Board of Supervisors Minutes: November 13, 2001

Full Board Minutes City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Tuesday, November 13, 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 Leno, Maxwell, McGoldrick, Peskin, Sandoval - 5. Quorum present. Supervisors McGoldrick and Peskin were noted present at 2:01 p.m. Supervisors Leno and Maxwell were noted present at 2:02 p.m. Supervisor Sandoval was noted present at 2:05 p.m. AGENDA CHANGES The President inquired if there were any changes to the agenda members were aware of which needed to be continued, tabled or considered differently. There were none. COMMUNICATIONS Ms. Tammy Haygood, Director, Department of Elections gave a report on the status of the canvassing of the Municipal Utility District election. CONSENT AGENDA Items 1 through 2 Recommendations of the Economic Vitality, Small Business and Social Policy Committee 011736 [Accept-Expend Federal Grant] Supervisor Sandoval Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $25,818 for the year 2000 and $15,318 for the year 2001 from the U.S. Department of Justice under the Bulletproof Vest Partnership Act to equip law enforcement officers in the Sheriff's Department and the Office of the District Attorney with armor vests. (Sheriff) Enacted Number: 895-01 ADOPTED 011900 [Accept and Expend State Grant - Spousal Abuser Prosecution Program] Supervisors Leno, Newsom Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $120,000 from the California Department of Justice for a program entitled "Spousal Abuser Prosecution Program". (District Attorney) Enacted Number: 896-01 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Housing, Transportation and Land Use Committee 011102 [Amending the Jobs Housing Linkage Program Ordinance] Supervisors Gonzalez, Daly Ordinance amending the San Francisco Planning Code by amending Section 313.5 to change the formula used in the Jobs Housing Linkage Program to determine the number of affordable housing units a housing developer is required to build if an office developer elects to comply with the Jobs Housing Linkage Program Ordinance by payment of money or land to a housing developer. (Planning Commission Resolution #16255 adopted 9/6/01 recommending approval) (Fiscal impact.) Enacted Number: 227-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Recommendations of the Rules Committee 010907 [Charter Amendment - Noncitizens on City Boards, Commissions, and Advisory Bodies] Supervisors Gonzalez, Daly, Maxwell Charter amendment (Second Draft) to amend Section 4.101 to permit noncitizens to serve on appointive boards, commissions, and advisory bodies, and to clarify existing provisions allowing nonelectors to serve on appointive boards, commissions, and advisory bodies. ORDERED SUBMITTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 010964 [Appointments to the Planning Commission and the Board of Appeals] Supervisors McGoldrick, Gonzalez, Ammiano, Hall, Daly, Leno, Maxwell, Sandoval Charter amendment (Second Draft) to amend Sections 4.105 and 4.106 to provide that appointments to the Planning Commission and the Board of Appeals shall be shared by the Mayor and the Board of Supervisors. 11/13/01 - Supervisor Leno, seconded by Supervisor Newsom moved to amend.In Section 4.105 and Section 4.106add the following:"Each nomination of the Mayor and the President of the Board of Supervisors is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days.If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nomiee shall be deemed approved. AMENDED. Charter amendment (Third Draft) to amend Sections 4.105, 4.106 and 15.105 to provide that appointments to the Planning Commission and the Board of Appeals shall be shared by the Mayor and the Board of Supervisors. Continued to November 19, 2001.Board to sit as a Committee of the Whole. CONTINUED AS AMENDED by the following vote: Ayes: 8 - Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Noes: 3 - Ammiano, Hall, Newsom 010968 [Mayor's Budget deadline] Supervisors McGoldrick, Daly Charter amendment (Second Draft) to amend Section 9.100 to require the Mayor, beginning in 2003, to submit the proposed budget to the Board of Supervisors not later than April 15 of each year. (Supervisor Ammiano dissenting in Committee.) TABLED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011657 [Charter Amendment - Domestic Partner Benefits] Supervisors Leno, Daly Charter amendment (Second Draft) to amend Appendix 8.500-2, relating to domestic partner benefits. ORDERED SUBMITTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011659 [Charter Amendment - Cost of Living Benefits for Retirees] Supervisors McGoldrick, Hall, Daly, Sandoval, Newsom, Maxwell, Ammiano Charter amendment (First Draft) to amend Appendix A8.526-1, relating to