May 11, 1998

Agenda & Minutes Archive

JOURNALOFPROCEEDINGS
BOARDOFSUPERVISORS

Monday, May 11, 1998 - 6:00 p.m. The Board of Supervisors of the City and County of San Francisco met in special session on the above date with President Barbara Kaufman presiding.

CALLINGTHEROLL
The meeting was called to order at 6:06 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee-8. Noted absent at first roll call: Supervisors Bierman, Katz, Medina - 3.

Quorum present.

Supervisor Bierman was noted present at 6:09 p.m. Supervisor Katz was noted present at 6:10 p.m. Supervisor Medina was noted present at 6:08 p.m.

APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Leno, moved that the Journal of Proceedings for Monday, March 30, 1998, be approved. Motion carried by the following vote: Supervisors Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz, Medina-3.

CONSENTCALENDAR
RecommendationsofFinanceCommittee
Finally Passed

[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. 167-98 (Fiscal Impact.) Finally passed.

[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. 170-98 (Fiscal Impact.) Finally passed.

[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. 171-98 (Fiscal Impact.) Finally passed.

[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. 173-98 (Fiscal Impact.) (Amends Section 37(c).) Finally passed.

Adopted

[Prop J Contract, Legal Services, District Attorney]
Resolution concurring with Controller’s certification that Legal Process Server Services can be practically performed for the District Attorney, Family Support Bureau, by a private contractor for a lower cost than similar services performed by City and County employees. (District Attorney) File 98-0593, Resolution No. 361-98 Adopted.

[Lease Amendment, 44 Gough Street]
Resolution authorizing amendment of an existing lease of real property at 44 Gough Street for the Department of Human Resources’ Administration, Administrative Services, which include Management and Employee Development, Equal Employment Opportunity, Employee Relations, and Management Information Systems. (Real Estate Department) File 98-0625, Resolution No. 364-98 Adopted.

[Emergency Repair, Church Street Sewer]
Resolution approving the expenditure of funds for the emergency work to replace the structurally inadequate sewer on Church Street from 19th Street to Hancock Street - $104,076. (Public Utilities Commission) File 98-0626, Resolution No. 365-98 Adopted.

RecommendationsofRulesCommittee Finally Passed

[Sandler v. CCSF]
Ordinance approving settlement agreement in Sandler v. City and County. (City Attorney) File 98-0588, Ordinance No. 172-98 (U.S.D.C. Northern California No. C94-1334 SI.) Finally passed.

[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. 174-98 (Superior Court No. 979-034.) Finally passed.

[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. 175-98 (Superior Court Case No. 980-058, consolidated under Superior Court Case No. 977-008.) Finally passed.

RecommendationofHealth,Family&EnvironmentCommittee Finally Passed

[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, Leno. File 98-0225, Ordinance No. 166-98 (Adds Sections 30.01 - 30.03.) Finally passed.

In connection with the above item, Supervisor Leno requested to be added as co-sponsor. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Katz-1. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationsofFinanceCommittee
Finally Passed (Supervisor Newsom excused from voting.) (See Journal of Proceedings of May 4, 1998.)

[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. 169-98 (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.) Finally passed 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.) (See Journal of Proceedings of May 4, 1998.)

[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. 168-98 (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.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Teng, Yaki, Yee-10. Excused: Supervisor Newsom-1. CalledfromFinanceCommitteebySupervisorBierman Finally Passed

[Displaced Worker Protection Act]
Ordinance amending Police Code to provide for the retention of security and janitorial or building maintenance workers when a successor contract is awarded. Sponsor Supervisor Bierman. File 121-97-010, Ordinance No. 165-98 (Adds Article 33C, Sections 3300C.1 through 3300C.6.) Finally passed 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, Public Defender’s Office]
Ordinance appropriating $100,207, 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. (Controller) File 98-0484, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[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) File 98-0485, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[Appropriation, Dept. of Public Health]
Ordinance appropriating $15,501,323, Department of Public Health, San Francisco General Hospital and Laguna Honda Hospital, of Medical Revenues in excess of budget estimates to fund increased salaries, fringe benefits, professional services, materials, equipment and facilities maintenance and the creation of 75.70 positions for fiscal year 1997-98; companion measure to File 98-0632. (Mayor Willie L. Brown, Jr.) File 98-0631, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[Salary Ordinance Amendment, Dept. of Public Health]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Public Health - Community Health Network, reflecting the creation of 75.70 positions; companion measure to File 98-0631. (Mayor Willie L. Brown, Jr.) File 98-0632, 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.

