilities Commission related to energy operations. (Fiscal impact.) 4/2/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/2/2001. 4/9/01, SUBSTITUTED. Supervisor Newsom submitted a substitute charter amendment (Second Draft) bearing new title. 4/9/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/9/2001. 010597 [Power and Water Authority] Supervisors Newsom, Hall Draft charter amendment (Second Draft) to repeal Section 4.112 and 16.103, amend Sections 9.107 and 13.101, and add new Sections 4.134, 4.135, 4.136, 4.137, and 4.138 to eliminate the Public Utilities Commission, to form a newly established Power and Water Authority. (Fiscal impact.) 4/2/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/2/2001. 4/9/01, SUBSTITUTED. Supervisor Newsom submitted a substitute charter amendment (Second Draft) bearing new title. 4/9/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/9/2001. Requests for Hearing 010598 [Census 2000] Supervisor Daly Hearing to study trends revealed by Census 2000 on the following:(1) the decline in African-American population; (2) the overall demographic composition of San Francisco and the Bay Area; and (3) undercounting in the Census. 4/2/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 4/9/01, SUBSTITUTED. Supervisor Daly submitted a hearing request with a new text. 4/9/01, ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 010638 [Rolling Blackouts] Supervisor Daly Hearing to study ways to use the Office of Emergency Services to inform communities about rolling blackouts.Specifically, to address concerns of small businesses and vulnerable residents. 4/9/01, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. 010639 [Summer Energy Conservation Plans] Supervisor Sandoval Hearing with the Mayor, Chief Administrator, and departments heads regarding plans to conserve energy this summer. 4/9/01, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. 010640 [Children, Youth and Families] Supervisors Daly, Sandoval Hearing to study the service coordination between various commissions and agencies serving children, youth and families, including the Delinquency Prevention Commission, Youth Commission, Children and Families Commission, Juvenile Probation Commission, and Department of Children, Youth and their Families. 4/9/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 010641 [School District Capital Improvements] Supervisors Daly, Hall Hearing to examine the public process for informing neighbors and gathering input about proposed capital improvements, specifically to study the processes used in conjunction with Lowell High School and Bessie Carmichael Elementary School projects. 4/9/01, RECEIVED AND ASSIGNED to City and School District Committee. 010642 [Bond Funds] Supervisor Leno Hearing to review the allocation of funds raised from recent Bond measures to libraries and Recreation and Park facilities. 4/9/01, RECEIVED AND ASSIGNED to Finance Committee. 010643 [2000 Census] Supervisor Yee Hearing to discuss the results of the 2000 Census, specifically:the change in the age, ethnicity and gender demographics in San Francisco; the policy implications of these changes; and the City’s response, in terms of service delivery, to these changes. 4/9/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 010644 [Ramped Taxi Permit] Supervisor Ammiano Hearing on reducing the time commitment to operate a ramped taxi permit from five years to a thirty month period, as established in San Francisco Municipal Code, Part II, Chapter VIII, Article 16, Section 1148.1.Topics including but not limited to: (1) the level of wheelchair accessible service and how it may be affected by such a change; (2) the initial investment and financial demands upon a ramped taxi permit holder; 3) the legal feasibility of legislating such a change. 4/9/01, RECEIVED AND ASSIGNED to Rules Committee. 010645 [Campaign Finance Ordinance] Supervisor Ammiano Hearing to consider the most effective ways to implement Proposition O, the Campaign Finance Ordinance, which was passed by the voters in November 2000 and limits the amount a person or group may contribute to all City candidates and political committees. 4/9/01, RECEIVED AND ASSIGNED to Rules Committee. 010646 [District Assemblies/Neighborhood Councils] Supervisor Ammiano Hearing to consider how the creation of District Assemblies/Neighborhood Councils could help to promote community input into the City’s decision-making process.Topics including but not limited to:(1) Goals and objectives of the District Assembly/Neighborhood Council System; (2) Responsibilities and tasks that would be appropriate for District Assembly/Neighborhood Council consideration; (3) Desired characteristics of District Assemblies/Neighborhood Councils; (4) Creation, certification, and proposed governance of District Assemblies/Neighborhood Councils. 4/9/01, RECEIVED AND ASSIGNED to Rules Committee. 010647 [Appropriation, HIV Prevention] Supervisor Ammiano Hearing to request a supplemental appropriation in the amount of $265,000, to fund a "Back to Basics" HIV Prevention Program through the Stop AIDS Project to reverse the increase of new HIV infections in San Francisco. 4/9/01, RECEIVED AND ASSIGNED to Finance Committee. 010651 [Public Hearing] Hearing to examine the process of re-drawing the district lines within San Francisco. (April 9, 2001: Pursuant to motion adopted by the Board of Supervisors.) 4/9/01, ASSIGNED to Board of Supervisors. Board to sit as Committee of the Whole on April 16, 2001 at 3:00 p.m. Motions 010648 [Legislative Analyst Request] Supervisors McGoldrick, Hall Motion asking the Legislative Analyst to prepare a report outlining the effects of making pedestrian safety the highest priority in the decision making processes of DPT (and the Municipal Transportation Agency when it takes over the functions of DPT), as well as the effects of making the benchmark for effective pedestrian safety whether the most vulnerable sections of our population have been adequately protected.This report also should study whether other jurisdictions have implemented such policy measures and whether they have been successful in lowering pedestrian injuries and deaths. 4/9/01, ASSIGNED to Board of Supervisors. Scheduled for Board Consideration April 16, 2001. 010649 [Legislative Analyst Request] Supervisors Peskin, Hall Motion asking the Legislative Analyst to review and report on best practices in U.S. cities to combat the proliferation of graffiti.This report should include an identification of enforcement strategies, preventive programs and direct legislative actions that have proved successful in combating graffiti, as well as a specific assessment of cities’ reactions to the use of hydrochloric acid in graffiti vandalism. 