Board of Supervisors Minutes: December 22, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, December 22, 1997 - 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 2:02 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Yaki, Yee-9. Noted absent at first roll call: Supervisors Leal, Teng - 2. Quorum present. Supervisor Leal was noted present at 2:03 p.m. Supervisor Teng was excused. (See infra.) SupervisorTengExcused The Clerk announced that Supervisor Teng had requested to be excused from attendance because of illness. Supervisor Yaki, seconded by Supervisor Medina, moved to excuse Supervisor Teng from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Yaki, Yee - 9. Absent: Supervisors Leal, Teng - 2. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Medina, seconded By Supervisor Yaki, moved that the Journals of Proceedings for Monday, October 20 and October 27, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [Appropriation, Mayor’s Office] Ordinance appropriating and rescinding $76,258, Mayor’s Office, for salaries and fringe benefits and for the creation of two (2) positions for fiscal year 1997-98; companion measure to File 102-97-10. (Controller) File 101-97-31, Ordinance No. 479-97 Finally passed. [Salary Ordinance Amendment, Mayor’s Office] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997/98), Mayor’s Office, reflecting the creation of two (2) positions (Class 1363 Special Assistant IV and 1369 Special Assistant X); companion measure to File 101-97-31. (Department of Human Resources) File 102-97-10, Ordinance No. 481-97 Finally passed. [Appropriation, Public Utilities Commission] Ordinance appropriating $1,648,000, Public Utilities Commission, from Cleanwater fund balance to claims and judgments, PUC-Cleanwater Program, for fiscal year 1997-98 and authorizing settlement of litigation of Walter and Ramona Yee against the City and County; companion measure to File 45-97-123. (Controller) File 101-97-32, Ordinance No. 480-97 Finally passed. [Yee v. CCSF] Ordinance authorizing settlement of litigation of Walter and Ramona Yee against the City and County by payment of $1,648,000; companion measure to File 101-97-32. (City Attorney) File 45-97-123, Ordinance No. 476-97 (Superior Court No. 980-740.) Finally passed. [Street Closure Fee Waiver] Ordinance waiving fees charged by the City and County for the closure of streets (Larkin Street between Eddy and O’Farrell Streets, and Ellis Street between Polk and Hyde Streets) for the 1997 TET Festival; the TET Festival, sponsored by the Vietnamese Community Center of San Francisco, is a celebration of the Vietnamese New Year. Sponsor Supervisor Yee. File 42-97-1, Ordinance No. 475-97 Finally passed. [Santa Clara County District Transit v. CCSF] Ordinance authorizing settlement of litigation of Santa Clara County Transit District against the City and County by payment of $51,800. (City Attorney) File 45-97-127, Ordinance No. 477-97 (Santa Clara County Superior Court No. CV 762485.) Finally passed. [Employee Claims - Payment Approval] Ordinance amending Administrative Code, dealing with nonuniformed employee claims for damaged and stolen property, respectively, providing that such claims shall be approved by the department head, or, for claims in excess of $1,000, by the Department head, the Controller and the Board of Supervisors; and repealing Sections 10.25-8 and 10.25-9. Sponsors Supervisors Kaufman, Medina. File 97-97-44, Ordinance No. 478-97 (Repeals Sections 10.25-8 and 10.25-9; adds new Sections 10.25-8 and 10.25-9.) Finally passed. RecommendationsofHealth,Family&EnvironmentCommittee Adopted [State Grant/Amend Acceptance & Expenditure] Resolution authorizing the amendment of Schedule A, Resolution No. 950-97, acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for 1997-98. (Department of Public Health) File 146-97-16.1, Resolution No. 1152-97 Adopted. [Grant/Corporation for Supportive Housing] Resolution authorizing the Department of Public Health, Homeless Programs, to accept and expend retroactively, a grant of $80,000 from the Corporation for Supportive Housing for primary health care and client centered treatment and case management services; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) File 146-97-23, Resolution No. 1153-97 Adopted. [Contract with Golden Gate Genealogy] Resolution authorizing the Chief Probation Officer to enter into a contract with Golden Gate Genealogy for the procurement of assets bequeathed to the Youth Guidance Center. (Juvenile Probation) File 172-97-62, Resolution No. 1157-97 Adopted. [Diagnostic Treatment Services, Juvenile Ward] Resolution authorizing the Chief Probation Officer of the Juvenile Probation Department to renew a contract with the California Youth Authority for diagnostic and treatment services and temporary detention not to exceed 90 days; providing for ratification of actions previously taken. (Juvenile Probation) File 172-97-72, Resolution No. 1158-97 Adopted. [Emergency Custody, Juvenile Ward of the Court] Resolution authorizing the Chief Probation Officer of the Juvenile Probation Department to renew a contract with the California Youth Authority for emergency custody of a juvenile ward of the court from the County of San Francisco; providing for ratification of actions previously taken. (Juvenile Probation) File 172-97-73, Resolution No. 1159-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading as Amended [Appropriation, Mayor’s Office of Community Development] Ordinance appropriating $94,943, Mayor’s Office of Community Development, from the General Fund Reserve-Day Labor Program for professional services at the Mayor’s Office for fiscal year ((1997-98)) 1996-97; providing for ratification of action previously taken. (Mayor’s Office of Community Development) File 101-97-48, Ordinance No. (December 8, 1997 - Consideration continued to December 22, 1997.) Supervisor Leal, seconded by Supervisor Medina, moved to amend title, line three, and line five by replacing "1997-98" with "1996-97". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. FromFinanceCommitteeWithoutRecommendation Passed for Second Reading as Amended [Appropriation, Office of Citizen Complaints] ((Ordinance appropriating $147,216, Office of Citizen Complaints-Police Department ($71,683 from General Reserve-Office of Citizen Complaints and $75,533 from San Francisco International Airport Reserve Fund) for salaries, fringe benefits, rent, other current expenses, materials and supplies, equipment and services of other department and for the creation of three (3) positions, for fiscal year 1997-98;)) companion measure to File 102-97-12. (Mayor Willie L. Brown, Jr.) Ordinanceappropriating$184,936,OfficeofCitizenComplaints-Police Department($109,403fromGeneralReserve-OfficeofCitizen Complaintsand$75,533fromSanFranciscoInternationalAirport ReserveFund)forsalaries,fringebenefits,rent,othercurrent expenses,materialsandsupplies,equipmentandservicesofother departmentandforthecreationofthree(3)positions,forfiscal year1997-98. File 101-97-36, Ordinance No. (December 15, 1997 - Consideration continued to December 22, 1997.) Supervisor Ammiano, seconded By Supervisor Yaki, moved an amendment of the whole bearing new title as follows: "Ordinance appropriating $184,936, Office of Citizen Complaints-Police Department ($109,403 from General Reserve-Office of Citizen Complaints and $75,533 from San Francisco International Airport Reserve Fund) for salaries, fringe benefits, rent, other current expenses, materials and supplies, equipment and services of other department and for the creation of three (3) positions, for fiscal year 1997-98." Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Noes: Supervisor Kaufman-1. Absent: Supervisor Teng-1. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Noes: Supervisor Kaufman-1. Absent: Supervisor Teng-1. Passed for Second Reading [Salary Ordinance Amendment, Police Department] Ordinance amending Annual Salary Ordinance 307-97 reflecting the creation of three new positions in the Police Department, Office of Citizen Complaints. (Mayor Willie L. Brown, Jr.) File 102-97-12, Ordinance No. (December 15, 1997 - Consideration continued to December 22, 1997.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Noes: Supervisor Kaufman-1. Absent: Supervisor Teng-1. AppointmentofPresidentProTempore At the request of the President, Supervisor Leal assumed the Chair. RecommendationofHousingandNeighborhoodServicesCommittee Finally Passed (Supervisors Kaufman, Newsom, Yee were excused from voting.) (See Journal of Proceedings of December 15, 1997.) [Eviction Moratorium on Owner Move-Ins] Ordinance amending Administrative Code to prohibit, except under narrow circumstances, owner/relative move-in evictions that would result in the displacement of residential tenants who are 60 years of age or older or disabled and have been residing in the same rental unit for 10 years or more, or who are catastrophically ill and have been residing in the same rental unit for 5 years or more; this temporary moratorium would be in effect through June 30, 1999; and making technical non-substantive changes. Sponsors Supervisors Teng, Ammiano, Bierman, Medina. File 109-97-4, Ordinance No. 482-97 (Amends Section 37.9.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki-7. Excused: Supervisors Kaufman, Newsom, Yee-3. Absent: Supervisor Teng-1. The President resumed the Chair. NEWBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading [Appropriation, Courthouse] Ordinance rescinding $1,140,840, Department of Public Works, from the budget of the Trial Courts and reappropriating $1,140,840 for the New Civic Center Courthouse operations, maintenance, and custodial services and for the creation of eleven (11) positions for fiscal year 1997-98; companion measure to File 102-97-11. (Mayor Willie L. Brown, Jr.) File 101-97-35, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Salary Ordinance Amendment, Public Works] Ordinance amending Annual Salary Ordinance 307-97, reflecting the creation of eleven positions in the Department of Public Works; companion measure to File 101-97-35. (Mayor Willie L. Brown, Jr.) File 102-97-11, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Appropriation, Department of Human Services] Ordinance appropriating $10,851,890, Department of Human Services, of State and Federal Revenues to fund implementation of Welfare Reform Programs, expansion of adoption and homeless programs, and improvement of Department of Human Services facilities, and for the creation of 258 new positions and the deletion of 149 positions, for fiscal year 1997-98; placing on reserve $1,837,336; companion measure to File 102-97-14. (Controller) File 101-97-39, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Salary Ordinance Amendment, Department of Human Services] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, Department of Human Services, reflecting the net creation of 107 new positions; companion measure to File 101-97-39. (Department of Human Resources) File 102-97-14, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Appropriation, Civic Center Courthouse Security] Ordinance rescinding $261,238 Sheriff Department, from budget of the Trial Courts and reappropriating $261,238 to fund the cost of the 8 additional positions for security needed at the New Civic Center Courthouse for fiscal year 1997-98; companion measure to File 102-97-17. (Trial Courts) File 101-97-49, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Public Employment, Sheriff’s Department] Ordinance amending Annual Salary Ordinance, 1997/98 reflecting the creation of eight (8) new positions in the Sheriff’s Department; companion measure to File 101-97-49. (Department of Human Resources) File 102-97-17, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Appropriation, Public Works, City Hall] Ordinance appropriating $25,192,702 of City Hall Improvement bond fund proceeds for design and construction of non-seismic improvements at City Hall for the