May 04, 1998

Agenda & Minutes Archive

JOURNALOFPROCEEDINGS
BOARDOFSUPERVISORS

Monday, May 4, 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, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Quorum present.

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

By Supervisor Yaki, moved that the Journal of Proceedings for Monday, March 23, 1998, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.



CONSENTCALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item. RecommendationsofFinanceCommittee
Finally Passed

[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. (Controller) File 98-0486, Ordinance No. 162-98 Finally passed.

[Appropriation, San Francisco General Hospital]
Ordinance appropriating $30,000,000 to allow San Francisco General Hospital to participate in the SB 1255 Disproportionate Share Payment and Medi-Cal Graduate Medical Education Programs through the California Medical Assistance Commission during fiscal 1997-98, funded from miscellaneous Health Department revenues. (Mayor Willie L. Brown, Jr.; Supervisors Teng, Kaufman, Newsom, Bierman) File 98-0569, Ordinance No. 164-98 Finally passed.

RecommendationsofHousingandNeighborhoodServicesCommittee Finally Passed

[Sidewalk Tables and Chairs Permit Enforcement]
Ordinance amending Public Works Code to authorize the Director of the Department of Public Health to assist the Director of Public Works in making determinations regarding compliance with the requirements governing the placement of tables and chairs in public rights-of-way. Sponsor Supervisor Newsom. File 123-97-7, Ordinance No. 160-98 (Adds Section 176.6A.) Finally passed.

[Vehicle Weight Restriction]
Ordinance amending the Traffic Code, adding to the list of streets upon which a commercial vehicle weight restriction shall apply. (Department of Parking and Traffic) File 98-0505, Ordinance No. 163-98 (Adds Section 28.5.51.) (26th Street, between Church and Sanchez Streets.) Finally passed.

RecommendationsofHealth,Family&EnvironmentCommittee Adopted

[Private Grant - Schools Paper Recycling Program]
Resolution authorizing the City Administrator to accept and expend $120,000 from the Richard and Rhoda Goldman Fund. (City Administrator/Solid Waste Management Program) File 98-0547, Resolution No. 344-98 Adopted.

[Agreement, DPH - State Dept of Mental Health]
Resolution authorizing the Director of Public Health to retroactively enter into an agreement with the State Department of Mental Health to operate a Managed Mental Health Care Plan for Medi-Cal eligible residents in San Francisco; approving inclusion of indemnification clause in agreement. (Department of Public Health) File 98-0548, Resolution No. 345-98 Adopted.

RecommendationsofRulesCommittee Passed on First Reading

[Sandler v. CCSF]
Ordinance approving settlement agreement in Sandler v. City and County. (City Attorney) File 98-0588, Ordinance No. (U.S.D.C. Northern California No. C94-1334 SI.) Passed on first reading.

[Robert Rene Mitchell v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Robert Rene Mitchell against the City and County, by payment of $80,000. (City Attorney) File 98-0617, Ordinance No. (Superior Court No. 979-034.) Passed on first reading.

[State Farm/Yaser v. CCSF, et al.]
Ordinance authorizing settlement of litigation of State Farm Fire and Casualty Company, Sami Yaser, George Yaser and dba Fell Quality Market, against City and County by payment of $135,000. (City Attorney) File 98-0618, Ordinance No. (Superior Court Case No. 980-058, consolidated under Superior Court Case No. 977-008.) Passed on first reading. Adopted

[Appointment]
Resolution appointing member to the Lead Hazard Reduction Citizens Advisory Committee, term expired, for new four-year term ending December 22, 2001. (Rules Committee) File 98-0684, Resolution No. 356-98 (Curt Cournale, succeeding Bartholomew Murphy, Seat No. 26710, must be residential owner.) Adopted.

[Appointment]
Resolution appointing member to the Adult Day Health Care Planning Council, for a new three-year term ending September 30, 2000. (Rules Committee) File 92-97-41, Resolution No. 338-98 (Cheryl Damico, succeeding Michael Kwok, Seat No. 20016, must be a functionally impaired adult, term expired.) Adopted.

