Board of Supervisors Minutes: February 2, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, February 2 1998 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding. CALLINGTHEROLL The meeting was called to order at 2:06 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Noted absent at first roll call: Supervisors Katz, Bierman - 2. Quorum present. Supervisor Bierman was noted present at 2:41 p.m. Supervisor Katz was noted present at 2:40 p.m. CONSENTCALENDAR Severedfrom CONSENTCALENDAR Supervisor Kaufman requested that the following measure be severed from the Consent Calendar and considered separately. RecommendationsofHealth,Family&EnvironmentCommittee Adopted as Amended [Grant - Federal] Resolution authorizing the Department of Public Health to accept and expend retroactively a grant in the amount of (($361,161))$306,161 from the Centers for Disease Control for the Condoms and Alternative HIV/AIDS Prevention Methods Project; providing for ratification of action previously taken. (Department of Public Health) File 98-0023, Resolution No. 67-98 Supervisor Kaufman, seconded by Supervisor Medina, moved to amend title, line three, by replacing "$361,161" with "$306,161". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. The Board resumed its consideration of the following items on the Consent Calendar. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [Appropriation, Dept of Public Health-SFGH] Ordinance appropriating $643,223, Department of Public Health, from San Francisco General Hospital Patient Revenue to add unbudgeted patient revenue related to the merger of the UCSF/MT. Zion Workers’ Comp Clinic with the San Francisco General Workers’ Comp Clinic for fiscal year 1997-98; providing for ratification of action previously taken. (Controller) File 101-97-41, Ordinance No. 51-98 Finally passed. [Appropriation, Dept of Public Health-SFGH] Ordinance appropriating $66,663, Department of Public Health, from San Francisco General Hospital Patient Revenues to add unbudgeted patient revenue for services referred by the San Francisco Family Planning Program and Breast and Cervical Cancer Prevention Program and to support the San Francisco General Hospital pathology laboratory for fiscal year 1997-98; providing for report in six months. (Controller) File 101-97-42, Ordinance No. 52-98 Finally passed. [MOU, Fire Rescue Paramedics, Local 790] Ordinance adopting and implementing the Memorandum of Understanding between the Service Employees International Union, AFL-CIO, Local 790, and the City and County for the H-1 Fire Rescue Paramedics to be effective for the period July 1, 1997 through June 30, 1999. (Mayor Willie L. Brown Jr.) File 93-97-49, Ordinance No. 50-98 (Fiscal Impact.) Finally passed. Adopted [Emergency Repair, Geary/23rd Avenue Sewer] Resolution approving the expenditure of funds for the emergency work to replace the structurally inadequate sewer at the intersection of Geary Boulevard and 23rd Avenue - $55,783.27. (Public Utilities Commission) File 28-97-12, Resolution No. 57-98 Adopted. [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) File 64-97-22, Resolution No. 58-98 Adopted. [Funds, Local Law Enforcement Block Grant] Resolution authorizing the Mayor to retroactively 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.) File 68-97-9, Resolution No. 59-98 Adopted. Passed for Second Reading [Appropriation, Port Commission] Ordinance appropriating $2,000,000, Port Commission, of San Francisco Harbor Operating Fund balance to fund the costs of repair to the marginal wharves from Pier 1-1/2 to Pier 5 to accommodate the new promenade for the Mid Embarcadero Roadway Project, for fiscal year 1997-98. (Controller) File 98-0052, Ordinance No. Passed for Second Reading. Adopted [Lease of Property] Resolution authorizing a 10-year lease of Public Utilities Commission land between the City and County and SMART SMR of California, Inc., dba Nextel COMMUNICATION s, in the City of Millbrae, San Mateo County. (Public Utilities Commission) File 98-0007, Resolution No. 62-98 Adopted. RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Finally Passed [Update of Public Works Code] Ordinance amending Article XX, 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) File 123-97-9, Ordinance No. 53-98 (Amends Section 1000.) Finally passed. RecommendationsofHealth,Family&EnvironmentCommittee Adopted [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) File 172-97-82, Resolution No. 61-98 Adopted. [Grant - Private] Resolution authorizing the Department of Public Health, AIDS Office, to accept and expend retroactively a grant in the amount of $63,000 from the Henry J. Kaiser Family Foundation to fund the Using New Technologies to Identify Persons at Highest Risk for HIV