March 16, 1998

Agenda & Minutes Archive

JOURNALOFPROCEEDINGS
BOARDOFSUPERVISORS

Monday, March 16, 1998 - 2:00 p.m.

The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding.

CALLINGTHEROLL
The meeting was called to order at 2:03 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Brown, Kaufman, Medina, Teng, Yaki, Yee-7. Noted absent at first roll call: Supervisors Bierman, Katz, Newsom - 3.

Quorum present.

Supervisor Bierman was noted present at 2:04 p.m. Supervisor Katz was noted present at 2:04 p.m. Supervisor Newsom excused. (See infra.) SupervisorNewsomExcused The Clerk stated Supervisor Newsom requested to be excused from attending today’s meeting. Supervisor Yaki, seconded by Supervisor Brown, moved to excuse Supervisor Newsom from attendance. Motion to excuse Supervisor Newsom from attendance adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Teng, Yaki, Yee-7. Absent: Supervisors Bierman, Katz, Newsom-3.

APPROVALOFJOURNALS
There being no errors, corrections or omissions, Supervisor Teng, seconded

By Supervisor Yaki, moved that the Journals of Proceedings for Monday, February 2 and February 9, 1998, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

PresentationofGuests


SuspensionoftheRules
PresentationMade Supervisor Ammiano, seconded by Supervisor Katz, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Officers Allan Duncan and Henry Seto and to Michael Gillespie. No objection and motion carried. Supervisor Ammiano presented commendations to Officers Allan Duncan and Henry Seto for their part in apprehension of the assailant of a recent hate crime against a member of the San Francisco’s gay community and to Henry Gillepsie for providing the license plate number of the suspect’s car. SPECIALORDER2:00P.M. RecommendationofFinanceCommittee Adopted

[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition "A", bond measure concerning de Young Museum. Sponsor Supervisor Yaki. File 98-0329, Motion No. M98-32 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. RecommendationsofRulesCommittee Adopted as Amended

[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition "B", charter amendment concerning increasing the salary of members of the Board of Supervisors from $23,924 per year to $37,585. Sponsor Supervisor Ammiano. File 285-97-2, Motion No. M98-29 Supervisor Katz, seconded

By Supervisor Yaki, moved to amend ballot argument, page two, first line, after "will", by inserting "provide a cost-of-living adjustment to". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. Adopted

[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition "C", charter amendment concerning Water Department revenue fund requirements. Sponsor Supervisor Kaufman. File 287-97-2, Motion No. M98-31 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki-8. Noes: Supervisor Yee-1. Absent: Supervisor Newsom-1.

[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition "D", charter amendment concerning low cost environmental loans. Sponsor Supervisor Kaufman. File 286-97-2, Motion No. M98-30 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Ballot Argument]
Motion authorizing opponent’s ballot argument against Proposition "F", an initiative ordinance concerning City Hall. Sponsor Supervisor Kaufman. File 98-0330, Motion No. M98-33 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Ballot Argument]
Motion authorizing opponent’s ballot argument against Proposition "G", an initiative ordinance concerning Board of Supervisors’ staff. Sponsor Supervisor Kaufman. File 98-0331, Motion No. M98-34 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. (Supervisor Yee dissenting in Committee.

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[Ballot Argument]
Motion authorizing opponent’s ballot argument against Proposition "H", an initiative ordinance concerning water and sewer rate freeze. Sponsor Supervisor Kaufman. File 98-0332, Motion No. M98-35 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki-7. Noes: Supervisor Ammiano, Yee-2. Absent: Supervisor Newsom-1.

CONSENTCALENDAR
RecommendationsofFinanceCommittee
Finally Passed

[Appropriation, District Attorney]
Ordinance appropriating $292,932, District Attorney, of public protection grant funds to purchase new computer equipment, office furniture, automobiles, law books, and for facility maintenance for fiscal year 1997-98. (Controller) File 98-0243, Ordinance No. 106-98 (Fiscal Impact.) Finally passed.

[Appropriation, Mayor’s Office]
Ordinance appropriating $114,363, Mayor’s Office of Citizens’ Option for Public Safety (COPS) Program Revenue to fund the acquisition, installation and expansion of Video Surveillance Systems Program on MUNI vehicles for fiscal year 1997-98. (Controller) File 98-0244, Ordinance No. 107-98 Finally passed.

[Appropriation, Sheriff’s Department]
Ordinance appropriating $208,400, Sheriff’s Department, from the General Fund Reserve for overtime and professional services to continue the Resolve to Stop the Violence Program (RSVP), for fiscal year 1997-98; companion measure to File 98-0255. Sponsor Supervisor Katz. File 98-0254, Ordinance No. 108-98 (Fiscal Impact.) Finally passed.

