March 23, 1998

Agenda & Minutes Archive

JOURNALOFPROCEEDINGS
BOARDOFSUPERVISORS

Monday, March 23, 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 2:05 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10.

Quorum present.

APPROVALOFJOURNALS
There being no errors, corrections or omissions, Supervisor Medina, seconded by Supervisor Newsom, moved that the Journal of Proceedings for Tuesday, February 17, 1998, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10.

PresentationofGuests


SuspensionoftheRules
Supervisor Bierman introduced and welcomed Dr. Neil Cherry, senior lecturer, Lincoln University at Christchurch, New Zealand and an elected Regional Councillor. Dr. Cherry has been in San Francisco to present his study on the potential health effects of cellular phone antennas at a conference entitled, "Antenna-Free Zones, Protecting Your Family and Neighborhood from Cellular Phone and other Microwave Antennas." Supervisor Bierman, seconded by Supervisor Medina, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Dr. Cherry. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 10. Dr. Cherry thanked the Board of Supervisors for its hospitality and the opportunity to speak. COMMUNICATION

The Clerk presented the following COMMUNICATION

dated March 23, 1998 to the Honorable Members, Board of Supervisors, indicating his intention of leaving the position as Clerk of the Board, and asked that the Board of Supervisors consider the following motion to begin the search process for a successor. (The complete text of the letter is contained in File 98-0476.) Referred to Board

[Clerk of the Board]
Motion establishing a process to hire a Clerk of the Board of Supervisors to replace John Taylor who plans to leave the position this year. File 98-0476. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. SPECIALORDER2:00P.M. COMMITTEEREPORTS RecommendationsofRulesCommittee Adopted

[Rebuttal Argument, Proposition A]
Motion authorizing rebuttal to opponent’s ballot argument against Proposition A, bond measure concerning de Young Museum. Sponsor Supervisor Yaki. File 98-0415, Motion No. M98-42 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10.

[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. Sponsor Supervisor Ammiano. File 285-97-3, Motion No. M98-39 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted as Amended

[Rebuttal Argument, Proposition C]
Motion authorizing rebuttal to opponent’s ballot argument against Proposition C, charter amendment concerning Water Department revenue fund requirements. Sponsor Supervisor Kaufman. File 287-97-3, Motion No. 98-41 Supervisor Yaki, seconded by Supervisor Katz, moved an amendment of the whole to rebuttal argument. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10.

[Rebuttal Argument, Proposition D]
Motion authorizing rebuttal to opponent’s ballot argument against Proposition D, charter amendment concerning low cost environmental loans. Sponsor Supervisor Kaufman. File 286-97-3, Motion No. 98-40 Supervisor Yaki, seconded by Supervisor Katz, moved an amendment of the whole to rebuttal argument. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted

[Rebuttal Argument, Proposition F]
Motion authorizing rebuttal to proponent’s ballot argument in favor of Proposition F, an initiative measure concerning City Hall. Sponsor Supervisor Kaufman. File 98-0416, Motion No. 98-43 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10.

[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. Sponsor Supervisor Kaufman. File 98-0417, Motion No. M98-44 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10.

[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. Sponsor Supervisor Kaufman. File 98-0418, Motion No. M98-45 Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Noes: Supervisors Ammiano, Yee-2.

CONSENTCALENDAR
RecommendationsofFinanceCommittee
Finally Passed

[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. 119-98 Finally passed.

[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. 120-98 Finally passed.

[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. 123-98 Finally passed.

[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. 113-98 (Amends Section 506.) Finally passed.

[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. 114-98 Finally passed.

Adopted

[Airport Concession Lease]
Resolution approving the Boarding Area "F" Newsstand Lease between Del Duca Enterprises, Inc. and the City and County, acting by and through its Airport Commission. (Airport Commission) File 98-0291, Resolution No. 209-98 Adopted.

RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Passed on First Reading

[Underground District No. 339]
Ordinance creating Underground District No. 339 in the South Slope of Bernal Heights area. Sponsor Supervisor Medina. File 98-0374, Ordinance No. Passed on first reading.

[Underground District No. 338]
Ordinance creating Underground District No. 338 in the Ocean Avenue area. Sponsor Supervisor Medina. File 98-0375, Ordinance No. Passed on first reading.

[Underground District No. 340]
Ordinance creating Underground District No. 340 in the Dolores Street area. Sponsor Supervisor Medina. File 98-0376, Ordinance No. Passed on first reading. RecommendationofHealth,FamilyandEnvironmentCommittee Adopted

[Grant - Private Funds]
Resolution authorizing the Commission on the Aging to retroactively accept, and expend a private grant in the amount of $15,000 from the Koret Foundation for the implementation of a Citywide Outreach Plan to older persons including the purchase of customized outreach support materials to be used as marketing devices for the various senior centrals in the various Senior Central districts. (Commission on the Aging) File 98-0292, Resolution No. 210-98 Adopted.

RecommendationofHousingandNeighborhoodServicesCommittee Finally Passed

[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. 112-98 (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.) Finally passed.

RecommendationsofRulesCommittee Finally Passed

[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. 115-98 (Grievance No. 65-0690.) Finally passed.

[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. 116-98 (Superior Court No. 981-749.) Finally passed.

[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. 117-98 (U.S. District Court No. C93-0741.) Finally passed.

[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. 118-98 (U.S. District Court No. C96-0919.) Finally passed.

[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. 121-98 (Superior Court No. 989-835.) Finally passed.

[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. 122-98 (Superior Court No. 985-460.) Finally passed.

The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. REGULARCALENDAR NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading

[Appropriation, Department of Public Health - SFGH]
Ordinance appropriating $33,000,000, Department of Public Health, in medical revenues for San Francisco General Hospital’s participation in the SB 855 Disproportionate Share Payment Program for fiscal year 1997-98. (Controller) File 98-0320, Ordinance No. (Fiscal Impact.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10.

[Appropriation, Recreation and Park Department]
Ordinance appropriating $1,450,000, Recreation and Park Department, for capital improvement projects - renovation of various soccer fields and the development of King Pool for fiscal year 1997-98. (Controller) File 98-0321, Ordinance No. (Fiscal Impact.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Passed on First Reading

[Street Flower Market]
Ordinance amending Public Works Code to add to the Market Street Flower Market the location on the east sidewalk of Montgomery Street, at Market Street, within 50 feet south of the north property line of Post Street. Sponsor Supervisor Kaufman. File 98-0293, Ordinance No. (Amends Section 155.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. The President resumed the Chair. Adopted as Amended

[Hunters Point and Potrero Power Plants]
Resolution urging the Public Utilities Commission, acting by and through its Hetch Hetchy Water and Power Department, to investigate the feasibility of acquiring and upgrading or replacing the Hunters Point and Potrero Power Plants; and to provide the Board of Supervisors with a report on the results of the investigation. Sponsors Supervisors Bierman, Ammiano, Yaki, Katz, Medina. File 98-0387, Resolution No. 211-98 Supervisor Bierman, seconded by Supervisor Katz, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. Adopted

[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 a specified reservation, setting the hearing date of April 13, 1998 at 3:00 p.m. 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. (Mayor Willie L. Brown, Jr.) File 98-0406, Resolution No. 189-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, lack of accessibility to disabled at political meetings; Reuben Goodman, mental health programs for youth; Speakers concerning Municipal Railway crisis; Carmen Ramirez, Jim, Simone, Jessie; Norman Rolfe, Municipal Railway bus terminal relocation land lease; John Rudolph, Market Street closure to vehicles; Support resolution opposing Ward Valley radioactive waste dump; Bill Claskey, Andre Tamara, Judy Brady, Frederick, Sally Bingham, Rebecca Heller, female speaker, Kurt Bailer, Bradley Angle, Mr. Hernando, Mr. Garcia, Claire Gainsfellow, male speaker, Glen Packer, male speaker, Sarah Seeds, Dr. Robert Gould, Eric, Susan Standsberry, Dr. Nelson, male speaker, male speaker. Support ban on importation of live frogs and turtles: Nancy, Eric, Annie Lancaster, Patricia Briggs, Virginia Hanley Andrew St. Highfield. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. TemporaryCommitteeAssignment President Barbara Kaufman appointed Supervisor Sue Bierman to the Economic Development, Transportation and Technology Committee for purposes of maintaining a quorum at the March 17, 1998 meeting. 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.

SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Brown requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended

[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. Sponsors Supervisors Brown, Bierman, Katz. File 98-0443, Resolution No. 218-98 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Supervisor Brown, seconded

By Supervisor Yaki, moved an amendment of the whole entitled, "Resolution supporting Assembly Bill 1850 with amendments to allow the Department of Motor Vehicles to provide restricted driver’s license (to persons participating in the CalWORKS programs)." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted

[Commend Southeast Asian Community Center]
Resolution commending the Southeast Asian Community Center for its commitment, dedication and leadership in serving the Southeast Asian community. Sponsors Supervisors Teng, Kaufman, Katz. File 98-0427, Resolution No. 212-98 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Adopted.

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

[State Legislation, SB 1404, Firearms]
Resolution urging the City and County to support SB 1404, requiring that any firearm possessed in a school zone be confiscated and destroyed. Sponsors Supervisors Katz, Bierman. File 98-0428, Resolution No. 213-98 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Adopted.

[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. Sponsor Supervisor Teng. File 98-0429, Resolution No. 214-98 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Adopted.

[Whistle Blower Safety Program]
Resolution urging the Community United Against Violence (CUAV) to re-implement the Whistle Blower program. Sponsors Supervisors Ammiano, Bierman, Katz. File 98-0431, Resolution No. 215-98 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Adopted.

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

[California Housing Rehabilitation Program-Rental]
Resolution supporting the $15 million state funding proposal for the California Housing Rehabilitation Program-Rental (CHRP-R). Sponsors Supervisors Brown, Bierman. File 98-0434, Resolution No. 216-98 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Adopted.

[Ombudsprogram, Health care Consumers]
Resolution supporting the concept of a City and County ombudsprogram to advocate for health care consumers. Sponsor Supervisor Brown. File 98-0435, Resolution No. 217-98 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Adopted.

[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. Sponsors Supervisors Kaufman, Ammiano, Katz. File 98-0444, Resolution No. M98-46 (March 16, 1998 - Introduced in Board for consideration on March 23, 1998.) Adopted.

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

[Imperative Resolutions]
Adopted

[Commend Corpus Christi Parish]
Resolution commending Corpus Christi Parish for 100 years of service and commitment to the citizens in the Excelsior District of San Francisco. File 98-0451, Resolution No. 219-98 Supervisor Medina presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1.

[Wong Kim Ark Day]
Resolution recognizing the Centennial Anniversary of the United States v. Wong Kim Ark case for its profound impact on the U.S. Constitution; to this historic and important development in constitutional law; and proclaiming March 28, 1998 as "Wong Kim Ark Day." File 98-0452, Resolution No. 220-98 Supervisor Medina presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION

S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee

[Specialty Grocery and Retail Coffee Stores]
Substitute ordinance amending Planning Code Section 728 to prohibit specialty grocery and retail coffee stores and accessory take-out food service use associated with these stores in the 24th Street-Noe Valley Neighborhood Commercial District, adding a new table to describe this prohibition and amending Section 703.2 to cross-reference the prohibition on accessory take-out food service use; and adopting findings pursuant to Planning Code Section 101.1. Supervisor Bierman presented. Referred to Housing and Neighborhood Services Committee.

File 98-0335.