Project; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) File 98-0019, Resolution No. 63-98 Adopted. [Grant - Federal] Resolution authorizing the Department of Public Health to accept and expend retroactively a grant in the amount of $337,800 from the Health Resources and Services Administration to continue funding the Uniform Reporting System Project; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) File 98-0020, Resolution No. 64-98 Adopted. [Grant - State] Resolution authorizing the Department of Public Health, Division of Public Health, to accept and expend retroactively a grant of $169,500 from the California Department of Health Services WIC Branch, for smoking cessation services; providing for ratification of action previously taken. (Department of Public Health) File 98-0021, Resolution No. 65-98 Adopted. [Grant - State] Resolution authorizing the Department of Public Health to accept and expend retroactively a grant in the amount of $15,000 from the State Department of Health Services for the Surveillance for Variant and Drug Resistant Strains of HIV Project; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) File 98-0022, Resolution No. 66-98 Adopted. RecommendationsofRulesCommittee Passed for Second Reading [M.L.D.K., Inc. v. CCSF, et al.] Ordinance authorizing settlement of litigation of M.L.D.K., Inc., against the City and County by recognizing a reduction of business taxes due by $127,770.22. (City Attorney) File 98-0017, Ordinance No. (Superior Court No. 984697.) Passed for second reading. [United States, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of United States, et al., against the City and County by payment of $141,886.00. (City Attorney) File 98-0053, Ordinance No. (Federal District Court, No. C-84-7089 MHP.) Passed for second reading. [Leroy and Katherine Looper v. CCSF] Ordinance authorizing settlement of litigation of Leroy and Katherine Looper against the City and County by payment of $150,000.00. (City Attorney) File 98-0054, Ordinance No. (Superior Court No. 975-683.) Passed for second reading. [Clifford Washington, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Clifford Washington, et al., against the City and County by payment of $320,000. (City Attorney) File 98-0082, Ordinance No. (Superior Court No. 969-668.) Passed for second reading. Adopted [Appointment] Resolution appointing member to the Delinquency Prevention Commission, for a new four-year term ending December 31, 2001. (Rules Committee) File 92-97-57, Resolution No. 60-98 (Ashok Kumar Bhatt, succeeding himself, Seat No. 21820, must have interest in and be knowledgeable regarding juvenile delinquency prevention, term expired.) Adopted. [Appointment] Resolution appointing member to the Long-Term Care Pilot Project Task Force for an indefinite term. (Rules Committee) File 98-0048, Resolution No. 68-98 (Jeffrey Beane, M.D., succeeding Roy Berry, M.D., Seat No. 29908, must represent managed care, resigned.) Adopted. [Appointment] Resolution appointing member to the Lead Poisoning Prevention Citizens Advisory Committee for the unexpired portion of a four-year term ending August 20, 2000. (Rules Committee) File 98-0049, Resolution No. 69-98 (Jean Wright, succeeding Giulio Francesconi, Seat No. 26611, must have expertise in residential multi-dwellings, resigned.) Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. AppointmentofPresidentProTempore At the request of the President, Supervisors Teng and Yaki assumed the Chair (at different times) so the President could participate in the debate from the floor. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading (Supervisor Kaufman dissenting in Committee. ) [Appropriation, Department of Public Health] Ordinance appropriating $1,033,415, including an additional $262,415, Department of Public Health-Community Health Service, from Medi-Cal and MediCare Revenues and transferring $771,000 of visiting nurse hospice group contracts to fund the newly created Community Health Network Home Health Agency and for the creation of 28.2 new positions; providing for ratification of action previously taken; companion measure to File 102-97-16. (Controller) File 101-97-45, Ordinance No. (January 20, 1998 - Consideration continued to February 2, 1998.) Motion to Amend Refused Adoption Supervisor Kaufman, seconded By Supervisor Yaki, moved to amend by adding a Section 4 as follows: "Section 4: The Department of Public Health shall not expend funds or add staff resources to replace currently funded contractual services with services provided by City staff without the specific prior approval of the Board of Supervisors." Motion to amend refused adoption by the following vote: Ayes: Supervisors Kaufman, Teng, Yaki, Yee - 4. Noes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom - 6. Motion to