Board of Supervisors Minutes: April 29, 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, April 29, 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 Gonzalez, Hall, Maxwell, McGoldrick - 4. Quorum present. Supervisors Gonzalez, Hall, McGoldrick were noted present at 2:01 p.m. Supervisor Maxwell was noted present at 2:02 p.m. APPROVAL OF MEETING MINUTES Supervisor Peskin, seconded by Supervisor Leno, moved to approve the February 25, 2002 Meeting Minutes. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 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. Privilege of the Floor Supervisor Daly, seconded by Supervisor McGoldrick, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guest. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Introduction of Guest Supervisor Daly introduced, welcomed and presented a Certificate of Honor to Rachael Bolden Kramer. CONSENT AGENDA Recommendations of the Rules and Audits Committee 020474 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Homes Not Jails, Robert Haaland, Ted Gullicksen, Mara Raider, Cathleen Gray, David Acquino, Allison Lum and Miguel Wooding against the City and County of San Francisco, Sergeant Frederick Schiff and Captain John Newlin for $22,500; the lawsuit was filed on August 10, 1999 in San Francisco Superior Court, Case No. 305-552; entitled Homes Not Jails, et al., v. City and County of San Francisco, et al; the City and County of San Francisco, Sergeant Frederick Schiff and Captain John Newlin joined in the removal of this case to the United States District Court on September 14, 1999, Case No. C99-4204 TEH; other material terms of said settlement are that the $22,500 is the total to plaintiffs plus reasonable attorneys fees to be determined by the Court, but not less than $35,000 and not more than $100,000. (City Attorney) Enacted Number: 67-02 FINALLY PASSED 020478 [Settlement of Lawsuit] Ordinance approving settlement of the lawsuit filed by Aeroground, Inc. against City and County of San Francisco, et al., by payment by City and County of San Francisco to Aeroground, Inc. in the amount of $400,000 and other terms; the lawsuit was filed on August 25, 2001, in the United States District Court, Case No. C 01-1628VRW, entitled Aeroground, Inc., vs. City and County of San Francisco; San Francisco Airport Commission; and John L. Martin, in his official capacity as Director of the San Francisco International Airport. (Airport Commission) Enacted Number: 68-02 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS Consideration of the Mayor’s Disapproval 011798 [Interim Zoning Requiring Conditional Use Authorization for Large Retail Uses] Supervisor Ammiano Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for large retail uses in C-2, C-M, M-1, M-2, RSD, SLR, SLI, SPD and SSO zones, including, where permissible, lots under the jurisdiction of the San Francisco Port Commission, for a one year period and making a determination of consistency with the priority policies of Planning Code Section 101.1. (Certificate of Exemption/Exclusion from Environmental Review dated 12/7/01) (Supervisor Hall dissenting in Committee.) (April 5, 2002 - VETOED by Mayor.) Note: The Board has 30 days to act from the date the legislation was signed by the Mayor.Override of a veto requires a 2/3rds vote of the Board, the Board may either vote the legislation up or down, no amendments.The 30th day from April 5, 2002 is May 5, 2002. Supervisor Daly, seconded by Supervisor Maxwell, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Consideration of the Mayor’s Disapproval 012127 [Prohibition of New Live/Work Units] Supervisors Ammiano, Daly Ordinance amending the San Francisco Planning Code by amending the definition of "Live/Work Unit" in Section 101.13 to clarify that the residential use and the integrated work space must be in the same unit, and by amending Section 233 to prohibit new Live/Work Units except for accessory uses authorized by Section 204.4. (Planning Commission Resolution #16359 adopted 3/7/02 recommending disapproval.Certificate of Exemption/Exclusion from Environmental Review dated 2/28/02) (Supervisor Hall dissenting in Committee.) (April 19, 2002 - VETOED by Mayor.) Note: The Board has 30 days to act from the date the legislation was signed by the Mayor.Override of a veto requires a 2/3rds vote of the Board, the Board may either vote the legislation up or down, no amendments.The 30th day from April 19, 2002 is May 19, 2002. Supervisor Newsom was previously excused from voting.