# Board of Supervisors Minutes: May 6, 2002 - Meeting date: 2002-05-06 - Document type: minutes - Source format: HTML - Extracted pages: 1 - [Canonical HTML transcript](https://sfbos.info/documents/1644/2002-05-06-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/index.aspx-page=2879.html) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 020243: Grant- MUNI Connector Project - Pages: 1 - Vote 1: adoption, likely final - Action: 020243 [Grant- MUNI Connector Project] Resolution authorizing the Municipal Transportation Agency to accept and expend $3,325,000 of Regional Measure One Funds for Municipal Railway Transit Project. (Municipal Transportation Agency) Enacted Number: 282-02 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - Absent: Hall ### File 020667: Adopting findings related to the conditional use appeal on property located at 417-31st Avenue - Pages: 1 - Vote 1: approval, likely final - Action: 020667 [Adopting findings related to the conditional use appeal on property located at 417-31st Avenue] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 2001.0926C (which authorized, subject to certain conditions, the mounting 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 0819. (Clerk of the Board) (Companion measure to Files 020479, 020480, 020481, 020482.) Enacted Number: M02-70 APPROVED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - Absent: Hall ### File 020193: Emergency Response Fee Amendments - Pages: 1 - Sponsors: Peskin, Daly, Ammiano, Newsom - Vote 1: final-passage, likely final - Action: 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.) Enacted Number: 71-02 FINALLY PASSED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval - Noes: Yee ### File 020194: Supplemental Appropriation, Emergency Communications Department - Pages: 1 - Sponsors: Peskin, Daly, Ammiano, Newsom - Vote 1: final-passage, likely final - Action: 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.) Enacted Number: 72-02 FINALLY PASSED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval - Noes: Yee ### File 020195: Public Employment, Emergency Communications Department - Pages: 1 - Sponsors: Peskin, Daly, Ammiano, Newsom - Vote 1: final-passage, likely final - Action: 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.) Enacted Number: 73-02 FINALLY PASSED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval - Noes: Yee ### File 020464: Settlement of Lawsuit - Pages: 1 - Vote 1: first-reading - Action: 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.) PASSED ON FIRST READING by the following vote: - Ayes: Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee - Noes: Daly, Gonzalez, Sandoval ### File 020465: Regulation of Newsracks; Amendment of Fixed Pedestal Newsrack Program - Pages: 1 - Vote 1: first-reading - Action: 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.) PASSED ON FIRST READING by the following vote: - Ayes: Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee - Noes: Daly, Gonzalez, Sandoval ### File 020466: Contract - CCSF and Clear Channel Adshel, Inc. - Pages: 1 - Vote 1: first-reading - Action: 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.) PASSED ON FIRST READING by the following vote: - Ayes: Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee - Noes: Daly, Gonzalez, Sandoval ### File 020668: Existing Litigation - City as Defendant - Pages: 1 - Vote 1: other - Action: 020668 [Existing Litigation - City as Defendant] 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 existing litigation in which the plaintiffs, various businesses, are, in sum, challenging the constitutionality of the City’s Pedestal-Mounted Newsrack (Pedmount) Program, as permitted by Government Code Section 54956.9(a) and Administrative Code Section 67.8(a)(3): New Times, Inc., et al (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.) v. City and County of San Francisco, et al. United States District Court, No. C-99-0020 (WHA) Date Filed: 1/5/99 (City Attorney) Supervisor Daly, seconded by Supervisor McGoldrick, moved to convene in closed session. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - Vote 2: other - Action: Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - 11. Quorum present. Report on Closed Session 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, Newsom, Peskin, Sandoval, Yee; Ted Lakey, Deputy City Attorney; Buck Delventhal, Deputy City Attorney; Randy Riddle, Deputy City Attorney; Wayne Snodgrass, Deputy City Attorney; Gloria L. Young, Clerk of the Board; Victor Young, Assistant Clerk. The meeting was informational only and no action was taken. HEARD IN CLOSED SESSION. [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 Daly, seconded by Supervisor Newsom, moved not to disclose its closed session deliberations. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 011448: Internet Services Exchange - Pages: 1 - Sponsors: Maxwell, Daly, Leno, McGoldrick - Vote 1: first-reading - Action: 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) Supervisors Leno, McGoldrick requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020437: Liquor License Transfer, 1750 Fulton Street - Pages: 1 - Vote 1: amendment - Action: 020437 [Liquor License Transfer, 1750 Fulton Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license to Albertson’s Inc. from 17 Kearny Street to the new Albertson’s store located at 1750 Fulton Street (District 5), will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions. Supervisor Gonzalez moved to amend Page 2, line 4, after the words "permitted delivery hours;" by adding"(3) The hours of sales of alcoholic beverages at Albertson’s shall not exceed 7:00 a.m. to 10:00 p.m.; (4) The pharmacy currently planned to operate at the site shall not offer for sale alcoholic beverages without first receiving permission from the City and State Agencies." Supervisor Gonzalez, seconded by Supervisor McGoldrick, moved that this Resolution be AMENDED. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - Vote 2: adoption, likely final - Action: The roll was then called on the pending resolution, as amended. ADOPTED AS AMENDED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020468: MOU Amendment No. 4, SEIU, AFL-CIO Locals 250, 535, and 790 - Pages: 1 - Vote 1: first-reading - Action: 020468 [MOU Amendment No. 4, SEIU, AFL-CIO Locals 250, 535, and 790] Ordinance adopting and implementing Amendment No. 4 to the 2000-2003 Collective Bargaining Agreement between the City and County of San Francisco and the Service Employees International Union, AFL-CIO, Locals 250, 535 and 790 by amending Article IV.D (Additional Compensation and Premium Pay) to provide for POST and/or Educational Premium pay for employees assigned to classification 2580 (Medical Examiner Investigator). (Human Resources Department) PASSED, ON FIRST READING by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020475: Appropriation - City Attorney Affirmative Litigation Program - Pages: 1 - Sponsors: Daly - Vote 1: first-reading - Action: 020475 [Appropriation - City Attorney Affirmative Litigation Program] Supervisor Daly Ordinance appropriating, retroactively, $508,673 from the code enforcement settlement on 351 California Street and $442,741 from the reserve for the Hanlon Arbitration Award, for a total of $951,414, for the Affirmative Litigation Program in the City Attorney’s Office in fiscal year 2001-02. (Controller) (Fiscal impact.) Supervisor Daly requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020535: Unrepresented Employees - Pages: 1 - Vote 1: first-reading - Action: 020535 [Unrepresented Employees] Mayor Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2002. (Mayor) (Fiscal