Board of Supervisors Minutes: August 20, 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, August 20, 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, Leland Y. Yee. Members Excused: None. Members Absent: Gerardo Sandoval. 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 was noted absent: Supervisors McGoldrick, Newsom, Peskin, Sandoval - 4. Quorum present. Supervisors Newsom, Peskin noted present at 2:01 p.m. Supervisor McGoldrick noted present at 2:05 P.M. Supervisor Sandoval was excused.(See infra.) Supervisor Sandoval Excused from Attendance Supervisor Leno, seconded by Supervisor Daly, moved to excuse Supervisor Sandovalfrom attending this meeting. The motion carried by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Yee Absent: 4 - McGoldrick, Newsom, Peskin, Sandoval AGENDA CHANGES Supervisor Yee stated he plans to entertain a motion to continue Items 25 through 29. COMMUNICATIONS CONSENT AGENDA Items 1 through 8 Recommendations of the Audit, Labor and Government Efficiency Committee 011377 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Brenda Sgamba against the City and County of San Francisco for one hundred sixty-two thousand, seven hundred and fifty dollars and no cents ($162,750.00), and to Sgamba's attorney Christopher Dolan (payable to The Dolan Law Firm) the total lump sum for costs and fees of one hundred sixty-two thousand, two hundred and fifty dollars and no cents ($162,250.00) (for a total sum of $325,000.00); the lawsuit was filed on March 16, 1999 in San Francisco Superior Court, Case No. 302-011; entitled Brenda Sgamba v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 011378 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Robert Weidman against the City and County of San Francisco for $27,500, plus an amount not to exceed $20,000 for additional attorney's fee and cost; the lawsuit was filed on May 24, 2001, in the United States District Court, Case No. C99-4442 TEH; entitled Robert Weidman v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 011442 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Scottie M. McKinney against the City and County of San Francisco for $100,000; the lawsuit was filed on January 14, 2000 in United States District Court, Case No. C00-0175 MMC; entitled Scottie M. McKinney v. City and County of San Francisco; other material terms of said settlement are McKinney agrees to retire, and not to seek or accept employment from the City and County of San Francisco in the future. (City Attorney) PASSED, ON FIRST READING Recommendations of the Housing, Transportation and Land Use Committee 011299 [Stop Intersections] Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Pinehurst Street and Kenwood Way, northwest and southeast corners, stopping Pinehurst Street (makes this uncontrolled intersection a two-way STOP) (Parking and Traffic Department) (DPT Order No. 2261.) Enacted Number: 683-01 ADOPTED 011300 [Parking Regulations, Various Locations] Supervisor Newsom Resolution enacting and rescinding parking regulations at various locations. DIAGONAL (45-DEGREE ANGLE) PARKING - RESCIND Point Lobos Avenue, north side, from 30 feet to 184 feet west of Merrie Way (154-foot zone, restores parallel parking) RESIDENTIAL PERMIT PARKING AREA "D" (4-HOUR TIME LIMIT, 9 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Arlington Street, both sides, between Miguel and Roanoke Streets (300 and 400 blocks) Mateo Street, both sides, between Arlington and Chenery Streets (200 block) RESIDENTIAL PERMIT PARKING AREA "W" (1-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH York Street, both sides, between 23rd and 24th Streets (1100 block) York Street, both sides, between 24th and 25th Streets (1200 block) UNMETERED MOTORCYCLE PARKING - ESTABLISH Pierce Street, west side, from 39 feet to 46 feet south of Page Street (7-foot zone, accommodating 2 motorcycles) Pierce Street, west side, from 60 feet to 67 feet south of Page Street (7-foot zone, accommodating 2 motorcycles) (Parking and Traffic Department) (DPT Order No. 2261.) Enacted Number: 684-01 ADOPTED 011301 [Traffic Regulations, Various Streets] Supervisor Newsom Resolution enacting and rescinding traffic regulations on various streets. LEFT LANE MUST TURN LEFT - ESTABLISH 10th Street, southbound, at Division Street LEFT LANE MUST TURN LEFT, EXCEPT MUNI - ESTABLISH Northpoint Street, eastbound, at The Embarcadero RIGHT LANE MUST TURN RIGHT - ESTABLISH Circular Avenue, northbound, at Monterey Boulevard STREET CLOSURE (NO PUBLIC ACCESS) - ESTABLISH Brazil Street, from Mansell Street to approximately 900 feet northerly (900-foot zone) TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Lincoln Way, south side, from 3rd Avenue to 31 feet easterly (31-foot zone) Lincoln