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CITY AND COUNTY OF SAN FRANCISCO
BOARD OF SUPERVISORS
Monday, January 5, 1998
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF JOURNAL
COMMUNICATIONS
CONSENT CALENDAR
No. 1.
All matters listed hereunder constitute a Consent Calendar, are considered to be routine
by the Board of Supervisors and will be acted upon by a single roll call vote of the Board.
There will be no separate discussion of these items unless a member of the Board so
requests, in which event the matter shall be removed from the Consent Calendar and
considered as a separate item.
Recommendations of Finance Committee
Present: Supervisors Leal, Kaufman, Brown
(4
[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.
Question on final passage.
[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.
Question on final passage.
January 5, 1998 - l -
Page 2
[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.
Question on final passage.
(4
[Salary Ordinance Amendment, Dept 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.
Question on final passage.
[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.
Question on final passage.
(f)
[Public Employment, Sheriff’s Office]
Ordinance amending Annual Salary Ordinance, 1997/98 reflecting the creation of eight (8)
new positions in the Sheriff’s Office; companion measure to File 101-97-49. (Department
of Human Resources)
File 102-97-17, Ordinance No.
Question on final passage.
(g)
[Appropriation, Public Works, City Hall]
Ordinance appropriating $25,192,702 of City Hall Improvement bond funds 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.
Question on final passage.
January 5, 1998 - 2 -
Page 3
[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.)
Question on final passage.
(i
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.)
Question on final passage.
j)
[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.
(Supervisor Kaufman)
File 127-97-9, Ordinance No.
(Amends Section 1115.2.)
Question on final passage.
(k
[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). (Supervisor Kaufman)
File 127-97-10, Ordinance No.
(Adds Sections 6.1-1 through 6.23-l.)
Question on final passage.
January 5, 1998 - 3 -
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(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). (Supervisor Kaufman)
File 127-97-11, Ordinance No.
(Amend Sections 501, 502, 502.5, 502.6, 502.6-1, 502.8, 502.8-1, 506;
Repeal Sections 507, 508, 509, 510, 511, 512, 513, 514, 515, 515.1, 516, 517 and 518.)
Question on final passage.
(m)
[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). (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.)
Question on final passage.
(n
[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). (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.)
Question on final passage.
January 5, 1998 - 4 -
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(0)
[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).
(Supervisor Kaufman)
File 127-97-14, Ordinance No.
(Amend Sections 751, 754 and 765;
Repeal Sections 763, 764, 767, 769, 771 and 772.)
Question on final passage.
(P
[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).
(Supervisor Kaufman)
File 127-97-15, Ordinance No.
(Amend Sections 801 and 807;
Repeal Sections 809 through 840, 842, 843 and 844.)
Question on final passage.
(q)
[Payroll Expense Tax]
Ordinance amending Municipal Code, Part III, (Payroll Expenses 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). (Supervisor
Kaufman)
File 127-97-16, Ordinance No.
(Amend Sections 902.4, 903, 903.1, 904, 905, 905-A, 906A, 906B, 906C and 917.1;
Repeal 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.)
Question on final passage.
January 5, 1998 - 5 -
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(r)
[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, d e f i c i e n c y d e t e r m i n a t i o n s , j e o p a r d y a s s e s s m e n t s , n o r e t u r n m a d e ,
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). (Supervisor Kaufman)
File 127-97-17, Ordinance No.
(Amend 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;
Repeal 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.)
Question on final passage.
Recommendation of Economic Develonment. Transoortation
and Technolozv Committee
Present: Supervisors Yaki, Katz, Medina
(s)
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. (Supervisor Yaki)
File 124-97-5, Ordinance No.
(Amends Sections 11.3, 11.4;
Adds Section 11.9.)
Question on final passage.
January 5, 1998 - 6 -
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Recommendation of Health, Familv & Environment Committee
Present: Supervisors Bierman, Newsom
t)
[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. (Supervisors Leal, Bierman, Newsom)
File 97-97-59, Ordinance No.
(Adds Sections 4.14 and 21.18-6.)
Question on final passage.
Recommendations of Housing and Neighborhood Services Committee
Present: Supervisors Teng, Medina, Newsom
(u
[Permit, Cahill Contractors, Inc.]
Resolution granting revocable permission to Cahill Contractors, Inc., agents for Glide
Community Development, Inc., to temporarily close and occupy the west sidewalk and a
portion of the street area on Taylor Street, north of Ellis Street during construction
operations at the Cecil Williams Glide Community House at 333 Taylor Street.
