Board of Supervisors Minutes: October 29, 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 29, 2001 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors TOM AMMIANO, PRESIDENT CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO, SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE Members Present: Tom Ammiano, Chris Daly, Matt Gonzalez, Tony Hall, Mark Leno, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval, Leland Y. Yee. Members Excused: None. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Tom Ammiano presiding. The meeting was called to order at 2:03 p.m.On call of the roll, all Supervisors were noted present. Quorum present. CONSENT AGENDA Recommendations of the Audit, Labor and Government Efficiency Committee 011780 [Settlement of Lawsuit] Ordinance authorizing settlement of the attorneys' fees and costs in the matter of Tayac v. City and County of San Francisco for $99,500.The lawsuit was filed on September 26, 1995, in United States District Court, Case No. C95-3424 CAL; entitled Tayac v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING Recommendations 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) Enacted Number: 220-01 FINALLY PASSED Recommendations of the Public Health and Environment Committee 011771 [Recurring FY2001-2002 State grant funds to the Department of Public Health from the California Department of Health Services] Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for FY 2001-2002. (Public Health Department) Enacted Number: 844-01 ADOPTED 011789 [State Grant - Department of the Environment] Mayor, Supervisors Newsom, Peskin Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of up to $300,000 from the California Integrated Waste Management Board for the purpose of increasing used motor oil recycling and household hazardous waste management. (Mayor) Enacted Number: 855-01 ADOPTED Recommendations of the Rules Committee 010518 [Appointment] Resolution appointing Maria Guadalupe Arreola, term ending August 20, 2003, and Maggie Davis, Michelle Horneff, and Lisa Block, terms ending August 20, 2005, to the Lead Poisoning Prevention Citizens Advisory Committee, residency requirement waived. Maria Guadalupe Arreola (residency requirement waived), succeeding Francisco Casique, resigned, seat 3, must represent a tenant organization, for the unexpired portion of a four-year term ending August 20, 2003; Maggie Davis (residency requirement waived), succeeding Maggie Davis-Badger, term expired, seat 7, must represent the Mayor's Office of Housing and Child Care, for a new four term ending August 20, 2005; Michelle Horneff, succeeding herself, term expired, seat 14, must have expertise in real estate, for a new four-year term ending August 20, 2005; Lisa Block, succeeding Octavia Jolley, term expired, seat 15, must have expertise in environmental matters, for a new a four-year term ending August 20, 2005. Enacted Number: 847-01 ADOPTED 011235 [Appointment] Resolution appointing Juan Berumen, term ending June 6, 2003, and Neyde Azevedo, term ending June 6, 2002, to the Immigrant Rights Commission. Neyde Azevedo, succeeding Marie-Lorraine Mallare, Seat 2, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2002; Juan Berumen, succeeding Samuel Assefa, Seat 11, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter.In addition, member shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco, for a new two-year term ending June 6, 2003. Enacted Number: 848-01 ADOPTED 011402 [Appointment] Resolution appointing Steven Polevei, Alan Gelb, Rebecca Goldfader, Abbie Yant, Andrew Bindman, Ronald Smith, George Susens, Michael Puccinelli, Kym Valadez, and Alissa Riker, terms to be determined, to the Emergency Room Diversion Task Force, residency requirement waived. Steven Polevei, new position, seat 2, must be an emergency room physician from the Emergency Physicians Association, term to be determined; Alan Gelb (residency requirement waived), new position, seat 3, must be an emergency room physician from the San Francisco General Hospital, term to be determined; Rebecca Goldfader, new position, seat 4, must be a nurse manager from a community hospital, term to be determined; Abbie Yant, new position, seat 5, must be a nurse manager from a community hospital, term to be determined; Andrew Bindman, new position, seat 6, must be a primary care specialist physician from the San Francisco General Hospital, term to be determined; Ronald Smith, new position, seat 7, must represent the Hospital Council, term to be determined; George Susens, new position, seat 8, must be a representative of the San Francisco Medical Society, term to be determined; Michael Puccinelli, new position, seat 9, must be a representative of the San Francisco Police Department, term to be determined; Kym Valadez (residency requirement waived), new position, seat 11, must represent a community based organization that serves the homeless and/or uninsured population, term to be determined; Alissa Riker, new position, seat 12, must represent a community based organization that serves the homeless and/or uninsured population, term to be determined. Enacted Number: 849-01 ADOPTED 011831 [Appointment] Resolution appointing Marcia Argyris, term ending May 15, 2002, Diane Burke, John Wilson, Joyce Miller, Janine Charise Grantham, and Bob Nelson, terms ending May 15, 2003, to the Local Homeless Coordinating Board, residency requirement waived. Diane Burke, succeeding Michael Bennett, term expired, seat 1, must represent homeless or formerly homeless, for a new two year term ending May 15, 2003; John Wilson, succeeding Joyce Miller, term expired, seat 2, must represent homeless or formerly homeless, for a new two year term ending May 15, 2003; Joyce Miller, succeeding Ramona Benson, term expired, seat 3, must represent area of advocacy, for a new two year term ending May 15, 2003; Janine Charise Grantham (residency requirement waived), succeeding Jennifer Grant, term expired, seat 5, must be a service provider, for a new two year term ending May 15, 2003; Bob Nelson, succeeding Bob Nelson, term expired, seat 7, must be a service provider, for a new two year term ending May 15, 2003; Marcia Argyris (residency requirement waived), new appointment, seat 10, must represent a Foundation, for a new two year term ending May 15, 2002. Enacted Number: 856-01 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Economic Vitality, Small Business and Social Policy Committee 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. Enacted Number: 812-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Finance Committee 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) Enacted Number: 851-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee Noes: 1 - McGoldrick 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) Enacted Number: 221-01 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee NEW BUSINESS Recommendations of the Audit, Labor and Government Efficiency Committee 011547 [Audit, Homeless Services] Supervisors Daly, Newsom Motion requesting the Controller to prepare a management audit of the City's homeless programs with the cooperation of the Budget Analyst. Supervisor Daly, seconded by Supervisor Newsom moved to amend. 10/29/01, Onlines 5 and 24/25, add "the report shall be made no later than December 31, 2001"; and on line 12, add a new whereas clause, "The term homeless includes individuals or families who lack a fixed, regular, and adequate nighttime residence and who have a primary residence in one or more of the categories outlined in the San Francisco Local Homeless Coordinating Board's Definition of Homelessness, on file with the Clerk of the Board of Supervisors in File No.011547, which is hereby declared to be a part of this resolution as if set forth fully herein." AMENDED. Motion requesting the Controller to prepare a management audit of the City's homeless programs with the cooperation of the Budget Analyst no later than December 31, 2001. APPROVED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011840 [Budget Analyst Update of 1994 on Homeless Population] Supervisors Newsom, Daly 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; the completion of this update is a priority assignment. Supervisor Daly, seconded by Supervisor Newsom moved to amend. 10/29/01, On page 1, line 15,add a new whereas clause, "The term homeless includes individuals or families who lack a fixed, regular, and adequate nighttime residence and who have a primary residence in one or more of the categories outlined in the San Francisco Local Homeless Coordinating Board's Definition of Homelessness, on file with the Clerk of the Board of Supervisors in File No. 011840, which is hereby declared to be a part of this resolution as if set forth fully herein." AMENDED. APPROVED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Finance Committee 011678 [Appropriation, Ethics Commission] Supervisors Leno, Daly, Gonzalez Ordinance re-appropriating $34,947 of General Fund Proposition O funding for one position to perform investigations by the Ethics Commission for Fiscal Year 2001-2002, and amending Annual Salary Ordinance for Fiscal Year 2001-02. (Companion measure to File 011679.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011679 [Amending Annual Salary Ordinance 2001-02, Ethics Commission] Supervisors Leno, Daly Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2001/02) reflecting the creation of one position at the Ethics Commission. PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011578 [Business and Tax Regulations Code Amendment] Supervisors Peskin, Daly, Gonzalez, Maxwell, McGoldrick Ordinance amending the San Francisco Business and Tax Regulations Code by amending Article 1, Section 8(h), to provide that an appeal to the Board of Appeals of an action by the Zoning Administrator or Director of the Department of Building Inspection stopping work under or suspending an issued permit does not suspend the action pending the Board's decision; providing that this ordinance shall apply retroactively to appeals filed on or after the date of introduction. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011743 [Compensation for City Employee Called to Active Military Duty] Mayor, Supervisors Daly, Newsom Ordinance amending the 2001-2002 Annual Salary Ordinance to entitle City officers or employees called to active duty with a military reserve organization to receive from the City the difference between the amount of the individual's military pay and the amount the individual would have received as a City officer or employee had the individual worked his or her normal work schedule. (Mayor) (Fiscal impact.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011709 [Prevailing Wage] Resolution fixing the highest general prevailing rate of wages, including wages for overtime and holiday work, for various crafts and kinds of labor as paid for similar work in private employment in the City and County of San Francisco at the rates certified to the Board by the Civil Service Commission on September 17, 2001. (Civil Service Commission) Enacted Number: 852-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011733 [Water Pipeline and Easement Relocation] Resolution authorizing the relocation of Crystal Springs Pipeline Numbers 1 and 2 within the City of South San Francisco along Bayshore Boulevard in accordance with a Water Supply Lines Relocation Agreement, and the subsequent transfer of easements. (Real Estate Department) (Fiscal impact.) Enacted Number: 853-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011775 [Water Contract Amendments, Cities of East Palo Alto and Menlo Park] Resolution approving contract amendments to water supply contracts between the San Francisco Public Utilities Commission and the Cities of East Palo Alto and Menlo Park (Public Utilities Commission) Enacted Number: 854-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Public Health and Environment Committee 011520 [Expend DOC Beverage Container Recycling Payment] Resolution authorizing the City Administrator to expend retroactively a $230,484 payment from the Department of Conservation (DOC) for fiscal year 2000/2001. (Administrative Services Department) Supervisor Peskin, seconded by Supervisor Leno moved to amend. 10/29/01, On line 3, delete "City Administrator" and insert "Department of the Environment." AMENDED. Resolution authorizing the Department of the Environment to expend retroactively a $230,484 payment from the Department of Conservation (DOC) for fiscal year 2000/2001. (Administrative Services Department) ADOPTED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 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) Enacted Number: 845-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee PUBLIC COMMENT Ernestine Weiss, concerns regarding affordable housing; loitering laws; wood-burning fireplaces; and loud music. Michael Petrelis, comments regarding ad in "Reporter", August 1999 by Dr. Klosner on syphilis. Vernon Jenkins, Jr., commenting on the importance of voting. William Campbell, concerns regarding openly urinating on City streets. John Debana, praising firefighters. Christine, commenting on redevelopment of affordable housing on Sixth Street. John Elberling, Executive Vice President TODCO, comments on the Plaza Hotel SRO Project. Male, falsely accused of crime. Male, concerns regarding the homeless count. 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. 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). Enacted Number: 857-01 ADOPTED 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. Enacted Number: 858-01 ADOPTED 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. Enacted Number: 866-01 ADOPTED 011913 [City Hall Caf