The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

REGULARCALENDAR UNFINISHEDBUSINESS RecommendationofFinanceCommittee Finally Passed

[Design-Build/Finance Contracting Procedures]
Ordinance amending Administrative Code 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.; Supervisors Kaufman, Teng, Newsom) File 98-0450, Ordinance No. 161-98 (Adds Section 6.09.) Finally passed by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki-9. Noes: Supervisors Ammiano, Yee-2. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted as Amended

[Liquor License, 621 Divisadero]
Resolution determining that the issuance of a Type 20 off-sale beer and wine alcoholic beverage control license to Randa and Talal Naser and Raed and Rajalie Salman for "Health Haven", located at 621 Divisadero, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. (Housing and Neighborhood Services Committee) File 98-0368, Resolution No. 340-98 (Conditions: (1) Not more than 5 percent of the square footage of the premises will be used for the sale of alcoholic beverage. (2) No wine shall be sold with an alcoholic content greater than 15 percent by volume. (3)Winesandbeersoldunderthis licenseshallbeorganicwinesandbeers.) (April 27, 1998 - Consideration continued as amended to May 4, 1998.) Supervisor Newsom, seconded by Supervisor Brown, moved to amend line 3 by adding the following condition: "(3) Wines and beer sold under this license shall be organic wines and beers." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Adopted

[Liquor License Transfer, 1306 Fulton Street]
Resolution determining that the transfer of a Type 20 off-sale beer and wine alcoholic beverage control license from 5260 Diamond Heights to 1306 Fulton Street, to Musa and Khaled Dajani for "Abir’s Natural Foods", will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. (Housing and Neighborhood Services Committee) File 98-0419, Resolution No. 341-98 (Conditions: (1) Not more than 8 percent of the square footage of the premises will be used for the sale of alcoholic beverage. (2) No wine shall be sold with an alcoholic content greater than 15 percent by volume.) (April 27, 1998 - Consideration continued to May 4, 1998.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

CalledfromFinanceCommitteebySupervisorBierman Passed for Second Reading as Amended

[Displaced Worker Protection Act]
((Ordinance amending Police Code to provide for the retention of security, janitorial and building maintenance workers when a successor contract is awarded.)) Sponsor Supervisor Bierman. OrdinanceamendingPoliceCodetoprovidefortheretentionof securityandjanitorialorbuildingmaintenanceworkerswhena successorcontractisawarded. File 121-97-010, Ordinance No. (Adds Article 33C, Sections 3300C.1 through 3300C.6.) (April 27, 1998 - Consideration continued as amended to May 4, 1998.) Supervisor Bierman, seconded by Supervisor Ammiano, moved to amend title, line four by changing "security, janitorial, and" to read "security and janitorial or"; amend page one, lines 24 and 25 by deleting "under service contracts with the awarding authority". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Supervisor Katz, seconded by Supervisor Brown, moved to amend page two, between lines 11 and 12, by inserting a new "e" to read: "(e) "Public sector contractor" means any person or persons, firm, partnership, corporation, or combination thereof, who enters into a contract with officers or employees empowered by law to enter into contracts for the City and County of San Francisco for the services governed by this Article." and renumber remaining items starting with "e" to "f", "g" and "h"; amend page three, line 22 by replacing "the" with "a" and inserting "public sector" before "contractor"; amend page three, lines 23 and 24 by inserting "public sector" before "contractor"; amend page four, line 11 by replacing "the" with "a" and inserting "public sector" before "contractor"; amend page four, line 14 by inserting "public sector" before "contractor"; page four, line 15 by inserting "public sector" before "successor". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng, Yaki-8. Noes: Supervisors Kaufman, Newsom, Yee-3. The roll was then called on the proposed ordinance and it was passed on first reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng, Yaki-8. Noes: Supervisors Kaufman, Newsom, Yee-3. NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading

[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. Sponsor Supervisor Brown. File 98-0421, Ordinance No. (Fiscal Impact.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

(Supervisor Newsom excused from voting in Committee.

