Board of Supervisors Minutes: August 5, 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, August 5, 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, Leland Y. Yee. Members Excused: None. Members Absent: Gerardo Sandoval. 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 Newsom, Peskin, Sandoval, Yee - 4. Quorum present. Supervisors Newsom, Peskin, Yee were noted present at 2:01 p.m. Supervisor Sandoval was excused. (see infra) Supervisor Sandoval Excused from Attendance Supervisor Leno, seconded by Supervisor Daly, moved to excuse Supervisor Sandoval from attending today’s meeting. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval APPROVAL OF MEETING MINUTES Supervisor Leno, seconded by Supervisor Yee, moved to approve meeting minutes of June 3, 2002. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval AGENDA CHANGES The President inquired if there were any changes to the agenda members were aware of which needed to be continued, tabled, or considered differently. There were none. CONSENT AGENDA Recommendations of the Finance Committee 020483 [Donation of Equipment] Supervisor Daly Resolution authorizing a donation of one surplus Police van to the City of Concord, California, for use in its Police Department’s emergency response efforts. (Police Department) Enacted Number: 529-02 ADOPTED 021237 [Contracting out City Services] Resolution concurring, retroactively, with the Controller’s certification that assistance to certain victims of crime and education in community anti-street violence can be practically performed for the District Attorney’s Victim Witness Assistance Program by a private contract at a lower cost than similar work services performed by City and County employees. (District Attorney) (Public Benefit Recipient.) Enacted Number: 530-02 ADOPTED Recommendation of the Transportation and Commerce Committee 021174 [Stop Intersections] Supervisor Newsom Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH 17th and Shotwell Streets, stopping 17th Street at Shotwell Street, making this intersection an all-way STOP; El Camino Del Mar and Seacliff Avenue, stopping northbound El Camino Del Mar at Seacliff Avenue, making this intersection an all-way STOP; Girard Avenue and Silliman Street, stopping Silliman Street at Girard Avenue, making this intersection an all-way STOP; 17th and Rhode Island Streets, stopping 17th Street at Rhode Island Street, making this intersection an all-way STOP; Octavia and Washington Streets, stopping Octavia Street at Washington Street, making this uncontrolled T-intersection a one-way STOP; and Alameda Street and Treat Avenue, stopping eastbound Alameda Street at Treat Avenue, making this uncontrolled T-intersection a one-way STOP. (Parking and Traffic Department) (DPW Order No. 2452.) (6/26/02: Categorically exempt from Environmental Review Class 1(c)(9) changes in traffic and parking regulations where such changes do not establish a higher speed limit or result in more than a negligible increase in use of the street.) Enacted Number: 531-02 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval REGULAR AGENDA NEW BUSINESS Recommendations of the Finance Committee 011178 [Motor Vehicle for Hire Permit Filing Fees and License Fees] Ordinance amending Sections 2.26.1 and 2.27.1 of the Police Code to amend schedules for motor vehicle for hire permit filing fees and license fees. (Taxi Commission) PASSED ON FIRST READING by the following vote: Ayes: 9 - Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Noes: 1 - Ammiano Absent: 1 - Sandoval From Finance Committee Without Recommendation 021141 [Agreement for Stadium Advertising] Supervisor Maxwell Ordinance approving and authorizing an agreement with the San Francisco Forty Niners, Ltd., for stadium advertising and naming rights and for the performance of certain capital repairs at the stadium located at Candlestick Point. The authorization of an agreement with the San Francisco Forty Niners, Ltd., for naming rights was divided and considered separately. See File No. 021397. DIVIDED. Ordinance approving and authorizing an agreement with the San Francisco Forty Niners, Ltd., for the sale of stadium advertising and for the performance of certain capital repairs at the stadium located at Candlestick Point. PASSED ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Daly, Hall, Leno, Maxwell, Newsom, Peskin, Yee Noes: 2 - Gonzalez, McGoldrick Absent: 1 - Sandoval 021397 [Agreement for Naming Rights] Supervisor Maxwell Ordinance approving and authorizing an agreement with the San Francisco Forty Niners, Ltd., for the sale of naming rights and for the performance of certain capital repairs at the stadium located at Candlestick Point. Divided from File No. 021141. NOT PASSED ON FIRST