Board of Supervisors Minutes: December 10, 2001

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Monday, December 10, 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, Aaron Peskin, Gerardo Sandoval, Leland Y. Yee. Members Excused: None. Members Absent: Gavin Newsom. 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 2:01 p.m. On call of the roll, the following Supervisors were noted absent: Supervisors Hall, Newsom - 2. Quorum present. Supervisor Newsom was excused. (See infra.) Supervisor Hall was noted present at 2:03 p.m Supervisor Newsom Excused from Attendance Supervisor Leno, seconded by Supervisor Hall, moved to excuse Supervisor Newsom from attending this meeting. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom AGENDA CHANGES Introduction of Guests Supervisor Yee introduced and welcomed Tiam Zwhong, Chairman of CCPCC Liaoning, Benxi Committee from Benxi, China. Supervisor Yee introduced Anna Konte, Jessica Eikert, Gloria Benia and Ethel Newland and thanked them for their efforts in preserving the Doggie Diner. COMMUNICATIONS CONSENT AGENDA Items 1 through 8 Recommendations of the Audit, Labor and Government Efficiency Committee 011526 [Reward Authorization] Ordinance authorizing payment of reward to Selina Archuletta and Raven Meadows. (Mayor) Enacted Number: 243-01 FINALLY PASSED 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) Enacted Number: 244-01 FINALLY PASSED Recommendation of the Economic Vitality, Small Business and Social Policy Committee 012078 [Grant for Sheriff's Department program providing a public information community awareness campaign for the prevention of family violence] Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $34,857 from the U.S. Department of Health and Human Services for providing a public information community awareness campaign for the prevention of family violence. (Sheriff) Enacted Number: 979-01 ADOPTED Recommendation of the Finance Committee 011929 [Lease of Real Property] Resolution authorizing extension and amendment of a lease of real property at 1145 Market Street for the Department of Human Resources. (Real Estate Department) (District 6.) Enacted Number: 973-01 ADOPTED Recommendations of the Housing, Transportation and Land Use Committee 011935 [Extending occupancy of the south side of Howard Street during construction operations at 405 Howard Street] Resolution granting revocable permission to Webcor Builders for a six-month extension to temporarily close and occupy a portion of the sidewalk and parking lane on the southerly side of Howard Street, between 1st and Fremont Streets, during construction operations at 405 Howard Street (Assessor's Block 3737, Lot 1). (Public Works Department) (District 6.) Enacted Number: 974-01 ADOPTED 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.) Enacted Number: 976-01 ADOPTED 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 Streets (3900 block) Clipper Street, both sides, between Church and Sanchez Streets (100 block) (Parking and Traffic Department) (DPT Order No. 2336.) Enacted Number: 977-01 ADOPTED 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.) Enacted Number: 978-01 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 012181 [Adopting findings related to the conditional use appeal on property located at 1101 O'Farrell Street] Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Application No. 2000.961C (which authorized the demolition of an existing three-story building and the construction of a new twenty-three story, 240 foot tall, approximately 308,395 square-foot, 240 unit Senior Housing Facility, and the conversion of the second floor at 1001 Franklin Street from residential space to social services/support office spaces per Sections 303 and 304 of the Planning Code) in an RM-4 (Residential, Mixed, High Density) Zoning District and 240-G Height and Bulk District on property located at 1101 O'Farrell, southwest corner of O'Farrell (a.k.a. Starr King Way) and Franklin Streets, in an area know as St. Mark's Square (Lot 33 in Assessor's Block 713, and Lots 35 and 36 in Assessor's Block 720). (Clerk of the Board) 12/10/01 - Supervisor McGoldrick, seconded by Supervisor Leno moved an Amendment of the Whole bearing same title. AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. APPROVED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Noes: 1 - Daly Absent: 1 - Newsom Recommendation of the Housing, Transportation and Land Use Committee 011408 [Limousines for Hire Parking Regulations] Supervisors