[Appropriation, Sheriff’s Department]
Ordinance appropriating $275,240, Sheriff’s Department, from the General Fund Reserves and Jail Overcrowding Fine Fund for the Resolve to Stop the Violence Project (RSVP), mentor court, and community residential treatment beds for fiscal year 1997-98, reserving $55,240 pending receipt of Jail Overcrowding Fine Funds; companion measure to File 98-0254. (Mayor Willie L. Brown, Jr.) File 98-0255, Ordinance No. 101-98 (Fiscal Impact.) Finally passed.

[Appropriation, Board of Supervisors]
Ordinance appropriating and rescinding $103,779, Board of Supervisors, from Board of Supervisors salaries for training, professional services, equipment maintenance and equipment, for fiscal year 1997-98. (Mayor Willie L. Brown, Jr.) File 98-0256, Ordinance No. 98-98 Finally passed.

Adopted

[Lease of Property at 3801 Third Street]
Resolution authorizing the lease of real property at 3801 Third Street, Suites 110, 220 and 230, for the Department of Human Services to permit the relocation of 31 existing positions in order to be located in the Bayview community at a location that is closer to the clients in the community being served. (Real Estate Department) File 98-0318, Resolution No. 196-98 Adopted.

Recommendationsof EconomicDevelopment,Transportation&TechnologyCommittee Finally Passed

[Underground District No. 329]
Ordinance creating Underground District No. 329 in the Liberty Hill area. Sponsor Supervisor Medina. File 98-0063, Ordinance No. 100-98 (District covering 20th Street from Church Street to Guerrero Street, Liberty Street from Church Street to Valencia Street; 21st Street from Church Street to Valencia Street, Dolores Street from 20th Street to 21st Street, Hill Street from Castro Street to Church Street; 22nd Street from Castro Street to Sanchez, and Noe Street from 21st Street to 22nd Street.) Finally passed.

[Underground District No. 330]
Ordinance creating Underground District No. 330 in the Laidley Street area. Sponsor Supervisor Medina. File 98-0064, Ordinance No. 102-98 (District covering Laidley Street from the northerly line of Miguel Street to the southerly line of 30th Street; Laidley Street from the southerly line of Roanoke Street to the easterly line of Castro Street; Fairmount Street from the westerly line of Whitney Street to the easterly line of Laidley Street; Surrey Street from the westerly line of Castro Street to the southerly line of Thor Avenue; and Roanoke Street from the southerly line of Bemis Street to the northerly line of Laidley Street.) Finally passed.

[Underground District No. 331]
Ordinance creating Underground District No. 331 in the Texas and 19th Street area. Sponsor Supervisor Medina. File 98-0142, Ordinance No. 103-98 (District covering Texas Street from the southerly line of 18th Street to the northerly line of 20th Street; Mississippi Street from the southerly line of 18th Street to the northerly line of 20th Street; 19th Street from the easterly line of Missouri Street to the westerly line of Pennsylvania Street; 20th Street from the easterly line of Missouri Street to the westerly line of Pennsylvania Street.) Finally passed.

[Underground District No. 332]
Ordinance creating Underground District No. 332 in the Duncan and Newberg Street area. Sponsor Supervisor Medina. File 98-0143, Ordinance No. 104-98 (District covering Duncan Street from the westerly line of Noe Street to easterly line of Douglass Street; Castro Street from the southerly line of 27th Street to dead end north of 28th Street, Newberg Street all.) Finally passed.

[Underground District No. 333]
Ordinance creating Underground District No. 333 in the Shotwell and Montezuma Street area. Sponsor Supervisor Medina. File 98-0144, Ordinance No. 105-98 (District covering Shotwell Street from the northerly line of Stoneman Street to the southerly line of Mirabel Street; Aztec Street from the westerly line of Shotwell Street to the northerly line of Coso Street, and Montezuma Street from the westerly line of Shotwell Street to the northerly line of Coso Street.) Finally passed.

RecommendationofParksandRecreationCommittee Finally Passed

[Skating Advisory Committee]
Ordinance amending the Administrative Code, to establish a Skating Advisory Committee, with eleven (11) voting members appointed by the Board of Supervisors, responsible for developing a plan for skating-related improvements, reviewing policies and program related to skating in the transportation element of the General Plan of the City, and developing a plan for public outreach. Sponsor Supervisor Ammiano. File 97-97-69, Ordinance No. 99-98 (Adds Article XXI, Section 5.210 through 5.212.) Finally passed.