Continue Refused Adoption Supervisor Teng, seconded By Supervisor Yaki, moved to continue consideration for two weeks to allow the department to report on making the program cost neutral to the City. Motion to continue refused adoption by the following vote: Ayes: Supervisors Kaufman, Teng, Yaki - 3. Noes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom, Yee - 7. The roll was then called on the pending ordinance and it was passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Yaki, Yee-7. Noes: Supervisors Kaufman, Newsom, Teng-3. (Supervisor Kaufman dissenting in Committee. ) [Salary Ordinance Amendment, Department of Public Health] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Public Health-Community Health Service, reflecting the creation of 28.2 new positions; companion measure to File 101-97-45. (Department of Human Services) File 102-97-16, Ordinance No. (January 20, 1998 - Consideration continued to February 2, 1998.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Yaki, Yee-7. Noes: Supervisors Kaufman, Newsom, Teng-3. The President resumed the Chair. NEWBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading [Surplus Goods Donation] Ordinance amending Administrative Code, to authorize the Director of Purchasing to dispose of surplus goods by donation for reuse or recycling. Sponsors Supervisors Brown, Bierman, Teng, Katz. File 97-97-52, Ordinance No. (Amends Section 6.01.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. In connection with the above item, Supervisors Teng, Katz requested to be added as co-sponsors. Passed for Second Reading as Amended [Capital Improvement Advisory Committee] Ordinance amending Administrative Code, to add the City Administrator as a member of the Capital Improvement Advisory Committee and to provide that the chair of the Capital Improvement Advisory Committee appoint two individuals as members (instead of Department Heads). (Mayor) File 97-97-67, Ordinance No. (Amends Section 3.20.) Supervisor Teng, seconded by Supervisor Medina, moved an amendment of the whole (technical correction to title to add language to define the proposed changes). New title: "Ordinance amending Administrative Code Section 3.20 to add the City Administrator as a member of the Capital Improvement Advisory Committee (CIAC) and to provide that the Chair of the CIAC appoint two individuals as members of the Committee. " Amendment of the Whole adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. Passed for Second Reading [Appropriation, PUC-Clean Water] Ordinance appropriating $3,468,646, Department of Public Utilities-Clean Water, Clean Water Program Fund balance for construction of new Southeast Plant Aeration Basins Influent Channel and design of a Booster Pump Station upgrade for fiscal year 1997-98. (Controller) File 98-0051, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. RecommendationofHealth,Family&EnvironmentCommittee Adopted [Methadone Administration Waiver] Resolution urging the Federal Government to provide a waiver to the City and County so that private physicians may administer methadone within their independent discretion and urging the Department of Public Health to apply for such a waiver. Sponsors Supervisors Newsom, Katz. File 13-97-40, Resolution No. 56-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. RecommendationofRulesCommittee Adopted [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 (add Rule 2.34). Sponsors Supervisors Newsom, Kaufman. File 56-97-8, Motion No. M98-11 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. FromRulesCommitteewithRecommendation"DoSubmit" (Pursuant to the provisions of Rule 2.33.7 of the Board’s Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from Committee and any Board order of submission to the electorate. In accordance therewith, consideration of the following proposed Charter amendments appropriately may be continued at least one week.) Consideration Continued [Charter Amendment-Board Members Salary] Charter Amendment (Second Draft) amending Charter Section 2.100 to increase the salary of members of the Board of Supervisors from $23,924 per year to $37,585. Sponsor Supervisor Ammiano. File 285-97-1 Supervisor Yaki, seconded by Supervisor Medina, moved to continue consideration to February 9, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. [Charter Amendment-Loans From State/Federal Govt.] Charter Amendment (Second Draft) amending Charter Section 9.111 and adding Section 9.111-1 to authorize the City and County and its commissions to clarify the general authority of the City and County and its commissions to incur and refund any indebtedness and to authorize the City and County and its commissions to enter into cost effective loans or other indebtedness with the State of California