Board of Supervisors Minutes: October 15, 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, October 15, 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 Sandoval, Daly - 2. Quorum present. Supervisor Sandoval was noted present at 2:02 p.m. SupervisorDaly was noted present at 2:03 p.m. APPROVAL OF MEETING MINUTES Supervisor Leno, seconded by Supervisor Newsom, moved to approve the August 27, 2001 Meeting Minutes. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee AGENDA CHANGES COMMUNICATIONS Presentation by Dr. Sandra Nathan, Executive Director, Department of Aging and Adult Services. Rick Zawadski from RTZ Associates gave an overview of work being done with the Department of Aging and Adult Services. Introduction of Guests Supervisor Daly introduced, welcomed and presented a commendation to Conrad del Rosio. President Ammiano introduced Mrs. Jacobson and stated that a pre-cancer , Avon breast cancer screening was held at San Francisco General Hospital on October 9, 2001. Supervisor Newsom introduced, welcomed and presented a commendation on behalf of the San Francisco Fire Department to Chief Trevino, San Francisco Fire Department . Lt. Patrick Gardner and Kevin Solis, San Francisco Fire Department. CONSENT AGENDA Items 1 through 10 Recommendations of the Audit, Labor and Government Efficiency Committee 011614 [Settlement of Legal Proceeding] Ordinance authorizing settlement of an administrative penalty conditionally imposed by the Department of Public Works on Adesta Communications, Inc. (City Attorney) PASSED, ON FIRST READING 011670 [Settlement Of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Desiree Hamaoui against the City and County of San Francisco for $60,000; the lawsuit was filed on September 20, 2000, in San Francisco Superior Court, Case No. 315-230; entitled Desiree Hamaoui v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 011717 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Otto Arndt and Karl Heinz Arndt against the Estate of Zygmunt Arendt for payment of $950,000 plus federal or state estate taxes, if any, to the contestants from the Estate of decedent Zgymunt Arendt; the lawsuit was filed on October 28, 1998 in San Francisco Superior Court, Case No. 270331; entitled Otto Arndt and Karl Heinz Arndt v. Ricardo Hernandez. (City Attorney) PASSED, ON FIRST READING 011739 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Claude Reissner against the City and County of San Francisco for $150,000.00; the lawsuit was filed on 6/27/00 in United States District Court, Northern District, Case No. C00-1739(SBA); entitled Claude Reissner, et al., v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 010828 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Khary Butler against the City and County of San Francisco for $50,000.00; the lawsuit was filed on March 19, 1998 in San Francisco Superior Court, Case No. 993-756; entitled Khary Butler, et al., v. City and County of San Francisco, et al; there are no other material terms to said settlement. (City Attorney) PASSED, ON FIRST READING 011668 [Contingent Fee Agreement in Qui Tam Case re Substandard Waterworks Parts] Supervisor Leno Resolution approving Contingency Fee Agreement in California ex rel. Nora Armenta v. James Jones Co., et al. (Los Angeles Superior Court No. BC 173487). (City Attorney) Enacted Number: 793-01 ADOPTED Recommendation of the Housing, Transportation and Land Use Committee 011555 [Changing Official Width of Sidewalk] Ordinance No. 1061 entitled"Regulating the Width of Sidewalks" is amended by adding thereto Section No. 1551 Changing the Official Sidewalk Width on a Portion of Front Street between Sacramento and California Streets, as shown on Department of Public Works drawing labeled Q-20-514 and making findings pursuant to City Planning Code Section 101.1. (Public Works Department) Enacted Number: 210-01 FINALLY PASSED Recommendation of the Public Health and Environment Committee 011725 [Estimating Unmet Need for Primary Care] Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into a subcontract agreement in the amount of $20,000 with the Regents of the University of California, AIDS Research Center (UCARC) to collaborate in efforts to assess unmet needs for primary care by persons receiving AIDS services in San Francisco; for the period of April 10, 2001 to April 9, 2002. (Public Health Department) Enacted Number: 799-01 ADOPTED Recommendation of the Rules Committee 011603 [Appointment] Resolution appointing Richard Charles Shadoian, Barbara Meskunas, Vito Corcia, and Melissa Dodd, terms to be determined, to the Citizens Advisory Committee on Elections. (Clerk of the Board) Richard Charles Shadoian, new position, seat 1, must be a registered San Francisco voter with an interest and knowledge in the elections process, and show a commitment to fair and impartial