Way, south side, from 4th Avenue to a point 100 feet west of 3rd Avenue TWO LEFT LANES MUST TURN LEFT - ESTABLISH Lincoln Way, eastbound, at 3rd Avenue/Kezar Drive NO RIGHT TURN - ESTABLISH Lincoln Way, eastbound, at 3rd Avenue (Parking and Traffic Department) (DPT Order No. 2261.) Enacted Number: 685-01 ADOPTED Recommendations of the Public Health and Environment Committee 011133 [State contract funds for substance abuse treatment] Supervisors Leno, Gonzalez, Newsom Resolution authorizing the San Francisco Department of Public Health, Community Substance Abuse Services (CSAS) to enter into a Combined Negotiated Net Amount and Drug Medi-Cal Agreement with the California State Department of Alcohol and Drug Programs (DADP) for the term of July 1, 2001, retroactively through June 30, 2005 in the fiscal year 2001-2002 amount of $19,191,568 as a condition of receiving state funds and Drug Medi-Cal reimbursement for substance abuse treatment; holding the State Department of Alcohol and Drug Programs harmless from any and all claims and losses fromthe agreement; designating the Director of CSAS to sign the Agreement and to approve future amendments to the Agreement for amounts less than ten percent (10%) of the contracted amount. (Public Health Department) Enacted Number: 650-01 ADOPTED 011440 [Contract funds for SFHIV Vaccine Clinical Trials Unit] Supervisors Leno, Gonzalez, Newsom Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter into an agreement in the amount of $754,360 with Public Health Foundation Enterprises Inc. [PHFE), the primary contractor, to fund the second year of the SFDPH portion for "San Francisco HIV Vaccine Clinical Trials", a unit of the HIV Vaccine Trials Network (HVTN); for the period retroactive from June 1, 2001 to May 31, 2002. (Public Health Department) Enacted Number: 688-01 ADOPTED PASS THE CONSENT AGENDA by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Yee Absent: 2 - McGoldrick, Sandoval REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 011522 [Findings - Tentative/Parcel Map Appeal for 107 24th Avenue] Motion adopting findings related to the appeal of the decision of the Director of Public Works approving a Tentative/Parcel Map to legalize a proposed subdivision creating two lots in Assessor's Block 1334, Lot 1, at 107 24th Avenue. (Clerk of the Board) (Companion measure to Files 011350, 011351, 011352, 011353.) Supervisor Leno, seconded by Supervisor Maxwell moved to excuse Supervisors Gonzalez and Daly. Enacted Number: M01-113 APPROVED by the following vote: Ayes: 8 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Excused: 2 - Daly, Gonzalez From the Department of Building Inspection 011531 [Special Assessment Liens for Assessment of Costs - Building Inspection] Resolution confirming report of delinquent charges for code enforcement cases with delinquent assessment of costs, emergency order fees, and fees pursuant to the provisions of Sections 102.1, 102.2, 102.3, 102.12, 102.14, 102.16, 102.17, 102.18, 102.19 et seq., and Section 110 Table 1-K, of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for services rendered by said Department the costs thereof having accrued pursuant to the Code violations referenced above. TABLED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Recommendation of the Economic Vitality, Small Business and Social Policy Committee 010779 [Campaign and Governmental Conduct Code, Recorded Political Telephone Messages] Supervisors Peskin, Newsom, Ammiano, Leno, McGoldrick, Gonzalez, Maxwell, Daly 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. Enacted Number: 187-01 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 2 - Hall, Sandoval NEW BUSINESS Recommendations of the Audit, Labor and Government Efficiency Committee 011320 [MOU, Police Officers Association] Mayor Ordinance adopting and implementing the Memorandum of Understanding between the San Francisco Police Officers' Association (SFPOA) and the City and County of San Francisco to be effective for the period July 1, 2001, through June 30, 2003. (Mayor) (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 011381 [Tolling Agreement Extension with Irrigation District] Resolution approving Tolling Agreement Extension with Modesto and Turlock Irrigation Districts. (City Attorney) Enacted Number: 686-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Recommendations of the Housing, Transportation and Land Use Committee 010488 [Bicycle Storage] Supervisors Leno, Gonzalez, Sandoval Ordinance amending Section 155 of the Planning Code and adding Section 155.4 to the Planning Code to require that all new commercial buildings and commercial buildings with major renovations contain parking spaces for bicycles proportionate to and in accordance