(Supervisors Teng, Kaufman)
File 10-97-13, Resolution No.
Question on adoption.
v
[Grant - Major Urban Resource Libraries]
Resolution authorizing the Public Library to accept and expend $110,174 to be awarded by
the California State Library, as part of the Major Urban Resource Libraries Program of
the Library Services and Technology Act, to purchase books and materials for the
international languages center, business center, jobs and career center, and children’s
center collections to be located in the main and branch libraries. (Supervisors Teng,
Medina, Newsom)
File 147-97-6, Resolution No.
Question on adoption.
January 5, 1998 - 7 -
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Recommendations of Rules Committee
Present: Supervisors Ammiano, Brown, Yee
(w>
[Appointment]
Resolution appointing member to the Park and Open Space Advisory Committee, for
unexpired portion of two-year term ending July 15, 1999. (Rules Committee)
File 92-97-48, Resolution No.
(M. Terri Hanagan, succeeding Geoffrey Kors, Seat No. 23301, from list of
organizations, resigned.)
Question on adoption.
x
[Appointments]
Resolution appointing members to the Adult Day Health Care Planning Council, terms
expired, for new three-year terms ending September 30, 2000. (Rules Committee)
File 92-97-51, Resolution No.
(Carole Kilgariff, succeeding herself, Seat No. 20007, must represent age group;
Dr. Harry Weinstein, M.D., succeeding himself, Seat No. 20012, must represent the
San Francisco Medical Society.)
Question on adoption.
y
[Appointments]
Resolution appointing members to the Bicycle Advisory Committee, terms expired, for
new three-year terms ending December 31, 2000. (Rules Committee)
File 92-97-55, Resolution No.
(Theodore C. Thomas, succeeding himself, Seat No. 24301, must represent the bicycle
industry;
Laurel Condro, succeeding herself, Seat No. 24302, must represent environmental
organization.)
Question on adoption.
January 5, 1998 - 8 -
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(z
[Appointments]
Resolution appointing members to the Lead Hazard Reduction Citizens Advisory
Committee. (Rules Committee)
File 92-97-50.2, Resolution No.
(Matt Brown, succeeding Jamie Sanbonmatsu, Seat No. 26713, must represent tenant
organization, resigned, for unexpired portion of four-year term ending December 22,
1999;
Ted Gullicksen, succeeding himself, Seat 26711, must represent tenant organization,
term expired, for new four-year term ending December 22, 2000;
Nancy Burns, succeeding herself, Seat No. 26715, must be lead abatement expert,
term expired, for new four-year term ending December 22, 2000.)
Question on adoption.
Questions on the consent calendar are on passage for second reading, final passage or
adoption as indicated
REGULAR CALENDAR
UNFINISHED BUSINESS
Recommendations of Finance Committee
Present: Supervisors Leal, Brown
No. 2.
[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 1996-97; providing for ratification of action previously taken. (Mayor’s
Office of Community Development)
File 101-97-48, Ordinance No.
Question on final passage
January 5, 1998 - 9 -
Page 10
Present: Supervisors Leal, Kaufman, Brown
No. 3.
(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. (Supervisors Katz, Yaki, Yee, Bierman, Leal, Medina, Teng, Ammiano, Brown)
File 97-97-62, Ordinance No.
(Add Sections 23.31 through 23.35.)
Question on final passage
No. 4.
[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. (Supervisor Brown)
File 127-97-6.2, Ordinance No.
(Amends Section 515.01.)
Question on final passage
From Finance Committee Without Recommendation
Present: Supervisors Kaufman, Brown
No. 5.
[Appropriation, Office of Citizen Complaints]
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; companion measure to File
102-97-12. (Mayor Willie L. Brown, Jr.)
File 101-97-36, Ordinance No.
Question on final passage
January 5, 1998 -lO-
Page 11
No. 6.
[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.
Question on final passage
Recommendations of Economic Development. Transportation
and Technology Committee
Present: Supervisors Yaki, Katz, Medina
No. 7.
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, 1 l/6/90. (Supervisor Yaki)
File 97-97-63, Ordinance No.
(Amends Sections 61.3, 61.4, 61.5 and 61.6.)
Question on final passage
No. 8.
[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, 271-97-10.2, 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.)
Question on final passage
January 5, 1998 - l l -
Page 12
No. 9.