[Appropriation, Department of Public Works]
Ordinance appropriating $22,477,779, Department of Public Works, from the General Fund Reserve to fund the construction of City Hall for fiscal year 1997-98. (Mayor Willie L. Brown, Jr.) File 98-0633, 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.

AppointmentofPresidentProTempore At the request of the President, Supervisor Teng assumed the Chair so the President could participate in the debate from the floor on the following item.

[Bond Pass Through]
Ordinance amending Administrative Code 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, Jr., Supervisors Yaki, Teng, Bierman, Brown, Yee) File 98-0521, Ordinance No. (Amends Sections 37.2, 37.3 and 37.8.) SupervisorKaufmanExcusedfromVoting Supervisor Kaufman requested to be excused from voting because of possible conflict of interest. Supervisor Teng, seconded

By Supervisor Yaki, moved to excuse Supervisor Kaufman from voting. Motion to excuse Supervisor Kaufman from voting 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 Bierman, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee-9. Noes: Supervisor Ammiano-1. Excused: Supervisor Kaufman-1. The President resumed the Chair. Adopted

[Acquisition of Easement from Joint Powers Board]
Resolution authorizing the acquisition of a 4,315 square foot non-exclusive easement for $27,000 from the Peninsula Corridor Joint Powers Board (JPB) for street widening purposes along the south side of Cesar Chavez Street (formerly Army Street), on a portion of Assessor Parcel No. 4349-4 and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) File 98-0561, Resolution No. 360-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[Sale of Surplus Property]
Resolution authorizing the sale of surplus property (Block 3807, Lot 12, between 7th and Carolina Streets) and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) File 98-0619, Resolution No. 362-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[Sale of Surplus Property]
Resolution authorizing the sale of surplus City-owned property (Block 16, Lots 1 through 24, Oakdale, Stanislaus County) and confirming actions of City officials. (Real Estate Department) File 98-0620, Resolution No. 363-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

RecommendationsofParksandRecreationCommittee Adopted

[Abandoned Shopping Cart Task Force]
Resolution creating an Abandoned Shopping Cart Task Force to investigate how the City and County can effectively remove abandoned shopping carts from the City’s streets and reduce shopping cart theft which contributes to increasing the cost of living in the City. Such task force shall complete its work and report to the Board of Supervisors by October 28, 1998; a written report shall be submitted to the Board of Supervisors. Sponsor Supervisor Brown. File 98-0388, Resolution No. 357-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[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 enacted by the Board of Supervisors; requiring a quarterly written report from the department on its compliance with the Lead Poisoning Prevention Ordinance. Sponsors Supervisors Bierman, Newsom. File 98-0432, Resolution No. 358-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[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 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. Sponsors Supervisors Brown, Bierman, Newsom. File 98-0433, Resolution No. 359-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

PUBLICCOMMENT The privilege of the floor was granted to the following persons: Alexandra Apley, Mothers in Prison, Children in Crisis campaign; David Monks, supports night meeting of the full Board; Male speaker, police procedures; Robert, TCI reduced channels and rate schedule; Michael Levin, supports evening meetings, Hallidie Plaza elevator structure, transit island Female speaker, newsrack legislation; Carmen, Fay Park; Joan, Fay Park. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. 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 Bierman requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Consideration Continued