supplemental cost of living benefits for retirees and their survivors. (Fiscal impact.) Supervisors Sandoval, Newsom, Maxwell and Ammiano requested to be added a co-sponsors. ORDERED SUBMITTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Board of Supervisors Sitting as a Committee of the Whole 012001 [Appointments of members to the Planning Commission, the Board of Appeals and the Building Inspection Commission] Supervisor McGoldrick Charter Amendment (First Draft) to amend Sections 4.105, 4.106, 4.121 and 15.105 to provide that appointments of members to the Planning Commission, the Board of Appeals and the Building Inspection Commission shall be shared by the Mayor and the Board of Supervisors, and to provide that these appointed members may only be removed for official misconduct. 11/13/01 -Supervisor Peskin, seconded by Supervisor Leno moved to amend.In Sections 4.105,4.106 and4.121 add the following:"Each nomination of the Mayor and the President of the Board of Supervisors is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days.If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed approved." AMENDED. Charter Amendment (Second Draft) to amend Sections 4.105, 4.106, 4.121 and 15.105 to provide that appointments of members to the Planning Commission, the Board of Appeals and the Building Inspection Commission shall be shared by the Mayor and the Board of Supervisors, and to provide that these appointed members may only be removed for official misconduct. Public Comment: Debarah Walker, support charter amendment. Continued to November 19, 2001.Board to sit as a Committee of the Whole. CONTINUED AS AMENDED by the following vote: Ayes: 7 - Daly, Gonzalez, Leno, Maxwell, Peskin, Sandoval, Yee Noes: 4 - Ammiano, Hall, McGoldrick, Newsom NEW BUSINESS Recommendation of the Economic Vitality, Small Business and Social PolicyCommittee 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. Enacted Number: 892-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - Yee Recommendation of the Finance Committee 011800 [Reviewing Annual Budget] Supervisor McGoldrick Resolution setting priorities and amending processes of the Board of Supervisors in reviewing the annual budget of City departments submitted by the Mayor. RE-REFERRED to the Finance Committee by the following vote: Ayes: 8 - Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval Noes: 3 - Ammiano, McGoldrick, Yee Recommendations of the Neighborhood Services and Parks Committee 010589 [Prohibit alcohol consumption on park property without a permit] Supervisors Maxwell, Newsom Ordinance amending Article 4 of the San Francisco Parks Code, by amending Section 4.10 to add Alice Chalmers Playground, Bayview Playground, Bernal Playground, Buchanan Street Mall, Cayuga Playground, Franklin Square, Gilman Playground, Holly Park, Juri Commons Mini Park, Lessing Sears Mini Park, McKinley Square, Mission Dolores Park, Silver Terrace Park, Sunnyside Conservatory, Upper Noe Recreation Center, Wawona Clubhouse and Youngblood Coleman Playground to the locations in which alcohol consumption is prohibited without a permit. PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011450 [Restructuring Delinquency Prevention Commission] Supervisor Yee Ordinance amending San Francisco Administrative Code Sections 20.50, 20.51, and 20.52 to restructure the Delinquency Prevention Commission to reduce the number of members, provide for one commissioner appointment by each individual Supervisor on the Board of Supervisors, establish minimum educational background or experience criteria for appointment, provide for two members between the ages of 14 and 21 years of age, and require that the Department of Children, Youth and Their Families provide staff and administrative support. Continued to November 19, 2001. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011782 [Underground District in the Mission Bay Area] Ordinance creating Underground District No. 358 in the Mission Bay Area. (Public Works Department) (District 10) (Supervisor Sandoval dissenting in Committee.) PASSED ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Leno, McGoldrick, Newsom, Peskin, Yee Noes: 3 - Gonzalez, Maxwell, Sandoval 011783 [Modifying Underground District No. 355] Ordinance amending Ordinance No. 333-99 to redefine Underground District No. 355 in the Third Street and Bayshore Boulevard area by adding certain property thereto. (Public Works Department) (District 10) (Supervisor Sandoval dissenting in Committee.) PASSED ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Daly, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Noes: 2 - Gonzalez, Sandoval 011801 [2012 Olympic Games to San Francisco] Supervisors Yee, Hall, Leno Resolution supporting the efforts of the Bay Area Sports Organizing Committee (BASOC) to bring the 2012 Olympic Games to San Francisco Bay Area and encouraging the United States Olympic Committee to select San Francisco as the official U.S. Candidate City for the 2012 Olympic Games; authorizing the Mayor to execute the Joinder Undertaking Agreement with the United States Olympic Committee subject to certain conditions; and authorizing the Mayor to execute an agreement with BASOC. 