Department of Public Works for fiscal year 1997-98. (Mayor) File 101-97-50, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [MOU, MEA Airport Police, Bargaining Unit XP3] Ordinance implementing the provisions of a Memorandum of Understanding between the Municipal Executives Association and the City and County for Bargaining Unit XP3 to be effective July 1, 1996 through June 30, 1997. (Department of Human Resources) File 93-97-4, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [MOU, MEA Fire, Bargaining Unit F3] Ordinance implementing the provisions of a Memorandum of Understanding between the Municipal Executives Association and the City and County for Bargaining Unit F3 to be effective July 1, 1992 through June 30, 1999. (Department of Human Resources) File 93-97-5, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. AppointmentofPresidentProTempore At the request of the President, Supervisor Leal assumed the Chair so the President could participate in the debate from the floor. (Supervisor Kaufman dissenting in Committee. ) [Employee Signature Authorization Ordinance] Ordinance amending Administrative Code, requiring certain labor representation procedures in hotel or restaurant development projects in which the City has a proprietary interest. Sponsors Supervisors Katz, Yaki, Yee, Bierman, Leal, Medina, Teng, Ammiano, Brown. File 97-97-62, Ordinance No. (Adds Sections 23.31 through 23.35.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Noes: Supervisor Kaufman-1. Absent: Supervisor Teng-1. The President resumed the Chair. [Hotel Tax Fund Reallocation] Ordinance amending Municipal Code, Part III (Hotel Tax Fund Reallocation), to change the special purpose allocations of hotel tax revenues from percentages to specific dollar amounts, to adjust each allocation annually by the rate of growth or loss in total hotel tax revenues (subject to a 10% cap), and to change the source of funds for the cultural center allocation. Sponsor Supervisor Brown. File 127-97-6.2, Ordinance No. (Amends Section 515.01.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Real Property Transfer Tax] Ordinance amending Municipal Code, Part III, (Real Property Transfer Tax), to substitute the Director of Property for the Assessor as a member of the Transfer Tax Review Board. Sponsor Supervisor Kaufman. File 127-97-9, Ordinance No. (Amends Section 1115.2.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Taxes, Add Common Administrative Provisions] Ordinance amending Municipal Code, Part III, (Common Administrative Provision), to add common administrative provisions for the transit occupancy tax, parking tax, utility users tax, emergency response fee, stadium operators tax, payroll expense tax and business tax and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-10, Ordinance No. (Adds Sections 6.1-1 through 6.23-1.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Transient Occupancy Tax] Ordinance amending Municipal Code, Part III, (Tax on Transient Occupancy of Hotel Rooms), relating to definitions, rate of tax, surcharges, redevelopment project areas, exemptions; and by repealing sections relating to registration, returns, deficiency determinations, failure to file return, jeopardy determinations, redeterminations, penalties and interest, collection, administration, Board of Review, savings clause,violations and effective date; and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-11, Ordinance No. (Amends Sections 501, 502, 502.5, 502.6, 502.6-1, 502.8, 502.8-1, 506; repeals Sections 507, 508, 509, 510, 511, 512, 513, 514, 515, 515.1, 516, 517 and 518.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Parking Tax] Ordinance amending Municipal Code, Part III, (Tax on Occupancy of Parking Space in Parking Stations), relating to Parking Tax definitions, imposition and rate of tax, charges subject to tax, surcharge, collection of tax, exemptions and administration; repealing sections concerning registration of operator, returns, deficiency determinations, failure to file return, jeopardy determinations, redeterminations, penalties and interest, collection of tax, savings clause, violations a misdemeanor and effective date; and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-12, Ordinance No. (Amends Sections 601, 602, 602A, 602.5, 604, 606 and 615; repeals Sections 607, 608, 609, 610, 611, 612, 613, 614, 616, 617 and 618.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Utility Users Tax] Ordinance amending Municipal Code, Part III, Article 10 (Utility Users Tax), relating to utility users tax definitions, telephone users, electricity users, gas users, water users, steam users, exemptions, rate adjustments, collection, reporting, records, refunds, failure to pay and purpose; repealing sections concerning exemptions, interest and penalties, failure to collect, Board of Review, residential hotels, regulations, violations, savings clause and effective date; and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-13, Ordinance No. (Amend Sections 701, 703, 704, 705, 706, 706.1, 707, 707.2, 708, 709, 713, 714, 715 and 720; repeal Sections 702, 710, 711, 712, 714.1, 716, 718, 721 and 722.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Emergency Response Fee] Ordinance amending Municipal Code, Part III, (Emergency Response Fee), pertaining to emergency response fee definitions, exemptions and refunds; by repealing sections relating to Appeal, Board of Review, records, rules and regulations, violations; misdemeanor, savings clause and effective date; and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-14, Ordinance No. (Amends Sections 751, 754 and 765; repeals Sections 763, 764, 767, 769, 771 and 772.