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. 96.31OM); companion measure to Files 97-97-63,
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).)
Question on final passage
No. 10.
[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 Block 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, 271-97-10.1,
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.)
Question on final passage
January 5, 1998 - 12-
Page 13
No. 11.
[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-l 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 Uses 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, 271-97-10.1,
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.)
Question on final passage
Recommendation of Health. Family & Environment Committee
Present: Supervisors Bierman, Katz, Newsom
No. 12.
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. (Supervisors
Ammiano, Bierman, Teng, Katz, Newsom)
File 121-95-10, Ordinance No.
(Adds Section 674.)
Question on final passage
January 5, 1998 - 13 -
Page 14
NEW BUSINESS
Recommendations of Housing and Neighborhood Services Committee
Present: Supervisors Teng, Medina, Newsom
No. 13.
[Seamless Partnership]
Resolution designating the Department of Human Services to coordinate all components of
the “Seamless Partnership” the workforce development systems for the City and County
and urging all job training agencies to establish a work experience and or internship
component to their classroom training; and urging the business community to participate
in this “Seamless Partnership” to create on-the-job and/or internship opportunities for the
job trainees; and the “community career centers” should be based in the economically
disadvantaged neighborhoods and included career exploration and job retention services.
(Supervisor Teng)
File 107-97-2, Resolution No.
Question on adoption
No. 14.
[CalWORKS Plan]
Resolution approving the City’s California Work Opportunities and Responsibility to Kids
(CalWORKs) Plan as prepared by the Department of Human Services for submission to the
State Department of Social Services. (Supervisor Teng)
File 107-97-5, Resolution No.
Question on adoption
No. 15.
Hold Harmless Agreement]
Resolution authorizing the Chief of Police to execute a hold harmless agreement with the
State of California concerning the participation of the Police Department in the Parole
Law Enforcement Automated Data System (LEADS) Program. (Police Commission)
File 172-97-71, Resolution No.
Question on adoption
January 5, 1998 - 14-
Page 15
No. 16.
[Contract Approval]
Resolution authorizing the Department of Parking and Traffic to enter into a
Memorandum of Understanding with the Unified School District to implement a School
Crossing Guard Program and approving an indemnification clause contained in the
Memorandum of Understanding. (Supervisors Teng, Medina, Newsom)
File 172-97-74, Resolution No.
Question on adoption
No. 17.
[Agreement, Sheriff - Community Alert Network, Inc.]
Resolution retroactively authorizing the Sheriff’s Department to enter into an agreement
with Community Alert Network, Inc., for an automated telephone notification system,
which agreement provides for mutual indemnification from claims or other damages which
arise as a result of performance under said agreement. (Sheriff)
File 172-97-76, Resolution No.
Question on adoption
No. 18.
[Civil Rights, Vietnamese-American Coalition]
Resolution supporting the recommendations of the Vietnamese-American Coalition for
Civil Rights; and urging the Housing Authority to conduct staff training on the changing
demographics of clients they serve, and that a training session be provided for all housing
commissioners and appointed officials on the state of the Asian Pacific American
community and their needs; urging the Housing Authority Commission and Human Rights
Commission to hold a joint hearing to review the progress of the Housing Authority’s
implementation of the recommendations the Vietnamese-American Coalition for Civil
Rights and to report their findings to the Board of Supervisors by February 1, 1998.
(Supervisors Teng, Brown, Bierman, Newsom)
File 206-97-7, Resolution No.
Question on adoption
January 5, 1998 - 15 -
Page 16
No. 19.
[Liquor License, 460 Haight Street]
Resolution determining that the issuance of a Type 42 on-sale beer and wine - public
premises license to John Didomenico and Lon Lazar for Nickie’s Bar located at 460 Haight
Street, will serve the convenience of the people of the City and County, in accordance
with Section 23958.4 of the California Business and Professions Code. (Housing and
Neighborhood Services Committee)
File 223-97-36, Resolution No.
Question on adoption
No. 20.
[Liquor License Transfer, 2800 Leavenworth Street]
Resolution determining that the transfer of a Type 20 off-sale beer and wine license from
Thriftway-Dixie Company at 350 - 7th Avenue to 2800 Leavenworth Street, to Vahid
Faraji for Cafe Espresso, will serve the convenience of the people of the City and County,
in accordance with Section 23958.4 of the California Business and Professions Code.
(Housing and Neighborhood Services Committee)
File 223-97-37, Resolution No.