11/13/01 - Supervisor Peskin, seconded by Supervisor Yee moved to amend.On Page 3, line 7 replace "eight" with "four".On Page 5, line 16, replace "from" with "or designee of". 11/13/01 - Supervisor Sandoval, seconded by Supervisor Maxwell moved to amend.On Page 5, add a subsection 7 to read:"That San Francisco shall not be obligated to execute and deliver to IOC subsequent Candidature Agreements, if such agreements impose materically greater liability and indemnity obligations on San Francisco than are included in the Joinder Undertaking, the Joinder Agreement, and the Candidate City Agreement." Supervisor Leno requested to be added as a co-sponsor. AMENDED. ADOPTED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 2 - Daly, Gonzalez ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Abedella Megahead, feed the homeless; Chris Bowman, success on ballot measures; John Bardis, legislative budgetprocess; male speaker, quarrantine of people with HIV; 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. 012024 [Legislative Analyst Request - Biotechnology] Supervisor Maxwell Motion requesting the Legislative Analysts to research and report on biotechnology (or life sciences) industry, particularly as it relates to: (1) Business attraction and retention, including the economic conditions and incentives that attract biotechnology companies to localities. (2) Planning, including how other jurisdictions:Define the industry; Incorporate the industry into the Planning Code; Treat different uses with the general category of biotechnology, specifically the office use and wet lab uses;Incorporate the industry into local land use planning, including its proximity and relationship to nearby land uses; Address building design issues, including rooftop equipment, exhaust systems, and seismic safety. (3) Health and Safety, including: Which federal, state and local health regulations are applicable; Have other jurisdictions adopted further health and safety controls. APPROVED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Absent: 1 - 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 20 through 32 012007 [Revenue Bonds - ABAG Finance Authority] Supervisor Hall Resolution authorizing the issuance and sale of revenue bonds by ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $ 20,000,000 for the California School of Mechanical Arts, or an affiliate. Enacted Number: 897-01 ADOPTED 012010 [Native American Month] Supervisors Newsom, Leno Resolution declaring the month of November as "Native American" Month in the City and County of San Francisco. Enacted Number: 899-01 ADOPTED 012011 [Assembly Bill 25] Supervisor Sandoval Resolution urging the California Legislature to support the efforts to introduce an amendment to AB 25. Enacted Number: 900-01 ADOPTED 012012 [Commend - Mrs. Doris Neumann] Supervisors Hall, Newsom Resolution commending Mrs. Doris Neumann for her 43 years of consecutive service to the Department of Elections and to the voters of San Francisco as a poll worker at 50 Allston Way. Enacted Number: 901-01 ADOPTED 012013 [Commend - Kathleen Connell and Michael Valerio] Supervisors Leno, Newsom Resolution commending Kathleen Connell and Michael Valerio, founders of the Folsom Street Fair. Enacted Number: 902-01 ADOPTED 012014 [Commend - Reverend Cecil Williams and Janice Mirikitani] Supervisors Maxwell, Leno, Newsom Resolution commending Reverend Cecil Williams and Janice Mirikitani for their exemplary services and dedication to San Francisco and proclaiming Friday, November 16, 2001 Cecil Williams and JaniceMirikitani day. Enacted Number: 903-01 ADOPTED 012015 [Commend - Potrero Hill Neighborhood House] Supervisors Maxwell, Peskin, Newsom, Leno Resolution commending the Potrero Hill Neighborhood House for their commitment and dedication to serving the Potrero Hill community and for their relentless efforts to improve the quality of life for the residents in San Francisco. Enacted Number: 904-01 ADOPTED 012016 [Commend - Irish American Democratic Club] Supervisor Newsom Resolution commending the Irish American Democratic Club San Francisco for raising their voice on issues critical to San Francisco voters, in particular for advocating for the creation of a special day in memory of the late President John Fitzgerald Kennedy by making it a memorial (unpaid) holiday. Enacted Number: 905-01 ADOPTED 012017 [Commend - Green Patrol] Supervisors Peskin, Newsom, Leno Resolution commending the Green Patrol for launching its innovative pilot cleaning program in North Beach. Enacted Number: 906-01 ADOPTED 012018 [Commend - Youth Vote Coalition] Supervisors Sandoval, Newsom Resolution commending the Youth Vote Coalition for creating a forum for students to register their opinion on current candidates and propositions, and the election of a student delegate to the Board of Education. Enacted Number: 907-01 ADOPTED 011961 [Final Map for a 5 Unit Residential Condominium Project] Motion approving Final Map of 1034 Filbert Street, a Residential Condominium Project, being a merger and resubdivision of Lots 58, 59, 60, and 61 and all of the Common Area of 1034 Filbert Street, Assessor's Block No. 93, and adopting findings pursuant to City Planning Code Section 101.1. (Purchaser) (DPW Order No. 173,242; District 3.) Enacted Number: M01-165 APPROVED 012025 [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. Enacted Number: M01-166 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Severed from For Adoption Without Committee Reference 012008 [Proclamation] Supervisor Hall Resolution proclaiming December 3-9, 2001 as Operation Self-Reliance Week in San Francisco during which volunteers will conduct a door-to-door enrollment campaign for the Disaster Registry. 11/13/01 - Supervisor Hall, seconded by Supervisor Peskin moved to amend.In the title, Page 1, line 4, replace "enrolment" with "enrollment".On Page 2, line 3, replace "enrolment" with "enrollment". AMENDED. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda.For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7.A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Leno, seconded by Supervisor Peskin, moved. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee [Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Leno, seconded by Supervisor Peskin, 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: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Imperative Agenda 012040 [Commendation - SMMILE] Supervisors Daly, Leno Resolution commending South of Market Merchants' and Individuals' Lifestyle Event. Enacted Number: 908-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 012041 [Asian Perinatal Advocates Mental Health Day] Supervisors Peskin, Leno Resolution declaring November 14th, 2001 Asian Perinatal Advocates Mental Health Day in San Francisco on the occasion of their grant opening of the Counseling and Network Center to recognize Asian Perinatal Advocate's exceptional work with the Asian and Pacific Islander community in San Francisco. Enacted Number: 909-01 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 001262 [Inclusionary Affordable Housing Program] Ordinance amending the San Francisco Planning Code to add Sections 315 to 315.9 to establish requirements for all residential developments of 10 units or more to provide inclusionary housing units. (11/13/01 in Board:Supervisor Leno submitted a substitute ordinance bearing same title.) (Received Certificate of Exemption/Exclusion from Environmental Review dated 9/5/01; received Certificate of Exemption/Exclusion from Environmental Review dated 11/9/01; received Revised Certificate of Exemption/Exclusion from Environmental Review dated 1/8/02) 7/10/00, ASSIGNED UNDER 30 DAY RULE to Finance and Labor Committee, expires on 8/9/2000. 7/13/00, referred to Planning Commission for public hearing and recommendation. 9/5/00, received from Planning Department General Rule Exclusion from Environmental Review. 2/1/01, TRANSFERRED to Housing, Transportation and Land Use Committee. New committee structure. 8/2/01, FILED PURSUANT TO RULE 5.38. 9/17/01, SUBSTITUTED. Supervisor Leno submitted a substitute ordinance bearing new title. 9/17/01, REACTIVATED PURSUANT TO RULE 5.24. Supervisor Leno requested this matter be reactivated. 9/17/01, ASSIGNED to Housing, Transportation and Land Use Committee. 9/21/01-Transmitted to Planning Commission for public hearing and recommendation. 11/13/01, SUBSTITUTED. Supervisor Leno submitted a substitute ordinance bearing same title. 11/13/01, ASSIGNED to Housing, Transportation and Land Use Committee. 11/19/01 - Substitute ordinance transmitted to Planning Commission for public hearing and recommendation. 012042 [Zoning Map Amendment - King and Townsend Streets] Supervisor Daly Ordinance amending the San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco, Section Maps 8 and 8H, to change the use district designation of Assessor's Block 3800, Lots 1, 2, 3 and 4 and Assessor's Block 3799, Lot 7, at King and Townsend Streets near Seventh Street, from M-2 (Heavy Industrial) to SLR (Service/Light Industrial/Residential Mixed-Use District), to change the height and bulk district designation of Assessor's Block 3800, Lots 1 and 2, at King and Seventh Streets, from 50-X to 65-X, and adopting findings pursuant to Planning Code Section 101.1. 