[Landmarks and Historic Districts]
Ordinance amending Planning Code Section 1010, Property Owned by Public Agencies, to exempt Golden Gate Bridge Highway and Transportation District from the requirements of Section 1010. Supervisor Kaufman presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0448.

[Historic Sign District]
Ordinance amending Planning Code by amending Sections 260(b), 262, 604, 607 and adding Sections 602.9 and 608.14 to exempt permitted historic signs from height limits, to clarify that permitted historic signs are exempt from the height limits for signs, to define an historic sign and an historic sign district, to allow text and graphic amendments to restore and improve historic signs, to permit historic signs to extend above a roof line, to establish an historic sign district and the criteria and conditions for permitting, by conditional use authorization by the Planning Commission, signs qualifying for such designation. Supervisor Kaufman presented. Referred to Housing and Neighborhood Services Committee.

File 98-0449.

[Design-Build/Finance Contracting Procedures]
Ordinance amending Administrative Code by adding Section 6.09 authorizing the directors of departments who enter into construction contracts to seek proposals from private entities for design-build construction and/or financing of public works projects where necessary or appropriate to achieve cost savings or time efficiencies, or both, provided the final agreement shall be subject to approval of the Board of Supervisors. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee.

File 98-0450. Referred to Board

[Commend Delta Sigma Theta, Inc.]
Resolution commending the San Francisco Alumnae Chapter of Delta Sigma Theta, Inc. on its 50th Anniversary working in working with and for the greater San Francisco City and County community. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0453.

[Commend Cecilia Metz]
Resolution commending Cecilia Metz for her hard work, dedication and years of service on behalf of the Golden Gate Restaurant Association and its members. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0454.

[Commend Mrs. Thelma Shelley]
Resolution commending Mrs. Thelma Shelley, departing Managing Director of the San Francisco War Memorial and Performing Arts Center, for twenty years of service to the City and County of San Francisco. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0455.

[Earth Day]
Resolution urging his Honor, Mayor Willie L. Brown, Jr. and the City and County of San Francisco to officially recognize Earth Day, April 22, 1998, by holding an official celebration of this event at the Green Room in City Hall. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0456.

[Commend Sacred Heart Cathedral Girls Team]
Resolution commending Sacred Heart Cathedral Girls Basketball Team for winning the California Division III State Championship title. Supervisors Newsom, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0457.

["Baby Brigade Day"]
Resolution welcoming back the Baby Brigade on April 22, and declaring April 22, 1998 as "Baby Brigade Day" in San Francisco. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0458.

[Pacific Bell Pioneer Week]
Resolution commending Pacific Bell volunteers for their invaluable efforts to promote volunteerism throughout the country and declaring April 19-25, 1998 as Pacific Bell Pioneer Week in San Francisco. Supervisors Yaki, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0459.

[Oppose Proposition 226]
Resolution opposing Proposition 226, an initiative regarding political contributions by employees, union members, and foreign entities. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0460.

[State Legislation, AB 1999]
Resolution urging representatives from the California State Legislature to amend California Penal Code Section 190(a) 16, to include all classes of persons and to support AB 1999 which will incorporate crimes against gender into the California Hate Crimes Act. Supervisors Newsom, Katz, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0461. Referred to Committee

[Permits for Club VSF]
Resolution supporting hearings by the California Department of Alcohol and Beverage Control and the San Francisco Police Department on permits for Club VSF. Supervisors Ammiano, Medina presented. Referred to Housing and Neighborhood Services Committee.

File 98-0462.

[Health and Environment Resource Center]
Resolution supporting the creation of a Health and Environment Resource Center in the Bayview/Hunters Point community, as proposed by the Health Commission, acknowledging the need for additional funding for the project and requesting the Department of Public Health submit a detailed outline of the scope of work and a time line. Supervisor Bierman presented. Referred to Health, Family and Environment Committee.