[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. Sponsors Supervisors Bierman, Teng, Brown, Katz, Medina. File 98-0713, Resolution No. (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Supervisor Bierman, seconded by Supervisor Medina, moved to continue consideration to May 18, 1998. Motion to continue 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 Teng, Brown, Katz, Medina 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 Precita Eyes Mural Arts Center]
Resolution recognizing Precita Eyes Mural Arts Center and their selected award recipients for the Eighth Annual Mural Awareness Festival. Sponsors Supervisors Medina, Bierman, Teng, Brown, Katz, Leno. File 98-0704, Resolution No. 366-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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. Sponsors Supervisors Newsom, Teng, Bierman, Katz, Medina. File 98-0705, Resolution No. 367-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[Proclaim American Red Cross Day]
Resolution declaring May 8, 1998 as American Red Cross Day. Sponsors Supervisors Yaki, Kaufman, Teng, Bierman, Brown, Katz, Medina. File 98-0706, Resolution No. 368-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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. Sponsors Supervisors Ammiano, Bierman, Teng, Katz, Leno, Medina. File 98-0707, Resolution No. 369-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[Commend Hattie P. Torrence]
Resolution commending Hattie P. Torrence as she retires after thirty-seven years as an outstanding educator. Sponsors Supervisors Brown, Teng, Bierman, Katz, Leno, Medina. File 98-0708, Resolution No. 370-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[Commend Wilma Mankiller]
Resolution commending Wilma Mankiller for her superior contributions to the Cherokee Nation and the United States. Sponsors Supervisors Brown, Teng, Bierman, Katz, Medina. File 98-0709, Resolution No. 371-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[State Legislation, SB 1659]
Resolution urging the California State Legislature and Governor Pete Wilson to approve Senate Bill 1659 regarding animal euthanasia. Sponsors Supervisors Leno, Ammiano, Yaki, Bierman, Newsom, Teng, Brown, Medina. File 98-0710, Resolution No. 372-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[State Legislation, SB 1941]
Resolution urging the California State Legislature and Governor Pete Wilson to approve Senate Bill 1941 regarding greenhouse gas emissions. Sponsors Supervisors Leno, Ammiano, Bierman, Newsom, Teng, Katz, Medina. File 98-0711, Resolution No. 373-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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. Sponsors Supervisors Ammiano, Bierman, Katz, Leno, Medina. File 98-0712, Resolution No. 374-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[State Legislation, SB 2]
Resolution urging that the City and County support SB 2, enacting the Watershed, Wildlife, and Parks Improvement Bond Act of 1998. Sponsors Supervisors Katz, Bierman, Newsom, Leno, Medina. File 98-0714, Resolution No. 375-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[State Legislation, AB 2145]
Resolution urging that the City and County 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. Sponsors Supervisors Katz, Brown, Medina. File 98-0715, Resolution No. 376-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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. Sponsor Supervisor Kaufman, Bierman, Newsom, Teng, Brown, Katz, Leno, Medina. File 98-0716, Resolution No. 377-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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. Sponsor Supervisor Kaufman, Newsom, Bierman, Leno. File 98-0717, Resolution No. 378-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[Appointment]
Resolution supporting and recommending the appointment of Chancellor Chang Ling Tien as the next United States Secretary of Energy. Sponsors Supervisors Teng, Bierman, Brown, Katz, Leno. File 98-0718, Resolution No. 379-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[Needle Swap Program Funding]
Resolution urging President Clinton and the House of Representatives to reconsider the Needle Swap Program funding. Sponsors Supervisors Ammiano, Newsom, Bierman, Teng, Brown, Katz, Leno. File 98-0719, Resolution No. 380-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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. Sponsors Supervisors Brown, Bierman, Katz. File 98-0730, Motion No. M98-63 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[Needle Exchange Emergency]
Motion concurring in the determination of the Mayor for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee, Leno. File 98-0731, Motion No. M98-64 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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). Sponsors Supervisors Kaufman, Katz. File 98-0723, Resolution No. 336-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

[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). Sponsors Supervisors Kaufman, Katz. File 98-0724, Resolution No. 337-98 (May 4, 1998 - Introduced in Board for consideration on May 11, 1998.) Adopted.

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

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 resolution(s) being considered at this time are purely commendatory. Supervisor Ammiano, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[Brown Act Finding]
Motion that the Board finds by roll call vote 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 Ammiano, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11.