or the Federal Government under certain circumstances. Sponsor Supervisor Kaufman. File 286-97-1 Supervisor Yaki, seconded by Supervisor Medina, moved to continue consideration to February 9, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. [Charter Amendment-Water Department Revenue Fund] Charter Amendment (Second Draft) amending Charter Section 16.103 thereof and adding Section 16.103-1 thereto, to (1) establish a separate revenue fund for the deposit of revenues generated from the Water Department, and (2) provide a priority schedule for expenditures paid from this fund. Sponsor Supervisor Kaufman. File 287-97-1 Supervisor Yaki, seconded by Supervisor Medina, moved to continue consideration to February 9, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Bierman, Katz-2. SPECIALORDER3:00P.M. Hearing Held [Public Hearing] Hearing appealing decision of the Planning Commission by its Motion No. 14500, dated December 4, 1997, disapproving Conditional Use Application No. 97.588C, for conditional use authorization to allow the conversion of a two-family dwelling to a Bed and Breakfast Inn containing five (5) guests rooms in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District on property located at 377-379 Collingwood Street (aka The Villa); Lot 33, in Assessor’s Block 2752. File 98-0042 (Appeal filed January 5, 1998.) (Categorically exempt from the environmental review process pursuant to Title 14 of the California Administrative Code.) (Pursuant to Government Code Section 65009, the following notice is hereby given: If you challenge this appeal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors (401 Van Ness Avenue, Room 308; San Francisco, CA 94102.) at, or prior to, the public hearing.) Motion to Continue Refused Adoption The Clerk stated COMMUNICATION from the proprietor of The Villa dated February 2, 1998 requested this matter be continued. Supervisor Brown, seconded By Supervisor Yaki, moved to continue consideration to February 23, 1998. Motion to continue refused adoption by the following vote: Ayes: Supervisors Brown, Medina, Yaki - 3. Noes: Supervisors Ammiano, Bierman, Kaufman, Newsom, Teng, Yee - 6. Absent: Supervisor Katz - 1. The following persons were sworn in and granted privilege of the floor: Appellants: Jeremy Paul; male speaker, General Manager. Respondents: Bob Passmore, representing Planning Department and Planning Commission; male speaker; Douglas T. Hanks, M.D.; Nellie Keat; Stuart Hendersan; Henry; Arnie Jackson; Collin Patridge; male speaker. A rebuttal period was allowed. The President then declared the hearing closed. FromtheClerkoftheBoard (Only one of the following two motions should be Adopted. ) Adopted [Appeal, 377-379 Collingwood Street] Motion approving decision of the Planning Commission by its Motion No. 14500, disapproving Conditional Use Application No. 97.588C, on property located at 377-379 Collingwood Street (also known as The Villa), and adopting findings pursuant to Planning Code Section 101.1. File 98-0043, Motion No. M98-12 Supervisor Yaki, seconded by Supervisor Newsom, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Tabled [Appeal, 377-379 Collingwood Street] Motion disapproving decision of the Planning Commission by its Motion No. 14500, disapproving Conditional Use Application No. 97.588C, on property located at 377-379 Collingwood Street (also known as The Villa), and adopting findings pursuant to Planning Code Section 101.1. File 98-0044, Motion No. Supervisor Ammiano, seconded By Supervisor Yaki, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 97.588C, on property located at 377-379 Collingwood Street (also known as The Villa), for action by the Board at its next meeting. File 98-0045, Motion No. M98-13 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Recess The Board, at the hour of 4:00 p.m., took a brief recess. ReconveningoftheBoard The Board, at the hour of 5:05 p.m., reconvened. CALLINGTHEROLL On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. All members present. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, response by Supervisors to public comment testimony, supervisors participation in other boards or commissions; Daniel Pieste, football stadium; Reuben Goodman, supports methadone waiver request; Patricia Vaughey; neighborhood directory; Richard Ow, supports city run visiting nurse program; Aja Monet, police security on Municipal Railway; Tom Flowers, supports Blocks 202 and 203 as permanent park and named after Joe Alioto. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. The President resumed the Chair. FORADOPTIONWITHOUTCOMMITTEEREFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of resolution today. Any Supervisor may require any resolution to go to Committee. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Medina requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Tabled [Regional Transportation Plan] Resolution supporting the Bay Area Transportation and Land use Coalition’s recommendations for the 1998 update of the Regional Transportation Plan and urging the Chair and Executive Director of the Metropolitan Transportation Commission (MTC) to include the coalition’s recommendations in the plan update. Sponsors Supervisors Medina, Teng, Katz. File 98-0147, Resolution No. (January 26, 1998 - Introduced in Board for consideration on February 2, 1998.) Supervisor Medina, seconded by Supervisor Bierman, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. In connection with the above item, Supervisors Teng, Katz, requested to be added as co-sponsors. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Yee requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee as Amended [Stop Sign, Chestnut Street at Broderick] ((Resolution urging the Department of Parking and Traffic to erect Stop signs on Chestnut Street at Broderick Street.)) Sponsors Supervisors Yee, Newsom. Resolutionestablishingall-wayStopsignsonChestnutStreetat BroderickStreet. File 98-0149, Resolution No. (January 26, 1998 - Introduced in Board for consideration on February 2, 1998.) Supervisor Yee, seconded by Supervisor Newsom, moved an amendment of the whole entitled, "Resolution establishing all-way Stop signs on Chestnut Street at Broderick Street." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. At the request of Supervisor Yee, referred to Housing and Neighborhood Services Committee. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commend Espanola Jackson] Resolution recognizing the community activism and dedication of Espanola Jackson. Sponsors Supervisors Katz, Brown, Kaufman, Yaki, Bierman, Teng. File 98-0145, Resolution No. 70-98 (January 26, 1998 - Introduced in Board for consideration on February 2, 1998.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Proclaim National Day of Remembrance] Resolution declaring February 19, 1998 a National Day of Remembrance in San Francisco in honor of the 56th Anniversary of Executive Order 9066. Sponsors Supervisors Yaki, Teng, Yee, Bierman, Kaufman, Katz. File 98-0146, Resolution No. 71-98 (January 26, 1998 - Introduced in Board for consideration on February 2, 1998.) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [State Legislation, AB 1437, Smog Check II] Resolution opposing the passage of AB 1437 (Cardoza) or any other legislation that imposes Smog Check II on the Bay Area. Sponsors Supervisors Teng, Katz. File 98-0148, Resolution No. 72-98 (January 26, 1998 - Introduced in Board for consideration on February 2, 1998.) Adopted. In connection with the above item, Supervisor Katz 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 Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee. File 98-0152, Motion No. M98-16 (January 26, 1998 - Introduced in Board for consideration on February 2, 1998.) Adopted. [Final Map] Motion approving final map of 570 Page Street, a Residential Condominium Project, being a subdivision of Lot 14 in Assessor’s Block No. 842 and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0135, Motion No. M98-14 (January 22, 1998 - Referred to Board for consideration on February 2, 1998.) Adopted. [Final Map] Motion approving final map of 1281 Vallejo Street, a Residential Condominium Project, being a subdivision of Lot 28 in Assessor’s Block No. 152, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0136, Motion No. M98-15 (January 22, 1998 - Referred to Board for consideration on February 2, 1998.) Adopted. [Ruth Brinker Commemorative Plaque] Resolution urging that the City and County honor Project Open Hand founder Ruth Brinker with commemorative street plaque on Willow Alley. Sponsors Supervisors Katz, Kaufman. File 98-0167, Resolution No. 73-98 (January 28, 1998 - Referred to Board for consideration on February 2, 1998.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [National Freedom to Marry Day] Resolution commending Lambda Legal Defense and Education Fund and the Freedom to Marry Coalition for their work in procuring marital rights for Lesbian and Gay families and urging that the State of California recognize the right of same-gender couples to marry. Sponsor Supervisor Katz. File 98-0168, Resolution No. 74-98 (January 28, 1998 - Referred to Board for consideration on February 2, 1998.