)

[Environmental Review Fees]
Ordinance amending Administrative Code, to modify and eliminate certain Planning Department fees, and deleting Section 31.46(g), the sunset clause. (Planning Department) File 98-0546, Ordinance No. (Fiscal Impact.) (Repeals existing Section 31.46, converting Section 31.46A, to a new Section 31.46; Amends Section 31.46 and deletes Section 31.46(g).) (Planning Commission Resolution No. 14605 adopted March 26, 1998, approving amendments.) SupervisorNewsomExcusedfromVoting Supervisor Newsom requested to be excused from voting because of possible conflict of interest. Supervisor Yaki, seconded by Supervisor Katz, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

The roll was then called on the pending ordinance and it was passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Teng, Yaki, Yee-10. Excused: Supervisor Newsom-1. (Supervisor Newsom excused from voting in Committee.

)

[Planning Department Fees]
Ordinance amending Planning Code to modify and eliminate certain Planning Department fees, and deleting Section 358, the Sunset Clause. (Planning Department) File 98-0513, Ordinance No. (Fiscal Impact.) (Repeals existing Article 3.5, converting Article 3.5A to a new Article 3.5; Amends Sections 350 through 357 and deletes Section 358.) (Planning Commission Resolution No. 14605, adopted March 26, 1998, approving amendments.) SupervisorNewsomExcusedfromVoting Supervisor Newsom requested to be excused from voting because of possible conflict of interest. Supervisor Yaki, seconded by Supervisor Katz, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Teng, Yaki, Yee-10. Excused: Supervisor Newsom-1.

[MOU-Fire Fighters Local 798/Bargaining Unit 1]
Ordinance amending Ordinance No. 381-95 to implement the previous Amendment Number 3 to the Memorandum of Understanding between the Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 1 and the City and County to be effective July 1, 1997 through June 30, 1999. (Department of Human Resources) File 98-0558, Ordinance No. (Fiscal Impact.) Passed on first by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[MOU, Fire Fighters Local 798/Bargaining Unit 2]
Ordinance amending Ordinance No. 382-95 to implement the provisions of Amendment Number 3 to the Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 2 and the City and County to be effective July 1, 1997 through June 30, 1999. (Department of Human Resources) File 98-0559, Ordinance No. (Fiscal Impact.) Passed on first by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[Street Cleaning Parking Violation Penalty Fee]
Ordinance amending Traffic Code to increase the penalty for street cleaning parking violation (to $30). (Mayor Willie L. Brown, Jr.) File 98-0596, Ordinance No. (Fiscal Impact.) (Amends Section 37(c).) Passed on first by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Adopted

[Joint Fundraising Drive Participants]
Resolution designating those agencies qualified to participate in the 1998 Annual Joint Fundraising Drive for officers and employees of the City and County. (Finance Committee) File 98-0220, Resolution No. 339-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[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 of 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. Sponsors Supervisors Teng, Kaufman, Newsom, Bierman, Brown, Katz, Leno, Medina, Yaki, Ammiano. File 98-0466, Resolution No. 343-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. RecommendationsofHealth,Family&EnvironmentCommittee Passed on First Reading

[Task Force]
Ordinance amending Administrative Code to establish and delegate to the Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth Task Force the ability to investigate City departments’ implementation of the 1996 San Francisco Human Rights Commission’s recommendations regarding the needs of lesbian, gay, bisexual, transgender, queer and questioning youth, and to provide that the task force shall cease to exist on June 30, 1999. Sponsors Supervisors Ammiano, Katz, Bierman, Medina, Newsom, Yaki, Yee. File 98-0225, Ordinance No. (Adds Sections 30.01 - 30.03.) Passed on first by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Adopted

[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. Sponsors Supervisors Bierman, Ammiano, Brown, Katz, Teng, Medina, Newsom. File 98-0463, Resolution No. 342-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

