Board of Supervisors Minutes: July 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, July 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 meeting was called to order at 2:00 p.m. On call of the roll, the following Supervisors were noted absent: Supervisors Maxwell, McGoldrick, Yee - 3. Quorum present. Supervisors McGoldrick and Maxwell were noted present at 2:01 p.m. Supervisor Yee was noted present at 2:02 p.m. 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. There were none. COMMUNICATIONS CONSENT AGENDA Items 1 through 5 Recommendation of the Audit, Labor and Government Efficiency Committee 011135 [Settlement Of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Renee Craig against the City and County of San Francisco for $67,500.00; the lawsuit was filed on October 10, 2000 in San Francisco Superior Court, Case No. 315711; entitled Renee Craig v. City and County of San Francisco, et al. (City Attorney) Enacted Number: 164-01 FINALLY PASSED Recommendations of the Economic Vitality, Small Business and Social Policy Committee 011086 [Private grant for the Kinship Support Network] Supervisors Newsom, Sandoval Resolution authorizing the Department of Human Services to accept retroactively and expend a grant in the amount of $20,000 from the Ford Foundation, Innovations in American Government 2000 Award Program for the implementation of the San Francisco Kinship Support Network. (Human Services Department) Enacted Number: 570-01 ADOPTED 011088 [State grant for the Community Resource Computer Learning Center] Supervisors Leno, Newsom, Sandoval Resolution authorizing the Department of Human Services to accept and expend a grant in the amount of $700,000 from the State of California, Governor's Office of Emergency Services for the implementation of the Community Resource Computer Learning Center. (Human Services Department) Enacted Number: 572-01 ADOPTED 011091 [Private grant funds for the S.F. Club Siblings Camp] Supervisors Newsom, Sandoval Resolution authorizing the Department of Human Services to accept retroactively and expend a grant in the amount of $20,000 from the Zellerbach Family Fund for the implementation of the San Francisco Club Siblings Camp. (Human Services Department) Enacted Number: 574-01 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Severed from Consent Agenda 011087 [Private grant for the S.F. Children's Faith Initiative] Resolution authorizing the Department of Human Services to accept retroactively and expend a grant in the amount of $300,000 from the Stuart Foundation for the implementation of the San Francisco Children's Faith Initiative. (Human Services Department) Supervisor Peskin requested this matter be severed so that it could be considered separately. Enacted Number: 571-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS 010891 [Tenant Home Ownership; Condominium Type Ownership Structures] Supervisors McGoldrick, Daly Ordinance amending the San Francisco Subdivision Code by amending Sections 1302, 1308, 1359, 1388, 1396, and 1396.1 and by adding Section 1316, to provide tenant home ownership and to regulate the formation of certain condominium-type ownership structures where an exclusive right of occupancy exists but is not specified in the deed, to amend the annual condominium conversion requirements pertaining to tenants and owner occupants, to amend the definition of tenant, to exempt certain tenancies-in-common from the annual limit on condominium conversions, to create a special lottery process for purchasing tenants, to create an exemption from the lottery for two unit buildings where at least one unit has been owner occupied for one year prior to application for conversion, to create a pool of 200 conversions with restrictions on resale price in the condominium lottery specifically for purchasing tenants of median income or less, to increase the conversion limit to 200 units and 200 units with restrictions on resale price and to make these limits permanent, and to add and amend other definitions to implement these measures. Note: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days of the date of the veto. The Mayor vetoed the Ordinance on June 29, 2001. Therefore, the Board will loose the ability to override veto unless it votes on the veto overide on or before July 29, 2001. Enacted Number: 161-01 ADOPTED OVER THE MAYOR'S VETO by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Sandoval Noes: 3 - Hall, Newsom, Yee Appointment of President Pro Tempore At the request of the President, Supervisor Peskin assumed the Chair for a brief period. The President resumed the Chair shortly thereafter. From the Clerk (Only one of the following two motions should be adopted.) 