Board of Supervisors Minutes: July 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, July 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 McGoldrick, Sandoval - 2. Quorum present. Supervisors McGoldrick, Sandoval were noted present at 2:01 p.m. APPROVAL OF MEETING MINUTES Supervisor Leno, seconded by Supervisor Maxwell, moved to approve meeting minutes of May 20 and May 28, 2002. 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 Sandoval, seconded by Supervisor Yee, moved to suspend Rule 4.28 of the Rules of Order of the Board of Supervisors to grant privilege of the floor. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Appointment of President Pro Tempore At the request of the President, Supervisor Sandoval assumed the Chair so the President could introduce guests. The President resumed the Chair shortly thereafter. Introduction of Guests President Ammiano introduced, and welcomed the following representatives of Turkey as representatives of the International Diplomacy Council: Mr. Yildiray Arikan, Mr. Cengi Varnatpu, Ms. Cihan Sincar and Mr. Mehmet Yasar Cerci. CONSENT AGENDA Recommendations of the Finance Committee 021137 [Contracting out of Facility Security Services] Resolution concurring with the Controller’s certification that facility security services for Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by City and County employees. (Municipal Transportation Agency) (Fiscal impact; Public Benefit Recipient) Enacted Number: 515-02 ADOPTED 021188 [Contracting out Shuttle Bus Service] Resolution approving retroactively, the Controller’s certification that shuttle bus services for San Francisco International Airport’s Long-Term Parking Lot, the employee garage and surface Lot DD can practically be performed by private contractor at a lower cost than if work were performed by City and County employees. (Airport Commission) (Fiscal impact.) Enacted Number: 517-02 ADOPTED 021199 [Contracting out Paratransit Services] Resolution concurring retroactively, with the controller’s certification that paratransit services for the Municipal Transportation Agency can be practically performed by a private contractor at a lower cost than by city and county employees. (Municipal Transportation Agency) (Fiscal impact.) Enacted Number: 518-02 ADOPTED Recommendation of the Health and Human Services Committee 021138 [Develop and implement plans for public health preparedness and response to bioterrorism] Supervisor Newsom Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a new grant in the amount of $204,352 from the State of California Department of Health Services (CDHS), to further develop and implement plans for public health preparedness and response to bioterrorism and to enter into an agreement for the use of these funds; for the period of February 15, 2002 through August 31, 2003. (Public Health Department) Enacted Number: 516-02 ADOPTED 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 Recommendation of the Finance Committee 021169 [Affordable Housing Bonds Special Election] Mayor, Supervisors Ammiano, Daly, McGoldrick, Leno, Sandoval, Maxwell, Newsom Ordinance calling and providing for a special election to be held in the City and County of San Francisco (the "City") on November 5, 2002, for the purpose of submitting to the qualified voters of the City a proposition for the issuance of bonds by the City (or one of its agencies, departments or enterprises) in the principal amount of Two Hundred Fifty Million Dollars ($250,000,000) to finance the acquisition, construction and/or rehabilitation of housing affordable to low- and moderate-income households and financial assistance to low- and moderate-income first-time homebuyers and authorizing landlords to passthrough fifty percent (50%) of the resulting property tax increase to residential tenants; finding that the estimated cost of the project is and will be too great to be paid out of the ordinary annual income and revenue of the City and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of and the manner of holding the special election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on the bonds and providing for the levy and collection of taxes to pay both principal and interest therefor; prescribing notice to be given of the special election; finding 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; consolidating the special election with the general election; establishing the election precincts, voting places and officers for the special election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with Section 53410 of the California Government Code; incorporating the provisions of Article V of Chapter V of the San Francisco Administrative Code; and imposing certain limitations on the use of bonds proceeds. (Mayor) (Fiscal impact.) Enacted Number: 166-02 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval Noes: 2 - Hall, Yee Recommendations of the Budget Committee 020958 [Public Employment, Fiscal Year 2002-03] Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Year ending June 30, 2003, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor. (Human Resources Department) (Fiscal impact; Companion measure to Files 020956, 020957.) Enacted Number: 175-02 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Gonzalez 020957 [Government Funding for Fiscal Year 2002-03] Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 2003. (Mayor) (Fiscal impact; Companion measure to Files 020956, 020958.) Enacted Number: 174-02 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Gonzalez 021076 [Street fairs fees] Mayor Ordinance amending Traffic Code Section 806 to charge street fairs where alcoholic beverages are served the full cost of police services, subject to a graduated series of caps based on attendance, to eliminate ISCOTT’s authority to waive payment of the cost of police services for those street fairs, and to provide for annual adjustments of these fees and caps to reflect changes in the Consumer Price Index. (Mayor) Enacted Number: 171-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Recommendation of the Finance Committee 021185 [Emergency Response Fee Amendments] Supervisors Daly, Ammiano, Gonzalez, McGoldrick, Sandoval, Leno Ordinance amending Section 755 of the San Francisco Business and Tax Regulations Code by increasing the Emergency Response Fee rates for standard telephone access lines from $1.00 to $1.25 per month, for trunk lines from $7.50 to $9.38 per month, and for high capacity trunk lines from $135 to $168.75 per month. Enacted Number: 173-02 FINALLY PASSED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Sandoval Noes: 3 - Hall, Newsom, Yee From the Clerk 021286 [Adopting findings related to the conditional use appeal on property located at 2001 - 37th Avenue (aka Rivera Street)] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 2001.1203C (which approved the installation of six antennas mounted within fiberglass screens, and three equipment cabinets installed inside the existing rooftop penthouse on a St. Ignatius College Preparatory building as part of a wireless telecommunications network operated by Cingular Wireless) for property in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District which is located at 2001 - 37th Avenue (aka 2750 Rivera Street), west side between Ortega and Quintara Streets (Lot 6 in Assessor’s Block 2094). (Clerk of the Board) (Companion measure to Files 021160, 021161, 021162, 021163.) Supervisor Peskin, seconded by Supervisor Daly, moved an amendment of the whole bearing same title. Supervisor Peskin, seconded by Supervisor Daly, moved that this Motion 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 APPROVED AS AMENDED 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 021135 [Fire Code] Ordinance repealing the San Francisco Fire Code and adopting, in its entirety, a new San Francisco Fire Code. (Fire Department) Enacted Number: 172-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee PUBLIC COMMENT Abadalah Megahed; homelessness Richard Robertson; homelessness Tom McDonagh; old theatres Ernestine Weiss; bond issues James Chaffe; Public Library 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. 021309 [Legislative Analyst Request - Two-Year Budgeting] Supervisors Maxwell, Newsom Motion asking the Legislative Analyst to report on the practice by local governments to operate on a two-year budget cycle. Please provide potential benefits of such practice, as well as examples of municipalities that prepare two-year budgets. APPROVED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff 021190 [Closed Session - Status of Potential AT&T Merger Litigation] Motion that the Board of Supervisors convene in closed session for the purpose of discussing the status of the potential AT&T merger litigation. Supervisor Newsom, seconded by Supervisor Daly, 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 3:17 p.m. to convene in closed session pursuant to the above motion. Reconvening of the Board The Board at the hour of 4:43 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; Dennis Herrera, City Attorney Ted Lakey, Deputy City Attorney; William Sanders, Deputy City Attorney Lisa Gelb, Deputy City Attorney; Julia Friedlander, Deputy City Attorney; Brian Roberts, Principal Policy Analyst, DTIS; Lewis Loeven, Director, DTIS; Denise Brady, Deputy Director, DTIS; Gloria L. Young, Clerk of the Board; Kay Gulbengay, Deputy Clerk; Victor Young, Assistant Clerk. The meeting was informational only and no action was taken. HEARD IN CLOSED SESSION by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Continued to August 5, 2002 meeting. CONTINUED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee [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 Newsom, seconded by Supervisor McGoldrick, moved Not to Disclose Closed Session Deliberations. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee. 021299 [Urging the Presidio Trust Management to have independent verification] Supervisor Yee Resolution urging the Presidio Trust Management to have an independent verification and examination of their financial model and all assumptions and data underlying that model by an independent Certified Public Accountant or a Certified Accounting Firm. Enacted Number: 528-02 ADOPTED 021300 [Reaffirming the importance of CEDAW] Supervisors Yee, Daly, Peskin, Newsom Resolution reaffirming the importance of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and urging Senators Boxer and Feinstein to make every effort to ensure Senate ratification of CEDAW. Supervisors Daly, Peskin and Newsom requested to be added as a co-sponsors. Enacted Number: 519-02 ADOPTED 021302 [Extending the operations of the SRO Task Forces to August 31, 2003] Supervisors Ammiano, Daly, Peskin Resolution extending the operations of the Single Room Occupancy (SRO) Hotel Safety and Stabilization Task Force through August 31, 2003. Supervisors Daly and Peskin requested to be added as co-sponsors. Enacted Number: 520-02 ADOPTED 021303 [Establishing a Work Group to End the Exploitation of Youth] Supervisors Ammiano, Daly, Peskin Resolution approving the formation of a work group to assess the needs of sexually exploited and abused youth. Supervisors Daly and Peskin requested to added as co-sponsors. Enacted Number: 521-02 ADOPTED 021304 [Commending Ingleside Presbyterian Church and Reverend Roland Gordon] Supervisors Sandoval, Hall Resolution commending Ingleside Presbyterian Church and Reverend Roland Gordon on the occasion of Ingleside Presbyterian Church’s 95th anniversary and Reverend Roland Gordon’s 24th pastoral anniversary. Supervisor Hall requested to be added as co-sponsor. Enacted Number: 522-02 ADOPTED 021305 [Commending Henry J. Leigh] Supervisors Maxwell, Leno, Newsom Resolution commending Henry J. Leigh, upon his retirement, for his 32 years of dedication and service to the City and County of San Francisco. Supervisors Leno and Newsom requested to be added as co-sponsors. Enacted Number: 523-02 ADOPTED 021306 [Commending Glynn Moses] Supervisors Maxwell, Leno, Newsom Resolution commending Glynn Moses, upon her retirement, for her 33 years of dedicated service at the San Francisco General Hospital Community Health Network. Supervisors Leno and Newsom added as co-sponsors. Enacted Number: 524-02 ADOPTED