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Stadium Operators Tax] Ordinance amending Municipal Code, Part III, (Stadium Operator Admission Tax), relating to stadium operators tax definitions and exemptions; by repealing Sections concerning determination of tax due, returns, contents of returns, filing, extension of time, deficiency determinations, interest, offsetting payments, penalties, fraud, service, notice of deficiency determination, no return made, computation, interest, fraud, service, jeopardy determinations, nonpayment, redetermination, time for filing, hearing, alteration of determination, finality of order, time for payment, service, penalties and interest, refund, administration, Board of Review, examination of records, disclosure, savings clause, violations and effective date; and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-15, Ordinance No. (Amend Sections 801 and 807; Repeal Sections 809 through 840, 842, 843 and 844.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Payroll Expense Tax] Ordinance amending Municipal Code, Part III, (Payroll Expense Tax Ordinance) pertaining to payroll expense tax defining "employee", imposition of tax, rates of tax, apportionment, nexus, small business exemption, enterprise zone credit, new jobs credit, summer youth employment credit and relation to business tax ordinance; by repealing sections relating to defining "City and County", "Person", "Tax Collector", "Taxpayer", smaller business exemption, financial information, duties of tax collector, interest and penalties, amount of penalties, underpayments, jeopardy assessments, overpayments, redetermination, Board of Review, legal actions, misdemeanor, savings clause, exemption, successors or assignees, and failure to withhold; and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-16, Ordinance No. (Amends Sections 902.4, 903, 903.1, 904, 905, 905-A, 906A, 906B, 906C and 917.1; repeals Sections 902.3, 902.7, 902.8, 902.9, 905-B, 907.1, 908, 909, 909.1, 910, 910.1, 911, 912, 913, 914, 915, 916, 917, 918 and 918.1.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Gross Receipts Tax] Ordinance amending Municipal Code, Part III, (Business Tax Ordinance), relating to real estate development, fixed place of business, commission merchants, brokers, contractor, hotels, apartments, laundries, cleaners, money lending, personal property rental, other businesses, retail sales, storage, freight forwarding, utilities, transporting persons for hire, trucking, wholesale sales, architects, engineers, nonprofit garage corporations, tax rates, firearms sales, constitutional exemptions, small business exemption, enterprise zone credit, new jobs credit, summer youth employment credit, garment manufacturers credit, registration, fictitious business names, suspension, revocation of certificates, payments, returns; by repealing Sections concerning "City and County" "Person", "Tax Collector", controller’s report, smaller business exemption, other exemptions, financial information, penalties, deficiency determinations, jeopardy assessments, no return made, redetermination, penalties, amount of penalties, actions, remedies; duty of successors, failure to withhold, refunds, Tax Collector, Board of Review, records required, examination, payments by mail, confidentiality, severability, violations, licensing, effective dates; and providing an effective date (January 1, 1998). Sponsor Supervisor Kaufman. File 127-97-17, Ordinance No. (Amends Sections 1002.15, 1004, 1004.01 through 1004.13, 1004.15, 1004.16, 1004.17, 1004.18, 1005, 1005.3, 1005.5, 1005.6, 1005.7, 1005.8, 1007, 1007.3, 1008, and 1009; repeals Sections 1002.4, 1002.8 1002.14, 1004.14, 1005.3-1, 1005.4, 1009.1, 1009.2, 1010, 1010.1, 1011, 1012, 1013, 1013.1, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026 and 1027.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. Adopted [Legal Action for Medical Services] Resolution authorizing Tax Collector Attorney to institute legal proceedings for the recovery of value of services in the amount of $77,447.23, at hospital facilities operated by the Department of Public Health. (Treasurer/Tax Collector) File 166-97-3, Resolution No. 1155-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Delinquent Tax Assessment, Five Star Parking] Resolution authorizing the Tax Collector to collect the amount of $78,195.79 from Five Star Parking Partnership, in full satisfaction of the personal property taxes listed in Schedule 1 and directing the Controller to cancel all amounts of taxes, penalties and fees assessed but not collected; and authorizing the Tax Collector to collect the amount of $176,935.98 plus interest at ten percent (10%) a year payable in monthly installments in full satisfaction of the personal property taxes listed in Schedule 2, and directing the Controller to cancel all tax amounts, delinquency penalties, and fees assessed but not collected. (Treasurer/Tax Collector) File 166-97-4, Resolution No. 1156-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. AppointmentofPresidentProTempore At the request of the President, Supervisor Leal assumed the Chair. RecommendationsofHealth,Family&EnvironmentCommittee Passed for Second Reading [Tobacco Advertising and Promotion] Ordinance amending Police Code, to prohibit the placement of signs advertising or promoting cigarettes or other tobacco products outside or in publicly visible locations in commercial establishments in the City, with certain exceptions, and requiring a notice of correction under certain circumstances before a civil action is filed. Sponsors Supervisors Ammiano, Bierman, Teng, Katz, Newsom. File 121-95-10, Ordinance No. (Adds Section 674.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [Polluting Garden and Construction Equipment] Ordinance amending Administrative Code, restricting the use of polluting garden and utility equipment on poor air quality days and prohibiting the future purchase of such equipment except under specified circumstances. Sponsors Supervisors Leal, Bierman, Newsom. File 97-97-59, Ordinance No. (Adds Sections 4.14 and 21.18-6.