with such building's square footage and primary use. Planning Commission Resolution #16180 adopted June 28, 2001 recommending approval.Received Certificate of Determination of Exemption/Exclusion from Environmental Review dated April 17, 2001. PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 011124 [Commercial Vehicle Weight Restriction - Pond Street] Ordinance adding Section 28.5.53 to the San Francisco Traffic Code, establishing a commercial vehicle weight restriction on a portion of Pond Street. (Parking and Traffic Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 011366 [Residential Housing Projects] Supervisors Leno, McGoldrick, Maxwell Resolution urging the San Francisco Planning Department and Planning Commission not to approve residential housing projects of ten units or more with less than a 10% affordability requirement or 15% affordability requirement for conditional use projects and Planned Unit Development (PUDs) prior to consideration by the Board of Supervisors of legislation specifically codifying these affordability levels. 8/20/01 - Amendment of the whole bearing same title presented by Supervisor Leno. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Supervisor Daly moved to amend on Page 1, line 7, replace "these" with "new"; on Page 2, line 13, replace "these" with "new". AMENDED. Resolution urging the San Francisco Planning Department and Planning Commission not to approve residential housing projects of ten units or more with less than a 10% affordability requirement or 15% affordability requirement for conditional use projects and Planned Unit Development (PUDs) prior to consideration by the Board of Supervisors of legislation specifically codifying new affordability levels. ADOPTED AS AMENDED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Yee Noes: 2 - Hall, Newsom Absent: 1 - Sandoval Recommendations of the Rules Committee 011472 [Ballot Argument - Revenue Bond Solar Energy Facilities] Supervisor Leno Motion authorizing proponent's ballot argument in favor of Proposition B, a Revenue Bond Measure regarding Solar Energy Facilities. Enacted Number: M01-117 APPROVED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Noes: 1 - Yee Absent: 1 - Sandoval 011473 [Ballot Argument - Vacancy in Elective Office] Supervisor McGoldrick Motion authorizing proponent's ballot argument in favor of Proposition C, a Charter Amendment regarding vacancy in Elective Office. 8/20/01 - Amended.Replace "out-of step" with "out of step"; replace "San Francisco Board of Supervisors" to read "Board of Supervisors". AMENDED. APPROVED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 011476 [Ballot Argument - Land Fillof 100 Acres or More in the San Francisco Bay] Supervisor Peskin Motion authorizing proponent's ballot argument in favor of Proposition D, a Charter Amendment regarding Land Fill in San Francisco Bay. Enacted Number: M01-120 APPROVED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 011474 [Ballot Argument - Election, Ethics and Outside Counsel] Supervisor Newsom Motion authorizing proponent's ballot argument in favor of Proposition E, a Charter Amendment regarding Election, Ethics and Outside Counsel. 8/20/01 - Amended. Replace "The Elections, Ethics and Outside Counsel Charter Amendment has been a long time coming" with "Fair and impartial City elections are the foundation of responsive and responsible City government.That is why Proposition E deserves your support".Replace "Proposition E helps guarantee honest and fair elections" with "Proposition E is a new solution to some of the oldest problems of government." AMENDED. APPROVED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Noes: 1 - Yee Absent: 1 - Sandoval 011470 [Ballot Argument - Municipal Water and Power Agency] Supervisor Ammiano Motion authorizing proponent's ballot argument in favor of Proposition F, a Charter Amendment creating a Municipal Water and Power Agency. 8/20/01 - Amended.Replace "Prop F is a companion measure to Proposition" to read "Prop F is a companion to Measure I". AMENDED. APPROVED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Noes: 1 - Yee Absent: 1 - Sandoval 011471 [Ballot Argument - Redistricting] Supervisor Daly Motion authorizing proponent's ballot argument in favor of Proposition G, a Charter Amendment regarding Redistricting. 8/20/01 - Amendment of the whole presented by Supervisor Daly. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. APPROVED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Absent: 2 - Sandoval, Yee 011469 [Ballot Argument - Revenue Bond Authority] Supervisor Ammiano Motion authorizing proponent's ballot argument in favor of Proposition H, a Charter Amendment regarding revenue bond authority for renewable energy and energy conservation projects. 