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Central Permit Bureau, Fees and Procedures] Ordinance repealing Public Works Code Section 1 and amending Building Code by adding Chapter 1, Sections 106.1.2 through 106.1.3 to correct jurisdiction concerning the Central Permit Bureau operations from Department of Public Works to Department of Building Inspection. Supervisor Kaufman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0091. [Annual Appropriation Ordinance Amendment] Ordinance amending Ordinance 345-97 (Annual Appropriation Ordinance) to add Section 12.4 relating to additional services by the Health Department. Supervisor Kaufman presented. Referred to Finance Committee. File 98-0175. Referred to Board [Commend Matt Onek] Resolution commending Matt Onek, departing Director of the San Francisco Youth Commission. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar February 9, 1998. File 98-0176. [Commend Child Passenger Safety Awareness Week] Resolution commemorating February 8-12 as Child Passenger Safety Awareness Week and urging City Departments to participate in supporting this week through education, enforcement and awareness efforts. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar February 9, 1998. File 98-0177. [Commend Chinese Performing Artists of America] Resolution commending the Chinese Performing Artists of America for its outstanding artistic achievements and declaring February 21, 1998 as "Chinese Performing Artists of America and Chinese Performing Arts Festival Day" in San Francisco. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar February 9, 1998. File 98-0178. [Commend Center for Young Women’s Development] Resolution commending the Center for Young Women’s Development for their success in San Francisco and acknowledging the recipients of the 1998 Youth and Social Justice Awards. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar February 9, 1998. File 98-0179. [Commend Resolve To Stop The Violence Project] Resolution commending the San Francisco Sheriff’s Department’s Resolve To Stop The Violence Project (R.S.V.P.) for the innovative approach to healing the harm caused by violence through restorative justice. Supervisors Katz, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar February 9, 1998. File 98-0180. [Local Business Enterprise Program, Airport] Resolution supporting the Airport Commission’s policy adoption to have San Francisco based businesses represented in the retail, food and beverage and service operations in the terminal complex. Whenever appropriate, concession opportunities should be ’set aside’ for such firms and staff is directed to use its best efforts to encourage participation of small businesses in the bidding process. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar February 9, 1998. File 98-0181. Referred to Committee [UCSF Land Donation, CEQA Findings] Resolution adopting environmental findings (and a statement of overriding considerations) pursuant to the California Environmental Quality Act and State guidelines in connection with certain documents relating to the conveyance of land to the Regents of the University of California to be developed for university purposes; companion to Files 98-0183 and 98-0184. Supervisor Yaki presented. Referred to Finance Committee. File 98-0182. [UCSF Property Donation Conveyance] Resolution approving and authorizing the conveyance, for no consideration, to the Regents of the University of California, of approximately 1.34 acres of present and former street areas at 16th and Sixth Streets to be developed for university purposes; adopting findings that the conveyance is consistent with the City’s General Plan and eight priority policies of Planning Code Section 101.1; and ratifying prior acts; companion to Files 98-0182 and 98-0184. Supervisor Yaki presented. Referred to Finance Committee. File 98-0183. [UCSF Donation, Public Trust Agreement] Resolution finding and determining that the conveyance to the Regents of the University of California of certain real property located near Sixth and 16th Streets is authorized by and consistent with the provisions of Chapter 1143 of the Statutes of 1991, as amended; approving an agreement; and ratifying past acts; companion to Files 98-0182 and 98-0183. Supervisor Yaki presented. Referred to Finance Committee. File 98-0184. [Chinatown Better Parks and Recreation] Resolution amending Resolution Nos. 667-90 and 955-93 to add the Chinatown Better Parks and Recreation as an organization qualified to submit nominations for appointment to the Park and Open Space Advisory Committee pursuant to Charter Section 16.107(G). Supervisor Yaki presented. Referred to Housing and Neighborhood Services Committee. File 98-0185. [Lease, Treasure Island] Resolution approving and authorizing an amendment by and between the City and County and Universal Studios for the sublease of Buildings 3 and 180 on naval station Treasure Island. Mayor Willie L. Brown, Jr. presented. Referred to Economic Development, Transportation and Technology Committee File 98-0186. RequestsforHearings: [Substance Abuse Treatment Programs] Hearing to consider the substance abuse treatment programs within our jails. Supervisor Newsom presented. Referred to Housing and Neighborhood Services Committee. File 98-0187. [Parcels 202 and 203] Hearing to consider the open space status and future plans for Assessor Parcels 202 and 203 (Embarcadero). Supervisor Newsom presented. Referred to Housing and Neighborhood Services Committee. File 98-0188. [State of the School District] Hearing to consider the state of the school district (school bus seat belts, lunches/food, bathrooms and health issues). Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 98-0189. [Casey Martin vs. PGA Verdict] Hearing to consider implications of the Casey Martin vs. PGA verdict and its impact on PGA sanctioned events in San Francisco. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 98-0190. [Power Plants] Hearing to consider the ramifications of a change in ownership of the Hunters Point and Potrero power plants. Supervisor Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0191. [Hazardous Materials Reduction Plan] Hearing to consider implementing a hazardous materials reduction plan. Supervisor Katz presented. Referred to Health, Family and Environment Committee. File 98-0192. [Violence on Municipal Railway System] Hearing to consider security and safety concerns on Municipal Railway. Supervisor Brown presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0193. [Bayview Recreational Facilities] Hearing to consider funding for the Bayview olympic-sized pool and the status of parks in the Bayview Hunters Point area. Supervisor Brown presented. Referred to Housing and Neighborhood Services Committee. File 98-0194. [PGA Tour Championship] Hearing to consider how to bring the PGA Tour Championship to Harding Golf course and to create a home for First Tee at such course. Supervisor Brown presented. Referred to Housing and Neighborhood Services Committee. File 98-0195. [Esprit Park] Hearing to consider the purchase of Esprit Park. Supervisor Brown presented. Referred to Housing and Neighborhood Services Committee. File 98-0196. Motions: [Rules of Order] Motion amending the Rules of Order of the Board of Supervisors by adding Rule 5.7 and amending Rule 5.5 in order to create a new standing committee, the Parks and Recreation Committee. Supervisor Kaufman presented. Referred to Rules Committee. File 98-0197. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0138. [Weight Restriction, Kensington Way] Ordinance adding Section 28.1.98 to the San Francisco Traffic Code to establish a weight restriction on Kensington Way. (DPT Order No. 1438). (Department of Parking and Traffic) Referred to Housing and Neighborhood Svcs Committee. File 98-0164. [Hazel Louise Ellis v. CCSF et al.] Ordinance authorizing settlement of litigation of Hazel Louise Ellis against the City and County of San Francisco by payment of $185,000. (Superior Court No. 976-607). (City Attorney) Referred to Rules Committee. File 98-0165. [Tamilia Gorman/Alexander Rabey v. CCSF et al.] Ordinance authorizing settlement of litigation of Tamilia Gorman and Alexander Rabey against the City and County of San Francisco by payment of $27,000.00. (Superior Court No. 961-655). (City Attorney) Referred to Rules Committee. File 98-0166. [Carol McGee v. CCSF et al.] Ordinance authorizing settlement of litigation of Carol McGee against the City and County of San Francisco by payment of $70,000. (Superior Court No. 980-710). (City Attorney) Referred to Rules Committee. Resolutions Referred to Committee File 98-0137. [Gift Acceptance] Resolution authorizing the San Francisco Police Department to accept the gift of a Live Scan Fingerprint machine and printer valued at $43,000. (Police Commission) Referred to Housing and Neighborhood Svcs Committee. File 98-0155. [John Muir Drive Emergency Authorization] Resolution concurring with and supporting the Director of the Department of Public Works finding and declaration of a public emergency; urging said Director to take necessary measures in the most expeditious manner to protect the public safety, health, welfare, and property of the citizens of San Francisco with regard to the dangerous condition created by the unstable conditions on John Muir Drive; and to authorize the Director of the Department of Public Works to enter into agreements of indemnity based on this emergency at John Muir Drive. (Department of Public Works) Referred to Finance Committee. File 98-0157. [Encroachment Permit, 3rd/King Streets] Resolution granting revocable permission to Huber, Hunt & Nichols, Inc. Construction Company to temporarily close and occupy the east sidewalk and a portion of the street area on 3rd Street between King and Berry Streets and south sidewalk and a portion of the street