Sandoval, McGoldrick, Daly, Peskin, Newsom, Leno Ordinance adding section 63.2 to the San Francisco Traffic Code prohibiting the parking of certain vehicles for hire in residential areas. Enacted Number: 242-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom Recommendation of the Neighborhood Services and Parks Committee 011755 [Hydrofluoric Acid] Supervisors Peskin, Newsom, Maxwell, Hall, Leno Ordinance amending the San Francisco Police Code by adding a new Article 42D to restrict access to products containing hydrofluoric acid in solution and assessing criminal penalties for violation of this Article. Enacted Number: 245-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom Recommendation of the Rules Committee 011847 [Prohibiting former members of Board of Supervisors from lobbying] Supervisors Peskin, Ammiano, Gonzalez, Newsom, Daly, Sandoval, Leno, McGoldrick, Hall Ordinance amending San Francisco Campaign and Governmental Conduct Code by adding Section 3.545 to prohibit former members of the Board of Supervisors from lobbying any governmental body, officer, employee, appointee or representative of the City and County for two years after leaving office. Supervisors Sandoval, Leno, McGoldrick and Hall requested to be added as co-sponsors. Enacted Number: 246-01 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom NEW BUSINESS Recommendations of the Economic Vitality, Small Business and Social Policy Committee 011713 [Liquor License, 718 14th Street] Resolution determining that the issuance of a Type 48 on-sale general public premises liquor license in exchange for a Type 47 on-sale general eating place liquor license to Peter Garcia for "Zodiac Club LLC", located at 718 14th Street (District 8), will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions. Enacted Number: 972-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 011937 [Liquor License Transfer, 1425 Sansome Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license to Radovan Pesusic from 725 Folsom Street to 1425 Sansome Street (District 3), will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions. Enacted Number: 971-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 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) Enacted Number: 975-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom Recommendation of the Finance Committee 012079 [Settlement of Lawsuit] Ordinance approving settlement of the lawsuit filed by the City and County of San Francisco, acting by and through its Airport Commission, against CalStar Retail, Inc., by payment by CalStar Retail Inc. to the City in the amount of $350,000 and other terms; the lawsuit was filed on August 7, 2001, in San Mateo County Superior Court, Case No. 417869, entitled City and County of San Francisco, acting by and through its Airport Commission v. CalStar Retail, Inc. (City Attorney) (Supervisor Peskin dissenting in Committee) NOT Adopted by the following vote: Ayes: 2 - Leno, Maxwell Noes: 7 - Ammiano, Daly, Gonzalez, Hall, McGoldrick, Peskin, Sandoval Absent: 2 - Newsom, Yee CLOSED SESSION CONFERENCE WITH CITY ATTORNEY Existing Litigation - City as Plantiff Motion that the Board of Supervisors convene in closed session with the City Attorney, under the provisions of Government Code Section 54956.9 (a) and Administrative Code Section 67.8 (3), for the purpose of conferring with, or receiving advice from, the City Attorney, regarding the proposed settlement listed above. [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 Leno, seconded by Supervisor Peskin, moved. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom Recess The Board recessed at the hour of 3:24 p.m. to convene in closed session pursuant to the above ordinance. Reconvening of the Board. Calling the Roll The following Supervisors were noted present: Supervisors Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee - 10. Noted absent: Supervisor Newsom - 1. Deputy City Attorney, Ted Lakey reported that the Board of Supervisors has met in closed session with the City Attorney, under the provisions of Government Code Section 54956.9(a) for the purpose of conferring with, or receiving advice from, the City Attorney regarding the above pending litigation. Persons in attendance: Supervisors Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee; Ted Lakey, Deputy City Attorney; Mara Rosales, Deputy City Attorney; Adrienne Go, Deputy City Attorney; Gloria L. Young, Clerk of the Board Gregoire Hobson, Deputy Clerk. Recommendations of the Housing, Transportation and Land