8/20/01 - Amendment of the whole presented by Supervisor Ammiano. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. APPROVED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Noes: 1 - Yee Absent: 1 - Sandoval 011468 [Ballot Argument- Municipal Utility District] Supervisor Ammiano Motion authorizing proponent's ballot argument in favor of Proposition ____, a proposal to form a Municipal Utility District for the City and County of San Francisco and the City of Brisbane to be known as the San Francisco-Brisbane Municipal Utility District. Supervisor Peskin moved to continue to August 27, 2001. CONTINUED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval SPECIAL ORDER 3:00 P.M. 011390 [Public Hearing - Appeal, Conditional Use, 4501 Irving Street] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No.16182 dated June 28, 2001, approving Conditional Use Application No. 2000.1261EC, under Sections 121.1 and 710.11 to develop a new four-story, mixed-use building, at a maximum height of forty feet, containing approximately 1,800 square feet of commercial office/retail space and eleven off-street parking spaces in the ground floor garage and ten dwelling units on a remaining three upper floors on two lots with a total area exceeding 5,000 square feet, in an NC (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District, on property located at 4501 Irving Street, southwest corner of Irving Street and 46th Avenue; Lots 47 and 49, in Assessor's Block 1801. Supervisor Yee, seconded by Supervisor Peskin moved to continue to September 17, 2001. 9/17/01, Continued, Supervisor Yee moved to continue to September 24, 2001. CONTINUED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Pursuant to Government Code Section 65009, notice is hereby given:If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. From the Clerk 011391 [Appeal, Conditional Use, 4501 Irving Street] Motion approving decision of the Planning Commission by its Motion No. 16182 approving Conditional Use Application No. 2000.1261EC, on property located 4501 Irving Street, southwest corner of Irving Street and 46th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin moved to continue to September 17, 2001. CONTINUED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 011392 [Appeal, Conditional Use, 4501 Irving Street] Motion disapproving decision of the Planning Commission by its Motion No. 16182 approving Conditional Use Application No. 2000.1261EC, on property located 4501 Irving Street, southwest corner of Irving Street and 46th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin moved to continue to September 17, 2001. CONTINUED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 011393 [Findings - 4501 Irving Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2000.1261EC, on property located 4501 Irving Street, southwest corner of Irving Street and 46th Avenue, for action by the Board at its next meeting. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin moved to continue to September 17, 2001. CONTINUED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval SPECIAL ORDER 3:00 P.M. 011486 [Public Hearing, Appeal, Environmental Impact Report, deYoung Museum] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No. 16039 dated December 7, 2000, certifying the Final Environmental Impact Report, Case File No. 199.455E for the proposed deYoung Museum project. (Appeal filed January 12, 2001; Draft EIR Publication Date: July 22, 2000; Draft EIR Pulic Hearing Date: August 24, 2000; Draft EIR Public Comment Period:July 22, 2000 to August 29, 2000; Final EIR Certification Date: December 7, 2000; companion measure to Files 011487, 011488, 011489.) Susan Brandt-Hawley, appellant; Bruce Bonacker, supports appeal; Chris Duderstadt, supports appeal; David Spero, supports appeal; Holt Carlson, supports appeal; Pinky Kushner, supports appeal; Zoanne Nordstrom, supports appeal; Denise D'Anne, supports appeal; Claire Pilcher, supports appeal; Henrick Bull, supports appeal; Joe Fusco, supports appeal; Frances Carter, supports appeal; Frederick Willsea, supports appeal; Maryanne Millier, supports appeal; Male speaker, supports appeal; Cathy Roberts, supports appeal; Ian Burke, supports appeal; Greg Garr, supports appeal; Lila Miller, supports appeal; Ernestine Weiss, supports appeal; William Carlson, supports appeal; Gerald Green, Director of Planning, Planning Department; Harry Parker, DeYoung Museum, Project Sponsor; Dennis Antenore, supports project; Jim Chappel, SPUR, supports project; Jill Wynns, supports project; Brother Kelly Cullen, supports project; Lynn Symdeski, supports project; Irene Anderson, supports project; Mark Johnson, supports project; Ruth Asawa, supports project; Sophie Walters, supports project; Father Tom Lucas, supports project; Tom Marranomi, supports project; Jessica Johnson, supports project; Timonth Bernard, supports project; Ellen Horton-Harder, supports project; Jack Beyers, supports project; Leslie Ramos, supports project; Male speaker, supports project; Jennifer Beitterman, supports project; Randolp Scott, supports project; Chris Crews, supports project; Jesse Arreguin, supports project; Kay Forrester, supports project; Carlos Villome, supports project; James Bryant, supports project; Autum Woish, supports project; Danny Lenoe, supports project; Harrison Farrar, supports project; Anne Lanzerotti, supports HEARD AT PUBLIC HEARING. 