File 98-0463. Referred to Board

[Nuclear Waste Facility, Ward Valley]
Resolution opposing the proposed building of a nuclear waste facility in Ward Valley, California. Supervisors Newsom, Ammiano, Bierman, Yee, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0464.

[Odors in Bayview/Hunters Point Neighborhood]
Resolution urging the Public Utilities Commission to address the odor problems connected with the Southeast Wastewater Treatment Facility as soon as possible including the repair of the sewage digesters. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0465. Referred to Committee

[Naturalization Application Processing]
Resolution approving the assignment of full-time City employees on paid status for periods of six months per employee to assist the Immigration and Naturalization Service to process the current backlog of naturalization applications for a period not more than one year and authorizing the assignment of City employees on paid status to provide assistance to the Immigration and Naturalization Service at the regular Tuesday morning naturalization ceremonies. Supervisor Teng presented. Referred to Finance Committee.

File 98-0466. Referred to Board

[James Herman Landmark]
Resolution urging the Port of San Francisco to designate an appropriate landmark commemorating the life of James Herman. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0467.

[Proposition 226, Union Dues]
Resolution opposing Proposition 226 to restrict the use of union dues in political campaigns. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0495.

[Wastewater Treatment]
Resolution urging the Public Utilities Commission to prepare a comprehensive evaluation of feasible and sustainable alternatives for wastewater treatment. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0496. RequestsforHearings:

[Sexual Harassment Policy/Procedures]
Hearing to consider status report on the development and implementation of a citywide standardized policy for investigating and responding to sexual harassment complaints by employees and to hear from department heads what steps they are taking to eliminate sexual harassment in their departments. Supervisor Yee presented. Referred to Health, Family and Environment Committee.

File 98-0468.

[Mount Davidson Storm-Related Problems]
Hearing to obtain input from and consider progress made by City departments in responding to storm-related issues on Mount Davidson. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee.

File 98-0469.

[Sutro Tower Addition]
Hearing to consider the recommendations of the Structural Advisory Committee with respect to their analysis of the environmental impact report for an addition to Sutro Tower. Supervisor Bierman presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0470.

[Mental Health Services, Juvenile Justice System]
Hearing to consider the state of mental health care services for minors in the care of the juvenile justice system. Supervisor Medina presented. Referred to Health, Family and Environment Committee.

File 98-0471.

[Tobacco Advertising Outdoor]
Hearing to consider enforcement measures of the City and County and the compliance by billboard companies of the San Francisco ban on outdoor advertising for tobacco. Supervisor Newsom presented. Referred to Health, Family and Environment Committee.

File 98-0472.

[Paratransit Scrip Program]
Hearing to examine the quality of service provided to senior and disabled paratransit scrip holders and potential holders. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0473.

[Recycled Unbleached Paper Project]
Hearing to consider the feasibility of using recycled unbleached paper in all City departments. Supervisor Newsom presented. Referred to Finance Committee.

File 98-0474.

[State of the City’s Health Address]
Presentation by the Director of Public Health on the State of the City’s Health. Supervisor Kaufman presented. At the direction of the President, referred to Board May 4, 1998, special order at 3:00 p.m. File 98-0475. Motions: Referred to Board

[Sutro Tower EIR Appeal]
Motion continuing the appeal, currently scheduled for April 13, 1998, on the environmental impact report for Sutro Tower to April 20, 1998. Supervisors Bierman, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0497.

[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. Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar March 30, 1998. File 98-0498. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0482.

[Appropriation, Dept. of Parking and Traffic]
Ordinance appropriating $1,836,338, Department of Parking and Traffic, from General Fund Reserve to fund forty-eight (48) Parking Control Officers, vehicles, equipment, materials, and contractual services for fiscal year 1997-98; companion measure to File 98-0483. RO #97228. (Controller) Referred to Finance Committee.

File 98-0483.

[Salary Ord. Amendment, Dept of Parking & Traffic]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Parking and Traffic, reflecting the creation of forty-eight (48) new positions, (Class 8214 Parking Control Officer and Class 8216 Senior Parking Control Officer); companion measure to File 98-0482. (Department of Human Resources) Referred to Finance Committee.