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. Adopted [Transitional Housing Placement Program] Resolution requesting the State Department of Social Services to allow the City and County to participate in the Transitional Housing Placement Program which will involve licensed private, nonprofit, or county operated facilities in providing transitional housing placement services to persons at least 17 years old, and not more than 18 years old; and requesting the Department of Human Services to submit a progress report to the Board of Supervisors in December, 1998. Sponsors Supervisors Brown, Bierman. File 281-97-1, Resolution No. 1162-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Passed for Second Reading [Waterfront Land Use Plan] Ordinance amending Administrative Code to add maritime land uses, acceptable non-maritime land uses and unacceptable non-maritime land uses and define terms as required by Proposition H, 11/6/90. Sponsor Supervisor Yaki. File 97-97-63, Ordinance No. (Amends Sections 61.3, 61.4, 61.5 and 61.6.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. Adopted [CEQA Findings, Waterfront Land Use Plan] Resolution endorsing the Planning Commission’s certification of the Final Environmental Impact Report and adopting findings, including a statement of overriding considerations, pursuant to the California Environmental Quality Act (CEQA) in connection with the General Plan text and boundary amendments, and amendments to the Planning Code and Zoning Map implementing the Waterfront Land Use Plan; companion measures to Files 97-97-63, 271-97-10.1, 271-97-10.2, 36-97-6, 115-97-15. (Planning Department) File 271-97-10, Resolution No. 1161-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. Passed for Second Reading [Waterfront Amendments to the General Plan] Ordinance approving amendments to the Northeastern Waterfront Plan, Central Waterfront Plan, Commerce and Industry Element and Recreation and Open Space Element of the General Plan of the City and County; companion measure to Files 97-97-63, 271-97-10, 271-97-10.2, 36-97-6, 115-97-15. (Planning Department) File 271-97-10.1, Ordinance No. (Planning Commission Resolution No. 14467 dated 10/16/96, adopting amendments to the General Plan.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [Waterfront Boundary Adjustments] Ordinance approving amendments to the boundaries of the Northeastern Waterfront Plan and Central Waterfront Plan of the General Plan of the City and County to eliminate overlapping areas with the Downtown Plan, Rincon Hill Plan, South of Market Plan and South Bayshore Plan (Planning File No. 96.310M); companion measure to Files 97-97-63, 271-97-10, 271-97-10.1, 36-97-6, 115-97-15. (Planning Department) File 271-97-10.2, Ordinance No. (Planning Commission Resolution No. 14468 dated 10/16/97, adopting the boundary changes to the Northeastern and Central Waterfront Plans.) (Exempt Status: General Rule Exclusion (State Guidelines, Section 15061(b)(3).) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [Zoning Map Amendments - Waterfront] Ordinance amending Planning Code by amending Sectional Map No. 1 SU of the Zoning Map of the City and County to reclassify property located on the west side of the Embarcadero between Jefferson and Bay Streets, all of Assessor’s Blocks 15, 16, 17 and 35, from the Northern Waterfront Special Use District Number 1 to Waterfront Special Use District Number 3, to add property on the west side of the Embarcadero between Harrison and Berry Streets, all of Assessor’s Blocks 3770, 3771, 3790, 3792 and 3801, Lot 1 in Assessor’s Block 3769, to Waterfront Special Use District Number 3, and to add property on the east side of the Embarcadero from Pier 26 to China Basin, a portion of Assessor’s Block 9900, to Waterfront Special Use District Number 1, all as generally shown on the maps attached as Exhibits A and B; companion measure to Files 97-97-63, 271-97-10, 271-97-10.1, 271-97-10.2, 115-97-15. (Planning Department) File 36-97-6, Ordinance No. (Planning Commission Resolution No. 14470 dated 10/16/97, approving proposed Zoning Map.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [Planning Code Amendment - Waterfront] Ordinance amending Planning Code to rename the Northern Waterfront Special Use Districts as the Waterfront Special Use Districts, to include piers within the definition of lots, to allow reductions in parking requirements within Waterfront Special Use Districts, to allow broader sponsorship for festivals and other celebrations eligible as temporary uses, to include waterborne commerce, navigation, fisheries and recreation uses as principal uses within M-1 and M-2 Districts, to create a Waterfront design review process and design advisory committee, to allow uses permitted or conditionally permitted by Planning Code Section 201 as principal uses and conditional uses, respectively, within Waterfront Special Use District Number 1 if the uses are included within the Waterfront land use plan, to modify criteria for conditional use approvals in Waterfront Special Use District Numbers 1 and 3; companion measure to Files 97-97-63, 271-97-10, 271-97-10.1, 271-97-10.2, 36-97-6. (Planning Department) File 115-97-15, Ordinance No. (Amend Sections 102.14, 124, 161, 205.1, 227, 240, 240.1, 240.2, 240.3, 263, 263.2 and 263.3.) (Planning Commission Resolution No. 14469 dated 10/16/97, approving proposed Planning Code amendments and recommending adoption.