(See Meeting Minutes of March 25, 2002.) Supervisor Daly requested to be added as a co-sponsor. Supervisor Daly, seconded by Supervisor McGoldrick,moved adoption to override the Mayor’s veto. Enacted Number: 56-02 ADOPTED OVER THE MAYOR’S VETO by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Noes: 1 - Hall Excused: 1 - Newsom From the Board of Supervisors 020413 [Redevelopment Agency] Supervisor Daly Ordinance amending Administrative Code Chapter 24 "Redevelopment Agency" by declaring the Board of Supervisors to be Governing Body of the Redevelopment Agency of the City and County of San Francisco, thereby replacing the existing seven-member appointed Board, with findings in support (California Community Redevelopment Law, Health & Safety Code 33000 et seq.); and establishing an eleven-member appointed Community Redevelopment Commission and delegating certain powers to the Commission. Supervisor Daly, seconded by Supervisor Maxwell, moved that this Ordinance be TABLED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendations of the Finance Committee 020390 [Administrative Code Revision: Health Service System] Supervisor McGoldrick Ordinance amending Chapter 16, Article XV, of Part 1 of the San Francisco Municipal (Administrative) Code by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. (Human Resources Department) (Fiscal impact.) Enacted Number: 65-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020464 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by New Times, Inc., San Francisco Newspaper Printing Company, Inc., Gannett Satellite Information Network, Inc., The New York Times Company, San Jose Mercury News, Inc., Los Angeles Times, Dow Jones & Company, Inc., Bay Guardian Company, Inc., and United Advertising Publications, Inc. against the City and County of San Francisco for $85,000; the lawsuit was filed on January 5, 1999, in the United States District Court for the Northern District of California, Case No. C-99-0020 (WHA); entitled New Times, Inc., et al., v. City and County of San Francisco, et al.; other material terms of said settlement are the City’s amendment of San Francisco Public Works Code Section 184.12, the Director of Public Works’ promulgation of amended guidelines, and the City’s approval of the First Amended and Restated Pedestal-Mounted Newsrack Agreement by and between the City and County of San Francisco and Clear Channel Adshel, Inc. (City Attorney) (Companion measure to Files 020465, 020466.) (Supervisor Daly dissenting in Committee.) Supervisor Gonzalez requested this matter be continuedto May 6, 2002 and to convene in closed session. Supervisor Gonzalez, seconded by Supervisor Daly, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee 020465 [Regulation of Newsracks; Amendment of Fixed Pedestal Newsrack Program] Ordinance amending the San Francisco Public Works Code, Article 5.4, by repealing the existing Section 184.12 and enacting a new Section 184.12 regulating the placement and maintenance of newsracks on public streets, sidewalks and rights-of-way to prohibit freestanding newsracks in specified areas of the City, authorizing the creation of fixed pedestal zones in specified areas of the City, and authorizing the Director of Public Works to select and enter into agreements with vendors to provide and maintain fixed pedestal newsracks. (City Attorney) (Supervisor Daly dissenting in Committee.) Supervisor Gonzalez requested this matter be continuedto May 6, 2002 and to convene in closed session. Supervisor Gonzalez, seconded by Supervisor Daly, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee 020466 [Contract - CCSF and Clear Channel Adshel, Inc.] Ordinance approving the First Amended and Restated Pedestal-Mounted Newsrack Agreement By and Between the City and County of San Francisco and Clear Channel Adshel, Inc., which allows for the provision, installation, and maintenance of pedestal-mounted newsracks on public property; approving an indemnification of the contractor by the City for specified claims initiated by publishers or other specified claimants, concerning the fixed pedestal program, the fixed pedestal units, their operation, or the agreement with Clear Channel Adshel, Inc., and for specified claims including bodily injury or property damage arising from the City’s performance of said agreement; and authorizing the Director of the Department of Public Works to make changes to the Department of Public Works Director’s Orders incorporated by reference in the agreement with Clear Channel Adshel, Inc. (City Attorney) (Supervisor Daly dissenting in Committee.) Supervisor Gonzalez requested this matter be continuedto May 6, 2002 and to convene in closed session. Supervisor Gonzalez, seconded by Supervisor Daly, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee 012003 [Retirement Benefits] Supervisors McGoldrick, Maxwell Ordinance amending Administrative Code Section 16.37-1 to provide for the setting of interest rates for retirement allowances. Enacted Number: 64-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020551 [Year 2002 Annual Joint Fundraising Drive Application and Designation Deadlines] Mayor Ordinance amending Section 16.93-4 of the San Francisco Administrative Code, which establishes March 1 of each year as the deadline for agencies who wish to participate in the Annual Joint Fundraising Drive to submit their applications, and which establishes May 1 of each year as the deadline for the Board to designate those agencies that qualify to participate in the City’s Annual Drive for that year, to allow any Mayor’s Fund to submit by April 15, 2002, their application to participate in the 2002 Annual Drive, and to allow the Board to designate those agencies that qualify to participate in the City’s Annual Drive for 2002 by June 1, 2002. (Mayor) Enacted Number: 70-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee From Finance Committee Without Recommendation 020534 [MOU Amendment No. 2, Collective Bargaining between MEA and CCSF] Mayor Ordinance adopting and implementing Amendment No. 2 to the 2001-2003 Collective Bargaining Agreement between the Municipal Executives’ Association and the City and County of San Francisco by amending Article III and adding Appendix H to incorporate the parties’ agreements regarding specified wage adjustments and to correct clerical errors. (Mayor) Enacted Number: 69-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Rules and Audits Committee 020406 [Settlement of Lawsuits and Claims] Mayor Ordinance approving a settlement between the International Federation of Professional and Technical Engineers, Local 21, the Municipal Executives’ Association, and the City and County of San Francisco of litigation and administrative claims concerning the assignment of classifications to bargaining units and related disputes. (Mayor) Enacted Number: 66-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Public Works and Public Protection Committee 011788 [Street Artists Program] Supervisor Ammiano Ordinance amending Article 24 of the San Francisco Police Code by amending Section 2402 to remove provision establishing the maximum annual amount paid to each member of the Advisory Committee of Street Artists and Craftsmen Examiners for meetings and studio visits. Enacted Number: 63-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee NEW BUSINESS Recommendations of the Finance Committee 020193 [Emergency Response Fee Amendments] Supervisors Peskin, Daly, Ammiano, Newsom Ordinance amending Articles 6 and 10a of the San Francisco Business And Tax Regulations Code by amending Sections 6.1-1, 750, 751, 753, 755 and 757, deleting Section 756 and adding Sections 752.2 and 755.1 to clarify the application of the Code’s common administrative provisions to the Emergency Response Fee; to provide for use of Emergency Response Fee Revenues for operating costs of the 911 Communication System; to update the findings supporting the fee; to increase the amount of the annual cap on fee payments per account, per service location to reflect inflation; to increase the fee rate for trunk line subscribers and add a rate for high capacity trunk line subscribers; and to eliminate the fee sunset, and amending Section 10.100-67 of the San Francisco Administrative Code to allow for use of monies in the Emergency Communications 911 Emergency Response Fund for operating costs of the 911 Communication System. (Fiscal impact.) Supervisor Newsom requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee 020194 [Supplemental Appropriation, Emergency Communications Department] Supervisors Peskin, Daly, Ammiano, Newsom Ordinance appropriating $1,344,031 from the 911 Access Fee and reappropriating $280,533 in permanent salaries for a total of $1,624,564 to provide funding for the Civilianization Plan of the Fire/EMS communications functions and offset shortfalls in salaries and overtime for the Emergency Communications Department for fiscal year 2001-02. (Fiscal impact; Companion measure to File 020195.) Supervisor Newsom requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee 020195 [Public Employment, Emergency Communications Department] Supervisors Peskin, Daly, Ammiano, Newsom Ordinance amending Ordinance No. 171-01 (Annual Salary Ordinance 2001/02) reflecting the creation of one position at the Emergency Communications Department. (Fiscal impact.) Supervisor Newsom requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - Yee SPECIAL ORDER 3:00 P.M. 020479 [Public Hearing - Conditional Use Appeal, 417 31st Avenue] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No.16346 dated February 14, 2002, approving Conditional Use Application No. 2001.0926C, to mount a total of three panel antennas to the belfry of an existing Church, within an NC-1 (Neighborhood Commercial Cluster) Zoning District and a 40-X Height and Bulk District, pursuant to Section 710.83 of the Planning Code, on property located at 417 31st Avenue, southwest corner of 31st Avenue and Clement Street; Lot 001, in Assessor’s Block 1463. (Filed March 18, 2002; Categorically exempt from environmental review process pursuant to exemption Classes 1, 3 and 11 of Title 14 of the California Administrative Code; Case No. 2001.0926C; companion measure to Files 020480, 020481, 020482; District 1.) Appellants: Niakru Sapari; Erica Dockins; Cliff Bayan; Deprice Thompson; Doug Laringer; Mark Zirgin; Tracy Keys; male speaker. Respondents:Gerald Green, representing Planning Department; Jennifer Suprentis, Sprint PCS; Greg Stantian, engineer; Eric Alexanderson; Toanna Holingster; Robin Chuck, Interim Pastor; Dan Cartin; Clifford Porter; Michael Lam; Sharlot Manson, Church Treasurer; Patricia Ya. A rebuttal period was allowed. The President then declared the hearing closed. HEARD AT PUBLIC HEARING. Pursuant to Government Code Section 65009, notice is hereby given:If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. (Only one of the following two motions should be adopted.) 