[Imperative Resolution]
Adopted

[Commend Teachers]
Resolution commending teachers for their dedication and tireless efforts in the development and educating of the children of today and the leaders of tomorrow. File 98-0767, Resolution No. 381-98 Supervisors Ammiano, Yee, Bierman, Medina presented for immediate adoption. Resolution 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

[Newsracks]
Substitute ordinance amending Public Works Code by adding Section 184.12 regulating the placement and maintenance of newsracks on public streets, sidewalks and rights-of-way to prohibit free-standing newsracks in specified areas of the City, authorizing the creation of fixed pedestal zones in specified areas of the City and authorizing the Director of Public Works to select and enter into agreements with vendors to provide and maintain fixed-pedestal newsracks. Supervisor Kaufman presented. Referred to Finance Committee.

File 98-0515.

[Newsracks Appeal]
Substitute ordinance amending Municipal Code Part III, by amending Section 8 to provide for appeals to the Board of Appeals from decisions of the Director of Public Works concerning permits for fixed pedestal newsracks; companion measure to File 98-0515. Supervisor Kaufman presented. Referred to Finance Committee with request it be considered at the May 20, 1998 meeting. File 98-0516.

[Taxicab Gate Fees]
Ordinance amending Police Code by adding Section 1135.1, setting a cap on taxicab gate fees, authorizing regulations and penalties, and providing for expiration of the ordinance (twenty-four months after the effective date of the section). Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0761.

[Curb Parking, Commercial Vehicles]
Ordinance amending Traffic Code Section 54, prohibiting curb parking for commercial vehicles. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0762.

[Double Parking Regulation and Fine]
Ordinance amending Traffic Code by adding Section 53, regarding double parking. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0764.

[Zoning Map Amendment, Historic Sign District]
Ordinance adopting changes in property use classification as an amendment to the Zoning Map in the block bounded by Bryant Street, Fifteenth Street, Florida Street and the extension of Alameda Street, identified as Lots 6 and 7 in Assessor’s Block 3923, from an M-1 (Light Industrial) District to an M-1 (Light Industrial) and Historic Sign District; finding consistency with Planning Code Section 101.1; companion measure to File 98-0449. Supervisor Kaufman presented. Referred to Housing and Neighborhood Services Committee.

File 98-0766.

[CalTrain to Airport]
Substitute resolution supporting a direct connection of CalTrain to the San Francisco International Airport via the Airport Rail Transit System that will (1) complement the BART connection from Millbrae and San Bruno, (2) measurably reduce traffic on Route 101, and (3) recognize the ecological sensitivity of the Airport’s west of Bayshore property, and encouraging the appropriate agencies to work cooperatively to establish such a direct connection. Supervisors Bierman, Ammiano, Brown, Katz presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0344.

[Acceptance of Gift of Real Property and Cash]
Substitute resolution accepting a gift of real property located at 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. Supervisors Brown, Bierman presented. Referred to Parks and Recreation Committee.

File 98-0689.

[Interim Zoning Control]
Substitute resolution renewing Interim Zoning Controls for a 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 finding 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.

[Loading Zone Violation Penalty Fine Increase]
Resolution increasing the penalty for violating Traffic Code Sections 33.3 (Special Truck Loading Zones), 33.3.2 (Truck Loading Zones in Parking Bays along Market Street), 38.B (Yellow Zones - Metropolitan Traffic District) and 38.B.1 (Yellow Zones - Outside Metropolitan Traffic District) from $30, $25, $23, and $25, respectively, to $100; companion measure to File 98-0762. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee.

File 98-0763.

[Double Parking Violation Penalty Increase]
Resolution increasing the penalty for violations of Traffic Code Section 53 (double parking) from $50 to $100; companion to File 98-0764. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee.

File 000-98-0765. Referred to Board

[Commendation]
Resolution recognizing and commending Philip Choy, Alexander Weiss and the Angel Island Immigration Station Foundation for their roles in preserving the rich history of Angel Island Immigration Station for generations to come. Supervisors Teng, Ammiano, Bierman, Brown, Katz, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0768.

[Angel Island, National Historic Landmark]
Resolution remembering Angel Island’s historic role in the anti-immigrant movement and taking great pride in recognizing the momentous designation of Angel Island Immigration Station as a National Historic Landmark. Supervisors Teng, Ammiano, Bierman, Brown, Katz, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0769.