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 Clerk of the Board 011487 [Affirming certification of New M.H. de Young Museum EIR] Motion affirming the certification of the Final Environmental Impact Report for the New M.H. de Young Museum Development Project located at 75 Tea Garden Drive by the Planning Commission. (Clerk of the Board) NOTadopted by the following vote: Noes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Absent: 2 - Sandoval, Yee 011488 [Disapproving certification of New M.H. de Young Museum EIR] Motion disapproving the certification of the Final Environmental Impact Report for the New M.H. de Young Museum Development Project located at 75 Tea Garden Drive by the Planning Commission. (Clerk of the Board) Enacted Number: M01-111 APPROVED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Absent: 2 - Sandoval, Yee 011489 [Preparation of findings to disapprove certification of the New M.H. de Young Museum EIR] Motion directing the Clerk of the Board to prepare findings disapproving the certification of the Final Environmental Impact Report for the New M.H. de Young Museum Development Project located at 75 Tea Garden Drive by the Planning Commission. (Clerk of the Board) 8/20/01 - Amendment of the whole bearing same title prepared in Board. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. APPROVED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Absent: 2 - Sandoval, Yee COMMITTEE REPORTS From Rules Committee 010840 [Elections Task Force] Ordinance creating the Elections Task Force to redraw Board of Supervisors district lines pursuant to the provisions set forth in Charter Section 13.110(d) following the 2000 federal census. (Clerk of the Board) 8/20/01 - Supervisor Hall, seconded by Supervisor Yee moved to amend on Page 1, line 5 and on Page 2, line 2, replace "October 9" with "September 10". AMENDED. Ordinance creating the Elections Task Force to redraw Board of Supervisors district lines pursuant to the provisions set forth in Charter Section 13.110(d) following the 2000 federal census; operative date September 10, 2001. (Clerk of the Board) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 7 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Yee Noes: 3 - Daly, Gonzalez, Peskin Absent: 1 - Sandoval 011497 [Rent Control Ordinance amendment, six month period which landlords may not evict tenants for non-payment of capital improvement passthrough] Supervisors Ammiano, Hall, Gonzalez Ordinance providing a six-month period commencing August 10, 2001, during which landlords are prevented from evicting tenants for non-payment of that portion of rent attributable to capital improvement passthrough petitions decided at the Rent Board after April 10, 2000, pursuant to capital improvement petitions filed prior to August 10, 2001. PASSED ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin Absent: 2 - Sandoval, Yee PUBLIC COMMENT Abdalla Megahed, homelessness; William Qutani, highrise buildings; Bob Purcell, Golden Gate National Recreation Area; Nathan Eng; Gilbert Chan; Dawn Forest, Proposition A Bonds; Tom Harrison, Presidio Trust; William Carlson, various topics; David Osgood; Port landscaping Edmund, homelessness. 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 38 through 46 011504 [Grant - Bay Area Air Quality Management District] Supervisors Ammiano, Daly, Peskin Resolution authorizing the Director of the Department of the Environment and the City Administrator, to apply for $965,000 from the Bay Area Air Quality Management District's Transportation Fund for Clean Air for a project to improve air quality in the San Francisco Bay Area, with the understanding that the City and County of San Francisco, if awarded these grants, would be required to indemnify the district from claims resulting from the City's performance of said agreements. Enacted Number: 690-01 ADOPTED 011506 [Support AB 388, Industrial Hemp Bill] Supervisors Leno, McGoldrick, Maxwell, Gonzalez, Peskin Resolution urging the California State Assembly to support AB 388, the Industrial Hemp Bill sponsored