READING by the following vote: Ayes: 5 - Leno, Maxwell, Newsom, Peskin, Yee Noes: 5 - Ammiano, Daly, Gonzalez, Hall, McGoldrick Absent: 1 - Sandoval Recommendations of the Transportation and Commerce Committee 021069 [Designating the Drexler/Colombo Building at 1-21 Columbus Avenue and 612-624 Washington Street as a Landmark] Supervisors Peskin, Daly, Leno, Newsom, Hall Ordinance designating 1-21 Columbus Avenue and 612-624 Washington Street, the Drexler/Colombo Building, Lot 4 in Block 195, as Landmark No. 237 and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Supervisors Daly, Leno, and Hall requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 021179 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. TOW-AWAY, NO PARKING ANYTIME, 8 PM - 8 AM, EVERYDAY - ESTABLISH Mendell Street, west side, from 93 feet to 137 feet south of Oakdale Avenue (44-foot zone); and Mendell Street, east side, from 3rd Street to 112 feet northerly (112-foot zone). ONE-HOUR PARKING TIME LIMIT, APRIL THROUGH OCTOBER, 7 AM TO 10 PM, MONDAY THROUGH FRIDAY; 9 AM TO 6 PM, SATURDAY AND SUNDAY - RESCIND ONE-HOUR PARKING TIME LIMIT, NOVEMBER THROUGH MARCH, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY - RESCIND PARKING METERS (EXTEND PARKING METER AREA 3) - ESTABLISH 3rd Street, both sides, between King and Townsend Streets. PARKING METERS (EXTEND PARKING METER AREA 3) - ESTABLISH King Street, north side, from 135 feet to 212 feet and 278 feet to 346 feet west of 2nd Street (77-foot and 68-foot zones, respectively). RESIDENTIAL PERMIT PARKING AREA "Z" (TWO-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH 27th Street, both sides, between Noe and Sanchez Streets (400 block). UNMETERED MOTORCYCLE PARKING - RESCIND UNMETERED MOTORCYCLE PARKING, 7 PM to 7 AM, DAILY - ESTABLISH 6th Street, east side, from nine feet to 30 feet south of Harrison Street, accommodating six motorcycle stalls. 4 HOUR PARKING TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH Van Ness Avenue, center parking area, from North Point Street to 300 feet northerly. PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH 18th Street, north side, from 52 feet east of Rhode Island Street to Carolina Street. TOW-AWAY NO STOPPING ANYTIME - ESTABLISH Folsom Street, north side, from 3rd Street to 140 feet easterly; and Folsom Street, north side, from 2nd Street to 140 feet easterly. NO PARKING ANYTIME - RESCIND TOW AWAY NO PARKING ANYTIME - ESTABLISH Burgoyne Street, both sides, south of Pacific Avenue. UNMETERED MOTORCYCLE PARKING - ESTABLISH 133 Palm Avenue, west side, from 263.5 feet to 270.5 feet south of Euclid Avenue (seven-foot zone in front of 133 Palm Avenue, accommodating two motorcycle stalls). TOW AWAY NO STOPPING ANYTIME - ESTABLISH Broderick Street, east side, from Sutter Street to 15 feet northerly; and Sutter Street, north side, from Broderick Street to 14 feet easterly. NO PARKING ANYTIME - ESTABLISH Sears Street, along the south terminus, south of Sickles Avenue. NO PARKING ANYTIME - ESTABLISH Lyon Street, east side, from Green Street to 150 feet southerly to the terminus and from the terminus to 36 feet westerly. UNMETERED MOTORCYCLE PARKING - ESTABLISH 1366 Hayes Street, between the driveways of 1366 and 1370 Hayes Street (12-foot zone, accommodating two motorcycle stalls). RESIDENTIAL PERMIT PARKING AREA "S" (TWO-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Sanchez Street, both sides, between Hill and Liberty Streets (portions of the 700 and 800 blocks). RESIDENTIAL PERMIT PARKING AREA "S" (FOUR-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Hill Street, both sides, between Church and Sanchez Streets (300 block). UNMETERED MOTORCYCLE PARKING - ESTABLISH 1570 -1574 Waller Street, north side, from 100 feet to 109.5 feet Enacted Number: 532-02 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval COMMITTEE REPORTS Supervisor Newsom Recused from Voting Supervisor Maxwell, seconded by Supervisor Daly, moved to recuse Supervisor Newsom from voting on File Nos. 021292 and 021294. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Yee Absent: 1 - Sandoval From Finance Committee 021292 [Business Tax] Supervisor McGoldrick Motion submitting the San Francisco Business Tax Reform Ordinance 2002 to the qualified electors of the City and County of San Francisco, at the November 5, 2002 general municipal election. Supervisor McGoldrick, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Yee Absent: 1 - Sandoval Excused: 1 - Newsom 021294 [Business Tax] Supervisor McGoldrick Ordinance amending the Business and Tax Regulations Code to: (1) enact a new Article 12-A-1 (Gross Receipts Tax Ordinance) to impose a gross receipts tax on persons engaging in business in San Francisco as a lessor of real estate; (2) amend