Board of Supervisors Minutes: April 30, 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 30, 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 2:07 p.m.On call of the roll, Supervisors Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee were noted present. Quorum present. 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 Health Service System, File 010454.(See infra.) President Ammiano indicated the matter relating to labor negotiations will be considered at the end of the meeting, File 010768.(See infra.) Clerk of the Board indicated the matter relating to special off site meetings of the Finance Committee needs correction, File 010767.(See infra.) CONSENT AGENDA Recommendations of the Audit, Labor and Government Efficiency Committee 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) PASSED, ON FIRST READING 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) PASSED, ON FIRST READING 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) PASSED, ON FIRST READING Recommendation of the Finance Committee 010471 [Appropriation, funding the Octavia Boulevard Construction Project] Supervisor Leno Ordinance appropriating $348,196 of lease revenues from former Central Freeway right-of-way parcels currently used as parking lots to fund design, construction, development and maintenance of road improvements on Octavia Boulevard by Public Works in fiscal year 2000-01. (Controller) (Fiscal impact.) Enacted Number: 70-01 FINALLY PASSED Recommendation of the Housing, Transportation and Land Use Committee 010256 [Speed Limit on Chestnut between Hyde/Leavenworth Streets] Supervisor Newsom Ordinance amending the San Francisco Traffic Code, establishing a 20-MPH speed limit on Chestnut Street, between Hyde and Leavenworth Streets. (Parking and Traffic Department) Enacted Number: 68-01 FINALLY PASSED Recommendations of the Rules Committee 010404 [Appointment] Resolution appointing Vanessa Padilla, term ending October 1, 2001, and Lavita Daniel, term ending October 1, 2003, to the Drug Abuse Advisory Board; residency requirement waived. Vanessa Padilla (residency requirement waived), succeeding Irene Sung, Seat 11, must represent the public at large, for the unexpired portion of a three-year term ending October 1, 2001; Lavita Daniel, succeeding Robert Elliott, resigned, seat 12, must represent the public at large or a service provider, unexpired portion of a three-year term ending October 1, 2003. Enacted Number: 347-01 ADOPTED 010522 [Appointment] Resolution appointing Dennis Yun, term expiring January 31, 2003, and Alex Kitzes, term ending January 31, 2004, to the Mental Health Board. Dennis Yun, succeeding Darwin Dias, term expired, Seat 12, must be a consumer, a new three-year term expiring January 31, 2003; Alex Kitzes, succeeding Toye Moses, term expired, Seat 15, must be a health professional, a new three-year term expiring January 31, 2004. Enacted Number: 348-01 ADOPTED 010655 [Appointment] Resolution appointing Victor Veysey and Casey Allen, terms ending December 31, 2003, to the Bicycle Advisory Committee. Victor Veysey, succeeding himself, term expired, Seat 1, must represent the bicycle industry, a new three-year term ending December 31, 2003; Casey Allen, succeeding himself, term expired, Seat 2, must represent an environmental organization, a new three-year term ending December 31, 2003. Enacted Number: 349-01 ADOPTED 010656 [Appointment] Resolution appointing Elissa Eckman, June Wilson, Sherri Franklin, and Cheryl Bentley, terms ending April 30, 2003, to the Animal Control and Welfare Commission. Elissa Eckman, succeeding Chin Chi, term expired, Seat 3, must represent the public at large, a new two-year term expiring April 30, 2003; June Wilson, succeeding Elissa Eckman, term expired, Seat 4, must represent the public at large, a new two-year term expiring April 30, 2003; Sherri Franklin, succeeding Cheryl Bentley, term expired, Seat 5, must represent the public at large, a new two-year term expiring April 30, 2003; Cheryl Bentley, succeeding Richard Schulke, term expired, Seat 6, must represent the public at large, a new two-year term expiring April 30, 2003. Enacted Number: 350-01 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 From the Clerk 010662 [692-696 De Haro Street Tentative Subdivision Map] Motion approving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize the proposed subdivision creating three lots in Assessor’s Block 4031, Lot 26, at 692-696 De Haro Street. (Clerk of the Board) Supervisor Leno, seconded by Supervisor Daly, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010663 [692-696 De Haro Street Tentative Subdivision Map] Motion disapproving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize the proposed subdivision creating three lots in Assessor’s Block 4031, Lot 26, at 692-696 De Haro Street. (Clerk of the Board) Enacted Number: M01-51 Supervisor Peskin, seconded by Supervisor McGoldrick, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Sandoval Noes: 3 - Hall, Newsom, Yee 010664 [Findings] Motion directing the Clerk of the Board to prepare findings relating to Tentative Subdivision Map to legalize the proposed subdivision creating three lots in Assessor’s Block 4031, Lot 26, at 692-696 De Haro Street, for consideration by the Board at its next meeting. Enacted Number: M01-52 APPROVED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Sandoval Noes: 3 - Hall, Newsom, Yee Recommendation of the Economic Vitality, Small Business and Social Policy Committee 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 $2,831,068 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, as amended by the Board. Enacted Number: 340-01 ADOPTED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, McGoldrick, Newsom, Peskin, Sandoval Noes: 2 - Maxwell, Yee Recommendations of the Finance Committee 010466 [Appropriation, funding for the increase of expenditures on the Indigent Defense Program] Ordinance appropriating $1,200,000 from the General Fund Reserve for the projected shortfall in the Indigent Defense Program at the Trial Court for fiscal year 2000-01; providing for ratification of action previously taken. (Controller) (Fiscal impact.) Enacted Number: 69-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Hall Appointment of President Pro Tempore At the request of the President, Supervisor Daly 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. 