[Commend Lejon Loggins]
Resolution commending Lejon Loggins for his courage and bravery in saving the lives of members of the Singleton family. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0770.

[Older Americans Month]
Resolution recognizing the seniors in our City and declaring May 1998 as Older Americans Month. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0771.

[Emergency Medical Services Week]
Resolution declaring the week of May 17-23, 1998 as Emergency Medical Services Week. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0772.

[Drug Court Week]
Resolution declaring the week of June 1-7, 1998 as Drug Court Week. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0773.

[Commend Agnes Albert]
Resolution commending Ms. Agnes Albert for her contributions to the San Francisco Symphony and celebrating her 90th birthday. Supervisor Leno presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0774.

[Commendation]
Resolution commending the San Francisco Museum of Modern Art for its Keith Haring Exhibit and celebrating the art and memory of Keith Haring. Supervisor Leno presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0775.

[State Legislation, SB 1968]
Resolution urging the California State Legislature to enact into law SB 1968 which prohibits employers with more than 20 employees from discriminating in payment of wages between full-time and part-time employees, except with respect to seniority. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0776.

[State Legislation, SB 1686]
Resolution urging the California State Legislature to support SB 1686, a bill changing the California State Education Code to comply with the Federal Individuals with Disabilities Education Act, in order that the State may qualify for Federal funds available for the education of individuals with exceptional needs. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0777.

[State Legislation, AB 2188]
Resolution urging the California State legislature to support AB 2188, a bill that would establish a certification process for firearms manufacturers and mandate reporting requirements for all lost or stolen firearms. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0778.

[State Legislation, SB 1901]
Resolution endorsing SB 1901 which would benefit grandparents and other relative child care providers. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0780.

[State Legislation, SCA 30]
Resolution supporting Senate Constitution Amendment 30 which would amend the California Constitution to prohibit the State or a local government from entering into any contract, franchise agreement or other arrangement in which all or any portion of a public safety service, including fire, police, sheriff, probation or other peace office services, would be provided by private means. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0781.

[State Legislation, SB 1809]
Resolution supporting SB 1809 relating to elderly abuse reform efforts. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0782.

[State Legislation, AB 2389]
Resolution opposing AB 2389 which would limit a woman’s right to choose an abortion in the State of California. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0783.

[State Legislation, SB 1735]
Resolution urging the California State Legislature and Governor Pete Wilson to approve SB 1735, relating to civil rights. Supervisors Leno, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0784. Referred to Committee

[Interdepartmental Parks Safety Committee]
Resolution creating an Interdepartmental Parks Safety Committee to collaboratively address criminal activities within our parks in conjunction with the Police Department’s Operation Parks and to provide progress reports to the Board of Supervisors’ Parks and Recreation Committee on a monthly basis. Supervisor Newsom presented. Referred to Parks and Recreation Committee.

File 98-0785. Referred to Board

[Keith Haring Artwork]
Resolution urging the Art Commission to consider the viability of purchasing a Keith Haring sculpture for the San Francisco Art Collection. Supervisors Ammiano, Bierman, Leno presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0786. Referred to Committee

[Gift Acceptance]
Resolution accepting two gifts in the amount of $150,000 from Mr. Tully M. Friedman through the Friends of Recreation and Parks and from the Friends of Recreation and Parks. Supervisor Brown presented. Referred to Parks and Recreation Committee.

File 98-0787. RequestsforHearings:

[Laguna Honda Hospital]
Hearing to determine the appropriate response to the Department of Justice findings on Laguna Honda Hospital. Supervisors Medina, Newsom, Ammiano, Bierman, Brown, Katz presented. Referred to Health, Family and Environment Committee.

File 98-0788.

[Land Use Conflicts, 11th/Folsom Street]
Hearing to consider resolution to land use conflicts in the 11th Street and Folsom Street entertainment corridor. Supervisors Newsom, Bierman, Katz presented. Referred to Housing and Neighborhood Services Committee.

File 98-0789.