Question on adoption
Recommendation of Rules Committee
Present: Supervisors Ammiano, Brown, Yee
No. 21.
[Mayor’s Criminal Justice Council]
Resolution amending Resolution No. 414-89, as amended, to name changes (facilitated by
the City Charter) of member departments of the Council and Executive Committee of the
Mayor’s Criminal Justice Council. (Mayor’s Criminal Justice Council)
File 278-97-1, Resolution No.
Question on adoption
January 5, 1998 - 16-
Page 17
SPECIAL ORDER 3:00 P.M.
No. 22.
[Public Hearing]
Hearing of all persons interested in or objecting to the decision of the Director of Public
Works to approve Parcel Map to legalize subdivision of Lot 20, in Assessor’s Block 69, into
two lots of residential property located at 1001 Chestnut Street.
File 59-97-4
(Appeal filed December 10, 1997.)
From Clerk of the Board
(Only one of the following two motions should be adopted.)
No. 22a.
[Appeal, 1001 Chestnut Street Parcel Map]
Motion approving decision of the Director of Public Works, approving Parcel Map to
legalize subdivision of Lot 20, in Assessor’s Block 69, into two lots of residential property
located at 1001 Chestnut Street.
File 59-97-4.1
Question on adoption
No. 22b.
[Appeal, 1001 Chestnut Street Parcel Map]
Motion disapproving decision of the Director of Public Works, approving Parcel Map to
legalize subdivision of Lot 20, in Assessor’s Block 69, into two lots of residential property
located at 1001 Chestnut Street.
File 59-97-4.2
Question on adoption
No. 22c.
[Findings]
Motion directing the Clerk of the Board to prepare findings relating to Parcel Map to
legalize subdivision of Lot 20, in Assessor’s Block 69, into two lots of residential property
located at 1001 Chestnut Street, for consideration by the Board at its next meeting.
File 59-97-4.3
Question on adoption
January 5, 1998 - 17 -
Page 18
SPECIAL ORDER 3:00 P.M.
No. 23.
[Public Hearing]
Hearing of persons interested in or objecting to the proposed vacation of a portion of a
sewer and public utility easement located in the former Octavia Street between Post
Street and Geary Boulevard and authorizing other official actions in connection therewith.
File 164-97-4.1
(Pursuant to Board of Supervisors Resolution No. 1078-97 approved December 5, 1997.)
Action
From Economic Development. Transportation and Technology Committee
Without Recommendation
Present: Supervisors Yaki, Medina
No. 23a.
[Former Octavia Street Easement-Vacation and Sale]
Ordinance ordering the vacation and sale of a portion of a sewer and public utility
easement located in the former Octavia Street between Post Street and Geary Boulevard
and authorizing other official actions in connection therewith. (Real Estate Department)
File 164-97-4.1, Ordinance No.
Question on passage for second reading
COMMITTEE REPORTS
No. 24.
Reports from committees, if any, recommending emergency or urgent measures.
ROLL CALL FOR INTRODUCTIONS
No. 25.
Roll call for introduction of ordinances, resolutions, charter amendments, requests for
hearings, letters of inquiry, and letters of request to the City Attorney.
January 5, 1998 - 18 -
Page 19
PUBLIC COMMENT
No. 26.
An opportunity for members of the public to directly address the Board on items of
interest to the public that are within the subject matter jurisdiction of the Board,
including items being considered today which have not been referred to committee, and
excluding items which have been considered by a Board committee. Members of the public
may address the Board for up to three minutes. The President or the Board may limit the
total testimony to 30 minutes.
FOR ADOPTION WITHOUT COMMlTTEE REFERENCE
No. 27.
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.
(a
[Immigrant Aid Reimbursement]
Resolution urging the Federal and State Government to clarify to officials in the
Immigration and Naturalization Service and all state agencies that demanding repayment
of benefits violates the stated policies of the INS and the State Department. (Supervisors
Medina, Leal, Brown, Bierman, Ammiano, Newsom)
File 13-97-43, Resolution No.
(December 22, 1997 - Introduced in Board for consideration on January 5, 1998.)
Question on adoption.
(b)
[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)
File 32-97-5, Resolution No.
(December 22, 1997 - Introduced in Board for consideration on January 5, 1998.)
Question on adoption.
January 5, 1998 - 19-
Page 20
(c
[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)
File 283-97-1, Resolution No.
(December 22, 1997 - Introduced in Board for consideration on January 5, 1998.)