RecommendationsofRulesCommittee Passed on First Reading

[Cade-Hill, et al. v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Service Employees International Union, AFL-CIO, Local 790 and Ernestine Cade-Hill and the City and County by payment of $27,415.85. (City Attorney) File 98-0257, Ordinance No. (Grievance No. 65-0690.) Passed on first reading.

[Ronald Madarang, et al., v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Ronald Madarang against the City and County by payment of $52,250. (City Attorney) File 98-0280, Ordinance No. (Superior Court No. 981-749.) Passed on first reading.

[Rhonda Collins, et al., v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Rhonda Collins against the City and County by payment of $1,000,000. (City Attorney) File 98-0282, Ordinance No. (U.S. District Court No. C93-0741.) Passed on first reading.

[Robert Pinckney, et al., v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Robert Pinckney against the City and County by payment of $83,835. (City Attorney) File 98-0283, Ordinance No. (U.S. District Court No. C96-0919.) Passed on first reading.

[CCSF v. Karen Freeman]
Ordinance authorizing settlement of litigation by the City and County of San Francisco against Karen Freeman by accepting consideration in the total amount of $70,000 payable in cash and filing satisfaction of judgment. (Treasurer/Tax Collector) File 98-0312, Ordinance No. (Superior Court No. 989835.) Passed on first reading.

[Emily Jean Landsverk, v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Emily Jean Landsverk against the City and County by payment of $4,000,000. (City Attorney) File 98-0319, Ordinance No. (Superior Court No. 985-460.) Passed on first reading. Adopted

[Gift Acceptance]
Resolution authorizing the Public Library to accept a gift from the estate of John J. Morris not to exceed the amount of $186,801.77 for the purchase of books. (Public Library) File 98-0314, Resolution No. 194-98 Adopted.

[Appointment, Redevelopment Agency]
Resolution confirming the Mayor’s appointment of Ramon Enrique Romero to the San Francisco Redevelopment Agency. (Mayor) File 98-0356, Resolution No. 188-98 Adopted.

The foregoing items on the Consent Calendar were acted upon by the following vote: Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. REGULARCALENDAR NEWBUSINESS RecommendationsofFinanceCommittee Adopted

[Exempt Employment]
Resolution approving the designation of the classification and rank of Q-90 Director of Police Psychology exempt from the Civil Service provisions of the Charter. (Police Department) File 98-0006, Resolution No. 191-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. Passed on First Reading

[Appropriation, Police Department]
Ordinance appropriating and rescinding $4,580, Police Department, for salaries for the creation of the position of Director of Police Psychology and the deletion of the position of Lieutenant III for fiscal year 1997-98; companion measure to File 98-0286. (Controller) File 98-0285, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Salary Ordinance Amendment, Police Department]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Police Department, reflecting the creation of one new position Q90 Director of Police Psychology and the deletion of one position Q92 Lieutenant III; companion measure to File 98-0285. (Department of Human Resources) File 98-0286. Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Appropriation, Trial Courts]
Ordinance appropriating $11,390,709, Trial Courts, of Courthouse Construction Revenue Fund for professional services and debt service for fiscal year 1997-98. (Controller) File 98-0323, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Hotel Tax Exemption]
Ordinance amending Municipal Code, Part III, to raise the rent levels that qualify for exemption from the transient occupancy tax; this ordinance to expire July 1, 2000. Sponsors Supervisors Kaufman, Teng, Newsom. File 98-0110, Ordinance No. (Amends Section 506.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Management Agreement, Civic Center Plaza Garage]
Ordinance approving form of the Civic Center Plaza Garage Management Agreement and bid documents, and authorizing and urging the Director of Property to advertise an invitation for bids for management of the Civic Center Plaza Garage using the approved bid documents. (Real Estate Department) File 98-0253, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. Adopted