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

[State Grant - Home Visiting Services]
Resolution authorizing the Director of Public Health, Division of Community Health Services, to accept retroactively and expend grant funds of $954,000 from the California Department of Social Services to provide home visiting services and to enter into an agreement which includes indemnification clause and which does not include patent infringement indemnification and false claim clauses; waiving indirect costs. (Department of Public Health) File 98-0549, Resolution No. 346-98 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

SPECIALORDER3:00P.M. Report Received

[State of the City’s Health Address]
Presentation by the Director of Public Health on the State of the City’s Health. Sponsor Supervisor Kaufman. File 98-0475 Dr. Mitchell H. Katz appeared and presented the 1998 State of the City Public Health Address. He indicated it is the mission of the San Francisco Department of Public Health to set health policies, enforce regulations and ensure provision of basic health services which promote the best possible state of physical and mental health to all San Franciscans. A copy of his complete address is on file with the Clerk of the Board of Supervisors in File 98-0475. ROLLCALLFORINTRODUCTIONS Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Emperor Arcadia, environment; Male speaker, job discrimination. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. ConferencewithCityAttorney AnticipatedLitigation AsDefendant Tabled Motion that the Board convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation (City anticipated to be a defendant) related to the City’s consideration of an extension of the MBE/WBE/LBE Ordinance III any additional amendments to this Ordinance, and the consideration of MBE/WBE/LBE Ordinance IV. This closed session would be permitted by Government Code Section 54956.9(b). Supervisor Yaki, seconded by Supervisor Leno, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

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

[Job Creation Investment Fund Grant]
Resolution authorizing the Mayor’s Office of Economic Development to represent the City and County to apply for retroactivetoApril30, 1998, accept and expend a grant from the California Trade and Commerce Agency’s Job Creation Investment Fund program. Sponsors Supervisors Yaki, Bierman, Leno, Katz. File 98-0676, Resolution No. 310-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Supervisor Yaki, seconded by Supervisor Ammiano, moved an amendment of the whole entitled, "Resolution authorizing the Mayor’s Office of Economic Development to represent the City and County to apply for retroactive to April 30, 1998, accept and expend a grant from the California Trade and Commerce Agency’s Job Creation Investment Fund program." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

In connection with the above item, Supervisors Leno, Katz requested to be added as co-sponsors. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted

[Commend National Women’s Political Caucus]
Resolution commending the California Chapter of the National Women’s Political Caucus on its 25th Anniversary. Sponsors Supervisors Kaufman, Bierman, Leno, Medina, Newsom, Teng, Brown, Katz. File 98-0667, Resolution No. 347-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

In connection with the above item, Supervisors Leno, Medina, Newsom, Teng, Brown, Katz requested to be added as co-sponsors.

[Commend Bar Harbor, Maine]
Resolution commending Bar Harbor, Maine, for banning discrimination based on sexual orientation in housing, employment, or credit and urging other communities in the state to follow suit. Sponsors Supervisors Leno, Katz, Ammiano, Kaufman, Bierman, Medina, Newsom, Teng, Brown. File 98-0668, Resolution No. 348-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

In connection with the above item, Supervisors Medina, Newsom, Teng, Brown requested to be added as co-sponsors.

[Commend Roberto Talavera]
Resolution commending Mr. Roberto Talavera for 27 years of service to the Board of Directors at the Mission Housing Development Corporation. Sponsors Supervisors Medina, Bierman, Leno, Newsom, Teng, Brown, Katz. File 98-0669, Resolution No. 349-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

In connection with the above item, Supervisors Leno, Newsom, Teng, Brown, Katz requested to be added as co-sponsors.

[Commend Asian Pacific American Heritage Month]
Resolution commending "Asian Pacific American Heritage Month," declaring May 1998 as "Asian Pacific American Heritage Month" in the City and County of San Francisco, and welcoming the art exhibition of calligraphy master Jue Wan Chin to City Hall. Sponsors Supervisors Teng, Kaufman, Bierman, Leno, Medina, Newsom, Brown, Katz. File 98-0670, Resolution No. 350-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

In connection with the above item, Supervisors Leno, Medina, Newsom, Brown, Katz requested to be added as co-sponsors.