010978 [Appeal, Conditional Use, 501-503 Laguna Street] Motion approving decision of the Planning Commission by its Motion No. 16145, approving Conditional Use Application No. 2001.072C, on property located at 501-503 Laguna Street, northwest corner at Fell Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Enacted Number: M01-85 APPROVED by the following vote: Ayes: 9 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 2 - Daly, Yee 010979 [Appeal, Conditional Use, 501-503 Laguna Street] Motion disapproving decision of the Planning Commission by its Motion No. 16145, approving Conditional Use Application No. 2001.072C, on property located at 501-503 Laguna Street, northwest corner at Fell Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) TABLED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010980 [Findings - 501-503 Laguna Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2001.072C, on property located at 501-503 Laguna Street, northwest corner at Fell Street, for action by the Board at its next meeting. (Clerk of the Board) Enacted Number: M01-87 APPROVED by the following vote: Ayes: 9 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 2 - Daly, Yee Recommendation of the Audit, Labor and Government Efficiency Committee 010224 [Automatic Sprinklers in Residential Hotels] Supervisors Newsom, Daly, Leno, Maxwell Ordinance amending the San Francisco Fire Code by adding Section 900.1.3 and the San Francisco Housing Code by amending Section 904, to require the installation of automatic sprinkler systems in residential hotels, as defined in the ordinance, and providing findings as to local conditions pursuant to the California Health and Safety Code. Enacted Number: 165-01 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Public Health and Environment Committee 010142 [Charity Care Policy Reporting and Notice Requirement] Supervisors Maxwell, Ammiano, Leno, Daly, Peskin Ordinance amending the San Francisco Health Code by adding Sections 129-137 to authorize the Department of Public Health to require hospitals to report on policies and amount of charity care provided and requiring patient notification of policies on charity care. Enacted Number: 163-01 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Rules Committee 010856 [Charter Amendment - Elective Officials] Supervisors Gonzalez, Leno Charter amendment (First Draft) to repeal the current Section 13.102 and add a new Section 13.102 to provide for the election of the Mayor, Sheriff, District Attorney, City Attorney, Treasurer, Assessor-Recorder, Public Defender, and members of the Board of Supervisors using a ranked-choice, or "instant run-off" ballot, to require that City voting systems be compatible with a ranked-choice system, and setting date and conditions for the implementation. This item will be presented to the voters during the March 2002 elections. ORDERED SUBMITTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee From Rules Committee "Without Recommendation" 011026 [SB 307, California Japantown Preservation Pilot Project] Supervisors Gonzalez, Peskin Resolution urging the Governor and State Legislature to support SB 307 which would create, until July 1, 2004, the California Japantown Preservation Pilot Project, which would require the State Librarian to provide a one-time grant to the City of Los Angeles, the City of San Jose, and the City and County of San Francisco, for the purposes of aiding in the preparation, adoption, or implementation of specific plans that promote the preservation of existing Japantown neighborhoods in those jurisdictions. Enacted Number: 567-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee NEW BUSINESS Recommendations of the Economic Vitality, Small Business and Social Policy Committee 011061 [Federal grant for District Attorney's Community Prosecution Program - Operation Second Chance] Supervisors Newsom, Sandoval, Leno, Maxwell Resolution authorizing retroactively the District Attorney of the City and County of San Francisco to accept and expend funds in the amount of $179,250 made available through the United States Department of Justice, Bureau of Justice Assistance, for the implementation of a community prosecution project entitled "Operation Second Chance", and waiving indirect costs due to funding constraints. (District Attorney) Enacted Number: 568-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011085 [Federal grant for the San Francisco Collaboration to Address Domestic Violence and Child Maltreatment] Supervisors Leno, Newsom, Sandoval, Maxwell Resolution authorizing the Department of Human Services to accept and expend a grant in the amount of $1,048,140 from the U.S. Department of Health and Human Services, Administration on Children, Youth and Families for the implementation of the San Francisco Collaboration to Address Domestic Violence and Child Maltreatment. (Human Services Department) Enacted Number: 569-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011089 [Private Grant for the S.F. Family-to-Family Initiative] Supervisors Leno, Newsom, Sandoval, Maxwell Resolution authorizing the Department of Human Services to accept retroactively and expend a grant in the amount of $500,000 from the Anne E. Casey Foundation for the implementation of the San Francisco Family-to-Family Initiative. (Human Services Department) Enacted Number: 573-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Housing, Transportation and Land Use Committee 010360 [Zoning Map Amendment - Arco Way] Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco, Section Map 11, to change the use district designation of Assessor's Block 3154, Lots 24, 25, 26, 27, 28, 32, 37, 38, 39, and 51 on Arco Way from P (Public District) to RH-1 (Residential, House, One-Family District) and adopting findings pursuant to Planning Code Section 101.1. (Planning Department) (Planning Commission Resolution No. 16058 adopted December 14, 2000 recommending adoption of the amendment (Case No. 200.052RZ) as presented in the proposed ordinance; Planning Commission Motion No. 16057 affirming the decision to issue a Negative Declaration, as prepared by the Planning Department and amended on December 14, 2000; Negative Declaration adopted and issued December 14, 2000.