[Lease of Property]
Resolution authorizing a 40-year lease of Public Utilities Commission land between the City and County and Artichoke Joes, in the City of San Bruno, San Mateo County. (Public Utilities Commission) File 65-97-14, Resolution No. 190-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Window Bar Safety Funding]
Resolution urging the Building Inspection Commission to direct the Director of Building Inspection to identify sources of funds, including but not limited to the Code Enforcement Rehabilitation Fund, to be used to enable low income homeowners and tenants to install releasable window bars and doors in their homes. Sponsors Supervisors Newsom, Katz, Kaufman, Teng. File 228-97-2, Resolution No. 208-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[BART/Airport Development and Easement Agreements]
Resolution approving the Airport Project Development Agreement and Easement Agreement for West Bayshore, each of which is by and between the City and County, acting by and through its Airport Commission, and Bay Area Rapid Transit System (BART). File 98-0001, Resolution No. 183-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[BART/Airport/State Joint Use Agreement]
Resolution approving the Joint Use and Maintenance Agreement for that portion of the BART San Francisco Airport extension within the State of California Highway right of way which is by and between City and County of San Francisco, acting by and through its Airport Commission, BART, and the State of California; companion measure to File 98-0001. (Airport Commission) File 98-0246, Resolution No. 187-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[UCSF Land Donation, CEQA Findings]
Resolution adopting environmental findings (and a statement of overriding considerations) pursuant to the California Environmental Quality Act and state guidelines in connection with certain documents relating to the conveyance of land to the Regents of the University of California to be developed for university purposes; companion measure to Files 98-0183 and 98-0184. Sponsors Supervisors Yaki, Teng. File 98-0182, Resolution No. 184-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[UCSF Property Donation Conveyance]
Resolution approving and authorizing the conveyance, for no consideration, to the Regents of the University of California, of approximately 1.34 acres of present and former street areas at 16th and Sixth Streets to be developed for university purposes; adopting findings that the conveyance is consistent with the City’s General Plan and eight priority policies of Planning Code Section 101.1; and ratifying prior acts; companion measure to Files 98-0182 and 98-0184. Sponsors Supervisors Yaki, Teng. File 98-0183, Resolution No. 185-98 (Fiscal Impact.) (NOTE: Pursuant to 15 California Code of Regulations, Section 15168(e), this item is considered to be within the scope of the Long Range Development Plan approved earlier by the Regents of the University of California. It is suggested that the Program-level Final Environmental Impact Report prepared for the Long Range Development Plan adequately describes this item for purposes of the California Environmental Quality Act.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[UCSF Donation, Public Trust Agreement]
Resolution finding and determining that the conveyance to the Regents of the University of California of certain real property located near Sixth and 16th Streets is authorized by and consistent with the provisions of Chapter 1143 of the Statutes of 1991, as amended; approving an agreement; and ratifying past acts; companion to Files 98-0182 and 98-0183. Sponsors Supervisors Yaki, Teng. File 98-0184, Resolution No. 186-98 (Fiscal Impact.) (NOTE: Pursuant to 15 California Code of Regulations, Section 15168(e), this item is considered to be within the scope of the Long Range Development Plan approved earlier by the Regents of the University of California. It is suggested that the Program-level Final Environmental Impact Report prepared for the Long Range Development Plan adequately describes this item for purposes of the California Environmental Quality Act.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Public Library Fine Amnesty]
Resolution authorizing the City Librarian to amnesty library fines in a manner of her choosing for a two week period designated at her discretion. Sponsors Supervisors Kaufman, Teng, Newsom. File 98-0315, Resolution No. 195-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. RecommendationsofHousingandNeighborhoodServicesCommittee Passed on First Reading

[Casket Stores]
Ordinance amending Planning Code defining Mortuary, to include casket stores and other retail establishments that sell or offer for sale exclusively funerary goods. Sponsor Supervisor Yee. File 115-97-16, Ordinance No. (Amends Sections 227, 790.62 and 890.62.) (From Planning Department Certificate of Determination of Exemption/Exclusion from Environmental Review dated January 9, 1998. City Planning Commission Resolution No. 14357 adopted January 22, 1998, recommending the proposed amendment.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. Adopted

[Emergency Management Assistance Fund]
Resolution authorizing designated City and County officials to execute and file, on behalf of the City and County, an application for state financial assistance under the Emergency Management Assistance Program; rescinding Resolution No. 314-92. Sponsor Supervisor Medina. File 98-0270, Resolution No. 193-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. SPECIALORDER3:00P.M. Hearing Closed

[Public Hearing]
Hearing of persons interested in or objecting to vacation and sale of portion of Wawona Street between 18th and 19th Avenues, Block 2478, Lot 13J, and authorizing other official actions in connection therewith. File 98-0090 (Pursuant to Board of Supervisors Resolution No. 80-98, approved February 20, 1998.) (March 9, 1998 - Consideration continued to March 16, 1998.) The President inquired if there was anyone present who wished to speak to this item. There being no response, the President declaring the public hearing closed. FromEconomicDevelopment,TransportationandTechnologyCommittee WithoutRecommendation Adopted

[Vacation and Sale - Portion of Wawona Street]
Resolution ordering the vacation and sale of portion of Wawona Street between 18th and 19th Avenues, Block 2478, Lot 13J, and authorizing other official actions in connection therewith. (Real Estate Department) File 98-0090, Resolution No. 192-98 (March 9, 1998 - Consideration continued to March 16, 1998.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, lack of disabled accessibility to political endorsement sites; Aja Monet, quality of life issues; Frederick Hobson, support county health ombudsman program; Jesus Gumban, civil service employment court case; Male speaker, requesting sign interpreter or closed caption at Board meeting. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. ConferencewithCityAttorney FromthePresident Tabled

[Closed Session]
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 pending litigation in the case of Carpenter,et.al.vs.CityandCountyofSanFrancisco, Case No. 901836MMC in the United States District Court. The closed session will be held pursuant to Government Code 54956.9(a). Supervisor Yaki, seconded by Supervisor Teng, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. FORADOPTIONWITHOUTCOMMITTEEREFERENCE 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.