by Assemblywoman Virginia Strom Martin. Enacted Number: 692-01 ADOPTED 011508 [Housing Authority Public Housing Application] Supervisors Yee, Gonzalez, Daly Resolution urging the San Francisco Housing Authority to have a formal and a verifiable public housing process in paper and multi-lingual with tracking numbers. Enacted Number: 698-01 ADOPTED 011509 [Commend - SF Healthy Children Community Collaboration] Supervisor Daly Resolution commending the San Francisco Healthy Children Community Collaboration for its community-based efforts to protect low-income young children 0-5 from preventable diseases and conditions. Enacted Number: 693-01 ADOPTED 011521 [Pedestrian Safety Working Group] Supervisor Ammiano Resolution establishing October 15, 2001 as the date of Pedestrian Safety and Street Resurfacing Working Group will provide its recommendations to the Board of Supervisors and the San Francisco County Transportation Authority and adding one citywide member with expertise in pedestrian safety appointed by the President of the Board of Supervisors. Enacted Number: 694-01 ADOPTED 011523 [Supporting the Historic Homeownership Assistance Act of 1999] Supervisors Peskin, Gonzalez Resolution supporting the Historic Homeownership Assistance Act of 1999 (H.R. 1172), and urging the immediate passage of this Act by Congress and its enactment by President George W. Bush. Enacted Number: 695-01 ADOPTED 011524 [Commendation] Supervisor Sandoval Resolution commending Hoy Ping Benevolent Association on their Ninetieth Anniversary. Enacted Number: 696-01 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin Absent: 3 - Newsom, Sandoval, Yee Severed from Adoption Without Committee Reference 011505 [Voting Rights to Citizens of Washington, D.C.] Supervisors Gonzalez, Daly, Maxwell Resolution urging the United States of Congress to recognize the District of Columbia's constitutional right to basic democracy, through voting representatives, by granting full voting rights to the citizens of the District of Columbia. 8/20/01 - Supervisor Peskin moved to amend by adding a further resolved clause to send a copy of the resolution to the San Francisco Congressional representatives. AMENDED. ADOPTED AS AMENDED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin Absent: 3 - Newsom, Sandoval, Yee 011507 [Unified School District Use of Prop A Bonds] Supervisor Yee Resolution urging the San Francisco Unified School District to honor their explicit promise to the voters of the City and County of San Francisco and the Board of Supervisors before they receive the remaining portion of the 1997 Proposition A Bonds. REFERRED to the Neighborhood Services and Parks Committee. IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda.For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7.A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Leno, seconded by Supervisor Daly, moved. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin Absent: 3 - Newsom, Sandoval, Yee [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. [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 Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin Absent: 3 - Newsom, Sandoval, Yee Imperative Resolution 011535 [Commendation] Supervisors Daly, Leno Resolution commending Philippine News on their 40th anniversary of publication. Enacted Number: 678-01 ADOPTED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin Absent: 3 - Newsom, Sandoval, Yee OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances None Resolutions 011536 [Office of Public Power] Supervisor Hall Resolution urging the Mayor to create an Office of Public Power within the Public Utilities Commission charged with the responsibility of securing expeditiously reliable and affordable electric power for San Francisco residents and businesses, including City Departments, and urging the State of California to cooperate with the San Francisco Public Utilities Commission by facilitating the purchase of low cost electricity. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011537 [School Bus Retrofit Program] Supervisors Leno, Maxwell, McGoldrick, Daly, Peskin Resolution urging the San Francisco Unified School District to pursue the Bay Area Air Quality Management District's school bus retrofit program which covers the cost of installing particulate traps on existing diesel busses. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011538 [Passage of Senate Joint Resolution 17] Supervisors Leno, Maxwell, McGoldrick Resolution urging United States Senate passage of Senate Joint Resolution 17 repealing President George W. Bush's restoration of the Mexico City Policy. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011539 [Rail-Volution Days in S.F.] Supervisors Peskin, Ammiano, Daly Resolution commending Rail-Volution for its forum to build livable communities with transit-oriented development and smart growth and declaring September 13, 2001 through September 16, 2001 Rail-Volution Days in San Francisco. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011540 [Censuring Nancy Ho Belli] Supervisor Peskin Resolution censuring Nancy Ho Belli, member of the San Francisco Landmarks Preservation Advisory Board, for her negligent ownership of two adjacent buildings at 720-728 Montgomery Street, requesting that Mayor Brown remove Ms. Ho Belli from the Landmarks Advisory Board, and requesting that the District Attorney institute legal proceedings against Ms. Ho Belli, per Planning Code Section 1013(c)2. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011541 [US-Japan Peace Treaty] Supervisors Yee, Ammiano, Daly Resolution urging the government of Japan, on the 50th anniversary of the US-Japan Peace Treaty, to apologize for its wartime atrocities and provide just compensation for the surviving victims of its aggression. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011542 [National Parks and Public Employees] Supervisors Yee, McGoldrick, Daly Resolution urging the National Parks to acknowledge the rights of public employees to have union representation and the right to bargain over wages and job conditions with their employers. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011543 [Bicycle Arrow Pavement Markings] Supervisor Yee Resolution supporting the Department of Parking and Traffic in the utilization of bicycle arrow pavement markings and urging the California Traffic Control Devices Committee to approve these markings as an official traffic control device. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 011544 [Calculation of Attrition Savings] Supervisor Gonzalez Hearing related to the calculation of attrition savings in department budgets and the filling of vacant positions. 8/20/01, RECEIVED AND ASSIGNED to Finance Committee. 011545 [Use of Diesel School Buses for SFUSD] Supervisor Maxwell Hearing on the use of diesel school buses for the San Francisco Unified School District, and opportunities to switch to alternative fuel vehicles. (Los Angeles Unified School District as a case study of a district that is converting their fleet from diesel fuel to compressed natural gas (CNG)). 8/20/01, RECEIVED AND ASSIGNED to City and School District Committee. Sponsor requests this item be scheduled for consideration at the September 26, 2001 meeting. Motions 011533 [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. 8/20/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011534 [Rebuttal Argument - Redistricting] Supervisor Daly Motion authorizing rebuttal to opponent's ballot argument against Proposition G, a Charter Amendment regarding Redistricting. 8/20/00, RECEIVED AND ASSIGNED to Rules Committee. 011546 [Committee Report Requirements] Supervisor Daly Motion amending Rule 3.8 of the Board of Supervisors to clarify Committee Report requirements. 8/20/01, RECEIVED AND ASSIGNED to Rules Committee. 011547 [Audit, Homeless Services] Supervisor Daly Motion requesting the Controller and directing the Budget Analyst to prepare a management audit of the City's homeless programs. 8/20/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 011548 [Legislative Analyst Request] Supervisor Daly Motion asking the Legislative Analyst to study and report on meeting schedules and preparation of the other 57 Boards of Supervisors in California counties. 8/20/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration August 27, 2001. 011549 [Legislative Analyst Request] Supervisors Gonzalez, Hall Motion asking the Legislative Analyst to prepare a report detailing the policies and practices employed by other counties related to the calculation of attrition savings in department budgets and the filling of vacant staff positions. 8/20/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration August 27, 2001. 011550 [Legislative Analyst Request] Supervisor Maxwell Motion asking the Legislative Analyst to research ways in which the City and County of San Francisco can increase its number of bilingual police officers and police support staff; to provide information on how other cities and counties have sought to address this issue, such as through salary bonuses and other incentives, targeted recruitment programs, or other policies or programs. 