[Commend Ontario Court of Appeal]
Resolution commending Canadian Court that ruled that spouses can be of the same sex. Sponsors Supervisors Ammiano, Bierman, Leno, Medina, Katz. File 98-0671, Resolution No. 351-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

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

[State Legislation, AB 1663]
Resolution urging the California State Legislature and Governor Pete Wilson to approve Assembly Bill 1663 concerning HIV test results. Sponsors Supervisors Leno, Bierman, Medina, Brown, Katz. File 98-0672, Resolution No. 352-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

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

[Federal Legislation, S 600]
Resolution urging the United States Congress to enact into law Senate bill 600 - The Personal Information Privacy Act of 1997, which limits the accessibility and unauthorized commercial use - specifically on the Internet - of Social Security numbers, unlisted telephone numbers, and certain other types of sensitive personal information. Sponsors Supervisors Medina, Leno, Brown, Katz. File 98-0673, Resolution No. 353-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

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

[State Legislation, AB 2806]
Resolution urging that the City and County support AB 2806, establishing as State policy that each court shall endeavor to provide a children’s waiting room in each courthouse for children whose parents or guardians are attending a court hearing. Sponsors Supervisors Katz, Bierman, Leno, Medina, Brown. File 98-0674, Resolution No. 354-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

In connection with the above item, Supervisors Leno, Medina, Brown requested to be added as co-sponsors.

[Disaster Relief Funding]
Resolution authorizing designated City and County officials to execute and file, on behalf of the City and County, an application for federal and/or state financial assistance under the Robert T. Stafford Federal Disaster Relief and Emergency Assistance Act and the State Natural Disaster Assistance Act for funds as a result of the 1998 winter storms. Sponsors Supervisors Medina, Bierman, Leno, Katz. File 98-0675, Resolution No. 355-98 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

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

[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, Bierman, Medina, Leno, Newsom. File 98-0682, Motion No. M98-62 (April 27, 1998 - Introduced in Board for consideration on May 4, 1998.) Adopted.

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

[Final Map]
Motion approving final map of 1625 Pacific Avenue, a Residential Condominium Project, being a subdivision of Lot 14 in Assessor’s Block No. 595, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0658, Motion No. M98-61 (April 27, 1998 - Referred to Board for consideration on May 4, 1998.) Adopted.

The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION

S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee

[MBE/WBE/LBE Utilization Ordinance III]
Ordinance amending Administrative Code by adding Section 12D.2-5 and by amending Sections 12D.9(A), 12D.10(A), 12D.11(A), 12D.11(A)-(1) and 12D.15(G) to set forth findings supporting a two-month extension of the MBE/WBE/LBE Ordinance - III and providing for the two-month extension. Supervisor Brown presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0701.

[Moderate-Scale Neighborhood Commercial District]
Ordinance amending Planning Code by adding a special provision to Section 712.38 and amending the associated chart set forth in Section 712 to authorize the change in occupancy of a vacant residential use to an other institution, large, use operated by a non-profit corporation on the third floor and above of buildings in the moderate-scale neighborhood commercial district as a conditional use under certain specified circumstances; adopting findings pursuant to Section 101.1. Supervisors Katz, Leno, Ammiano, Bierman presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0702.

[Supervisors Ballot Arguments]
Ordinance amending Elections Code to add Section 586 to provide that when an argument is submitted by the Board of Supervisors for publication in the voter information pamphlet, the Clerk of the Board of Supervisors shall forward to the Director of Elections a list of the supervisors who voted for submission of the argument and a list of the supervisors who voted against submission of the argument, and the Director of Elections shall include a statement disclosing the name of each supervisor who voted for and against submission of the argument immediately following the argument in the pamphlet. Supervisor Kaufman presented. Referred to Rules Committee.