Adopted

[Commend Lee On Dong Association]
Resolution commending Lee On Dong Association for their commitment to the Chinese American community and declaring March 22, 1998 as "Lee On Dong Association Day" in San Francisco. Sponsor Supervisor Teng. File 98-0377, Resolution No. 197-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

[Commend Ong Ko Met Benevolent Association]
Resolution commending Ong Ko Met Benevolent Association for their commitment to the Chinese American community and declaring March 22, 1998 as "Ong Ko Met Benevolent Association Day" in San Francisco. Sponsor Supervisor Teng. File 98-0378, Resolution No. 198-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

[Commend Rodel Rodis]
Resolution commending Mr. Rodel Rodis for his commitments and dedications; declaring March 31, 1998 as "Rodel Rodis Day" in San Francisco. Sponsors Supervisors Teng, Bierman, Kaufman, Katz. File 98-0379, Resolution No. 199-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

In connection with the above item, Supervisors Kaufman, Katz requested to be added as co-sponsors.

[Library Foundation]
Resolution honoring the Library Foundation for its support of the San Francisco Public Library and Bay Area authors who represent our diverse communities. Sponsors Supervisors Teng, Bierman, Kaufman, Katz. File 98-0380, Resolution No. 200-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

In connection with the above item, Supervisors Kaufman, Katz requested to be added as co-sponsors.

[Commend Task Force on Non-Profit Accountability]
Resolution commending the diverse Task Force on Non-profit Accountability for their deliberate efforts in creating recommendations. Sponsor Supervisor Ammiano. File 98-0381, Resolution No. 201-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

[State Legislation, AB 1815]
Resolution supporting AB 1815 and urges the California State Assembly to pass AB 1815 to make standardized testing meaningful in measuring academic progress of all children regardless what language they speak when they start school. Sponsors Supervisors Teng, Bierman, Katz. File 98-0382, Resolution No. 202-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[State Legislation, AB 1884]
Resolution urging California State Assembly to add new section to the Family Code as proposed by Assembly Bill 1884 to ensure the full participation of minor children in court proceedings. Sponsors Supervisors Medina, Bierman, Katz. File 98-0383, Resolution No. 203-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[Federal Legislation, HR 3206]
Resolution opposing HR 3206 or any other legislation that undoes the 1968 Civil Rights Act Title VIII, the Fair Housing Act, and its 1988 amendment. Sponsors Supervisors Medina, Bierman, Katz. File 98-0384, Resolution No. 204-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[State Legislation, SB 1405]
Resolution supporting Senate Bill 1405, the Burglar Bar Safety Bill. Sponsors Supervisors Newsom, Katz. File 98-0385, Resolution No. 205-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[Street Lighting, 24th Street Corridor]
Resolution supporting the 24th Street Revitalization Committee, the San Francisco Bureau of Light, Heat and Power and the U.S. Department of Energy in their effort to improve street lighting along the 24th Street corridor. Sponsors Supervisors Medina, Katz. File 98-0389, Resolution No. 206-98 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[Needle Exchange Emergency]
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee. File 98-0397, Motion No. M98-36 (March 9, 1998 - Introduced in Board for consideration on March 16, 1998.) Adopted.

[Final Map]
Motion approving final map of 5810-5816-5818 Mission Street, a Condominium and Residential Condominium Project, being a subdivision of Lot 35 in Assessor’s Block No. 7143, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0398, Motion No. M98-37 (March 9, 1998 - Referred to Board for consideration on March 16, 1998.) Adopted.

[Final Map]
Motion approving final map of The Arundel, 1438 Green Street, a Residential Condominium Project, being a subdivision of Lot 4 in Assessor’s Block No. 547, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0400, Motion No. M98-38 (March 10, 1998 - Referred to Board for consideration on March 16, 1998.) Adopted.

The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. IMPERATIVECALENDAR 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 following two motions. Adopted

[Purely Commendatory Finding]
Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Medina, seconded

By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Brown Act Finding]
Motion that the Board finds by roll call 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 Medina, seconded

By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1.