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011101 [Landmark Designation, 261-271 Columbus Avenue] Supervisors Peskin, Leno, Newsom, Gonzalez, Ammiano, Sandoval, Maxwell Ordinance amending Appendix A of Planning Code Article 10 to designate 261-271 Columbus Avenue, City Lights Bookstore, as Landmark No. 228. 7/9/01 - Supervisor Peskin moved an amendment of the whole bearing same title. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Supervisor Peskin, seconded by Supervisor McGoldrick, moved that this Ordinance be PASSED ON FIRST READING AS AMENDED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010937 [Occupancy of the south side of Howard Street during construction operations at 405 Howard Street] Resolution granting revocable permission to Webcor Builders to temporarily close and occupy a portion of the sidewalk and parking lane on the southerly side of Howard Street, between 1st and Fremont Streets, during construction operations at 405 Howard Street (Assessor's Block 3737, Lot 1). (Public Works Department) Enacted Number: 565-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011010 [Occupation of California Street & Montgomery Street during the renovation of the Omni Hotel at 500 California Street] Resolution granting revocable permission to Webcor Builders for a one (1) year extension to temporarily close and occupy a portion of the sidewalk and parking lane on the north side of California Street, west side of Montgomery Street and the northwest corner of the California - Montgomery Street intersection during the renovation of the Omni Hotel at 500 California Street (Block 240, Lot 003). (Public Works Department) Enacted Number: 566-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Rules Committee 010844 [Storage Container Removal and Storage] Supervisors Ammiano, Gonzalez Ordinance amending the San Francisco Public Works Code by adding Sections 1407-1415 to create procedures for the removal of personal property and storage containers from public and private property and for the storage of property and encouraging City departments to create additional free storage facilities. (Supervisor Hall dissenting in committee.) President Ammiano moved to rerefer to the Rules Committee. RE-REFERRED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011165 [Citizens Advisory Committee on Elections] Supervisors Hall, Gonzalez, Sandoval, Newsom, Daly Ordinance reconstituting the Citizens Advisory Committee on Elections by changing procedures and requirements for appointment of its members and prohibiting certain office-holding and campaign and lobbying activities by its members. Supervisor Hall moved to continue to July 16, 2001. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010888 [Pedestrian Safety and Street Resurfacing] Supervisors Ammiano, Peskin, Sandoval, Hall, Gonzalez, Maxwell Resolution establishing a Pedestrian Safety and Street Resurfacing Working Group to review existing and projected capital needs related to the backlog of pedestrian safety, disability access, bicycle safety, street resurfacing and school area safety projects; establishing the membership, staffing and scope of work for the Working Group; and establishing August 1, 2001 as the date the Working Group will provide its recommendations to the Board of Supervisors and the San Francisco County Transportation Authority regarding existing and potential funding sources, including a potential General Obligation bond issue, that are most appropriate to meet these capital needs. Enacted Number: 564-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 010809 [Rules of Order Amendment, Business Tax Restructuring Committee] Supervisor Ammiano 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. 7/9/01 - Supervisor Ammiano presented an amendment of the whole bearing new title. Supervisor McGoldrick, seconded by Supervisor Leno, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Motion amending the Rules of Order of the Board of Supervisors of the City and County of San Francisco, by adding Rule 5.9.5, to create a new Business Tax Restructuring Committee of the Board and by amending Rule 5.10 to provide that the Business Tax Restructuring Committee shall be a fiscal committee. 