11/13/01, ASSIGNED UNDER 30 DAY RULE to Housing, Transportation and Land Use Committee, expires on 12/13/2001. 11/21/01 - Transmitted to Planning Commission for public hearing and recommendation. Resolutions 012040 [Commendation - SMMILE] Supervisors Daly, Leno Resolution commending South of Market Merchants' and Individuals' Lifestyle Event. 11/13/01, ADOPTED. 012041 [Asian Perinatal Advocates Mental Health Day] Supervisors Peskin, Leno Resolution declaring November 14th, 2001 Asian Perinatal Advocates Mental Health Day in San Francisco on the occasion of their grant opening of the Counseling and Network Center to recognize Asian Perinatal Advocate's exceptional work with the Asian and Pacific Islander community in San Francisco. 11/13/01, ADOPTED. 012043 [Salvation Army] Supervisors Daly, Leno Resolution urging the Salvation Army's National Office to rescind its decision to deny health benefits to non-spouses, commending the Salvation Army's Western Corporation for its foresight and leadership and directing the Clerk of the Board to communicate this position. 11/13/01, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 012044 [Emergency Communications Department 911 Operations] Supervisor Newsom Resolution urging for the adequate funding for the Emergency Communications Department Operations, one which creates less drain on the City's General Fund and allows for continued progress moving forward with the plans to civilianize the entire workforce, releasing the 54 assigned fire fighters to duty back to San Francisco Fire Department; and adding the Emergency Communications Department to the City and County of San Francisco's Emergency Operation, including as a member of the Command and Policy Group and the Crisis Action Team. 11/13/01, RECEIVED AND ASSIGNED to Finance Committee. 012045 [Modern Times Bookstore] Supervisors Ammiano, Daly, Leno Resolution condemning the intolerant defacement of windows at Modern Times Books while displaying books of Middle Eastern themes and symbolism. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012046 [Instant Runoff Voting] Supervisor Gonzalez Resolution supporting legislation recently introduced in the United States Congress by Representative Jesse Jackson Jr. regarding Instant Runoff Voting. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012047 [Urging Passage of HR1990 and S940] Supervisors Leno, Maxwell, McGoldrick Resolution urging the U.S. Congress to begin committee hearings and to enact HR1990 and S940, the Act to Leave No Child Behind. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012048 [Sail San Francisco Day] Supervisors Peskin, Newsom, Hall Resolution declaring August 28, 2002 as Sail San Francisco Day in the City and County of San Francisco, in support of an organization that advances San Francisco's rich maritime legacy and provides a public forum for international cultural exchange and unique educational experiences. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012049 [Matricula Consular as Official Identification] Supervisors Sandoval, Gonzalez Resolution urging the San Francisco Police, Sheriff and other local agencies to recognize the "matricula consular," issued by the Mexican government, as official identification in the City and County of San Francisco. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012050 [Commend - Congresswoman Nancy Pelosi] Supervisors Leno, Newsom, Maxwell, McGoldrick Resolution commending Congresswoman Nancy Pelosi on her tremendous contributions to improve the health of San Francisco. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012051 [Commend - Reuben Smith] Supervisors Maxwell, Daly, Leno Resolution commending Reuben Smith for his 38 years of dedication and exemplary service to the Hunter's Point Boys and Girls Club to the Bay View Hunter's Point Community. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012052 [Commend - Wells Fargo Bank] Supervisor Sandoval Resolution commending Wells Fargo Bank's outreach to the Hispanic community by accepting identification cards issued by the Mexican government for new account openings and banking transactions. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012053 [Commend - Reverend Roland Gordon] Supervisor Sandoval Resolution commending Reverend Roland Gordon. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012054 [Revenue Bonds - Robinson Affordable Housing, Inc.] Supervisor Maxwell 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 $22,000,000 for Robinson Affordable Housing, Inc. or an affiliate. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012055 [Revenue Bonds - Ridgeview Terrace Affordable Housing, Inc.] Supervisor Maxwell 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 $17,000,000 for Ridgeview Terrace Affordable Housing, Inc. or an affiliate. 11/13/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Charter Amendments 012056 [Municipal Water and Power Charter Amendment] Supervisor Ammiano Charter amendment (First Draft) to repeal Sections 4.112, 16.103, and A8.508, amend Sections 9.107, 13.101, and A8.500, and add a new Chapter 8B, to:(1) eliminate the Public Utilities Commission; (2) form a Municipal Water and Power Agency, which shall succeed to all powers and responsibilities of the Public Utilities Commission and, for the generation, sale and transmission of electricity, steam and other energy and for proposing ordinances setting energy and water efficiency goals and standards to the Board of Supervisors; (3) adopt a two year budget; and, (4) permit the transfer of excess surplus utility funds to the City's General Fund after 5 years only upon a two-thirds vote of the Board of Supervisors. (Fiscal impact.) 11/13/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 12/13/2001. Requests for Hearing 012057 [Public Power] Supervisor Ammiano Hearing to consider interim steps that can be taken toward public power between now and a subsequent election, to include representatives from the City Attorney's Office, the Public Utilities Commission and the Department of Environment. 11/13/01, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. 012058 [PG&E Bankruptcy Proposal] Supervisor Ammiano Hearing to consider PG&E's bankruptcy proposal and the City Attorney's proposed responses to the bankruptcy judge, including appointing a Government Creditor's Committee paid for by PG&E to fight the liquidation plan. 11/13/01, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. 012059 [Implementation of Proposition B] Supervisor Leno Hearing to discuss implementation of Proposition B, given the successful passage of the measure on November 6th, 2001. 11/13/01, RECEIVED AND ASSIGNED to Rules Committee. 012060 [Implementation of Educational Bond, Proposition 39] Supervisor Leno Hearing to consider local implementation of educational bond accountability measures contained in Proposition 39 and to consider additional measures that local government can advance to require accountability for school district spending. 11/13/01, RECEIVED AND ASSIGNED to Finance Committee. 012061 [Families in SROs Census] Supervisor Newsom Hearing (1) to discuss the findings of the recent Report on the Census of Families in Single Room Occupancy Hotels in San Francisco; and (2) to receive an update on the progress made pursuant to File No. 011157, Families in SROs Workgroup. 11/13/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 012062 [Sheriff's Plan to Comply with Proposition E] Supervisor Newsom Hearing to review the Sheriff's plan to comply with Proposition E and their progress in completing it by the March 2002 deadline. 11/13/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. Sponsor requests this item be scheduled for consideration in the second week of January 2002. 012063 [Mayor's Budget Instructions] Supervisor Peskin Hearing on the Mayor's Budget instructions to City Departments for the 2002-03 budget.This hearing will be held upon release of the Mayor's Budget instructions. 11/13/01, RECEIVED AND ASSIGNED to Finance Committee. 012064 [Ballot Processing] Supervisor Peskin Hearing to examine ballot processing in the recent November 6 election to address reasoning for using off-site processing centers, protocol that was developed for ballot processing, and the chain of custody of ballots that were taken outside of City Hall. 11/13/01, RECEIVED AND ASSIGNED to Rules Committee. 012065 [HMO Coverage for Medicare Recipients] Supervisor Sandoval Hearing regarding the issue of HMO coverage and prescription drug benefits for Medicare recipients. 11/13/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 012066 [Campaign Advertising] Supervisor Sandoval Hearing with the City Attorney to explain the contract between the City and AT&T, the equal access to advertise for political purposes, and to explain how a bankrupt entity such as PG&E is able to spend $1,000,000 on a campaign. 11/13/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 012067 [Economic Development in Retail Neighborhoods and Commercial Corridors] Supervisor Sandoval Hearing, asking the Mayor's Office of Economic Development to discuss their plan for economic development in retail neighborhoods and along commercial corridors. 11/13/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 012070 [Matricula Consular] Supervisor Sandoval Hearing to discuss the feasibility of making the "matricula consular" an official identification in the City and County of San Francisco. 