impact.) PASSED, ON FIRST READING by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020494: Parking Meter Management System - Pages: 1 - Sponsors: Ammiano - Vote 1: continuance - Action: 020494 [Parking Meter Management System] Supervisor Ammiano Resolution authorizing the Executive Director of the Department of Parking and Traffic to execute an agreement between the City and County of San Francisco and Serco Management Services, Inc. for a Parking Meter Management System. (Fiscal impact.) (Supervisor Daly dissenting in Committee.) Supervisor Newsom moved to continue this matter to May 13, 2002. Supervisor Newsom, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020495: Certification of Lower Cost of Services - Pages: 1 - Sponsors: Ammiano - Vote 1: continuance - Action: 020495 [Certification of Lower Cost of Services] Supervisor Ammiano Resolution concurring with the Controller’s certification that a proposed agreement with Serco Management Services, Inc. for a Parking Meter Management System which includes collection and coin counting services, can practically be performed by a private contractor for a lower cost than similar services performed by City and County employees. (Fiscal impact; Companion measure to File 020494.) (Supervisor Daly dissenting in Committee.) Supervisor Newsom moved to continue this matter to May 13, 2002. Supervisor Newsom, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020615: Grant -Mayor’s Office of Community Development - Pages: 1 - Vote 1: adoption, likely final - Action: 020615 [Grant -Mayor’s Office of Community Development] Mayor Resolution approving the 2002 Community Development Program.Authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s 2002 Community Development Block Grant (CDBG) entitlement from the U. S. Department of Housing and Urban Development, and Program Income of $33,722,231 which include indirect costs of $160,000, and approving expenditure schedules for recipient departments and agencies and for indirect costs; placing $175,510 on reserve. (Mayor) Enacted Number: 285-02 ADOPTED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020616: Grant - Emergency Shelter - Pages: 1 - Vote 1: adoption, likely final - Action: 020616 [Grant - Emergency Shelter] Mayor, Supervisor Newsom Resolution approving the 2002 Emergency Shelter Grants Program and Expenditure Schedule; and authorizing the Mayor on behalf of the City and County of San Francisco to accept, and expend an $879,000 entitlement under the Emergency Shelter Grants Program from the U. S. Department of Housing and Urban Development. (Mayor) Enacted Number: 286-02 ADOPTED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020617: Grant - HOME Program - Pages: 1 - Vote 1: adoption, likely final - Action: 020617 [Grant - HOME Program] Mayor Resolution authorizing the Mayor of the City and County of San Francisco to accept and expend a grant from the U. S. Department of Housing and Urban Development for a total amount of $7,865,000 for the Home Program authorized under Title II of the National Affordable Housing Act of 1990, Public Law Number 101-625, and approving the Home Program description as described in the 2002 Action Plan for San Francisco’s Consolidated Plan.Indirect costs associated with the acceptance of these grant funds will be paid by the Community Development Block Grant funds; placing $20,000 on reserve. (Mayor) Enacted Number: 287-02 ADOPTED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020496: Bail Schedule - Pages: 1 - Sponsors: Newsom - Vote 1: amendment - Action: 020496 [Bail Schedule] Supervisor Newsom Resolution urging the presiding judge of the Superior Court to convene the Judge’s Bail Committee in consultation with the San Francisco Police Department and the San Francisco Sheriff’s Department to assess the bail schedule in order to determine what adjustments are needed to bring San Francisco in line with other Bay Area counties. Supervisor Gonzalez presented an amendment of the whole bearing the same title. Supervisor Gonzalez, seconded by Supervisor Daly, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - Vote 2: adoption, likely final - Action: ADOPTED AS AMENDED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, McGoldrick, Newsom, Peskin, Yee - Noes: Maxwell, Sandoval ### File 012131: Ramped Taxi - Pages: 1 - Sponsors: Maxwell, McGoldrick - Vote 1: amendment - Action: 012131 [Ramped Taxi] Supervisors Maxwell, McGoldrick Ordinance amending Section 1148.1 of the Police Code to reduce, from five to three years, the time after receipt of a ramped taxi permit that the permittee is precluded from accepting a different motor vehicle for hire permit; and requiring six months’ notice of the permittee’s intent to leave the ramped taxi program. Supervisor Maxwell presented an amendment of the whole bearing the same title. Supervisor Maxwell, seconded by Supervisor Newsom, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - Vote 2: first-reading - Action: Supervisor McGoldrick requested to be added as co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 012132: Garcia and Maggini Warehouse as a Landmark - Pages: 1 - Sponsors: Maxwell, Peskin, Sandoval, McGoldrick, Daly, Leno, Newsom - Vote 1: first-reading - Action: 012132 [Garcia and Maggini Warehouse as a Landmark] Supervisors Maxwell, Peskin, Sandoval, McGoldrick, Daly, Leno, Newsom Ordinance designating 128 King Street, the Garcia and Maggini Warehouse, as Landmark No. 229 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. Supervisors Peskin, Daly, Leno, Sandoval, McGoldrick requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020677: Legislative Analyst Request - Pages: 1 - Sponsors: Gonzalez, Daly - Vote 1: approval, likely final - Action: 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. Supervisor Daly requested to be added as co-sponsor. APPROVED by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee - Absent: McGoldrick ### File 020645: DHS - Access to California Law Enforcement Telecommunications System (CLETS) - Pages: 1 - Sponsors: Newsom ### File 020646: Grant Acceptance for MUNI Career Ladder Program - Pages: 1 - Sponsors: McGoldrick, Maxwell, Peskin, Daly, Newsom, Leno, Sandoval ### File 020683: Proclamation - Pages: 1 - Sponsors: Yee ### File 020684: Department of Child Support Services - Pages: 1 - Sponsors: Yee ### File 020685: Senate Bill 573 - Pages: 1 - Sponsors: Yee, Sandoval, Daly ### File 020686: Proclamation - Pages: 1 - Sponsors: Yee, Sandoval ### File 020687: Urging the San Francisco Examiner and San Francisco Independent to bargain in good faith - Pages: 1 - Sponsors: McGoldrick, Peskin, Ammiano, Sandoval, Gonzalez, Maxwell, Daly, Hall ### File 020688: Urging the Federal Energy Regulatory Commission to extend the price mitigation measures - Pages: 1 - Sponsors: Leno, McGoldrick, Daly ### File 020689: Assembly Bill 3029 - Pages: 1 - Sponsors: Leno, Daly ### File 020690: Proclamation - Pages: 1 - Sponsors: Maxwell, Newsom, Sandoval, Daly, Leno ### File 020691: Hispanic Heritage Baseball Museum - Pages: 1 - Sponsors: Hall, Sandoval ### File 020692: CommemoratingAsian Pacific American Heritage Month - Pages: 1 - Sponsors: Yee, Peskin, Sandoval, Leno, McGoldrick ### File 020693: Commending Volunteers of Rebuilding Together - Pages: 1 - Sponsors: Maxwell, Daly, Newsom ### File 020694: Commending United Parcel Services - Pages: 1 - Sponsors: Maxwell ### File 020695: Commending Noe Valley Voice - Pages: 1 - Sponsors: Leno, Newsom, Peskin, Sandoval ### File 020696: Commending Access Media and the Community Television Corporation - Pages: 1 - Sponsors: Leno, Ammiano, Maxwell, Sandoval ### File 020703: Supporting Assembly Bill 2972 - Pages: 