Use Committee 011050 [Tour Buses on El Camino del Mar, and portions of 25th Avenue] Supervisor Newsom Ordinance adding Police Code Section 1183.31 to prohibit the driving of tour buses on El Camino del Mar between the Presidio and Legion of Honor Drive, and on 25th Avenue between Lake Street and El Camino del Mar, through December 31, 2002. PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 011898 [Speed Limit - 16th Street, between 3rd and 7th Streets] Supervisor Daly Ordinance adding Section 175.34 to the San Francisco Traffic Code, establishing a 30-MPH speed limit for 16th Street, between 3rd and 7th Streets. (Parking and Traffic Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 011931 [Double Parking on Municipal Railway Bus Routes Prohibit; Fines] Supervisors Newsom, McGoldrick, Daly Ordinance amending Article 3, Chapter XI, Part II, Section 53(a) of the San Francisco Traffic Code removing sunset clause. (Parking and Traffic Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 011932 [Speed Limit - Clarendon Avenue] Supervisor Hall Ordinance amending Section 176.18 of the San Francisco Traffic Code clarifying the boundaries for the 35-MPH speed limit along Clarendon Avenue (Parking and Traffic Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 011933 [Special Traffic Permit Violation Penalties] Supervisor McGoldrick Ordinance amending San Francisco Traffic Code Section 194.3. to provide a graduated penalty schedule for violation of the Special Traffic Permit or for obstructing traffic without a Special Traffic Permit. (Parking and Traffic Department) PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Vernon Jenkins, get out the vote; Louise Vaughn, Local 648; John D'Nonno, clean city; David Hall, City Hall renovation; male speaker, San Francisco Unified School District. 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. 012178 [Legislative Analyst Request] Supervisor Newsom Motion asking the Legislative Analyst to prepare a report comparing the best practices and/or models, otherwise known a Intermediary Care Facilities, used in other major cities in the treatment of public inebriates, including but not limited to the cities of Portland, Oregon; Seattle, Washington; and Denver, Colorado. Enacted Number: M01-177 APPROVED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 012179 [Legislative Analyst Request] Supervisor Newsom Motion asking the Legislative Analyst to prepare a report comparing the best practices and/or models, on Cash Assistance Programs utilized in Alameda County and surrounding Bay Area counties. Enacted Number: M01-176 APPROVED by the following vote: Ayes: 6 - Gonzalez, Hall, Leno, Maxwell, McGoldrick, Yee Noes: 4 - Ammiano, Daly, Peskin, Sandoval Absent: 1 - Newsom 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 27 through 42 012142 [Federal Grant - Department of Public Works] Supervisor Ammiano Resolution authorizing the Director of the Department of Public Works to accept retroactively and expend up to $15,983 in federal Emergency Relief funds with required local matching funds of $2,071 for reconstruction of the hillside at San Jose Avenue from Richland Avenue to Highland Avenue in the City and County of San Francisco. Enacted Number: 980-01 ADOPTED 012143 [Hanging Noose] Supervisor Daly Resolution condemning recent hanging noose incidents in San Francisco and elsewhere, supporting the efforts of local labor unions to raise awareness of hate crimes and urging the San Francisco Police Department and District Attorney to adopt a zero-tolerance policy toward hate and terror based crimes. Enacted Number: 981-01 ADOPTED 012146 [GGNRA to Delay Leash Enforcement] Supervisors Leno, Newsom, Daly, Yee, Hall, Gonzalez, Maxwell, Sandoval, McGoldrick Resolution requesting the National Park Service to delay enforcing, in the San Francisco parks situated in the GGNRA, 36 C.F.R. 2.15, requiring pets to be on leash in national parks, until the ANPR process has been completed. Enacted Number: 982-01 ADOPTED 012149 [Airport Security Act] Supervisors Sandoval, Newsom, Daly, Gonzalez, Peskin, Ammiano, McGoldrick, Leno, Yee, Hall, Maxwell Resolution urging the San Francisco and California Congressional delegation to amend, S. 1447, the Airport Security Act to allow security workers to retain their jobs regardless of citizenship status and urging San Francisco International Airport to apply to be one of the five airports that will remain privatized. Enacted Number: 983-01 ADOPTED 012150 [Commend - Anti-Defamation League] Supervisor Leno