11/13/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. 012071 [Phelan Loop] Supervisor Sandoval Hearing to discuss the future of Phelan Loop regarding possible plans for open space, transportation facilities, and housing. 11/13/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 012073 [Air Quality] Supervisor Sandoval Hearing regarding the 2001 Ozone Attainment Plan and Negative Declaration to include representatives from MUNI, Metropolitan Transportation Commission, the Association of Bay Area Governments, and the Bay Area Air Quality Management District. 11/13/01, RECEIVED AND ASSIGNED to Economic Vitality, Small Business and Social Policy Committee. Motions 012072 [Legislative Analyst Request] Supervisor Daly Motion requesting the Legislative Analyst to: (1) investigate and report on San Francisco's existing policies and expenditures related to independent living of seniors and persons with disabilities; (2) investigate and report on policies in other jurisdictions; and, (3) recommend policy approaches to foster independent living in San Francisco for seniors and persons with disabilities. 11/13/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration November 19, 2001. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 011598 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Teddy Querubin against the City and County of San Francisco for $200,000.00; the lawsuit was filed on 6/30/98 in United States District Court, Northern District, Case No. C98-04414 JL; entitled Teddy Querubin v. City and County of San Francisco, et al. (City Attorney) 11/7/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. Confidential letter dated October 18, 2001 is on file with the Clerk of the Board. PROPOSED RESOLUTIONS 011595 [Grant - Public Library Project Read] Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $22,000 from the California State Library for continuing family literacy programming as part of Project Read. (Public Library) 11/5/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 011596 [Grant - Library Statewide Data Base Program] Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $10,000 from the California State Library for coverting circulation records for inclusion in the statewide library database. (Public Library) 11/5/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 011597 [Grant - School Services Corps, Year 2] Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $185,558 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for continuing a School Services Corps in cooperation with San Francisco Unified School District. (Public Library) 11/5/01, RECEIVED AND ASSIGNED to Neighborhood Services and Parks Committee. 011665 [Proposed expenditure of California Healthcare for Indigents Program (CHIP) funds for Fiscal Year 2001-02] Resolution authorizing adoption of the County Description of Proposed Expenditure of California Healthcare for Indigents (CHIP) funds for Fiscal Year 2001-02 and that the President or duly authorized representative of the Board of Supervisors of the City and County of San Francisco can certify the County Description of Proposed Expenditure of CHIP funds for the Fiscal Year 2001-02. (Public Health Department) 11/7/01, RECEIVED AND ASSIGNED to Finance Committee. Department requests this item be scheduled for consideration at the November 21, 2001 meeting. 011952 [Grant - Criminal Restitution Program] Resolution retroactively authorizing the Office of the District Attorney to contract for, accept and expend $128,567 allocated from the California State Board of Control Victims of Crime and Restitution Program, for a project entitled "Criminal Restitution Compact" for the period of July 1, 2001 through June 30, 2002. (District Attorney) 011954 [STOP Intersections] Supervisor McGoldrick Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH 9th Avenue and Balboa Street, northeast and southwest corners, stopping Balboa Street (makes this an all-way STOP) (Parking and Traffic Department) (DPT Order No. 2336.) 11/6/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011955 [Parking Regulations] Resolution enacting and rescinding parking regulations at various locations. NO PARKING ANYTIME - RESCIND TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Clementina Street, north side, between 1st and 2nd Streets Tehama Street, south side, between 1st and 2nd Streets PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Alabama Street, both sides, between Mariposa and 19th Streets (500 and 600 blocks) Alabama Street, east side, between 16th and 17th Streets (300 block) Alabama Street, west side, between 17th and Mariposa Streets (400 block) Florida Street, both sides, between 18th and 20th Streets (600 and 700 blocks) Florida Street, west side, between 16th and 17th Streets (300 block) DIAGONAL (45-DEGREE ANGLE) PARKING - ESTABLISH Florida Street, west side, from Mariposa Street to 150 feet northerly (150-foot zone, 400 block) RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH 28th Street, both sides, between Guerrero and Dolores Streets (unit block) Cesar Chavez Street, both sides, between Church and Sanchez Street (3900 block) Clipper Street, both sides, between Church and Sanchez Street (100 block) (Parking and Traffic Department) (DPT Order No. 2336.) 