File 98-0703.

[Bank Accounts]
Ordinance amending Administrative Code Section 10.81-1 to prohibit City Departments from opening bank accounts for City money without written permission of the Treasurer. Supervisor Kaufman presented. Referred to Finance Committee.

File 98-0732. Referred to Board

[Commend Precita Eyes Mural Center]
Resolution recognizing Precita Eyes Mural Arts Center and their selected award recipients for the Eighth Annual Mural Awareness Festival. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0704.

[Commend Midas International]
Resolution commending Midas International for increasing the availability of low-cost safety seats by selling child car seats at cost and repurchasing these seats for full credit towards car work as part of its Project Safe Baby. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0705.

[Proclaim American Red Cross Day]
Resolution declaring May 8, 1998 as American Red Cross Day. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0706.

[Commend LIFE Lobby]
Resolution commending the Lobby for Individual Freedom and Equality (LIFE Lobby) for their statewide efforts advocating for gay rights and AIDS/HIV issues. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0707.

[Commend Hattie P. Torrence]
Resolution commending Hattie P. Torrence as she retires after thirty-seven years as an outstanding educator. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0708.

[Commend Wilma Mankiller]
Resolution commending Wilma Mankiller for her superior contributions to the Cherokee Nation and the United States. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0709.

[State Legislation, SB 1659]
Resolution urging the California State Legislature and Governor Pete Wilson to approve Senate Bill 1659 regarding animal euthanasia. Supervisors Leno, Ammiano, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0710.

[State Legislation, SB 1941]
Resolution urging the California State Legislature and Governor Pete Wilson to approve Senate Bill 1941 regarding greenhouse gas emissions. Supervisors Leno, Ammiano, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0711.

[State Legislation, AB 2156]
Resolution supporting California Assembly Bill 2156 which would extend the filing period from 30 days to one year from the date of discharge from employment and urging that San Francisco’s State elected officials and lobbyists support and lobby on behalf of this legislation. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0712.

[State Legislation, AB 2260]
Resolution supporting AB 2260 which would require the State Department of Health Services, through the childhood lead poisoning prevention program, to establish fifteen pilot projects to perform outreach and treatment for childhood lead poisoning in counties throughout the State identified as having the highest risk of lead poisoning. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0713.

[State Legislation, SB 2]
Resolution urging that the City and County of San Francisco support SB 2, enacting the Watershed, Wildlife, and Parks Improvement Bond Act of 1998. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0714.

[State Legislation, AB 2145]
Resolution urging that the City and County of San Francisco support AB 2145 which would require the State Board of Education to provide recommendations for legislative action to enact new policy for the adoption of electronic learning resources for use in California’s public education system. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0715.

[State legislation, AB 2177]
Resolution supporting AB 2177 which would facilitate the enforcement of domestic violence protective orders issued by a State or jurisdiction other than California and bring California into full compliance with the Federal Violence Against Women Act. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0716.

[State Legislation, SB 1922]
Resolution opposing the passage of Senate Bill 1922 which would exclude certain municipal elected officials from consideration for appointment to the San Francisco Bay Conservation and Development Commission. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0717.

[Appointment]
Resolution supporting and recommending the appointment of Chancellor Chang Ling Tien as the next United States Secretary of Energy. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0718.

[Needle Swap Program Funding]
Resolution urging President Clinton and the House of Representatives to reconsider the Needle Swap Program funding. Supervisors Ammiano, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0719. Referred to Committee

[Interim Zoning Control]
Resolution extending Interim Zoning Controls for an additional six (6) month period to prohibit temporarily the introduction of new establishments or expansion of existing establishments selling alcoholic beverages in the Haight Street neighborhood Commercial District, as defined in Planning Code Section 719.1 or within one quarter (1/4) mile of any boundary of this district and making a findings of consistency with the priority policies of Planning Code Section 101.1. Supervisor Bierman presented. Referred to Housing and Neighborhood Services Committee.