Resolution commending the Anti-Defamation League for its recent plan to advocate for same-sex domestic partners' rights. Enacted Number: 984-01 ADOPTED 012151 [Commend - Claire Pilcher] Supervisors Leno, Peskin Resolution commending Claire Pilcher, founder of the Friends of Noe Valley. Enacted Number: 985-01 ADOPTED 012152 [Commend - Mrs. Ora Tyiska-Smith] Supervisor Maxwell Resolution celebrating Mrs. Ora Tyiska-Smith's 85th birthday and commending her for her exemplary service and dedication to the Christian community. Enacted Number: 986-01 ADOPTED 012153 [Commend - Arlevia Marie Rogers] Supervisor Maxwell Resolution commending and celebrating the life of Arlevia Marie Rogers for her lifelong commitment to protect, educate and inspire children everywhere. Enacted Number: 987-01 ADOPTED 012119 [Final Map for an 8 Unit Residential Condominium Project] Motion approving Final Map of 415 Bryant Street, a Residential Condominium Project, being a subdivision of Lot 97, Assessor's Block No. 3775, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,267; District 10.) Enacted Number: M01-173 APPROVED 012120 [Final Map for a 21 Unit Mixed Use Condominium Project] Motion approving Final Map of 70 - 78 Ocean Avenue, a Mixed Use Condominium Project, being a subdivision of Lot 26, Assessor's Block No. 3207, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,295; District 11.) Enacted Number: M01-174 APPROVED 012162 [Final Map for a 20 Unit Live/Work Condominium Project] Motion approving Final Map of 2407 - 2411 Harrison Street, a Live/Work Condominium Project, being a subdivision of Lot 33, Assessor's Block No. 4084, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,300; District 9.) Enacted Number: M01-175 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom Severed From For Adoption Without Committee Reference Agenda 012144 [Recount of Votes Cast at November 7, 2000 San Francisco Election] Supervisor Gonzalez Resolution urging the District Attorney to petition the Superior Court under California Elections Code Section 15640 for an order directing a public recount of the votes cast at the November 7, 2000 San Francisco Municipal election. Supervisor Gonzalez requested this matter be severed so it could be considered separately. REFERRED to the Rules Committee. 012145 [Recount of Votes Cast at November 6, 2001 San Francisco Election] Supervisor Gonzalez Resolution urging the District Attorney to petition the Superior Court under California Elections Code Section 15640 for an order directing a public recount of the votes cast at the November 6, 2001 San Francisco Municipal election. Supervisor Gonzalez requested this matter be severed so it could be considered separately. REFERRED to the Rules Committee. 012147 [Law Library] Supervisor Leno Resolution increasing civil filing and appearance fees provided in Business and Professions Code Sections 6321, 6322 and 6322.1 for operation of the Law Library. Supervisor Hall requested this matter be severed so it could be considered separately. Supervisor Gonzalez moved to continue to December 17, 2001. CONTINUED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 012148 [Grant - Recreation and Park Department] Supervisors Maxwell, Leno Resolution authorizing the Recreation and Park Department to accept and expend a grant in the total amount of $500,000 from the National Park Service under the Fiscal Year 2001 Urban Parks and Recreation Recovery Program for the renovation of the play area at Joseph Lee Recreation Center. Supervisor Maxwell requested this matter be severed so it could be considered separately. Enacted Number: 969-01 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Absent: 1 - Newsom 012154 [Commend - S.F. Airport Commission] Supervisor Newsom Resolution commending the San Francisco Airport Commission for their work by recommending the enactment of an ordinance that will allow a partial pass-through of the taxi trip fee to taxi passengers. Supervisor Gonzalez requested this matter be severed so it could be considered separately. REFERRED to the Economic Vitality, Small Business and Social Policy Committee. IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. [Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 012184 [Filing Electronic Copies of Campaign Statements] Supervisor Ammiano Ordinance amending Article 1, Chapter 3 of the Campaign and Governmental Conduct Code, by amending Sections 1.305 and 1.310, and adding Section 1.312, to require political committees to file electronic copies of supplemental independent expenditure reports that must be filed on paper with the Commission; authorize the Ethics Commission to require political committees to file electronic copies of any other campaign disclosure statements that must be filed on paper with the Commission; require that political committees continue to file electronic copies of campaign disclosure statements, regardless of the committee's level of financial activity, until the committee files a statement of termination; and eliminate redundant definitions. 