8/20/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration August 27, 2001. Introduced by the President at the Request of Departments PROPOSED ORDINANCES None PROPOSED RESOLUTIONS 011443 [One-year extension for occupancy of Anthony and Jessie Streets during construction operations at 560 Mission Street] Resolution granting revocable permission to Turner Construction Company for a one-year extension to temporarily close and occupy a portion of the sidewalk and parking lane on the easterly side of Anthony Street, between Mission and Jessie Streets, and a portion of the street area on Jessie Street during construction operations at 560 Mission Street (Block 3708, Lots 015, 017 & 018). (Public Works Department) 8/8/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 011492 [State Grant for Homeless Shelter Services at 1101 Polk Street-] Resolution authorizing the Department of Human Services to accept and expend a forgivable loan in the amount of $496,544 from the California Department of Housing and Community Development Emergency Housing Assistance Program (EHAP) to make crucial improvements at Multi-Service Center North (1101 Polk Street), which provides homeless shelter services. (Human Services Department) 8/9/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 011493 [Federal grant for Clean Air Program] Supervisor Leno Resolution authorizing the Department of Environment and Department of Administrative Services to accept and expend a grant in the amount of $150,000 from the United States Department of Energy (DOE) for the purpose of providing rebates to subsidize the purchase of alternative fuel vehicles. (Administrative Services Department) 8/15/01, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 011520 [Expend DOC Beverage Container Recycling Payment] Resolution authorizing the City Administrator to expend a $230,484 payment from the Department of Conservation (DOC) for fiscal year 2000/2001. (Administrative Services Department) 8/15/01, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 011529 [Installation of disability access ramps to provide access to 1 Tillman Place] Resolution granting revocable permission to Grace W. C. and Simon B. L. Chang to occupy a portion of the street to install disability access ramps to provide access to 1 Tillman Place. (Public Works Department) 8/14/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011525 [Appropriation Limit for Fiscal Year 2001-02] Resolution establishing the appropriations limit for fiscal year 2001-02 pursuant to California Constitution Article XIII B. (Controller) 8/15/01, RECEIVED AND ASSIGNED to Finance Committee. 8/21/01, SUBSTITUTED. Substituted by Controller 8/21/01 bearing same title. 8/21/01, ASSIGNED to Finance Committee. Requests Granted From: Supervisor Ammiano To: Budget Analyst Requesting/Inquiring: To develop a proposed scope of work for an independent review of the recent garbage rate increase, a comparison of local residential garbage rates with regional rates and a comparison of local commercial garbage rates with regional rates. From: Supervisor Daly To: Executive Director, Department of Parking and Traffic Requesting/Inquiring: To inform the Board on the progress of bicycle lanes on 7th Street; and to provide suggestions and comments on strategies to improve safety at the intersection of 13th Street and South Van Ness Avenue. From: Supervisor Daly To: Chief, Police Department Requesting/Inquiring: To update the Board of Supervisors on the investigation of the incident at the intersection of 13th Street and South Van Ness Avenue involving the death of cyclist Carmen Murillo. From: Supervisor Daly To: Chief, Police Department Requesting/Inquiring: To provide a discussion of contacts between the Police Department and Coleman Advocates for Children & Youth, and Police Department and KTB Management Group (e.g. Yerba Buena Gardens) regarding dancehall permits. From: Supervisor Daly To: City Attorney Requesting/Inquiring: To provide a written opinion on the enforcement of Police Code Sections 1023-1029 with regard to a dance held in a church and outdoor public events in Yerba Buena Gardens. From: Supervisor Daly To: Director, Port To: Director, Redevelopment Agency To: Director, Arts Commission Requesting/Inquiring: That the Directors of the Port, Redevelopment Agency and Arts Commission comment on the progress of the Rincon Park Development. From: Supervisor Gonzalez To: City Attorney Requesting/Inquiring: To draft legislation requiring vacant staff positions to be filled by city departments within 120 In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Digna Emerita Lezama (Supervisor Sandoval) Richard Joseph Janese (Supervisor Hall) ADJOURNMENT There being no further business, the Board at the hour of 7:29 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 August 9, 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. Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. 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 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