File 98-0484.

[Appropriation, Public Defender’s Office]
Ordinance appropriating $165,700, Public Defender’s Office, from the General Fund Reserve for salaries and fringe benefits and for the creation of two (2) new positions; companion measure to File 98-0485. RO #97229. (Controller) Referred to Finance Committee.

File 98-0485.

[Salary Ord. Amendment, Public Defender’s Office]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Public Defender’s Office, reflecting the creation of two (2) new positions (Class 8174 Attorney, Civil and Criminal); companion measure to File 98-0484. (Department of Human Resources) Referred to Finance Committee.

File 98-0486.

[Appropriation, Dept of TeleCOMMUNICATION

]
Ordinance appropriating $75,000, Department of TeleCOMMUNICATION

and Information Services, of Cable TV Access Fund to cover transitional expenses of public access television from TCI to San Francisco Community Television Corporation for fiscal year 1997-98. RO #97226. (Controller) Referred to Finance Committee.

File 98-0487.

[Appropriation, Dept of Parking and Traffic]
Ordinance appropriating $323,484, Department of Parking and Traffic, from Gasoline Tax Fund to extend and expand the Red Light Photo Enforcement Project for fiscal year 1997-98. RO #97227. (Controller) Referred to Finance Committee.

File 98-0488.

[Kajima Engineering & Construction, Inc. v. CCSF]
Ordinance authorizing settlement of litigation of Kajima Engineering and Construction, Inc. against the City and County of San Francisco by payment of $250,000. (Superior Court No. 990-898). (City Attorney) Referred to Rules Committee.

File 98-0489.

[Conflict of Interest Code]
Ordinance amending Administrative Code Section 58.290 to reflect organizational changes at the Port of San Francisco. (Port) Referred to Rules Committee.

File 98-0491.

[Camp Mather Fees]
Ordinance amending the San Francisco Park Code by adding Article 11, Sections 11.01 through 11.04 approving fees for Camp Mather. (Recreation and Park Department) Referred to Finance Committee.

File 98-0494.

[Western Addition Area Redevelopment A-1 Plan]
Ordinance approving an amendment to the Redevelopment Plan for Western Addition Project Area A-1 (Kaiser Hospital/Geary Campus), reclassifying Lot 9 of Block 1098 from M-4 (Medium Density Residential) to Community Shopping. (San Francisco Redevelopment Agency). Scheduled for public hearing before Board April 20, 1998, at 3:00 p.m. Resolutions Referred to Committee File 98-0479.

[FY 98/99 Standards & Training, Local Corrections]
Resolution authorizing the Sheriff’s Department, Adult Probation Department and Juvenile Probation Department of the City and County of San Francisco to apply for, retroactively, accept and expend $329,400.00 in funds from the State of California Board of Corrections for the Standards and Training of Local Corrections and Probation Officers programs; stipulating adherence to standards for recruitment and training established by the Board of Corrections, waiving indirect costs. (Sheriff) Referred to Housing and Neighborhood Services Committee.

File 98-0480.

[State Grant, STD Training Program]
Resolution authorizing the Department of Public Health, Public Health Division, Community Health and Safety, to accept retroactively and expend grant funds of $167,680 from the California Department of Health Services to conduct a sexually transmitted disease training program and to enter into an agreement which includes indemnification and rights in data clauses and which does not include patent infringement indemnification and false claims clauses. (Department of Public Health) Referred to Health, Family and Environment Committee.

File 98-0481.

[Private Grant, Mental Health Managed Care Plan]
Resolution authorizing the Department of Public Health, Community Health Services, Mental Health Branch, to accept retroactively and expend a grant of $60,000 from the Miriam and Peter Haas Fund, for a consultant planner to assist in developing policy and programs for the mental health managed care plan; waiving indirect costs. (Department of Public Health) Referred to Health, Family and Environment Committee.