Question on adoption.
(d
[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)
File 30-97-l .25
(December 22, 1997 - Introduced in Board for consideration on January 5, 1998.)
Question on adoption.
(e
[Commendation]
Resolution recognizing and commending Mary I. Callanan, Treasurer, on the occasion of
her retirement after 33 years of high quality services to the City and County of San
Francisco. (Entire Board)
File 98-11
(December 29, 1997 - Referred to Board for consideration on January 5, 1998.)
Question on adoption.
(f)
[Commendation]
Resolution commending and honoring Susan Lea1 for her distinguished service as Supervisor
of the City and County of San Francisco. (Entire Board)
File 98-12
(December 26, 1997 - Referred to Board for consideration on January 5, 1998.)
Question on adoption.
January 5, 1998 - 20 -
Page 21
(g)
[Final Map]
Motion approving final map of 3930 24th Street, a 23 unit mixed use Condominium Project,
being a merger and resubdivision of Lots 8 and 9 in Assessor’s Block No. 3654, and
adopting findings pursuant to the Planning Code Section 101.1. (Department of Public
Works)
File 98-10
(December 22, 1997 - Referred to Board for consideration on January 5, 1997.)
Question on adoption.
h
[Final Map]
Motion approving final map of 24 Page Street, a five unit Residential Condominium
Project, being a subdivision of Lot 4 in Assessor’s Block No. 837, and adopting findings
pursuant to the Planning Code Section 101.1. (Department of Public Works)
File 98-13
(December 29, 1997 - Referred to Board for consideration on January 5, 1997.)
Question on adoption.
Questions on the For Adoption Without Committee Reference Calendar
IMPERATIVE CALENDAR
No. 28.
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 motion (a) or motion (b) and then
adopt motion (c). Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote
is required for the resolution(s).
(a)
[Serious Injury Finding]
Motion that the Board find by roll call vote that for the resolution(s) being considered at
this time “the need to take action is so imperative as to threaten serious injury to the
public interest if action is deferred to a later meeting.”
Action
[Purely Commendatory Finding]
Motion that the Board find by roll call vote that the resolution(s) being considered at this
time are purely commendatory.
Action
January 5, 1998 -2l-
Page 22
(c
[Brown Act Finding]
Motion that the Board find 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.
d)
[Imperative Resolutions, if any]
Questions on the Imperative calendar
January 5, 1998 - 22 -
Page 23
PROPOSED ORDINANCES RECEIVED DECEMBER 17 - DECEMBER 29, 1997 , FOR
REFERENCE BY PRESIDENT TO APPROPRIATE COMMlTTEE ON JANUARY 5,1998
File 000-98-0008. [Parking Regulation] Ordinance amending Traffic Code by amending
Section 71-B regarding the towing of vehicles from yellow zones. (Department of Parking
and Traffic) Referred to Housing and Neighborhood Services Committee.
File 000-98-0014. [General Plan Referral Procedures] Ordinance amending Administrative
Code by adding Sections 2A.52 and 2A.53, requiring General Plan Referral Reports on the
consistency with the City’s General Plan of certain actions taken by the Board of
Supervisors. (Planning Department) Referred to Rules Committee.
PROPOSED RESOLUTIONS RECEIVED DECEMBER 17 - DECEMBER 19, 1997 , FOR
REFERENCE BY PRESIDENT TO APPROPRIATE COMMITTEE ON JANUARY 5,1998
File 000-98-0001. BART/Airport Development and Easement Agreements] Resolution
approving the Airport Project Development Agreement and Easement Agreement for West
Bayshore, each of which is by and between the City and County of San Francisco, acting
by and through its Airport Commission, and Bay Area Rapid Transit System (BART).
Referred to Finance Committee.
File 000-98-0006. [Exempt Employment] Resolution approving the designation of the
classification and rank of Q-90 Director of Police Psychology exempt from the Civil
Service provisions of the Charter. (Police Department) Referred to Finance Committee.
File 000-98-0007. [Lease of Property] Resolution authorizing a IO-year lease of Public
Utilities Commission land between the City and County of San Francisco and SMART SMR
of California, Inc., dba Nextel Communications, in the City of Millbrae, San Mateo
County. (Public Utilities Commission) Referred to Finance Committee.