020480 [Appeal, Conditional Use, 417 31st Avenue] Motion approving decision of the Planning Commission by its Motion No. 16346, approving Conditional Use Application No. 2001.0926C, on property located at 417 31st Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor McGoldrick moved adoption. Enacted Number: M02-64 Supervisor McGoldrick, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 2 - Daly, Gonzalez 020481 [Appeal, Conditional Use, 417 31st Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 16346, approving Conditional Use Application No. 2001.0926C, on property located at 417 31st Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Leno, seconded by Supervisor McGoldrick, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020482 [Findings - 417 31st Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2001.0926C, on property located at 417 31st Avenue, for action by the Board at its next meeting. (Clerk of the Board) Enacted Number: M02-65 Supervisor Leno, seconded by Supervisor McGoldrick, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee SPECIAL ORDER 3:00 P.M. 020520 [Public Hearing - Appeal, Conditional Use, 20 Woodside Avenue (aka 501 Laguna Honda Boulevard)] Hearing of persons interested in or objecting to the decision of the Planning Commission by its Motion No.16353 dated February 28, 2002, approving Conditional Use Application No. 2001.1142C, to install a total of three antennas within the bell tower of a church (St. John’s United Church of Christ), and related equipment as part of a wireless communication network in a RH-1(D) (House, One-Family (Detached Dwelling)) Zoning District, and within a 40-X Height and Bulk District, pursuant to Section 209.5(b) of the Planning Code, on property located at: 20 Woodside Avenue (aka 501 Laguna Honda Boulevard) at the southeastern corner of Woodside Avenue and Laguna Honda Boulevard; Lot 001, in Assessor’s Block 2888A. (Appeal filed April 1, 2002; categorically exempt from the environmental review process pursuant to exemption Class 1 exemptions of Title 14 of the California Administrative Code; Case No. 2001.1142C; companion measure to Files 020521, 020522, 020523; District 7.) Appellants:Caren Saki, Karen Saki, Megan Sullivan, Dung Meringer, Mark Maringer, Denise, Gorden Wiminko, Pat Gerber. Respondents:Gerald Green, representing Planning Department; Debra Stein, Metro PCS; Jonathan Manpost; William Kemas, engineer; Susie Sharp, Metro PCS. A rebuttal period was allowed. The President then declared the hearing closed. HEARD AT PUBLIC HEARING. Pursuant to Government Code Section 65009, notice is hereby given:If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. (Only one of the following two motions should be adopted.) 020521 [Appeal, Conditional Use, 20 Woodside Avenue (aka 501 Laguna Honda Boulevard)] Motion approving decision of the Planning Commission by its Motion No. 16353 approving Conditional Use Application No. 2001.1142C, on property located 20 Woodside Avenue (aka 501 Laguna Honda Boulevard), at the southeastern corner of Woodside Avenue and Laguna Honda Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor McGoldrick, seconded by Supervisor Sandoval, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020522 [Appeal, Conditional Use, 20 Woodside Avenue (aka 501 Laguna Honda Boulevard)] Motion disapproving decision of the Planning Commission by its Motion No. 16353 approving Conditional Use Application No. 2001.1142C, on property located 20 Woodside Avenue (aka 501 Laguna Honda Boulevard), at the southeastern corner of Woodside Avenue and Laguna Honda Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Peskin moved adoption. This motion failed.Eight votes are required in order to pass this motion. Supervisor Peskin, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion FAILED by the following vote: Ayes: 7 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Peskin, Sandoval Noes: 4 - Hall, Leno, Newsom, Yee 020523 [Findings - 20 Woodside Avenue (aka 501 Laguna Honda Boulevard)] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2001.1142C, on property located at 20 Woodside Avenue (aka 501 Laguna Honda Boulevard), at the southeastern corner of Woodside Avenue and Laguna Honda Boulevard, for action by the Board at its next meeting. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor McGoldrick, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Sandoval Noes: 2 - Newsom, Yee COMMITTEE REPORTS Recommendation of the Health and Human Services Committee 011448 [Internet Services Exchange] Supervisors Maxwell, Daly, Leno, McGoldrick Ordinance amending the San Francisco Planning Code by amending Sections 209.6, 790.80 and 890.80 to define Internet Services Exchange as a new use within the utility installation use category; by amending Sections 178, 227, 234.2, 303, 817, 818, 907, 908, 912, and 913 to establish a requirement for a conditional use authorization for Internet Services Exchanges; by amending Section 204 to include certain Internet Service Exchanges as an accessory use; and adopting findings. (Planning Commission Resolution No. 16265 adopted 10/25/01 recommending approval.Certificate of Exemption/Exclusion from Environmental Review dated 10/18/01; revised Exemption/Exclusion from Environmental Review dated 11/21/01) Supervisor Daly requested to be added as a co-sponsor. Supervisor Maxwell requested this matter be continued to May 6, 2002. Supervisor Maxwell, seconded by Supervisor Leno, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee PUBLIC COMMENT Abdallah Megahed, homeless; Crunin Lain, no job age discrimination Cheryl Bentley, Animal Control, defending Garcia; Marco Lewis, Animal Control, defending Garcia; Frederick Hobson, board process, defending Garcia; Christian Garcia, mistreatment in Rules Committee; Mitchell Lopez, mistreatment of public; Berhane Assefa, ramp taxi; Yale Feder, ramp cab; Mark Gruberg, taxicab ramp cab; Tom McDunn, Hetch Hetchy repairs, newsrack; Espanola Jackson, rejecting Public Utilities Commission candidate; Francisco Da Costa, rejecting Public Utilities Commission candidate; Leon Low, public access television; Matthew Cunningham. 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. 020647 [Juror Appreciation Week] Supervisors Leno, McGoldrick, Maxwell, Gonzalez, Sandoval, Hall, Daly Resolution declaring May 12 through 18, 2002, Juror Appreciation Week. Supervisors Sandoval, Hall, Newsom, Daly requested to be added as a co-sponsors. Enacted Number: 277-02 ADOPTED 020648 [Lincoln High School Day] Supervisors Hall, Newsom Resolution proclaiming May 4, 2002 as "Lincoln High School Day" in the City and County of San Francisco. Supervisor Newsom requested to be added as a co-sponsor. Enacted Number: 278-02 ADOPTED 020650 [Commend - National Center for Lesbian Rights (NCLR)] Supervisors Leno, Maxwell, McGoldrick, Gonzalez, Peskin, Newsom, Daly Resolution commending the National Center for Lesbian Rights (NCLR) on their 25th Anniversary. Supervisors Newsom, Daly, Peskin requested to be added as a co-sponsors. Enacted Number: 279-02 ADOPTED 020651 [Commend - Youth Credit Union Program] Supervisors Leno, Maxwell, McGoldrick, Gonzalez, Newsom, Daly Resolution commending the Youth Credit Union Program, a credit union operated by youth ages 6 to 18 with support from Mission Community Financial Assistance. Supervisors Newsom, Daly requested to be added as a co-sponsors. Enacted Number: 280-02 ADOPTED 020652 [Commend - KUSF] Supervisors Hall, Daly Resolution commending KUSF on the occasion of their 25th Anniversary. Supervisor Daly requested to be added as a co-sponsor. Enacted Number: 281-02 ADOPTED 020636 [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: M02-66 APPROVED 020658 [Final Map for a 7 Unit Residential Condominium Project] Motion approving Final Map of 2436 Great Highway, A Residential Condominium Project, being a subdivision of Lot 39, Assessor’s Block No. 2378, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,484; District 4.) Enacted Number: M02-67 APPROVED 020659 [Final Map for a 20 Unit Live/Work Condominium Project] Motion approving Final Map of 700 Illinois Street, a Live/Work Condominium Project, being a subdivision of Lot 4, Assessor’s Block No. 4045, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,492; District 10.) Enacted Number: M02-68 APPROVED 020660 [Final Map for a 17 Unit Live/Work Condominium Project] Motion approving Final Map of 88 Guy Place, a Live/Work Condominium Project, being a subdivision of Lot 63, Assessor’s Block No. 3749, and adopting finding pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,493; District 6.) Enacted Number: M02-69 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Absent: 1 - Ammiano Severed From For Adoption Without Committee Reference 020644 [Extend Time for Planning Commission Action] Supervisor Yee Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the San Francisco Planning Code by adding Section 306.10 to require publication of a cover sheet with neighborhood notices advising how to request information about notices in multiple languages. Supervisor Gonzalez requested this matter be severed so it could be considered separately. Supervisor Gonzalez requested this matter be referred to committee. REFERRED to the Public Works and Public Protection Committee. 020645 [DHS - Access to California Law Enforcement Telecommunications System (CLETS)] Supervisor Newsom Resolution authorizing the San Francisco Department of Human Services direct access to the California Law Enforcement Telecommunications System (CLETS) to obtain criminal history information for the specific purpose of assessing whether or not the particular placement of a child for whom DHS has care and custody is safe and appropriate. Supervisor Gonzalez requested this matter be severed so it could be considered separately. Supervisor Gonzalez requested this matter be continued to May 6, 2002. Supervisor Gonzalez, seconded by Supervisor Sandoval, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Absent: 1 - Ammiano 020646 [Grant Acceptance for MUNI Career Ladder Program] Supervisors McGoldrick, Maxwell, Peskin, Daly Resolution providing authorization to the Municipal Railway Improvement Fund to accept a grant from the State of California’s Employment Development Department to establish a San Francisco MUNI Railway "Career Ladder" Program. Supervisor McGoldrick requested this matter be severed so it could be considered separately. Supervisor McGoldrick presented an amendment of the whole bearing a new title. AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE by the following vote: Ayes: 10 - Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Absent: 1 - Ammiano Resolution providing authorization to the Municipal Railway Improvement Fund to accept and expend a grant from the State of California’s Employment Development Department to establish a San Francisco MUNI Railway "Career Ladder" Program. Supervisors Newsom, Leno requested to be added as a co-sponsors. Supervisor McGoldrick requested this matter be continued to May 6, 2002. Supervisor McGoldrick, seconded by Supervisor Daly, moved that this Resolution be CONTINUED AS AMENDED. The motion carried by the following vote: Ayes: 10 - Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Absent: 1 - Ammiano 020649 [Urging Bechtel Corporation to withdraw their punitive legal claim] Supervisors Gonzalez, Daly Resolution urging Bechtel Corporation and its Bolivian subsidiary, Aguas del Tunari, to immediately withdraw their punitive legal claims in international courts against Bolivia and its people and to abstain from engaging in any further litigation or mediation claims - either within or without U.S. borders - with the South American country. Supervisor Gonzalez requested this matter be severed so it could be considered separately. Supervisor Gonzalez requested this item be referred to committee. REFERRED to the Rules and Audits Committee. OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 010009 [Payment for services of Police Officers] Supervisors McGoldrick, Yee Ordinance amending Chapter 10B Section 10B.2 of the San Francisco Administrative Code to reinstate administrative overhead fee. 1/2/01, ASSIGNED UNDER 30 DAY RULE to Audit and Government Efficiency Committee, expires on 2/1/2001. 2/1/01, TRANSFERRED to Rules Committee. New committee structure. 1/16/02, FILED PURSUANT TO RULE 5.38. 4/29/02, REACTIVATED PURSUANT TO RULE 5.24. Supervisor McGoldrick requested this matter be reactivated. 4/29/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 020678 [Increase in Cap on Mean Gate Fee for Taxis; Sunset Provision for Capping Gate Fees] Supervisors Hall, Yee Ordinance amending Section 1135.1 of the Police Code to increase the mean gate fee cap for taxis to $90 per shift, and to provide that Section 1135.1 shall expire two years after effective date of amendment. 4/29/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 5/29/2002. Resolutions 020679 [Reappointment of Ramon Romero to the San Francisco Redevelopment Agency] Mayor, Supervisor Daly Resolution confirming the reappointment of Ramon Romero to the San Francisco Redevelopment Agency for the remainder of a four-year term ending September 3, 2005. (Mayor) 4/29/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 020680 [Establishing a Striped Bicycle Lane on Cabrillo Street] Supervisor McGoldrick Resolution establishing a striped bicycle lane westbound and eastbound on Cabrillo Avenue from Arguello Boulevard to Great Highway. 4/29/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 020681 [Homeless Shelter Monitoring Committee] Supervisor Gonzalez Resolution establishing a committee to monitor health and safety standards in homeless shelters funded by the City. 4/29/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 020682 [Interim Zoning for Large Retail Uses Above 50,000 Square Feet] Supervisor Ammiano Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for large retail uses in C-2, C-M, M-1, M-2, RSD, SLR, SLI, SPD and SSO zones, subject to certain exclusions, but including, where permissible, lots under the jurisdiction of the San Francisco Port Commission, for a one year period and making a determination of consistency with the priority policies of Planning Code Section 101.1. 4/29/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 5/29/2002. 5/6/02 - Transmitted to Director of Planning for environmental review. 020683 [Proclamation] Supervisor Yee Resolution declaring September 21, 2002 WildAid Day in the City and County of San Francisco and recognizing WildAid’s efforts to protect endangered wildlife and their habitats throughout California, the United States, and the World. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020684 [Department of Child Support Services] Supervisor Yee Resolution in recognition of the Department of Child Support Services of San Francisco. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020685 [Senate Bill 573] Supervisors Yee, Sandoval, Daly Resolution supporting Senate Bill 573, extending health care coverage to include acupuncture. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020686 [Proclamation] Supervisors Yee, Sandoval Resolution proclaiming the month of May, 2002, as Mental Health Month in the City and County of San Francisco. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020687 [Urging the San Francisco Examiner and San Francisco Independent to bargain in good faith] Supervisors McGoldrick, Peskin, Ammiano, Sandoval, Gonzalez, Maxwell, Daly, Hall Resolution urging the publisher and management of the San Francisco Examiner and San Francisco Independent newspapers to bargain in good faith with prepress employees to reach a fair and equitable collective bargaining agreement. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020688 [Urging the Federal Energy Regulatory Commission to extend the price mitigation measures] Supervisors Leno, McGoldrick, Daly Resolution urging the Federal Energy Regulatory Commission to extend the September 30, 2002 date established for ending the price mitigation measures in the California wholesale electric market in order to protect consumers from unreasonable prices, and further urging the Commission to extend the May 1, 2002 filing deadline for a market redesign proposal to allow time for the Independent System Operator (ISO) to engage in a rational market redesign process with its stakeholders. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020689 [Assembly Bill 3029] Supervisors Leno, Daly Resolution urging the California State Assembly to pass and Governor Gray Davis to sign AB 3029 (Darrel Steinberg) creating rules in consumer arbitration. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020690 [Proclamation] Supervisors Maxwell, Newsom, Sandoval, Daly, Leno Resolution declaring May 7, 2002 as World Asthma Day in San Francisco. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020691 [Hispanic Heritage Baseball Museum] Supervisors Hall, Sandoval Resolution welcoming the Hispanic Heritage Baseball Museum and urging all City Officials to support the steps necessary for building the museum in San Francisco. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020692 [CommemoratingAsian Pacific American Heritage Month] Supervisors Yee, Peskin, Sandoval, Leno, McGoldrick Resolution commemorating Asian Pacific American Heritage Month. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020693 [Commending Volunteers of Rebuilding Together] Supervisors Maxwell, Daly, Newsom Resolution commending the dedicated volunteers of "Rebuilding Together" for their commitment to serving the low-income and homeowners and nonprofits in the City and County of San Francisco. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020694 [Commending United Parcel Services] Supervisor Maxwell Resolution commending United Parcel Services for their dedication and commitment to serving their community. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020695 [Commending Noe Valley Voice] Supervisors Leno, Newsom, Peskin, Sandoval Resolution commending the Noe Valley Voice for 25 years of service. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020696 [Commending Access Media and the Community Television Corporation] Supervisors Leno, Ammiano, Maxwell, Sandoval Resolution commending Access Media and the Community Television Corporation. 4/29/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 020697 [May 21, 2002 Preliminary Budget Hearings] Supervisor Maxwell Hearings on the following departments’ Preliminary Budgets: SUBMITTED DEPARTMENTS: Asian Art Museum, Art Commission, Convention Facilities Management, Fine Arts Museum, Law Library, Academy of Sciences, County Education Office, War Memorial, Adult Probation, Medical Examiner, Trial Courts. DEPARTMENTAL PRESENTATIONS: Environment, Human Rights Commission, Municipal Transportation Agency (MUNI, Parking and Traffic), Fire. 4/29/02, RECEIVED AND ASSIGNED to Budget Committee. 020698 [May 14, 2002 Preliminary Budget Hearings] Supervisor Maxwell Hearings on the following departments’ Preliminary Budgets: SUBMITTED DEPARTMENT:Board of Appeals. DEPARTMENTAL PRESENTATIONS:Airport Commission, Building Inspection, Emergency Communications. 4/29/02, RECEIVED AND ASSIGNED to Budget Committee. 020699 [May 7, 2002 Preliminary Budget Hearings] Supervisor Maxwell Hearings on the following departments’ Preliminary Budgets: DEPARTMENTAL PRESENTATIONS: Children and Families Commission, Children, Youth and Their Families, Aging and Adult Services, Human Services, Public Health. 4/29/02, RECEIVED AND ASSIGNED to Budget Committee. 020700 [Redevelopment Agency] Supervisor McGoldrick Hearing on the appropriate uses by the Redevelopment Agency of direct development as a strategy to implement the goals of the agency in a planning area.This hearing will explore what standards the agency proposes to employ in deciding when direct development is more efficient and effective than other methods of development more traditional used by the agency, with particular attention to what standards the agency staff recently employed in reversing its recommendations that the Plaza Hotel site should be developed through contracts with a non-profit developer and recommending instead that it be directly by the agency. 4/29/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. Motions 020676 [Amending the Board’s Process for Considering Appointments to the Planning Commission and the Board of Appeals] Motion amending Rule 2.31 of the Rules of Order of the Board of Supervisors of the City and County of San Francisco to amend the process for the Board’s consideration of appointments to the Planning Commission and the Board of Appeals, consistent with Charter Sections 4.105 and 4.106. (Clerk of the Board) (Requires eight votes to pass.) 4/29/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 020677 [Legislative Analyst Request] Supervisors Gonzalez, Daly Motion asking the Legislative Analyst to prepare a report on educational programs provided to youth offenders detained in juvenile facilities similar to the City and County of San Francisco’s Youth Guidance Center.The report shall detail "best practices" used in other major metropolitan areas.Metropolitan areas used in the report may have population and youth crime statistics similar to those in San Francisco. 4/29/02, ASSIGNED to Board of Supervisors. Scheduled for Board considerationMay 6, 2002. Sponsor requests this report be completed within 30 days. 020701 [Amending Rule 6.15 of the Rules of Order, Supervisors Appointment to Second Outside Board or Commission] Supervisors Gonzalez, Daly Motion amending Rule 6.15 of the Rules of Order of the Board of Supervisors to provide that before a Supervisor may be appointed to a second outside Board or Commission (excluding the San Francisco LAFCO and the Transportation Authority) every other Supervisor shall have been given the opportunity to serve on at least one outside Board or Commission. (5/7/02: Supervisor Sandoval dissenting in Committee.) 4/29/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 020663 [Extension of Sunset Clause - Utilization of Bid/RFP Process for Awarding of Parking Authority Leases and Management Contracts] Ordinance amending Section 17.11 (a) of the San Francisco Administrative Code to extend the authorization of the Parking Authority to utilize a Bid/RFP process for the awarding of all leases and management agreements for the use or operation of parking facilities. (Parking and Traffic Department) 4/24/02, RECEIVED AND ASSIGNED to Finance Committee. PROPOSED RESOLUTIONS 020517 [Grant - Police Department Local Forensic Laboratory Improvement Program] Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend grant funds made available through the Governor’s Office of Criminal Justice Planning (OCJP) for a project entitled, "Local Forensic Laboratory Improvement Program (LFLIP)". (Police Department) 4/24/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. 020634 [Japan Center Garage Public Parking Lease] Resolution approving the proposed new Japan Center Garage Public Parking Lease by and between the City and County of San Francisco and the City of San Francisco Japan Center Garage Corporation. (Parking and Traffic Department) 4/18/02, RECEIVED AND ASSIGNED to Finance Committee. 020635 [Lease of Property] Resolution authorizing the lease of real property at 945 Bryant Street, San Francisco, California, for the Department of Human Services. (Real Estate Department) (Fiscal impact; District 6.) 4/22/02, RECEIVED AND ASSIGNED to Finance Committee. 020661 [Authorizing DPH to enter into a contract with STANFORD for research services] Resolution authorizing the San Francisco Department of Public Health, Community Health Network of San Francisco, Laguna Honda Hospital (CHN, LHH) to enter retroactively into an agreement which includes an indemnification clause, with The Board of Trustees of the Leland Stanford Junior University (STANFORD), the primary contractor, and expend funds in the amount of $2,500 for research services, for the period of September 1, 2001 to June 30, 2002. (Public Health Department) 4/24/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Department requests this item be scheduled for consideration at the May 16, 2002 meeting. 020662 [Mental health services to HIV positive women and their adult family members] Resolution authorizing the San Francisco Department of Public Health, HIV Mental Health Program at the Center for Special Problems (SFDPH, CSP) to enter retroactively into an agreement in the amount of $18,450 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to provide outpatient mental health services to women who have HIV and their adult family members, for the period of August 1, 2001 to July 31, 2002. (Public Health Department) 4/24/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Department requests this item be scheduled for consideration at the May 16, 2002 meeting. Requests Granted From: Supervisor Hall To: City Attorney Requesting/Inquiring: To draft a Charter Amendment that would implement the cost saving measures proposed by Gloria Young, Clerk of the Board of Supervisors, in the fiscal year 2002/03 proposed Budget for the Board of Supervisors. From: Supervisor Gonzalez To: Director, Mayor’s Criminal Justice Council Requesting/Inquiring: To detail alternative uses for vacant beds in the proposed 150-bed Youth Guidance Center which would both comply with all the requirements encumbered by local, state and federal funding but also minimize full-time detention of youth. From: Supervisor Gonzalez To: Director, Juvenile Probation Department Requesting/Inquiring: To detail alternative uses for vacant beds in the proposed 150-bed Youth Guidance Center which would both comply with all the requirements encumbered by local, state and federal funding but also minimize full-time detention of youth. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Doris Hoffmann (Supervisor Leno) Anne Lawder Fletcher (Supervisor Leno) Dr. John Bazzano (Supervisor Hall) ADJOURNMENT There being no further business, the Board at the hour of 7:00 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 July 8, 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. 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