12/10/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 1/9/2002. 012185 [SFUSD not provide information regarding 2002 Bond funds] Supervisors Ammiano, McGoldrick, Leno, Maxwell Ordinance amending the San Francisco Administrative Code by adding Section 10.19-4 to require specified City departments to notify the Board of Supervisors if the San Francisco Unified School District does not meet with or otherwise provide information about the 2002 bond proceeds, as agreed. 12/10/01, RECEIVED AND ASSIGNED to Finance Committee. 012186 [Regulation of Diesel Backup Generators] Supervisor Maxwell Ordinance amending the San Francisco Health Code by adding a new Article 30 to: (1) establish a registration program within the Department of Public Health for diesel backup generators used by facilities in the City and County of San Francisco; (2) require new backup diesel generators to have air emission control technologies; (3) limit the operation of diesel backup generators during non-emergency situations; (4) establish a recordkeeping requirement for the operation of diesel backup generators; and (5) provide for an enforcement mechanism for violations of the requirements of this Ordinance. 12/10/01, ASSIGNED UNDER 30 DAY RULE to Public Health and Environment Committee, expires on 1/9/2002. 012187 [Consular Identification Cards] Supervisors Sandoval, Gonzalez, Leno, Daly, Ammiano, McGoldrick, Peskin, Yee, Maxwell Ordinance amending the San Francisco Administrative Code by adding Chapter 95, encompassing Section 95.1, to require City departments to accept identification cards issued to foreign citizens or nationals if the issuing country authorizes the use of the card as a passport for re-entry into the issuing country, the card has a photograph of the person and date of birth, and the process for issuing the card meets standards established by the Director of Administrative Services to ensure accurate identification of the person and to discourage fraudulent documents. 12/10/01, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 1/9/2002. Resolutions 012188 [Grant - Department of Parking and Traffic] Supervisor Leno Resolution authorizing the Executive Director of the Department of Parking and Traffic (DPT) to retroactively apply for, accept, and expend funds from a cooperative agreement with the Federal Highway Administration (FHWA) for a pedestrian safety engineering study (with federal funding of $155,735) and to execute any necessary documents. 12/10/01, RECEIVED AND ASSIGNED to Finance Committee. 012189 [Appointment - James McCray, Jr.] Resolution confirming the appointment of James McCray, Jr. to the Board of Directors of the Municipal Transportation Agency to serve the remainder of the James Bourgart's term, ending March 1, 2002. (Mayor) 12/10/01, RECEIVED AND ASSIGNED to Rules Committee. 012190 [2002 SFUSD General Obligation Bond Sale] Supervisors Ammiano, Peskin, McGoldrick, Leno, Maxwell, Newsom Resolution authorizing and directing the sale of not to exceed $29,480,000 City and County of San Francisco General Obligation Bonds (Educational Facilities Bonds, 1997 - San Francisco Unified School District), Series 2002_; prescribing the form and terms of said Bonds; authorizing the execution, authentication and registration of said Bonds; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of accounts related thereto; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form and execution of the official statement relating thereto; approving the form and execution of the Continuing Disclosure Certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said Bonds. 12/10/01, RECEIVED AND ASSIGNED to Finance Committee. 012191 [Definition of Homelessness] Supervisors Ammiano, Daly, Newsom Resolution establishing an official citywide definition of homelessness for San Francisco to enable all City Departments and community based organizations to communicate and share information on the homeless population using the same terms and parameters. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012192 [Recount of November 7, 2000 Election] Supervisors Gonzalez, McGoldrick Resolution urging the California Secretary of State to use its authority under California Government Code Section 12172.5 to conduct a full and public recount of the November 7, 2000 San Francisco Municipal election. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012193 [Recount of November 6, 2001 Election] Supervisors Gonzalez, McGoldrick Resolution urging the California Secretary of State to use its authority under California Government Code Section 12172.5 to conduct a full and public recount of the November 6, 2001 San Francisco Municipal election. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012194 [Grant - Planning Department] Supervisor Maxwell Resolution authorizing the Director of the Planning Department to accept and expend $45,000 in Transportation Development Act (TDA) funds programmed by the Metropolitan Transportation Commission to undertake a community planning process to result in a Visitacion Valley Strategy Plan in the City and County of San Francisco. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012195 [Grant - Department of Parking and Traffic] Supervisors Maxwell, Hall, Newsom Resolution authorizing the Director of the Department of Public Works and the Executive Director of the Department of Parking and Traffic to accept and expend up to $9,034,000 in state Regional Transportation Improvement Program (RTIP) Funds for various transportation capital projects in the City and County of San Francisco. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012196 [Matthew H. Hymel Day] Supervisors Peskin, Leno, Daly, Newsom Resolution recognizing Matthew H. Hymel's dedicated service to our City, and declaring December 21, 2001, to be "Matthew H. Hymel Day" in San Francisco. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012197 [Name West Sunset Playground Soccer Field in honor of James Lucey] Supervisors Yee, Hall, Newsom Resolution urging the San Francisco Recreation and Park Commission to name the West Sunset Playground Soccer Field in honor of James Lucey. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012198 [Commend - Circus Center] Supervisors Gonzalez, Daly, Newsom Resolution commending the Circus Center and declaring Wednesday December 19, 2001 to be Circus Center Day in San Francisco. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012199 [Commend - Al Evans] Supervisors Leno, Newsom, Gonzalez Resolution commending Al Evans for his historic preservationist work in the Alamo Square Neighborhood of San Francisco. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012200 [Commend - Norlean Bee] Supervisors Maxwell, Leno Resolution commending and celebrating the life of Norlean Bee for her lifelong commitment to protect, inspire and unite the community which she calls home. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012201 [Commend - City College of SF Football Team] Supervisors Sandoval, Newsom Resolution commending the City College of San Francisco football team for winning its third consecutive state and national division championship. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012202 [Commend - City College of SF Football Team] Supervisors Hall, Newsom Resolution commending the City College of San Francisco football Rams for winning their third consecutive national Junior College football championship. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012203 [Anti-Terrorism Block Grant Fund] Supervisor Leno Resolution urging the United States Congress to adopt the National Association of Counties (NACo) Homeland Security Task Force Recommendation for a county specific Anti-terrorism Block Grant Fund. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 011373 [Interim Control - Third Street] Supervisors Maxwell, Leno, McGoldrick Resolution adopting interim controls that would subject the following properties on Third Street between Islais Creek and Paul Avenue, which are currently zoned M (Industrial), to the more restrictive controls of NC-3 (Moderate-Scale Neighborhood Commercial) for a period of twelve months: Assessor's Block 4501, Lots 001, 003, 004, and 005; Block 4881, Lots 012, 018, 022, and 024, Block 4912, Lot 006, Block 4940, Lots 012A, 012B, and 024, Block 5211, Lots 027 and 028, Block 5217, Lot 001, Block 5225, Lot 010, Block 5226, Lots 025, and 028, Block 5235, Lots 003 and 011, Block 5242, Lots 021, 022, 023, 024, and 042; Block 5253, Lots 003, 008, 029 ,030, 031, 032, 033, and 034, Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036, Block 5272, Lots 045 and 048, Block 5279, Lots 001, 002 and 003, Block 5414, Lots 005, 006, 007, 008, 025, 026, 027, 028, and 030, Block 5418, Lots 001, 002, and 010, Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 016, 017, and 018, Block 5421, Lot 011, Block 5429, Lot 002, Block 5431A, Lots 001, 001M, 001U, 001V, and 004; adopting findings pursuant to Planning Code Section 101.1. (Received Certificate of Exemption/Exclusion from Environmental Review dated 9/25/01; received revised Certificate of Exemption/Exclusion from Environmental Review dated 10/22/01) (12/10/01 at Board: Supervisor Maxwell submitted a substitute resolution bearing new title.) 7/23/01, ASSIGNED UNDER 30 DAY RULE to Housing, Transportation and Land Use Committee, expires on 8/22/2001. 7/27/01 - Transmitted to Director of Planning for environmental review. 12/10/01, SUBSTITUTED. Supervisor Maxwell submitted a substitute resolution bearing new title. 12/10/01, ASSIGNED to Housing, Transportation and Land Use Committee. Requests for Hearing 012204 [Vote-By-Mail, Same Day Voter Registration] Supervisor Ammiano Hearing to consider Vote-By-Mail, Same Day Voter Registration and other changes to state law designed to enhance voter turnout. 12/10/01, RECEIVED AND ASSIGNED to Rules Committee. 012205 [PUC's Long Term Capital Improvement Plan] Supervisor Hall Hearing to consider the Public Utilities Commission's long term capital improvement plan. 12/10/01, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. 012206 [1996's Proposition A Affordable Housing Funds] Supervisor Hall Hearing to consider the 1996's Proposition A affordable housing funds. 12/10/01, RECEIVED AND ASSIGNED to Rules Committee. 012207 [Arts and Social Service Non-Profit Groups] Supervisor McGoldrick Hearing on possible funding mechanisms by which the City may help arts and social service non-profit groups secure affordable office and studio space in San Francisco, with special focus on how a bond measure may provide a secure and stable source of funding for such efforts. 12/10/01, RECEIVED AND ASSIGNED to Finance Committee. 012208 [Department of Building Inspection] Supervisor McGoldrick Hearing on the practices of Department of Building Inspection with regard to safety inspections of balconies and porches in residential housing. 12/10/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 012209 [Unsound Building Reports] Supervisor McGoldrick Hearing on the practices of Department of Building Inspection with regard to the production of what are known as "unsound building" reports, which are used as a justification for demolition of buildings. 12/10/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. 012210 [Board of Appeals] Supervisor McGoldrick Hearing on changes to the rules of procedure proposed by the Board of Appeals for proceedings before that body. 12/10/01, RECEIVED AND ASSIGNED to Rules Committee. 012211 [Planning Commission Public Comment] Supervisor McGoldrick Hearing on the experience of the Planning Commission over the last year with regard to changes in the rules for public comment and how such changes may have affected the number and type of persons participating in public comment. 12/10/01, RECEIVED AND ASSIGNED to Rules Committee. 012212 [Closure of Van Ness Avenue Corridor] Supervisors Newsom, Peskin, Daly Hearing to discern pedestrian safety and transportation network issues as a result of the proposed long term traffic changes of the Van Ness Avenue Corridor. 12/10/01, RECEIVED AND ASSIGNED to Housing, Transportation and Land Use Committee. Motions 012213 [Rebuttal Ballot Arguments] Supervisor Ammiano Motion authorizing Supervisor Gonzalez to submit a rebuttal ballot argument in favor of Proposition A, Supervisor McGoldrick to submit a rebuttal ballot argument in favor of Proposition B, Supervisor Gonzalez to submit a rebuttal ballot argument in favor of Proposition C, Supervisor McGoldrick to submit a rebuttal ballot argument in favor of Proposition D and Supervisor Leno to submit a rebuttal ballot argument in favor of Propositon E on the March 2002 ballot. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 012214 [Legislative Analyst Request] Supervisor Sandoval Motion asking the Legislative Analyst to conduct general research and review of 2000 census data, analyzing both the economic and social demographics for the City of San Francisco by supervisorial district and for the City as a whole. 12/1/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration December 12, 2001. 012215 [Legislative Analyst Request] Supervisor Yee Motion asking the Legislative Analyst to produce a report that identifies persons nominated and appointed to City Boards and Commissions. The report should include: (1) data on gender, age, ethnicity, and term of appointment; and (2) all persons whether current or past from January 1, 1999 to the present. 12/10/01, ASSIGNED to Board of Supervisors. Scheduled for Board consideration December 12, 2001. 012216 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Yee, Daly, Peskin, McGoldrick, Maxwell, Leno Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. 12/10/01, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 012027 [Appropriation - Airport Commission Airline Passenger Facility Charge (PFC2 ) Revenue] Ordinance appropriating $244,757,735 of Passenger Facility Charge (PFC2) revenue to fund the cost of the principal and interest on bonds issued for certain eligible costs associated with the new international terminal complex, and the development and implementation of the precision runway monitoring system at the Airport Commission for fiscal year 2001-02, placing $244,757,735 on reserve pending approval by the Federal Aviation Administration of the Passenger Facility Charge (PFC2). (Controller) (Fiscal impact.) 12/3/01, RECEIVED AND ASSIGNED to Finance Committee. PROPOSED RESOLUTIONS 012036 [Gift Acceptance from Friends and Foundation of the San Francisco Public Library] Resolution authorizing the Public Library to accept and expend a gift in the amount of $12,000 from the Friends and Foundation of the San Francisco Public Library to purchase materials related to the gay, lesbian, transgender and bisexual community. (Public Library) 11/15/01, RECEIVED AND ASSIGNED to Audit, Labor and Government Efficiency Committee. 012180 [Extending Cooperative Agreement between the Treasure Island Development Authority and the U.S. Navy] Resolution approving and authorizing the Treasure Island Development Authority to enter into the 11th modification to the Cooperative Agreement with the Navy to extend the Cooperative Agreement to June 30, 2002 for an additional amount of Navy reimbursement not to exceed $145,000. (Mayor) 12/5/01, RECEIVED AND ASSIGNED to Finance Committee. Requests Granted From: Supervisor Gonzalez To: City Attorney Requesting/Inquiring: To draft a ballot measure to appear before the voters in November 2002 to modify the appointment process for the Golden Gate Park Concourse Authority to require any appointments by the Mayor to the Concourse Authority to be confirmed by the Board of Supervisors by a two-thirds majority. Additionally, the measure will specify the areas of experience and knowledge of prospective holders of seats on the Concourse Authority. From: Supervisor Hall To: City Attorney Requesting/Inquiring: To draft legislation the would (1) immediately eliminate any City position that has been vacant since July 1, 2001; (2) require that, beginning on the effective date of the ordinance, any position that remains vacant for at least four months will be eliminated; (3) create a waiver provision if the Board of Supervisors passes an ordinance, by a 2/3 vote, approves such a waiver, and only after the Department seeking the waiver has completely demonstrated to a Committee of the Board that it is actively searching for a qualified applicant; and (4) require a Department creating a new position to appear before a Committee of the Board to demonstrate that the new position is substantially different from any previously eliminated position within the Department, and then require 2/3 Board approval of an ordinance creating the new position. From: Supervisor Hall To: City Attorney Requesting/Inquiring: To draft legislation that caps the total number of city employees at its current level as a percentage of the City's total population. In census years, use United States Census Department figures to determine the City's population; in non-census years, use California Department of Finance population figures to determine the City's population. Create an exception for public safety employees - In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: John Michael DeGregorio (Supervisor Sandoval) Frank Puccetti (Supervisor Sandoval) Mrs. Norlean Bee (Supervisor Maxwell) ADJOURNMENT There being no further business, the Board at the hour of 4:32 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 28, 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