File 98-0720.

[Vehicularly Housed Residential Community]
Resolution supporting the concept of a vehicularly housed residential community in a designated site that provides basic amenities so as to facilitate stability and community for people who reside in their vehicles. Supervisors Bierman, Ammiano presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0721.

[Estate of Zygmunt Arendt]
Resolution authorizing the Public Administrator to act as the personal representative of the Mayor and Board of Supervisors for the purpose of probating the estate of Zygmunt Arendt and authorizing the Public Administrator to seek approval from the Probate Court for the appointment of the General Manager of the Department of Human Services to manage distribution of the estate under the oversight of the Mayor and Board of Supervisors. Supervisor Kaufman presented. Referred to Finance Committee with request it be considered at the May 13, 1998 meeting. File 98-0722.

[Episcopal Homes Foundation Certificates]
Resolution authorizing the execution and delivery of certificates of participation by the ABAG Finance Authority for nonprofit corporations in an aggregate principal amount not to exceed $130,000,000 for Episcopal Homes Foundation (or a related entity). Supervisor Kaufman presented. Referred to Finance Committee.

File 98-0723.

[Scott Street Housing complex, Inc. Certificates]
Resolution authorizing the execution and delivery of certificates of participation by the ABAG Finance Authority for nonprofit corporations in an aggregate principal amount not to exceed $40,000,000 for Scott Street Housing Complex, Inc. (or a related entity). Supervisor Kaufman presented. Referred to Finance Committee.

File 98-0724.

[Child Care Workers Living Wages]
Resolution protecting the integrity of child care workers by providing a living wage that would slow turnover and address the shortage of qualified workers. Supervisor Ammiano presented. Referred to Finance Committee.

File 98-0725. RequestsforHearings:

[Appropriation, Shanti Project]
Hearing to consider the need for a supplemental appropriation for the Shanti Project. Supervisor Ammiano presented. Referred to Finance Committee.

File 98-0726.

[MUNI-Metro Tunnel Safety]
Hearing to consider safety in the MUNI-Metro tunnels. Supervisor Ammiano presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0727.

[Pension Fund Investments]
Hearing to consider how City pension funds are invested in venture capital funds. Supervisor Katz presented. Referred to Finance Committee.

File 98-0729. Motions: Referred to Board

[Suspend Thirty Day Rule]
Motion suspending Rule 5.40 of the Rules of Order of the Board of Supervisors to allow the Board of Supervisors to consider, without waiting 30 days after its introduction, resolution accepting gift of real property (2340-2366 Leavenworth Street) and of funds in the amount of $100,000 from the estate of Mary Fay Berrigan, placing the property under the jurisdiction of the Recreation and park Department, dedicating the property as a park to be called Fay Park and instructing City Departments to take any steps necessary to effectuate this resolution; companion measure to File 98-0689. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar May 11, 1998. File 98-0730.

[Needle Exchange Emergency]
Motion concurring in the determination of the Mayor 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 May 11, 1998. File 98-0731. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0141.

[Annual Salary Ordinance, Dept. of Public Health]
Substitute ordinance amending Annual Salary Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Public Health, Community Health service, reflecting the creation of 2.1 new positions; companion measure to File 98-0140. (Department of Human Resources). Referred to Finance Committee.

File 98-0521.

[Bond Pass Through]
Substitute ordinance amending Administrative Code Sections 37.2, 37.3 and 37.8 to permit landlords to pass through to tenants any increase in the property tax rate imposed as a result of a ballot measure approved by the voters between November, 1996 and November, 1998. ( Mayor Willie L. Brown, Supervisors Yaki, Teng, Bierman, Brown, Yee, Kaufman) Referred to Finance Committee.

File 98-0686.

[Appropriation, Public Utilities Commission]
Ordinance appropriating $630,779, Public Utilities Commission-Water Department, of San Francisco Water Department Operating Fund Balance, to fund with associated costs the implementation of safe drinking water and seismic reliability capital improvement programs (Propositions A and B) and creation of sixteen (16) positions for fiscal year 1997-98; companion measure to File 98-0687. (Controller) Referred to Finance Committee.

File 98-0687.

[Salary Ordinance Amendment, PUC-Water Department]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Public Utilities Commission-Water Department, reflecting the creation of sixteen (16) new positions; companion measure to File 98-0686. (Department of Human Resources) Referred to Finance Committee.

Resolutions Referred to Committee File 98-0685.

[Quitclaim Deed]
Resolution authorizing and directing execution of quitclaim deed from the City and County of San Francisco to the San Francisco Unified School District, a political subdivision of the State of California, for Assessor’s Block 6221, Lots 1 and 2, (500 Raymond Avenue), and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) File 98-0688.

[State Grant - Project Read]
Resolution authorizing the City Librarian to accept and expend funds of $41,000 for Literacy Coordination and Outreach that include indirect costs of five percent (5%) from the California State Library. (Public Library) Referred to Housing and Neighborhood Services Committee.

File 98-0689.

[Acceptance of Gift of Real Property and Cash]
Resolution accepting a gift of real property (Lots 14 and 14a, Assessor’s Block 67, commonly known as 2340-2366 Leavenworth Street) and of funds in the amount of $100,000 from the estate of Mary Fay Berrigan, placing the property under the jurisdiction of the Recreation and Park Department, dedicating the property as a park to be called Fay Park, and instructing City Departments to take any steps necessary to effectuate this resolution. (City Attorney) Referred to Parks and Recreation Committee.

File 98-0690.

[Equipment Lease Financing, 911 Center]
Resolution approving the issuance of Lease Revenue Bonds (aggregate amount not to exceed $60,000,000) of the City and County of San Francisco Finance Corporation; approving the form and authorizing the execution and delivery of an equipment lease between the City and County of San Francisco Finance Corporation (the "Corporation"), as lessor, and the City and County of San Francisco (the "City"), as lessee, relating to the equipment (including certain indemnification provisions therein); approving the form and authorizing the execution and delivery of an Indenture of Trust among the corporation, the City and the trustee; approving the form and authorizing the execution and delivery of a Continuing Disclosure Certificate relating to said Bonds; approving the circulation of an official statement relating to said Bonds; authorizing the payment of certain costs of issuance from the proceeds of such Bonds; ratifying previous actions taken in connection with the foregoing matters; adopting findings under the California Environmental Quality Act and findings pursuant to City Planning Code Section 101.1; and authorizing the taking of appropriate actions in connection therewith. (Mayor’s Office of Finance and Legislative Affairs) Referred to Finance Committee.

File 98-0691.

[Construction Contract Expenditure Increase]
Resolution approving expenditure of funds in excess of ten percent (10%) of the original contract amount ($2,302,364), for San Francisco Water Department Contract WD-2064R. (Public Utilities Commission) Referred to Health, Family and Environment Committee.

RequestsGranted
There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Newsom, that letter of inquiry be sent to Director, Department of Parking and Traffic concerning single space pay and display parking meters to determine the feasibility, status and future plans for implementing such a system. By Supervisor Ammiano, that letters be sent to University of San Francisco and New College commending them for their efforts to grant admissions and tuition assistance to family members of slain San Francisco Police Officers. By Supervisor Katz, that letter of inquiry be sent to Director, Department of Public Health, concerning developing a program to work with and assist schools and the Unified School District to increase awareness and understanding of environmental health risks facing school children, which include but are not limited to airborne particulates from construction projects located near schools and other factors which could compromise the health of school children, especially those suffering from respiratory problems with a request that the department develop a plan of action to respond to the risks and report back 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: Zygmunt Arendt (By the entire Board) T. J. Jack Kent Sponsor Supervisor Bierman. Paul Petroni Sponsor Supervisor Ammiano. Unanimously adopted by a rising vote.

ADJOURNMENT
There being no further business, the Board at the hour of 4:08 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