010454 [Health Service System] Supervisors Leno, Daly Ordinance amending Chapter 16, Article XV, of Part I of the San Francisco Municipal Code (Administrative Code) by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. (Fiscal impact.) (Pursuant to Charter Section A8.423, this matter requires nine votes for passage.) PASSED ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 2 - Hall, Yee NEW BUSINESS Recommendations of the Audit, Labor and Government Efficiency Committee 010556 [MOU Amendment No. 2 - Carpenters, Local 22] Supervisor Newsom Ordinance implementing Amendment No. 2 to the 1997-2001 Memorandum of Understanding between the Carpenters, Local 22 and the City and County of San Francisco by adding a new section to Article III.E. Additional Compensation which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. (Human Resources Department) Supervisor Newsom requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010557 [MOU Amendment No. 2 - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local 38] Supervisor Newsom Ordinance implementing Amendment No. 2 to the 1997-2001 Memorandum of Understanding between the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local No. 38 and the City and County of San Francisco by adding a new section to Article III.E. Additional Compensation which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. (Human Resources Department) Supervisor Newsom requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010558 [MOU Amendment No. 5 - Laborers International Union, Local 261] Supervisor Newsom Ordinance implementing Amendment No. 5 to the 1997-2001 Memorandum of Understanding between the Laborers International Union, Local 261 and the City and County of San Francisco by adding a new section to Article III.E. Additional Compensation which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. (Human Resources Department) Supervisor Newsom requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010559 [MOU Amendment No. 2 - International Union of Operating Engineers Stationary Engineers, Local 39] Supervisor Newsom Ordinance implementing Amendment No. 2 to the 1998-2001 Memorandum of Understanding between the International Union of Operating Engineers Stationary Engineers, Local 39 and the City and County of San Francisco by adding a new section to Article III.C. Special Pay Provisions which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. (Human Resources Department) Supervisor Newsom requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010560 [MOU Amendment No. 1 - Painters Union District Council #8, Local 4] Supervisor Newsom Ordinance implementing Amendment No. 1 to the 1997-2001 Memorandum of Understanding between the Painters Union District Council #8 for Local 4 and the City and County of San Francisco by adding a new section to Article III.E. Additional Compensation which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. (Human Resources Department) Supervisor Newsom requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010562 [MOU Amendment No. 4 - International Brotherhood of Electrical Workers, Local 6] Supervisor Newsom Ordinance implementing Amendment No. 4 to the 1997-2001 Memorandum of Understanding between the International Brotherhood of Electrical Workers, Local 6 and the City and County of San Francisco by adding a new section to Article III.E. Additional Compensation which provides for the pass-through of State of California funds to certain represented classes working at Skilled Nursing Facilities. (Human Resources Department) Supervisor Newsom requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010565 [MOU, Bricklayers, Local 3 and Hod Carriers, Local 36] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Bricklayers, Stone Masons, Terrazo Mechanics, Marble Masons, Pointers, Caulkers and Cleaners, Local 3 and Hod Carriers, Local 36 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010566 [MOU, Building Inspectors (Classes 6331 and 6333)] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Building Inspectors’ Association and the City and County of San Francisco (for Class 6331, Building Inspector and Class 6333, Senior Building Inspector) to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010567 [MOU, Building Inspector (Class 6334)] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Building Inspectors’ Association and the City and County of San Francisco (for Class 6334, Chief Building Inspector) to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010568 [MOU, Carpenters, Local 22] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Carpenters, Local 22 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010569 [MOU, Cement Masons, Local 580] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Cement Masons, Local 580 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010571 [MOU, Glaziers, Local 718] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Glaziers, Architectural Metal and Glass Workers, Local 718 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010572 [MOU, International Alliance of Theatrical Stage Employees, Local 16] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the International Alliance of Theatrical Stage Employees, Local 16 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010573 [MOU, Institutional Police Officers’ Association] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the San Francisco Institutional Police Officers’ Association and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010574 [MOU, Ironworkers, Local 377] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the International Association of Bridge, Structural Ornamental, Reinforced Iron Workers, Riggers and Machinery Movers, Local 377 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010575 [MOU, Laborers, International Union, Local 261] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Laborers International Union, Local 261 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010576 [MOU, Operating Engineers, Local 3] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010577 [MOU, Painters, Local 4] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Painters Union District Council #8 for Local 4 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010578 [MOU, Pile Drivers, Local 34] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Pile Drivers, Divers, Carpenters, Bridge, Wharf and Dock Builders, Local 34 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010579 [MOU, Plasterers’ and Shophands’, Local 66] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Plasterers’ and Shophands’, Local 66 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010580 [MOU, Plumbers, Local 38] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local #38and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010581 [MOU, Roofers, Local 40] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the United Union of Roofers, Waterproofers and Allied Workers, Local 40 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010582 [MOU, Sheet Metal Workers, Local 104] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Sheet Metal Workers International Union, Local 104 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010583 [MOU, Stationary Engineers, Local 39] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the International Union of Operating Engineers, Stationary Engineers, Local 39 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010584 [MOU, Supervising Probation Officers, Local 3] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between Operating Engineers, Local 3 Bargaining for Supervising Probation Officersand the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010585 [MOU, Teamsters, Local 350] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Sanitary Truck Drivers and Helpers, Teamsters, Local 350and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010586 [MOU, Teamsters, Local 853] Mayor, Supervisor Newsom Ordinance adopting and implementing the Memorandum of Understanding between the Teamsters, Local 853 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010587 [MOU, Unrepresented Employees] Mayor, Supervisor Newsom Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in classes not represented by an employee organization, and establishing Working Schedules and Conditions of Employment and Methods of Payment, effective July 1, 2001. (Fiscal impact.) Supervisor Newsom requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Recommendations of the Finance Committee 010550 [Appropriation, funding for a new facility for Extended Opportunity Program and Services] Supervisors Gonzalez, Newsom, Leno, Sandoval Ordinance appropriating $700,000 of interest earned from 1997A General Obligation Bond Issue for Education to fund the construction of a new facility for the Extended Opportunity Program and Services (EOPS) for the San Francisco Community College for fiscal year 2000-01. (Controller) (Fiscal impact.) Supervisors Leno, Sandoval requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 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. Supervisor Daly requested to be added as co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010551 [Appropriation, funding for modification, maintenance and repair at the Main Library] Supervisor Leno Ordinance appropriating $1,408,983 for modification, maintenance, and repair of the Main Library as recommended by the January 2000 Post Occupancy Evaluation (POE) Report for the Public Library for fiscal year 2000-01; placing $300,000 on reserve. (Controller) (Fiscal impact.) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 001391 [Enforcement of Sign Regulations] Supervisors Leno, Peskin, Gonzalez Ordinance amending the San Francisco Planning Code by amending Section 176 and adding Section 610 to substantially increase the penalties for violation of regulations governing general advertising signs; amending Article XIII of the San Francisco Administrative Code to add Section 10.100-166 to establish a Planning Code Enforcement Fund and authorize the administrative penalties and fees collected pursuant to Section 610 and penalties and fees recovered by the City Attorney in a sign abatement action to be used to fund sign regulation enforcement activities. From Planning Commission Resolution No. 16055 adopted 12/14/00, recommending adoption of proposed ordinance with deletion of reference to graffiti removal.Certificate of Determination of Exemption/Exclusion from Environmental Review dated 01/05/01. Supervisor Yee moved to refer this matter to the Small Business Commission. Motion lost for want of a second. Supervisor Daly, seconded by Supervisor Yee, moved the three matters relating to sign regulation be referred to Housing, Transportation and Land Use Committee for additional hearing and to allow the Small Business Commission the opportunity to consider the measures. Motion to refer to committee failed adoption by the following vote: Ayes: 4 - Daly, Gonzalez, Hall, Yee Noes: 7 - Ammiano, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Supervisor Yee, seconded by Supervisor Daly, moved refer the three matters (Files 001391, 002196, 002218) to the Small Business Commission and continue the items to May 29, 2001. Motion to refer to Small Business Commission and continue the items to May 29, 2001 failed adoption by the following vote: Ayes: 5 - Daly, Gonzalez, Hall, Maxwell, Yee Noes: 6 - Ammiano, Leno, McGoldrick, Newsom, Peskin, Sandoval The roll was then called on the pending ordinance. PASSED ON FIRST READING 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 Yee assumed the Chair for a brief period. The President resumed the Chair shortly thereafter. 