4/9/01, ASSIGNED to Board of Supervisors. Scheduled for Board Consideration April 16, 2001. 010650 [Offsite Neighborhood Services and Park Committee Meetings] Supervisor Yee Motion directing the Clerk of the Board of Supervisors to coordinate with members of the Board of Supervisors, the Mayor’s Office, appropriate City Departments, and the Chair of the Neighborhood Services and Parks Committee to create District Neighborhood Services and Parks Committee meetings. 4/9/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 010552 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Yvette Augmon, et al. against the City and County of San Francisco for $103,000.00; the lawsuit was filed on October 29, 1999 in United States District Court, Case No. C99-4779 MMC; entitled Yvette Augmon et al. v. City and County of San Francisco. (City Attorney) 3/30/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 010611 [Settlement of Lawsuit] Ordinance authorizing settlement of all claims against the City and County of San Francisco in a lawsuit filed by Lupe Cortez for $30,000.The lawsuit was filed on November 19, 1999, in Superior Court, Case No. 308-016, entitled Lupe Cortez, et al., v. City and County of San Francisco, et al.; other material terms of said settlement are that defendants Hawk Ling Lou and the Ketty F. Lou Revocable Trust will settle plaintiff’s claims against them in this matter also for $30,000. (City Attorney) 4/4/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 010612 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Carolyn L. Stowers against the City and County of San Francisco for $77,000; the lawsuit was filed on April 14, 1999 in the United States District Court, Northern District of California; Case No. C99-1857-VRW; entitled Carolyn L. Stowers, et al.; v. City and County of San Francisco, et al. (City Attorney) 4/4/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. PROPOSED MOTIONS 010554 [Fiscal Year 2001-2002 Budget for the Board of Supervisors.] Motion submitting for approval the Fiscal Year 2001-2002 Budget by the Board of Supervisors. (Clerk of the Board) (Fiscal impact.) 4/4/01, RECEIVED AND ASSIGNED to Finance Committee. Requests Granted From: Supervisor Daly To: City Attorney Requesting/Inquiring: To draft legislation that uses adjusted Census counts utilizing samplings as the basis for redistricting. From: Supervisor Daly To: City Attorney Requesting/Inquiring: To draft legislation that requires the Department of Parking and Traffic to post on all parking meters the telephone number and additional information for the Department of Consumer Assurance, which investigates parking meter malfunction. From: Supervisor Gonzalez To: Director, Housing Authority Requesting/Inquiring: To explain why they have not been able to account for funds which are outlined in the March 30, 2001 Office of Inspector General of the Department of Housing and Urban Development audit report. From: Supervisors Hall, Gonzalez To: Director, Departmentof Parking and Traffic Requesting/Inquiring: To investigate and report on the status of the "No Parking" regulations along the corners of Seventh Avenue and Kirkham and Judah Streets?And when will these new regulations be put into place? From: Supervisors Hall, Newsom To: Director, Cal/OSHA Requesting/Inquiring: To investigate and report if Cal/OSHA has ever done a health and safety report on the building located at 1235 Mission Street? If so, please send a copy to the Clerk of the Board of Supervisors. From: Supervisor Maxwell To: Director, Airport Commission Requesting/Inquiring: To report on available land at San Francisco international Airport (SFO) for potential power plant construction by the City and County of San Francisco.In, addition, please provide a complete update on any current plans for power plant construction at SFO. Due date: April 23, 2001. From: Supervisor Maxwell To: General Manager, Public Utilities Commission Requesting/Inquiring: To provide an estimated capital and yearly operating costs for the City and County of San Francisco (CCSF) to construct and operate its own power plant.Please provide a variety of estimates based on: 1. A power plant with a generating capacity of 300 MW, 400 MW, 500 MW 2. A power plant that operates on natural gas, natural gas in combination with renewable energy sources 3. A power plant that utilizes the best available technology for pollution control 4. Any other variables the Board of Supervisors should consider. In addition, please provide financing options that the City could utilize for a such a project. Due date: May 7, 2001 From: Supervisor Maxwell To: General Manager, Public Utilities Commission Requesting/Inquiring: To provide a feasibility analysis for the City and County of San Francisco to construct and maintain energy transmission lines across the San Francisco Bay. Please include in this analysis project benefits: particularly in terms of energy reliability for residents of the City, and project costs, both capital and operating. Due date: May 7, 2001 From: Supervisor Peskin To: General Manager, Public Utilities Commission Requesting/Inquiring: Inquires about the foul stenches that have been reported along The Embarcadero by area residents.Specifically, an explanation on the origin and duration of odors, and what measures are being taken to mitigate these odors. From: Supervisor Peskin To: Director, Administrative Services To: Director, Department on Aging and Adult Services To: Director, Airport Commission To: Clerk, Board of Supervisors To: Director, Building Inspection To: Director, Business and Economic Development To: Director, Children, Youth and their Family To: In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Glenn Fullard (Supervisor Daly) Bob Mahoney (The entire Board) Phillip Turner(The entire Board) Bob Basker (The entire Board) Bob Miller (Supervisor Leno) Bob Heifetz (Supervisor Peskin) Mrs. Man Yet Leung (Supervisor Yee) ADJOURNMENT There being no further business, the Board at the hour of 8:17 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 29, 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: 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.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. Para traducciones de idiomas (al menos 48 horas antes de la reunion) llamar al (415) 554-4909 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 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 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.ci.sf.ca.us/bdsupvrs/sunshine.htm