elections (must also be nominated by a citizens group interested in civic participation and/or fair elections), for a new four-year term (ending date to be determined via drawing); Barbara Meskunas, new position, seat 2, must be a registered San Francisco voter with an interest and knowledge in the elections process, and show a commitment to fair and impartial elections (must also be nominated by a citizens group interested in civic participation and/or fair elections), for a new four-year term (ending date to be determined via drawing); Vito Corcia, new position, seat 3, must be a registered San Francisco voter with an interest and knowledge in the elections process, and show a commitment to fair and impartial elections, for a new four-year term (ending date to be determined via drawing); Melissa Dodd, new position, seat 4, must be a registered San Francisco voter with an interest and knowledge in the elections process, and show a commitment to fair and impartial elections, for a new four-year term (ending date to be determined via drawing). Enacted Number: 789-01 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 011565 [Settlement of Claim] Resolution approving settlement of the unlitigated claim of the United States Environmental Protection Agency in an amount not to exceed $180,000 for payment of costs of responding to contamination at Casmalia Resources Hazardous Waste Disposal Site. (City Attorney) 10/15/01 -Amended.Supervisor Peskin moved to amend on Page 1, line 25 to delete "Public Utilities Commission: 42%". AMENDED. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Audit, Labor and Government Efficiency Committee 011167 [MTBE Purchase Ban] Supervisors Newsom, Daly, McGoldrick, Sandoval, Leno, Peskin, Maxwell Ordinance amending San Francisco Administrative Code by adding Chapter 12S prohibiting the bulk purchase of gasoline and/or other motor vehicle fuel containing MTBE by City Departments, effective January 1, 2002. (Fiscal impact.) 10/15/01 - Supervisor Newsom, seconded by Supervisor Leno moved to amend on Page 1, line 21 by deleting "There are available alternative oxygenates, such as ethanol, which may be used in place of MTBE in compliance with the federal Clean Air Act, and provide equivalent air quality benefits".On Page 2, line 2, replace "development and marketing of alternative oxygenates" with "marketing of non MTBE gasoline". AMENDED. PASSED ON FIRST READING AS AMENDED 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 010778 [Campaign and Governmental Conduct Code, Mass Mailings] Supervisors Leno, Newsom, Peskin, Maxwell Ordinance amending Article I, Chapter 1 of the San Francisco Campaign and Governmental Conduct Code by adding Section 1.161 to require candidates who pay for mass mailings to identify themselves on the mailings with a "paid for by" designation, and file a copy of the mass mailing along with an itemized disclosure statement with the San Francisco Ethics Commission. Enacted Number: 211-01 FINALLY PASSED 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 011114 [Zoning Map Amendment, 525 Golden Gate] Supervisor Ammiano Ordinance amending Zoning Map Sheet 2H of the City and County of San Francisco for property located at 525 Golden Gate Avenue, Lot 1 in Assessor's Block 766, to change the height district classification from 130E to 200L; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the eight Priority Policies of Planning Code Section 101.1. Enacted Number: 208-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Daly 011115 [GeneralPlan Amendment, 525 Golden Gate] Supervisor Ammiano Ordinance amending the San Francisco General Plan in connection with approval of a City Administrative Building; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the eight Priority Policies of Planning Code Section 101.1. (Planning Commission Resolution #16212 adopting findings pursuant to CEQA dated 8/23/01; Planning Commission Resolution #16213 adopting General Plan amendment findings dated 8/23/01; Planning Commission Resolution #16214 adopted 8/23/01 recommending the proposed amendment; Planning Commission Resolution #16215 adopted 8/23/01 amending the Urban Design Element of the General Plan; Planning Commission Resolution #16216 adopting findings that the shadow impact will be insignificant.) (9/24/01 in Board:Supervisor Ammiano submitted a substitute ordinance bearing same title.) (Supervisor Daly dissenting in Committee.) Enacted Number: 209-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Daly Recommendation of the Neighborhood Services and Parks Committee 011410 [Loitering At or Near Automatic Public Toilets] Supervisor Hall Ordinance amending Part II, Chapter VIII, Article 2 of the San Francisco Municipal (Police) Code by adding Section 124-124.6 to prohibit more than one person from entering or remaining in an automatic public toilet at one time and to prohibit loitering at or near automatic public toilets. 10/15/01 - Supervisor Leno, seconded by Supervisor Newsom moved to amend to change "20 feet" to "10 feet" wherever it appears. AMENDED. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 9 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 2 - Daly, Gonzalez NEW BUSINESS Recommendation of the Audit, Labor and Government Efficiency Committee 011619 [MOU Amendment No. 1,Automotive Machinists Local 1414] Ordinance adopting and implementing Amendment No. 1 to the 2001-2003 Collective Bargaining Agreement between the Automotive Machinists, Local 1414 and the City and County of San Francisco by amending Article III.C., part 6, correcting a clerical error by deleting the Standby Pay provision. (Human Resources Department) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Finance Committee 011566 [Sewer Emergency] Resolution approving the expenditure of funds in the amount of $272,846 to construct a new sewer on Tennessee Street from Cesar Chavez Street to midway toward 26th Street and on Cesar Chavez Street from 3rd Street to Tennessee Street. (Public Utilities Commission) (Fiscal impact.) Enacted Number: 788-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Appointment of President Pro Tempore At the request of the President, Supervisor Daly assumed the Chair so the President could participate in the debate from the floor concerning the following item. 011642 [Pedestrian Safety and Street Resurfacing General Obligation Bonds] Supervisors Ammiano, Sandoval, Maxwell Resolution determining and declaring that the public interest and necessity demand the financing of street resurfacing, curb ramp construction, sidewalk improvement and street structure improvement projects and all other aspects necessary or convenient for the foregoing purposes, that the estimated cost of $150,000,000 is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness. (Supervisor Gonzalez dissenting in Committee.) (Fiscal impact.) Fails adoption by the following vote: Ayes: 7 - Ammiano, Daly, Leno, Maxwell, McGoldrick, Peskin, Sandoval Noes: 4 - Gonzalez, Hall, Newsom, Yee 011649 [Agreement to convey former Central Freeway Parcels to Redevelopment Agency] Mayor Resolution approving and authorizing an agreement with the Redevelopment Agency of the City and County of San Francisco for the sale and grant of an option to purchase certain real property formerly occupied by the Central Freeway for the purpose of affordable housing; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's general plan and eight priority policies of City Planning Code section 101.1; and authorizing the Director of Property to execute documents and take certain actions in furtherance of this resolution. (Mayor) Supervisor Peskin, seconded by Supervisor Leno moved to continue to October 22, 2001. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011650 [Agreement to sell and exchange former Centeral Freeway parcels] Mayor Resolution approving and authorizing agreements for the sale at fair market value and for the exchange of certain real property formerly occupied by the Central Freeway; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's general plan and eight priority policies of City Planning Code section 101.1; and authorizing the Director of Property to execute documents and take certain actions in furtherance of this resolution. (Mayor) 10/15/01 - Supervisor Peskin, seconded by Supervisor McGoldrick moved to amend on Page 5, line 6, after "City" insert "and increase the amount of land". AMENDED. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011651 [Development strategy and issuance of RFPs] Mayor Resolution endorsing the strategy for development of certain real property formerly occupied by the Central Freeway and the issuance of requests for proposals. (Mayor) Enacted Number: 791-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011664 [Acquisition - Noise Easements] Resolution authorizing the acquisition of seventy (70) noise easements for sixty nine(69) properties in South San Francisco and one (1) in the unincorporated area of the County of San Mateo as part of the San Francisco Airport's Noise Insulation Program. (Real Estate Department) Enacted Number: 792-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011669 [Public Utilities Commission Land Exchange] Resolution approving an exchange of pipeline easement land with Hayward-Oliver Owners, LLCrelated to property located in the City of Hayward, County of Alameda, State of California, and authorizing the quitclaim of the interest of the City and County of San Francisco in a strip of land 20 feet wide located along the westerly side of an existing easement area, in exchange for a grant of easement rights in a similar strip of land 20 feet wide located along the easterly side of the existing easement area plus certain additional surface use rights to City, and adopting findings pursuant to City Planning Code Section 101.1. (Real Estate Department) Enacted Number: 794-01 ADOPTED 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 011724 [State Grant - Supportive Housing Initiative Act] Supervisor Leno Resolution authorizing the Department of Human Services to accept retroactively and expend a grant in the amount of $3,000,000 from the California Department of Mental Health Supportive Housing Initiative Act. (Human Services Department) Enacted Number: 798-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Rules Committee 011674 [Appointment] Resolution appointing Supervisor Aaron Peskin, term ending January 31, 2003, to the Mental Health Board. Supervisor Aaron Peskin, succeeding Sue Bierman, seat 17, must be a member of the Board of Supervisors, for a new two year term ending January 31, 2003. Supervisor Leno, seconded by Supevisor Hall moved to excuse Supervisor Peskin. Enacted Number: 795-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Sandoval, Yee Excused: 1 - Peskin 011711 [Appointment] Resolution appointing Supervisor Leland Yee, term ending November 28, 2002, as a member to the California State Association of Counties Board of Directors. Supervisor Leno, seconded by Supervisor Peskin moved to excuse Supervisor Yee. Enacted Number: 796-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Excused: 1 - Yee 011712 [Appointment] Resolution appointing Supervisor Jake McGoldrick, term ending November 28, 2002, as an alternate member to the California State Association of Counties Board of Directors. Supervisor Leno, seconded by Supervisor Yee moved to excuse Supervisor McGoldrick. Enacted Number: 797-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee Excused: 1 - McGoldrick 011728 [Nomination of County Veterans Service Officer] Resolution confirming the nomination of Lt. Col. Wallace Levin, CSMR (Ret.) as County Veterans Service Officer. (Adult and Aging Services) Enacted Number: 800-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 1 - McGoldrick 011477 [Amending Agreement with Budget Analyst - Performance Audit] Supervisor McGoldrick Motion amending the Agreement for Professional Budget Analyst Services between the City and County of San Francisco and Stanton W. Jones and Associates; Debra A. Newman; Rodriguez, Perez, Delgado & Company Certified Public Accountants; Harvey M. Rose Accountancy Corporation Certified Public Accountants, and Louie & Wong LLP Certified Public Accountants "A Joint Venture" to provide for an expanded level of Budget Analyst services during Fiscal Year 2001-2002 to conduct a performance audit of the Planning Department, to be completed by April 15, 2002. Enacted Number: M01-152 APPROVED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011479 [Amendment to Budget Analyst Contract to Exercise Two-Year Option] Motion approving exercising the second option set forth in the agreement for professional budget analyst services between the Board of Supervisors and Stanton W. Jones and Associates/Debra A. Newman/Rodriguez, Perez, Delgado & Company Certified Public Accountants/Harvey M. Rose Accountancy Corporation Certified Public Accounts/Louie & Wong LLP Certified Public Accountants - a Joint Venture, to extend the term of the Agreement from January 1, 2002 to December 31, 2003. (Clerk of the Board) Enacted Number: M01-153 APPROVED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 011730 [Hearing - Ground Lease of Redevelopment Agency Land for Namiki Apartments] Hearing of persons interested in or objecting to proposed resolution approving the Redevelopment Agency of the City And County of San Francisco's lease of land at Assessor's Block 675, Lot 49, commonly known As 1776 Sutter Street, to Namiki Apartments, L.P., for 50 Years for the purpose of preserving a housing development for very low and low income households. (Clerk of the Board) Alison Lee, Housing Manager, Redevelopment Agency; Female speaker, in support of project; Susan Wong, Director, Chinatown Community Development Corporation. 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. Committee of the Whole Rise and Report Without Recommendation From Redevelopment Agency 011731 [Ground Lease of Redevelopment Agency Land for Namiki Apartments] Mayor Resolution approving the Redevelopment Agency of the City And County of San Francisco's lease of land at Assessor's Block 675, Lot 49, commonly known as 1776 Sutter Street, to Namiki Apartments, L.P., for 50 Years for the purpose of preserving a housing development for very low and low income households. (Mayor) Enacted Number: 786-01 ADOPTED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Yee Absent: 2 - McGoldrick, Sandoval PUBLIC COMMENT Rose Pak, opposed to Falun Gong; Alicia Jorvol, supports Falun Gong; Male speaker, opposed to Falun Gong; Male speaker, supports Falun Gong; Lian Nemar, opposedto Falun Gong; Sheri Jung, supports Falun Gong; Sam Lew, opposed to Falun Gong; Stephanie Nemack, opposed to Falun Gong; Bong Chiu, opposed to Falun Gong; Female speaker, supports Falun Gong; Jaing Lee, opposed to Falun Gong; Male speaker, supports Falun Gong; Albert Chin, opposed to Falun Gong; Female speaker, supports Falun Gong; Dejong Wong, opposed to Falun Gong; Abdalla Megahed, homelessness. CLOSED SESSION THREAT TO PUBLIC SERVICES OR FACILITIES 011769 [Closed Session - Potential Threats to Public Services] Supervisor Leno Motion that the Board of Supervisors convene in closed session with Chief of Police Lau, Fire Chief Trevino, Sheriff Hennessey, and the Airport and Water Departments to discuss potential threats to public services or facilities. This closed session would be permitted by Government Code Sections 54954.5 and 54957 and the San Francisco Administrative Code Sections 67.8(a)(4) and 67.10(a). Supervisor Leno, seconded by Supervisor Newsom moved to continue to October 22, 2001, Special Order at 5:00 p.m. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference.A unanimous vote is required for adoption of a resolution today.Any Supervisor may require any resolution to go to committee. Items 36through 51 011803 [Supporting Bargaining Goals of the California Faculty Association] Supervisor Ammiano Resolution supporting the bargaining goals of the California Faculty Association in their current troubled negotiations with the California State University. Enacted Number: 801-01 ADOPTED 011804 [Artwork Honoring Harvey Milk] Supervisors Gonzalez, Leno, Ammiano, Maxwell, Sandoval, Daly, Peskin, Newsom, Yee, McGoldrick, Hall Resolution urging the Arts Commission to solicit and the City Hall building manager to determine an appropriate location for the installation of a permanent piece of artwork honoring Supervisor Harvey Milk in San Francisco City Hall. Enacted Number: 802-01 ADOPTED 011805 [Barry Bonds Day] Supervisors Hall, Daly Resolution proclaiming October 27, 2001 "Barry Bonds Day" in the City and County of San Francisco. Enacted Number: 803-01 ADOPTED 011806 [Urging Enactment of SB 71] Supervisors Leno, Peskin, Newsom Resolution urging California Governor Gray Davis to sign SB 71, Senator John Burton's Worker's Compensation bill. Enacted Number: 813-01 ADOPTED 011807 [Urging High Speed Rail Authority] Supervisors Leno, Maxwell Resolution endorsing the Caltrain Corridor Alignment and Transbay Terminal Station for program-level environmental review by the California High Speed Rail Authority, supporting completion of the ProgramEnvironmental Impact Report/Environmental Impact Statement (EIR/EIS), and urging the California High Speed Rail Authority to work with the City and County of San Francisco and other agencies to identify and evaluate alternatives for a new Transbay Intercity Rail Crossing and direct San Francisco-Oakland-Sacramento High Speed Rail service. Enacted Number: 804-01 ADOPTED 011808 [Endorsing California Passenger Rail 20 Year Plan] Supervisors Leno, Maxwell Resolution endorsing the California Passenger Rail 20-Year Improvement Plan. Enacted Number: 805-01 ADOPTED 011809 [Establishing a City Contracting Task Force] Supervisor Maxwell Resolution establishing a City Contracting Task Force to review and make recommendation to the Board on possible legislative and budgetary actions relating to the City's policies and practices regarding contracting vital human health, safety, and affordable housing services with non-profit organizations. Enacted Number: 806-01 ADOPTED 011810 [USDA Resource Conservation and Development Program] Supervisor Maxwell Resolution co-sponsoring an application to the USDA Resource Conservation and Development program (RC&D) for the City and County of San Francisco. Enacted Number: 807-01 ADOPTED 011811 [Recognizing San Francisco Neighborhood Merchants] Supervisors Yee, Newsom Resolution establishing the ongoing recognition of San Francisco's Neighborhood Merchants contributions to the economy and employment opportunities for San Francisco residents. Enacted Number: 808-01 ADOPTED 011812 [Commending - Jack Hirschman] Supervisors Gonzalez, Peskin, Newsom Resolution commending and congratulating Jack Hirschman on his many accomplishments and on the occasion of his 68th birthday, December 13, 2001. Enacted Number: 809-01 ADOPTED 011813 [Commending - Barry Lamar Bonds] Supervisors Newsom, Daly Resolution commending San Francisco Giants team member, Barry Lamar Bonds, for his recent record breaking year, and specifically for breaking the single season home run record. Enacted Number: 810-01 ADOPTED 011787 [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. (Clerk of the Board) Enacted Number: M01-154 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 for Adoption Without Committee Reference 011754 [Community Courts Working Group] Supervisors Newsom, Daly, McGoldrick Resolution creating a Community Courts Working Group to be comprised of various stakeholders with the charge of making recommendations to the Mayor and the Board of Supervisors and setting forth the membership and duties of the working group. Supervisor Newsom moved to continue to October 29, 2001. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011814 [Commending - Department of Elections] Supervisor Sandoval Resolution commending the Department of Elections for holding its Midnight Madness Event on October 9, 2001 to encourage voter participation in the election process. Enacted Number: 811-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011835 [Falun Gong Practitioners] Supervisor Daly Motion directing the Clerk of the Board to send a statement to the Consul General of China expressing the Board of Supervisors' deep concern about human rights abuses of Falun Gong practitioners. NOTapproved by the following vote: Ayes: 3 - Ammiano, Daly, Gonzalez Noes: 8 - Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011840 [Budget Analyst Update of 1994 on Homeless Population] Supervisor Newsom Motion directing the Office of the Budget Analyst to update its 1994 Report on the cost of direct services provided to the homeless population in the City and County of San Francisco. Supervisor Daly, seconded by Supervisor Newsom moved to refer to Committee. REFERRED to the Audit, Labor and Government Efficiency 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. [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 011868 [MOU - Fire Fighters, Local 798, Unit 2] Mayor, Supervisors Daly, Newsom, Ammiano, Leno, Peskin Ordinance adopting and implementing the provisions of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO Unit 2 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor) (Fiscal impact.) 10/15/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 011843 [MOU -Fighters, Local 798, Unit 1] Mayor, Supervisors Daly, Newsom, Ammiano, Leno, Peskin Ordinance adopting and implementing the provisions of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO Unit 1 and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor) (Fiscal impact.) 10/15/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 011844 [Reporting Late Campaign Contributions] Supervisor Leno Ordinance amending Article 1 of the San Francisco Campaign and Governmental Conduct Code by amending Section 1.104 to define the term "late contribution," and amending Section 1.152 to require both late contributors and the recipients of late contributions report late contributions within 24 hours of the time the contributions are made or received. 10/15/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/14/2001. 011845 [Repeal Police Code Sections] Supervisor Leno Ordinance amending the San Francisco Police Code to repeal the following provisions thereof:Sections 6, 7, 12, 51.1, 51.2, 92, 93, 94, 115, 141, 142, 147, 152, 168, 169, 170, 171, 176, 177, 182, 183, 193, 194, 199, 205, 210, 215, 231, 241, 242, 243, 244, 245, 246, 247, 248, 265, 266, 270, 271, 272, 299, 300, 305, 310, 315, 320, 748, 764, 765 and 776. 10/15/01, ASSIGNED UNDER 30 DAY RULE to Neighborhood Services and Parks Committee, expires on 11/14/2001. 011846 [Immigrant Rights Commission] Supervisor Hall Ordinance amending the San Francisco Administrative Code by amending Section 5.201 to require that at least one member of the Immigrant Rights Commission be proficient in a language in which a City department is required to provide written translated materials pursuant to the Equal Access to Services Ordinance. 10/15/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/14/2001. 011847 [Prohibiting former members of Board of Supervisors from lobbying] Supervisors Peskin, Ammiano, Gonzalez, Newsom, Daly Ordinance amending San Francisco Campaign and Governmental Conduct Code by adding Section 3.545 to prohibit former members of the Board of Supervisors from lobbying any governmental body, officer, employee, appointee or representative of the City and County for two years after leaving office. 10/15/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/14/2001. 011848 [New Deadline for Submission of Budget to Board of Supervisors] Supervisors McGoldrick, Daly Ordinance amending Administrative Code Sections 3.3 and 3.4 to require the Mayor to submit the proposed budget to the Board of Supervisors by April 30 for the 2002-2003 budget, and by February 28 of each year for subsequent budgets, and revising the deadlines for City departments to submit budgets to the Controller, and for the Controller to submit the consolidated budget to the Mayor, in order to reflect the new deadlines for submission to the Board of Supervisors. 10/15/01, RECEIVED AND ASSIGNED to Rules Committee. Resolutions 011849 [Street Artists - Temporary Spaces] Supervisors Ammiano, Peskin, Maxwell Resolution designating temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 2001, beginning on November 15, 2001 and ending on January 15, 2002. 10/15/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 011850 [Commending Congresswoman Nancy Pelosi] Supervisors Daly, Newsom, Leno Resolution commending Congresswoman Nancy Pelosi on the occasion of being elected Democratic Whip of the United States House of Representatives and extending the congratulations of the Board of Supervisors. 10/15/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 011851 [Mandatory Minimum Federal Sentencing Guidelines] Supervisor Gonzalez Resolution urging the United States Congress to repeal Mandatory Minimum Federal sentencing guidelines. 10/15/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 011852 [Emergency Coverage - Crystal Springs] Supervisor Yee Resolution urging the San Francisco Sheriff's Department and the San Francisco Public Utilities Commission to provide emergency coverage of the City's water supply at the Crystal Springs area. 10/15/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 011853 [Lifeline Transit Network] Supervisors Leno, Daly, Peskin Resolution supporting the creation of a regional lifeline transit network, urging the Metropolitan Transportation Commission (MTC) to complete the Lifeline Transit Network and fully fund its implementation in the Regional Transportation Plan (RTP) and urging MTC to adopt lifeline transportation measures for projects proposed for the Regional Transit Expansion Program (RTEP). 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011854 [Transgender Resource Center] Supervisor Leno Resolution supporting the creation of a transgender resource center by local non-profits who serve the lesbian, gay, bisexual and transgender communities. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011855 [Pesticide Product Labels] Supervisors Newsom, Leno Resolution urging the United States Environmental Protection Agency (US EPA) to require that manufacturers and registrants of pesticide products fully disclose all inert ingredients on pesticide product labels. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011856 [Emergency 911 Wireless Communication Regulations] Supervisor Newsom Resolution encouraging Thomas J. Surgrue, Chief of the Federal Communication Commission's (FCC) Wireless Telecommunications Bureau, to hold carriers, to the already established deployment schedule, to swiftly implement an accurate emergency location determination, in order for Emergency Medical Services (EMS) to achieve the short time intervals imperative to save lives. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011857 [Avon Foundation] Supervisors Peskin, Ammiano, Leno, Daly, Newsom, Maxwell Resolution recognizing the generous contribution of $10 million by the Avon Products Foundation to expand women's health services in San Francisco and commending the San Francisco General Foundation for attracting this generous gift. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011858 [Fisherman's Wharf Merchants Association] Supervisors Peskin, Leno, Newsom, Hall, Maxwell Resolution recognizing the unprecedented partnership between the Fisherman's Wharf Merchants Association and several City departments in refurbishing the Fisherman's Wharf area. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011859 [Grant - Recreation and Park Department] Supervisors Yee, Newsom Resolution authorizing the Recreation and Park Department to accept and expend a grant in the total amount of $50,000 from the California Integrated Waste Management Board for the South Sunset Playground improvement project. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011860 [Jennie A. Horn Day] Supervisor Yee Resolution proclaiming November 7, 2001 "Jennie A. Horn Day" in the City and County of San Francisco in honor of her retirement from the San Francisco Unified School District. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011861 [Margaret Garza Wells Day] Supervisor Yee Resolution proclaiming November 7, 2001 "Margaret Garza Wells Day" in the City and County of San Francisco in honor of her retirement from the San Francisco Unified School District. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011862 [Tourism Stimulus] Supervisor McGoldrick Resolution calling on the Mayor to pursue state funds to stimulate the local tourism economy; and inviting officials of major Asian cities to visit San Francisco. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011863 [Commendation] Supervisor Maxwell Resolution commending Senator Martha Escutia on the passage of her bill SB 702, California Environmental Health Tracking System, to track links between chronic disease and the environment. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011864 [Commendation] Supervisors Newsom, Leno Resolution commending the Precita Eyes Mural Arts and Visitors Center for providing 25 years of Community Mural Arts in the City and County of San Francisco, and its most recent mural project, The Flower Inside Us Grows. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011865 [Commendation] Supervisor Sandoval Resolution commending Carlos Moreno on his appointment to the California Supreme Court. 10/15/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 011866 [Staff Vacancies at the Dept. of Public Health] Supervisor Gonzalez Hearing related to ongoing staff vacancies at the Department of Public Health. 10/15/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. Motions 011867 [Legislative Analyst Request] Supervisor Newsom Motion requesting the office of the Legislative Analyst to conduct a report on trash receptacles and the use of best practices in other cities. 10/15/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration October 22, 2001. Introduced by the President at the Request of Departments PROPOSED ORDINANCES PROPOSED RESOLUTIONS 011827 [Lease with Japan Airlines Company, Ltd.] Resolution approving and authorizing the execution of a Lease with Japan Airlines Company, Ltd., for space in Plot 50B-1 Cargo Building. (Airport Commission) 10/9/01, RECEIVED AND ASSIGNED to Finance Committee. 011828 [Public Utilities Commission State Loan] Resolution amending Resolution 720-99, which authorized the Public Utilities Commission to apply for and enter into loan agreements not to exceed $50 million for the reimbursement of prior expenditures incurred for the construction of the Islais Creek/Rankin Street Transport Storage Facilities and to apply such reimbursed monies to defease certain bonds of the Clean Water Enterprise, to also authorize the application of a portion of such reimbursed monies to fund certain capital projects of the Clean Water Enterprise. (Public Utilities Commission) 10/9/01, RECEIVED AND ASSIGNED to Finance Committee. 011829 [Grant - Substance Abuse Services] Supervisors Leno, Newsom, Peskin Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $1,105,000 from the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Center for Substance Abuse Treatment (CSAT), for the period of August 1, 2001, to July 31, 2002. (Public Health Department) 10/9/01, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Department requests this item be calendared at the October 23, 2001 meeting. Requests Granted From: Supervisor Hall To: Director, Ethics Commission Requesting/Inquiring: What program does the Ethics Commission have for distributing its notices to various San Francisco groups? From: Supervisor Maxwell To: Director, Department of Public Health Requesting/Inquiring: To report on the following: 1. Does the Department of Public Health currently have a tracking system to document links between chronic disease and environmental health hazards?If so, how does this tracking system work? 2. By 2003, California will have in place a statewide system to document possible links between environmental health hazards and chronic diseases.Will the Department of Public Health be prepared to participate and assist the state with this project? From: Supervisors Newsom, McGoldrick To: Chief, Police Department To: Director, Department of Public Works To: Director, Department of Human Services To: Director, Department of Public Health Requesting/Inquiring: That the Chief of Police and the Directors of the Department of Public Works, Human Services and Public Health draft a report of their findings pursuant to Board Resolution File 01-1411 (Automated Public Toilets and Kiosks) regarding the directive to consult with each other respectively in order to determine whether and to what degree outreach teams from these departments may be of assistance at problem Automatic Public Toilet sites as set forth in the resolution. From: Supervisor Peskin To: Director, Mayor's Budget Office Requesting/Inquiring: To report on the City's current hold on financial allocations to local service providers. Specifically information on the parameters and timeframes governing this hold on allocations to service providers.Requesting that any plan to cut the City's current annual budget come before the Board of Supervisors for approval, In Memoriams Michele H. Neureuter (Supervisor Newsom) Alfredo (Nonno) Pisciotta (Supervisors Newsom, Peskin) David Lewis Gaines (Supervisor Daly) Violet Keeperman (Supervisor Leno) ADJOURNMENT There being no further business, the Board at the hour of 5:53 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 December 3, 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