[Imperative Resolution]
Adopted

[Commendation]
Resolution commending the joint efforts (Allan Duncan, Henry Seto, Michael Gillespie) that have resulted in the apprehension of the assailant of a hate crime against a member of San Francisco’s gay community. File 98-0426, Resolution No. 207-98 Supervisor Ammiano presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisor Newsom-1. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION

S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee

[Appropriation, Mayor’s Office]
Ordinance appropriating $20,120,317, Mayor’s Office, of Bond proceeds and interest income for the cost of implementation of Affordable Housing and Home Ownership Program for fiscal year 1997-98. RO #97221. Supervisor Brown presented. Referred to Finance Committee.

File 98-0421.

[Membership List, Retirement System]
Ordinance amending Administrative Code Section 16.6-29 to add certain organizations to the membership list of the Employees Retirement System. Supervisor Yaki presented. Referred to Finance Committee.

File 98-0422.

[Settlement of Litigation, Carpenter v. CCSF]
Ordinance authorizing settlement of litigation entitled Carpenter v. City and County of San Francisco, in accordance with the settlement agreement on file with the Clerk of the Board, including the payment of $572,815.46 in attorney’s fees and costs. Supervisor Kaufman presented. Referred to Finance Committee with request it be considered at the March 25, 1998 meeting. File 98-0423.

[Underground District No. 336]
Ordinance creating Underground District No. 336 in the Flint and 16th Street area. Supervisor Medina presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0424.

[Underground District No. 337]
Ordinance creating Underground District No. 337 in the Potomac/Waller area. Supervisor Medina presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0425. Referred to Board

[Commend Southeast Asian Community Center]
Resolution commending the Southeast Asian Community Center for its commitment, dedication and leadership in serving the Southeast Asian community. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0427.

[State Legislation, SB 1404, Firearms]
Resolution urging the City and County of San Francisco support SB 1404, requiring that any firearm possessed in a school zone be confiscated and destroyed. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0428.

[Eating Fresh Food]
Resolution urging the Department of Fish and Game to enforce the existing laws to prohibit release of non-native animals that cause environmental damage and urging the California State Fish and Game Commission not to support the proposed ban of importation of live turtles and frogs and urging the Governor of California to oppose the proposed ban. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0429. Refered to Committee

[Treasure Island Development Authority]
Resolution directing the Treasure Island Development Authority to adopt certain competitive bidding, competitive negotiation and conflict of interest rules; subjecting the appointment of certain members of the Authority to approval and confirmation by the Board of Supervisors; requiring that all contracts in excess of 10 years or one million dollars in revenue be approved by the board of Supervisors; prohibiting gambling on Treasure Island in the event the State Constitution is amended; requiring development on Treasure Island to comply with applicable City zoning and land use laws, subjecting the Authority to the City’s Sunshine Ordinance; subjecting proposed contracts by the Authority to the City’s non-discrimination and equal benefits ordinance; and acknowledging the applicability of the Tidelands Trust to former tide and submerged lands. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0430. Referred to Board

[Whistle Blower Safety Program]
Resolution urging the Community United Against Violence (CUAV) to re-implement the Whistle Blower program. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0431. Referred to Committee

[Recreation and Park Department Oversight]
Resolution recommending that the Board of Supervisors maintain ongoing oversight of the Recreation and Park Department’s progress in implementing the Department of Public Health’s recommendations for compliance with the 1992 comprehensive Lead Poisoning Prevention Ordinance. Supervisor Bierman presented. Referred to Parks and Recreation Committee.

File 98-0432.

[Advisory Dogs Off-Leash Task Force]
Resolution creating an Advisory Dogs Off-Leash Task Force to recommend an effective off-leash policy which will enable the City and County of San Francisco to increase the number of dogs off-leash areas in neighborhood parks while equitably balancing that need against the needs of other park users and park resources, to recommend alternative ways to creatively finance the costs associated with increasing the number of dogs off-leash areas in neighborhood parks and to recommend how the City can effectively and fairly enforce its laws and regulations pertaining to dogs. Supervisors Brown, Bierman presented. Referred to Parks and Recreation Committee.

File 98-0433. Referred to Board

[California Housing Rehabilitation Program-Rental]
Resolution supporting the $15 million state funding proposal for the California Housing Rehabilitation Program-Rental (CHRP-R). Supervisors Brown, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0434.

[Ombudsprogram, Health care Consumers]
Resolution supporting the concept of a City and County ombudsprogram to advocate for health care consumers. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0435.