Article 12-A (Payroll Expense Tax Ordinance) to (i) reduce businesses’ taxable payroll expense by the amount of payroll expense attributable to their San Francisco business activities taxed under Article 12-A-1 (Gross Receipts Tax Ordinance), (ii) conform Article 12-A (Payroll Expense Tax Ordinance) with the enactment of Article 12-A-1 (Gross Receipts Tax Ordinance) and amendments to Article 6 (Common Administrative Provisions), (iii) repeal the $500 surplus business tax revenue credit set forth in Section 906E, and (iv) consolidate exemptions, definitions and other administrative provisions, as amended, that apply to Article 12-A (Payroll Expense Tax Ordinance) and other Articles of the Business and Tax Regulations Code, and place them in Article 6 (Common Administrative Provisions); (3) amend Article 12 (Business Registration Ordinance) to conform business registration requirements with the enactment of Article 12-A-1 (Gross Receipts Tax Ordinance) and amendments to Article 12-A (Payroll Expense Tax Ordinance) and Article 6 (Common Administrative Provisions); (4) amend Article 6 (Common Administrative Provisions) to (i) clarify common administrative provisions and conform them with the enactment of Article 12-A-1 (Gross Receipts Tax Ordinance) and amendments to Article 12-A (Payroll Expense Tax Ordinance) and Article 12 (Business Registration Ordinance), (ii) consolidate exemptions, definitions and other administrative provisions that apply to Article 12-A (Payroll Expense Tax Ordinance), Article 12-A-1 (Gross Receipts Tax Ordinance), Article 12 (Business Registration Ordinance) and other Articles of the Business and Tax Regulations Code, and (iii) eliminate the Board of Review; and (5) amend Section 501 of Article 7 to clarify the definition of "Permanent Residents" exempt from the tax on the transient occupancy of hotel rooms. Supervisor McGoldrick, seconded by Supervisor Maxwell, moved that this Ordinance be TABLED. The motion carried by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Peskin, Yee Absent: 1 - Sandoval Excused: 1 - Newsom PUBLIC COMMENT 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. Appointment of President Pro Tempore At the request of the President, Supervisor Daly assumed the Chair. 021355 [Legislative Analyst Request] Supervisor Daly Motion asking the Legislative Analyst to study the City’s Natural Areas Program, contrast and compare this program to the efforts in other cities, study and report on all resolutions and ordinances concerning the program, and interviewing all the various stakeholders who are interested in or concerned about the program. APPROVED by the following vote: Ayes: 9 - Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 2 - Ammiano, Sandoval The President resumed the Chair shortly thereafter. PUBLIC COMMENT Patricia Boyde, historical buildings; Male speaker, homelessness; Bernan Ma, homelessness; Christian Milton Hanks, labor leader, recycling; John Bardis, budget process; Brad Burson, Chinese government; James Chaffie, finance disclosure; Jack Dotson and male speaker, name of Candlestick Park. CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Anticipated Litigation as Plaintiff or Defendant 021321 [Anticipated Litigation] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation (City anticipated to be a plaintiff or defendant) which may occur with Television Signal Corporation and AT&T Broadband et al. regarding compliance with the City’s cable television franchise and AT&T Broadband’s proposed merger with Comcast. (City Attorney) This closed session would be permitted by Government Code Section 54956.9(b) and (c) and the San Francisco Administrative code Section 67.10(d). Supervisor Daly, seconded by Supervisor Hall, moved. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Recess The Board recessed at the hour of 4:25 p.m. to convene in closed session pursuant to above motion. Reconvening of the Board The Board at the hour of 5:05 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, Yee - 10 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 pending litigation. Persons in attendance: Supervisors Ammiano,Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, 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 Edward Harrington, Controller Kay Gulbengay, Deputy Clerk Victor Young, Assistant Clerk HEARD IN CLOSED SESSION by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 3 - Hall, Leno, Sandoval Continued to August 19, 2002. CONTINUED by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 3 - Hall, Leno, Sandoval [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 Peskin, moved. The motion carried by the following vote: Ayes: 8 - Ammiano, Daly, Gonzalez, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 3 - Hall, Leno, Sandoval 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. 021336 [Consolidation of BART Election - 11/5/02] Supervisor Ammiano Resolution consolidating the Bay Area Rapid Transit Election for Director’s Seat in District 8 and Special District Election for a Seismic Safety Bond to be held in the City and County of San Francisco on November 5, 2002 with the General Municipal Election scheduled for the same date, and providing that the election shall be the same as for the General Municipal Election. Enacted Number: 526-02 ADOPTED 021340 [Accept and Expend a Gift from Tides Foundation] Supervisors McGoldrick, Leno, Newsom Resolution accepting and expending a gift in place valued at approximately $150,000 from the Tides Foundation to the Recreation and Park Department for the National AIDS Memorial Grove. Supervisors Leno and Newsom requested to be added as co-sponsors. Enacted Number: 534-02 ADOPTED 021341 [Proclamation] Supervisors Ammiano, Daly Resolution declaring the week of August 3 through August 11, 2002 as Go Congress Week in the City and County of San Francisco. Supervisor Daly requested to be added as co-sponsor. Enacted Number: 535-02 ADOPTED 021342 [Honoring Patricia Walkup] Supervisors Gonzalez, Leno, Daly, Newsom, Peskin, McGoldrick, Ammiano, Maxwell Resolution honoring Patricia Walkup, founder and past President of the Hayes Valley Neighborhood Association. Enacted Number: 536-02 ADOPTED 021344 [Acknowledging Third Baptist Church] Supervisors Maxwell, Newsom Resolution acknowledging the spiritual leadership and dedication provided by Third Baptist Church and for its numerous contributions to the people of the City and County of San Francisco on the occasion of its sesquicentennial anniversary of service. Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 537-02 ADOPTED 021345 [Urging the National Park Service, GGNRA, maintain the present configuration of the USSSF Memorial Monument.] Supervisors Yee, Sandoval Resolution urging the National Park Service, Golden Gate National Recreation Area, to maintain the present configuration of the USS San Francisco Memorial Monument, and urging the National Park Service to approve the erection of two additional historical plaques. Supervisor Sandoval requested be added as a co-sponsor. Enacted Number: 538-02 ADOPTED 021346 [Proclamation] Supervisors Yee, McGoldrick, Peskin, Newsom Resolution proclaiming October 12, 2002 as Green Apple Books Day and celebrating the 35th Anniversary of Green Apple Books. Supervisors Peskin and Newsom requested to be added as co-sponsors. Enacted Number: 539-02 ADOPTED 021347 [Commending Nikkei] Supervisor Peskin Resolution commending the accomplishments of Nikkei in San Francisco and throughout the nation and welcoming the Nikkei visitors attending the Topaz reunion. Enacted Number: 540-02 ADOPTED 021348 [Commending Shanghai Festival] Supervisors Yee, Leno, Hall, Newsom Resolution commending the Shanghai Festival and proclaiming the fourth week of December 2002 as Shanghai Festival Week. Supervisors Leno, Hall, and Newsom requested to be added as co-sponsors. Enacted Number: 541-02 ADOPTED 021357 [Commending La Raza Centro Legal] Supervisor Daly Resolution commending La Raza Centro Legal for their outstanding commitment to the San Francisco day labor population and for their tremendously successful administration, management and operation of the San Francisco day labor program. Enacted Number: 543-02 ADOPTED 021334 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Yee, Leno, Daly, Peskin, McGoldrick, Maxwell Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Enacted Number: M02-122 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval Severed from for Adoption Without Committee Reference Suspend Rule 2.11 of the Rules of Order of the Board of Supervisors Supervisor Hall, seconded by Supervisor McGoldrick, moved to suspend the Rules of Order of the Board of Supervisors. The motion carried by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval 021301 [Opposing S2633 and HR3782] Supervisors Leno, Daly, Gonzalez Resolution urging the U.S. Senate to oppose the RAVE Act, S2633 (Reducing America’s Vulnerability to Ecstacy Act) and urging the House of Representatives to oppose HR3782 sponsored by Congressman Doug Ose (D-CA). Supervisor Hall requested this matter be severed so it could be considered separately. Enacted Number: 533-02 ADOPTED by the following vote: Ayes: 9 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Noes: 1 - Hall Absent: 1 - Sandoval 021343 [Prohibition on the Sale of Naming Rights] Supervisors Gonzalez, Hall, Daly, McGoldrick, Sandoval Resolution urging the Recreation and Park Commission to adopt a policy prohibiting the sale or lease of naming rights of any publicly-owned facility or open space and declaring that such policy is in the public interest and shall be adopted by the City and County of San Francisco and applied to all publicly-owned property. Supervisor Gonzalez requested this matter be severed so it could be considered separately. Supervisor Gonzalez requested this item be referred to committee. REFERRED to the Finance Committee. 021349 [Special Offsite Committee Meeting] Supervisor Newsom Motion setting a special offsite meeting of the Neighborhood Services and Recreation Committee for the purpose of receiving community input concerning items including, but not limited to, toxic waste, the PTIP and other general issues at the Presidio Trust (Thursday, August 22, 2002 - 2:00 PM, at the Presidio Trust Main Post, Officers Club, 50 Moraga Avenue). Supervisor McGoldrick requested this matter be severed so it could be considered separately. Enacted Number: M02-123 ADOPTED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Yee Absent: 1 - Sandoval OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Resolutions 021358 [Safe Haven for Newborns Task Force] Supervisor Hall Resolution establishing a Safe Haven for Newborns Task Force charged with determining how to implement SB 1368, which provides for the safe surrender of unwanted newborns. The Task Force shall be comprised of one representative from each of the following agencies or organizations: the Department of Public Health, the District Attorney’s Office, the Fire Department, the Department of Children Youth, and their Families, the Juvenile Probation Department, the Youth Commission (or their designee), the San Francisco Unified School District, the Mental Health Board, the Department of Human Services, the Police Department, and a member of the community with expertise in the area of domestic violence. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021359 [Voting Modernization Bond Act of 2002] Supervisors Peskin, Gonzalez, Daly Resolution approving the application for funds under the Voting Modernization Bond Act of 2002 (Proposition 41). 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021360 [State grant funds of $100,000 for a study of the coastal erosion occurring at Ocean Beach and potential methods of control] Supervisors McGoldrick, Newsom Resolution authorizing the Department of Public Works to accept and expend a grant in the amount of $100,000 from the Coastal Resources Grant Program for the Ocean Beach Erosion Control Project in the City and County of San Francisco. (No Public Benefit Recipient.) 8/5/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. Sponsor requests this item be scheduled for consideration at the August 22, 2002 meeting. 021361 [Urge GGNRA make available information on ANPR process] Supervisor Yee Resolution urging the National Park Service, GGNRA, to make available to those requesting information on the ANPR process, documents showing the design, methodology, and protocols for analyzing Public Comment, the telephone survey, and any other Technical Information that will be supplied to the Federal panel for the ANPR process regarding Pet Management in the GGNRA. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021362 [Accept and expend funds for "Nature by Design" Trade Show] Supervisor Yee Resolution accepting the raising of funds and receipt of door prizes for expenditure for and at the "Nature by Design" Trade Show, through the Mayor’s Office of Economic Development. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021363 [Commend Nagi Daifullah] Supervisors Yee, Sandoval Resolution commending the courage and legacy of farm worker Nagi Daifullah. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021364 [Issuance and Sale of Revenue Bonds - Carter Terrace Multifamily Residential Rental Housing Development] Supervisor Maxwell Resolution approving, for purposes of the Internal Revenue Code, the issuance and sale of revenue bonds by the City and County of San Francisco in an aggregate principal amount not to exceed $17,000,000 for the Carter Terrace multifamily residential rental housing development. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021365 [Urge Governor Davis to make SB 2065, State Law] Supervisors Maxwell, Leno, Sandoval Resolution urging the State Legislature and Governor Davis to make SB 2065, California’s low level radioactive waste reporting requirement, into state law. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021366 [Supporting amendment of Anti-SLAPP law] Supervisor Gonzalez Resolution urging the California Legislature to pass and the Governor to sign SB 1651, the amendment to change Section 426.16 of the Anti-SLAPP law to prevent rogue corporations from using this law to obstruct lawsuits filed by concerned citizens. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021367 [Commend Federal ruling release of names detained] Supervisor Daly Resolution commending the Federal ruling mandating the release of the names of individuals who have been detained as part of the investigation of the September 11 terrorist attacks. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021368 [Issuance and Sale of Revenue Bonds - Folsom/Dore Multifamily Residential Rental Housing Development] Supervisor Daly Resolution approving, for the purposes of the Internal Revenue Code, the issuance and sale of revenue bonds by the City and County of San Francisco in an aggregate principal amount not to exceed $19,000,000 for the Folsom/Dore multifamily residential rental housing development. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021371 [Commemorate ADA of 1990] Supervisors Leno, Maxwell, Sandoval Resolution commemorating the 12th anniversary of the Americans with Disabilities Act of 1990. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021372 [Accept and expend funds to implement the West Approach Retrofit Project] Supervisor Daly Resolution authorizing the Executive Director of the Department of Parking and Traffic and the Director of the Department of Public Works to accept and expend federal and state grant funds up to $2,560,000 as reimbursement for providing design and construction engineering support to the California Department of Transportation (Caltrans) for its seismic retrofit projects in the City and County of San Francisco, including the I-80 Western approach Retrofit Project. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 021373 [Urge Governor Davis to enact AB 60] Supervisor Sandoval Resolution urging Governor Davis to work with the California State Assembly to enact Assembly Bill 60 as soon as possible. 8/5/02, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 021374 [COMPSTAT Model] Supervisor Newsom Hearing to discern issues relating to the possible utilization of the COMPSTAT model by the San Francisco Police Department (SFPD). 8/5/02, RECEIVED AND ASSIGNED to Public Works and Public Protection Committee. 021375 [Union Square] Supervisor Leno Hearing to discuss the completion of Union Square which includes leases with cafe operators and ticket vendors, developing protocol for maintenance and security, and coordinating a concert and events schedule. 8/5/02, RECEIVED AND ASSIGNED to Finance Committee. 021376 [MUNI Nextbus Contract] Supervisor Leno Hearing with MUNI representatives to discuss the implementation of the Nextbus contract, the state of this contract, the schedule of installation, and how to expedite this process. 8/5/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 021377 [Cameras in Taxi Cabs] Supervisor Ammiano Hearing on the Taxi Cab Commission mandated security cameras in taxi cabs. 8/5/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 021378 [Delta Dental Plan for City Employees] Supervisor Ammiano Hearing on the Delta Dental Plan for City Employees. 8/5/02, RECEIVED AND ASSIGNED to Finance Committee. 021380 [Legislative Analyst] Supervisor Ammiano Hearing on the Board of Supervisors Office of Legislative Analyst. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. Motions 021381 [Legislative Analyst Request] Supervisor Leno Motion asking the Legislative Analyst to research on the City of New York’s plans for building code changes for high rise structures. The purpose of this research is to compare proposed changes in New York City with existing San Francisco codes to identify possible improvements to our city’s building codes governing high rise structures as well as emergency response equipment and procedures. 8/5/02, ASSIGNED to Board of Supervisors. Scheduled for Board consideration August 12, 2002. 021382 [Ballot Argument - Water and Sewer] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition E, a Charter Amendment regarding changes to public utilities related to water and sewer. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021383 [Rebuttal Argument - Water and Sewer] Supervisor Ammiano Motion authorizing rebuttal to opponent’s ballot argument against Proposition E, a Charter Amendment regarding changes to public utilities related to water and sewer. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021384 [Ballot Argument - Retirement Benefits for Police and Fire personnel] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition H, a Charter Amendment regarding retirement benefits for Police and Fire personnel. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021385 [Rebuttal Argument - Retirement Benefits for Police and Fire personnel] Supervisor Ammiano Motion authorizing rebuttal to opponent’s ballot argument against Proposition H, a Charter Amendment regarding retirement benefits for Police and Fire personnel. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021386 [Ballot Argument - Elections Department] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition G, a Charter Amendment regarding assistance to the Elections Department. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021387 [Rebuttal Argument - Elections Department] Supervisor Ammiano Motion authorizing rebuttal to opponent’s ballot argument against Proposition G, a Charter Amendment regarding assistance to the Elections Department. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021388 [Ballot Argument - Revenue Bond Election] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition A, a Bond Measure regarding a Revenue Bond Election. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021389 [Rebuttal Argument - Revenue Bond Election] Supervisor Ammiano Motion authorizing rebuttal to opponent’s ballot argument against Proposition A, Bond Measure regarding a Revenue Bond Election. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021390 [Ballot Argument - Paid Parental Leave] Supervisor Daly Motion authorizing proponent’s ballot argument in favor of Proposition I, a Charter Amendment regarding paid parental leave. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021391 [Rebuttal Argument - Paid Parental Leave] Supervisor Daly Motion authorizing rebuttal to opponent’s ballot argument against Proposition I, a Charter Amendment regarding paid parental leave. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021392 [Ballot Argument - Supervisors Salaries] Supervisors Gonzalez, Leno Motion authorizing proponent’s ballot argument in favor of Proposition J, a Charter Amendment regarding Supervisors salaries set by the Civil Service Commission. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021393 [Rebuttal Argument - Supervisors Salaries] Supervisors Gonzalez, Leno, Ammiano, Sandoval Motion authorizing rebuttal to opponent’s ballot argument against Proposition J, a Charter Amendment regarding Supervisors salaries set by the Civil Service Commission. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021394 [Ballot Argument - Energy Self-sufficiency] Supervisors Gonzalez, Daly, Maxwell Motion authorizing proponent’s ballot argument in favor of Proposition D, a Charter Amendment regarding energy self-sufficiency. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021395 [Rebuttal Argument - Energy Self-sufficiency] Supervisors Gonzalez, Daly, Maxwell Motion authorizing rebuttal to opponent’s ballot argument against Proposition D, a Charter Amendment regarding energy self-sufficiency. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021326 [Ballot Argument - Entertainment Commission] Supervisors Leno, McGoldrick, Daly, Ammiano, Gonzalez, Newsom, Peskin, Sandoval Motion authorizing proponent’s ballot argument in favor of Proposition F, a Charter Amendment regarding Entertainment Commission. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021327 [Rebuttal Argument - Entertainment Commission] Supervisors Leno, McGoldrick, Daly, Ammiano, Gonzalez, Newsom, Peskin, Sandoval Motion authorizing rebuttal to opponent’s ballot argument against Proposition F, a Charter Amendment regarding Entertainment Commission. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021328 [Ballot Argument - Veterans Building Special Election] Supervisor Sandoval Motion authorizing proponent’s ballot argument in favor of Proposition C, Bond Measure regarding Veterans Building Special Election. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021329 [Rebuttal Argument - Veterans Building Special Election] Supervisor Sandoval Motion authorizing rebuttal to opponent’s ballot argument against Proposition C, a Bond Measure regarding Veterans Building Special Election. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021330 [Ballot Argument - Condominium Conversion Regulations] Supervisors Peskin, Daly Motion authorizing ballot argument against Proposition R, an initiative ordinance regarding changes to the City’s Condominium Conversion regulations. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. 021331 [Rebuttal Argument - Condominium Conversion Regulations] Supervisor Peskin Motion authorizing rebuttal ballot argument against Proposition R, an initiative ordinance regarding changes to the City’s Condominium Conversion regulations. 8/5/02, RECEIVED AND ASSIGNED to Rules and Audits Committee. PROPOSED RESOLUTIONS 021313 [Branch Library General Obligation Bond Sale] Mayor Resolution authorizing and directing the sale of not to exceed $23,135,000 City and County of San Francisco General Obligation Bonds (Branch Library Facilities Improvement Bonds, 2000), Series 2002B; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Mayor) (Fiscal impact.) 7/31/02, RECEIVED AND ASSIGNED to Finance Committee. 021314 [Department of Consumer Assurance’s schedule of fees for weighing and measuring devices] Resolution approving a schedule of fees to be charged by the Department of Consumer Assurance for testing of weighing and measuring devices initiated by written request and for reinspecting, retesting and recertifying weighing and measuring devices found to be outside the tolerances or specifications set by the California Department of Food and Agriculture upon an initial inspection prescribed by California Business and Professions Code Section 12210(a), and ratifying any such fees charged by the Department prior to this resolution. 7/30/02, RECEIVED AND ASSIGNED to Finance Committee. 021315 [Contracting out Janitorial Services] Resolution concurring with the Controller’s Certification that janitorial services can be practically performed at the Asian Art Museum under private contract at a lesser cost than similar work performed by employees of the City and County. (Asian Arts Commission) 7/29/02, RECEIVED AND ASSIGNED to Finance Committee. 021316 [Federal Grant - Municipal Transportation Agency] Supervisor Newsom Resolution authorizing the Municipal Transportation Agency Board to accept and expend $50,000 of Federal Assistance for Emergency Preparedness Drills, excluding Administrative Overhead Costs. (Municipal Transportation Agency) (No Public Benefit Recipient.) 7/29/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 021317 [Accept - Expend Local Funds] Resolution authorizing the Municipal Transportation Agency to accept and expend $514,664 of Carl Moyer Program funds for Municipal Railway Transit Project. (Municipal Transportation Agency) (Public Benefit Recipient.) 7/29/02, RECEIVED AND ASSIGNED to Transportation and Commerce Committee. 021318 [Special Assessment Liens for Assessment of Costs] Resolution confirming report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of Costs, Emergency Order Fees, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18, 102.19 et. seq., and Sections 108 and 110 Tables 1-K, and 1-G of the SF Bldg. Code submitted by the Dir. of Building Inspection for Services Rendered by said Dept. of Costs thereof having accrued pursuant to the Code Violations referenced above. (Building Inspection Department) 7/30/02, SCHEDULED FOR PUBLIC HEARING. Scheduled for August 19, 2002, at 3:00 p.m. Requests Granted From: Supervisor Maxwell To: Director, Department of Parking and Traffic Requesting/Inquiring: To conduct a detailed engineering analysis on Oakdale Avenue between Lane Street and Griffith Street. This section of Oakdale Avenue is home to two childcare facilities, two after school programs, an elementary school, a recreation center and a playground. This area is currently a nightmare for pedestrians, especially children. Stop signs are not enough. Supervisor Maxwell requests the Department to complete a comprehensive study and provide her office with remedies which the department will implement to calm traffic in this area. Due: October 4, 2002 From: Supervisor Newsom To: General Manager, Muni To: General Manager, BART Requesting/Inquiring: That the General Managers of Muni and BART investigate and report whether Muni can locate funds, or use uncalled contracts, to perform an extensive implementation study on centralized dispatch for taxis, under the umbrella of the Paratransit Program. Also inquiring whether other agencies, such as BART could supply partial funding for this study. From: Supervisor Yee To: City Attorney Requesting/Inquiring: To draft appropriate legislation on how the City may establish noise control regulations for motorized scooters. From: Supervisor Ammiano To: Director, Department of Public Health (Mental Health & Community Substance Abuse Services) To: Director, Department of Human Services To: Director, Juvenile Probation To: Sheriff To: Chief, Police Department To: Superintendent, Unified School District To: Director, Department on the Status of Women To: Public Defender (Juvenile Division) To: Medical Examiner Requesting/Inquiring: That the following (Department of Public Health (Mental Health & Community Substance Abuse Services), Department In Memoriams Mr. Sukhpal Singh (The Entire Board) Mrs. Gloria Turner (Supervisor Yee) Ms. Lori Barr (Supervisor Leno) Dr. Laszlo Tauber (Supervisor Leno) Ms. Desiree Galena (Supervisor Leno) Mr. Edward Turner (Supervisor Yee) ADJOURNMENT There being no further business, the Board at the hour of 5:07 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 September 17, 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