7/9/01 - Supervisor Leno moved to amend on line 6 after "committee" add "for the sole purpose of the consideration of business tax issues." On line 17 delete "and the Business Tax Restructuring Committee"; on line 18 after "Board" insert "the Business Tax Restructuring Committee shall be a "fiscal committee" for the sole purpose of the consideration of business tax issues". AMENDED. Motion amending the Rules of Order of the Board of Supervisors of the City and County of San Francisco, by adding Rule 5.9.5, to create a new Business Tax Restructuring Committee of the Board and by amending Rule 5.10 to provide that the Business Tax Restructuring Committee shall be a fiscal committee for the sole purpose of the consideration of business tax issues. APPROVED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee CALLED FROM RULES COMMITTEE by Supervisor Newsom 010597 [Power and Water Authority] Supervisors Newsom, Hall Charter amendment (Fifth Draft) to repeal Sections 4.112, 16.103 and A8.508, amend Sections 9.107, 3.101 and A8.500, and add new Sections 4.134, 4.135, 4.136, 4.137, 4.138 and 4.139 to: eliminate the Public Utilities Commission; form a Power and Water Authority which shall succeed to all powers and responsibilities of the Public Utilities Commission and, in addition, be responsible for the generation, sale and transmission of electricity, steam and other energy and be responsible for proposing ordinances setting energy and water efficiency goals and standards that may become effective without action by the Board of Supervisors; and remove authority for the transfer of excess surplus utility funds to the City's General Fund. (Fiscal impact.) 7/9/01 - Supervisor Newsom presented an amendment of the whole bearing new title. Supervisor Newsom, seconded by Supervisor Hall, moved that this Charter Amendment be AMENDED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Charter amendment (Sixth Draft) to repeal Sections 4.112, and A8.508, amending Sections 3.101, 9,107, 16.103 and A8.500, and adding new Sections 4.140, 4.141, 4.143, 4.144, 4.145 and 4.146 and 4.147 to: (1) eliminate the Public Utilities Commission; (2) form a Power and Water Authority which shall succeed to all powers and responsibilities of the Public Utilities Commission and, in addition, be responsible for (a) the generation, sale and transmission of electricity, steam and other energy and (b) proposing ordinances setting energy and water efficiency goals and standards that may become effective without action by the Board of Supervisors; (3) modify authority for the transfer of excess surplus utility funds to the City's General Fund. (Fiscal impact.) Re-referred to the Rules Committee. RE-REFERRED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee SPECIAL ORDER 3:00 P.M. 002092 [Public Hearing] Hearing to consider proposed Ordinance approving and adopting an amendment to the Redevelopment Plan for the India Basin Industrial Park Development Project Area (Ordinance No. 26-69, amended by Ordinance Nos. 474-86, 141-87 and 416-94) to modify the use restrictions and reduce the parking and loading requirements for Lot 23 of Assessor's Block 5203 within the Redevelopment Plan Area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan amendment is consistent with the City's General Plan and Eight Priority Policies of the City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment law. (Final Negative Declaration issued on October 18, 2000; Redevelopment Agency report dated October 2000 to the Board of Supervisors for the India Basin Industrial Park Redevelopment Plan Amendment.) (Companion measure to File 001861.) Supervisor Maxwell moved to continued to August 13, 2001. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. From Public Health and Environment Committee 001861 [Amendment to the India Basin Industrial Park Redevelopment Plan to modify use restrictions and parking and loading requirements] Supervisor Katz Ordinance approving and adopting an amendment to the Redevelopment Plan for the India Basin Industrial Park Development Project Area (Ordinance No. 26-69, amended by Ordinance Nos. 474-86, 141-87 and 416-94) to modify the land use provisions and reduce the parking and loading requirements for Lot 23 of Assessor's Block 5203 within the Redevelopment Plan Area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan Amendment is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law. (Final Negative Declaration issued on October 18, 2000; Redevelopment Agency report dated October 2000 to the Board of Supervisors for the India Basin Industrial Park Redevelopment Plan Amendment.) Supervisor Maxwell moved to continued to August 13, 2001. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee COMMITTEE REPORTS From Rules Committee 011203 [Live/Work Task Force] Supervisor Ammiano Resolution extending the deadline for the Live/Work Task Force until July 22, 2001, authorizing the Task Force to submit its report to the Board of Supervisors on July 22, 2001 and ratifying all meetings of the votes taken by the Task Force between July 1, 2001 and the effective date of this resolution. Enacted Number: 580-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom PUBLIC COMMENT Abdalla Megahed, budget; Mike Peltriss, gay bath houses; John Bardis, reform budget process; Robert O'Malley, public telephones; Male speaker, litigation against the City; Charlotte Siggins, foster youth; Drosell Davis, support after care for foster youth; Anthony Silver, support after care for foster youth; Doug Largen, wireless communication problem; David Berman, support more wireless communication; Mark Longwood, wireless communication concerns; Gordon Pencoll, wireless communication concerns; Mark Lear, wireless communication concerns; Phillip Carter, parking garage, Golden Gate Park Concourse; Steve Eastman, wireless communication concerns; Mike Brown, Oceanview area youth and budget; Dion Johnson, Inner City Youth needs space for program; David Miles, Saturday closure for Golden Gate Park; Chris Bowman, charter amendment process; George R. Williams, emergency communications building; Wendy Austin, Inner City Youth needs funding. 