[State Legislation, AB 1850]
Resolution supporting Assembly Bill 1850 which would reinstate driving privileges to persons participating in the CalWORKS program or who is a recipient of aid under the Temporary Assistance for Needy Families program; provide safety training; waive fee or penalty. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0443. RequestsforHearings:

[Muni Driver Safety]
Hearing to consider the personnel and safety procedures for Municipal Railway drivers involved in serious accidents. Supervisors Yaki, Ammiano presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0436.

[CalTrans Projects]
Hearing to consider CalTrans plans, timelines, and status of various projects throughout the City including the Bayshore Viaduct, Marina Boulevard Rehabilitation, Bay Bridge Western Span and Yerba Buena Island Tunnel Retrofit Projects. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0437.

[Rite Aid in North Beach]
Hearing to consider the planning process which has occurred in relation to the Rite Aide proposal to locate in North Beach at the former Pagoda Theater site and why no conditional use permit is required. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee.

File 98-0439.

[Demolition, Construction, Site Inspections]
Hearing to consider the scope of illegal demolition and construction activity without proper permits in City neighborhoods, how such activity evades Planning Commission review and enforcement of the City’s planning and building codes and the Department of Building Inspection’s current site inspection program to mitigate such activity. Supervisor Ammiano presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0438.

[Medicinal Marijuana Implementation]
Hearing to follow up on the legal aspects of the implementation of Proposition 215, Compassionate Use of Medicinal Marijuana. Supervisors Ammiano, Bierman presented. Referred to Health, Family and Environment Committee.

File 98-0440.

[TCI Service]
Hearing to consider the status of TCI’s efforts to extend service and expand band width in the City of San Francisco. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0441. Motions: Referred to Committee

[Rebuttal Argument, Proposition B]
Motion authorizing rebuttal to opponent’s ballot argument against Proposition B, charter amendment concerning increasing the salary of members of the Board of Supervisors from $23,924 per year to $37,585. Supervisor Ammiano presented. Referred to Rules Committee.

File 285-97-003.

[Rebuttal Argument, Proposition D]
Motion authorizing rebuttal to opponent’s ballot argument against Proposition D, charter amendment concerning low cost environmental loans. Supervisor Kaufman presented. Referred to Rules Committee.

File 286-97-003.

[Rebuttal Argument, Proposition C]
Motion authorizing rebuttal to opponent’s ballot argument against Proposition C, charter amendment concerning Water Department revenue fund requirements. Supervisor Kaufman presented. Referred to Rules Committee.

File 287-97-003.

[Rebuttal Argument, Proposition A]
Motion authorizing rebuttal to opponent’s ballot argument against Proposition A, bond measure concerning de Young Museum. Supervisor Yaki presented. Referred to Rules Committee.

File 98-0415.

[Rebuttal Argument, Proposition F]
Motion authorizing rebuttal to proponent’s ballot argument in favor of Proposition F, an initiative measure concerning City Hall. Supervisor Kaufman presented. Referred to Rules Committee.

File 98-0416.

[Rebuttal Argument, Proposition G]
Motion authorizing rebuttal to proponent’s ballot argument in favor of Proposition G, an initiative measure concerning Board of Supervisors’ staff. Supervisor Kaufman presented. Referred to Rules Committee.

File 98-0417.

[Rebuttal Argument, Proposition H]
Motion authorizing rebuttal to proponent’s ballot argument in favor of Proposition H, an initiative measure concerning water and sewer rate freeze. Supervisor Kaufman presented. Referred to Rules Committee.

File 98-0418.

[Board Off Site Meeting, May 26, 1998]
Motion ordering the May 26, 1998 meeting of the Board of Supervisors be held at the Southeast Community Facility, 1800 Oakdale Avenue, Community Room in the Bayview Hunters Point neighborhood of San Francisco at 5:00 p.m. Supervisors Teng, Brown, Bierman presented. Referred to Rules Committee.

File 98-0442. Referred to Board

[Winter Storms 1998 Emergency]
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the 1998 Winter Storms. Supervisors Kaufman, Ammiano, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar March 23, 1998. File 98-0444. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0405.

[Vacation and Lease - Cohen Place]
Ordinance ordering the vacation of Cohen Place off Ellis Street between Leavenworth and Hyde Streets subject to a specified reservation, authorizing the lease of such property on a year-to-year basis for annual rent of $1.00, and without competitive bidding to the 509 Cultural Center and authorizing other official actions in connection therewith; companion measure to File 98-0406. Mayor Willie L. Brown, Jr. presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0407.

[Appropriation, Airport Commission]
Ordinance appropriating $37,990,313, Airport Commission, for various capital improvement projects (related to the Master Plan and the development of Airport infrastructure), for fiscal year 1997-98. RO #97222. (Controller) Referred to Finance Committee.

File 98-0408.