File 98-0490.

[Gift Acceptance, DPH-Laguna Honda Hospital]
Resolution authorizing the Department of Public Health, Laguna Honda Hospital, to accept and expend a gift of shares of stocks in the value currently estimated to be $178,000 bequeathed to Laguna Honda Hospital from the Barbara Wylie Trust, to be expended for "the general benefit and comfort" of residents. (Department of Public Health) Referred to Rules Committee.

File 98-0492.

[Contract, CCSF - Paralign Revenue Management, Inc.]
Resolution authorizing the Director of Public Health and the Purchaser to execute a contract between the City and County of San Francisco and Paralign Revenue Management, Inc. to provide uncompensated care recovery services. (Department of Public Health) Referred to Health, Family and Environment Committee.

File 98-0493.

[Hold Harmless Agreement]
Resolution authorizing the Port of San Francisco to hold the State of California harmless from all claims arising from a lease agreement between the State Lands Commission and the San Francisco Port Commission for maintenance dredging. (Port) Referred to Economic Development, Transportation and Technology Committee.

RequestsGranted
There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Yee, that City Attorney prepare ordinance amending Elections Code Section 830 to change the ballot argument filing fee from $200 plus $3.00 per word to $200 plus $2.00 per word and amending Section 840 so that each signature submitted in lieu of a ballot argument fee reduces the amount of the fee by $.50. By Supervisor Yee, that letter of inquiry be sent to each Department Head requesting that they respond to the Board of Supervisors whether they have appropriately reported their sexual harassment complaints to the City’s Equal Opportunity Office. By Supervisor Ammiano, that City Attorney draft appropriate legislation to extend interim controls on teleCOMMUNICATION

s antenna placement, pending review of current land use siting guidelines by the Planning Commission and the adoption of such guidelines by the TeleCOMMUNICATION

s Commission as part of the City’s TeleCOMMUNICATION

s Master Plan. By Supervisor Ammiano, that letter be sent to Director of Public Health and Director of Planning regarding current and proposed plans for monitoring radio frequency radiation from teleCOMMUNICATION

s antenna. By Supervisor Ammiano, that letter be sent to State Assembly indicating support of Assemblywoman Migden in her attempts to include hate crimes enhancements to Assembly Bill 1999, which would invoke life imprisonment without parole. By Supervisor Ammiano, that letter of inquiry be sent to the City’s Grand Jury to examine how the City deals with sexual harassment in the workplace and to make recommendations to put into place a system that protects City workers and punishes wrongdoers. By Supervisor Ammiano, that letter be sent to Executive Director, Parking and Traffic, requesting a summary of planned vehicle purchases for parking control and meter maintenance purposes and whether zero or ultra-low emission vehicles exist for such applications. By Supervisor Katz, that letter of inquiry be sent to Chief of Police regarding recent crackdown on massage parlors, particularly Asian staffed parlors, to determine why it has become a priority for the vice team and that a list of complaints justifying such action be included in the response. By Supervisor Newsom, that City Attorney research and, if appropriate, draft an ordinance mandating Recreation and Park Department conduct periodic public surveying on park and recreation facility satisfaction and needs every five years to be published and used to form the basis for park planning, with appropriate legislation to ensure appropriate funding as required. By Supervisor Newsom, that City Attorney research and, if appropriate, draft ordinance mandating Recreation and Park Department have a byline in the City Budget for each park under its jurisdiction. By Supervisor Teng, that letter be sent to City Administrator requesting feasibility study on the use of electric cars for City departments to include but not limited to Department of Public Health, Department of Public Works, Airport and City departments which routinely use City fleet for short-distance trips.

MotionsAdopted

Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: James R. Herman (By the entire Board) Albert S. Samuels, Jr. Sponsor Supervisor Kaufman. Unanimously adopted by a rising vote.

ADJOURNMENT
There being no further business, the Board at the hour of 4:45 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