Board of Supervisors Minutes: August 12, 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 12, 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 Supervisor was noted absent: Supervisor Sandoval- 1. Quorum present. SupervisorSandoval was noted present at2:01p.m. APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Gonzalez, moved to approve the minutes of the Board of Supervisors of June 10 and June 17, 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. SupervisorLeno requestedFile Nos.021240,021241, 021242, 021280 and 021243be continued to August 26, 2002. (See infra.) Privilege of the Floor Supervisor McGoldrick, seconded by Supervisor Leno, moved. The motion carried by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Introduction of Guest Supervisor McGoldrick introduced, welcomed and presented a Certificate of Honor to a representative from the Lincoln Golf Course celebrating their 100 Year Anniversary. CONSENT AGENDA Recommendations of the Health and Human Services Committee 021192 [Study of at-risk and HIV positive youth in San Francisco] Supervisors Leno, Maxwell, Daly Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $20,160 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to participate in a study of at-risk and HIV positive youth in San Francisco, for the period of March 1, 2002, to February 28, 2003. (Public Health Department) Supervisor Daly requested to be added as a co-sponsor. Enacted Number: 551-02 ADOPTED 021231 [Recurring FY2002-2003 State grant funds to DPH from the California Department of Health Services] Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for FY 2002-2003. (Public Health Department) Enacted Number: 553-02 ADOPTED 021232 [Study of HIV prevention in beerhalls in Harare, Zimbabwe] Supervisor Maxwell Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $36,991 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to participate in a randomized trial of HIV prevention in beerhalls in Harare, Zimbabwe, for the period of May 1, 2002, to April 30, 2003. (Public Health Department) Enacted Number: 554-02 ADOPTED 021233 [Support and enhance podiatry, nutrition, and diabetic nurse educator services at the Potrero Hill Health Center] Supervisor Maxwell Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a new grant in the amount of $75,000from the Franklin Benevolent Corporation (FBC) to expand on-site direct patient care services for vulnerable and high-risk patients at the Potrero Hill Health Center and to enter into an agreement for the use of these funds; for the period of July 1, 2002 through June 30, 2003. (Public Health Department) Enacted Number: 555-02 ADOPTED Recommendations of the Rules and Audits Committee 020988 [Settlement of Lawsuit] Ordinance authorizing settlement of the matter of Cheryl C. Jessee v. City and County of San Francisco for $45,000 to Cheryl C. Jessee and $61,500 to her attorney of record, Mayo & Rogers. The lawsuit was filed on May 25, 2001, in San Francisco Superior Court, Case No. 321-661; entitled Cheryl C. Jessee v. City and County of San Francisco. (City Attorney) (Public Benefit Recipient.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 021045 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuit filed by Yun Fong Kwan, et al., against the City and County of San Francisco for $90,000; the lawsuit was filed on March 22, 1999 in Superior Court, Case No. 302-154; entitled Kwan, et al. v. City and County of San Francisco, et al. (City Attorney) (Public Benefit Recipient.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 021125 [Settlement of Lawsuit] Ordinance authorizing settlement of the lawsuits filed by one hundred and one individual plaintiffs, in two separate lawsuits known as Rooker, et al. and Weaver, et al. against the City and County of San Francisco, for $862,581.63 in back overtime wages, $137,951.82 in interest payments and $378,043.46 in attorneys’ fees and costs; the Rooker lawsuit was filed on March 9, 1999 in United States District Court, Case No. C99-1095 VRW, entitled Rooker, et al. v. City and County of San Francisco; the Weaver lawsuit was filed on June 27, 2000 in the United States District Court, Case No. C00-2271 VRW, entitled Weaver, et al. v. City and County of San Francisco. (City Attorney) (Public Benefit Recipient.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 021262 [Appointment of Michael G. Kasolas to MTA] Mayor Resolution confirming the appointment of Michael G. Kasolas to the Board of Directors of the Metropolitan Transportation Agency, term ending March 1, 2003. (Mayor) Enacted Number: 556-02 ADOPTED 021099 [Susan Po-RufinoReappointment to Treasure Island Development Authority] Mayor Resolution confirming the reappointment of Ms. Susan Po-Rufino to the Treasure Island Development Authority, term ending April 28, 2006. (Mayor) Enacted Number: 547-02 ADOPTED 021158 [Reappointment to Telecommunications Commission] Mayor Resolution approving the Mayor’s reappointment of Major General James M. Myatt to the Telecommunications Commission, for the term ending July 1, 2005. (Mayor) Enacted Number: 549-02 ADOPTED 021350 [Appointment - Telecommunications Commission] Mayor, Supervisor Daly Resolution approving the Mayor’s appointment of Sunil V. Daluvoy to the Telecommunications Commission, for the term ending July 1, 2003. (Mayor) Supervisor Daly requested to be added as co-sponsor. Enacted Number: 557-02 ADOPTED 020833 [Appointment] Resolution appointing Vera Haile, Tamara Ribas, Houston Zheng, terms ending June 6, 2004; and Hugh Wang, term ending June 6, 2003 to the Immigrant Rights Commission. Vera Haile, succeeding herself, term expired, seat 1, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco for a two year term ending June 6, 2004; Tamara Ribas, succeeding Richard Ow, term expired, seat 3, must have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco for a two year term ending June 6, 2004; Hugh Wang, succeeding Vram Kouramajian, resigned, seat 7, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco for the unexpired portion of a two year term ending June 6, 2003; Houston Zheng, succeeding himself, term expired, seat 9, must be an immigrant to the United States who is appointed in accordance with Section 4.101 of the Charter. In addition, members shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco for a two year term ending June 6, 2004; Enacted Number: 545-02 ADOPTED 021039 [Settlement of Claim] Resolution approving the settlement of the unlitigated claim filed by Alyce M. Satten against San Francisco for $40,000; claim was filed on June 4, 2001. (City Attorney) (Public Benefit Recipient.) Enacted Number: 546-02 ADOPTED 021124 [Settlement of Claim] Resolution approving the settlement of the unlitigated claim filed by Arnulfo O. Felin against San Francisco for $27,619.65; claim was filed on April 16, 2001; additional material terms of said settlement are none. (City Attorney) (Public Benefit Recipient.) Enacted Number: 548-02 ADOPTED Recommendation 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. Enacted Number: 177-02 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendation 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) Enacted Number: 176-02 FINALLY PASSED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee From Finance Committee Without Recommendation 021141 [Agreement for Stadium Advertising] Supervisor Maxwell 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. Enacted Number: 178-02 FINALLY PASSED by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1 - Hall NEW BUSINESS Recommendations of the Finance Committee 021067 [Amending Public Works Code, Street Space Occupancy Permits; Modify the Fee Collection] Supervisors Peskin, Newsom, Daly, Sandoval, Leno Ordinance amending Public Works Code Sections 724 through 724.9 concerning street space occupancy permits to modify the fee collection structure, provide for fee refunds, assess right-of-way occupancy costs, establish minimum notice requirements, and impose other related procedures; amending Traffic Code Section 33.1A to replace existing provisions concerning special parking restrictions with a requirement that the Department of Parking and Traffic and Department of Public Works coordinate jurisdictional activities over street space occupancy permits. Supervisor Sandoval requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Daly, Gonzalez, Hall, Leno, McGoldrick, Newsom, Peskin, Sandoval, Yee Absent: 1 - Maxwell 021184 [Airport Concession Lease] Resolution approving the North Terminal Candy Store Lease between See’s Candies, Inc. and the City and County of San Francisco, Acting by and through its Airport Commission. (Airport Commission) Enacted Number: 550-02 ADOPTED by the following vote: Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee 021230 [Airport Concession Support Program Lease] Resolution approving, retroactive to September 11, 2001, the Airport Concession Support Program between Action Cellular-Cellular Phone Rental Service Lease; Andale SFO - New International Terminal Food and Beverage Lease; Bank of America - Domestic Banking Services Lease; Bayport Concessions LLC dba Willow Street Woodfired Pizza - New International Terminal Food and Beverage Lease; Books, Inc. - North Terminal Bookstore Lease; Buth-Na-Bodhaige, Inc. dba The Body Shop - Boarding Area "F" Cosmetic and Toiletries Lease; CalStar Retail, Inc. - Boarding Area "F" Newsstand Lease and North Terminal Candy Cart/Kiosk Lease; Clear Channel Airports - Airport Advertising Program Lease and SFO Cyber Room Technology Showcase Lease; D. Mitchell Concessions dba Harry Denton’s - New International Terminal Food and Beverage Lease; D-Lew Enterprises dba Il Fornaio - New International Terminal Food and Beverage Lease; Deli-Up Enterprises, LLC - New International Terminal Food and Beverage Lease; Discovery Channel Stores - New International Terminal Nature Theme Store Lease; Ebisu, Inc. - New International Terminal Food and Beverage Lease; Emporio Rulli - New International Terminal Food and Beverage Lease; Fung Lum Express, LLC - New International Terminal Food and Beverage Lease; Gotham Foods Two, LLC dba Firewood Caf