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. Adopted [Interim Zoning Controls, Ballpark Vicinity] Resolution imposing interim zoning controls for a period of 18 months to establish the Ballpark Vicinity Special Use District, which would apply in the area bounded by Highway 80 and the Bay Bridge to the north, Fourth Street to the west, China Basin Channel to the south and San Francisco Bay to the east, excluding the Northeast China Basin Special Use District, the Mission Bay Districts and property under the jurisdiction of the Port Commission, and would require Planning Commission approval for certain enumerated uses and prohibit entirely other uses pending the adoption of permanent controls. Sponsor Supervisor Bierman. File 111-97-4, Resolution No. 1151-97 (Exempt Status: General Rule Exclusion (State Guidelines, Section 15061(b)(3).) SupervisorNewsomExcusedfromVoting Supervisor Newsom requested to be excused from voting because of possible conflict of interest. Supervisor Newsom, seconded By Supervisor Yaki, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki, Yee-8. Excused: Supervisor Newsom-1. Absent: Supervisors Kaufman, Teng-2. Passed for Second Reading [News-Gathering Vehicles] Ordinance amending Traffic Code pertaining to exemptions for certain vehicles pertaining to display of vehicle press cards and providing for a new vehicle press card fee of $50, and adding Section providing for specific locations for news-gathering vehicles to grant preferential parking privileges to members of the press when engaged in the gathering or photographing of news. Sponsor Supervisor Yaki. File 124-97-5, Ordinance No. (Amends Sections 11.3, 11.4; adds Section 11.9.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. Adopted [Renaming Dale Place as Continuum Way] Resolution renaming Dale Place, in its entirety, "Continuum Way" in honor of Continuum HIV Day Services’ innovation and dedication serving those living with HIV disease or AIDS. Sponsors Supervisors Katz, Yaki, Ammiano, Leal. File 75-97-2, Resolution No. 1148-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisors Ammiano, Leal requested to be added as co-sponsors. [Private Industry Council Refugee County Plan] Resolution authorizing the Private Industry Council of San Francisco, Inc. to expend, retroactive to October 1, 1997, approximately $106,973 of unspent funds and $121,269 of targeted assistance 20% discretionary funds in line with the Refugee County Plan. (Private Industry Council) File 156-97-3, Resolution No. 1154-97 SupervisorBrownExcusedfromVoting Supervisor Brown requested to be excused from voting because of possible conflict of interest. Supervisor Ammiano, seconded by Supervisor Bierman, moved to excuse Supervisor Brown from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Excused: Supervisor Brown-1. Absent: Supervisor Teng-1. SPECIALORDER3:00P.M. Consideration Continued [Public hearing] Hearing of persons interested in or objecting to report of delinquent payment of Transit Impact Development Fee on property located at 1141-1145 Market Street, and imposing a special assessment lien on said property pursuant to the provisions of Sections 38.11, et seq. of the Administrative Code. File 159-97-1 (December 8, 1997 - Consideration continued to December 22, 1997.) The Clerk of the Board announced there is pending legislation referred to Rules Committee which would settle this matter. It is the recommendation of the Clerk and the City Attorney that this item be continued until February 17, 1998. Supervisor Yaki, seconded by Supervisor Ammiano, moved to continue consideration to February 17, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. FromPublicTransportationCommission Consideration Continued [Delinquent Transfer Impact Development Fee] Resolution confirming report of delinquent payment of Transit Impact Development Fee on property located at 1141-1145 Market Street, and imposing a special assessment lien on said property pursuant to the provisions of Sections 38.11, et seq. of the Administrative Code. File 159-97-1, Resolution No. (December 8, 1997 - Consideration continued to December 22, 1997.) Supervisor Yaki, seconded by Supervisor Ammiano, moved to continue consideration to February 17, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. The President resumed the Chair. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, public art for the blind; Female speaker, property confiscated; Leboriae P. Smoore, police brutality, elimination of constitution for poor people; Male speaker, human rights issues; Anna Magnani, Municipal Railway service; Wayne Hoppi, oppose museum on war; Shirley, conservator services. 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 today. Any Supervisor may require any of these measures to go to Committee. Adopted [Commending the Omega Boys Club] Resolution commending the Omega Boys Club for leading our youth away from violence and despair and towards peace, productivity and hope. Sponsors Supervisors Brown, Bierman, Katz, Medina, Kaufman. File 6-97-217, Resolution No. 1147-97 (December 15, 1997 - Introduced in Board for consideration on December 22, 1997.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Designating Willie Mays Plaza] Resolution urging the City Administrator to urge the Department of Public Works to initiate procedures to name the area in front of Pacific Bell Park’s main King Street entrance Willie Mays Plaza. Sponsors Supervisors Brown, Katz, Medina. File 75-97-3, Resolution No. 1149-97 (December 15, 1997 - Introduced in Board for consideration on December 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [Discount Muni Fast Pass on BART] Resolution urging the Public Transportation Commission to negotiate with BART to allow use of the discount fast pass for seniors and people with disabilities on BART trips within San Francisco. Sponsors Supervisors Ammiano, Brown, Katz, Medina. File 80-97-1, Resolution No. 1150-97 (December 15, 1997 - Introduced in Board for consideration on December 22, 1997.) Adopted. In connection with the above item, Supervisors Brown, Katz, Medina requested to be added as co-sponsors. [Street Construction Contamination Reduction] Resolution decreasing the impact on school children of airborne particulate and toxic substances created by street construction during school commute hours. Sponsors Supervisors Katz, Brown, Medina. File 211-97-6, Resolution No. 1160-97 (December 15, 1997 - Introduced in Board for consideration on December 22, 1997.) Adopted. In connection with the above item, Supervisors Brown, Medina requested to be added as co-sponsors. [Domestic Partner Benefits-California State Univ.] Resolution urging the California State University system to adopt domestic partner benefits throughout its 20-campus system. Sponsors Supervisors Katz, Bierman, Medina. File 288-97-1, Resolution No. 1163-97 (December 15, 1997 - Introduced in Board for consideration on December 22, 1997.