[Appropriation, Port Commission]
Ordinance appropriating $1,501,492, Port Commission, of San Francisco Harbor Operating Fund balance to fund the costs of various capital improvement projects (Fisherman’s Wharf Plaza, landfill closure, wetland restoration, gas structure relocation, Pier 45 apron repair), for fiscal year 1997-98. RO #97223. (Controller) Referred to Finance Committee.

Resolutions Referred to Committee File 98-0371.

[CalWORKs Child Care Program]
Resolution authorizing the consolidation of various streams of child care funding by modification of the existing contract with the Children’s Council of San Francisco, a California corporation, to add to said contract the funds and services from these other sources. (Department of Human Services) Referred to Health, Family and Environment Committee.

File 98-0401.

[Revocable Permit, 1000 Van Ness/901 Polk Street]
Resolution granting revocable permission to DPR Construction, Inc. for nine-month extension to temporarily close and occupy the west sidewalk and a portion of the street area on Polk Street and the south sidewalk and a portion of the street area on Myrtle Street for construction operations at 1000 Van Ness Avenue/901 Polk Street (Block 715, Lots 2 and 5). (Department of Public Works) Referred to Housing and Neighborhood Services Committee.

File 98-0402.

[Contract, DPH - Regents of UCSF]
Resolution authorizing the Department of Public Health, Public Health Division, to enter into a subcontract in the amount of $140,156 with the Regents of the University of California, the primary contractor, to provide support personnel for the HIV Postexposure Prophylaxis Project (PEP); retroactive to December 1, 1997. (Department of Public Health) Referred to Health, Family and Environment Committee.

File 98-0403.

[Contract, DPH - State Dept. of Mental Health]
Resolution authorizing the Department of Public Health, Public Health Division, Community Mental Health Services, to enter into the fiscal year 1997-98 performance contract with the State Department of Mental Health, which includes indemnification clauses and does not include patent infringement indemnification and false claims clauses. (Department of Public Health) Referred to Health, Family and Environment Committee.

File 98-0406.

[Vacation and Lease - Cohen Place]
Resolution declaring intention of the Board of Supervisors to vacate Cohen Place off Ellis Street between Leavenworth and Hyde Streets subject to specified reservation, setting the hearing date for all persons interested in the proposed vacation, making findings of General Plan conformance and consistency with Planning Code Section 101.1 and authorizing other official actions in connection therewith; companion measure to File 98-0405. Mayor Willie L. Brown, Jr. presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0409.

[Property Acquisition, Golden Gate Heights District]
Resolution authorizing acquisition of real property located in the Golden Gate Heights District identified as Assessor’s Block No. 1860A Lot Nos. 20 and 21, and Assessor’s Block No. 1861A Lot No. 2 for $200,000 from Mark L. Pierce for open space purposes and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) Referred to Finance Committee.

File 98-0410.

[Lease of Property, 450 Seventh Street]
Resolution authorizing a revocable license agreement for 450 Seventh Street for the Police Department; subject to certain conditions. (Real Estate Department) Referred to Housing and Neighborhood Services Committee.

File 98-0411.

[Airport Concession Agreements, Car Rental]
Resolution approving concession agreements for rental car operations between Hertz Corporation, Avis Rent-A-Car System, Alamo Rent-A-Car, National Car Rental, Budget Rent-A-Car, Dollar Systems, Thrifty Car Rental and Enterprise Rent-A-Car; and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Referred to Finance Committee.

File 98-0412.

[Prop J Contract, Clean Water Security Services]
Resolution concurring with the Controller’s Certification that security services can be practically performed at the Southeast Community Service Facility, the Southeast Water Pollution Control Plant, the Earl P. Mills Center, and for as needed services by private contractor for lower cost than similar work services performed by City and County employees. (Public Utilities Commission) Referred to Finance Committee.

RequestsGranted
There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Teng, that letter be sent to the San Francisco Housing Authority requesting progress report by April 15, 1998, on the Board of Supervisors recommendations delineated in Resolution 15-98 urging the Housing Authority to implement the recommendations from the Vietnamese Coalition for Civil Rights, conduct training on changing demographics of clients they serve, hold joint hearing with the Human Rights Commission and report findings to the Board of Supervisors.

MotionsAdopted

Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Brian Wilmes (By the entire Board) Rotea Gilford (By the entire Board) Antonio Chong Sponsor Supervisor Kaufman. Frank Wong Sponsor Supervisor Yaki. Rev. Charlie Cook Sponsor Supervisor Brown. Unanimously adopted by a rising vote.

ADJOURNMENT
There being no further business, the Board at the hour of 3:16 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets 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 . I, John L. Taylor, 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 Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors