Board of Supervisors Minutes: March 4, 2002

Full Board Minutes City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Monday, March 4, 2002 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors TOM AMMIANO, PRESIDENT CHRIS DALY, MATT GONZALEZ, TONY HALL, MARK LENO, SOPHIE MAXWELL, JAKE McGOLDRICK, GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL, LELAND Y. YEE Members Present: Tom Ammiano, Chris Daly, Matt Gonzalez, Tony Hall, Mark Leno, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaron Peskin, Gerardo Sandoval, Leland Y. Yee. Members Excused: None. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Tom Ammiano presiding. The meeting was called to order at 2:00 p.m. On call of the roll, the following Supervisors were noted absent: Supervisors Sandoval, Yee - 2. Quorum present. Supervisor Yee was noted present at 2:02 p.m. Supervisor Sandoval was noted present at 2:10 p.m. APPROVAL OF MEETING MINUTES Supervisor Peskin, seconded by Supervisor Maxwell, moved to approve the January 14 and January 22, 2002 Meeting Minutes. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval AGENDA CHANGES The President inquired if there we any changes to the agenda members were aware of which needed to be continued, tabled, or considered differently. The President, Supervisor Ammiano indicated the matter relating to the Board Off-Site Meeting, File 020344. (See infra.) CONSENT AGENDA Recommendations of the Finance Committee 020189 [Supplemental Appropriation, Department of Public Works] Supervisors Peskin, Hall Ordinance reappropriating $500,000 from the Third Street Light Rail Street Resurfacing Project to Various Street Treatment Projects in Districts 4 and 7 to be spent by the end of fiscal year 2001-02 and reappropriating $2,295,000 from the Taraval Street Resurfacing Project to Various Street Resurfacing Projects to be identified in consultation with the San Francisco County Transportation Authority to be spent by the end of fiscal year 2002-03 for a total of $2,795,000 for the Department of Public Works. (Fiscal impact.) Enacted Number: 25-02 FINALLY PASSED 020247 [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 $620,000 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) PASSED, ON FIRST READING 020046 [Bay Area Cellular Telephone Company dba AT&T Wireless Lease] Resolution authorizing and approving a lease of cellular transmitter space at the Fire Station 30 (inactive) at 1300 4th Street to Bay Area Cellular Telephone Company dba AT&T Wireless. (Real Estate Department) Enacted Number: 150-02 ADOPTED Recommendations of the Health and Human Services Committee 020108 [Grant - Mental health services to transgender racial and ethnic minorities in non-mental health settings] Supervisors Leno, Newsom Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $400,000 for the first year of three years from the Substance Abuse and Mental Health Services Administration (SAMHSA) to expand mental health services for racial and ethnic minority transgenders in non-mental health settings and to enter into an agreement for the use of these funds; for the period of October 1, 2001 to September 30, 2002. (Public Health Department) Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 153-02 ADOPTED 020124 [Balboa Teen Health Center services to participants and staff of the YMCA OMI/Excelsior Neighborhood Beacon Center] Supervisors Sandoval, Hall, Newsom Resolution authorizing the San Francisco Department of Public Health, Community Health Network, Balboa Teen Health Center (BTHC) to enter retroactively into an agreement in the amount of $19,304 with the Urban Services YMCA OMI/Excelsior Neighborhood Beacon Center (YMCA) to provide services to Beacon Center participants and staff; for the period of July 1, 2001 to June 30, 2002. (Public Health Department) Supervisors Hall, Newsom requested to be added as co-sponsors. Enacted Number: 154-02 ADOPTED Recommendations of the Rules and Audits Committee 020126 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Laura Williams against the City and County of San Francisco for $37,500.00; the lawsuit was filed on July 11, 2000 in San Francisco Superior Court, Case No. 313-526; entitled Williams, et al., v. City and County of San Francisco, et al; other material terms of said settlement are BART will also contribute $37,500.00. (City Attorney) Enacted Number: 30-02 FINALLY PASSED 020139 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by El Paso Energy Marketing Co. against the City and County of San Francisco for $67,999.00; the lawsuit was filed on February 6, 2001 in San Francisco Superior Court, Case No. 318-666; entitled El Paso Energy Marketing Co. v. City and County of San Francisco. (City Attorney) Enacted Number: 31-02 FINALLY PASSED 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 Recommendations of the Neighborhood Services and Recreation Committee 012234 [Shopping Carts] Supervisors Newsom, Peskin Ordinance amending the San Francisco Public Works Code by adding Article 24, consisting of Sections 1400 through 1409, to declare unattended empty shopping carts on either public property or on private property without the owner’s consent to be a nuisance, and authorizing the Department of Public Works to seize such shopping carts and charge impound and storage costs where the shopping carts are not retrieved by their owner within two days from the receipt of notice of the seizure; requiring a report from the Department of Public Works evaluating the success of its implementation of this ordinance. Supervisor Hall moved to amend page 4, line 21, after "paid in full" by inserting "by the retailer or the person(s) collecting the carts at the time of collection from the Department of Public Works." Supervisor Hall, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Rules and Audits Committee 020017 [Whistleblowers] Supervisors Gonzalez, Peskin Ordinance amending Sections 4.100, 4.105, 4.110 and 4.115 of the San Francisco Campaign and Governmental Conduct Code to: provide protection to whistleblowers who file a complaint with the Controller, District Attorney or City Attorney or a written complaint with the complainant’s department regarding improper government activity by a City officer or employee; provide a list of the types of complaints of improper government activity; clarify that protections for whistleblowers apply only when the whistleblower is subject to certain adverse employment actions; and require that the Ethics Commission prepare and all City departments post a notice about protections for whistleblowers. Enacted Number: 29-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Transportation and Commerce Committee 011125 [Commercial Vehicle Weight Restriction - Mariposa Street] Ordinance adding Section 28.5.54 to the San Francisco Traffic Code, establishing a commercial vehicle weight restriction on a portion of Mariposa Street. (Parking and Traffic Department) Enacted Number: 27-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 011962 [Prohibition on Video Signs and Rotating Signs] Supervisors Peskin, Leno, Newsom Ordinance amending Planning Code Sections 607 and 607.1 to prohibit the use of signs that project or emit animated video or video images of any kind in specified districts; amending Planning Code Section 607 to prohibit use of certain rotating signs in specified districts; making findings of consistency with the San Francisco General Plan and the Priority Policies of Planning Code Section 101.1; and making the prohibition on video signs retroactive to February 20, 2001. (Planning Commission Resolution #16324 adopted 1/10/02 recommending approval. Received Certificate of Exemption/Exclusion from Environmental Review dated 12/17/01) Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 28-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee NEW BUSINESS Recommendations of the Health and Human Services Committee 011851 [Mandatory Minimum Federal Sentencing Guidelines] Supervisor Gonzalez Resolution urging the United States Congress to support HR 1978 in repealing Mandatory Minimum Federal sentencing guidelines. Enacted Number: 149-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020094 [Preventive oral health care among various ethnic/racial caregivers of children in San Francisco between 1 and 5 years of age] Supervisor Leno Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $93,537 with The Regents of the University of California (UCR), the primary contractor, to understand ethnic/racial cultural differences related to children’s oral health, under the first year of an award from the National Institutes of Health (NIH); for the period of September 1, 2001 to July 31, 2002. (Public Health Department) Supervisor Leno requested to be added as sponsor. Enacted Number: 151-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020103 [Reduce risk behaviors that lead to exposure to HIV and increase adherence to remedial treatment after exposure to HIV] Supervisor Leno Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $162,320.48 with The Regents of the University of California San Francisco (UCRSF), for the "Behavioral, Basic and Clinical Studies of the Post-Exposure Prophylaxis (PEP)" project for the period of September 1, 2001 to August 31, 2002. (Public Health Department) Supervisor Leno requested to be added as sponsor. Enacted Number: 152-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020132 [Research study to evaluate the effectiveness of different approaches for reducing the transmission risk behaviors of HIV-infected patients] Supervisor Leno Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $241,549 with The Regents of the University of California San Francisco (UCSF), the primary contractor, for a collaborative study of prevention for HIV-positive persons under the first year of an award from the DHHS Centers for Disease Control and Prevention (CDC); for the period of September 30, 2001 to September 29, 2002. (Public Health Department) Supervisor Leno requested to be added as sponsor. Enacted Number: 155-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020138 [Mental health services provided to high risk children ages 0 to 5 years and their families in San Francisco] Supervisor Leno Resolution authorizing the San Francisco Department of Public Health (SFDPH) to retroactively accept and expend $50,000 for the first year of a two year grant from the California Department of Mental Health (CDMH) to expand the number of mental health assessments and other mental health services to children ages 0-5 years and their families; for the period of July 1, 2001 to June 30, 2002. (Public Health Department) Supervisor Leno requested to be added as sponsor. Enacted Number: 156-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020157 [Local Regulation of Cigarette Advertising] Supervisors Daly, Leno Resolution urging the United States Congress to amend the Federal Cigarette Labeling and Advertising Act to allow state and local governments to regulate tobacco advertising and directing the City’s Federal Legislative Representative to take appropriate steps in order to further the enacting of this legislation. Enacted Number: 157-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020158 [Reducing Greenhouse Gas Emissions] Mayor, Supervisor Peskin Resolution supporting efforts to curb global warming, adopting greenhouse gas emissions reduction goals for the City and County of San Francisco in excess of the targeted goals of the Kyoto Protocol, and calling for continued actions towards achieving these goals. (Mayor) Supervisor Peskin requested to be added as co-sponsor. Enacted Number: 158-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee COMMITTEE REPORTS Recommendation of Health and Human Services Committee 020290 [March 2002 Primary Election] Supervisor Leno Resolution urging the California Secretary of State to oversee the March 2002 primary election in the County of San Francisco. Enacted Number: 159-02 ADOPTED by the following vote: Ayes: 7 - Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin Noes: 4 - Ammiano, McGoldrick, Sandoval, Yee PUBLIC COMMENT Abdalah Megahed, homeless; Ernestine Weiss, problems with passthroughs; Vernon Jenkins, get out the vote; Female speaker, Calwork County Plan; James Chaffee, San Francisco Public Library Foundation; Male speaker, homeless summit; Robert Pender, Park Merced Tenants Association. 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. 020365 [Legislative Analyst Request] Supervisor Ammiano Motion asking the Legislative Analyst to research the steps required for the City and County of San Francisco to attract a professional women’s sports franchise, including required financial backing and sporting venues and capacity. The report should document, to the extent possible, bids offered in other jurisdictions to obtain teams, ticket sales in other local sporting venues, such as Candlestick Park to be used for soccer and the status of plans to develop a basketball arena and new football stadium in San Francisco. APPROVED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation 020321 [Existing Litigation] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following lawsuits involving challenges to the City’s Minority/Women/Local Business Utilization Program: Coral Construction, Inc. v. San Francisco San Francisco Superior Court No. 319549 Date Filed: 9/12/00 San Francisco v. Scott Santa Clara County Superior Court, No. 787-323 Date Filed: 9/21/99 (City Attorney) Supervisor Yee moved to continue this matter to March 18, 2002. Supervisor Yee, seconded by Supervisor Leno, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee. 020349 [Domestic Partner Ceremony Certificates] Supervisors Ammiano, Newsom, Leno Resolution authorizing the issuance of honorary Domestic Partner Ceremony Certificates to domestic partners who neither work for nor live in San Francisco yet participate in the domestic partnership ceremony to be held in City Hall on March 21, 2002 and authorizing the San Francisco County Clerk’s Office to accept donations therefor. Supervisors Newsom, Leno requested to be added as co-sponsors. Enacted Number: 160-02 ADOPTED 020352 [Satellite Charter Schools] Supervisor Gonzalez Resolution urging the California State Legislature to introduce legislation restricting the establishment and operation of charter schools and their satellite campuses to the county in which the original charter was issued. Enacted Number: 165-02 ADOPTED 020353 [Charter School Enrollment] Supervisor Gonzalez Resolution urging the state Legislature to amend the state Education Code to create a default placement process for a random selection of public school students into one-third of student admission slots in charter schools. Enacted Number: 166-02 ADOPTED 020356 [Homeless Death Prevention Community Advisory Board] Supervisors Newsom, Daly Resolution urging the Mayor to request that the Medical Examiner and the Director of the Department of Public Health reactivate the Homeless Death Prevention Community Advisory Board or some other appropriate policy-making group to track and analyze the death of homeless individuals. Enacted Number: 167-02 ADOPTED 020358 [Commend - Castro Theatre] Supervisors Leno, Newsom, Peskin Resolution commending the Castro Theatre on the eightieth anniversary of its historic theatre building and the Nasser family for their ongoing refurbishment of the structure. Supervisors Newsom, Peskin requested to be added as co-sponsors. Enacted Number: 163-02 ADOPTED 020342 [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: M02-38 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 020350 [Corporate Property Reassessment] Supervisor Gonzalez Resolution urging the California State Legislature to place on the ballot a constitutional amendment modifying current tax code to close corporate loopholes in Proposition 13 and allow reassessment of corporate property at current value. Supervisor Yee requested this matter be severed so it could be considered separately. Supervisor Yee requested this matter be sent to committee. REFERRED to the Rules and Audits Committee. 020351 [Small School Policy] Supervisors Gonzalez, Sandoval, Leno, McGoldrick Resolution supporting the San Francisco Board of Education’s resolution establishing an autonomous small school policy for the San Francisco Unified School District. Supervisor Sandoval requested this matter be severed so it could be considered separately. Supervisors Sandoval, Leno and McGoldrick requested to be added as co-sponsors. Supervisor Yee requested this matter be sent to committee. REFERRED to the City and School District Committee. 020354 [Reformation of the Calpine Contract] Supervisors Leno, Daly Resolution urging the Public Utilities Commission and the City Attorney to reform or terminate San Francisco’s contract with Calpine Energy Services, L.P. and urging the Public Utilities Commission and the City Attorney to take all appropriate steps to reform the CES contract, including filing a complaint at the Federal Energy Regulatory Commission and a civil lawsuit challenging the CES contract. Supervisor Leno requested this matter be severed so it could be considered separately. Supervisor Leno moved to continue consideration to March 11, 2002. Supervisor Leno, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020355 [Urging CALTRANS to Resolve Transbay Terminal Garage Dispute] Supervisor Leno Resolution urging CALTRANS not to contract with entities that owe the City large sums of money in parking tax, or that disguise their obligations by changing business identities, or are otherwise debarred from other City agencies from doing business with the City. Supervisor Leno requested this matter be severed so it could be considered separately. Enacted Number: 161-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020357 [Cesar Chavez Holiday Parade and Festival] Supervisors Sandoval, McGoldrick, Leno, Maxwell Resolution recognizing the 2nd Annual Cesar Chavez Holiday Parade and Festival on March 24, 2002. Supervisor McGoldrick requested this matter be severed so it could be considered separately. Supervisors McGoldrick, Leno, Maxwell requested to be added as a co-sponsors. Enacted Number: 162-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020359 [Commend - Dolores Red] Supervisor Maxwell Resolution commending Dolores Red for her 34 years of devoted service to the City and County of San Francisco and proclaiming Thursday, March 14, 2002 as "Dolores Red Day". Supervisor Maxwell requested this matter be severed so it could be considered separately. Supervisor Maxwell moved to amend the title, page 1, line 4, by replacing "Thursday, March 14" with "Wednesday, March 13". Supervisor Maxwell, seconded by Supervisor Daly, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Resolution commending Dolores Red for her 34 years of devoted service to the City and County of San Francisco and proclaiming Wednesday, March 13, 2002 as "Dolores Red Day". Supervisors Newsom, Leno requested to be added as co-sponsors. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020344 [Board Off-site Meetings] Supervisor Ammiano Motion ordering the City and School District Committee meeting of the Board of Supervisors to be held at the Irving G. Breyer Board Meeting Room, Board of Education, 555 Franklin Street, First Floor, San Francisco, on March 20, 2002, at 3:00 P.M. and directing the Clerk of the Board to prepare the proper notices and postings. Supervisor Ammiano requested this matter be severed so it could be considered separately. Supervisor Ammiano moved to amend the title, page 1, line 4, by replacing "March 20" with "April 17"; on page 2, line 2, replace "March 20" with "April 17". President Ammiano, seconded by Supervisor Daly, moved that this Motion be AMENDED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Motion ordering the City and School District Committee meeting of the Board of Supervisors to be held at the Irving G. Breyer Board Meeting Room, Board of Education, 555 Franklin Street, First Floor, San Francisco, on April 17, 2002, at 3:00 P.M. and directing the Clerk of the Board to prepare the proper notices and postings. APPROVED AS AMENDED 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 020366 [Supplemental Appropriation - Airport] Supervisors Daly, Gonzalez, Sandoval Ordinance rescinding appropriations totaling $1,825,845 for positions impacted by the Management Classification and Compensation Plan and working on the Airport Runway project at the Airport for fiscal year 2001-02. (Fiscal impact; Companion measure to File 020367.) 3/4/02, RECEIVED AND ASSIGNED to Finance Committee. 020367 [Amendment to Annual Salary Ordinance - Airport] Supervisors Daly, Gonzalez, Sandoval Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2001/02) reflecting the abolishment of 17 positions at the Airport Commission. (Fiscal impact.) 3/4/02, RECEIVED AND ASSIGNED to Finance Committee. 020368 [Supplemental Appropriation - San Francisco’s Finance Corp.] Mayor Ordinance appropriating $8,420,000 from the sale of lease-revenue bonds by the Mayor’s Finance Corporation to fund purchase of equipment citywide for fiscal year 2001-02. (Mayor) (Fiscal impact.) 3/4/02, RECEIVED AND ASSIGNED to Finance Committee. 020369 [MOU - Fire] Mayor Ordinance adopting and implementing the Memorandum of Understanding between Municipal Executives’ Association (Fire) and the City and the County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor) 3/4/02, RECEIVED AND ASSIGNED to Finance Committee. 020370 [MOU - Police] Mayor Ordinance adopting and implementing the Memorandum of Understanding between Municipal Executives’ Association (Police) and the City and the County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor) 3/4/02, RECEIVED AND ASSIGNED to Finance Committee. Resolutions 020371 [Adoption of Board of Supervisors 2002 Budget Process] Supervisors Maxwell, Peskin, Ammiano, McGoldrick, Newsom Resolution adopting the San Francisco Board of Supervisors’ 2002 Budget Process. 3/4/02, RECEIVED AND ASSIGNED to Budget Committee. Sponsor requests this item be scheduled for consideration at the March 19, 2002 meeting. 020372 [Permitting Immigrants to the Federal Office Building] Supervisors Ammiano, Daly Resolution urging the United States Federal Office Building and the Office of the Internal Revenue Service to permit entry into the building by immigrants regardless of their immigration status to carry on normal business in the building. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020373 [State Grant - Planning Department] Supervisors Gonzalez, Hall, Newsom Resolution authorizing the Planning Department to apply for and accept funds, in an amount not to exceed $50,000, from the California State Library, State of California, to aid in the preparation, adoption and implementation of a cultural preservation plan that promotes the preservation of Japantown in San Francisco. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020374 [State Grant - Recreation and Park Department] Supervisors Leno, Hall, Newsom Resolution authorizing the Recreation and Park Department to accept and expend a grant in the amount of $250,000 from the California State Coastal Conservancy for habitat restoration and trail improvements in Glen Canyon Park. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020375 [Recognition of Great American Meatout] Supervisors Maxwell, Daly Resolution in recognition of The Great American Meatout, March 20, 2002. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020378 [Commending Killing My Lobster] Supervisors Sandoval, Daly Resolution commending Killing My Lobster for outstanding sketch comedy group performances and award-winning independent film production in the city of San Francisco. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 020379 [March 5, 2002 Election] Supervisor Hall Hearing on the presentation from the Department of Elections, Elections Commission, and Citizens Advisory Committee to the Department of Elections to the Board of Supervisors on March 5, 2002 election. 3/4/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 020380 [Musee Mecanique Potential Closure] Supervisor Hall Hearing on the potential closure of the Musee Mecanique at the Cliff House by the GGNRA. 3/4/02, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee. 020381 [Status of Treasure Island Development Proposals] Supervisor McGoldrick Hearing on the status of Treasure Island development proposals, including the basis for the selection of Treasure Island Community Development ("TICD, LLC") consisting of four partners, as the sole developer, the wisdom of issuing a Request of Proposal ("RFP") to one developer, for a 450 acre development, without competition in the planning of the development or the amount of the financial return to the City and County of San Francisco; a review of the financial qualifications and available capitalization of TICD to complete this major long term development; and a consideration of the adequacy of the proposed RFP to protect the interests of citizens of San Francisco and the Bay Area. 3/4/02, RECEIVED AND ASSIGNED to Finance Committee. 020382 [Musee Mecanique Possible Closure] Supervisor McGoldrick Hearing on the possible closure of the Musee Mecanique at the Cliff House and options to continue the operation of this San Francisco treasure. 3/4/02, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee. 020383 [Natural Areas Program] Supervisor Newsom Hearing to consider the Natural Areas Program, including but not limited to the possible creation of a Citizens Task Force to monitor this program, the acreage of City park lands and any pending violations of the current California Environmental Quality Act (CEQA). 3/4/02, RECEIVED AND ASSIGNED to Neighborhood Services and Recreation Committee. 020384 [City’s 3-Year Budget Projection] Supervisor Peskin Hearing regarding the City’s 3-year Budget Projection, and respectfully requests the Controller and the Mayor’s Budget Director to brief the Budget Committee on this projection. 3/4/02, RECEIVED AND ASSIGNED to Budget Committee. Motions 020376 [Performance Audit Schedule] Supervisor Hall Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020385 [Amendment to Rules of Order] Supervisor Ammiano Motion amending the Rules of Order of the Board of Supervisors of the City and County of San Francisco to add Rule 6.2, which would allow for an orderly transition of outgoing and newly elected members of the Board of Supervisors. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020386 [Extending Time for Negotiations] Mayor Motion extending time for negotiations pursuant to Charter Section 11.100. 3/4/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 020249 [Settlement of Lawsuit] Ordinance authorizing settlement of the matter of Stephanie Fouchia v. City and County of San Francisco for $65,000. The lawsuit was filed on March 7, 2001, in San Francisco Superior Court, Case No. 319-456; entitled Stephanie Fouchia v. City and County of San Francisco. (City Attorney) 2/26/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 020318 [Supplemental Appropriation, HIV/AIDS Services] Supervisors Daly, Ammiano Ordinance appropriating $739,727 from the General Fund Reserve for service for persons living with AIDS and HIV to offset losses of federal funding under the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act for the Public Health Department in fiscal year 2001-02. (Fiscal impact.) 2/27/02, RECEIVED AND ASSIGNED to Finance Committee. 020319 [Municipal Code Amendment - Deletion of Court Reporter Requirement for Board of Appeals] Ordinance amending the San Francisco Business and Tax Regulations Code by amending Section 11 to authorize the Board of Appeals to use the Department of Telecommunications and Information Technology’s Citywatch Cable Channel 54 videotape as a record of the Board’s proceedings in lieu of attendance at the hearing by a court reporter. (Board of Appeals) 2/27/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. PROPOSED RESOLUTIONS 020250 [Amending San Francisco’s CalWORKs County Plan - Cal-Learn] Resolution approving an amendment to San Francisco’s CalWORKs County Plan to allow the San Francisco Department of Human Services to directly provide Cal-Learn case management services to pregnant and parenting teens receiving Temporary Aid to Needy Families. (Human Services Department) 2/27/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. 020252 [2002 Finance Corporation Equipment Program] Mayor Resolution approving the form of and authorizing execution and delivery by the City and County of San Francisco of an equipment lease Supplement No. 9 (Series 2002a Bonds) between the City and the County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco, as lessee, with respect to the equipment to be used for city purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to exceed $9,000,000; providing for reimbursement to the City of certain city expenditures incurred prior to the issuance of Lease Revenue Bonds; and providing for the execution of documents in connection therewith and ratifying previous actions taken in connection therewith. (Mayor) (Fiscal impact.) 2/27/02, RECEIVED AND ASSIGNED to Finance Committee. 020320 [Grant Federal Funds] Resolution authorizing the Municipal Transportation Agency Board to Accept and Expend $1,622,000 of Federal Congestion Mitigation and Air Quality (CMAQ) funding for the Bayview Connections project. (Municipal Transportation Agency) 2/27/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. Requests Granted From: Supervisor Ammiano To: City Attorney Requesting/Inquiring: To draft a Charter Amendment to allow issuance of water, power and sewer revenue bonds under the jurisdiction of the Public Utilities Commission issued by the Board of Supervisors by a 2/3 vote, with the following restrictions: (1)The Controller, the Budget Analyst and the Mayor’s Office of Public Finance must issue a joint report certifying that the PUC’s bond rating could be lowered if proposed work is not completed and the cost of the work could increase if not undertaken immediately; (2) The PUC must issue a report certifying that the work is required to seismically reinforce the water or sewer system, replace aging systems that could collapse, repair or replace mission critical systems, increase system capacity or provide system redundancy; (3)ú The work must have a certified Environmental Impact Report or Environmental Impact Statement; (4)ú For single bond issues over $100 million, the voters can trigger a referendum; and (5) The Mayor and the Board of Supervisors are prohibited from transferring excess Hetch Hetchy revenues from the PUC to the General Fund for a period of 10 years. From: Supervisor Ammiano To: City Attorney To: General Manager, Public Utilities Commission Requesting/Inquiring: That the City Attorney, in consultation with the Public Utilities Commission, develop a list of proposed issues and a proposed structure for negotiations with Bay Area Water Users pertaining to the selection of capital improvement projects, the timeline for construction and shared financing for projects that benefit both San Francisco and Bay Area water users. From: Supervisor Ammiano To: Bay Area Water Users Requesting/Inquiring: To respond to the Public Utilities Commission’s proposed Capital Improvement Plan to the City’s water and sewer infrastructure. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Lisa Elaine Ross (Supervisor Ammiano) George Rylander (Supervisor Yee) Rose C. Redmond (Supervisor Yee) John Wieners (Supervisor Gonzalez) Dr. A. Jess Shenson (Supervisor Leno) Irwin McJunkins (Supervisor Daly) George N. Hale, Jr. (Supervisor Leno) Charles R. Bubb, Jr. (Supervisor Leno) John O. Gantner (Supervisor Peskin) ADJOURNMENT There being no further business, the Board at the hour of 3:28 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 May 6, 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@sfgov.org 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.sfgov.org/bdsupvrs/sunshine.htm