area on King Street between 2nd and 3rd Streets to conduct construction operations at the Pacific Bell Park (Block 3794, Lot 28). (DPW Order No. 170,747). (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 98-0158. [CA Integrated Waste Management Board Receipt] Resolution authorizing the City Administrator of the City and County of San Francisco to accept and expend $25,000 from the California Integrated Waste Management Board. (City Administrator) Referred to Health, Family and Environment Committee. File 98-0159. [Environmental Protection Agency Receipt] Resolution authorizing the City Administrator of the City and County of San Francisco to accept and expend $5,000 from the Environmental Protection Agency (EPA). (City Administrator) Referred to Health, Family and Environment Committee. File 98-0160. [State Child Care Contract] Resolution authorizing the execution of a contract between the City and County of San Francisco and the State of California Department of Education in the amount of $606,060 for participation by the City and County in the State’s Child Care and Development Program for fiscal year 1997-1998. (Department of Human Services) Referred to Health, Family and Environment Committee. File 98-0161. [Gift Acceptance] Resolution authorizing the Director of Public Works to accept and expend a gift of up to $500,000 from the San Francisco Foundation Community Initiative Funds and the Friends of Recreation and Park, to construct the improvements of Pioneer Park at Coit Tower. (Department of Public Works) Referred to Housing and Neighborhood Svcs Committee. File 98-0162. [Gift Acceptance] Resolution accepting gifts valued at a total of $57,100.00 from various donors for use by the Recreation and Park Department. (Recreation and Park Commission) Referred to Housing and Neighborhood Svcs Committee. File 98-0163. [Gift Acceptance] Resolution accepting gifts valued at a total of $135,055.00 from various donors for use by the Recreation and Park Department. (Recreation and Park Commission) Referred to Housing and Neighborhood Svcs Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Newsom, that letter of inquiry be sent to Superintendent, San Francisco Unified School District, to determine what substance abuse treatment, diversion, education and prevention programs currently exist. By Supervisor Newsom, that letter of inquiry be sent to Superintendent, San Francisco Unified School District, concerning the women’s bathroom stall doors at George Washington High School to ascertain whether the doors could be replaced with longer ones and not covered with graffiti. By Supervisor Ammiano, that letter be sent to his Honor, Mayor Willie L. Brown, Jr. to inquire whether or not City departments are limiting or suppressing the right to speak by City employees thereby violating First Amendment rights to speak out. By Supervisor Ammiano, that letter be sent to Director of Public Health concerning the proposed sale of the Hunters Point and Potrero power plants by Pacific Gas and Electric Company to request the following information be provided within thirty days: If the new owner has a financial incentive to operate the power plants at their total gross capacity; what are the likely impacts of the increased point source air pollution on area residents, including children, individuals with compromised respiratory systems and the elderly; what are the projected public health costs associated with air pollution in the southeast quadrant of the City. File 98-0191. By Supervisor Ammiano, that letter be sent to Director, Public Utilities Commission, regarding the proposed sale of the Hunters Point and Potrero power plants by Pacific Gas and Electric Company to request the following information be provided within thirty days: In recent power plant sales in the State of California, how much have power plants sold for in relation to their book value; According to California Public Utilities Commission Staff, will the sale of the Hunters Point and Potrero power plants result in increased operation of these plants; how much increased air pollution could be expected as a result of increased operation of the power plants; could the City and County participate in the auction of these plants, if order to ensure their safe operation and the eventual phase out of their use; if not, what steps could the City take to discourage the sale of these facilities. File 98-0191. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Joseph Alioto (By the entire Board) Lionel Wilson (By the entire Board) Richard Shine Dinner Sponsors Supervisors Kaufman, Katz. Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:53 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on . I, John L. Taylor, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors