Board of Supervisors Minutes: October 22, 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 22, 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 2:02 p.m.On call of the roll, the following Supervisor was noted absent: Supervisor Maxwell - 1. Quorum present. Supervisor Maxwell was noted present at 2:03 p.m. AGENDA CHANGES The President inquired if there were any changes to the agenda members were aware of which needed to be continued, tabled or considered differently. Supervisor Peskin indicated the matter relating to IHSS Contract Modification Approval - Addus Healthcare, File 011561.(See infra.) Supervisor Ammiano indicated the matter relating to Storage Container Removal and Storage, File 011673.(See infra.) COMMUNICATIONS CONSENT AGENDA Items 1 through 10 Recommendations of the Audit, Labor and Government Efficiency Committee 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) Enacted Number: 213-01 FINALLY PASSED 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) Enacted Number: 212-01 FINALLY PASSED 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) Enacted Number: 216-01 FINALLY PASSED 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) Enacted Number: 217-01 FINALLY PASSED 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) Enacted Number: 218-01 FINALLY PASSED 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) Enacted Number: 219-01 FINALLY PASSED Recommendation of the Economic Vitality, Small Business and Social Policy Committee 011770 [Accept and Expend Federal Grant] Mayor Resolution authorizing the Mayor of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $2,150,710 from the U.S. Department of Justice, Bureau of Justice Assistance, to administer the Local Law Enforcement Block Grant Program. (Mayor) Enacted Number: 827-01 ADOPTED Recommendations of the Housing, Transportation and Land Use Committee 011439 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. NO LEFT TURNS, 7 AM - 9 AM AND 4 PM - 7 PM, EXCEPT SUNDAY - ESTABLISH 14th Avenue, southbound, at Fulton Street TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH 7th Street, west side, from Market Street to 121 feet southerly (eliminates meters #4, #6, #8, #10, and #12) TOW-AWAY, NO STOPPING ANYTIME - RESCIND 23rd Street, north side, from Vermont Street to 100 feet westerly (100-foot zone) TOW-AWAY, NO STOPPING, 3 PM - 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH Pine Street, south side, from Sansome Street to 252 feet easterly (252-foot zone) TOW-AWAY, NO STOPPING, 3 PM - 7 PM, MONDAY THROUGH FRIDAY - RESCIND Pine Street, south side, from Sansome Street to 252 feet westerly (252-foot zone) (Parking and Traffic Department) (DPT Order No. 2279.) Enacted Number: 817-01 ADOPTED 011557 [Stop Intersections] Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH 10th Avenue and Kirkham Street, northeast and southwest corners, stopping Kirkham Street (makes this an all-way STOP) Silliman and University Streets, northeast and southwest corners, stopping Silliman Street (makes this an all-way STOP) (Parking and Traffic Department) (DPT Order No. 2295.) Enacted Number: 819-01 ADOPTED Recommendation of the Neighborhood Services and Parks Committee 011556 [Acceptance of Street for Maintenance] Ordinance accepting for purposes of maintenance Peters Avenue, subject to specified limitations, pursuant to California Streets and Highways Code Section 1806, San Francisco Administrative Code Section 1.52, and Department of Public Works Order No. 173,091. (Public Works Department) (District 9) PASSED, ON FIRST READING The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS 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.) Enacted Number: 214-01 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Finance Committee 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 Daly moved to amend. 10/22/01 - On Page 2, line 20, after "housing" insert "for low income seniors".On Page 5, line 12, delete "affordable". On Page 5, line 12 after "Plan" insert "which shall be affordable to low income seniors".On Page 6, add a further resolve clause to read:"Pursuant to Section 33433 of the California Health and Safety Code the Redevelopment Agency disposition,conveyance or transfer of the property conveyed by this resolution shall be approved by a resolution of the Board of Supervisors." AMENDED. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Neighborhood Services and Parks Committee 011410 [Loitering At or Near Automatic Public Toilets] Supervisors Hall, Newsom 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. Enacted Number: 215-01 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 2 - Daly, Gonzalez NEW BUSINESS Recommendations of the Economic Vitality, Small Business and Social PolicyCommittee 011503 [GrantFunds James Denman Middle School] Mayor Resolution authorizing the Chief of Police of the City and County of San Francisco to accept and expend grant funds made available through the Governor's Office of Criminal Justice Planning for a project entitled "James Denman Middle School Safety Program" and waiving indirect costs due to funding constraints; rescinding Resolution Number 674-00. (Mayor) Enacted Number: 818-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011667 [Liquor License Transfer, 1 Ferry Plaza, Pier 2] Resolution determining that the transfer of a Type 51 on-sale general club license to the World Trade Club from World Trade Center #300 to its new address at No. 1 Ferry Plaza, Pier 2 (District 3), will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code. Supervisor Peskin, seconded by Supervisor Leno, 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 011671 [Agreement - Informatix, Inc. and CCSF to implement the Computer Assisted Support Enforcement System (CASES) Consortium for 34 California counties including San Francisco] Resolution retroactively approving the Agreement and its subsequent amendment between Informatix, Inc. and City, dated May 3, 2000, for computer consulting services necessary to implement the CASES Consortium. (Child Support Services) Enacted Number: 825-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Finance Committee 011436 [Official Advertising] Resolution authorizing the Purchasing Division of the Office of Contract Administration to negotiate and enter into a sole source contract with the San Francisco Chronicle to be the official newspaper of the City and County of San Francisco for the category of consecutive day official advertising for the fiscal year ending June 30, 2002. (Purchaser) Enacted Number: 814-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011561 [IHSS Contract Modification Approval - Addus Healthcare] Resolution approving the retroactive modification of the contract between the City and County of San Francisco and Addus Healthcare for the provision of In-Home Supportive Services for the period from July 1, 2001 to January 31, 2002, in the increased amount of $4,182,526, for a total contract amount of $21,379,697. (Human Services Department) (Fiscal impact.) (Supervisor Gonzalez dissenting in Committee) Supervisor Leno, seconded by Supervisor McGoldrick 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 011715 [Accept and Expend Federal Grant Funds Under the Airport Improvement Program (AIP)] Resolution authorizing the Airport Commission to accept and expend grant funds in the amount of $23,849,790.00 from the Federal Aviation Administration for the purpose of Airport Improvements: $15,525,000 to be expended by the Facilities Operations and Maintenance Division (A.I.P 16, Project No. 01-1-3-06-0221-1601); and $8,324,790 for Preliminary Engineering and Environmental Planning for Environmental Evaluation to be expended by the Airfield Development Bureau (A.I.P 17, Project No. 01-5-3-06-0221-0000); placing $8,324,790 on reserve. (Airport Commission) Enacted Number: 826-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Housing, Transportation and Land Use Committee 011567 [Changing the definition of a truck in the Traffic Code to limit the use of special truck loading zones to bona-fide delivery vehicles] Ordinance amending Sections 33.3 and 33.3.2 of the San Francisco Traffic Code, restricting the types of vehicles that may use Truck Loading Zones and Special Truck Loading Zones in parking bays along Market Street between Steuart and Octavia Streets to those with at least six wheels. (Parking and Traffic Department) PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011363 [Interim Control - Mission District] Supervisor Ammiano Resolution adopting interim controls that would, in the Mission District in the area bounded by Guerrero Street, Cesar Chavez Street, Potrero Avenue and the Central Freeway, prohibit certain tourist hotels, prohibit demolition of a residential use except to construct affordable housing, require mandatory discretionary review and sign posting for a change of use, require certain new market-rate housing projects or conversions to market-rate housing to obtain conditional use authorization and allow other types of housing as a permitted use, prohibit an office or information technology use in excess of 1,500 gross square feet in areas zoned M (Industrial), and require conditional use authorization for a utility installation in areas zoned C (Commercial); that would, in the Valencia Street and 24th Street - Mission NCDs, prohibit conversions or demolition of residential uses, prohibit information technology uses, and require conditional use for a business or professional service use of more than 2,000 square feet above the 1st story unless it is a community service; that would, in the Valencia Street NCD, permit use sizes up to 2,000 square feet as a principal use, require a conditional use for use sizes above 2,000 square feet, and prohibit new tourist hotels; that would, on Mission Street from 15th Street to Cesar Chavez Street Zoned NC-3, permit use sizes up to 2,999 square feet as a principal use, require a conditional use for certain use sizes above 2,999 square feet, require all lots over 40,000 square feet to obtain a conditional use authorization for all uses, prohibit conversions or demolition of residential uses, prohibit certain administrative service uses unless they are a community service, and authorize a community service on all stories, and prohibit an information technology use on the 1st and 2nd stories and permit it as a principal use on the 3rd story and above; that would, in the Northeast Mission Industrial Zone (NEMIZ), prohibit any office or information technology use in excess of 1,500 gross square feet unless it is a community service; and prohibit new live/work projects and all conversions of live/work to office; Adopting findings. (Received Certificate of Exemption/Exclusion from Environmental Review dated 9/17/01) 10/22/01 - Supervisor Ammiano, seconded by Supervisor Daly presented an Amendment of the Whole. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. ADOPTED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Hall 011437 [Stop Intersections] Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Miramar Avenue and Eastwood/Westwood Drives (north intersection), northeast and southwest corners, stopping Eastwood and Westwood Drives (makes this uncontrolled intersection a two-way STOP) (Parking and Traffic Department) (DPT Order No. 2279.) Enacted Number: 815-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011438 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. NO PARKING, 6 AM - 9 AM, MONDAY THROUGH FRIDAY, EXCEPT VEHICLES WITH VANPOOL PERMITS - RESCIND Larkin Street, east side, from 71 feet to 92 feet south of McAllister Street (21-foot zone at meter #220, to accommodate new bus zone) Dr. Carlton B. Goodlett Place (Polk Street), east side, from 184 feet to 208 feet south of McAllister Street (24-foot zone, at meters #310 and #312) RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 7 AM - 7 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Clayton Street, both sides, between Haight and Page Streets (500 block) TOW-AWAY, NO PARKING, 3 PM - 7 PM, MONDAY THROUGH FRIDAY - RESCIND Pine Street, south side, from Sansome Street to 252 feet easterly (252-foot zone) TOW-AWAY, NO PARKING, 3 PM - 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH Pine Street, south side, from Sansome Street to 252 feet westerly (252-foot zone) DIAGONAL (60-DEGREE ANGLE) PARKING - ESTABLISH Paul Avenue, north side, from 3rd Street to 140 feet westerly (140-foot zone) Williams Avenue, north side, between 3rd and Lucy Streets Williams Avenue, north side, between Lucy and Ceres Streets PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Armstrong Avenue, south side, between 3rd and Keith Streets Bancroft Avenue, north side, from 3rd Street to west terminus Donner Avenue, south side, from 3rd Street to east terminus Hollister Avenue, north side, from Jennings Street to a point 56 feet east of 3rd Street Jamestown Avenue, south side, between 3rd and Keith Streets Jamestown Avenue, south side, between Keith Street and Salinas Avenue Le Conte Avenue, south side, between 3rd and Keith Streets Thomas Avenue, south side, between 3rd and Lane Streets Underwood Avenue, north side, between 3rd and Lane Streets Van Dyke Avenue, north side, between 3rd and Keith Streets (Parking and Traffic Department) (DPT Order No. 2279.) Enacted Number: 816-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011558 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Connecticut Street, east side, between 18th and 20th Streets Mississippi Street, both sides, between 20th and 22nd Streets Mississippi Street, east side, between Mariposa and 20th Streets Missouri Street, both sides, between 19th and Mariposa Streets Missouri Street, east side, between 20th and Sierra Streets Missouri Street, west side, between 17th and Mariposa Streets Missouri Street, west side, between 19th and 20th Streets Pennsylvania Street, both sides, between 19th and 22nd Streets Pennsylvania Street, west side, between 18th and Mariposa Streets Texas Street, both sides, between 17th and 19th Streets Texas Street, east side, between 19th and 20th Streets Texas Street, east side, from 20th Street to a point 95 feet south of Sierra Street Texas Street, west side, from 20th Street to a point 65 feet north of Sierra Street RESIDENTIAL PERMIT PARKING AREA "Q" (ENTIRE AREA) - RESCIND 3rd Street, east side, between Ingerson and Jamestown Avenues (6300 block odd-numbered side) 3rd Street, west side, between Paul and Salinas Avenues (6200 block, even-numbered side) Carr Street, both sides, between Paul and Salinas Avenues (unit block) Crane Street, both sides, between Paul and Salinas Avenues (unit block) Gould Street, both sides, between Paul and Salinas Avenues (unit block) Paul Avenue, south side, between 3rd and Crane Streets (unit, 100, 200, 300, and 400 blocks) Salinas Avenue, north side, between 3rd and Exeter Streets (unit, 100, and 200 blocks) RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Castro Street, both sides, between 21st and Hill Streets (northern portion of 800 block) UNMETERED MOTORCYCLE PARKING - ESTABLISH 17th Street, north side, from 43.5 feet to 72 feet east of Folsom Street (28.5-foot zone, accommodating 7 motorcycles, in front of #3084-17th Street) (Parking and Traffic Department) (DPT Order No. 2295.) Enacted Number: 820-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011559 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. NO LEFT TURN - RESCIND NO LEFT TURN, EXCEPT MUNI AND TAXIS - ESTABLISH Market Street, westbound, at Spear Street TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Fulton Street, north side, between 48th Avenue and La Playa La Playa, west side, from the extension of the north property line of Cabrillo Street to 60 feet southerly (60-foot zone, opposite the stem of the T-intersection) Monterey Boulevard, south side, between Acadia Street and Circular Avenue South Van Ness Avenue, west side, from Market Street to 80 feet southerly (80-foot zone, eliminates parking meters #2, #4, and #6) TOW-AWAY, NO STOPPING, 7 AM - 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH 39th Avenue, west side, from Quintara Street to 15 feet southerly (15-foot zone) RIGHT LANE MUST TURN RIGHT - RESCIND Mansell Street, westbound, at Brazil Street (Parking and Traffic Department) (DPT Order No. 2295.) Enacted Number: 821-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011611 [Grant, Job Access and Reverse Commute (JARC) Section 37 Federal Capital Funding Assistance] Resolution authorizing the Municipal Transportation Agency Board to accept retroactively and expend $229,953 of Federal Job Access and Reverse Commute (JARC) Funds, Section 3037, for the San Francisco International Airport's (SFO) SFO-Southeast San Francisco Transportation Job Link Program, and including $13,016 for Administrative Overhead Costs. (Municipal Transportation Agency) Enacted Number: 822-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011612 [Grant, Surface Transportation Program Capital Assistance for MUNI Projects] Resolution authorizing the Municipal Transportation Agency Board to accept retroactively and expend $53,282,382 of Federal Formula Section 5307 and Surface Transportation Program (STP) Capital Assistance for Municipal Railway Capital Projects and activities and including $1,705,135 for Indirect Costs. (Municipal Transportation Agency) Enacted Number: 823-01 ADOPTED by the following vote: Ayes: 9 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 2 - Daly, Gonzalez Recommendations of the Neighborhood Services and Parks Committee 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. Supervisor Ammiano, seconded by Supervisor Peskin, moved to re-refer to Committee. RE-REFERRED to the City and School District Committee by the following vote: Ayes: 8 - Ammiano, Daly, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 3 - Gonzalez, Hall, Yee 011541 [US-Japan Peace Treaty] Supervisors Yee, Ammiano, Daly, Sandoval 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. (Supervisor Hall dissenting in committee) 10/22/01 - Supervisor Yee, seconded by Supervisor Sandoval moved an Amendment of the Whole. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 10/22/01 - Supervisor Leno, seconded by Supervisor Maxwell moved to amend on Page 3, line 1, after "calls" insert "upon".On Page 3, line 3, replace "urges the Mayor, in his capacity as the host of the 50th anniversary festivities, to remind the participating dignitaries and guests of the unresolved issues of the Asian/Pacific War in all his public statements and remarks" with "urges respect, understanding and tolerence for all Japanese Americans so as not to revisit past injustices suffered by them". AMENDED. ADOPTED AS AMENDED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Sandoval, Yee Noes: 2 - Hall, Peskin Absent: 1 - Newsom SPECIAL ORDER 3:00 P.M. 011869 [City Message] Mayor Mayor's Annual State of the City Message. (Mayor) The Honorable Willie L. Brown, Jr., Mayor gave the Annual State of the City Address.The Mayor introduced the following officials:Doris Ward, Assessor, Susan Leal, Treasurer, Michael Hennessey, Sheriff, Kimiko Burton, Public Defender, Mitchell Katz, Director of Health and Mario Trevino, Chief, Fire Department. FILED. COMMITTEE REPORTS From Rules Committee 010844 [Storage Container Removal and Storage] Supervisors Ammiano, Gonzalez, Daly Ordinance amending the San Francisco Public Works Code by adding Sections 1407-1416 to create procedures for the removal of personal property and storage containers from public and private property and for the storage of property and encouraging City departments to create additional free storage facilities. NOTpassed by the following vote: Ayes: 4 - Ammiano, Daly, Gonzalez, Sandoval Noes: 7 - Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Abdalla Megahed, homeless shelters; John Bardis, Mayor's budget; Patricia Vaughey, four types of homelessness; Charlie Peters, MTBE; Allen Mallow, Middle Black Box Theater; Christine Ellis, Plaza Hotel ; Donald Green, neighborhood working group on Presidio; Doug Hahn, Presidio National Park; Daniel Wild, Plaza Hotel party. APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees.Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board. 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. APPROVED by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick SPECIAL ORDER 5:00 P.M. 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). Recess The Board recessed at the hour of 5:23 p.m. to convene in closed session. Deputy City Attorney Ted Lakey reported that the Board of Supervisor has met in closed session with various department heads, under provions of Government Codes Sections 54954.5 and 54957 and San Francisco Administrative Code Sections 67.8(a)(4) and 67.10(a) for the purpose of conferring with, or receiving advice. Persons in attendance: John Martin, Director, Airport; Mitchell Katz, Director, Department of Public Health; Mario Trevino, Chief, Fire Department; Michael Hennessey, Sheriff; Lucien Canton, Director, Mayor's Office of Emergency Services; Commander Greg Shhr, Police Department; Thera Bradshaw, Director, Emergency Communication Department; Paul Lovette, Deputy General Manager, Safety and Training; Ted Lakey, Deputy City Attorney; Gloria L. Young, Clerk of the Board; Gregoire Hobson, Deputy Clerk. Reconvening of the Board The Board at the hour of 6:17 p.m. reconvened. Calling the Roll The following Supervisors were noted present:Supervisors Ammiano, Daly, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee - 9 Noted absent:Supervisors Gonzalez, McGoldrick - 2. Supervisor Peskin, seconded by Supervisor Hall, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above. Supervisor Sandoval, seconded by Supervisor Leno, moved. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 2 - Gonzalez, McGoldrick 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 37 through 52 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. Enacted Number: 828-01 ADOPTED 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. Enacted Number: 829-01 ADOPTED 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. Enacted Number: 830-01 ADOPTED 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. Enacted Number: 831-01 ADOPTED 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. Enacted Number: 832-01 ADOPTED 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. Enacted Number: 833-01 ADOPTED 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. Enacted Number: 834-01 ADOPTED 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. Enacted Number: 835-01 ADOPTED 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. Enacted Number: 836-01 ADOPTED 011865 [Commendation] Supervisor Sandoval Resolution commending Carlos Moreno on his appointment to the California Supreme Court. Enacted Number: 838-01 ADOPTED 011871 [Naming Right of Way "Al Scoma Way"] Supervisors Peskin, Newsom Resolution recommending that the Port of San Francisco name the Right of Way north of Jefferson Street to Pier 47 as "Al Scoma Way", in recognition of Al Scoma's varied contributions to the City of San Francisco and Fisherman's Wharf over the past six decades. Enacted Number: 839-01 ADOPTED 011793 [Final Map for a 7 Unit Mixed Use Condominium Project] Motion approving Final Map of 5301 Mission Street, a Mixed Use Condominium Project, being a subdivision of Lot 1, Assessor's Block No. 6461, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,208; District 11.) Enacted Number: M01-155 APPROVED 011888 [Final Map for a 9 Unit Live/Work Condominium Project] Motion approving Final Map of 1047 Mississippi Street, a Live/Work Condominium Project, being a subdivision of Lot 12, Assessor's Block No. 4224, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,211; District 10.) Enacted Number: M01-156 APPROVED The foregoing items were acted upon by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick Severed from Adoption Without Committee Reference 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). Supervisor Sandoval, seconded by Supervisor Maxwell moved to continue to October 29, 2001. CONTINUED by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick 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. Supervisor Daly moved to refer to committee. REFERRED to the Economic Vitality, Small Business and Social Policy Committee. 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. 10/22/01 - Supervisor Newsom, seconded by Supervisor Maxwell moved an Amendment of the Whole. AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Resolution commending the Precita Eyes Mural Arts and Visitors Center and Larkin Street Youth Services 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. ADOPTED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Daly, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 2 - Gonzalez, McGoldrick 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." Supervisor Daly, seconded by Supervisor Sandoval, moved. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Daly, seconded by Supervisor Sandoval, moved. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick [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. Supervisor Daly, seconded by Supervisor Sandoval, moved 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, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick Imperative Agenda 011907 [Mary Welsh Byrd Day] Supervisor Yee Resolution proclaiming October 25, 2001 "Mary Welsh Byrd Day" in the City and County of San Francisco in honor of her retirement from the San Francisco Unified School District. Enacted Number: 840-01 ADOPTED by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick 011908 [Presidio Trust Draft Implementation Plan] Supervisor Yee Resolution urging Presidio Trust to allow development or renovation only as befits a national park, to guarantee public participation in future planning processes. Enacted Number: 785-01 ADOPTED by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 3 - Gonzalez, Leno, McGoldrick OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 011909 [Municipal Election] Supervisors Peskin, Daly Ordinance amending Municipal Code, Elections Code by adding Section 970 to prohibit the giving or receiving of anything of value in consideration of voting, refraining from voting, or voting for or against a candidate or measure at a municipal election. 10/22/01, RECEIVED AND ASSIGNED to Rules Committee. Resolutions 011907 [Mary Welsh Byrd Day] Supervisor Yee Resolution proclaiming October 25, 2001 "Mary Welsh Byrd Day" in the City and County of San Francisco in honor of her retirement from the San Francisco Unified School District. 10/22/01, ADOPTED. 011908 [Presidio Trust Draft Implementation Plan] Supervisor Yee Resolution urging Presidio Trust to allow development or renovation only as befits a national park, to guarantee public participation in future planning processes. 10/22/01, ADOPTED. 011910 [Multifamily Housing Revenue Bonds] Supervisor Newsom Resolution authorizing the issuance and sale of multifamily housing revenue bonds by California Statewide Communities Development Authority in an aggregate principal amount not to exceed $10,000,000 for Gough Street LLC. 10/22/01, RECEIVED AND ASSIGNED to Finance Committee. 011911 [Runoff Absentee Ballot] Supervisors Gonzalez, Peskin Resolution urging the California State Legislature to amend State election law so that persons requesting absentee ballots for the general election will also receive absentee ballots for the resulting runoff election. 10/22/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011912 [Disaster Preparedness Testing] Supervisor Leno Resolution urging the San Francisco Department of Emergency Communications and the Office of the Mayor to institute an interdepartmental disaster preparedness test, and further urging the Association of Bay Area Governments to begin similar intergovernmental disaster preparedness testing. 10/22/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011913 [City Hall Caf