11/6/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011956 [Traffic Regulations] Resolution enacting and rescinding traffic regulations on various streets. DIAMOND LANE - ESTABLISH Bush Street, second lane from east curb (southbound), between Battery and Market Streets BICYCLE LANE - ESTABLISH 4th Street, southbound, between King Street and Mission Creek NO LEFT TURN - ESTABLISH 3rd Street, both directions, at Rincon Street 3rd Street, northbound, at South Common 3rd Street, soutbound, at North Common TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH 3rd Street, east side, from 320 feet to 345 feet north of 20th Street (25-foot zone) 3rd Street, west side, between Phelps and Davidson Streets 3rd Street, west side, from Arthur Avenue to 65 feet southerly (65-foot zone) TOW-AWAY, NO STOPPING ANYTIME - RESCIND 3rd Street, east side, from 18th Street to 25 feet northerly (25-foot zone) 3rd Street, east side, from 358 feet to 400 feet south of 20th Street (42-foot zone) 3rd Street, west side, from 109 feet to 235 feet south of 16th Street (126-foot zone) 3rd Street, west side, from 325 feet to 380 feet north of Mariposa Street (55-foot zone) (Parking and Traffic Department) (DPT Order No. 2336.) 11/6/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 011999 [Muni Buses for Olympic Games of 2002] Resolution approving an agreement between the Salt Lake Organizing Committee for the Olympic Games of 2002, Inc. and the City and County of San Francisco, acting by and through its Municipal Transportation Agency, lending up to fifty (50) of City's standard Neoplan buses to the Salt Lake Organizing Committee for the Olympic Games of 2002, Inc., from no later than January 1, 2002 to no later than April 1, 2002 for the 2002 Winter Olympic and Paralympic Games. (Municipal Transportation Agency) 11/5/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. Requests Granted From: Supervisor Ammiano To: City Attorney Requesting/Inquiring: To draft a resolution establishing a Solar Power Working Group. From: Supervisor Ammiano To: City Attorney Requesting/Inquiring: To draft an amendment to the Minimum Compensation Ordinance clarifying the definition of "Wages".(See attachment.) From: Supervisor Daly To: City Attorney Requesting/Inquiring: To draft legislation to amend the San Francisco Administrative Code Section 16.1 to accurately reflect 12-hour workdays for firefighters.Currently, the section, which is related to vacation accrual, reflects days or hours.Since firefighters work a nontraditional workday of 12-hours, the section has caused confusion. From: Supervisor Daly To: City Attorney Requesting/Inquiring: To draft legislation to limit increases in fees for the use of municipal golf courses to an amount equal to or less than the increase in the Consumer Price Index. From: Supervisor Gonzalez To: City Attorney Requesting/Inquiring: To draft an ordinance amending San Francisco's Election Code to allow early voting at polling places in each Supervisorial district of San Francisco, providing penalties for late opening or early closing of polling places; providing penalties for mishandling of ballots such as violation of regulations regarding transportation of ballots or vote-counting devices; providing penalties for failure to post voting results after closing of polling places; and providing penalties for election workers who refuse to identify themselves when requested to do so by members of the public. From: Supervisor Hall To: Controller To: Director, Department of Human Resources Requesting/Inquiring: That the Controller and the Director of the Department of Human Resources investigate and report on vacant positions specifically: 1. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Jane Q Li (Supervisor Yee) Kerry Cooper (Supervisor Hall) Victims of American Airlines Flight 587 (Supervisor Sandoval) Ken Kesey (Supervisor Gonzalez) John Rosekrans (Supervisor Newsom) Anne Hornbeck (Supervisor Ammiano) ADJOURNMENT There being no further business, the Board at the hour of 5:30 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 January 7, 2002. 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.Contact Ohn Myint at (415) 554-7704. 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