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Leal, Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee. File 30-97-1.24 (December 15, 1997 - Introduced in Board for consideration on December 22, 1997.) Adopted. [Postal Service License Agreement - Authorization] Resolution authorizing the Purchasing Department, on behalf of the City, to enter into License Agreement No. 475630-97-1-5177 with the United States Postal Service for the use of its FASTforward Technology and approving an indemnity clause, express waiver of direct damages, indemnification waiver for infringement of patent rights and waiver of various Administrative Code requirements. Sponsors Supervisors Newsom, Medina. File 172-97-84, Resolution No. 1138-97 (December 17, 1997 - Referred to Board for consideration on December 22, 1997.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. [Parcel Map, UCSF Lone Mountain Campus] Motion approving parcel map of University of San Francisco, Lone Mountain Campus, a Two Lot Subdivision Project, being a subdivision of Lot 3A in Assessor’s Block No. 1107, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-97-35 (December 11, 1997 - Referred to Board for consideration on December 22, 1997.) 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, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Leal, Teng-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Board [Immigrant Aid Reimbursement] Resolution urging the Federal and State Governments to clarify to officials in the Immigration and Naturalization Service and all state agencies that demand repayment of benefits violates the stated policies of the INS and the State Department. Supervisors Medina, Leal, Brown, Bierman, Ammiano, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar January 5, 1998. File 013-97-043. [Lifeline Cable Rate] Resolution urging the City’s cable provider to institute an expanded lifeline cable rate for all recipients of federal, state or local cash maintenance programs, as provided in the January 22, 1997 Franchise Agreement with the City and County, and urging the City Attorney to investigate whether TCI may be liable to such low income subscribers for a rebate retroactive to date the franchise agreement was approved. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar January 5, 1998. File 032-97-005. Referred to Committee [Funds, Local Law Enforcement Block Grant] Resolution authorizing the Mayor of the City and County of San Francisco to apply for, accept and expend a grant in the amount of $2,796,944 from the U.S. Department of Justice to administer the Local Law Enforcement Block Grant program, and waiving indirect costs. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 068-97-009. Referred to Board [Democratic Convention in San Francisco] Resolution urging the Democratic National Committee to select San Francisco as the site for the National Party Convention in the year 2000. Supervisors Katz, Teng, Newsom, Medina, Bierman, Ammiano, Kaufman, Yaki, Yee, Brown, Leal presented. Referred to Board for Adoption Without Committee Reference Calendar January 5, 1998. File 283-97-001. RequestsforHearings: [Tolerance Model Programs] Hearing to consider proactive measures that encourage tolerance amongst different communities in order to educate others on development of model programs. Supervisor Katz presented. Referred to Health, Family and Environment Committee. File 291-97-001. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Leal, Bierman, Teng, Ammiano, Yaki, Kaufman, katz, Brown, Newsom, Medina, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar January 5, 1998. File 030-97-001.25. Referred to Committee [Off Site Board Meeting, March 2, 1998] Motion ordering the March 2, 1998 meeting of the San Francisco Board of Supervisors to be held at the Sunnydale Housing Project Community Center, 1654 Sunnydale, in the Visitacion Valley Community. Supervisor Ammiano presented. Referred to Rules Committee. File 054-97-012. [Rules of Order, Audit Committee] Motion amending the Rules of Order to revise the composition and duties of the Audit Committee of the Board of Supervisors (adds new Rule 6.20; renumbering; repeals Rule 5.7). Supervisors Kaufman, Leal, Brown, Yaki, Newsom, Katz, Bierman, Medina presented. Referred to Rules Committee. File 056-97-007. [Rules of Order, State/Federal Legislation] Motion amending the Rules of Order to provide that copies of proposed State and Federal legislation shall be submitted with proposed resolutions which would support or oppose such legislation (adds Rule 2.34). Supervisor Newsom presented. Referred to Rules Committee. File 056-97-008. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 045-97-128. [Lam v. CCSF, et al] Ordinance authorizing settlement of litigation of Hok Bew Lam against the City and County of San Francisco by payment of $40,000. (Superior Court No. 978-098). (City Attorney) Referred to Rules Committee. File 097-97-075. [Regional Transit Discount ID Card Fee] Ordinance amending Administrative Code by adding Section 8.39 thereto, imposing fees to process applications for new, renewed and lost Regional Transit Discount Identification Cards; companion measure to File 172-97-83. (Public Transportation Commission) Referred to Economic Development, Transportation and Technology Committee. File 123-97-009. [Update of Public Works Code] Ordinance amending Article XX, Section 1000 of the San Francisco Public Works Code, which defines certain terms used in the Article, by removing obsolete reference to Fire Code in the definition given for "Hazardous Waste." (Clerk of the Board) Referred to Economic Development, Transportation and Technology Committee. File 124-97-006. [Proof of Payment, Passenger Conduct Violations] Ordinance amending Traffic Code by amending Section 3.2 to redefine "streetcar"; by repealing Section 126 regarding boarding and alighting streetcars or vehicles and reenacting that provision in Section 128; by amending Section 127 to allow boarding of public transit vehicles through rear doors under some circumstances and to require transit passengers to display proof of payment of fares; by repealing and reenacting Section 128 to institute other passenger conduct violations; by amending Section 128.1 to impose penalties for violation of Sections 127 and 128; by adding Section 128-A to authorize fare inspectors; by repealing Section 129 regarding expectorating in transit vehicles and reenacting that provision in Section 128; and stating the intent of the Board that funds from enforcement of Sections 127, 128 and Penal Code Section 640 be used to defray costs of the proof of payment program and that an audit be performed every three years. (Public Transportation Department) Referred to Housing and Neighborhood Services Committee. File 172-97-019. [Amendment, Advertising Shelter Agreement] Substitute ordinance amending Third Amendment to Advertising Transit Shelter Agreement between City and County of San Francisco and Outdoor Systems, Inc. to maintain MUNI Metro Extension and F-Line boarding platforms in exchange for advertising on platforms and to expand transit shelter program. (Public Transportation Department) Referred to Finance Committee. Resolutions Referred to Committee File 025-97-018. [Prop J Contract, Janitorial/Landscape Contract] Resolution concurring with the Controller’s certification that janitorial and landscape maintenance services at three Department of Parking and Traffic Office sites and twenty two neighborhood off-street parking facilities can be performed by private contractor for lower cost than similar services performed by City and County employees. (Department of Parking and Traffic) Referred to Finance Committee. File 027-97-013. [Airline Lease Modification] Resolution approving Modification No. 13 of Lease and Use Agreement between United Air Lines, Inc. and City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Referred to Finance Committee. File 028-97-012. [Emergency Repair, Geary/23rd Avenue Sewer] Resolution approving expenditure of funds for emergency work to replace the structurally inadequate sewer at the intersection of Geary Boulevard and 23rd Avenue - $55,783.27. (Public Utilities Commission) Referred to Finance Committee. File 048-97-078. [Settlement of Claim, Dwight Jauch] Resolution approving the settlement of unlitigated claim of Dwight Jauch by payment of $30,000.00. (City Attorney) Referred to Rules Committee. File 049-97-003. [Settlement of Claim, Angelo and Yvonne Sangiacomo] Resolution approving the settlement of unlitigated claim of City and County of San Francisco against Angelo and Yvonne Sangiacomo for $539,160.25. (City Attorney) Referred to Rules Committee. File 064-97-022. [Lease Amendment, 1390 Market Street] Resolution authorizing an amendment of an existing lease of real property at 1390 Market Street for the Ethics Commission. (Real Estate Department) Referred to Finance Committee. File 096-97-005. [Public Utilities Commission Land Sale] Resolution approving sale of land at Hamlin Court in Sunnyvale to W. Leslie Pelio for the amount of $728,000 and authorizing execution of agreement for sale of real estate, quitclaim deed, and declaration of covenants, conditions and restrictions and grant of easement. (Real Estate Department) Referred to Finance Committee. File 148-97-006. [Grant - State Funds] Resolution authorizing retroactively the Director of Public Works to expend up to $2,065,993 from the State of California for roadway work on City streets in accordance with the State-Local Transportation Partnership Program (8th Cycle) waiving indirect costs; placing $1,561,936 on reserve. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 172-97-082. [Contract, DPH-UC Berkeley] Resolution authorizing the Director of Public Health to enter into a subcontract in the amount of $11,359 with the Regents of the University of California (Berkeley), the primary contractor, to provide data and consultation study of the cultural appropriateness of the instruments and approaches being used by Community Mental Health Services (CMHS) to measure client outcomes and satisfaction; retroactive to July 1, 1997. (Department of Public Health) Referred to Health, Family and Environment Committee. File 172-97-083. [Regional Transit Discount Card Program] Resolution authorizing an indemnity provision in agreement regarding implementation of the Regional Transit Discount Program, among the City and County of San Francisco, the Metropolitan Transportation Commission, and the Bay Area Rapid Transit District; companion measure to File 97-97-75. (Public Transportation Commission) Referred to Economic Development, Transportation and Technology Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Yee, that letter be sent to Director, Department of Parking and Traffic, concerning traffic and pedestrian safety problems on San Bruno Avenue in and around the intersection of San Bruno and Bacon, requesting comprehensive study of this location and as an interim measure, the feasibility of installing stop signs in both directions of San Bruno traffic flow at the intersection of San Bruno and Burrows. By Supervisor Yee, that letters be sent to Director, Department of Parking and Traffic and General Manager, Municipal Railway, to determine the feasibility of creating parking garages on the City’s outskirts for commuters to park their cars and take "express" public transportation downtown. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Isa Leah Cymrot-Wu Sponsor Supervisor Katz. Shirley Cohelan Burton (By the entire Board) Noela Wong Sponsor Supervisor Teng. James Stanley Downey Sponsor Supervisor Yee. Gauri Govil Sponsor Supervisor Medina. File 2-97-49 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:57 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