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 31 through 47 011108 [Commendation] Supervisor Leno Resolution commending the California Court of Appeal First Appellate District for rejecting a challenge by housing developers to a Napa, California inclusionary housing law that requires low-cost units in every new housing development. Enacted Number: 577-01 ADOPTED 011247 [SB 531, California Renewable Energy Portfolio Standard] Supervisors Ammiano, Leno, Peskin, Maxwell Resolution supporting Senate Bill 531 (Sher), establishing a renewable energy portfolio standard requiring that twenty percent (20%) of California's energy come from renewable resources by 2010. Enacted Number: 581-01 ADOPTED 011248 [Gift - Recreation and Park Department] Supervisors Hall, Newsom Resolution approving the acceptance and expenditure of a gift valued at approximately $600,000.00 from the Byron Dorn, Jr. Revocable Trust for maintenance and improvement of existing parks in San Francisco. Enacted Number: 582-01 ADOPTED 011249 [Foster Youth Transition into Adulthood] Supervisors Newsom, Leno, Maxwell Resolution acknowledging an on-going responsibility to foster youth as they transition into adulthood and ensuring that the City and County of San Francisco will meet that responsibility by helping to provide safe affordable, and supportive housing for these youth. Enacted Number: 583-01 ADOPTED 011250 [Battery Recycling Program] Supervisors Sandoval, Peskin Resolution urging the City and County of San Francisco to request that City departments purchase and use only rechargeable batteries and urging the City and County of San Francisco to increase battery recycling. Enacted Number: 592-01 ADOPTED 011251 [Confucius Day] Supervisors Yee, Hall Resolution celebrating the teachings of Confucius and proclaiming September 28, 2001, "Confucius Day" in the City and County of San Francisco. Enacted Number: 584-01 ADOPTED 011252 [Filipino Veterans] Supervisors Yee, Leno, Peskin, Newsom, Hall, Daly Resolution urging the President and Congress of the United States to recognize and restore U.S. Veterans status, with equal and full military benefits and compensations under programs administered by the Secretary of Veterans Affairs to Filipino World War II Veterans. Enacted Number: 585-01 ADOPTED 011253 [ACA 10, Educational Revenue] Supervisor Leno Resolution urging passage of ACA 10, Assemblyman David Cogdill's educational revenue augmentation fund bill. Enacted Number: 586-01 ADOPTED 011254 [Commendation] Supervisors Leno, Maxwell, McGoldrick, Daly Resolution commending the U.S. Department of Housing and Urban Development for awarding nearly $448 million in new vouchers to subsidize the cost of housing for 79,000 families, 1,385 of which will be distributed in San Francisco at a value of $14,507,187. Enacted Number: 587-01 ADOPTED 011255 [Commendation] Supervisors Maxwell, Leno, McGoldrick, Newsom, Daly Resolution commending James B. Morales for his dedication and service upon his departure from the Redevelopment Agency of the City and County of San Francisco. Enacted Number: 588-01 ADOPTED 011256 [Proclamation] Supervisors Peskin, Leno, Newsom Resolution declaring July 2, 2001 Phil Frank Day in the City and County of San Francisco to honor the cartoonist Phil Frank. Enacted Number: 589-01 ADOPTED 011257 [Commendation] Supervisors Yee, Newsom Resolution commending Commissioner Harry Paretchan on the occasion of his retirement from the Health Service System Board after 35 years of service to the City and County of San Francisco. Enacted Number: 590-01 ADOPTED 011258 [Commendation] Supervisors Leno, Daly Resolution commending the SMMILE Board and the South of Market Bare Chest Calendar for outstanding service to the community and contributions to local charity organizations. Enacted Number: 591-01 ADOPTED 011231 [Final Map for a 12 Unit Mixed Use Condominium Project] Motion approving Final Map of 828 Innes Avenue, A Mixed Use Condominium Project, being a subdivision of Lot 5, Assessor's Block No. 4645, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPT Order No.173,058; District 10.) Enacted Number: M01-88 APPROVED 011232 [Final Map for a 12 Unit Residential Condominium Project] Motion approving Final Map of 545 Leavenworth Street, a Residential Condominium Project, being a subdivision of Lot 2, Assessor's Block No. 319, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPT Order No. 173,057; District 6.) Enacted Number: M01-89 APPROVED 011270 [Return of Paramedics to the Health Department] Supervisor Yee Motion requesting the Budget Analyst to compare the current status of the Health Department and Fire Department EMS Merger to the the Budget Analyst report done prior to the merger. Enacted Number: M01-91 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Severed from Adoption Without Committee Reference 011269 [Committee of the Whole Budget Meetings] Supervisors Daly, Sandoval, McGoldrick, Gonzalez Motion setting a special meeting of the Board of Supervisors on July 14, 2001 at 10:00 AM, and a Committee of the Whole on July 23, 2001 at 3:00 PM. Supervisor Daly moved to sever the item so that it could be considered separately. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. TABLED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. [Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 010826 [Business Tax and Regulations Code Amendment] Supervisor Leno Ordinance amending the Business Tax and Regulations Code by: (1) amending Sections 6.12-1, 6.18-1, and 6.18-3, and repealing Section 6.19-3, to clarify general administrative provisions of Article 6; (2) adding Sections 6.19-3 through 6.19-11, to establish a system of administrative penalties for specified violations of the Business Tax and Regulations Code; (3) adding new Sections 852.8 and 852.9, re-numbering existing Sections 852.8 and 852.9 as Sections 852.10 and 852.11, respectively, and amending Section 856, to consolidate the deadlines for renewing business registration certificates and filing annual tax returns; (4) amending Section 905-A, to create a graduated system of fines for persons who qualify for the small business exemption but fail to file a timely return; and, (5) amending Section 6.6-1, to provide that a parking lot operator is considered liable for collection of parking taxes at a location covered by his or her certificate of authority unless and until the certificate is surrendered to the Tax Collector. (Treasurer-Tax Collector) 5/2/01, ASSIGNED UNDER 30 DAY RULE to Finance Committee, expires on 6/6/2001. 7/9/01, SUBSTITUTED. Supervisor Leno submitted a substitute ordinance bearing new title. 7/9/01, ASSIGNED to Finance Committee. 011280 [Zoning Map Amendment - Third Street] Supervisor Maxwell Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco to change the use district designation of the following properties on Third Street between Islais Creek and Paul Avenue from an M (Manufacturing) Zoning District to an NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District: Assessor's Block 4501, Lots 001, 003, 004, and 005; Block 4502A, Lot 002, Block 4881, Lots 012, 018, 022, and 024, Block 4912, Lot 006, Block 4940, Lots 012A, 012B, and 024, Block 5211, Lot 028, Block 5217, Lot 001, Block 5225, Lot 010, Block 5226, Lots 025, and 028, Block 5235, Lots 003 and 011, Block 5242, Lots 021, 022, 023, 024, and 042, and Block 5253, Lots 003, 008, 029 ,030, 031, 032, 033, and 034, Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036, Block 5272, Lots 045 and 048, Block 5279, Lots 001, 002 and 003, Block 5414, Lots 005, 006, 007, 008, 025, 026, 027, 028, and 030, Block 5418, Lots 001, 002, and 010, Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 016, 017, 018, Block 5421, Lot 011, Block 5429, Lot 002, Block 5431A, Lots 001, 001M, 001U, 001V, and 004; adopting findings pursuant to Planning Code Section 101.1. 7/9/01, ASSIGNED UNDER 30 DAY RULE to Housing, Transportation and Land Use Committee, expires on 8/8/2001. 07/13/01-Transmitted to Planning Commission for public hearing and recommendation. Resolutions 011277 [Wireless Telecommunication Facilities - Moratorium] Supervisor Ammiano Resolution imposing interim zoning controls to prohibit new wireless telecommunication facilities from being erected or placed on any property in the City and County of San Francisco falling within Location Preferences 5, 6 or 7 as defined in the Planning Department's Wireless Telecommunication Services Facilities Siting Guidelines, or within Location Preferences 1 or 2 if a given site would otherwise fall under Location Preferences 5, 6, or 7 based on its zoning use category or, for sites zoned P (Public), the most restrictive zoning of all adjacent lots pursuant to the San Francisco Planning Code, for a six-month period, and making findings of consistency with the priority policies of Planning Code Section 101.1. (Received Certificate of Exemption/Exclusion from Environmental Review dated 9/18/01) 7/9/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 7/13/01-Transmitted to Director of Planning for environmental review. 011278 [Prohibit construction of new live/work developments] Supervisor Ammiano Resolution extending for an additional six-month period interim controls to prohibit the construction of new live/work developments. (Certificate of Determination of Exemption/Exclusion From Environmental Review dated July 31, 2001) 7/9/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 7/13/01 - Transmitted to Director of Planning for environmental review. 011279 [Community Land Trust Task Force] Supervisors Gonzalez, Daly, Ammiano Resolution establishing a Community Land Trust Task Force to develop recommendations for consideration by the Board of Supervisors on steps necessary to implement community land trusts in San Francisco, establishing the membership of the Task Force, directing the Task Force to establish its rules of operation which shall include compliance with the Sunshine Ordinance, directing the Clerk of the Board to provide staff assistance for research and compliance with the Sunshine Ordinance, and providing that the Task Force shall report back to the Board and sunset its operations within six months of the appointment of its members. 7/9/01, RECEIVED AND ASSIGNED to Rules Committee. 011281 [International Museum of Women] Supervisors Ammiano, Leno, Peskin, Newsom, Daly, Maxwell, Sandoval, McGoldrick Resolution welcoming the International Museum of Women to San Francisco, and encouraging the Port Commission of San Francisco to negotiate with the International Museum of Women. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011282 [BART 24 hour service] Supervisors Leno, McGoldrick, Maxwell, Newsom, Daly Resolution urging BART to create an efficient, convenient 24 hour transit service, that compliments its rail rapid transit service by serving the same stations and routes as existing late-night services. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011283 [Redevelopment Plans - India Basin, Bayview, Hunters Point] Supervisor Maxwell Resolution urging the San Francisco Redevelopment Agency to amend the redevelopment plans for the India Basin, the Bayview Industrial Triangle, and the Hunters Point Hill Redevelopment Project Areas to establish land use and development controls consistent with a neighborhood commercial district under the City Planning Code. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011284 [Proclamation] Supervisors Maxwell, Leno, Daly Resolution celebrating the efforts of breastfeeding mothers, their families, health professionals who provide the support and necessary encouragement to protect and promote breastfeeding in San Francisco and proclaiming August 1-7, 2001 Breastfeeding Awareness Week in San Francisco. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011285 [Issuance of Revenue Bonds - ABAG Finance Authority] Supervisors Newsom, Leno, Sandoval Resolution authorizing the issuance and sale of revenue bonds by ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $67,265,000 for Jewish Community Center of San Francisco, Inc., or an affiliate. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011286 [Historical Vessel THAYER] Supervisor Yee Resolution urging the Golden Gate National Recreation Area to award the renovation contract for the Historical Vessel THAYER to San Francisco Drydock, a union shipyard located in San Francisco. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011287 [National Parks and Public Employees] Supervisors Yee, Daly, McGoldrick Resolution urging the National Parks to acknowledge the rights of public employees to have union representation and to bargain over wages and job conditions with their employers. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011288 [Commendation] Supervisors Leno, McGoldrick, Maxwell, Newsom Resolution commending K-Mart corporation for banning the sale of handgun bullets in response to meetings with survivors of the Columbine massacre. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011289 [Commendation] Supervisors Leno, Peskin, Ammiano, McGoldrick, Maxwell, Newsom Resolution commending Patrick Carney and the organizers of the Pink Triangle for their community leadership. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011290 [Commendation] Supervisors Maxwell, Leno, Newsom Resolution commending Sojourner Truth Family Service Agency for their commitment and dedication to their community and for their efforts in sponsoring the 4th Annual Third Street Faire. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011291 [Commendation] Supervisor Sandoval Resolution declaring July 26th "Marion Aird Day" and commending Marion Aird for receiving the Person of the Year Award from the Outer Mission Residents Association. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 011292 [Annual Budget Process] Supervisor McGoldrick Hearing on the practices of the Board of Supervisors for consideration of the annual Budget submitted by the Mayor, as well as Board processes for consideration of the policy matters underlying budgetary priorities, including participation of the public in the process. 7/9/01, RECEIVED AND ASSIGNED to Finance Committee. 011293 [Presidio Trust Implementation Plan] Supervisors Yee, Newsom Hearing regarding the Presidio Trust Implementation Plan including the planning process utilized in implementing this plan. The hearing will also include discussion of the Environmental Impact Report and impact this plan will have upon City departments including the Planning Department, the Department of Parking and Traffic, MUNI, the Recreation and Park Department, and the Public Utilities Commission. 7/9/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. Motions 011294 [Legislative Analyst Request] Supervisors Gonzalez, Daly Motion asking the Legislative Analyst to provide staff assistance to the Community Land Trust Task Force. 7/9/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration July 16, 2001. 011276 [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. 7/9/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at the Request of Departments PROPOSED ORDINANCES None. PROPOSED RESOLUTIONS 011225 [Revocable permit to relocate two (2) statues of Juan Bautista de Anza and King Carlos III to the landscaped median strip on Dolores Street] Resolution granting revocable permission to the San Francisco Arts Commission to relocate two (2) statues of Juan Bautista de Anza and King Carlos III from their former location at the south end of Justin Herman Plaza to the landscaped median strip on Dolores Street between 16th Street and Chula Lane, fronting Mission Dolores, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department) (Supervisor Daly dissenting in Committee.) 6/28/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011227 [Children's Council of San Francisco] Resolution urging the Board of Supervisors to authorize continuing the service level and enrollment for CalWORKS child care by renewal of the existing contract with the Children's Council of San Francisco, a California corporation, to continue with said contract in enrollment, program costs and number of capacity building initiatives. (Human Services Department) (Fiscal impact.) 7/2/01, RECEIVED AND ASSIGNED to Finance Committee. 011228 [IHSS Contract Modification with Addus Healthcare for In-Home Supportive Services] Resolution approving the modification of the contract between the City and County of San Francisco and Addus Healthcare for the provision of In-Home Supportive Services for the period from July 1, 2001 to August 31, 2001, in the increased amount of $1,360,132, for a total contract amount of $18,557,303. (Human Services Department) (Fiscal impact.) 7/2/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 7/5/01, TRANSFERRED to Finance Committee. 011229 [Contracting out facility security services] Resolution concurring with the Controller's certification that facility security services for the Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by City and County Employees. (Municipal Transportation Agency) 7/3/01, RECEIVED AND ASSIGNED to Finance Committee. 011230 [Contracting out Convention Facilities management, operation and maintenance services] Resolution concurring with the Controller's certification that Convention Facilities management, operation and maintenance services can be practically performed at Bill Graham Civic Auditorium and the Moscone Center by private contractor for a lower cost than similar work services performed by City and County employees. (Administrative Services Department) 7/3/01, RECEIVED AND ASSIGNED to Finance Committee. Requests Granted From: Supervisor Hall To: City Attorney Requesting/Inquiring: To provide an opinion as to whether or not the attached draft legislation entitled "Home Ownership Program for Equity" is constitutional and would it be approved as to form. (See attached) From: Supervisor Leno To: City Attorney Requesting/Inquiring: To draft legislation based upon Portland's Project Down Payment and Project Buy Down legislation to promote middle income home ownership. Project Down Payment is a $4000 five-year loan with a fixed 5% interest rate that covers closing costs and some of the down payment to qualified homebuyers. Project Buy Down-provides an interest-free $15,000 loan towards the purchase of a home payable only upon the sale of the house. Both programs consider Portland's relatively cheaper housing market and could be indexed according to standard San Francisco thresholds by making the Project Down Payment at 4% of the average unit (at $500,000) or $20,000 maximum and Project Buy Down at 10% of the average unit (at $500,000) or $50,000 maximum. From: Supervisor McGoldrick To: City Attorney Requesting/Inquiring: To draft legislation amending the Administrative Code to gradually move back the date on which the Mayor must submit his budget to the Board of Supervisors. Next year, the Mayor would be required to submit his/her budget to the Board on April 30. The following year he/she would be required to submit a budget on February 28. This date would become the new date for submission of the budget, consistent with that set out in the charter amendment to be submitted to the voters in March. From: Supervisor Newsom To: City Attorney Requesting/Inquiring: To research and, if necessary, draft legislation similar to the San Diego Municipal Code Chapter 14, Title 3, Division 5, regarding SRO Hotel Regulations. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Judy Davis (Supervisor Leno) Peter Macchiarini (Supervisor Peskin) ADJOURNMENT There being no further business, the Board at the hour of 5:15 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 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. 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For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, 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