[Noise Standards]
Hearing to consider changes in noise standards and recent police enforcement of these standards with respect to night clubs. Supervisor Bierman presented. Referred to Housing and Neighborhood Services Committee.

File 98-0790. Motions: Referred to Committee

[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, Bierman, Medina, Leno, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar May 18, 1998. File 98-0779. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0728.

[CCSF v. Bank of America NT & SA]
Ordinance authorizing settlement of litigation of City and County of San Francisco, entitled "City and County of San Francisco v. Bank of America NT & SA", for $38,000. (Superior Court No. 988-950). (City Attorney) Referred to Rules Committee.

File 98-0733.

[Appropriation, Dept of Transportation-MUNI]
Ordinance appropriating $72,439, Department of Transportation - Municipal Railway, of General Reserve Fund for salaries and fringe benefits and the creation of nine (9) positions to extend the hours of operations of the Telephone Information Center and the Passenger Service Units for fiscal year 1997-98; companion measure to File 98-0739. RO #97245. (Controller) Referred to Finance Committee.

File 98-0734.

[Appropriation, DTIS/Administrative Services]
Ordinance appropriating $1,680,000, including $1,000,000, Department of TeleCOMMUNICATION

and Information Services and the Administrative Services Department, from the General Fund Reserve-Network and rescinding and appropriating $680,000 from professional services-Public Protection Special Revenue Fund to finance the initial implementation of the Fiber Optic Network and the development of an Internet Processing Plan for fiscal year 1997-98. RO #97248. (Controller) Referred to Finance Committee.

File 98-0735.

[Conflict of Interest Code, Redevelopment Agency]
Ordinance amending Administrative Code by amending Chapter 58 to incorporate changes in the designated positions and disclosure categories for the Redevelopment Agency’s Conflict of Interest Code and to add a definition of consultant. (City Attorney) Referred to Rules Committee.

File 98-0736.

[Conflict of Interest Code, Dept of Public Health]
Ordinance amending Administrative Code by amending Chapter 58 to delete a designated position (Institutional Police Officer), in the Public Health Department’s Conflict of Interest Code. (City Attorney) Referred to Rules Committee.

File 98-0737.

[Recreation and Park Fees]
Ordinance amending the San Francisco Park Code by adding Sections 11.05 through 11.07 approving fees for the Japanese Tea Garden, Coit Tower, and wedding ceremonies. (Recreation and Park Department) Referred to Finance Committee.

File 98-0738.

[PUC Short-Term Indebtedness]
Ordinance amending Administrative Code by adding Chapter 84 to provide a procedure for the issuance by the Public Utilities Commission of the City and County of San Francisco of commercial paper and other short-term indebtedness in anticipation of the issuance of revenue bonds. (Public Utilities Commission) Referred to Finance Committee.

File 98-0739.

[Salary Ord Amendment, Dept of Transportation-MUNI Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Transportation - Municipal Railway, reflecting the creation of nine (9) positions (8 Class 9122 Transit Information Clerk, and 1 Class 9124 Sr. Transit Information Clerk); companion measure to File 98-0733. (Department of Human Resources) Referred to Finance Committee.

File 98-0740.

[Cazahous v. CCSF, et al.]
Ordinance authorizing settlement of the litigation of Cazahous v. City and County of San Francisco, et al., by payment of $30,000. (Superior Court No. 985-824). (City Attorney) Referred to Rules Committee.

Resolutions Referred to Committee File 98-0698.

[Gift Acceptance, Public Utilities Commission]
Resolution accepting fifteen (15) streetlights and poles (estimated at $35,000) as a gift to light the Vallejo Crest. (Public Utilities Commission) Referred to Rules Committee.

File 98-0741.

[Lease of Real Property, 1380 Howard Street]
Resolution authorizing an extension and renewal of an existing lease of real property at 1380 Howard Street, San Francisco, for a term of ten years commencing July 1, 1998 at a fixed monthly rent of $107,000 per month for the Mental Health Division of the Department of Public Health. (Real Estate Department) Referred to Finance Committee.

File 98-0742.

[Lease of Property, 965 Mission Street]
Resolution authorizing a lease of real property at 965 Mission Street, San Francisco, for the Department of Human Services. (Real Estate Department) Referred to Finance Committee.