1 - Sponsors: Daly, Leno ### File 020674: Final Map for a 7 Unit Mixed Use Condominium Project - Pages: 1 - Vote 1: approval, likely final - Action: 020674 [Final Map for a 7 Unit Mixed Use Condominium Project] Motion approving Final Map of 4851 - 4855 Mission Street, a Mixed Use Condominium Project, being a subdivision of Lot 29, Assessor’s Block No. 6272, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,499; District 11.) Enacted Number: M02-71 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020713: Small Business Week Proclamation - Pages: 1 - Sponsors: Leno - Vote 1: adoption, likely final - Action: 020713 [Small Business Week Proclamation] Supervisor Leno Resolution declaring May 5-11, 2002, Small Business Week in the City and County of San Francisco. Supervisor Leno presented for immediate adoption. Enacted Number: 304-02 Supervisor Gonzalez, seconded by Supervisor Leno, moved that this Resolution be ADOPTED. The motion carried by the following vote: - Ayes: Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ### File 020493: Front Yard Paving - Pages: 1 - Sponsors: Sandoval ### File 020715: SSIP--Advocacy Program - Pages: 1 - Sponsors: Newsom ### File 020716: Amending Rent Control Ordinance Regarding Permissible Passthrough from Landlords to Residential Tenants - Pages: 1 - Sponsors: Ammiano, Leno, McGoldrick, Maxwell ### File 020717: Police Department permit and license fees - Pages: 1 ### File 020718: Raising license and other Animal Care and Control fees for dogs, cats, and other animals - Pages: 1 ### File 020719: Charging Street Fairs where Alcoholic Beverages are Served for Police - Pages: 1 ### File 020720: Ambulance Fee Schedule - Pages: 1 ### File 020721: Medical Examiner’s fees - Pages: 1 ### File 020722: Fees Charged by the County Clerk for Various Services - Pages: 1 ### File 020723: Setting New Fees for Inspection of Retail Food Facilities by the Health Department - Pages: 1 ### File 020724: Adding 15 Percent Charge for Administrative Overhead for Police and Street Cleaning Service to Private Parties - Pages: 1 ### File 020725: Police Alarm Ordinance - Pages: 1 ### File 020745: Fees for City Golf Courses, Day Camps, and Swimming Pools - Pages: 1 ### File 020726: Increasing Fee Charged to Participants in First Offender Prostitution Program - Pages: 1 ### File 020727: Endorsing the Health Commission Position on Budget Cuts - Pages: 1 - Sponsors: Daly, McGoldrick, Gonzalez, Sandoval, Ammiano ### File 020728: Affordable Housing General Obligation Bonds - Pages: 1 ### File 020729: Supporting a Unified San Francisco School District - Pages: 1 - Sponsors: Leno, Maxwell, Ammiano, Peskin, Sandoval ### File 020730: Assembly Bill 1421-Involuntary Mental Health Treatment - Pages: 1 - Sponsors: Newsom ### File 020731: Senate Bill 1751-Mandatory Homeless Death Count Reporting - Pages: 1 - Sponsors: Newsom, Daly ### File 020732: BART Parking-Implement Parking Charges to Balance BART’s Budget - Pages: 1 - Sponsors: Daly, Gonzalez ### File 020733: Proclamation - Pages: 1 - Sponsors: Ammiano, Daly ### File 020734: Honoring Lou Harrison - Pages: 1 - Sponsors: Ammiano ### File 020735: Commending Treasured Composer Lou Harrison - Pages: 1 - Sponsors: Leno ### File 020736: Commending devorah major - Pages: 1 - Sponsors: Leno, Gonzalez, Daly ### File 020737: Commending City College - Pages: 1 - Sponsors: Sandoval, Hall ### File 020738: Commending Cherie M. Querol Moreno - Pages: 1 - Sponsors: Sandoval ### File 020739: Commending the Asian Liver Center and the Jade Ribbon Campaign - Pages: 1 - Sponsors: Peskin, Sandoval ### File 020740: Commending the S.F. Beacon Initiative - Pages: 1 - Sponsors: Newsom, Sandoval ### File 020741: Tammy Haygood - Pages: 1 - Sponsors: Yee ### File 020742: Streetlighting in San Francisco - Pages: 1 - Sponsors: Sandoval ### File 020743: Budget Review - Pages: 1 - Sponsors: Peskin ### File 020744: Racial Privacy Initiative - Pages: 1 - Sponsors: Maxwell ### File 020746: Reporting Competitive Solicitations to Purchaser - Pages: 1 - Sponsors: Sandoval ### File 020712: Needle Exchange Emergency - Pages: 1 - Sponsors: Ammiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick, Maxwell ### File 020665: Conveyance of Water Pipeline Easement in Exchange for 2.5 Acres in San Mateo County - Pages: 1 ### File 020669: Approving Implementation Plan of the Substance Abuse and Crime Prevention Act of 2000 - Pages: 1 - Sponsors: Daly, Newsom ### File 020705: Parking Regulations, Various Locations - Pages: 1 ### File 020706: Traffic Regulations, Various Streets - Pages: 1 - Sponsors: Newsom ### File 020670: Board Off-site Meetings - Pages: 1 - Sponsors: Ammiano ## Extracted text ### [Page 1](https://sfbos.info/documents/1644/2002-05-06-minutes#page-1) Full Board Minutes City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Monday, May 6, 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 Daly, Gonzalez, Newsom, Sandoval - 4. Quorum present. Supervisor Daly was noted present at 2:05 p.m. Supervisor Gonzalez was noted present at 2:01 p.m. Supervisor Newsom was noted present at 2:02 p.m. Supervisor Sandoval was noted present at 2:01 p.m. APPROVAL OF MEETING MINUTES Supervisor Leno, seconded by Supervisor Maxwell, moved to approve the March 4, 7, and 11, 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 Leno, seconded by Supervisor Peskin, 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 guests. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Introduction of Guests Supervisor Leno introduced, welcomed and presented a Commendation to representatives of the Youth Credit Union Program. Supervisor Leno introduced, welcomed and presented a Commendation to representatives of the Noe Valley Voice. CONSENT AGENDA Recommendation of the Transportation and Commerce Committee 020243 [Grant- MUNI Connector Project] Resolution authorizing the Municipal Transportation Agency to accept and expend $3,325,000 of Regional Measure One Funds for Municipal Railway Transit Project. (Municipal Transportation Agency) Enacted Number: 282-02 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Absent: 1 - Hall REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 020667 [Adopting findings related to the conditional use appeal on property located at 417-31st Avenue] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 2001.0926C (which authorized, subject to certain conditions, the mounting 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 0819. (Clerk of the Board) (Companion measure to Files 020479, 020480, 020481, 020482.) Enacted Number: M02-70 APPROVED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Absent: 1 - Hall 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.) Enacted Number: 71-02 FINALLY PASSED 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.) Enacted Number: 72-02 FINALLY PASSED 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.) Enacted Number: 73-02 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 1 - 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.) PASSED ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Noes: 3 - Daly, Gonzalez, Sandoval 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.) PASSED ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Noes: 3 - Daly, Gonzalez, Sandoval 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.) PASSED ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Noes: 3 - Daly, Gonzalez, Sandoval CONFERENCE WITH CITY ATTORNEY - Existing Litigation 020668 [Existing Litigation - City as Defendant] 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 existing litigation in which the plaintiffs, various businesses, are, in sum, challenging the constitutionality of the City’s Pedestal-Mounted Newsrack (Pedmount) Program, as permitted by Government Code Section 54956.9(a) and Administrative Code Section 67.8(a)(3): New Times, Inc., et al (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.) v. City and County of San Francisco, et al. United States District Court, No. C-99-0020 (WHA) Date Filed: 1/5/99 (City Attorney) Supervisor Daly, seconded by Supervisor McGoldrick, moved to convene in closed session. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recess The Board recessed at the hour of 5:36 p.m. to convene in closed session pursuant to the above motion. Reconvening of the Board The Board at the hour of 6:26 p.m. reconvened. Calling the Roll On call of the roll, the following Supervisors were noted present:Supervisors Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee - 11. Quorum present. Report on Closed Session 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, Newsom, Peskin, Sandoval, Yee; Ted Lakey, Deputy City Attorney; Buck Delventhal, Deputy City Attorney; Randy Riddle, Deputy City Attorney; Wayne Snodgrass, Deputy City Attorney; Gloria L. Young, Clerk of the Board; Victor Young, Assistant Clerk. The meeting was informational only and no action was taken. HEARD IN CLOSED SESSION. [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 Daly, seconded by Supervisor Newsom, moved not to disclose its closed session deliberations. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 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) Supervisors Leno, McGoldrick requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of Neighborhood Services and Recreation Committee 020437 [Liquor License Transfer, 1750 Fulton Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage control license to Albertson’s Inc. from 17 Kearny Street to the new Albertson’s store located at 1750 Fulton Street (District 5), will serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions. Supervisor Gonzalez moved to amend Page 2, line 4, after the words "permitted delivery hours;" by adding"(3) The hours of sales of alcoholic beverages at Albertson’s shall not exceed 7:00 a.m. to 10:00 p.m.; (4) The pharmacy currently planned to operate at the site shall not offer for sale alcoholic beverages without first receiving permission from the City and State Agencies." Supervisor Gonzalez, seconded by Supervisor McGoldrick, 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 The roll was then called on the pending resolution, as amended. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee NEW BUSINESS Recommendations of the Finance Committee 020468 [MOU Amendment No. 4, SEIU, AFL-CIO Locals 250, 535, and 790] Ordinance adopting and implementing Amendment No. 4 to the 2000-2003 Collective Bargaining Agreement between the City and County of San Francisco and the Service Employees International Union, AFL-CIO, Locals 250, 535 and 790 by amending Article IV.D (Additional Compensation and Premium Pay) to provide for POST and/or Educational Premium pay for employees assigned to classification 2580 (Medical Examiner Investigator). (Human Resources Department) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020475 [Appropriation - City Attorney Affirmative Litigation Program] Supervisor Daly Ordinance appropriating, retroactively, $508,673 from the code enforcement settlement on 351 California Street and $442,741 from the reserve for the Hanlon Arbitration Award, for a total of $951,414, for the Affirmative Litigation Program in the City Attorney’s Office in fiscal year 2001-02. (Controller) (Fiscal impact.) Supervisor Daly requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020535 [Unrepresented Employees] Mayor Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2002. (Mayor) (Fiscal impact.) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020494 [Parking Meter Management System] Supervisor Ammiano Resolution authorizing the Executive Director of the Department of Parking and Traffic to execute an agreement between the City and County of San Francisco and Serco Management Services, Inc. for a Parking Meter Management System. (Fiscal impact.) (Supervisor Daly dissenting in Committee.) Supervisor Newsom moved to continue this matter to May 13, 2002. Supervisor Newsom, seconded by Supervisor Peskin, 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 020495 [Certification of Lower Cost of Services] Supervisor Ammiano Resolution concurring with the Controller’s certification that a proposed agreement with Serco Management Services, Inc. for a Parking Meter Management System which includes collection and coin counting services, can practically be performed by a private contractor for a lower cost than similar services performed by City and County employees. (Fiscal impact; Companion measure to File 020494.) (Supervisor Daly dissenting in Committee.) Supervisor Newsom moved to continue this matter to May 13, 2002. Supervisor Newsom, seconded by Supervisor Peskin, 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 020615 [Grant -Mayor’s Office of Community Development] Mayor Resolution approving the 2002 Community Development Program.Authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s 2002 Community Development Block Grant (CDBG) entitlement from the U. S. Department of Housing and Urban Development, and Program Income of $33,722,231 which include indirect costs of $160,000, and approving expenditure schedules for recipient departments and agencies and for indirect costs; placing $175,510 on reserve. (Mayor) Enacted Number: 285-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020616 [Grant - Emergency Shelter] Mayor, Supervisor Newsom Resolution approving the 2002 Emergency Shelter Grants Program and Expenditure Schedule; and authorizing the Mayor on behalf of the City and County of San Francisco to accept, and expend an $879,000 entitlement under the Emergency Shelter Grants Program from the U. S. Department of Housing and Urban Development. (Mayor) Enacted Number: 286-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 020617 [Grant - HOME Program] Mayor Resolution authorizing the Mayor of the City and County of San Francisco to accept and expend a grant from the U. S. Department of Housing and Urban Development for a total amount of $7,865,000 for the Home Program authorized under Title II of the National Affordable Housing Act of 1990, Public Law Number 101-625, and approving the Home Program description as described in the 2002 Action Plan for San Francisco’s Consolidated Plan.Indirect costs associated with the acceptance of these grant funds will be paid by the Community Development Block Grant funds; placing $20,000 on reserve. (Mayor) Enacted Number: 287-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Neighborhood Services and Recreation Committee 020496 [Bail Schedule] Supervisor Newsom Resolution urging the presiding judge of the Superior Court to convene the Judge’s Bail Committee in consultation with the San Francisco Police Department and the San Francisco Sheriff’s Department to assess the bail schedule in order to determine what adjustments are needed to bring San Francisco in line with other Bay Area counties. Supervisor Gonzalez presented an amendment of the whole bearing the same title. Supervisor Gonzalez, seconded by Supervisor Daly, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee ADOPTED AS AMENDED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, McGoldrick, Newsom, Peskin, Yee Noes: 2 - Maxwell, Sandoval Recommendations of the Transportation and Commerce Committee 012131 [Ramped Taxi] Supervisors Maxwell, McGoldrick Ordinance amending Section 1148.1 of the Police Code to