File 000-98-0009. [Grant - Federal Funds] Resolution authorizing the San Francisco
Municipal Court to retroactively apply for, accept and expend grant funding in the amount
of $299,562.00 from the Office of Justice Programs to underwrite the cost of the San
Francisco Drug Court Enhancement Initiative for the period September 29, 1997 to
September 30, 1998. (Municipal Court) Referred to Housing and Neighborhood Services
Committee
Petitions and communications received December 17 to December 31
for reference by the President to the Committee considering related matters or to be
ordered filed by the Clerk January 5, 1998.
1. From Department of Public Health, submitting Hazardous Waste Release Report at 65
Paloma Avenue, 416 Turk Street, 1400 Monterey Blvd., 200 Block of Bayshore near
Oakdale, 40 Natoma, 98 SeaCliff Avenue, 1731 Powell Street, 815 O’Farrell Street,
400 Shrader Street, 1246 Bush Street, 1940 Washington Street, 313-399 Grove Street,
450 Rhode Island Street, China Basin Slough, Amazon and Vienna Streets for fiscal
year 1997-1998. Health, Family and Environment Committee Clerk
2. From Ethics Commission, submitting FY 1996-97 Annual Report.
January 5, 1998 - 23 -
Page 24
3. From Department of Parking & Traffic, responding to a protest regarding parking
violation.
4. From Municipal Railway, submitting response plan from recommendations made by
the Budget Analyst as a result of the Prop J audit.
5. From Convention Facilities, requesting release of reserve funds in the amount of
$243,479 to purchase and install equipment for the recycling program. Finance
Committee
6. From Department of Parking and Traffic, submitting 1997/98 budgeted revenues and
expenditures from the Parking Revenue Fund. Copy: Each Supervisor
7. From Department of Public Works, regarding approving final map of 3930 24th Street,
a mixed use condominium project, being a merger and resubdivision of Lots 8 and 9 in
Assessor’s Block No. 3654, Order No. 170,812. To Board January 5, 1998 for adoption
without reference to committee.
8. From Housing Authority, responding to inquiry from Supervisor Ammiano about the
Section 8 Program and how tenants are being affected by current rent trends. Copy:
Supervisor Ammiano
9. From City Attorney, regarding CalFed proposal for environmental protection of the
Bay-Delta System. Copy: Each Supervisor
10. From Dexter Louie, San Francisco Medical Society, submitting the nomination of
Harry Weinstein, for reappointment to the Adult Day Health Care Center Planning
Council, Seat 20012. Rules Committee
11. From Jacob Sigg, California Native Plant Society, submitting the name of Robert
Halsey for nomination to the Park/Open Space Citizens Advisory Committee. Rules
Committee Clerk
12. From Victoria Beatrice Black, submitting resignation from Local Homelessness
Coordinating Board, Seat 30702. Rules Committee
13. From Assemblyman Kevin Shelley, regarding the 911 emergency communication
system and requesting Board of Supervisor oversight of the program. Copy: Each
Supervisor
14. From Department of Agriculture and Weights and Measures, regarding the public
market at the Ferry Plaza.
15. From State of California, Department of Health Services, regarding the FY 1997-98
Standard Agreement for the California Healthcare for Indigents Program (CHIP) and
Rural Health Services (RHS) Program.
16. From State Senator Quentin L. Kopp, supporting the proposed cigarette advertising
ban. Copy: Each Supervisor, File 121-95-10
17. From U.S. Department of Justice, submitting “Revitalizing Communities: Innovative
State and Local Programs”.
January 5, 1998 - 24 -
Page 25
18. From various signators, submitting Annual Economic Statement:
Family Service Agency of San Francisco
Good Samaritan Family Resource Center, Inc.
Finance Committee
19. From Controller’s Audits Division, submitting report concerning the audit of Pier 23
Cafe.
20. From State of California, Office of Historic Preservation, regarding Gibb, Daniel &
Co. Warehouse being placed on the National Register.
21. From Haight Ashbury Neighborhood Council, regarding preservation of the Fallon
Building as an integral part of the Gay-Lesbian-Bisexual and Transgender Cultural
Center.
22. From Golden Gate Bridge Highway and Transport District, regarding recommendation
to the Finance-Auditing Committee to authorize actions relative to adjustment of bus
and ferry transit fares. Copy: Each Supervisor
23. From Swords to Plowshares, requesting a delay in the hearing of the proposed
overhaul of the General Assistance program. Housing and Neighborhood Services
Committee. File 107-97-4
24. From San Francisco Medical Society, supporting the proposed ordinance banning
outdoor advertising of cigarettes. File 121-95-10
25. From Pacific, Gas and Electric Company, submitting Notice of Filing Application for
a Gas Rate Increase and an Electric Revenue Increase. .
26. From Desmond Heslet, regarding litigation filed against him by the City concerning
property damages due to overuse of water on Telegraph Hill. Copy: City Attorney,
Water Department
27. From various signators, regarding homeless problem. (2 letters received)
28. From Louise Bird, urging support of the legislation concerning interim controls for the
Ballpark neighborhood. Copy: Each Supervisor. File 11 l-97-4
29. From David L. Chittenden, M.D., regarding sailboats at Ft. Baker.
30. From Elizabeth Bates, concerning MUNI’s poor service. Copy: Municipal Railway
31. From Ken Nelson, opposing name change of the Airport to former Mayor Alioto.
32. From Paula M. Bartunek, supporting name change of the Airport to former Mayor
Alioto.
33. From various signators, opposing the Owner Move-In legislation. (2 signatures). File
109-97-3
34. From Department of Parking and Traffic, concerning preferential parking privileges
for the news-gathering vehicles. File 124-97-5
January 5, 1998 - 25 -
Page 26
35. From Mike Daugherty, requesting transfer of Type 20 license from 1669 Fillmore
Street to 5700 3rd Street. Housing and Neighborhood Services Committee. File 98-2
36. From Michael and Anne Dashe, obtaining public convenience and necessity approval
for a Type 17 and Type 20 license located at 1080 Dolores Street. Housing and
Neighborhood Services Committee. File 98-3
37. From Department of Public Works, requesting release of reserve funds in the amount
of $463,000 for funding the construction contract for Fire Station 20 renovation.
Fiance Committee.
38. From Department of Public Health, responding to request from Supervisor Ammiano
for information on the health impacts of diesel exhaust. Copy: Supervisor Ammiano
39. From Civil Service Commission, submitting annual report for fiscal year 1996-97
January 5, 1998 - 26 -
Page 27
Legislation Pending Under the “30 Day Rule”
These items may not be heard by Committee until the date in the right hand column.
As Revised December 26, 1997
Rule 5.40 provides that when an ordinance or resolution is introduced which would create or revise major city policy,
the committee to which the legislation is assigned shall not consider the legislation until at least thirty days after the date
of introduction. The provisions of this rule shall not apply to the routine operations of the departments of the City or
when a legal time limit controls the hearing timing. In general the rule shall not apply to hearings to consider subject
matter when no legislation has been presented, nor shall the rule apply to resolutions which simply urge action to be
taken.
Topic File No. Committee Source Legislation 30 Day
Introduced Rule
Expires
Cash Assistance Linked to Medi- 97-97-70 Finance Mayor 12/08/97 l/07/98
Cal Program - CALM Ordinance
Indigent Adults, Personal 97-97-71 Finance Mayor I2108197 l/07/98
Assisted Employment Services - Ordinance
PAES
Supplemental Security Income 97-97-72 Finance Mayor 12/08/97 l/07/98
Pending Cash Assistance ’ Ordinance
Program - SSIP
General Assistance Program - 97-97-73 Finance Mayor 12108197 l/07/98
Various Changes Ordinance
News-gathering Vehicles, 124-97-5 Economic Development, Yaki 12/08/97 l/07/98
Elected Officials Vehicles, Substitute Transportation and
Vehicle Press Card Fee Ordinance Technology
Treasure Island Development 244-97-7 Economic Development, Mayor 12115197 l/14/98
Authority Resolution Transportation and
Technology
Board Members Salary 285-97-l Rules Committee Ammiano 12/l5197 l/14/98
Charter
Amendment
Loans From State/Federal 286-97-1 Rules Committee Kaufman 12/l5197 l/14/98
Governments Charter
Amendment
Water Department Revenue 287-97-l Rules Committee Kaufman 12/15/97 l/14/98
Fund Charter
Amendment
Regional Transit Discount ID 97-97-75 Economic Development, Public 12122197 l/21/98
Card Fee Ordinance Transportation and Trans.
Technology Commission
Regional Transit Discount Card 172-97-82 Economic Development, Public 12122197 l/21/98
Program Resolution Transportation and Trans.
Technology Commission
Transit Passenger Proof of 124-97-6 Economic Development, Public 12122197 1121198
Payment Program Ordinance Transportation and Trans.
Technology Commission
Rule30dy