File 98-0743.

[Stop Intersections]
Resolution designating certain intersections as "STOP" intersections. DPT Order No. 1494. (Department of Parking and Traffic) Referred to Housing and Neighborhood Svcs Committee.

File 98-0744.

[Parking Regulations, Various Locations]
Resolution enacting and rescinding parking regulations at various locations. DPT Order No. 1494. (Department of Parking and Traffic) Referred to Housing and Neighborhood Svcs Committee.

File 98-0745.

[Traffic Regulations, Various Streets]
Resolution enacting and rescinding traffic regulations on various streets. DPT Order No. 1494. (Department of Parking and Traffic) Referred to Housing and Neighborhood Svcs Committee.

File 98-0746.

[Agreement, Sheriff/Mr. Ben Dorcy]
Resolution authorizing the San Francisco Sheriff’s Department to enter into agreement with Mr. Ben Dorcy for mandatory certified CPR and First Aid Training, which agreement provides for mutual indemnification from claims or other damages which arise as a result of performance under said agreement. (Sheriff) Referred to Housing and Neighborhood Svcs Committee.

File 98-0747.

[Agreement, Sheriff/Dr. George Bach-Y-Rita]
Resolution authorizing the Sheriff’s Department to enter into a professional services agreement with George Bach-Y-Rita, M.D., which provides for indemnification of Dr. Bach-Y-Rita from compensatory damages for negligent formation of his professional opinion as to psychological suitability of applicants for employment as Deputy Sheriffs in San Francisco County. (Sheriff) Referred to Housing and Neighborhood Svcs Committee.

File 98-0748.

[Agreement, Sheriff - Interactive Systems]
Resolution authorizing the San Francisco Sheriff’s Department to enter into an agreement with Interactive Systems, LLC for VINE, an automated victim notification service, which agreement provides for mutual indemnification from claims or other damages which arises as a result of performance under said agreement. (Sheriff) Referred to Housing and Neighborhood Svcs Committee.

File 98-0749.

[Agreement, Airport/Department of Transportation]
Resolution authorizing Airport Commission to enter into an agreement with the Department of Transportation, State of California, for the following programs: 1) Seismic Safety Retrofit Program; 2) Highway Bridge Replacement & Rehabilitation (HBRR) Program; and 3) Bridge Inspection Program and to accept reimbursement funds for projects covered by these programs. (Airport) Referred to Finance Committee.

File 98-0750.

[Agreement, DPH/Department of Rehabilitation]
Resolution authorizing the Department of Public Health, Public Health Division, Community Mental Health Services to enter retroactively into a Cooperative Program Agreement with the Department of Rehabilitation San Francisco District, including a required match of $160,605, and which does not include patent infringement indemnification and false claims clauses, to provide vocational services to mentally-ill psychiatric clients. (Department of Public Health) 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 Ammiano, that letter of inquiry be sent to the Chief Medical Examiner-Coroner to determine why the Coroner’s office is not in compliance with Cal-OSHA standards concerning use of needles, what steps will be taken to rectify the ten other serious violations cited by Cal-OSHA and what additional measures will be taken to safeguard the City employees who work within the department. By Supervisor Ammiano, that letter be sent to Director of Public Health to inquire what the Department’s position is on the use of Viagra in conjunction with Protease Inhibitors and Nitrates and what steps will be taken with the research data available to safeguard against any health related problems. By Supervisor Ammiano, that City Attorney prepare appropriate legislation for stall assignments at the Alemany Farmers Market based on a formula of tenure, product demand and crop season. By Supervisor Katz, that letters be sent to Office of Emergency Services, Fire Department, Police Department, Port, Department of Public Health, Recreation and Park Department and Director of Elections to determine whether or not they intend to include a line item for funding of the geographic information system (GIS) in the fiscal year 1998-99 budget; and if not, why not.

MotionsAdopted

Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Joan Salz Sinton Sponsor Supervisor Kaufman. John L. Boyte, Jr. Sponsor Supervisor Teng. Unanimously adopted by a rising vote.

ADJOURNMENT
There being no further business, the Board at the hour of 7:53 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