reduce, from five to three years, the time after receipt of a ramped taxi permit that the permittee is precluded from accepting a different motor vehicle for hire permit; and requiring six months’ notice of the permittee’s intent to leave the ramped taxi program. Supervisor Maxwell presented an amendment of the whole bearing the same title. Supervisor Maxwell, seconded by Supervisor Newsom, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Supervisor McGoldrick requested to be added as co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 012132 [Garcia and Maggini Warehouse as a Landmark] Supervisors Maxwell, Peskin, Sandoval, McGoldrick, Daly, Leno, Newsom Ordinance designating 128 King Street, the Garcia and Maggini Warehouse, as Landmark No. 229 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. Supervisors Peskin, Daly, Leno, Sandoval, McGoldrick requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee PUBLIC COMMENT Ernestine Weiss, Golden Gate West Center Seniors Programs; Amos Brown, Frederick Hobson, Virgil Hexndon, male speaker, concerning Tammy Haygood, Department of Elections; Ms. Fethen, policy brutality; James Chaffee, Public Library foundation management; Joyce Miller, Mothers In Prison and Children in Crisis, Proposition 36 implementation; Richard Knee, sunshine newsrack; Mr. Wittleburn, welfare; Robert Pender, housing projects; Peter Mitt, taxi driver, ramped cab. 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. 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. Supervisor Daly requested to be added as co-sponsor. APPROVED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, Newsom, Peskin, Sandoval, Yee Absent: 1 - McGoldrick 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. 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. Enacted Number: 288-02 ADOPTED 020646 [Grant Acceptance for MUNI Career Ladder Program] Supervisors McGoldrick, Maxwell, Peskin, Daly, Newsom, Leno, Sandoval 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. Supervisor Sandoval requested to be added as co-sponsor. Enacted Number: 289-02 ADOPTED 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. Enacted Number: 290-02 ADOPTED 020684 [Department of Child Support Services] Supervisor Yee Resolution in recognition of the Department of Child Support Services of San Francisco. Enacted Number: 291-02 ADOPTED 020685 [Senate Bill 573] Supervisors Yee, Sandoval, Daly Resolution supporting Senate Bill 573, extending health care coverage to include acupuncture. Supervisors Sandoval, Daly requested to be added as co-sponsors. Enacted Number: 292-02 ADOPTED 020686 [Proclamation] Supervisors Yee, Sandoval Resolution proclaiming the month of May, 2002, as Mental Health Month in the City and County of San Francisco. Supervisor Sandoval requested to be added as co-sponsor. Enacted Number: 293-02 ADOPTED 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. Enacted Number: 307-02 ADOPTED 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. Supervisor Daly requested to be added as co-sponsor. Enacted Number: 294-02 ADOPTED 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. Supervisor Daly requested to be added as co-sponsor. Enacted Number: 295-02 ADOPTED 020690 [Proclamation] Supervisors Maxwell, Newsom, Sandoval, Daly, Leno Resolution declaring May 7, 2002 as World Asthma Day in San Francisco. Supervisors Sandoval, Daly, Leno requested to be added as co-sponsors. Enacted Number: 296-02 ADOPTED 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. Supervisor Sandoval requested to be added as co-sponsor. Enacted Number: 297-02 ADOPTED 020692 [CommemoratingAsian Pacific American Heritage Month] Supervisors Yee, Peskin, Sandoval, Leno, McGoldrick Resolution commemorating Asian Pacific American Heritage Month. Supervisors Peskin, Sandoval, Leno, McGoldrick requested to be added as co-sponsors. Enacted Number: 298-02 ADOPTED 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. Supervisors Daly, Newsom requested to be added as co-sponsors. Enacted Number: 299-02 ADOPTED 020694 [Commending United Parcel Services] Supervisor Maxwell Resolution commending United Parcel Services for their dedication and commitment to serving their community. Enacted Number: 300-02 ADOPTED 020695 [Commending Noe Valley Voice] Supervisors Leno, Newsom, Peskin, Sandoval Resolution commending the Noe Valley Voice for 25 years of service. Supervisors Peskin, Sandoval requested to be added as co-sponsors. Enacted Number: 301-02 ADOPTED 020696 [Commending Access Media and the Community Television Corporation] Supervisors Leno, Ammiano, Maxwell, Sandoval Resolution commending Access Media and the Community Television Corporation. Supervisor Sandoval requested to be added as co-sponsor. Enacted Number: 302-02 ADOPTED 020703 [Supporting Assembly Bill 2972] Supervisors Daly, Leno Resolution acknowledging support of Assembly Bill 2972 (Aroner) which will allow targeting of youth ages 18-24 for state funded housing programs. Supervisor Leno requested to be added as co-sponsor. Enacted Number: 303-02 ADOPTED 020674 [Final Map for a 7 Unit Mixed Use Condominium Project] Motion approving Final Map of 4851 - 4855 Mission Street, a Mixed Use Condominium Project, being a subdivision of Lot 29, Assessor’s Block No. 6272, and adopting findings pursuant to City Planning Code Section 101.1. (Public Works Department) (DPW Order No. 173,499; District 11.) Enacted Number: M02-71 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda.For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7.A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Gonzalez, seconded by Supervisor Leno, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee [Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Gonzalez, seconded by Supervisor Leno, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Imperative Agenda 020713 [Small Business Week Proclamation] Supervisor Leno Resolution declaring May 5-11, 2002, Small Business Week in the City and County of San Francisco. Supervisor Leno presented for immediate adoption. Enacted Number: 304-02 Supervisor Gonzalez, seconded by Supervisor Leno, moved that this Resolution be ADOPTED. The motion carried 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 020493 [Front Yard Paving] Supervisor Sandoval Ordinance amending Sections 132 and 136 of the Planning Code to require that twenty percent of required setback areas remain unpaved and devoted to plant material, and to prohibit parking from obstructing required setbacks, and making findings of consistency with the priority policies of the Planning Code Section 101.1 and the General Plan. (Planning Commission Resolution #16450 adopted 6/27/02 recommending approval; Certificate of Exemption/Exclusion from Environmental Review dated 6/19/02) 3/25/02, ASSIGNED UNDER 30 DAY RULE to Transportation and Commerce Committee, expires on 4/24/2002. 4/12/02 - Transmitted to Planning Commission for public hearing and recommendation. 5/6/02, SUBSTITUTED. Supervisor Sandoval submitted a substitute ordinance bearing new title. 5/6/02, ASSIGNED to Transportation and Commerce Committee. 020715 [SSIP--Advocacy Program] Supervisor Newsom Ordinance amending Administrative Code Section 20.205.2 to establish an advocacy program within the Department of Human Services to assist individuals with their applications for Supplemental Security Income and to require recipients of SSIP benefits to participate in an SSI advocacy program. 5/6/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. 020716 [Amending Rent Control Ordinance Regarding Permissible Passthrough from Landlords to Residential Tenants] Supervisors Ammiano, Leno, McGoldrick, Maxwell Ordinance amending the Residential Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37) regarding permissible passthrough of bond costs from landlords to tenants by providing for 50% passthrough of the change in the landlord’s property tax resulting from the repayment of general obligation bonds of the City and County of San Francisco approved by the voters in the future; and regarding permissible passthrough from landlords to residential tenants of certain costs for capital improvements, rehabilitation, energy conservation improvements, and renewable energy improvements, by codifying and expanding existing amortization schedules, by establishing specified maximum annual passthroughs at 5% of a tenant’s base rent for properties with five or fewer units and at 10% of a tenant’s base rent for properties with six or more units, by capping certification for work and improvements on properties with six or more residential units at 50% of landlord costs unless the tenant elects 100% passthrough of costs with a lifetime rent increase cap of 15% of base rent, by lengthening the amortization period from 10 years to 20 years for certain improvements required by law (including certain seismic improvements to unreinforced masonry buildings), by providing tenants and the Rent Board with pre-application notice of large projects, by providing that each petition totaling more than $25,000 must pay the cost of an estimator hired by the Rent Board unless the applicant provides copies of competitive bids received or copies of time and materials billing, by providing for the Commission on the Environment to conduct hearings and recommend new passthrough provisions encouraging energy conservation improvements and renewable energy improvements, and by expanding the provisions for tenant hardship applications for relief from such passthroughs by providing that a tenant can file such an application at any time instead of only at the time the passthrough is originally approved.This Ordinance amends Sections 37.2, 37.3, and 37.7, and 37.8B, with most provisions operative May 1, 2002 or 60 days prior to passage of this Ordinance on Second Reading by the Board of Supervisors, whichever is later. 5/6/02, ASSIGNED UNDER 30 DAY RULE to Health and Human Services Committee, expires on 6/5/2002. 020717 [Police Department permit and license fees] Mayor Ordinance amending the San Francisco Police Code by amending Sections 2.26 and 2.27, to adjust permit and license fees for businesses regulated under the Police Code, and by adding Section 2.31, to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020718 [Raising license and other Animal Care and Control fees for dogs, cats, and other animals] Mayor Ordinance amending the San Francisco Health Code by amending Sections 41.9, 41.10, 41.15, 41.16, 41.17, and 41.22, to raise license and other Animal Care and Control fees for dogs, cats, and other animals, and by adding Section 41.26, to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020719 [Charging Street Fairs where Alcoholic Beverages are Served for Police] Mayor Ordinance amending Traffic Code Section 806 to charge street fairs where alcoholic beverages are served the full cost of police services, rather than 40 percent of the cost, to eliminate the $2,500 cap on charges for police services for street fairs where alcoholic beverages are served, to eliminate ISCOTT’s authority to waive payment of the cost of police services for street fairs where alcoholic beverages are served, and to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020720 [Ambulance Fee Schedule] Mayor Ordinance approving a fee schedule for ambulance services provided by the San Francisco Fire Department and providing for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020721 [Medical Examiner’s fees] Mayor Ordinance amending the San Francisco Administrative Code by amending Section 8.14, to adjust fees for services provided by the Medical Examiner, and to provide for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020722 [Fees Charged by the County Clerk for Various Services] Mayor Ordinance amending the San Francisco Administrative Code by amending Sections 8.33.1, 62.8, and 62.9, to adjust fees charged by the County Clerk for various services and to provide for annual adjustment of those fees to reflect changes in the Consumer Price Index. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020723 [Setting New Fees for Inspection of Retail Food Facilities by the Health Department] Mayor Ordinance amending the San Francisco Business and Tax Regulations Code, by amending Sections 35, 120, 248, and 249.1, setting fees for inspections of retail food facilities by the Department of Public Health in connection with licenses and permits, and authorizing the Controller to approve yearly cost-of-living adjustments in those fees. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020724 [Adding 15 Percent Charge for Administrative Overhead for Police and Street Cleaning Service to Private Parties] Mayor Ordinance amending the San Francisco Administrative Code by amending Sections 10B.2, 10B.3, and 10B.12, to require the City to charge 15 percent for administrative overhead when it contracts with private parties to provide additional police and street-cleaning services, to prohibit the waiver of fees for additional police services except by ordinance of the Board of Supervisors, and to correct a citation to the Charter. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020725 [Police Alarm Ordinance] Mayor Ordinance amending the San Francisco Police Code by repealing the current Article 37 (Police Emergency Alarm Ordinance), Sections 3700 though 3710, and by enacting a new Article 37 (Police Emergency Alarm Ordinance), Sections 3700 through 3722, providing for permitting of alarm systems and penalties for false alarms, and by amending Police Code Section 2.26, to set permit fees for commercial and residential alarm systems. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020745 [Fees for City Golf Courses, Day Camps, and Swimming Pools] Mayor Ordinance amending the San Francisco Park Code by adding Sections 12.12 through 12.17, setting fees for use of City golf courses, day camps, and swimming pools, and providing for annual adjustment of these fees to reflect changes in the Consumer Price Index. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. Resolutions 020726 [Increasing Fee Charged to Participants in First Offender Prostitution Program] Mayor Resolution approving increase in authorized fee for the First Offender Prostitution Program to $1,000. (Mayor) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020727 [Endorsing the Health Commission Position on Budget Cuts] Supervisors Daly, McGoldrick, Gonzalez, Sandoval, Ammiano Resolution endorsing the position of the San Francisco Health Commission that cuts in the budget for the Department of Public Health are unwise, and urging the Mayor’s Budget Office to submit a June Ist budget that includes full funding for the Health Department, including funding for "add-backs" and full funding for HIV/AIDS programs. 5/6/02, RECEIVED AND ASSIGNED to Budget Committee. 020728 [Affordable Housing General Obligation Bonds] Mayor, Supervisors Ammiano, McGoldrick, Newsom, Maxwell, Sandoval, Daly, Leno, Peskin Resolution determining and declaring that the public interest and necessity demand improvements in the City and County of San Francisco consisting of financing the acquisition, rehabilitation, renovation, improvement, construction, refinancing or preservation of privately-owned or leased rental and housing affordable to low- and moderate-income households, providing downpayment assistance to low- and moderate-income first time homebuyers and paying all other costs necessary and convenient for effectuating those purposes, that the estimated cost of $250,000,000 for the improvements described above is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require incurring bonded indebtedness; finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53. (Mayor) (Fiscal impact.) 5/6/02, RECEIVED AND ASSIGNED to Finance Committee. 020729 [Supporting a Unified San Francisco School District] Supervisors Leno, Maxwell, Ammiano, Peskin, Sandoval Resolution supporting a unified San Francisco School District and urging educators, school administrators and community members to collaborate to improve educational opportunities for all City of San Francisco children. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020730 [Assembly Bill 1421-Involuntary Mental Health Treatment] Supervisor Newsom Resolution urging the California State Legislature to adopt and Governor Gray Davis to sign Assembly Bill (AB) 1421, which would establish an Assisted Community Treatment Program (AOT) model in California, provide court-ordered intensive outpatient mental health services for persons suffering from psychotic disorders and severe mental illness as well as establish Assertive Community Treatment programs (ACT) in California and establish the legal option through Settlement Agreements which provides the option to voluntarily participate in an ACT programs. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020731 [Senate Bill 1751-Mandatory Homeless Death Count Reporting] Supervisors Newsom, Daly Resolution urging the California State Legislature to adopt and Governor Gray Davis to sign Senate Bill (SB) 1751 authored by State Senator John Burton, which would mandate local municipalities to report the deaths of homeless persons for each calendar year, institute the creation of a state homeless death count and providing public access to said information. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020732 [BART Parking-Implement Parking Charges to Balance BART’s Budget] Supervisors Daly, Gonzalez Resolution urging the Bay Area Rapid Transit District to adopt parking charges, rather than increase fares or cut back service, if additional revenues are necessary to balance BART’s operating budget. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020733 [Proclamation] Supervisors Ammiano, Daly Resolution in support of the May 8, 2002 Legislative Action March to Sacramento and proclaiming May 8, 2002 as "National Day of the Teachers." 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020734 [Honoring Lou Harrison] Supervisor Ammiano Resolution honoring Mr. Lou Harrison on the occasion of his 85th Birthday. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020735 [Commending Treasured Composer Lou Harrison] Supervisor Leno Resolution commending treasured Bay Area composer Lou Harrison and declaring May 14, 2002 Lou Harrison Day in San Francisco. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020736 [Commending devorah major] Supervisors Leno, Gonzalez, Daly Resolution commending poet-novelist-educator devorah major as San Francisco’s third Poet Laureate. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020737 [Commending City College] Supervisors Sandoval, Hall Resolution commending Chancellor Phillip Day and the City College of San Francisco Board of Trustees for establishing the Latina/o Service Center. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020738 [Commending Cherie M. Querol Moreno] Supervisor Sandoval Resolution commending Cherie M. Querol Moreno for receiving the KQED Asian Pacific American Heritage Month award honoring her outstanding work as publisher and editor-in-chief of the Philippine News. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020739 [Commending the Asian Liver Center and the Jade Ribbon Campaign] Supervisors Peskin, Sandoval Resolution commending the Asian Liver Center at Stanford University and the Jade Ribbon Campaign for spearheading education, outreach, and advocacy efforts to spread awareness about Hepatitis B and liver cancer prevention in the Bay Area’s Asian and Pacific Islander community. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 020740 [Commending the S.F. Beacon Initiative] Supervisors Newsom, Sandoval Resolution commending the San Francisco Beacon Initiative, all eight of the Beacon Centers and their staff for planning a successful "San Francisco Beacon Centers Fun Day" on May 11, 2002 at the Lindley Meadows in Golden Gate Park. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 020741 [Tammy Haygood] Supervisor Yee Request for hearing regarding the termination of employment of Tammy Haygood. 5/6/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 020742 [Streetlighting in San Francisco] Supervisor Sandoval Hearing to address streetlighting in San Francisco. 5/6/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. 020743 [Budget Review] Supervisor Peskin Hearing to discuss the Budget Committee’s instructions to the Board’s Budget Analyst regarding its upcoming June budget review. The hearing will address (1) Supervisor Peskin’s request for more detailed examination and recommendations regarding positions, whether vacant or filled; (2) Budgetary proposals raised by the Budget Committee that have fiscal implications in next year’s budget; (3) A possible threshold under which the most minor departments would not be reviewed in detail by the Budget Analyst’s Office in order to prioritize analysis of larger departments; and (4) Any other specific directions for budget review. 5/6/02, RECEIVED AND ASSIGNED to Budget Committee. 020744 [Racial Privacy Initiative] Supervisor Maxwell Hearing on the proposed California ballot measure entitled the "Racial Privacy Initiative".The hearing will focus on the local impacts of the measure, and specifically on how it would impact the City’s ability to ensure equal access to local services, craft programs to meet special needs, and enforce its non-discrimination policies. 5/6/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Sponsor requests receipt of reports on the measure’s impacts from numerous City departments, including the Department of Public Health, Human Rights Commission, and the San Francisco Unified School District. 020746 [Reporting Competitive Solicitations to Purchaser] Supervisor Sandoval Hearing to discuss the creation of a centralized Purchasing web site where City departments are required to report competitive solicitations. 5/6/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. Motions 020712 [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. 5/6/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at the Request of Departments PROPOSED ORDINANCES None. PROPOSED RESOLUTIONS 020665 [Conveyance of Water Pipeline Easement in Exchange for 2.5 Acres in San Mateo County] Resolution approving and authorizing the conveyance of a water pipeline easement in exchange for approximately 2.5 acres in San Mateo County; adopting findings that the exchange is exempt from Environmental Review and is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) (Public Benefit Recipient) 4/30/02, RECEIVED AND ASSIGNED to Finance Committee. 020669 [Approving Implementation Plan of the Substance Abuse and Crime Prevention Act of 2000] Supervisors Daly, Newsom Resolution authorizing adoption of the San Francisco County Plan for the Substance Abuse and Crime Prevention Act of 2000 for Fiscal Year 2002-2003. (Public Health Department) 5/1/02, RECEIVED AND ASSIGNED to Health and Human Services Committee. Department requests this item be calendared at the May 16, 2002 meeting. 