002196 [Information on general advertising sign] Supervisors Leno, Peskin, Gonzalez Ordinance amending the San Francisco Planning Code by adding Section 604.1 to require general advertising signs to bear the name of the sign company, permit number and permitted sign dimensions, requiring existing signs to comply within twelve months with one six-month extension, providing for an identifying number in lieu of the permit number for a sign that existed in its current location on or before the Planning Department’s May/June 1966 general advertising sign inventory volumes, and establishing an additional penalty of $1,000 a day for providing knowingly false, inaccurate or misleading information on the sign. From Planning Commission Resolution No. 16112 adopted 3/15/01 recommending adoption of the proposed ordinance. Certificate of Determination of Exemption/Exclusion from Environmental Review dated 02/02/01. Supervisor Daly, seconded by Supervisor Yee, moved the three matters relating to sign regulation be referred to Housing, Transportation and Land Use Committee for additional hearing and to allow the Small Business Commission the opportunity to consider the measures. Motion to refer to committee failed adoption by the following vote: Ayes: 4 - Daly, Gonzalez, Hall, Yee Noes: 7 - Ammiano, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Supervisor Yee, seconded by Supervisor Daly, moved refer the three matters (Files 001391, 002196, 002218) to the Small Business Commission and continue the items to May 29, 2001. Motion to refer to Small Business Commission and continue the items to May 29, 2001 failed adoption by the following vote: Ayes: 5 - Daly, Gonzalez, Hall, Maxwell, Yee Noes: 6 - Ammiano, Leno, McGoldrick, Newsom, Peskin, Sandoval Supervisor Daly, seconded by Supervisor Yee, moved to amend the date to three years ago. Motion to amend the date to three years ago failed adoption by the following vote: Ayes: 3 - Daly,Hall, Yee Noes: 8 - Ammiano, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval The roll was then called on the pending ordinance. PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 002218 [South of Market General Advertising Sign Amendment] Supervisors Leno, Peskin, Gonzalez Ordinance amending the San Francisco Planning Code by amending Sections 607.2, 803.3 and 803.4 to clarify that general advertising signs are prohibited in the South of Market Zoning Districts, except in the South of Market General Advertising Special Sign District or where a permit was approved by the City prior to January 1, 2001. (Planning Department) Supervisor Daly, seconded by Supervisor Yee, moved the three matters relating to sign regulation be referred to Housing, Transportation and Land Use Committee for additional hearing and to allow the Small Business Commission the opportunity to consider the measures. Motion to refer to committee failed adoption by the following vote: Ayes: 4 - Daly, Gonzalez, Hall, Yee Noes: 7 - Ammiano, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Supervisor Yee, seconded by Supervisor Daly, moved refer the three matters (Files 001391, 002196, 002218) to the Small Business Commission and continue the items to May 29, 2001. Motion to refer to Small Business Commission and continue the items to May 29, 2001 failed adoption by the following vote: Ayes: 5 - Daly, Gonzalez, Hall, Maxwell, Yee Noes: 6 - Ammiano, Leno, McGoldrick, Newsom, Peskin, Sandoval The roll was then called on the pending ordinance. PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Daly 010620 [Interdepartmental Jurisdictional Transfer] Supervisors Peskin, Gonzalez, Daly, Leno, Newsom, Sandoval 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 a portion of 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. Supervisors Leno, Newsom, Sandoval 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 010515 [Fees for licenses or permits for inspections by the Department of Public Health effective July 1, 2001] Supervisor Gonzalez Ordinance amending the San Francisco Municipal Code Business and Tax Regulations Code by amending Sections 35, 120, 248 and 249.1, relating to fees for licenses or permits for inspections by the Department of Public Health. (Public Health Department) PASSED ON FIRST READING by the following vote: Ayes: 6 - Ammiano, Gonzalez, Leno, Maxwell, McGoldrick, Peskin Noes: 5 - Daly, Hall, Newsom, Sandoval, Yee 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; placing $429,626 on reserve. Supervisor Peskin moved to amend page three, line 9, after "development" by inserting "for business assistance services to Asian Pacific Islander community across the city that will address the cultural and linguistic diversity of the Asian Pacific Islander business community". Supervisor Peskin, seconded by Supervisor Daly, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee Deputy City Attorney noted that the legislation needed to be further amended on page three, line 10, by reducing the amount of "$160,370" to "$40,370" to reflect the add backs to the plan by Supervisors Ammiano, Daly, Hall, Maxwell, Newsom, Yee, Sandoval and Gonzalez, totaling $120,000.Title amended accordingly. Supervisor Peskin, seconded by Supervisor Daly, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee 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; placing $309,626 on reserve. ADOPTED AS AMENDED 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. 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; placing $30,000 on reserve. Enacted Number: 325-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee 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. Enacted Number: 326-01 ADOPTED by the following vote: Ayes: 8 - Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval Absent: 3 - Ammiano, McGoldrick, Yee Recommendation of the Rules Committee 002065 [Asthma Task Force] Supervisors Maxwell, Leno, Newsom Ordinance amending Chapter 19A of the San Francisco Administrative Code by adding Article II to establish an Asthma Task Force. Supervisors Leno, Newsom requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee Recess The Board, at the hour of4:44 p.m. , took a brief recess. Reconvening of the Board The Board, at the hour of 4:47 p.m., reconvened. Calling the Roll On call of the roll, the following persons were noted present: Supervisors Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval - 9. Noted absent: Supervisors Peskin, Yee - 2. Quorum present. Supervisor Peskin was noted present at 4:49 p.m. PUBLIC COMMENT Michael Petrelis, inappropriate use of city funds for AIDS and HIV outreach and prevention education; Diedra Epps-Miller, asthma task force, outreach, website, education; Frederick Hobson, substance abuse, need for more treatment services and beds; Lorna Garr, child care worker funding; Male speaker, transgender rights; Edmund Edmunds, shelter system needs diversity, need youth, adult, correctional facility; John Lasken, opposes Golden Gate Park act of 1988, proposed garage facility; Robert Pender, Park Merced rent board hearings, sale of housing property to state university. CLOSED SESSION Conference with the City’s Labor Negotiators - Collective Bargaining City’s Negotiators: Mayor and Human Resources Director Anticipated Issues Under Negotiation 010768 [Labor Negotiations] Motion that the Board of Supervisors convene in closed session with the City’s Labor Relations Negotiators, the Mayor and the Director of Human Relations, for the purpose of reviewing the City’s positions in pending labor negotiations with organizations representing the City employee groups. This closed session would be permitted by Government Code Section 54957.6, and San Francisco Administrative Code Section 67.8. (City Attorney) (Organizations Representing: Electrical Workers, Local 6; Automotive Machinists, Local 1414; Professional & Technical Engineers, Local 21; Municipal Attorneys’ Association; Union of American Physicians & Dentists Teamsters, Local 856; TWU, Local 250-A; Municipal Executives Association; Deputy Sheriffs’ Association; District Attorney Investigators Association; Probation Officers Association; TWU, Local 200; TWU, Local 250-A, 7410s) Supervisor Leno, seconded by Supervisor McGoldrick, moved to amend the closed session matter to add the fire and police organizations, requested by Supervisor Ammiano. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee Supervisor Ammiano requested this matter be continued to May 7, 2001. President Ammiano, seconded by Supervisor Leno, moved that this Litigation be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee 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. 010741 [Commendation] Supervisors Ammiano, Newsom Resolution in special recognition of The California Transcribers and Educators of the Visually Handicapped. Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 351-01 ADOPTED 010742 [Commendation] Supervisors Hall, Newsom Resolution commending the Lowell Sports Foundation for striving to fulfill its mission of identifying outside funding sources and opportunities in order to build a substantial endowment in support of after school athletic programs at Lowell High School. Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 352-01 ADOPTED 010743 [Commendation] Supervisors Leno, Sandoval Resolution urging the Mayor, city departments and citizens of San Francisco to recognize the numerous positive contributions youth make to our city, state and nation. Supervisor Sandoval requested to be added as co-sponsor. Enacted Number: 358-01 ADOPTED 010744 [Commendation] Supervisor Leno Resolution commending the sponsors and honorees of the 11th Annual San Francisco Bay Area Mural Awareness Month. Enacted Number: 353-01 ADOPTED 010746 [Commendation] Supervisors Peskin, Newsom Resolution commending the Coevolution Institute for its promising concept of a Butterfly Discovery Park and its continued efforts to locate this venue in San Francisco. Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 354-01 ADOPTED 010747 [Commendation] Supervisor Daly Resolution commending Oscar Olivera and La Coordinadora for their successful efforts to combat water privatization in Bolivia. Enacted Number: 355-01 ADOPTED 010766 [Appointment - Transbay Terminal Joint Powers Authority] Supervisor Ammiano Resolution appointing Supervisor Sophie Maxwell to the Transbay Terminal Joint Exercise of Powers Agency. Supervisor Sophie Maxwell, initial appointment, Seat No. 2, must be a member of the Board of Supervisors appointed by the Board of Supervisors. Enacted Number: 356-01 ADOPTED 010773 [Appointment - Transbay Joint Powers Authority] Supervisor Ammiano Resolution confirming the appointment of Michael T. Burns to the Transbay Joint Powers Authority as the representative of the Municipal Transportation Agency Board of Directors, effective April 17, 2001. Enacted Number: 357-01 ADOPTED 010757 [Final Map for a 103 Unit Residential Condominium Project] Motion approving Final Map of The Brannan - Tower "B" (229 Brannan Street), a Residential Condominium Project, being a subdivision of Lot 516, Assessor’s Block No. 3789, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 172,913.) Enacted Number: M01-53 APPROVED 010758 [Final Map for a 19 Unit Live/Work Condominium Project] Motion approving Final Map of 360 6th Street, a Live/Work Condominium Project, being a subdivision of Lot 8, Assessor’s Block No. 3754, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 172,921.) Enacted Number: M01-54 APPROVED 010765 [Purchase of Power from Calpine Energy Services] Supervisor Ammiano Motion scheduling a Committee of the Whole to consider a resolution approving a contract for the purchase of power from Calpine Energy Services, to be held on May 7, 2001 at 3:00 p.m. Enacted Number: M01-55 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 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 McGoldrick requested this matter be referred to committee. REFERRED to the Rules Committee. 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 referred to committee. REFERRED to the Rules Committee. 010740 [Outside Counsel, Department of Elections] Supervisor Gonzalez Resolution urging the San Francisco City Attorney to acknowledge a possible conflict of interest in her position as legal counsel for the Department of Elections and as a candidate for re-election, and to appoint outside counsel for the purpose of advising the Department of Elections on all matters related to the upcoming November 6, 2001 election. Supervisor Hall requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Gonzalez requested this matter be tabled. Supervisor Gonzalez, seconded by Supervisor Hall, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee 010745 [Extension of Planning Commission Review Period] 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 to adopt an inclusionary affordable housing program. 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 referred to committee. REFERRED to the Housing, Transportation and Land Use Committee. 010767 [Special Off Site Meetings of the Finance Committee on 5/19/01 and 5/22/01] 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) (Saturday, May 19, 2001, 10:00 a.m., Richmond Recreation Center, 251 18th Avenue; Tuesday, May 22, 2001, 6:30 p.m., Sunset Recreation Center, 2001 Lawton Street.) The Clerk of the Board requested this matter be severed so it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. The Clerk of the Board requested this matter be amended on line 13 to replace "2001" with "2201" Lawton Street. Supervisor Leno, seconded by Supervisor Maxwell, 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 010269 [Nuisance Code Revision] Supervisors Newsom, Leno, Sandoval, Peskin, Daly, Maxwell, Ammiano Ordinance amending Sections 37, 92, 283, 585, 596, 598, 599, 600, 605, 607, 608, and 1604; adding Sections 580, 581, 582, 614, 615, and 616; and deleting Sections 93 to 97.6, inclusive and 606 of the San Francisco Health Code consolidating various provisions that set forth conditions that constitute a public nuisance and to declare the presence of mold and mildew and lead hazards as public nuisances; clarifying the requirements regarding the maintenance of small animals, poultry and game birds in residential districts; authorizing the Department of Public Health to recover administrative costs incurred in pursuing an abatement action as authorized by Government Code Section 25845; and establishing an administrative enforcement process for the abatement of nuisances; and increasing the minimum criminal penalties from $25 to $100 and the maximum criminal penalties from $250 to $1000 for non-compliance with a Director’s Order. 2/12/01, ASSIGNED UNDER 30 DAY RULE to Public Health and Environment Committee, expires on 3/14/2001. 4/30/01, SUBSTITUTED. Supervisor Newsom submitted a substitute ordinance bearing new title. 4/30/01, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 5/2/01 from President Ammiano, waiving the 30 day rule. 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 or abutting 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 and not abutting a residential zoning district 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 that require conditional use authorization to convert existing live/work units to loft housing, 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. 4/30/01, ASSIGNED UNDER 30 DAY RULE to Housing, Transportation and Land Use Committee, expires on 5/30/2001. 4/30/01, SUBSTITUTED. Supervisor Hall submitted a substitute ordinance bearing new title. 05/04/01 - Substitute ordinance transmitted to Planning Commission for public hearing and recommendation. 010778 [Campaign and Governmental Conduct Code, Mass Mailings] Supervisor Leno Ordinance amending Article I, Chapter 1 of the San Francisco Campaign and Governmental Conduct Code by amending Section 1.104 and adding Section 1.161 to require candidates who pay for mass mailings to identify themselves on the mailings with a "paid for by" designation, and file a copy of the mass mailing along with an itemized disclosure statement with the San Francisco Ethics Commission. 4/30/01, ASSIGNED UNDER 30 DAY RULE to Economic Vitality, Small Business and Social Policy Committee. Refer to Ethics Commission and Small Business Commission. 010779 [Campaign and Governmental Conduct Code, Recorded Political Telephone Messages] Supervisor Peskin Ordinance amending Article I, Chapter 1 of the San Francisco Campaign and Governmental Conduct Code by amending Section 1.104 and adding Section 1.163 to require persons funding recorded telephone calls that support or oppose candidates for City elective office to identify themselves as the source of funding. 4/30/01, ASSIGNED UNDER 30 DAY RULE to Economic Vitality, Small Business and Social Policy Committee. Refer to Ethics Commission and Small Business Commission. 010780 [Conditional Use for Dwelling Unit Mergers] Supervisor Gonzalez Ordinance amending Planning Code by adding Section 303(h) to require conditional use approval for the merger of dwelling units; adopting findings pursuant to Section 101.1. (Certificate of Determination of Exemption/Exclusion from Environmental Review dated 2/28/01; Planning Commission Resolution No. 16163 recommending disapproval.) 4/30/01, ASSIGNED UNDER 30 DAY RULE to Housing, Transportation and Land Use Committee, expires on 5/30/2001. 05/04/01 - Substitute ordinance transmitted to Planning Commission for public hearing and recommendation. 010781 [Appropriation, Energy Costs] Mayor Ordinance appropriating $4,032,000 of the General Fund Reserve to fund the energy costs incurred by Light, Heat and Power for General Fund supported departments for fiscal year 2000-01. (Fiscal Impact.) 4/30/01, RECEIVED AND ASSIGNED to Finance Committee. Resolutions 010739 [Long Term Power Purchase] Mayor Resolution approving a contract for the purchase of power from Calpine Energy Services for a period not to exceed five years beginning July 1, 2001. (Fiscal impact.) 4/23/01, RECEIVED AND ASSIGNED to Finance Committee. 4/30/01, SUBSTITUTED. Mayor Brown submitted a substitute resolution bearing new title. 4/30/01, ASSIGNED to Board of Supervisors. Pursuant toFile 010765, Board to sit as a Committee of the Whole onMay 7, 2001 at 3:00 p.m. 010782 [Potrero Power Plant Citizen Advisory Task Force] Supervisor Maxwell Resolution to modify the Potrero Power Plant Citizen Advisory Task Force membership by removing City officials as voting members thereby reducing the size of the task force to eight (8) neighborhood residents and preserving the City officials in an advisory role to the Task Force. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010783 [Graffiti stenciled on sidewalks] Supervisors Newsom, Peskin, Leno, Maxwell, McGoldrick, Daly, Hall Resolution urging the City Attorney and the District Attorney to explore felony charges against International Business Machines or its representatives for stenciling San Francisco sidewalks with permanent paint; and urging the Department of Public Works to track all costs associated with the cleanup of the sidewalk graffiti. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010784 [Warden Johnston historic vessel] Supervisors Newsom, Peskin Resolution urging the City and County of San Francisco to endorse and promote the return of the historic vessel known as the Warden Johnston Alcatraz Prison Launch to Alcatraz Island and San Francisco. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010785 [Sierra Nevada Forest Plan Amendment Record of Decision] Supervisors Newsom, Leno, Peskin, McGoldrick Resolution supporting the Sierra Nevada Forest Plan Amendment Record of Decision and the U.S. Forest Service in its efforts to protect communities, natural resources and the economies of the Sierra Nevada. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010786 [Piers 27-31] Supervisors Peskin, McGoldrick Resolution expressing the Board of Supervisors grave concern regarding the process in which proposals were evaluated and selected by the San Francisco Port Commission for development of Piers 27-31 and condemning the use of misleading, campaign-style tactics in selection processes at the Port and other local public bodies. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010787 [Howard Street Bike Lane] Supervisor Daly Resolution establishing a striped bicycle lane on Howard Street; authorizing the Department of Parking and Traffic to convert the part-time tow-away zone to full-time parking. 4/30/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 010788 [Public Hearing Approval, Public Policy Institute of California] Supervisor Peskin Resolution authorizing the issuance and sale of revenue bonds by ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $40,000,000 for Public Policy Institute of California, or an affiliate. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010789 [Senate Bill 244, SFO airport runway expansion] Supervisors Daly, Peskin, Newsom, Hall Resolution supporting Senate Bill 244 (SB244), sponsored by State Senator Jackie Speier, to provide San Mateo County input into SFO airport runway expansion. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010790 [AB 936, loan repayment assistance to attorneys, AB 935 debt relief to primary care medical providers] Supervisors Gonzalez, Leno Resolution urging the California State Assembly to pass AB 936, a bill that would provide loan repayment assistance to attorneys working in public interest law, and to amend AB 935 to extend debt relief to primary care medical providers who serve poor communities. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010791 [AB 303 grant to Daly City to construct a tertiary water plant] Supervisors Hall, Newsom Resolution urging the City of Daly City to complete the 100% design of its tertiary treatment plan and move forward with its plans to seek an AB 303 Groundwater Management Grant, which will allow Daly City to move forward with its plans to construct a tertiary water plant. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010792 [Public Hearing Approval, Brandeis Hillel Day School] Supervisors Hall, Newsom Resolution authorizing the issuance and sale of revenue bonds by ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $10,000,000 for Brandeis Hillel Day School, or an affiliate. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010793 [Commendation] Supervisors Maxwell, Peskin, Newsom, Daly Resolution commending the Potrero Hill Boosters Neighborhood Association for its commitment to improve and enhance its neighborhood and for its continuing efforts to strengthen their neighborhood voice in San Francisco. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010794 [Commendation] Supervisor Newsom Resolution commending the Laurel Hill Nursery School for the success of its first ever Capital Campaign, known as "Building the Future", which began in 1997, for renovations needed in order to meet current safety standards and comply with the Americans with Disabilities Act. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010795 [Commendation] Supervisors Sandoval, Newsom Resolution commending Anthony Sacco, on the occasion of his 75th birthday, for decades of work for San Francisco and his dedication as a community leader. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010796 [Commendation] Supervisors Sandoval, Leno, Ammiano, Peskin, Newsom, Hall Resolution commending the Latino Honor Roll Students for their academic excellence in the school year 2000-2001 and for participating in the Fifth Annual Latino Honor Roll Celebration, a march and ceremony, on April 30, 2001. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010797 [Commendation] Supervisors Sandoval, Daly Resolution commending the Healthcare Action Team for performing a street theater and rally to demonstrate the needs of low-income seniors and the In-Home Supportive Services Share-of-Cost Pilot Project. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010798 [Commendation] Supervisors Yee, Ammiano, Peskin, Newsom, Daly Resolution commending Millie Valdes on the occasion of her retirement from the Mayor’s Office of Neighborhood Services after 26 years of service to the City and County of San Francisco. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 010799 [Commendation] Supervisor Yee Resolution commending John Richard Lee on the event of his retirement from the Office of the Treasurer and Tax Collector after 29 years of service to the City and County of San Francisco. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 010800 [Planning Department Budget] Supervisor McGoldrick Hearing on the proposed budget of the Planning Department, with particular attention to the plans and programs of the department and how the budget proposals meet the mission of the department. 4/30/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 010801 [Transit Impact Development Fee] Supervisor McGoldrick Hearing on the status of the Transit Impact Development Fee and how those fees may be adjusted to more effectively mitigate the impacts of development on the City’s transit system. 4/30/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 010802 [Childcare Development Fee] Supervisor McGoldrick Hearing on the status of the Childcare Development Fee and how those fees may be adjusted to more effectively mitigate the impacts of development on the need to provide child care in the City. 4/30/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 010803 [Grand Jury Process] Supervisor Newsom Hearing to discuss the Grand Jury process in order to determine how the Board of Supervisors should respond to Grand Jury reports. 4/30/01, RECEIVED AND ASSIGNED to Rules Committee. 010804 [Request for Proposal Process] Supervisor Newsom Hearing to discuss all aspects of the Request for Proposal (RFP) process to include, but not limited to:(1) Response Times; (2) Cycle Times; (3) Threshold for Contracts; (4) Outreach to small contractors, professional services firms, etc.; (5) RFP Forms; (6) Technical Assistance. 4/30/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 010805 [Task Force for Median Strips] Supervisor Newsom Hearing to consider the creation of a Task Force to investigate the capital planning, revitalization and maintenance efforts of median strips Citywide.This Task Force should include, but not limited to the following stakeholders:(1) Recreation and Parks Department; (2) Department of Public Works; (3) CalTrans; (4) Other community stakeholders. 4/30/01, RECEIVED AND ASSIGNED to Rules Committee. 010806 [Paratransit Services] Supervisor Newsom Hearing to discuss the need to fully support Paratransit services, generally, and in particular, access to adult day services. 4/30/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 010807 [Garbage Rate Increases Proposal] Supervisor Yee Hearing regarding the 2001 garbage rate increase proposal and the rate application from Sanitary Fill Company, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company and the changes in service; such as, the Fantastic Three recycling proposal. 4/30/01, RECEIVED AND ASSIGNED to Rules Committee. 010808 [Quality of Life, District 5] Supervisor Gonzalez Hearing to discuss the neighborhood concerns in District 5. 4/30/01, RECEIVED AND ASSIGNED to Finance Committee. Scheduled for consideration on May 8, 2001. Motions 010809 [Rules of Order Amendment, Business Tax Restructuring Committee] Motion amending the Rules of Order of the Board of Supervisors of the City and County of San Francisco, by adding Section 5.9.5, thereby creating a new Business Tax Restructuring Committee of the Board. 4/30/01, RECEIVED AND ASSIGNED to Rules Committee. 010810 [Needle ExchangeEmergency] 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. 4/30/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 010762 [Selection of Police Inspectors] Ordinance amending Section 2A.78 of the San Francisco Administrative Code to conform with post Consent Decree requirements regarding the administration of examination for the rank of Assistant Inspector. (Police Department) 4/25/01, RECEIVED AND ASSIGNED to Rules Committee. 010763 [Appropriation, Infrastructure Projects in Golden Gate Park] Supervisors Newsom, Sandoval Ordinance appropriating $16,998,742 of the Golden Gate Park Bond Proceeds to fund the construction and renovation activities associated with the MLK Utilities Project, North and South Lake project and the Golden Gate Park East Entrance for the Department of Recreation and Park for fiscal year 2000-01. (Controller) (Fiscal impact.) 4/25/01, RECEIVED AND ASSIGNED to Finance Committee. Supervisor Newsom requested to be added as sponsor. PROPOSED RESOLUTIONS 010734 [Sale of surplus property under the jurisdiction of PUC to San Mateo County] Resolution authorizing and approving the agreement of sale of a permanent non-exclusive easement of City-owned property located in an unincorporated area of San Mateo County being a portion of Lot 9, Assessor’s Block 23, located near Esther Lane and Hillcrest Drive, near Redwood City, in the Oak Knoll Manor District to the County of San Mateo. (Real Estate Department) 4/19/01, RECEIVED AND ASSIGNED to Finance Committee. 010764 [Lease of Property] Resolution authorizing the lease of real property at 3120 Mission Street for the Department of Human Services. (Real Estate Department) (Fiscal impact; District 9) 4/25/01, RECEIVED AND ASSIGNED to Finance Committee. Requests Granted From: Supervisor Leno To: Director, Department of Public Works Requesting/Inquiring: To investigate and report why a large number of illegal signs have been posted in Noe Valley and the Castro areas with an advertisement for "Got Junk" Trash Service, and why have these signs not been removed? From: Supervisor Leno To: City Attorney Requesting/Inquiring: To draft a Charter amendment that would alter all references to election run-offs (all local offices) to say that the mechanism for implementing a run-off would be left to the Board of Supervisors to decide by Ordinance, in accordance with available technology for voting used by the Department of Elections. From: Supervisor Maxwell To: City Attorney Requesting/Inquiring: To draft legislation whereby all leases or agreements between city departments and utility companies must be approved by the Board of Supervisors. Due: May 21, 2001 From: Supervisor Maxwell To: Director, Airport Requesting/Inquiring: To investigate and report on a proposal by El Paso Merchant Exchange to construct a power plant on land leased to United Airlines at the airport. In particular, please provide: 1. A copy of the airport’s lease with United Airlines; 2. Any amendments or proposed changes to the lease with United Airlines; 3. A copy of agreement or leases with El Paso Merchant Exchange; 4. A copy of any Airport Commission actions relevant to the creation of power plants at the airport. Due: May 21, 2001 From: Supervisor Newsom To: Director, Department of Public Works Requesting/Inquiring: Requesting copy of schedule to begin weeding for all median strips along the following corridors: 1. Sloat Boulevard between 31st Avenue and 25th Avenue; 2. 19th Avenue between Sloat Boulevard, Ocean Avenue and Eucalyptus Street. From: Supervisor Newsom To: City In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Esther Webb (Supervisor Hall) Laticia Ramirez (Full Board) Irma Fritsch (Supervisor Leno) Dorothy Merson (Supervisor Peskin) ADJOURNMENT There being no further business, the Board at the hour of 6:13 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 June 4, 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