020705 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. NO PARKING ANYTIME - ESTABLISH Geneva Avenue, south side, from Louisburg Street to 18 feet westerly (18-foot zone). RESIDENTIAL PERMIT PARKING AREA "W" (1-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH 22nd Street, both sides, between Bryant and York Streets (2700 block). NO PARKING ANYTIME - RESCIND Anderson Street, south terminus, in front of 798 Anderson Street. TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Anderson Street, south terminus, in front of 798 Anderson Street. UNMETERED MOTORCYCLE PARKING - ESTABLISH 4th Avenue, east side, from 120 feet to 130 feet south of Cornwall Street, in front of 216 - 4th Avenue. TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Mendell Street, west side, from 93 feet to 137 feet south of Oakdale Avenue. TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Mendell Street, east side, from 3rd Street to 112 feet northerly. NO PARKING ANYTIME - ESTABLISH Congo Street, north side, from Bosworth to 40 feet westerly. NO PARKING ANYTIME - ESTABLISH Bacon Street, north side, from the west property line of Bowdoin Street to 42 feet easterly. NO PARKING ANYTIME - ESTABLISH Holyoke Street, east side from Campbell Street to 40 feet southerly. NO PARKING ANYTIME - RESCIND Mojave Street, between Bradford Streetand Peralta Avenue, both sides. TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Mojave Street, both sides, between Bradford Street and Peralta Avenue. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Folsom Street, north side, from 2nd Street to 140-feet easterly (removes five meters). TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Folsom Street, north side, from 3rd Street to 140-feet easterly (removes two meters). METERED MOTORCYCLE PARKING - ESTABLISH Hyde Street, west side, from 2 feet to 30 feet south of Ellis Street, in front of 359 Hyde Street (replacing meter #329 and adjacent red zone with eight motorcycle stalls). METERED COMPACT PARKING STALL - ESTABLISH 10th Street, west side, from 180 feet to 195 feet north of Harrison Street, in front of 360 10th Street (at Meter #342). UNMETERED COMPACT PARKING STALL - ESTABLISH 17th Street, south side, from 8 feet to 23 feet east of Shotwell Street, (15-foot zone in front of 3141 17th Street, accommodating one compact stall). NO PARKING ANYTIME - RESCIND Charter Oak Avenue, east side, from Helena Street up to and including the south terminus (including frontage along I-280 freeway). NO PARKING ANYTIME - ESTABLISH Charter Oak Avenue, east side, from Helena Street to the south terminus. 1-HOUR PARKING - ESTABLISH Jessie Street, south side, between Mint and 6th Streets (Parking and Traffic Department) (DPT Order No. 2422.) 5/1/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 020706 [Traffic Regulations, Various Streets] Supervisor Newsom Resolution enacting and rescinding traffic regulations on various streets. MUNI BUS ZONES - ESTABLISH North Point Street, south side, from The Embarcadero to 80 feet westerly (80-foot zone near-side zone) (This legislatively reinstates a bus zone that was never physically removed). NO LEFT TURN, 7 A.M. - 9 A.M. AND 4 P.M. - 6 P.M., MONDAY THROUGH FRIDAY- ESTABLISH Geneva Avenue, both directions at Paris Street. NO RIGHT TURN - RESCIND Bayshore Boulevard, southbound, onto Arleta Way. BUS ZONE - RESCIND Folsom Street, south side, from 3rd Street to 80-feet easterly (Bus zone will be relocated to new boarding island). BUS ZONE - RESCIND Folsom Street, south side, from 2nd Street to 100-feet westerly. (Bus zone will be relocated to new boarding island). TOW-AWAY, NO STOPPING ANYTIME FROM 3 PM - 7 PM, EVERYDAY - ESTABLISH Masonic Avenue, west side, form 150 feet to 300 feet north of Geary Boulevard. STOP SIGNS - ESTABLISH Jerrold Avenue and Napoleon Street, stopping Napoleon Street, the stem of the T-intersection at Jerrold Avenue, making this uncontrolled T-intersection a one-way STOP. STOP SIGNS - ESTABLISH Loomis Street and Oakdale Avenue, stopping Oakdale Avenue at Loomis Street, making this intersection an all-way STOP. STOP SIGNS - ESTABLISH 31st Aveune and Quintara Street, stopping 31st Avenue and Quintara Street, making this intersection an all-way STOP. TOW-AWAY, NO STOPPING, 7 AM to 9 AM, MONDAY THROUGH FRIDAY - ESTABLISH McAllister Street, south side from Van Ness Avenue to 125 feet westerly. (affects meters # 501, 503, 505, 507, 509 & 511). STOP SIGNS - ESTABLISH 32nd Avenue at Pacheco Street, stopping 32nd Avenue, making this intersection an all-way STOP. (Parking and Traffic Department) (DPT Order No. 2422.) 5/1/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. PROPOSED MOTIONS 020670 [Board Off-site Meetings] Supervisor Ammiano Motion ordering the City and School District Committee meeting of the Board of Supervisors be held at the Irving G. Breyer Board Meeting Room, Board of Education, 555 Franklin Street, First Floor, San Francisco, on June 19, 2002 at 3:00 P.M.; and directing the Clerk of the Board to prepare the proper notices and postings. 5/1/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. Requests Granted From: Supervisor Gonzalez To: Public Defender Requesting/Inquiring: To convey information regarding felony caseloads of attorneys.For each Felony Attorney, break down the number of regular felony cases, number of serious felony cases, and number of probation violation cases, not including matters set for progress report, diversional drug court matters, or cases awaiting sentencing; including the number of pending cases in preliminary hearing courts divided between open cases and those awaiting sentencing, not including diversion matters.The report should reflect the current status as of May. From: Supervisor Maxwell To: City Attorney Requesting/Inquiring: To draft legislation to prohibit the issuance of liquor licenses along Third Street. From: Supervisor Peskin To: Director, Department of Public Health Requesting/Inquiring: To report on efforts being undertaken by the City to prevent Hepatitis B within the local Asian and Pacific Islander population, and whether additional programs are necessary to screen, educate and provide vaccines to local residents to protect against Hepatitis B. From: Supervisor Peskin To: City Attorney Requesting/Inquiring: To research whether either industrial guidelines regarding noise or the City’s Noise Ordinance apply to the Waterfront Pavilion Organ, a community-based project to improve open space along the Embarcadero. From: Supervisor Peskin To: Budget Analyst Requesting/Inquiring: To report on the cost of a comprehensive management audit of the San Francisco Airport to be completed within one year’s time.To provide a copy of the cost estimate to all members of the Board of Supervisors’ Budget Committee. From: Supervisor Hall To: Director, Department of Real Estate Requesting/Inquiring: To provide a complete listing of all City-owned From: Supervisor Hall To: Director, Department of Public Works Requesting/Inquiring: To report on the status of the $150,000 median strip pilot program in District 7, and what plans the Department of Public Works has for expanding this program into other areas of the City. From: Supervisor Hall To: Director, Department of Parking and Traffic Requesting/Inquiring: To report on the feasibility of installing a stop sign at the corner of Yerba Buena and Miraloma. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Dorinda Ottey (Supervisors Yee, Daly) ADJOURNMENT There being no further business, the Board at the hour of 6:41 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 15, 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